HomeMy WebLinkAboutResolution 96-14RECORD OF RESOLUTIONS
Dayton Legal Blank. Inc., Form No 3 0045
Resolution No.
96 -14
Passed 1 20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A COLLECTIVE BARGAINING AGREEMENT
WITH THE FRATERNAL ORDER OF POLICE – OHIO LABOR
COUNCIL REGARDING WAGES, HOURS, AND TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES WITHIN
THE COMMUNICATIONS TECHNICIAN BARGAINING UNIT.
WHEREAS, the City of Dublin and the Fraternal Order of Police – Ohio Labor Council
have reached tentative agreement regarding wages, hours, terms and conditions of
employment for employees within the Communications Technician bargaining unit; and
WHEREAS, Council has determined that the attached Agreement should be ratified by
Council.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of
Ohio, �-7— of the elected members concurring that:
Section 1. The City Manager be, and hereby is, authorized to enter into the
attached Collective Bargaining Agreement with the Fraternal Order of Police – Ohio
Labor Council regarding wages, hours, and terms and conditions of employment for
employees within the Communications Technician bargaining unit.
Section 2. As referenced in Section 1.6 of the attached Agreement, said Agreement
shall supersede and replace all applicable state and local laws, which it has the
authority to supersede and replace.
Section 3. This Resolution shall be effective immediately upon passage as provided
under Section 4.04 (a) of the Revised Dublin Charter.
Passed this l day of ACA- , 2 014.
ayor - Presiding Ofhcer
ATTEST:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager 4l 1
Date: December 11, 2014
Initiated By: Tim D. Wagner, Director of Human Resources
Memo
Re: Resolution 96 -14 - Ratifying a New Collective Bargaining Agreement
with Fraternal Order — Ohio Labor Council
Summary
Attached for your consideration is Resolution 96 -14, authorizing the City Manager to enter
into a Collective Bargaining Agreement (CBA) with the Fraternal Order of Police - Ohio
Labor Council regarding wages, hours, terms and conditions of employment. The proposed
Collective Bargaining Agreement would cover personnel within the Communications
Technician bargaining unit within the Division of Police, which is comprised of
approximately18 members.
Also attached for your consideration is a summary of the proposed changes to the existing
Collective Bargaining Agreement.
The term of the proposed Collective Bargaining Agreement is three (3) years, extending
from January 1, 2015 through December 31, 2017.
The attached proposed changes to the Collective Bargaining Agreement is the culmination
of a bargaining process that began in mid - November 2014 and lasted three sessions. Both
the Management and Union bargaining teams worked hard to represent the interests of
their respective organizations, and the tone of bargaining process could be characterized
as professional and collaborative at all times. The Union has already ratified the
agreement with its members.
Key Economic Terms
The following is an executive summary of the economic Articles in which changes were
negotiated:
Memo re. Res. 96 -14 -
December 11, 2014
Page 2 of 2
Collective Bargaining Agreement — Comm. Tech.
Executive Summary
Economic Changes
Article
Terms
Rates of Pay /Wages
Across the Board Annual Wage Increase 2015 2016 2017
(Wages, Longevity
2.5% 2.5% 2.25%
Pay, Shift Differential)
Longevity Pam no change
Shift Differential Yr 1- increase from $1.05 - $1.15, Yr.2- increase to $1.20 (same as
the FOP contract) Shift differential will only be paid for hours worked on second and
third shift vs. current language that pays those employees who normally work second
and third shift the supplement whenever they work.
Health Insurance
Maintain same healthcare and wellness program but expedite the payout for the
participation requirements and biometric completion to January of each year. Added
Domestic partner to the definition of immediate famil
Compensatory time
Reduced the amt of compensatory time bank to 160 hour cap (same as all other
adjustment
unions and non -union cap). Permit 120 hr. carry over to the next year.
Vacation Leave
Annual Vacation Accrual No increase at 0 -1, 2 -4, and 5 -9 years of service level
- increased from 173 hrs to 182 hrs in the 10 -15 year level
- increased from 196 hrs to 208 hrs in the 16 -20 year level
- increased from 231 hrs to 246 hrs in the 21 and over year level
(This change creates parity with Non - Union, USW at all levels. Accrual rates are lower
than FOP-Lod 2e
Bereavement Leave
Permit 3 days of leave for a death in the immediate family and not require the use of
sick leave. (Parity with the other union contracts and non -union benefit).
The fiscal impact of the wage package (inclusive of base wages, longevity pay, and shift
differential excluding overtime) in the proposed Collective Bargaining Agreement is
projected to be approximately $182,768 over the three -year term of the Agreement.
Recommendation
Staff recommends Council approve Resolution 96 -14 at the Special Meeting scheduled for
Monday, December 15, 2014.
City of Dublin
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF DUBLIN
AND
THE FRATERNAL ORDER OF POLICE
OHIO LABOR COUNCIL, INC.
COMMUNICATIONS TECHNICIAN
BARGAINING UNIT
CONTRACT PERIOD:
JANUARY 1, 2015 THROUGH DECEMBER 31, 2017
ARTICLE 1
CONTRACT
Section 1.1 Contract. This Contract is made and entered into at Dublin, Ohio by and
between the City of Dublin, as the Employer, also referred to as "Employer ", "City" or
"Division ", and the Fraternal Order of Police, Ohio Labor Council, Inc., hereinafter
referred to as the 'T.O.P. /O.L.C. ", O.L.C., or the Union.
Section 1.2 Purpose. This Contract is made for the purpose of setting forth the
understandings and agreements between the parties governing the wages, hours,
terms and conditions of employment for those employees included in the bargaining
unit identified herein.
Section 1.3 Savings Clause. Should any part of this Contract be held invalid by
operation of law or by final order issued by any tribunal of competent jurisdiction, or
should compliance with or enforcement of any part of this Contract be restrained by any
such tribunal pending a final determination as to its validity, such invalidation or
temporary restraint shall not invalidate or affect the remaining portions hereof or the
application of such portions to persons or circumstances other than those to whom or
to which invalidation of any portion of this Contract by final order issued by a tribunal of
competent jurisdiction or by operation of law, and upon written request by either party,
the parties to this Contract shall meet within thirty (30) days of receipt of the written
request, in an attempt to modify the invalidated provisions by good faith negotiations.
Section 1.4 Conflicting Agreements. The Employer, the Union, and employees
agree that none of their representatives shall make or ask an employee to make any
written or verbal agreement which would conflict with this Contract.
Section 1.5 Contract Amendments. Unless otherwise specified in this Contract, no
changes in this Contract shall be negotiated during its duration unless there is written
accord to do so by and between the parties. Any negotiated changes, to be effective
and incorporated in this Contract, must be in writing and signed by the parties.
Section 1.6 Applicability. This Contract, when executed, shall supersede and replace
all applicable state and local laws which it has authority to supersede and replace.
Where this Contract is silent, the provisions of applicable law shall prevail.
ARTICLE 2
RECOGNITION
Section 2.1 Recoanition. The Employer recognizes the Union as the sole and
exclusive representative for all employees in the bargaining unit described herein in any
and all matters relating to wages, hours, terms and conditions of employment, and the
continuation, modification, or deletion of an existing provision of this Contract and for
the administration of this Contract.
Section 2.2 Baraainina Unit. There shall exist in the City of Dublin a bargaining unit
consisting of:
All full -time Communications Technicians as certified by the State Employment Relations
Board in case #92- REP -06 -0134 November 5, 1992, who are employed by the
Employer, excluding Communications Supervisors.
References throughout this Contract to bargaining unit members shall mean employees
within the bargaining unit.
ARTICLE 3
UNION BUSINESS
Section 3.1 Dues Deduction. The Employer agrees to deduct Union membership
dues in the amount certified by the Union to the Employer. One -half (1/2) of such dues
shall be deducted from each of the first two pay periods of each month from the pay of
any Union member requesting the same in writing. The Employer also agrees to deduct
Union initiation fees and assessments, in the amount certified by the Union to the
Employer, the first two pay periods of each month, in which such fees and assessments
are due, from the pay of any appropriate Union member.
If a deduction is desired, the Union member shall sign a payroll deduction form. Once
each calendar month, a warrant in the aggregate amount of the deductions made for
that calendar month, together with a listing of the Union members for whom deductions
were made, shall be furnished to the Director of the Union. Nothing herein shall prohibit
Union members covered by this Contract from submitting dues directly to the Union.
The Employer shall provide the Union with additional payroll deductions for the purpose
of the Union providing additional non - employer - provided employee benefits, providing
the Employer's payroll accounting system possesses sufficient capacity and capability
for additional deductions, and that the City determines that such deduction is for a
legitimate program, the provisions under such a program are not substantially similar to
programs already offered through payroll deduction, and further, that at least sixty
percent (60 %) of the bargaining members declare interest (in writing) in enrolling in
such a program.
No other employee organization's dues shall be deducted from any employee's pay for
the duration of this Contract.
The Union agrees to hold the Employer harmless should any deductions be found to
have been unlawfully, illegally or improperly taken. Further, the Union agrees to
indemnify the Employer and to provide legal counsel in defending any action claiming
that a deduction has been unlawfully, illegally or improperly made and will further
reimburse the Employer for any payments made by the Employer as a result of any
finding by an administrative agency or court of law that it has unlawfully, illegally or
improperly made deductions.
Section 3.2 Fair Share Fee. Bargaining unit employees who are not members of the
Union shall, as a condition of employment, pay to the Union a fair share fee. The
amount of the fair share fee shall be determined by the Union, but shall not exceed
dues paid by members of the Union who are in the bargaining unit. Such fair share fee
shall be certified by the Union to the Employer at such time during the term of this
Contract as necessary to be accurate. Such payment shall be subject to an internal
Union rebate procedure meeting all requirements of state and federal law.
For the duration of the Contract, such fair share fee shall be automatically deducted by
the Employer from the payroll check of each bargaining unit employee who is not a
member of the Union. One -half (1/2) of the automatic deduction shall be made in the
first two pay periods of each month. The Employer agrees to furnish the Assistant
Director of the Union once each calendar month, a warrant in the aggregate amount of
the fair share fees deducted for that calendar month, together with a listing of the
bargaining unit employees for whom said deductions are made.
The automatic deduction shall be initiated by the Employer whenever a bargaining unit
employee who is not a member of the Union has completed the employee's first sixty
(60) days of employment.
The Union agrees to hold the Employer harmless should any deductions be found to
have been unlawfully, illegally or improperly taken. Further, the Union agrees to
indemnify the Employer and provide legal counsel in defending any action claiming that
a deduction has been unlawfully, illegally or improperly made and will reimburse the
Employer for any payments made by the Employer as a result of any findings by an
administrative agency or court of law that it has unlawfully, illegally or improperly made
deductions.
Section 3.3 Bulletin Boards. The City agrees to provide bulletin board space at
Division headquarters. Union bulletins and Union material will be permitted to be posted
on this bulletin board space. Non - bargaining unit members shall not be permitted to
remove, add to or alter the material posted on this designated space unless said
material contains obscene, racially or sexually offensive material.
Section 3.4 Meeting Locations. The Union shall be permitted, upon prior notification
to the Chief of Police, to hold meetings, for the bargaining unit membership, at police
headquarters or other City building, room or facility. The notification required under this
Section shall be in writing (hard copy or e- mail), shall be delivered to the Chief, or the
Chiefs designee, at least forty-eight (48) hours prior to the time of the meeting, and
shall state the date, time, and requested location of the meeting.
The Employer agrees to hold the requested location open for use by the Union on the
date and at the time specified in the Union's notification to the Chief. However, if it is
not practicable for the Employer to provide the requested location to the Union, the
Employer will so notify the Union and make every effort to provide for an alternate
meeting location in another City building, room or facility. No employee shall attend the
above - referenced meetings while on duty without receiving prior approval from the
Chief of Police or the Chief's designee. Such approval shall not be unreasonably
withheld.
No bargaining unit employee or member of the Union shall be obligated or asked to
divulge to the Employer information discussed at said meetings.
Section 3.5 Ballot Boxes. The Union shall be permitted, upon prior notification to the
Chief of Police, to place a ballot box at Division headquarters for the purpose of
collecting members' ballots on all Union issues subject to ballot. Such box shall be the
property of the Union and neither the ballot box nor its contents shall be subject to the
Employer's review.
Section 3.6 Use of Intra- Department Mail. The Union shall be permitted to utilize
the intra - departmental mail (including electronic mail) system for the purpose of
providing information pertaining to Union business or bargaining unit representation, to
bargaining unit employees. The Union agrees that the use of the mail system will be
reasonable and limited to providing information that is necessary for the normal
conduct of Union business or bargaining unit representation. All mail placed into the
mail system by the Union shall be the property of the bargaining unit employees to
whom it is addressed, shall be clearly labeled as Union mail, and such mail shall not be
subject to the Employer's review.
Section 3.7 Use of Employer's Property /Eauipment. When possible, a Union
representative will give advance notice and obtain approval from the Chief or the Chiefs
designee if the Union intends to use the Employer's equipment or property for Union
business or other non -work related activities. In the Chief's or designee's absence,
notice shall be given to and approval obtained from the shift supervisor at the time.
Permission of the Chief or the Chief's designee to use the equipment or property will
not be withheld without a valid reason.
Section 3.8 Bargaining Unit Representatives. Representatives of the Union shall
be permitted to transact official Union business at Divisional work sites at all reasonable
times, provided that this shall not interfere with or interrupt normal Division operations.
The bargaining unit is authorized to select one (1) employee representative and two (2)
alternates to conduct bargaining unit business. The employee representative, upon
giving reasonable notice, and upon receiving authorization from the Communications
Supervisor, or in Communication Supervisor's absence the Technical Services Bureau
Commander, shall be allowed reasonable time off during regular working hours to
investigate a grievance, consult with the Employer in addressing labor /management
issues, process a grievance, or assist in the settlement of a dispute. Permission to
perform these functions shall not be unreasonably denied.
Section 3.9 Negotiating Committee. On days when actual negotiation sessions are
scheduled, representatives will have their work schedule altered to day shift provided
said change can be made without creating any overtime obligation to the City and it
does not take any shift below minimum staffing levels as determined by the Division of
Police. The Union will notify the Employer of the names and normal work schedules of
representatives whose schedules need to be changed prior to the first negotiation
meeting. No members of the Union negotiation committee will be allowed to attend
work sessions of the negotiation committee while on duty if their attendance would
reduce staffing during said time period below minimum staffing levels as set by the
Division of Police. No overtime obligation shall be incurred by the City as a result of any
bargaining unit member attending work sessions or any other sessions related to
negotiations. Time spent by a bargaining unit member attending work sessions,
negotiations, or any Union related business outside their scheduled shift, shall not
constitute hours worked.
ARTICLE 4
NONDISCRIMINATION
Section 4.1 Joint Pledge. The provisions of this Contract shall be applied equally to
all employees without regard to age, sex, race, color, religion, political affiliation,
disability or national origin.
Section 4.2 Employer Pledge. The Employer agrees to not interfere with the right of
the employees to become members of the Union. There shall be no disparate
treatment, interference, restraint or coercion by the Employer or any representative of
the Employer against any employee because of Union membership or because of any
lawful employee activity in an official capacity on behalf of the Union.
Section 4.3 Union Pledge. The Union, within the terms of its constitution and bylaws,
to the extent said terms are legal and in compliance with state and federal law, agrees
to not interfere with the desires of any employee of the bargaining unit to become and
remain a member of the Union. The Union agrees to fairly represent all employees of
the bargaining unit subject to the provisions and procedures set forth in Sections
4117.11(8) and 4117.12 of the Revised Code.
ARTICLE 5
MANAGEMENT RIGHTS
Section 5.1 Management Rights. Except as specifically limited herein, the Employer
shall have the exclusive right to manage the operations, control the premises, direct the
working forces, and maintain efficiency of operation of employees. Specifically, the
Employer's exclusive management rights include, but are not limited to, the sole right
to:
A. hire, discipline and discharge for just cause, layoff, and promote;
B. promulgate and enforce reasonable employment rules and regulations;
C. reorganize, discontinue, or enlarge the Division of Police;
D. transfer employees (including the assignment and allocation of work) within the
Police Division;
E. introduce new and /or improved equipment, methods and /or facilities, to
determine work methods;
F. determine the size and duties of the work force, the number of shifts required,
and work schedules;
G. establish, modify, consolidate, or abolish jobs (or ranks);
H. determine staffing patterns, including but not limited to assignment of
employees, numbers employed, duties to be performed, qualifications required,
and areas worked.
The exercise of the above listed management rights is subject only to the restrictions
and regulations governing the exercise of these rights as are expressly provided herein
and /or as permitted or provided by applicable law.
An employee or the employee's Union representative may raise a legitimate complaint
or file a grievance based upon the provisions of this Article.
ARTICLE 6
LABOR /MANAGEMENT MEETINGS
Section 6.1 Meetings. In the interest of sound labor /management relations, upon
request of either party, at a mutually agreeable date and time, not more than four (4)
representatives of the Employer shall meet with not more than three (3) Union
employee representatives and one (1) non - employee Union representative to discuss
pending issues and /or problems and to promote a more harmonious labor /management
relationship. Upon either party's request these meetings will be held at least semi-
annually at mutually agreeable times, but may be held more often by agreement.
An agenda will be exchanged by the parties at least five (5) working days in advance of
the scheduled meeting with a list of matters to be taken up in the meeting and the
names of those representatives from each side who will be attending. All matters on the
agenda requested by the parties to be discussed, will be discussed. The purpose of
such meeting shall be to:
A. discuss the administration of this Contract;
B. discuss grievances which have been processed beyond the final Step of the
Grievance Procedure, when such discussions are mutually agreed to by the
parties;
C. disseminate general information of interest to the parties, or discuss potential
grievances when agreed to by both parties.
D. consider and discuss health and safety matters relating to employees; and
E. discuss any other items the parties mutually agree to discuss.
ARTICLE 7
SAFE EQUIPMENT
Section 7.1 Safe Eguipment. The Employer will furnish and will maintain in good
working condition the necessary tools, facilities, vehicles, supplies and equipment
required for employees to safely carry out their duties. Employees are responsible for
reporting unsafe conditions or practices, for avoiding negligence, and for properly using
and caring for tools, facilities, vehicles, supplies, and equipment provided by the
Employer.
ARTICLE 8
N 014 %101014 :2:lelel49111 N
Section 8.1 Definition. A "grievance" is an allegation by one or more employees that
there has been a breach, misinterpretation, or improper application of this Contract. It
is not intended that the Grievance Procedure be used to effect changes in this Contract,
nor in those matters not covered by this Contract.
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 as civil rights, etc.) such matters shall not be
subject to this Grievance Procedure, or be processed hereunder. Except as provided
above, the Grievance Procedure, as set forth in this Article, shall be the exclusive
remedy for bargaining unit employees.
Section 8.3 Oualifications. All grievances must proceed through the Grievance
Procedure described in Section 8.5 of this Contract, and be presented at the proper step
and time in progression in order to be considered at subsequent steps. The proper step
to initiate the grievance is Step 1 unless the occurrence that gave rise to the grievance
originates at another step. The grievant may either initiate a grievance at Step 1 or at
the step at which the occurrence which gives rise to the grievance originates. A
grievance shall be considered withdrawn at any point where an employee submits a
written statement to that effect, or where time requirements at any step have lapsed,
without further appeal by the employee.
Any grievance not answered by the employer within the stipulated time limits, may be
advanced by the employee to the next Step in the Grievance Procedure. All time limits
on grievances set forth herein, may be extended only by mutual written consent of the
parties.
A grievance may be brought by an aggrieved employee covered by this Contract.
Where more than one (1) employee desires to file a grievance involving an incident
affecting several employees in the same or similar manner, one (1) employee shall be
selected by the bargaining unit to process the grievance. Each aggrieved employee who
desires to be included in the grievance shall sign the grievance.
Section 8.4 Grievance Form. The aggrieved employee shall use a written grievance
form which shall provide the following information:
A. Grievant's name and signature;
B. Date, time and location of grievance;
C. Description of incident giving rise to the grievance;
D. Article or Section of the Contract allegedly violated;
E. Date grievance was first discussed;
F. Name of supervisor with whom grievance was first discussed;
G. Date grievance was filed in writing; and
H. Desired remedy to resolve the grievance.
The bargaining unit shall be responsible for its accounting, duplication and distribution
of grievance forms.
Section 8.5 Grievance Procedure. It is the mutual desire of the Employer and the
bargaining unit to provide for prompt adjustment of grievances, with a minimum
amount of interruption of the work schedules. Every reasonable effort shall be made by
the Employer to effect the resolution of grievances at the earliest possible step. In
furtherance of this objective, the following procedure shall be followed:
A. Step 1 - Informal. The employee shall orally present the grievance to the
employee's immediate supervisor within fourteen (14) calendar days from the
time the employee becomes aware of the occurrence which gave rise to the
grievance. The immediate supervisor shall investigate and provide an appropriate
answer within fourteen (14) calendar days following an informal meeting at this
Step. There shall be no prohibition against having a grievance representative
present.
B. Step 2 - Chief of Police. If the grievance is not resolved in Step 1, and the
employee wishes to proceed to Step 2, the employee shall reduce the grievance
to writing and shall, within seven (7) calendar days of the answer at Step 1,
present the written grievance to the Chief of Police or the Chief's designee. The
Chief of Police or the Chief's designee shall investigate and respond, in writing,
to the employee within fourteen (14) calendar days following the presentation of
the grievance to Step 2.
C. Step 3 - City Manager. If the grievance is not resolved in Step 2, and the
employee or the Union Staff Representative wishes to proceed to Step 3, the
employee shall present the written grievance to the City Manager or the City
Manager's designee within seven (7) calendar days from receipt of the Step 2
answer. The City Manager or the City Manager's designee shall investigate the
matter and shall meet with the employee and the employee's desired
representative within fourteen (14) calendar days of the receipt of the grievance.
A written response to the grievance shall be provided to the employee(s) within
fourteen (14) calendar days following the meeting at Step 3.
D. Step 4 - Arbitration. If a grievance is not satisfactorily resolved at Step 3, the
Union Staff Representative may submit the grievance to Arbitration. If a written
notice of intent to file under the Arbitration Procedure is not received by the City
Manager or the City Manager's designee within fourteen (14) calendar days
following the date of the response outlined in Step 3, the grievance shall be
considered resolved. After receipt of a request to arbitrate from the Union, a
designee of the City Manager and the Union shall attempt to agree on an
arbitrator. The parties shall make a joint request to the Federal Mediation
Conciliation Service for a panel list of nine (9) arbitrators. The parties shall then
choose an arbitrator by alternately striking names from the list until such time as
one (1) name remains as the arbitrator chosen by the parties. Prior to beginning
the striking procedure, either party may reject the list and submit a request for
another list from the arbitration tribunal.
In issuing an award, the arbitrator shall be limited to the enforcement of the
specific provisions of the Contract. The arbitrator may not alter, amend, modify,
add to or subtract from the provisions of the Contract.
The question of arbitrability of a grievance, may be raised by either party at any
point in the grievance procedure befGFe the aFbitFatien heaFiAg an the gFieyanee,
on the grounds that the matter is not arbitrable 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 the arbitrator. The question
of arbitrability will be heard and answered before proceeding on the merits.
Thereafter, the alleged grievance will be heard on its own merits before the
same arbitrator. The decision of the arbitrator shall be final and binding. The
arbitrator shall be without authority to recommend any right to relief on any
alleged grievance occurring at any other time than the contract period in which
the right originated. The arbitrator shall not establish any new or different wage
rates not negotiated as part of the Contract. In case of discharge, suspension or
reduction, the arbitrator shall have the authority to award modification of said
discipline.
The arbitrator shall render, in writing, the arbitrator's findings and award as
quickly as possible within thirty (30) calendar days after the hearing is closed
and post- hearing briefs are submitted, if necessary The arbitrator shall forward
such findings and award to the City Manager, or the City Manager's designee,
and to the FOP /O.L.C. Representative, or the FOP /O.L.C. Representative's
designee.
Any employee who is expected to testify, and whose testimony is relevant to the
arbitration, shall be released with pay to attend the hearing, provided that the
hearing is held during the employee's regular work hours. Any expense related to
any non - employee witness(es) shall be borne by the party requesting the non -
employee attendance at the arbitration hearing.
Both the Union and the Employer shall share equally in the cost of the arbitration
proceedings.
Section 8.6 Riaht to Representation. A grievant has a right to representation at all
Steps of the Grievance Procedure and shall have an opportunity to fairly present the
grievance case by presentation of witnesses and /or other pertinent information. The
grievant and appropriate witnesses shall be entitled to be present at any Step in the
Grievance Procedure and shall not lose pay as a result of such attendance, if a meeting
is scheduled during working hours. Grievance meetings shall be scheduled at mutually
agreeable times.
Section 8.7 Extension of Time Limits. It is the Employer's and the Union's intention
that all time limits in the above grievance procedure shall be met. However, to the end
of encouraging thoughtful responses at each Step, the Union's and the Employer's
designated representative may mutually agree, at any Step, to short -term time
extensions. But any such agreement must be in writing and signed by the parties. In
the absence of such mutual extensions, if no response is forthcoming within the specific
time limits, the grievance will be moved to the next Step in the Procedure. However, if
no response is forthcoming and the employee desires to receive a response, the
employee can request that the particular official at the applicable Step respond in
writing. The employee will hand deliver a memorandum to both the Chief or the Chief's
designee and the Director of Human Resources or the Director of Human Resources'
designee requesting such a response. The applicable official will then respond within
seven (7) calendar days from the receipt of the memorandum. If a response is not
forthcoming within the seven (7) calendar day period the grievance is presumed
granted by the City in full and the City shall implement the requested remedy, except if
the requested remedy would constitute a violation of law.
ARTICLE 9
INTERNAL REVIEW PROCEDURES
Section 9.1 Scope. Except for the informal procedure for non - serious complaints or
alleged non - serious offenses described in Section 9.3 below, the investigative
procedures set forth in this Article shall be followed whenever an employee is suspected
of or charged with an act which could result in disciplinary action or criminal charges
being filed against the employee.
Section 9.2 Informal Process for Non - Serious Complaints or Offenses. In
recognition of the fact that many types of complaints are of a very minor or non - serious
nature which can be resolved at an initial, informal stage, the following procedure may
be adhered to where an informal resolution is likely to occur.
After a complaint is received or phoned in and is memorialized in writing by the
employee taking the complaint, an informal process may be initiated for resolution of
minor infractions or non - serious allegations. The investigating supervisor, whether a
Communications Supervisor, Shift Sergeant, Support Services Lieutenant, or Chief, may
approach the employee and attempt to gather the facts about the allegation from the
employee. At that time, the investigating supervisor shall notify the accused employee
of the nature of the complaint. If the complaint cannot be resolved at this informal level
or the charged employee elects not to make any statement, the official investigative
procedure will be put into place as identified in the remaining sections of this Article. If
other, more serious allegations other than those initially charged are raised during the
informal investigation, the matter will be immediately transferred to the formal process
and subject to progressive discipline. Cases processed and resolved at the informal level
may result in no more than a letter of reprimand. If the matter is not resolved at the
informal level, it shall be set for a meeting and subject to the principles of progressive
discipline.
If the matter is not informally resolved, a meeting shall be set with the accused
employee within seventy-two (72) hours at the direction of the Chief of Police or the
Chief's designee. The employee, at the employee's choosing, may bring a
representative to this meeting. The purpose of this meeting is to formally provide the
accused employee with the complaint in writing. At that time, the Communications
Supervisor will again be permitted to gather information pertinent to the complaint from
the accused employee with the presence of a representative.
Section 9.3 Notification. An employee shall be informed of the nature of the
investigation (whether disciplinary or criminal) and shall be provided written notice of
the specific factual allegations made against the employee (except at the informal
level), including a copy of the written complaint made against the employee, prior to
any questioning. If either felony or misdemeanor charges are contemplated, the
employee shall be informed of the employee's constitutional rights in advance of any
questions.
Section 9.4 Riaht to Representation. All questioning sessions shall be scheduled so
that the employee has an opportunity to obtain representation from the Union. The
Union representative or attorney shall be permitted to be present at any questioning
and shall be afforded a reasonable opportunity to consult with the employee during
questioning.
Section 9.5 Conduct of Ouestionina. As used in this Article, questioning refers to
any investigation, internal affairs review, or interrogation whether or not the employee
is to be questioned. The following rights are accorded to the employee subject to
questioning:
A. Any questioning of an employee will be conducted at hours reasonably related to
the employee's shift, preferable during the employee's working hours. Such
sessions shall be for reasonable periods of time, and time shall be allowed during
such questioning for rest periods and for an employee's attendance to physical
necessities.
B. Before an employee may be charged with insubordination or like offenses for
refusing to answer questions or participate in any investigation, the employee
shall be advised that such conduct, if continued, may be made the basis for such
a charge; except that an employee who refuses to answer questions or
participate in any investigation shall not be charged with insubordination or like
offense for such refusal as permitted on an exercise of the employee's
constitutional rights in a criminal matter.
C. Such questioning shall be recorded by the Employer at the request of either
party. Tapes will be made by the Employer and may also be made by the
employee and /or Union representative or attorney. The employee and Union
representative or Union attorney will be afforded the opportunity, upon written
request directly to the Chief or the Chief's designee, to listen to make personal
notes regarding a tape made of the employee's interview by the Division.
D. Any statements or evidence obtained in the course of questioning through the
use of threats, coercion or promises other than notification that the employee
may be charged with insubordination shall not be admissible in any subsequent
criminal action or internal proceeding. However, explaining to an employee that
potential corrective action could result if the employee continues to refuse to
answer questions or participate in an investigation shall not be considered as
such threats, coercion or promises, subject to provisions of paragraph (B) of this
Section.
E. In the course of questioning, an employee may only be give a polygraph
examination with the employee's consent. The results of this examination cannot
be used in any subsequent criminal action. Where consent is given, a polygraph
examiner shall be chosen by mutual agreement of the Employer and the Union.
Section 9.6 Access to Tapes and Documents. Once the investigation is completed,
and no later than two (2) days after requested, and reasonably in advance of any Pre -
Disciplinary Conference, the employee who is subject to questioning, and the
employee's Union representative or attorney where one is involved, will be provided
access to transcripts, records, written statements, and tapes pertinent to the case,
including transcripts of questioning asked and response to polygraph examinations.
Section 9.7 Citizen Complaint. In order for a citizen complaint to be considered as
possible grounds for disciplinary action, it must be reduced to writing and signed by the
citizen within thirty (30) calendar days after the date of the alleged event upon which
the complaint is based. If the incident alleges conduct which, if true, could lead to
criminal charges, the thirty (30) day requirement shall not be applicable.
Section 9.8 Initial Investiaation. All complaints, internal investigations and
Divisional charges should initially be under the province of the Communications
Supervisor. If the Communications Supervisor is not on -duty, the Officer -In- Charge
(O.I.C.) will be responsible for noting the incident and forwarding it to the
Communications Supervisor or the Support Services Lieutenant no later than forty-eight
(48) hours after the incident. When the incident is forwarded, the Communications
Supervisor will investigate and make recommendations to the Chief. If the
Communications Supervisor is not available within forty-eight (48) hours of the alleged
incident or on the Monday following the alleged incident if it occurs on the weekend,
the Support Services Lieutenant will investigate and make recommendations to the
Chief. If the claim is made that any provisions of this Article are violated by the
Employer, such violations shall be subject to the Grievance Procedure beginning at Step
2.
ARTICLE 10
DISCIPLINE
Section 10.1 Discipline for Cause. No bargaining unit employee shall be
reprimanded, suspended, reduced in pay, or removed, except for gFeunds stated On this
just
cause. The Employer may take this type of action while the employee is on duty;
working under color of employment for the Employer; or off -duty as an employee of the
Division or while engaged in conduct that might affect the employee's ability to perform
duties as an employee. The employee may not be disciplined for actions on the
employee's own personal time that do not reflect directly on the Division, do not violate
any State or Federal statutory provisions, or off -duty employment Divisional Standards
of Conduct, Rules and Regulations. Incompetency, inefficiency, dishonesty,
drunkenness, immoral conduct, insubordination, discourteous treatment or neglect of
duty, absence without leave, or any conduct unbecoming an employee, or any other
acts of misfeasance, malfeasance or nonfeasance, or violations of any Dublin Division of
Police General Orders shall be cause for disciplinary action.
Section 10.2 Proaressive Discipline. Except in instances where an employee
engages in serious misconduct, the facts and circumstances of which could justify
suspension or discharge, discipline will be applied in a progressive manner. Progressive
discipline shall take into account the nature of the violation, an employee's record of
discipline, and the employee's record of conduct.
Ordinarily, a progressive disciplinary action will involve an oral reprimand before a
written reprimand, a written reprimand before a suspension, and a suspension before
reduction in pay or removal for a repeated, similar, or related offense. The commission
of a repeated or related offense for which an oral reprimand has been given, permits,
but does not require, the Employer to issue a written reprimand. Should a written
reprimand be issued, the Employer is permitted, but not required, to issue a suspension
for the commission of a related offense of the same, similar, or related nature. Should
a suspension be issued, the Employer is permitted, but not required, to reduce in pay or
remove the employee for the commission of a repeated offense of the same, similar, or
related nature.
In all instances of discipline, the Employer shall only impose a disciplinary penalty
commensurate with the offense, which, where practicable, may assist the employee in
correcting whatever action or behavior is deemed inappropriate. Nothing herein
precludes the Employer from utilizing positive steps, including counseling, to correct an
employee's inappropriate action or behavior.
When disciplinary action is first proposed, the employee and employee's representative
will be allowed an opportunity, if desired to meet with the appropriate supervisor to
discuss the proposed discipline.
Section 10.3 Disciplinary Action. The prerogative to issue oral reprimands and
written reprimands rests solely within the Divisional hierarchy of authority. Where there
is reason to believe that an employee is guilty of an offense which might lead to
suspension without pay, reduction in pay or rank, or removal, the Chief has the
responsibility to specify charges and the proposed penalty against the employee, which
charges shall be heard in a Pre - Disciplinary Conference, as established in Section 10.4.
In specifying charges, the Chief shall provide the employee with all evidence supporting
the charges.
Section 10.4 Pre - Disciplinary Conference. When charges are specified by the
Chief, a Pre - Disciplinary Conference shall be scheduled to give the employee an
opportunity to offer an explanation of the alleged offense /misconduct. Pre - Disciplinary
Conferences will be conducted by the City Manager, or the City Manager's designee.
Not less than seven (7) calendar days prior to the scheduled Pre - Disciplinary
Conference, the Chief will provide the employee with written notice of the preferred
charges. The employee may choose to:
1. appear at the Conference to present an oral or written statement in the
employee's defense;
2. appear at the Conference with a Union representative or attorney; or
3. elect to waive (in writing) the opportunity to have a Pre - Disciplinary Conference.
At the Pre - Disciplinary Conference, the City Manager, or City Manager's designee, will
ask the employee or employee's representative to respond to the preferred charges. At
the Pre - Disciplinary Conference, the employee or the employee's representative shall be
permitted to offer testimony and evidence in the employee's defense, call witnesses
material to the employee's defense, and confront the employee's accusers. The
employee or the employee's representative shall provide a list of witnesses to the City
Manager or the City Manager's designee as far in advance as possible, but no later than
two (2) calendar days prior to the Pre - Disciplinary Conference. It is the employee's
responsibility to notify the employee's witnesses that the employee desires their
attendance at the Pre - Disciplinary Conference.
A written report will be prepared by the City Manager, or the City Manager's designee,
summarizing the findings of fact and disciplinary penalty to be imposed, if any. A copy
of this written report will be provided to the employee or the employee's representative
within fourteen (14) calendar days following the Conference. Pre - Disciplinary
Conferences shall be tape- recorded. A copy of the recording shall be furnished to the
employee, the Union representative, or the employee's attorney, upon request, within
forty-eight (48) hours of the close of the Conference. The employee may also record
the Conference.
Any imposition of discipline shall be accomplished in such a manner that will not
embarrass the employee before other employees or the public.
Section 10.5 Copy of Discipline Record. Whenever a disciplinary action is taken
which results in a disciplinary action of record, (Section 10.2), the employee shall be
given a copy of such record.
Section 10.6 Appeal. The Union may elect to appeal the disposition made by the City
Manager or the City Manager's designee directly to arbitration as provided in Section
8.5 D. of this Contract. In the event the Union wishes to appeal such decision to
arbitration, written notice of the intent to file such an appeal under the Arbitration
procedure must be received by the City Manager or the City Manager's designee within
fourteen (14) calendar days of the City Manager's, or the City Manager's designee's,
written determination.
ARTICLE 11
PERSONNEL RECORDS
Section 11.1 Personnel File. One (1) official personnel file shall be maintained for
each employee and shall be in the custody of the Division of Human Resources. The
personnel file shall contain all the official records of the City regarding an individual
employee with the exception of medical records which shall be maintained in a separate
file pursuant to applicable Federal and State Law and which shall be considered
confidential. Where past disciplinary actions or allegations of misconduct are relevant to
considerations of future disciplinary action or promotion, only those disciplinary actions
of record contained in the personnel file shall be considered. An employee may review
the employee's own personnel file at reasonable times in the presence of the Director of
Human Resources, or the Director of Human Resources' designee, upon written request
to the Director of Human Resources or the Director of Human Resources' designee.
During the term of this Contract, each employee may obtain one (1) copy of the
employee's own entire personnel file at no cost. This copy shall be provided upon
request from the employee and within a reasonable period of time. All other copies of
documents shall be made available to the employee at a reasonable charge. Anytime a
document is placed in the employee's personnel file, the employee shall be forwarded a
copy of such document, with the exception of selection records and materials created
prior to the employee's date of appointment (e.g. background investigations, polygraph
examination, reference checks, criminal record checks, interview appraisal forms and
evaluation profiles, etc.); such selection records /materials shall be made available for
inspection of the employee upon request to the Director of Human Resources or the
Director of Human Resources' designee. The confidentiality of matters contained in the
personnel files shall be the responsibility of the Director of Human Resources or the
Director of Human Resources' designee who shall release only such information
required by law and then only to those persons with a legitimate right to the
information, subject to the provisions of the Ohio Privacy Act, Ohio Public Records Act,
or other applicable Federal or State Law. In the event a legitimate request is made to
inspect or obtain copies of records from an employee's personnel file, the City will make
a reasonable attempt to notify the employee that such a request has been made.
Section 11.2 Retention of Records. All actions of record, including appointment,
evaluations, promotions, reprimands, dismissals, suspensions, will be maintained in
each employee's personnel file throughout the employee's period of employment.
Record of documented oral reprimands will not be considered for purposes of future
disciplinary action more than six (6) months after issuance provided that no repeated
offense(s) of a same or similar nature have occurred within said six (6) month period
following issuance. Record of written reprimands will not be considered for purposes of
future disciplinary action more than twelve (12) months after issuance provided that no
repeat offense(s) of a same or similar nature have occurred within said twelve (12)
month period following issuance. Suspensions of less than thirty (30) days will not be
considered for purposes of future disciplinary action more than three (3) years after
issuance provided that no repeated offense(s) of a same or similar nature have
occurred within said three (3) year period following issuance.
In the event that a repeated offense(s) of a same or similar nature occurs during the
appropriate time limit(s), the initial disciplinary action shall be considered for the
duration of the time period for which the most recent documented disciplinary action
will remain in effect, pursuant to this Article.
Section 11.3 Inaccurate Documents. If, upon examining the employee's own
personnel file, an employee has reason to believe that there are inaccuracies in
documents contained therein, the employee may write a memorandum to the Director
of Human Resources explaining the alleged inaccuracy. If the Director of Human
Resources concurs with the employee's contentions, the Director of Human Resources
shall either correct or remove the faulty document or attach the employee's
memorandum to the document and note thereon his concurrence with the
memorandum. The Director of Human Resources may also attach the memorandum to
the document and note any disagreement with memorandum's contents.
ARTICLE 12
WORK RULES
Section 12.1 Work Rules. The Employer agrees that, to the extent possible, work
rules shall be reduced to writing and provided to all employees in advance of their
enforcement. Any allegation by an employee that a work rule or
Departmental /Divisional directive is in violation of this Contract, or has not been applied
or interpreted uniformly to all employees, shall be a proper subject for a grievance.
ARTICLE 13
POLITICAL ACTIVITY
Section 13.1 Political Activity. In addition to other rights, as permissible by law:
A. An employee is permitted outside the City to actively participate in partisan
political activity, provided that an employee undertakes such activity while off-
duty, not in identifiable uniform, and does not represent that such activity is
either undertaken in the employee's official capacity as an employee of the
Employer or is sanctioned by the Employer.
B. An employee is permitted within the City to exercise the employee's rights as a
citizen to express the employee's personal opinions and to cast the employee's
vote. However, an employee shall not:
1. orally or in writing solicit or in any manner be concerned with soliciting
any assessment, subscription or contribution of any type for any political
parry or political purpose whatsoever from any person holding a position
in the service of the Employer;
2. make any contribution to the campaign funds of any candidate for a City
elective office for the actual or apparent purpose of influencing said
persons or receiving favors of any nature from said persons; and,
3. become actively involved in the elective process or campaigns for any City
elective office.
ARTICLE 14
SENIORITY
Section 14.1 Seniority. For purposes of this Contract, "Seniority" shall be defined as
total continuous service when hired as a full -time employee within the Communications
Center. Seniority shall begin to accumulate on the date an individual becomes employed
in a full -time position within the Communications Center; however, should more than
one (1) individual be hired on the same day, seniority preference will be determined by
the individual's relative ranking on the Final Eligibility List. An individual with a higher
ranking shall always receive seniority preference over an individual with a lower
ranking. Methods for determining seniority prior to the effective date of this contract
shall not be affected. Continuous service shall reflect the uninterrupted service of an
employee as calculated by years /days of service. Continuous service shall be
interrupted only when a "break in service" occurs.
A "break in service" shall occur in the following instances:
A. Removal /Dismissal
B. Failure to return from an authorized leave of absence
C. Resignation /Separation from a position within the Communications Center.
An employee who has a "break in service" and who is subsequently rehired or
reinstated, shall not receive continuous service credit and will be placed at the bottom
of the seniority list.
The following shall not constitute a break in service:
A. If an employee is reinstated due to the disaffirmance of removal or layoff;
B. When an employee leaves the employee's position as a Communications
Technician for a promotion or lateral move within the Communications Center.
Section 14.2 Application of Seniority - Vacation Leave. When vacation leaves are
to be scheduled on an annual basis, and where in these instances there are two (2) or
more employees requesting vacation leave for the same period of time, the employee
with the greater seniority shall be granted the request, if the request is granted at all.
Section 14.3 Application of Seniority - Shift Assianments. Assignments to shift
and shift slots shall be posted for fifteen (15) days and shall be made by means of
seniority unless the Chief determines that the effective operation of the Division dictates
that seniority not be the determining factor for shift assignments and shift slots.
Employees shall be given at least fifteen (15) days notice of a change in shift
assignments or shift slots. Employees who are serving in their original appointment
probationary period shall not have an opportunity to compete for a new shift, unless
their probationary period is completed prior to January 5 th of the following year.
By November 1 st of each year, the Division shall post a shift schedule for the upcoming
year. The Communications Supervisor shall present the proposed schedule to the most
senior Communications Technician. That individual shall have twenty-four (24) hours to
decide which position on the proposed schedule they desire. Once the most senior
Communications Technician makes a shift selection, the most senior Communications
Technician shall communicate such selection to the Communications Supervisor via e-
mail. The Communications Supervisor will log the selection on the master schedule and
pass the schedule along to the next most senior Communications Technician for shift
selection. This procedure will continue until each Communications Technician has made
a bid for a shift. The new shift assignments will go into effect January 5th of the
upcoming year.
Section 14.4 No Posting Response. In instances where shift assignments, as set
forth in Section 14.3 are posted and no employees respond to the posting, the Chief
reserves the discretion to make such assignments based upon the needs of the Division.
ARTICLE 15
Section 15.1 Employee Assistance. The Employer and the members of the
bargaining unit recognize that a wide range of personal difficulties /problems in the lives
of employees may affect work performance and that most personal difficulties /problems
can be successfully resolved provided they are identified and referred to an appropriate
source of assistance.
The Employee Assistance Program (EAP) is provided by the Employer to assist
employees and their families in dealing with a wide range of personal
difficulties /problems. This range of personal difficulties /problems may include mental,
emotional, financial, family, marital, employment - related stress, drug abuse, alcoholism,
legal, elder- care /aging, spiritual, career, illness /disability, or other such
difficulties /problems.
The purpose of the EAP shall be to help employees and their immediate family
members deal with the kinds of difficulties and problems identified above by linking
them with resources that can: provide appropriate help; reduce job performance
problems; retain valued employees.
When an employee or someone in the employee's immediate family is experiencing a
problem, whether or not such problem affects the employee's job performance, the
employee and /or immediate family members are strongly encouraged to seek
assistance through the EAP.
Section 15.2 Coverage Terms & Conditions. Under the coverage terms of the
EAP, employees and /or their immediate family members shall each be entitled to
unlimited assessment and referral and a maximum of six 6 thFee -(3) sessions per
problem, at no cost to the employee or family member, for problems amenable to
short -term counseling intervention. Employees and /or family members are encouraged
to access available benefits, as provided by the City medical benefits program, for
counseling /treatment beyond the six 6 twee -F3) session limit. Effeetiive liIjI3 the
Section 15.3 Other EAP Terms & Conditions. The Employer and the members of
the bargaining unit agree that:
A. Participation in the EAP shall be strictly voluntary. However, employees and their
immediate family members who have problems they feel may affect their health,
well- being, and /or the employee's job performance, are encouraged to contact
the EAP.
B. Employees and their immediate family members shall receive an offer of
assistance to help resolve such problems in an effective and confidential manner.
All EAP issues shall be handled in a confidential manner by the EAP provider
consistent with federal and state law. No information concerning the nature of
individual personal problems will be released without proper written consent
from the employee and /or immediate family member.
C. Nothing in this Article shall be interpreted as constituting a waiver of the
Employer's responsibility to maintain discipline or its right to take disciplinary
action in accordance with provisions of this Agreement. Normal disciplinary
procedures shall remain unaltered and use of the EAP shall not alter the
responsibility of employees to maintain an acceptable level of performance or
acceptable behavior /conduct.
D. EAP - related appointments scheduled during normal work hours shall be
scheduled within the framework of the Employer's existing leave policies.
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 an employee who is
experiencing personal or work - related distress.
G. The Employer shall reserve the right to contract, at its sole discretion, with the
company /organization of its choice that will, in its judgment, provide the most
cost effective, meaningful, and responsive service to the Employer and
employees.
ARTICLE 16
W "Will
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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 an employee who is
experiencing personal or work - related distress.
G. The Employer shall reserve the right to contract, at its sole discretion, with the
company /organization of its choice that will, in its judgment, provide the most
cost effective, meaningful, and responsive service to the Employer and
employees.
ARTICLE 16
Section 16.1 Purpose. The Employer and the bargaining unit recognize that the
ability of an employee to properly perform the employee's duties depends, in part, on a
workplace which is free of substances abuse. In an effort to maintain a safe and
healthy work environment, to promote public safety, to uphold the public confidence in
the work performed by City employees, to provide employees who may be drug or
alcohol dependent with an opportunity for treatment and for remaining productive
employees of the Division of Police, and in recognition that substance abuse is a
problem which, depending on individual circumstances, may require intervention,
rehabilitation, or discipline, it is the purpose of this Article to provide a method for
responding to the risks presented by the presence of substance abuse in the workplace
by:
A. Requiring employees to submit to drug /alcohol testing when the City has
reasonable suspicion to believe that an employee is under the influence of
drugs or alcohol while on City premises or on City business, or when an
employee is involved in a work - related accident or safety violation resulting in
any of the following:
1. Bodily injury (other than minor abrasions /contusions) requiring off -site
medical attention;
2. Employee receives a traffic citation for a moving violation in connection
with a vehicular accident;
3. Vehicular damage in apparent excess of $1,000;
4. Non - vehicular property damage in apparent excess of $500;
S. Any vehicular accident involving fatalities.
B. Dealing with incidents of substance abuse which present a reasonable
likelihood of risk to employees, the general public, or other employees of the
Employer;
C. Providing assistance to an employee with drug or alcohol dependency
problems; and
D. Disciplining an employee whose work performance is adversely affected by
substance abuse.
Section 16.2 Responsibility. Although it is the responsibility of every employee to
be alert to potential incidents of substance abuse in the workplace, it is the primary
responsibility of supervisors to initially respond to such incidents, particularly where
circumstances are present which pose a reasonable likelihood of risk to the public
safety. Supervisors shall take such action, not inconsistent with this Article, as they
deem appropriate to eliminate the likelihood of risks associated with any incident of
potential substance abuse.
Section 16.3 Definitions. The following definitions shall govern this Article:
A. "Under the influence" means that the employee is impaired in the
performance of the employee's duties by any illegal drug or alcohol, or the
combination of any illegal drug and alcohol.
B. "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.
C. "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.
D. "Reasonable suspicion" is an articulated belief that an employee is using
illegal drugs or misusing alcohol such that the employee's work performance
is impaired by the presence of alcohol or illegal drugs. This articulated belief
must be drawn from specific and particularized objective behavior and
conduct exhibited by the employee, and reasonable inferences therefrom.
Reasonable suspicion may be based upon an employee's slurred speech,
odor, disorientation, abnormal appearance, conduct or behavior, or other
observable cause.
Section 16.4 Prohibited Conduct. For purposes of this Article, no employee shall,
while performing the employee's duties for the Employer, while in the Employer's
facilities or vehicles, while in uniform, during their on -duty meal period, or while off -
duty in public when wearing any City- issued apparel which clearly identifies them as
employees of the City:
A. be under the influence of alcohol; or
B. use or be under the influence of any illegal drug or while using any legal drug be
impaired to the point that the employee cannot satisfactorily perform the
employee's assigned duties; or
C. unlawfully use, sell, purchase, transfer or possess an illegal drug.
Section 16.5 Inspections. Bargaining unit employees hereby understand that any
building, facility, structure, property, etc., or the contents there of (i.e. employee
lockers, offices, desks, etc.), owned or leased by the City shall be subject to
unannounced inspection at any time by appropriate supervisory personnel and City
officials.
Section 16.6 Reasonable Suspicion Testing. An employee shall be tested for
alcohol or illegal drug usage when there is a reasonable suspicion that the employee is
under the influence of illegal drugs or alcohol, or an employee is involved in a work -
related accident or safety violation resulting in the incidents described in Section 16.1.
Section 16.7 Testing Determination. Upon determining that an employee must
submit to testing (whether urinalysis for drugs or breath for alcohol) because of
reasonable suspicion or a work - related accident or safety violation, the supervisor shall
give the employee a reasonable opportunity, prior to the test, to request the presence
of or to seek the advice from a Union representative.
The employee and the Union representative, if available, shall be given an opportunity
to communicate any information or other explanation relevant to the circumstances to
the supervisor. The supervisor shall then determine, after considering all of the
circumstances, whether the test shall be administered. If the supervisor determines
that a test shall be given, testing shall take place immediately after discussion with the
employee and the Union representative, if available, but in no case longer than one
hundred and twenty (120) minutes after the reasonable suspicion or the work - related
accident or safety violation determination has been made.
Should a Union representative not be readily available and the supervisor believes time
is critical in determining whether or not the employee is impaired, the supervisor may
direct the employee to submit to testing immediately. The Union representative, if
available, may accompany the employee to and be present with the employee at the
collection/testing site.
Section 16.8 Urine Samples. The collection and processing of urine samples shall, in
the case of drug testing, comply in all material and applicable respects to the
procedures set forth in the most recent revision of "DHHS: Mandatory Guidelines for
Federal Workplace Drug Testing Program" initially published on April 11, 1988 in 53
Federal Register 11970. The Employer shall contract with a certified laboratory for the
collection, processing and testing of urine samples.
Where the employee provides a sufficient urine sample at the time of the original
sample collection, this sample shall be split and placed in two (2) separate containers at
the collection site. In the presence of the employee at the testing site, and without
ever leaving the employee's sight, each urine sample taken shall be placed in two sterile
screw - capped, self - sealed, tamper- resistant urine collection containers which shall each
be sealed and labeled and then initialed by the employee.
The collection of urine samples shall allow individual privacy unless there is reason to
believe that the employee being tested may alter or substitute the specimen to be
provided. Should it be determined by qualified personnel at the collection site that the
employee has adulterated, diluted, tampered in any way with the employee's specimen,
substituted another individual's specimen for the employee's own, or has otherwise
obstructed the collection /testing process by refusing to provide a valid specimen, such
shall be considered as a "refusal to submit to testing" and the employee shall be subject
to appropriate disciplinary action. The sample within the first container shall be sent,
by the most expedient means available, to the testing laboratory as soon as practicable
on the day of the test. The sample within the second container shall also be sent, by
the most expedient means available, to the testing laboratory where it shall also be
stored in accordance with all applicable Federal guidelines and regulations.
Section 16.9 Drug Testing Procedure. The laboratory shall commence testing of
the sample within the first container only if the sample is received in an undamaged
condition, properly sealed and labeled, and properly initialed by the employee. The
certified laboratory shall first conduct an initial screening of this sample. If illegal drugs
are found in the sample, then that sample shall be submitted for confirmatory testing.
The initial screening shall be accomplished by means of Thin Layer Chromatography
(TLC) or equally reliable testing methods, and the confirmatory test shall be
accomplished by means of Gas Chromatography /Mass Spectrometry (GS /MS).
If as a result of the initial screening and confirmatory test, the test result is positive, the
employee will be contacted directly by the Medical Review Officer (M.R.O.) at the
testing company /lab and will be given the opportunity to explain the reasons for a
positive test result. Should the employee offer an explanation that in the judgement of
the M.R.O. sufficiently explains the positive test result, the M.R.O. will consider the
results as negative and the Employer will not be contacted.
Should masking agents be found in the sample on the initial test, such shall be treated
as a refusal to submit to testing and any option to pursue testing of the specimen in the
second container shall be forfeited. The Employer shall be notified of such refusal to
submit to testing. This refusal to submit to testing shall then subject the employee to
appropriate disciplinary action.
Section 16.10 Drua Test Results. If the test results are positive and the employee
has not offered an explanation to the M.R.O. sufficient to cause the M.R.O. to consider
the results negative, the Director of Human Resources, or the Director's designee, shall
be notified and the Director, or his designee, shall in turn contact the employee. The
employee must then decide whether or not the employee wants the sample within the
second container stored at the initial collection site to be tested. If the employee so
requests, then the sample within the second container shall be tested by the Employer
using a second certified laboratory, subject to the testing procedure set forth in Section
16.9 of this Article.
If the employee does not request the testing of the sample within the second container
after the sample within the first container tests positive or if the employee requests the
testing of the sample within the second container and it is also tests positive for an
illegal drug, rehabilitative or disciplinary action shall be taken.
Should the results be a "dilute negative ", the employee shall be required to repeat the
testing procedure within 24 hours; the result of the second test shall then become the
test of record. Should the candidate decline to repeat the testing procedure because of
a "dilute negative" result on the first test, such shall constitute a "refusal to submit to
testing ", which shall result in appropriate disciplinary action. Should the results of the
second test be "dilute negative ", the candidate shall be deemed to have successfully
completed the testing process. Should a "dilute positive" result be received by the City
on the first or second test, such shall be considered as a "verified positive test ", which
shall result in appropriate disciplinary action.
Section 16.11 Alcohol Testing. Alcohol Testing shall be accomplished by means of
Breath Testing which shall be administered by a Breath Alcohol Technician (BAT). The
Employer shall contract with a provider to perform such breath testing and only
Evidential Breath Testing (EBT) devices certified by the Federal Government shall be
used in the administration of such testing.
Section 16.12 Alcohol Testina Procedure and Results. The Breath Alcohol
Technician (BAT) shall administer an initial breath test via the Evidential Breath Testing
(EBT) device. If the initial test results in a reading of less than 0.02, the test shall be
recorded as "negative ". If the initial test results in a reading of 0.02 or greater, a
confirmatory test shall be administered. Prior to the administration of a confirmatory
test, there shall be a 20 -30 minute waiting period to ensure that the presence of mouth
alcohol from the recent use of food, tobacco, or hygiene products does not artificially
raise the test result.
Should the confirmatory test result be different from the initial test result, the
confirmatory test result shall be deemed the final result, upon which any
disciplinary/corrective action shall be based. A test result of 0.02 or greater on the
confirmatory test shall subject the employee to appropriate disciplinary/corrective
action.
Section 16.13 Discipline/ Rehabilitation. A positive test result for alcohol or illegal
drug usage may, depending on individual circumstances, result either in discipline
and /or referral to the Employee Assistance Program (EAP), as set forth in Article 15, for
rehabilitation purposes. Likewise, any refusal to submit to testing may, depending on
the individual circumstances, result in either discipline and /or referral to the Employee
Assistance Program (EAP).
In addition, any employee who voluntarily seeks assistance with a drug or alcohol
dependency problem shall not be required to, but may, submit to a test and shall be
initially referred to the EAP, without any disciplinary action being taken and without any
requirement for follow -up random testing.
A positive test result for alcohol or illegal drug usage may result in appropriate discipline
to an employee.
Any discipline to be imposed shall be for just cause and shall take into account all facts
and circumstances, including the need for testing, the employee's desire for and
progress in rehabilitation, and the employee's past work performance.
Any action taken pursuant to this Article including any positive test results, shall not be
used as evidence or otherwise in any criminal proceeding against the employee.
If an employee accepts a referral to the EAP for assessment as the result of a positive
drug or alcohol test as a result of being required to submit to a test or as a result of a
refusal to submit to testing, the employee must comply with any recommendation made
by the EAP Drug and Alcohol Counselor resulting from the assessment, as a condition of
continued employment.
The employee shall further be subject to follow -up random drug or alcohol testing for a
period of up to one (1) year from the date of completion of the rehabilitation program.
Failure to comply with any of the conditions associated with the recommendation of the
EAP Drug and Alcohol Counselor, the conditions associated with the rehabilitation
program, and random testing as specified above, may result in discipline of the
employee.
Bargaining unit members shall be subject to appropriate disciplinary action for engaging
in off -duty, illegal conduct /behavior unbecoming a City employee emanating from the
use of illegal drugs or alcohol which detracts from the image or reputation of the City as
an organization or which erodes the public confidence in the City as an organization
(e.g. disorderly conduct, assault, fighting, criminal menacing, disturbing the peace,
OMVI, etc., or other criminal acts).
ARTICLE 17
CONTRACT COPIES
Section 17.1 Contract Copies. As soon as is possible following the signing of this
Contract, the Employer and the Union shall have printed sufficient copies of this
Contract. The actual cost of printing this Contract, and any future printing beyond the
copies specified herein in an amount the parties may later agree as necessary, shall be
shared equally by the parties. The Union shall be responsible for distribution of copies
to current members and the Employer shall be responsible for distribution of copies to
new members who are hired during the term of this Contract.
ARTICLE 18
(RESERVED)
ARTICLE 19
Section 19.1 Reimbursable Business Expenses. Whenever authorized to engage
in or to undertake official business for the Employer, an employee shall be reimbursed
for reasonable and necessary expenses and travel. If practicable, the employee shall be
allowed the use of a City vehicle for travel. If not practicable, reimbursement for
authorized use of a personal automobile will be at the current rate established by
Internal Revenue Service (IRS). It is recognized that the Employer has the right to
promulgate reasonable regulations pertaining to reimbursement for expenses and
travel. Where overnight lodging is provided at the City's expense, an employee will only
be reimbursed for mileage to and from the training facility on one occasion each way
unless otherwise approved or directed by the Chief. All other travel is considered to be
non - work - related and non - reimbursable.
ARTICLE 20
LAYOFFS
Section 20.1 Layoffs. Whenever the City determines that a layoff is necessary, the
City shall notify the affected employees forty-five (45) calendar days in advance of the
projected layoff date. Employees shall be laid off at the time and in the number
specified by the City Manager in the inverse order of their seniority. All part -time,
temporary and /or seasonal employees shall be laid off first, then full -time probationary
employees, followed by full -time regular employees.
Section 20.2 Call -Back. When employees are laid off, their names shall be placed on
a Re- employment Eligibility List established by the Division of Human Resources. When
deemed appropriate by the City, those employees who have been laid off shall be
called back to work and reinstated to the job classification they held before layoff with
the same status and seniority as they had at the time of layoff, in inverse order of their
layoff, if they are available. Should vacancies occur during the time for which the Re-
Employment Eligibility List is valid, and should the City decide to fill such vacancies, said
vacancies shall be filled from this Re- Employment Eligibility List. Call -back notification
shall be sent to affected employees by certified mail with a copy sent to the Union.
Should an employee not be available within twenty-one (21) calendar days of call -back
notification, or if they decline an offer of re- employment, or if they do not respond to
the City within twenty-one (21) calendar days of call -back notification, their names shall
be removed from the Re- Employment Eligibility List. The Re- employment Eligibility List
shall be valid for two (2) years from the date of original creation unless said list is
exhausted prior to the completion of the two year time frame due to the re- employment
of all individuals on said list, the removal of all individuals' names from said list for
reasons of non - availability or declination of re- employment, or any combination thereof.
Call -back notification shall be provided to laid -off employees by certified mail addressed
to the last known mailing address of said laid -off employees. It shall be the
responsibility of the laid -off employees to keep the Division of Human Resources
advised of their current mailing address.
ARTICLE 21
RATES OF PAY /WAGES
Section 21.1 Waaes. Effective January 1, 201 -25 or upon execution of this
Agreement by a representative of both parties, whichever occurs later, through
December 31, 20145, the following wage structure shall be in place for employees
within the Communications Technician bargaining unit. Each step shall be increased by
2,5% as follows
Step 1 - $46,479.11 $47,641.40 Step 4 - $51,'2'_.°i- $55,680.88
Step 2 - $ $50,321.23 Step 5 - $5'�'.z6 $58,658.45
Step 3 - T5'�^ ° ^° '5 $53,001.06 Step 6 - T`^,' _.'^. $61,636.06
Effective January 1, 20136 through December 31, 20136, the following wage structure
shall be in place for employees in the Communications Technician bargaining unit_
Each step shall be increased by 2.5% as follows
Step 1 - $17,611.19 _ $48,832.44 Step 4 - $55,68Q.88-
Step 2 - $59,'�- 321.2' -.'_3 $51,579.26 Step 5 - $388;46- 124.91
Step 3 - $53,901.96 $54,326.09 Step 6 - $63,176.96
Effective January 1, 20137 through December 31, 20137, the following wage structure
shall be in place for employees in the Communications Technician bargaining unit_
Each step shall be increased by 2,25% as follows
Step 1 - Tg8,832 "_Aq $49,931.17 Step 4 - $57,972.4'_.`"- $58,357.04
Step 2 - $51,5 -� -T--`' '6 $52,739.79 Step 5 - $cn�� n3 $61,477.73
Step 3 - ° 5^.3'_5.09 $55,548.43 Step 6 - $63,� $63,176.97 $64,598.44
Section 21.2 Appointment and Advance Step Hirina. The City Manager, when
making appointments to the Communications Technician classification, shall be
authorized to recognize the overall qualifications of candidates in determining their
placement within the wage structure.
Section 21.3 Step Advancement. Following the employee's initial appointment to a
position within the Communications Technician classification, advancement to
successive steps within the wage structure shall occur annually on the employee's
anniversary date.
Section 21.4 Application of Pay Rates. The rates of pay set forth in Section 21.1
are based on full -time employment of forty (40) hours in a work week and two
thousand and eighty (2,080) hours in a work year. These rates shall be used to
calculate wages for hours in paid status for the appropriate step. "Paid Status" shall
include all hours in approved paid leave including vacation, injury, military (active duty),
personal, compensatory time, sick leave, etc.
Section 21.5 Instant Bonus Proaram. Eligibility to participate in this program and
the receipt of any bonus awarded through this program shall be governed by the terms
and conditions specified within Ordinance No. 38 -04. Any City Manager or Council
approved modifications to this program will also be applied to FOP /OLC members and
non - bargaining unit employees alike.
Section 21.6 Longevity Pay. All employees shall receive, in addition to the pay rates
established in Section 21.1, a longevity payment based upon completed years of service
with the City according to the following schedule.
Years of
Completed
Service
Amount
4 Years — 6 Years
$750.00
7 Years — 10 Years
$950.00
11 Years — 14 Years
$1,250.00
15 Years — 19 Years
$1,500.00
20 or More Years $1,700.00
Longevity pay shall be issued during the pay period in which the employee's anniversary
date of appointment falls. The employee will be paid in one (1) lump sum in the form of
a regular paycheck for that given pay period which will be taxed at the employee's W -4
rate.
Section 21.7 Shift Differential. Shift differential pay shall be provided as follows,
excluding hours in paid status while on approved leave and off -duty court -time hours:
For all employees FegulaFly assigned te fiFst shift and ffliEl wateh shik shift differential
shall be applied to any hours worked betWeeA the 19BUFS Of 5 pm and . durin
the hours covered by second and third shift only.
- - -- - ...._. T�7.,■ GT 7�. t, Sl.,:. r■ 7�7�T�T��i7 '_A7_'n'�H'�'�H_ :R- Y�7TSR,., 2,� ■- -
1 _- - -
Shift differential pay shall be applicable to actual hours worked. Shift differential shall
not be paid in addition to regular pay for any hours spent on approved paid leave, with
the exception of leave due to mandatory training, which shall qualify for shift
differential pay if the mandatory training is held on second or third shifts Mandatory
training is defined as classes /coursework where employee attendance is required by the
Division. Time spent in optional training programs shall not qualify for shift differential
pay. If authorized overtime occurs in conjunction with the regular workday, the shift
differential shall be paid for each hour of overtime worked as specified above. If shift
differential pay is applicable, and overtime occurs, the shift differential pay shall be
added to the base hourly rate prior to computing the overtime rate. Shift differential
pay will be paid on a bi- weekly basis and will not be cumulative under any
circumstance.
Effective upon execution of this Contract, the shift differential rate will be as follows:
2015 - $1.15 per hour
2016 - $1.20 per hour
2017 - $1.20 per hour
ARTICLE 22
HOURS OF WORK AND OVERTIME
Section 22.1 Workweek. The workweek normally consists of forty (40) hours based
on five (5) consecutive eight (8) hour work days followed by two (2) consecutive days
off.
Section 22.2 Overtime. Employees shall be compensated at straight -time rates for all
hours worked, as well as in paid status, except that all hours worked, or in paid status,
in excess of forty (40) hours in any workweek shall be compensated for at a rate of
time - and - one -half (1 -1/2). All overtime shall be authorized by the employee's
immediate supervisor. Failure of the employee to obtain supervisory approval for
overtime, prior to working the overtime, may result in disciplinary action. Except in
emergency situations, the Division shall post available overtime opportunities and shall
attempt to evenly distribute, as far as practicable, overtime to employees requesting
same.
Section 22.3 Seventh Consecutive Day of Work. When an employee is approved
by a supervisor to work on the seventh (7 consecutive day within the employee's
scheduled workweek, and the employee has actually worked at least thirty-two (32)
hours (including all overtime hours worked) in the five (5) previous days, plus a
minimum of three (3) hours on the sixth (6 consecutive day of work, that employee
shall be compensated at double time for all hours worked on the seventh (7th)
consecutive day.
Section 22.4 Overtime Rotation.
A. Beginning January 1 of each year, the City shall assign overtime opportunities to
an employee, in the order of their seniority, from most senior to least senior,
provided that sufficient opportunities exist. Upon completion of this seniority
offering, the City shall rotate overtime opportunities among full -time
Communications Technicians by assigning subsequent scheduled overtime
opportunities to the Communications Technician in order of combined overtime
totals from lowest to highest, toward this end, the City shall post and maintain
an overtime roster. This roster shall include a list of Communications
Technicians and an updated total of hours worked and hours refused by each
employee. All Communications Technicians on this overtime roster shall revert to
zero (0) as of the 1 of each year. Employees who are released from training
shall be given the average of all employee's totals for each column worked,
refused, and combined totals and shall be logged accordingly on the overtime
roster. Hours refused by a Communications Technician shall be credited in the
same manner as hours actually worked. Inability to contact a Communications
Technician shall not count as a refusal and the attempt to contact the
Communications Technician shall be noted on the log. Errors in the distribution
of overtime opportunities shall be corrected at the next opportunity for overtime.
B. Scheduled overtime opportunities are those known to the Employer seventy-two
(72) hours or more in advance. The Employer will post scheduled overtime
opportunities in advance by listing the opportunity on a sign -up sheet. Sign -up
sheets will be posted for a minimum of forty-eight (48) hours and shall indicate
the date and time the overtime opportunity will be assigned. Assignments shall
be made in accordance with the procedure outlined in paragraph A of this
section.
C. Incidental overtime opportunities, which result from last minute call -offs or other
unforeseen circumstances, shall first be offered to the full -time Communication
Technicians that are on duty, in order of combined overtime totals from lowest to
highest. Incidental overtime opportunities are those known to the Employer less
than seventy -two (72) hours in advance.
D. If the proper procedure above has been followed and sufficient staffing has not
been obtained to fill the overtime opportunity, then the City may fill the
remaining staffing requirement for the overtime by offering it to part -time
Communications personnel or mandating overtime in the following order:
1. Ordering in of the Communications Technician(s) on the adjacent
contiguous shift(s), in order of overtime hours worked from lowest to
highest, with a maximum of four (4) hours;
2. Ordering in of Communications Technician(s) on days off;
3. Ordering in of Communications Technician(s) on approved leave.
Mandatory overtime shall not be credited to the overtime roster referred to in
paragraph A above.
Section 22.5 Call In Pay /Court Pay. When an employee is called in or scheduled in
advance for work by an appropriate supervisor, and the employee reports for said work
more than thirty (30) minutes after the completion of the employee's shift, the
employee shall be paid or credited with a minimum of three (3) hours at the
appropriate over -time rate. This provision shall apply portal to portal to employees
called in while off -duty for court appearances. Employees, otherwise off duty, who are
required by the Court to be and remain available for work - related court sessions, shall
be compensated at the overtime rate for such time not to exceed two (2) hours in
duration. In order to be compensated for more than two (2) hours at the appropriate
overtime rate for said purpose, the employee must provide appropriate justification
from the Court that the employee was required to remain available for said time in
excess of two (2) hours.
Section 22.6 Compensatory Time. At the election of the employee, overtime may
be compensated with compensatory time off in accordance with the provisions of the
Fair Labor Standards Act. Such compensatory time off shall be equal to one and one -
half (1 -1/2) times or two (2) times, whichever may be applicable, for each one (1) hour
of overtime worked. The maximum number of accumulated compensatory hours
permitted in an employee's compensatory time bank, at any point in time, shall be twe
one hundred sixty (160). The one hundred sixty (160 ) hours in
employee's compensatory time bank can be used and refilled without limit each
calendar year. After an employee's maximum compensatory time bank has reached 160
hours, all additional overtime for such employee shall be paid at the appropriate
overtime rate. No employee shall carry over more than 120 hours into the next calendar
year• Durinca the month of December of each
year, the empleyee has 819e l9U19dFed 19 E199) 19BUFS Of EOmpensateFy tome 0 19 the
the employee shall be permitted to convert
compensatory time in said bank to cash HSA, deferred comp., or tuition reimbursement
Ip an. The calculation for converting Compensatory Time to cash shall be the employee's
established hourly rate of pay multiplied by the number of hours the employee desires
to convert. In the event the employee wishes to exercise this option, it shall be his
responsibility to forward a memorandum to the Department of Finance specifying the
number of hours the employee wishes to convert to -easy prior to the end of the #imrst
=:a period in December. The cash conversion will then be paid in the form of a
separate payroll check in the last pay period in December.
Section 22.7 Payment For Accrued Compensatory Time Upon Separation. An
employee who has accrued compensatory time shall, upon the termination of
employment for any reason, be paid for the unused compensatory time at the
employee's rate of pay at the time of separation. In the event of any employee's death,
such compensation shall be paid to the employee's surviving spouse or, secondarily, his
estate.
Section 22.8 Use of Compensatory Time. Any request to use compensatory time
in excess of eight (8) consecutive hours shall be submitted at least seventy-two (72)
hours in advance of its requested usage. The notice period may be waived in cases
where circumstances make compliance impracticable. Requests to use eight (8) or less
consecutive hours of Compensatory Time may be submitted with less than seventy-two
(72) hours' notice and may be approved, as scheduling and operational needs of the
Division permit such usage. Compensatory time may be requested in multiples of one -
quarter hours.
ARTICLE 23
RATES FOR EMPLOYEES FOLLOWING CERTAIN PERSONNEL ACTIONS
Section 23.1 Return to Duty. Any Communications Technician who voluntarily
resigns, may be reinstated as a full -time Communications Technician if there is a need
for the employee'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 top of the appropriate re- employment list for the remainder of the two (2) year
period.
Section 23.2 Return from Military Service. Pursuant to the Ohio Revised Code
Section 5923, any employee who leaves, or has left, the City service to enter the active
service of the Armed Forces of the United States, or any branch thereof, and who is
subsequently reinstated to employment with the City, shall be entitled to receive
compensation at the Step rate to which the employee would have been entitled had
service with the City not been interrupted by service in the Armed Services.
Section 23.3 Reinstatement from Authorized Leave. Time spent on authorized
leave shall be credited for purposes of step advancement and shall not constitute a
break in service.
ARTICLE 24
UNIFORMS, EQUIPMENT, PERSONAL PROPERTY AND REPLACEMENT
Section 24.1 Initial Issue. Effective January 1, 2012, all probationary
Communications Technicians will be required to wear business casual attire and all non -
probationary Communications Technicians shall be entitled to and are required to wear
the items listed below:
Item Description
Quantity
Short sleeve shirt
6
Long sleeve shirt
6
Pa nts
6
All season black uniform shoes
1 pair
Jacket or sweater
1
Fleece jacket
1
Black uniform belt
1
The above listed items shall meet the specification of the Chief of Police and shall be
provided by the City.
Although the Division will not provide a dress uniform, the Chief of Police will develop
specifications for such uniform and the employees may choose to purchase such
uniform.
Section 24.2 Change in Issuance. Should the required issuance of uniforms,
uniform parts, or equipment for the Communication Center be changed by the City, all
employees within the bargaining unit shall be provided the new uniforms, uniform
parts, or equipment at no cost to the employee.
Section 24.3 Uniform and Eauipment Replacement. Anytime an employee needs
any uniform or equipment item(s) replaced due to normal wear and tear, the employee
shall submit a request to the Communications Supervisor for the replacement thereof.
At the time the request is submitted, the employee must turn -in the item(s) in question
to the Communications Supervisor. The Communications Supervisor shall properly
evaluate the need for replacement and if a valid need indeed exists for the replacement
of such items, the Communications Supervisor shall forward such request and item(s) to
the individual within the Division with the assigned responsibility for approving the
replacement of such item(s). If such request is subsequently approved, the individual
responsible for uniform & equipment ordering shall process an order as expeditiously as
possible for the replacement of requested item(s).
Section 24.4 Dry Cleaning /Laundering. The Employer shall provide uniform
cleaning at no cost to the employee. In any week, an employee shall be entitled to
have laundered /cleaned up to ten (10) uniform items. The City shall designate a dry
cleaning service or services where uniforms are to be cleaned and the City shall have
the exclusive authority to contract for the provisions of such services.
Section 24.5 Damaged. Destroyed, Lost Personal Property. In general, personal
property of an employee, previously approved for City use, which is damaged or
destroyed in the line of duty shall be replaced by the City, via a reimbursement
procedure, up to a maximum value of one hundred and seventy-five dollars ($175.00)
on a per occurrence basis. Requests for replacement of damaged or destroyed
personal property must be submitted in writing to the Chief identifying the
circumstances under which the damage or destruction occurred and the type, brand
name, model, value, condition prior to damage /destruction, etc. of said property,
together with as much of the damaged /destroyed property as possible, under the
circumstances. If such request is subsequently approved, the employee shall be
reimbursed for the purchase of replacement personal property which, in all respects, is
substantially similar to that which was damaged /destroyed, up to the maximum value
identified above, provided that the employee submits a valid receipt identifying the
type, brand name, model, dollar amount, etc. of the property purchased as a
replacement. Specific exceptions to the above mentioned one hundred and seventy -
five dollars ($175.00) maximum reimbursement shall include eyewear, the maximum
reimbursement for which shall be the replacement value of the eyewear.
Personal property of an employee, previously approved for City use, which is lost in the
line of duty, may be replaced, via a reimbursement procedure, in full or partial value,
up to a maximum value of one hundred and seventy-five dollars ($175.00) per
occurrence, if it can be shown that reasonable precautions had been taken by the
employee to prevent such loss. Requests for replacement of lost personal property
must be submitted in writing to the Chief identifying the circumstances under which the
loss occurred and the type, brand name, model, value, condition prior to loss, etc. of
said property. If such request is subsequently approved, the employee shall be
reimbursed for the purchase of replacement personal property which, in all respects, is
substantially similar to that which was lost, up to the maximum value identified above,
provided that the employee submits a valid receipt identifying the type, brand name,
model, dollar amount, etc. of the property purchased as a replacement. Specific
exceptions to the above mentioned one hundred and seventy-five dollars ($175.00)
maximum reimbursement shall include eyewear, the maximum reimbursement for
which shall be the replacement value of the eyewear.
For purposes of this Section of the Contract, "personal property" shall not include
uniform parts or equipment identified under Section 24.1 ( "Initial Issue ") as those items
shall be replaced on an "as needed" basis by the City.
Section 24.6 Termination. Upon termination, employees shall return to the Division
all Division - issued uniforms and equipment in good condition, minus normal wear.
ARTICLE 25
VACATION LEAVE
Section 25.1 Vacation Year. The vacation year for employees shall end at midnight
on January 31st of each year, solely for purposes of vacation scheduling.
Section 25.2 Conditions for Accrual. Employees shall accrue vacation leave by pay
period at the annual rate set forth in Section 25.3, based upon years of continuous
active service. A new member having less than one year of prior public service 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 25.3.
EFnpleyees shall aeeFue vaeatien leave peF pay peFied at the annual Fate set feFt
`eT An employee shall not earn full vacation accrual in a given pay period
unless the employee is in full pay status (i.e. on duty or on approved leave with pay) in
the entire pay period. In the event an employee is not in full pay status during the
entire pay period, the employee shall accrue vacation on a pro -rated basis taking into
account the number of hours in full pay status during the pay period and the
employee's rate of accrual at that given time. The formula for pro- rating the employee's
accrual under such circumstances shall be the number of hours in full pay status
multiplied by the converted hourly accrual rate.
An employee who has prior public service with any state government, or any political
subdivision thereof, may receive credit for the employee's prior service with such entity
for the purpose of computing the amount of the employee's vacation leave with the
City, if the nature of said service is relevant to the nature of the employee's service with
the City.
. _ _
Accrued Vacation
Hours Per Year
0 Year - 1 Year
40 Hours
2 Years — 4 Years
108 Hours
5 Years - Wears
Will Offigm
10 Years — 15 Years
or
if
-6
4.96208 Hours
21 Years or more
23246 Hours
. _ _
Accrued Vacation
Hours Per Year
0 Year - 1 Year
40 Hours
2 Years — 4 Years
108 Hours
5 Years - Wears
Will Offigm
10 Years — 15 Years
3-3182 Hours
-6
4.96208 Hours
21 Years or more
23246 Hours
Section 25.3 Vacation Accrual Schedule. Each employee shall be entitled to
vacation leave based upon the following vacation accrual schedule:
Completed Years of
Public Service
Accrued Vacation
Hours Per Year
0 Year - 1 Year
40 Hours
2 Years — 4 Years
108 Hours
5 Years - Wears
142 Hours
10 Years — 15 Years
3-3182 Hours
16 Years — 20 Years
4.96208 Hours
21 Years or more
23246 Hours
Section 25.4 Vacation Carry -Over. An employee may carry-over from one payroll
calendar year to another a maximum of one hundred and sixty (160) hours of vacation
leave previously earned but not used. An employee may carry-over more than one
hundred and sixty (160) hours of vacation leave from one payroll calendar year to
another with the approval of the City Manager, which shall be at the City Manager's sole
discretion.
Section 25.5 Vacation Schedulina /Use. The Division shall attempt to honor all
vacation requests in the following manner with the understanding that all vacation
leaves shall be taken at such time or times at the discretion of and as approved by the
Chief of Police.
A. Annual Scheduling. At the conclusion of the shift bidding process, but no later
than November 20 the Division shall post a vacation schedule. Employees shall
submit written requests for vacation leave by no later than December 1s In
cases of conflict, seniority shall control as to granting of requests of vacation
leave. In the event an employee's request is disapproved, that employee shall
have twenty-four (24) hours to resubmit an alternate request for consideration.
During said twenty -four (24) hour period of time, vacation requests from other
employees with less seniority shall not be approved. In the event the employee
does not resubmit an alternate request within said twenty-four (24) hour time
period, vacation requests from other employees with less seniority may then be
approved.
B. Casual Schedulina. For other than annual scheduling, employees may request
occasional use of vacation leave on a first -come first served basis.
C. Incremental Usage. Vacation leave may be taken in multiples of one - quarter
(1/4) hour.
Vacation Leave shall not be used to artificially extend the separation date of an
employee's resignation from employment with the City. The effective date of an
employee's resignation from employment shall be the same as the employee's last day
worked.
Section 25.6 Rates of Pay for Vacation Hours. All vacation hours shall be paid at
the applicable straight time rates; however, an employee ordered to work while on
approved vacation leave shall be paid at the double time rate, with a minimum
guarantee of four (4) hours pay for each such call -in. Should an employee have time -
off approved in advance (vacation, personal, or comp time) and have to work, they
shall be entitled to double time for all hours actually worked which were previously
approved off.
Section 25.7 Payment for Accrued Vacation Leave Upon
Resignation /Separation or Death. Employees are encouraged to utilize the
vacation benefit for the purpose for which it is intended - e.g. rest, relaxation, travel,
etc. Therefore, payment for accrued vacation leave in lieu of actual use shall not be
approved, except when an employee resigns from employment with two weeks' notice,
is terminated by the City, dies, or is laid off. In such cases where payment for accrued
vacation leave is authorized in lieu of its actual use, the maximum amount of vacation
for which the employee may receive payment shall not exceed one hundred sixty (160)
hours. In the event of an employee's death, compensation for unused vacation leave
shall be paid to the employee's surviving spouse or, secondarily, his estate.
ARTICLE 26
I:10111197_vi-i
Section 26.1 Paid Holidays. The following are designated as paid holidays for
bargaining unit employees:
New Year's Day (January 1)
President's Day (Third Monday in February)
Memorial Day (Fourth Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Columbus Day (Second Monday in October)
Veteran's Day (November 11)
Thanksgiving Day (Fourth Thursday in November)
Christmas Day (December 25)
Section 26.2 Special 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. The holidays identified above may be recognized by the City on different
dates than those noted above (for employees not in this bargaining unit). Should this
occur, these days shall not be considered special holidays.
Section 26.3 Holiday Work. Each holiday which is observed on an employee's
regularly scheduled workday shall be worked by the employee unless the employee is
excused from work. However, the Division may schedule the work force as necessary to
provide adequate coverage to the City.
Employees may request to be scheduled off on a particular holiday by timely request to
the Chief of Police. Such request may be granted provided that the request would not
affect the normal operations of the Division or the normal level of service to the
community. Conflicts involving multiple requests shall be resolved on a first- come - first-
served basis.
Section 26.4 Holiday Pay.
A. If a holiday falls on an employee's regularly scheduled day off and the employee
is not required to work the holiday, or if the employee is excused from work, the
employee shall receive eight (8) hours of compensatory time at the straight time
rate, provided that the employee was not absent without authorized leave on
either the workday before or after the holiday. An employee on sick leave the
workday before or after the holiday may be required to present a doctor's
certificate in order to receive credit for eight (8) hours of compensatory time.
B. When an employee works a holiday on the employee's regularly scheduled
workday, the employee shall be entitled to:
1. Straight time pay for all hours worked if eight (8) hours or less are
worked, and the double -time for any hours worked in excess of eight (8)
hours;
2. At the employee's option, eight (8) hours' pay or eight (8) hours'
compensatory time at the straight time rate;
3. One half ( hour of compensatory time at the straight time rate for each
hour worked.
C. When an employee works a holiday on the employee's regularly scheduled day
off the employee shall be entitled to:
1. Double time pay for all hours worked;
2. At the employee's option, eight (8) hours' pay or eight (8) hours'
compensatory time at the straight time rate;
3. One -half (1/2) hour compensatory time at the regular rate of pay for each
hour worked in excess of eight (8) hours.
ARTICLE 27
PERSONAL LEAVE
Section 27.1 Allocation & Usaae of Leave. Effective the first pay period of January
of each year, each employee, who is in full pay status at such time, shall receive 40
hours (5 days) of personal leave. However, new employees 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
3anuary 1 through March 31
40 Hours 5 days
April 1 through June 30
32 Hours 4 days
3uly 1 through September 10
20 Hours 2.5 days
October 1 through November 30
8 Hours 1 da
December 1 or Later
None
In the event an employee is not in full pay status at the time personal leave is normally
allocated to each employee, yet returns to full pay status at some point thereafter, the
amount of that employee's personal leave allocation shall be pro- rated. For every pay
period the employee has been in less than full pay status, 1.55 hours of personal leave
shall be deducted from the normal forty (40) hour annual allocation.
Eight (8) hours (1 day) of personal leave may be used, on one occasion annually, at the
employee's discretion, provided that the employee gives at least two (2) hours of call -
off notice prior to the start of the employee's shift. Only one (1) employee may be
approved for personal leave usage in this manner provided there is at least twenty-four
(24) hours between the end of one such personal leave and the commencement of
another. Personal 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 notice and prior approval of the employee'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 an
employee's resignation from employment with the City. The effective date of the
employee's resignation from employment shall be the same as the employee's last day
worked.
Section 27.2 Pavment for Unused Personal Leave Uoon Lavoff or Death. In the
event that an employee is laid off from City service, said employee shall be
compensated for all unused personal leave at the rate of pay in effect at the time of
lay -off. In the event of the employee's death, such compensation shall be paid to the
employee's spouse, or secondarily, the employee's estate. For any other form of
separation, no compensation will be provided to the employee for unused personal
leave.
ARTICLE 28
INSURANCE
Section 28.1 Medical, Dental, & Vision Benefits. The City shall make available
group medical, prescription drug, dental, and vision benefits to all employees and
dependents who meet the eligibility requirements of the plan. The plan design of this
program shall e substantially the same similar as that in effect on DeeeffibeF 31, 29-14
3anuary 1, 2014 through December 31, 201-24 as shown in sections A — E as follows:
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For purposes of this article "participant" and /or "enrollee" is defined as any employee
and /or spouse /domestic partner who elects the City's comprehensive medical plan and
who has enrolled in the HBC Plus program.
Consumer Driven Health Plan /Health Savings Accounts
The City will provide health insurance coverage to Employees through a high deductible
health plan with a health savings account (HSA or a High Reimbursement Account
IHRAI for those employees ineliaible for an H.S.A. based on either Medicare or TriCare
enrollment. Annual deductibles shall be $2,500 for single coverage in network and
$5,000 for family coverage in network for both medical and pharmacy coverage with
the following exceptions listed in this article and the corresponding Attachment A.
Details of the HSA are included in Attachment A and incorporated into this Article by
reference.
MIMI
For purposes of this article "participant" and /or "enrollee" is defined as any employee
and /or spouse /domestic partner who elects the City's comprehensive medical plan and
who has enrolled in the HBC Plus program.
Consumer Driven Health Plan /Health Savings Accounts
The City will provide health insurance coverage to Employees through a high deductible
health plan with a health savings account (HSA or a High Reimbursement Account
IHRAI for those employees ineliaible for an H.S.A. based on either Medicare or TriCare
enrollment. Annual deductibles shall be $2,500 for single coverage in network and
$5,000 for family coverage in network for both medical and pharmacy coverage with
the following exceptions listed in this article and the corresponding Attachment A.
Details of the HSA are included in Attachment A and incorporated into this Article by
reference.
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In addition, the City will make annual contributions to each participating employee's
health savings account based on the coverage level (single or family) and participation
in the City's wellness program, Healthy by Choice (HBC) Plus.
For the benefit plan year of October 1, 2014 through September 30, 2015 tT-1:�e benefit
plan provides participation -based and results -based wellness incentives to help offset
the employee deductible amounts under this plan design. Details of HBC Plus are
included in Attachment A of this Agreement.
The City's annual HSA contribution for each participating employee is:
Participation - Based
Single Coverage: $1,125
Family Coverage: $2,250
Results — Based
MISTS
MembeFs Enrollees who participate in Healthy by Choice Plus and receive the incentive
contribution for the non - tobacco use health factor will be required to sign a
confirmation form attesting that he or she th n,e — r;eR,ner has not used any tobacco
products during the prior ealendaF yeaF 12 months and will continue to be tobacco -free
for the plan year If the participant is unable to declare tobacco free status, he or she
will not be eligible for the tobacco health incentive unless an alternative standard is
reauested and completed as outlined in the open enrollment materials. T ~ , i
that the PllembeF u .. n ,n-. n tebannLl.iAg the that the i nne nti i n ethe paid the
Any 1 1 4effiHeF Employee who
falsifies a confirmation form regarding non - tobacco use may be subject to disciplinary
action.
Medical Plan
Preventive Care
In- Network
Out -of- Network
Plan Pas 100% / Member Pas 0%
Plan Pas 0% / Member Pas 100%
Covered items include, but are not
$5,000
necessarily limited to annual physical
Family
examinations, immunizations,
No covered items.
mammograms, pap smears, prostate
exams, colonoscopies and routine lab
work. Services will be covered as
recommended by a physician based on
preventive care guidelines as outlined in
the PPAC. (See Plan Document for
more information.
Medical Plan
Annual Deductible
In- Network
Out -of- Network
Individual
Individual
$2,500
$5,000
Family
Family
$5,000
$10,000
Both medical and pharmacy expenses will contribute towards the deductible. For
family coverage, the family deductible must be satisfied — either by the member
or by a covered family member or a combination thereof - before the plan pays
for any covered services for you and your dependents.
Medical Plan
Co- Insurance
In- Network
Out -of- Network
85 %/15%
60 %/40%
Medical Plan
Out -of- Pocket Maximum
In- Network
Out -of- Network
Individual
Individual
$4,000
$8,000
Family
Family
$ 8 , 000
$16
Medical Plan
Hospital In- Patient Stay
In- Network
Out -of- Network
85 %/15%
60 %/40%
Medical Plan
Emerge c Room
In- Network
Out -of- Network
85 %/15%
85 %/15%
Medical Plan
Mental Health /Drug & Alcohol Out - Patient
In- Network
Out -of- Network
85 %/15%
60 %/40%
Medical Plan
Mental Health/Drug & Alcohol In- Patient Sta
In- Network
Out -of- Network
85 %/15%
60 %/40%
Medical Plan
Prescription Drug Coverage
Tier 1 — Generic Drugs
15% per rx to max co -pay of 25
Tier 2 — Drugs on Formula
25% per rx to max co -pay of $100
Tier 3 — Non - Formulary Drugs Except
30% per rx to max co -pay of $200
Specialty Drugs
Specialty Drugs
25% per rx to max co -pay of 100
Mail Order
The above co- insurance applies to mail
order prescriptions; however, it is for a
90 -day supply vs. 30 -day supply.
Maximum co -pay is double the retail
max co -pay for each tier.
Stipulations
Specialty drugs available only through
the UHC specialty network at a 30 -day
supply.
Medical Plan
Feraae Additions
Acupuncture services shall be covered as an Out -of- Network benefit subject to
the Out- Network Deductible.
Nutritional counseling services shall be provided by In- Network providers subject
to the In- Network Deductible.
Flexible Spending Account
Members may choose annually, during the established open enrollment period,
to participate in a Dependent Care Flexible Spending Account to cover eligible
expenses as determined by the IRS.
Dependent Care Expenses
Maximum contribution of $5,000 per year per family, subject to applicable IRS
regulations.
Flexible Spending Account Limitations
• Member must use the money in their FSA prior to a pre- specified deadline.
• Money not used by the deadline reverts back to the City.
• The City will provide notice of any changes to the FSA limitations based upon
the applicable IRS regulations.
A. Tobacco Premium Equivalent Contribution
Beginning in 2016, there will be a premium surcharge of 15% of the premium
eauivalent based on the coveraae level of either sinale or family coveraae for tobacco
use. In the event that the participant uses tobacco, he or she may make a request for
an alternative standard during open enrollment. Successful completion of the
alternative standard will results in earning the health factor contribution and having the
2016 premium waived.
B. Dental Premium Eauivalent Contribution
The City
shall make available aroup dental and vision benefits to all employees
and dependents
who meet the eligibility of the
plan. The plan design
of this
program
shall be substantially similar as that in
effect on December 31,
2014
with the following exceptions, which shall become effective upon execution of
this Agreement.
1. The City will make dental /vision coveraae available at no charae if the
employee has elected medical insurance for the calendar year 2015.
For calendar years 2016 & 2017, a premium equivalent contribution will
be charaed for dental /vision coveraae. The premium eauivalent will be
waived if the particpants have had one preventive care dental screening
during the prior plan period.
2. Dental coveraae will be paid at 90% of the Usual and Customary Rate
(UCR) beginning in 2015.
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Consumer MaxMultiplier Design Feature
The Consumer MaxMultiDlier is a Droaram that allows all enrolled dental participants
(i.e.: spouse, domestic partners, children) the ability to increase their annual maximum
limitations. Each year, dental participants start out with an annual maximum of $1,750.
During the calendar year if the participant has at least one annual claim (preventive
visit or other) totaling $750 or less, the annual maximum will increase by $400 the
following calendar year. An additional $100 credit will be earned if the participant uses
an in- network dentist. The total potential annual credit would equal $500. This cycle will
repeat each year until the participant carries an annual maximum of $3,500.
Participants cannot withdraw these funds. Thev are tracked by United Health Care and
are utilized as needed for dental claims.
Original
Annual
Annual
Annual
Annual
Consumer
Total
Annual
Claim
Account
Network
Award +
MaxMultiplier
Annual
Maximum
Threshold
Award
Bonus
Bonus
Account
Maximum
Maximum
Limit
+ Account
limit
$1,750
$750
$400
$100
$500
$1,750
$3,500
Definitions
Oriainal Annual Maximum — Dental plan annual or plan -year maximum coverage level
without regard to the Consumer MaxMultiplier benefit.
Annual Claim Threshold — To earn a Consumer MaxMultiplier benefit, claims during
the plan year cannot exceed this amount.
Annual Account Award — This is the award amount earned when claims in the year are
greater than $0 and less than the Annual Claim Threshold.
Annual Network Bonus — This is the bonus amount earned only when network claims
occur during the plan year.
Annual Award + Bonus Maximum — This is the maximum an individual may earn for
his /her Consumer MaxMultiplier account during the plan year.
Consumer MaxMultiplier Account Limit — This is the maximum limit for an individual's
Consumer MaxMultiplier account. After reaching this limit, no additional funds are
placed in an award account, regardless of plan year claims.
Total Annual Maximum plus Consumer MaxMultiplier Account Limit — This is the
potential available dollar amount for an individual to use in any one benefit year if
he /she reaches the Consumer MaxMultiplier account limit. It is the combination of the
original annual benefit maximum plus the Consumer MaxMultiplier account.
Requirements
In addition to the City's requirement, the Consumer MaxMultiplier program
,,,e„beFs are requireEls participants to have one claim per year, this can include an
annual preventive a screenin .
Exclusions
This design feature is not applicable to Orthodontia coverage.
Patient Protection and Affordable Care Act (PPACA)
In light of the Patient Protection and Affordable Care Act of 2010 and anticipated
changes that may result from further rules as defined by the governing bodies, the City
will be legally required to adhere to changes that affect our benefit plan and could
affect the delivery of benefits to Employees. The chances will be implemented on a
timeline as reauired by law and shall not be neaotiated. When those situations arise.
the City will notify the Union of such changes prior to implementing the change.
Section 28.2 Liability Insurance. The City shall maintain Law Enforcement Liability
insurance coverage for all employees for the duration of this Contract. The City shall
pay the annual premium for such coverage. "Shall" as used in the context of liability
... .
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Patient Protection and Affordable Care Act (PPACA)
In light of the Patient Protection and Affordable Care Act of 2010 and anticipated
changes that may result from further rules as defined by the governing bodies, the City
will be legally required to adhere to changes that affect our benefit plan and could
affect the delivery of benefits to Employees. The chances will be implemented on a
timeline as reauired by law and shall not be neaotiated. When those situations arise.
the City will notify the Union of such changes prior to implementing the change.
Section 28.2 Liability Insurance. The City shall maintain Law Enforcement Liability
insurance coverage for all employees for the duration of this Contract. The City shall
pay the annual premium for such coverage. "Shall" as used in the context of liability
insurance, is based on availability of such coverage. Whether or not insurance
coverage is available, the employee shall be indemnified and held harmless by the City,
provided the employee acted within the scope of his assigned duties in the situation/
incident out of which a claim or lawsuit arises.
Section 28.3 Chanae in Carriers. If it becomes necessary to change carriers
(medical, dental, vision, and life insurance benefits only), and such change would affect
the benefits under the plans, the City agrees to meet with representatives of the Union
prior to implementing the change in order to negotiate the impact of any proposed
change.
Section 28.4 Life Insurance. Effective upon execution of this Contract, the City shall
provide group term life insurance coverage in an amount equal to 1.5 times each
employee's annual base compensation rate, with a minimum coverage level of $50,000
and a maximum overage level of $150,000. The full premium for this coverage shall be
paid by the City. For purposes of administrative efficiency, the annual base
compensation rate in effect on December 31s' of each year shall be used to calculate
the amount of life insurance the employee will have the following year (e.g. annual
base compensation level in effect on 12 -31 -2005 shall be used to calculate the life
insurance amount the employee will have during the 2006 calendar year). In
addition, the coverage reduction provisions within the existing life insurance policy in
effect as of 12 -31 -2002, which begins at age 65, shall remain in the life insurance policy
under the new Agreement. Coverage amounts shall be doubled if the employee is
killed in the line of duty.
Attachment A. Healthy by Choice Plus Benefit Plan including a Health Savings
Account /Health Reimbursement Account
For the benefit year October 1, 2014 throuah September 30, 2015
A. The City will provide health insurance coverage to Members through a high
deductible health plan and health savings account (HSA). Annual deductibles
shall be $2,500 for single coverage in network and $5,000 for family coverage in
network for both medical and pharmacy coverage.
The City will make annual contributions to each participating members' health
savings account based on the coverage level (single or family) and participation
in the City's Wellness program. The benefit plan provides participation -based and
results -based wellness incentives to help offset the employee deductible amounts
under this plan design. Each employee has the opportunity to earn results -based
wellness incentives in relation to four key health factors (blood pressure,
cholesterol, body mass index /waist circumference, non - tobacco use) in the form
of additional financial contributions to their Health Savings Accounts (HSA's).
Both the employee and spouse (if enrolled) must participate in the Wellness
Program in order to qualify for the annual contribution based on family coverage.
Members who have a spouse also employed by the City have two options: (1)
elect one family coverage plan through either the Member or Spouse's position,
or (2) or both elect single coverage. If either Member or spouse has dependent
children, they must elect the first option.
B. The City of Dublin health plan is committed to helping you achieve your best
health. Rewards for participating in the Healthy by Choice Plus wellness program
are available to participants covered by the health plan. If an employee or
enrolled spouse /domestic partner thinks they miaht be unable to meet a reward
under this wellness program in light of their health status, they might qualify for
an opportunity to earn the same reward by different means. They must contact
the City's wellness coordinator during the open enrollment period, and the City
will work with them (and, if they wish, with their doctor) to find a wellness
program with the same reward that is right for them in light of their health
status.
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B. The City of Dublin health plan is committed to helping you achieve your best
health. Rewards for participating in the Healthy by Choice Plus wellness program
are available to participants covered by the health plan. If an employee or
enrolled spouse /domestic partner thinks they miaht be unable to meet a reward
under this wellness program in light of their health status, they might qualify for
an opportunity to earn the same reward by different means. They must contact
the City's wellness coordinator during the open enrollment period, and the City
will work with them (and, if they wish, with their doctor) to find a wellness
program with the same reward that is right for them in light of their health
status.
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Participating employees, newly hired during the year shall have the opportunity
to participate in an Fe tes initial screening that will be offered during the year.
The amount of the contribution will be based on the sehedu'e lis`ed ••..a,._
abeve - hire date of the employee and the contribution schedule as defined by the
City Oe: January, May, or September) using the first available screening process
as the start of participation
{} C. Deposit of the City's contribution into a HSA for eaeh ealenda this benefit year
will be based on the following schedule:
Deposit Schedule:
Both the earned biometrics and participation incentives will be paid by the City in
one annual installment to be deposited during the month of January, effective
January 2015.
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Contribution for Results -Based Incentives: the open enrollment testing will be
deposited in January and F e testing alternative standard completion monies will
be deposited when earned based on the testing schedule ^•z of the
next available health screening process
{= D. Employee "Health Savings Account" Contribution — Participation in Wellness
Pro ram
If the participant enrolls in the City's
Wellness Initiative as described below, the City will make an annual contribution
described in Section 28.1. Enrollment in the City's Wellness Initiative (Healthy by Choice
Plus) is described below:
Medical Plan
Employee "Health Savings Account" Contribution
Wellness Initiative
An annual opportunity to voluntarily participate in the Healthy by Choice Plus program to
earn contributions towards a Health Savings Account (HSA) will be made in accordance
with the City's wellness initiatives as follows: an efflpleyee and enFelled speuse a
participant must designate participation on an annual basis during open enrollment.
An employee will receive a contribution towards a Health Savings Account if eRpleyee
the enrollee choose; to participate in the City's
Wellness Initiative and designate such during established open enrollment period
including:
Requirement(s):
Employee and enrolled spouse /domestic partner if applicable, take on -line Health Risk
Appraisal; screenings and submit documentation during established open enrollment
period; complete an annual preventive care eeeoeFsatien testin9 guidelines with
physician; and participate in an HBC educational seminar . Results
are not reviewed by City personnel.
F— Employee "Health Savings Account" Contribution — Result Based Wellness Incentive
If enrollees voluntarily participate
in the City's Results -Based Wellness Incentive as described below, the City will make an
annual contribution described on PaFagFaph B, above. The results -based incentives are
based on meeting four key health factors targets described below:
Health Factor
HBC Target
Controlled Blood Pressure
<140/90 **
(based on up to
three
separate readin s )*
Controlled
total
<= 200mg /dl or LDL < =130
cholesterol (based
on
finger stick blood draw)*
BMI or
waist
BMI <= 25 or if BMI >25, waist
measurement at
the
circumference of 35 inches
navel
female /40 inches male
Tobacco Use
Tobacco free for one year and at
time of screenin
* With or without medication to control ** May test two times during screening
appointment
A participant who elects to participate in the results -
based incentives must attend a screening exam to be held on -site or other location as
chosen by the City, in order to qualify for the incentive contributions for blood pressure,
cholesterol, BMI or waist circumference. Off -site screenings will not be accepted.
Participating employees and spouses will be asked to sign a confirmation form
regarding their non - tobacco use to qualify for the incentive in relation to being tobacco -
free.
If it is unreasonably difficult due to a medical condition for
� =::use participants to achieve a health factor under the Healthy by Choice Plus
program or if it medically unadvisable to do so, the City of Dublin will make available a
reasonable alternative standard to qualify for the requirement. In order to qualify for
the requirement, an employee or spouse must submit a statement from a physician
confirming that a medical condition makes it unreasonably difficult to meet the
requirements of the program.
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E. Beainnina October 1, 2015 and Beyond
The annual contributions from the City for single coverage will continue to be
$1,875 and for family coveraae will be $3,750. However, the allocation of funds
will be substantially different.
The HBC proaram will be evolvina to an outcomes measurement proaram which
will reauire employees and covered spouses /domestic partner to participate in
some combination of an engagement track such as a Preventive Management,
Disease Management, or Weight Management program after completing the
biometric measurements. Employees and enrolled spouses /domestic partners will
be reauired to complete all of the steps of the enaaaement track in order to
receive the entire deposit from the City of Dublin.
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E. Beainnina October 1, 2015 and Beyond
The annual contributions from the City for single coverage will continue to be
$1,875 and for family coveraae will be $3,750. However, the allocation of funds
will be substantially different.
The HBC proaram will be evolvina to an outcomes measurement proaram which
will reauire employees and covered spouses /domestic partner to participate in
some combination of an engagement track such as a Preventive Management,
Disease Management, or Weight Management program after completing the
biometric measurements. Employees and enrolled spouses /domestic partners will
be reauired to complete all of the steps of the enaaaement track in order to
receive the entire deposit from the City of Dublin.
The new Wellness program requirements will be outlined prior to open
enrollment each year and participants will have the opportunity to attend
sessions that highlight the new Wellness Plan changes and necessary steps for
successful completion.
Over the next 3 years, the participation funds will decrease significantly each
year and will be incorporated into the funds awarded for the outcomes
measurement proaram. Funds will be available to all participants who
successfully complete the requirements of the outcomes measurement program.
Deposit of the City's contribution into a HSA will be based on the following
schedule:
Contribution for Participation -Based Incentive (if applicable) and /or biometrics or
track -based incentives: Will be deposited January of 2016 and 2017.
ARTICLE 29
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Section 29.1 Sick Leave Accrual. All employees shall be entitled to sick leave with
pay at the rate of 4.614 hours per pay period. Sick leave with pay shall accrue without
limitation, with the exception that an employee shall earn the full sick leave accrual
each pay period only if the employee is in full pay status for the entire period. In the
event the employee is not in full pay status for the entire pay period, the employee
shall accrue sick leave at the rate of .0577 hours for each one (1) hour in full pay status
during the pay period. New employees shall be granted sick leave at the date of their
employment and "advanced" three (3) days of sick leave. However, no additional sick
leave will be allowed to accumulate until the end of the third month of employment.
Section 29.2 Use of Sick Leave. Sick leave with full straight -time pay shall be
granted for the following reasons:
A. Personal illness or disability of the employee;
B. Illness or physical incapacity of one or more of the employee's immediate family
members, requiring the employee's personal care and attendance. Immediate
family, for the purpose of this section, is defined as mother, father, spouse,
domestic partner son, daughter, step -son, step- daughter, legal guardian, or
someone who stands in place of a parent. Communications Technicians shall be
permitted to petition the City Manager for usage of sick leave for illness of family
members outside the definition of immediate family. The parties agree that the
City Manager shall evaluate such requests and may, on a case -by -case basis,
approve such requests, at the City Manager's or the City Manager's designee's
discretion.
C. Enforced quarantine of the employee in accordance with community health
regulations.
D. Necessary appointments with physicians and dentists.
E. Where injury leave has expired and the employee must be absent from work for
an additional period.
In order to qualify for sick leave payments, the employee must notify the employee's
supervisor no later than one (1) hour before the employee's normal starting time on the
first day of absence, unless the circumstances surrounding the absence make such
reporting impossible, in which case such report must be made as soon as possible. Sick
leave for doctor or dentist appointments must be requested forty-eight (48) hours in
advance, except in emergency situations.
Absence from work due to a non -duty incurred illness or injury will be compensated for
by use of sick leave.
In the event an employee requests sick leave for a period of longer than two (2)
consecutive days, or for the day immediately preceding or following a holiday, the
employee may be required by the Communications Supervisor to submit a doctor's
certificate verifying the illness and justifying the necessity of the absence. If the
Communications Supervisor determines that an employee's use of sick leave is not
justified, the Communications Supervisor shall have the authority to charge the absent
time to the employee's vacation, personal leave, or compensatory time balance or to
record the absent time as leave without pay.
The City Manager, assisted by all supervisory personnel, shall be responsible for
preventing abuses of sick leave. Sick leave shall not be considered leave time which an
employee may use at his discretion for personal business. The employer may require
medical proof of the necessity for said sick leave, in which event the involved employee
shall be required to produce a statement from a medical doctor certifying to the
necessity of such absence. In the event the employee fails to submit adequate proof of
the necessity for sick leave, such leave shall be considered unauthorized leave and shall
be without pay. If an employee is found to have abused this sick leave policy, the
employee shall be subject to disciplinary action, including possible suspension or
dismissal.
In the case of pregnancy, the pregnant employee will be permitted to continue working
as long as she is physically capable to do so with the approval of her physician and
supervisor. "Physically Capable" shall mean the ability to satisfactorily perform the
al essential job duties of the position to which the employee is assigned, as
determined by the City. If deemed necessary by the Communications Supervisor, the
employee must provide certification from a doctor of her choice that continued
employment will not be detrimental to the employee's health.
Vacation leave, personal leave, or compensatory time may be used to supplement sick
leave when the latter is exhausted in accordance with Family Medical Leave All sick
leave shall be requested by use of the established Leave Request FeFM rprocess.
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 (1/4) hour increments.
Section 29.3 Conversion of Sick Leave. An employee shall be entitled to the
conversion of the employee's sick leave as follows:
A. Upon Retirement
After at least ten (10) complete years (i.e. 120 months) of continuous service
with the City, an employee, who is laid off or who qualifies for retirement
benefits under the State of Ohio's "Public Employees Retirement System ", and
actually retires from City Service with a pension from said system, shall be
entitled to receive payment for accrued unused sick leave. The rate of pay for
such unused sick leave shall be at the employee's straight time hourly rate of pay
at separation multiplied by one -third (1/3) of the total number of accrued sick
leave hours. Total payment under this provision shall not exceed five hundred
forty (540) hours (67.5 paid days). In the event an employee dies while in the
employ of the City, except as provided in paragraph (D) of this section, and the
employee qualifies for the employee's respective retirement /pension fund, the
employee's surviving spouse, or secondarily, the employee's estate shall be paid
the aforementioned rate of redemption for accrued unused sick leave.
B. Upon Resignation
After twenty (20) years of non - continuous service with the City of Dublin City, an
employee who resigns from City service in good standing (employee's separation
must not be for just cause) and who has a minimum of one thousand two
hundred eighty (1,280) hours of sick leave in the employee's sick leave balance
at the time of resignation, shall be entitled to convert a portion of the employee's
unused sick leave balance. The conversion payment under this provision shall be
the employee's straight -time hourly rate of pay multiplied by one -third (1/3) of
the total number of unused sick leave hours, up to a maximum of five hundred
(500) hours.
C. Annual Conversion
Each year, an employee may convert a
portion of the employee's accrued but unused sick leave to a cash payment
subject to all of the following conditions:
1. The employee must have a sick leave balance of at least seven
hundred twenty (720) hours at the end of the first pay period in
December;
2. The employee must have thirty two (32) hours or less of sick leave
usage as of the end of the first pay period in December (FMLA
protected leave exempted);
3. The employee may convert no more than thirty two (32) hours of
sick leave to pay;
4. Sick leave shall be converted at the rate of two (2) hours of sick
leave to one (1) hour of pay at the straight time hourly rate of pay;
S. Once sick leave has been converted to pay, it shall not be
converted back to sick leave;
6. This payment shall be made to the employee by separate check
with the first pay of the following calendar year.
D. Killed in the Line of Dutv
If an employee is killed while performing the employee's authorized, assigned job
duties, the employee's surviving spouse, or secondarily, the estate, shall be paid
for one hundred percent (100 %) of the value of the employee's accrued but
unused sick leave, at the straight time rate in effect at the time of death. The
amount so paid shall constitute payment in full for all accrued and unused sick
leave credited to the employee.
Section 29.4 Sick Leave Transfer from Prior Public Employer. Any employee
who has accrued sick leave with the State of Ohio or any political subdivision of the
State shall be entitled to have this accrued sick leave transferred to the City, provided
the employee was hired by the City within ten (10) years of resignation /separation from
the prior public Employer, and provided the City receives written verification of such
prior service from the prior public Employer. Employees hired on or after the effective
date of this Contract, whose sick leave is transferred from another public employer,
must first use sick leave accrued with the City prior to using the employee's transferred
sick leave balance. In addition, employees hired on or after the effective date of this
Contract, shall not be eligible for conversation of sick leave to a cash payment either on
an annual basis or upon separation.
ARTICLE 30
INJURY LEAVE
Section 30.1 Iniury Leave with Pay. When an employee's absence from work is
necessitated because of an illness or injury incurred while on the job with the City and
said illness or injury is compensable under Ohio Worker's Compensation Law, injury
leave shall be granted for a period not to exceed one hundred eighty (180) calendar
days. This one hundred eighty (180) calendar days must be used within two (2)
calendar years of the employee's date of injury. Such leave shall be granted by the City
Manager, or the City Manager's designee, based upon the recommendation of the Chief
of Police and upon submittal by the employee of a statement from a licensed physician
justifying that the employee is unable to return to full work status due to the illness or
injury. Such leave shall not be charged against the employee's sick leave balance
unless it is determined that the illness or injury is a non - work - related illness or injury
and is not compensable under Ohio Worker's Compensation Law. In order to be eligible
for injury leave, the employee must report the illness /injury to the employee's
supervisor within three (3) work -days of the incident giving rise to the illness /injury.
Simultaneously with the request for injury leave, the employee shall also make
application and actively pursue a claim for lost wage benefits under Ohio Workers'
Compensation Law. If the application for benefits is granted and the claim allowed, the
City's obligation under the continued use of injury leave shall be the monetary
difference between the employee's regular rate of pay and benefits received under the
Workers' Compensation system.
In cases where injury leave or medical leave are necessary, the Chief of Police may
offer a modified work assignment which will provide for the attempted placement of
Divisional personnel who are unable to perform in their normal capacity.
The limitations imposed on injury leave shall be considered as limitations on leave
granted as a result of each incident of a work - related illness /injury, rather than
limitations on leave to be granted in any one calendar year or other unit of time.
ARTICLE 31
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Section 31.1 Leave Without Pay. Leave without pay may be granted, upon the
approval of the City Manager, or the City Manager's designee, if requested in writing by
the employee. An employee on leave without pay shall not accrue sick leave,
compensatory time or vacation benefits and, except for the time spent on FMLA Leave,
the employee will be required to pay one hundred percent (100 %) of the cost
associated with maintaining the employee's medical, dental, vision insurance coverages
if the employee wishes any or all of said coverages continued. Leave without pay
during an employee's probationary period shall extend the probationary period by a
period of time equivalent to the time spent on leave without pay. Failure of any
employee to report promptly at the expiration of such leave of absence shall be
considered as a resignation. Leave without pay may be granted for:
A. Personal Leave. A leave without pay may be granted at the discretion of the
City Manager, or the City Manager's designee, for personal reasons not to exceed
thirty (30) days without loss of seniority, if the employee can be spared. This
may be extended only with the written approval of the City Manager, or the City
Manager's designee, and must be submitted in writing a minimum of two (2)
weeks prior to the requested date of the extension.
B. Extended Illness or Accident Leave. A leave without pay may be granted to
an employee for a period not to exceed one (1) year without loss of seniority
when such employee is physically unable to report for work because of illness or
accident. The employee must promptly notify the employee's supervisor of the
necessity therefore (and the supervisor shall transmit the request to the City
Manager, or the City Manager's designee, for approval), and the employee must
supply certification from a qualified physician attesting to the necessity for such
absence.
C. Maternity Leave. A maternity leave without pay may be granted to an
employee without loss of seniority upon approval of the City Manager, or the City
Manager's designee. Extension of the leave may be granted for a period not to
exceed one (1) year, if the employee's physician states in writing that such an
extension is needed for recuperative health reasons. (Employees may take paid
leave (i.e. sick, personal, vacation, comp time) for maternity purposes provided
the employee has sufficient paid leave balances to cover the period of absence.)
(Use of paid sick leave for maternity purposes must be justified by a medical
certification from a licensed physician.)
D. Military Leave (Active Duty). Except as may otherwise be specifically
provided herein, an employee may be granted a leave of absence without pay to
be inducted into or otherwise enter the military on an active duty basis.
Section 31.2 Leave with Pay. Leave with pay may be granted upon the approval of
the City Manager, or the City Manager's designee, to an employee in the following
instances:
A. Court Leave. Leave with pay may be granted to an employee in order that the
employee may serve required jury duty or if the employee is required by law to
appear in a case resulting directly from the discharge of the employee's duties as
a City employee. In such cases, all witness or jury fees shall be signed over to
the City.
B. Bereavement Leave. In the event of a death in an employee's family, the
employee shall be entitled to up to three (3) consecutive paid work days for a
funeral service and /or burial,
sate o f needed feF these p••_....se Additional days of sick leave
personal leave, vacation leave, and compensatory time may be approved by the
City Manager, or the City Manager's designee, on a "case -by- case" basis, given
the merits of each particular set of circumstances. The family, for purposes of
bereavement leave, shall include: spouse, domestic partner, son, daughter,
brother, sister, parent, legal guardian, person who stands in place of a parent,
grand - parent, grandchild, step- father, step- mother, step- brother, step- sister,
step -son, step- daughter, mother -in -law, father -in -law, daughter -in -law, son -in-
law, brother -in -law, sister -in -law, grandparent -in -law, half- brother and half -
sister, aunt, uncle, or any other relative living in the home of the employee.
C. Military Leave. An employee who, as a member of the Ohio National Guard,
the Ohio Defense Corporation, the Ohio naval Militia, or as a reserve member of
the Armed Forces of the United States, is called upon to receive military training
or who is called to active duty, shall be entitled to a leave of absence with pay
for a period or periods not to exceed twenty -two (22) eight (8) hour work days
or one hundred seventy six (176) hours in any one (1) calendar year. An
employee qualifying for paid military leave who is called or ordered to the
uniformed services for longer than the above period shall be paid for the
remaining time beyond the first twenty-two (22) eight (8) hour work days or one
hundred seventy six (176) hours at the employee's regular compensation rate
less whatever compensation the employee may receive for such military service.
If the employee's military compensation exceeds the compensation the employee
is otherwise entitled to from the City, the employee will not be entitled to any
additional compensation from the City. Provided, however, the City shall comply
with all applicable state and federal law regarding military leave.
D. Family & Medical Leave. Pursuant to the Family and Medical Leave Act
("FMLA') of 1993, FMLA leave may be granted to an employee who has been
employed for at least twelve (12) months by the City and who has provided at
least one thousand two hundred fifty (1,250) hours of service during the twelve
(12) months before the leave is requested. The leave may be granted up to a
total of twelve (12) weeks during any twelve (12) month rolling period for the
following reasons:
1. Because of the birth of a child or placement for adoption or foster care of
a child;
2. In order to care for the spouse, son, daughter, parent,
or one who stood in place of a parent of the employee, if such spouse,
son, daughter, parent, or "in loco parentis" has a serious health condition;
3. Because of a serious health condition that makes the employee unable to
perform employment functions.
The employee 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 employee must provide the City with
certification of the condition from a health care provider. The City, at City
expense, may require a second opinion on the validity of the certification. If this
second opinion contradicts the first opinion submitted by the employee, a third
opinion, at the City's expense, shall be sought from a mutually agreeable
physician, which shall be binding on both the employee and City.
An employee seeking FMLA leave must first use paid sick time (if applicable),
vacation, personal leave, and compensatory time before going on unpaid leave.
The total amount of FMLA leave paid and unpaid will not exceed a total of twelve
(12) weeks. In any case in which a husband and wife entitled to FMLA leave are
both employed by the City, the aggregate number of workweeks of leave to
which both may be entitled may be limited to twelve (12) weeks taken because
of the birth of a child or placement for adoption or foster care of a child. The
employee will be responsible for the employee's share of the health insurance
cost (if any) during the unpaid leave. If the employee does not return from the
leave, the employee is responsible for payment to the City of the monthly
Single /Family rate paid by the City on behalf of the employee during the leave.
The City may, at its sole discretion, waive the repayment of such amount. The
City will be responsible for the thirty (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.
Other. Leave with pay may be granted by the City Manager, or the City Manager's
designee, for good and sufficient reasons which are considered to be in the best
interest of the City, but only in the event of extraordinary circumstances.
ARTICLE 32
LEAVE DONATION PROGRAM
Section 32.1 Purpose. The purpose of this Article is to establish regulations
governing the operation of a Leave Donation Program that allows employees to
voluntarily donate sick leave, vacation leave, personal leave, or compensatory time to
another employee when the employee experiences a catastrophic illness /injury, or when
such an employee's immediate household family member experiences such an illness or
injury requiring the employee's personal care and attendance, and the employee has
exhausted all of the employee's siek leave, vaeatien leave, peFsenal leave,
leave balances
Section 32.2 Definitions.
Catastrophic Illness /Iniury. A a- devastating illness or injury that is expected to
incapacitate the employee or a member of the employee's immediate household family
for an extended period of time, provided that taking extended time off from work
creates a financial hardship for the employee because the employee has exhausted all
leave balances. Catastrophic is defined as an illness or injury which results in the
emolovee or the emplovee's immediate familv member reauirina a level of care and
treatment beyond what he or she could provide without assistance. Catastrophic illness
or injury would be defined as any life- threatening illness or injury that would require the
employee to be off the job for a minimum of 180 calendar dates.
Donation. T the act of voluntarily, unconditionally, and irrevocably surrendering a
portion of one's sick leave, vacation leave, personal leave, and /or compensatory time to
a qualified employee.
Immediate Family Member Mother, father, spouse, son, daughter, stepson,
stepdaughter, legal guardian, or someone who legally stands in place of a parent.
Section 32.3 Program Regulations
A. Eligibility
Eligibility to receive donated leave under this program shall be limited to those
employees in full -time permanent positions who have a total of one hundred
twenty (120) hours or less in all forms of paid leave in the aggregate (i.e. sick
leave, vacation leave, personal leave, compensatory time) at the time of their
written request to receive donated leave, and who have not been disciplined for
leave abuse the two (2) years prior to the date of their request to receive
donated leave.
B. Reouest for Leave
When an employee has less than a total of one hundred twenty (120) hours in all
forms of paid leave (as specified above) in the aggregate, the employee or the
employee's Division Head (with the employee's consent) may initiate a request
for assistance. The request shall be forwarded to the affected employee's
Department Head for review and consideration of the facts and circumstances
specific to the employee's need. Such review shall include, but not necessarily
be limited to, an assessment of a written certification from the employee's
physician regarding the employee's or family member's medical condition, an
analysis of the employee's sick leave usage and overall work history with the
City, and consideration of input provided by the Department's
supervisory/managerial staff. Following this review by the affected employee's
Department Head, the Department Head may recommend approval for receipt of
donated leave to the City Manager. The City Manager shall make the final
decision regarding approval of the employee's request. The final decision to
approve or disapprove the request rests within the sole discretion of the City
Manager.
C. Donation Process, Procedures & Reouirements
Should the employee's request to receive donated leave be approved by the City
Manager, employees (herein called donors) who desire to contribute leave time
shall complete a "Leave Donation Form ", a copy of which is attached. Such
forms shall be made available by the Division of Human Resources /Procurement
and by each Department /Division. The donor shall designate on the form the
name of the employee who is to be the recipient of the donated leave and the
amount of such donated leave.
Leave shall be donated in the following sequence and amounts for each
approved recipient:
1. The first eight (8) hours of any donation shall be vacation leave. If the
donor does not have vacation time available, this requirement may be
waived or reduced by the Department Head.
2. The second eight (8) hours of any donation shall be personal leave,
compensatory time, or vacation leave. If the donor does not have eight
(8) hours of such leave available, this requirement may be waived or
reduced by the Department Head.
3. After sixteen (16) hours of vacation leave, personal leave, or
compensatory time have been donate, or waived as specified above, sick
leave may then be donated. Sick leave donations shall be limited to forty
(40) hours. After forty (40) hours of sick leave donation has been
reached, the entire donation sequence may begin again starting with item
#1 above.
D. Minimum Donation Increments
The minimum amount of leave time which can be donated shall be one (1) hour.
Donors may contribute any amount of time at or above one (1) hour in whole
amounts (no fractions of an hour can be transferred). However, the donor shall
not be allowed to donate an amount of leave which would reduce the donor's
leave balance or combination of balances below one hundred and twenty (120)
hours of available leave time.
E. Divisional Coordinator
Should the employee's request to receive donated leave be approved by the City
Manager, the employee's 9"Asien Head Human Resources Business Partner 64a4
GeeFd;nater ". The Fe'eef "Doymsienal 6eeFelo;ater" shall be to facilitate the flow of
information and to maintain a direct line of communication with the recipient.
basis, fflateh the denated leave heuFs te the established need Eagain en a pa, I ,
FG.mn with it the . r�nirain Ws time sheet diFe Gtl . tG the f1r�pa Ft.r ent of Fina .nr.
... _..
Should the number of donated leave hours exceed the recipient's need for a
given pay period, those excess donated leave hours will be held in reserve by the
"Divisional Coordinator" and will be used to satisfy the recipient's continuing
future need for such hours. Should the recipient's eligibility to receive donated
leave cease, in accordance with Section 32.3 K. ("Eligibility Ceases'), and
donated hours remain in the above referenced reserve, these hours will be
returned to the donor within a reasonable period of time thereafter. (It is critical
to note that once donated leave time is forwarded from the "Divisional
Coordinator" to the Finance Department, and such donated leave time is actually
physically transferred from the donor's leave balance to the recipient's sick leave
balance, the donor has no right to recover any portion of such leave time.)
F. Donation Credited
Upon receipt of all approved Leave Donation Forms, the Department of Finance
will credit all donated leave time to the recipient's sick leave balance.
G. Conditions on Receipt of Leave
Before an employee may receive the donated leave, the employee must have
exhausted all of the employee's sick leave, vacation leave, personal leave,
compensatory time, or other applicable leave balances available to the employee
(excluding the exception listed below).
Exception: One leave balance designated by the employee (other than sick
leave) may contain no more than twenty-four (24) hours of leave time. Such
leave time will be held in reserve to allow the employee the opportunity to take
some time off following the end of the catastrophic situation, should such time
off be needed to attend to family needs.
H. Prohibition on Continued Accrual of Leave
While using donated leave, the employee shall not accrue or receive any leave
time in excess of the twenty-four (24) hours identified in item G above.
I. Prohibition on Conversion to Cash
All donated leave time, regardless of the type, shall be considered to be sick
leave and shall only be used under the conditions of sick leave as set forth in the
Collective Bargaining Agreement or the City Personnel Code (whichever is
applicable). No cash payments shall be provided to the employee or the
surviving spouse of the employee under this program.
I Continuation of Medical, Dental, Vision, Life Insurance And Other
Benefits
Employees using donated leave shall be considered to be in paid status solely for
the purpose of receiving all medical, dental, vision, and life insurance benefits,
step increases, merit increases, longevity payments, and seniority credit to which
they would have otherwise been entitled. However, original or promotional
probationary employees using such leave shall have their probationary periods
extended by the same length of time for which the employee has used the
donated leave.
K. Eligibility Ceases
Eligibility to receive donated leave under this program shall cease upon
certification from the employee's physician that the employee is capable of
engaging in sustained regular employment, certification from the employee's
family member's physician documenting the family member's recovery from the
catastrophic illness /injury, an employee's application for disability retirement is
approved by the appropriate retirement system (Public Employee's Retirement
System of Ohio), or death of the employee or employee's family member,
whichever should first occur.
ARTICLE 33
TRAINING AND TUITION REIMBURSEMENT
Section 33.1 Training. In recognition of the value of continuing education and
professional development of employees, the City agrees to provide training
opportunities for employees within the bargaining unit at the City's expense. This
training may be either initiated by the City pursuant to a training schedule or by the
employee, with the approval of the Chief of Police or his designee. The training shall be
related to an employee's performance of the employee's job duties or in preparation for
job duties which may be assigned to the employee after completion of training.
Reasonable effort shall be made to accommodate the training to the employee's regular
work schedule. The division shall endeavor to provide as much advanced notice as
practical to employees regarding their training schedules. In that this training is a
work - related duty, the employee shall receive all pay and benefits to which the
employee is otherwise entitled during training.
The expense for employees who are required or requested to attend training schools,
seminars, or other instructional or educational programs, including examination to
increase their knowledge and further their competency in their occupation with the
Employer, shall be paid by the Employer as follows:
A. Registration fees, tuition charges for the training school, seminar, or educational
or other instructional programs.
B. The employer shall pay for meals when not provided by the tuition, with the
exception of training programs /seminars which are hosted by the City at the
Dublin Justice Center.
C. The employer shall pay the current rate for mileage, as determined by the IRS,
when an employee is not provided with a City-owned vehicle. Where overnight
lodging is provided at the City's expense, an employee will only be reimbursed
for mileage to and from the training facility on one occasion each way unless
otherwise approved or directed by the Chief. All other travel shall be considered
to be non - work - related and non - reimbursable. Bus, train, or airfare at tourist's
rate will be provided for lengthy trips when travel is approved by the City
Manager.
D. Hotel or motel charges when lodging is not provided as a term of tuition
payment.
E. Hourly rates will be paid when schools or training are scheduled during regular
working hours.
F. All necessary tools and equipment required by the course of instruction.
Checks may be issued in advance for expenses related to paragraphs A and D of this
Section.
Time spent in transit, when it involves travel away from home overnight, shall be
considered work time and, therefore, is compensable. Leisure time and sleep time are
not considered work time and are, therefore, not compensable.
Section 33.2 Tuition Reimbursement.
A. Reimbursement Program. All employees of the bargaining unit may
participate in the City's Tuition Reimbursement Program. Under this program,
each employee shall be eligible for a maximum of Three Thousand Seven
Hundred and Fifty Dollars ($3,750) in reimbursement per calendar year for fees
and required textbooks, and courses of instruction voluntarily undertaken.
Courses of instruction eligible for reimbursement under this program shall include
courses necessary for job - related degree programs or courses of study not
necessarily within a job - related degree program but which are still job - related.
In addition, only coursework provided by a recognized institution (e.g. college,
university, community college, post- secondary technical school, etc.) shall be
eligible for reimbursement under this program. No reimbursement shall be
approved for correspondence courses.
B. Necessary Approval. All coursework subject to reimbursement shall be
transmitted, in advance and through the Chief of Police, to the Director of
Human Resources or the Director of Human Resources' designee for approval.
The Chief of Police shall provide a written recommendation concerning
approval /disapproval of the request at time of transmittal to the Director of
Human Resources or the Director of Human Resources' designee. If practicable,
an employee shall make application for approval of coursework at least fifteen
(15) days prior to commencement of the course of study. The Director of
Human Resources or the Director of Human Resources' designee shall evaluate
the employee's coursework /degree program for job - relatedness and shall notify
the employee, in writing, regarding the approval /disapproval of said course -
work/degree program on that basis. The City agrees that approval of
coursework /degree program will not be unreasonably withheld. An employee
may receive blanket approval for an entire degree program or a continuing
course of study if all courses within the program are identified. If all or part of
the program is approved, the employee need not reapply for approval for each
course within the portion(s) approved.
C. Course Attendance. Courses are to be taken on other than scheduled working
hours, unless approval is obtained from the Chief of Police, or the Chief of
Police's designee, to take such courses on work time.
D. Reimbursement Procedure. Reimbursement shall be made upon successful
completion of a course with a grade of C (2.00) or better. The employee shall
submit an official transcript or certificate demonstrating successful completion of
the course and a receipt from the institution confirming the employee has paid
for tuition, fees, and required textbooks. Any financial assistance available to an
employee shall be deducted from the amount of tuition reimbursement that
would otherwise be payable. The employee shall not be reimbursed for
incidental expenses such as paper or supplies, mileage, parking, meals, or other
expenses other than tuition, fees, and required textbooks.
ARTICLE 34
4zW11 0YA4:91016140110UI4:01101d17_11 uFy
Section 34.1 Employee Incentive Programs. Members of the bargaining unit shall
be eligible for employee incentive programs offered to other non - bargaining unit
employees of the City. This article is not intended and does not apply to programs that
are part of a compensation, benefits, or economic package. Eligibility to participate in
these incentive programs and receipt of any awards through these programs shall be
governed by the written program rules, regulations, and requirements as approved by
the City Manager.
Section 34.2 Employee Discounts. Should Dublin City Council approve employee
discounts in the future, the City agrees to apply such approved employee discounts to
bargaining unit employees and non - bargaining unit employees alike. Likewise, any
Council approved modifications to present or future discounts will also be applied to
bargaining unit employees and non - bargaining unit employees alike.
ARTICLE 35
TRAINING ASSIGNMENTS
Section 35.1 Compensation. Any employee who serves in the capacity of a trainer
shall be entitled to two (2) hours of either paid time or compensatory time for each
eight (8) hours of training time spent with the trainee. However, in the case that the
trainer has three (3) or more trainees, the trainer shall be entitled to three (3) hours of
compensatory time for each eight (8) hours of training spent with those three (3) or
more trainees.