HomeMy WebLinkAbout05-00 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co Form No. 30043
Ordinance No...........05-00 ....................................... Passed .................................................................., .
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO ENTER INTO A
COLLECTIVE BARGAINING AGREEMENT
WITH THE FRATERNAL ORDER OF
POLICE CAPITAL CITY LODGE NO. 9
REGARDING WAGES, HOURS, TERMS
AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES WITHIN THE POLICE
OFFICER AND POLICE SERGEANT
BARGAINING UNITS AND DECLARING AN
EMERGENCY.
WHEREAS, the City of Dublin and the Fraternal Order of Police Capital City
Lodge No. 9 have reached agreement regarding wages, hours, terms, and conditions
of employment for employees within the Police Officer and Police Sergeant
bargaining units; and
WHEREAS, pursuant to the Collective Bargaining Act (Chapter 4117 of the
Ohio Revised Code), funding for the economic provisions contained within the
attached Collective Bargaining Agreement between the City of Dublin and the
Fraternal Order of Police, Capital City Lodge No. 9 must be approved by Council
within thirty (30) days of introduction to Council; and
NOW THERE~RE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, of the elected members concurring:
Section 1. That the City Manager be, and hereby is, authorized to enter into the
attached Collective Bargaining Agreement with the Fraternal Order of Police
Capital City Lodge No. 9 regarding wages, hours, terms, and conditions of
employment for employees within the Police Officer and Police Sergeant
bargaining units.
Section 2. That, as referenced in Section 1.4 of the attached Agreement, said
Agreement shall supersede and replace all applicable state and local laws which it
has the authority to supersede and replace.
Section 3. That this Ordinance is hereby declared to be an emergency measure
necessary for the preservation of the public welfare in that the two parties have
been abiding by an extension to the previous Agreement which expired December
31, 1998, and given the protracted nature of the negotiation process, it is in the best
interest of the citizenry (from the standpoint of promoting and preserving labor
peace within the community) to bring the negotiation process to closure as soon as
possible. Therefore, this Ordinance shall take effect and be in force immediately
upon passage.
Passed this 1/~ day of , 2000.
~~
Mayor -Presiding Officer
ATTEST:
Clerk of Council
OS-00,
1 hereby certify that copies of this Ordnante%Resofution were Qostad -n the
City of Dubi'sn in accordance witi~ Section 731.25 of the Ofsio Revised tod~
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f}ssl'~ Cler f Counci{, Dublin, Ohia
Office of the City Manager
5200 Emerald Parkway • Dublin, Ohio 43017-1006
Phone: 614-761-6500 • Fax: 614-889-0740
To: Members of Dublin City Council
From: Timothy G Hansley, City Manager ~~ `"
Date: December 30, 1999
Memo
Re: Proposed Collective Bargaining Agreement between the City of Dublin and the
Fraternal Order of Police Capital City Lodge No. 9
By: David L. Harding, Director of Human Resources/Procurement ~-
Attached for your consideration, please find Ordinance No. OS-00 authorizing the City
Manager to enter into a Collective Bargaining Agreement between the City of Dublin and the
Fraternal Order of Police Capital City Lodge No. 9 regarding wages, hours, terms, and
conditions of employment for employees within the Police Officer and Police Sergeant
bargaining units. Also, attached for your reference is a copy of the proposed Agreement,
which has been ratified by the membership in both bargaining units, and a "Highlights" report
summarizing the most significant changes from the previous Agreement.
The attached Agreement is the culmination of a bargaining process which began in October,
1998 and which consumed many hours of work on the part of both parties. Although the
negotiation process was not easy to complete and major philosophical disagreements arose on a
number of issues, the parties were eventually able to reach agreement in a professional,
businesslike manner. As you are all well aware, "negotiation" involves "compromise"; neither
party achieves all of their objectives. A successful process, however, does involve the
willingness to jointly search for reasonable alternatives. In the end, both parties worked very
hard to reach a compromise and bring forth what we believe is a fair Agreement.
Please note that pursuant to the Collective Bargaining Act (Chapter 4117 of the Ohio Revised
Code), Council must approve the funding for the economic provisions contained within the
attached Agreement within 30 days of introduction. Although Council action would be
required no later than 30 days after introduction, Staff would recommend that Council adopt
Ordinance No. OS-00 as an emergency measure at the January 3, 2000 Council Meeting.
Given the protracted nature of the negotiation process, Staff believes it would be in the best
interest of the community (from the standpoint of promoting and preserving labor peace), to
bring closure to the process as soon as possible and, therefore, Staff believes the emergency
passage of Ordinance No. OS-00 on January 3, 2000 would be justified.
Fop1230
12/30/99
CITY OF DUBLIN/FRATERNAL
ORDER OF POLICE CAPITAL
CITY LODGE N0.9 COLLECTIVE
BARGAINING AGREEMENT
SUMMARY HIGHLIGHTS
The following are highlights of the most significant changes compared to the previous
Agreement:
Article 9 -Internal Review Procedures
• Section 9.7 -Application is an entirely new section and
guarantees employee witnesses who are interviewed the same
rights as the officer who is the subject of the investigation. Under
the previous Agreement the rights in Sections 9.4 and 9.5
applied only to the officer who was the subject of the
investigation.
Section 9.8 -Citizen Complaint reflects a change which is
favorable to management . This section now allows the
Division of Police to investigate a citizen complaint when
the complaint is filed more than 30 days after the alleged
incident, instead of automatically classifying the complaint
as unfounded as under the previous Agreement.
Article 14 -Seniority
• Section 14.6 -Patrol Scheduling Standards is an entirely
new section and was one of the major sources of controversy
in the negotiation process. This is the issue on which the
City was forced to compromise in order to avoid binding
conciliation, which could have placed the City at risk of
losing other issues. This new section establishes constraints
upon the City in scheduling the workforce and guarantees
certain amounts of time off between shifts and between work
weeks. The City was successful in negotiating some exceptions
to these guaranteed times off. Under the previous Agreement,
none of these scheduling restrictions existed.
Article 18 -Substance Abuse Testing
Section 18.11- Alcohol Testing Procedure and Results
is a new section and is favorable towards management. The previous
Agreement identified no quantitative standard for impairment.
The City was successful in gaining a standard of .02 which is
the same threshold used in federally mandated alcohol
testing for Commercial Driver's License holders.
Article 20 -Rates of Pay/Wa~es
Section 20.1 Wages provides fora 4% pay increase
effective January 1, 1999, a 4% increase effective
January 1, 2000, and a 4% increase effective
January 1, 2001.
• Section 20.5 -Longevity Pay provides fora $25 increase
at the 4 - 6 years of service level; a $50 increase at the
7 -10 years of service level; a $75 increase at the
11 -14 years of service level; a $75 increase at the 15 -19
years of service level; and a $75 increase at the 20 years or
more of service level.
• Section 20.6 -Shift Differential provides fora 10~ per
hour increase for working between the hours of 5 p.m. and
6 a.m.
Article 21-Rates of Pay Following Certain Personnel Actions
Section 21.1 includes a procedure which is favorable
towards management. Instead of the most senior officer
on the shift automatically assuming the Officer in Charge
(OIC) designation, as under the previous Agreement, the City
will now post the OIC opportunity for each shift in December
and those officers interested in serving in such a capacity
must so indicate on the list. These officers will then be
assigned as the permanent OIC on a particular shift
and will receive supervisory training.
Article 22 -Hours of Work and Overtime
• Section 22.8 - On Call Pay is an entirely new section and
provides detectives a $2.00/hour supplement when serving
in an on-call status between the hours of 10:00 p.m. and
7:00 a.m.
Article 23 -Uniforms, Equipment, and Allowances
r.~ • Section 23.4 -Annual Uniform and Equipment Allowance
provides fora $25 increase in the annual uniform and
equipment allowance for uniformed officers.
• Section 23.5 -Annual "Plain Clothes" and Equipment Allowance
provides fora $25 increase in the annual "plain clothes" and
equipment allowance for detectives.
Article 24 -Vacation Leave
• Section 24.3 -Accrual Schedule for Vacations provides for a
2 hour increase in annual accrual at the 5 -10 years of service
level; a 2 hour increase in annual accrual at the 11 - 15 years
of service level; a 2 hour increase in the annual accrual at
the 16 - 20 years of service level; and a 2-hour increase in
annual accrual at the 21 or more years of service level.
Article 27 -Insurance
• Section 27.1- Medical, Dental, and Vision Benefits_provides
fora $250 increase in orthodontics coverage effective January
1, 2000 and an additional $250 increase in orthodontics coverage
effective January 1, 2001.
• Section 27.4 -Life Insurance provides fora $5,000 increase
in term life insurance coverage effective January 1, 2000 and an
additional $5,000 increase in coverage effective January 1, 2001.
Article 32 -Field Trainin>? Officers
• Section 32.1- Compensation_provides for a'/z hour increase in
compensatory time for every eight hours of time spent training
a new officer.
fopordl2-30
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF DUBLIN
AND
THE FRATERNAL ORDER OF POLICE,
CAPITAL CITY LODGE No. 9
POLICE OFFICERS & SERGEANTS
BARGAINING UNITS
CONTRACT PERIOD:
JANUARY 1, 1999 THROUGH DECEMBER 31, 2001
TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE 1 -CONTRACT
^ 1.1 -Agreement 1
^ 1.2 -Purpose 1
^ 1.3 -References 1
^ 1.4 -Applicability 1
ARTICLE 2 -RECOGNITION
^ 2.1 -Recognition 1
^ 2.2 -Bargaining Units 2
ARTICLE 3 -LODGE SECURITY
^ 3.1-Dues Deduction 2
^ 3.2 -Fair Share Fee 3
^ 3.3 -Bulletin Boards 3
^ 3.4 -Meeting Locations 3
^ 3.5 -Ballot Boxes 4
^ 3.6 -Use of Intra-Departmental Mail 4
^ 3.7 -Lodge Business 4
ARTICLE 4 -NONDISCRIMINATION
^ 4.1 -Joint Pledge 4
^ 4.2 -Employer Pledge 5
^ 4.3 -Lodge Pledge 5
^ 4.4 -Gender Reference 5
ARTICLE 5 -MANAGEMENT RIGHTS
^ 5.1 -Management Rights 5
ARTICLE 6 - LABOR/MANAGEMENT MEETINGS
^ 6.1 -Meetings 5
ARTICLE 7 -BARGAINING UNIT BUSINESS
^ 7.1-Grievance Representatives 6
^ 7.2 Negotiating Committee 6
ARTICLE 8 -GRIEVANCE PROCEDURE
^ 8.1 -Definition 7
^ 8.2 -Jurisdiction 7
^ 8.3 -Qualifications 7
^ 8.4 -Grievance Form 7
^ 8.5 -Grievance Procedure 8
^ 8.6 -Right to Representation 10
^ 8.7 -Working Days 10
^ 8.8 - Extension of Time Limits 10
ARTICLE 9 -INTERNAL REVIEW PROCEDURES
^ 9.1-Scope 10
^ 9.2 -Informal Process for Non-Serious Complaints or Offenses 10
^ 9.3 -Notification 11
^ 9.4 -Right to Representation 11
^ 9.5 -Conduct of Questioning 11
^ 9.6 -Access to Tapes and Documents 12
^ 9.7 -Application 12
^ 9.8 -Citizen Complaint 12
ARTICLE 10 -DISCIPLINE
^ 10.1 -Discipline for Cause 13
^ 10.2 -Progressive Discipline 13
^ 10.3 -Disciplinary Action 13
^ 10.4 -Pre-Disciplinary Conference 14
^ 10.5 -Appeal 15
ARTICLE 11-PERSONNEL FILES
^ 11.1 - Unfavorable/Inaccurate Documents 15
^ 11.2 -Copies of Records in Personnel Files 15
^ 11.3 -Duration of Counseling Statements/Disciplinary Records 15
^ 11.4 -Review of Personnel Files 16
ARTICLE 12 -WORK RULES
^ 12.1 -Work Rules 16
ARTICLE 13 -POLITICAL ACTIVITY
^ 13.1- Political Activity 17
,~.
ARTICLE 14 -SENIORITY
^ 14.1 -Seniority Defined 17
^ 14.2 -Application of Seniority 18
^ 14.3 -Filling of Job Assignments 18
^ 14.4 -Filling of Shift Assignments 18
^ 14.5 - No Posting Response 19
^ 14.6 -Patrol Scheduling Standards 19
ARTICLE 15 -EMPLOYEE ASSISTANCE PROGRAM
^ 15.1- Employee Assistance 20
^ 15.2 -Coverage Terms & Conditions 20
^ 15.3 -Other EAP Terms & Conditions 21
ARTICLE 16 -LAYOFFS
^ 16.1 -Action 22
^ 16.2 Recall and Reinstatement 22
ARTICLE 17 -MISCELLANEOUS
^ 17.1 -Safe Equipment 22
^ 17.2 -Agreement Copies 22
^ 17.3 -Mail 23
^ 17.4 -Reimbursement for Expenses and Travel 23
„~ ARTICLE 18 -SUBSTANCE ABUSE AND TESTING
;,,~,~
^ 18.1 -Purpose 23
^ 18.2 -Responsibility 24
^ 18.3 -Definitions 24
^ 18.4 -Prohibited Conduct 24
^ 18.5 -Reasonable Belief Testing 24
^ 18.6 -Testing Determination 25
^ 18.7 -Urine Samples 25
^ 18.8 -Drug Testing Procedure 25
^ 18.9 -Drug Test Results 26
^ 18.10 -Alcohol Testing 26
^ 18.11 -Alcohol Testing Procedure and Results 26
^ 18.12 - Discipline/Rehabilitation 26
ARTICLE 19 -RATES OF PAY/WAGES
^ 19.1 -Wages 27
^ 19.2 -Appointment and Advanced Step Hiring 28
^ 19.3 -Step Advancement 28
^ 19.4 -Application of Pay Rates 28
^ 19.5 -Longevity Pay 28
^ 19.6 -Shift Differential 28
ARTICLE 20 -RATES FOR MEMBERS FOLLOWING
CERTAIN PERSONNEL ACTIONS
^ 20.1 -Temporary Work Assignment 29
^ 20.2 -Return to Duty 29
^ 20.3 -Return from Military Service 29
^ 20.4 -Reinstatement from Authorized Leave 30
ARTICLE 21-HOURS OF WORK AND OVERTIME
^ 21.1 -Workweek 30
^ 21.2 -Overtime 30
^ 21.3 -Call-In Pay/Court Pay 31
^ 21.4 -Compensatory Time 31
^ 21.5 -Payment for Accrued Compensatory Time Upon Separation 31
^ 21.6 -Use of Casual Leave Time 31
^ 21.7 -Application to Special Duty 32
^ 21.8 - On-Call Pay 32
ARTICLE 22 -UNIFORMS, EQUIPMENT, AND ALLOWANCES
^ 22.1 -Initial Issue 32
^ 22.2 -Change in Issuance 33
^ 22.3 -Plain Clothes Issue 33
^ 22.4 -Annual Uniform and Equipment Allowance 33
^ 22.5 -Annual "Plain Clothes" and Equipment Allowance 33
^ 22.6 -Required Purchases 34
^ 22.7 -Dry Cleaning 34
^ 22.8 -Damaged, Destroyed, Lost Personal Property 34
^ 22.9 -Termination 35
ARTICLE 23 -VACATION LEAVE
^ 23.1 -Vacation Year 35
^ 23.2 -Conditions for Accrual 35
^ 23.3 -Accrual Schedule for Vacations 35
^ 23.4 -Vacation Carry-Over 35
^ 23.5 -Vacation Scheduling 35
^ 23.6 -Prior Public Service Credit 36
ARTICLE 24 -HOLIDAYS
^ 24.1- Paid Holidays 37
^ 24.2 -Special Holidays 37
^ 24.3 -Holiday Work 37
^ 24.4 -Holiday Pay 37
^ 24.5 -Comp Time, Personal Leave, Vacation Leave on Holidays 38
ARTICLE 25 -PERSONAL LEAVE
^ 25.1-Personal Leave 38
ARTICLE 26 -INSURANCE
^ 26.1 -Medical, Dental & Vision Benefits 38
^ 26.2 -Liability Insurance 39
^ 26.3 -Change in Carriers 39
^ 26.4 -Life Insurance 39
ARTICLE 27 -SICK LEAVE
^ 27.1- Sick Leave Accrual 39
^ 27.2 -Use of Sick Leave 39
^ 27.3 -Payment for Unused Sick Leave 40
^ 27.4 -Sick Leave Transfer from Prior Public Employer 41
ARTICLE 28 -INJURY LEAVE
^ 28.1 -Injury Leave With Pay 41
ARTICLE 29 -SPECIAL LEAVES
^ 29.1 -Leave With/Without Pay 41
^ 29.2 -Jury Duty Leave 42
^ 29.3 -Bereavement Leave 42
^ 29.4 -Military Leave 43
^ 29.5 -Family and Medical Leave 43
ARTICLE 30 -TRAINING AND TUITION REIMBURSEMENT
'~'" 30.1 -Training 44
^ 30.2 -Tuition Reimbursement 45
ARTICLE 31-FIELD TRAINING OFFICERS
^ 31.1 -Compensation
46
ARTICLE 32 -CANINE UNIT
^ 32.1-Compensation for Care and Maintenance of Division Canine 46
ARTICLE 33 -EMPLOYEE INCENTIVE PROGRAMS
^ 33.1 -Employee Incentive Programs 47
^ 33.2 -Employee Discounts 47
ARTICLE 34 -DURATION
^ 34.1- Duration 47
^ 34.2 -Signature 47
ARTICLE 1
AGREEMENT
Section 1.1 Agreement. This Agreement is made and entered into at Dublin, Ohio by and
between the City of Dublin, as Employer, hereinafter referred to as "Employer" or "Division",
and the Fraternal Order of Police, Capital City Lodge No. 9, hereinafter referred to as the
"Lodge".
°"' Section 1.2 Purpose. This Agreement is made for the purpose of setting forth the
understandings and agreements between the parties governing the wages, hours, terms and
conditions of employment for those employees (hereinafter referred to as "Members" or
"Member") included in the bargaining units identified herein.
Section 1.3 References. Should any part of this Agreement be held invalid by operation of law
or by final Order issued by any tribunal of competent jurisdiction, or should compliance with or
enforcement of any part of this Agreement be restrained by any such tribunal pending a final
determination as to its validity, such invalidation or temporary restraint shall not invalidate or
affect the remaining portions hereof or the application of such portions to persons or
circumstances other than those to whom or to which such invalidation is applicable. Should such
events take place, and upon written request by either party, the parties to this Agreement shall
meet within thirty (30) days of receipt of the written request in an attempt to modify the
invalidated provisions by good faith negotiations.
The Employer and the Lodge agree that no representative of either party shall make or ask a
member to make any written or verbal agreement which would conflict with this Agreement.
Unless otherwise specifically provided in this Agreement, no changes in this Agreement shall be
negotiated during its duration unless there is written accord by and between the parties to do so.
To be incorporated within this Agreement, any changes must be in writing and signed by the
'~ parties.
Section 1.4 Applicability. This Agreement shall be memorialized by Ordinance of the Dublin
City Council and when memorialized shall supersede and replace all applicable state and local
laws which it has authority to supersede and replace. Where this Agreement is silent, the
provisions of applicable law shall prevail. Economic benefits granted to employees within the
bargaining units governed by this Agreement, which are sanctioned by the Employer and which
are in effect on the ratification date of this Agreement and which are not specifically provided for
or abridged by this Agreement, shall not be lessened during the term of this Agreement.
ARTICLE Z
RECOGNITION
Section Z.1 Recognition. The Employer recognizes the Lodge as the sole and exclusive
representative of all members in any and all matters relating to wages, hours, terms and
conditions of employment, and the continuation, modification, or deletion of an existing
provision of this Contract and for the administration of this Agreement.
Section 2.2 Bargaining Units. There shall exist in the City of Dublin two (2) bargaining Units
and they shall consist o£
A. All full-time sworn police officers below the rank of Sergeant who are employed
by the Employer.
B. All full-time sworn police officers of the rank of Sergeant or above who are
employed by the Employer but excluding the rank of Lieutenant and Chief.
References throughout this Agreement to members shall mean employees within both bargaining
units, unless specified otherwise.
ARTICLE 3
LODGE SECURITY
Section 3.1 Dues Deduction. The Employer agrees to deduct Lodge membership dues in the
amount certified by the Lodge to the Employer, the first pay period of each month from the pay
of any Lodge member requesting the same in writing. The Employer also agrees to deduct
Lodge Initiation fees and assessments, in the amount certified by the Lodge to the Employer, the
first pay period of each month, in which such fees and assessments are due, from the pay of any
appropriate Lodge member.
If a deduction is desired, the Lodge member shall sign a payroll deduction form which shall be
furnished to the financial secretary of the Lodge. Once each calendar month, a warrant in the
aggregate amount of the deductions made for that calendar month, together with a listing of the
Lodge members for whom deductions were made, shall be forwarded to the Lodge. Nothing
herein shall prohibit Lodge members covered by this Agreement from submitting dues directly to
the Lodge.
The Employer shall provide the Lodge with additional payroll deductions for the purpose of the
Lodge providing additional employee benefits, providing the Employer's payroll accounting
system possesses sufficient capacity and capability for additional deductions.
No other employee organization's dues shall be deducted from any member's pay for the duration
of this Agreement.
The Lodge agrees to hold the Employer harmless should any deductions be found to have been
unlawfully, illegally or improperly taken. Further, to the extent permitted by law, the Lodge
agrees to indemnify the Employer and, at the employer's request, to provide legal counsel in
defending any action claiming that a deduction has been unlawfully, illegally or improperly made
and will further reimburse the Employer for any payments made by the Employer as a result of
2
any finding by an administrative agency or court of law that it has unlawfully, illegally or
improperly made deductions.
Section 3.2 Fair Share Fee.
A. Members who are not members of that Lodge shall, as a condition of employment, pay to
the Lodge a fair share fee. The amount of the fair share fee shall be determined by the
Lodge, but shall not exceed dues paid by members of the Lodge who are in the
bargaining units. Such fair share fee shall be certified by the Lodge to the Employer at
such time during the term of this Agreement as necessary to be accurate. Such payment
shall be subject to an internal Lodge rebate procedure meeting all requirements of state
and federal law.
B. For the duration of this Agreement, such fair share fee shall be automatically deducted by
the Employer from the payroll check of each member who is not a member of the Lodge.
The automatic deduction shall be made in the first pay period of each month. The
Employer agrees to furnish the financial secretary of the Lodge once each calendar
month, a warrant in the aggregate amount of the fair share fees deducted for that calendar
month, together with a listing of the members for whom said deductions are made.
The automatic deduction shall be initiated by the Employer whenever a bargaining unit
employee who is not a member of the Lodge has completed his or her first sixty (60) days
of employment.
The Lodge agrees to hold the Employer harmless should any deductions be found to have
been unlawfully, illegally or improperly taken. Further, to the extent permitted by law,
the Lodge agrees to indemnify the Employer and, at the employer's request, provide legal
counsel in defending any action claiming that a deduction has been unlawfully, illegally
or improperly made and will further reimburse it for any payments made by the Employer
as a result of any finding by an administrative agency or court of law that it has illegally
or improperly made deductions.
Section 3.3 Bulletin Boards. The Lodge shall be permitted to maintain a Lodge bulletin board
at Division headquarters. The location of the board will be determined by the Chief and will be
reasonably accessible to all members. Said board shall be provided by the Lodge at its own
expense. Lodge bulletins and Lodge material will be permitted to be posted on this board. Non-
bargaining unit members shall not be permitted to remove, add to, or alter the material posted on
this board. Any material which contains obscene, racially, or sexually offensive information
shall be brought to the attention of a Greivance Representative for immediate removal. If no
Grievance Representative is available, or fails to immediately remove the item, the item maybe
removed by the on duty supervisor, dated, initialed and put in the locked Lodge mailbox in the
duty room.
Section 3.4 Meeting Locations. The Lodge shall be permitted, upon providing prior
notification to the Chief of Police, to hold meetings for members at police headquarters or other
3
City buildings, rooms, or facilities. The notification required under this Section shall be in
writing, shall be delivered to the Chief at least forty-eight (48) hours prior to the time of the
meeting, and shall state the date, time, and requested location of the meeting.
The Employer agrees to hold the requested location open for use by the Lodge on the date and at
the time specified in the Lodge's notification to the Chief. However, if it is not practicable for
the Employer to provide the requested location to the Lodge, the Employer will so notify the
Lodge and make every effort to provide for an alternate meeting location in another City
building, room, or facility. No member shall attend the above-referenced meetings while on duty
without receiving prior approval from the Chief of Police or his designee. In the event the Chief
or his designee are neither present nor available, or it is not practical to contact said individuals,
prior approval shall then be obtained from the then on-duty supervisor.
No member of the Lodge shall be obligated or asked to divulge to the Employer information
discussed at said meetings.
Section 3.5 Ballot Boxes. The Lodge shall be permitted, upon prior notification to the Chief of
Police, to place a ballot box at Division headquarters for the purpose of collecting members'
ballots on all Lodge issues subject to ballot. Such box shall be the property of the Lodge and
neither the ballot box nor its contents shall be subject to the Division's review.
Section 3 6 Use of Intra-Departmental Mail. The Lodge shall be permitted to utilize the
intra-departmental mail system for the purpose of providing information pertaining to Lodge
business or bargaining unit representation, to members. The Lodge agrees that the use of the
mail system will be reasonable and limited to providing information that is necessary for the
normal conduct of Lodge business or bargaining unit representation. All mail placed into the
mail system by the Lodge shall be the property of the member to whom it is addressed, and such
mail shall not be subject to the Employer's review.
Section 3.7 Lode Business. Representatives of the Lodge shall be permitted to transact
official Lodge business at Divisional work sites at all reasonable times, provided that this shall
not interfere with or interrupt normal Divisional operations. When possible, a Lodge
'~~,., representative will give advance notice and obtain approval from the Chief or his designee if the
Lodge intends to use the employer's equipment or property for Lodge 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 his designee to use the
equipment or property will not be withheld without a valid reason.
ARTICLE 4
NONDISCRIMINATION
Section 4.1 Joint Pledge. As provided by law, neither the employer nor the lodge shall
discriminate against any member on the basis of age, sex, race, color, creed, religion, national origin,
disability, political affiliation, or application for or participation in the worker's compensation
program. The provisions of this contract shall be applied equally to all members without regard to
4
any of these factors.
Section 4.2 Employer Pledge. The Employer agrees not to interfere with the right of the members
to become and/or remain Lodge members. There shall be no disparate treatment, interference,
restraint or coercion by the Employer or any representative of the Employer against any member
because of Lodge membership or because of any lawful activity engaged in by a lodge member in
an official capacity on behalf of the Lodge.
..~ Section 4.3 Lodge Pledge. The Lodge, within the terms of its constitution and by-laws, agrees
not to interfere with the desires of any member to become and remain a member of the Lodge, or
`" to refrain from Lodge membership. The Lodge agrees to fairly represent all employees of the
bargaining unit subject to the provisions and procedures of applicable state law.
Section 4.4 Gender Reference. All reference to member in the Agreement designate both sexes, and
whenever the male gender is used, it shall be construed to include both male and female members.
ARTICLE 5
MANAGEMENT RIGHTS
Section 5.1 Management Rights. Except as specifically limited by the provisions of this
Agreement, the Employer shall have the exclusive right to manage the operations, control the
premises, direct the working forces, and maintain efficiency of operation of members.
Specifically, the Employer's exclusive management rights include, but are not limited to, the sole
right to hire, discipline and discharge for just cause, layoff, and promote; to promulgate and
enforce reasonable employment rules and regulations; to reorganize, discontinue, or enlarge the
Division of Police; to transfer members (including the assignment and allocation of work) within
the Division; to introduce new and/or improved equipment, methods and/or facilities; to
determine work methods; to determine the size and duties of the work force, the number of shifts
required, and work schedules; to establish, modify, consolidate, or abolish jobs (or ranks); and to
determine staffing patterns, including but not limited to assignment of members, numbers
employed, duties to be performed, qualifications required, and areas worked. The exercise of the
above listed management rights is subject only to the restrictions and regulations governing the
exercise of these rights as are expressly provided by the provisions of this Agreement and/or as
permitted or provided by applicable law.
A member or the Lodge may raise a legitimate complaint or file a grievance based upon the
provisions of this Article.
ARTICLE 6
LABOR/MANAGEMENT MEETINGS
Section 6.1 Meetings. In the interest of sound labor/management relations, not more than four
(4) representatives of the Employer shall meet with not more than four (4) representatives of the
Lodge to discuss pending issues and/or problems and to promote a more harmonious labor/
management relationship. These meetings will be held at least semi-annually at mutually
agreeable dates and times, but maybe held more often by mutual 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 discussed in the meeting and the names of those
representatives from each party who will be attending. All matters on the agenda requested by
the parties to be discussed, will be discussed. The purpose of such meeting shall be to:
A. Discuss the administration of this Agreement;
B. Discuss grievances, when such discussions are mutually agreed to by the parties;
C. Disseminate general information of interest to the parties;
D. Consider and discuss health and safety matters relating to employees; and
E. Discuss any other items affecting the Labor/Management relationship.
ARTICLE 7
BARGAINING UNIT BUSINESS
Section 7.1 Grievance Representatives. Both the police officers' unit and the sergeants' unit
shall each select two grievance representatives (one of whom shall serve as an alternate in the
absence of the other representative). The selection of these representatives shall be approved by
the lodge president who shall notify the City Manager of their selection and any change thereto.
A grievance representative, upon giving reasonable notice, and upon receiving approval from, his
or her supervisor, shall be released with pay during regular working hours to investigate
grievances, to consult with the Employer in addressing labor/management issues, to process
grievances, or to assist in the settlement of disputes. Permission to perform these functions shall
not be unreasonably denied.
Section 7.2 Negotiating Committee. On days where actual negotiation is scheduled between duly
elected bargaining unit members and the City of Dublin, two (2) duly elected bargaining unit
members will have their work schedules changed 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 Lodge will notify the employer of the
names and normal work schedules of the representatives whose schedules need to be changed prior
to the first scheduled negotiation meeting. No members of the Lodge negotiation committee will
be allowed to attend work sessions of the negotiations committee while on duty if their attendance
would reduce staffing during said time period below minimum staffing levels as set by the Division
of Police. No overtime obligation shall be incurred by the City as a result of any bargaining unit
member attending work sessions or any other sessions related to negotiations. Time spent by a
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bargaining unit member attending work sessions, negotiations, or any other Lodge-related business
outside their scheduled shift, shall not constitute hours worked.
ARTICLE 8
GRIEVANCE PROCEDURE
"" Section 8.1 Definition. A "grievance" is an allegation by one or more members, or the Lodge,
that there has been a breach, misinterpretation, or improper application of this Agreement. It is
"`~''" not intended that the Grievance Procedure be used to make changes in this Agreement, nor in
those matters not covered by this Agreement.
Section 8.2 Jurisdiction. If exclusive administrative relief of a judicial or quasi judicial nature
is provided for by the statutes of the State of Ohio, or of the United States, for review or redress
of specific matters, such matters may not be subject to this Grievance Procedure, or be processed
hereunder. However, the Grievance Procedure, as set forth in this Article, may be utilized by a
member in lieu of appealing a matter to the Dublin Personnel Board of Review. However, once
a member elects to pursue an appeal to the Dublin Personnel Board of Review and the Dublin
Personnel Board of Review takes jurisdiction over the appeal, the member is thereafter precluded
from seeking a remedy under this procedure. Likewise, once a member, with the approval of the
Lodge President, elects to pursue an appeal to arbitration, the member is thereafter precluded
from seeking a remedy through the Dublin Personnel Board of Review.
Section 8.3 Qualifications. All grievances must be presented at the proper step and time in
progression in order to be considered at subsequent steps. The proper step to initiate the
grievance is Step 1, unless the occurrence that gave rise to the grievance originates at another
step. If the occurrence which gave rise to the grievance originates at another step, the grievant
may initiate his grievance at that step at which the occurrence which gives rise to the grievance
originates. A grievance shall be considered withdrawn at any point where the grievant submits a
written statement to that effect, or where time requirements at any step have lapsed without
further appeal by the grievant.
Any grievance not answered by the Employer within the stipulated time limits, maybe advanced
by the grievant to the next Step in the grievance procedure. All time limits on grievances set
forth herein maybe extended only by mutual written consent of the parties.
A grievance may be brought by an aggrieved member covered by this Agreement. Where more
than one (1) member desires to file a grievance involving an incident affecting several members
in the same or similar manner, one (1) member shall be selected by the affected members to
process the grievance. Each aggrieved member who desires to be included in the grievance shall
sign the grievance.
Section 8.4 Grievance Form. A written grievance form, which shall provide the following
information, shall be used in the processing of all grievances:
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• Grievant(s') name(s) and signature(s);
• Date, time and location of grievance;
• Description of incident giving rise to the grievance;
• Article or Section of the Agreement alleged to be violated;
• Date grievance was first discussed;
• Name of supervisor with whom grievance was first discussed;
• Date grievance was filed in writing; and
• Desired remedy to resolve the grievance.
The Lodge shall have the responsibility for duplication and distribution of, and its own
accounting for, the grievance forms. This form may also be used for official business of the
Police Division.
Section 8.5 Grievance Procedure. It is the mutual desire of the Employer and the Lodge to
provide for prompt adjustment of grievances, with a minimum amount of interruption of the
work schedules. Every responsible effort shall be made by the Employer and the Lodge to affect
the resolution of grievances at the earliest possible step. In furtherance of this objective, the
following procedure shall be followed:
A. Step 1 -Informal. The grievant shall orally present the grievance to the grievants
immediate supervisor within ten (10) working days from the time the member becomes
aware of the occurrence which gave rise to the grievance. The immediate supervisor shall
investigate and provide an appropriate answer within seven (7) working days following
an informal meeting at this Step.
B. Step 2 - Chief of Police. If the grievance is not resolved in Step 1 and the grievant and/or
Lodge Grievance Representative wishes to proceed to Step 2, the grievant and/or Lodge
Grievance Representative shall reduce the grievance to writing and shall, within seven (7)
working days of the answer at Step 1, present the written grievance to the Chief of Police
or his designee. In investigating the grievance, the Chief or his designee may meet with
the grievant and Lodge Grievance Representative. The Chief of Police or his designee
shall investigate and respond in writing to the grievant and Lodge Grievance
Representative within ten (10) working days following the presentation of the grievance
to Step 2.
C. Step 3 -City Manager. If the grievance is not resolved in Step 2 and the grievant and/or
Lodge Grievance Representative wishes to proceed to Step 3, the grievant and/or Lodge
Grievance Representative shall present the written grievance to the City Manager or his
designee within seven (7) working days from receipt of the Step 2 answer. The City
Manager or his designee shall investigate the matter and shall meet with the grievant and
Lodge Grievance Representative within ten (10) working days of the receipt of the
grievance. A response shall be sent to the grievant and Lodge Grievance Representative
within ten (10) working days following the meeting at Step 3.
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If a grievance is not satisfactorily resolved at Step 3, the grievant and/or Lodge Grievance
Representative may, with the approval of the Lodge President, submit the grievance to
arbitration. If written notice, from the Lodge President, of intent to file under the
Arbitration Procedure is not received by the City Manager or his designee within fourteen
(14) calendar days following the date of the response outlined in Step 3, the grievance
shall be considered resolved.
D. Step 4 -Arbitration. After receipt of a notice to arbitrate from the Lodge President, a
designee of the City Manager and the Lodge President shall attempt to agree on an
arbitrator. The arbitrator shall be selected by the parties making a joint request to the
American Arbitration Association for a panel list of seven (7) arbitrators with business
addresses in Ohio. The parties shall then choose an arbitrator by alternately striking
names from the list until such time as one (1) name remains as the arbitrator chosen by
the parties.
Prior to beginning the striking procedure, either party may reject the list and submit a
request for another list from the arbitration tribunal. Each party may only reject the list
once. In issuing an award, the arbitrator shall be limited to the enforcement of the
specific provisions of the Agreement. He may not alter, amend, modify, add to or
subtract from the provisions of the Agreement.
The question of arbitrability of a grievance maybe raised by either party before the
arbitration hearing on the grounds that the matter is nonarbitrable or beyond the
arbitrator's jurisdiction. The first question to be placed before an arbitrator will be
whether or not the alleged grievance is within the purview of arbitrability. Thereafter, the
alleged grievance will be heard on its own merits before the same arbitrator.
The decision of the arbitrator shall be final and binding. The arbitrator shall be without
authority to recommend any right to relief on any alleged grievance occurring at any
other time than the agreement period in which the right originated. The arbitrator shall
not establish any new or different wage rates not negotiated as part of the Agreement. In
case of discharge, suspension or reduction, the arbitrator shall have the authority to award
modification of said discipline. Both the Lodge and the Employer shall share equally in
the cost of the arbitration proceedings.
Any member whose testimony is relevant to the arbitration, shall be released with pay to
attend the hearing, provided that the hearing is held during the member's regular work
hours. The expenses of any non-member witnesses shall be borne by the party requesting
the non-member's attendance at the Arbitration Hearing.
The arbitrator shall render in writing his findings and award as quickly as possible within
thirty (30) calendar days after the hearing is closed and post-hearing briefs are submitted.
He shall forward such findings and award to the City Manager, or his designee, and to
the Lodge President, or his designee.
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Section. 8.6 Right to Representation. A grievant has a right to representation in all Steps of the
Grievance Procedure and shall have an opportunity to fairly present the grievance by presentation
of witnesses and/or other pertinent information. The grievant and appropriate witnesses shall be
entitled to be present at any Step in the Grievance Procedure and shall not lose pay as a result of
such attendance, if a meeting is scheduled during working hours. Grievance meetings shall be
scheduled at mutually agreeable times.
Section 8.7 Working Days. For purposes of the Grievance Procedure, working days means the
~ working days of the party who is responsible for initiating an action or responding to a grievance
at the appropriate Grievance Step.
Section 8.8 Extension of Time Limits. It is the Employer's and the Lodge's intention that all
time limits in the above grievance procedure shall be met. However, to the end of encouraging
thoughtful responses at each Step, the Lodge's and the Employer's designated representative may
mutually agree, at any Step, to short time extensions. 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, the member may request that the particular official at the applicable Step respond in
writing. The member will hand deliver a memorandum to both the Chief or his designee and the
Director of Human Resources or his designee requesting such a response. After a written request
is received by the applicable official, the applicable official will then respond within seven (7)
days from the receipt of the memorandum. If a response is not forthcoming within the seven (7)
day period following the written request, the grievance is presumed granted by the City in full
and the City shall implement the requested remedy, except if the requested remedy would
constitute a violation of law.
ARTICLE 9
INTERNAL REVIEW PROCEDURES
.~ Section 9.1 Scope. The investigative procedures set forth in this Article shall be followed
whenever a member is suspected of or charged with an act which could result in disciplinary
.~ action or criminal charges being filed against the member, aside from the informal procedure for
non-serious complaints or alleged non-serious offenses. Any procedural/process elements
pertaining to internal review, which are not specifically addressed in this Article, are addressed in
Division of Police General Order 52.1.1 in effect as of January 1, 1999.
Section 9 2 Informal Process for Non-Serious Complaints or Offenses. In recognition of
the fact that many types of complaints are of a very minor or non-serious nature which can be
resolved at an initial, informal stage, the following procedures can be adhered to where an
informal resolution is likely to occur.
Following the receipt of a complaint and it being reduced to writing by the Chief, a Lieutenant, a
Sergeant, an Officer-In-Charge, or other sworn command staff, an informal process maybe
initiated for resolution of minor infractions or non-serious allegations. The investigating
supervisor, whether a shift supervisor, bureau Commander or Chief, may approach the accused
10
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member and attempt to gather the facts about the allegation from the member. At that time, the
investigating supervisor shall notify the member of the nature of the complaint. If the complaint
cannot be resolved at this informal level, or the accused member elects not to make any
statement, the official investigative procedure will be put into place as identified in the remaining
sections of this Article. If other, more serious allegations other than those initially charged are
raised during the informal investigation, the matter will immediately be transferred to the formal
process and be subject to the progressive discipline. Cases processed and resolved at the
informal level may result in no more than a letter of reprimand, where a review of the action may
be sought by the member. If the matter is not resolved at the informal level, it shall be set for a
meeting and be subject to the principles of progressive discipline.
If the matter is not informally resolved, a meeting shall be set within seventy-two (72) hours at
the direction of the Chief of Police or his designee and with the presence of the accused member
and his/her lodge representative or lodge attorney, if so desired. The purpose of this meeting is
to formally provide the accused member with the complaint in writing. At that time, the
supervisor will again be permitted to gather information pertinent to the complaint from the
accused member with the presence of a lodge representative or lodge attorney.
Section 9.3 Notification. Prior to any questioning, a member shall be informed of the nature of
the investigation (whether disciplinary or criminal) and shall be provided written notice of the
specific factual allegations made against the member (except at the informal level referenced in
Section 9.2 of this Agreement), including a copy of the written complaint. If either felony or
misdemeanor charges are contemplated, the member shall be informed of his/her constitutional
rights in advance of any questions.
Section 9.4 Right to Representation. All questioning sessions shall be scheduled so that the
member has an opportunity to obtain representation from the Lodge. The Lodge representative
or Lodge attorney shall be permitted to be present at any questioning and shall be afforded a
reasonable opportunity to consult with the member during questioning.
Section 9.5 Conduct of Ouestioning. As used in this Article, questioning refers to any
~. investigation, internal affairs interview, or interrogation where the member is to be questioned.
The following rights are accorded to the member subject to questioning:
A. Any questioning of a member will be conducted at hours reasonably related to the
member's shift, preferably during the member's working hours. Such sessions shall be for
reasonable periods of time, and time shall be allowed during such questioning for rest
periods and for a member's attendance to physical necessities.
B. Before a member maybe charged with insubordination or like offenses for refusing to
answer questions or participate in any investigation, he shall be advised that such
conduct, if continued, may be made the basis for such a charge; except that a member
who refuses to answer questions or participate in any investigation shall not be charged
with insubordination or like offense for such refusal as premised on an exercise of his/her
constitutional rights in a criminal matter.
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C. Except at the informal level as referenced in Section 9.2, the Employer shall make
reasonable attempts to tape record or get a written statement from the affected member
and any potential witnesses to the matter under investigation. Tapes may also be made of
the member's interview by the member and/or his/her Lodge Representative or Attorney.
The member and his/her Lodge Representative or Lodge Attorney will be afforded the
opportunity, upon written request directly to the Chief or his/her designee, to listen and to
make personal notes regarding a tape or written statement.
D. Any statements or evidence obtained in the course of questioning through the use of
threats, coercion or promises other than notification that the member maybe charged with
insubordination, shall not be admissible in any subsequent criminal action or internal
proceeding. However, explaining to a member that potential corrective action could
result if the member continues to refuse to answer questions or participate in an
investigation, shall not be considered as such threats, coercion or promises, subject to
provisions of this subparagraph.
E. In the course of questioning, an employee may only be given a polygraph examination
with his/her 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 employee.
Section 9 6 Access to Tapes and Documents. Once the investigation is completed, and no
later than two (2) days after requested and reasonably in advance of any pre-disciplinary
conference, the member who is subject to questioning; and his or her Lodge representative or
Lodge attorneywill be provided access to transcripts, records, written statements, and tapes
pertinent to the investigation, including transcripts of questioning and responses to polygraph
examination.
Section 9.7 Application. Sections 9.4 and 9.5 shall be applicable to any member interviewed as
a witness to a matter under investigation pursuant to this Article, unless the investigation is
~,,. relating to criminal charges. Such a member shall also be advised prior to any questioning of the
nature of the investigation (whether disciplinary or criminal) and shall be provided a summary of
the complaint and any other such additional factual information relative to the complaint as
deemed appropriate in order to accomplish the investigation.
Section 9.8 Citizen Complaint. In order for a citizen complaint to be considered as possible
grounds for disciplinary action, it must be reduced to writing and signed by the citizen within
thirty (30) calendar days after the date of the alleged event complained of. If the incident alleges
conduct which, if true could lead to criminal charges, the thirty (30) day requirement shall not be
applicable.
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ARTICLE 10
DISCIPLINE
Section 10 1 Discipline for Cause. The tenure of every member shall be during good behavior
and efficient service. No member shall be reprimanded, suspended, reduced in pay or rank, or
removed, except for grounds stated in this Agreement. The Employer may take disciplinary
action against any member only for just cause. The Employer may take this type of action while
the member is on duty; working under color of employment for the Employer; or off-duty
,,,,,, representing himself or herself as a member of the Division or while engaged in conduct that
' might affect the member's ability to perform his or her duties. The member may not be
disciplined for actions on his or her own personal time that do not reflect directly on the
Division, or do not violate any State or Federal statutory provisions, or off-duty employment
Divisional Standards of Conduct, Rules and Regulations. Incompetency, inefficiency,
dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment or neglect of
duty, absence without leave, or any conduct unbecoming an officer, or any other acts of
misfeasance, malfeasance or nonfeasance, or violations of any Dublin Division of Police General
Orders, shall be cause for disciplinary action and may subject a member to disciplinary action.
Section 10 2 Progressive Discipline. Except in instances where a member engages in serious
misconduct, discipline will be applied in a progressive manner. Progressive discipline shall take
into account the nature of the violation, a member's record of discipline, and the member's
record of conduct.
Ordinarily, progressive disciplinary action will involve an oral reprimand before a written
reprimand, a written reprimand before a suspension, and a suspension before reduction in pay or
rank or removal for a repeated or related offense. The commission of a repeated or related
offense for which an oral reprimand has been given permits, but does not require, the Employer
to issue a written reprimand. Should a written reprimand be issued, the Employer is permitted,
but not required, to issue a suspension for the commission of a related offense of the same nature.
,,,~, Should a suspension be issued, the Employer is permitted, but not required, to reduce in pay or
rank or remove the member for the commission of a repeated offense of the same nature.
""" In all instances of discipline, the Employer shall only impose a disciplinary penalty
commensurate with the offense, which, where practicable, may assist the member in correcting
whatever action or behavior is deemed inappropriate. Nothing herein precludes the Employer
from utilizing positive steps, including counseling, to correct a member's inappropriate action or
behavior.
When disciplinary action is first proposed, the member or his or her Lodge Repesentative will be
allowed an opportunity, if requested, to meet with the appropriate supervisor or discuss the
proposal.
Section 10 3 Disciplinary Action. The prerogative to issue oral reprimands and written
reprimands is solely within the Divisional Chain of Command. In any instance where the
possibility exists for oral or written reprimands to be issued for actions occurring while an OIC
13
(Officer-In-Charge) is the supervisor, the OIC shall take immediate remedial corrective action to
ensure that normal shift operations continue in a proper manner. The incident shall then be
documented and forwarded to the normal shift supervisor for review and appropriate action. If
the normal shift supervisor is unavailable for a period of 48 hours or longer following the
incident, said documentation will be forwarded to the Operations/Services Bureau Commander
for review and appropriate action. The OIC, in his or her report, shall document the operational
corrective action taken and any relevant facts regarding the precipitating incident. The OIC may
also recommend follow-up action to be taken by the supervisor. Where there is reason to believe
that a member is guilty of an offense which might lead to suspension, reduction in pay or rank,
demotion, or removal, the Chief has the responsibility to prefer charges and the proposed penalty
against the member, which charges shall be heard in aPre-Disciplinary Conference, as
established in Section 10.4. In preferring charges, the Chief shall provide the member with
written notice of the charges and provide the member access to all evidence supporting the
charges.
Section 10.4 Pre-disciplinary Conference. When charges are preferred by the Chief, aPre-
disciplinary Conference shall be scheduled to give the member an opportunity to respond to the
charges. Pre-disciplinary Conferences will be conducted by the City Manager, or designee.
Not less than three (3) working days prior to the scheduled Pre-disciplinary Conference, the
Chief will provide the member with written notice of the preferred charges. The member may
choose to: 1) appear at the Conference to present an oral or written statement in his or her
defense; 2) appear at the Conference with a Lodge representative or Lodge attorney; or 3) elect to
waive (in writing) the opportunity to have aPre-disciplinary Conference.
At the Pre-disciplinary Conference, the City Manager, or designee, will ask the member or the
member's Lodge representative or Lodge attorney to respond to the preferred charges. At the
Pre-Disciplinary Conference, the member, or his or her Lodge representative or Lodge attorney,
shall be permitted to offer testimony and evidence in the member's defense, call witnesses
material to the member's defense, and confront the member's accusers. The member or his or
her Lodge representative or Lodge attorney shall provide a list of witnesses to the City Manager,
or designee, as far in advance as possible, but no later than one (1) working day prior to the Pre-
disciplinary Conference. It is the member's responsibility to notify his or her witnesses that he or
she desires their attendance at the Pre-disciplinary Conference.
A written report will be prepared by the City Manager, or designee, summarizing the findings of
fact and disciplinary penalty to be imposed, if any. A copy of this written report will be provided
to the member or his or her Lodge representative within ten (10) working days following the
Conference. Pre-Disciplinary Conferences shall be tape-recorded. A copy of the recording shall
be furnished to the member or his Lodge representative or Lodge attorney, upon request, within
forty-eight (48) hours of the close of the Conference. The member may also record the
Conference.
Any imposition of discipline shall be accomplished in such a manner that will not embarrass the
member before other members or the public.
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Section 10.5 Appeal. A member may elect to appeal the disposition made by the City Manager
or designee directly to arbitration, with the approval of the Lodge President, as provided in
Section 8.5 D. of this Agreement or, where applicable, to the Dublin Personnel Board of Review.
Written notice of the Lodge's intent to file an Arbitration must be received by the City Manager,
or designee, within fourteen (14) calendar days of the City Manager's, or designee's, written
determination.
ARTICLE 11
PERSONNEL FILES
Section 11.1 Unfavorable/Inaccurate Documents. If an unfavorable or inaccurate statement or
notation is placed in the official personnel file, the member shall be given the right to place a
statement of rebuttal or explanation in his or her file.
Section 11.2 Copies of Records in Personnel Files. A copy of any record or document which
has been placed in and/or removed from the member's personnel file shall be provided to the
member at the time of its placement or removal, except where the record or document originates
from the member or has been otherwise provided to the member. If removed, the copy shall be
signed and dated. No anonymous material of any type shall be included in the member's official
personnel files, or files of any type. Any record, in any file created by the City, except those
deemed confidential by Ohio Public Records Act, shall be accessible to the bargaining unit
member upon request.
Section 11 3 Duration of Counselin~Statements/Disciplinary Records. In lieu of disciplinary
action a member may receive a counseling statement directed to correct a work deficiency or to
improve work performance. Counseling statements and documented oral reprimands maybe
retained for no more than one (1) year from date of issuance by either the Chief or a supervisor,
outside of the member's personnel file. Counseling statements and documented oral reprimands
shall cease to have any further force and effect for future disciplinary action no later than six (6)
months from date of issuance or when the Division of Police has official knowledge of the
incident which gave rise to the counseling~discipline, whichever is later, provided that no further
repeated or related offenses have occurred resulting in disciplinary action; however such
counseling statements and documented oral reprimands maybe used within one (1) year of
issuance for performance evaluation purposes. Counseling statements and documented oral
reprimands are subject to removal from the Chiefs or other supervisor's files one (1) year after
issuance; however, it shall be the individual member's responsibility to review the files and
identify the documents subject to removal. Written reprimands shall be maintained in the
member's personnel file. A written reprimand shall be removed from an employee's personnel
file no later than one (1) year after issuance, provided no further repeated or related offenses have
occurred. Written reprimands shall cease to have any further force and effect no later than one (1)
year after the date of incident or when the Division of Police has official knowledge of the
incident which gave rise to the discipline, whichever is later, provided that no further repeated or
related offenses have occurred resulting in disciplinary action.
15
In the event a repeated or related offense occurs during the appropriate time limit(s), the initial
reprimand shall be maintained in the employee's personnel file for the duration of the time period
for which the most recent documented disciplinary action will remain in effect for purposes of
disciplinary action. Documentation of repeated offenses shall continue for appropriate time
limit(s) of the latest reprimand of a same or related nature.
Any suspension of less than thirty (30) days shall be removed from an employee's personnel file
after a period of three (3) years from the date of its issuance, provided no further corrective
action of the same or related nature has occurred in the interim period. In those cases where
further corrective action occurs of the same or a related nature, the first suspension will remain in
the file for an additional one (1) year period.
Written reprimands and suspensions which are subject to removal from an employee's personnel
file shall be removed only upon request of the employee. The removed documents shall be
marked for destruction by the Director of Human Resources/Procurement and be forwarded
directly to the City's Records Management Officer for actual destruction. Upon destruction, the
City's Records Management Officer will issue and forward a certificate of destruction to the
Director of Human Resources/Procurement who will in turn provide a copy of the certificate to
the employee.
Section 11.4 Review of Personnel Files. Every member shall be allowed to review his or her
personnel file at any reasonable time upon written request to the Division of Human Resources.
Access to personnel files will be governed by Ohio law. However, if a file is requested, the
Employer will make a reasonable attempt to notify the affected member. The affected member
will then be given immediate access to his or her personnel file no later than the next business
day after the request. The Employer will make every effort to ensure that the file is reviewed by
the member before granting the public request. In the event a member wishes to allow a Lodge
Representative or Lodge Attorney to review his or her file, the member shall provide appropriate
written notification to the Division of Human Resources authorizing the review of his or her file,
prior to such review taking place. Appropriate notification shall consist of a written statement
signed by the member whose file is to be reviewed.
ARTICLE 12
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 members in advance of their enforcement. Any charge by an
member that a work rule or Divisional Directive is in violation of this Agreement, or has not been
applied or interpreted uniformly to all members, shall be a proper subject for a grievance.
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ARTICLE 13
POLITICAL ACTIVITY
Section 13.1 Political Activity. In addition to other rights permissible by law:
A. A member may participate in the Lodge's Political Screening Committee where such
participation is directed towards the endorsement and support of partisan political
candidates solely on behalf of the Lodge, provided that the member undertakes such
participation while off-duty, while not in identifiable uniform, and does not represent that
his participation is either undertaken in his official capacity as a member of the Employer
or is sanctioned by the Employer.
B. A member is permitted outside the City of Dublin to actively participate in partisan
political activity, provided that a member undertakes such activity while off-duty, not in
identifiable uniform, and does not represent that such activity is either undertaken in his
official capacity as a member of the Employer or is sanctioned by the Employer.
C. A member is permitted within the City of Dublin to exercise his/her rights as a citizen to
express his/her personal opinions and to cast his/her vote. However, a member shall not:
orally or in writing solicit or in any manner be concerned with soliciting any
assessment, subscription or contribution of any type for any political party or
political purpose whatsoever from any person holding a position in the service of
the Employer;
2. make any contribution to the Campaign funds of any candidate for a City of
Dublin elective office for the actual or apparent purpose of influencing said
persons or receiving favors of any nature from said persons; and,
3. become actively involved in the elective process or campaigns for any City of
Dublin elective office, except as would be applicable under paragraph A of this
Section.
ARTICLE 14
SENIORITY
Section 14.1 Seniorit~Defined. For purposes of this Agreement, "seniority" shall be defined as
total continuous service as a regular full-time sworn member of the Division. Seniority shall
commence on the date an individual becomes employed as a Police Officer. Continuous service
shall reflect the uninterrupted service of a member as calculated by years/days of service.
Continuous service shall be interrupted only when a "break in service" occurs. A "break in
service" only occurs in the following instances:
A. Separation because of resignation, except where a member is rehired within thirty (30)
17
days of resignation;
B. Removal;
C. Failure to return from an authorized leave of absence;
D. Failure to respond to a notification of recall.
As established in Section 14.1 (main paragraph) above, seniority shall commence on the date an
. individual becomes employed as a regular full-time sworn Police Officer; however, should more
than one (1) individual be hired on the same day, seniority preference will be determined by the
individual's written test score from the selection process. An individual with a higher written test
score shall always receive seniority preference over an individual with a lower written test score.
Previous methods for determining seniority prior to the effective date of this Agreement shall
not be affected.
A "break in service" shall not occur if a member is reinstated due to the disaffirmance of removal
or layoff. A member who has a "break in service" and who is subsequently rehired or reinstated,
shall not receive continuous service credit for the time spent during the "break in service";
however, the member shall receive continuous service credit except for the period in time in
which the "break in service" occurred.
Section 14.2 Application of Seniority. When vacation leaves are to be scheduled on an annual
basis or where casual leave is to be scheduled, and where in these instances there are two (2) or
more members with the same request, the member with the highest seniority shall be granted the
request, if the request is granted at all.
Section 14.3 Filling of Job Assignments. Whenever a vacancy occurs in full-time specialized
assignments, the Division shall post a Job Assignment opening for fifteen (15) days and shall
allow any interested member within the same rank to apply within the posting period. The
Division shall provide notice on the job posting as to any specialized training and/or technical
skills which will be required for the assignment once the assignment is made. In filling the job
assignment, the Division shall give consideration to all applicants who apply. The following
criteria for selection shall be used: ability, work performance, and seniority based upon time in
rank. Where ability and work performance are relatively equal in the opinion of the Chief,
seniority based upon time in rank shall be the deciding factor.
Section 14.4 Filling of Shift Assignments. Assignments to shifts and shift slots shall be posted
for fifteen (15) days and shall be made by means of seniority based upon time-in-rank, unless the
Chief determines that the effective operation of the Division dictates that seniority not be the
determining factor for shift assignments and shift slots. Members shall be given at least fifteen
(15) days notice of a change in permanent shift assignments or shift slots. Members at the rank
of Police Officer who are serving in their original appointment probationary period shall not have
an opportunity to compete for new shift assignments or shift slots until the first posting
procedure after the conclusion of said probationary period.
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Section 14.5 No Posting Response. In instances where job assignments, as set forth in Section
14.3, or shift assignments, as set forth in Section 14.4, are posted and no members respond to the
posting, the Chief reserves the discretion to make such assignments based upon the needs of the
Division.
Section 14.6 Patrol Scheduling Standards. Effective February 1, 2000, the following
standards shall apply to scheduling of Officers in Patrol assignments:
A. Regular Non-Rotating Shift
Each Officer shall be assigned to anon-rotating shift. The shift assignment shall include
regularly assigned consecutive hours of work during a workday, regularly assigned
consecutive workdays, and regularly assigned consecutive days off. "Regular Shift", for
purposes of Section 14.6, shall be defined as the Officer's normally assigned schedule as
determined by either the annual bidding process conducted prior to the beginning of each
calendar year, or as assigned by the Chief for new hires during the year (as identified in
Section 14.4.).
B. Reassignment of Hours. Workdays, or Da~Off
Regularly assigned hours of work, regularly assigned workdays, or regularly assigned days
off may only be varied as follows:
For training purposes, with at least seven (7) days notice in advance of any such
reassignment;
2. At the Officer's voluntary request;
3. In unforeseen emergency situations, including coverage for absences often (10) working
days or more;
4. In the case of sick leave call-offs, in which case the Division retains the right to hold
Officers over from the previous shift, or call Officers in early in advance of their
scheduled shift. Every reasonable effort will be made to limit the duration of an Officer's
hold-over or call-in to four (4) hours or less.
5. To accommodate the request of another Officer whose request for time off has been
granted, provided that a) the reassignment is made with at least seven (7) days advance
notice, b) that without the reassignment minimum staffing would not be maintained, and
c) that reassignments are equitably distributed among all Patrol Officers.
The provisions of this paragraph shall apply to Sergeants in patrol assignments.
C. Time Off Between Shifts
During the workweek, each Officer shall be afforded at least twelve (12) hours off duty from
the end of any shift (and any contiguous overtime thereto) to the beginning of his/her next
shift (and any contiguous overtime thereto). This twelve (12) hours of time off may only be
19
.~.
waived with the Officer's agreement and/or subject to the exceptions set forth in paragraph
(E) of this Section.
D. Days Off
Each Officer shall receive at least sixty (60) hours of time off from the last day ofhis/her
next workweek (and any contiguous overtime thereto) to the beginning day of his/her next
workweek (and any contiguous overtime thereto). This sixty (60) hours of time off may only
be waived with agreement of the Officer and/or pursuant to the exceptions in paragraph (E)
of this Section.
E. Exceptions
Paragraphs C. and D. above shall not apply in the following cases:
1. Not greater than seven (7) Special Events, including but not limited to: St. Patrick's Day,
Dublin Irish Festival, Independence Day, and the Memorial Tournament.
2. Court Appearances.
3. City required and voluntary training.
4. Unusual special details (e.g. traffic control for major capital improvement projects,
security details, etc.).
5. Unforeseen emergency situations, which would not include sick leave mark-offs.
ARTICLE 15
EMPLOYEE ASSISTANCE PROGRAM
Section 15.1 Employee Assistance. The Employer and the Lodge recognize that a wide range
of personal difficulties/problems in the lives of members may affect work performance and that
most personal difficulties/problems can be successfully resolved provided they are identified and
referred to an appropriate source of assistance. The Employee Assistance Program (EAP) is
provided by the Employer to assist members and their family members in dealing with a wide
range of personal difficulties/problems. This range of personal difficulties/problems may include
mental, emotional, financial, family, marital, employment-related stress, drug abuse, alcoholism,
legal, elder-care/aging, spiritual, career, illness/disability, or other such difficulties/problems.
The purpose of the EAP shall be to help members and their immediate family members deal with
the kinds of difficulties and problems identified above by linking them with resources that can
provide appropriate help; to reduce job performance problems; and to retain valued members.
When a member or someone in his/her immediate family is experiencing a problem, whether or
not such problem affects the member's job performance, the member and/or immediate family
members are strongly encouraged to seek assistance through the EAP.
Section 15.2 Coverage Terms & Conditions. Under the coverage terms of the EAP, members
and/or their immediate family members shall each be entitled to unlimited assessment and
referral and a maximum of three sessions per problem, at no cost to the member or family
member, for problems amenable to short-term counseling intervention. Members and/or family
members are encouraged to access available benefits, as provided by the City medical benefits
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0
program, for counseling/treatment beyond the three session limit.
Section 15.3 Other EAP Terms & Conditions. The Employer and the Lodge agree that:
A. Participation in the EAP shall be strictly voluntary. However, members and their
immediate family members who have problems they feel may affect their health, well-
being, and/or the member's job performance, are encouraged to contact the EAP.
B. Members and their immediate family members shall receive an offer of assistance to help
resolve such problems in an effective and confidential manner. All EAP issues shall be
handled in a confidential manner by the EAP provider consistent with federal and state
law. No information concerning the nature of individual personal problems will be
released without proper written consent from the Member and/or immediate family
member.
C. Nothing in this Article shall be interpreted as constituting a waiver of the Employer's
responsibility to maintain discipline or its right to take disciplinary action in accordance
with provisions of this Agreement. Normal disciplinary procedures shall remain
unaltered and use of the EAP shall not alter the responsibility of members to maintain an
acceptable level of performance or acceptable behavior/conduct.
D. EAP-related appointments scheduled during normal work hours shall be scheduled within
the framework of the Employer's existing leave policies. Depending on the
circumstances involved, one or more forms of leave maybe appropriate to attend such
appointments (i.e. sick, vacation, compensatory time, personal, etc.). Due to existing
procedures requiring the member to provide a reason justifying the use of sick leave, the
member may not wish to use said leave for such appointments, as providing a reason for
the usage of said leave may disclose information the member wishes to remain
confidential. If the member chooses to request sick leave, he is hereby advised that in
providing a justifiable reason for sick leave usage, he is voluntarily disclosing
information. Members are hereby advised that if this is a concern, they should request
another form of leave where providing a reason for said leave usage is not required (i.e.
vacation leave, compensatory time, personal leave, etc.), or seek to schedule EAP-related
appointments outside of normal work hours. Flexible appointment hours shall be made
available to members by the EAP provider.
E. Supervisory personnel may encourage the use of the EAP, recognizing the fact that many
job performance difficulties may be related to a personal problem. However, supervisory
personnel shall refrain from diagnosing personal problems or recommending specific
solutions other than referral to the EAP.
F. Supervisory training is critical to the success of the EAP. In that regard, the Employer
will provide supervisory training, to be scheduled at the discretion of the Employer, to
enhance the knowledge of supervisory personnel concerning the proper methods to be
used when dealing with a member who is experiencing personal orwork-related distress.
21
G. The Employer shall reserve the right to contract, at its sole discretion, with the
company/organization of its choice that will, in its judgement, provide the most cost
effective, meaningful, and responsive service to the Employer and members.
ARTICLE 16
LAYOFFS
Section 16.1 Action. When the Employer determines that a temporary layoff is necessary, the
Employer will notify the affected members forty-five (45) days in advance of the layoff. The
youngest member in point of service shall be first laid off and any layoffs thereafter shall be by
reverse seniority. The Employer agrees to discuss with the Lodge the impact of the layoff on
members prior to the Employer's notification to the affected members.
Section 16.2 Recall and Reinstatement. When members are laid off, the Employer shall create
a recall list. If a recall list exists when a vacancy occurs, the Employer shall recall members
from such list prior to attempting to fill such vacancy with a new appointment. The recall shall
be according to seniority beginning with the most senior member and progressing to the least
senior member. A member shall be eligible for recall for a period of three (3) years after the
effective date of the layoff.
Notice of recall from a layoff shall be sent to the member by certified mail with copies to the
Lodge. The mailing shall be to the last mailing address provided by the member and the member
has an obligation to keep the Employer advised of this current mailing address.
The recalled member shall have fourteen (14) calendar days following the receipt of the recall
notice to notify the Employer of his intention to return to work and shall have forty-five (45)
calendar days following the receipt of the recall notice in which to report to duty, unless a
different date is otherwise specified.
ARTICLE 17
MISCELLANEOUS
Section 17.1 Safe Equipment. The Employer shall furnish and shall maintain, in good working
condition, the necessary tools, facilities, vehicles, supplies and equipment required for members
to safely carry out their duties. Members are responsible for reporting unsafe conditions or
practices, for avoiding negligence, and for properly using and caring for tools, facilities, vehicles,
supplies, and equipment provided by the Employer.
Section 17.2 Agreement Conies. As soon as is possible following the signing of this
Agreement, the Employer and the Lodge shall have printed sufficient copies of this Agreement.
The actual cost of printing this Agreement, and any future printing beyond the copies specified
herein in an amount the parties may later agree as necessary, shall be shared equally by the
22
parties. The Lodge shall be responsible for distributing copies to current members and the
Employer shall be responsible for distributing copies to new members who are hired during the
term of this Agreement.
Section 17.3 Mail. Mail which is addressed to a member shall not be opened by anyone other
than the member to whom it is addressed, unless the member has specifically provided written
authorization to the contrary or it is reasonable to assume that the contents of the mail may relate
to awork-related court appearance or deposition. If someone other than the member to whom
the mail is addressed opens the mail, they will sign their name, date and time on the outermost
piece of that mail. Mail that is not work-related shall not be sent to a member at any public
facility operated by the Employer. Members will not be responsible for any non-work-related
mail that they did not initiate.
Section 17.4 Reimbursement for Expenses and Travel. A member, whenever authorized to
engage in or to undertake official business for the Employer, shall be reimbursed for reasonable
and necessary expenses and travel. If practicable, the member shall be allowed the use of one of
the Employer's vehicles for travel. If not practicable, reimbursement for authorized use of a
personal automobile will be at the current rate established by the Internal Revenue Service (IRS).
It is recognized that the Employer has the right to promulgate reasonable regulations pertaining
to reimbursement for expenses and travel. Where overnight lodging is provided at the
Employer's expense, a member will only be reimbursed for mileage to and from the training
facility on one occasion each way unless otherwise approved or directed by the Chief. All other
travel is considered to be non-work-related and non-reimbursable.
ARTICLE 18
SUBSTANCE ABUSE AND TESTING
Section 18.1 Purpose. The Employer and the Lodge recognize that the ability of a Member to
properly perform his or her duties depends, in part, on a workplace which is free of substances
abuse. In an effort to promote public safety, to provide Members who maybe drug or alcohol
•~~ dependent with an opportunity for treatment and for remaining productive Members of the
Division of Police, and in recognition that substance abuse is a problem which, depending on
individual circumstances, may require intervention, rehabilitation, or discipline, it is the purpose
of this Article to provide a method for responding to the risks presented by the presence of
substance abuse in the workplace by:
• dealing with incidents of substance abuse which present a reasonable likelihood of significant
risk to Members; the general public, or other employees of the Employer;
• providing assistance to a Member with drug or alcohol dependency problems; and
• disciplining a Member whose satisfactory work performance is adversely affected by
substance abuse.
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Section 18.2 Responsibility. Although it is the responsibility of every Member to be alert to
potential incidents of substance abuse in the workplace, it is the primary responsibility of
supervisors to initially respond to such incidents, particularly where circumstances are present
which pose a reasonable likelihood of significant risk to the public safety. Supervisors shall take
such action, not inconsistent with this Article, as they deem appropriate to eliminate the
likelihood of significant risks associated with any incident of potential substance abuse.
Section 18.3 Definitions. The following definitions shall govern this Article:
~,,, • Under the influence" means that the Member is adversely affected in the satisfactory
performance of his or her duties by any illegal drug or alcohol, or the combination of any
illegal drug and alcohol.
• "Legal drug" means prescribed drugs or over-the-counter drugs which have been legally
obtained for the user and are used for the purpose for which they were prescribed and
manufactured.
• "Illegal drug" means any drug (1) which is not legally obtainable, or (2) which is legally
obtainable but has not been legally obtained and prescribed drugs not being used for
prescribed purpose.
• "Reasonable belief' is an articulated belief that a Member is using illegal drugs or misusing
alcohol such that the Member's work performance is adversely affected by the presence of
alcohol or illegal drugs. This articulated belief must be drawn from specific and
particularized objective behavior and conduct exhibited by the Member, and reasonable
inferences therefrom. Reasonable belief may be based upon a Member's slurred speech,
odor, disorientation, abnormal appearance, conduct or behavior, or other observable cause.
Section 18.4 Prohibited Conduct. For purposes of this Article, no Member shall, while
~"""'" performing his or her duties for the Employer, while in the Employer's facilities or vehicles,
while in uniform, during their on-duty meal period, or while off-duty in public when wearing any
city-issued apparel which clearly identifies them as employees of the City of Dublin:
• Be under the influence of alcohol; or
• Use or be under the influence of any illegal drug, or while using any legal drug be
impaired to the point that he or she cannot satisfactorily perform his or her assigned
duties; or
• Unlawfully use, sell, purchase, transfer or possess an illegal drug.
Section 18.5 Reasonable Belief Testing. A Member shall be tested for alcohol or illegal drug
usage when there is a reasonable belief that his or her satisfactory work performance is adversely
affected by the presence of alcohol or illegal drugs in his/her system.
24
Section 18.6 Testing Determination. Upon determining that a Member must submit to testing
(whether urinalysis for drugs or breath for alcohol) because reasonable belief has been
established, the supervisor shall give the Member an opportunity, prior to the test, to request the
presence of or to seek the advice from a Lodge representative. The Member and the Lodge
representative, if available, shall be given an opportunity to communicate any information or
other explanation relevant to the circumstances to the supervisor. The supervisor shall then
determine, after considering all of the circumstances, whether the test shall be administered. If
the supervisor determines that a test shall be given, testing shall take place immediately after
discussion with the Member and the Lodge representative, if available, but no more than one
hundred and twenty (120) minutes after the reasonable belief determination has been made,
whichever is sooner. Should a Lodge representative not be readily available and the supervisor
believes time is critical in determining whether or not the member is impaired, the supervisor
may direct the member to submit to testing immediately. The Lodge representative, if available,
may accompany the Member to and be present with the Member at the collection testing site.
Section 18.7 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 "HHS: Mandatory Guidelines for Federal Workplace Drug Testing
Program" initially published on April 1 1, 1988 in 53 Federal Register 11970. The Employer shall
contract with a certified laboratory for the collection, processing and testing of urine samples.
Where the Member provides a sufficient urine sample at the time of the original sample
collection, this sample shall be split and placed in two (2) separate containers at the collection
site. In the presence of the Member at the testing site, and without ever leaving his or her sight,
each urine sample taken shall be placed in two sterile screw-capped, self-sealed, tamper-resistant
urine collection containers which shall each be sealed and labeled and then initialed by the
Member. The collection of urine samples shall allow individual privacy unless there is reason to
believe that the Member being tested may alter or substitute the specimen to be provided. The
sample within the first container shall be sent, by the most expedient means available, to the
testing laboratory as soon as practicable on the day of the test. The sample within the second
container shall also be sent, by the most expedient means available, to the testing laboratory
-~ where it shall also be stored in accordance with all applicable Federal guidelines and regulations.
Section 18.8 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 Member. 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 Member will be contacted directly by the Medical Review Officer (M.R.O.) at the Human
Factor and will be given the opportunity to explain the reasons for a positive test result. Should
the Member offer an explanation that in the judgement of the M.R.O. sufficiently explains the
positive test result, the M.R.O. will consider the results as negative and the Employer will not be
25
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 the Employer shall be so notified directly. This refusal to
submit to testing shall then subject the member to appropriate disciplinary action.
Section 18.9 Drug Test Results. If the test results are positive and the Member 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/Procurement, or in his absence, his designee, shall be notified and
the Director shall in turn contact the Member. The Member must then decide whether or not he
or she wishes the sample within the second container stored at the initial collection site to be
tested. If the Member so requests, then the sample within the second container shall be tested by
the Employer using a second certified laboratory, subject to the testing procedure set forth in
Section 18.8 of this Article.
If the Member does not request the testing of the sample within the second container after the
sample within the first container tests positive or if the Member requests the testing of the sample
within the second container and it is also tests positive for an illegal drug, rehabilitative or
disciplinary action shall be taken. As previously established in Section 18.8, any member
receiving a "refusal to submit to testing" result due to masking agents being found his sample,
shall be subject to appropriate disciplinary action.
Section 18.10 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 18.11 Alcohol Testing Procedure and Results. The Breath Alcohol Technician (BAT)
shall administer an initial breath test via the Evidential Breath Testing (EBT) device. If the
initial test results in a reading of less than 0.02, the test shall be recorded as "negative". If the
initial test results in a reading of 0.02 or greater, a confirmatory test shall be administered. Prior
to the administration of a confirmatory test, there shall be a 20-30 minute waiting period to
ensure that the presence of mouth alcohol from the recent use of food, tobacco, or hygiene
products does not artificially raise the test result. Should the confirmatory test result be different
from the initial test result, the confirmatory test result shall be deemed the final result, upon
which any disciplinary/corrective action shall be based. A test result of 0.02 or greater on the
confirmatory test shall subject the member to appropriate disciplinary/corrective action.
Section 18.12 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
Member who voluntarily seeks assistance with a drug or alcohol dependency problem shall not
be required to, but may, submit to a test and shall be initially referred to the EAP, without any
disciplinary action being taken and without any requirement for follow-up random testing.
26
A positive test result for alcohol or illegal drug usage may result in appropriate discipline to a
Member where the Member's satisfactory work performance has been adversely affected by
substance abuse.
Any discipline to be imposed shall be for just cause and shall take into account all facts and
circumstances, including the need for testing, the Member's desire for and progress in
rehabilitation, and the Member's past work performance.
Any action taken pursuant to this Article including any positive test results, shall not be used as
evidence or otherwise in any criminal proceeding against the Member.
If a Member accepts a referral to the EAP for assessment as the result of a positive drug or
alcohol test as a result of being required to submit to a test or as a result of a refusal to submit to
testing, he or she must comply with any recommendation made by the EAP Drug and Alcohol
Counselor resulting from the assessment, as a condition of continued employment. The Member
shall further be subject to follow-up random drug or alcohol testing for a period of up to one (1)
year from the date of completion of the rehabilitation program. Failure to comply with any of the
conditions associated with the recommendation of the EAP Drug and Alcohol Counselor, the
conditions associated with the rehabilitation program, and random testing as specified above may
result in discipline of the Member.
ARTICLE 19
RATES OF PAY/WAGES
Section 19.1 Wages. Effective January 1, 1999 through December 31, 1999, the following wage
structure shall be in place for members of the bargaining units:
Rank Step 1 Step 2 Step 3 Step 4
Police Officer $33,129.86 $38,020.57 $42,913.84 $49,362.55
Sergeant $57,014.79
Effective January 1, 2000 through December 31, 2000, the following wage structure shall be in place
for members of the bargaining units:
Rank Step 1 Step 2 Step 3 Step 4
Police Officer $34,455.05 $39,541.39 $44,630.39 $51,337.05
Sergeant $59,295.38
Effective January 1, 2001 through December 31, 2001, the following wage structure shall be in place
27
for members of the bargaining units:
Rank Step 1 Step 2 Step 3 Step 4
Police Officer $35,833.25 $41,123.05 $46,415.61 $53,390.53
Sergeant $61,667.20
Section 19.2 Appointment and Advanced Step Hiring. The City Manager, when making
~. appointments to the rank of Police Officer, shall be authorized to recognize the past experience of
applicants in determining their placement within the step system.
Section 19.3 Step Advancement. For Police Officers, step advancement shall occur to Step 2 after
one (1) year of continuous service in Step 1. Step advancement to Step 3 shall occur after one (1)
year of continuous service in Step 2. Step advancement to Step 4 shall occur after one (1) year of
continuous service in Step 3.
Section 19.4 Application of Pay Rates. The rates of pay set forth in Section 20.1 are based on full-
time employment of forty (40) hours in a work week and 2,080 hours in a work year. These rates
shall be used to calculate wages for hours in paid status for the appropriate pay range and step. "Paid
Status" shall include all hours of approved paid leave including holiday, vacation, injury, military,
and sick leave.
Section 19.5 Longevity Pay. All Members shall receive, in addition to the pay rates established
in Section 20.1, a longevity payment based upon completed years of service with the City according
to the following schedule.
The following schedule shall be effective January 1, 1999:
Completed years of Service Amount
Four (4) through six (6) years $ 550.00
Seven (7) through ten (10) years $ 725.00
Eleven (11) through fourteen (14) years $ 850.00
Fifteen (15) through Nineteen (19) years $ 950.00
Twenty (20) or more years $1,025.00
Longevity pay shall be issued during the pay period in which the Member's anniversary date of
appointment falls. The Member will be paid in one (1) lump sum in the form of the regular payroll
check for that given pay period, which will be taxed at the Member's W-4 rate.
Section 19.6 Shift Differential. Shift differential pay shall be provided under the following
circumstances, excluding hours in paid status while on approved leaves, restricted duty, and off-duty
court-time hours:
28
1. For all officers and sergeants regularly assigned to first shift, shift differential shall be applied
to any hours worked between the hours of 5 pm and 6 am.
2. For all Officers regularly assigned to second or third shift, shift differential shall be applied
to any hours worked.
Shift differential pay shall be applicable for actual hours worked. Shift differential shall not be paid
""" in addition to regular pay for any hours spent on approved paid leave, with the exception of leave
due to mandatory training, which shall qualify for shift differential pay. Mandatory training is
"~"'° defined as classes/coursework required by the Division including training to maintain basic peace
officer certification and training required for ancillary positions (i.e. Property Officer, DARE
Officer, Juvenile Officer, K-9 Officer, Firearms Officer). Time spent in optional training programs
shall not qualify for shift differential pay. If authorized overtime occurs in conjunction with the
regular workday, the shift differential shall be paid for each hour of overtime worked as specified
above. If shift differential pay is applicable, and overtime occurs, the shift differential pay shall be
added to the base hourly rate prior to computing the overtime rate. Shift differential pay will be paid
on a bi-weekly basis and will not be cumulative under any circumstance.
Effective January 1, 1999, and continuing through December 31, 2001, the shift differential rate will
be 70~/hour.
ARTICLE 20
RATES FOR MEMBERS FOLLOWING CERTAIN PERSONNEL ACTIONS
Section 20.1 Temporary Work Assignment. If any Members perform the duties of a higher
rank, each Member shall be paid hour-for-hour at the wage rate of that higher rank for all hours
during which the Member performs such duties. On an annual basis during the first two-weeks
in the beginning of December, each Patrol Shift Sergeant shall post a list for Officer-In-Charge
selection for each shift. Any Member interested in being an O.I.C. must sign the list during the
two-week period. At the conclusion of the two-week period, each Patrol Shift Sergeant shall
designate an O.I.C. and an alternate O.I.C. from their shift to serve as supervisor in the event that
the Sergeant is off duty during the next calendar year. The designation will be based on seniority
with the most senior Member on the list being designated O.I.C. and the next most senior
Member on the list being designated alternate O.I.C. Should the designated O.I.C. or alternate
O.I.C. not be available, the most senior officer on the shift will serve as O.I.C.
Section 20.2 Return to Dutv. Any Member who voluntarily resigns maybe reinstated to the
same rank and Step if there is a need for his services within two (2) years after the date of
resignation, subject to approval by the City Manager. If there is no vacancy at the time of
request for reinstatement, the Personnel Director shall place the name of said applicant at the
bottom of the appropriate re-employment list for the remainder of the two (2) year period.
Section 20.3 Return from Military Service. Pursuant to the Ohio Revised Code Section
29
5903.03, any Member who leaves, or has left, the City service to enter the active service of the
Armed Forces of the United States, or any branch thereof, and who subsequently is reinstated to
employment with the City, shall be entitled to receive compensation at the Step rate to which the
Member would have been entitled had service with the City not been interrupted by service in the
Armed Services.
Section 20.4 Reinstatement from Authorized Leave. Time spent on authorized leave shall be
credited for purposes of step advancement and shall not constitute a break in service.
ARTICLE 21
HOURS OF WORK AND OVERTIME
Section 21.1 Workweek. The workweek normally consists of forty (40) hours based on five (5)
consecutive eight (8) hour work days and sixty (60) consecutive hours off. This Section is subject
to the provisions in Sections 14.6 (D) and (E).
Section 21.2 Overtime. Members shall be compensated at straight-time rates for all hours in
paid status, except that all hours in excess of either eight (8) hours in paid status in any day or
forty (40) hours in paid status in any workweek shall be compensated for at a rate of time-and-
one-half (1-1/2). Members shall be paid at double time on the seventh consecutive day of work
within a given workweek, if ordered to work. No Member shall be paid for overtime work which
has not been authorized by a supervisor. Except in emergency situations, the Division shall post
available overtime opportunities and shall attempt to evenly distribute, as far as practicable,
overtime to Members requesting the same.
A Member's regular rate of pay for purposes of computing overtime shall be calculated to
include, as applicable, the following:
A. Straight time hourly rate of pay;
B. Shift differential hourly rate of pay;
C. Working out of rank hourly rate of pay differential;
D. Longevity payment. The applicable annual longevity pay amount, as referenced in
Section 20.5, shall be divided by 2,080 to determine an hourly amount. That hourly
amount will be multiplied by .5 and then multiplied by the number of overtime hours
worked in excess of 40 hours in paid status in each workweek. That amount shall then be
included in the regular payroll check issued for the pay period in .which the overtime
work occurred
No Member shall be paid for overtime work which has not been authorized by a supervisor.
Except in emergency situations, the Division shall post available overtime opportunities and shall
attempt to evenly distribute, as far as practicable, overtime to Members requesting same.
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Section 21.3 Call In Pav/Court Pav. When a Member is either called in or scheduled in
advance for work by an appropriate supervisor, and the Member reports for said work more than
30 minutes after the completion of his shift, the Member shall be paid or credited with a
minimum of three (3) hours at the appropriate overtime rate. This provision shall apply portal to
portal to Members called in from off-duty for court appearances. Members, otherwise off duty,
who are required by the Court to be and remain available for work-related court sessions, shall be
compensated at the overtime rate for such time not to exceed two (2) hours in duration. In order
to be compensated for more than two hours at the appropriate overtime rate for said purpose, the
Member must provide appropriate justification from the Court that he was required to remain
available for said time in excess of two hours.
Section 21.4 Compensatory Time. At the election of the Member, overtime maybe
compensated with compensatory time off in accordance with the provisions of the Fair Labor
Standards Act. Such compensatory time off shall be equal to one and one-half (1-1/2) times or
two (2) times as applicable for hours for each one (1) hour of overtime worked. The maximum
number of accumulated compensatory hours permitted in a Members compensatory time bank, at
any point in time, shall be Two Hundred Forty (240). At the end of each calendar year, the
Member shall be permitted to convert up to 50 hours of accrued Compensatory Time in said bank
to cash if, at the end of each year (December 31,) the Member has a minimum of 50 hours of
compensatory time in his compensatory time bank. The calculation for converting
Compensatory Time to cash shall be the Member's established hourly rate of pay multiplied by
the number of hours the Member desires to convert. In the event the Member wishes to exercise
this option, it shall be his responsibility to forward a memorandum to the Department of Finance
specifying the number of hours he wishes to convert to cash, prior to December 31, of each year.
The cash conversion will then be paid as part of the normal payroll check which shall be
forwarded to the member on the scheduled pay date at the conclusion of the 1 st pay period in the
new year.
.. Section 21.5 Payment For Accrued Compensatory Time Upon Separation. A Member who
has accrued compensatory time shall, upon the termination of employment for any reason, be
paid the unused compensatory time at the rate of pay received by the Member at the time of
separation. In the event of any Member's death, such compensation shall be paid to the
Member's surviving spouse or estate.
Section 21.6 Use of Casual Leave Time. Any request for casual leave of more than eight (8)
consecutive hours use shall be submitted at least seventy-two (72) hours in advance of its
requested usage. The notice period may be waived in cases where circumstances make
compliance impracticable. Requests for eight (8) or less consecutive hours use maybe submitted
with less than seventy-two (72) hours notice and maybe approved by the shift supervisor on the
same shift, as scheduling and operational needs of the Division permit such usage. Casual leave
maybe requested in multiples of one-quarter hours. Requests for casual leave shall not be
approved in any manner so as to interfere with annual vacation scheduling.
For purposes of casual leave scheduling on a holiday, within 30 days preceding the holiday, an
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officer's schedule shall not be changed to accommodate the request for casual leave unless the
officer affected has agreed. This does not preclude the Division from altering shift assignments
to maintain minimum staffing levels when illness or other emergency situations arise.
Section 21.7 Application to Special Duty. Special duty is defined as employment by a
separate and independent employer of a Member performing law enforcement or related
activities under provisions whereby the Division: 1) requires the Member be hired by a separate
and independent employer to perform such duties; 2) facilitates the employment of the Member
"""~"" by a separate and independent employer; and 3) otherwise affects the conditions of employment
of the Member by a separate and independent employer. If a Member, solely at the Member's
`~`°" options, agrees to be employed on special duty, the hours the Member is employed by a separate
and independent employer in law enforcement or related activities shall be excluded by the City
in the calculation of the hours for which the Member is entitled to overtime compensation.
"Special Duty" is also defined as any detail where members perform Police duties for a public or
private entity in Dublin and requires three (3) or less Officers. The Bargaining Unit and the City
hereby agree that a "Special Duty" Committee shall be formed for the purpose of making
recommendations to the Chief of Police regarding rates, assignments, procedures, and guidelines
concerning "Special Duty". Said Committee shall be comprised of two (2) members appointed
by the Chief of Police and three (3) members appointed by the Bargaining Unit, and shall meet at
least once on an annual basis.
Any detail where a public or private entity requests four (4) or more Officers shall be designated
as a "Special Event". Guidelines, rates, assignments, and procedures fora "Special Event" shall
be set by the Chief of Police or his designee.
Section 21.8 On-Call Pav. When a detective is placed in an on status call either between 10:00
p.m. and 7:00 a.m. or at any time when a detective. is not on duty, the detective shall receive a $2.00
per hour pay supplement as compensation for being placed in an on call status. This supplement
.~ shall be paid as part of the Member's bi-weekly pay.
ARTICLE 22
UNIFORMS, EQUIPMENT, AND ALLOWANCES
Section 22.1 Initial Issue. Upon appointment to the Division, each new uniformed Officer shall
receive the items listed below:
61ong sleeve navy blue shirts (winter)
6 short sleeve navy blue shirts (summer)
1 8-point cap (summer-mesh cover) (winter-vinyl cover)
1 fur cap (winter)
1 raincoat
6 pairs dark blue pants (all weather)
3 plain navy blue neckties (clip-on)
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1 jacket with appropriate City patches (lightweight with lining)
1 winter coat with zipper lining and appropriate City patches
1 pair all season plain-toed black uniform shoes
1 velcro belt
1 velcro gun belt
1 holster
1 double ammo case and two (2) speed loaders (or magazines, at Chiefs option)
1 set of handcuffs
""~ 1 hat badge
2 breast shields
'~" 1 tie tac
1 name plate
1 service weapon
1 walkie holder (if necessary)
1 set of Body Armor
1 baton, with specifications approved by the Chief
1 ball cap
Section 22.2 Change in Issuance. Should the required issuance of uniforms, uniform parts, leather,
or equipment for the entire Division be changed by the City, all Officers shall be provided the new
uniforms, uniform parts, leather, or equipment at no cost to the Officer. Body Armor shall be
replaced every five (5) years at the City's expense.
Section 22.3 Plain Clothes Issue. An Officer, when assigned by the Chief to the Detective Bureau
for "Plain Clothes" duty, shall receive the following:
*$1,000 for appropriate clothing;
* 1 holster
* 1 ammo mag pouch
.~.
Section 22.4 Annual Uniform and Equipment Allowance. Effective January 1, 1999 and
~,~~ continuing through December 31, 2001, each uniformed Officer, after his initial year of service, shall
receive an annual uniform and equipment allowance in the amount of $700. This allowance will be
payable in two (2) semi-annual installments of an equal amount. The first semi-annual payment
shall be made on either the following March 30 or September 30, whichever next follows the
Member's first anniversary date. Thereafter, these semi-annual payments shall be made on March
30 and September 30 of each calendar year. The uniform and equipment allowance shall be used
by the Member to maintain his/her required uniform, uniform parts, leather, and equipment including
necessary replacement thereof.
Section 22.5 Annual "Plain Clothes" and Equipment Allowance. Effective January 1, 1999 and
continuing through December 31, 2001, each plain clothes officer, after his initial year of service in
the Detective Bureau, shall receive an annual allowance in the amount of $700 payable in two (2)
semi-annual installments of equal amounts. The first semi-annual payment shall be made on either
the following March 30 or September 30, whichever next follows the Member's first anniversary
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date of plain clothes assignment. Thereafter, these semi-annual payments shall be made on March
30 and September 30 of each calendar year.
Section 22.6 Required Purchases. Uniformed Officers shall be required to purchase uniform parts
and equipment as defined by appropriate orders, regulations, codes, or other policies of the Chief and
City Manager. Plain clothes Officers will be expected to purchase the needed clothing and
equipment to function as a plain clothes Officer of the Division, as required by appropriate orders,
regulations, codes, or other policies of the Chief and City Manager.
Section 22.7 Dry Cleaning The Employer shall provide uniform cleaning at no cost to the
"~" Member. In any week, an Officer shall be entitled to have laundered/cleaned up to ten (10) uniform
items. In addition, each Officer shall be permitted to have his winter coat and hat cleaned once each
year. Uniform items for non-uniformed members shall be defined as items of regular work clothing.
The City shall designate a dry cleaning service or services where uniforms are to be cleaned and the
City shall have the exclusive authority to contract for the provision of such services.
Section 22.8 Damaged, Destroyed, Lost Personal Property. In general, personal property of a
Member, previously approved for City use, which is damaged or destroyed in the line of duty shall
be replaced by the City, via a reimbursement procedure, up to a maximum value of $100.00 on a per
occurrence basis. Requests for replacement of damaged personal property must be submitted in
writing to the Chief identifying the circumstances under which the damage occurred and the type,
brand name, model, value, condition prior to damage etc. of said property, together with the
damaged property. If such request is subsequently approved, the Member shall be reimbursed for
the purchase of replacement personal property which, in all respects, is substantially similar to that
which was damaged, up to the maximum value identified above, provided that the Member submits
a valid receipt identifying the type, brand name, model, dollar amount, etc. of the property purchased
as a replacement. Specific exceptions to the above mentioned $100.00 maximum reimbursement
shall include eyewear and off-duty service weapons, the maximum reimbursement for which shall
be the replacement value of said items.
Personal property of a Member, previously approved for City use, which is lost in the line of duty,
.~ maybe replaced, via a reimbursement procedure, in full or partial value, up to a maximum value of
$100 on a per occurrence basis, if it can be shown that reasonable precautions had been taken by the
Member to prevent such loss. Requests for the replacement of lost personal property must be
submitted in writing to the Chief identifying the circumstances under which the loss occurred and
the type, brand name, model, value, condition prior to loss, etc. of said property. If such request is
subsequently approved, the Member maybe reimbursed for the purchase of replacement personal
property which, in all respects, is similar to that which was lost, up to the maximum value identified
above, provided that the Member submits a valid receipt identifying the type, brand name, model,
dollar amount, etc. of the property purchased as a replacement. Specific exceptions to the above
mentioned $100.00 maximum reimbursement shall include eyewear and off-duty service weapons,
the maximum reimbursement for which shall be the replacement value of said items.
For purposes of this Section of the Contract, personal property shall include uniform parts as
identified under Section 22.1 (Initial Issue).
34
Section 22.9 Termination. Upon termination, Members shall return to the Division all Division-
issued uniforms and equipment in good condition, minus normal wear. Upon retirement, under
honorable conditions, the City Manager may permit a Member to purchase his issued service weapon
for one dollar ($1.00).
ARTICLE 23
VACATION LEAVE
Section 23.1 Vacation Year. The vacation year for Members shall end at midnight on
December 31 of each year.
Section 23.2 Conditions for Accrual. Members shall accrue vacation leave by pay period at
the annual rate set forth in Section 24.3, based upon years of continuous active service. Anew
Member having less than one year of prior public service as defined in Section 23.6, shall accrue
but not use vacation until completion of six (6) months of service with the City. Anew Member
with more than one year of prior public service shall be entitled to accrue and use vacation leave
immediately upon appointment in accordance with the schedule in Section 24.3. In addition, a
Member shall not earn his/her full vacation accrual in a given pay period unless he/she is in full
pay status (i.e. on duty or on approved leave with pay) in the entire pay period. In the event a
Member is not in full pay status during the entire pay period, he/she shall accrue vacation leave
on a pro-rated basis taking into account the number of hours in full pay status during the pay
period and his/her rate of accrual at that given time. The formula for pro-rating the Members
accrual under such circumstances shall be the number of hours in full pay status multiplied by the
converted hourly accrual rate.
Section 23.3 Accrual Schedule for Vacations. Each Member shall be entitled to vacation
leave based upon the following vacation accrual schedule:
Completed Years of Public Service
0 Year - 1 Year
2 Years - 4 Years
5 Years - 10 Years
11 Years - 15 Years
16 Years - 20 Years
21 Years or more
Accrued Vacation (Hours Per Yearl
80 Hours
108 Hours
142 Hours
170 Hours
188 Hours
218 Hours
Section 23.4 Vacation Carrp-Over. A Member may automatically carry over from one
calendar year to another a maximum of 160 hours of vacation leave previously earned but not
used.
Section 23.5 Vacation Scheduling. The Division shall attempt to honor all vacation requests in
the following manner with the understanding that all vacation leaves shall be taken at such time
or times at the discretion of and as approved by the Chief of Police.
35
A. Annual Scheduling. In January, the Division shall post a vacation schedule.
Members shall submit written requests for vacation leave by February 1. In cases
of conflict, seniority shall control as to granting of requests for vacation leave. In
the event a member's request is disapproved, that member shall have 72 hours to
resubmit an alternate request for consideration. During said 72 hour period of
time, vacation requests from other less senior members shall not be approved. In
the event the member does not resubmit his alternate request within said 72 hour
time period, vacation requests from other less senior members may then be
approved. When vacation leaves are to be scheduled on an annual basis, no
compensatory time or personal leave requests shall be approved during this period
(January of each year) for months other than January and February of the schedule
year.
B. For other than annual scheduling, or scheduling of leave on holidays, Members
may on a first-come basis request occasional use of vacation leave. Requests of
eight (8) hours or less usage will be acted upon by the shift supervisor, where
practicable, during the tour of duty in which the request is made. If no conflict in
scheduling occurs, the Member's request shall be honored.
C. Vacation leave maybe taken in multiples ofone-quarter (1/4) hour.
D. All vacation hours shall be paid at full pay at the applicable straight time rates;
however a Member ordered to work while on approved vacation leave shall be
paid at the double time rate, with a minimum guarantee of four (4) hours pay for
each such call-in.
E. Members who are laid off, who resign with two week's notice, or who are
separated from City service shall be paid all unused but accrued vacation to which
they are entitled at the rate of pay in effect at the time of separation. In the event
of a Member's death, such compensation shall be paid to the Member's surviving
spouse, or secondarily his estate.
Section 23.6 Prior Public Service Credit. A Member of the City, who has prior public service
with any state government or any political subdivision thereof, is entitled to receive credit for
his/her prior service with such employers for the purpose of computing the amount of his/her
vacation leave with the City of Dublin, provided the nature of this service is relevant to the
nature of his/her service with the City of Dublin, and provided the City receives written
verification of such prior service from such prior public employer.
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ARTICLE 24
HOLIDAYS
Section 24.1 Paid Holidays. The following are designated as paid holidays for all Members:
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
Section 24.2 Special Holidays. Any special holiday, as designated by the City, when City
offices are closed for all or part of the day, will also be observed as a holiday under this Article.
Section 24.3 Holiday Work. Each holiday which is observed on 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 workforce as necessary to provide adequate coverage to
the City.
Members may request to be scheduled off on a particular holiday by timely request to the Chief
of Police. Such request shall be granted as long as the request does not substantially degrade
service to the community. Conflict involving multiple requests shall be resolved on a seniority-
within-ranks basis.
Section 24.4 Holiday Pay.
A. If a holiday falls on a Member's regularly scheduled day off, and the Member is not
*^^ required to work the holiday, or if the Member is excused from work, the Member shall
receive eight (8) hours compensatory time at the straight time rate, provided that the
«~~- Member was not absent without authorized leave on either the work day before or after
the holiday. A Member on sick leave the workday before or after the holiday maybe
required to present a doctor's certificate in order to receive credit for eight (8) hours of
compensatory time.
B. When a Member works a holiday on his or her regularly scheduled workday, he or she
shall be entitled to:
1. Regular rate of pay for all hours worked if eight (8) hours or less are worked, and
the rate of double time the regular rate of pay for any hours worked in excess of
eight (8) hours;
2. At the Member's option, eight (8) hours pay or eight (8) hours compensatory time
at the regular rate of pay; and
37
.~.,
3. One-half hour of compensatory time at the regular rate of pay.
C. When a Member works a holiday on his regularly scheduled day off he shall be entitled
to:
1. Double time pay for all hours worked;
2. At the Member's option, eight (8) hours pay or eight (8) hours of compensatory
time at the regular rate of pay.
Section 24.5 Comp Time, Personal Leave, Vacation Leave on Holidays. For purposes of
casual leave scheduling on a holiday, within 30 days preceding the holiday, an officer's schedule
shall not be changed to accommodate the request for casual leave unless the officer affected has
agreed. This does not preclude the Division from altering shift assignments to maintain
minimum staffing levels when illness or other emergency situations arise.
ARTICLE 25
PERSONAL LEAVE
Section 25.1 Personal Leave. Effective January 1 of each year, each Member, who is in full pay
status at such time, shall receive four days (32 hours) of personal leave. If a Member is appointed
on or after November 1, the Member will only receive one day (8 hours) of personal leave. In the
event a Member is not in full pay status at the time personal leave is normally allocated to each
Member, yet returns to full pay status at some point thereafter, the amount of that Member's
personal leave allocation shall be pro-rated. For every pay period the Member has been in less than
full pay status, 1.25 hours of personal leave shall be deducted from the normal 32 hour annual
allocation. Personal leave maybe used at the Member's discretion, given sufficient prior notice and
prior approval by the Member's supervisor. Personal leave must be used within the same year in
which it is received and may not be carried over to the next year.
If a Member is laid off, terminated, or separates service, the Member will be compensated for unused
personal leave at the rate of pay at the time of the separation. The Member must provide at least 10
calendar days' written notice prior to separation or resignation in order to receive this compensation.
A Member will not be compensated for unused personal leave if he or she resigns or is terminated
within his/her one (1) year probationary period.
ARTICLE 26
INSURANCE
Section 26.1 Medical, Dental, & Vision Benefits. The City shall make available group medical,
prescription drug, dental, and vision benefits to all employees and dependents who meet the
eligibility requirements of the plan. Said benefits will be made available with no contribution on the
38
part of the employee other than the required deductibles, co-payments, co-insurance, and annual out-
of-pocket maximum associated with the program. The plan design of this program shall be
substantially the same as that in effect on December 31, 1998 and shall remain in effect until
December 31, 2001, with the exception of the following:
• That effective January 1, 2000, the lifetime maximum coverage per covered individual for
orthodontics under the Dental Plan shall be increased to $750.
That effective January 1, 2001, the lifetime maximum coverage per covered individual for
orthodontics under the Dental Plan shall be increased to $1,000.
Section 26.2 Liability Insurance. The Employer shall maintain, subject to availability, Law
Enforcement Liability insurance coverage for all employees for the duration of this Agreement. The
Employer shall pay the annual premium for such coverage. Whether or not insurance coverage is
available, the employee shall be indemnified and held harmless by the City, provided the employee
acted within the scope of his assigned duties in the situation/incident out of which a claim or lawsuit
arises.
Section 26.3 Change in Carriers. If it becomes necessary to change carriers, and such change
would affect the benefits under the plans, the Employer agrees to meet with representatives of the
bargaining units prior to implementing the change in order to negotiate the impact of any proposed
change.
Section 26.4 Life Insurance. The City shall provide group term life insurance coverage in the
amount of $45,000 for each employee with the full premium for said coverage paid by the City.
Effective January 1, 2001, this amount shall be increased to $50,000.
ARTICLE 27
SICK LEAVE
Section 27.1 Sick Leave Accrual. All employees shall be entitled to sick leave with pay accrued
at the rate of 5.54 hours per pay period. Sick leave with pay shall accrue without limitation, with
the exception that an employee shall earn the full sick leave accrual each pay period only if the
employee is in full pay status for the entire pay period. In the event the employee is not in full pay
status for the entire pay period, he/she shall accrue sick leave at the rate of .069 hours for each one
(1) hour in full pay status during the pay period. New 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 27.2 Use of Sick Leave. Sick leave with full normal pay shall be granted for the following
reasons:
A. Personal illness or physical incapacity.
39
.~ ~....
B. Illness of an employee's immediate family requiring the employee's personal care and
attendance. Immediate family, for the purpose. of this section, is defined as mother, father,
spouse, son, daughter, or legal guardian who stands in place of a parent. Bargaining unit
members shall be permitted to petition the City Manager for usage of Sick Leave for
illnesses to family members outside the definition of immediate family. Both parties further
agree that the City Manager shall evaluate such requests and may, on case-by-case basis,
approve such requests, at his discretion.
C. Enforced quarantine of the employee in accordance with community health regulations.
D. Where injury leave has expired and the employee must be absent from work for an additional
period.
E. Sick leave may be requested for other members of an employee's household, and may be
approved by the City Manager on a case-by-case basis.
An employee contemplating absence on sick leave shall inform the Employer of the fact, except in
the case of provable inability to make a phone call, and provided further that such calls shall be made
as soon as possible thereafter.
Absence for a fraction of a day that is chargeable to sick leave in accordance with these provisions
shall be charged proportionately in one-hour increments, if needed.
A doctor's certificate, or other proof of illness may be required for sick leave use if, in the judgement
of the Employer, there maybe some questions as to the legitimacy of the need for sick leave. Abuse
of sick leave maybe cause for disciplinary action.
Section 27.3 Payment for Unused Sick Leave.
!""' A. After at least ten (10) full 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
"Police and Fireman's Disability and Pension Fund", and actually retires from City Service,
shall be entitled to receive payment for accumulated unused sick leave. The rate of pay for
such accumulated sick leave shall be at employee's straight time hourly rate of pay at
separation multiplied by one-third (1/3) of the total number of accumulated sick leave hours.
Total payment under this provision shall not exceed 540 hours (67.5 paid days). In the event
an employee dies while in the employ of the City, except as provided in paragraph (B) of this
section, and the employee qualifies for his respective retirement/pension fund, his spouse,
or secondarily his estate, shall be paid the aforementioned rate of redemption for
accumulated unused sick leave.
B. If an employee is killed in the line of duty, his surviving spouse, or secondarily the estate,
shall be paid for one hundred percent (100%) of the value of the employee's accrued but
unused sick leave, at the straight time rate in effect at the time of death. The amount so paid
shall constitute payment in full for all accrued and unused sick leave credited to the
40
employee.
Section 27.4 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 of Dublin, provided the employee was hired by the City
within ten 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.
ARTICLE 28
INJURY LEAVE
Section 28.1 Injury Leave with Pam Injury leave shall be granted by the City Manager, or his
designee, for a period of up to one hundred eighty (180) calendar days after the date of injury
giving rise to the need for such leave. Injury is defined as aservice-connected disability which
interferes with a Member's ability to perform his or her normal work duties, and which has been
reported to the Member's immediate supervisor not more than three (3) days from the date such
injury occurs.
Simultaneous with the request for injury leave, the Member shall also make application and
actively prosecute a claim for benefits under the Workers' Compensation Law of Ohio. If
application for benefits under the Workers' Compensation Law is favorably considered, the
Employer's obligation under the continued use of injury leave shall be the monetary difference
between the Member's straight time rate of pay and the benefits received under the Workers'
Compensation Law.
It is the intent of the Employer to assure the Member of full pay while on injury leave,
considering benefits from Workers' Compensation and the Employer in the aggregate.
"'^"" In cases where injury leave or sick leave is necessary, the Chief of Police may internally address
a light duty work policy which will provide for the attempted placement of Divisional personnel
who are unable to perform in their normal capacity.
The limitations imposed on injury leave shall be considered as limitations on leave granted as a
result of each incident of aservice-connected accident or illness, rather than limitations on leave
to be granted in any one calendar year or other unit of time.
ARTICLE 29
SPECIAL LEAVES
Section 29.1 Leave With/Without Pav.
A. Leave Without Pav. Leave without pay maybe granted, upon the approval of the City
Manager, or his designee, if requested in writing by the Member. A Member on leave
without pay shall not accrue sick leave or vacation leave benefits, and, except for the time
41
~,
spent on FMLA leave, the Member will be required to pay 100% of the cost associated
with maintaining his medical, dental, and/or vision coverages if he wishes any or all of
said coverages continued. Failure of any Member to report promptly at the expiration of
such leave of absence shall be considered as a resignation. Leave without pay maybe
granted for:
1. Personal Leave. A leave without pay may be granted at the discretion of the City
~.• Manager, or his designee, for personal reasons not to exceed thirty (30) days
without loss of seniority, if the Member can be spared. This maybe extended
~,.,. only with the written approval of the City Manager, or his designee, and must be
submitted in writing a minimum of two weeks prior to the requested date of the
extension.
2. Extended Illness or Accident Leave. A leave without pay maybe granted to apt
Member for a period not to exceed one (1) year without loss of seniority when
such Member is physically unable to report for work because of illness or
accident. The Member must promptly notify his supervisor of the necessity
therefore (and the supervisor shall transmit the request to the City Manager, or his
designee, for approval), and the Member must supply certification from a
qualified physician attesting to the necessity for such absence.
Maternity Leave. A maternity leave without pay maybe granted to a Member
without loss of seniority upon approval of the City Manager, or his designee.
Extension of the leave maybe granted for a period not to exceed one (1) year, if
the Member's physician states in writing that such an extension is needed for
recuperative health reasons. Leave without pay during the probationary period
shall not be counted part of that period.
B. Leave With Pav. Leave with pay maybe granted for good and sufficient reasons which
are considered to be in the best interest of the City, by the City Manager, or his designee,
but only in the event of extraordinary circumstances.
Section 29.2 Jur~ty Leave. Leave with pay maybe granted to a Member in order that he
may serve required jury duty, or if he is required by law to appear in a case resulting directly
from the discharge of his duties as a City employee. In such cases, all witness or jury fees shall
be signed over to the City.
Section 29.3 Bereavement Leave.
A. In the event of death in the immediate family, an employee shall be entitled to up to three (3)
consecutive paid work days for a funeral service and/or burial, charged against the
employee's existing sick leave balance, and an additional two (2) days for such services out
of state, if needed for these purposes, also charged against the employee's existing sick leave
balance.
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,..
B. The immediate family for purposes of bereavement leave shall include: spouse, son,
daughter, brother, sister, parent, legal guardian, person who stands in place of a parent,
grandparent, grandchild, step-father, step-mother, step-brother, step-sister, step-son, step-
daughter, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-
law grandparent-in-law, half brother, half sister, aunt, uncle and any other relative living in
the home of the employee.
Section 29.4 Military Leave. Except as may otherwise be specifically provided herein, a
Member may be granted a leave of absence without pay to be inducted or otherwise enter
military duty.
A member who, as a member of the Ohio National Guard, the Ohio Defense Corporation, the
Ohio naval Militia, or as a reserve member of the Armed Forces of the United States, is called
upon to receive temporary military training, shall be entitled to a leave of absence with pay for a
period or periods not to exceed twenty-two (22) eight (8) hour work days or 176 hours in any one
(1) calendar year. A member qualifying for paid military leave who is called or ordered to the
uniformed services for longer than the above period shall be paid for the remaining time beyond
the first twenty-two (22) eight (8) hour work days or 176 hours at his or regular compensation
rate less whatever compensation the member may receive for such military service. If the
member's military compensation exceeds the compensation the member is otherwise entitled to
from the City, the member will not be entitled to any additional compensation from the City.
Section 29.5 Family and Medical Leave. Pursuant to the Family and Medical Leave Act of
1993, FMLA leave maybe granted to a Member who has been employed for at least twelve (12)
months by the City and who has provided at least 1,250 hours of service during the twelve (12)
months before the leave is requested. The leave maybe granted up to a total of twelve (12)
weeks during any twelve (12) month rolling period for the following reasons:
• Because of the birth of a child or placement for adoption or foster care of a child;
In order to care for the spouse, son, daughter, parent, or one who stood in place of a
parent of the Member, if such spouse, son, daughter, parent, or "in loco parentis" has a
serious health condition;
Because of a serious health condition that makes the Member unable to perform
his/her employment functions.
The Member must provide the City with thirty (30) days advance notice of the leave, if such
leave is reasonably foreseeable, or such notice as is practicable if thirty (30) days notice is not
possible. The Member must provide the City with certification of the condition from a health
care provider. The City, at City expense, may require a second opinion on the validity of the
certification. If this second opinion contradicts the first opinion submitted by the Member, a
third opinion, at the City's expense, shall be sought from a mutually agreeable physician, which
shall be binding on both the Member and the City.
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A Member seeking FMLA leave must first use paid sick time (if applicable), vacation and
holidays before going on unpaid leave. The total amount of family leave paid and unpaid will
not exceed a total of twelve (12) weeks. In any case in which a husband and wife entitled to
family leave are both employed by the City, the aggregate number of workweeks of leave to
which both maybe entitled may be limited to twelve (12) weeks taken because of the birth of a
child or placement for adoption or foster care of a child. The Member will be responsible for
his/her share of the health insurance cost (if any) during the unpaid leave. If the Member does
not return from the leave, he/she is responsible for payment to the City of the monthly
Single/Family rate paid by the City on behalf of the Member during the leave. The City may, at
its sole discretion, waive the repayment of such amount. The City will be responsible for the 30
day plan costs under COBRA.
It is intended that this Article comply with the Family and Medical Leave Act of 1993 and the City
may promulgate policies in furtherance of the Family and Medical Leave Act that are not
ARTICLE 30
TRAINING AND TUITION REIMBURSEMENT
Section 30.1 Training. In recognition of the value of continuing education and professional
development of Members, the City shall establish a goal of sixty (60) hours of annual training for
Members at the City's expense. This training maybe either initiated by the City pursuant to a
training schedule or by the Member, with the approval of the Chief of Police or his designee.
The training shall be related to a Member's performance of his job duties or in preparation for
job duties which maybe assigned to the Member after completion of training. Reasonable
efforts shall be made to accommodate the training to the Member's regular work schedule. The
City shall endeavor to provide as much advanced notice as practical to Members regarding their
training schedules. In that this training is awork-related duty, the Member shall receive all pay
and benefits to which he is otherwise entitled during training.
The expense for Members who are required or requested to attend training schools, seminars, or
"' other instructional or educational programs, including examination to increase their knowledge
and further their competency in their occupation with the Employer, shall be paid by the
Employer as follows:
A. Registration fees, tuition charges for the training school, seminar, or educational or other
instructional programs.
B. The Employer shall pay for meals when not provided by the tuition.
C. The employer shall pay the current rate for mileage, as determined by the IRS, when an
Member is not provided with aCity-owned vehicle. Where overnight lodging is provided
at the City's expense, a Member will only be reimbursed for mileage to and from the
training facility on one occasion each way unless otherwise approved or directed by the
Chief. All other travel shall be considered to be non-work-related and non-reimbursable.
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Bus, train, or airfare at tourists rate is provided for lengthy trips when travel is approved
by the City Manager.
D. Hotel or motel charges when lodging is not provided as term of tuition payment.
E. Hourly rates will be paid when schools or training are scheduled during regular working
hours.
F. All necessary tools and equipment required by the course of instruction.
Checks maybe issued in advance for paragraphs A and D of this Section.
Section 30.2 Tuition Reimbursement.
A. Reimbursement Program. Effective January 1, 1996, and for each calendar year
thereafter under the term of this Contract, each Member shall be eligible for a maximum
of Two Thousand Five Hundred Dollars ($2,500) in reimbursement per calendar year for
fees and required textbooks, and job-related courses/degree programs of instruction
voluntarily undertaken.
B. Necessary Approval. All course work subject to reimbursement shall be transmitted, in
advance and through the Chief of Police to the Director of Human Resources/
Procurement for approval. The Chief of Police shall provide a written recommendation
concerning approvaUdisapproval of the request at time of transmittal to the Director of
Human Resources/Procurement. If practicable, a Member shall make application for
approval of course work reimbursement at least fifteen (15) days prior to commencement
of the course of study. The Director of Human Resources/Procurement shall evaluate the
Member's course work/degree program for job-relatedness and shall notify the Member,
in writing, regarding his approvaUdisapproval of said course work/degree program on that
basis. The City agrees that approval of course work/degree program will not be
unreasonably withheld. A Member may receive blanket approval for an entire degree
program or a continuing course of study if all courses within the program are identified.
If all or part of the program is approved, the Member need not reapply for approval for
each course within the portion(s) approved. If all or part of the program course work is
disapproved by the Director of Human Resources/Procurement, the Member may appeal,
in writing, said disapproval directly to the City Manager within 72 hours of notification
from the Director of Human Resources/Procurement. The City Manager will issue a
written decision on the Member's appeal within five (5) working days of receiving said
appeal.
C. Course Attendance. Courses are to be taken on other than scheduled working hours,
unless approval is obtained from the Chief of Police, or his designee, to take such courses
on duty time.
D. Reimbursement Procedure. Reimbursement shall be made upon successful completion of
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the course with a grade of C (2.00) or better. The Member shall submit an official
transcript or certificate demonstrating successful completion of the course and a receipt
from the institution confirming that the Member has paid for tuition, fees, and required
textbooks. Any financial assistance available to a Member shall be deducted from the
amount of tuition reimbursement that would otherwise be payable. The Member shall not
be reimbursed for incidental expenses such as paper or supplies, mileage, parking, meals,
or other expenses other than tuition, fees, and required textbooks.
ARTICLE 31
FIELD TRAINING OFFICERS
Section 31.1 Compensation. Any bargaining unit member who serves as a Field Training Officer
shall be entitled to one (1) hour of compensatory time for every eight (8) hours of training time spent
with the trainee.
ARTICLE 32
CANINE UNIT
Section 32.1 Compensation for Care and Maintenance of Division Canine. The canine will be
the property of the Employer and will be licensed in accordance with all State and Local laws as
such. The Employer will provide all food, equipment, insurance and veterinary services for the
canine. The Canine Officer will be responsible for the care and maintenance of the assigned canine.
The canine will live with the Member inside his/her residence and will not be permitted to be
kenneled on his/her property. The Canine Officer will be assigned a normal duty shift not to exceed
seven (7) hours per day unless an overtime assignment requires him/her to work overtime. The
Canine Officer will be paid for an eight (8) hour shift. The one hour of compensation for each
normal working day will be used for the care and maintenance of the canine including but not
necessarily limited to cleaning, feeding and caring for the canine during the Member's off-duty time
on any given work day. Travel time to and from the Canine Officer's normal duty assignment does
not constitute any part of his/her shift. Four (4) hours of compensatory time per fourteen (14) day
period will be earned by the Canine Officer for the care and maintenance of the canine on the
Member's normal days off. Work performed on a normal day off other than canine care and
maintenance shall be paid at the applicable overtime rate. Due to the nature of this assignment, the
Canine Officer agrees to be "on call" by pager with the understanding that his/her services maybe
requested at any time, day or night. Should the Canine Officer not be available to respond to a
request for service during his/her normal time off, that person shall not be subject to disciplinary
action. However, repeated failure to respond to requests for service during normal time off is
grounds for a re-evaluation of the specific Member's commitment to the program and could be used
as part of assessing whether to retain said Member in the position of Canine Officer. There will be
no compensation given until his/her services are requested and the Canine Officer has actually left
his/her residence in response to a "call out".
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ARTICLE 33
EMPLOYEE INCENTIVE PROGRAMS
Section 33.1 Em~loxee Incentive Programs. Members shall be eligible for employee incentive
programs (e.g. Personal Computer Purchase Program, Wellness Program incentives/awards, etc.)
offered to other non-bargaining unit employees of the City. Eligibility to participate in these
incentive programs and receipt of any awards through these programs shall be governed by the
„~.,, written program rules, regulations, and requirements as approved by the City Manager.
~,,, Section 33.2 Employee Discounts. Should Dublin City Council approve employee discounts in
the future, the City agrees to apply such approved employee discounts to Members and non-
bargaining unit employees alike. Likewise, any Council approved modifications to present or
future discounts will also be applied to Members and non-bargaining unit employees alike.
ARTICLE 34
DURATION
Section 34.1 Duration. All of the provisions of this Agreement shall become effective January
1, 1999, unless otherwise specified. This Agreement shall continue in full force and effect until
December 31, 2001.
Section 34.2 Signatures. Signed and dated at Dublin, Ohio on or as of this day of
99.
Timothy C. Hansley, City Manager
City of Dublin
Bill Capretta ,President
Fraternal Order of Police,
Capital City Lodge #9
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