03-06 Resolution
RECORD OF RESOLUTIONS
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Resolution No. 03-06
Passed ,20_
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A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A COLLECTIVE BARGAINING AGREEMENT
WITH THE FRATERNAL ORDER OF POLICE, OHIO LABOR
COUNCIL, INC. REGARDING WAGES, HOURS, TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES WITHIN
THE COMMUNICATIONS TECHNICIAN BARGAINING UNIT.
WHEREAS, the City of Dublin and the Fraternal Order of Police, Ohio Labor Council
Inc. have reached agreement regarding wages, hours, terms, and conditions of
employment for employees within the Communications Technician bargaining unit; and
WHEREAS, Council has determined that the attached Agreement should be entered into
by the City Manager;
NOW, THEREFORE, BE IT RESOLVED by the Council ofthe City of Dublin, State
of Ohio, -.!J- of the elected members concurring:
Section 1. That the City Manager be, and hereby is, authorized to enter into the
attached Collective Bargaining Agreement with the Fraternal Order of Police, Ohio Labor
Council, Inc. regarding wages, hours, terms, and conditions of employment for employees
within the Communications Technician bargaining unit.
Section 2. That, as referenced in Section 1.6 of the attached Agreement, said
Agreement shall supersede and replace all applicable state and local laws, which it has the
authority to supersede and replace.
Section 3. That this resolution shall be effective upon passage as provided under
Section 4.04 (a) of the Revised Dublin Charter.
Passed this '3:t1.. day of rl/\ I-u? 1"'1/' 2006,
. .
Mayor - Presiding Officer
ATTEST:
~ (L @~~
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
De
Office of the City Manager
5200 Emerald Parkway. Dublin, OR 43017
Phone: 614-410-4400 · Fax: 614-410-4490 Memo
CITY OF DUBLIN
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manager U~ . 0~~
Date: January 5, 2006
Initiated By: Management Bargaining Team for FOP/OLC Negotiations
Re: Proposed Collective Bargaining Agreement between the City of Dublin and the Fraternal
Order of Police, Ohio Labor Council, Inc. (Covering Communication Technicians)
SUMMARY
Attached for your consideration, please find Resolution No. 03-06 authorizing the City Manager to enter into a
Collective Bargaining Agreement ("Agreement") with the Fraternal Order of Police, Ohio Labor Council, Inc.
("FOP/OLC") regarding wages, hours, terms, and conditions of employment for employees within the
Communication Technicians bargaining unit. This bargaining unit is comprised of 14 employees. Also attached
for your reference is a copy of the proposed Agreement. Staff has been advised by the FOP/OLC representative
that the proposed Agreement has been ratified by the bargaining unit.
The City and the FOP/OLC negotiated the new Agreement over the course of only five meetings. The negotiation
process was focused and constructive in nature. Both parties committed to producing a fair Agreement.
Where economic increases were agreed to, such were supported by the comparable wage and benefit data. The
City relied upon both internal comparable data as well as those in the external market. The term of this
Agreement is three (3) years extending from January 1,2006 through December 31, 2008. The wage impact of
the proposed Agreement has been projected at $34,695.80 in the first year of the Agreement (2006), $39,714.72 in
the second year (2007), and $25,431.56 in the third year (2008). Finance has determined that sufficient funding
exists within the 2006 Operating Budget to implement the Agreement.
The significant economic increases or changes associated with this new Agreement are summarized as follows:
Rates ofPav/Wal!es (Article 21)
~ Wal!es (Section 21.1)
The wage rates identified in Section 21.1 for 2006 and 2007 represent a 4% annual increase; the rates
identified for 2008 represent a 3.5% increase.
~ Lonl!evitv Pay (Section 21.5)
The longevity pay structure in Section 21.5 provides for an increase at each level in the longevity
schedule. The new longevity schedule provides for a $25 increase (from $650 to $675) at the 4-6 year
level; a $25 increase (from $850 to $875) at the 7-10 year level; a $100 increase (from $1,050 to
$1,150) at the 11-14 year level; a $100 increase (from $1,150 to $1,250) at the 15-19 year level; and a
$25 increase (from $1,275 to $1,300) at the 20 or more year level. This schedule also allows the City
to remain competitive based upon comparable data.
~ Shift Differential Pay (Section 21.6)
The shift differential pay provision contained in Section 21.6 reflects an increase in the hourly shift
differential supplement from the current level of $.70 per hour to $.85 per hour effective 1-1-06. The
2006 internal shift differential comparables reflect a low of $.70 per hour and a high of $.95 per hour.
Personal Leave (Article 27)
~ Personal Leave Allocation (Section 27.1)
The pro-rated personal leave allocation table reflected in this section represents a significant change.
Under the current allocation procedure, a member receives 32 hours of personal leave upon
appointment, unless appointed on or after November 1, in which case the member receives 8 hours.
The proposed pro-rated allocation schedule does not increase the amount of personal leave beyond
the current 32 allocation level, however, it establishes a more logical pro-rated formula based on the
quarter of the year in which the new hire starts. The proposed provision regarding the use of 8 hours
of personal leave on one occasion with only a 4-hour notice also represents a change. Under the
current provision, a member may only use personal leave with prior supervisory notice and approval.
Insurance (Article 28)
~ Medical. Dental. Vision. & Life Insurance (Article 28.1)
Section 28.1 contains the same medical and prescription plan design changes that were effective for
all non-union personnel on January 1, 2006. These plan design changes include a monthly "premium
equivalent" contribution through payroll deduction that may be waived, should the employee choose
to participate in the City's Wellness Initiative. In addition, other significant changes include reducing
co-insurance from 90%/1 0% to 80%/20% for in-network services over the course of the three year
Agreement. Coverage for out-of-network services would decrease to 50%/50%. Changes that
require greater cost sharing on the part of employees also include increased emergency room and
hospital co-payments, increased single and family out-of-pocket maximums, and a new prescription
formulary with increased co-payments and the implementation of out-of-pocket maximums for
prescription drugs. Limitations have also been implemented for certain covered benefit services.
Enhancements made to the plan are the same as those that were effective for non-union personnel as
well. This includes in-network preventive care services covered at 100% and adding certain
procedures with a doctor's recommendation based upon age and family history. In addition,
employees may enroll in a Flexible Spending Account (FSA) to assist in off-setting the costs from
changes to the plan.
Trainilll! & Tuition Reimbursement (Article 33)
~ Tuition Reimbursement (Article 33.2)
Section 33.2 provides for a $250 increase in tUItIOn reimbursement. Under Section 33.2 A,
employees would now be eligible to receive a maximum of $3,000 in reimbursement per calendar
year. This is consistent with the increase given to members of the Police Officers & Sergeants
bargaining units earlier this year.
RECOMMENDATION
Staff believes that the attached Collective Bargaining Agreement is fair to both parties; therefore, Staff
recommends that Council adopt Resolution No. 03-06 at the January 9th, 2006 Council Meeting.
Irt
Attachments
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF DUBLIN
AND
THE FRATERNAL ORDER OF POLICE,
OHIO LABOR COUNCIL, INC.
COMMUNICATIONS TECHNICIAN
BARGAINING UNIT
CONTRACT PERIOD:
JANUARY 1, 2006 THROUGH DECEMBER 31, 2008
TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE 1 - CONTRACT
. 1.1 - Contract 1
. 1.2 - Purpose 1
. 1.3 - Savings Clause 1
. 1.4 - Conflicting Agreements 1
. 1.5 - Contract Amendments 1
. 1.6 - Applicability 1
ARTICLE 2 - RECOGNITION
. 2.1 - Recognition 1
. 2.2 - Bargaining Unit 2
ARTICLE 3 - UNION BUSINESS
. 3.1 - Dues Deduction 2
. 3.2 - Fair Share Fee 3
. 3.3 - Bulletin Boards 3
. 3.4 - Meeting Locations 3
. 3.5 - Ballot Boxes 4
. 3.6 - Use ofIntra-Department Mail 4
. 3.7 - Use of Employer's Property/Equipment 4
. 3.8 - Bargaining Unit Representatives 4
. 3.9 ~ Negotiating Committee 4
ARTICLE 4 - NONDISCRIMINATION
. 4.1 - Joint Pledge 5
. 4.2 - Employer Pledge 5
. 4.3 - Union Pledge 5
. 4.4 - Gender Reference 5
ARTICLE 5 - MANAGEMENT RIGHTS
. 5.1 - Management Rights 5
ARTICLE 6 - LABOR/MANAGEMENT MEETINGS
. 6.1 - Meetings 6
ARTICLE 7 - SAFE EQUIPMENT
. 7.1 - Safe Equipment 7
ARTICLE 8 - GRIEV ANCE PROCEDURE
. 8.1 - Definition 7
. 8.2 - Jurisdiction 7
. 8.3 - Qualifications 7
. 8.4 - Grievance Form 8
. 8.5 - Grievance Procedure 8
. 8.6 - Right to Representation 10
. 8.7 - Extension of Time Limits 10
ARTICLE 9 - INTERNAL REVIEW PROCEDURES
. 9.1 - Scope 10
. 9.2 - Informal Process for Non-Serious Complaints or Offenses 11
. 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 - Citizen Complaint 12
. 9.8 - Initial Investigation 12
ARTICLE 10 - DISCIPLINE
. 10.1 - Discipline for Cause 13
. 10.2 - Progressive Discipline 13
. 10.3 - Disciplinary Action 14
. 10.4 - Pre-Disciplinary Conference 14
. 10.5 - Copy of Discipline Record 15
. 10.6 - Appeal 15
ARTICLE 11 - PERSONNEL RECORDS
. 11.1 - Personnel File 15
. 11.2 - Retention of Records 16
. 11.3 - Inaccurate Documents 16
ARTICLE 12 - WORK RULES
. 12.1 - Work Rules 16
ARTICLE 13 - POLITICAL ACTIVITY
. 13.1 - Political Activity 16
ARTICLE 14 - SENIORITY
. 14.1 - Seniority 17
. 14.2 - Application of Seniority - Vacation Leave 18
. 14.3 - Application of Seniority - Shift Assignments 18
. 14.4 - No Posting Response 18
ARTICLE 15 - EMPLOYEE ASSISTANCE PROGRAM
. 15.1 - Employee Assistance 18
. 15.2 - Coverage Terms & Conditions 19
. 15.3 - Other E.A.P. Terms & Conditions 19
ARTICLE 16 - SUBSTANCE ABUSE AND TESTING
. 16.1 - Purpose 20
. 16.2 - Responsibility 21
. 16.3 - Definitions 21
. 16.4 - Prohibited Conduct 21
. 16.5 - Inspections 22
. 16.6 - Reasonable Suspicion Testing 22
. 16.7 - Testing Determination 22
. 16.8 - Urine Samples 22
. 16.9 - Drug Testing Procedure 23
. 16.10- Drug Test Results 23
. 16.11- Alcohol Testing 24
. 16.12- Alcohol Testing Procedure and Results 24
. 16.13- Discipline/Rehabilitation 24
ARTICLE 17 - CONTRACT COPIES
. 17.1 - Contract Copies 25
ARTICLE 18 - EMPLOYEE MAIL
. 18.1 - Employee Mail 26
ARTICLE 19 - REIMBURSABLE BUSINESS EXPENSES
. 19.1 - Reimbursable Business Expenses 26
ARTICLE 20 - LAYOFFS
. 20.1 - Layoffs 26
. 20.2 - Call-Back 26
ARTICLE 21- RATES OF PAY/WAGES
. 21.1 - Wages 27
. 21.2 - Appointment and Advance Step Hiring 27
. 21.3 - Step Advancement 28
. 21.4 - Application of Pay Rates 28
. 21.5 - Instant Bonus Program 28
. 21.6 - Longevity Pay 28
. 21.7 Shift Differential 28
ARTICLE 22 - HOURS OF WORK AND OVERTIME
. 22.1 - Workweek 29
. 22.2 ~ Overtime 29
. 22.3 - Seventh Consecutive Day of Work 29
. 22.4 - Overtime Rotation 29
. 22.5 - Call-In Pay/Court Pay 30
. 22.6 - Compensatory Time 30
. 22.7 - Payment for Accrued Compensatory Time Upon Separation 31
. 22.8 - Use of Compensatory Time 31
ARTICLE 23 - RATES FOR EMPLOYEES FOLLOWING
CERTAIN PERSONNEL ACTIONS
. 23.1 - Return to Duty 31
. 23.2 - Return from Military Service 31
. 23.3 - Reinstatement from Authorized Leave 32
ARTICLE 24 - UNIFORMS, EQUIPMENT, PERSONAL
PROPERTY AND REPLACEMENT
. 24.1 - Initial Issue 32
. 24.2 - Change in Issuance 32
. 24.3 - Uniform and Equipment Replacement 32
. 24.4 - Dry Cleaning/Laundering 32
. 24.5 - Damaged, Destroyed, Lost Personal Property 33
. 24.6 - Termination 33
ARTICLE 25 - VACATION LEAVE
. 25.1 - Vacation Year 33
. 25.2 - Conditions for Accrual 34
. 25.3 - Vacation Accrual Schedule 34
. 25.4 - Vacation Carry-Over 34
. 25.5 - Vacation Scheduling/Use 35
. 25.6 - Rates of Pay for Vacation Hours 35
. 25.7 - Payment for Accrued Vacation Leave Upon Resignation! 35
Separation or Death
ARTICLE 26 - HOLIDAYS
. 26.1 - Paid Holidays 36
. 26.2 - Special Holidays 36
. 26.3 - Holiday Work 36
. 26.4 - Holiday Pay 36
ARTICLE 27 - PERSONAL LEAVE
. 27.1 - Allocation & Usage of Leave 37
. 27.2 - Payment for Unused Personal Leave Upon Layoff or Death 38
ARTICLE 28 - INSURANCE
. 28.1 - Medical, Dental & Vision Benefits 38
. 28.2 - Liability Insurance 44
. 28.3 - Change in Carriers 44
. 28.4 - Life Insurance 44
ARTICLE 29 - SICK LEA VE
. 29.1 - Sick Leave Accrual 45
. 29.2 - Use of Sick Leave 45
. 29.3 - Conversion of Sick Leave 46
. 29.4 - Sick Leave Transfer from Prior Public Employer 48
ARTICLE 30- INJURY LEAVE
. 30.1 - Injury Leave With Pay 48
ARTICLE 31 - SPECIAL LEAVES
. 31.1 - Leave Without Pay 49
. 31.2 - Leave With Pay 49
ARTICLE 32 - LEAVE DONATION PROGRAM
. 32.1 - Purpose 51
. 32.2 - Definitions 51
. 32.3 - Program Regulations 52
ARTICLE 33 - TRAINING AND TUITION REIMBURSEMENT
. 33.1 - Training 55
. 33.2 ~ Tuition Reimbursement 56
ARTICLE 34 - EMPLOYEE INCENTIVE PROGRAMS
. 34.1 - Employee Incentive Programs 57
. 34.2 - Employee Discounts 57
ARTICLE 35 - TRAINING ASSIGNMENTS
. 35.1 - Compensation 57
ARTICLE 36 - DURATION
. 36.1 - Duration 57
. 36.2- Signatures 57
ARTICLE 1
CONTRACT
Section 1.1 Contract. This Contract is made and entered into at Dublin, Ohio by and between
the City of Dublin, as Employer, also referred to as "Employer" or "Division", and the Fraternal
Order of Police, Ohio Labor Council, Inc., hereinafter referred to as the "F.O.P./O.L.C.", O.L.C.,
or the Union.
Section 1.2 Purpose. This Contract is made for the purpose of setting forth the understandings
and agreements between the parties governing the wages, hours, terms and conditions of
employment for those employees included in the bargaining unit identified herein.
Section 1.3 Savin2s Clause. Should any part of this Contract be held invalid by operation of
law or by final order issued by any tribunal of competent jurisdiction, or should compliance with
or enforcement of any part of this Contract be restrained by any such tribunal pending a final
determination as to its validity, such invalidation or temporary restraint shall not invalidate or
affect the remaining portions hereof or the application of such portions to persons or
circumstances other than those to whom or to which invalidation of any portion of this Contract
by final order issued by a tribunal of competent jurisdiction or by operation of law, and upon
written request by either party, the parties to this Contract shall meet within thirty (30) days of
receipt of the written request, in an attempt to modify the invalidated provisions by good faith
negotiations.
Section 1.4 Conflictin2 A2reements. The Employer, the Union, and employees agree that none
of their representatives shall make or ask an employee to make any written or verbal agreement
which would conflict with this Contract.
Section 1.5 Contract Amendments. Unless otherwise specified in this Contract, no changes in
this Contract shall be negotiated during its duration unless there is written accord to do so by and
between the parties. Any negotiated changes, to be effective and incorporated in this Contract,
must be in writing and signed by the parties.
Section 1.6 Applicabilitv. This Contract, when executed, shall supersede and replace all
applicable state and local laws which it has authority to supersede and replace. Where this
Contract is silent, the provisions of applicable law shall prevail.
ARTICLE 2
RECOGNITION
Section 2.1 Reco2nition. The Employer recognizes the Union as the sole and exclusive
representative for all employees in the bargaining unit described herein in any and all matters
relating to wages, hours, terms and conditions of employment, and the continuation,
1
modification, or deletion of an existing provision of this Contract and for the administration of
this Contract.
Section 2.2 Ban!ainin2: Unit. There shall exist in the City of Dublin a bargaining unit
consisting of:
All full-time Communications Technicians who are employed by the Employer, excluding
Communications Supervisors.
References throughout this Contract to bargaining unit members shall mean employees within
the bargaining unit.
ARTICLE 3
UNION BUSINESS
Section 3.1 Dues Deduction. The Employer agrees to deduct Union membership dues in the
amount certified by the Union to the Employer, the first pay period of each month from the pay
of any Union member requesting the same in writing. The Employer also agrees to deduct
Union initiation fees and assessments, in the amount certified by the Union to the Employer, the
first pay period of each month, in which such fees and assessments are due, from the pay of any
appropriate Union member.
If a deduction is desired, the Union member shall sign a payroll deduction form. Once each
calendar month, a warrant in the aggregate amount of the deductions made for that calendar
month, together with a listing of the Union members for whom deductions were made, shall be
furnished to the Assistant Director of the Union. Nothing herein shall prohibit Union members
covered by this Contract from submitting dues directly to the Union.
The Employer shall provide the Union with additional payroll deductions for the purpose of the
Union providing additional non-employer-provided employee benefits, providing the Employer's
payroll accounting system possesses sufficient capacity and capability for additional deductions,
and that the City determines that such deduction is for a legitimate program, the provisions under
such a program are not substantially similar to programs already offered through payroll
deduction, and further, that at least sixty percent (60%) of the bargaining members declare
interest (in writing) in enrolling in such a program.
No other employee organization's dues shall be deducted from any employee's pay for the
duration of this Contract.
The Union agrees to hold the Employer harmless should any deductions be found to have been
unlawfully, illegally or improperly taken. Further, the Union agrees to indemnify the Employer
and to provide legal counsel in defending any action claiming that a deduction has been
unlawfully, illegally or improperly made and will further reimburse the Employer for any
2
payments made by the Employer as a result of any finding by an administrative agency or court
of law that it has unlawfully, illegally or improperly made deductions.
Section 3.2 Fair Share Fee. Bargaining unit employees who are not members of the Union
shall, as a condition of employment, pay to the Union a fair share fee. The amount of the fair
share fee shall be determined by the Union, but shall not exceed dues paid by members of the
Union who are in the bargaining unit. Such fair share fee shall be certified by the Union to the
Employer at such time during the term of this Contract as necessary to be accurate. Such
payment shall be subject to an internal Union rebate procedure meeting all requirements of state
and federal law.
For the duration of the Contract, such fair share fee shall be automatically deducted by the
Employer from the payroll check of each bargaining unit employee who is not a member of the
Union. The automatic deduction shall be made in the first pay period of each month. The
Employer agrees to furnish the Assistant Director of the Union once each calendar month, a
warrant in the aggregate amount of the fair share fees deducted for that calendar month, together
with a listing of the bargaining unit employees for whom said deductions are made.
The automatic deduction shall be initiated by the Employer whenever a bargaining unit
employee who is not a member of the Union has completed his or her first sixty (60) days of
employment.
The Union agrees to hold the Employer harmless should any deductions be found to have been
unlawfully, illegally or improperly taken. Further, the Union agrees to indemnify the Employer
and provide legal counsel in defending any action claiming that a deduction has been unlawfully,
illegally or improperly made and will reimburse the Employer for any payments made by the
Employer as a result of any findings by an administrative agency or court of law that it has
unlawfully, illegally or improperly made deductions.
Section 3.3 Bulletin Boards. The City agrees to provide bulletin board space at Division
headquarters. Union bulletins and Union material will be permitted to be posted on this bulletin
board space. Non-bargaining unit members shall not be permitted to remove, add to or alter the
material posted on this designated space unless said material contains obscene, racially or
sexually offensive material.
Section 3.4 Meetin2: Locations. The Union shall be permitted, upon prior notification to the
Chief of Police, to hold meetings, for the bargaining unit membership, at police headquarters or
other City building, room or facility. The notification required under this Section shall be in
writing (hard copy or e-mail), shall be delivered to the Chief, or his designee, at least forty-eight
(48) hours prior to the time of the meeting, and shall state the date, time, and requested location
of the meeting.
The Employer agrees to hold the requested location open for use by the Union on the date and at
the time specified in the Union's notification to the Chief. However, if it is not practicable for
the Employer to provide the requested location to the Union, the Employer will so notify the
Union and make every effort to provide for an alternate meeting location in another City
3
building, room or facility. No employee shall attend the above-referenced meetings while on
duty without receiving prior approval from the Chief of Police or his designee. Such approval
shall not be unreasonably withheld.
No bargaining unit employee or member of the Union shall be obligated or asked to divulge to
the Employer information discussed at said meetings.
Section 3.5 Ballot Boxes. The Union shall be permitted, upon prior notification to the Chief of
Police, to place a ballot box at Division headquarters for the purpose of collecting members'
ballots on all Union issues subject to ballot. Such box shall be the property of the Union and
neither the ballot box nor its contents shall be subject to the Employer's review.
Section 3.6 Use of Intra-Department Mail. The Union shall be permitted to utilize the intra-
departmental mail (including electronic mail) system for the purpose of providing information
pertaining to Union business or bargaining unit representation, to bargaining unit employees.
The Union agrees that the use of the mail system will be reasonable and limited to providing
information that is necessary for the normal conduct of Union business or bargaining unit
representation. All mail placed into the mail system by the Union shall be the property of the
bargaining unit employees to whom it is addressed, shall be clearly labeled as Union mail, and
such mail shall not be subject to the Employer's review.
Section 3.7 Use of Emplover's Property/EQuipment. When possible, a Union representative
will give advance notice and obtain approval from the Chief or his designee if the Union intends
to use the Employer's equipment or property for Union business or other non-work related
activities. In the Chiefs or designee's absence, notice shall be given to and approval obtained
from the shift supervisor at the time. Permission of the Chief or his designee to use the
equipment or property will not be withheld without a valid reason.
Section 3.8 Bareainine Unit Representatives. Representatives of the Union shall be permitted
to transact official Union business at Divisional work sites at all reasonable times, provided that
this shall not interfere with or interrupt normal Division operations.
The bargaining unit is authorized to select one (1) employee representative and two (2) alternates
to conduct bargaining unit business. The employee representative, upon giving reasonable
notice, and upon receiving authorization from the Communications Supervisor, or in his absence
the Support Services Lieutenant, shall be allowed reasonable time off during regular working
hours to investigate a grievance, consult with the Employer in addressing labor/management
issues, process a grievance, or assist in the settlement of a dispute. Permission to perform these
functions shall not be unreasonably denied.
Section 3.9 Neeotiatine Committee. On days when actual negotiation sessions are scheduled,
representatives will have their work schedule altered to day shift provided said change can be
made without creating any overtime obligation to the City and it does not take any shift below
minimum staffing levels as determined by the Division of Police. The Union will notify the
Employer of the names and normal work schedules of representatives whose schedules need to
be changed prior to the first negotiation meeting. No members of the Union negotiation
4
committee will be allowed to attend work sessions of the negotiation committee while on duty if
their attendance would reduce staffing during said time period below minimum staffing levels as
set by the Division of Police. No overtime obligation shall be incurred by the City as a result of
any bargaining unit member attending work sessions or any other sessions related to
negotiations. Time spent by a bargaining unit member attending work sessions, negotiations, or
any Union related business outside their scheduled shift, shall not constitute hours worked.
ARTICLE 4
NONDISCRIMINATION
Section 4.1 Joint Pled2e. The provisions of this Contract shall be applied equally to all
employees without regard to age, sex, race, color, religion, political affiliation, disability or
national origin.
Section 4.2 Emplover Pled2e. The Employer agrees to not interfere with the right of the
employees to become members of the Union. There shall be no disparate treatment, interference,
restraint or coercion by the Employer or any representative of the Employer against any
employee because of Union membership or because of any lawful employee activity in an
official capacity on behalf of the Union.
Section 4.3 Union Pled2e. The Union, within the terms of its constitution and bylaws, to the
extent said terms are legal and in compliance with state and federal law, agrees to not interfere
with the desires of any employee of the bargaining unit to become and remain a member of the
Union. The Union agrees to fairly represent all employees of the bargaining unit subject to the
provisions and procedures set forth in Sections 4117.11(B) and 4117.12 of the Revised Code.
Section 4.4 Gender Reference. All reference to employees in the Contract designate both
sexes, and whenever the male gender is used, it shall be construed to include male and female
employees.
ARTICLE 5
MANAGEMENT RIGHTS
Section 5.1 Mana2ement Ri2hts. Except as specifically limited herein, the Employer shall have
the exclusive right to manage the operations, control the premises, direct the working forces, and
maintain efficiency of operation of employees. Specifically, the Employer's exclusive
management rights include, but are not limited to, the sole right to:
A. hire, discipline and discharge for just cause, layoff, and promote;
B. promulgate and enforce reasonable employment rules and regulations;
5
C. reorganize, discontinue, or enlarge the Division of Police;
D. transfer employees (including the assignment and allocation of work) within the Police
Division;
E. introduce new and/or improved equipment, methods and/or facilities, to determine work
methods;
F. determine the size and duties of the work force, the number of shifts required, and work
schedules;
G. establish, modify, consolidate, or abolish jobs (or ranks);
H. determine staffing patterns, including but not limited to assignment of employees,
numbers employed, duties to be performed, qualifications required, and areas worked.
The exercise of the above listed management rights is subject only to the restrictions and
regulations governing the exercise of these rights as are expressly provided herein and/or as
permitted or provided by applicable law.
An employee or his representative may raise a legitimate complaint or file a grievance based
upon the provisions of this Article.
ARTICLE 6
LABOR/MANAGEMENT MEETINGS
Section 6.1 Meetin2;s. In the interest of sound labor/management relations, upon request of
either party, at a mutually agreeable date and time, not more than four (4) representatives of the
Employer shall meet with not more than three (3) Union employee representatives and one (1)
non-employee Union representative to discuss pending issues and/or problems and to promote a
more harmonious labor/management relationship. Upon either party's request these meetings
will be held at least semi-annually at mutually agreeable times, but may be held more often by
agreement.
An agenda will be exchanged by the parties at least five (5) working days in advance of the
scheduled meeting with a list of matters to be taken up in the meeting and the names of those
representatives from each side who will be attending. All matters on the agenda requested by the
parties to be discussed, will be discussed. The purpose of such meeting shall be to:
A. Discuss the administration of this Contract;
B. Discuss grievances which have been processed beyond the final Step of the Grievance
Procedure, when such discussions are mutually agreed to by the parties;
6
C. Disseminate general information of interest to the parties, or discuss potential grievances
when agreed to by both parties.
D. Consider and discuss health and safety matters relating to employees; and
E. Discuss any other items the parties mutually agree to discuss.
ARTICLE 7
SAFE EQUIPMENT
Section 7.1 Safe EQuipment. The Employer will furnish and will maintain in good working
condition the necessary tools, facilities, vehicles, supplies and equipment required for employees
to safely carry out their duties. Employees are responsible for reporting unsafe conditions or
practices, for avoiding negligence, and for properly using and caring for tools, facilities, vehicles,
supplies, and equipment provided by the Employer.
ARTICLE 8
GRIEVANCE PROCEDURE
Section 8.1 Definition. A "grievance" is an allegation by one or more employees that there has
been a breach, misinterpretation, or improper application of this Contract. It is not intended that
the Grievance Procedure be used to effect changes in this Contract, nor in those matters not
covered by this Contract.
Section 8.2 Jurisdiction. If exclusive administrative relief of a judicial or quasi-judicial nature
is provided for by the statutes of the State of Ohio, or of the United States, for review or redress
of specific matters (such as civil rights, etc.) such matters shall not be subject to this Grievance
Procedure, or be processed hereunder. Except as provided above, the Grievance Procedure, as
set forth in this Article, shall be the exclusive remedy for bargaining unit employees.
Section 8.3 Qualifications All grievances must proceed through the Grievance Procedure
described in Section 8.5 of this Contract, and be presented at the proper step and time in
progression in order to be considered at subsequent steps. The proper step to initiate the
grievance is Step 1 unless the occurrence that gave rise to the grievance originates at another
step. The grievant may either initiate his grievance at Step 1 or at the step at which the
occurrence which gives rise to the grievance originates. A grievance shall be considered
withdrawn at any point where an employee submits a written statement to that effect, or where
time requirements at any step have lapsed, without further appeal by the employee.
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Any grievance not answered by the employer within the stipulated time limits, may be advanced
by the employee to the next Step in the Grievance Procedure. All time limits on grievances set
forth herein, may be extended only by mutual written consent of the parties.
A grievance may be brought by an aggrieved employee covered by this Contract. Where more
than one (1) employee desires to file a grievance involving an incident affecting several
employees in the same or similar manner, one (1) employee shall be selected by the bargaining
unit to process the grievance. Each aggrieved employee who desires to be included in the
grievance shall sign the grievance.
Section 8.4 Grievance Form. The aggrieved employee shall use a written grievance form
which shall provide the following information:
A. Grievant's name and signature;
B. Date, time and location of grievance;
C. Description of incident giving rise to the grievance;
D. Article or Section of the Contract allegedly violated;
E. Date grievance was first discussed;
F. Name of supervisor with whom grievance was first discussed;
G. Date grievance was filed in writing; and
H. Desired remedy to resolve the grievance.
The bargaining unit shall be responsible for its accounting, duplication and distribution of
grievance forms.
Section 8.5 Grievance Procedure. It is the mutual desire of the Employer and the bargaining
unit to provide for prompt adjustment of grievances, with a minimum amount of interruption of
the work schedules. Every reasonable effort shall be made by the Employer to effect the
resolution of grievances at the earliest possible step. In furtherance of this objective, the
following procedure shall be followed:
A. Step 1 - Informal. The employee shall orally present the grievance to the employee's
immediate supervisor within fourteen (14) calendar days from the time the employee
becomes aware of the occurrence which gave rise to the grievance. The immediate
supervisor shall investigate and provide an appropriate answer within fourteen (14)
calendar days following an informal meeting at this Step. There shall be no prohibition
against having a grievance representative present.
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B. Step 2 - Chief of Police. If the grievance is not resolved in Step 1, and the employee
wishes to proceed to Step 2, the employee shall reduce the grievance to writing and shall,
within seven (7) calendar days of the answer at Step 1, present the written grievance to
the Chief of Police or his designee. The Chief of Police or his designee shall investigate
and respond, in writing, to the employee within fourteen (14) calendar days following the
presentation of the grievance to Step 2.
C. Step 3 - City Mana2er. If the grievance is not resolved in Step 2, and the employee or
the Union Staff Representative wishes to proceed to Step 3, the employee shall present
the written grievance to the City Manager or his/her designee within seven (7) calendar
days from receipt of the Step 2 answer. The City Manager or his designee shall
investigate the matter and shall meet with the Employee and his desired representative
within fourteen (14) calendar days of the receipt of the grievance. A written response to
the grievance shall be provided to the employee(s) within fourteen (14) calendar
following the meeting at Step 3.
D. Step 4 - Arbitration. If a grievance is not satisfactorily resolved at Step 3, the Union
Staff Representative may submit the grievance to Arbitration. If a written notice of intent
to file under the Arbitration Procedure is not received by the City Manager or his
designee within fourteen (14) calendar days following the date ofthe response outlined in
Step 3, the grievance shall be considered resolved. After receipt of a request to arbitrate
from the Union, a designee of the City Manager and the Union shall attempt to agree on
an arbitrator. The parties shall make a joint request to the Federal Mediation Conciliation
Service for a panel list of nine (9) arbitrators. The parties shall then choose an arbitrator
by alternately striking names from the list until such time as one (1) name remains as the
arbitrator chosen by the parties. Prior to beginning the striking procedure, either party
may reject the list and submit a request for another list from the arbitration tribunal.
In issuing an award, the arbitrator shall be limited to the enforcement of the specific
provisions of the Contract. He may not alter, amend, modify, add to or subtract from the
provisions of the Contract.
The question of arbitrability of a grievance, may be raised by either party before the
arbitration hearing on the grievance, on the grounds that the matter is not arbitrable or
beyond the Arbitrator's jurisdiction. The first question to be placed before an arbitrator
will be whether or not the alleged grievance is within the purview of the Arbitrator.
Thereafter, the alleged grievance will be heard on its own merits before the same
Arbitrator.
The decision of the Arbitrator shall be final and binding. The Arbitrator shall be without
authority to recommend any right to relief on any alleged grievance occurring at any
other time than the contract period in which the right originated. The Arbitrator shall not
establish any new or different wage rates not negotiated as part of the Contract. In case
of discharge, suspension or reduction, the Arbitrator shall have the authority to award
modification of said discipline.
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The Arbitrator shall render, in writing, his findings and award as quickly as possible
within thirty (30) calendar days after the hearing is closed and post-hearing briefs are
submitted. The arbitrator shall forward such findings and award to the City Manager, or
his designee, and to the a.L.c. Attorney, or his designee.
Any employee who is expected to testify, and whose testimony is relevant to the
arbitration, shall be released with pay to attend the hearing, provided that the hearing is
held during the employee's regular work hours. Any expense related to any non-
employee witness(es) shall be borne by the party requesting the non-employee attendance
at the arbitration hearing.
Both the Union and the Employer shall share equally in the cost of the arbitration
proceedings.
Section 8.6 Ri2:ht to Representation. A grievant has a right to representation at all Steps of the
Grievance Procedure and shall have an opportunity to fairly present his case by presentation of
witnesses and/or other pertinent information. The grievant and appropriate witnesses shall be
entitled to be present at any Step in the Grievance Procedure and shall not lose pay as a result of
such attendance, if a meeting is scheduled during working hours. Grievance meetings shall be
scheduled at mutually agreeable times.
Section 8.7 Extension of Time Limits. It is the Employer's and the Union's intention that all
time limits in the above grievance procedure shall be met. However, to the end of encouraging
thoughtful responses at each Step, the Union's and the Employer's designated representative may
mutually agree, at any Step, to short-term time extensions. But any such agreement must be in
writing and signed by the parties. In the absence of such mutual extensions, if no response is
forthcoming within the specific time limits, the grievance will be moved to the next Step in the
Procedure. However, if no response is forthcoming and the employee desires to receive a
response, the employee can request that the particular official at the applicable Step respond in
writing. The employee will hand deliver a memorandum to both the Chief or his designee and
the Human Resources Director or his designee requesting such a response. The applicable
official will then respond within seven (7) calendar days from the receipt ofthe memorandum. If
a response is not forthcoming within the seven (7) calendar day period the grievance is presumed
granted by the City in full and the City shall implement the requested remedy, except if the
requested remedy would constitute a violation of law.
ARTICLE 9
INTERNAL REVIEW PROCEDURES
Section 9.1 Scope. Except for the informal procedure for non-serious complaints or alleged non-
serious offenses described in Section 9.3 below, the investigative procedures set forth in this
Article shall be followed whenever an employee is suspected of or charged with an act which
could result in disciplinary action or criminal charges being filed against the employee.
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Section 9.2 Informal Process for Non-Serious Complaints or Offenses. In recognition of the
fact that many types of complaints are of a very minor or non-serious nature which can be
resolved at an initial, informal stage, the following procedure may be adhered to where an
informal resolution is likely to occur.
After a complaint is received or phoned in and is memorialized in writing by the employee
taking the complaint, an informal process may be initiated for resolution of minor infractions or
non-serious allegations. The investigating supervisor, whether a Communications Supervisor,
Shift Sergeant, Support Services Lieutenant, or Chief, may approach the employee and attempt
to gather the facts about the allegation from the employee. At that time, the investigating
supervisor shall notify the accused employee of the nature of the complaint. If the complaint
cannot be resolved at this informal level or the charged employee elects not to make any
statement, the official investigative procedure will be put into place as identified in the remaining
sections of this Article. If other, more serious allegations other than those initially charged are
raised during the informal investigation, the matter will be immediately transferred to the formal
process and subject to progressive discipline. Cases processed and resolved at the informal level
may result in no more than a letter of reprimand. If the matter is not resolved at the informal
level, it shall be set for a meeting and subject to the principles of progressive discipline.
If the matter is not informally resolved, a meeting shall be set with the accused employee within
seventy-two (72) hours at the direction of the Chief of Police or his designee. The employee, at
his/her choosing, may bring a representative to this meeting. The purpose of this meeting is to
formally provide the accused employee with the complaint in writing. At that time, the
Communications Supervisor will again be permitted to gather information pertinent to the
complaint from the accused employee with the presence of his representative.
Section 9.3 Notification. An employee shall be informed of the nature of the investigation
(whether disciplinary or criminal) and shall be provided written notice of the specific factual
allegations made against him (except at the informal level), including a copy of the written
complaint made against him, prior to any questioning. If either felony or misdemeanor charges
are contemplated, the employee shall be informed of his constitutional rights in advance of any
questions.
Section 9.4 Ri2ht to Representation. All questioning sessions shall be scheduled so that the
employee has an opportunity to obtain representation from the Union. The Union representative
or attorney shall be permitted to be present at any questioning and shall be afforded a reasonable
opportunity to consult with the employee during questioning.
Section 9.5 Conduct of Ouestionin2. As used in this Article, questioning refers to any
investigation, internal affairs review, or interrogation whether or not the employee is to be
questioned. The following rights are accorded to the employee subject to questioning:
A. Any questioning of an employee will be conducted at hours reasonably related to his
shift, preferable during his working hours. Such sessions shall be for reasonable periods
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of time, and time shall be allowed during such questioning for rest periods and for an
employee's attendance to physical necessities.
B. Before an employee may be charged with insubordination or like offenses for refusing to
answer questions or participate in any investigation, he shall be advised that such
conduct, if continued, may be made the basis for such a charge; except that an employee
who refuses to answer questions or participate in any investigation shall not be charged
with insubordination or like offense for such refusal as permitted on an exercise of his
constitutional rights in a criminal matter.
C. Such questioning shall be recorded by the Employer at the request of either party. Tapes
will be made by the Employer and may also be made by the employee and/or his Union
representative or attorney. The employee and his Union representative or his Union
attorney will be afforded the opportunity, upon written request directly to the Chief or his
designee, to listen to make personal notes regarding a tape made of his interview by the
Division.
D. Any statements or evidence obtained in the course of questioning through the use of
threats, coercion or promises other than notification that the employee may be charged
with insubordination shall not be admissible in any subsequent criminal action or internal
proceeding. However, explaining to an employee that potential corrective action could
result if the employee continues to refuse to answer questions or participate in an
investigation shall not be considered as such threats, coercion or promises, subject to
provisions of paragraph (B) of this Section.
E. In the course of questioning, an employee may only be give a polygraph examination
with his consent. The results of this examination cannot be used in any subsequent
criminal action. Where consent is given, a polygraph examiner shall be chosen by mutual
agreement of the Employer and the Union.
Section 9.6 Access to Tapes and Documents. Once the investigation is completed, and no later
than two (2) days after requested, and reasonably in advance of any Pre-Disciplinary Conference,
the employee who is subject to questioning, and his Union representative or attorney where one
is involved, will be provided access to transcripts, records, written statements, and tapes
pertinent to the case, including transcripts of questioning asked and response to polygraph
examinations.
Section 9.7 Citizen Complaint. In order for a citizen complaint to be considered as possible
grounds for disciplinary action, it must be reduced to writing and signed by the citizen within
thirty (30) calendar days after the date of the alleged event upon which the complaint is based. If
the incident alleges conduct which, if true, could lead to criminal charges, the thirty (30) day
requirement shall not be applicable.
Section 9.8 Initial Investi2ation. All complaints, internal investigations and Divisional charges
should initially be under the provInce of the Communications Supervisor. If the
Communications Supervisor is not on-duty, the Officer-In-Charge (O.I.C.) will be responsible
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for noting the incident and forwarding it to the Communications Supervisor or the Support
Services Lieutenant no later than forty-eight (48) hours after the incident. When the incident is
forwarded, the Communications Supervisor will investigate and make recommendations to the
Chief. If the Communications Supervisor is not available within forty-eight (48) hours of the
alleged incident or on the Monday following the alleged incident if it occurs on the weekend, the
Support Services Lieutenant will investigate and make recommendations to the Chief. If the
claim is made that any provisions of this Article are violated by the Employer, such violations
shall be subject to the Grievance Procedure beginning at Step 2.
ARTICLE 10
DISCIPLINE
Section 10.1 Discipline for Cause. No bargaining unit employee shall be reprimanded,
suspended, reduced in pay, or removed, except for grounds stated in this Contract. The
Employer may take disciplinary action against any employee only for just cause. The Employer
may take this type of action while the employee is on duty; working under color of employment
for the Employer; or off-duty representing himself as an employee of the Division or while
engaged in conduct that might affect his ability to perform his duties as an employee. The
employee may not be disciplined for actions on his own personal time that do not reflect directly
on the Division, or do not violate any State or Federal statutory provisions, or off-duty
employment Divisional Standards of Conduct, Rules and Regulations. Incompetency,
inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment
or neglect of duty, absence without leave, or any conduct unbecoming an employee, or any other
acts of misfeasance, malfeasance or nonfeasance, or violations of any Dublin Division of Police
General Orders shall be cause for disciplinary action.
Section 10.2 Pro2ressive Discipline. Except in instances where an employee engages in serious
misconduct, the facts and circumstances of which could justify suspension or discharge,
discipline will be applied in a progressive manner. Progressive discipline shall take into account
the nature of the violation, an employee's record of discipline, and the employee's record of
conduct.
Ordinarily, a progressive disciplinary action will involve an oral reprimand before a written
reprimand, a written reprimand before a suspension, and a suspension before reduction in payor
removal for a repeated, similar, or related offense. The commission of a repeated or related
offense for which an oral reprimand has been given, permits, but does not require, the Employer
to issue a written reprimand. Should a written reprimand be issued, the Employer is permitted,
but not required, to issue a suspension for the commission of a related offense of the same,
similar, or related nature. Should a suspension be issued, the Employer is permitted, but not
required, to reduce in payor remove the employee for the commission of a repeated offense of
the same, similar, or related nature.
In all instances of discipline, the Employer shall only impose a disciplinary penalty
commensurate with the offense, which, where practicable, may assist the employee in correcting
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whatever action or behavior is deemed inappropriate. Nothing herein precludes the Employer
from utilizing positive steps, including counseling, to correct an employee's inappropriate action
or behavior.
When disciplinary action is first proposed, the employee and his representative will be allowed
an opportunity, if desired to meet with the appropriate supervisor to discuss the proposed
discipline.
Section 10.3 Disciplinarv Action. The prerogative to issue oral reprimands and written
reprimands rests solely within the Divisional hierarchy of authority. Where there is reason to
believe that an employee is guilty of an offense which might lead to suspension without pay,
reduction in payor rank, or removal, the Chief has the responsibility to specify charges and the
proposed penalty against the employee, which charges shall be heard in a Pre-Disciplinary
Conference, as established in Section 10.4. In specifying charges, the Chief shall provide the
employee with all evidence supporting the charges.
Section 10.4 Pre-Disciplinary Conference. When charges are specified by the Chief, a Pre-
Disciplinary Conference shall be scheduled to give the employee an opportunity to offer an
explanation of the alleged offense/misconduct. Pre-Disciplinary Conferences will be conducted
by the City Manager, or his designee.
Not less than seven (7) calendar days prior to the scheduled Pre-Disciplinary Conference, the
Chief will provide the employee with written notice of the preferred charges. The employee may
choose to:
I) appear at the Conference to present an oral or written statement in his defense;
2) appear at the Conference with a Union representative or attorney; or
3) elect to waive (in writing) the opportunity to have a Pre-Disciplinary Conference.
At the Pre-Disciplinary Conference, the City Manager, or his designee, will ask the employee or
employee's representative to respond to the preferred charges. At the Pre-Disciplinary
Conference, the employee or his representative shall be permitted to offer testimony and
evidence in his defense, call witnesses material to his defense, and confront his accusers. The
employee or his representative shall provide a list of witnesses to the City Manager or his
designee as far in advance as possible, but no later than two (2) calendar days prior to the Pre-
Disciplinary Conference. It is the employee's responsibility to notify his witnesses that he
desires their attendance at the Pre-Disciplinary Conference.
A written report will be prepared by the City Manager, or his designee, summarizing the findings
of fact and disciplinary penalty to be imposed, if any. A copy of this written report will be
provided to the employee or his representative within fourteen (14) calendar days following the
Conference. Pre-Disciplinary Conferences shall be tape-recorded. A copy of the recording shall
be furnished to the employee, his/her Union representative, or his/her attorney, upon request,
within forty-eight (48) hours of the close of the Conference. The employee may also record the
Conference.
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Any imposition of discipline shall be accomplished in such a manner that will not embarrass the
employee before other employees or the public.
Section 10.5 COpy of Discipline Record. Whenever a disciplinary action is taken which results
in a disciplinary action of record, (Section 10.2), the employee shall be given a copy of such
record.
Section 10.6 Appeal. The Union may elect to appeal the disposition made by the City Manager
or his designee directly to arbitration as provided in Section 8.5 D. of this Contract. In the event
the Union wishes to appeal such decision to arbitration, written notice of the intent to file such an
appeal under the Arbitration procedure must be received by the City Manager or his designee
within fourteen (14) calendar days of the City Manager's, or his designee's, written
determination.
ARTICLE 11
PERSONNEL RECORDS
Section 11.1 Personnel File. One, and only one, official personnel file shall be maintained for
each employee and shall be in the custody of the Division of Human Resources. The personnel
file shall contain all the official records of the City regarding an individual employee with the
exception of medical records which shall be maintained in a separate file pursuant to applicable
Federal and State Law and which shall be considered confidential. Where past disciplinary
actions or allegations of misconduct are relevant to considerations of future disciplinary action or
promotion, only those disciplinary actions of record contained in the personnel file shall be
considered. An employee may review his personnel file at reasonable times in the presence of
the Human Resources Director, or his designee, upon written request to the Human Resources
Director. During the term of this Contract, each employee may obtain one copy of his entire
personnel file at no cost. This copy shall be provided upon request from the employee and
within a reasonable period of time. All other copies of documents shall be made available to the
employee at a reasonable charge. Anytime a document is placed in the employee's personnel
file, the employee shall be forwarded a copy of such document, with the exception of selection
records and materials created prior to the employee's date of appointment (e.g. background
investigations, polygraph examination, reference checks, criminal record checks, interview
appraisal forms and evaluation profiles, etc.); such selection records/materials shall be made
available for inspection of the employee upon request to the Human Resources Director. The
confidentiality of matters contained in the personnel files shall be the responsibility of the
Human Resources Director who shall release only such information permitted by law and then
only to those persons with a legitimate right to the information, subject to the provisions of the
Ohio Privacy Act, Ohio Public Records Act, or other applicable Federal or State Law. In the
event a legitimate request is made to inspect or obtain copies of records from an employee's
personnel file, the City will make a reasonable attempt to notify the employee that such a request
has been made.
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Section 11.2 Retention of Records. All actions of record, including appointment, evaluations,
promotions, reprimands, dismissals, suspensions, will be maintained in each employee's
personnel file throughout his period of employment. Record of documented oral reprimands will
not be considered for purposes of future disciplinary action more than six (6) months after
issuance provided that no repeated offense(s) of a same or similar nature have occurred within
said six (6) month period following issuance. Record of written reprimands will not be
considered for purposes of future disciplinary action more than twelve (12) months after issuance
provided that no repeat offense(s) of a same or similar nature have occurred within said twelve
(12) month period following issuance. Suspensions of less than thirty (30) days will not be
considered for purposes of future disciplinary action more than three (3) years after issuance
provided that no repeated offense(s) of a same or similar nature have occurred within said three
(3) year period following issuance.
In the event that a repeated offense(s) of a same or similar nature occurs during the appropriate
time limit(s), the initial disciplinary action shall be considered for the duration of the time period
for which the most recent documented disciplinary action will remain in effect, pursuant to this
Article.
Section 11.3 Inaccurate Documents. If, upon examining his personnel file, an employee has
reason to believe that there are inaccuracies in documents contained therein, he may write a
memorandum to the Personnel Director explaining the alleged inaccuracy. If the Personnel
Director concurs with the employee's contentions, he shall either correct or remove the faulty
document or attach the employee's memorandum to the document and note thereon his
concurrence with the memorandum. He may also attach the memorandum to the document and
note his disagreement with memorandum's contents.
ARTICLE 12
WORK RULES
Section 12.1 Work Rules. The Employer agrees that, to the extent possible, work rules shall be
reduced to writing and provided to all employees in advance of their enforcement. Any
allegation by an employee that a work rule or Departmental/Divisional directive is in violation of
this Contract, or has not been applied or interpreted uniformly to all employees, shall be a proper
subject for a grievance.
ARTICLE 13
POLITICAL ACTIVITY
Section 13.1 Political Activity. In addition to other rights, as permissible by law:
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A. An employee is permitted outside the City of Dublin to actively participate in partisan
political activity, provided that an employee undertakes such activity while off-duty, not
in identifiable uniform, and does not represent that such activity is either undertaken in
his official capacity as an employee of the Employer or is sanctioned by the Employer.
B. An employee is permitted within the City of Dublin to exercise his/her rights as a citizen
to express his/her personal opinions and to cast his/her vote. However, an employee shall
not:
1. orally or in writing solicit or in any manner be concerned with soliciting any
assessment, subscription or contribution of any type for any political party or
political purpose whatsoever from any person holding a position in the service of
the Employer;
2. make any contribution to the campaign funds of any candidate for a City of
Dublin elective office for the actual or apparent purpose of influencing said
persons or receiving favors of any nature from said persons; and,
3. become actively involved in the elective process or campaigns for any City of
Dublin elective office.
ARTICLE 14
SENIORITY
Section 14.1 Seniority. For purposes of this Contract, "Seniority" shall be defined as total
continuous service when hired as a full-time employee within the Communications Center.
Seniority shall begin to accumulate on the date an individual becomes employed in a full-time
position within the Communications Center; however, should more than one (1) individual be
hired on the same day, seniority preference will be determined by the individual's relative
ranking on the Final Eligibility List. An individual with a higher ranking shall always receive
seniority preference over an individual with a lower ranking. Methods for determining seniority
prior to the effective date of this contract shall not be affected. Continuous service shall reflect
the uninterrupted service of an employee as calculated by years/days of service. Continuous
service shall be interrupted only when a "break in service" occurs.
A "break in service" shall occur in the following instances:
A. RemovallDismissal
B. Failure to return from an authorized leave of absence
C. Resignation/Separation from a position within the Communications Center.
An employee who has a "break in service" and who is subsequently rehired or reinstated, shall
not receive continuous service credit and will be placed at the bottom of the seniority list.
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The following shall not constitute a break in service:
A. If an employee is reinstated due to the disaffirmance of removal or layoff;
B. When an employee leaves his or her position as a Communications Technician for a
promotion or lateral move within the Communications Center.
Section 14.2 Application of Seniority - Vacation Leave. When vacation leaves are to be
scheduled on an annual basis, and where in these instances there are two (2) or more employees
requesting vacation leave for the same period of time, the employee with the greater seniority
shall be granted the request, if the request is granted at all.
Section 14.3 Application of Seniority - Shift Assi2nments. Assignments to shift and shift slots
shall be posted for fifteen (15) days and shall be made by means of seniority unless the Chief
determines that the effective operation of the Division dictates that seniority not be the
determining factor for shift assignments and shift slots. Employees shall be given at least fifteen
(15) days notice of a change in shift assignments or shift slots. Employees who are serving in
their original appointment probationary period shall not have an opportunity to compete for a
new shift, unless their probationary period is completed prior to January 5th of the following
year.
By November I st of each year, the Division shall post a shift schedule for the upcoming year.
The Communications Supervisor shall present the proposed schedule to the most senior
Communications Technician. That individual shall have twenty-four (24) hours to decide which
position on the proposed schedule they desire. Once the most senior Communications
Technician makes a shift selection, he/she shall communicate such selection to the
Communications Supervisor via e-mail. The Communications Supervisor will log the selection
on the master schedule and pass the schedule along to the next most senior Communications
Technician for his/her shift selection. This procedure will continue until each Communications
Technician has made a bid for a shift. The new shift assignments will go into effect January 5th
of the upcoming year.
Section 14.4 No Postin2 Response. In instances where shift assignments, as set forth in Section
14.3 are posted and no employees respond to the posting, the Chief reserves the discretion to
make such assignments based upon the needs of the Division.
ARTICLE 15
EMPLOYEE ASSISTANCE PROGRAM
Section 15.1 Employee Assistance. The Employer and the members of the bargaining unit
recognize that a wide range of personal difficulties/problems in the lives of employees may
affect work performance and that most personal difficulties/problems can be successfully
resolved provided they are identified and referred to an appropriate source of assistance.
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The Employee Assistance Program (EAP) is provided by the Employer to assist employees and
their families in dealing with a wide range of personal difficulties/problems. This range of
personal difficulties/problems may include mental, emotional, financial, family, marital,
employment-related stress, drug abuse, alcoholism, legal, elder-care/aging, spiritual, career,
illness/disability, or other such difficulties/problems.
The purpose of the EAP shall be to help employees and their immediate family members deal
with the kinds of difficulties and problems identified above by linking them with resources that
can: provide appropriate help; reduce job performance problems; retain valued employees.
When an employee or someone in his/her immediate family is experiencing a problem, whether
or not such problem affects the employee's job performance, the employee and/or immediate
family members are strongly encouraged to seek assistance through the EAP.
Section 15.2 Covera2e Terms & Conditions. Under the coverage terms of the EAP, employees
and/or their immediate family members shall each be entitled to unlimited assessment and
referral and a maximum of three (3) sessions per problem, at no cost to the employee or family
member, for problems amenable to short-term counseling intervention. Employees and/or family
members are encouraged to access available benefits, as provided by the City medical benefits
program, for counseling/treatment beyond the three (3) session limit.
Section 15.3 Other EAP Terms & Conditions. The Employer and the members of the
Bargaining Unit agree that:
A. Participation in the EAP shall be strictly voluntary. However, employees and their
immediate family members who have problems they feel may affect their health, well-
being, and/or the employee's job performance, are encouraged to contact the EAP.
B. Employees and their immediate family members shall receive an offer of assistance to
help resolve such problems in an effective and confidential manner. All EAP issues shall
be handled in a confidential manner by the EAP provider consistent with federal and state
law. No information concerning the nature of individual personal problems will be
released without proper written consent from the employee and/or immediate family
member.
C. Nothing in this Article shall be interpreted as constituting a waiver of the Employer's
responsibility to maintain discipline or its right to take disciplinary action in accordance
with provisions of this Agreement. Normal disciplinary procedures shall remain
unaltered and use of the EAP shall not alter the responsibility of employees to maintain
an acceptable level of performance or acceptable behavior/conduct.
D. EAP-related appointments scheduled during normal work hours shall be scheduled within
the framework of the Employer's existing leave policies. Depending on the
circumstances involved, one or more forms of leave may be appropriate to attend such
appointments (i.e. sick, vacation, compensatory time, personal, etc.). Due to existing
procedures requiring the employee to provide a reason justifying the use of sick leave, the
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employee may not wish to use said leave for such appointments, as providing a reason for
the usage of said leave may disclose information the employee wishes to remain
confidential.
If the employee chooses to request sick leave, he is hereby advised that in providing a
justifiable reason for sick leave usage, he is voluntarily disclosing information.
Employees are hereby advised that if this is a concern, they should request another form
of leave where providing a reason for said leave usage is not required (i.e. vacation leave,
compensatory time, personal leave, etc.), or seek to schedule EAP-related appointments
outside of normal work hours. Flexible appointment hours shall be made available to
employees by the EAP provider.
E. Supervisory personnel may encourage the use of the EAP, recognizing the fact that many
job performance difficulties may be related to a personal problem. However, supervisory
personnel shall refrain from diagnosing personal problems or recommending specific
solutions other than referral to the EAP.
F. Supervisory training is critical to the success of the EAP. In that regard, the Employer
will provide supervisory training, to be scheduled at the discretion of the Employer, to
enhance the knowledge of supervisory personnel concerning the proper methods to be
used when dealing with an employee who is experiencing personal or work-related
distress.
G. The Employer shall reserve the right to contract, at its sole discretion, with the
company/organization of its choice that will, in its judgment, provide the most cost
effective, meaningful, and responsive service to the Employer and employees.
ARTICLE 16
SUBSTANCE ABUSE AND TESTING
Section 16.1 Purpose. The Employer and the Bargaining Unit recognize that the ability of an
employee to properly perform his or her duties depends, in part, on a workplace which is free of
substances abuse. In an effort to maintain a safe and healthy work environment, to promote
public safety, to uphold the public confidence in the work performed by City employees, to
provide employees who may be drug or alcohol dependent with an opportunity for treatment and
for remaining productive employees of the Division of Police, and in recognition that substance
abuse is a problem which, depending on individual circumstances, may require intervention,
rehabilitation, or discipline, it is the purpose of this Article to provide a method for responding to
the risks presented by the presence of substance abuse in the workplace by:
. requiring employees to submit to drug/alcohol testing when the City has reasonable suspicion
to believe that an employee is under the influence of drugs or alcohol while on City premises
or on City business, or when an employee is involved in a work-related accident or safety
violation resulting in any of the following:
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~ Bodily injury (other than minor abrasions/contusions) requiring off-site medical
attention;
~ Employee receives a traffic citation for a moving violation in connection with a
vehicular accident;
~ Vehicular damage in apparent excess of$I,OOO;
~ Non-vehicular property damage in apparent excess of $500;
~ Any vehicular accident involving fatalities.
. dealing with incidents of substance abuse which present a reasonable likelihood of risk to
employees, the general public, or other employees of the Employer;
. providing assistance to an employee with drug or alcohol dependency problems; and
. disciplining an employee whose work performance is adversely affected by substance abuse.
Section 16.2 Responsibility. Although it is the responsibility of every employee to be alert to
potential incidents of substance abuse in the workplace, it is the primary responsibility of
supervisors to initially respond to such incidents, particularly where circumstances are present
which pose a reasonable likelihood of risk to the public safety. Supervisors shall take such
action, not inconsistent with this Article, as they deem appropriate to eliminate the likelihood of
risks associated with any incident of potential substance abuse.
Section 16.3 Definitions. The following definitions shall govern this Article:
. "Under the influence" means that the employee is impaired in the performance of 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 suspicion" is an articulated belief that an employee is using illegal drugs or
misusing alcohol such that the employee's work performance is impaired by the presence of
alcohol or illegal drugs. This articulated belief must be drawn from specific and
particularized objective behavior and conduct exhibited by the employee, and reasonable
inferences therefrom. Reasonable suspicion may be based upon an employee's slurred
speech, odor, disorientation, abnormal appearance, conduct or behavior, or other observable
cause.
Section 16.4 Prohibited Conduct. For purposes of this Article, no employee shall, while
performing his or her duties for the Employer, while in the Employer's facilities or vehicles,
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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 16.5 Inspections. Bargaining unit employees hereby understand that any building,
facility, structure, property, etc., or the contents there of (i.e. employee lockers, offices, desks,
etc.), owned or leased by the City shall be subject to unannounced inspection at any time by
appropriate supervisory personnel and City officials.
Section 16.6 Reasonable Suspicion Testin2. An employee shall be tested for alcohol or illegal
drug usage when there is a reasonable suspicion that the employee is under the influence of
illegal drugs or alcohol, or an employee is involved in a work-related accident or safety violation
resulting in the incidents described in Section 16.1.
Section 16.7 Testin2 Determination. Upon determining that an employee must submit to
testing (whether urinalysis for drugs or breath for alcohol) because of reasonable suspicion or a
work-related accident or safety violation, the supervisor shall give the employee a reasonable
opportunity, prior to the test, to request the presence of or to seek the advice from a Union
representative.
The employee and the Union representative, if available, shall be given an opportunity to
communicate any information or other explanation relevant to the circumstances to the
supervIsor. The supervisor shall then determine, after considering all of the circumstances,
whether the test shall be administered. If the supervisor determines that a test shall be given,
testing shall take place immediately after discussion with the employee and the Union
representative, if available, but in no case longer than one hundred and twenty (120) minutes
after the reasonable suspicion or the work-related accident or safety violation determination has
been made.
Should a Union representative not be readily available and the supervisor believes time is critical
in determining whether or not the employee is impaired, the supervisor may direct the employee
to submit to testing immediately. The Union representative, if available, may accompany the
employee to and be present with the employee at the collection/testing site.
Section 16.8 Urine Samples. The collection and processing of urine samples shall, in the case
of drug testing, comply in all material and applicable respects to the procedures set forth in the
most recent revision of "DHHS: Mandatory Guidelines for Federal Workplace Drug Testing
Program" initially published on April II, 1988 in 53 Federal Register 11970. The Employer shall
contract with a certified laboratory for the collection, processing and testing of urine samples.
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Where the employee provides a sufficient urine sample at the time of the original sample
collection, this sample shall be split and placed in two (2) separate containers at the collection
site. In the presence of the employee at the testing site, and without ever leaving 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
employee.
The collection of urine samples shall allow individual privacy unless there is reason to believe
that the employee being tested may alter or substitute the specimen to be provided. Should it be
determined by qualified personnel at the collection site that the employee has adulterated,
diluted, tampered in any way with his/her specimen, substituted another individual's specimen
for his/her own, or has otherwise obstructed the collection/testing process by refusing to provide
a valid specimen, such shall be considered as a "refusal to submit to testing" and the employee
shall be subject to appropriate disciplinary action. The sample within the first container shall be
sent, by the most expedient means available, to the testing laboratory as soon as practicable on
the day of the test. The sample within the second container shall also be sent, by the most
expedient means available, to the testing laboratory where it shall also be stored in accordance
with all applicable Federal guidelines and regulations.
Section 16.9 Dru2 Testin2 Procedure. The laboratory shall commence testing of the sample
within the first container only if the sample is received in an undamaged condition, properly
sealed and labeled, and properly initialed by the employee. The certified laboratory shall first
conduct an initial screening of this sample. If illegal drugs are found in the sample, then that
sample shall be submitted for confirmatory testing. The initial screening shall be accomplished
by means of Thin Layer Chromatography (TLC) or equally reliable testing methods, and the
confirmatory test shall be accomplished by means of Gas Chromatography/Mass Spectrometry
(GS/MS).
If as a result of the initial screening and confirmatory test, the test result is positive, the employee
will be contacted directly by the Medical Review Officer (M.R.O.) at the testing company/lab
and will be given the opportunity to explain the reasons for a positive test result. Should the
employee offer an explanation that in the judgement of the M.R.O. sufficiently explains the
positive test result, the M.R.O. will consider the results as negative and the Employer will not be
contacted.
Should masking agents be found in the sample on the initial test, such shall be treated as a refusal
to submit to testing and any option to pursue testing of the specimen in the second container shall
be forfeited. The Employer shall be notified of such refusal to submit to testing. This refusal to
submit to testing shall then subject the employee to appropriate disciplinary action.
Section 16.10 Dru2 Test Results. If the test results are positive and the employee has not
offered an explanation to the M.R.O. sufficient to cause the M.R.O. to consider the results
negative, the Director of Human Resources/Procurement, or in his absence, his designee, shall be
notified and the Director, or his designee, shall in turn contact the employee. The employee
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 employee so requests, then the sample within the
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second container shall be tested by the Employer using a second certified laboratory, subject to
the testing procedure set forth in Section 16.9 of this Article.
If the employee does not request the testing of the sample within the second container after the
sample within the first container tests positive or if the employee requests the testing of the
sample within the second container and it is also tests positive for an illegal drug, rehabilitative
or disciplinary action shall be taken.
Should the results be a "dilute negative", the employee shall be required to repeat the testing
procedure within 24 hours; the result of the second test shall then become the test of record.
Should the candidate decline to repeat the testing procedure because of a "dilute negative" result
on the first test, such shall constitute a "refusal to submit to testing", which shall result in
appropriate disciplinary action. Should the results of the second test be "dilute negative", the
candidate shall be deemed to have successfully completed the testing process. Should a "dilute
positive" result be received by the City on the first or second test, such shall be considered as a
"verified positive test", which shall result in appropriate disciplinary action.
Section 16.11 Alcohol Testin2. Alcohol Testing shall be accomplished by means of Breath
Testing which shall be administered by a Breath Alcohol Technician (BAT). The Employer
shall contract with a provider to perform such breath testing and only Evidential Breath Testing
(EBT) devices certified by the Federal Government shall be used in the administration of such
testing.
Section 16.12 Alcohol Testin2 Procedure and Results. The Breath Alcohol Technician (BAT)
shall administer an initial breath test via the Evidential Breath Testing (EBT) device. If the
initial test results in a reading of less than 0.02, the test shall be recorded as "negative". If the
initial test results in a reading of 0.02 or greater, a confirmatory test shall be administered. Prior
to the administration of a confirmatory test, there shall be a 20-30 minute waiting period to
ensure that the presence of mouth alcohol from the recent use of food, tobacco, or hygiene
products does not artificially raise the test result.
Should the confirmatory test result be different from the initial test result, the confirmatory test
result shall be deemed the final result, upon which any disciplinary/corrective action shall be
based. A test result of 0.02 or greater on the confirmatory test shall subject the employee to
appropriate disciplinary/corrective action.
Section 16.13 Discipline/Rehabilitation. A positive test result for alcohol or illegal drug usage
may, depending on individual circumstances, result either in discipline and/or referral to the
Employee Assistance Program (EAP), as set forth in Article 15, for rehabilitation purposes.
Likewise, any refusal to submit to testing may, depending on the individual circumstances, result
in either discipline and/or referral to the Employee Assistance Program (EAP).
In addition, any employee who voluntarily seeks assistance with a drug or alcohol dependency
problem shall not be required to, but may, submit to a test and shall be initially referred to the
EAP, without any disciplinary action being taken and without any requirement for follow-up
random testing.
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A positive test result for alcohol or illegal drug usage may result in appropriate discipline to an
employee.
Any discipline to be imposed shall be for just cause and shall take into account all facts and
circumstances, including the need for testing, the employee's desire for and progress in
rehabilitation, and the employee's past work performance.
Any action taken pursuant to this Article including any positive test results, shall not be used as
evidence or otherwise in any criminal proceeding against the employee.
If an employee accepts a referral to the EAP for assessment as the result of a positive drug or
alcohol test as a result of being required to submit to a test or as a result of a refusal to submit to
testing, 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 employee shall further be subject to follow-up random drug or alcohol testing for a period of
up to one (1) year from the date of completion of the rehabilitation program. Failure to comply
with any of the conditions associated with the recommendation of the EAP Drug and Alcohol
Counselor, the conditions associated with the rehabilitation program, and random testing as
specified above, may result in discipline of the employee.
Bargaining unit Members shall be subject to appropriate disciplinary action for engaging in off-
duty, illegal conductlbehavior unbecoming a City employee emanating from the use of illegal
drugs or alcohol which detracts from the image or reputation of the City as an organization or
which erodes the public confidence in the City as an organization (e.g. disorderly conduct,
assault, fighting, criminal menacing, disturbing the peace, OMVI, etc., or other criminal acts).
ARTICLE 17
CONTRACT COPIES
Section 17.1 Contract Copies. As soon as is possible following the signing of this Contract, the
Employer and the Union shall have printed sufficient copies of this Contract. The actual cost of
printing this Contract, and any future printing beyond the copies specified herein in an amount
the parties may later agree as necessary, shall be shared equally by the parties. The Union shall
be responsible for distribution of copies to current members and the Employer shall be
responsible for distribution of copies to new members who are hired during the term of this
Contract.
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ARTICLE 18
EMPLOYEE MAIL
Section 18.1 Employee Mail. Mail (including electronic mail) which is addressed to an
employee shall not be opened by anyone other than the employee to whom it is addressed, unless
the employee has specifically provided written authorization to the contrary or it is reasonable to
assume that the contents of the mail likely involves other work-related activities to which prompt
review, attention, and/or response may be required. If someone other than the employee to
whom the mail is addressed opens the mail, they will sign their name, date and time on the
outermost piece of that mail. Mail that is not Union or work-related shall not be sent to an
employee at any public facility operated by the City of Dublin. Employees will not be
responsible for any non-work-related mail that they did not initiate.
ARTICLE 19
REIMBURSABLE BUSINESS EXPENSES
Section 19.1 Reimbursable Business Expenses. Whenever authorized to engage in or to
undertake official business for the Employer, an employee shall be reimbursed for reasonable
and necessary expenses and travel. If practicable, the employee shall be allowed the use of a
City vehicle for travel. If not practicable, reimbursement for authorized use of a personal
automobile will be at the current rate established by Internal Revenue Service (IRS). It is
recognized that the Employer has the right to promulgate reasonable regulations pertaining to
reimbursement for expenses and travel. Where overnight lodging is provided at the City's
expense, an employee will only be reimbursed for mileage to and from the training facility on
one occasion each way unless otherwise approved or directed by the Chief. All other travel is
considered to be non-work-related and non-reimbursable.
ARTICLE 20
LAYOFFS
Section 20.1 Layoffs. Whenever the City determines that a layoff is necessary, the City shall
notify the affected employees forty-five (45) calendar days in advance of the projected layoff
date. Employees shall be laid off at the time and in the number specified by the City Manager in
the inverse order of their seniority. All part-time, temporary and/or seasonal employees shall be
laid off first, then full-time probationary employees, followed by full-time regular employees.
Section 20.2 Call-Back. When employees are laid off, their names shall be placed on a Re-
employment Eligibility List established by the Division of Human Resources. When deemed
appropriate by the City, those employees who have been laid off shall be called back to work
and reinstated to the job classification they held before layoff with the same status and seniority
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as they had at the time of layoff, in inverse order of their layoff, if they are available. Should
vacancies occur during the time for which the Re-Employment Eligibility List is valid, and
should the City decide to fill such vacancies, said vacancies shall be filled from this Re-
Employment Eligibility List. Call-back notification shall be sent to affected employees by
certified mail with a copy sent to the Union. Should an employee not be available within twenty-
one (21) calendar days of call-back notification, or if they decline an offer of re-employment, or
if they do not respond to the City within twenty-one (21) calendar days of call-back notification,
their names shall be removed from the Re-Employment Eligibility List. The Re-employment
Eligibility List shall be valid for two (2) years from the date of original creation unless said list is
exhausted prior to the completion of the two year time frame due to the re-employment of all
individuals on said list, the removal of all individuals' names from said list for reasons of non-
availability or declination ofre-employment, or any combination thereof. Call-back notification
shall be provided to laid-off employees by certified mail addressed to the last known mailing
address of said laid-off employees. It shall be the responsibility of the laid-off employees to
keep the Division of Human Resources advised of their current mailing address.
ARTICLE 21
RATESOFPAYIWAGES
Section 21.1 Wa2es. Effective January I, 2006 through December 31, 2006, the following wage
structure shall be in place for employees within the Communications Technician bargaining unit:
Step I $35,995.65 Step 4 $42,069.91
Step 2 $38,020.40 Step 5 $44,319.64
Step 3 $40,045.16 Step 6 $46,569.37
Effective January 1, 2007 through December 31,2007, the following wage structure shall be in
place for employees in the Communications Technician bargaining unit:
Step 1 $37,435.47 Step 4 $43,752.71
Step 2 $39,541.22 Step 5 $46,092.43
Step 3 $41,646.96 Step 6 $48,432.14
Effective January I, 2008 through December 31,2008 the following wage structure shall be in
place for employees in the Communications Technician bargaining unit:
Step 1 $38,745.72 Step 4 $45,284.05
Step 2 $40,925.16 Step 5 $47,705.66
Step 3 $43,104.61 Step 6 $50,127.27
Section 21.2 Appointment and Advance Step Hirin2. The City Manager, when making
appointments to the Communications Technician classification, shall be authorized to recognize
the overall qualifications of candidates in determining their placement within the wage structure.
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Section 21.3 Step Advancement. Following the employee's initial appointment to a position
within the Communications Technician classification, advancement to successive steps within
the wage structure shall occur annually on the employee's anniversary date.
Section 21.4 Application of Pay Rates. The rates of pay set forth in Section 21.1 are based
on full-time employment of forty (40) hours in a work week and 2,080 hours in a work year.
These rates shall be used to calculate wages for hours in paid status for the appropriate step.
"Paid Status" shall include all hours in approved paid leave including vacation, injury, military
(active duty), personal, compensatory time, sick leave, etc.
Section 21.5 Instant Bonus Pro2ram. Eligibility to participate in this program and the receipt
of any bonus awarded through this program shall be governed by the terms and conditions
specified within Ordinance No. 38-04. Any City Manager or Council approved modifications to
this program will also be applied to FOP/OLC members and non-bargaining unit employees
alike.
Section 21.6 Lon2evity Pay. All employees shall receive, in addition to the pay rates
established in Section 21.1, a longevity payment based upon completed years of service with the
City according to the following schedule.
The following schedule shall be effective January I, 2006through December 31, 2008:
Completed Years of Service Amount
Four (4) through six (6) years $675.00
Seven (7) through ten (10) years $875.00
Eleven (11) through fourteen (14) years $1,150.00
Fifteen (15) through nineteen (19) years $1,250.00
Twenty (20) or more years $1,300.00
Longevity pay shall be issued during the pay period in which the employee's anniversary date of
appointment falls. The employee will be paid in one (1) lump sum in the form of a regular
paycheck for that given pay period which will be taxed at the employee's W -4 rate.
Section 21.7 Shift Differential. Shift differential pay shall be provided as follows, excluding
hours in paid status while on approved leave and off-duty court-time hours:
1. For employees regularly assigned to first shift, shift differential shall be applied to any
hours worked between the hours of 5 pm and 6:45 am.
2. For employees regularly assigned to second or third shift, shift differential shall be
applied to any hours worked.
Shift differential pay shall be applicable to actual hours worked. Shift differential shall not be
paid in addition to regular pay for any hours spent on approved paid leave, with the exception of
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leave due to mandatory training, which shall qualify for shift differential pay. Mandatory
training is defined as classes/coursework where employee attendance is required by the Division.
Time spent in optional training programs shall not qualify for shift differential pay. If authorized
overtime occurs in conjunction with the regular workday, the shift differential shall be paid for
each hour of overtime worked as specified above. If shift differential pay is applicable, and
overtime occurs, the shift differential pay shall be added to the base hourly rate prior to
computing the overtime rate. Shift differential pay will be paid on a bi-weekly basis and will not
be cumulative under any circumstance.
Effective upon execution of this Contract, the shift differential rate will be 85~ per hour.
ARTICLE 22
HOURS OF WORK AND OVERTIME
Section 22.1 Workweek. The workweek normally consists of forty (40) hours based on five (5)
consecutive eight (8) hour work days followed by two (2) consecutive days off.
Section 22.2 Overtime. Employees shall be compensated at straight-time rates for all hours
worked, as well as in paid status, except that all hours worked, or in paid status, in excess of
forty (40) hours in any workweek shall be compensated for at a rate of time-and-one-half (1-112).
All overtime shall be authorized by the employee's immediate supervisor. Failure of the
employee to obtain supervisory approval for overtime, prior to working the overtime, may result
in disciplinary action. Except in emergency situations, the Division shall post available overtime
opportunities and shall attempt to evenly distribute, as far as practicable, overtime to employees
requesting same.
Section 22.3 Seventh Consecutive Day of Work. When an employee is approved by a
supervisor to work on the seventh (7th) consecutive day within his/her scheduled workweek, and
the employee has actually worked at least thirty-two (32) hours (including all overtime hours
worked) in the five (5) previous days, plus a minimum of three (3) hours on the sixth (6th)
consecutive day of work, that employee shall be compensated at double time for all hours
worked on the seventh (7th) consecutive day.
Section 22.4 Overtime Rotation.
A. Beginning January 1 of each year, the City shall assign overtime opportunities to an
employee, in the order of their seniority, from most senior to least senior, provided that
sufficient opportunities exist. Upon completion of this seniority offering, the City shall
rotate overtime opportunities among full-time Communications Technicians by assigning
subsequent scheduled overtime opportunities to the Communications Technician with the
least amount of credited overtime. Toward this end, the City shall post and maintain an
overtime roster. This roster shall include a list of Communications Technicians and an
updated total of hours worked and hours refused by each employee. All Communications
Technicians on this overtime roster shall revert to zero (0) as of the 1st of each year. Hours
refused by a Communications Technician shall be credited in the same manner as hours
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actually worked. Inability to contact a Communications Technician shall not count as a
refusal and the attempt to contact the Communications Technician shall be noted on the log.
Errors in the distribution of overtime opportunities shall be corrected at the next opportunity
for overtime.
B. Scheduled overtime opportunities are those known to the Employer seventy-two (72) hours
or more in advance. The Employer will post scheduled overtime opportunities in advance by
listing the opportunity on a sign-up sheet. Sign-up sheets will be posted for a minimum of
forty-eight (48) hours and shall indicate the date and time the overtime opportunity will be
assigned. Assignments shall be made in accordance with the procedure outlined in paragraph
A of this section.
C. Incidental overtime opportunities, which result from last minute call-offs or other unforeseen
circumstances, shall first be offered to the full-time Communication Technicians that are on
duty, in order of overtime hours credited, from least to most. Incidental overtime
opportunities are those known to the Employer less than seventy-two (72) hours in advance.
D. If the proper procedure above has been followed and sufficient staffing has not been obtained
to fill the overtime opportunity, then the City may fill the remaining staffing requirement for
the overtime by offering it to part-time Communications personnel or mandating overtime in
the following order:
1. Ordering in of the Communications Technician(s) on the adjacent contiguous
shift(s), in order of the least number of overtime hours worked, with a maximum
of four (4) hours;
2. Ordering in of Communications Technician(s) on days off;
3. Ordering in of Communications Technician(s) on approved leave.
Mandatory overtime shall not be credited to the overtime roster referred to in paragraph
A above.
Section 22.5 Call In Pay/Court Pay. When an employee is called in or scheduled in advance
for work by an appropriate supervisor, and the employee reports for said work more than thirty
(30) minutes after the completion of his shift, the employee shall be paid or credited with a
minimum of three (3) hours at the appropriate over-time rate. This provision shall apply portal
to portal to employees called in while off-duty for court appearances. Employees, otherwise off
duty, who are required by the Court to be and remain available for work-related court sessions,
shall be compensated at the overtime rate for such time not to exceed two (2) hours in duration.
In order to be compensated for more than two (2) hours at the appropriate overtime rate for said
purpose, the employee must provide appropriate justification from the Court that he was required
to remain available for said time in excess of two hours.
Section 22.6 Compensatory Time. At the election of the employee, overtime may be
compensated with compensatory time off in accordance with the provisions of the Fair Labor
30
Standards Act. Such compensatory time off shall be equal to one and one-half (1-1/2) times or
two (2) times, whichever may be applicable, for each one (1) hour of overtime worked. The
maximum number of accumulated compensatory hours permitted in an employee's compensatory
time bank, at any point in time, shall be two hundred forty (240). After an employee's maximum
compensatory time bank has reached 240 hours, all additional overtime for such employee shall
be paid at the appropriate overtime rate. If at the end of the first pay period in December of each
year, the employee has one hundred ninety (190) hours of compensatory time in his
compensatory time bank, he shall be permitted to convert up to fifty (50) hours of compensatory
time in said bank to cash. The calculation for converting Compensatory Time to cash shall be
the employee's established hourly rate of pay multiplied by the number of hours the employee
desires to convert. In the event the employee wishes to exercise this option, it shall be his
responsibility to forward a memorandum to the Department of Finance specifying the number of
hours he wishes to convert to cash, prior to the end of the first pay period in December. The cash
conversion will then be paid in the form of a separate payroll check in the last pay period in
December.
Section 22.7 Payment For Accrued Compensatory Time Upon Separation. An employee
who has accrued compensatory time shall, upon the termination of employment for any reason,
be paid for the unused compensatory time at the employee's rate of pay at the time of separation.
In the event of any employee's death, such compensation shall be paid to the employee's
surviving spouse or, secondarily, his estate.
Section 22.8 Use of Compensatory Time. Any request to use compensatory time in excess of
eight (8) consecutive hours shall be submitted at least seventy-two (72) hours in advance of its
requested usage. The notice period may be waived in cases where circumstances make
compliance impracticable. Requests to use eight (8) or less consecutive hours of Compensatory
Time may be submitted with less than seventy-two (72) hours' notice and may be approved, as
scheduling and operational needs of the Division permit such usage. Compensatory time may be
requested in multiples of one-quarter hours.
ARTICLE 23
RATES FOR EMPLOYEES FOLLOWING CERTAIN PERSONNEL ACTIONS
Section 23.1 Return to Duty. Any Communications Technician who voluntarily resigns, may
be reinstated as a full-time Communications Technician if there is a need for 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 Director of Human Resources shall place the
name of said applicant at the top of the appropriate re-employment list for the remainder of the
two (2) year period.
Section 23.2 Return from Military Service. Pursuant to the Ohio Revised Code Section 5923,
any employee who leaves, or has left, the City service to enter the active service of the Armed
Forces of the United States, or any branch thereof, and who is subsequently reinstated to
employment with the City, shall be entitled to receive compensation at the Step rate to which the
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employee would have been entitled had service with the City not been interrupted by service in
the Armed Services.
Section 23.3 Reinstatement from Authorized Leave. Time spent on authorized leave shall be
credited for purposes of step advancement and shall not constitute a break in service.
ARTICLE 24
UNIFORMS, EQUIPMENT, PERSONAL PROPERTY AND REPLACEMENT
Section 24.1 Initial Issue. Effective January I, 2006, all Communications Technicians shall be
entitled to the items listed below:
6 short-sleeve shirts (specifications to be determined by Chief of Police)
6 long-sleeve shirts (specifications to be determined by Chief of Police)
6 pair of pants (specifications to be determined by Chief of Police)
1 pair all-season black uniform shoes
1 Jacket or 1 sweater (employee's choice) (specifications to be determined
by Chief of Police)
1 Black uniform belt (specifications to be determined by Chief of Police)
Although the Division will not provide a dress uniform, the Chief of Police will develop
specifications for such uniform and the employees may choose to purchase such uniform.
Section 24.2 Chan2e in Issuance. Should the required issuance of uniforms, uniform parts, or
equipment for the Communication Center be changed by the City, all employees within the
bargaining unit shall be provided the new uniforms, uniform parts, or equipment at no cost to the
employee.
Section 24.3 Uniform and EQuipment Replacement. Anytime an employee needs any uniform
or equipment item(s) replaced due to normal wear and tear, the employee shall submit a request
to the Communications Supervisor for the replacement thereof. At the time the request is
submitted, the employee must turn-in the item(s) in question to the Communications Supervisor.
The Communications Supervisor shall properly evaluate the need for replacement and if a valid
need indeed exists for the replacement of such items, the Communications Supervisor shall
forward such request and item(s) to the individual within the Division with the assigned
responsibility for approving the replacement of such item(s). If such request is subsequently
approved, the individual responsible for uniform & equipment ordering shall process an order as
expeditiously as possible for the replacement of requested item(s).
Section 24.4 Dry Cleanin2/Launderin2. The Employer shall provide uniform cleaning at no
cost to the employee. In any week, an employee shall be entitled to have laundered/cleaned up
to ten (10) uniform items. The City shall designate a dry cleaning service or services where
uniforms are to be cleaned and the City shall have the exclusive authority to contract for the
provisions of such services.
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Section 24.5 Dama2ed. Destroyed. Lost Personal Property. In general, personal property of
an employee, previously approved for City use, which is damaged or destroyed in the line of
duty shall be replaced by the City, via a reimbursement procedure, up to a maximum value of
one hundred dollars ($100.00) on a per occurrence basis. Requests for replacement of damaged
or destroyed personal property must be submitted in writing to the Chief identifying the
circumstances under which the damage or destruction occurred and the type, brand name, model,
value, condition prior to damage/destruction, etc. of said property, together with as much of the
damaged/destroyed property as possible, under the circumstances. If such request is
subsequently approved, the employee shall be reimbursed for the purchase of replacement
personal property which, III all respects, IS substantially similar to that which was
damaged/destroyed, up to the maximum value identified above, provided that the employee
submits a valid receipt identifying the type, brand name, model, dollar amount, etc. of the
property purchased as a replacement. Specific exceptions to the above mentioned one hundred
dollars ($100.00) maximum reimbursement shall include eyewear, the maximum reimbursement
for which shall be the replacement value of the eyewear.
Personal property of an employee, previously approved for City use, which is lost in the line of
duty, may be replaced, via a reimbursement procedure, in full or partial value, up to a maximum
value of one hundred dollars ($100.00) per occurrence, if it can be shown that reasonable
precautions had been taken by the employee to prevent such loss. Requests for replacement of
lost personal property must be submitted in writing to the Chief identifying the circumstances
under which the loss occurred and the type, brand name, model, value, condition prior to loss,
etc. of said property. If such request is subsequently approved, the employee shall be reimbursed
for the purchase of replacement personal property which, in all respects, is substantially similar
to that which was lost, up to the maximum value identified above, provided that the employee
submits a valid receipt identifying the type, brand name, model, dollar amount, etc. of the
property purchased as a replacement. Specific exceptions to the above mentioned $100.00
maximum reimbursement shall include eyewear, the maximum reimbursement for which shall be
the replacement value of the eyewear.
For purposes of this Section of the Contract, "personal property" shall not include uniform parts
or equipment identified under Section 25.1 ("Initial Issue") as those items shall be replaced on an
"as needed" basis by the City.
Section 24.6 Termination. Upon termination, employees shall return to the Division all
Division-issued uniforms and equipment in good condition, minus normal wear.
ARTICLE 25
VACATION LEAVE
Section 25.1 Vacation Year. The vacation year for employees shall end at midnight on January
31 of each year, solely for purposes of vacation scheduling.
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Section 25.2 Conditions for Accrual. Employees shall accrue vacation leave per pay period at
the annual rate set forth in Section 25.3. An employee shall not earn full vacation accrual in a
given pay period unless 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 an Employee is not in full pay status during the entire pay
period, he shall accrue vacation on a pro-rated basis taking into account the number of hours in
full pay status during the pay period and his/her rate of accrual at that given time. The formula
for pro-rating the employee's accrual under such circumstances shall be the number of hours in
full pay status multiplied by the converted hourly accrual rate.
An employee who has prior public service with any state government, or any political
subdivision thereof, may receive credit for his prior service with such entity for the purpose of
computing the amount of his vacation leave with the City, if the nature of said service is relevant
to the nature of his service with the City of Dublin.
A new employee of the City with less than one (1) year of prior public service, as described
under this Section shall not, within the first six (6) months of his employment with the City,
accrue or use vacation leave and, during the remaining six (6) months of his first year of
employment, said employee shall accrue and be entitled to use up to a maximum of forty (40)
hours of vacation leave.
A new employee of the City, with more than one (I) year of prior public service, as described
under this Section, shall be entitled to accrue vacation leave immediately upon appointment,
pursuant to the schedule and conditions established in this Section, provided that proper
verification of said prior public service is received by the City, and said employee shall be
entitled to use vacation leave after three months of service.
Section 25.3 Vacation Accrual Schedule. Each employee shall be entitled to vacation leave
based upon the following vacation accrual schedule:
Completed Years Paid Vacation
of Public Service (Hours Per Year)
0- 1 Year 40 Hours
2 - 4 Years 108 Hours
5 - 10 Years 142 Hours
11 - 15 Years 170 Hours
16 - 20 Years 192 Hours
21 Years or More 226 Hours
Section 25.4 Vacation Carry-Over. An employee may carry-over from one payroll calendar
year to another a maximum of one hundred and sixty (160) hours of vacation leave previously
earned but not used. An employee may carry-over more than one hundred and sixty (160) hours
of vacation leave from one payroll calendar year to another with the approval of the City
Manager, which shall be at the City Manager's sole discretion.
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Section 25.5 Vacation Schedulin2/Use. The Division shall attempt to honor all vacation
requests in the following manner with the understanding that all vacation leaves shall be taken at
such time or times at the discretion of and as approved by the Chief of Police.
A. Annual Schedulin2. At the conclusion of the shift bidding process, but no later than
November 20t\ the Division shall post a vacation schedule. Employees shall submit
written requests for vacation leave by no later than December 1 st. In cases of conflict,
seniority shall control as to granting of requests of vacation leave. In the event an
employee's request is disapproved, that employee shall have seventy-two (72) hours to
resubmit an alternate request for consideration. During said seventy-two (72) hour period
of time, vacation requests from other employees with less seniority shall not be approved.
In the event the employee does not resubmit his alternate request within said seventy-two
(72) hour time period, vacation requests from other employees with less seniority may
then be approved.
B. Casual Schedulin2. For other than annual scheduling, employees may request
occasional use of vacation leave on a first-come first served basis.
C. Incremental Usa2e. Vacation leave may be taken in multiples of one-quarter (114) hour.
Vacation Leave shall not be used to artificially extend the separation date of an employee's
resignation from employment with the City of Dublin. The effective date of an employee's
resignation from employment shall be the same as the employee's last day worked.
Section 25.6 Rates of Pay for Vacation Hours. All vacation hours shall be paid at the
applicable straight time rates; however, an employee ordered to work while on approved
vacation leave shall be paid at the double time rate, with a minimum guarantee of four (4) hours
pay for each such call-in. Should an employee have time-off approved in advance (vacation,
personal, or comp time) and have to work, they shall be entitled to double time for all hours
actually worked which were previously approved off.
Section 25.7 Payment for Accrued Vacation Leave Upon Resi2nation/Separation or Death.
Employees are encouraged to utilize the vacation benefit for the purpose for which it is intended
- e.g. rest, relaxation, travel, etc. Therefore, payment for accrued vacation leave in lieu of actual
use shall not be approved, except when an employee resigns from employment with two weeks'
notice, is terminated by the City, dies, or is laid off. In such cases where payment for accrued
vacation leave is authorized in lieu of its actual use, the maximum amount of vacation for which
the employee may receive payment shall not exceed one hundred sixty (160) hours. In the event
of an employee's death, compensation for unused vacation leave shall be paid to the employee's
surviving spouse or, secondarily, his estate.
ARTICLE 26
HOLIDAYS
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Section 26.1 Paid Holidays. The following are designated as paid holidays for bargaining unit
employees:
New Year's Day (January 1)
President's Day (Third Monday in February)
Memorial Day (Fourth Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Columbus Day (Second Monday in October)
Veteran's Day (November 11)
Thanksgiving Day (Fourth Thursday in November)
Christmas Day (December 25)
Section 26.2 Special Holidays. Any special holiday, as designated by the City, when City
offices are closed for all or part of the day, will also be observed as a holiday under this Article.
The holidays identified above may be recognized by the City on different dates than those noted
above (for employees not in this bargaining unit). Should this occur, these days shall not be
considered special holidays.
Section 26.3 Holiday Work. Each holiday which is observed on an employee's regularly
scheduled workday shall be worked by the employee unless the employee is excused from work.
However, the Division may schedule the work force as necessary to provide adequate coverage
to the City.
Employees may request to be scheduled off on a particular holiday by timely request to the Chief
of Police. Such request may be granted provided that the request would not affect the normal
operations of the Division or the normal level of service to the community. Conflicts involving
multiple requests shall be resolved on a first-come-first-served basis.
Section 26.4 Holiday Pay.
A. If a holiday falls on an employee's regularly scheduled day off and the employee is not
required to work the holiday, or if the employee is excused from work, the employee shall
receive eight (8) hours of compensatory time at the straight time rate, provided that the
employee was not absent without authorized leave on either the workday before or after the
holiday. An employee on sick leave the workday before or after the holiday may be required
to present a doctor's certificate in order to receive credit for eight (8) hours of compensatory
time.
B. When an employee works a holiday on his regularly scheduled workday, he shall be entitled
to:
1. Straight time pay for all hours worked if eight (8) hours or less are worked, and the
double-time for any hours worked in excess of eight (8) hours;
2. At the employee's option, eight (8) hours' payor eight (8) hours' compensatory time
at the straight time rate;
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3. One half (12) hour of compensatory time at the straight time rate for each hour
worked.
C. When an employee 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 employee's option, eight (8) hours' payor eight (8) hours' compensatory time
at the straight time rate.
ARTICLE 27
PERSONAL LEAVE
Section 27.1 Allocation & Usa2e of Leave. Effective the first pay period of January of each
year, each Employee, who is in full pay status at such time, shall receive four days (32 hours) of
personal leave. However, new Employees appointed throughout the year shall receive a pro-
rated allocation of Personal Leave in accordance with the following schedule:
PRO-RATED PERSONAL LEAVE ALLOCATION
Timeframe Appointed Personal Leave Allocation
January 1 through March 31 32 Hours (4 days)
April 1 through June 30 24 Hours (3 days)
July 1 through September 31 16 Hours (2 days)
October 1 through November 30 8 Hours (1 day)
December 1 or Later None
In the event an Employee is not in full pay status at the time personal leave is normally allocated
to each Employee, yet returns to full pay status at some point thereafter, the amount of that
Employee's Personal Leave allocation shall be pro-rated. For every pay period the Employee has
been in less than full pay status, 1.25 hours of Personal Leave shall be deducted from the normal
thirty-two (32) hour annual allocation. Eight (8) hours (1 day) of Personal Leave may be used,
on one occasion annually, at the Employee's discretion, provided that the Employee gives at
least four (4) hours of call-off notice prior to the start of the Employee's shift. Only one (1)
Employee may be approved for Personal Leave usage in this manner provided there is at least
twenty-four (24) hours between the end of one such personal leave and the commencement of
another. Personal Leave requested in this manner shall not be granted during designated "No
Time Off' situations. Any Personal Leave not used in this fashion is subject to sufficient prior
notice and prior approval of the Employee's supervisor. Personal leave must be used by the last
pay period in December of the year in which it was received and may not be carried over to the
next payroll calendar year.
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Personal Leave shall not be used to artificially extend the separation date of an employee's
resignation from employment with the City of Dublin. The effective date of the employee's
resignation from employment shall be the same as the employee's last day worked.
Section 27.2 Payment for Unused Personal Leave Upon Layoff or Death. In the event that an
employee is laid off from City service, said employee shall be compensated for all unused
personal leave at the rate of pay in effect at the time of lay-off. In the event of the employee's
death, such compensation shall be paid to the employee's spouse, or secondarily, his/her estate.
For any other form of separation, no compensation will be provided to the employee for unused
Personal Leave.
ARTICLE 28
INSURANCE
Section 28.1 Medical. Dental. & Vision Benefits. The City shall make available group
medical, prescription drug, dental, and vision benefits to all employees and dependents who meet
the eligibility requirements of the plan. The plan design of this program shall be substantially
the same as that in effect on December 31, 2005 with the following exceptions, which shall
become effective on the first day of the month following thirty (30) days after execution of this
Agreement.
A. Employee "Premium EQuivalent" Contribution
Employees enrolled in the City's Medical Plan shall pay a monthly premium equivalent
contribution, through monthly payroll deductions as follows:
Medical Plan
Employee "Premium Equivalent" Contribution
2006
(effective first day of the Effective Effective
month 30 days following 01-01-2007 01-01-2008
execution of this Agreement
through 12-31-06)
Monthly contribution: Monthly contribution:
Monthly contribution: No more than 5% of City's No more than 10% of City's
Single Coverage: premium equivalent, but in no premium equivalent, but in no
$25 event shall such contribution event shall such contribution
exceed total contribution paid exceed total contribution paid
Family Coverage: by City employees not by City employees not
$50 covered by this Agreement covered by this Agreement
who are eligible for this who are eligible for this
Medical Plan Medical Plan
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Monthly contribution is Monthly contribution is Monthly contribution is
waived if employee selects waived if employee selects waived if employee selects
Waiver Option Waiver Option Waiver Option
(See Below) (See Below) (See Below)
B. Employee "Premium EQuivalent" Contribution Waiver Option - Wellness Initiative
Ifthe employee (and dependent spouse, if applicable) enrolls in the City's Wellness Initiative as
described below, the monthly premium equivalent contribution described in Paragraph 28.1 (A)
shall be waived during such period of enrollment. Enrollment in the City's Wellness Initiative
is described below:
Medical Plan
Employee "Premium Equivalent" Contribution
Waiver Option - Wellness Initiative
An annual opportunity to voluntarily waive the "premium equivalent" contribution will be made
in accordance with the City's wellness initiative as follows:
2006 2007 2008
Employee "Premium Employee "Premium
Employee "Premium Equivalent" Contribution will Equivalent" Contribution will
Equivalent" Contribution will be waived if employee (and be waived if employee (and
be waived if employee (and enrolled Spouse) choose to enrolled Spouse) choose to
enrolled Spouse) choose to participate in the City's participate in the City's
Wellness Initiative and Wellness Initiative and
participate in the City's designate such during designate such during
Wellness Initiative and
designate such during established open enrollment established open enrollment
established open enrollment period. period.
period. Requirement(s): Requirement( s):
Requirement(s): Health Risk assessment; Health Risk assessment;
Employee and enrolled Employee and enrolled Employee and enrolled
spouse, if applicable, take on- spouse, if applicable, shall spouse, if applicable, shall
line health risk assessment develop reasonable and develop reasonable and
questionnaire and submit attainable goals (developed in attainable goals (developed in
a collaborative manner a collaborative manner
documentation during between the participant and an between the participant and an
established open enrollment
period. Results are not independent, third party independent, third party
reviewed by City personnel. wellness administrator). wellness administrator).
Employee and enrolled Employee and enrolled
spouse, if applicable, must spouse, if applicable, must
make a good faith effort make a good faith effort
toward such goals. toward such goals.
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C. Wellness Initiative Enrollees Recreation Center Membership
If the employee enrolls in the City's Wellness Initiative, the employee shall be entitled to a free
Dublin Community Recreation Center membership during such period of enrollment, as
described below:
Medical Plan
Wellness Initiative - Dublin Community Recreation Center Annual Pass
2006 Effective Effective
01-01-2007 01-01-2008
Employee will receive a free Employee will receive a free Employee will receive a free
annual pass to the Dublin annual pass to the Dublin annual pass to the Dublin
Community Recreation Center if Community Recreation Center if Community Recreation Center if
employee chooses to participate employee chooses to participate employee chooses to participate
in the City's Wellness Initiative in the City's Wellness Initiative in the City's Wellness Initiative
and enrolls for the annual pass and enrolls for the annual pass and enrolls for the annual pass
during established open during established open during established open
enrollment period. enrollment period. enrollment period.
D. Miscellaneous
Medical Plan
Preventive Care
In-Network Out-of-Network
100%/0% 0%/100%
Covered items include, but are not necessarily
limi ted to annual physical examinations,
immunizations, mammograms, pap smears, prostate No covered items.
exams, colonoscopies and routine lab work. (See
Plan Document for more information.)
Medical Plan
Co-Insurance
2006 Effective Effective
01-01-2007 01-01-2008
In-Network Out-of-Network In-Network Out-of-Network In-Network Out-of-Network
90%/10% 50%/50% 85%/15% 50%/50% 80%/20% 50%/50%
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Medical Plan
Out of Pocket Maximum
2006 Effective Effective
01-01-2007 01-01-2008
In Network Out of Network In Network Out of Network In Network Out of Network
Individual Individual Individual Individual Individual Individual
$1,000 $5,000 $1,250 $6,000 $1,500 $7,500
Family Family Family Family Family Family
$2,000 $10,000 $2,500 $12,000 $3,000 $15,000
Medical Plan
Hospital In-Patient Stay
2006 Effective Effective
01-01-2007 01-01-2008
In-Network Out-of- In-Network Out-of- In-Network Out-of-
Network Network Network
$100 co- $500 co- $100 co- $500 co- $100 co- $500 co-
payment then payment then payment then payment then payment then payment then
90%/10% 50%/50% 85%/15% 50%/50% 80%/20% 50%/50%
Medical Plan
Emergency Room
2006 Effective Effective
01-01-2007 01-01-2008
In-Network Out-of- In-Network Out-of- In-Network Out-of-
Network Network Network
$75 co- $75 co- $100 co- $100 co- $100 co- $100 co-
payment then payment then payment then payment then payment then payment then
90%/10% 50%/50% 85%/15% 50%/50% 80%/20% 50%/50%
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Medical Plan
Additional Covera2e Limitations
Service Type Limitation
. Subject to appropriate in or out of network co-insurance
. Limited to 24 visits per therapy type per calendar year for in and
out of network combined
Rehabilitation Services . Cardiac Rehab is limited to 36 visits per calendar year for in and
out of network combined
. Additional visits may be approved based upon medical necessity
and physician documentation
Durable Medical . Subject to appropriate in or out of network co-insurance
Equipment/ . Limited to $20,000 maximum benefit per individual per calendar
Prosthetic Appliances year for in and out of network combined
. Subject to appropriate in or out of network co-insurance
Chiropractic Services . Limited to 30 visits per calendar year combined in and out of
network
. Patient to be involved in diet/exercise program for at least six (6)
months prior to surgery
Gastric Bypass . Subject to appropriate in or out of network co-insurance
. Subject to pre-surgical review
. $25,000 lifetime maximum for surgery and all related care
. Subject to appropriate in or out of network co-insurance
Transplants . No out-of-pocket maximum provision for out-of-network
services received
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Prescription Plan
Additional Coverage Limitations
Benefit 2006 Effective Effective
01-01-2007 01-01-2008
Tier 1 15% per rx to max co- 15% per rx to max co- 20% per rx to max co-
pay of $25 pay of $25 pay of$25
Tier 2 20% per rx to max co- 20% per rx to max co- 25% per rx to max co-
pay of $50 pay of$75 pay of$100
Tier 3 20% per rx to max co- 20% per rx to max co- 20% per rx to max co-
pay of$IOO pay of$150 pay of $200
The above co-insurance applies to mail order prescriptions; however, it
Mail Order is for a 90 day supply vs. 30 day retail supply. Maximum co-pay is
double the retail max co-pay for each tier.
Annual $1,000 Single $1,250 Single $1500 Single
Out-of-Pocket
Maximum $2,000 Family $2,500 Family $3000 Family
. Mandatory generic drugs to be dispensed when available
. Drugs requiring to be dispensed as written ("daw") subject to the
Stipulations appropriate Tier co-payment
. Drugs for which a generic is not available subject to the appropriate
Tier co-payment
Flexible Spending Account
Employees may choose annually, during the established open enrollment period, to participate in
a Flexible Spending Account to cover eligible expenses as determined by the IRS for each
program. After incurring medical and/or dependent care expenses, employee submits receipt(s)
and claim form to independent FSA administrator for reimbursement.
Medical Expenses Dependent Care Expenses
Maximum employee contribution per year Maximum contribution of $5,000 per year per
$2,500 per employee family, subject to applicable IRS regulations
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Flexible Spending Account Limitations
. Employee must use the money in their FSA prior to a pre-specified deadline
. Money not used by the deadline reverts back to the City
. In order not to lose the money in their account, employees are encouraged to anticipate the
realistic medical expenses they may incur or to purchase qualified over-the-counter
medications/supplies, glasses, or contact lenses at the end of the year
. The City will provide notice of any changes to the FSA limitations based upon the applicable
IRS regulations
E. Dental and Vision Insurance
Dental
. The annual maximum benefit for preventive/diagnostic services, basic services, and
major services is $1,500 per plan member.
Vision
. The schedule of allowances for Eye Examinations shall not exceed $50.00.
. The schedule of allowances for Frames shall not exceed $85.00.
. The schedule of allowances for Lenses shall not exceed $125.00 for all spectacle lens
types.
. The schedule of allowances for Cosmetic Contact Lenses shall not exceed $125.00 in lieu
of spectacle lenses and frames.
Section 28.2 Liability Insurance. The City shall maintain Law Enforcement Liability insurance
coverage for all employees for the duration of this Contract. The City shall pay the annual
premium for such coverage. "Shall" as used in the context of liability insurance, is based on
availability of such coverage. Whether or not insurance coverage is available, the employee
shall be indemnified and held harmless by the City, provided the employee acted within the
scope of his assigned duties in the situation/ incident out of which a claim or lawsuit arises.
Section 28.3 Chan2e in Carriers. If it becomes necessary to change carriers (medical, dental,
vision, and life insurance benefits only), and such change would affect the benefits under the
plans, the City agrees to meet with representatives of the Union prior to implementing the change
in order to negotiate the impact of any proposed change.
Section 28.4 Life Insurance. Effective upon execution of this Agreement, the City shall
provide group term life insurance coverage in an amount equal to 1.5 times each employee's
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annual base compensation rate, with a minimum coverage level of $50,000 and a maximum
overage level of $150,000. The full premium for this coverage shall be paid by the City. For
purposes of administrative efficiency, the annual base compensation rate in effect on December
31 st of each year shall be used to calculate the amount of life insurance the employee will have
the following year (e.g. annual base compensation level in effect on 12-31-2005 shall be used to
calculate the life insurance amount the employee will have during the 2006 calendar year). In
addition, the coverage reduction provisions within the existing life insurance policy in effect as
of 12-31-2002, which begins at age 65, shall remain in the life insurance policy under the new
Agreement. Coverage amounts shall be doubled if the employee is killed in the line of duty.
ARTICLE 29
SICK LEAVE
Section 29.1 Sick Leave Accrual. All employees shall be entitled to sick leave with pay at the
rate of 5.54 hours per pay period. Sick leave with pay shall accrue without limitation, with the
exception that an employee shall earn the full sick leave accrual each pay period only if the
employee is in full pay status for the entire period. In the event the employee is not in full pay
status for the entire pay period, he shall accrue sick leave at the rate of .069 hours for each one
(1) hour in full pay status during the pay period. New employees shall be granted sick leave at
the date of their employment and "advanced" three (3) days of sick leave. However, no
additional sick leave will be allowed to accumulate until the end of the third month of
employment.
Section 29.2 Use of Sick Leave. Sick leave with full straight-time pay shall be granted for the
following reasons:
A. Actual illness or disability of the employee;
B. Illness or disability of one or more of the employee's immediate family members,
requiring the employee's personal care and attendance. Immediate family, for the
purpose of this section, is defined as mother, father, spouse, son, daughter, step-son, step-
daughter, legal guardian, or someone who stands in place of a parent. Communications
Technicians shall be permitted to petition the City Manager for usage of sick leave for
illness of family members outside the definition of immediate family. The parties agree
that the City Manager shall evaluate such requests and may, on a case-by-case basis,
approve such requests, at his discretion.
C. Enforced quarantine of the employee in accordance with community health regulations.
D. Necessary appointments with physicians and dentists.
E. Where injury leave has expired and the employee must be absent from work for an
additional period.
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In order to qualify for sick leave payments, the employee must notify his supervisor not later
than one (1) hour before his normal starting time on the first day of absence, unless the
circumstances surrounding the absence make such reporting impossible, in which case such
report must be made as soon as possible. Sick leave for doctor or dentist appointments must be
requested forty-eight (48) hours in advance, except in emergency situations.
Absence from work due to a non-duty incurred illness or injury will be compensated for by use
of sick leave.
In the event an employee requests sick leave for a period of longer than two (2) consecutive
days, or for the day immediately preceding or following a holiday, he/she may be required by the
Communications Supervisor to submit a doctor's certificate verifying the illness and justifying
the necessity of the absence. If the Communications Supervisor determines that an employee's
use of sick leave is not justified, the Communications Supervisor shall have the authority to
charge the absent time to the employee's vacation, personal leave, or compensatory time balance
or to record the absent time as leave without pay.
The City Manager, assisted by all supervisory personnel, shall be responsible for preventing
abuses of sick leave. Sick leave shall not be considered leave time which an employee may use
at his discretion for personal business. The employer may require medical proof of the necessity
for said sick leave, in which event the involved employee shall be required to produce a
statement from a medical doctor certifying to the necessity of such absence. In the event the
employee fails to submit adequate proof of the necessity for sick leave, such leave shall be
considered unauthorized leave and shall be without pay. If an employee is found to have abused
this sick leave policy, he/she shall be subject to disciplinary action, including possible
suspension or dismissal.
In the case of pregnancy, the pregnant employee will be permitted to continue working as long as
she is physically capable to do so with the approval of her physician and supervisor. "Physically
Capable" shall mean the ability to satisfactorily perform the normal job duties of the position to
which the employee is assigned, as determined by the City. If deemed necessary by the
Communications Supervisor, the employee must provide certification from a doctor of her
choice that continued employment will not be detrimental to the employee's health.
Vacation leave, personal leave, or compensatory time may be used to supplement sick leave
when the latter is exhausted. All sick leave shall be requested by use of the established Leave
Request Form.
Absence for a fraction of a day that is chargeable to sick leave in accordance with these
provisions shall be charged proportionately in one (1) hour increments.
Section 29.3 Conversion of Sick Leave. An employee shall be entitled to the conversion of
his/her Sick Leave as follows:
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A. Upon Retirement
After at least ten (10) complete years (i.e. 120 months) of continuous service with the
City, an employee, who is laid off or who qualifies for retirement benefits under the State
of Ohio's "Public Employees Retirement System", and actually retires from City Service
with a pension from said system, shall be entitled to receive payment for accrued unused
sick leave. The rate of pay for such unused sick leave shall be at the employee's straight
time hourly rate of pay at separation multiplied by one-third (1/3) of the total number of
accrued sick leave hours. Total payment under this provision shall not exceed five
hundred forty (540) hours (67.5 paid days). In the event an employee dies while in the
employ of the City, except as provided in paragraph (D) of this section, and the employee
qualifies for his respective retirement/pension fund, his spouse, or secondarily, his estate
shall be paid the aforementioned rate of redemption for accrued unused sick leave.
B. Upon Resi2nation
After twenty (20) years of non-continuous service with the City of Dublin, an employee
who resigns from City service in good standing (employee's separation must not be for
just cause) and who has a minimum of one thousand two hundred eighty (1,280) hours of
Sick Leave in his/her Sick Leave balance at the time of resignation, shall be entitled to
convert a portion of his/her unused Sick Leave balance. The conversion payment under
this provision shall be the employee's straight-time hourly rate of pay multiplied by one-
third (1/3) of the total number of unused Sick Leave hours, up to a maximum of five
hundred (500) hours.
C. Annual Conversion
During the month of December of each year, an employee may convert a portion of
his/her accrued but unused Sick Leave to a cash payment subject to all of the following
conditions:
1) The employee must have a Sick Leave balance of at least seven hundred twenty
(720) hours at the end of the first pay period in December;
2) The employee must have thirty two (32) hours or less of Sick Leave usage as of
the end of the first pay period in December (FMLA protected leave exempted);
3) The employee may convert no more than thirty two (32) hours of Sick leave to
pay;
4) Sick Leave shall be converted at the rate of two (2) hours of Sick Leave to one (1)
hour of pay at the straight time hourly rate of pay;
5) Once Sick Leave has been converted to pay, it shall not be converted back to Sick
Leave.
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D. Killed in the Line of Duty
If an employee is killed while performing his authorized, assigned job duties, his
surviving spouse, or secondarily, the estate, shall be paid for one hundred percent (100%)
of the value of the employee's accrued but unused sick leave, at the straight time rate in
effect at the time of death. The amount so paid shall constitute payment in full for all
accrued and unused sick leave credited to the employee.
Section 29.4 Sick Leave Transfer from Prior Public Employer. Any employee who has
accrued sick leave with the State of Ohio or any political subdivision of the State shall be entitled
to have this accrued sick leave transferred to the City of Dublin, provided the employee was
hired by the City within ten (10) years of resignation/separation from the prior public Employer,
and provided the City receives written verification of such prior service from the prior public
Employer.
ARTICLE 30
INJURY LEAVE
Section 30.1 Injury Leave with Pay. When an employee's absence from work is necessitated
because of an illness or injury incurred while on the job with the City and said illness or injury is
compensable under Ohio Worker's Compensation Law, injury leave shall be granted for a period
not to exceed one hundred eighty (180) calendar days. Such leave shall be granted by the City
Manager, or his designee, based upon the recommendation of the Chief of Police and upon
submittal by the employee of a statement from a licensed physician justifying that the employee
is unable to return to full work status due to the illness or injury. Such leave shall not be charged
against the employee's sick leave balance unless it is determined that the illness or injury is a
non-work-related illness or injury and is not compensable under Ohio Worker's Compensation
Law. In order to be eligible for injury leave, the employee must report the illness/injury to his
supervisor within three (3) work-days ofthe incident giving rise to the illness/injury.
Simultaneously with the request for injury leave, the employee shall also make application and
actively pursue a claim for lost wage benefits under Ohio Workers' Compensation Law. If the
application for benefits is granted and the claim allowed, the City's obligation under the
continued use of injury leave shall be the monetary difference between the employee's regular
rate of pay and benefits received under the Workers' Compensation system.
In cases where injury leave or medical leave are necessary, the Chief of Police may offer a
modified work assignment which will provide for the attempted placement of Divisional
personnel who are unable to perform in their normal capacity.
The limitations imposed on injury leave shall be considered as limitations on leave granted as a
result of each incident of a work-related illness/injury, rather than limitations on leave to be
granted in anyone calendar year or other unit of time.
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ARTICLE 31
SPECIAL LEA VES
Section 31.1 Leave Without Pay. Leave without pay may be granted, upon the approval of the
City Manager, or his designee, if requested in writing by the employee. An employee on leave
without pay shall not accrue sick leave or vacation benefits and, except for the time spent on
FMLA Leave, the employee will be required to pay one hundred percent (100%) of the cost
associated with maintaining his medical, dental, vision insurance coverages if he wishes any or
all of said coverages continued. Leave without pay during an employee's probationary period
shall extend the probationary period by a period of time equivalent to the time spent on Leave
Without Pay. Failure of any employee to report promptly at the expiration of such leave of
absence shall be considered as a resignation. Leave without pay may be granted for:
A. Personal Leave. A leave without pay may be granted at the discretion of the City Manager,
or his designee, for personal reasons not to exceed thirty (30) days without loss of seniority,
if the employee can be spared. This may be extended only with the written approval of the
City Manager, or his designee, and must be submitted in writing a minimum of two (2)
weeks prior to the requested date of the extension.
B. Extended Illness or Accident Leave. A leave without pay may be granted to an employee
for a period not to exceed one (1) year without loss of seniority when such employee is
physically unable to report for work because of illness or accident. The employee must
promptly notify his supervisor of the necessity therefore (and the supervisor shall transmit
the request to the City Manager, or his designee, for approval), and the employee must
supply certification from a qualified physician attesting to the necessity for such absence.
C. Maternity Leave. A maternity leave without pay may be granted to an employee without
loss of seniority upon approval of the City Manager, or his designee. Extension of the leave
may be granted for a period not to exceed one (1) year, if the employee's physician states in
writing that such an extension is needed for recuperative health reasons. (Employees may
take paid leave (i.e. sick, personal, vacation, comp time) for maternity purposes provided the
employee has sufficient paid leave balances to cover the period of absence.) (Use of paid
Sick Leave for maternity purposes must be justified by a medical certification from a
licensed physician.)
D. Military Leave (Active Duty). Except as may otherwise be specifically provided herein, an
employee may be granted a leave of absence without pay to be inducted into or otherwise
enter the military on an active duty basis.
Section 31.2 Leave with Pay. Leave with pay may be granted upon the approval of the City
Manager, or his designee, to an employee in the following instances:
A. Court Leave. Leave with pay may be granted to an employee in order that he may serve
required jury duty or if he is required by law to appear in a case resulting directly from the
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discharge of his duties as a City employee. In such cases, all witness or jury fees shall be
signed over to the City.
B. Bereavement Leave. In the event of a death in an employee's family, the employee shall be
entitled to up to three (3) consecutive paid work days for a funeral service and/or burial,
charged against the employee's existing sick leave balance, and an additional two (2) days,
also charged against sick leave, for such services out of state, if needed for these purposes.
Additional days of sick leave may be approved by the City Manager, or his designee, on a
"case-by-case" basis, given the merits of each particular set of circumstances. The family,
for purposes of bereavement leave, shall include: spouse, son, daughter, brother, sister,
parent, legal guardian, person who stands in place of a parent, grand-parent, grandchild, step-
father, step-mother, step-brother, step-sister, step-son, step-daughter, mother-in-law, father-
in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, grandparent-in-Iaw, half
brother and half sister, aunt, uncle, or any other relative living in the home of the employee.
C. Military Leave. An employee who, as a member of the Ohio National Guard, the Ohio
Defense Corporation, the Ohio naval Militia, or as a reserve member of the Armed Forces of
the United States, is called upon to receive military training or who is called to active duty,
shall be entitled to a leave of absence with pay for a period or periods not to exceed twenty-
two (22) eight (8) hour work days or one hundred seventy six (176) hours in anyone (1)
calendar year. An employee qualifying for paid military leave who is called or ordered to the
uniformed services for longer than the above period shall be paid for the remaining time
beyond the first twenty-two (22) eight (8) hour work days or one hundred seventy six (176)
hours at his or her regular compensation rate less whatever compensation the employee may
receive for such military service. If the employee's military compensation exceeds the
compensation the employee is otherwise entitled to from the City, the employee will not be
entitled to any additional compensation from the City.
D. Family & Medical Leave. Pursuant to the Family and Medical Leave Act ("FMLA") of
1993, FMLA leave may be granted to an employee who has been employed for at least
twelve (12) months by the City and who has provided at least one thousand two hundred fifty
(1,250) hours of service during the twelve (12) months before the leave is requested. The
leave may be granted up to a total of twelve (12) weeks during any twelve (12) month rolling
period for the following reasons:
. Because of the birth of a child or placement for adoption or foster care of a child;
. In order to care for the spouse, son, daughter, parent, or one who stood in place of a parent
of the employee, if such spouse, son, daughter, parent, or "in loco parentis" has a serious
health condition;
. Because of a serious health condition that makes the employee unable to perform his/her
employment functions.
The employee must provide the City with thirty (30) days advance notice of the leave, if such
leave is reasonably foreseeable, or such notice as is practicable if thirty (30) days notice is
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not possible. The employee must provide the City with certification of the condition from a
health care provider. The City, at City expense, may require a second opinion on the validity
of the certification. If this second opinion contradicts the first opinion submitted by the
employee, a third opinion, at the City's expense, shall be sought from a mutually agreeable
physician, which shall be binding on both the employee and City.
An employee seeking FMLA leave must first use paid sick time (if applicable), vacation,
personal leave, and compensatory time before going on unpaid leave. The total amount of
FMLA leave paid and unpaid will not exceed a total of twelve (12) weeks. In any case in
which a husband and wife entitled to FMLA leave are both employed by the City, the
aggregate number of workweeks of leave to which both may be entitled may be limited to
twelve (12) weeks taken because of the birth of a child or placement for adoption or foster
care of a child. The employee will be responsible for his/her share of the health insurance
cost (if any) during the unpaid leave. If the employee does not return from the leave, he/she
is responsible for payment to the City of the monthly Single/Family rate paid by the City on
behalf of the employee during the leave. The City may, at its sole discretion, waive the
repayment of such amount. The City will be responsible for the thirty (30) day plan costs
under COBRA.
It is intended that this Article comply with the Family and Medical Leave Act of 1993 and
the City may promulgate policies in furtherance of the Family and Medical Leave Act that
are not inconsistent with this Agreement.
E. Other. Leave with pay may be granted by the City Manager, or his designee, for good and
sufficient reasons which are considered to be in the best interest of the City, but only in the
event of extraordinary circumstances.
ARTICLE 32
LEAVE DONATION PROGRAM
Section 32.1 Purpose. The purpose of this Article is to establish regulations governing the
operation of a Leave Donation Program that allows employees to voluntarily donate sick leave,
vacation leave, personal leave, or compensatory time to another employee when the employee
experiences a catastrophic illness/injury, or when such an employee's immediate household
family member experiences such an illness or injury requiring the employee's personal care and
attendance, and the employee has exhausted all of his/her sick leave, vacation leave, personal
leave, compensatory time, or other applicable paid leave balance.
Section 32.2 Definitions.
Catastrophic Illness/Injury - a devastating illness or injury that is expected to incapacitate the
employee or a member of the employee's immediate household family for an extended period of
time, provided that taking extended time off from work creates a financial hardship for the
employee because he/she has exhausted all leave balances. Catastrophic illnesses or injuries
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would commonly include, but are not necessarily limited to, the following: cancer, AIDS, heart
attack, heart surgery, stroke, or permanent paralysis.
Donation - the act of voluntarily, unconditionally, and irrevocably surrendering a portion of
one's sick leave, vacation leave, personal leave, and/or compensatory time to a qualified
employee.
Immediate Family Member - Mother, father, spouse, son, daughter, stepson, stepdaughter,
legal guardian, or someone who legally stands in place of a parent.
Section 32.3 Pro2ram Re2ulations
A. Eli2ibility
Eligibility to receive donated leave under this program shall be limited to those employees in
full-time permanent positions who have a total of one hundred twenty (120) hours or less in
all forms of paid leave in the aggregate (i.e. sick leave, vacation leave, personal leave,
compensatory time) at the time of their written request to receive donated leave, and who
have not been disciplined for leave abuse the two (2) years prior to the date of their request to
receive donated leave.
B. ReQuest for Leave
When an employee has less than a total of one hundred twenty (120) hours in all forms of
paid leave (as specified above) in the aggregate, the employee or the employee's Division
Head (with the employee's consent) may initiate a request for assistance. The request shall
be forwarded to the affected employee's Department Head for review and consideration of
the facts and circumstances specific to the employee's need. Such review shall include, but
not necessarily be limited to, an assessment of a written certification from the employee's
physician regarding the employee's or family member's medical condition, an analysis of the
employee's sick leave usage and overall work history with the City of Dublin, and
consideration of input provided by the Department's supervisory/managerial staff.
Following this review by the affected employee's Department Head, the Department Head
may recommend approval for receipt of donated leave to the City Manager. The City
Manager shall make the final decision regarding approval of the employee's request. The
final decision to approve or disapprove the request rests within the sole discretion of the City
Manager.
C. Donation Process. Procedures & ReQuirements
Should the employee's request to receive donated leave be approved by the City Manager,
employees (herein called donors) who desire to contribute leave time shall complete a
"Leave Donation Form", a copy of which is attached. Such forms shall be made available by
the Division of Human Resources/Procurement and by each DepartmentIDivision. The
donor shall designate on the form the name of the employee who is to be the recipient of the
donated leave and the amount of such donated leave.
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Leave shall be donated in the following sequence and amounts for each approved recipient:
1) The first eight (8) hours of any donation shall be vacation leave. If the donor does not
have vacation time available, this requirement may be waived or reduced by the
Department Head.
2) The second eight (8) hours of any donation shall be personal leave, compensatory time,
or vacation leave. If the donor does not have eight (8) hours of such leave available, this
requirement may be waived or reduced by the Department Head.
3) After sixteen (16) hours of vacation leave, personal leave, or compensatory time have
been donate, or waived as specified above, sick leave may then be donated. Sick leave
donations shall be limited to forty (40) hours. After forty (40) hours of sick leave
donation has been reached, the entire donation sequence may begin again starting with
item #1 above.
D. Minimum Donation Increments
The minimum amount ofleave time which can be donated shall be one (1) hour. Donors
may contribute any amount of time at or above one (1) hour in whole amounts (no fractions
of an hour can be transferred). However, the donor shall not be allowed to donate an amount
ofleave which would reduce the donor's leave balance or combination of balances below one
hundred and twenty (120) hours of available leave time.
E. Divisional Coordinator
Should the employee's request to receive donated leave be approved by the City Manager,
the employee's Division Head shall designate another employee of the same Division to
serve as "Divisional Coordinator". The role of "Divisional Coordinator" shall be to facilitate
the flow of information and to maintain a direct line of communication with the recipient.
Upon approval of all Leave Donation Forms by the donor's Department Head, all such forms
shall be forwarded directly to the "Divisional Coordinator". The "Divisional Coordinator"
shall collect all such forms, determine the proper number of hours necessary to satisfy the
recipient's need, on a pay period-by-pay period basis, match the donated leave hours to the
established need (again on a pay period-by-pay period basis), and forward the required
number of Leave Donation forms with the recipient's time sheet directly to the Department
of Finance.
Should the number of donated leave hours exceed the recipient's need for a given pay period,
those excess donated leave hours will be held in reserve by the "Divisional Coordinator" and
will be used to satisfy the recipient's continuing future need for such hours. Should the
recipient's eligibility to receive donated leave cease, in accordance with Section 32.3 K.
("Eligibility Ceases"), and donated hours remain in the above referenced reserve, these hours
will be returned to the donor within a reasonable period of time thereafter. (It is critical to
note that once donated leave time is forwarded from the "Divisional Coordinator" to the
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Finance Department, and such donated leave time is actually physically transferred from the
donor's leave balance to the recipient's sick leave balance, the donor has no right to recover
any portion of such leave time.)
F. Donation Credited
Upon receipt of all approved Leave Donation Forms, the Department of Finance will credit
all donated leave time to the recipient's sick leave balance.
G. Conditions on Receipt of Leave
Before an employee may receive the donated leave, he/she must have exhausted all of his /her
sick leave, vacation leave, personal leave, compensatory time, or other applicable leave
balances available to him/her (excluding the exception listed below).
Exception: One leave balance designated by the employee (other than sick leave) may
contain no more than twenty-four (24) hours ofleave time. Such leave time will be held in
reserve to allow the employee the opportunity to take some time off following the end of the
catastrophic situation, should such time off be needed to attend to family needs.
H. Prohibition on Continued Accrual of Leave
While using donated leave, the employee shall not accrue or receive any leave time in excess
of the twenty-four (24) hours identified in item G above.
I. Prohibition on Conversion to Cash
All donated leave time, regardless of the type, shall be considered to be sick leave and shall
only be used under the conditions of sick leave as set forth in the Collective Bargaining
Agreement or the City Personnel Code (whichever is applicable). No cash payments shall be
provided to the employee or the surviving spouse of the employee under this program.
J. Continuation of Medical. Dental. Vision. Life Insurance And Other Benefits
Employees using donated leave shall be considered to be in paid status solely for the purpose
of receiving all medical, dental, vision, and life insurance benefits, step increases, merit
increases, longevity payments, and seniority credit to which they would have otherwise been
entitled. However, original or promotional probationary employees using such leave shall
have their probationary periods extended by the same length of time for which the employee
has used the donated leave.
K. Eli2ibility Ceases
Eligibility to receive donated leave under this program shall cease upon certification from the
employee's physician that he/she is capable of engaging in sustained regular employment,
certification from the employee's family member's physician documenting the family
54
member's recovery from the catastrophic illness/injury, an employee's application for
disability retirement is approved by the appropriate retirement system (Public Employee's
Retirement System of Ohio), or death of the employee or employee's family member,
whichever should first occur.
ARTICLE 33
TRAINING AND TUITION REIMBURSEMENT
Section 33.1 Trainin2. In recognition of the value of continuing education and professional
development of employees, the City agrees to provide training opportunities for employees
within the bargaining unit at the City's expense. This training may be either initiated by the City
pursuant to a training schedule or by the employee, with the approval of the Chief of Police or
his designee. The training shall be related to an employee's performance of his job duties or in
preparation for job duties which may be assigned to the employee after completion of training.
Reasonable effort shall be made to accommodate the training to the employee's regular work
schedule. The division shall endeavor to provide as much advanced notice as practical to
employees regarding their training schedules. In that this training is a work-related duty, the
employee shall receive all pay and benefits to which he is otherwise entitled during training.
The expense for employees who are required or requested to attend training schools, seminars, or
other instructional or educational programs, including examination to increase their knowledge
and further their competency in their occupation with the Employer, shall be paid by the
Employer as follows:
A. Registration fees, tuition charges for the training school, seminar, or educational or other
instructional programs.
B. The employer shall pay for meals when not provided by the tuition, with the exception of
training programs/seminars which are hosted by the City at the Dublin Justice Center.
C. The employer shall pay the current rate for mileage, as determined by the IRS, when an
employee is not provided with a City-owned vehicle. Where overnight lodging is provided at
the City's expense, an employee will only be reimbursed for mileage to and from the training
facility on one occasion each way unless otherwise approved or directed by the Chief. All
other travel shall be considered to be non-work-related and non-reimbursable. Bus, train, or
airfare at tourists rate will be provided for lengthy trips when travel is approved by the City
Manager.
D. Hotel or motel charges when lodging is not provided as a term of tuition payment.
E. Hourly rates will be paid when schools or training are scheduled during regular working
hours.
F. All necessary tools and equipment required by the course of instruction.
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Checks may be issued in advance for expenses related to paragraphs A and D of this Section.
Time spent in transit, when it involves travel away from home overnight, shall be considered
work time and, therefore, is compensable. Leisure time and sleep time are not considered work
time and are, therefore, not compensable.
Section 33.2 Tuition Reimbursement.
A. Reimbursement Pro2ram. All employees of the bargaining unit may participate in the
City's Tuition Reimbursement Program. Under this program, each employee shall be
eligible for a maximum of Three Thousand ($3,000) in reimbursement per calendar year
for fees and required textbooks, and courses of instruction voluntarily undertaken.
Courses of instruction eligible for reimbursement under this program shall include
courses necessary for job-related degree programs or courses of study not necessarily
within a job-related degree program but which are still job-related. In addition, only
coursework provided by a recognized institution (e.g. college, university, community
college, post secondary technical school, etc.) shall be eligible for reimbursement under
this program. No reimbursement shall be approved for correspondence courses.
B. Necessary Approval. All coursework subject to reimbursement shall be transmitted, in
advance and through the Chief of Police, to the Director of Personnel & Purchasing for
approval. The Chief of Police shall provide a written recommendation concerning
approval/disapproval of the request at time of transmittal to the Director of Personnel and
Purchasing. If practicable, an employee shall make application for approval of
coursework at least fifteen (15) days prior to commencement of the course of study. The
Director of Personnel and Purchasing shall evaluate the employee's coursework/degree
program for job-relatedness and shall notify the employee, in writing, regarding his
approval/disapproval of said course-work/degree program on that basis. The City agrees
that approval of coursework/degree program will not be unreasonably withheld. An
employee may receive blanket approval for an entire degree program or a continuing
course of study if all courses within the program are identified. If all or part of the
program is approved, the employee need not reapply for approval for each course within
the portiones) approved.
C. Course Attendance. Courses are to be taken on other than scheduled working hours,
unless approval is obtained from the Chief of Police, or his designee, to take such courses
on work time.
D. Reimbursement Procedure. Reimbursement shall be made upon successful completion
of a course with a grade of C (2.00) or better. The employee shall submit an official
transcript or certificate demonstrating successful completion of the course and a receipt
from the institution confirming the employee has paid for tuition, fees, and required
textbooks. Any financial assistance available to an employee shall be deducted from the
amount of tuition reimbursement that would otherwise be payable. The employee shall
56
not be reimbursed for incidental expenses such as paper or supplies, mileage, parking,
meals, or other expenses other than tuition, fees, and required textbooks.
ARTICLE 34
EMPLOYEE INCENTIVE PROGRAMS
Section 34.1 Employee Incentive Pro2rams. Members of the bargaining unit shall be eligible
for employee incentive programs offered to other non-bargaining unit employees of the City.
This article is not intended and does not apply to programs that are part of a compensation,
benefits, or economic package. Eligibility to participate in these incentive programs and receipt
of any awards through these programs shall be governed by the written program rules,
regulations, and requirements as approved by the City Manager.
Section 34.2 Employee Discounts. Should Dublin City Council approve employee discounts in
the future, the City agrees to apply such approved employee discounts to bargaining unit
employees and non-bargaining unit employees alike. Likewise, any Council approved
modifications to present or future discounts will also be applied to bargaining unit employees
and non-bargaining unit employees alike.
ARTICLE 35
TRAINING ASSIGNMENTS
Section 35.1 Compensation. Any employee who serves in the capacity of a trainer shall be
entitled to two (2) hours of compensatory time for each eight (8) hours of training time spent
with the trainee.
ARTICLE 36
DURATION
Section 36.1 Duration. All of the provisions of this Contract shall become effective January 1,
2006, unless otherwise specified. This Contract shall continue in full force and effect until
December 31,2008.
Section 36.2 Si2natures. Signed and dated at Dublin, Ohio on or as of this th day of
,-
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For the Fraternal Order of Police, Ohio For the City of Dublin:
Labor Council, Inc.
Dennis Sterling Jane S .Brautigam
Staff Representati ve City Manager
Paul Richmond
Bargaining Committee Member
-
Michael Pineault
Bargaining Committee Member
Ben Karns
Bargaining Committee Member
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