019-88 Ordinance
RECORD OF ORDINANCES
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National Graphics Corp., COls., O. .. Form No. 2806-A
Ordinance NO..1.9.__8.8_______ Passed .19.
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT
WITH EMPLOYEES OF THE DUBLIN POLICE
DIVISION EMPLOYED WITHIN THE RANKS
OF POLICE OFFICER AND SERGEANT WHO
ARE REPRESENTED BY THE FRATERNAL
ORDER OF POLICE, CAPITAL CITY LODGE
NO.9; AND DECLARING AN EMERGENCY
WHEREAS, the attached Agreement is mutually acceptable to the City of
Dublin and the above-mentioned "Employee Group"; and,
WHEREAS, Council believes that said Agreement should be adopted;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, 6 of the elected members concurring:
Section 1. That the City Manager be, and hereby is, authorized and
directed to enter into the attached Agreement with the above-named
"Employee Group".
Section 2. That, as referenced in Section 1.5 of the attached Agreement,
said Agreement shall supersede and replace all applicable state and
local laws which it has the authority to supersede and replace.
Section 3. That this Ordinance is hereby declared to be an emergency
measure for the reason that the provisions of the attached Agreement
are to be effective January 1, 1988, and therefore, this Ordinance
shall take effect and be in force immediately upon its passage.
Passed this 7th day of March , 1988.
II I, Frances M. Urban Clerk of Coundl, hereby certify that e
~7~ foregoing is a true copy of Ordinance/~o. 19-88
ed by the Council of the City of Dublin, Ohio, on the 7th
day of March 1988
, .
ublin, Ohi.
Attest:
I'
~~~!c1~
II 1 ~ere6y tertify ttiat copies of this OrilinancilReselution were posted in fh9
!1 City of Dublin in accordance with Section 731.25 of the Ohio Revised Code.
'I Sponsor: City Manager
II -!~UAJYlJ ~
II
I'
Ii Oerk of Council, Dublin, Ohio
II
I,
II
II
.
I
"
ARTICLE 1. AGREEMENT .
1.1. Agreement. This Agreement is made and entered into at
Dublin:-Ohio by and between the City of Dublin, as Employer,
hereinafter referred to as "Employer", "City" or "Division", and
its employees within the ranks of Police Officer and Sergeant,
within the Division of Police, as represented by the Capital City
Lodge No. 9, Fraternal Order of Police. Said employees within the
ranks of Police Officer and Sergeant are hereinafter referred to
as the "Employee Group" or as "employee(s)." The Capital City
Lodge No. 9, Fraternal Order of Police, is hereinafter referred to
as "Lodge" or "representative."
The parties are desirous of reaching an amicable
understanding with respect to wages, hours of work, and other
terms and conditions of employment, which understanding is set
forth withirithe provisions of this Agreement as to the subjects
addressed herein.
1.2.' Role of Representative. The City recognizes the
representative role of the Lodge based upon the fact that a
ma~ority of the Employee Grou~ are dues-paying members of the
Lo gee This representation s all remain in effect during the term
of this Agreement.
1.3. Collective Bargaining Act. The Employer agrees that
the City of Dublin will recognize and collectively bargain with
the Lodge under the requirements of Chapter 4117 of the Ohio
Revised Code, beginning January 1, 1990, if, as of September 1,
1989, a majority of the Employee Group are dues-paying members of
the Lodge. If a majority of the Employee Group are not
dues-paying members of the Lodge as of September 1, 1989, it is
understood that the City of Dublin shall not be required to engage
in collective bargaining under the requirements of Chapter 4117 of
the Ohio Revised Code until the results of the 1990 federal
decennial census have been certified. It is understood that the
City is voluntarily agreeing to this earlier date of recognition
provided that positions within the rank of Lieutenant are excluded
from collective bargaining, unless the City would establish a rank
between Lieutenant and Chief which rank, and not the rank of
Lieutenant, would then be excluded from collective bargaining.
The provisions of this Section shall be incorporated
into a Settlement Agreement to be.presented to the State
Employment Relations Board for approval in Case Nos. 87-REP-9-02l5
and 87-REP-9-02l6.
1.4. Legal References. Should any part of this Agreement be
held invalid by operation of law or by final Order issued by any
tribunal of compet~nt jurisdiction, or should compliance with or
enforcement of any part of this Agreement be restrained by any
such tribunal pending a final determination as to its validity,
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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 it has been held invalid or has been restrained. In the
event of invalidation of any portion of this Agreement 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 Agreement shall meet within thirty (30) days of
receipt of the written request~ in an attempt to modify the
invalidated provisions by good faith negotiations.
The Employer and the Lodge and employees agree that no
representative of either shall make or ask an employee to make any
wirtten or verbal agreement which would conflict with this
Agreement.
Unless otherwise specifically provided in this
Agreement, no changes in this Agreement shall be negotiated during
its duration unless there is a written accord by and between the
parties to do so. Any negotiated changes, to be effective and
incorporated in this Agreement, must be in writing and signed by
the parties.
1.5. Applicability. This Agreement shall be memoralized by
Ordinance of City Council and when memoralized shall supercede and
replace all applicable state and local laws which it has authority
to supercede and replace. Where this Agreement is silent, the
provisions of applicable law shall prevail. Economic benefits
granted to employees which are sanctioned by the City and which
are in effect on the ratification date of this Agreement and which
are not specifically provided for or abridged by this Agreement
shall not be lessened during the term of this Agreement.
ARTICLE 2. DUES DEDUCTION
2.1. Dues Deduction. The Employer will deduct from an
employee's wages and turn over to the Lodge, the representative of
the Employee Group, all periodic dues, initiation fees, and
assessments, upon presentation of a written deduction authorized
by the employee. This authorization hereinabove mentioned shall
specifically and in writing require the Lodge, as designated
representative, to receive the employee's deduction. The Lodge
agrees to hold the Employer harmless for any dues payments made to
it by the Employer during the term of the voluntary deduction.
Any amount deducted from the employee's paycheck, as
voluntarily authorized and as provided above, shall be turned over
to the Lodge no later than thirty (30) days following such
deduction.
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An employee's dues authorization form shall be filed with the
Employer and shall continue in effect until revoked by written
notice to the Employer and the Lodge by the employee.
2.2. Other Voluntary Deductions. The Employer further
agrees-to deduct from the pay of those employees authorizing such
deduction and to turn over to the appropriate parties monies
designated for such purposes as Credit Union, Savings Bonds,
United Appeal, and similar causes. These deductions shall be made
subject to the Employer's ability to maintain an efficient and
practical payroll deduction procedure.
ARTICLE 3. NONDISCRIMINATION
3.1. Joint Pledge. The provisions of thi~ Agreement shall
be applied equally to all employees without discrimination as to
age, sex, race, color, religion, political affiliation, handicap
or national origin.
3.2. Employer Pledge. The Employer agrees not to interfere
with the rights of the employees to become members of the Lodge.
There shall be no disparate treatment, interference, restrain or
coercion by the Employer or any representative of the Employer
against any employee because of Lodge membership or because of any
lawful employee activity in an official capacity on behalf of the
Lodge.
3.3. Gender Reference. All references to employees in this
Agreement designate both sexes, and whenever the male gender is
used, it shall be construed to include male and female employees.
ARTICLE 4. MANAGEMENT RIGHTS
4.1. Management Rights. Except as specifically limited
herei~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 hire, discipline and discharge for
just cause, layoff, and promote: to promulgate and enforce
reasonable employment rules and regulations: to reorganize,
discontinue, or enlarge the Division of police: to transfer
employees (including the assignment and allocation of work) within
the police Division: to introduce new and/or improved equipment,
methods and/or facilities, to determine work methods: to determine
the size and duties of the work force, the number of shifts
required, and work schedules: to establish, modify, consolidate,
or abolish jobs (or ranks): and to determine staffing patterns,
including but not limited to assignment of employees, numbers
employed, duties to be performed, qualifications required, and
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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
Agreement.
ARTICLE 5. LABOR/MANAGEMENT MEETINGS
5.1. Meetings. In the interest of sound 1abor/
management relations, upon request of ~ither party, and not less
than once each quarter at a mutually agreeable date and time, not
more than thr~e (3) representatives of t~e Emp19yer shall meet
with not more than three (3) representatives of the employees to
discuss pending issues and/or problems and to promote a more
harmonious labor/management relationship.
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. The purpose
of such meeting shall be to:
(A) Discuss the administration of this Agreement;
(B) Discuss grievances which have been processed
beyond the final Step of the Grievance Procedure, when such
discussions are mutually agreed to by the parties;
(C) Disseminate general information of interest to
the parties;
(D) Consider and discuss health and safety matters
relating to employees; and
(E) Discuss any other items the parties mutually
agree to discuss.
It is further agreed that if special labor/management
meetings have been requested and mutually agreed to, they shall be
convened as soon as possible.
ARTICLE 6. EMPLOYEE BUSINESS
6.1. Employee Designee. The Employee Group is authorized to
select one (1) employee designee and one (1) alternate to conduct
employee business. The employee designee, upon giving reasonable
notice, and upon authorization from the immediate supervisor,
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shall be allowed reasonable time off during regular working hours
to investigate a grievance, consult with the Employer in
addressing labor/management issues or in processing a grievance,
or to assist in the settlement of disputes. Permission to perform
these functions shall not be unreasonably denied.
6.2. Bulletin Board. The Employee Group shall be permitted
to maintain a bulletin board in the Squad Room or other
appropriate places mutually agreed upon between the parties.
Employee Group communications and personal communications between
the members of the Group only, will be permitted to be posted on
this board.
6.3. Ballot Box. The Employee Group shall be permitted,
upon prior notification to the Chief of police, to place a Lodge
ballot box in the Squad Room for the purpose of collecting Lodge
members' ballQts on all Lodge issues subject to.ballot. Such box
shall be the property of the Lodge and its contents shall not be
subject to the City's review.
6.4. Bargaining Unit Meetings. The provision of Village
Manager-Sheldon's memorandum of June 9, 1986 shall be honored as
to the conduct of meetings at departmental headquarters or other
City building, room or facility. Normal departmental operations
shall not be disrupted by such meetings.
6.5. Use Of Intra-Department Mail. The Employee Group shall
be permitted to utilize the intra-departmental mail system for the
purpose of providing information pertaining to administration of
this Agreement to members. The Employee Group agrees that the use
of the mail system will be reasonable and limited to providing
information that is necessary for the normal conduct of its
business. All such mail placed into the intra-departmental mail
system shall-be the property of the members to whom it is
addressed, and such mail shall not be subject to the City's
review.
ARTICLE 7. GRIEVANCE PROCEDURE
7.1. Definition. A "grievance" is an allegation by one or
more employees that there has been a breach, misinterpretation, or
improper application of this Agreement. It is not intended that
the Grievance Procedure be used to effect changes in this
Agreement, nor in those matters not covered by this Agreement.
7.2. Jurisdiction. If an 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 workers' compensation,
unemployment compensation, equal employment opportunity, civil
rights, etc.), such matters may not be subject to this Grievance
Procedure, or be processed hereunder. However, the Grievance
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Procedure, as set forth in this Article, may be utilized by an
employee in lieu of appealing a matter to the City Personnel Board
of Review. However, once an employee elects to pursue an appeal
to the City Personnel Board of Review and the City Personnel Board
of Review takes jurisdiction over the appeal, the employee is
thereafter precluded from seeking a remedy under this procedure.
7.3. Qualifications. All grievances must be presented at
the proper Step and time in progression in order to be considered
at subsequent Steps. The proper Step to initiate the grievance is
Step 1, unless the occurrence that gave rise to the grievance
originates at another Step. If the occurrence which gave rise to
the grievance originates at another Step, the grievant may either
initiate his grievance at Step 1 or at that Step at which the
occurrence which gives rise to the grievance originates. A
grievance shall be considered withdrawn at any point where an
employee submits a written statement to that effect, or where time
requirements" at any Step have lapsed, without further appeal by
the employee.
Any grievance not answered by the Employer within the
stipulated time limits, may be advanced by the employee to the
next Step in the Grievance Procedure. All time limits on
grievances set forth herein, may be extended only by mutual
written consent of the parties.
A grievance may be brought by an aggrieved employee
covered by this Agreement. 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 Employee Group to process the grievance.
Each aggrieved employee who desires to be included in the
grievance shall sign the grievance.
7.4. Grievance Form. The aggrieved employee shall use a
written-grievance form which shall provide the following
information:
(A) Aggrieved employee'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 Agreement violated;
(E) Date grievance was first discussed;
(F) Name of supervisor with whom grievance was
first discussed;
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(G) Date grievance was filed in writing; and
(H) Desired remedy to resolve the grievance.
The Employee Group shall have the responsibility for
duplication and distribution of, and its own accounting for, the
grievance forms. This form may be also used for official business
of the police Division.
7.5. Grievance Procedure. It is the mutual desire of the
Employer and the Employee Group to provide for prompt adjustment
of grievances, with a minimum amount of interruption of the work
schedules. Every responsible effort shall be made by the Employer
and the Employee Group 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 thirty (30) working days of the occurrence which gave rise
to the grievance, unless the employee can show that it was
impossible for him to comply with this time requirement. The
immediate supervisor shall lnvestigate and provide an appropriate
answer within seven (7) working days following an informal meeting
at this Step. Upon request of the employee, a representative of
the Employee Group may represent the employee and be present at
the informal meeting.
(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) working days of the answer at Step I 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 seven (7) working days following
the presentation of the grievance to Step 2.
(C) Step 3 - City Manager. If the grievance is not
resolved in Step 2 and the employee wishes to proceed to Step 3,
the employee shall present the written grievance to the City
Manager or his designee within seven (7) working days from receipt
of the Step 2 answer. The City Manager or his designee shall
investigate the matter and shall meet with the Employee and his
desired representative within ten (10) working days of the receipt
of the grievance. A response shall be given to the grievance
within seven (7) working days following the meeting at Step 3.
If a grievance is not satisfactorily resolved at Step 3,
it may be submitted to arbitration upon request of the employee
and the Lodge President. If a written notice of intent to file
under the Arbitration Procedure is not received by the City
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Manager or his designee within fourteen (14) calendar days
following the date of the response outlined in Step 3, the
grievance shall be considered withdrawn.
(D) Step 4 - Arbitration. After receipt of a request
to arbitrate from the Lodge President, a designee of the City
Manager and the Lodge shall attempt to agree on an arbitrator.
Should the designees fail to agree on an arbitrator, the
arbitrator shall be selected by the parties making a joint request
either to the American Arbitration Association or the Federal
Mediation Conciliation Services 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 once rejeet the list and submit a request for another list
from the arbitration tribunal. The arbitrator shall limit his
decision strictly to the interpretation, application, or
enforcement of specific provisions of this Agreement. He may not
modify or amend the Agreement.
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 nonarbitrable or
beyond the arbitrator's jurisdiction. The first question to be
placed before an arbitrator will be whether or not the alleged
grievance is arbitrable. If the arbitrator determines the
grievance is within the purview of arbitrability, 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 of 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 Agreement. In cases of discharge,
suspension or reduction, the arbitrator shall have the authority
to award modification of said discipline. Both the Lodge and the
Ernplpyer shall share equally in the cost of the arbitration
proceedings.
The arbitrator shall render in writing his findings and
award as quickly as possible within thirty (30) calendar days
after the hearing record is closed, and shall forward such
findings and award to the City Manager, or his designee, and to
the Lodge President, or his designee.
7.6. Right to Representation. A grievant has a right to
representation in all Steps of the Grievance Procedure and shall
have an opportunity to fairly present his case by presentation of
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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.
7.7. Working Days. For purposes of the Grievance Procedure,
working days means the working days of the party who is
responsible for initiating an action or responding to a grievance
at the appropriate Grievance Step.
ARTICLE 8. DISCIPLINE
8.1. Discipline For Cause. The tenure of every employee
shall be during good behavior and efficient service. No employee
shall be reprimanded, suspended, reduced in pay'or rank, or
removed, except for grounds stated in this Agreement. The
Employer may take disciplinary action against any 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. 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, drunkeness,
immoral conduct, insubordination, discourteous treatment or
neglect of duty, absence without leave, or any conduct unbecoming
an officer, or any other acts of misfeasance, malfeasance or
nonfeasance, or violations of any Dublin Division of police
General Orders shall be cause for discipliary action.
8.2. Progressive Discipline. Except in extreme instances
wherern-the employee is found guilty of gross misconduct,
discipline will be applied in a progressive and uniform manner as
to same or similar offenses. 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, progressive disciplinary action will involve
an oral reprimand before a written reprimand, a written reprimand
before a suspension, and a suspension before reduction in payor
rank/removal for a repeated or related offense. The commission of
a repeated or related offense for which an oral reprimand has been
given permits, but does not require, the Employer to issue a
written reprimand. Should a written reprimand be issued, the
Employer is permitted, but not required, to issue a suspension for
the commission of repeated offense of the same nature or related
offense. Should a suspension be issued, the Employer is
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permitted, but not required, to reduce in payor rank or remove
the employee for the commission of a repeated offense of the same
nature or related offense.
In all instances of discipline, the City shall only
impose a disciplinary penalty, commensurate with the offense,
which, where practicable, may assist the employee in correcting
whatever action or behavior is deemed inappropriate. Nothing
herein precludes the Employer from utilizing positive steps,
including counseling, to correct an employee's inappropriate
action or behavior.
When disciplinary action is first proposed, the employee
and his representative will be allowed an opportunity, if desired,
to meet with the appropriate supervisor to discuss the proposal.
8.3. Disciplinary Action. The perogative'to issue oral
reprimands and written reprimands is solely within the Divisional
Chain of Command. Where there is reason to believe that an
employee is guilty of an offense which might lead to suspension,
reduction in payor rank, or removal, the Chief has the
responsibility to prefer charges and the proposed penalty against
the employee, which charges shall be hea~d in a Pre-Disciplinary
Conference, as established in Section 8.4. In preferring charges,
the Chief shall provide the employee with written notice of the
charges, the factual specifics supporting the charges, and the
proposed penalty. The Chief shall also provide the employee with
all evidence supporting the charges.
8.4. Pre-Disciplinary Conference. When charges are
preferred by the Chief, a pre-Disciplinary Conference shall be
scheduled to give the employee an opportunity to offer an
explanation of the alleged misconduct. pre-Disciplinary
Conferences will be conducted by the City Manager, or his
designee.
Not less than three (3) working days prior to the
scheduled pre-Disciplinary Conference, the Chief will provide the
Employee with written notice of the preferred charges. The
Employee may choose to: (1) appear at the Conference to present
an oral or written statement in his defense; (2) appear at the
Conference and have a chosen representative present an oral or
written statement in defense of the Employee; 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
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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 one (1) working day prior to the Pre-Disciplinary
Conference. It is the employee's responsbility 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 five (5)
working days following the Conference. pre-Disciplinary
Conferences shall be tape-recorded. A copy of the recording may
be furnished to the employee, at the employee's 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 it will not embarass the employee, before other
employees or the public.
8.5. Appeal. An employee may elect to appeal the
dispoSItion made by the City Manager or his designee directly to
arbitration, with the approval of the Lodge president, as provided
in Article 7, Section 5, Step 4, or, where applicable, to the
Dublin personnel Board of Review. In the event an appeal is taken
to arbitration, review by the Dublin Personnel Board of Review is
precluded.
ARTICLE 9. PERSONNEL FILES
9.1. Review of personnel Files. Each employee may inspect
his official personnel file, maintained by the Employer, at any
reasonable time, and shall, upon request, receive a copy of any
documents contained therein. An employee shall be entitled to
have a representative accompany him during such review.
9.2. Unfavorable/Inaccurate Documents. If an unfavorable or
inaccurate statement or notation is placed in the official
personnel file, the employee shall be given the right to place a
statement of rebuttal or explanation in his or her file.
9.3. Copies of Records In Personnel Files. A copy of any
record or document which has been placed and/or removed from the
employee's personnel file shall be provided to the employee at the
time of its placement or removal, except where the record or
document originates from the employee or has been otherwise
provided to the employee. If removed, the copy shall be signed
and dated. No anonymous material of any type shall be included in
the employee's official personnel files, or files of any type.
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9.4. Duration of Disciplinary Records. Oral reprimands may
be documented and retained for no more than a six (6) month period
from date of issuance by either the Chief or a supervisor, outside
of the employee's personnel file. Oral reprimands shall cease to
have any further force and effect no later than six (6) months
after issuance, provided that no further repeated or related
offenses have occurred resulting in disciplinary action. Written
reprimands shall be maintained in the employee's personnel file.
A written reprimand shall be removed from an employee's personnel
file, no later than one (1) year after issuance, provided no
further repeated or related offenses have occurred. Once the time
limit has expired, the written reprimand shall have no further
force and effect.
Any suspension of less than thirty (30) days shall be
removed from an employee's personnel file after a period of three
(3) years fr'om the date of its issuance, provided no further
corrective action of the same or related nature has occurred in
the interim period. In those cases where further corrective
action occurs of the same or related nature, the first suspension
will remain in the file for an additional one (1) year period.
Written reprimands and suspensions which are subject to
removal from an employee's personnel file shall be removed only
upon request of the employee. The removed documents shall be
destroyed in the presence of the employee, or given to the
employee.
9.5. Public Information. The following items shall be
considered public information available upon request to the
Employer, from an employee's official personnel file: salary
range, degree held, areas of special certification, awards and
commodations. c All other documents in the official personnel file
shall be considered confidential and shall not be conveyed in any
manner to any person or persons unless by court order, subpoena,
or written permission of the employee.
ARTICLE 10. WORK RULES
10.1. Work Rules. The City agrees that, to the extent
possible, work rules shall be reduced to writing and provided to
all employees in advance of their enforcement. Any charge by an
employee that a work rule or Department directive is in violation
of this Agreement, or has not been applied or interpreted
uniformly to all employees, shall be a proper subject for a
grievance.
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ARTICLE 11. POLITICAL ACTIVITY
11.1. Political Activity. In addition to other rights:
(A) An employee may participate in the Lodge's
Political Screening Committee where such participation is directed
towards the endorsement and support of partisan political
candidates solely on behalf of the Lodge, provided that the
employee undertakes such participation while off-duty, while not
in identifiable uniform, and does not represent that his
participation is either undertaken in his official capacity as an
employee of the City or is sanctioned by the City.
(B) 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 identi~iable uniform, and does not represent that such
activity is either undertaken in his official capacity as an
employee of the City of Dublin or is sanctioned by the City of
Dublin.
(C) An employee is permitted in the City of Dublin
to exercise his rights as a citizen to express his personal
opinions and to cast his 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 City;
(2) Make any contibution to the campaign
funds of any candidate for City of Dublin elective office for the
actual or apparent purpose of influencing said persons or
receiving favors of any nature from said persons; and
(3) Become actively involved in the elective
process or campaigns for any City of Dublin elective office,
except as would be applicable under paragraph (A) of this
Section.
12. SENIORITY
12.1. Seniority Defined. For purposes of this Agreement,
"seniority" shall be defined as total continuous service as a
regular full-time sworn employee of the Division. Seniority shall
commence on the date an employee becomes employed as a Police
Officer. 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.
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A "break-in service" only occurs in the following
instances:
(1) Separation because of resignation, except
where an employee is rehired within thirty (30) days of
resignation;
(2) Removal;
(3) Failure to return from an authorized leave of
absence;
(4) Failure to respond to a notification of
recall.
A "break-in service" shall not occur if an employee is
reinstated d~ to the disaffirmance of a removal or layoff. An
employee who has a "break-in service" and who is subsequently
rehired or reinstated, shall not receive continuous service credit
for the time spent during the "break-in service"; however, the
employee shall receive continuous service credit except for the
period in time in which the "break-in service" occured for purpose
of continuous service credit.
12.2. Application of Seniority. When vacation leaves are to
be scheduled on an annual basis or where compensatory time off is
to be scheduled, and where in these instances there are two (2) or
more employees with the same request, the employee with the
highest seniority shall be granted the request, if the request is
granted at all.
12.3. Filling Of Job Assignments. Whenever a vacancy occurs
in the-a5signments of Detective, Training Officer, Range Officer,
Property Room Officer, or any new full-time assignment, the
Division shall post a Job Assignment Opening for fifteen (15) day
and shall allow any interested employees within the same rank to
apply within the posting period. The Division shall provide
notice on the job posting as to any specialized training and/or
technical skills which will be required for the assignment once
the assignment is made. In filling the job assignment, the
Division shall give consideration to all applicants who apply. The
following critera for selection shall be used: ability, work
performance, and seniority based upon time in rank. Where ability
and work performance are relatively equal in the opinion of the
Chief, seniority based upon time in rank shall be the deciding
factor.
12.4. Filling Of Shift Assignments. Assignments to shifts
shall~posted for seven (7) days and shall be made by means of
seniority based upon time in rank, unless the Chief determines
that the effective operation of the Division dictates that
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seniority not be the determining factor for shift assignment.
Employees shall be given at least seven (7) day's notice of a
change in permanent shift assignments.
12.5. No Posting Response. In instances where job
assignments, as set forth in Section 14.3, or shift assignments,
as set forth in Section 14.4, are posted and no employees respond
to the posting, the Chief reserves the discretion to make such
assignments based upon the needs of the Division.
ARTICLE 13. EMPLOYEE ASSISTANCE PROGRAM
13.1. Employee Assistance Program. The parties recognize
the value of an Employee Assistance Program (EAP) to aid employees
who are affected by alcoholism or other drug abuse problems. Such
employees often suffer health, behavior and emotional problems
from which their personal and family life suffer. In addition,
work productivity and effectiveness is often impaired. The
parties recognize that alcoholism and other drug abuse are
illnesses or problems which can be successfully treated or
resolved.
It is the policy of the Employer that assistance
services shall be made available to an employee with an alcohol or
other drug abuse problem which either results in noticeable
changes and work performance or adversely affects an employee's
personal or family life. This policy strongly encourages such an
employee to seek professional help and appropriate means of
support for resolving problems.
(A) An employee who has a problem which may affect
work performance is encouraged to voluntarily seek information and
counseling on a confidential basis by utilizing the benefits
available under the City's health plan.
(B) Whenever an employee refers to himself or is
formally referred for diagnosis and treatment, all records
pertaining to the employee's treatment or rehabilitation are to be
kept in the strictest confidence by the Employer, separated from
the employee's official personnel file.
(C) It is not the intent of the EAP to interfere
in matters of discipline. However, an employee who utilizes
treatment, and who is in compliance with the terms of said
treatment, shall be granted a "time out" period during which he
may attempt to correct any job performance problems.
(D) In cases involving professional treatment,
paid leave will be granted for treatment or rehabilitation on the
same basis it is granted for other health purposes. Leave without
pay may be granted for treatment or rehabilitation when no paid
leave is available.
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(E) An employee is responsible for correcting
identified unsatisfactory work performance or behavior, including
unsatisfactory job performance which is a result of alcoholism or
other drug abuse.
(F) Nothing in this policy is to be interpreted as
constituting a waiver of the Employer's responsibility to maintain
discipline or its right to take disciplinary measures in
accordance with the provisions of this Agreement.
(G) Employee group representatives will be
available to an employee requesting assistance as to utilization
of the EAP.
Whenever an employee's job performance is deemed
unsatisfactorx, the supervisor will discuss the.performance
problem privately with the employee and the employee's grievance
representative, if the employee requests the grievance
representative's presence. If it appears that alcoholism or other
drug usage may be causing the employee's unsatisfactory work
performance, the supervisor or grievance representative will not
delve into the nature of the personal problem nor shall the
supervisor or grievance reprsentative attempt to diagnose or
counsel the employee, other than to provide the employee
assistance in making appropriate professional treatment contact.
ARTICLE 14. INTERNAL REVIEW PROCEDURES
14.1. Scope. 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.
14.2. 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, including a copy of any written
complaint 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
questioning.
14.3. Right To Representation. All questioning sessions
shall be scheduled so that the employee has an opportunity to
obtain representation from the Lodge. The Lodge representative or
Lodge attorney shall be permitted to be present at any questioning
and shall be afforded resonable opportunity to consult with the
employee during the questioning.
14.4. Conduct Of Questioning. As used in this Article,
questIOnIng refers to any investigation, internal affairs
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interview, or interrogation where 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, preferably
during his working hours. Such sessions shall be for reasonable
periods of time, and time shall be allowed during such questioning
for rest periods and for a member's attendance to physical
necessities.
(B) Before an employee may be charged with
insubordination or like offense 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 premised on an
exercise of his constitutional rights in a criminal matter.
(C) Such questioning shall be recorded by the City
at the request of either party. Tapes will be made by the
Division, and may also be made by the employee and/or his Lodge
representative or attorney. The employee and his Lodge
representative or his Lodge attorney will be affored the
opportunity, upon written request directly to the Chief or his
designee, to listen to and make personal notes regarding a tape
made of his interview by the Department.
(D) Any statement or evidence obtained in the
course of questioning through the use of administrative pressures,
threats, coercions or promises 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
administrative pressures, threats, coercions or promises, subject
to provsions of subparagraph (A) of this Section.
(E) In the course of questioning, an employee may
only be given 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 choses by mutual agreement of the City and the employee.
14.5. Access To Tapes And Documents. The employee who is
subject to questioning, and his Lodge 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, at least two (2) days after requested
and/or reasonably in advance of any Pre-Disciplinary Conference.
- 17 -
14.6. Citizen Complaints. In order for a citizen complaint
to be considered as a possible grounds for disciplinary action, it
must be reduced to writing and signed by the citizen. Also, when
any citizen complaint is filed more than ninety (90) calendar days
after the date of the alleged event complained of, and where the
complaint, if true, could not lead to a criminal charge, such
complaint shall be classified as unfounded, the accused employee
shall not be required to submit a written report or submit to
questioning; but, he shall be notified orally or in writing of
such claim.
14.7. Chain Of Command. All comp.laints, internal
investigations and Divisional charges should initially be under
the province of the employee's immediate supervisor or, if absent
at the time of the alleged violation, the then on-duty supervisor,
to investigate and make recommendations to the Chief. If a claim
is made and ~ny provisions of this Article are violated by the
City, such violation shall be subject to the Grievance Procedure
beginning at the third step.
ARTICLE 15. MISCELLANEOUS
15.1. 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.
15.2. Agreement Copies. As soon as is possible following
the signing of this Agreement, the City and the Lodge shall have
printed sufficient copies of this Agreement. Actual cost of
priting this Agreement, and any future printing beyond the copies
specified herein in an amount the parties may later agree as
necessary, shall be shared equally by the parties. The City shall
be responsible for distributing copies to current members and to
new members who are hired during the term of this Agreement.
15.3. Personal Mail. 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.
15.4. Reimbursement For Expenses And Travel. An employee,
whenever-authorized to engage in or to undertake official business
for the Employer shall be reimbursed for reasonable and necessary
expenses and travel. If practicable, the 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
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at the rate of 22.5 cents per mile. It is recognized that the
City has the right to promulgate reasonable regulations as to
reimburse for expenses and travel.
ARTICLE 16. RATES OF PAY/WAGES
16.1. Wages.
(A) The following straight time annual wage rates shall
be paid to employees, by rank, effective January 1, 1988:
Rank Step 1 step 2 Step 3 Step 4
Police Officer $19,195.80 $22,028.60 $24,862.20 $28,600.00
Sergeant .- $32,604.00 .
(B) The following straight time annual wage rates shall
be paid to employees, by rank, effective January 1, 1989:
Rank step 1 Step 2 Step 3 Step 4
Police Officer $20,154.75 $23,130.03 $26,105.31 $30,030.00
Sergeant $34,234.20
16.2. Appointment And Advanced Step Hiring. The City
Manager, when making appointments to the rank of Police Officer,
shall be authorized to recognize the past experience of applicants
in determining their placement within the step system.
16.3. Step Advancement. For Police Officers, step
advancement shall occur to Step 2 after one (1) year of continuous
service in Step 1. Step advancement to Step 3 shall occur after
one (1) year of continuous service in Step 2. Step advancement to
Step 4 shall occur after one (1) year of continuous service in
Step 3.
16.4. Application Of pay Rates. The rates of pay set forth
in Section 16.1 are based on full-time employment of forty (40)
hours in a workweek and 2,080 hours in a workyear. These rates
shall be used to calculate wages for hours in paid status for the
appropriate pay range and step. .paid Status. shall include all
hours of approved paid leave including holiday, vacation, injury,
military and sick leave.
16.5. Longevity Pay. All employees shall receive, in
addition to the pay rates established in Section 16.1, a longevity
payment based upon completed years of service with the City
according to the following schedule. Longevity pay shall be made
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in one (1) lump sum in a separate check issued on the fifteenth
(15th) of December. Effective January 1, 1988, the following
rates apply:
Completed Years of Service Amount
Four (4) through six (6) years $425.00
Seven (7) through ten (10) years $525.00
Eleven (11) through fourteen (14) years $625.00
Fifteen (15) or more years $725.00
ARTICLE 17.
RATES FOR EMPLOYEES FOLLOWING CERTAIN PERSONNEL ACTIONS
17.1. Temporary Work Assignment. If one 9r more employees
are designated by the Chief to perform the duties of a higher rank
for a total of more than eight (8) hours within a workweek, each
designated employee shall be paid at the wage rate of that higher
rank for all hours during which the employee performs such duties.
17.2. Return To Duty. Any employee who voluntarily resigns
may be-reinstated to the same rank and step if there is a need for
his services within two (2) years after the date of resignation,
subject to approval by the City Manager. If there is no vacancy
at the time of request for reinstatement, the Personnel Director
shall place the name of said applicant at the bottom of the
appropriate re-employment list for the remainder of the two (2)
year period.
17.3. Return From Military Service. Pursuant to Ohio
Revised Code Section 5903.03, 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 subsequently
is reinstated to employment with the City, shall be entitled to
receive compensation at the step rate to which the employee would
have been entitled had service with the City not been interrupted
by service in the Armed Services.
17.4. Reinstatement From Authorized Leave. Time spent on
authorized leave shall be credited for purposes of step
advancement and shall not constitute a break in service.
ARTICLE 18. HOURS OF WORK AND OVERTIME.
18.1. Workweek. The workweek normally consists of forty
(40) hours based on five (5) consecutive eight (8) hour workdays
and two (2) consecutive days off.
18.2. Overtime. Employees shall be compensated at
straight-time rates for all hours worked in paid status, except
- 20 -
. ,
that all hours worked in excess of either (8) hours in paid status
in any day or forty (40) hours in paid status in any workweek
shall be compensated for at a rate of time-and-one-half (1-1/2).
Employees shall be paid at double time on the seventh consecutive
day of work, if ordered to work. No employee shall be paid for
overtime work which has not been authorized by a supervisor.
Except in emergency situations, the Division shall post
available overtime opportunities and shall attempt to evenly
distribute, as far as practicable, overtime to employees
requesting the same.
18.3. Call In pay/Court Pay. When an employee is called
back for work by an appropriate supervisor on hours not abutting
the employee's regular shift hours, the employee shall be paid or
credited with a minimum of two (2) hours at the appropriate
overtime rate~ This provision shall apply portal to portal to
employees called in from off-duty for court appearances.
Employees, otherwise off duty, who are required by the
Division to be and remain available for work-related court
sessions shall be compensated at the overtime rate for such time.
18.4. Compensatory Time. At the election of the employee,
overtime may be compensated with compensatory time off in
accordance with the provisions of the Fair Labor Standards Act.
Such compensatory time off shall be equal to one and one-half
(1-1/2) hours for each one (1) hour of overtime worked. In
accordance with the Fair Labor Standards Act, the maximum number
of accumulated compensatory hours permitted shall be two hundred
forty (240).
18.5. Payment Of Accrued Compensatory Time Off Upon
Separation. An employee who has accrued compensatory time off
shall, upon the termination of employment for any reason, be paid
the unused compensatory time at the rate of pay received by the
employee at the time of separation. In the event of an employee's
death, such compensation shall be paid to the employee's surviving
spouse or estate.
18.6. Use Of Compensatory Time. Any request for
compensatory time of eight (8) or more consecutive hours use shall
be submitted at least seventy-two (72) hours in advance of its
requested usage. This notice period may be waived in cases where
circumstances make compliance impracticable. Requests for less
than eight (8) hours use may be submitted with less than
seventy-two (72) hours notice and may be approved by the shift
supervisor on the same shift, as scheduling and operational needs
of the Division permit such usage.
18.7. ~lication To Special Duty. Special duty is defined
as employment y a separate and Independent employer of an
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employee performing law enforcement or related activities under
provisions whereby the Division: (1) requires the employee be
hired by a separate and independent employer to perform such
dutiesl (2) facilitates the employment of the employee by a
separate and independent employerl and (3) otherwise affects the
conditions of employment of the employee by a separate and
independent employer. If an employee, solely at the employee's
option, agrees to be employed on special duty, the hours the
employee is employed by a separate and independent employer in law
enforcement or related activities shall be excluded by the City in
the calculation of the hours for which the employee is entitled to
overtime compensation.
18.8. Substituion (Trading) Of Time. If an employee, with
lhe approval of the employee's supervisor, and solely at the
employee's oPtion, agrees to substitute during ~cheduled work
hours for another . employee of the same rank, the hours the
employee works as a substitute shall be excluded in the
calculation of hours for which the employee is entitled to
overtime. The Division is permitted, but not required, to keep a
record of the hours of the substitute work.
ARTICLE 19. UNIFORMS, EQUIPMENT AND ALLOWANCES
19.1. Initial Issue. Upon appointment to the Division, each
new uniformed Officer shall receive the items listed below:
6 long sleeve navy blue shirts (winter)
6 short sleeve navy blue shirts (summer)
1 8-point cap (summer-mesh cover) (winter-vinyl cover)
1 fur cap (winter)
1 raincoat
6 pairs dark blue pants (all weather)
3 plain navy blue neckties (clip-on)
1 jacket with appropriate City patches (lightweight with
lining)
1 winter coat with zipper lining and appropriate City patches
1 pair - all season - plain-toed black uniform shoes
1 velcro belt
1 velcro gunbelt
1 holster
1 double ammo case and two (2) speed loaders (or magazines,
at Chief's option)
1 set of handcuffs
1 handcuff case
1 set of collar brass
1 hat badge
2 breast shields
1 tie tac
1 name plate
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1 .357 caliber revolver or other approved weapon (at the
Chief's option)
1 walkie holder (if necessary)
1 set of Body Armor
(A) Change In Issuance. Should the required issuance
of uniforms, uniform parts, leather, or equipment for the entire
Division be changed by the City, all Officers shall be provided
the new uniforms, uniform part, leather, or equipment at no cost
to the Officer. Body Armor shall be replaced when necessary at
the City's expense.
(B) On a one-time basis, the City shall pay Two Hundred
Dollars ($200.00) towards each existing employee's mandatory
purchase of a new winter car coat based upon the Division's change
in issuance as to this item only for all employ~es.
. -
19.2. Plain Clothes Issue. An Officer, when assigned by the
Chief-ro-the Detective Bureau for "Plain Clothes" duty, shall
receive the following issue:
3 blazers
5 pair trousers/skirts
5 white shirts/blouses
1 holster
1 .357 caliber revolver or other approved weapon (at the
Chief's option)
1 all-weather overcoat (with lining)
19.3. Annual Uniform Allowance And Equipment Allowance.
Each uniformed Officer, after his initial year of service, shall
receive an annual uniform and equipment allowance. This allowance
will be payable in two (2) semi-annual installments of an equal
amount. The first semi-annual payment shall be made on the
anniversary date of the employee's first year of service and the
second semi-annual payment shall be made on either the following
January 15 or July 15, whichever next follows the employee's first
anniversary date. Thereafter, these semi-annual payments shall be
made on January 15 and July 15 of each calendar year.
Effective January 1, 1988, the uniform allowance shall
be $600.00, payable semi-annually as set forth in the preceding
paragraph. The uniform allowance shall be used by the employee to
maintain his required uniform, uniform parts, leather, and
equipment, including necessary replacement thereof.
19.4. Annual Plain Clothes And Equipment Allowance. Each
plain clothes Officer, after his initial year of service to the
Detective Bureau, shall receive an annual allowance, payable in
two (2) semi-annual installments of equal amount. The first
semi-annual payment shall be made on the anniversary date of the
employee's first year of plain clothes' assignment and the second
- 23 -
s~mi-annual payment shall be made on either the following January
15 or July 15, whichever next follows the employee's first
anniversary date of plain clothes' assignment. Thereafter, these
semi-annual payments shall be made on January 15 and July 15 of
each calendar year.
Effective January 1, 1988, this plain clothes allowance
shall be $600;00 payable semi-annually as set forth in the
preceding paragraph.
All current employees who are assinged to plain clothes'
duty as of January 1, 1988 shall receive, as new issue, an
all-weather overcoat (with lining).
19.5. Required Purchases. Uniformed Officers shall be
requirea-to purchase uniform parts and equipmen~ as defined by
appropriate orders, regulations, codes or other policies of the
Chief and City Manager. Plain clothes Officers will be expected
to purchase the needed clothing and equipment to function as a
plain clothes Officer of the Division, as required by appropriate
orders, regulations, codes of other policies of the Chief and City
Manager.
19.6. Dry Cleaning. The Employer shall provide uniform
cleanings at no cost to the employee. In any week an Officer
shall be entitled to have laundered/cleaned up to nine (9) uniform
items. Sizing shall be included within the permitted dry
cleaning, at the employee's option. In addition, each Officer
shall be permitted to have his winter coat and hat cleaned twice
each year. Uniformed items for nonuniformed members shall be
defined as items of regular work clothing. The City shall
designate a dry cleaning service or services where unifroms are to
be cleaned and the City shall have the exclusive authority to
contract for the provision of such services.
19.7. Damaged Or Destroyed Personal Property. Personal
property of an employee, previously approved for City use, which
is damaged or destroyed (not lost) in the line of duty shall be
replaced by the City at not cost to the employee and without use
of the employee's uniform allowance for such purpose. Requests
for replacement of damaged personal property will be submitted in
writing together with a requisition to the Chief for approval.
Such requests shall include a statement of the circumstances
leading to the damage.
Under such circumstances, lost personal property items
may be replaced in full value or partial value if the loss occurs
during the line of duty and if it can be shown that reasonable
precautions would have prevented such a loss. The City Manager
shall review any claim for the replacement of lost personal
property that in the opinion of the Chief is worthy of such
consideration.
- 24 -
19.8. Termination. Upon termination, employees shall return
to the Division all Division-issued uniforms and equipment in good
condition, minus normal wear. Upon retirement under honorable
conditions, the City Manager may permit an employee to purchase
his issued service revolver for one dollar ($1.00).
ARTICLE 20. VACATIONLEAVE .
20.1. vacation Year. The vacation year for employees shall
end at midnight on December 31 of each year.
20.2. Conditions For Accrual. Employees shall accrue
vacation leave by pay period at the annual rate set forth in
Section 20.3, based upon years of continuous active service. An
employee, having no prior service credit as provided by Ohio
Revised Code Section 9.44, may not use any accrued vacation until
completion of six (6) months of continuous active service.
20.3. Accrual Schedule For Vacations. Effective January 1,
1988, the following vacation accrual schedule is established:
Completed Years of Service Paid Vaction Days (Hours) Per Year
After 1 year 10 days (80 hours)
After 2 years 13 days (104 hours)
After 8 years 15 days (120 hours)
After 11 years 17 days (136 hours)
After 16 years 20 days (160 hours)
20.4. Vacation Carry-Over. An employee may carry-over from
one calendar year to another, without approval, a maximum of ten
(10) days (80 hours) of vacation leave previously earned but not
used. With approval of the City Manager, an employee may
carry-over a maximum of twenty (20) days (160 hours) of vacation
hours prviously earned but not used.
20.5. Vacation Scheduling. The Division shall attempt to
honor all vacation requests in the following manner with the
understanding that all vacation leaves shall be taken at such time
or times at the discretion of and as approved by the Chief of
Police.
(A) Annual Scheduling. In January, the Division shall
post a vacation schedule. Members shall submit written requests
for vacation leave by February 1. In cases of conflict, seniority
shall control as to granting of requests for vacation leave.
(B) Casual Scheduling. For other than annual
scheduling, employees may on a first-come basis request occasional
use of vacation leave. Requests of less than eight (8) hours
usage will be acted upon by the shift supervisor, where
- 25 -
practicable, during the tour of duty in which the request is made.
If no conflict in scheduling occurs, the employee's request shall
be honored.
(C) vacation leave may be taken in multiples of one (1)
hour.
(D) All vacation hours shall be paid at full pay 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.
(E) Employees who are laid off, who resign with two
weeks' notice, or who are separated from City service shall be
paid all unus~d but accrued vacation to which they are entitled at
the rate of pay in effect at the time of separation. In the event
of an employee's death, such compensation shall be paid to the
employee's surviving spouse, or secondarily his estate.
ARTICLE 21. HOLIDAYS
21.1. Paid Holiday. The following are designated as paid
holidays for all employees:
New Year's Day, January 1
President's Day, the 3rd Monday in February
Memorial Day, the last Monday in May
Independence Day, July 4
Labor Day, the second Monday in September
Columbus Day, the second Monday in October
Veterans' Day, November 11
Thanksgiving Day, the 4th Thursday in November
Christmas Day, December 25
21.2. 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.
21.3. Holiday Work. Each holiday which is observed on an
employee's regularly scheduled workday shall be worked by the
employee unless the employee is excused from work. However, the
Division may schedule the workforce to that absolutely 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 shall be granted as long as the request does not
substantitally degrade service to the community. Conflict
involving multiple requests shall be resolved on a
seniority-within-ranks basis.
- 26 -
21.4. 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 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 appropriate overtime rate
for any hours worked in excess of eight (8) hours;
2. At the employee's option, eight (8) hours pay
or eight (8) hours compensatory time at the straight time rate;
and
3. One hour of compensatory time at the straight
time rate for each two (2) hours worked, to a maximum of four (4)
hours compensatory time..
(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 pay
or eight (8) hours compensatory time at the straight time rate.
21.5. Personal Days. Effective January 1, 1988, an employee
is entitled to two (2) days of paid personal leave per calendar
year which must be used in the calendar year of accrual or
forfeited. Effective January 1, 1989 the number of paid personal
leave days is increased to a total of three (3) days per calendar
year. Personal leave is to be paid at the employee's straight
time rate.
ARTICLE 22. INSURANCE
22.1. Health Care And Dental Insurance. The Employer shall
make available to all employees a group hospitalization/major
medical, prescription drug plan, and dental insurance plan. The
Employer shall pay the total monthly premiums for such coverage
for all employees and dependants covered in this Agreement. The
insurance plan, as outlined, shall be substantially the same as
that in effect on December 31, 1987.
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22.2. Liability Insurance. The Employer shall maintain
police liability insurance coverage for all employees for the
duration of this Agreement. The Employer shall pay the monthly
premium for such coverage. "Shall" as used in the context of
liability insurance, is based on availability of such coverage.
The employee shall not be held at fault should no insurance be
available.
22.3. Life Insurance. The City shall provide fully paid
life insurance for each employee in the amount of Twenty Thousand
Dollars ($20,000.00) . Effective January 1, 1989, the amount of
life insurance shall be increased to Twenty-Five Thousand Dollars
($25,000.00).
22.4. Change In Carriers. If it becomes necessary to change
carriers, and such change would effect the benefits under the
plans, the Employer agrees to meet with representatives of the
Employee Group prior to implementing the change in order to
negotiate the impact of any proposed change.
ARTICLE 23. SICK LEAVE
23.1. Sick Leave Accrual. All employees shall be entitled
to sick leave with pay at the rate of eighteen (18) days annually,
accrued by pay period for hours in paid status. Sick leave with
pay shall accrue without limitation. New employees shall be
granted sick leave at the date of their employment and "advanced"
three (3) days sick leave. However, no additional sick leave will
be allowed to accumulate until the end of the third month of
employment.
23.2. Use Of Sick Leave. Sick leave will full normal pay
shall~granted for the following reasons:
(A) Personal illness or physical incapacity.
(B) Illness of an employee's immediate family requiring
the employee's personal care and attendance. Immediate family,
for the purpose of this section, is defined as mother, father,
spouse, son, daughter, or legal guardian who stands in place of a
parent.
(C) Enforced quarantine of the employee in accordance
with community health regulations.
(D) Where injury leave has expired and the employee
must be absent from work for an additional period.
(E) Sick leave may be requested for other members of an
employee's household, and may be approved by the City Manager on a
case-by-case basis.
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An employee contemplating absence on sick leave shall
inform the Employer of the fact, except in the case of proveable
inability to make a phone call, and provided further that such
calls shall be made as soon as possible thereafter.
Absence for a fraction of a day that is chargeable to
sick leave in accordance with these provisions shall be charged
proportionately in one-hour increments, if needed.
A doctor's certificate, or other proof of illness may be
required for sick leave use if, in the judgment of the Employer,
there may be some questions as to the legitimacy of the need for
sick leave. Abuse of sick leave may be cause for disciplinary
action.
23.3. p~yment For Unused Sick Leave.
(A) After at least ten (10) full years (i.e. 120
months) of continuous service with the City, an employee, who is
laid off or who qualifies for retirement benefits under the State
of Ohio's "Police and Fireman's Disability and Pension Fund",
shall be entitled to receive payment for accumulated unused sick
leave. The rate of pay for such accumulated sick leave shall be
at employee's straight time hourly rate of pay at separation
multiplied by one-third (1/3) of the total number of accumulated
sick leave hours. Total payment under this provision shall not
exceed 480 hours (60 paid days). In the event an employee dies
while in the employ of the City, except as provided in paragraoh
(B) of this section, and the employee qualifies for his respective
retirement/pension fund, his spouse, or secondarily, his estate
shall be paid the aforementioned rate of redemption for
accumulated unused sick leave.
(B) If an employee is killed in the line of duty, his
surviving spouse, or secondarily, the estate, shall be paid for
one hundred percent (100%) of the value of the employee's accrued
but unused sick leave, at the straight time rate in effect at the
time of death. The amount so paid shall constitute payment in
full for all accrued and unused sick leave credited to the
employee.
ARTICLE 24. INJURY LEAVE
24.1. Injury Leave With Pay. Injury leave shall be granted
by the City Manager for a period of up to one hundred eighty (180)
calendar days after the date of injury giving rise to the need for
such leave. Injury is defined as a service-connected disability
which interferes with an employee's ability to perform normal
duty, and which has been reported to the employee's immediate
supervisor not more than three (3) days from the date such injury
occurs.
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Simultaneous with the request for injury leave, the
employee shall also make application and actively prosecute a
claim for benefits under the Workers' Compensation Law of Ohio.
If application for benefits under the workers' Compensation Law is
favorably considered, the Employer's obligation under the.
continued use of injury leave shall be the monetary difference
between the employee's regular rate of pay and benefits received
under the Workers' Compensation Law.
It is the intent of the Employer and the employee to
assure the employee of full pay while on injury leave, considering
benefits from Workers' Compensation and the Employer in the
aggregate.
In cases where injury leave or medical leave are
necessary, the Chief of police may internally address a light duty
work po1icy'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 service-connected accident or illness, rather than
limitations on leave to be granted in anyone calendar year or
other unit of time.
ARTICLE 25. SPECIAL LEAVES
25.1. Special Leave.
(A) Leave Without Pay. Leave without pay may be
granted, upon 'the approval of the City Manager, if requested in
writing by the employee. An employee on leave without pay shall
not accrue sick leave or vacation benefits, and the employee will
be required to pay group health premiums in total if he wishes
such coverage continued. 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:
(1) Personal Leave. A leave without pay may be
granted at the discretion of the City Manager 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, and must be submitted in
writing a minimum of two weeks prior to the requested date of the
extension.
(2) Extended Illness or Accident Leave. A leave
without pay may be granted to an employee for a period not to
exceed one (1) year without loss of seniority when such employee
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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 for approval), and the employee must supply
certification from a qualified physician attesting to the
necessity for such absence.
(3) Maternity Leave. A maternity leave without
pay may be granted to an employee without loss of seniority upon
approval of the City Manager and recommendation of the Chief of
Police. 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.
Leave without pay during the probationary period shall not be
counted as part of that period.
(Br Leave with Pay. Leave with pay may be granted for
good and sufficient reasons which are considered to be in the best
interests of the City by the City Manager, but only in the event
of extraordinary circumstances.
25.2. Jury Duty 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
discharge of his duties as a City employee. In such cases, all
witness or jury fees shall be signed over to the City.
25.3. Bereavement Leave.
(A) In the event of death in the immediate family, an
employee shall be entitled to up to three (3) consecutive paid
workdays for a funeral service and/or burial and an additional two
(2) days, charged against sick leave, for such services out of
state, if needed for these puposes.
(B) The immediate family for purposes of bereavement
leave shall include: spouse, son, daughter, brother, sister,
parent, legal guardian, person who stands in place of a parent,
grandparent, grandchild, step-father, step-mother, step-brother,
step-sister, step-son, step-daughter, mother-in-law,
father-in-law, daughter-in-law, brother-in-law, sister-in-law,
grandparent-in-law, half brother and half sister, and any other
relative living in the home of the employee.
25.4. Military Leave. Except as may otherwise be
specifically provided herein, an employee may be granted a leave
of absence without pay to be inducted or otherwise enter military
duty.
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
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upon to receive temporary military training, shall be entitled to
a temporary leave of absence with pay for a period or periods not
to exceed thirty (30) calendar days in anyone (1) calendar year.
An employee qualifying for paid military leave shall be paid such
employee's regular compensation less whatever compensation an
employee may receive for such military service.
ARTICLE 26. TRAINING AND TUITION REIMBURSEMENT
26.1. Training. In recognition of the value of continuing
education and professional development of employees, the City
shall establish a goal of sixty (60) hours of annual training for
employees 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. Toe 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 accomodate the
training to the employee's regular work schedule or, if not
practicable, to change the employee's work schedule on a temporary
basis to accomodate the training. 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:
(AJ' Registration fees, tuition charges for the training
school, seminar, or educational or other instructional programs.
(B) The Employer shall pay for meals when not provided
by the tuition.
(C) The Employer shall pay 22.5 cents per mile when an
employee is not provided with a City-owned vehicle. Bus, train,
or air fare at tourist rate is provided for lengthy trips when
travel is approved by the City Manager.
(D) Hotel or motel charges when lodging is not provided
as 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 paragraphs A and D of
this section.
26.2. Tuition Reimbursement.
(A) Reimbursement Program. Each employee shall be
eligible for a maximum of Five Hundred Dollars ($500.00)
reimbursement each calendar year for fees, and required textbooks
and courses of instruction voluntarily undertaken. The amount of
maximum reimbursement per calendar year shall be increased to
Seven Hundred Fifty Dollars ($750.00), effective January 1, 1989.
Reimbursable courses of instruction will include courses necessary
for job-related degree programs. Advanced job-related training or
job-related courses of study in law enforcement not necessarily
within the degree program may also be approved provided that the
educational program is given by a recognized or~anization approved
by the Divis1on. No reimbursement shall be provided for
correspondence courses.
(B) Necessary Approval. All coursework subject to
reimbursement shall be approved in advance by the Chief of police
and the City Manager. If practicable, an employee shall make
application for approval of coursework reimbursement at least
fifteen (15) days prior to commencement of the course of study.
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
duty time.
(D) Reimbursement procedure. Reimbursement shall be
made upon successful completion of the course with a grade of C
(2.00) or better. The 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 tutition, fees, and required textbooks. Any
financial assistance available to an employee shall be deducted
from the amount of tuition reimbursement that would otherwise be
payable. The employee shall not be reimbursed for incidental
expenses such as paper or supplies, mileage, parking, meals, or
other expenses other than tuition, fees, and required textbooks.
ARTICLE 27. DURATION
27.1. Duration. All of the provisions of this Agreement
shall become effective January 1, 1988, unless otherwise
specified. This Agreement shall continue in full force and effect
until midnight, December 31, 1989.
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, f
.
27.2. Signatures. Signed and dated at Dublin, Ohio on or as
of thU-J~ day of . March, 1988.
CITY OF DUBLIN, OHIO, BY: EMPLOYEE GROUP
FRATERNAL
ITY BY:
'.
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