011-90 Ordinance
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No, 30043
11-90
Ordinance No. m'uun_mn Passed,..mm.. ___19
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT
WITH THE FRATERNAL ORDER OF POLICE
CAPITAL CITY LODGE NUMBER 9 RE-
GARDING WAGES, HOURS, TERMS AND
CONDITIONS OF EMPLOYMENT, AND
DECLARING AN EMERGENCY
I
WHEREAS, the attached Contract regarding wages, hours, terms, and conditiots
of employment is mutually acceptable to the City of Dublin and the
Fraternal Order of Police Capital City Lodge Number 9; and, I
WHEREAS, Council believes that said Contract should be ratified; I
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, ~of the elected members concurring:
Section 1. That the City Manager be, and hereby is, authorized to enter
into the attached Contract with the Fraternal Order of Police Capital
City Lodge Number 9 regarding wages, hours, terms, and conditions of
employment.
Section 2. That, as referenced in Section 1.4 of the attached Contract,
said Contract 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 preservation of the public health, safety, and welfare,
and for further reason that applicable provisions of the attached Contract
are to be effective January 1, 1990, and therefore, this Ordinance shall
take effect and be in force immediately upon its passage.
Passed this 19th day of February , 1990.
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/~eSidin ficer
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II Attest:
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JAt1frl!b//;' '-?(A-It...a-,J
Clerk of Council
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Sponsor: City Manager
Director of Personnel and Purchasing
I hereby certify that copies of this Ordinonce/lffir~Hig~ were posted in the
City of Dublin in accordance with Section 731.25 of the Ohio Revised Code.
-tft:(7~/J ~, ~a-J
Clerk of Council, Dublin, Ohio
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.
CONTRACT BETWEEN
THE CITY OF DUBLIN
AND
THE FRATERNAL ORDER OF POLICE
CAPITAL CITY LODGE NO. 9
CONTRACT PERIOD: JANUARY 1, 1990 - DECEMBER 31, 1992
TABLE OF CONTENTS
PAGE
ARTICLE 1 CONTRACT 1
1.1 Contract I
1.2 Purpose I
1.3 References I
. 1.4 Applicability 1
ARTICLE 2 RECOGNITION 1
2.1 Recognition I
2.2 Bargaining Units 2
ARTICLE 3 LODGE SECURITY 2
3.1 Dues Recognition 2
3.2 Fair Share Fee 2
3.3 Bulletin Boards 3
3.4 Meeting Locations 3
3.5 Ballot Boxes 3
3.6 Use of Intra-Departmental Mail 4
3.7 Lodge Business 4
ARTICLE 4 NONDISCRIMINATION 4
4.1 Joint Pledge 4
4.2 Employer Pledge 4
4.3 Lodge Pledge 4
4.4 Gender Reference 4
ARTICLE 5 MANAGEMENT RIGHTS 4
5.1 Management Rights 4
ARTICLE 6 LABOR/MANAGEMENT MEETINGS 5
6.1 Meetings 5
ARTICLE 7 BARGAINING UNIT BUSINESS 5
7.1 Employee Designee 5
ARTICLE 8 GRIEVANCE PROCEDURE 6
8.1 De Unit ion 6
8.2 Jurisdiction 6
8.3 Qualifications 6
8.4 Grievance Form 6
8.5 Grievance Procedure 7
8.6 Working Days 8
8.7 Extension of Time Limits 8
ARTICLE 9 INTERNAL REVIEW PROCEDURES 9
9.1 Scope 9
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PAGE
ARTICLE 9 INTERNAL REVIEW PROCEDURES (Continued)
9.2 Informal Process for Non-Serious
Complaints or Offenses 9
9.3 Notification 9
9.4 Right to Representation 9
9.5 Conduct of Questioning 10
. 9.6 Access to Tapes and Documents 10
9.7 Citizen Complaints 10
9.8 Initial Investigation 11
ARTICLE 10 DISCIPLINE 11
10.1 Discipline for Cause 11
10.2 Progressive Discipline 11
10.3 Disciplinary Action 12
10.4 Pre-Disciplinary Conference 12
10.5 Appeal 13
ARTICLE 11 PERSONNEL FILES 13
11.1 Unfavorable/Inaccurate Documents 13
11.2 Copies of Records in Personnel Files 13
11. 3 Duration of Disciplinary Records 13
11.4 Review of Personnel Files 13
ARTICLE 12 WORK RULES 14
12.1 Work Rules 14
ARTICLE 13 POLITICAL ACTIVITY 14
l3.1 Political Activity 14
ARTICLE 14 SENIORITY 14
14.1 Seniority Defined 14
14.2 Application of Seniority 15
14.3 Filling of Job Assignments 15
14.4 Filling of Shift Assignments 15
14.5 No posting Response 15
ARTICLE 15 EMPLOYEE ASSISTANCE PROGRAM 16
15.1 Employee Assistance 16
ARTICLE 16 MISCELLANEOUS 17
16.1 Safe Equipment 17
16.2 Contract Copies 17
16.3 Mail 17
16.4 Reimbursement for Expenses and Travel 17
ARTICLE 17 RATES OF PAY/WAGES 17
17.1 Wages 17
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PAGE
ARTICLE 17 RATES OF PAY/WAGES (Continued)
17.2 Appointment and Advance Step Hiring 18
17.3 Step Advancement 18
17.4 Application of Pay Rates 18
17.5 Longevity Pay 18
. ARTICLE 18 RATES FOR EMPLOYEES FOLLOWING
CERTAIN PERSONNEL ACTIONS 19
18.1 Temporary Work Assignment 19
18.2 Return to Duty 19
18.3 Return from Military Service 19
18.4 Reinstatement from Authorized Leave 19
ARTICLE 19 HOURS OF WORK AND OVERTIME 19
19.1 Workweek 19
19.2 Overtime 20
19.3 Call in Pay/Court Pay 20
19.4 Compensatory Time 20
19.5 Payment of Accrued Compensatory Time Off
Upon Separation 20
19.6 Use of Compensatory Time 20
19.7 Application to Special Duty 20
ARTICLE 20 UNIFORMS, EQUIPMENT, AND ALLOWANCES 21
20.1 Initial Issue 21
20.2 Change in Issuance 21
20.3 Plain Clothes Issue 21
20.4 Annual Uniform and Equipment Allowance 22
20.5 Annual Plain Clothes and Equipment Allowance 22
20.6 Required Purchases 22
20.7 Dry Cleaning 22
20.8 Damaged or Destroyed Personal Property 22
20.9 Termination 23
ARTICLE 21 VACATION LEAVE 23
21.1 Vacation Year 23
21.2 Conditions for Accrual 23
21.3 Accrual Schedule for Vacations 23
21.4 Vacation Carry-Over 23
21.5 Vacation Scheduling 23
ARTICLE 22 HOLIDAYS 24
22.1 Paid Holidays 24
22.2 Special Holidays 24
22.3 Holiday Work 24
22.4 Holiday Pay 24
22.5 Personal Days 25
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PAGE
ARTICLE 23 INSURANCE 25
23.1 Health Care and Dental Insurance 25
23.2 Liability Insurance 26
23.3 Life Insurance 26
23.4 Change in Carriers 26
. ARTICLE 24 SICK LEAVE 26
24.1 Sick Leave Accrual 26
24.2 Use of Sick Leave 26
24.3 Payment for Unused Sick Leave 27
ARTICLE 25 INJURY LEAVE 27
25.1 Injury Leave with Pay 27
ARTICLE 26 SPECIAL LEAVES 28
26.1 Special Leave 28
26.2 Jury Duty Leave 29
26.3 Bereavement Leave 29
26.4 Military Leave 29
ARTICLE 27 TRAINING AND TUITION REIMBURSEMENT 29
27.1 Training 29
27.2 Tuition Reimbursement 30
ARTICLE 28 DURATION 31
28.1 Duration 31
28.2 Signatures 31
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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, hereinafter referred to as
"Employer" or "Division," and THE FRATERNAL ORDER OF POLICE, CAPITAL CITY LODGE
fl9, hereinafter referred to as the "Lodge".
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. Should the employer achieve legal status as
a public employer as a consequence of the 1990 census, it will be bound by
provisions of Ohio Revised Code 4117. However, until said finding is issued,
the employer is voluntarily recognizing the Lodge as the collective bargaining
representative for the bargaining units identified herein.
Section 1.3 REFERENCES. Should any part of this contract be held invalid by
operation of law or by final Order issued by any tribunal of competent juris-
diction, 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.
The Employer and the Lodge and employees agree that nor representative of either
shall make or ask an employee to make any written or verbal agreement which
would conflict with this Contract.
Unless otherwise specifically provided in this Contract, no changes in this
Contract shall be negotiated during its duration unless there is written accord
by and between the parties to do so. Any negotiated changes, to be effective
and incorporated in this Contract, must be in writing and signed by the parties.
Section 1.4 APPLICABILITY. This Contract shall be memorialized by Ordinance
of the Employer's Council and when memorialized 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.
Economic benefits granted to employees which are sanctioned by the Employer and
which are in effect on the ratification date of this Contract and which are not
specifically provided for or abridged by this Contract shall not be lessened
during the term of this Contract.
ARTICLE 2. RECOGNITION
Section 2.1 RECOGNITION. The Employer recognizes the Lodge as the sole and
exclusive representative for all employees included in the bargaining units
described herein in any and all matters relating to wages, hours, terms and
conditions of employment, and the continuation, modification, or deletion of an
existing provision of this contract and for the administration of this Contract.
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Section 2.2 BARGAINING UNITS. There shall exist in the City of Dublin two
(2) bargaining units and they shall consist of:
A. All full-time sworn police officers below the rank of Sergeant who are
employed by the Employer.
B. All full-time sworn police officers of the rank of Sergeant or above
. who are employed by the Employer but excluding the rank of Lieutenant
and Chief.
References throughout this Contract to bargaining unit members shall mean
employees within both bargaining units, unless specified otherwise.
ARTICLE 3. LODGE SECURITY
Section 3.1 DUES DEDUCTION. The Employer agrees to deduct Lodge membership
dues in the amount certified by the Lodge to the Employer, the first pay period
of each month from the pay of any Lodge member requesting the same in writing.
The Employer also agrees to deduct Lodge Initiation fees and assessments, in the
amount certified by the Lodge to the Employer, the first pay period of each
month, in which such fees and assessments are due, from the pay of any
appropriate Lodge member.
If a deduction is desired, the Lodge member shall sign a payroll deduction form
which shall be furnished to the financial secretary of the Lodge, once each
calendar month, a warrant in the aggregate amount of the deductions made for
that calendar month, together with a listing of the Lodge members for whom
deductions were made. Nothing herein shall prohibit Lodge members covered by
this Contract from submitting dues directly to the Lodge.
The Employer shall provide the Lodge with additional payroll deductions for the
purpose of the Lodge providing additional employees benefits, providing the
Employer's payroll accounting system possesses sufficient capacity and
capability for additional deductions.
No other employee organization's dues shall be deducted from any employee's pay
for the duration of this Contract.
The Lodge agrees to hold the Employer harmless should any deductions be found to
have been unlawfully, illegally or improperly taken. Further, the Lodge agrees
to indemnify the Employer and to provide legal counsel in defending any action
claiming that a deduction has been unlawfully, illegally or improperly made and
will further reimburse the Employer for any payments made by the Employer as a
result of any finding by an administrative agency or court of law that it has
unlawfully, illegally or improperly made deductions.
Section 3.2 FAIR SHARE FEE.
A. Bargaining unit employees who are not members of the Lodge shall, as a
condition of employment, pay to the Lodge a fair share fee. The
amount of the fair share fee shall be determined by the Lodge, but
shall not exceed dues paid by members of the Lodge who are in the
bargaining units. Such fair share fee shall be certified by the Lodge
to the Employer at such time during the term of this Contract as
necessary to be accurate. Such payment shall be subject to an
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internal Lodge rebate procedure meeting all requirements of state and
federal law.
B. For the duration of this Contract, such fair share fee shall be auto-
matically deducted by the Employer from the payroll check of each bar-
gaining unit employee who is not a member of the Lodge. The automatic
deduction shall be made in the first pay period of each month. The
. Employer agrees to furnish the financial secretary of the Lodge once
each calendar month, a warrant in the aggregate amount of the fair
share fees deducted for that calendar month, together with a listing
of the 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 Lodge has com-
pleted his or her first sixty (60) days of employment.
The Lodge agrees to hold the Employer harmless should any deductions
be found to have been unlawfully, illegally or improperly taken.
Further, the Lodge 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 further reimburse it
for any payments made by the Employer as a result of any finding by an
administrative agency or court of law that it has unlawfully,
illegally or improperly made deductions.
Section 3.3 BULLETIN BOARDS. The Lodge shall be permitted, upon prior
notification, to maintain a Lodge bulletin board at Division headquarters.
Lodge bulletins and Lodge material only will be permitted to be posted on this
board.
Section 3.4 MEETING LOCATIONS. The Lodge shall be permitted, upon prior
notification to the Chief of Police, to hold meetings, for the Lodge members in
the bargaining units for all bargaining unit employees, at police headquarters
or other city building, room or facility. The notification required under this
Section shall be in writing, shall be delivered to the Chief at least forty-
eight (48) hours prior to the time of the meeting, and shall state the date,
time, and requested location of the meeting.
The Employer agrees to hold the requested location open for use by the Lodge on
the date and at the time specified in the Lodge's notification to the Chief.
However, if it is not practicable for the Employer to provide the requested
location to the Lodge, the Employer will so notify the Lodge and made every
effort to provide for an alternate meeting location in another city building,
room or facility. No employee shall attend the above-referenced meetings while
on duty without receiving prior approval from the Chief of Police or his desig-
nee. In the event the Chief or his designee are neither present or available,
or it is not practical to contact said individuals, prior approval shall then be
obtained from the then on-duty supervisor.
No bargaining unit employee or member of the Lodge shall be obligated or asked
to divulge to the Employer information discussed at said meetings.
Section 3.5 BALLOT BOXES. The Lodge shall be permitted, upon prior notifica-
tion to the Chief of Police, to place a ballot box at Division headquarters for
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the purpose of collecting member's ballots on all Lodge issues subject to
ballot. Such box shall be the property of the Lodge and neither the ballot box
nor its contents shall be subject to the Division's review.
Section 3.6 USE OF INTRA-DEPARTMENT MAIL. The Lodge shall be permitted to
utilize the intra-departmental mail system for the purpose of providing informa-
tion pertaining to Lodge business or bargaining unit representation, to bargain-
ing unit employees. The Lodge agrees that the use of the mail system will be
reasonable and limited to providing information that is necessary for the normal
conduct of Lodge business or bargaining unit representation. All mail placed
into the mail system by the Lodge shall be the property of the bargaining unit
employees to whom it is addressed, and such mail shall not be subject to the
Employer's review.
Section 3.7 LODGE BUSINESS. Representatives of the Lodge shall be permitted
to transact official Lodge business at Divisional work sites at all reasonable
times, provided that this shall not interfere with or interrupt normal Divi-
sional operations. When possible, a Lodge representative will give advance
notice and obtain approval from the Chief or his designee if the Lodge intends
to use the employer's equipment or property for Lodge business or other non-work
related activities. In the Chief's or designee's absence notice shall be given
to and approval obtained from the shift supervisor at that time. Permission of
the Chief or his designee to use the equipment or property will not be withheld
without a valid reason.
ARTICLE 4. NONDISCRIMINATION
Section 4.1 JOINT PLEDGE. The provisions of this Contract shall be applied
equally to all employees without regard to age, sex, race, color, religion,
political affiliation, recognized handicap or national origin.
Section 4.2 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, restraint 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.
Section 4.3 LODGE PLEDGE. The Lodge, within the terms of its constitution
and by-laws, to the extent said terms are legal and in compliance with state and
federal law, agrees not to interfere with the desire of any employee of the
bargaining units to become and remain a member of the Lodge. The Lodge agrees
to fairly represent all employees of the bargaining units subject to the provi-
sions and procedures set forth in Sections 4117.II(B) (6) and 4117.12 of the
Revised Code.
Section 4.4 GENDER REFERENCE. All references to employees in the Contract
designate both sexes, and whenever the male gender is used, it shall be con-
strued to include male and female employees.
ARTICLE 5. MANAGEMENT RIGHTS
Section 5.1 MANAGEMENT RIGHTS. Except as specifically limited herein, the
Employer shall have the exclusive right to manage the operations, control the
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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 estab-
lish. 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 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 6. LABOR/MANAGEMENT MEETINGS
Section 6.1 MEETINGS. In the interest of sound labor/management relations.
upon request of either party, at a mutually agreeable date and time, not more
than four (4) representatives of the Employer shall meet with not more than four
(4) 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. All matters on the agenda requested by the parties to be discussed,
will be discussed. The purpose of such meeting shall be to:
A. Discuss the administration of this Contract;
B. Discuss grievances which have been processed beyond the final Step of the
Grievance Procedure, when such discussions are mutually agreed to by the
parties;
C. Disseminate general information of interest to the parties;
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. BARGAINING UNIT BUSINESS
Section 7.1 EMPLOYEE DESIGNEE. Each Bargaining unit is authorized to select
one (1) employee designee and one (1) alternate to conduct bargaining unit
business. The employee designee. upon giving reasonable notice, and upon
authorization from the immediate supervisor, 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 a dispute. Permission to perform these functions
shall not be unreasonably denied.
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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 applica-
tion 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
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 Procedure, as set forth in
this Article, may be utilized by an employee in lieu of appealing a matter to
the Dublin Personnel Board of Review. However, once an employee elects to
pursue an appeal to the Dublin Personnel Board of Review and the Dublin Person-
nel Board of review takes jurisdiction over the appeal, the employee is there-
after precluded from seeking a remedy under this Procedure.
Section 8.3 QUALIFICATIONS. All grievances must be presented at the proper
step and time in progression in order to be considered at subsequent steps. The
proper step to initiate the grievance is Step I, unless the occurrence that gave
rise to the grievance originates at another step. If the occurrence which gave
rise to the grievance originates a another step, the grievant may either initi-
ate his grievance at Step I 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 to 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 inci-
dent 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. 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 Contract violated;
E. Date grievance was first discussed;
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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 have the responsibility for duplication and distribu-
. tion of, and its own accounting for, the grievance forms. This form may be also
used for official business of the police Division.
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 responsible effort
shall be made by the Employer to the bargaining unit 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 member shall orally present the grievance to the
member's immediate supervisor within ten (10) working days from the time
the member becomes aware of the occurrence which gave rise to the grie-
vance. The immediate supervisor shall investigate and provide an appropri-
ate answer within seven (7) working days following an informal meeting at
this Step.
B. Step 2 - Chief of police. If the grievance is not resolved in Step I 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 grievances 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 submit-
ted 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 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, the arbitrator shall be selected by the parties
making a joint request either to the American Arbitration Association or to
the Federal Mediation Conciliation Service for a panel list of nine (9)
arbitrators. The parties shall then choose an arbitrator by alternately
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.
striking names from the list until such time as one (I) 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 nonarbitrable or beyond the arbitrator's jurisdiction. The first
question to be placed before an arbitrator will be whether or not the
alleged grievance is within the purview or arbitrability. Thereafter, the
alleged grievance will be heard on its own merits before the same
arbitrator.
The decision of the arbitrator shall be final and binding. The
arbitrator shall be without authority to recommend any right to relief on
any alleged grievance occurring at any other time than the 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. Both the Lodge and the Employer
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 is closed and
post-hearing briefs are submitted. He shall forward such findings and
award to the City Manager, or his designee, and to the Lodge President, or
his designee.
Section 8.6 RIGHT TO REPRESENTATION. A grievant has a right to representa-
tion in 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 WORKING DAYS. For purposes of the Grievance Procedure, working
days means the working days of the party who is responsible for initiating an
action or responding to a grievance at the appropriate Grievance Step.
Section 8.8 EXTENSION OF TIME LIMITS. It is the Employer's and the Lodge's
intention that all time limits in the above grievance procedure shall be met.
However, to the end of encouraging thoughtful responses at each Step, the
Lodge's and the Employer's designated representative may mutually agree, at any
Step, to short time extensions. But any such agreement must be in writing and
signed by the parties. In the absence of such mutual extensions, if no response
is forthcoming 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
member desires to receive a response the member can request that the particular
official at the applicable Step respond in writing. The member will hand
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deliver a memorandum to both the Chief or his designee and the Personnel Direc-
tor or his designee requesting such a response. The applicable official will
then respond within seven (7) days from the receipt of the memorandum. Ifa
response is not forthcoming within the seven (7) 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. 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 aside from the informal procedure for non-serious
complaints or alleged non-serious offenses.
Section 9.2 INFORMAL PROCESS FOR NON-SERIOUS COMPLAINTS OR OFFENSES. In rec-
ognition 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 follow-
ing procedure can be adhered to where an informal resolution is likely to occur.
After receipt of a complaint is received or phoned in and it is memorialized in
writing by the officer taking the complaint, an informal process may be initi-
ated for resolution of minor infractions or non-serious allegations. The inves-
tigating officer (in cases of an O.I.C., this procedure is governed by Section
9.8), whether a shift supervisor, Bureau Commander or Chief, may approach the
officer and attempt to gather the facts about the allegation from the officer.
At that time, the investigating officer shall notify the other officer of the
nature of the complaint. If the complaint cannot be resolved at this informal
level or the charged officer 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 the progressive
discipline. Cases processed and resolved at the informal level may result in no
more than a letter of reprimand, where a review of the action may be sought by
the employee. 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 within seven-
ty-two (72) hours at the direction of the Chief of Police or his designee and
with the presence of the accused officer and his representative, if so desired.
The purpose of this meeting is to formally provide the accused officer with the
complaint in writing. At that time, the supervisor will again be permitted to
gather information pertinent to the complaint from the accused officer 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 any written complaint made against him,
prior to any questioning. If either felony or misdemeanor charges are contem-
plated, the employee shall be informed of his constitutional rights in advance
of any questions.
- 9 -
Section 9.4 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 a reasonable opportunity to
consult with the employee during questioning.
Section 9.5 CONDUCT OF QUESTIONING. As used in this Article, questioning
. refers to any investigation, internal affairs interview, or interrogation
whether 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 reasonable
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 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 premised 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 Lodge representative or attorney. The employee and his
Lodge representative or his Lodge attorney will be afforded the opportun-
ity, 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
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
member 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 subparagraph (D) 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 poly-
graph examiner shall be chosen by mutual agreement of the Employer and the
employee.
Section 9.6 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 reason-
ably in advance of any Pre-Disciplinary Conference.
- 10 -
Section 9.7 CITIZEN COMPLAINTS. 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. Also, when any citizen complaint is filed
more than forty (40) calendar days after the date of the alleged event com-
plained of, and where the complaint, if true, could not lead to criminal
charges, such complaint shall be classified as unfounded. The accused employee
shall not be required to submit to a written report or submit to questioning;
. but, he shall be notified orally or in writing of such complaint.
Section 9.8 INITIAL INVESTIGATION. All complaints, internal investigations
and Divisional charges should initially be under the province of the then
on-duty Sergeant. If no Sergeant is on-duty, the officer-in-charge (O.LC.)
will be responsible for noting the incident and forwarding it to the member's
Sergeant or the Operations Bureau Commander at his first opportunity. However,
the O. LC. may investigate any actions of members that are initiated by any
members of the Division and could lead to no more than an oral or written
reprimand. If the incident is forwarded, the member's Sergeant will investigate
and make recommendations to the Chief. If the member's Sergeant is not avail-
able within forty-eight (48) hours of the alleged incident or on the Monday
following the alleged incident, if it occurs on the weekend, the Operations
Bureau Commander will investigate and make recommendations of 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 3.
ARTICLE 10. DISCIPLINE
Section 10.1 DISCIPLINE FOR CAUSE. The tenure of every employee shall be
during good behavior and efficient service. No employee shall be reprimanded,
suspended, reduced in payor rank, 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 repre-
senting 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 officer, or any other acts of
misfeasance, malfeasance or nonfeasance, or violations of any Dublin Division of
Police General Orders shall be cause for disciplinary action.
Section 10.2 PROGRESSIVE DISCIPLINE. Except in instances where an employee is
found to have engaged in gross misconduct (misconduct justifying suspension or
discharge), 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
- 11 -
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 related
offense of the same nature or related offense. Should a suspension be issued,
the Employer is 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 Employer shall only impose a disciplinary
penalty commensurate with the offense, which, where practicable, may assist the
employee in correcting whatever action or behavior is deemed inappropriate.
Nothing herein precludes the Employer from utilizing positive steps, including
counseling, to correct an employee's inappropriate action or behavior.
When disciplinary action is first proposed, the employee and his representative
will be allowed an opportunity, if desired to meet with the appropriate super-
visor or discuss the proposal.
Section 10.3 DISCIPLINARY ACTION. The prerogative to issue oral reprimands
and written reprimands is solely within the Divisional Chain of Command. 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 heard in a Pre-Disciplinary Conference, as established in
Section 10.4. In preferring charges, the Chief shall provide the employee with
all evidence supporting the charges.
Section 10.4 PRE-DISCIPLINARY CONFERENCE. When charges are preferred by the
Chief, a Pre-Disciplinary Conference shall be scheduled to give the 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 mater-
ial to his defense, and confront his accusers. The employee or his representa-
tive 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 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, sum-
marizing 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 represent-
ative within five (5) working days following the Conference. Pre-Disciplinary
- 12 -
Conferences shall be tape-recorded. A copy of the recording shall 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.
Any imposition of discipline shall be accomplished in such a manner that it will
not embarrass the employee before other employees or the public.
0 Section 10.5 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 11. PERSONNEL FILES
Section 11.1 UNFAVORABLE/INACCURATE DOCUMENTS. If an unfavorable or inaccu-
rate statement or notation is placed in the official personnel file, the
employee shall be given the right to place a statement or rebuttal or explan-
ation in his or her file.
Section 11.2 COPIES OF RECORDS IN PERSONNEL FILES. A copy of any record or
document which has been placed 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.
Section 11.3 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 person-
nel 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 from the date of its issuance,
provided no further corrective action of the same or related nature has occurred
in the interim period. In those cases where further corrective action occurs of
the same or 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.
- 13 -
Section 11.4 REVIEW OF PERSONNEL FILES. Every bargaining unit member shall be
allowed to review his personnel file at any reasonable time upon written request
to the Director of Personnel. Access to personnel files will be governed by
Ohio law. However, if a file is requested, the Employer will make a reasonable
attempt to notify the affected member. The affected member will then be given
immediate access to his personnel file no later than the next business day after
the request. The Employer will make every effort to insure that the file is
0 reviewed by the member before granting the public request.
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 charge by an employee that a work rule or Department
directive is in violation of this Contract, or has not been applied or inter-
preted 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:
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 Employer
or is sanctioned by the Employer.
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 identifiable uniform, and does not repre-
sent that such activity is either undertaken in his official capacity as an
employee or the Employer or is sanctioned by the Employer.
C. 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:
l. Orally or in writing solicit or in any manner be concerned with
soliciting any assessment, subscription or contribution of any type
for any political party or political purpose whatsoever from any
person holding a position in the service of the Employer;
2. Make any contribution to the campaign funds of any candidate for a
City of Dublin elective office for the actual or apparent purpose of
influencing said persons or receiving favors of any nature from said
persons; and,
3. Become actively involved in the elective process or campaigns for any
City of Dublin elective office, except as would be applicable under
paragraph A. of this Section.
- 14 -
ARTICLE 14. SENIORITY
Section 14.1 SENIORITY DEFINED. For purposes of this Contract, "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.
A "break in service" only occurs in the following instances:
A. Separation because of resignation, except where an employee is rehired
within thirty (30) days of resignation;
B. Removal;
C. Failure to return from an authorized leave of absence;
D. Failure to respond to a notification of recall.
A "break in service" shall not occur if an employee is reinstated due to the
disaffirmance of 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" occurred for purpose of continuous service
credit.
Section 14.2 APPLICATION OF SENIORITY. When vacation leaves are to be sched-
uled 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.
Section 14.3 FILLING OF JOB ASSIGNMENTS. Whenever a vacancy occurs in the
assignments of Detective, Training Officer, Range Officer, Property Room Offi-
cer, or any new full-time assignment, the Division shall post a Job Assignment
Opening for fifteen (15) days 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 appli-
cants who apply. The following criteria for selection shall be used: ability,
work performance, and seniority based upon time in rank. Where ability and work
performance are relatively equal in the opinion of the Chief, seniority based
upon time in rank shall be the deciding factor.
Section 14.4 FILLING OF SHIFT ASSIGNMENTS. Assignments to shifts and shift
slots shall be posted for fifteen (15) days and shall be made by means of
seniority based upon time-in-rank, unless the Chief determines that the effec-
tive 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 permanent shift assignments or shift
s 10 t s .
- 15 -
Employees at the rank of police Officer who are serving in their original
appointment probationary period shall not have an opportunity to compete for new
shift assignments or shift slots until the first posting procedure after the
conclusion of said probationary period.
Section 14.5 NO POSTING RESPONSE. In instances where job assignments, as set
forth in Section 14.3, or shift assignments, as set forth in Section 14.4, are
. posted and no employees respond to the posting, the Chief reserves the discre-
tion to make such assignments based upon the needs of the Division.
ARTICLE 15. EMPLOYEE ASSISTANCE PROGRAM
Section 15.1 EMPLOYEE ASSISTANCE. The parties recognize the value of an
Employee Assistance Program (EAP) to aid employees for any problems that affect
personal and or work life limited to the member himself or a member of his
immediate family as defined in Section 24.2 entitled "Use of Sick Leave". These
problems include alcohol or other drug abuse problems, or illnesses of defined
family members that are life-threatening or require hospitalization for an
extended period of time. Whether a member may seek assistance from the EAP for
other situations affecting the member will be decided by the City Manager on a
case-by-case basis at his sole discretion. 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 these problems can be successfully treated or
resolved.
It is the policy of the Employer that assistance services shall be made avail-
able to an employee for listed problems which either results in noticeable
changes in work performance or adversely affects an employee's personal or
family life. This policy strongly encourages such an employee to seek profes-
sional help and appropriate means of support for resolving problems.
A. An employee who has a problem which may affect the 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 himself or is formally referred for diagnosiS
or treatment, all records pertaining to the employee's treatment or rehab-
ilitation are to be kept in the strictest confidence by the Employer where
legally permissible, 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 rehab-
ilitation when no paid leave is available.
E. An employee is responsible for correcting identified unsatisfactory work
performance or behavior, including unsatisfactory job performance which is
a result of the listed problems.
- 16 -
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 measure in accordance with the provisions of this Contract.
G. Bargaining unit representatives will be available to an employee requesting
assistance in utilizing the EAP.
ARTICLE 16. MISCELLANEOUS
.
Section 16.1 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.
Section 16.2 CONTRACT COPIES. As soon as is possible following the signing of
this Contract, the Employer and the Lodge 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 Employer shall
be responsible for distributing copies to current members and to new members who
are hired during the term of this Contract.
Section 16.3 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 or it is reason-
able to assume that the contents of the mail may relate to a work-related court
appearance or deposition. 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 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.
Section 16.4 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 at the rate of 22.5 cents per mile. 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 17. RATES OF PAY/WAGES
Section 17.1 WAGES. The following straight time annual wage rates shall be
paid to employees, by rank, effective January 1, 1990:
- 17 -
Rank Step 1 Step 2 Step 3 Step 4
Police Officer $21,364.03 $24,517.83 $27,671.63 $31,831.80
Sergeant $36,288.25
The following straight time annual wage rates shall be paid to employees, by
, rank, effective January 1, 1991 :
Rank Step 1 Step 2 Step 3 Step 4
Police Officer $22,645.87 $25,988.90 $29,331.93 $33,741. 71
Sergeant $38,465.54
The following straight time annual wage rates shall be paid to employees, by
rank, effective January 1, 1992:
Rank Step 1 Step 2 Step 3 Step 4
Police Officer $24,117.85 $27,678.18 $31,238.50 $35,934.92
Sergeant $40,965.58
Section 17.2 APPOINTMENT AND ADVANCE STEP HIRING. The City Manager, when
making appointments to the rank of Police Officer, shall be authorized to
recognize the past experience of applicants in determining their placement
within the step system.
Section 17.3 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 to
Step 2. Step advancement to Step 4 shall occur after one (1) year of continuous
service in Step 3.
Section 17.4 APPLICATION OF PAY RATES. The rates of pay set forth in Section
17.1 are based on full-time employment of forty (40) hours in a workweek and
2,080 hours in a work year. These rates shall be used to calculate wage for
hours in paid status for the appropriate pay range and step. "Paid Status"
shall include all hours of approved paid leave including holiday, vacation,
injury, military, and sick leave.
Section 17.5 LONGEVITY PAY. All employees shall receive, in addition to the
pay rates established in Section 17.1, a longevity payment based upon completed
years of service with the City according to the following schedule.
The following schedule shall be effective January 1, 1990:
Completed years of Service Amount
Four (4) through six (6) years $475.00
Seven (7) through ten (10) years $575.00
Eleven (11) through fourteen (14) years $675.00
Fifteen (15) or more years $775.00
- 18 -
.
The following schedule shall be effective January 1, 1991:
Four (4) through six (6) years $500.00
Seven (7) through ten (10) years $600.00
Eleven (11) through fourteen (14) years $700.00
Fifteen (15) or more years $800.00
0
The following schedule shall be effective January 1, 1992:
Four (4) through six (6) years $525.00
Seven (7) through ten (10) years $625.00
Eleven (11) through fourteen (14) years $725.00
Fifteen (15) or more years $825.00
Longevity pay shall be issued during the pay period in which the employee's
anniversary date of appointment falls, provided that the employee delivers a
memorandum directly to the Payroll Clerk, at least thirty (30) days prior to
his/her anniversary date, requesting such payment. In the event the employee
fails to deliver said memo to the Payroll Clerk in a timely manner, the employee
shall be paid in one (1) lump sum in a separate check issued on the fifteenth of
December. If an employee's anniversary date of appointment has already past at
the time this Contract should be ratified, and the employee delivers a memoran-
dum directly to the Payroll Clerk within thirty (30) days after such ratifica-
tion requesting payment, then the employee shall be entitled to such payment
during the next pay period after such memorandum is delivered to the Payroll
Clerk.
ARTICLE 18. RATES FOR EMPLOYEES FOLLOWING CERTAIN PERSONNEL ACTIONS
Section 18.1 TEMPORARY WORK ASSIGNMENT. If any employees perform the duties
of a higher rank, each employee shall be paid hour-for-hour at the wage rate of
that higher rank for all hours during which the employee performs such duties.
In all cases, the basis for determining the Officer-In-Charge (OIC) on any given
s hif t shall be seniority. The most senior officer assigned to that shift auto-
matically becomes the O.I.C. Should the O.I.C. be required to leave work during
the shift, the second most senior officer shall automatically become the O.I.C.
Section 18.2 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.
Section 18.3 RETURN FROM MILITARY SERVICE. Pursuant to the 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.
- 19 -
Section 18.4 REINSTATEMENT FROM AUTHORIZED LEAVE . Time spent on authorized
leave shall be credited for purposes of step advancement and shall not con-
stitute a break in service.
ARTICLE 19. HOURS OF WORK AND OVERTIME
Section 19.1 WORKWEEK. The workweek normally consists of forty (40) hours
. based on five (5) consecutive eight (8) hour work days and two (2) consecutive
days off.
Section 19.2 OVERTIME . Employees shall be compensated at straight-time rates
for all hours worked in paid status, except that all hours worked in excess of
either eight (8) hours in paid status in any day or forty (40) hours in paid
status in any workweek shall be compensated for at a rate of time-and-one-half
(1-1/2) . Employees shall be paid at double time on the seventh consecutive day
of work within a given workweek, 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.
Section 19.3 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 three (3) hours
at the appropriate overtime rate. This provision shall apply portal to portal
to employees called in from off-duty for court appearances. Employees, other-
wise 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.
Section 19.4 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 accor-
dance with the Fair Labor Standards Act, the maximum number of accumulated
compensatory hours permitted shall be two hundred forty (240).
Section 19.5 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.
Section 19.6 USE OF COMPENSATORY TIME. Any request for compensatory time of
more than eight (8) 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
eight (8) or less consecutive hours use may be submitted with less than seventy
-two (72) hours notice and may be approved by the shift supervisor on the same
shift, as scheduling and operational needs of the Division permit such usage.
Compensatory time may be requested in multiples of one-quarter hours.
Section 19.7 APPLICATION TO SPECIAL DUTY. Special duty is defined as employ-
ment by a separate and independent employer of an employee performing law
- 20 -
enforcement or related activities under provisions whereby the Division: 1)
requires the employee be hired by a separate and independent employer to perform
such duties; 2) facilitates the employment of the employee by a separate and
independent employer; 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.
"Special Duty" is also defined as any detail where members perform Police duties
for a public or private entity in Dublin and requires three (3) or less Offi-
cers. The Bargaining Unit and the City hereby agree that a "Special Duty"
Committee shall be formed for the purpose of making recommendations to the Chief
of Police regarding rates, assignments, procedures, and guidelines concerning
"Special Duty". Said Committee shall be comprised of two (2) members appointed
by the Chief of Police and three (3) members appointed by the Bargaining Unit,
and shall meet at least once on an annual basis.
Any detail where a public or private entity requests four (4) or more Officers
shall be designated as a "Special Event". Guidelines, rates, assignments, and
procedures for a "Special Event" shall be set by the Chief of Police or his
designee.
ARTICLE 20. UNIFORMS, EQUIPMENT, AND ALLOWANCES
Section 20.1 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 gun belt
1 holster
1 double ammo case and two (2) speed loaders (or magazines, at Chief's
option)
1 set of handcuffs
1 hat badge
2 breast shields
1 tie tac
1 name plate
1 service weapon
1 walkie holder (if necessary)
1 set of Body Armor
1 baton, with specifications approved by the Chief
- 21 -
Section 20.2 CHANGE IN ISSUANCE. Should the required issuance of uniforms,
uniform parts, leather, or equipment for the entire Division be changed by the
City, all Officers shall be provided the new uniforms, uniform parts, leather,
or equipment at no cost to the Officer. Body Armor shall be replaced every five
(5) years at the City's expense.
Section 20.3 PLAIN CLOTHES ISSUE. An Officer, when assigned by the Chief to
. the Detective Bureau for "plain clothes" duty, shall receive the following:
$1,000 for appropriate clothing
1 holster
1 ammo clip
Section 20.4 ANNUAL UNIFORM AND EQUIPMENT ALLOWANCE. Each uniformed Officer,
after his initial year of service, shall receive an annual uniform and equipment
allowance in the amount of $600.00. 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
30 or July 30, whichever next follows the employee's first anniversary date.
Thereafter, these semi-annual payments shall be made on January 30 and July 30
of each calendar year. The uniform and equipment allowance shall be used by the
employee to maintain his/her required uniform, uniform parts, leather, and
equipment including necessary replacement thereof.
Section 20.5 ANNUAL PLAIN CLOTHES AND EQUIPMENT ALLOWANCE. Each plain clothes
officer, after his initial year of service in the Detective Bureau, shall
receive an annual allowance in the amount of $600.00 payable in two (2) semi-
annual installments of equal amounts. 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 semi-annual payment shall be made on either the
following January 30 or July 30, whichever next follows the employee's first
anniversary date of plain clothes assignment. Thereafter, these semi-annual
payments shall be made on January 30 and July 30 of each calendar year.
Section 20.6 REQUIRED PURCHASES. Uniformed Officers shall be required to
purchase uniform parts and equipment as defined by appropriate orders, regula-
tions, codes, or other policies of the Chief and City Manager. Plain clothes
Officers will be expected to purchase the needed clothing and equipment to
function as a plain clothes Officer of the Division, as required by appropriate
orders, regulations, codes, or other policies of the Chief and City Manager.
Section 20.7 DRY CLEANING. The Employer shall provide uniform cleaning at no
cost to the employee. In any week, an Officer shall be entitled to have laun-
dered/cleaned up to ten (10) uniform items. In addition, each Officer shall be
permitted to have his winter coat and hat cleaned once each year. Uniform items
for non-uniformed members shall be defined as items of regular work clothing.
The City shall designate a dry cleaning service or services where uniforms are
to be cleaned and the City shall have the exclusive authority to contract for
the provision of such services.
Section 20.8 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 no cost to the
- 22 -
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.
Personal property of an employee, previously approved for City use, which is
lost in the line of duty, may be replaced in full or partial value if it can be
. shown that reasonable precautions had been taken to prevent such loss. The City
Manager, or his designee, shall review any claim for the replacement of lost
personal property that in the opinion of the Chief is worthy of such
consideration.
Section 20.9 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 weapon for one dollar ($1.00) .
ARTICLE 21. VACATION LEAVE
Section 21.1 VACATION YEAR. The vacation year for employees shall end at
midnight on December 31 of each year.
Section 21.2 CONDITIONS FOR ACCRUAL. Employees shall accrue vacation leave by
pay period at the annual rate set forth in Section 21.3, 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.
Section 21.3 ACCRUAL SCHEDULE FOR VACATIONS. Each employee shall be entitled
to vacation leave based upon the following vacation accrual schedule:
Completed Years of Service (with City) Paid Vacation Days (Hours) Per Year
o Year - 1 Year 10 days ( 80 hours)
2 Years - 4 Years 13 days (104 hours)
5 Years - 10 Years 15 days (120 hours)
11 Years - 15 Years 18 days (144 hours)
16 Years - 20 Years 20 days (160 hours)
21 Years or more 24 days (192 hours)
Section 21.4 VACATION CARRY -OVER. An employee may carryover from one calen-
dar 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 previously earned but not used.
Section 21.5 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.
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B. Casual Scheduling. For other than annual scheduling, employees may on
a first-come basis request occasional use of vacation leave. Requests
of eight (8) hours or less usage will be acted upon by the shift
supervisor, where practicable, during the tour of duty in which the
request is made. If no conflict in scheduling occurs, the employee's
request shall be honored.
C. Vacation leave may be taken in multiples of one-quarter 0/4) 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 unused but accrued
vacation to which they are entitled at the rate of pay in effect at
the time of separation. In the event of an employee's death, such
compensation shall be paid to the employee's surviving spouse, or
secondarily his estate.
ARTICLE 22. HOLIDAYS
Section 22.1 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
Veteran's Day, November 11
Thanksgiving Day, the 4th Thursday in November
Christmas Day, December 25
Section 22.2 SPECIAL HOLIDAYS. Any special holiday, as designated by the
City, when City offices are closed for all or part of the day, will also be
observed as a holiday under this Article.
Section 22.3 HOLIDAY WORK. Each holiday which is observed on an employee's
regularly scheduled workday shall be worked by the employee unless the employee
is excused from work. However, the Division may schedule the workforce as
necessary to provide adequate coverage to the City.
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 substantially degrade service to the community. Conflict
involving multiple requests shall be resolved on a seniority-within-ranks basis.
Section 22.4 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
- 24 -
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 work
day 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 payor 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 payor eight(8) hours
compensatory time at the straight time rate.
Section 22.5 PERSONAL DAYS. Each employee shall be entitled to four (4) days
paid personal leave per calendar year with the exception that should an individ-
ual be appointed on or after November 1 of any given year under this Contract,
said individual shall receive only one (1) day of personal leave. All personal
leave must be used within the same calendar year in which it is allocated or
said personal leave shall be forfeited. Personal leave shall be paid at the
employee's straight time rate.
ARTICLE 23. INSURANCE
Section 23.1 HEALTH CARE AND DENTAL INSURANCE. The Employer shall make
available to all employees and dependents a group hospitalization/major medical,
prescription drug, and dental insurance program with no contribution on the part
of the employees other than the required deductibles, co-payments, or co-insur-
ance etc. which may be applicable under the program. The program, as outlined
above, shall be substantially the same as that in effect on December 31, 1989.
Both the Bargaining Unit and the City realize the importance and value of effec-
tive health care cost management and, therefore, hereby agree that, effective
February 1, 1990, Dublin shall institute a Peer Utilization Review process
designed to evaluate the medical necessity of certain medical/surgical proce-
dures and the competitiveness of the fees being charged for certain medical/sur-
gical procedures and thus, attempt to prevent physicians from over-charging for
certain procedures and to possibly eliminate the performance of unwanted,
- 25 -
.
unnecessary medical/surgical procedures.
Both the Bargaining Unit and the City agree that, also in an effort to more
effectively manage the cost of health care, effective February 1, 1990, the City
shall institute a $50,000 lifetime maximum on inpatient psychiatric care.
Both the Bargaining Unit and the City further agree that, if the new self-funded
. medical and dental insurance program nets a savings of at least $30,000 during
calendar year 1990, the City will provide a vision care program, with no contri-
bution on the part of the employee other than the required deductibles, co-pay-
ments, or co-insurance, etc. which may be applicable under the program,
beginning January 1, 1991.
Section 23.2 LIABILITY INSURANCE. The Employer shall maintain police liabil-
ity insurance coverage for all employees for the duration of this Contract. The
Employer shall pay the annual 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.
Section 23.3 LIFE INSURANCE. The City shall provide fully paid life insurance
for each employee in the amount of Thirty Thousand Dollars ($30,000.00). Said
coverage level shall become effective as soon as the City's life insurance
carrier can make the required amendments to the group term life insurance
policy.
Section 23.4 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 Bargaining Unit prior to implementing the
change in order to negotiate the impact of any proposed change.
ARTICLE 24. SICK LEAVE
Section 24.1 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.
Section 24.2 USE OF SICK LEAVE. Sick leave with full normal pay shall be
grated 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.
- 26 -
.
E. Sick leave may be requested for other members of an employee's house-
hold, and may be approved by the City Manager of a case-by-case basis.
An employee contemplating absence on sick leave shall inform the Employer of the
fact, except in the case of provable inability to make a phone call, and pro-
vided further that such calls shall be made as soon as possible thereafter.
. Absence for a fraction of a day that is chargeable to sick leave in accordance
with these provisions shall be charged proportionately in one-hour increments,
if needed.
A doctor's certificate, or other proof of illness may be required for sick leave
use if, in the judgement of the Employer, there may be some questions as to the
1'#
legitimacy of the need for sick leave. Abuse of sick leave may be cause for
disciplinary action.
Section 24.3 PAYMENT FOR UNUSED SICK LEAVE.
A. After at least ten (10) full years (Le. 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 Fire-
man's Disability and Pension Fund", and actually retires from City
Service, shall be entitled to receive payment for accumulated unused
sick leave. The rate of pay for such accumulated sick leave shall be
at employee's straight time hourly rate of pay at separation multi-
plied 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 paragraph (B) of this section, and the
employee qualifies for his respective retirement/pension fund, his
spouse, or secondarily, his estate shall be paid the aforementioned
rate of redemption for accumulated unused sick leave.
B. If an employee is killed in the line of duty, his surviving spouse, or
secondarily, the estate, shall be paid for one hundred percent (100%)
of the value of the employee's accrued but unused sick leave, at the
straight time rate in effect at the time of death. The amount so paid
shall constitute payment in full for all accrued and unused sick leave
credited to the employee.
ARTICLE 25. INJURY LEAVE
Section 25.1 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.
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
- 27 -
.
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 policy which will provide for the
attempted placement of Divisional personnel who are unable to perform in their
normal capacity.
The limitations imposed on injury leave shall be considered as limitations on
leave granted as a result of each incident of a service-connected accident or
illness, rather than limitations on leave to be granted in anyone calendar year
or other unit of time.
ARTICLE 26. SPECIAL LEAVES
Section 26.1 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 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
- 28 -
MEMORANDUM
TO: Members of Dublin City Council and City Manager
FROM: David L. Harding, Director of Personnel and Purchasing
SUBJECT: Correction to Page 29 of F.O.P. Agreement
DATE: February 15, 1990
Attached please find a new, corrected page 29 of the Contract between the City
and the F.O.P. Page 29 in your copy contained a clerical error in that one line
of text was inadvertently omitted. Please insert the attached page 29 in your
copy and discard the previous page 29.
DLH:fmu
as part of that period.
B. 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.
. Section 26.2 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.
Section 26.3 BEREAVEMENT LEAVE.
A. In the event of death in the immediate family, an employee shall be
entitled to up to three (3) consecutive paid work- days for a funeral
service and/or burial, charged against the employee's existing sick
leave balance, and an additional two (2) days, also charged against
sick leave, for such services out of state, if needed for these
purposes. However, sick leave taken for bereavement purposes shall
not be considered for evaluation purposes.
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.
Section 26.4 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 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 27. TRAINING AND TUITION REIMBURSEMENT
Section 27.1 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. 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 comple-
tion of training. Reasonable effort shall be made to accommodate the training
to the employee's regular work schedule or, if not practicable, to change the
- 29 -
..
employee's work schedule on a temporary basis to accommodate the training. 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.
C. The Employer shall pay 22.5 cents per mile when an employee is not
provided with a City-owned vehicle. Where overnight lodging is
provided at the City's expense, an employee will only be reimbursed
for mileage to and from the training facility on one occasion each way
unless otherwise approved or directed by the Chief. All other travel
shall be considered to be non-work-related and non-reimbursable. Bus,
train, or airfare at tourist 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.
Checks may be issued in advance for paragraphs A. and D. of this section.
Section 27.2 TUITION REIMBURSEMENT.
A. Reimbursement Program. Effective January l, 1990, each employee shall
be eligible for a maximum of One Thousand Dollars ($l,OOO.OO) reimbur-
sement for calendar year 1990 for fees and required textbooks, and
courses of instruction voluntarily undertaken. Effective January 1,
1991, each employee shall be eligible for a maximum of One Thousand
Two Hundred and Fifty Dollars ($l,250.00) for calendar year 1991 and,
effective January 1, 1992, the maximum allowable reimbursement shall
be raised to One Thousand Five Hundred Dollars ($1,500.00) per
calendar year.
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 commence-
ment 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
- 30 -
. ,.
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 demonstra-
ting 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 by 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 28. DURATION
Section 28.1 DURATION. All of the provisions of this Contract shall become
effective January 1, 1990, unless otherwise specified. This Contract shall
continue in full force and effect until December 31, 1992.
Section 28.2 SIGNATURES. Signed and dated at Dublin, Ohio on or as of this
day of February, 1990.
CITY OF DUBLIN, OHIO, BY: EMPLOYEE BARGAINING UNIT
REPRESENTED BY THE FRATERNAL
ORDER OF POLICE, CAPITAL CITY
LODGE NO.9, BY:
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J ,
ADMINISTRATIVE REPORT: COMPARATIVE ANALYSIS OF THE 1988-1989 CONTRACT AND THE
1990-1992 CONTRACT BETWEEN THE CITY OF DUBLIN AND THE FRATERNAL ORDER OF
POLICE (F.O.P.) CAPITAL CITY LODGE NUMBER 9
TO: Members of Dublin City Council and the City Manager
FROM: David L. Harding, Director of Personnel & Purchasing ~
.
DATE: February 1, 1990
The purpose of this report is to briefly outline, highlight, and analyze the
contents of the 1990-1992 Contract relative to the 1988-1989 Agreement with
primary emphasis on the most important changes in wages, hours, terms, and
conditions of employment.
ARTICLE 1 - CONTRACT
The enclosed contract covers a three year period of time extending from January
1, 1990 through December 31, 1992 as compared to a two year term under the
1988-1989 Agreement. The F.O.P. originally proposed a new two year contract,
however, the City countered with a three year term which was acceptable to the
F.O.P. With the significant amount of staff time required to research, draft
proposal language, and conduct negotiations, a three year term was believed to
be more advantageous to the City. Article 1 contains no other major changes in
contract conditions when compared with the 1988-1989 Agreement. One minor
change worth mentioning is that in this Article as well as throughout the
Contract the term "Agreement" has been replaced by the term "Contract".
ARTICLE 2 - RECOGNITION
Section 2.2 of the Article recognizes the existence of two bargaining units, one
for sworn law enforcement officers below the rank of Sergeant and one for sworn
officers at the rank of Sergeant or above but excluding the rank of Lieutenant
and Chief. Under the 1988-l989 Agreement only one employee group or unit
existed which included both officers at the rank of Sergeant and below the rank
of Sergeant.
ARTICLE 3 - LODGE SECURITY
Article 3 represents some degree of change relative to the 1988-l989 Agreement.
A stronger hold harmless and indemnification clause was proposed by the City and
agreed to by the F.O.P. Lodge. Said clause protects the City from liability
should any deductions be found to have been taken unlawfully, illegally, or
improperly and further requires the F.O.P. Lodge to provide legal counsel in
defending any action claiming that a deduction has been unlawfully, illegally,
or improperly made. In addition, said clause further requires the F.O.P. Lodge
to reimburse the City for any payments made by the City as a result of any
finding by an administrative agency or court of law that it has unlawfully,
illegally, or improperly made deductions.
Under Section 3.2, a Fair Share Fee provision was proposed by the Lodge and was
agreed to by the City in return for Lodge agreement on the hold harmless and
indemnification language under the same Section.
The remainder of Article 3 contains no substantive changes from the previous
Agreement with the exception of Section 3.4 (Meeting Locations) and Section 3.7
(Lodge Business). Although the previous Agreement alluded to these two sub-
jects, the language was not as explicit or detailed. Under the previous Agree-
ment, members of the employee group were permitted to conduct and attend
meetings regarding Lodge business as long as said meetings did not disrupt the
normal operations of the Division. Under Section 3.4 of the new Contract,
members of the Lodge are permitted to hold meetings in City facilities provided
. that the Chief of Police is given at least 48 hours prior notice. In addition,
the City proposed language that the Chief of Police, his designee, or the
on-duty supervisor be provided with prior notice from an employee planning to
attend such a meeting before that employee may attend such a meeting. Under
Section 3.7 of the new Contract, the City also proposed language that when
possible, the Chief, his designee, or the shift supervisor approve the usage of
City equipment or property for Lodge business or other non-work related
activities.
ARTICLE 4 - NONDISCRIMINATION
This Article contains no substantive changes from the previous Agreement other
than the addition of Section 4.3 (Lodge Pledge).
ARTICLE 5 - MANAGEMENT RIGHTS
Article 5 is verbatim from the Collective Bargaining Law (Chapter 4117 of the
Ohio Revised Code). The provisions contained in this Article ensure that the
City has the exclusive right to manage the affairs and the operations of the
Division in an efficient and effective manner. Although the Lodge attempted to
restrict management's right to transfer employees (including the assignment and
allocation of work) and to determine work schedules, the City held firm in its
commitment to retaining the exclusive management rights reserved in the
Collection Bargaining Law.
ARTICLE 6 - LABOR/MANAGEMENT MEETINGS
The only substantive changes in this Article relative to the previous Agreement
are that the number of representatives from each party has been increased from 3
to 4 and there is no longer a requirement to meet on a quarterly basis.
ARTICLE 7 - BARGAINING UNIT BUSINESS
The only substantive change in this Article is that each bargaining unit is
authorized to select one employee designee and one alternate to conduct bargain-
ing unit business. Under the previous Agreement, there was only one employee
group which selected one employee designee and one alternate to conduct employee
business.
ARTICLE 8 - GRIEVANCE PROCEDURE
This Article contains no substantive changes from the previous Agreement with
the exception of Section 8.8 (Extension of Time Limits). Under the previous
Agreement, any grievance not answered by the City within the stipulated time
limits, could be advanced by the employee to the next step in the grievance
procedure. Under Section 8.8, the Lodge originally proposed language such that
if the City did not respond to a grievance within the required time frame, the
desired remedy was presumed granted. The City resisted such a provision and
eventually a compromise position was reached. Under the enclosed Section 8.8,
if no response is received from the City by a bargaining unit member within the
required time frame, the grievance will move to the next step. However, if this
is not satisfactory to the member and said member still desires a response from
that particular step of the procedure, the member can hand deliver a memorandum
. to both the Chief or his designee and the Personnel Director or his designee
requesting a response. If the applicable official again fails to respond within
seven days of the receipt of the memorandum, the desired remedy is presumed
granted by the City, unless the desired remedy would constitute a violation of
law.
ARTICLE 9 - INTERNAL REVIEW PROCEDURES
This Article contains an important substantive change which is referenced in
Section 9.1 (SCOPE) and chronicled within Article 9.2 (INFORMAL PROCESS FOR
NON-SERIOUS COMPLAINTS OR OFFENSES).
The previous Agreement made no distinction between minor/non-serious complaints
or offenses. Under the previous Agreement, any time an employee was suspected
of, or changed with, an act which could result in disciplinary action or crim-
inal charges filed against the employee, that employee had to be informed of the
nature of the investigation and had to be provided with written notice of the
specific factual allegations made against him, including a copy of any written
complaint against him, prior to any questioning.
In addition, all questioning sessions had to be scheduled so that the employee
had the opportunity to obtain representation from the Lodge.
The City felt that the process previously outlined was much too formal and
cumbersome for resolving minor/non-serious complaints or offenses and therefore
sought to streamline the process. Hence the City proposed the concept of an
informal resolution stage as described in Section 9.2.
Section 9.7 (CITIZEN COMPLAINTS) also contains a change compared to the previous
Agreement. Under the previous Agreement, in order for a citizen complaint to be
considered as possible grounds for disciplinary action, it had to be reduced to
writing, signed by the citizen, and filed within 90 calendar days of the date of
the alleged event giving rise to the complaint.
The Lodge originally proposed a 30 calendar day period of time in its initial
contract proposal. The City originally resisted this proposal and after several
meetings, a compromise was reached. Section 9.7 of the new Contract establishes
a 40 calendar day window of time. In reaching this compromise position, the
City had to consider the reality of the situations in other Central Ohio subur-
ban communities with respect to this issue. The vast majority of other Central
Ohio suburban police agencies have nothing close to a 90 calendar day window of
time. It is Staff's understanding that, in most cases, the time frame is
approximately 30-40 days. Hence the City felt it should seek to bring its
requirements in line with other area police agencies and felt that 40 calendar
days was a reasonable period of time.
Section 9.8 (INTERNAL INVESTIGATION) also contains substantive changes compared
to the previous Agreement. Under the previous Agreement, all complaints,
internal investigations, and Divisional charges were initially under the
province of the 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.
The City felt that is section needed to be modified for the following reasons.
. The immediate supervisor, in the context of the aforementioned language from the
previous Agreement, is usually a Sergeant who has formal supervisory authority.
However, under certain conditions, or on certain shifts, there is no Sergeant.
In those instances, the most senior patrol officer usually takes command as an
on-duty supervisor and is termed an Officer-in-Change (O.I.C.). In essence,
this results in a patrol officer assuming supervisor responsibilities over what
would normally be his peers. The City had a concern that given this situation,
the O.I.C. might be reluctant to recommend or impose moderate to severe disci-
plinary action against another officer at the same rank as himself. Therefore,
the City proposed the concept that is described in Section 9.7 of the new
Contract.
Other than the Sections previously noted, this Article contained no substantive
changes.
ARTICLE 10 - DISCIPLINE
This Article contains no major changes compared to the previous Agreement.
ARTICLE 11 - PERSONNEL FILES
Section 11.4 (REVIEW OF PERSONNEL FILES) contains a substantive change compared
to the previous Agreement.
The previous Agreement contained a provision that with the exception of salary
information, college degree, areas of special certification, awards and commen-
dations, all documents in an employee's official personnel file were confiden-
tial and could not be released in any manner to any person unless by court
order, subpoena, or written permission of the employee.
The City had a great deal of concern regarding the above language that was
present in the previous Agreement. In several court cases over the past two
years, the Ohio Supreme Court interpreted the Ohio Public Records Act in such a
manner that most records kept by public entities no longer enjoyed confidential
status. Personnel records were not included on the list of confidential docu-
ments. Therefore the City and the Lodge jointly composed the language that is
contained in Section ll.4 of the new Contract.
Other than the change noted in Section 11.4, this Article contains no substan-
tive changes.
ARTICLE 12 - WORK RULES
This Article contains no changes compared to the previous Agreement.
ARTICLE 13 - SENIORITY
This Article contains no major changes compared to the previous Agreement.
Although the Lodge attempted to use seniority as the absolute determinant in
determining shift assignments under Section 14.4, the City held firm in its
resolve that under no circumstances would seniority be the absolute determinant.
. The City however, did agree to change the posting period from 7 days to 15 days
to be consistent with the posting period under Section 14.3 (FILLING OF JOB
ASSIGNMENTS).
ARTICLE 15 - EMPLOYEE ASSISTANCE PROGRAM
Article 15 contains some substantive changes.
In the previous Agreement, the Employee Assistance Program (EAP) was limited to
alcoholism or drug abuse problems. In Article 15 of the new Contract, the City
agreed to expand the EAP to situations involving illnesses of defined immediate
family members that are life-threatening or require hospitalization for an
extended period of time.
ARTICLE 16 - MISCELLANEOUS
Article 16 contains no major changes.
ARTICLE 17 - RATES OF PAY WAGES
The rates of pay outlined in Section 17.1 are reflective of a 6.0% increase in
1990, a 6.0% increase in 1991, and a 6.5% increase in 1992.
The 6.0% rate increase for 1990 will keep the City of Dublin in a competitive
posture relative to the surrounding Central Ohio municipal government entities.
In a comprehensive wage survey of 10 other Central Ohio municipal government
entities, the 6.0% increase in 1990 places the City of Dublin above 6 and below
4 of these cities at the minimum the wage structure and above 7 and below 3 of
these cities at the maximum of the wage structure. This places the City of
Dublin in a competitive posture that is consistent with what has been the City's
objective since 1987. Staff believes that the 6.0% increase in 1991 and the
6.5% increase in 1992 will preserve the City's desired competitive posture
relative to the marketplace and the City's philosophical objectives regarding
compensation.
It should also be noted that final agreement on the aforementioned rates, on the
part of the City, was contingent upon the F.O.P. 's elimination of a combination
of several economic and non-economic proposals, some of which included paid
legal services, a more liberal sick leave conversion option upon separation,
and a past practices clause which could have created a significant impact on the
City.
The Longevity Pay Rates outlined in Section 17.5 are reflective of a $50.00
increase at each incremental step in 1990, a $25.00 increase at each incremental
step in 1991, and a $25 increase at each incremental step in 1992. Staff
believes that these Longevity Pay Rates are competitive with the 10 other Cities
in the survey.
Aside from the rate increases in Section l7.5, there is also a procedural change
compared to the previous Agreement. Under the previous Agreement, longevity pay
was paid in one lump sum on December l5 of each year. The F.O.P. proposed the
concept described in Section 17.5 of the new contract, giving the employees the
choice of whether to receive their longevity pay on their anniversary date of
appointment or on December 15. The City agreed to this change in procedure
contingent upon the F.O.P. 's agreement with the longevity pay rates proposed by
the City in Section 17.5 and the language proposed in Section 23.1 (Health &
.
Dental Insurance) which included imposing a limitation on inpatient psychiatric
care.
ARTICLE 18 - RATES FOR EMPLOYEES FOLLOWING CERTAIN PERSONNEL ACTIONS
Section l8.1 (Temporary Work Assignment) reflects a change. In the previous
Agreement, if an employee performed the duties of a higher rank for more than 8
hours within a workweek, that employee was paid the wage rate for the higher
rank for all hours during which the employee performed said duties. Section
18.1 of the new Contract authorizes pay at the higher rank on an hour-for-hour
basis when an employee performs the duties of said higher rank.
In agreeing to this change the City felt that, if an employee is required to
make decisions and use judgement required of a higher rank, for which that
employee could conceivably be disciplined later, it is, therefore, only fair and
equitable that the employee should also be paid on an hour-for-hour basis for
assuming that increased level of responsibility. It should also be noted that
agreement with this provision, on the part of the City, was contingent upon the
elimination of an economic proposal by the F.O.P. which provided three hours of
compensation at time-and-one-half for every 40 hours that Officer helped train a
newly hired officer. In addition, under this proposal, the officer would have
also received l6 hours of vacation leave for each training period.
Other than the change noted in Section 18.l, this Article contains no major
changes.
ARTICLE 19 - HOURS OF WORK AND OVERTIME
This Article contains two Sections which reflect substantive changes.
In Section 19.3 (Call In-Pay/Court Pay), the minimum was raised from two hours
to three hours when an employee is called back for work on hours not abutting
the employee's regular shift.
It should be noted that agreement with this provision, on the part of the City,
was contingent upon F.O.P. acceptance of some language contained in Section 19.6
(USE OF COMPENSATORY TIME) which the City was seeking to maintain from the
previous Agreement.
Section 19.7 contains substantive changes compared to the previous Agreement.
Paragraphs 2 and 3 under Section 19.7 did not exist under the previous Agree-
ment. The bargaining unit membership raised concerns regarding how Special Duty
assignments were being scheduled and the rates that private and public entities
were paying for special duty assignments. In an effort to maintain control of
the assignments impacting normal operations of the Division of Police, yet allow
input from the bargaining unit membership regarding rates, assignments,
procedures, and guidelines, the City agreed to the concept and provisions in
paragraphs 2 and 3 of Section 19.7.
ARTICLE 20 - UNIFORMS, EQUIPMENT, AND ALLOWANCES
This Article contains three sections which reflect substantive changes.
. Section 20.1 contains one change which involves the addition of a baton. It was
felt by the City that a baton should be provided in order to provide officers
with a piece of equipment which could be used to protect themselves as well as
others, given certain circumstances.
Section 20.3 contains a change which involves the provision of a maximum dollar
amount for clothing when a uniformed officer is assigned to detective duty. The
previous Agreement identified a list of standard items of clothing to be pro-
vided by the City with no maximum dollar amount. It is the City's belief that
by establishing a $1,000 amount for clothing, it creates a cap on expenses for
clothing items plus provides the officer with some flexibility.
Section 20.7 (DRY CLEANING) contains a change that should be noted. The number
of items cleaned per week has been increased from 9to 10, however, the cleaning
of the winter coat and hat has been reduced from 2 times per year each to one
time per year each. It should also be noted that agreement with the increase to
10 items, on the part of the City, was contingent upon F.O.P. acceptance of
language in paragraph 2 of Section 20.8 which the City was seeking to maintain
from the previous Agreement.
The remaining Sections under Article 20 contain no major changes.
ARTICLE 21 - VACATION LEAVE
Section 21.3 (Accrual Schedule for Vacations) represents a change compared to
the previous Agreement.
The following is the vacation accrual schedule from the previous Agreement:
Completed Years of Paid Vacation Days
Service with the City (Hours) Per Year
0-1 10 days ( 80 hours)
2 - 7 13 days (104 hours)
8 -10 l5 days (120 hours)
11 -l5 17 days (136 hours)
16 or more 20 days (160 hours)
The following is the vacation accrual schedule from the new Contract:
Completed Years of Paid Vacation Days
Service with the City (Hours) Per Year
o - 1 10 days ( 80 hours)
2 - 4 13 days (104 hours)
5 -10 l5 days (120 hours)
II -15 18 days (136 hours)
16 -20 20 days (160 hours)
21 or more 24 days (192 hours)
In their initial proposal, the F.O.P. proposed a more liberal vacation accrual
schedule than what the City was comfortable with. The City's initial counter
proposal reflected no change in vacation from the previous Agreement. Over the
course of several meetings a compromise position was reached. The City surveyed
the same 10 Central Ohio municipal government entities as it did for wages and
determined that the vacation accrual scheduled in the previous Agreement was not
very competitive with these cities. The Dublin schedule was one of the lower
. schedules when compared with the survey data. Therefore, the City proposed the
schedule as authorized in Section 21.3 of the new Contract. It should be noted
that although the schedule is more competitive than it was, Staff believes it is
only moderately competitive.
Other than the changes noted in Section 2l.3, this Article contained no major
changes.
ARTICLE 22 - HOLIDAYS
The only section of this Article that contains substantive changes is Section
22.5 (Personal Days). Under the previous Agreement, each employee received
three days of paid personal leave. Under the new Contract, the City agreed to
provide four days of personal leave.
It should be noted that agreement to this provision, on the part of the City,
was contingent upon F.O.P. acceptance of the language proposed by the City in
Section 23.1 (Health Care and Dental Insurance). Under Section 23.1, the City
proposed a $50,000 lifetime maximum on inpatient psychiatric care and the
implementation of a Peer Utilization Review process designed to control health
care costs. (For more detail on this matter, refer to the analysis of Section
23.l immediately following.)
It should also be noted that adding another personal day puts the City of Dublin
in a competitive posture relative to the other 10 cities included in the wage
and benefits survey. In fact, when combining the number of Holidays and the
number of Personal Days offered in each of the other cities and comparing that
total to the combined total within the City of Dublin, Dublin is above 6 of the
other cities, below one, and even with three of the other cities.
ARTICLE 23 - INSURANCE
There are two sections of this Article which reflect substantive changes when
compared to the previous Agreement.
As noted in the comments under Article 22 above, the City proposed changes in
the area of health insurance. Under the previous Agreement, the City health
insurance program contained no limitation for inpatient psychiatric care and
also contained no cost containment features to help keep the cost of health care
in check. With the City's implementation of a new self-funded health and dental
program, Staff became very concerned about the unlimited coverage on inpatient
psychiatric care and the potential devastating impact this could have on the
new self-funded health program. Staff was also very concerned about the lack of
cost containment features in the program and the potential impact that could
have on effectively managing the costs under the program. In fact, both the
consultant who worked with the City on the design of the new self-funded
program, and the Third Party Administrator selected to implement and
.
administrator the new program, advised staff that implementing a Peer
Utilization Review process and implementing a limitation on the inpatient
psychiatric care were vital to the long-term success of the new self-funded
program. Hence, Staff sought to achieve these objectives through the collective
bargaining process F.O.P. Acceptance of the language under Section 23.1 of the
new Contract was contingent upon the City's agreement to provide a fourth
personal day, to increase the group term life insurance coverage from $25,000 to
. $30,000, and to provide a vision care program beginning January 1, 1991 if the
new self-funded medical and dental program nets a savings of at least $30,000
during calendar year 1990.
The other Section of this Article containing substantive changes is Section 23.3
(Lif e Insurance) which involves increasing the group term life insurance cover-
age from $25,000 to $30,000, as outlined previously.
ARTICLE 24 - SICK LEAVE
This Article contains no substantive changes compared to the previous Agreement.
ARTICLE 25 - INJURY LEAVE
This Article contains no substantive changes compared to the previous Agreement.
ARTICLE 26 - SPECIAL LEAVES
This Article contains one section which reflects substantive changes. In
Section 26.3 (Bereavement Leave), the City was successful in achieving a conces-
sion on the part of the F.O.P. Under the previous Agreement, in the event of a
death in the immediate family, an employee was entitled to up to three consecu-
tive paid work-days for a funeral service and/or a burial, which was not charged
against the employee's sick leave balance, and an additional two days for
services out of state, which was charged to the employee's sick leave balance.
Under Section 26.2 of the new Contract, all days are charged against the
employee's sick leave balance.
ARTICLE 27 - TRAINING AND TUITION REIMBURSEMENT
This Article contains one section which reflects a substantive change from the
previous Agreement. Under Section 27.2 (Tuition Reimbursement) the amount of
reimbursement will be raised in 1990, 1991, and 1992. Under the previous
Agreement, the maximum allowable reimbursement was $750.00 per calendar year.
Under Section 27.2 of the new Contract, the maximum allowable reimbursement in
1990 has been increased to $1,000, the maximum allowable reimbursement for 1991
will be increased to $1,250, and the maximum allowable reimbursement for 1992
will be increased to $l,500.
Staff believes this is a relatively low impact item from a financial standpoint.
Over the past two years under the previous Agreement, only three officers used
this benefit.
ARTICLE 28 - DURATION
As described in the comments under Article 1 of this report, the term of this
Contract is three years. This Contract becomes effective January l, 1990 and
shall continue in force until December 31, 1992.
DLH/mc
MEMORANDUM
TO: Members of Dublin City Council
FROM: Timothy C. Hansley, City Manager
SUBJECT: Contract between the City of Dublin and the F.O.P.
Capital City Lodge Number 9
DATE: February 1, 1990
BY: David L. Harding, Director of Personnel & Purchasing ~
Attached for your consideration please find Ordinance No. 11-90
ratifying a proposed contract between the City of Dublin and the
Capital City Lodge Number 9 regarding wages, hours, terms, and condi-
tions of employment. Also attached for your consideration please find
the proposed contract itself and an administrative report highlighting
and analyzing the contents of the Contract.
The attached Contract represents the culmination of the collective
bargaining process which began in October 1989 and which consumed many
hours of drafting, researching, analyzing, and negotiating. The
negotiation process that took place between representatives of the
City and the F.O.P. was conducted in a professional, business-like
manner and both parties worked very hard to bring forth what I believe
is a fair Contract to both parties.
As you know, this was only the second formal, comprehensive labor
contract ever negotiated by the City and hence, Staff enlisted the
expertise of Mr. Robert Weisman from the law firm of Schottenstein,
Zox, and Dunn to guide staff through the collective bargaining pro-
cess. Mr. Weisman's expertise was invaluable in assisting Staff with
this project. Mr. Weisman's specialty is labor law and before joining
Schottenstein, Zox, & Dunn, he spent several years working with the
National Labor Relations Board.
Should you have questions regarding the attached Contract, or should
you desire to meet with myself, Mr. Harding, and Mr. Weisman in an
Executive Session prior to the Council Meeting, please contact myself
or Mr. Harding at your earliest convenience.
DLH/mc
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