35-97 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.35A7----- ----- -- Passed _______19______
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH THE FRATERNAL ORDER
OF POLICE, OHIO LABOR COUNCIL REGARDING WAGES,
HOURS, TERMS AND CONDITIONS OF EMPLOYMENT AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin and the Fraternal Order of Police, Ohio Labor Council have
reached agreement regarding wages, hours, terms and conditions of employment for the
Communications Technician Bargaining Unit; and
WHEREAS, adequate funding exists within the 1997 Budget to cover the economic
provisions contained within the attached Contract;
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, Ohio Labor Council 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 necessary for
the preservation of the public peace, safety, and welfare in that the two parties have been
abiding by an extension to the previous Contract since its expiration on November 30, 1996
and it is in the best interest of the City, the F.O.P., O.L.C., and the Citizens of Dublin to bring
closure to the collective bargaining process as soon as possible.
Passed this / SIN day of , 1997.
-Presiding Officer
! hereby certify that copies of th'ss Ord=nonce/en-were p~ste~l in }~
City of Oubl+n in occordance wain Section 731.25 of the Ohio Reviseu Coda,
ATTEST:
~Fsf C!e of ~~nc?~, D iirt, Ohio
GZv~~ ~ C~,~~.
Clerk of Council
t: \per\kst\offi ce\wp61 \ords\35-97
N T E R
MEMO
O F F I C E
To: Members of Dublin City Council
From: Timothy C. Hansley, City Manager
Subject: Collective Bargaining Agreement Between the City o Dublin and
the Fraternal Order of Police, Ohio Labor Council (Ordinance No. 35-97)
Date: February 13, 1996
By: David L. Harding, Director of Human Resources/Procurement
Attached for your consideration is Ordinance No. 35-97 ratifying a new Collective Bargaining
Agreement between the City of Dublin and the Fraternal Order of Police, Ohio Labor Council
(F.O.P./O.L.C.) regarding wages, hours, terms, and conditions of employment for the
Communications Technician bargaining unit. Also attached for your reference is a copy of the
Contract document upon which tentative agreement has been reached by both parties and a
"highlights" page summarizing the noteworthy economic changes compared to the Contract which
expired on November 30, 1996.
The attached Contract is the end result of a bargaining process which began in October 1996 and
which consumed many hours of work on the part of both parties. Although the negotiation process
was not easy to complete and honest disagreements arose from time to time, the process was
conducted in professional, business-like manner. As you are all aware, "negotiation" involves
"compromise"; neither party achieves all of their objectives. A successful process, however, does
involve the willingness to jointly search for reasonable alternatives. In retrospect, both parties
worked very hard to bring forth what we believe is a fair Contract.
~° -° The term of the attached Contract is three (3) years effective upon date of execution through
December 31, 1999, unless otherwise provided in the Contract. With the exception of Wages
(Section 22.1), which are effective December 1, 1996, all provisions of this successor Contract will
~"~~ be effective upon execution of the Contract.
Adequate funding exists within the 1997 Budget to cover the economic provisions contained within
the attached Contract and, therefore, no further appropriations legislation will be required.
(Projections were made in the 1997 Budget regarding the anticipated expenditures associated with
the economic provisions likely to be contained within this successor Contract and Staff is confident
that such expenditures will not exceed the appropriated funds.)
Staff would recommend that Council adopt Ordinance No. 35-97 as an emergency measure at the
first reading on February 19, 1997 and has consequently drafted the attached Ordinance as
emergency legislation. Given that City and the F.O.P./O.L.C. have been abiding by an extension
to the previous Contract since its expiration on November 30, 1996, Staff believes it would be in the
best interest of the City, the F.O.P./ O.L.C., and the citizens of Dublin (from a public peace, safety,
and welfare standpoint) to bring closure to the collective bargaining process as soon as possible.
Staff, therefore, believes the passage of Ordinance 35-97 as emergency legislation would be justified.
TCH/DLH/kst
Attachment
~.~..n:~.~.,,..~ i ~,~enxa
2-13-97
CITY OF DUBLIN/FRATERNAL ORDER
OF POLICE, OHIO LABOR COUNCIL
LABOR CONTRACT
(Communications Technician Bargaining Unit)
SUMMARY HIGHLIGHTS -NOTEWORTHY
ECONOMIC CHANGES
WAGES (Article 22)
- The base wage rates shown in Section 22.1 represent a 4% increase in the first year of
the Contract, 4% in the second, and 4% in the third.
- The Longevity Pay schedule shown in Section 22.5 reflects a $50.00 annual increase
(from $625.00 to $675.00) at the 7-10 years of service level; a $50.00 annual increase
(from $725.00 to $775.00) at the 11-14 years of service level; a $50.00 annual increase
(from $825.00 to $875.00) at the 15-19 years of service level; and a $25.00 annual
increase (from $925.00 to $950.00) the 20 or more years of service level. It should be
noted that there is no increase at the 4-6 years of service level, which remains at $525.00.
(These changes place the Communications Technician bargaining unit at parity with all
other union and non-union personnel of the City.)
- The Shift Differential provision (Section 22.6) is a new provision of the Contract and
establishes an hourly rate of $.30 to be added to the base hourly rate of pay for each hour
worked between the hours of 5:00 p.m. and 6:45 a.m. and for employees regularly
assigned to second or third shift. (11 of 14 Cities surveyed within the Central Ohio area
provide shift differential to their Communications Technicians; Dublin was one of only
3 Cities not providing shift differential.) (The top shift differential rate in our survey was
$.75/hour and the lowest was $.20/hour.)
UNIFO MS/DRY NING (ARTICLE 25)
- The Initial Issue of uniform items shown in Section 25.1 reflects an increase in one
short-sleeve shirt and one long-sleeve shirt (from 5 to 6 each), and one pair of pants
(from 5 to 6). (This change places the Communications Technician bargaining unit at
parity with the Police Officer & Sergeant bargaining units.)
Page 2
VACATION (ARTICLE 26)
- The Vacation Leave accrual schedule shown in Section 26.3 reflects an increase of 8
hours annually (from 160 to 168) at the 11-15 years of service level; an increase of 8
hours (from 178 to 186) at the 16-20 years of service level; and an increase of 8 hours
(from 208 to 216) at the 21 or more years of service level. It should be noted that there
are no increases at the 0-1, 2-4, and 5-10 years of service levels (they remain at 40, 108,
and 140 hours respectively). (These changes place the Communications Technician
bargaining unit at parity with all other union and non-union personnel of the City.)
INSUILANCE (ARTICLE 29)
The Medical Insurance general co-insurance provision in Section 29.1 has been
increased from 80/20 to 90/10. (City share increased from 80% to 90%; employee's
share is decreased from 20% to 10%.) (This change places the Communications
Technician bargaining unit at parity with all other union and non-union personnel of the
City.)
- The Life Insurance coverage shown in Section 29.4 represents a $10,000 increase in
coverage (from $30,000 to $40,000). (This change places the Communications
Technician bargaining unit at parity with all other union and non-union personnel of the
City.)
SI K .SAVE (ARTICLE 30)
- The maximum number of hours an employee can convert to cash upon layoff or
..,
retirement under Section 30.3 has been increased by 60 hours (from 480 to 540). (This
change places the Communications Technician bargaining unit at parity with all other
union and non-union personnel of the City.)
TUITION IZ_FIMBi~ 4 ~.MENT (ARTICLE 33)
- The maximum annual Tuition Reimbursement amount shown in Section 33.2
represents a $400.00 increase (from $2,100.00 to $2,500.00). (This change places the
Communications Technician bargaining unit at parity with all other union and non union
personnel of the City.)
t:\perUcst\office\wp61 \fop-olc\001
CONTRACT BETWEEN
THE CITY OF DUBLIN
AND
THE FRATERNAL ORDER OF POLICE, OHIO LABOR COUNCIL
CONTRACT PERIOD:
EXECUTION OF CONTRACT THROUGH DECEMBER 31,1999
ARTICLE 1 -CONTRACT
1.1 Contract
1.2 Purpose
1.3 References
1.4 Applicability
AR I E 2 -RECOGNITION
2.1 Recognition
2.2 Bargaining Unit
ART ICLE 3 -UNION SEC'-iT_~T_Y_
3.1 Dues Deduction
3.2 Fair Share Fee
3.3 Bulletin Boards
3.4 Meeting Locations
3.5 Ballot Boxes
3.6 Use of Intra-Deparhnent Mail
3.7 F.O.P./O.L.C. Business
~,.w,
~~ 4.1 Joint Pledge
4.2 Employer Pledge
4.3 F.O.P./O.L.C. Pledge
4.4 Gender Reference
ARTI('~ ANAGEMF.NT RIGHTS
5.1 Management Rights
etz~rTr7 ~ ~ LABO~t/MANA(:FMFNT MF.F,TiNGS
6.1 Meetings
PAGE
1
1
1
1
1
2
2
3
3
3
4
4
4
4
5
5
5
5
6
i
7.1 Employee Designee 6
7.2 Negotiating Committee 6
8.1 Definition 7
8.2 Jurisdiction 7
8.3 Qualification 7
8.4 Grievance Form 8
8.5 Grievance Procedure 8
8.6 Right to Representation 10
8.7 Working Days 10.
8.8 Extension of Time Limits 10
9.1 Scope 10
9.2 Informal Process for Non-Serious Complaints or Offenses 10
9.3 Notification 11
9.4 Right to Representation 11
9.5 Conduct of Questioning 11
9.6 Access to Tapes and Documents 12
9.7 Citizen Complaint 12
9.8 Initial Investigation 12
10.1 Discipline for Cause 13
10.2 Progressive Discipline 13
10.3 Disciplinary Action 14
10.4 Pre-Disciplinary Conference 14
10.5 Copy of Disciplinary Record 15
10.6 Appeal 15
ARTI(_'I F 11 - PFR_SONNEL F('O DS
11.1 Personnel File 15
11.2 Retention of Records 16
11.3 Inaccurate Documents 16
ii
AR I 12 -WORK RULES PAGE
12.1 Work Rules 16
ARTI ~ 13 -POLITICAL ACTIVITY
~°-~~~ 13.1 Political Activity 17
~,, ..
14.1 Seniority 17
14.2 Application of Seniority 18
14.3 Filling of Shift Assignments 18
14.4 No Posting Response 18
AR I ~ 15 FMPLOYEE AS4i4T N .PRO . AM
15.1 Employee Assistance 18
15.2 Coverage Terms and Conditions 19
15.3 Other Terms and Conditions 19
ARTI
16.1 16 -DRUG FREE WORKPLACE
Purpose
20
16.2 Policy 21
16.3 Drug-Free Awareness & Employee Assistance 22
16.4 Criminal Convictions & Notification Requirement 22
16.5 Employee Acknowledgment 23
ARTI 17 -CONSUMPTION OF LA~COH~
17.1 Purpose 23
17.2 Policy 23
17.3 Alcohol Awareness & Employee Assistance 24 "
iii
18.1 Purpose of Testing 24
18.2 Terms and Conditions of Testing 25
18.3 Drug and Alcohol Testing Procedures 25
18.4 Referral to Employee Assistance Program 26
ARTI 19 LTSE OF PRFCf'RTPTT(1N ~~OVER THE-~ni1NTFR" MFDICATIOSI
19.1 Purpose 26
19.2 General Terms & Conditions 26
19.3 Testing Procedures for Prescription or "Over-the-Counter"
Medication 27
20.1 Layoffs 29
20.2 Call-Back 29
21.1 Safe Equipment 29
21.2 Contract Copies 29
21.3 Mail 30
21.4 Reimbursement for Expenses and Travel 30
22.1 Wages 30
22.2 Appointment and Advance Step Hiring 31
22.3 Step Advancement 31
22.4 Application of Pay Rates 31
22.5 Longevity Pay 31
22.6 Shift Differential 32
iv
23.1 Workweek 32
23.2 Overtime 32
23.3 Overtime Rotation 33
23.4 Call In Pay/Court Pay 34
23.5 Compensatory Time 34
23.6 Payment for Accrued Compensatory Time Upon
Separation 34
23.7 Use of Compensatory Time 34
24.1 Return to Duty 35
24.2 Return from Military Service 35
24.3 Reinstatement from Authorized Leave 35
25.1 Initial Issue 35
25.2 Change in Issuance 36
25.3 Uniform and Equipment Replacement 36
25.4 Dry Cleaning/Laundering 36
25.5 Damaged, Destroyed, Lost Personal Property 36
26.1 Vacation Year 37
26.2 Conditions for Accrual 37
26.3 Vacation Accrual Schedule 38
26.4 Vacation Carry-Over 38
26.5 Vacation Scheduling 38
26.6 Rates of Pay for Vacation Hours 38
26.7 Payment for Accrued Vacation Leave Upon Resignation/
Separation and Death 39
v
ARTICLE 27 -HOLIDAYS
27.1 Paid Holiday EASE
39
27.2 Special Holidays - 39
27.3 Holiday Work 39
27.4 Holiday Pay 40
ARTI 28 -PERSONAL LEAVE
28.1 Allocation & Usage of Leave 40
28.2 Payment for Unused Personal Leave Upon Resignation/
Separation or Death 41
ARTI .E 29 -INSURANCE
29.1 Medical, Dental, & Vision Benefits 41
29.2 Liability Insurance 41
29.3 Change in Carvers 41
29.4 Life Insurance 41
ARTICLE 30 -SICK LEAVE
30.1 Sick Leave Accrual 42
30.2 Use of Sick Leave 42
30.3 Payment for Unused Sick Leave 43
30.4 Sick Leave Transfer from Prior Public Employer 44
ARTI 'I1 -INJURY LEAS
31.1 Injury Leave with Pay 44
ART CLE 32 -SPECIAL LEAVF.~
32.1 Leave Without Pay 45
32.2 Leave with Pay 46
vi
33.1 Training 47
33.2 Tuition Reimbursement 48
34.1 Employee Incentive Programs 49
34.2 Employee Discounts 50
35.1 Compensation 50
36.1 Duration 50
36.2 Signatures 50
vii
ARTICLE I
CONTRACT
Section 1 1 ontract. This Contract is made and entered into at Dublin, Ohio by and between
the City of Dublin, as Employer, also referred to as "Employer" or "Division", and the Fraternal
Order of Police, Ohio Labor Council, Inc., hereinafter referred to as the "F.O.P./O.L.C.".
Section 1.2 Pur~. This Contract is made for the purpose of setting forth the understandings
and agreements between the parties governing the wages, hours, terms and conditions of
employment for those employees included in the bargaining unit identified herein.
Section 1 3 References. Should any part of this Contract be held invalid by operation of law or
by final order issued by any tribunal of competent jurisdiction, or should compliance with or
enforcement of any part of this Contract be restrained by any such tribunal pending a final
determination as to its validity, such invalidation or temporary restraint shall not invalidate or
affect the remaining portions hereof or the application of such portions to persons or
circumstances other than those to whom or to which invalidation of any portion of this Contract
by final order issued by a tribunal of competent jurisdiction or by operation of law, and upon
written request by either party, the parties to this Contract shall meet within thirty (30) days of
receipt of the written request, in an attempt to modify the invalidated provisions by good faith
negotiations.
The Employer, the F.O.P./O.L.C. and employees agree that none of their representatives shall
make or ask an employee to make any written or verbal agreement which would conflict with
this Contract.
Unless otherwise specified in this Contract, no changes in this Contract shall be negotiated
~.,., during its duration unless there is written accord to do so by and between the parties. Any
negotiated changes, to be effective and incorporated in this Contract, must be in writing and
signed by the parties.
Section 1.4 Annlicability This Contract, when executed, shall supersede and replace all
applicable state and local laws which it has authority to supersede and replace. Where this
Contract is silent, the provisions of applicable law shall prevail.
ARTICLE 2
RECOGNITION
Section 2.1 Reco inn tion• The Employer recognizes the F.O.P./ O.L.C. as the sole and exclusive
representative for all employees included in the bargaining unit described herein in any and all
matters relating to wages, hours, terms and conditions of employment, and the continuation,
1
modification, or deletion of an existing provision of this Contract and for the administration of
this Contract.
Section 2.2 Barg~inin_ Unit. -There shall exist in the City of Dublin a bargaining unit
consisting of:
All full-time Communications Technicians who are employed by the Employer, excluding Chief
Communications Technicians.
References throughout this Contract to bargaining unit members shall mean employees within
the bargaining unit.
ARTICLE 3
UNION SECURITY
Section 3.1 pnPC DedLCtion. The Employer agrees to deduct F.O.P./ O.L.C. membership dues
in the amount certified by the F.O.P./O.L.C. to the Employer, the first pay period of each month
from the pay of any F.O.P./O.L.C. member requesting the same in writing. The Employer also
agrees to deduct F.O.P./O.L.C. initiation fees and assessments, in the amount certified by the
F.O.P./O.L.C. to the Employer, the first pay period of each month, in which such fees and
assessments are due, from the pay of any appropriate F.O.P./ O.L.C. member.
If a deduction is desired, the F.O.P./O.L.C. member shall sign a payroll deduction form. Once
each calendar month, a warrant in the aggregate amount of the deductions made for that calendar
month, together with a listing of the F.O.P./O.L.C. members for whom deductions were made,
shall be furnished to the Assistant Director of the F.O.P./O.L.C. Nothing herein shall prohibit
F.O.P./O.L.C. members covered by this Contract from submitting dues directly to the
F.O.P./O.L.C.
The Employer shall provide the F.O.P./O.L.C. with additional payroll deductions for the purpose
of the F.O.P./O.L.C. providing additional non-employer-provided employee benefits, providing
the Employer's payroll accounting system possesses sufficient capacity and capability for
additional deductions, the City determines that such deduction is for a legitimate program, the
provisions under such a program are not substantially similar to programs already offered
through payroll deduction, and further, that at least 60% of the bargaining members declare
interest (in writing) in enrolling in such aprogram. -
No other employee organization's dues shall be deducted from any employee's pay for the
duration of this Contract.
The F.O.P./O.L.C. agrees to hold the Employer harmless should any deductions be found to have
been unlawfully, illegally or improperly taken. Further, the F.O.P./O.L.C. agrees to indemnify
2
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-uniawfully; illegally or improperlymade deductions. -
Section 3.2 Fair Share Fee. Bargaining unit employees who are not members of the
F.O.P./O.L.C. shall, as a condition of employment, pay to the F.O.P./O.L.C. a fair share fee. The
*~ amount of the fair share fee shall be determined by the F.O.P./O.L.C., but shall not exceed dues
paid by members of the F.O.P./O.L.C. who are in the bargaining unit. Such fair share fee shall
be certified by the F.O.P./O.L.C. to the Employer at such time during the term of this Contract as
"'""" necessary to be accurate. Such payment shall be subject to an internal F.O.P./O.L.C. rebate
procedure meeting all requirements of state and federal law.
For the duration of the Contract, such fair share fee shall be automatically deducted by the
Employer from the payroll check of each bargaining unit employee who is not a member of the
F.O.P./ O.L.C.. The automatic deduction shall be made in the first pay period of each month.
The Employer agrees to furnish the Assistant Director of the F.O.P./O.L.C. 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 F.O.P./O.L.C. has completed his or her first sixty (60) days of
employment.
The F.O.P./O.L.C. agrees to hold the Employer harmless should any deductions be found to have
been unlawfully, illegally or improperly taken. Further, the F.O.P./O.L.C. 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 findings by an administrative agency or court of law that
it has unlawfully, illegally or improperly made deductions.
.. Section ~ 3 BLlletin Boards. The City agrees to provide bulletin board space at Division
headquarters. F.O.P./O.L.C. bulletins and F.O.P./O.L.C. material will be permitted to be posted
on this bulletin board space. Non-bargaining unit members shall not be permitted to remove, add
to or alter the material posted on this designated space unless said material contains obscene,
racially or sexually offensive information.
Section 3.4 M~e~ing-j-ocations. The F.O.P./O.L.C. shall be permitted, upon prior notification
to the Chief of Police, to hold meetings, for the F.O.P./O.L.C. members in the bargaining unit 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 F.O.P./O.L.C. on the date
3
r
and at the time specified in the F.O.P./O.L.C.'s notification to the Chief. However, if it is not
practicable for the Employer to provide the requested location to the F.O.P./O.L.C., the
Employer will so notify the F.O.P./O.L.C. and make every effort to provide for an alternate
meeting location in-another City-building, room or facility..-No employee shall attend the above-
referenced meetings while on duty without receiving prior approval from the Chief of Police or
his designee. Such approval shall not be unreasonably withheld.
No bargaining unit employee or member of the F.O.P./O.L.C. shall be obligated or asked to
divulge to the Employer information discussed at said meetings.
Section 3.5 Ballot Boxes. The F.O.P./O.L.C. shall be permitted, upon prior notification to the
Chief of Police, to place a ballot box at Division headquarters for the purpose of collecting
member's ballots on all F.O.P./O.L.C. issues subject to ballot. Such box shall be the property of
the F.O.P./O.L.C. and neither the ballot box nor its contents shall be subject to the Division's
review.
Section 3.6 T1ce of Intra-Department Mail. The F.O.P./O.L.C. shall be permitted to utilize the
intra-departmental mail system for the purpose of providing information pertaining to
F.O.P./O.L.C. business or bargaining unit representation, to bargaining unit employees. The
F.O.P./O.L.C. agrees that the use of the mail system will be reasonable and limited to providing
information that is necessary for the normal conduct of F.O.P./O.L.C. business or bargaining unit
representation. All mail placed into the mail system by the F.O.P./O.L.C. shall be the property of
the bargaining unit employees to whom it is addressed, shall be clearly labeled as F.O.P./O.L.C.
mail, and such mail shall not be subject to the Employer's review.
Section 3.7 FOP /O~ C ~usinesc Representatives of the F.O.P./O.L.C. shall be permitted to
transact official F.O.P./O.L.C. business at Divisional work sites at all reasonable times, provided
that this shall not interfere with or interrupt normal Division operations. When possible, a
F.O.P./O.L.C. representative will give advance notice and obtain approval from the Chief or his
designee if the F.O.P./O.L.C. intends to use the Employer's equipment or property for
F.O.P./O.L.C. business or other non-work related activities. In the Chiefs or designee's absence,
notice shall be given to and approval obtained from the shift supervisor at the time. Permission
of the Chief or his designee to use the equipment or property will not be withheld without a valid
reason.
ARTICLE 4
NONDISCRIMINATION
Section 4.1 .Toint Pledge. The provisions of this Contract shall be applied equally to all
employees without regard to age, sex, race, color, religion, political affiliation, disability or
national origin.
4
Section 4.2 Employer Pled The Employer agrees to not interfere with the right of the
employees to become members of the F.O.P./ O.L.C. There shall be no disparate treatment,
interference, restraint or coercion by the Employer or any representative of the Employer against
any employee because of F.O.P:/O:L.C. membership or because of any lawful employee activity
in an official capacity on behalf of the F.O.P./O.L.C.
Section 4.3 FOP /O L. C Pledge. The F.O.P./O.L.C., within the terms of its constitution and
,.~. bylaws, to the extent said terms are legal and in compliance with state and federal law, agrees to
not interfere with the desires of any employee of the bargaining unit to become and remain a
member of the F.O.P./O.L.C. The F.O.P./ O.L.C. agrees to fairly represent all employees of the
~"' bargaining unit subject to the provisions and procedures set forth in Sections 4117.11(B) and
4117.12 of the Revised Code.
Section 4.4 (Tender Reference. All reference to employees in the Contract designate both
sexes, and whenever the male gender is used, it shall be construed to include male and female
employees.
ARTICLE 5
MANAGEMENT RIGHTS
Section 5.1 Management Rg~c. Except as specifically limited herein, the Employer shall
have the exclusive right to manage the operations, control the premises, direct the working
forces, and maintain efficiency of operation of employees. Specifically, the Employer's
exclusive management rights include, but are not limited to, the sole right to hire, discipline and
discharge for just cause, layoff, and promote; to promulgate and enforce reasonable employment
rules and regulations; to reorganize, discontinue, or enlarge the Division of Police; to transfer
employees (including the assignment and allocation of work) within the Police Division; to
introduce new and/or improved equipment, methods and/or facilities, to determine work
methods; to determine the size and duties of the work force, the number of shifts required, and
work schedules; to establish, modify, consolidate, or abolish jobs (or ranks); and to determine
staffing patterns, including but not limited to assignment of employees, numbers employed,
duties to be performed, qualifications required, and areas worked. The exercise of the above
listed management rights is subject only to the restrictions and regulations governing the exercise
of these rights as are expressly provided herein and/or as permitted or provided by applicable
law.
An employee or his representative may raise a legitimate complaint or file a grievance based
upon the provisions of this Article.
5
r-'=~
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 three (3) representatives of the
"'~ Employer shall meet with not more than three (3) representatives of the employees to discuss
pending issues and/or problems and to promote a more harmonious labor/management
relationship.
An agenda will be exchanged by the parties at least five (5) working days in advance of the
scheduled meeting with a list of matters to be taken up in the meeting and the names of those
representatives from each side who will be attending. 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 Fm~czy~esignee• The bargaining unit is authorized to select one (1) employee
designee and two (2) alternates to conduct bargaining unit business. The employee designee,
upon giving reasonable notice, and upon authorization from the Chief Commurrications
Technician, or in his absence the Training & Accreditation Sergeant, 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.
Section 7.2 N~~ntiatin .ommittee. On days where actual between said parties is scheduled,
6
two (2) duly elected representatives will have their work schedule altered to day shift provided
said change can be made without creating any overtime obligation to the City and it does not take
any shift below minimum staffing levels as determined by the Division of Police. The F.O.P./
O.L.C. will notify-the Employer of the names and normal work schedules of representatives
whose schedules need to be changed prior to the first negotiation meeting. No members of the
F.O.P./O.L.C. negotiation committee will be allowed to attend work sessions of the negotiation
committee while on duty. No overtime obligation shall be incurred by the City as a result of any
bargaining unit member attending work sessions or any other sessions related to negotiations.
Time spent by a bargaining unit member attending work sessions, negotiations, or any F.O.P./
O.L.C. related business outside their scheduled shift, shall not constitute hours worked.
ARTICLE 8
GRIEVANCE PROCEDURE
. ection 8.1 Definition. A "grievance" is an allegation by one or more employees that there has
been a breach, misinterpretation, or improper application of this Contract. It is not intended that
the Grievance Procedure be used to effect changes in this Contract, nor in those matters not
covered by this Contract.
Section 8.2 Turicdiction. If exclusive administrative relief of a judicial or quasi judicial nature
is provided for by the statutes of the State of Ohio, or of the United States, for review or redress
of specific matters (such as civil rights, etc.) such matters may not be subject to this Grievance
Procedure, or be processed hereunder. However, the Grievance Procedure, as set forth in this
Article, maybe 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 said Board takes jurisdiction over the appeal, the employee is
thereafter precluded from seeking a remedy under this Procedure.
„~,, Section 8.3 Qualification. All grievances must be presented at the proper step and time in
progression in order to be considered at subsequent steps. The proper step to initiate the
grievance is Step 1, Section 8.5, unless the occurrence that gave rise to the grievance originates at
another step. The grievant may either initiate his grievance at Step 1 or at 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, maybe advanced
by the employee to the next Step in the Grievance Procedure. All time limits on grievances set
forth herein, maybe extended only by mutual written consent of the parties.
A grievance may be brought by an aggrieved employee covered by this Contract. Where more
than one (1) employee desires to file a grievance involving an incident affecting several
7
employees in the same or similar manner, one (1) employee shall be selected by the bargaining
unit to process the grievance. Each aggrieved employee who desires to be included in the
grievance shall sign the grievance.
section 8.4 Grievance Form. The aggrieved employee shall use a written grievance form
which shall provide the following information:
A. Grievant's name and signature;
B. Date, time and location of grievance;
C. Description of incident giving rise to the grievance;
D. Article or Section of the Contract allegedly violated;
E. Date grievance was first discussed;
F. Name of supervisor with whom grievance was first discussed;
G. Date grievance was filed in writing; and
H. Desired remedy to resolve the grievance.
The bargaining unit shall be responsible for it's accounting, duplication and distribution of
grievance forms. Said forms may also be used for official business of the Police Division.
Section 8.5 Grievance Procedure. It is the mutual desire of the Employer and the 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. ep 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 grievance. The immediate supervisor shall
investigate and provide an appropriate answer within seven (7) working days following
an informal meeting at this Step.
B. Shen 2 -Chief of Police. If the grievance is not resolved in Step 1, and the employee
wishes to proceed to Step 2, the employee shall reduce the grievance to writing and shall,
within seven (7) working days of the answer at Step 1, present the written grievance to
the Chief of Police or his designee. The Chief of Police or his designee shall investigate
and respond in writing to the employee within seven (7) working days following the
presentation of the grievance to Step 2.
8
C. Stomp--=-cif-' 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 maybe submitted to arbitration
upon request of the F.O.P./ O.L.C. 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 resolved.
D. en 4 -Arbitration. After receipt of a request to arbitrate from the F.O.P./O.L.C., a
designee of the City Manager and the F.O.P./O.L.C. shall attempt to agree on an
arbitrator. The arbitrator shall be selected by the parties making a joint request to the
Federal Mediation Conciliation Service for a panel list of nine (9) arbitrators. The parties
shall then choose an arbitrator by alternately striking names from the list until such time
as one (1) name remains as the arbitrator chosen by the parties.
Prior to beginning the striking procedure, either party may reject the list and submit a
request for another list from the arbitration tribunal. In issuing an award, the arbitrator
shall be limited to the enforcement of the specific provisions of the Contract. He may not
alter, amend, modify, add to or subtract from the provisions of the Contract.
The question of arbitrability of a grievance, may be raised by either party before the
arbitration hearing on the grievance, on the grounds that the matter is nonarbitrable or
beyond the arbitrator's jurisdiction. The first question to be placed before an arbitrator
will be whether or not the alleged grievance is within the purview of arbitrability.
Thereafter, the alleged grievance will be heard on its own merits before the same
arbitrator.
The decision of the arbitrator shall be final and binding. The arbitrator shall be without
authority to recommend any right to relief on any alleged grievance occurring at any
other time than the 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 F.O.P./O.L.C. 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.
The arbitrator shall forward such findings and award to the City Manager, or his
9
designee, and to the F.O.P./O.L.C. President, or his designee.
Section 8.6 Righ~ t to Representation. A grievant has a right to representation in all Steps of the
Grievance Procedure and shall have an opportunity to fairly present.his-case by presentation of
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 WorkingDavs. For purposes of the Grievance Procedure, working days means the
~w,~ 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 Fxtencion of Time Limits It is the Employer's and the F.O.P./O.L.C.'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 F.O.P./O.L.C.'s and the Employer's
designated representative may mutually agree, at any Step, to short-term time extensions. But
any such agreement must be in writing and signed by the parties. In the absence of such mutual
extensions, if no response is forthcoming within the specific time limits, the grievance will be
moved to the next Step in the Procedure. However, if no response is forthcoming and the
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 deliver a memorandum to both the
Chief or his designee and the Personnel Director or his designee requesting such a response. The
applicable official will then respond within seven (7) days from the receipt of the memorandum.
If a response is not forthcoming within the seven (7) day period 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-SerioLC Complaints or Offenses. In recognition of the
fact that many types of complaints are of a very minor or non-serious nature which can be
resolved at an initial, informal stage, the following procedure can be adhered to where an
informal resolution is likely to occur.
After receipt of a complaint is received or phoned in and is memorialized in writing by the
10
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employee taking the complaint, an informal process maybe initiated for resolution of minor
infractions or non-serious allegations. The investigating supervisor, whether a Chief
Communications Technician, shift Sergeant, Bureau Commander or Chief, may approach the
employee and attempt to gather the facts about the allegation from the employee. At that time,
the investigating supervisor shall notify the accused employee of the nature of the complaint. If
the complaint cannot be resolved at this informal level or the charged employee elects not to
make any statement, the official investigative procedure will be put into place as identified in the
remaining sections of this Article. If other, more serious allegations other than those initially
charged are raised during the informal investigation, the matter will be immediately transferred
to the formal process and subject to progressive discipline. Cases processed and resolved at the
informal level may result in no more than a letter of reprimand, 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 seventy-two (72) hours at
the direction of the Chief of Police or his designee and with the presence of the accused
employee and his representative, if so desired. The purpose of this meeting is to formally
provide the accused employee with the complaint in writing. At that time, the Chief
Communications Technician will again be permitted to gather information pertinent to the
complaint from the accused employee with the presence of his representative.
SAC ion Notification. An employee shall be informed of the nature of the investigation
(whether disciplinary or criminal) and shall be provided written notice of the specific factual
allegations made against him (except at the informal level), including a copy of the written
complaint made against him, prior to any questioning. If either felony or misdemeanor charges
are contemplated, the employee shall be informed of his constitutional rights in advance of any
questions.
Section 9.4 Right to Representation All questioning sessions shall be scheduled so that the
employee has an opportunity to obtain representation from the F.O.P./O.L.C. The Union
representative or attorney shall be permitted to be present at any questioning and shall be
afforded a reasonable opportunity to consult with the employee during questioning.
Section 9.5 Conduct of Onestioning. As used in this Article, questioning refers to any
investigation, internal affairs review, or interrogation whether or not the employee is to be
questioned. The following rights are accorded to the employee subject to questioning:
A. Any questioning of an employee will be conducted at hours reasonably related to his
shift, preferable during his working hours. Such sessions shall be for reasonable periods
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 maybe charged with insubordination or like offenses for refusing to
answer questions or participate in any investigation, he shall be advised that such
conduct, if continued, may be made the basis for such a charge; except that an employee
11
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who refused to answer questions or participate in any investigation shall not be charged
with insubordination or like offense for such refusal as permitted on an exercise of his
constitutional rights in a criminal matter.
C. Such questioning shall be recorded by the Employer at the request of either party. Tapes
will be made by the Employer and may also be made by the employee and/or his F.O.P/
O.L.C. representative or attorney. The employee and his F.O.P./O.L.C. representative or
his F.O.P./O.L.C. attorney will be afforded the opportunity, upon written request directly
to the Chief or his designee, to listen to make personal notes regarding a tape made of his
interview by the Division.
D. Any statements or evidence obtained in the course of questioning through the use of
threats, coercion or promises other than notification that the member maybe 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 give a polygraph examination
with his consent. The results of this examination cannot be used in any subsequent
criminal action. Where consent is given, a polygraph examiner shall be chosen by mutual
agreement of the Employer and the employee.
Section 9.6 AccPCC to Tapec and Documents. The employee who is subject to questioning, and
his F.O.P./O.L.C. representative or attorney where one is involved, will be provided access to
transcripts, records, written statements, and tapes pertinent to the case, including transcripts of
questioning asked and response to polygraph examinations, at least two (2) days after requested
and/or reasonably in advance of any Pre-Disciplinary Conference.
Section 9.7 Citizen Complaint. In order for a citizen complaint to be considered as possible
w_ ., grounds for disciplinary action, it must be reduced to writing and signed by the citizen. Also,
when any citizen complaint in filed more that thirty (30) calendar days after the date of the
alleged event complained 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 Investi~a ion. All complaints, internal investigations and Divisional charges
should initially be under the province of the Chief Communications Technician. If the Chief
Communications Technician is not on-duty, the Officer-In-Charge (O.I.C.) will be responsible
for noting the incident and forwarding it to the Chief Communications Technician or the
Training & Accreditation Sergeant no later than forty-eight (48) hours after the incident. When
the incident is forwarded, the Chief Communications Technician will investigate and make
recommendations to the Chief. If the Chief Communications Technician is not available with
12
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forty-eight (48) hours of the alleged incident or on the Monday following the alleged incident if
it occurs on the weekend, the Training & Accreditation Sergeant will investigate and make
recommendations to the Chief. If the claim is made that any provisions of this Article are
violated by the Employer, such violations shall be subject to the Grievance Procedure beginning
at Step 3.
ARTICLE 10
DISCIPLINE
10.1 Dic inline for Cause No bargaining unit employee shall be reprimanded, suspended,
reduced in pay, or removed, except for grounds stated in this Contract. The Employer may take
disciplinary action against any employee only for just cause. The Employer may take this type
of action while the employee is on duty; working under color of employment for the Employer;
or off-duty representing himself as an employee of the Division or while engaged in conduct that
might affect his ability to perform his duties as an employee. The employee may not be
disciplined for actions on his own personal time that do not reflect directly on the Division, or do
not violate any State or Federal statutory provisions, or off-duty employment Divisional
Standards of Conduct, Rules and Regulations. Incompetency, inefficiency, dishonesty,
drunkenness, immoral conduct, insubordination, discourteous treatment or neglect of duty,
absence without leave, or any conduct unbecoming an employee, or any other acts of
misfeasance, malfeasance or nonfeasance, or violations of any Dublin Division of Police
General Orders shall be cause for disciplinary action.
Section 10.2 Progreccive Disciplin .Except in instances where an employee engages in
~,_, serious misconduct, the facts and circumstances of which could justify suspension or discharge,
discipline will be applied in a progressive manner. Progressive discipline shall take into account
the nature of the violation, an employee's record of discipline, and the employee's record of
conduct.
Ordinarily, a progressive disciplinary action will involve an oral reprimand before a written
reprimand, a written reprimand before a suspension, and a suspension before reduction in pay or
removal for a repeated, similar, or related offense. The commission of a repeated or related
offense for which an oral reprimand has been given, permits, but does not require, the Employer
to issue a written reprimand. Should a written reprimand be issued, the Employer is permitted,
but not required, to issue a suspension for the commission of a related offense of the same,
similar, or related nature. Should a suspension be issued, the Employer is permitted, but not
required, to reduce in pay or remove the employee for the commission of a repeated offense of
the same, similar, or related nature.
13
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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 supervisor to discuss the proposal.
Section 10.3 Disci~.__plinarv Action. The prerogative to issue oral reprimands and written
reprimands rests solely within the Divisional hierarchy of authority. Where there is reason to
believe that an employee is guilty of an offense which might lead to suspension without pay,
reduction in pay or rank, or removal, the Chief has the responsibility to prefer charges and the
proposed penalty against the employee, which charges shall be heard in aPre-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-Discin_ lnat~ Conference. When charges are preferred by the Chief, aPre-
Disciplinary Conference shall be scheduled to give the employee an opportunity to offer an
explanation of the alleged offense/misconduct. Pre-Disciplinary Conferences will be conducted
by the City Manager, or his designee.
Not less than 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 aPre-Disciplinary Conference.
_; At the Pre-Disciplinary Conference, the City Manager, or his designee, will ask the employee or
employee's representative to respond to the preferred charges. At the Pre-Disciplinary
Conference, the employee or his representative shall be permitted to offer testimony and
evidence in his defense, call witnesses material to his defense, and confront his accusers. The
employee or his representative shall provide a list of witnesses to the City Manager or his
designee as far in advance as possible, but no later than 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, summarizing the findings
of fact and disciplinary penalty to be imposed, if any. A copy of this written report will be
provided to the employee or his representative within ten (10) working days following the
Conference. Pre-Disciplinary 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
14
of the Conference. -The employee may also record the Conference.
Any imposition of discipline shall be accomplished in such a manner that will not embarrass the
employee before otheremployees or the public. -
~e ti__c on 10.5 fogy of Disci a Record. Whenever a disciplinary action is taken which results
in a disciplinary action of record, (Section 10.2) ,the employee shall be given a copy of such
record.
Se tion 10.6 AggeaL The F.O.P./O.L.C. may elect to appeal the disposition made by the City
Manager or his designee directly to arbitration as provided in Section 8.5 D. of this Contract, or,
where applicable, to the Dublin Personnel Board of Review. In the event the F.O.P./O.L.C.
wishes to appeal such decision to arbitration, written notice of the intent to file such an appeal
under the Arbitration procedure must be received by the City Manager or his designee within
fourteen (14) calendar days of the City Manager's, or his designee's, written determination. In
the event an appeal is taken to arbitration, review by the Dublin Personnel Board of Review is
precluded.
ARTICLE 11
PERSONNEL RECORDS
Section 11.1 Personnel File. One, and only one, official personnel file shall be maintained for
each employee and shall be in the custody of the Division of Personnel & Purchasing. The
personnel file shall contain all the official records of the City regarding an individual employee
with the exception of medical records which shall be maintained in a separate file pursuant to
applicable Federal and State Law and which shall be considered confidential. Where past
disciplinary actions or allegations of misconduct are relevant to considerations of future
disciplinary action or promotion, only those disciplinary actions of record contained in the
personnel file shall be considered. An employee may review his personnel file at reasonable
times in the presence of the Personnel Director, or his designee, upon written request to the
Personnel Director. During the term of this Contract, each employee may obtain one copy of his
entire personnel file at no cost. This copy shall be provided upon request from the employee and
within a reasonable period of time. All other copies of documents shall be made available to the
employee at a reasonable charge; all said copies shall be marked "Employee's Copy". Anytime a
document is placed in the employee's personnel file, the employee shall be forwarded a copy of
such document, with the exception of selection records and materials created prior to the
employee's date of appointment (e.g. background investigations, polygraph examination,
reference checks, criminal record checks, interview appraisal forms and evaluation profiles, etc.);
such selection records/materials shall be made available for inspection of the employee upon
request to the Personnel Director. The confidentiality of matters contained in the personnel files
shall be the responsibility of the Personnel Director who shall release only such information
15
„~.~,
permitted by law and then only to those persons with a legitimate right to the information,
subject to the provisions of the Ohio Privacy Act, Ohio Public Record's Act, or other applicable
Federal or State Law. In the event a legitimate request is made to inspect or obtain copies of
records from an employee's personnel file, the City will make a reasonable attempt to notify the
employee that such a request has been made.
Section 11.2 Retention of Records All actions of record, including appointment, evaluations,
,,,~,,, promotions, reprimands, dismissals, suspensions, will be maintained in each employee's
personnel file throughout his period of employment. Record of documented oral reprimands will
not be considered for purposes of future disciplinary action more than six (6) months after
issuance provided that no repeated offense(s) of a same or similar nature have occurred within
said six (6) month period following issuance. Record of written reprimands will not be
considered for purposes of future disciplinary action more than twelve (12) months after issuance
provided that no repeat offense(s) of a same or similar nature have occurred within said twelve
(12) month period following issuance. Suspensions of less than thirty (30) days will not be
considered for purposes of future disciplinary action more than three (3) years after issuance
provided that no
repeated offense(s) of a same or similar nature have occurred within said three (3) year period
following issuance.
In the event that a repeated offense(s) of a same or similar nature occurs during the appropriate
time limit(s), the initial disciplinary action shall be considered for the duration of the time period
for which the most recent documented disciplinary action will remain in effect for purposes of
future disciplinary action.
Section 11.3 InaccLrate Documents If, upon examining his personnel file, an employee has
reason to believe that there are inaccuracies in documents contained therein, he may write a
memorandum to the Personnel Director explaining the alleged inaccuracy. If the Personnel
Director concurs with the employee's contentions, he shall either correct or remove the faulty
document or attach the employee's memorandum to the document and note thereon his
concurrence with the memorandum. He may also attach the memorandum to the document and
note his disagreement with memorandum's contents.
ARTICLE 12
WORK RULES
Section 12.1 Work Rules. The Employer agrees that, to the extent possible, work rules shall be
reduced to writing and provided to all employees in advance of their enforcement. Any charge
by an employee that a work rule or DeparhnentaUDivisional directive is in violation of this
Contract, or has not been applied or interpreted uniformly to all employees, shall be a proper
subject for a grievance.
16
ARTICLE 13
POLITICAL ACTIVITY
section 13 1 Political Activity. In addition to other rights, as permissible by law:
A. An employee is permitted outside the City of Dublin to actively participate in partisan
political activity, provided that an employee undertakes such activity while off-duty, not
,,,~, in identifiable uniform, and does not represent that such activity is either undertaken in
his official capacity as an employee or the Employer or is sanctioned by the Employer.
B. An employee is permitted within the City of Dublin to exercise his/her rights as a citizen
to express his/her personal opinions and to cast his/her vote. However, an employee shall
not:
orally or in writing solicit or in any manner be concerned with soliciting any
assessment, subscription or contribution of any type for any political party or
political purpose whatsoever from any person holding a position in the service of
the Employer;
2. make any contribution to the campaign funds of any candidate for a City of
Dublin elective office for the actual or apparent purpose of influencing said
persons or receiving favors of any nature from said persons; and,
3. become actively involved in the elective process or campaigns for any City of
Dublin elective office.
ARTICLE 14
SENIORITY
Section 14.1 , eniority For purposes of this Contract, "Seniority" shall be defined as total
continuous service as a full-time Communications Technician within the Division of Police.
Seniority shall begin to accumulate on the date an individual becomes employed as a
Communications Technician. Continuous service shall reflect the uninterrupted service of an
employee as calculated by years/days of service. Continuous service shall be interrupted only
when a "break in service" occurs. A "break in service" shall occur in the following instances:
A. RemovaUDismissal
B. Failure to return from an authorized leave of absence
C. Resignation/Separation
17
Seniority shall begin to accumulate on the date an individual becomes employed as a full-time
Communications Technician; however, should more than one (1) individual be hired on the
same day, seniority preference will be determined by the individual's relative ranking in the
selection process: An individual with a higher ranking shall always receive seniority preference
over an individual with a lower ranking. Methods for determining seniority prior to the effective
date of this contract shall not be affected.
"" 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.
Section 14.2 Annlication of eniority. When vacation leaves are to be scheduled on an annual
basis, and where in these instances there are two (2) or more employees requesting vacation
leave for the same period of time, the employee with the greater seniority shall be granted the
request, if the request is granted at all.
Section 14.3 Filling_of~h_i_ft Assignments. Assignments to shift and shift slots shall be posted
for fifteen (15) days and shall be made by means of seniority unless the Chief determines that the
effective operation of the Division dictates that seniority not be the determining factor for shift
assignments and shift slots. Employees shall be given at least fifteen (15) days notice of a
change in shift assignments or shift slots.- Employees who are serving in their original
appointment probationary period shall not have an opportunity to compete for a new shift.
In November of each year, the Division shall post a shift schedule for the upcoming year. The
Chief Communications Technician shall present the proposed schedule to the most senior
Communications Technician. That individual shall have forty-eight (48) hours to decide which
position on the proposed schedule they desire. Once they sign up for a shift, the schedule is
returned to the Chief Communications Technician who will initial the sheet and pass along to the
next senior person for their decision. This will continue until each person has made a bid for a
shift. The new shift assignments will go into effect January 5th of the upcoming year.
4ection 14.4 No Potting ResDO~nse._ In instances where shift assignments, as set forth in Section
14.3 are posted and no employees respond to the posting, the Chief reserves the discretion to
make such assignments based upon the needs of the Division.
ARTICLE 15
EMPLOYEE ASSISTANCE PROGRAM
Section 15.1 FmTyeP Assistance The City of Dublin and members of the bargaining unit
18
recognize that a wide range of personal difficulties/problems in the lives of employees may affect
work performance and that most personal difficulties/problems can be successfully resolved
provided they are identified and referred to an appropriate source of assistance. The City and
members of the bargaining unit therefore agree that it would be in the best inter-est of the City,
its employees, and employees' immediate family members that a formal Employee Assistance
Program (EAP) be provided by the City to assist employees and said family members in dealing
with a wide range of personal difficulties/problems. The City and members of the bargaining
""""' unit recognize that this range of personal difficulties/problems may include mental, emotional,
financial, family, marital, employment-related stress, drug abuse, alcoholism, legal, elder care/
aging, spiritual, career, illness/disability, or other such difficulties/problems. The purpose of the
"~"' City EAP shall be to help employees and members of their immediate families deal with the
kinds of difficulties and problems identified above by linking them with resources that can
provide appropriate help; to reduce job performance problems; and to retain valued employees.
When an employee or a member of his/her immediate family is experiencing a problem, whether
or not such a problem affects the employee's job performance, the employee and/or immediate
family members are strongly encouraged to seek assistance through the EAP.
SPCtion 15.2 ov r g~ Termc and Conditions. Under the coverage terms of the EAP,
employees and/or members of their immediate families shall each be entitled to unlimited
assessment and referral and a maximum of three sessions per problem, at no cost to the employee
or family member, for problems amenable to short term counseling intervention. Employees
and/or family members are encouraged to access available benefits, as provided by the City
medical benefits program, for counseling/treatmentbeynnd the three session limit.
Section 15 3 Other Termc and Conditions. The City and the members of the bargaining unit
agree that:
A. Participation in the EAP shall be strictly voluntary. However, employees and their
"~ ~ immediate family members who have problems they feel may affect their health, well-
being, and/or the employee's job performance, are encouraged to contact the EAP.
B. Employees and their immediate family members shall receive an offer of assistance to
help resolve such problems in an effective and confidential manner by the EAP provider
consistent with federal and state law. No information concerning the nature of individual
personal problems will be released without proper written consent.
C. Nothing in this Article of this Contract shall be interpreted as constituting a waiver of the
City's responsibility to maintain discipline or its right to take appropriate disciplinary
action in accordance with established disciplinary procedures. Normal disciplinary
procedures shall remain unaltered and use of the EAP shall not alter the responsibility of
employees to maintain an acceptable level of performance or acceptable behavior/
conduct.
D. EAP-related appointments scheduled during normal work hours shall be scheduled within
the framework of the City's existing leave policies. Depending on the circumstances
19
~, .~
involved, one or more forms of leave maybe appropriate to attend such appointments
(i.e. sick, vacation, compensatory time, personal, etc.). Due to existing procedures
requiring the employee to provide a reason to justify the use of sick leave, the employee
maynot wish to use said leave for such appointments; as providing a reason for the usage
of said leave may disclose information the employee wishes to remain confidential. If the
employee chooses to request sick leave, he or she is hereby advised that in providing a
justifiable reason for sick leave usage, he/she is voluntarily disclosing information.
Employees are hereby advised that if this is a concern, they should request another form
of leave where providing a reason for said leave usage is not required (i.e. vacation leave,
compensatory time, personal time, etc.), or seek to schedule EAP related appointments
outside of normal work hours. Flexible appointment hours shall be made available to
employees by the EAP provider.
E. Supervisory personnel may encourage the use of the EAP, recognizing the fact that many
job performance difficulties may be related to a personal problem. However, supervisory
personnel shall refrain from diagnosing personal problems or recommending specific
solutions other than referral to the EAP.
F. Supervisory training is critical to the success of the EAP. In that regard, the City will
provide supervisory training, to be scheduled at the discretion of the City, to enhance the
knowledge of supervisory personnel concerning the proper methods to be used when
dealing with an employee who is experiencing personal orwork-related problems.
G. The City shall reserve the right to contract, at its sole discretion, with the company/
organization of its choice that will, in the judgement of the City, provide the most cost-
effective, meaningful, and responsive service to the City and its employees.
ARTICLE 16
DRUG FREE WORKPLACE
Sec ion 16 1 purv~ e. The City and the Union hereby agree that illegal drugs in the workplace
are a danger to us all. They impair health, safety and welfare, promote crime, lower productivity
and quality, and undermine the public confidence in the work we perform as public servants.
Therefore, the City and the bargaining unit will not tolerate the illegal use or illegal presence of
drugs in the workplace.
In addition, the City and the Union understand that, pursuant to the federal Drug-Free Workplace
Act, in order for the City of Dublin to be considered as a recipient for federal grants, it must
comply with several requirements mandated by the Act. One of these requirements mandates
that the City publish a policy prohibiting the illegal presence of controlled drugs in the workplace
and that this policy be distributed to all employees. In addition, the Act requires the City to
verify that all employees have agreed to abide by the policy as a condition of continued
20
...m
employment.
The purpose of this Article is to publish a formal policy regarding illegal drugs in the workplace,
to notify bazgaining-unit employees of the consequences of illegal use, possession, distribution,
manufacture, etc. of controlled drugs in the work-place, to institute a drug awazeness program for
bargaining unit employees, and to notify employees of the types of rehabilitative help that may
be offered by the City. This Article shall be applicable to all employees of the bargaining unit
""""' and the bargaining unit hereby understands that this Article shall be strictly enforced by all
supervisory personnel within the Division of Police.
"'"" Sec ion 16.2 Policy The City and the Union hereby agree that any location at which City
business is conducted is hereby declazed to be a DRUG-FREE WORKPLACE. This means that
all employees, including supervisory personnel, aze absolutely prohibited from unlawfully
manufacturing, distributing, dispensing, possessing, or using con-trolled substances in the
workplace. Reporting for work while under the influence of illegal drugs, or with any residual
effects from illegal drug use (e.g. impaired judgement, sickness, impaired reflexes, etc.) is
likewise prohibited. For purposes of this policy, an employee is considered to be "under the
influence" of a drug or controlled substance when any amount of such drug or con-trolled
substance (or any of its metabolites) is found to be present in the employee at or above the lowest
recognized scientific standazd utilized by the laboratory selected by the Employer for evaluating
the presence of such substances in the system.
Bazgaining unit employees hereby understand that any building, facility, structure, property, etc.,
or the contents thereof (i.e. employee lockers, offices, desks, etc.), owned or leased by the City
shall be subject to unannounced inspection at any time by appropriate supervisory personnel and
City officials.
The following constitutes a partial list of controlled substances: (For a more detailed listing and
~~ explanation of controlled sub-stances, please consult the attached listing entitled "Controlled
Substances -Uses & Effects.")
..>
* Nazcotics (heroin, morphine, etc.)
* Cannabis (marijuana, hashish)
* Stimulants (cocaine, diet pills, etc.)
* Depressants (tranquilizers)
* Hallucinogens (PCP, LSD, "designer drugs", etc.)
Bargaining unit employees understand that compliance with this policy shall be strictly enforced
and shall be a condition of continued employment. Bargaining unit employees-also understand
that any employee violating this policy shall be subject to appropriate disciplinary action which
may include suspension or dismissal.
Bargaining unit employees hereby understand that they may also be subject to appropriate
disciplinary action for engaging in off duty, illegal conduct/behavior unbecoming a City
employee emanating from the use of illegal drugs which detracts from the image or reputation of
21
the City as an organization or which erodes the public confidence in the City as an organization
(e.g. disorderly conduct, assault, fighting, criminal menacing, disturbing the peace, OMVI, etc.,
or other criminal acts).
Section 16.3 Dig-Free Awarenecc & F,mploypp A cictance Bargaining unit employees have
a right to know the dangers of drug abuse in the workplace, the policy regarding such drug abuse,
and what help is available to combat drug problems. This Section of this Contract is intended to
address this matter.
The City agrees to offer an awareness program for all bargaining unit employees on the dangers
of drug abuse in the workplace. Posters, brochures, and appropriate guest speakers at periodic
group meetings will communicate information to employees.
In addition, to assist employees in overcoming drug abuse problems, the City will offer the
following rehabilitative help where applicable:
* Medical benefits for drug-abuse treatment
* Information about community resources for assessment and treatment
* Employee Assistance Program
Bargaining unit employees hereby understand that where rehabilitative assistance is offered by
the City and agreed to by the employee, failure of the employee to adhere to conditions with
regard to the rehabilitative program may result in appropriate disciplinary action including
suspension or dismissal.
Medical benefits for drug abuse treatment, as mentioned above, shall be limited to those covered
by the City of Dublin medical plan. (For further information on the medical benefits for drug
abuse treatment, refer to the City of Dublin "Employee Benefits Handbook".)
~~
4 The City also agrees to provide supervisory training to assist supervisors in identifying illegal
;, drug use by employees. In addition, the City further agrees to provide training to supervisory
personnel regarding the proper procedures for handling incidents involving employees who they
suspect maybe under the influence of illegal drugs in the workplace.
Section 16.4 Criminal Convictionc & Notification ReaLir~_ ement The bargaining unit
employees hereby understand that pursuant to the provisions of the Drug-Free Workplace Act,
any employee convicted of violating a criminal drug statute in this workplace must inform the
City of such conviction (including pleas of guilty and nolo contendere) within five (5) days of
the conviction occurring. Failure to so inform the City shall subject the employee to appropriate
disciplinary action including suspension or dismissal.
The City reserves the right to offer employees convicted of violating a criminal drug statute in
the workplace, participation in an approved rehabilitation or drug abuse assistance program. If
such a program is offered, and accepted by the employee, then the employee must adhere to
conditions with regard to the rehabilitation as a condition of continued employment.
22
Section 16.5 Fmnlovee Acknowledgm .n .All bargaining unit employees hereby agree to
acknowledge, in writing, that they have read this Article of the Contract and agree to abide by it
in all respects. Bargaining unit employees understand that this acknowledgment and agreement
shall be required of each employee as a condition of continued employment.
ARTICLE 17
CONSUMPTION OF ALCOHOL
Section 17.1 Purpose• In order to promote and maintain a safe and productive working
environment for all City employees, protect the public health, safety, and welfare and, uphold the
public confidence in the work performed by City employees, the City and the bargaining unit
hereby agree that a policy concerning the use of alcohol by bargaining unit employees should be
addressed within this Contract. The purpose of this Article, therefore, is to provide the terms and
conditions of such policy.
The bargaining unit hereby understands that this policy shall be applicable to all bargaining unit
employees and shall be strictly enforced by all supervisory personnel within the Division of
Police.
Section 17.2 Pol~icv_. The City and the union hereby agree that all employees, including
supervisory personnel, are strictly prohibited from consuming alcohol while on duty. In
addition, reporting for work while under the influence of alcohol, with any residual effects of
alcohol consumption (e.g. impaired judgement, sickness, impaired reflexes, etc.), or where there
is any evidence of alcohol consumption (e.g. odor of alcohol on the breath) is likewise
prohibited. For purposes of this policy, an employee is considered to be "under the influence" of
alcohol when the employee is found to be impaired by alcohol. (The City and the union hereby
agree that a blood alcohol content of 0.04% will be used as the standard for impairment.)
Furthermore, all employees are also prohibited from consuming alcohol during their designated
lunch break or meal period and while off duty anytime said employees are in City uniform or are
wearing any apparel which distinguishes themselves as employees of the City of Dublin..
Bargaining unit employees hereby understand that any building, facility, structure, property, etc.,
or contents thereof (i.e. employee lockers, offices, desks, etc.), owned or leased by the City, shall
be subject to unannounced inspection at any time by appropriate supervisory personnel and City
officials.
Bargaining unit employees likewise understand that compliance with this policy shall be strictly
enforced and that any employee violating this policy shall be subject to appropriate disciplinary
action which may include suspension or dismissal.
Bargaining unit employees further understand that they may also be subject to appropriate
disciplinary action for engaging in off-duty, illegal conduct/behavior unbecoming a City
23
employee emanating from the use of alcohol which detracts from the image or reputation of the
City as an organization or which erodes the public confidence in the City as an organization (e.g.
disorderly conduct, assault, fighting, criminal, menacing, disturbing the peace, OMVI, etc., or
other criminal acts).
Section 17.3 Alcohol Awareness & Em= 1o_yeP Assistance. Bargaining unit employees have a
,~,,, right to know the dangers associated with the use or abuse of alcohol and what help is available
to combat the problems associated with alcohol use or abuse.
„~, The City agrees to offer an awareness program for all bargaining unit employees on the dangers
associated with alcohol use or abuse. Posters, brochures, and appropriate guest speakers at
periodic group meetings will communicate information to employees.
In addition, to assist employees in overcoming alcohol abuse problems, the City will offer the
following rehabilitative help where applicable:
* Medical benefits for alcohol-abuse treatment
* Information about community resources for assessment and treatment
* Employee Assistance Program
Bargaining unit employees hereby understand that where rehabilitative assistance is offered by
the City and agreed to by the employee, failure of the employee to adhere to conditions with
regard to the rehabilitative program may result in appropriate disciplinary action including
suspension or dismissal.
Medical benefits for alcohol abuse treatment, as mentioned above, shall be limited to those
covered by the City of Dublin medical plan. (For further information on the medical benefits for
alcohol abuse treatment, refer to the City of Dublin "Employee Benefits Handbook".)
The City also agrees to provide supervisory training to assist in identifying the problems
~»,_:}~ associated with alcohol abuse by employees. In addition, the City further agrees to provide
training to supervisory personnel regarding the proper procedures for handling incidents
involving employees who they suspect maybe under the influence of alcohol in the workplace.
ARTICLE 18
EMPLOYEE DRUG & ALCOHOL PROGRAM
18.1 PLrpoce of Testing In an effort to promote and maintain a safe and healthy environment
for City employees, establish a standard of conduct for City employees, protect the public health,
safety, and welfare, and to uphold the public confidence in the work performed by City
employees, the City and the bargaining unit hereby agree that employee drug & alcohol testing
should be addressed within this Contract. In that regard, the purpose of this Article is to establish
24
.~
the terms, conditions and procedures regarding the drug and alcohol testing of bargaining unit
members.
1$.2 Terms and Conditionc ofTesting. The City and the bargaining unit hereby agree that all
bargaining unit members, as a condition of this Contract, shall be required to submit, upon
request, to a urinalysis and/or blood test to detect the presence of illegal drugs or alcohol in their
systems under the following circum-stances:
A. When the City has reasonable suspicion to believe that an employee is under the
influence of illegal drugs or alcohol while on City premises or on City business.
B. Following awork-related accident or safety violation.
Employees who are directed to submit to testing shall be required to sign a consent form, the
form of which will be developed by the Personnel Director, which will include consent that
notice of the test results will be released to The Director of Personnel & Purchasing, or in his
absence, the City Manager.
The City and the bargaining unit hereby agree that if employees of the bargaining unit are
required to submit to testing, failure or refusal to submit to the testing may result in appropriate
disciplinary action which may include suspension or dismissal. The actual discipline to be
imposed shall take into consideration all facts and circumstances including the expressed reasons
for the employee's refusal, the need for the testing, the employee's desire for rehabilitation, and
the employee's job performance.
18 Drug and Alcohol Testing Procedures. Drug & Alcohol testing shall be conducted in the
following manner:
A. Employees judged to be under the influence of drugs and/ or alcohol shall be
escorted to a designated testing laboratory after receiving approval from the City
Manager or Director of Personnel & Purchasing. After specimen collection, the
employee shall be escorted home. Employees will not receive regular pay for the
time they are sent home if found to be under-the influence of drugs or alcohol.
The employee shall be permitted to return to work after the test results have been
received by the City, unless otherwise specified by the City.
B. In screening for the presence of alcohol or drugs, the City shall use a generally
accepted screening procedure. Whenever an employee is required to provide
urine or blood for the screening procedure, the employee shall be required to
provide two specimens at the time of col-lection in order to facilitate the screening
procedure.
C. When such screenings are performed, the threshold level for determination shall
be established in accordance with generally accepted medical procedures and
existing laws or regulations.
25
D. In testing for the presence of illegal drugs and/or alcohol, the City shall submit the
first specimen for testing to a certified laboratory. If illegal drugs and/or alcohol
are found in the first specimen, then that same specimen shall be submitted for
further verification (confirmatory) testing.
E. If both initial and verification (confirmatory) tests are positive for an illegal drug
and/or alcohol, the Director of Personnel & Purchasing shall contact the
employee. The employee must then decide whether or not he/she wishes the
second specimen provided at the initial collection to be further tested by the City.
If the employee so requests, then the second specimen shall be tested by the City
using a second certified laboratory.
F. If the employee does not request the screening of the second specimen after the
initial specimen tests positive, or if the employee does request the testing of
second specimen and it also tests positive for an illegal drug or alcohol,
rehabilitative or corrective action shall be taken.
1$,4 Referral o mnlovee Accictance Program. If the results of drug and/or alcohol testing
are positive, but do not warrant dismissal of the employee, a referral to the Employee Assistance
Program maybe offered. Although employees maybe offered an assessment through the
Employee Assistance Program, they are still subject to appropriate disciplinary action.
If an employee accepts a referral to the EAP for assessment as a result of a positive drug and/or
alcohol test, he/she must comply with any recommendation made by the EAP Drug and Alcohol
Counselor resulting from an assessment, as a condition of continued employment. The employee
shall further comply to random drug and/or alcohol testing for a period of up to two years.
Failure to comply with any of the conditions associated with the recommendations of the
Counselor, the conditions associated with the rehabilitation program, or the random testing, as
specified above, may result in dismissal of the employee.
ARTICLE 19
USE OF PRESCRIPTION & "OVER-THE-COUNTER" MEDICATION
Section 19.1 purpose. In an effort to promote and maintain a safe and productive working
environment for City employees, establish a standard of conduct for City employees, protect the
public health, safety, and welfare, and to uphold the public confidence in the work performed by
City employees, the City and the bargaining unit hereby agree that use of prescription and "over-
the-counter medication by employees should be addressed within this Contract. In that regard,
the purpose'of this Article is to establish terms and conditions concerning the use of prescription
and "over-the-counter" medication by bargaining unit members.
Section 19.2 GenPra~ TPrn,c Rr C'nnditions In general, employees taking medication legally
prescribed by a physician, or purchased "over-the-counter", which may impair the employee's
26
judgement, job performance, and physicaUmental capabilities, shall advise their immediate
supervisors, in writing, of the medication being used and the possible effects of such medication,
prior to the employee commencing work. Such written notification must be provided through the
use of a Prescription`or "Over-the=Counter" Medication Notification Form to be developed by
the Director of Personnel. If an employee is uncertain as to the potential effects of a particular
medication, it shall be that employee's responsibility to consult with a physician or pharmacist as
to its potential effects.
When an employee notifies his/her supervisor that he/she is under the influence of prescription or
"over-the-counter" medication which causes the types of effects as noted previously, the super-
visor shall temporarily reassign the employee to other duties which can safely be performed, if
such duties are available, or shall authorize appropriate leave for the employee (i.e. sick,
vacation, personal, comp time, etc.).
It shall be the responsibility of all supervisory personnel to monitor the condition/behavior of
their employees during work hours, and when a supervisor has reasonable suspicion to believe
that an employee maybe under the influence of prescription or "over-the-counter" medication
during work hours which causes the types of effects as those previously noted, the supervisor
shall immediately relieve the employee of his/her duties and shall follow the procedures outlined
in Section 19.3 (Testing Procedures for Prescription and "Over-the-Counter" Medication") of
this Contract. Furthermore, whenever there is awork-related accident or safety violation,
supervisors shall likewise follow the procedures outlined in Section 19.3 of this Contract.
The City and the bargaining unit hereby agree that if employees work under the influence of
medication legally prescribed by a physician, or purchased "over-the-counter", which causes the
type of effects as those previously noted under this section, they shall be subject to appropriate
disciplinary action including suspension or dismissal. An employee shall be considered to be
"under the influence" of a medication when any amount of such medication (or any of its
metabolites) is found to be present in the employee at or above the lowest recognized scientific
standard utilized by the laboratory selected by the Employer for evaluating the presence of such
substances in the system.
~ Tec ingProcedLres For Prescription or "Over-the-('oLnter"Medication. When a
supervisor has reasonable suspicion to believe that an employee maybe under the influence of
medication legally prescribed by a physician, or purchased "over-the-counter", which causes the
effects identified under Sections 19.2 of this Contract, that supervisor shall require the employee
to submit upon request to a urinalysis or blood test to detect the presence of such prescription or
"over-the-counter medication" in his system. Further-more, whenever there is awork-related
accident or safety violation, supervisors shall likewise require the employee to submit upon
request to the same tests to detect such prescription or "over-the-counter" medication.
Employees who are directed to submit to testing shall be required to sign a consent form, which
includes consent that notice of the test results will be released to the Director of Personnel &
Purchasing, or in his absence, the City Manager.
The City and the bargaining unit hereby agree that if employees are required to submit to testing,
27
failure or refusal to submit to the testing may result in appropriate disciplinary action which may
include suspension or dismissal. The actual discipline to be imposed shall take into
consideration all facts and circumstances including the expressed reasons for the employee's
refusal, the need for~the testing,~the Employee's-desire for rehabilitation, and the employee's job
performance.
Testing for prescription or "over the counter" medication shall be conducted in the following
manner:
A. Employees required to submit to testing shall be escorted to a designated testing
laboratory after receiving approval from the City Manager or Director of Personnel &
Purchasing. After specimen collection, the employee shall be escorted home. Employees
will not receive regular pay for the time they are sent home if found to be under the
influence of prescription or "over-the-counter" medication which causes the effects
previously noted. The employee shall be permitted to return to work after the test results
have been received by the City, unless otherwise specified by the City.
B. In screening for the presence of prescription or "over-the-counter" medication, the City
shall use a generally accepted screening procedure. Whenever an employee is required to
provide urine or blood for the screening procedure, the employee shall be required to
provide two specimens at the time of collection in order to facilitate the screening
procedure.
C. When such screenings are performed, the threshold level for determination shall be
established in accordance with generally accepted medical procedures and existing laws
or regulations.
D. In testing for the presence of prescription or "over-the counter" medication, the City shall
} submit the first specimen for testing to a certified laboratory. If prescription or "over-the-
counter" medication is found in the first specimen, then that same specimen shall be
submitted for further verification (confirmatory) testing.
E. If both initial and verification (confirmatory) tests are positive for prescription or "over-
the-counter" medication, the Director of Personnel & Purchasing shall contact the
employee. The employee must then decide whether or not he/she wishes the second
specimen provided at the initial collection to be further tested by the City. If the
employee so requests, then the second specimen shall be tested by the City using a
second certified laboratory.
F. If the employee does not request the screening of the second specimen after the initial
specimen tests positive, or if the employees does request the testing of second specimen
and it also tests positive, corrective action shall be taken.
28
ARTICLE 20
LAYOFFS
Section 20.1 i,a~Offs• Whenever there is a lack of work or a lack of funds requiring a reduction
in the number of employees of the City, the City Manager shall determine the job classifications
in which such reduction shall be made and the number to be laid off. Employees shall be laid off
at the time and in the number specified by the City Manager in the inverse order of their
seniority. Within the affected job classifications, all part-time, temporary and seasonal
employees would be laid off first, then probationary employees, followed by regular employees.
Section 20.2 ('all-back. When employees are laid off as specified in Section 20.1, their names
shall be placed on a Re-employment Eligibility List established by the Division of Personnel.
When the work or financial situation permits, those employees who have been laid off shall be
called back to work and reinstated to the job classification they held before layoff with the same
status and seniority as they had at the time of layoff, in inverse order of their layoff, if they are
available. If not available within fourteen (14) calendar days of call-back notification, or if they
decline anoffer of re-employment, or if they do not respond to the City within fourteen (14)
calendar days of call-back notification, their names shall be removed from the Re-Employment
Eligibility List. The Re-employment Eligibility List shall be valid for two years from the date of
original creation unless said list is exhausted prior to the completion of the two year time frame
due to the re-employment of all individuals on said list, the removal of all individuals' names
from said list for reasons ofnon-availability or declination of re-employment, or any
combination thereof. Call-back notification shall be provided to laid-off employees by certified
mail addressed to the last known mailing address of said laid-off employees. It shall be the
responsibility of the laid-off employees to keep the Division of Personnel advised of their current
mailing address.
ARTICLE 21
MISCELLANEOUS
Section 21.1 a~f~ Fqu_i.pments 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 21.2 ('ontract Co~ies• As soon as is possible following the signing of this Contract,
29
the Employer and the F.O.P./O.L.C. 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
F.O.P./O.L.C. shall be responsible for distribution of copies to current members and the
Employer shall be responsible for distribution of copies to new members who are hired during
the term of this Contract.
~~~ Section 21.3 1YIaiL Mail which is addressed to an employee shall not be opened by anyone
other than the employee to whom it is addressed, unless the employee has specifically provided
written authorization to the contrary or it is reasonable to assume that the contents of the mail
~'~ ~° likely involves other work-related activities to which prompt review, attention, and/or response
may be required. If someone other than the employee to whom the mail is addressed opens the
mail, they will sign their name, date and time on the outermost piece of that mail. Mail that is
not 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 21.4 Rp~mbLrcem n for xnensec 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 current rate established by Internal Revenue Service (IRS). It is
recognized that the Employer has the right to promulgate reasonable regulations pertaining to
reimbursement for expenses and travel. Where overnight lodging is provided at the City's
expense, an employee will only be reimbursed for mileage to and from the training facility on
one occasion each way unless otherwise approved or directed by the Chief. All other travel is
considered to benon-work-related and non-reimbursable.
ARTICLE 22
RATES OF PAY/WAGES
Section 22.1 Wages. The following straight time annual wage rates shall be paid to employees
within the Communications Technician classification effective December 1, 1996 through
December 31, 1997:
Step 1 - $22,672.00
Step 2 - $23,608.00
Step 3 - $24,544.00
Step 4 - $25,480.00
Step 5 - $26,416.00
Step 6 - $27,352.00
Step 7 - $28,288.00
Step 8 - $29,224.00
Step 9 - $30,160.00
Step 10 - $31,096.00
Step 11 - $32,032.00
30
Effective January 1, 1998 through December 31, 1998, the following straight time annual wage
rates shall be paid to employees within the Communications Technician classification:
Step 1 - $23,578.88 Step
Step 2 - $24,552.32 Step
Step 3 - $25,525.76 Step
Step 4 - $26,499.20 Step
Step 5 - $27,472.64 Step
Step
6 - $28,446.08
7 - $29,419.52
8 - $30,392.96
9 - $31,366.40
10 - $32,339.84
11 - $33,313.28
Effective January 1, 1999 through December 31, 1999, the following straight-time annual wage
rates shall be paid to employees within the Communications Technician classification:
Step 1 - $24,522.03
Step 2 - $25,534.44
Step 3 - $26,546.79
Step 4 - $27,559.17
Step 5 - $28,571.54
Step 6 - $29,583.92
Step 7 - $30,596.30
Step 8 - $31,608.68
Step 9 - $32,621.06
Step 10 - $33,633.43
Step 11 - $34,645.81
Section 22 2 ADnointment and Advance Step H~ irin~ The City Manager, when making
appointments to the Communications Technician classification, shall be authorized to recognize
the overall qualifications of candidates in determining their placement within the wage structure.
Section 2~ S et p Advancement. Following the employee's initial appointment to a position
within the Communications Technician classification, advancement to successive steps within
the wage structure shall occur annually on the employee's anniversary date.
Section 22.4 Annli a ion of Pay Rates. The rates of pay set forth in Section 22.1 are based
on full-time employment of forty (40) hours in a work week and 2,080 hours in a work year.
These rates shall be used to calculate wages for hours in paid status for the appropriate step.
"Paid Status" shall include all hours in approved paid leave including vacation, injury, military
(active duty), personal, compensatory time, sick leave, etc.
Section 22 5 I on~evity Pav. All employees shall receive, in addition to the pay rates
established in Section 22.1, a longevity payment based upon completed years of service with the
City according to the following schedule.
The following schedule shall be effective on the execution of this Contract:
Comnl= eted Years of Service ~o~
Four (4) through six (6) years $525.00
Seven (7) through ten (10) years $675.00
Eleven (11) through fourteen (14) years $775.00
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Fifteen (15) through nineteen (19) years $875.00
Twenty (20) or more years $950.00
Longevity pay shall be issued during the-pay period in which the employee's anniversary date of
appointment falls. In the event the employee wishes to receive his longevity pay on December
15th of each year, he must deliver a memorandum directly to the payroll clerk, at least thirty (30)
days prior to his anniversary date requesting such payment. The employee will be paid in one (1)
lump sum in the form of a regular paycheck for that given pay period which will be taxed at the
employee's W-4 rate. Any memorandum requesting a change in payment date shall remain in
effect until otherwise requested by the bargaining unit member.
Section 22.6 Shift Differential. Shift differential pay shall be provided as follows, excluding
hours in paid status while on approved leave and off-duty court-time hours:
A. For employees regularly assigned to first shift, shift differential shall be applied to any
hours worked between the hours of 5 pm and 6:45 am.
B. For employees regularly assigned to second or third shift, shift differential shall be
applied to any hours worked.
Shift differential pay shall be applicable to actual hours worked. Shift differential shall not be
paid in addition to regular pay for any hours spent on approved paid leave, with the exception of
leave due to mandatory training, which shall qualify for shift differential pay. Mandatory
training is defined as classes/coursework where employee attendance is required by the Division.
Time spent in optional training programs shall not qualify for shift differential pay. If authorized
overtime occurs in conjunction with the regular workday, the shift differential shall be paid for
each hour of overtime worked as specified above. If shift differential pay is applicable, and
overtime occurs, the shift differential pay shall be added to the base hourly rate prior to
computing the overtime rate. Shift differential pay will be paid on a bi-weekly basis and will not
be cumulative under any circumstance.
Effective upon execution of this Contract, and continuing through December 31, 1999, the shift
differential rate will be $.30/hour.
ARTICLE 23
HOURS OF WORK AND OVERTIME
Section 23 1 Workweek. The workweek normally consists of forty (40) hours based on five (5)
consecutive eight (8) hour work days followed by two (2) consecutive days off.
Section 23.2 Overtime. Employees shall be compensated at straight-time rates for all hours
worked, as well as in paid stat-us, except that all hours worked, or in paid status, in excess of
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forty (40) hours in any workweek shall be compensated for at a rate oftime-and-one-half (1-1/2).
Employees shall be paid at double time on the seventh consecutive day of work within a given
work-week, 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 same.
Section 23.3 Overtime Rotation.
A. With the exception of the use of part-time dispatchers, solely in the circumstances and for
the reasons set forth in para-graph (D.), beginning in the pay period immediately
following the execution of this Contract and on January 1 of each year thereafter, the City
shall offer each employee, in the order of their seniority, from most senior to least senior,
the opportunity to work scheduled overtime, provided that sufficient opportunities exist.
Upon completion of this seniority offering, the City shall rotate scheduled overtime
opportunities among full-time dispatchers by offering subsequent scheduled overtime
opportunities to the dispatcher with the least amount of credited overtime. Toward this
end, the City shall post and maintain an overtime roster. This roster shall include a list of
dispatchers and an updated total of hours worked and hours refused by each employee.
Hours refused by a dispatcher shall be credited in the same manner as hours actually
worked. Inability to contact a dispatcher shall not count as a refusal and date and time of
the attempt to contact the dispatcher shall be noted on the log. Errors in the distribution
of overtime opportunities shall be corrected at the next opportunity for overtime.
Scheduled overtime opportunities are those known to the employer twenty-four (24)
hours in advance.
B. Incidental overtime opportunities, which result from last minute call-offs or other
unforeseen circumstances, shall be first offered to the full-time dispatchers working the
previous contiguous shift, in order of overtime hours credited, from least to most. If the
opportunity is refused, it shall be offered to full-time dispatchers scheduled for the
contiguous shift immediately following the shift on which the opportunity occurs. This
offering shall be made on the same basis. Incidental overtime worked or refused shall be
credited on the overtime roster referred to in paragraph (A.). Incidental overtime
opportunities are those known to the employer less than twenty-four (24) hours in
advance.
C. If the proper procedure above has been followed and sufficient manpower has not been
obtained to fill the overtime opportunity, then the City may fill the remaining manpower
requirement for the overtime detail by either offering the opportunity to a part-time
dispatcher or by mandatory assignment of the dis-patcher who can be located for work,
who has the least number of overtime hours. Mandatorily assigned overtime shall not be
credited to the overtime roster referred to in paragraph (B.) above.
D. Except as specified in paragraph (C.) above, part-time dis-patchers may only be utilized
to provide services for periods where full-time dispatchers are scheduled to take leave of
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twenty-four (24) working hours or greater. The part-time dispatcher may only work on
the shift on which the leave occurs. Bargaining unit members' shifts will not be modified
to accommodate the part-time dispatcher, except by mutual agreement of the parties.
Section 23.4 ('all In Pay~urt Pav. When an employee is called in or scheduled in advance
for work by an appropriate supervisor, and the employee reports for said work more than thirty
(30) minutes after the completion of his shift, the employee shall be paid or credited with a
minimum of three (3) hours at the appropriate over-time rate. This provision shall apply portal to
portal to employees called in from off-duty for court appearances. Employees, otherwise off
duty, who are required by the Court to be and remain available for work-related court sessions,
shall be compensated at the overtime rate for such time not to exceed two (2) hours in duration.
In order to be compensated for more than two (2) hours at the appropriate overtime rate for said
purpose, the employee must provide appropriate justification from the Court that he was required
to remain available for said time in excess of two hours.
Section 23 5 Compensatory Time. At the election of the employee, overtime maybe
compensated with compensatory time off in accordance with the provisions of the Fair Labor
Standards Act. Such compensatory time off shall be equal to one and one-half (1-1/2) times or
two (2) times, whichever maybe applicable, for each one (1) hour of overtime worked. The
maximum number of accumulated compensatory hours permitted in an employee's compensatory
time bank, at any point in time, shall be two hundred forty (240). After an employee's maximum
compensatory time bank has reached 240 hours, all additional overtime for such employee shall
be paid at the appropriate overtime rate. If at the end of each calendar year (December 31,) the
employee has 190 hours of compensatory time in his compensatory time bank, he shall be
permitted to convert up to fifty (50) hours of compensatory time in said bank to cash. The
calculation for converting Compensatory Time to cash shall be the employee's established hourly
rate of pay multiplied by the number of hours the employee desires to convert. In the event the
employee wishes to exercise this option, it shall be his responsibility to forward a memorandum
to the Department of Finance specifying the number of hours he wishes to convert to cash, prior
to the end of the first pay period in the new calendar year. The cash conversion will then be paid
in the form of a separate payroll check and shall be forwarded to the employee on the scheduled
pay date at the conclusion of the second pay period in the new year.
cP~t:~~ ~.~ ~ Pavmpnt Fnr Accrued Comnensatorv Time Upon enaration. An employee
who has accrued compensatory time shall, upon the termination of employment for any reason,
be paid for the unused compensatory time at the rate of pay received by the employee at the time
of separation. In the event of any employee's death, such compensation shall be paid to the
employee's surviving spouse or, secondarily, his estate.
Section 23.7 Tice of Comnencatorv 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. The notice period maybe waived in cases where circumstances make
compliance impracticable. Requests for eight (8) or less consecutive hours use maybe submitted
with less than seventy-two hours' notice and maybe approved, as scheduling and operational
34
needs of the Division permit such usage. Compensatory time maybe requested in multiples of
one-quarter hours.
ARTICLE 24
RATES FOR EMPLOYEES FOLLOWING CERTAIN PERSONNEL ACTIONS
Section 24.1 RetLrn to DLty. Any Communications Technician who voluntarily resigns, may
be reinstated as a full-time Communications Technician if there is a need for his services within
two (2) years after the date of resignation, subject to approval by the City Manager. If there is no
vacancy at the time of request for reinstatement, the Personnel Director shall place the name of
said applicant at the top of the appropriate re-employment list for the remainder of the two (2)
year period.
Section 24.2 RetLrn from Military Service. Pursuant to the Ohio Revised Code Section
4903.03, 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 is subsequently reinstated to
employment with the City, shall be entitled to receive compensation at the Step rate to which the
employee would have been entitled had service with the City not been interrupted by service in
the Armed Services.
Section 24.3 Reinstatement from ALthor'zed .eave Time spent on authorized leave shall be
credited for purposes of step advancement and shall not constitute a break in service.
ARTICLE 25
UNIFORMS, EQUIPMENT, PERSONAL PROPERTY AND REPLACEMENT
Section 25.1 Initial TscLe Effective January 1, 1997, all Communications Technicians shall be
entitled to the items listed below:
6 short-sleeve shirts (specifications to be determined by Chief of Police)
61ong-sleeve shirts (specifications to be determined by Chief of Police)
6 pair of pants (specifications to be determined by Chief of Police)
1 pair all-season black uniform shoes
1 sweater (specifications to be determined by Chief of Police)
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1 Headset w/Earpiece
1 Black uniform belt (specifications to be determined by Chief of Police)
Section 25.2 hang4' in IcsLance. Should the required issuance of uniforms, uniform parts, or
equipment for the Communication Center be changed by the City, all employees within the
bargaining unit shall be provided the new uniforms, uniform parts, or equipment at no cost to the
employee.
Section 25.3. Uniform and Eq~,iinm,__~ ent Replacement Anytime an employee needs any
uniform or equipment item(s) replaced due to normal wear and tear,. the employee shall submit a
request to the Chief Communications Technician for the replacement thereof. At the time the
request is submitted, the employee must turn-in the item(s) in question to the Chief
Communications Technician. The Chief Communications Technician shall properly evaluate
the need for replacement and if a valid need indeed exists for the replacement of such items,-the
Chief Communications Technician shall forward such request and item(s) to the individual
within the Division with the assigned responsibility for approving the replacement of such
item(s). If such request is subsequently approved, the individual responsible for uniform &
equipment ordering shall process an order as expeditiously as possible for the replacement of
requested item(s).
Section 25.4 Dry leani /Laundering. The Employer shall provide uniform cleaning at no
cost to the employee. In any week, an employee shall be entitled to have laundered/cleaned up to
ten (10) uniform items. The City shall designate a dry cleaning service or services where
uniforms are to be cleaned and the City shall have the exclusive authority to contract for the
provisions of such services.
Section 25.5 Damag_~d c roved~i nct Personal Property In general, personal property of
an employee, previously approved for City use, which is damaged or destroyed in the line of duty
shall be re-placed by the City, via a reimbursement procedure, up to a maximum of $100.00 on a
per occurrence basis. Requests for replacement of damaged personal property must be submitted
in writing to the Chief identifying the circumstances under which the damage occurred and the
type, brand name, model, value, condition prior to damage, etc. of said property, together with
the damaged property. If such request is subsequently approved, the employee shall be
reimbursed for the purchase of replacement personal property which, in all respects, is
substantially similar to that which was damaged, up to the maximum value identified above,
provided that the employee submits a valid receipt identifying the type, brand name, model,
dollar amount, etc. of the property purchased as a replacement. Specific exceptions to the above
mentioned $100.00 maximum reimbursement shall include eyewear, the maximum
reimbursement for which shall be the replacement value of the eyewear.
Personal property of an employee, previously approved for City use, which is lost in the line of
duty, maybe replaced, via a reimbursement procedure, in full or partial value, up to a maximum
value of $100.00 or a per occurrence basis, if it can be shown that reasonable precautions had
been taken to prevent such loss. Requests for replacement of lost personal property must be
submitted in writing to the Chief identifying the circumstances under which the loss occurred
36
and the type, brand name, model, value, condition prior to loss, etc. of said property. If such
request is subsequently approved, the employee shall be reimbursed for the purchase of
replacement personal property which, in all respects, is substantially similar to that which was
lost, up to the maximumvalue identified above, provided that the employee submits a valid
receipt identifying the type, brand name, model, dollar amount, etc. of the property purchased as
a replacement. Specific exceptions to the above mentioned $100.00 maximum reimbursement
shall include eyewear, the maximum reimbursement for which shall be the replacement value of
the eyewear.
For purposes of this Section of the Contract, "personal property" shall not include uniform parts
or equipment identified under Section 25.1 ("Initial Issue") as those items shall be replaced on an
"as needed" basis by the City.
Section 25.6 Termination. Upon termination, employees shall return to the Division all
Division-issued uniforms and equipment in good condition, minus normal wear.
ARTICLE 26
VACATION LEAVE
Section 26.1 Vaca .ion Year. The vacation year for employees shall end at midnight on
December 31 of each year.
Section 26.2 ('onditionc for Accrual. Employees shall accrue vacation leave per pay period at
the annual rate set forth in Section 26.3. In addition, an employee shall not earn his full vacation
accrual in a given pay period unless he is in full pay status (i.e. on duty or on approved leave
with pay) in the entire pay period. In the event an Employee is not in full pay status during the
entire pay period, he shall accrue vacation on a pro-rated basis taking into account the number of
hours in full pay status during the pay period and his rate of accrual at that given time. The
formula for pro-rating the employee's accrual under such circumstances shall be the number of
hours in full pay status multiplied by the converted hourly accrual rate.
An employee who has prior public service with any state government, or any political
subdivision thereof, may receive credit for his prior service with such entity for'the purpose of
computing the amount of his vacation leave with the City, if the nature of said service is relevant
to the nature of his service with the City of Dublin.
A new employee of the City with less than one (1) year of prior public service, as described
under this Section shall not, within the first six (6) months of his employment with the City,
accrue or use vacation leave and, during the remaining six (6) months of his first year of
37
employment, said employee shall accrue and be entitled to use up to a maximum of 40 hours of
vacation leave.
A new employee of-the- City, with more than one (1) year of prior public service, as described
under this Section, shall be entitled to accrue vacation leave immediately upon appointment,
pursuant to the schedule and conditions established in this Section, provided that proper
verification of said prior public service is received by the City, and said employee shall be
entitled to use vacation leave after three months of service.
Section 26.3 Vacation Accrual Schedule. Each employee shall be entitled to vacation leave
based upon the following vacation accrual schedule:
Completed Years
of Public ervice
Paid Vacation
(Ho arc Per Yearl
0 - 1 Year
2 - 4 Years
5 - 10 Years
11 - 15 Years
16 - 20 Years
21 Years or More
40 Hours
108 Hours
140 Hours
168 Hours
186 Hours
216 Hours
Section 26.4 Vacation Carrv-Over. An employee may carry over from one calendar year to
another a maximum of 160 hours of vacation leave previously earned but not used.
Section 26.5 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 of each year, the Division shall post a vacation schedule.
Employees shall submit written requests for vacation leave by February 1. In cases of
conflict, seniority shall control as to granting of requests of vacation leave. In the event
an employee's request is disapproved, that employee shall have seventy-two (72) hours to
resubmit an alternate request for consideration. During said seventy-two (72) hour period
of time, vacation requests from other employees with less seniority shall not be approved.
In the event the employee does not resubmit his alternate request within said 72 hour time
period, vacation requests from other employees with less seniority may then be approved.
B. ('acual Scheduling. For other than annual scheduling, employees may"request
occasional use of vacation leave on a first-come first served basis.
C. Vacation leave may be taken in multiples ofone-quarter (1/4) hour.
2~ Ratec of Pay for Vacation Hours. All vacation hours shall be paid at the applicable
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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.
24,1 Payment for AccrLed Vacation T eave on R ignation/Separation and Death
Employees are encouraged to utilize the vacation benefit for the purpose for which it is intended
- e.g. rest, relaxation, travel, etc. Therefore, payment for accrued vacation leave in lieu of actual
use shall not be approved, except when an employee resigns from employment with two weeks'
notice, is terminated by the City, dies, or is laid off. In such cases where payment for accrued
vacation leave is authorized in lieu of its actual use, the maximum amount of vacation for which
the employee may receive payment shall not exceed one hundred sixty (160) hours. In the event
of an employee's death, compensation for unused vacation leave shall be paid to the employee's
surviving spouse or, secondarily, his estate.
ARTICLE 27
HOLIDAYS
Section 27.1 Paid Holiday. The following are designated as paid holidays for bargaining unit
employees:
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
Section 27 2 SnPCial 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 27.3 Holiday Work. Each holiday which is observed on an employee's regularly
scheduled workday shall be worked by the employee unless the employee is excused from work.
However, the Division may schedule the work force as necessary to provide adequate coverage
to the City.
Employees may request to be scheduled off on a particular holiday by timely request to the Chief
of Police. Such request maybe granted provided that the request would not affect the normal
operations of the Division or the normal level of service to the community. Conflicts involving
multiple requests shall be resolved on afirst-come-first-served basis.
39
Section 27.4 Holiday Paves.
A. If a holiday falls on an employee's regularly scheduled day off and the employee is not
required to work the holiday, or if the employee is excused from work, the employee
shall receive eight- (8) hours`of compensatory time at the straight time rate, provided that
the employee was not absent without authorized leave on either the workday before or
after the holiday. An employee on sick leave the workday before or after the holiday may
be required to present a doctor's certificate in order to receive credit for eight (8) hours of
compensatory time.
B. When an employee works a holiday on his regularly scheduled workday, he shall be
entitled to:
Straight time pay for all hours worked if eight (8) hours or less are worked, and
the double-time for any hours worked in excess of eight (8) hours;
2. At the employee's option, eight (8) hours' pay or eight (8) hours' compensatory
time at the straight time rate;
3. One (1) hour of compensatory time at the straight time rate for each two (2) hours
worked, to a maximum of four (4) hours' compensatory time.
C. When an employee works a holiday on his regularly scheduled day off he shall be entitled
to:
1. Double time pay for all hours worked;
2. At the employee's option, eight (8) hours' pay or eight (8) hours' compensatory
time at the straight time rate.
ARTICLE 28
PERSONAL LEAVE
Section 28.1 Allocation & Uca~e of .eave. Effective January 1 of each year under this
Contract, each employee shall receive 32 hours (4 days) of Personal Leave. However, in the
event an individual is appointed on or after November 1 of any given year under this Contract,
said individual shall receive only one (1) day of personal leave. Personal leave may be used by
the employee provided that said leave is approved in advance by the employee's immediate
supervisor or other appropriate administrative superiors. 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. Conflicts involving multiple requests for
the same period of leave shall be resolved on afirst-come-first-served basis.
40
Section 28.2 Payment for Unused Personal Leave iTuo~ n Resign~tiQnl~enaration or Death
In the event that an employee is laid off from City service, said employee shall be compensated
for all unused personal leave at the~rate ofpay in effect at the time of lay-off. In the event that an
employee is terminated or resigns from City service, said employee shall also be compensated
for all unused personal leave at the rate of pay in effect at the time of termination or resignation,
with the exception that said employee will not be eligible for such compensation if said
,~ employee is terminated or resigns within his/her first six (6) months of employment.
Furthermore, in the event that an employee resigns or separates service without providing at least
ten (10) calendar days' written notice prior to his/her last working day, said employee shall forfeit
•~ his/her right to compensation for such unused personal leave.
ARTICLE 29
INSURANCE
Section 291 Medical .n al, & Vicion Benefits The City shall make available group
medical, prescription drug, dental, and vision benefits to all employees and dependents who meet
the eligibility requirements of the plan. Said benefits will be made available with no contribution
on the part of the employee other than the required deductibles, co-payments, co-insurance, and
annual out-of-pocket maximum associated with the program. The plan design of this program
shall be substantially the same as that in effect on November 30, 1996 and shall remain in effect
until December 31, 1999, with the exception of the following:
• That effective on the date of contract execution, the general co-insurance provision shall
be changed from 80/20 to 90/10. (Existing 80/20 co-insurance provisions for outpatient
'""`~ mental, nervous, drug & alcohol benefits and outpatient diagnostic, X-ray, and lab
benefits shall remain unaltered.)
~``~ Section 29.2 I iability Insurance The Employer shall maintain Law Enforcement Liability
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. Whether or not insurance coverage is available, the
employee shall be indemnified and held harmless by the City, provided the employee acted
within the scope of his assigned duties in the situation/ incident out of which a claim or lawsuit
arises.
Section 29 3 hang4 in arriers. If it becomes necessary to change carriers (medical, dental,
vision, and life insurance benefits only), 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.
Section 29.4 i ife Insurance The City shall provide group term life insurance coverage in the
41
amount of $40,000 for each employee with the full premium for said coverage paid by the City.
ARTICLE 30
SICK LEAVE
Section 30.1 flick T eave AccrLal All employees shall be entitled to sick leave with pay at the
rate of 5.54 hours per pay period. Sick leave with pay shall accrue without limitation, with the
exception that an employee shall earn the full sick leave accrual each pay period only if the
~" employee is in full pay status for the entire period. In the event the employee is not in full pay
status for the entire pay period, he shall accrue sick leave at the rate of .069 hours for each one
(1) hour in full pay status during the pay period. New employees shall be granted sick leave at
the date of their employment and "advanced" three (3) days of sick leave. However, no
additional sick leave will be allowed to accumulate until the end of the third month of
employment.
Section 30.2 Tice of Sick T.eave Sick leave with full normal pay shall be granted for the
following reasons:
A. Actual illness or disability of the employee;
B. Illness or disability of one or more of the employee's immediate family members,
requiring the employee's personal care and attendance. Immediate family, for the purpose
of this section, is defined as mother, father, spouse, son, daughter, step-son, step-
daughter, legal guardian, or someone who stands in place of a parent. Bargaining unit
members shall be permitted to petition the City Manager for usage of sick leave for
illness of family members outside the definition of immediate family. The parties agree
that the City Manager shall evaluate such requests and may, on a case-by-case basis,
approve such requests, at his discretion.
C. Enforced quarantine of the employee in accordance with community health regulations.
D. Necessary appointments with physicians and dentists.
E. Where injury leave has expired and the employee must be absent from work for an
additional period.
In order to qualify for sick leave payments, the employee must notify his supervisor not later
than one (1) hour before his normal starting time on the first day of absence, unless the
circumstances surrounding the absence make such reporting impossible, in which case such
report must be made as soon as possible. Sick leave for doctor or dentist appointments must be
requested forty-eight (48) hours in advance, except in emergency situations.
Absence from work due to a non-duty incurred illness or injury will be compensated for by use
42
.~
of sick leave.
In the event an employee requests sick leave for a period of longer than two (2) consecutive days,
or for the day immediately preceding or following a holiday, he/she may be required by the Chief
Communications Technician to submit a doctor's certificate verifying the illness and justifying
the necessity of the absence. If the Chief Communications Technician determines that an
employee's use of sick leave is not justified, the Chief Communications Technician shall have the
authority to charge the absent time to the employee's vacation, personal leave, or compensatory
time balance or to record the absent time as leave without pay.
`~ The City Manager, assisted by all supervisory personnel, shall be responsible for preventing
abuses of sick leave. Sick leave shall not be considered leave time which an employee may use
at his discretion for personal business. The employer may require medical proof of the necessity
for said sick leave, in which event the involved employee shall be required to produce a
statement from a medical doctor certifying to the necessity of such absence. In the event the
employee fails to submit adequate proof of the necessity for sick leave, such leave shall be
considered unauthorized leave and shall be without pay. If an employee is found to have abused
this sick leave policy, he/she shall be subject to disciplinary action, including possible
suspension or dismissal.
In the case of pregnancy, the pregnant employee will be permitted to continue working as long as
she is physically capable to do so with the approval of her physician and supervisor. "Physically
Capable" shall mean the ability to satisfactorily perform the normal job duties of the position to
which the employee is assigned, as determined by the City. If deemed necessary by the Chief
Communications Technician, the employee must provide certification from a doctor of her
choice that continued employment will not be detrimental to the employee's health.
Vacation leave, personal leave, or compensatory time maybe used to supplement sick leave
when the latter is exhausted. All sick leave shall be requested by use of the established Leave
Request Form.
Absence for a fraction of a day that is chargeable to sick leave in accordance with these
provisions shall be charged proportionately in one-hour increments.
Section 30.3 Payment for Unused ick T,eave
A. After at least ten (10) complete years (i.e. 120 months) of continuous service with the
City, an employee, who is laid off or who qualifies for retirement benefits under the State
of Ohio's "Public Employees Retirement System", and actually retires from City Service,
shall be entitled to receive payment for accrued unused sick leave. The rate of pay for
such unused sick leave shall be at the employee's straight time hourly rate of pay at
separation multiplied by one-third (1/3) of the total number of accrued sick leave hours.
Total payment under this provision shall not exceed 540 hours (67.5 paid days). In the
event an employee dies while in the employ of the City, except as provided in paragraph
(B) of this section, and the employee qualifies for his respective retirement/pension fund,
43
his spouse, or secondarily, his estate shall be paid the aforementioned rate of redemption
for accrued unused sick leave.
B. If an employee is killed while performing his authorized, assigned job duties, his
surviving spouse, or secondarily, the estate, shall be paid for one hundred percent (100%)
of the value of the employee's accrued but unused sick leave, at the straight time rate in
effect at the time of death. The amount so paid shall constitute payment in full for all
""~" accrued and unused sick leave credited to the employee.
Section 30.4 Sick Leave Transfer from Prior Public Employer. Any employee who has
'"`"" accrued sick leave with the State of Ohio or any political subdivision of the State shall be entitled
to have this accrued sick leave transferred to the City of Dublin, provided the employee was
hired by the City within ten (10) years of resignation/separation from the prior public Employer,
and provided the City receives written verification of such prior service from the prior public
Employer.
ARTICLE 31
INJURY LEAVE
Section 31.1 ~]~3' Leave with Pav. When an employee's absence from work is necessitated
because of an illness or injury incurred while on the job with the City and said illness or injury is
compensable under Ohio Worker's Compensation Law, injury leave shall be granted for a period
not to exceed one hundred eighty (180) calendar days. Such leave shall be granted by the City
Manager, or his designee, based upon the recommendation of the Chief of Police and upon
submittal by the employee of a statement from a licensed physician justifying that the employee
is unable to return to full work status due to the illness or injury. Such leave shall not be charged
against the employee's sick leave balance unless it is determined that the illness or injury is a
non-work-related illness or injury and is not compensable under Ohio Worker's Compensation
Law. In order to be eligible for injury leave, the employee must report the illness/injury to his
supervisor within three (3) work-days of the incident giving rise to the illness/injury.
Simultaneously with the request for injury leave, the employee shall also make application and
actively pursue a claim for lost wage benefits under Ohio Workers' Compensation Law. If the
application for benefits is granted and the claim allowed, the City's obligation under the
continued use of injury leave shall be the monetary difference between the employee's regular
rate of pay and benefits received under the Workers' Compensation system.
In cases where injury leave or medical leave are necessary, the Chief of Police may internally
address alimited-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
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result of each incident of awork-related illness/injury, rather than limitations on leave to be
granted in any one calendar year or other unit of time.
ARTICLE 32
SPECIAL LEAVES
Section 32.1 i.eave Without Pav. Leave without pay maybe granted, upon the approval of the
City Manager, or his designee, if request-ed in writing by the employee. An employee on leave
without pay shall not accrue sick leave or vacation benefits and, for non-medicaUnon-family
leave situations or for the period beyond twelve (12) weeks of family or medical leave, the
employee will also be required to pay 100% of the cost associated with maintaining his medical,
dental, vision, and/or life insurance coverages if he wishes any or all of said coverages 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 maybe granted for:
A. Personal Leave. A leave without pay maybe granted at the discretion of the City
Manager, or his designee, for personal reasons not to exceed thirty (30) days without loss
of seniority, if the employee can be spared. This maybe extended only with the written
approval of the City Manager, or his designee, and must be submitted in writing a
minimum of two weeks prior to the requested date of the extension.
B. FxtPnded Illness or Accident j.eave A leave without pay maybe granted to an
employee for a period not to exceed one (1) year without loss of seniority when such
employee is physically unable to report for work because of illness or accident. The
employee must promptly notify his supervisor of the necessity therefore (and the
supervisor shall transmit the request to the City Manager, or his designee, for approval),
and the employee must supply certification from a qualified physician attesting to the
necessity for such absence.
C. Ma rnity T.eave. A maternity leave without pay maybe granted to an employee
without loss of seniority upon approval of the City Manager, or his designee. Extension
of the leave maybe granted for a period not to exceed one (1) year, if the 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 part of
that period.
D. Mili a T.eave (Active Dutyl. Except as may otherwise be specifically provided herein,
an employee maybe granted a leave of absence without pay to be inducted into or
otherwise enter the military on an active duty basis.
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Section 32.2 Leave with Pav. Leave with pay maybe granted upon the approval of the City
Manager, or his designee, to an employee in the following instances:
A. Court Leave. Leave with pay maybe 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.
B. Bereavement Leave. In the event of a death in an employee's family, the employee shall
be entitled to up to three (3) consecutive paid work days for a funeral service and/or
burial, charged against the employee's existing sick leave balance, and an additional two
(2) days, also charged against sick leave, for such services out of state, if needed for these
purposes. Additional days of sick leave maybe approved by the City Manager, or his
designee, on a "case-by-case" basis, given the merits of each particular set of
circumstances. The family, for purposes of bereavement leave, shall include: spouse,
son, daughter, brother, sister, parent, legal guardian, person who stands in place of a
parent, grand-parent, grandchild, step-father, step-mother, step-brother, step-sister, step-
son, step-daughter, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-
law, sister-in-law, grandparent-in-law, half brother and half sister, or any other relative
living in the home of the employee.
C. Mili arv Reserve j,eave 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 any one (1) calendar year. An employee qualifying
for paid military leave shall be paid his regular compensation less whatever compensation
the employee may receive for such military service.
D. Pursuant to the Family and Medical Leave Act of 1993, FMLA leave maybe granted to
--~ an employee who has been employed for at least twelve (12) months by the City and who
has provided at least 1,250 hours of service during the twelve (12) months before the
leave is requested. The leave maybe granted up to a total of twelve (12) weeks during
any twelve (12) month rolling period for the following reasons:
• Because of the birth of a child or placement for adoption or foster care of a child;
• In order to care for the spouse, son, daughter, parent, or one who stood in place of
a parent of the employee, if such spouse, son, daughter, parent, or "in loco
parentis" has a serious health condition;
• Because of a serious health condition that makes the employee unable to perform
his/her employment functions.
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The employee must provide the employer with thirty (30) days advance notice of the
leave, if such leave is reasonably foreseeable, or such notice as is practicable if thirty (30)
days notice is not possible. The employee must provide the employer with certification
of the condition from a health care provider. The employer, at employer's expense, may
require a second opinion on the validity of the certification. If this second opinion
contradicts the first opinion submitted by the employee, a third opinion, at the employer's
expense, shall be sought from a mutually agreeable physician, which shall be binding on
both the employee and employer.
An employee seeking FMLA leave must first use paid sick time (if applicable), vacation,
`" " personal leave, and compensatory time before going on unpaid leave. The total amount
of family leave paid and unpaid will not exceed a total of twelve (12) weeks. In any case
in which a husband and wife entitled to family leave are both employed by the City, the
aggregate number of workweeks of leave to which both maybe entitled maybe limited to
twelve (12) weeks taken because of the birth of a child or placement for adoption or
foster care of a child. The employee will be responsible for his/her share of the health
insurance cost (if any) during the unpaid leave. If the employee does not return from the
leave, he/she is responsible for payment to the City of the monthly Single/Family rate
paid by the City on behalf of the employee during the leave. The City may, at its sole
discretion, waive the repayment of such amount. The City will be responsible for the 30
day plan costs under COBRA.
It is intended that this Article comply with the Family and Medical Leave Act of 1993
and the City may promulgate policies in furtherance of the Family and Medical Leave
Act that are not inconsistent with this Agreement.
E. Other. Leave with pay maybe granted by the City Manager, or his designee, for good
and sufficient reasons which are considered to be in the best interest of the City, but only
in the event of extraordinary circumstances.
ARTICLE 33
TRAINING AND TUITION REIMBURSEMENT
Section 33.1 Trainiag, In recognition of the value of continuing education and professional
development of employees, the City agrees to provide training opportunities for employees
within the bargaining unit at the City's expense. This training maybe 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 maybe assigned to the employee after completion of training.
Reasonable effort shall be made to accommodate the training to the employee's regular work
schedule. The division shall endeavor to provide as much advanced notice as practical to
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employees regarding their training schedules. In that this training is awork-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 the current rate for mileage, as determined by the IRS, when an
employee is not provided with aCity-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 benon-work-related and non-
reimbursable. Bus, train, or airfare at tourists rate will be provided for lengthy trips when
travel is approved by the City Manager.
D. Hotel or motel charges when lodging is not provided as a term of tuition payment.
E. Hourly rates will be paid when schools or training are scheduled during regular working
hours.
F. All necessary tools and equipment required by the course of instruction.
..~.,
Checks maybe issued in advance for paragraphs A and D of this Section.
A. Reimbursement program. All employees of the bargaining unit may participate in the
City's Tuition Reimbursement Program. Under this program, each employee shall be
eligible for a maximum of Two Thousand Five Hundred Dollars ($2,500.00) in
reimbursement per calendar year for fees and required textbooks, and courses of
instruction voluntarily undertaken. Courses of instruction eligible for reimbursement
under this program shall include courses necessary for job-related degree programs or
courses of study not necessarily within ajob-related degree program but which are still
job-related. In addition, only coursework provided by a recognized institution (e.g.
college, university, community college, post secondary technical school, etc.) shall be
eligible for reimbursement under this program. No reimbursement shall be approved for
correspondence courses.
B. Necessary Approval. All coursework subject to reimbursement shall be transmitted, in
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advance and through the Chief of Police, to the Director of Personnel & Purchasing for
approval. The Chief of Police shall provide a written recommendation concerning
approvaUdisapproval of the request at time of transmittal to the Director of Personnel and
Purchasing: ~If practicable, an employee'shall make application for approval of
coursework at least fifteen (15) days prior to commencement of the course of study. The
Director of Personnel and Purchasing shall evaluate the employee's coursework/degree
program for job-relatedness and shall notify the employee, in writing, regarding his
approvaUdisapproval of said course-work/degree program on that basis. The City agrees
that approval of coursework/degree program will not be unreasonably withheld. An
employee may receive blanket approval for an entire degree program or a continuing
course of study if all courses within the program are identified. If all or part of the
program is approved, the employee need not reapply for approval for each course within
the portion(s) approved. If all or part of the program/coursework is disapproved by the
Director of Personnel & Purchasing, the employee may appeal, in writing, said
disapproval directly to the City Manager within 72 hours of notification from the Director
of Personnel & Purchasing. The City Manager will issue a written decision on the
employee's appeal within five (5) working days of receiving said appeal.
C. ('oLrce Attendance. Courses are to be taken on other than scheduled working hours,
unless approval is obtained from the Chief of Police, or his designee, to take such courses
on work time.
D. Reimbursement Procedure. Reimbursement shall be made upon successful completion
of a course with a grade of C (2.00) or better. The employee shall submit an official
transcript or certificate demonstrating successful completion of the course and a receipt
from the institution confirming the employee has paid for tuition, fees, and required
textbooks. Any financial assistance available to an employee shall be deducted from the
amount of tuition reimbursement that would otherwise be payable. The employee shall
not be reimbursed for incidental expenses such as paper or supplies, mileage, parking,
meals, or other expenses other than tuition, fees, and required textbooks.
ARTICLE 34
EMPLOYEE INCENTIVE PROGRAMS
Section ~4 1 Emnlo~pp Incentive Programs. Members of the bargaining unit shall be eligible
for employee incentive programs (e.g. Personal Computer Purchase Program, Wellness Program
incentives/awards, etc.) offered to other non-bargaining unit employees of the City. Eligibility to
participate in these incentive programs and receipt of any awards through these programs shall be
governed by the written program rules, regulations, and requirements as approved by the City
Manager.
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Section '~4 2 Emnlo~e iccounts Should Dublin City Council approve employee discounts in
the future, the City agrees to apply such approved employee discounts to bargaining unit
employees and non-bargaining unit employees alike. Likewise, any Council approved
modifications to present or future discounts will also be applied to bargaining unit employees
and non-bargaining unit employees alike.
ARTICLE 35
TRAINING ASSIGNMENTS
Lion X5.1 Comoen~_sation. Any bargaining unit member who serves in the capacity of a
trainer shall be entitled to one-half hour of compensatory time for each eight (8) hours of training
time spent with the trainee.
ARTICLE 36
DURATION
Section 36.1 Duration. All of the provisions of this Contract shall become effective upon
execution by both parties, unless otherwise specified. This Contract shall continue in full force
and effect until December 31, 1999.
Section 36.2 . ignatures. Signed and dated at Dublin, Ohio on or as of this th day of
FRATERNAL ORDER OF POLICE
OHIO LABOR COUNCIL, INC. CITY OF DUBLIN
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