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28-93 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No, 30043 Ordinance No. 28-93 Passed mm_ _ m mumnn mmm mnn_19n I - ------------- L- -r-~- All ORDIRAIICB Atr.rIIORIZIRG THE CITY I IlAllAGER TO BJrrBR IRTO A COHTRACT I WID THE FRATERIIAL ORDER OF POLICE i ,.... CAPI~AL CITY LODGE 19 REGARDIRG I " WAGES, BOURS, TERMS AIID COIIDI~IORS I , OF BNPLOYIIBIIT. i I ~ I WBBRBAS, pursuant to the Collective Bargaining Act (Chapter 4117 of the Ohio Revised Code) , funding for the economic provisions contained within the attached Contract between the City of Dublin and the Fraternal Order of Police, Capital City Lodge #9 must be approved by Council within thirty (30) days of introduction to Council; and WBBRBAS, the attached Contract regarding wages, hours, terms, and conditions of employment is mutually acceptable to the City of Dublin and the Fraternal Order of Police Capital City Lodge #9; ROW, THEREFORE, B'tI~ ORDAIHED by the Council of the City of Dublin, State of Ohio, of the elected members concurring: Section 1. That the City Manager be, and hereby is, authorized to enter into the attached Contract with the Fraternal Order of Police Capital City Lodge #9 regarding wages, hours, terms, and conditions of employment. Section 2. That, as referenced in Section 1.4 of the attached Contract, said Contract shall supersede and replace all applicable state and local laws which it has the authority to supersede and replace. Section 3. That this Ordinance shall take effect and be in force at ,.,.""'" the earliest point permitted by law. " Passed this /7-fA day of ~-- , 1993. ''''''- . ATTEST ~_C!..-. (7~_ Clerk of Council Sponsor: City Manager Director of Personnel and Purchasing -~t;. die . .' this Ordlnollce/~s1)~'elti9M were p . 1 hereby certify thot co,ples of" h '''ernn 731.25 c:t t\V.l Ohio ltnkN &IL ~" . ~ O.,hl"n iI" accordance w,t -~ Cll)' O. I.~." 1. t1erk of Cou1'Icil, Dublin, Ohio _,"._~__,-_,,_,_,Il_ ,T)'m,,_~ l~_ ' L. ~.,,-,.,.,^,-~--;~~' 1. ~ =,--~'. ~ . PP"~ CONTRACT BETWEEN THE CITY OF DUBLIN AND THE FRATERNAL ORDER OF POLICE CAPITAL CITY LODGE NO. 9 -- p..'fi CONTRACT PERIOD: JANUARY 1, 1993 - DECEMBER 31, 1995 ~ . rr ~" :, ,lii~ . TABLE OF CONTENTS ARTICLE 1 CONTRACT PAGE 1.1 Contract 1 1.2 Purpose 1 1.3 References 1 1.4 Applicability 1 .'i.;~ ARTICLE 2 RECOGNITION 2.1 Recognition 2 2.2 Bargaining units 2 ARTICLE 3 LODGE SECURITY 3.1 Dues Deduction 2 3.2 Fair Share Fee 3 3.3 Bulletin Boards 4 3.4 Meeting Locations 4 3.5 Ballot Boxes 4 3.6 Use of Intra-Department Mail 4 3.7 Lodge Business 5 ARTICLE 4 NONDISCRIMINATION 4.1 Joint Pledge 5 4.2 Employer Pledge 5 4.3 Lodge Pledge 5 4.4 Gender Reference 5 ARTICLE 5 MANAGEMENT RIGHTS 5.1 Management Rights 5 ARTICLE 6 LABOR/MANAGEMENT MEETINGS 6.1 Meetings 6 ,.,~ ARTICLE 7 BARGAINING UNIT BUSINESS 7.1 Employee Designee 7 ARTICLE 8 GRIEVANCE PROCEDURE 8.1 Definition 7 8.2 Jurisdiction 7 8.3 Qualifications 7 8.4 Grievance Form 8 8.5 Grievance Procedure 8 8.6 Right to Representation 10 8.7 Working Days 10 8.8 Extension of Time Limits 10 ARTICLE 9 INTERNAL REVIEW PROCEDURZ3 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 -'*"~ .~~.,..._-..~~". . r-l 1 ~, ARTICLE 9 INTERNAL REVIEW (cont'd) . PAGE 9.6 Access to Tapes and Documents -12 9.7 citizen Complaint 12 9.8 Initial Investigation 13 ARTICLE 10 DISCIPLINE 10.1 Discipline for Cause 13 10.2 progressive Discipline 13 II'""'" 10.3 Disciplinary Action 14 10.4 Pre-Disciplinary Conference 14 10.5 Appeal 15 ARTICLE 11 PERSONNEL FILES 11.1 Unfavorable/Inaccurate Documents 15 11.2 copies of Records in Personnel Files 15 11. 3 Duration of Disciplinary Records 15 11.4 Review of Personnel Files 16 ARTICLE 12 WORK RULES 12.1 Work Rules 16 ARTICLE 13 POLITICAL ACTIVITY 13.1 Political Activity 16 ARTICLE 14 SENIORITY 14.1 seniority Defined 17 14.2 Application of Seniority 18 14.3 Filling of Job Assignments 18 14.4 Filling of Shift Assignments 18 14.5 No Posting Response 18 ARTICLE 15 EMPLOYEE ASSISTANCE PROGRAM .f'~ 15.1 Employee Assistance 19 15.2 Coverage Terms & Conditions 19 15.3 Other EAP Terms & Conditions 19 ARTICLE 16 LAYOFFS 16.1 Action 20 16.2 Recall and Reinstatement 21 ARTICLE 17 MISCELLANEOUS 17.1 Safe Equipment 21 17.2 Contract Copies 21 17.3 Mail 21 17.4 Reimbursement for Expenses and Travel 22 ~ ARTICLE 18 RATE OF PAY/WAGES 18.1 Wages 22 18.2 Appointment and Advance Step Hiring 23 18.3 step Advancement 23 18.4 Application of Pay Rates 23 -""'''' .,._~~---~, '.' lIliH,';c , ARTICLE 18 RATE OF PAY/WAGES (cont'd) PAGE 18.5 Longevity Pay 23 ARTICLE 19 RATES FOR EMPLOYEES FOLLOWING CERTAIN PERSONNEL ACTIONS 19.1 Temporary Work Assignment 24 19.2 Return to Duty 24 19.3 Return from Military service 25 - 19.4 Reinstatement from Authorized Leave 25 ARTICLE 20 HOURS OF WORK AND OVERTIME 20.1 Workweek 25 20.2 Overtime 25 20.3 Call-in Pay/Court Pay 25 20.4 Compensatory Time 25 20.5 Payment for Accrued Compensatory Time Upon Separation 26 20.6 Use of Compensatory Time 26 20.7 Application to Special Duty 26 ARTICLE 21 UNIFORMS. EQUIPMENT. AND ALLOWANCES 21.1 Initial Issue 27 21.2 Changing Issuance 27 21.3 Plain Clothes Issue 28 21.4 Annual Uniform and Equipment Allowance 28 21.5 Annual Plain Clothes and Equipment Allowance 28 21.6 Required Purchases 28 21.7 Drycleaning 28 21.8 Damaged, Destroyed, Lost ."",,1 Personal Property 29 21.9 Termination 29 ARTICLE 22 VACATION LEAVE 22.1 Vacation Year 29 22.2 Conditions for Accrual 30 22.3 Accrual Schedule for Vacations 30 22.4 Vacation Carryover 30 22.5 Vacation scheduling 30 ARTICLE 23 HOLIDAYS 23.1 Paid Holiday 31 23.2 Special Holidays 31 23.3 Holiday Work 31 23.4 Holiday Pay .--- 31 23.5 Personal Days 32 ARTICLE 24 INSURANCE 24.1 Medical, Dental, & Vision Benefits 32 24.2 Liability Insurance 33 """"". . ~"' '~"'.."--"'~"'~~""""""",",,,,,,,,,,,,,,,~-=,,.'~.~~~'._" -,=,,,,~,..,,,,..",,-,,~ .'," ' ~ -,' ",'" ~I ~v ...._--- ARTICLE 24 INSURANCE (cont'd) PAGE 24.3 Change in Carriers 33 24.4 Life Insurance 34 ARTICLE 25 SICK LEAVE 25.1 sick Leave Accrual 34 25.2 Use of sick Leave 34 25.3 Payment for Unused Sick Leave 35 _,'~1 Side-Bar Agreement to Article 25 36 ARTICLE 26 INJURY LEAVE 26.1 Injury Leave with Pay 37 ARTICLE 27 SPECIAL LEAVE 27.1 Leave With/Without Pay 37 27.2 Jury Duty Leave 38 27.3 Bereavement Leave 38 27.4 Military Leave 39 ARTICLE 28 TRAINING AND TUITION REIMBURSEMENT 28.1 Training 39 28.2 Tuition Reimbursement 40 ARTICLE 29 FIELD TRAINING OFFICERS 29.1 Compensation 41 ARTICLE 30 CANINE UNIT 30.1 Compensation for Care and Maintenance of Division Canine 41 ARTICLE 31 DURATION 31.1 Duration 42 32.2 Signatures 42 ~~--,"," - lIIll'I""""" ^ - '~-"-"--~,~-^~"._^-' .~ - ..- ,,";><Ce_h. l ' [II ~''',,'''-' , ARTICLE 1 CONTRACT Section 1.1 Contract. This Contract is made and entered into at Dublin, Ohio by and between the City of Dublin, as Employer, hereinafter referred to as "Employer" or "Division", and the Fraternal Order of Police, Capital City Lodge No.9, hereinafter ~- referred to as the "Lodge". Section 1.2 Puroose. 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 units identified herein. Section 1.3 References. Should any part of this contract be held invalid by operation of law or by final Order issued by any tribunal of competent 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 and the Lodge and employees agree that no representative of either shall make or ask an employee to make any written or verbal agreement which would conflict with this Contract. JItIlf'~!. Unless otherwise specifically provided in this Contract, no changes in this Contract shall be negotiated during its duration unless there is written accord by and between ...."..-* the parties to do so. Any negotiated changes, to be effective and incorporated in this Contract, must be in writing and signed by the parties. Section 1.4 Aoolicabilitv. This Contract shall be memorialized by Ordinance of the Employer's Council and when memorialized shall supersede and replace all applicable state and local laws which it has authority to supersede and replace. Where this Contract is silent, the provisions of applicable law shall prevail. Economic benefits granted to employees which are sanctioned by the Employer and which are in effect on the ratification date of this Contract and which are not ~gecifically provided for or abridged by this Contract shall not be lessened during the term of this contract. 1 ~1f'" - "'-,.,,,,-.." ,-~,"-"..,- ~~.~....." "..,.,-.- ARTICLE 2 - RECOGNITION Section 2.1 Recognition. The Employer recognizes the Lodge as the sole and exclusive representative for all employees included in the bargaining units described herein in any and all matters relating to wages, hours, terms and conditions of ,",c,<, employment, and the continuation, modification, or deletion of an existing provision of this Contract and for the administration of this Contract. ., Section 2.2 Bargaining Units. There shall exist in the City of Dublin two (2) bargaining units and they shall consist of: A. All full-time sworn police officers below the rank of Sergeant who are employed by the Employer. B. All full-time sworn police officers of the rank of Sergeant or above who are employed by the Employer but excluding the rank of Lieutenant and Chief. References throughout this Contract to bargaining unit members shall mean employees within both bargaining units, unless specified otherwise. ARTICLE 3 LODGE SECURITY Section 3.1 Dues Deduction. The Employer agrees to deduct Lodge membership - dues in the amount certified by the Lodge to the Employer, the first pay period of each month from the pay of any Lodge member requesting the same in writing. The Employer also agrees to deduct Lodge Initiation fees and assessments, in the amount certified by the Lodge to the Employer, the first pay period of each month, in which 1IilrI<<>",", such fees and assessments are due, from the pay of any appropriate Lodge member. If a deduction is desired, the Lodge member shall sign a payroll deduction form which shall be furnished to the financial secretary of the Lodge. Once each calendar month, a warrant in the aggregate amount of the deductions made for that calendar month, together with a listing of the Lodge members for whom deductions were made, shall be furnished to the Lodge. Nothing herein shall prohibit Lodge members covered by this Contract from submitting dues directly to the Lodge. ~ The Employer shall provide the Lodge with additional payroll deductions for the purpose of the Lodge providing additional employee benefits, providing the Employer's payroll accounting system possesses sufficient capacity and capability for additional deductions. 2 ?"."" ~.'~~",. ,,',,~' .....~=' .....'i,..,-'''...i-''-,"''''_,'."_'.~._,,....''._~ No other employee organization's dues shall be deducted from any employee's pay for the duration of this Contract. The lodge agrees to hold the Employer harmless should any deductions be found to have been unlawfully, illegally or improperly taken. 'Further the lodge agrees to indemnify the Employer and to provide legal counsel in defending any action claiming that a deduction has been unlawfully, illegally or improperly made and will further reimburse the Employer for any payments made by the Employer as a result of any ...', finding by an administrative agency or court of law that it has unlawfully, illegally or improperly made deductions. ~ Section 3.2 Fair Share Fee. A. Bargaining unit employees who are not members of the lodge shall, as a condition of employment, pay to the lodge a fair share fee. The amount of the fair share fee shall be determined by the lodge, but shall not exceed dues paid by members of the lodge who are in the bargaining units. Such fair share fee shall be certified by the lodge to the Employer at such time during the term of this Contract as necessary to be accurate. Such payment shall be subject to an internal lodge rebate procedure meeting all requirements of state and federal law. B. For the duration of this Contract, such fair share fee shall be automatically deducted by the Employer from the payroll check of each bargaining unit employee who is not a member of the lodge. The automatic deduction shall be made in the first pay period of each month. The Employer agrees to furnish . the financial secretary of the lodge once each calendar month, a warrant in the aggregate amount of the fair share fees deducted for that calendar month, together with a listing of the bargaining unit employees for whom said deductions are made. "flPJ',.". The automatic deduction shall be initiated by the Employer whenever a bargaining unit employee who is not a member of the lodge has completed his 'iiil>"",',,;A or her first sixty (60) days of employment. The lodge agrees to hold the Employer harmless should any deductions be found to have been unlawfully, illegally or improperly taken. Further, the lodge agrees to indemnify the Employer and provide legal counsel in defending any action claiming that a deduction has been unlawfully, illegally or improperly made and will further reimburse it for any payments made by the Employer as a result of any finding by an administrative agency or court of law that it has unlawfully, illegally or improperly made deductions. ~ 3 ~-'""'- ~ , - FI Section 3.3 Bulletin Boards. The Lodge shall be permitted, upon providing prior notification to the Chief of Police, to maintain a Lodge bulletin board at Division headquarters. Said board shall be provided by the Lodge at its own expense. Lodge bulletins and Lodge material will be permitted to be posted on this board. Non- bargaining unit members shall not be permitted to remove, add to, or alter the material posted on this board, unless said material contains obscene, racially, or sexually offensive information. ""1 Section 3.4 Meeting Locations. The Lodge shall be permitted, upon prior notification to the Chief of Police, to hold meetings for the Lodge members in the bargaining units, for all bargaining unit employees, at police headquarters or other City buildings, ... rooms, or facilities. The -notification required under this Section shall be in writing, shall be delivered to the Chief at least forty-eight (48) hours prior to the time of the meeting, and shall state the date, time, and requested location of the meeting. The Employer agrees to hold the requested location open for use by the Lodge on the date and at the time specified in the Lodge's notification to the Chief. However, if it is not practicable for the Employer to provide the requested location to the Lodge, the Employer will so notify the Lodge and make every effort to provide an alternate meeting location in anoth~r 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. In the event the Chief or his designee are neither present nor available, or it is not practical to contact said individuals, prior approval shall then be obtained from the then on-duty supervisor. No bargaining unit employee or member of the Lodge shall be obligated or asked to divulge to the Employer information discussed at said meetings. Section 3.5 Ballot Boxes. The Lodge shall be permitted, upon prior notification to the Chief of Police, to place a ballot box at Division headquarters for the purpose of ~ collecting members' ballots on all Lodge issues subject to ballot. Such box shall be the property of the Lodge and neither the ballot box nor its contents shall be subject to the Division's review. .,..",,,; Section 3.6 Use of Intra-DeDartment Mail. The Lodge shall be permitted to utilize the intra-departmental mail system for the purpose of providing information pertaining to Lodge business or bargaining unit representation, to bargaining unit employees. The Lodge agrees that the use of the mail system will be reasonable and limited to providing information that is necessary for the normal conduct of Lodge business or bargaining unit representation. All mail placed into the mail system by the Lodge shall be the property of the bargaining unit employees to whom it is addressed, and such mail shall not be subject to the Employer's review. ~........-- 4 ,,,~~,'_"__<","^"">_"'",","~_.~~~"'..'''~'~~-~'~_'~~~.w,~'........',,_"'"',,_"" . ~"I r . . '-- . Section 3.7 Lodqe Business. A. Representatives of the Lodge shari be permitted to transact official Lodge business at Divisional work sites at all reasonable times, provided that this shall not interfere with or interrupt normal Divisional operations. When possible, a Lodge representative will give advance notice and obtain approval from the Chief or his designee if the Lodge intends to use the employer's equipment or property for Lodge business or other non-work related activities. In the Chief's W"'," or designee's absence, notice shall be given to and approval obtained from the shift supervisor at the time. Permission of the Chief or his designee to use the equipment or property will not be withheld without a valid reason. ~ ARTICLE 4 NONDISCRIMINATION Section 4.1 Joint Pledge. The provisions of this Contract shall be applied equally to all employees without regard to age, sex, race, color, religion, political affiliation, recognized handicap, disability, or national origin. Section 4.2 EmDlover Pledge. The Employer agrees not to interfere with the right of the employees to become members of the Lodge. There shall be no disparate treatment, interference, restraint or coercion by the Employer or any representative of the Employer against any employee because of Lodge membership or because of any lawful employee activity in an official capacity on behalf of the Lodge. Section 4.3 Lodge Pledge. The Lodge, within the terms of its constitution and by- laws, to the extent said terms are legal and in compliance with state and federal law, agrees not to interfere with the desires of any employee of the bargaining unit to become and remain a member of the Lodge. The Lodge agrees to fairly represent all ~"..,,", employees of the bargaining unit subject to the provisions and procedures set forth in Sections 4117.11 (8) and 4117.1 2 of the Revised Code. Section 4.4 Gender Reference. All reference to employees in this 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 Rights. 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, 5 -~---'"-~~'-"'_."~~~-~"""'---"---'-~'-.'-"-~ ",,' , '-~-,-~'_.. , "'~-""~.._-,,",,,,,.......,..;.~,,,,,,, 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. ARTICLE 6 LABOR/MANAGEMENT MEETINGS Section 6.1 Meetings. In the interest of sound labor/management relations, upon request of either part, at a mutually agreeable date and time, not more than four (4) representatives of the Employer shall meet with not more than four (4) representatives of the employees to discuss pending issues and/or problems and to promote a more harmonious labor/management relationship. An agenda will be exchanged by the parties at least five (5) working days in advance of the scheduled meeting with a list of matters to be taken up in the meeting and the names of those representatives from each side-who will be attending. All matters on the agenda requested by the parties to be discussed, will be discussed. The purpose of such meeting shall be to: ~ A. Discuss the administration of this Contract; B. Discuss grievances which have been processed beyond the final Step of the ....,...",. Grievance Procedure, when such discussions are mutually agreed to be 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. ~ 6 ~'~'---,.'-""'-~'""-~"'-'~~-'-'~.~~~"~" ~.. - . ~--- i'."i~1 ..~',,-"'l'_ . ARTICLE 7 BARGAINING UNIT BUSINESS , Section 7.1 EmDlovee Designee. Each bargaining unit is authorized to select one (1) employee designee and one (1) alternate to conduct bargaining unit business. The employee designee, upon giving reasonable notice, and upon authorization from the immediate supervisor, shall be allowed reasonable time off during regular working 1IIlf:"'--'..... 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. .. ARTICLE 8 GRIEVANCE PROCEDURE Section 8.1 Definition. A "grievance" is an allegation by one or more employees that there has been a breach, misinterpretation, or improper application of this Contract. It is not intended that the Grievance Procedure be used to effect changes in this Contract, nor in those matters not covered by this Contract. Section 8.2 Jurisdiction. If exclusive administrative relief of a judicial or quasi-judicial nature is provided for by the statutes of the State of Ohio, or of the United States, for review or redress of specific matters (such as civil rights, etc.). such matters may not be subject to this Grievance Procedure, or be processed hereunder. However, the Grievance Procedure, as set forth in this Article, may be utilized by an employee in lieu of appealing a matter to the Dublin Personnel Board of Review. However, once an employee elects to pursue an appeal to the Dublin Personnel Board of Review and the Dublin Personnel Board of Review takes jurisdiction over the appeal, the employee is thereafter precluded from seeking a remedy under this procedure. ~"! Section 8.3 Qualifications. All grievances must be presented at the proper step and time in progression in order to be considered at subsequent steps. The proper step 1tiIII&+~_w;; to initiate the grievance is Step 1, unless the occurrence that gave rise to the grievance originates at another step. If the occurrence which gave rise to the grievance originates at another step, the grievant may either initiate his grievance at Step 1 or at that step at which the occurrence which gives rise to the grievance originates. A grievance shall be considered withdrawn at any point where an employee submits a written statement to that effect, or where time requirements at any step have lapsed without further appeal by the employee. Any grievance not answered by the employer within the ~ulated time limits, may be advanced by the employee to the next Step in the grievance procedure. All time limits on grievances set forth herein may be extended only by mutual written consent of the parties. 7 f" '" , ~"'."l'~~_'^ . A grievance may be brought by an aggrieved employee covered by this Contract. . Where more than one (1) employee desires to file a grievance involving an incident affecting several employees in the same or similar manner, one (1) employee shall be selected by the bargaining unit to process the grievance. Each aggrieved employee who desires to be included in the grievance shall sign the grievance. Section 8.4 Grievance Form. The aggrieved employee shall use a written grievance form which shall provide the following information: "''''ll A. Aggrieved employee's name and signature; f.i:. B. Date, time and location of grievance; C. Description of incident giving rise to the grievance; D. Article or Section of the Contract violated; E. Date grievance was first discussed; F. Name of supervisor with whom grievance was first discussed; G. Date grievance was filed in writing; and H. Desired remedy to resolve the grievance. The bargaining unit shall have the responsibility for duplication and distribution of, and its own accounting for, the grievance forms. This form may also be used for official business of the Police Division. Section 8.5 Grievance Procedure. It is the mutual desire of the Employer and the ~- 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. Steo 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. Steo 2 - Chief of Police. ~ B. 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 8 ------ --"~!il t ""'.""" employee within seven (7) working days following the presentation of the grievance to Step 2. C. SteD 3 - Citv 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 .!h_ representative within ten (10) working days of the receipt of the grievance. A response shall be given to the grievance within seven (7) working days following the meeting at Step 3. If a grievance is not satisfactorily resolved at Step 3, it may be submitted to arbitration upon request of the employee and the Lodge President. If a written notice of intent to file under the Arbitration Procedure is not received by the City 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. SteD 4 - Arbitration. After receipt of a request to arbitrate from the Lodge President, a designee of the City Manager and the Lodge shall attempt to agree on an arbitrator. The arbitrator shall be selected by the parties making a joint request either to the American Arbitration Association or to the Federal Mediation Conciliation Service for a panel list of nine (9) arbitrators. The parties shall then choose an arbitrator by alternately 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 p;,;.;.,.,~... 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 Lodge and the Employer shall share equally in the cost of 9 _...__'.._"~ _...____,_~_.,_, '__U_'~_"'_'~"_'""'""'" _....., ,...., ,,~~,_~~ .,'>-....;..~'~.~,""" R'I'l;'" ":'1.- ---, . the arbitration proceedings. The arbitrator shall render in writing his findings and award as quickly as possible within thirty (30) calendar days after the hearing is closed and post- hearing briefs are submitted. He shall forward such findings and award to the City Manager, or his designee, and to the Lodge President, or his designee. Section 8.6 Right to ReDresentation. 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 Working Days. For purposes of the Grievance Procedure, working days means the working days of the party who is responsible for initiating an action or responding to a grievance at the appropriate Grievance Step. Section 8.8 Extension of Time Limits. It is the Employer's and the Lodge's intention that all time limits in the above grievance procedure shall be met. However, to the end of encouraging thoughtful responses at each Step, the Lodge's and the Employer's designated representative may mutually agree, at any Step, to short time extensions. But any such agreement must be in writing and signed by the parties. In the absence of such mutual extensions, if no response is forthcoming 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 ScoDe. The investigative procedures set forth in this Article shall be followed whenever an employee is suspected of or charged with an act which could result in disciplinary action or criminal charges being filed against the employee, aside from the informal procedure for non-serious complaints or alleged non-serious ......,.. offenses. Section 9.2 Informal Process for Non-Serious ComDlaints 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 10 III""" _ .._."_.' ~o~..,._",="", ~~. , ;Ii!- ...,~>> adhered to where an informal resolution is likely to occur. After receipt of a complaint is received or phoned in and it is memorialized in writing by the officer taking the complaint, an informal process may be initiated for resolution of minor infractions or non-serious allegations. The investigating supervisor, whether a shift supervisor, bureau Commander or Chief, may approach the officer and attempt to gather the facts about the allegation from the officer. At that time, the investigating supervisor shall notify the officer of the nature of the complaint. If the ....-.;~ complaint cannot be resolved at this informal level, or the charged officer elects not to make any statement, the official investigative procedure will be put into place as identified in the remaining sections of this Article. If other, more serious allegations other than those initially charged are raised during the informal investigation, the matter will immediately be transferred to the formal process and be subject to the progressive discipline. Cases processed and resolved at the informal level may result in no more than a letter of reprimand, where a review of the action may be sought by the employee. If the matter is not resolved at the informal level, it shall be set for a meeting and be subject to the principles of progressive discipline. If the matter is not informally resolved, a meeting shall be set within seventy-two (72) hours at the direction of the Chief of Police or his designee and with the presence of the accused officer and his representative, if so desired. The purpose of this meeting is to formally provide the accused officer with the complaint in writing. At that time, the supervisor will again be permitted to gather information pertinent to the complaint from the accused officer with the presence of his representative. Section 9.3 Notification. An employee shall be informed of the nature of the investigation (whether disciplinary or criminal) and shall be provided written notice of the specific factual allegations made against him (except at the informal level), including a copy of the written complaint made against him, prior to any questioning. .....'4 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 ReDresentation. All questioning sessions shall be scheduled so that the employee has an opportunity to obtain representation from the Lodge. The Lodge representative or Lodge attorney shall be permitted to be present at any questioning and shall be afforded a reasonable opportunity to consult with the employee during questioning. Section 9.5 Conduct of Questioning. As used in this Article, questioning refers to any investigation, internal-affairs interview, or interrogation where the employee is to be questioned. The following rights are accorded to the employee subject to questioning: ~ A. Any questioning of an employee will be conducted at hours reasonably related to his shift, 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. 11 ......, .""-~"","""""""'~,",_-=,-"""'~,,,~,,,._-_. -,'.',.. .', '-' . ~ .1!r - -'-,' , B. Before an employee may be charged with insubordination or like offenses for refusing to answer questions or participate in any investigation, he shall be advised that such conduct, if continued, may be made the basis for such a charge; except that an employee who refuses to answer questions or participate in any investigation shall not be charged with insubordination or like offense for such refusal as premised on an exercise of his constitutional rights in a criminal matter. iMI","'''''" C. Such questioning shall be recorded by the Employer at the request of either party. Tapes will be made by the Employer and may also be made by the employee and/or his Lodge representative or attorney. The employee and his Lodge representative or his Lodge attorney will be afforded the opportunity, upon written request directly to the Chief or his designee, to listen and 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 may be charged with insubordination, shall not be admissible in any subsequent criminal action or internal proceeding. However, explaining to an employee that potential corrective action could result if the employee _continues to refuse to answer questions or participate in an investigation, shall not be considered as such threats, coercion or promises, subject to provisions of subparagraph (D) of this Section. E. In the course of questioning, an employee may only be given a polygraph examination with his consent. The results of this examination cannot be used in any subsequent criminal action. Where consent is given, a polygraph examiner shall be chosen by mutual agreement of the Employer and the employee. -,-..,',~; Section 9.6 Access to Tapes and Documents. The employee who is subject to questioning, and his Lodge representative or attorney where one is involved, will be provided access to transcripts, records, written statements, and tapes pertinent to the case, including transcripts of questioning and responses to polygraph examinations, at least two (2) days after requested and/or reasonably in advance of any Pre- disciplinary Conference. Section 9.7 Citizen Comolaint. In order for a citizen complaint to be considered as possible grounds for disciplinary action, it must be reduced to writing and signed by the citizen. Also, when any citizen complaint is filed more than 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 a written report or submit to questioning; but he shall be notified orally or in writing of such complaint. 12 ~~~ -.~..~- ..'~- ~_.. ~,~,______ ,c_ ,.,_~'...~~ -, ~ - . 110_- Section 9.8 Initial Investigation. All complaints, internal investigations and Divisional charges should initially be under the province of the then on-duty Sergeant. If no Sergeant is on-duty, the officer-in-charge (O.I.C.) will be responsible for noting the incident and forwarding it to the member's Sergeant or Operations Bureau Commander no later than 48 hours after the incident. If the incident is forwarded, the member's Sergeant will investigate and make recommendations to the Chief. - If the member's Sergeant is not available within forty-eight (48) hours of the alleged incident or on the Monday following the alleged incident, if it occurs on the weekend, the Operations -'~ Bureau Commander 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 Section 1 0.1 Discioline for Cause. The tenure of every employee shall be during good behavior and efficient service. No employee shall be reprimanded, suspended, reduced in payor rank, or removed, except for grounds stated in this Contract. The Employer may take disciplinary action against any employee only for just cause. The Employer may take this type of action while the employee is on duty; working under color of employment for the Employer; or off-duty 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 officer, or any other acts fIIll"--"'" of misfeasance, malfeasance or nonfeasance, or violations of any Dublin Division of Police General Orders, shall be cause of disciplinary action. Section 10.2 Progressive Discioline. Except in instances where an employee is found to have engaged in gross misconduct (misconduct justifying suspension or discharge), discipline will be applied in a progressive and uniform manner as to same or similar offenses. Progressive discipline shall take into account the nature of the violation, an employee's record of discipline, and the employee's record of conduct. Ordinarily, progressive disciplinary action will involve an oral reprimand before a written reprimand, a written reprimand before a suspension, and a suspension before reduction in payor rank/removal for a repeated or related offense. The commission of a repeated or related offense for which an oral 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 suspen- sion for the commission of a related offense of the same nature. Should a suspension be issued, the Employer is permitted, but not required, to reduce in payor rank or remove the employee for the commission of a repeated offense of the same nature. 13 ...~- '~""'"~'"~~"~"~-~'-~'-"--""'-"- ,--,.'.'..,>~,..,;, -'.. ~' -~ '""","'"","=- ~"',...!.i..,"~"'" 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 or discuss P'"'''' the proposal. Section 10.3 Disciplinary Action. The prerogative to issue oral reprimands and written reprimands is solely within the Divisional Chain of Command. Where there is reason to believe that an employee is guilty of an offense which might lead to suspen- sion, reduction in payor rank, or removal, the Chief has the responsibility to prefer charges and the proposed penalty against the employee, which charges shall be heard in a Pre-disciplinary Conference, as established in Section 10.4. In preferring charges, the Chief shall provide the employee with all evidence supporting the charges. Section 10.4 Pre-disciplinary Conference. When charges are preferred by the Chief, a Pre-disciplinary Conference shall be scheduled to give the employee an opportunity to offer an explanation of the alleged misconduct. Pre-disciplinary Conferences will be conducted by the City Manager, or his designee. Not less than three (3) working days prior to the scheduled Pre-disciplinary Conference, the Chief will provide the employee with written notice of the preferred charges. The employee may choose to: 1) appear at the Conference to present an oral or written statement in his defense; 2) appear at the Conference and have a chosen representative present an oral or written statement in defense of the employee; or 3) elect to waive (in writing) the opportunity to have a Pre-disciplinary .""">,,. Conference. At the Pre-disciplinary Conference, the City Manager, or his designee, will ask the employee or employee's representative to respond to the preferred charges. At the Pre-disciplinary Conference, the employee, or his representative, shall be permitted to offer testimony and evidence in his defense, call witnesses 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 bJ-s designee, summarizing the findings of fact and disciplinary penalty to be imposed, if any. A copy of this written report will be provided to the employee or his representative within five (5) working days following the Conference. Pre-disciplinary Conferences shall be tape- recorded. A copy of the recording shall be furnished to the employee, at the employee's request, within forty-eight (48) hours of the close of the Conference. 14 ~~ '_~_"""'~ '~'>_'.'_~',.' ,_,"",",."_~_M""~'","~_'~'"'~'~,___'...~",~~~=' .- ~ ~'~-~' . 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 other employees or the public. Section 10.5 Aooeal. -An employee may elect to appeal the disposition made by the City Manager or his designee directly to arbitration, with the approval of the Lodge President, as provided in Article 8, Section 8.5, Step 4, or, where applicable, to the ... Dublin Personnel Board of Review. In the event an appeal is taken to arbitration, review by the Dublin Personnel Board of Review is precluded. ... ARTICLE 11 PERSONNEL FILES Section 11.1 Unfavorable/Inaccurate Documents. If an unfavorable or inaccurate statement or notation is placed in the official personnel file, the employee shall be given the right to place a statement or rebuttal or explanation in his or her file. Section 11.2 Copies of Records in Personnel Files. A copy of any record or docu- ment which has been placed in and/or removed from the employee's personnel file shall be provided to the employee at the time of its placement or removal, except where the record or document originates from the employee or has been otherwise provided to the employee. If removed, the copy shall be signed and dated. No anony- mous material of any type shall be included in the employee's official personnel files, or files of any type. Any record, in any file created by the City, except those deemed confidential by Ohio Public Records Act, shall be accessible to the bargaining unit member upon request. ...~,~ Section 11.3 Duration of Disciolinarv Records. Oral reprimands may be documented and retained for no more than a six (6) month period from date of issuance by either the Chief or a supervisor, outside of the employee's personnel file. Oral reprimands "'" shall cease to have any further force and effect no later than six (6) months after issuance, provided that no further repeated or related offenses have occurred resulting in disciplinary action. Written reprimands shall be maintained in the employee's personnel file. A written reprimand shall be removed from an employee's personnel file no later than one (1) year after issuance, provided no further repeated or related offenses have occurred. Once the time limit has expired, the written reprimand shall have no further force and effect. Any suspension of less than thirty (30) days shall be removed from an employee's personnel file after a periOd of three (3) years from the date of its issuance, provided ~ no further corrective action of the same or related nature has occurred in the interim period. In those cases where further corrective action occurs of the same or a related nature, the first suspension will remain in the file for an additional one (1) year period. 15 "'" -"'--"""""''''''' llI..t.",...' ". ~'" .~.... T ~' . Written reprimands and suspensions which are subject to removal from an employee's personnel file shall be removed only upon request of the employee. The removed doc- uments shall be destroyed in the presence of the employee, or given to the employee. Section 11.4 Review of Personnel Files. Every bargaining unit member shall be allow- ed to review his personnel file at any reasonable time upon written request to the Director of Personnel. Access to personnel files will be governed by Ohio law. How"- ever, if a file is requested, the Employer will make a reasonable attempt to notify the .. affected member. The affected member will then be given immediate access to his personnel file no later than the next business day after the request. The Employer will make every effort to insure that the file is reviewed by the member before granting .' the public request. In the event a member wishes to allow another member to review his file on his behalf, said member shall provide appropriate written notification to the Personnel Director disclosing the member's name he has authorized to review his file, prior to such review taking place. Appropriate notification shall consist of a written, notarized statement signed by the bargaining unit member whose file is to be reviewed. ARTICLE 12 WORK RULES Section 12. 1 Work Rules. The Employer agrees that, to the extent possible, work rules shall be reduced to writing and provided to all employees in advance of their enforcement. Any charge by an employee that a work rule or Departmental Directive is in violation of this Contract, or has not been applied or interpreted uniformly to all employees, shall be a proper subject for a grievance. ARTICLE 13 - POLITICAL ACTIVITY Section 13.1 Political Activitv. In addition to other rights: ... A. An employee may participate in the Lodge's Political Screening Committee where such participation is directed towards the endorsement and support of partisan political candidates solely on behalf of the Lodge, provided that the employee undertakes such participation while off-duty, while not in identifiable uniform, and does not represent that his participation is either undertaken in his official capacity as an employee of the Employer or is sanctioned by the Employer. B. An employee is permitted outside the City of Dublin to actively participate in ~ partisan political activity, provided that an employee. undertakes such activity while off-duty, not in identifiable uniform, and does not represent that such activity is either undertaken in his official capacity as an employee of the Employer or is sanctioned by the Employer. 16 - " ,_' "_0<~""~ .~U_..~._.,,<"",~~~~~~-._=.~_~,_.._'"<_..__,..__~.~ ",""-,",~",,~~,,"",--~~-,,,,---,~~'~".,~ . C. An employee is permitted within the City of Dublin to exercise his/her rights as a citizen to express his/her personal opinions and to cast his/her vote. However, an employee shall not: 1. orally or in writing solicit or in any manner be concerned with soliciting any assessment, subscription or contribution of any type for any political party or political purpose whatsoever from any person holding a position in the service of the Employer; 2. make any contribution to the Campaign funds of any candidate for a City of Dublin elective office for the actual or apparent purpose of influencing l<h said persons or receiving favors of any nature from said persons; and, 3. become actively involved in the elective process or campaigns for any City of Dublin elective office, except as would be applicable under paragraph A of this Section. ARTICLE 14 SENIORITY Section 14.1 Seniority Defined. For purpose of this Contract, "seniority" shall be defined as total continuous service as a regular full-time sworn employee of the Division. Seniority shall commence on the date an individual becomes employed as a Police Officer. Continuous service shall reflect the uninterrupted service of an employee as calculated by years/days of service. Continuous service shall be interrupted only when a "break in service" occurs. A "break in service" only occurs in the following instances: A. separation because of resignation, except where an employee is rehired within thirty (30) days of resignation; B. removal; C. failure to return from an authorized leave of absence; D. failure to respond to a notification of recall. As established in Section 14.1 (main paragraph) above, seniority shall commence on the date an individual becomes employed as a regular full-time sworn Police Officer; however, should more than one (1) individual be hired on the same day, seniority preference will be determined by the individual's written test score from the selection ~ process. An individual with a higher written test score shall always receive seniority preference over an individual with a lower written test score. Previous methods for determining seniority prior to the effective date of this Contract shall not be affected. 17 .... ~,-- ~ - --~,~~ .....~ -.. ~"=~_.'.;"~_._.,- 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 continuo-us service credit except for the period in time in which the "break in service" occurred. Section 14.2 Aoolication of Seniority. When vacation leaves are to be scheduled on _. an annual basis or where compensatory time off is to be scheduled, and where in these instances there are two (2) or more employees with the same request, the employee with the greatest seniority shall be granted the request, if the request is t;ii.I, granted at all. Section 14.3 Filling of Job Assignments. Whenever a vacancy occurs in the assignments of Detective, Training Officer, Range Officer, Property Room Officer, or any new full-time assignment, the Division shall post a Job Assignment opening for fifteen (15) days and shall allow any interested employee within the same rank to apply within the posting period. The Division shall provide notice on the job posting as to any specialized training and/or technical skills which will be required for the assignment once the assignment is made. In filling the job assignment, the Division shall give consideration to all applicants who apply. The following criteria for selection shall be used: ability, work performance, and seniority based upon time in rank. Where ability and work performance are relatively equal in the opinion of the Chief, seniority based upon time in rank shall be the deciding factor. Section 14.4 Filling of Shift Assignments. Assignments to shifts and shift slots shall be posted for fifteen (15) days and shall be made by means of seniority based upon time-in-rank, unless the Chief determines that the effective operation of the Division dictates that seniority not be the determining factor for shift assignments and shift .,." slots. Employees shall be given at least fifteen (1 5) days notice of a change in permanent shift assignments or shift slots. Employees at the rank of Police Officer who are serving in their original appointment probationary period shall not have an ..., opportunity to compete for new shift assignments or shift slots until the first posting procedure after the conclusion of said probationary period. Section 14.5 No Posting Resoonse. In instances where job assignments, as set forth in Section 14.3, or shift assignments, as set forth in Section 14.4, are posted and no employees respond to the posting, the Chief reserves the discretion to make such assignments based upon the needs of the Division. ~ 18 P" "_.._~ ,.......~--~~~.. ARTICLE 15 EMPLOYEE ASSISTANCE PROGRAM Section 15.1 EmDlovee Assistance. The City of Dublin and members of the bargain- ing unit recognize that a wide range of personal difficulties/problems in the lives of employees may effect 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 interest 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 of Dublin 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 problem affects the employee's job performance, the employee and/or immediate family members are strongly encouraged to seek assistance through the EAP. Section 15.2 Coverage Terms & 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/treatment beyond the three session limit. .. 15.3 Other EAP Terms & 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 ~ball receive an offer of assistance to help resolve such problems in an effective and confidential manner. All EAP issues shall be handled in a confidential manner by the EAP provider consistent with federal and state law. No information concerning the nature of individual personal problems will be released without proper written consent. 19 I!I""'"~ C. Nothing in this Article of this Contract shaH be interpreted as constituting a waiver of the City's responsibility to maintain discipline or its right to take disciplinary action in accordance with the provisions of this Contract. 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 involved, one or more forms of leave may be appropriate to attend such appointments (Le. sick, vacation, compensatory time, personal, etc.). Due to existing procedures requiring the employee to provide a reason justifying the use of sick leave, the employee may not wish to use said leave for such appointments, as providing a reason for the usage of said leave may disclose information the employee wishes to remain confidential. If the employee chooses to request sick leave, he or she is hereby advised that in providing a justifiable reason for sick leave usage, he/she is voluntarilv 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 (Le. vacation leave, compensatory time, personal leave, etc.), or seek to schedule EAP-related appointments outside of normal work hours. Flexible appointment hours shall be made available to employees by the EAP provider. E. Supervisory personnel may encourage the use of the EAP, recognizing the fact that many job performance difficulties may be related to a personal problem. However, supervisory personnel shall refrain from diagnosing personal problems or recommending specific solutions other than referral to the EAP. _,__om', 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 loi.~ methods to be used when dealing with an employee who is experiencing personal or work-related distress. 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 ~ LA YOFFS Section 16.1 Action. When the City determines that a permanent or temporary layoff is necessary, the City will notify the affected employees forty-five (45) days in advance of the layoff. The youngest member in point of service shall be first laid off 20 ...." " ,"~-,~==='~~ 4,,","H ~ ....."'......'.-- . and any layoffs thereafter shall be by reverse seniority. The City agrees to discuss with the Lodge the impact of the layoff on b-argaining unit members prior to the City's notification to the affected employees. Section 16.2 Recall and Reinstatement. When employees are laid off, the City shall create a recall list; The City shall recall employees from layoffs as needed. The recall shall be according to seniority beginning with the most senior employee and progressing to the least senior employee. An employee shall be eligible for recall for tIfII"""",. a period of three (3) years after the effective date of the layoff. Notice of recall from a layoff shall be sent to the bargaining unit member by certified mail with copies to the Lodge. The mailing shall be to the last mailing address _"~,f. provided by the bargaining unit member and the bargaining unit member has an obligation to keep the City advised of this current mailing address. The recalled employee shall have fourteen (14) calendar days following the receipt of the recall notice to notify the City of his intention to return to work and shall have forty-five (45) calendar days following the receipt of the recall notice in which to report to duty, unless a different date is otherwise specified. ARTICLE 17 MISCELLANEOUS Section 17.1 Safe Eauioment. The Employer shall furnish and shall 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, supplied, and equipment provided by the -- Employer. Section 17.2 Contract Cooies. As soon as is possible following the signing of this Contract, the Employer and the Lodge shall have printed sufficient copies of this Con- 1Iii:o.i,.,; tract. The actual cost of printing this Contract, and any future printing beyond the copies specified herein in an amount the parties may later agree as necessary, shall be shared equally by the parties. The Employer shall be responsible for distributing copies to current members and to new members who are hired during the term of this Contract. Section 17.3 Mail. Mail which is addressed to an employee shall not be opened by anyone other than the employee to whom it is addressed, unless the employee has specifically provided written authorization to the contrary or it is reasonable to assume """"'" that the contents of the mail may relate to a work-related court appearance or deposition. If someone other than the employee to whom the mail is addressed opens the mail, they will sign their name, date and time on the outermost piece of that mail. Mail that is not work-related shall not be sent to an employee at any public facility operated by the City of Dublin. Employees will not be responsible for any non-work- 21 ....' ""..........,.~'"'---'-"~,.~~-'._.._"'.._.._..,--,~-"-,,"'.......".,~-'- - - ""'-'"""-~-~. --'"."-._.._,..,_.... . related mail that they did not initiate. Section 17.4 Reimbursement for EXDenses 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 the Internal Revenue Service (IRS). It is recognized that the Employer .......,',.." has the right to promulgate reasonable regulations pertaining to reimbursement for expenses and travel. Where overnight lodging is provided at the 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 lIiIoct-.... travel is considered to be non-work-related and non-reimbursable. ARTICLE 18 RATES OF PAY/WAGES Section 18.1 WaQes. The following straight time annual wage rates shall be paid to employees within the bargaining units, effective January 1, 1993: Rank Sten 1 Sten 2 Sten 3 Sten 4 Police Officer $25,564.92 $29,338.87 $33,112.81 $38,091.01 Sergeant $43,614.21 The following straight time annual wage rates shall be paid to employees within the bargaining units, effective January 1, 1994: ..-,.'" Rank Sten 1 Sten 2 Step 3 Sten 4 Police Officer $26,970.99 $30,952.51 $34,936.12 $40,186.01 b--.....,...." Sergeant $46,213.91 The following straight time annual wage rates shall be paid to employees within the bargaining units, effective January 1, 1995: Rank Sten 1 Sten 2 Sten 3 Sten 4 Police Officer $28,319.54 $32,500.13 $36,682,.93 $42,195.31 ","'~, ,.. Sergeant $48,735.58 22 ...,.... ....'.."" -'">,~""~'~ "--~~.-_.',"""~.",, -"-'~'"~"~"'..',,_._", . Section 18.2 Aooointment and Advanced Steo Hiring. The City Manager, when making appointments to the rank of Police Officer, shall be authorized to recognize the past experience of applicants in determining their placement within the step system. Section 18.3 Steo Advancement. Step advancement shall occur to Step 2 after one (1) year of continuous service in Step 1. Step advancement to Step 3 shall occur ",,;h.. .~ after one (1) year of continuous service to Step 2. Step advancement to Step 4 shall occur after one (1) year of continuous service in Step 3. ..-,..,,- Section 18.4 Aoolication of Pay Rates. The rates of pay set forth in Section 18.1 are based on full-time employment of forty (40) hours in a work week and 2,080 hours in a work year. These rates shall be used to calculate wages for hours in paid status for the appropriate pay range and step. "Paid Status" shall include all hours of approved paid leave including holiday, vacation, injury, military, and sick leave. Section 18.5 Longevity Pay. All employees shall receive, in addition to the pay rates established in Section 18.1, a longevity payment based upon completed years of service with the City according to the following schedule. The following schedule shall be effective January 1, 1993 and remain in effect for the term of this Contract: Comoleted years of Service Amount Four (4) through six (6) years $525.00 Seven (7) through ten (10) years $625.00 Eleven (11) through fourteen (14) years $725.00 WI""" Fifteen (15) through Nineteen (19) years $825.00 Twenty (20) or more years $925.00 ~'..,.. Longevity pay shall be issued during the pay period in which the employee's anniversary date of appointment falls. In the event the employee wants to receive his longevity pay on December 15th of the year, he or she must deliver a memorandum directly to the payroll clerk, at least thirty (30) days prior to his or her anniversary date, requesting such payment. The employee will be paid in one (1) lump sum in a separate check. If an employee's anniversary date has already passed at the time this Contract should be ratified and the employee wants to receive his longevity pay on December 15th, the employee shall deliver a memorandum directly to the payroll clerk within thirty (30) days of such ratification. Any memorandum requesting a change in payment date shall remain in effect until otherwise reque",sted by the bargaining unit member. Section 18.6 Shift Differential. Shift differential pay shall be provided for any eight (8) hour workday for which the majority of work hours occur between 5:00 p.m. and 7:00 a.m., and to members normally assigned to such hours, regardless of the shift 23 ..."''''' .'-,,-,.,. .. .,,~., ,.."< ."..,~"".. .,,~. '...-',~ '-..-'",,-~',"""...~. .. . hours they actually work, for all hours worked but excluding hours in paid status while on approved leaves, restricted duty, and off-duty court-time hours. Shift differential pay shall be paid only for actual hours worked during the workday. Shift differential shall not be paid in addition to regular pay for any hours spent on leave. If shift differential pay is applicable, and authorized overtime occurs in ..' conjunction with the regular workday, the shift differential shall be paid for each hour of overtime worked. However, the shift differential pay shall not be added to the base hourly rate prior to computing the overtime rate. Shift differential pay is not ....... applicable to court appearance time; but is applicable to hours worked when called back to duty if the member otherwise qualifies for the shift differential pay. Shift differential pay will be paid on a bi-weekly basis and will not be cumulative under any circumstance. Effective the date this Contract is executed by both parties and continuing through December 31, 1993, the shift differnetial pay rate shall be .40/hour. Effective January 1, 1994 the shift differential pay rate shall be increased to .45/hour. Effective January 1, 1995, the shift differential pay rate shall increase to .50/hour. Both the Bargaining Unit and the City understand that it would be impossible to calculate shift differential pay retro-active to January 1, 1993 and, therefore, hereby agree that shift differential shall not become effective until this Contract is executed by both parties. ARTICLE 19 RATES FOR EMPLOYEES FOLLOWING CERTAIN PERSONNEL ACTIONS .-'.. Section 19.1 TemDorarv Work Assignment. If any employees perform the duties of a higher rank, each employee shall be paid hour-for-hour at the wage rate of that higher rank for all hours during which the employee performs such duties. In all - cases, the basis for determining the Officer-In-Charge (OIC) on any given shift shall be seniority. The most senior officer assigned to that shift automatically becomes the O.I.C. Should the O.I.C. be required to leave work during the shift, the second most senior officer shall automatically become the O.I.C. Section 19.2 Return to Duty. Any employee who voluntarily resigns may be reinstated to the same rank and Step if there is a need for his services within two (2) years after the date of resignation, subject to approval by the City Manager. If there is no vacancy at the time of request for reinstatement, tP.w Personnel Director shall place the name of said applicant at the bottom of the appropriate re-employment list for the remainder of the two (2) year period. 24 .......~f;n.,~ '_.'._- >< "'""--"'~~' "'-.' .~ ..'~ ,_~",,'~~>'.",-"'" ~ "" Section 19.3 Return from Militarv Service. Pursuant to the Ohio Revised Code Section 5903.03, any employee who leaves, or has left, the City service to enter the active service of the Armed f=orces of the United States, or any branch thereof, and who subsequently is reinstated to employment with the City, shall be entitled to receive compensation at the Step rate to which the employee would have been entitled had service with the City not been interrupted by service in the Armed ... Services. Section 19.4 Reinstatement from Authorized Leave. Time spent on authorized leave Irf..""i shall be credited for purposes of step advancement and shall not constitute a break in service. ARTICLE 20 HOURS OF WORK AND OVERTIME Section 20.1 Workweek. The workweek normally consists of forty (40) hours based on five (5) consecutive eight (8) hour work days and two (2) consecutive days off. Section 20.2 Overtime. Employees shall be compensated at straight-time rates for all hours in paid status, except that all hours in excess of either eight (8) hours in paid status in any day or forty (40) hours in paid status in any workweek shall be compensated for at a rate of time-and-one-half (1-1/2). Employees shall be paid at double time on the seventh consecutive day of work within a given workweek, if ordered to work. No employee shall be paid for overtime work which has not been authorized by a supervi"sor. Except in emergency situations, the Division shall post available overtime opportunities and shall attempt to evenly distribute, as far as practicable, overtime to employees requesting the same. ,r!f/l" Section 20.3 Call In Pay/Court Pay. When an employee is either called in or scheduled in advance for work by an appropriate supervisor, and the employee reports .. for said work more than 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 overtime rate. This provision shall apply portal to portal to employees called in from off-duty for court appearances. Employees, otherwise off duty, who are required by the 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 hours in duration. In order to be _ compensated for more than two 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 20.4 Comoensatorv Time. At the election of the employee, overtime may be compensated with compensatory time off in accordance with the provisions of the Fair Labor Standards Act. Such compensatory time off shall be equal to one and one- half (1-1/2) times or two (2) times as applicable for hours for each one (1) hour of overtime worked. The maximum number of accumulated compensatory hours 25 "" ~ '..~~ ., ' ~ "",,,''''.~-'-''''V__' ~_. permitted in an employee's compensatory time bank, at any point in time, shall be Two Hundred Forty (240). At the end of each calendar year, the employee shallbe permitted to convert up to 50 hours of accrued 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 December 31, of each year. The cash conversion will then be paid in the form of a ... separate payroll check and shall be forwarded to the member on the scheduled pay date at the conclusion of the 1 st pay period in the new year. Section 20.5 Payment For Accrued Comoensatory Time Uoon Seoaration. An employee who has accrued compensatory time shall, upon the termination of employment for any reason, be paid the unused compensatory time at the rate of pay received by the 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 estate. Section 20.6 Use of Comoensatory Time. Any request for compensatory time of more than eight (8) consecutive hours shall be submitted at least seventy-two (72) hours in advance of its requested usage. The notice period may be waived in cases where circumstances make compliance impracticable. Requests for eight (8) or less consecutive hours use may be submitted with less than seventy-two (72) hours notice and may be approved by the shift supervisor on the same shift, as schedu.ling and operational needs of the Division permit. Compensatory time may be requested in multiples of one-quarter hours. - Section 20.7 Aoolication to SoeciaJ Dutv. Special duty is defined as employment by a separate and independent employer of an employee performing law enforcement or related activities under provisions whereby the Division: 1) requires the employee be -,',"" hired by a separate and independent employer to perform such duties; 2) facilitates the employment of the employee by a separate and independent employer; and 3) otherwise affects the conditions of employment of the employee by a separate and independent employer. If an employee, solely at the employee's options, agrees to be employed on special duty, the hours the employee is employed by a separate and independent employer in law enforcement or related activities shall be excluded by the City in the calculation of the hours for which the employee is entitled to overtime compensation. "Special Duty" is also defined as any detail where membere"perform Police duties for a public or private entity in Dublin and requires three (3) or less Officers. The Bargaining Unit and the City hereby agree that a "Special Duty" Committee shall be formed for the purpose of making recommendations to the Chief of Police regarding rates, assignments, procedures, and guidelines concerning "Special Duty". Said Committee shall be comprised of two (2) members appointed by the Chief of Police 26 !II' ._---~~~,.~~.',~'-~~"...~"-- _ ~,~,___".~.__~'"_"",.___'_0___=_~....~_~~_~~.._r__~'._..~.."._~,.,~,~,~,"_~.~ and three (3) members appointed by the Bargaining Unit, and shall meet at least once on an annual basis. Any detail where a public or private entity requests four (4) or more Officers shall be designated as a "Special Event". Guidelines, rates, assignments, and procedures for a "Special Event" shall be set by the Chief of Police or his designee. ... ARTICLE 21 ..., UNIFORMS, EQUIPMENT, AND ALLOWANCES Section 21.1 Initial Issue. Upon appointment to the Division, each new uniformed Officer shall receive the items listed below: 6 long sleeve navy blue shirts (winter) 6 short sleeve navy blue shirts (summer) 1 8-point cap (summer-mesh cover) (winter-vinyl cover) 1 fur cap (winter) 1 raincoat 6 pairs dark blue pants (all weather) 3 plain navy blue neckties (clip-on) 1 jacket with appropriate City patches (lightweight with lining) 1 winter coat with zipper lining and appropriate City patches 1 pair all season plain-toed black uniform shoes 1 velcro belt 1 velcro gun belt 1 holster 1 double ammo case and two (2) speed loaders (or magazines, at Chief's option) 1 set of handcuffs -'-'." 1 hat badge 2 breast shields 1 tie tac 1 name plate 1 service weapon 1 walkie holder (if necessary) 1 set of Body Armor 1 baton, with specifications approved by the Chief Section 21.2 Change in Issuance. Should the required isslZBnce of uniforms, uniform parts, leather, or equipment for the entire Division be changed by the City, all Officers shall be provided the new uniforms, uniform parts, leather, or equipment at no cost to the Officer. Body Armor shall be replaced every five (5) years at the City's expense. 27 .. ~ ~ _.~---~..,-~.'"' , Section 21.3 Plain Clothes Issue. An Officer, when assigned by the Chief to the Detective Bureau for "Plain Clothes"duty, shall receive the following: * $1,000 for appropriate clothing; * 1 holster * 1 ammo clip If' Section 21.4 Annual Uniform and EauiDment Allowance. Effective January 1, 1993 and continuing through December 31, 1994, each uniformed Officer, after his initial year of service, shall receive an annual uniform and equipment allowance in the amount of $600.00. Effective January 1, 1995, the annual uniform allowance shall ... be increased to $625.00. This allowance will be payable in two (2) semi-annual installments of an equal amount. The first semi-annual payment shall be made on the anniversary date of the employee's first year of service and the second semi-annual payment shall be made on either the following January 30 or July 30, whichever next follows the employee's first anniversary date. Thereafter, these semi-annual pay- ments shall be made on January 30 and July 30 of each calendar year. The uniform and equipment allowance shall be used by the employee to maintain his/her required uniform, uniform parts, leather, and equi.pment including necessary replacement thereof. Section 21.5 Annual "Plain Clothes" and EauiDment Allowance. Effective January 1, 1993 and continuing through December 31, 1994, each plain clothes officer, after his initial year of service in the Detective Bureau, shall receive an annual allowance in the amount of $600.00 payable in two (2) semi-annual installments of equal amounts. Effective January 1., 1995, the annual uniform allowance shall be increased to $625.00. The first semi-annual payment shall be made on the anniversary date of the employee's first year of plain clothes assignment and the second semi-annual payment shall be made on either the following January 30 or July 30, whichever next follows w: the employee's first anniversary date of plain clothes assignment. Thereafter, these semi-annual payments shall be made on January 30 and July 30 of each calendar year. """ Section 21.6 Reauired Purchases. Uniformed Officers shall be required to purchase uniform parts and equipment as defined by appropriate orders, regulations, codes, or other policies of the Chief and City Manager. Plain clothes Officers will be expected to purchase the needed clothing and equipment to function as a plain clothes Officer of the Division, as required by appropriate orders, regulations, codes, or other policies of the Chief and City Manager. Section 21.7 Drv Cleaning. The Employer shall provide uniform cleaning at no cost to the employee. In any week, an Officer shall be entitled'TIJ have laundered/cleaned up to ten (10) uniform items. In addition, each Officer shall be permitted to have his winter coat and hat cleaned once each year. Uniform items for non-uniformed mem- bers shall be defined as items of regular work clothing. The City shall designate a dry cleaning service or services where uniforms are to be cleaned and the City shall have the exclusive authority to contract for the provision of such services. 28 " ""~....."",-",,,,",- .'~.,-",,,~ . ~,~"""-"-~'~'''''. , Section 21.8 Damaged. Destroved.lost Personal Prooertv. In general, personal prop- erty of an employee, previously approved for City use, which is damaged or destroyed in the line of duty shall be replaced by the City, via a reimbursement procedure, up to a maximum value of $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 p."'" 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 ident- ified 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 and off-duty service weapons, the maximum reimbursement for which shall be the replacement value of said items. Personal property of an employee, previously approved for City use, which is lost in the line of duty, may be replaced, via a reimbursement procedure, in full or partial value, up to a maximum value of $100 on a per occurrence basis, if it can be shown that reasonable precautions had been taken by the employee to prevent such loss. Requests for the replacement of lost personal property must be submitted in writing to the Chief identifying the circumstances under which the loss occurred and the type, brand name, model, value, condition prior to loss, etc. of said property. If such request is subsequently approved, the employee may be reimbursed for the purchase of replacement personal property which, in all respects, is similar to that which was lost, up to the maximum value identified above, provided that the 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 and off-duty service - weapons, the maximum reimbursement for which shall be the replacement value of said items. );0. For purposes of this Section of the Contract, personal property shall include uniform parts as identified under Section 21.1 (Initial Issue). Section 21.9 Termination. Upon termination, employees shall return to the Division all Division-issued uniforms and equipment in good condition, minus normal wear. Upon retirement, under honorable conditions, the City Manager may permit an employee to purchase his issued service weapon for one dollar ($1.00). ARTICLE 22 ~ V ACA TION LEAVE Section 22.1 Vacation Year. The vacation year for employees shall end at midnight on December 31 of each year. 29 .. -" "-~...'-'-- ...'~-~ ~ . """"~"~"'._'."-'" Section 22.2 Conditions for Accrual. Employees shall accrue vacation leave by pay period at the annual rate set forth in Section 22.3, based upon years of continuous active service. An employee, having no prior service credit as provided by Ohio Revised Code Section 9.44, may not use any accrued vacation until completion of six (6) months of continuous active service. Section 22.3 Accrual Schedule for Vacations. Each employee shall be entitled to vacation leave based upon the following vacation accrual schedule: .,.:.. Completed Years of Public Service Paid Vacation Davs (Hours Per Year) he: o Year - 1 Year 80 Hours 2 Years - 4 Years 108 Hours 5 Years - 10 Years 140 Hours 11 Years - 15 Years 160 Hours 16 Years - 20 Years 178 Hours 21 Years or more 208 Hours Section 22.4 Vacation Carrv-Over. An employee may automatically carryover from one calendar year to another a maximum of (160 hours) of vacation leave previously earned but not used. Section 22.5 Vacation Scheduling. The Division shall attempt to honor all vacation requests in the following manner with the understanding that all vacation leaves shall be taken at such time or times at the discretion of and as approved by the Chief of Police. A. Annual Scheduling. In January, the Division shall post a vacation schedule. Members shall submit written requests for vacation leave by ~'f February 1. In cases of conflict, seniority shall control as to granting of requests for vacation leave. In the event a member's request is disapproved, that member shall have 72 hours to resubmit an alternate ",,-~ request for consideration. During said 72 hour period of time, vacation requests from other less senior members shall not be approved. In the event the member does not resubmit his alternate request within said 72 hour time period, vacation requests from other less senior members may then be approved. B. Casual Scheduling. For other than annual scheduling, employees may on a first-come basis request occasional use of vacation leave. Requests of eight (8) hours or less usage will be acted upon by the shift supervisor, where practicable, during the tour of duty in \"':<i'1ich the request is made. If no conflict in scheduling occurs, the employee's request shall be honored. C. Vacation leave may be taken in multiples of one-quarter (1/4) hour. 30 11" ~""'" "",,"'..~......'" .. _<"","~"""~~_~"~,,,,'C'""""'~'~'~~"""'"".~"'~'^'''''''~~''''"~~ D. All vacation hours shall be paid at full pay at the applicable straight time rates; however an employee ordered to work while on approved vacation leave shall be paid at the double time rate, with a minimum guarantee of four (4) hours pay for each such call-in. E. Employees who are laid off, who resign with two week's notice, or who are separated from City service shall be paid all unused but accrued vacation to which they are entitled at the rate of pay in effect at the Il'l'> time of separation. In the event of an employee's death, such compensation shall be paid to the employee's surviving spouse, or secondarily his estate. "". ARTICLE 23 HOLIDAYS Section 23.1 Paid Holiday. The following are designated as paid holidays for all employees: New Year's Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day B'''' Section 23.2 Special Holidays. Any special holiday, as designated by the City, when City offices are closed for all or part of the day, will also be observed as a holiday under this Article. - Section 23.3 Holiday Work. Each hOliday which is observed on an employee's regularly scheduled workday shall be worked by the employee unless the employee is excused from work. However, the Division may schedule the workforce as necessary to provide adequate coverage to the City. Employees may request to be scheduled off on a particular holiday by timely request to the Chief of Police. Such request shall be granted as long as the request does not substantially degrade service to the community. Conflict involving multiple requests shall be resolved on a seniority-within-ranks basis. ~ Section 23.4 Holiday Pay. A. If a holiday falls on an employee's regularly scheduled day off, and the employee is not required to work the holiday, or if the employee is excused 31 - '----,<~~~~- - L:i;l ~" ,). r" "'""" from work, the employee shall receive eight (8) hours compensatory time at the straight time rate, provided that the employee was not absent without authorized leave on either the work day before or after the holiday. An employee on sick leave the workday before or after the holiday may be required to present a doctor's certificate in order to receive credit for eight (8) hours of compensatory time. B. When an employee works a holiday on his regularly scheduled workday, he II" shall be entitled to: 1. Straight time pay for all hours worked if eight (8) hours or less are ....' ,worked, and the appropriate overtime rate for any hours worked in excess of eight (8) hours; 2. At the employee's option, eight (8) hours payor eight (8) hours compensatory time at the straight time rate; and 3. One hour of compensatory time at the straight time rate for each two hours worked, to a maximum of four (4) hours of compensatory time. C. When an employee works a holiday on his regularly scheduled day off he shall be entitled to: 1. Double time pay for all hours worked; 2. At the employee's option, eight (8) hours payor eight (8) hours of compensatory time at the straight time rate. Section 23.5 Personal Davs. Each employee shall be entitled to four (4) days paid ,. personal leave per calendar year with the exception that should an individual be appointed on or after November 1 of any given year under this Contract, said individual shall receive only one (1) day of personal leave. All personal leave must be used within the same calendar year in which it is allocated or said personal leave shall UJ...',..'" be forfeited. Personal leave shall be paid at the employee's straight time rate. ARTICLE 24 INSURANCE Section 24.1 Medical. Dental. & Vision Benefits. The City shall make available group medical, prescription drug, dental, and vision benefits to all employees and depen- dents 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 associ- ated with the program. The plan design of this program shall be substantially the same as that in effect on December 31, 1992 and shall remain in effect until Decem- ber 31, 1995, with the exception of the following plan design modifications which 32 - ';.J' -_..~,~-'~~""= shall become effective upon Contract_execution: A. The Annual Out-of-Pocket Maximum shall be raised from $150 to $500. B. The Prescription Drug Co-payment shall be raised from $1 to $5. C. Mental, Nervous, Drug & Alcohol benefits shall be limited as follows: ...' * Inpatient treatment shall be limited to 30 days per calendar year or $15,000 per calendar year, whichever occurs first. .'".. * Outpatient treatment shall be limited to $2,500 per calendar year at an 80/20 coinsurance and the plan shall pay no more than $80 per visit. (Under the 80/20 coinsurance provision, the Plan will pay 80% up to a maximum of $80 per visit and the employee will pay 20% per visit.) In addition, the employee's 20% shall not be credited towards reaching the $500 Annual Out-of-Pocket Maximum for which the employee is responsible. D. Outpatient Diagnostic, X-Ray, and Lab benefits shall be limited to an 80/20 Coinsurance until the $500 Annual Out-of-Pocket Maximum is reached. (Under the 80/20 Coinsurance provision, the Plan will pay 80% and the employee will pay 20% until the $500 Annual Out-of-Pocket Maximum is reached by the employee. ) E. Effective January 1, 1994, the Co-Insurance provision shall be changed from 90/10 to 80/20. F. In order to access mental, nervous, drug & alcohol benefits under the program, I!" the employee or dependent must first access the City's Employee Assistance Program and must accept and follow the recommendation of the EAP Counselor regarding the most effective treatment option available (Le. Inpatient vs. Outpatient). Otherwise, the plan will not cover the cost of treatment, whether _\""'~ inpatient or outpatient. Section 24.2 Liabilitv 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 la~uit arises. Section 24.3 Change in Carriers. If it becomes necessary to change carriers, and such change would affect the benefits under the plans, the Employer agrees to meet with representatives of the bargaining units prior to implementing the change in order to negotiate the impact of any proposed change. 33 - Section 24.4 Life Insurance. The City shall provide group term life insurance coverage in the amount of $30,000 for each employee with the full premium for said coverage paid by the City. ARTICLE 25 SICK LEAVE .' Section 25.1 Sick Leave Accrual. All employees shall be entitled to sick leave with pay at the rate of eighteen (18) days annually, accrued by pay period for hours in paid status. Sick leave with pay shall accrue without limitation. New employees shall be ... granted sick leave at the date of their employment and "advanced" three (3) days of sick leave. However, no additional sick leave will be allowed to accumulate until the end of the third month of employment. Section 25.2 Use of Sick Leave. Sick leave with full normal pay shall be granted for the following reasons: A. Personal illness or physical incapacity. B. Illness of an employee's immediate family requiring the employee's personal care and attendance. Immediate family, for the purpose of this section, is defined as mother, father, spouse, son, daughter, or legal guardian who stands in place of a parent. C. Enforced quarantine of the employee in accordance with community health regulations. D. Where injury leave has expired and the employee must be absent from work for ... an additional period. E. Sick leave may be requested for other members of an employee's household, ... and may be approved by the City Manager on a case-by-case basis. An employee contemplating absence on sick leave shall inform the Employer of the fact, except in the case of provable inability to make a phone call, and provided further that such calls shall be made as soon as possible thereafter. Absence for a fraction of a day that is chargeable to sick leave in accordance with these provisions shall be charged proportionately in one-hour increments, if needed. A doctor's certificate, or other proof of illness may be required for sick leave use if, in the judgement of the Employer, there may be some questions as to the legitimacy of the need for sick leave. Abuse of sick leave may be cause for disciplinary action. 34 ..... ~"--'~"'~ -~;,.'. , Section 25.3 Payment for Unused Sick Leave. A. After at teast ten (10) full years (i.e. 120 months) of continuous service with the City, an employee, who is laid off or who qualifies for retirement benefits under the State of Ohio's "Police and Fireman's Disability andPension Fund", and actually retires from City Service, shall be entitled to receive payment for accumulated unused sick leave. The rate of pay for such accumulated sick leave shall be at employee's straight time hourly rate of pay at separation mul- ... tiplied by one-third (1/3) of the total number of accumulated sick leave hours. Total payment under this provision shall not exceed 480 hours (60 paid days). In the event an employee dies while in the employ of the City, except as pro- w vided in paragraph (B) of this section, and the employee qualifies for his respec- tive retirement/pension fund, his spouse, or secondarily his estate, shall be paid the aforementioned rate of redemption for accumulated unused sick leave. B. If an employee is killed in the line of duty, his surviving spouse, or secondarily the estate, shall be paid for one hundred percent (100%) of the value of the employee's accrued but unused sick leave, at the straight time rate in effect at the time of death; The amount so paid shall constitute payment in full for all accrued and unused sick leave credited to the employee. .~ .....,,,,,,, ~ 35 - iI ", ~ ,"', ""'<"'"'"'-""--" . .-..~- , 2-24-93 Side-bar Agreement to Article 25 (Sick Leave) ""., of Contract between the City of Dublin and the F.O.P. Capital City Lodge #9. _. February 24, 1993 The Fraternal Order of Police, Capital City Lodge #9 and the City of Dublin hereby agree that for purposes of Section 25.2 (Use of Sick Leave) of the 1993-1995 Contract, bargaining unit members shall be permitted -to petition the City Manager for usage of Sick Leave for illnesses to family members outside the definition of immediate family under Section 25.2 paragraph B. Both parties further agree that the City Manager shall evaluate such requests and may, on a case-by-case basis, approve such requests, at his discretion. () Z, -,;~- <3 . P. Capital City Date ... il)~L - -......"" J--AL{ -13> City of Dublin Representatives Date ~ - '...... ""_...="""-~_..~,~,".="~ ~~'" "-,"'~ ~-"...,~. ~-,-,-,~,~","""",~~~""",,-~_.,~",,,,-,-,,,,""'-''''''"''''''--'''''-'-'~=' .. ARTICLE 26 INJURY LEAVE Section 26.1 Iniury Leave with Pay. Injury leave shall be granted by the City Manager, or his designee, for a period of up to one hundred eighty (180) calendar days after the date of injury giving rise to the need for such leave. Injury is defined as a service-connected disability which interferes with an employee's ability to ... perform his normal duties, and which has been reported to the employee's immediate supervisor not more than three (3) days from the date such injury occurs. .,.<-., Simultaneous with the request for injury leave, the employee shall also make application and actively prosecute a claim for benefits under the Workers' Compensation Law of Ohio. If application for benefits under the Workers' Compensation Law is favorably considered, the Employer's obligation under the continued use of injury leave shall be the monetary difference between the employee's regular rate of pay and the benefits received under the Workers' Compensation Law. It is the intent of the Employer to assure the employee of full pay while on injury leave, considering benefits from Workers' Compensation and the Employer in the aggregate. In cases where injury leave or sick leave is necessary, the Chief of Police may internally address a light duty work policy which will provide for the attempted placement of Divisional personnel who are unable to perform in their normal capacity. The limitations imposed on injury leave shall be considered as limitations on leave granted as a result of each incident of a service-connected accident or illness, rather than limitations on leave to be granted in anyone calendar year or other unit of time. ..' ARTICLE 27 SPECIAL LEAVES ""'~,,'-" Section 27. 1 Leave With/Without Pay. A. Leave Without Pav. Leave without pay may be granted, upon the approval of the City Manager, or his designee, if requested in writing by the employee. An employee on leave without pay shall not accrue sick leave or vacation leave benefits, and the employee will be required to pay 100% of the cost associated with maintaining his medical, dental, and/or vision coverages if he wishes any or all of said coverages continued. Failure of any em.;:)loyee to report promptly at the expiration of such leave of absence shall be considered as a resignation. Leave without pay may be granted for: 1. Personal Leave. A leave without pay may be granted at the discretion of the City Manager, or his designee, for personal reasons not to exceed 37 - ,,"...~__~'_~'...__~_w_...".,_'. ._',.~C""'~"''''''''~''.',.''~'___<''__ .___",'.~~ . - ~;""""...;,',--,,,~~ > _e' ",",.,","~~",~,'...c~~~""~",._ thirty (30) days without loss of seniority, if the employee can be spared. This- may be extended only with the written -approval of the City Manager, or his designee, and must be submitted in writing a minimum of two weeks prior to the requested date of the extension. 2. Extended Illness or Accident Leave. A leave without pay may be granted to an employee for a period not to exceed one (1) year without loss of seniority when such employee is physically unable to report for work --- because of illness or accident. The employee must promptly notify his supervisor of the necessity therefore (and the supervisor shall transmit the request to the City Manager, or his designee, for approval), and the '" employee must supply certification from a qualified physician attesting to the necessity for such absence. 3. Maternity Leave. A maternity leave without pay may be granted to an employee without loss of seniority upon approval of the City Manager, or his designee. Extension of the leave may be granted for a period not to exceed one (1) year, if the employee's physician states in writing that such an extension is needed for recuperative health reasons. Leave without pay during the probationary period shall not be counted part of that period. B. Leave With Pav. Leave with pay may be granted for good and sufficient reasons which are considered to be in the best interest of the City, by the City Manager, or his designee, but only in the event of extraordinary circumstances. Section 27.2 Jurv Dutv Leave. Leave with pay may be granted to an employee in order that he may serve required jury duty, or if he is required by law to appear in a case resulting directly from the discharge of his duties as a City employee. In such -" cases, all witness or jury fees shall be signed over to the City. Section 27.3 Bereavement Leave. & A. In the event of death in the immediate family, an employee shall be entitled to up to three (3) consecutive paid work days for a funeral service and/or burial, charged against the employee's existing sick leave balance, and an additional two (2) days for such services out of state, if needed for these purposes, also charged against the employee's existing sick leave balance. B. The immediate family for purposes of bereavement leave shall include: spouse, son, daughter, brother, sister, parent, legal guardian, person who stands in place of a parent, grandparent, grandchild, step-f-s-ther, step-mother, step- brother, step-sister, step-son, step-daughter, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law grandparent-in-Iaw, half brother and half sister, and any other relative living in the home of the employee. 38 lIII""", ",~~,~'~~"_~"_,...~.,..~,,,-..c... .','_,~~' ., , . ~._"~" ~,..,,~,~ - '~~~CA_"'~"~__"""""- ~ Section 27.4 Militarv . Leave. Except as may otherwise be specifically provided herein, an employee may be granted a leave of absence without pay to be inducted or otherwise enter military duty. An employee who, as a member of the Ohio National Guard, the Ohio Defense Corporation, the Ohio Naval Militia, or as a reserve member of the Armed Forces of the United States, is called upon to receive temporary military training, shall be ..- entitled to a leave of absence with pay for a period or periods not to exceed thirty (30) calendar days in anyone (1) calendar year. An employee qualifying for paid military leave shall be paid such employee's regular compensation less whatever compensation and employee may receive for such military service. _. ARTICLE 28 TRAINING AND TUITION REIMBURSEMENT Section 28.1 Training. In recognition of the value of continuing education and professional development of employees, the City shall establish a goal of sixty (60) hours of annual training for employees at the City's expense. This training may be either initiated by the City pursuant to a training- schedule or by the employee, with the approval of the Chief of Police or his designee. The training shall be related to an employee's performance of his job duties or in preparation for job duties which may be assigned to the employee after completion of training. Reasonable efforts shall be made to accommodate the training to the employee's regular work schedule. The City shall endeavor to provide as much advanced notice as practical to employees regarding their training schedules. In that this training is a work-related duty, the employee shall receive all' pay and benefits to which he is otherwise entitled during training. fIiIr""'''' 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 a City-owned vehicle. Where overnight lodging is provided at the City's expense, an emplQw~e will only be reimbursed for mileage to and from the training facility on one occasion each way unless otherwise approved or directed by the Chief. All other travel shall be considered to be non-work-related and non-reimbursable. Bus, train, or airfare at tourists rate is provided for lengthy trips when travel is approved by the City Manager. 39 -- .-....~'~ '~--'-,-- ., """"~--,,'~,~~ --' '~ ... .........,""'~,...., " "_","",,,,;c,,,,,,,~'_""'"-";~"""'_,,,,,,,.;;,,~.......,~,,., D. Hotel or motel charges when lodging is not provided as term of tuition payment. E. Hourly rates will be paid when schools or training are scheduled during regular working hours. F. All necessary tools and equipment required by the course of instruction. ... Checks may be issued in advance for paragraphs A and D of this Section. Section 28.2 Tuition Reimbursement. Oil< A. Reimbursement Program. Effective January 1, 1993, and for each calendar year thereafter under the term of this Contract, each employee shall be eligible for a maximum of Two Thousand One Hundred Dollars ($2,100.00) in reimbur- sement per calendar year for fees and required textbooks, and job-related courses of instruction voluntarily undertaken. B. Necessary Approval. All coursework subject to reimbursement shall be transmitted, in advance and through the Chief of Police to the Director of Personnel & Purchasing for approval. The Chief of Police shall provide a written recommendation concerning approval/disapproval of the request at time of transmittal to the Director of Personnel & Purchasing. If practicable, an employee shall make application for approval of coursework reimbursement at least fifteen (15) days prior to commencement of the course of study. The Director of Personnel & Purchasing shall evaluate the employee's coursework/degree program for job-relatedness and shall notify the employee, in writing, regarding his approval/disapproval of said coursework/degree program on that basis. The City agrees that approval of coursework/degree .c,...,' 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 1IiilI..._. 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. Course Attendance. Courses are to be taken on other than scheduled working hours, unless approval is obtained from the Chief o!J?olice, or his designee, to take such courses on duty time. D. Reimbursement Procedure. Reimbursement shall be made upon successful completion of the course with a grade of C (2.00) or better. The employee shall submit an official transcript or certificate demonstrating successful 40 - - ~.~-- ' -. 'gM - iji,""]J t -li:',iC-kr~ -- "llT la..- ';' . completion of the course and a receipt from the institution confirming that 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 29 FIELD TRAINING OFFICERS . Section 29.1 Comoensation. Any bargaining unit member who serves as a Field Training Officer shall be entitled to one (1) hour of compensatory time for each forty (40) hours of training time spent with the trainee. ARTICLE 30 CANINE UNIT Section 31. 1 Comoensation for Care and Maintenance of Division Canine. Having given the appropriate consideration to recent interpretations of the Fair Labor Standards Act by the United States Department of Labor, the City, and the bargaining unit hereby mutually agree to implement the following relative to the care and maintenance of the Division canine. The canine will be the property of the City of Dublin and will be licensed in accordance with all State and Local laws as such. The City will provide all food, equipment, insurance and veterinary services for the canine. The Canine Officer will .",.' ' be responsible for the care and maintenance of the assigned canine. The canine will live with the Officer inside his/her residence and will not be permitted to be kenneled on his/her property. The Canine Officer will be assigned a normal duty shift not to exceed seven (7) hours per day unless an overtime assignment requires him/her to liIIli<..- ,w work overtime. The Canine Officer will be paid for an eight (8) hour shift. The one hour of compensation for each normal working day will be used for the care and maintenance of the canine including but not necessarily limited to cleaning, feeding and caring for the canine during the Officer's off-duty time on any given work day. Travel time to and from the Canine Officer's normal duty assignment does not constitute any part of his/her shift. Four (4) hours of compensatory time per fourteen (14) day period will be earned by the Canine Officer for the care and maintenance of the canine on the Officer's normal days off. Work performed on a normal day off other than canine care and maintenance shall be paid at tllg"applicable overtime rate. Due to the nature of this assignment, the Canine Officer agrees to be "on call" by pager with the understanding that his/her services may be requested at any time, day or night. Should the Canine Officer not be available to respond to a request for service during his/her normal time off, that person shall not be subject to disciplinary action. However, repeated failure to respond to requests for service during normal 41 .... "..,~,__~__,__,,,,',,,",-""""',,,,,.,,,'.c"d'. "-"""-,~~'" i'_ " -'~"'>-"'"'' ~,..." -,~_.,""',."", '.~'" ~ . i'" ~' , ~ :'''-l',ig;.-,''~_"""".;.._-,;;~~",,,~ . .' time off is grounds for are-evaluation of the specific Officer's commitment to the program and could be used as part of assessing whether to retain said Officer in the position of Canine Officer. There will be no compensation given until his/her services are requested and the Canine Officer has actually left his/her residence in response to a "call out". ARTICLE 31 .... DURATION Section 31.1 Duration. All of the provisions of this Contract shall become effective "'"", January 1, 1993, unless otherwise specified. This Contract shall continue in full force and effect until December 31, 1995. Section 31.2 Sianatures. Signed and dated at Dublin, Ohio on or as of this day of . r- a-_,." -- 42 - __.,.,_~,_~'. ",-,~'~',.__..~ -' '-'nJ:"'"";;,;,_,,,,,,,,"..,,",,,,,,..,"~;.,,",,,,,,,,,, ilILilI'l\ii"~'d_'_-t'filllf"-"ir!lrn'"",--,;",;,,_':"~ _.....,,~'::..!:t .'J'.","'"_.." ,;."....'ltl_""'~"""~_,- STAFF REPORT TO: Members of Dublin City Council FROM: Timothy C. Hansley, City Manager SUBJECT: Contract Between the City of Dublin and the F.O.P. '" Capital City Lodge #9 DATE: April 14, 1993 ... INITIATED BY: David L. Harding, Director of Personnel & Purchasing 01l\-- SUMMARY , ACTION RECOMMENDED Attached for your consideration please find Ordinance No. 28-93 ratifying the Contract between the City of Dublin and the Fraternal Order of Police, Capi tal City Lodge #9 regarding wages, hours, terms, and conditions of employment. Also attached for your reference is a copy of the Contract document upon which agreement has been reached by both parties. The attached Contract represents the culmination of the collective bargaining process which began in October 1992 and which consumed many hours of drafting, researching, analyzing, negotiating, and arguing before a Fact-Finder. The negotiation process that took place between representati ves of the ci ty and the F. o. P. was conducted in a professional, business-like manner and both parties worked very hard to bring forth what we believe is a fair Contract to both parties. As you are aware, Staff and the F.O.P. were able to reach agreement ""'~ on all but three issues, which were eventually submitted to Fact- Finding. Said issues included: * Wages * Rank Differential ~ * Prescription Drug Benefits Although Staff and Council did not agree with the Fact-Finder's determination on these issues, acceptance of the Fact-Finding Report was deemed to be in the best interest of the City from a risk management standpoint; hence Council did accept the Fact- Finding Report. As you are also aware, this is the 3rd formal, comprehensive labor contract negotiated by the City with the F.O.P. As in the past, Staff enlisted the expertise of Mr. Robert Weisman from the law firm of Schottenstein, Zox, and Dunn to guide staff through the collective bargaining process. Mr. Weisman's expertise was invaluable in assisting Staff with this project. - ~_",~,_,,,""__ua' .~' --,~"""'",'i...;",,,02?""""".6~,,~';"- Please be advised that pursuant to the Collective Bargaining Act (Chapter 4117 of the Ohio Revised Code), Council must approve the funding for the economic provisions contained within the attached Contract within 30 days. Therefore, Council action will be required at either the April 19th, May 3rd, or May 17th meeting of Council. HIGHLIGHTS OF HEW CONTRACT .. The purpose of this section is to provide Council with a brief summary of the noteworthy changes in contractual provisions resulting from the negotiation process. It should be emphasized ~ that the very nature of the collective bargaining process requires both parties to engage in a "good faith" effort to reach agreement and to do so requires compromise on the part of both parties. In the opinion of Staff and the City's labor counsel, both parties approached the process in such a spirit of compromise and hence, the following provisions reflect an agreement which is fair to both parties. Article 15 - EmDloyee Assistance proaram This Article provides coverage for a broader range of personal difficulties than did the EAP contained in the previous contract. Although the language differs significantly in certain areas when compared to the previous contract, said language reflects current practice in that the new EAP was implemented on a City-wide basis on May 1, 1992. At time of implementation, the City determined that offering the program to all employees of the City simul taneously , whether unionized or not, would most likely be received as a "good faith" gesture on the part of the City to maintain good employee relations. Article 16 - Layoffs ....' , This Article is a new Article. Such an Article was not contained in previous contracts. Both parties realize that although a layoff , might not be likely in the near future, it is best to have language _ in the Contract in the event such might become necessary. Article 18 - Rates of Pav/Waaes section 18.1 (Wages) of this Article reflects the determination of the Fact-Finder which Council accepted at the April 5, 1993 Council Meeting. This Article reflects wage increases of 6% in 1993, 5.5% in 1994, and 5.0% in 1995 for employees within the rank of Police Officer and establishes the rate of pay for Sergeants at 14.5% above Step 4 of the Police Officer rank in 1993, 15.0% in 1994 and 15.5% in 1995. section 18.5 (Longevity Pay) of this Article adds a level to the longevi ty pay schedule not contained in the previous contract. The parties agreed to add level five ($925.00) for twenty or more years of service with the city of Dublin. The City's willingness to agree to such a change in the longevity pay schedule was based upon - __~,,~.," "...'.... -"-'''''-'''''-''"'~ "-_"""",=,,_,~_,,;'" ''''"''''''''",'',''''>'>4;;'''''''oI''..<.i<t~#c____ a survey of other jurisdictions in the Central Ohio area conducted by Staff during the negotiation process. It should be noted that the City was competitive with these other jurisdictions at every level with the exception of the twenty year or more level. It should be emphasized that because the comparables revealed that the City was competitive at the first four levels, Staff was able to hold to their position that no increase at these levels was warranted; hence levels one through four ($525, $625, $725, and ~, $825 will remain at 1992 levels. Section 18.6 (Shift Differential) establishes a pay differential for bargaining unit members when the majority of their 8 hour shift - falls within the hours of 5:00 P.M. and 7:00 A.M. This is a new provision when compared to the previous contract. Since the City became involved in formal contract negotiations with the F.O.P. in 1988, the City has been successful in avoiding shift differential. During this round of negotiations, however, the City was not able to avoid shift differential due to the strength of the comparables. The vast majority of jurisdictions in the area have shift differential in their collective bargaining agreements. Although the City agreed to shift differential, it should be noted that the hourly shift differential rate agreed to by the City in 1993 and 1994 is below the market rate when compared to several other jurisdictions in the area. The hourly rates of .40 in 1993, and .45 in 1994 are considerably less than the existing rates in all but one of the following jurisdictions, as illustrated in the following table. The hourly rate of .50 agreed to by the City in 1995 is competitive with the existing rates in the following jurisdictions. ~ Hourly Rate Columbus .50 Gahanna .50 - Worthington .60 Westerville .50 - 2nd shift .75 - 3rd shift Delaware .20 - 2nd shift _ .30 - 3rd shift Upper Arlington .60 Article 20 - Hours of Work and Overtime section 20.4 (Compensatory Time) contains a new provision compared to the previous contract. This new provision allows bargaining unit members to convert up to 50 hours of unused compensatory time to cash at the end of each year. From an economic standpoint, it is more advantageous to the City to allow such a conversion to cash at a time when the employee's hourly rate is lower, as opposed to converting all unused compensatory time to cash upon retirement or separation later in an employee's tenure when the employee's hourly rate of pay is significantly higher. Staff believes this provision will create a win-win situation for the bargaining unit members as well as the City. m ~ . ~ ,iJ'if'1;i? Article 21 - Uniforms. EauiDment. and Allowances Although not a major change, Sections 21.4 (Annual Uniform and Equipment Allowance) and 21.5 (Annual "Plain Clothes" and Equipment Allowance) provide for a $25 increase in 1995. The City was successful in holding the allowances at the 1992 level of $600.00 during the first two years of the new Contract. · In addition, under section 21.8 (Damaged, Destroyed, Lost Personal Property), the city was successful in negotiating a dollar limit of $100 on the reimbursement for personal property damaged, destroyed, or lost in the line of duty. Under the previous contract, no · dollar limit existed. Article 22 - Vacation Leave section 22.3 (Accrual Schedule for Vacations) provides for an increase in vacation accrual at various levels in the accrual schedule. These increases are displayed in the following table: Completed Years of Accrued Vacation Public Service Hours Per Year o - 1 Year No increase 2 - 4 Years Increased from 104 to 108 5 - 10 Years Increased from 120 to 140 11 - 15 Years Increased from 144 to 160 16 - 20 Years Increased from 160 to 178 21 Years of More Increased from 192 to 208 The city was willing to agree to these increases in vacation accrual given the fact that the comparables revealed the City'S existing accrual schedule was low. Staff conducted a survey of ~" other jurisdictions in the area during the negotiation process which revealed that the ci ty was not in a strong bargaining position in attempting to hold 1992 accrual rates constant. ., Article 24 - Insurance The City was successful in obtaining concessions from the F.O.P. under section 24.1 (Medical, Dental, Vision Benefits). These concessions consist of the following plan design modifications in 1993: * Increasing the Annual Out-of-Pocket Maximum from $150 to $500. * Increasing the Prescription Drug Co-payment from $1 to $5. * Limiting Mental, Nervous, Drug & Alcohol benefits as follows: -Inpatient treatment will be limited to 30 days per calendar year or $15,000 per calendar year, whichever occurs first. ~" ~,'~~&~,.~".,. ........- [.."'[ .":! ~~, -outpatient treatment will be limited to $2,500 per calendar year at an 80/20 coinsurance and the plan shall pay no more than $80 per visit. (Under the 80/20 coinsurance provision, the Plan will pay 80% up to a maximum of $80 per visit and the employee will pay 20% per visit.) In addition, the employee's 20% will not be credited towards reaching the $500 Annual Out-of-Pocket Maximum for which the employee is responsible. "'" -Outpatient Diagnostic, X-Ray, and Lab benefits will be sub- ject to an 80/20 Coinsurance until the $500 Annual Out-of- Pocket Maximum is reached. (Under the 80/20 Coinsurance ~ provision, the Plan will pay 80% and the employee will pay 20% until the $500 Annual Out-of-Pocket Maximum is reached by the employee.) In addition, beginning January 1, 1994, the City was successful in obtaining agreement from the F.O.P. to move from a general 90/10 Coinsurance provision to an 80/20. As Council is aware, the City sought further modifications to the Prescription Drug Plan in the second and third year of the Contract. However, as Council is also aware, the City's position in this regard was not upheld during Fact-Finding. Article 28 - Trainina and Tuition Reimbursement Under section 28.2, the maximum tuition reimbursement amount for which individual employees are eligible has been increased from $1,500.00 to $2,100.00 per calendar year. From a philosophical standpoint, Staff views the tuition reimbursement program as an investment in the professional development of employees, not an expense from which the City derives no appreciable benefit. The - tuition reimbursement program has proven to be a good investment for the City over the past five (5) years. Several employees within the Police Division have earned, or are presently in the process of earning, jOb-related degrees through this program thus _ enhancing their respective levels of knowledge relative to their positions with the city. - _'.~.~~~,,___~~_,~~ ."" '~4_"~'_w_ """""",~~,~'-,~~",~_.,-'.~,,',"-,..,~~".._-,~;,~-,~~-_..,-,,--,,~....,.~,~.._,~-- MEMORANDUM '" TO: Members of Dublin City Council FROM: Timothy C. Hansley, City Manager _",",'If SUBJECT: Amendments to Annual Appropriations Ordinance DA TE: ~ March 26, 1993 INITIA TED BY: Marsha I. Grigsby, Director of Finance Ordinance No. 27-93 is needed to appropriate funds fDr the Merchandising Fund, Dublin Justice Center Fund and the Education & Enforcement Fund. Section 1 appropriates funds for the recently established Merchandising Fund. The majority of the expenditures in this fund will be for the purchase of merchandise for resale. Additional expenditures will be made to the Ohio Department of Taxation for sales tax collected, miscellaneous office supplies and equipment purchases, such as shelving to maintain the merchandise and a display case. Section 2 appropriates additional funds for the Dublin Justice Center. The $320,000 is from $300,000 that was appropriated in the Capitallmprovements ..;;<..",'1 Tax Fund as a transfer to the Dublin Justice Center Fund and $20,000 from estimated interest income. These amounts were not previously appropriated in Ordinance 12-93 because the Franklin County Auditor's office omitted the $320,000 from our amended certificate of estimated resources and our ....",..,'.. appropriations can not exceed the amended certificate. Section 3 appropriates funds in the Education and Enforcement Fund for supplies and equipment used in the DARE program. The revenue in this fund is generated from penalties collected by Mayor's Court or the Franklin County Municipal Court for violations related to driving under the influence of alcohol or drugs. These funds can only be used to provide education in regard to the influences of alcohol and the dangers of operating a motor vehicle while under the influence. 104:93 8I'J'!"