FOP Contract

7/29/2019 FOP Contract

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03-23-12

11-MED-09-1175/1176/1177/1178

2074-02

K28555

FINALAGREEMENTBETWEEN

CITY OF CIDLLICOTHEANDTHE F R AT E R N A L ORDER OF POLICE

FIRST CAPITAL LODGE #59

Effective 7:00 AM January 1, 2012Through

11:59 P.M . D ecemb er 31, 201 4


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Section2.1

Chillicothe Police 2012-2014ARTICLE2

RECOGNITIONThe City recognizes the First Capital Lodge #59 as the sole representative andexclusive bargaining agent to represent all full-time Police Officers, Poiice Sergeants,dispatchers, and all clerks who work solely at the Police Department's Records Division. It isalso understood that it shall exclude all full-time Police Officers above the rank of Sergeant, allprobationary employees, all temporary employees, all part-time employees, all seasonalemployees, and all emergency employees.

Section 2.2 In the event of a new classification created within the City of Chillicothe PoliceDepa,.rtrnent, the City agrees to notifY the Union within seven (7) days of the creation of the newclassification. Within seven (7) days after the notice, both parties agree to sit down for thepurpose of determining whether or not the newly created classification is to be included in thebargaining unit. Should the parties fail to agree on the inclusion or exclusion of the newlycreated classification into the bargaining unit, the Ci ty and the Union agree to apply to the StateEmployment Relations Board for a decision. The decision by the State Employment RelationsBoard shall be binding and final.Section 2.3 The City shall not attempt to abridge this Agreement by changing the rankstructure or classification designation of any bargaining unit employee during the length of thisAgreement, with the purpose to eliminate such employee from the bargaining unit.

ARTICLE3MANAGEMENT RIGHTS

Except to the extent otherwise limited or modified by the Agreement, the management anddirection of the affairs of the City are retained by the City. This includes, but is not limited to thefollowing:A. Perform all duties required by the City by the Statute or ordinance, or departmentregulations.B. Determine the safety operations of the Police Department in accordance wi th reasonablemunicipal standards of Police Department Operations.C. Set standards of service to be offered to the public.D. Exercise control and discretion over the Police Organization.E. Determine the methods by which work is to be performed, the number of employeesrequired ru'ld the ruuount of City resources to be committed.

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Chillicot he Po lic e 2012-2014Se cti on 6 .2 The FOPand FO P/O LC agrees th a t n o notice s w ill be pla ced o n th e bu lletin boardth a t conta in s:A. Person al attack s on any City empl oyee;B. Scanda lous, sc urrilo us or der oga tory at tacks upon the adm inistr ation;C. A tt acks on a ny other em plo yee org an ization;D. A tta cks on a nd/or fav orable po li tically- orient ed com m ents regarding a candid a te fo r

pu bl ic or A sso c iation office; andE. M atters of fensiv e to adultsof re aso na ble se nsi b ility.

A R T IC LE 7LABOR M A N A G E M E N T M EET IN G S/D EPA R TM EN T M EETIN GS

Sec t ion 7.1 The Safe ty D ir ector and /o r Chief of th e Police D epartment will m ee t as of ten asnec essary but n ot le ss frequentl y th an every tw o (2) m on ths, u pon dem and of the A ss ociation orth e Cit y at m ut ually agreeable ti m es and pl aces with re pr esenta tives of th e professiona l staff of th e A sso c ia tion and not m o re th an si x (6 ) barg aining unit represe ntativ es. The pu rp os eof su ch m e eting s shall b e to:A . D is cus s th e adm inistra tion of h e A greem ent;B . D is cu ss gri ev anc es that ha ve no t b e e n pro c e ssed beyond th e pre -arbitr ation steps of th e

grievanc e procedure when su ch di scussions ar e m utua ll y a gre ed toby th e parties;C. N oti fy th e A ss oc iation of changes know in gly contem plated by th e City w hic h only affect

m em be rs of he Assoc ia ti on; jo intly discuss th e need fo r upgra di ng the cur rent em pl oyee sin ter ms of provid in g and/o r identi fying trainin g and ed ucationa l op por tuniti es to m ee tfu ture needs an d p ro gra m s of he City a n d th ereby reduce the likeliho od of changin g sk illrequire m ents not be in g met by current perso nne l;

D . Dissemin ate g ene ral info rm ati on of nte rest to the pa rties; and ,E. G iv e th e A ss ociati on represent atives the opportunit y to share th e vie w s ofth e ir m em ber sand/or m ak e suggestions on su bjects of in terest to the ir m em be rs , in c lu din g allege d

in eq uit ies in th e tr e atment of em plo yees in th e barg aining un it.F . H e a lth an d sa fety m atters G . Trainin g issue sSe c tio n 7 .2 As a c ourtesy and to facilit ate the adjustment ofw o rk schedules , the A ss oc iationre presentatives will pe rsona lly no tify th e Chief in w riting of the da te s and ti m es of su chm eetings, im m ediatel y uponth e parties reachin g m utua l ag reem ent as to th e dat e and tim e of an y

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Chillicothe Poli ce 2012-2014the OLC, and th e OLC m embers agree not to let membership or non-membership in the OLCaffect their on-the-job relationship with other em ployees.Section 8.2 All references to em ployees in this Agreementdesignate both sexes, and whereverthe malegender is used, it shall be construed to include m ale and female employees.

A R TIC L E 9NO STR IK E /N O L O C K O U T

Se ction 9.1 Crossing Picket Lines: Employees maybe required to go through picket lineswhere an em ergencyrequires them to do so to protect the public health, safety, and welfare, bu ton ly after p roper arrangements have been m ade by the C ity acting upon the City's request so asto proper ly pro tect them from any possible bodily harm.Se ction 9.2 No S trikes:A. The OLC and its m embers agree that they wi ll not engage in, initiate, authorize, sanction,

ratify, sympathize, support or pa rticipate in any concerted activity in or about theEm ployer 's premises. The OLC, its affiliates and members, shall prom ptly take al lpossible actions to prevent and to end any such concerted activity. All labor disputesbetw een the parties shall be handled through the grievance procedure. OLC mem ber sengaging in a strike as defmed herein may be disciplined up to, and including, discharge.

B. The OLC and its members shall perform their duties in good faith.Se ction 9.3 Dur ingthe life of his Agreement , the Employer shall not cause, permitor engagein any lockoutof the bargaining unit employees unless those employees have violated Section9.2 of his article .

A R T IC L E 10H E A L T H A N D SA FE TY

Section 10.1 A joint Quality and Safety F irst Com m ittee shall be established for the purpose ofinvestigating any unsafe working condition or unsafe equipment not to exceed three (3)representatives from the City and three (3) f rom the A ssociation. In the event of capital expenseto correct said condition,said recommendati ons in writing shall be subm itted to the City Council,all other recommendations in writing shall be submitted to the Mayor. T he Association and th eCity shal l each name their representatives not to exceed three (3) within thir ty (30) days of thisAgreement and th e Association or C ity shall call the m eetings not to exceed three (3) hoursduration eachby written notice to the City.

Section 10.2 The Association and em ployees agrees to complywith reasonable safety rules andre gulations established by the City. The City agrees, to the extent practical, to provide safe

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Chillico the Police 2012-2014Section 13.13 For the purpose of cou.11ting da ys for filing and responding to grievances, all day swill be considered working days and shall not include unscheduled Saturdays, Sundays orHolidays, scheduled days off an d approved leaves.Section 13.14 A n employee with a grievance, who chooses a steward to attend meetings ordiscussions, may do so at each step of th e grievance procedure during regularly assignedworking hours without lossof pay or time to that employee, provided:A. An "emergency" situation does not exist requiring their presence at their work station;

an dB. A rrangem ents havebeen made, and approved by their supervisors, to havetheir assigned

work area properly "covered" during their absence. It is expected that the privileg e willnot be abused and that approval willno t by unreasonably withheld .

ARTICLE14SENIORITY

Se ction 14.1 For purposes of this Agreement: Seniority shall be defined as an em ployee'suninterrupted service as a full tim e sworn Police Officer, Sergeants, Dispatchersor Clerksof heChillicothe Police Department. Nothing in this article shall require the city to pay any re tirementben efit during disciplinary action.Section 14.2 Uninterrupted service and seniority shall be broken when an employee:A. quits, resigns, or retires from the C hillicothe Police Department; orB. is discharged for just cause.If an employee quits, resigns, or retires from the C hillicothe Police Department and the employeeis later rehired, the employee's seniority begins with the em ployee's new hire date and al lprevious seniority is lost.Section 14.3 Seniority shall not be a factor in assignments to special units and detectives,w hich shall be made atthe discretion of the Chie f of Police.Se ction 14.4 The tota l years of servicewith the Chillicoth e Police Departm ent will be used todetermine pay rangeand vacation accrual if an em ployee is rehired.

ARTICLE 15PROMOTIONS

Se ctio n 15.1 Promotions shall occur for the rankof Sergeant from a competitive examinationopen to members of the Chillicothe PoliceDepartm ent with the minim um of fo ur (4) years with

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Chillicothe Pol ice 2012-2014Employees held for jury duty who are held more than two (2) hours shall be excused from workand be paid for the full eight (8) hours.Section 16.12 Members will be issued a pager and be required to ensure the pager is operational.The department will replace batteries and provide the pager and service.

ARTICLE 17HOURS AND OVERTIME

Section 17.1 Eight (8) consecut ive hours per day including a forty-five (45) minute paid lunchperiod and two (2) fifteen (15) minute paid breaks, shall constitute a normal day's work. Five {5)normal day's work shall constitute a normal workweek. The unit for calculating weekly overtimeis the period of 168 hours at the start of the day watch on Sunday of each week. The unit forcalculating daily overtime is the consecutive twenty-four (24) hour period at the start of the daywatch on each calendar day.Section 17.2 One and one-half (1 liz) times the employee's regular straight-time hourly rate shallbe paid for:A. All time worked in excess of eight (8) hours in one (1) workday; including any early

reporting time required by the City;B. Hours worked in excess of forty (40) hours in one (1) workweek; andC. Overtime will not be paid for the arrival and departure of the oncoming and off-goingdispatcher, or Office r working as dispatcher, and those members will be in place at the

start and finish of heir respective shifts.D. Regular straight-time hourly rate includes Shift Differential, Hazardous Duty andLonge-vity Pay calculated at an hourly rate for the year. This applies anywhere in this

article that addresses regular straight time.Section 17.3 Overtime shall not extend into an employee's regular shift period except asprovided in Sections 17.6 and 17.8 herein.Section 17.4 Work schedules are defined as a member's regularly assigned hours of the day anddays of the week, and unit assignments. Changes in work schedules shall be made only to meetoperational needs of the City. A minimum of five (5) working days written notice will beprovided to employees affected by a work schedule change, except when changes arenecessitated by emergency situations. An employee will not be required to work less than hisregular working schedule to void overtime payment to such employee.

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Chillicothe Police 2012-2014gross uniformed pay and allowances received that month, or five hundred dollars ($500.00),whichever is less. The leave will cover the official period of emergency and the time necessaryto return to work.Military leave shall also be granted as required by federal and state law.

ARTICLE 22HOLIDAYS

Section 22.1 The following days of the year shall be holidays insofar as the administration ofpersonnel matters is concerned, and the term holidays shall be construed to mean the followingdays:

January 1stJanuary 8thThird Monday in JanuaryThird Monday in FebruaryMay 15thLast Monday in MayJune 14thJuly 4thFirst Monday in SeptemberSecond Monday in OctoberNovember 11thFourth Thursday in NovemberFriday after 4th Thursday in NovemberDecember 25thDecember 31stTime off will be granted so as to provide all personnel with a total of fifteen (15) paidHolidays

Section 22.2A. Holidays must be taken during the calendar year and cannot be carried over from year to

year.B. Holiday pay will be paid at one and one-half (1Vz) times the employee's normal rate forhours worked. There shall be no pyramiding of holiday premium payments.C. The hours from 3:00P.M. December 24th thru 7:00A.M. December 26th will constitutethe holiday of the twenty-fifth (25th) day of December. The hours of 3:00P.M. December

31st thru 7:00 A.M. January 2nd will constitute the holiday of January 1st. Any memberemployee working these hours on these holidays will receive pay at one and one-half(1 Vz) times the normal rate for hours worked.

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Chillicothe Police 2012-2014D. Holidays will be gra...nted on a first-come-first served basis. O.I.C.s can approve leave i..llthe event of an unforeseen circumstance, which is defined as an issue of an immediatenature that could not have been predicted in advance and is in such a nature that requires

an immediate action.E. Holiday requests will be accepted beginning December 20th for the following year.Holiday requests will be accepted at the beginning of the assigned shift for the timerequested. All holiday requests will be approved or denied within ten (10) working days

of when the request is submitted. For requests submitted within ten (10) days of theholiday requested, the request must be approved or denied within forty-eight (48) hoursof the date submitted. For requests submitted with three (3) days of the holidayrequested, the request must be approved or denied at least twent-y-four (24) hours prior tothe holiday requested.

ARTICLE23VACATION- POLICE

Section 23.1 Vacation for the Police:A. Earned vacation with pay shall be granted by the City to each full-time employee who isan employee of the Police Department. Such earned vacation with pay shall be granted inaccordance with the following scheduled:

AS OF BELOW ANNIVERSARY DATE: TOTAL VACATION HOURS FOR YEAR1 and 2 Anniversaries 2 weeks (80 hours)3 and 4 Anniversaries 3 weeks (120 hours)5, 6, 7, 8, and 9 Anniversaries 4 weeks ( 160 hours)10, 11, 12, 13, and 14 Anniversaries 5 weeks (200 hours)15, 16, 17, 18, and 19 Anniversaries 6 weeks (240 hours)20 Anniversary or over 7 weeks (280 hours)The above vacation schedule pertains to employees that were hired before January 1,2003.The below vacation schedule pertains to employees that were hired on or after January 1,2003.

0,1, 2, 3, and 4 Year Anniversaries 2 weeks (80 hours)

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II

Chillicothe Police 2012-20 14ARTICLE24WAGES

Sect ion 24 .1 Composi t ion of he Pay PlanThe official pay plan shall consist ofminimum and m aximum ratesof pay and intermedi ate stepsfor all classes of positions in cluded in the c lassification plan as set forth below an d furthereconomic benefits as follows:

Y-1 7:00a.m. January 1, 2012 Police Se rgeants and Com m unication Operators willinclude Step F

Y -1 Effective th e next full pay period following the signature by both partie s of hi sagreement, base wages shall be increased by sev en percent (7%) (sec tion 24.8)

Y-2 7:00a.m. January 1, 2013 , b ase wages shall be increased by tw o percent (2%)Y-3 7:00a.m. January 1, 2014, base wages shall be increased by two percent (2%)

II

NEWP A Y R A T E S2012, 2013 , 2014

I IAI i!

iB ! c!

I D I E I F II !I i I II ! i I

!C LER K I Y -1 117.30 117.77 118.22 [18.68 119.14 120.60 II II v- 2 117.65 118.13 !18.59 [19.06I !IY- 3118.00 118.49 118.96119.44l I I l I iIICOMM. OP ERA TOR I Y-1 117.55II)Y -2117.90

118.06 !18.47118.94;t I18.84 tl9.32119.21 119.70I I. II

IPOLICE OFFICER

)POLIC E SERGEANT II y- 1 123.76

Step A: W ill take effect on the employee 's dateofhire.Step B: W il l take effect on the employee 's 1st Ann iversary.Step C: W ill take effect on th e employee 's 2nd Anniversary.Step D: W ill take e ffecton the employee 's 3rd Anniversary.St ep E: Will take eff ect on the employee 's 4th Anniversary.Ste p F: Will take effect on the em ployee 's 151h Anniversary.

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!19.53 121.01!19.92 ~ 1 . 4 3l I119.40 ~ 0 . 8 7!19.79 t21.29120.18 121.72

l

~ 3 . 4 2~ 2 . 0 8 123.89~ 4 . 3 7

! 7.6 91:26.25 ~ 8 . 2 4126.77 ~ 8 . 8 1

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Chillicothe Police 2012-2014ADDITIONAL ITEMS

Section 24.2 ExtraBargaining Unit members that have additional responsibilities and perform those responsibilitiesat least once yearly shall receive, in addition to their regular rate of pay, on their first pay inNovember each year.Any member of the Police Department who performsFire arms InstructorAny member of the Police Department who performsTactical Team MemberAny member of the Police Department who performsPR24/ASP/Self-Defense InstructorAny member of the Police Department who performsComput er AdministratorAny member of the Police Department who performsAssistant Computer AdministratorAny detective who is on an "on call" status or is advised to be


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Chillicothe Police 2012-2014Longevity benefi t qualifications shall begin on the anniversary dateof he employmen t with th eCity shall be payable the first payroll of N ovember of each year with a pro-rated amount paid t oth ose em ployees who leave city emp loym ent between annual benefit dates.Section 24.4 Automatic Salary Range Adjustmen tEm ployees listed in the official pay pla n contained in this O rdinance shall be advanced to thenext succeeding step in th e annual adjustment equivalent to this next higher step within theannual salary range for each full year of se rvice commencingon th e employee 's anniversarydate.Section 24.5 OvertimeSa fety-Police Departm ent shall be paid overtime at time and one-half the regular hourly rate ofpay for hours inex ces s of eight (8) hours worked in one day and t ime and one-half the reg ularhourly rate of pay shall be paid for all hours worked inexcess of forty (40) hours in one week.Reg ular hours for the purpose of his section include; Shift Differential, Hazardous Duty, andLongevity Pay calculated at an hourly ra te for the year.All other special provisions for overtime and call-in benefits shall be included in a workingag reement in w riting between the employees and the ir recognized bargaining representatives .All overtime wo rked m ust be authorize d in writing by the ChiefofPolice. Section 24.6 Hazardous Duty PayHaz ardous duty pay to police officers and sergeants shall be made-in accordance with thefollowing schedule:Thereafter, E mployees will receive $3,300.00 the first payroll in Ju ne and November of2012,2013, and 2014.Newly employed police officers and any po lice officer or sergeant leaving city employmentbetween benefit dates shall be paid a pro-rated share.Section 24.7 Shif t DifferentialIt is hereby provided that shift differential be paid to police employees in th e amount of $1 .0 0per hour whenthe employee works any hours of hi rd shift. Shift differential will be paid topolice employees in the amount of $1.00 per hour when the employee works any hours of 2ndshift.

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Chillicothe Police 2012-2014Section 24 .8 Pe nsion Pick- upEffective the ne xt full pay pe riod followin g the sig nature by both parties of this agreem ent, thecity shall roll 7% of th e em ployee's earned co mpensation into the employee's base pa y an d willno longer pick u p the 7% ofthe em ployee's contribution to th e pension fund that the city p aid onbehalf of the employee. Th ereafter the empl oyee shall assume his statutory obligation for therequired employe e contribution to th e pensio n fund.

ARTICLE25A . c ~

T he C ity shall provide, established b y Ordinance, the following insurance cove rage:Section 25.1Office visit co-payof$20.00 fo r in netw ork and pa id at 70% for out ofnetwork.T he City shall provide hospitalization and major m edical co verage co mparabl e to current plans,witha de ductibl e of $2 50.00 per pe rson to a max im u m of $500.00 per family. Out ofnetw or kde ductibles shall be $500 single/$1,000 family.M onthly contribution am oun t beginning the ne xt full pay perio d following th e signatureby bot hpa rties of th is agreement shallbe 10% of th e m onthly co st to the city for th e em ploy ee's healthin surance plan.Hea lthcare expense s wil l be paid at 90% in ne twork wit h a max imum ou t of poc ket at $750si ngle/ $1500 familyper year. Out of ne twork exp enses wi ll be paid at 70% up to a maxim umout of po cket expense of$1500 single/ $3 000 family per year.Pre scription drug plan av ailable at $10.00 fo r ge neric drug, $3 0.00 brand fo rmulary and $50.00brand non-form ulary. M ail in drug plan, cost for a 90 d ay supply at the same rate as th at of the30 day prescription.In patient Hos pital in network pa id at 90% after de ductible and for ou t of net work Hos pital paidat 70% af ter deductible, until m aximum ou t of pocket expense is mad e.Em ergency room co-pay of$50.00in ne twork and 70% for ou t of ne twork a fter deductible.U rgent Care co -pay of$25.00 in network and 70% out of ne twork after deductibleIf bothsp ouses work for the City, only one ca n ca rry the C ity 's Health Insurance as the primar ym ember . The m ost seni or emplo yee shall be th e primary member an d the ot her spou se willcovered as a dependent.T he Dental Pl an will co ntinue to be the same as th e current plan asof 1/1111

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Chillicothe Police 2012-2014Section 25.2The City shall provide coverage ofliab ility insurance to $1,000,000.00.Section 25.3The City shall provide group term life insurance in the amount of $50,000.00.Section 25.4Employees will have the option to choose between the original coverage and a HSA (HealthSavings Account) plan which will cost 10% of the monthly cost to the city for the employee'sHSA plan. If any current or newly hired employee can show verification that they are not eligiblefor the H.S.A., then the employee can be covered by the P.P.O. but will pay the cost of thepremium for the H.S.A. coverage.This HSA plan will consist of a $1500 single/ $3000 family in network deductible and a $3500single/ $7000 family non-network deductible.Healthcare coverage will be made at 100% in network and 80% non-network after the deductiblehas been met. There will be a maximum out of pocket expense of $2500 single/ $5000 family innetwork and $4500 single/ $9000 family non-network.Prescription drug coverage will be available at $10 for generic, $30 for brand formulary and $50for brand non-formulary. A mail in drug plan will be available at the same rate as a 30 dayprescription.Office visits, urgent care and emergency room charges will be covered at 100% after thedeductible is met.The City agrees to contribute $1250 single/ $2500 family in to each employee's account, for allaccounts that have been established, by January 15th of each year that the employee is enrolled inthe HSA. There will be no lifetime maximum "cap" on the amount of insurance coverage or onthe contribution amount accrued from the city. The employee is required to comply with allFederal guidelines concerning their HSA plan.Section 25.5Employees may waive or discontinue receiving hospitalization and major medical coveragebenefits (medical benefits), including dental and vision benefits provided through the City,provided that the member has medical benefit coverage through another source (hereinafterreferred to as "Opt Out").In order to Opt Out. The employee and their dependents must currently be enrolled in anotherplan providing medical benefits. (The City cannot accept Medicare as "other health insurance",

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Chillicothe Police 2012-2014th e Chief of Po lice. Reimbursement shall be made with in sixty (60) days of the date theem ployee complies with the provisions of he agreement.

Section 27.5 Reimbursement shall be granted up to a m aximum of two thousand five hundredth ousand dollars ($2,500.00) per yearper employee. The employee will only be reimbursed fortuition, fees, and books; no incidental expenses such as paper, supplies, mileage, parking, meals,and or other expenses.Sectio n 27.6 A ny employee who participates in the Tuition Reimbursement Program or in thepursuit of a degree program shall be require d to stay with the City for the five (5) years followingco mpletion of the employee's course w ork, or repay any tuition reimbursement received by theemployee with in the last five (5) years prior to separation except in the case of disabilityretirement.Section 27.7 All distributions under this article shall be at the discretio n of the ChiefofPolice.There shall be a maxim um of five thousand dollars ($5,000) per year available to the Ch ie f ofPolice for distribution under this article .

A R T I C L E 2 8O TH E R B ENEFITS

Section 28.1 All other provisions contained in applicable ordinances, currently existing orpromulg ated in the future, which provide benefits applicable to this bargaining unit in addition toany providedin this Agreement, require C ouncil action is not subject to arbitration.Section 28.2 Bargaining unit members will be reimbursed for personal property damaged whileperforming their assigned duty, with the approval of th e Ch ie f of Police or his designee.Approved reimbursement shall be paid upon documentation of da mage, repair or re placemen tcost.

SECTION 29.1 Purpose

A R T I C L E 29LIMITED DRUG TESTIN G

The City of Chillicothe is dedicated to providing a safe and drug free workplace. The City ofChillicothe further believes that alcohol and drug use can im pair our employee's ability toperform their duties in a safe and efficient manner. The pu rpose of his policy is:A . To provide a consistent and fair policy to deal with Chillicothe Police Department

em ployees who use and abuse alcohol and drugs in the workplace.

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C. The employee is being enjoined with disciplinary action for other conduct.D. The employee is already in the treatment process.Once a Chillicothe Police Department employee falls into one of the above categories, anyattempts to self-identify and enroll in the City 's EAP will not preclude corrective action.SECTION 29.3 ProhibitionsA. Chillicothe Police Department employees shall not report to work or remain on duty

when his/her ability to perform their job is adversely effected by alcohol.B. Chillicothe Police Department employees shall not possess, store, manufacture, or use

drugs or alcohol while at work or on City property. This applies to both off-site lunchperiods and breaks when an employee is scheduled to return to work.C. Chillicothe Police Department employees shall not sell or provide drugs or alcohol to any

person while at work or on City property.D. Any Chillicothe Police Department employee who is arrested for a drug or alcohol

related statute violation shall notify his/her supervisor at the start of the City ofChillicothe's next workday.

E. A supervisor having actual knowledge that an employee is using or has used alcoholwithin four hours prior to their shift shall not permit them to remain on the job.F. All Chillicothe Police Department employees are responsible for the consistentenforcement of this policy. Any supervisor who knowingly permits a violation of thispolicy shall be subjec t to disciplinary action. Any employee who observes a Supervisor

in violation of this policy should report their suspicions to the next higher level ofsupervision.

G. No Chillicothe Police Department employees shall refuse to take any of the followingrequired tests: 1. Pre-employment (drug only)

2. Random3. Post work-related accident4. Return to duty5. Reasonable suspicion6. Follow-up7. And in accordance with Section 29.9 1 thru 7

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F. A..11y Chi ll icothe Police Department employees that has a confi rmed pos itive drug oralcohol test w il l be rem oved fro m hisfner position, inform ed of educatio nal andre ha bilitation program s availabl e, and re ferred to a Substan ce Abuse Professi onal (SAP)for assessm ent.

DRUGSCREEN CUT OFF LEVELS

INITIAL CUTOFF LEVEL CONFIR MAT ION CUT OF FLEV EL

Marijua na Metabolites 50 ng/m l 15 ng/ mlCocaine M etabolit es 300 ng/m l 150ng / m l

, Opiates M etabolit es 2000 ng/m l 2000 ng/ m lPhencyclidi ne 25 ng/ml 25ng/ml Ieta bolitesAmpheta mines 1000 ng/m l 500 ng/ mlM etabolit es

SECTION 29 .5 Prohibite d Substan ce s1. Chillicothe Police Departm en t emplo yees w ill be tes ted for marijuan a, cocaine ,

amphetam ines, opiates, and phencycl idine. Il legal use of these five drugs is prohib ited atall times and employees may be tested for these drugs inaccordance with sec tion 29.9 , 1-7 a nd anytime that they are on du ty .a. Leg al Drugs:

Th e appropria te use of legally prescribed drugs and non-pre scriptio n medicationsis not prohibited. However, the use of an y su bstance which ca rries a warninglabe l that ind icates th at menta l function ing, m otor skills, o r judgm ent m ay beadvers ely affected must be report ed to a su pervisor and the employee is require dto provid e a written release from his /her doctor or pharmacist in dicating that theem plo yee can perform his/her jobfunctions.

b. Alcohol: The use of be verages containing alcohol (including any mouth wash, m edication,food, cand y) or any other sub stances such that alcohol ispresent in the body whileperforming their job fu nc tions is prohibited. An alcohol test can be per formed onan employ ee while th ey are on duty.

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SE CT ION 29 .6 Prohibite d ConductA . All Chillico the Police Depart m ent employees ar e prohibited from reporting for duty or

re m aining on duty any time there is a q ua ntifiable presence of a prohibited drug in thebody above the m inimum threshold s defmed in this po licy.B. Each Chillicot he Police Depart m ent employee is prohibited from consuming alcohol

while performing theirjobfunctions or w hile on-call to perfor m job functions. If an onca ll Chillicothe Police Department employee has consumed alcohol , they mustacknow ledge the use of alcohol at the tim e that they are called to report for du ty. TheChillicothe Police Department empl oyee will subsequently be relieved of his/her on-callresponsibilities.

C. The Cityof Chillicothe sha ll not permit an y Chillicothe Police D epartment emplo yee toperform or continue to perform a job function if it has actual know le dge that theChillicothe Police Depart m ent employee is u sing alcohol whil e on duty.

D. Each Chillicothe Po lice Department em pl oyee is prohibite d from reporting to work orremaining on duty requiring the pe rformance of the job functions while having anyalcohol concentr ation.

E. No Chillicothe Police Departm en t employees shall consume alcohol for eight (8) hoursfo llowing involvem ent in an acciden t or until he/sh e submits to the post-accidentdrug/alcoho l te st, which ever occ urs first.

F . No C hillicothe Poli ce Department em ployee shall consu m e alcohol within four (4) hoursprior to the performance of o b functions.

G. Consistent ~ i t h th e Drug-free Workpla ce Ac t of 1988, em ployees are prohibited fromengaging in the unlawful manu facture, distributi on, dispensing, possession, orus e ofprohibited substance s in the work pla ce including City of Chillicothe prem ises, City ofChillicothe v ehicles, while in un iform or while on City of Chillicothe business.

SE CT IO N 29.7 D rug Statute Convict ionConsistent with the Drug Free W orkplace Act of 1998, all Chillicothe Police Depart mentemployee s are required to notify managem en t of any criminal drug statute conviction for avio lation o ccurring in the workplace w ithin five calen dar days after such co nviction. Failure toc o m ply with this provis io n shall result in a fiv e workday suspen sion without pay.SE CTION 29.8 Testing Requirem entsAnalyti cal urine drug test ing and breath tes ting for alcohol will be conducted. All ChillicothePolice Department employees shall be subject to testing prior to employment, for reasonable

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not onlythe operation personnel, but also anyother CrJ.llicothe Police Departmentemployees whose performance could havecontributed to the accident.

4. Return to WorkFo llowing a Chillicothe Police Department employee first positive drug/alcohol test, th eChi llicothe Police Department employee will be subject to unannounced random testingperformed in accordance w ith previously stated guidelines at the City ' designatedcollection site. Chill icothe Police Department employees must be evaluated by aSubstance Abuse Professional (SAP) following a verified positive drug and/or alcoholtes t, prio r totheir return to work. A Chil licothe Police Department employeemust have averifiednegativetest in drug and alcohol to return to work.

5. Reasonable SuspicionAny Chillicothe Police Department employee m ust submit to a drug and/or alcohol tes t ifre asonable suspicion exists to indicate that their ability to perfor m work safely o reffectively may be impaired. "Reasonable suspicion testing" m eans drug and/or alcoholte sting based on a belief that any Chillicothe Police Department em ployee is using orha sused drugs and/or alcohol in violation of the policy o n the basis of phy sical, behavioral,or performance indicators ofprobable drug and/or alcohol use. Am ong other things, suchfacts and conclusions may be based upon:a. Direct observatio n of drugand/or alcohol use or physical symptom s of bein g

under the influence of drugs and/or alcohol.b. Abnormal conduct or inconsistent behavior while at work or a significant

deterioration in work perform ance.c. A re port of dr ug and/oralcohol use, provided by a reliable and credible source,

which has been independently verified .d. Gross negligence or carelessness.e. Disregard for safety, life or well being of Cit y employees or individuals utilizing

City services.f. Reporting to and remaining at work in an apparent, unfit conditio n.g. Excessive tardiness or absenteeism.h. Evidence thatan individual has tampered with a drug test during his/her current

em plo yment.

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addiction counselor with knowledge of an d clinical experience in the diagnosis andtreatment of alcohol and drug-related disorders. The S AP will evaluate each employee tode termine what assistance, if any, the employee needs in resolving problem s associatedw it h prohibited drug use or alcohol misuse. Assessment by a SAP or participation in theC ity's Em ployee Assistance Program (EAP) does not shield an em ployee fromdisciplinary action.

If a Chillicothe Police Department employee is allowed to return-to-duty, he/she must properlyfo llow the rehabilitation program prescribed by the SAP, the Chillicothe Police Departmentemployees must have negative return-to-du ty drug and alcohol tests, and be subject tounannoun ced follow-up testing for a period of one to five years.SECTIO N 29. 11 Inform ation DisclosureAll drug and alcohol testing records will be m aintained in a secure manner so that disclosure ofin formation to unauthorized persons does not occur. Information will only be released inthefollowing circumstances:1. To a third party only as directed by specific, -vvritteninstruction of the employee;2. To the decision -maker ina lawsuit, grievance, or other proceedings initiated by o r on the

behalf of he employee tested;

3. To a subsequent employer upon receipt of a w ritten request from the employee;4. To the employee, upon w ritten request.SECTION 29.12 Employee and Supervisor TrainingEm ployee and Supervisor Training: All Chillicothe Police Department employees will undergo aminimum of 60 minutesof training on th e signs and symptom s of dr ug use including the effectsand consequences of dr ug use on personal health, safety, and the w ork environment. Thetr aining m ust also include manifestatio ns and behavioral cues that may indicate prohibited drugus e.Su pervisors will also receive 60 minute s of reasonable suspiciOn training on the physical,behavioral, a..11d performa.."tJ.ce in dicators of probable drug use and 60 minute s of additionalreasonable suspicion training on the physical, behavioral, speech, and performance indicator s ofprobable alcohol m isuse.W hen alcohol is consumed prim arily for its physical and m ood-altering effects, it is substance ofabuse.As a depressant, it slows down physical responses and progressively impairs mental functions.

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Signs and Symptom s ofUse

SE CTIO N 29.13

*Dulled mental processes*Odor of alcohol on breath* Sleepy orstuporous conditi on* Slu rred speechFir st Offense

*Lack of coordi nation*Possible constric ted pupil s*Slowed reaction rate

Chilli cothe Poli ce Depar tment employees who test positive af ter being ordered to subm it to drugte sting will be taken off work immediat ely and m ay avoid termination of his /her em pl oyment byvoluntarily signing the City ' Letter of Understa nding, submitting to a Substance AbuseAssessment proces s conducte d by th e City' E A P Provid er, and abiding by the EAP treatm entrecom m endations. However, if th e employee has engaged in other m isconduct result ing indiscip linary ac tion, dis ciplinary action up to and including termination may be imposed as aresult of such m isconduct, regardless of th e emplo yee' volu ntary sub mission of a trea tmentpr og ram.T he fi rst-time offender will be suspended from work for ten workdays Vvithout pay and will haveto:A. co m plete their assessm ent proces s,B. acquired a "'Return to Work" release from a S ubstance Abuse Pro fessional ,C. a negative te st result,D. agrees to periodic testing, not to exceed s ix ( 6) tim es each year durin g the fir st year

im m ediately fo llowing the emplo yee's re tu rn to wor k,E. an agreem ent to follow specif ic after-ca re requir ements es tablishedby th e SAP with th e

un derstanding that a vi olation of his agre ement is grounds for imm ed iate term ination.F. employees may use accum ulated leav e if av ail able to co ver any additional time over and

beyond the m andato ry suspension .SECTIO N 29.14 Second Offense

Any Chillicothe Police D epartment employee who tests posi tive a se cond tim e after beingord ered to submit to drug testin g will be taken off work immediat ely and Vvill be su bject toimmedia te term ination. First off ense w il l rema in in effect until th e employ ee rem ai ns inco m pliance w ith the C ity's poli cy for 60 months from the date ofth e initial test resul ting in apositiv e test resu lt .SECTION 29.15 DefinitionsA CCIDEN T: Means an occurre nce associated w ith the ope ration of a city vehicle or equipm en tor p ersonal vehicle w hen used on city ti m e and as a result:

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Fails to provide a urine or breath specimen fo r any drug or a lcohol test required by Part 40 orD OT agency regula tions;

In the case of a directl y observed or m on itored collection in a drug test, fails to permit theobservation o r m onitoring of your pro vision of a specim enFails to provide a sufficient amoun tof urine or brea th when directed, and it has been determ ined,through a required medical evaluation, that ther e was no adequa te medical explana tion for thefailureFails or declines to take a second test the emp loyer o r collector has dir ected you to take;Fails to un dergo a medical examination or eval uation, as directed by the M RO as part of theverification proce ss, or as directed by the DER as pa..-rt of the "shy bladder" or "sh y lung"procedur esFa ils to cooperate w it h any part of the te sting process (e.g., refuse to empty pockets when sodirected by the collec tor, behave in a co nfrontational w ay t hat disrupts the co llection process), if th e MRO reports that there is verified adulterated or su bst ituted test resultFailure or refusal to sign alcoh ol-testing form.VERIFIE D NEGATIVE TEST: Means a dru g test result review ed by a medical re view officerand determined to have no evid enc e of prohibited drug use above th e minimum cu to ff levelsestablished by the Depa rt m en t of Health and H uman Services (H HS).VERIFIED PO SIT IVE TEST: Means a drug test result reviewed by a m ed ical review office r an ddetermined to have evidence of prohibited drug use above the mini mum cutoff levels .V A LIDITY TESTIN G: Is the evaluat ion of the specim en to determine if it is consistent withnormal hum an urine. The purpo se of validity testi ng is to determine w hether certain ad ulterantsor foreign su bstances were ad ded to the urine, if the urine was diluted, or if the spec imen wassu bst ituted.SECTION 29. 16 Responsibilities Mayor: Ass ures policy is im pl emented and guid elines are followed. Designates author ized agentto facilitate administrative actions, reasonab le cause testing, and post-acciden t testing incompliance w ith pol icy and federal guidelines.Administrative Director (Designee of the Mayor): Facilitates administrative actions, auth orizesreasonab le cause and post -accident testing in compliance with policy and federal guidelines.Im plem ents policy. A ss ures designated testing facility and EA P Provider mainta in accreditationand follow guide lines. Oversees and coordinates internal EAP referral process and promotion

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D esignat ed Rep resentativth e Adm inistrative Directo rD ep artment Head s/Supervisors: Im plem ent pol icy, particip at e in training, acquire appropriateauthori zation w hen ne cessary, assu re em ployee notifi cation fo r testing and transpo rtation totesting site is in com pliance with policy , an d docum ents observable facts.Employees: Follows polic y an d can se ek as sis tance from designated Union Rep re sentat ivesand/or Adminis trative Dir ec tor.Designa te d T esting Facili ty: A ss ures process is in compliancewith policy and fed eral guidelines .A dena Reg ional H ea lt h Center is th e de signated tes ting site. Assures credibility fo r ra ndom selection pr oces s and that cu t- o ff le vels are in co m pliance w it h current federal and CDLguidelin es .Designated EAP Provider: A ssures process in com pliance with policy an d fe dera l guidel ines,im plements stipulations set forth by the Let te r of Underst anding , noti fies Adminis trative Directo rofan y violations, fo llows SA Pprotocol. Coordinates ex ternal E A P process an d promotionswithAdminist rative Director. T he Sci oto Paint Valley M ental H ea lt h Cen ter is the de signated E A P' sProvider .SECTION 29 .17 System Contact:Any question s re garding this policyor an y other aspect oftheCity of Chi llicoth e's dru g-free and al cohol-fre e pro gram should be addresse d to in div iduals in the C it y Adm inistr ation, Police Departm en t and Paint V alley M enta l Heath. Fo r na m es and contac ts please refer to appendi xD ru g an d A lcohol Polic y contact lis t.

ARTICLE30A C T IN G SE R GEA N TS

Section 30.1 AnA cting Sergeant w orking a pa rt icular shift will not be used to fill a va can cycause d bya Sergeant, if such use w ould consti tute or dering a patrolm an to fill the vacancy left byuse of th e A ct in g Sergeant. If no ac tin g Sergeant is av ailabl e, and th e w at ch is sufficient lystaffed, the senior patrol officer w or ki ng the w atc h w ill be assigned as the actin g se rg eant andpaidat t he ap pro priate pay scale th at is 5% ab ove their curr ent rat e of pay .

Section 31.1

Art ic le 31LA Y OFF/R ECA LL

W hen the City determ ines that a layoff is necessary because of jo b abolishment, lack of funds, orla ckof work, they shall notify th e af fected em ployeesas so onas is practicable inadvance

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Chillicothe Police 2012-2014If a bargaining un it member has bum ped back from Ser geant to Patrol Officer, he/she shall


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be reinstated to a vacancy in his prior rank before an y mem ber is installed to a position in that rank.

Sectio n 32.1

ARTICLE32DURATION

This Agreem ent shall becom e effective at 7:00 AM , on Januar y 1, 2012 where practicallypossible and as p ro vided by law and otherwise shall co ntinue to be in full force and effect until11 :59 PM Decem ber 31, 2014. U nless either party he reto or before n in ety (90) days prio r to theabove terminat ion date shall give notice to the o th er party in writing of a desire to chan ge, alteror amend any p ro vision of this A greement, or to te rminate it, this A greement shall ex ten dautomatically fro m agreement year to agreement ye ar. Thereafter, should the notifi cationexpress the desire to terminate the entire Agreement, all obligations hereund er shall cease upon the termination dat e of the contract, unless the parties m utually agree in writing to extend theAgreem ent for a period or periods certain while a new agreem ent is being negotiated, unless theparties mutually agree in writing to extend the Agreement fo r a period or pe ri ods certain while anew ag ree ment is being neg otiated unless the parties mutually agree in writing to extend theAgreem ent for a period or periods certain w hile a new agreem ent is being nego ti ate d .

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MEl\tlORANDUM OF UNDERSTANDING #1

A situation often de velops where we have individuals on a certified Civil Service List who arerequired to take a tempora ry position, but not a permanent posi tion due to emergen cy situations.The first example w ould be that we w ould have a pol ic e sergeant's civil service list of th re eindivid uals. The appoint ing authority would certify these indiv iduals on the police sergeant's listwho are not permanent ly classified in th e position as part -time police sergea nt on the DF-18 .Thi s should be done in advance. Then w hen the emergen cy exists, they can automatically bepai d for the different classification ofpolice sergeant and w e would be follow ing the Associatio nAgreement.The other situation is that if all of th e in dividuals on the police sergeant's list are being used aspart-time police serg eant and there is no one on the list, th en the appointing authority should li sta police sergeant for instance, as a temporary police sergeant on the DF-18 and then th e CivilSer vice Commission will approve the p ay roll.In this situation , since it has been bro ught to the app oi nting authority's at tention that there aren'ten ou gh people on the police sergeant's li st, the appointing authorities should make a request fo ran ot her examination an d make a request for the filling of he position.Since the police de partment has shif t work, the appoin ting authority sha ll limit their part- tim eand tem porary appointments from those w ho are eligible on th e shift involved.Th is memorandum procedure is bein g prepared so th at the Auditor and the Civil Serv ic eCommission and the OLC and M ay or's office and po lice chief \Vill understand the proced uresrequired to the Civil Service Laws of non-temporary appointments for more than thirty (30) daysan d that appointment s cannot be succes sive.

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The City of Chillicothe (City) and the FOP Lodge #59 (Lodge) agree that for the term of thisAgreement and pursuant to a Representation Agreement between FOP Lodge #59 and theFraternal Order of Police, Ohio Labor Council, Inc. (FOP/OLC), that the FOP/OLC will servicethe collective bargaining agreement and represent bargaining unit employees as determined bythe Lodge and FOP/OLC.For purposes of the collective bargaining agreement and other representational issues that mayarise, the parties agree that the FOP/OLC shall be the point of contact and service for the City.

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Chillicothe Police 2012-2014SIGNAT URE PAGE


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Si gned and date d at Chillicothe, Ohio on . ) d a y of n ~ [ ; _ ~ { ~ '2012.FORTHE CITY O F CHILLICOTHE:

Mayor

Chiefof Police

Safety-Service Director

Hum an Resources Director Bargaining Committe eman

N egotiator

Staf f Representative POP O LC

APPRO VED AS TO CONTENT:

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APPENDIX A


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AUTHORIZATION FOR DUES DEDUCTIONFRATERNAL ORDER OF POLICE, OHIO LABOR COUNCIL, INC.222 E. Town St., Columbus, Ohio 432i5

1-800-FOP-OLCII, the undersigned, hereby authorize my Employer to check off and deduct frommy payroll an amount equal to dues, remitting directly to the F.O.P. Ohio LaborCouncil, Inc. (PLEASE PRINT)Place of Employment.___________________Name of Employee:____________________Home Address______________________City________________ Zip Code.______Phone,___________Classification______________________Department,_______________________Signature______________ Date,________

Mail white copy to FOP-OLC at above addressPresent card to your Auditor ~ l

ST ATE OF OHIOSTATE EM PLOY M ENT RELATIO NS BOA RD

IN THE M ATTER OF:


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FRATERN AL O RDER OF POLICE,L O D G E NO. 59,

EM P LOYEE ORGANIZATION,and,CITY OF CHILLICOTHE,

EM PLOYER.

}} Case No(s):}}}}}}}

11-NIED-09-117511-NIED-09-117611-NIED-09-117711-NIED-09-1178

FIL ING OF THE C OLLECTIVE B ARGAINING AGREENIENT

Pursuant to Board Rule 4117-09-07, the F O.P. Ohio Labor Council Inc. hereby files acopy ofth e Collective Bargaining Agreement as awarded by the fact-finder and deemedac cepted by the partie s in the above captionedcase(s).

Respectfully Submitted,

~ J ~ i M L f N -Tara M. C rawfordParalegalF.O.P., O.L.C.I.222 East Town StreetColumbus, Ohio 43215614-224-5700

cc: M s. Tammy Bochardta [email protected]

Documents

FOP Contract