Police Contract Non-Supervisors (2021-2024) PDF
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Cincinnati Public Schools
2021
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Summary
This document is a labor agreement between the City of Cincinnati and Queen City Lodge No. 69 of the Fraternal Order of Police. It covers non-supervisors employed by the police department and details terms such as wages, benefits, grievance procedures, and other conditions of employment. The agreement is for the years May 2, 2021 – April 27, 2024.
Full Transcript
09/01/2021 0979-07 20-MED-11-1374 K40675 LABOR AGREEMENT by and between QUEEN CITY LODGE NO. 69 FRATERNAL ORDER OF POLICE and the CITY OF CINCINNATI NON-SUPERVIS...
09/01/2021 0979-07 20-MED-11-1374 K40675 LABOR AGREEMENT by and between QUEEN CITY LODGE NO. 69 FRATERNAL ORDER OF POLICE and the CITY OF CINCINNATI NON-SUPERVISORS FOR THE YEARS May 2, 2021 – April 27, 2024 Non-Supervisors LABOR AGREEMENT by and between QUEEN CITY LODGE NO. 69 FRATERNAL ORDER OF POLICE and the CITY OF CINCINNATI FOR THE YEARS May 2, 2021 – April 27, 2024 NON-SUPERVISORS This agreement is made between the City of Cincinnati, hereinafter referred to as the "City" and the Queen City Lodge No. 69 of the Fraternal Order of Police, hereinafter referred to as the "FOP". ii Non-Supervisors INDEX DEFINITIONS................................................................................................................................................... 1 ARTICLE I – Recognition..................................................................................................................... 1 ARTICLE II – Management Rights....................................................................................................... 1 ARTICLE III – Grievance Procedure.................................................................................................... 2 Section 1. Definition of Grievance............................................................................................... 2 Section 2. Who May File.....................................................................................................2 Section 3. Steps........................................................................................................................ 3 Section 4. Time Limits................................................................................................................. 4 Section 5. Legal Representation................................................................................................... 4 Section 6. Employee Protection............................................................................................... 5 Section 7. Emergency Condition.............................................................................................. 5 Section 8. Pay Step Denials..................................................................................................... 5 Section 9. Performance Ratings............................................................................................... 5 Section 10. Disciplinary Appeals............................................................................................. 5 Section 11. Police Officer Probationary Period........................................................................... 5 Section 12. Applicability of Process....................................................................................5 ARTICLE IV – Issues and Complaints/Labor Management Committee.............................................. 6 Section 1. Issues and Complaints............................................................................................. 6 Section 2. Labor Management Committee............................................................................... 6 ARTICLE V – Security......................................................................................................................... 8 ARTICLE VI –Agency Shop/Free Check-Off.......................................................................................... 8 ARTICLE VII – Wages and Benefits.................................................................................................... 9 Section 1. Wages........................................................................................................................... 9 Section 2. Holiday/Compensatory Time...............................................................................9 Section 3. Retirement Gifts and Sale of Department Sidearm.............................................. 10 Section 4. Call Back.........................................................................................................................10 Section 5. Shift Differential........................................................................................................ 11 Section 6. Overtime Compensation............................................................................................ 11 Section 7. Employee’s Right to Name Beneficiary.................................................................. 14 Section 8. Shift Separation.......................................................................................................... 14 Section 9. Bulletin Boards.......................................................................................................... 14 Section 10. Compensation for Court Appearances, Hearing and Show-Up............................ 14 Section 11. Longevity Pay..................................................................................................20 Section 12. Plainclothes or Surveillance Allowance............................................................. 20 Section 13. Payment for Legal Services.................................................................................... 20 Section 14. Death Benefit........................................................................................................... 21 Section 15. Rank Differential..................................................................................................... 21 Section 16. Damaged Personal Property................................................................................ 21 i Non-Supervisors Section 17. Step-Ups.............................................................................................................. 22 Section 18. Sick Leave................................................................................................................ 22 Section 19. Vacation................................................................................................................... 25 Section 20. Donated Time..................................................................................................27 Section 21. Medical Insurance Benefits................................................................................. 29 Section 22. Terminal Benefits................................................................................................ 30 Section 23. Resignations............................................................................................................. 32 Section 24. Injured With Pay Benefit........................................................................................ 32 Section 25. Other Leaves............................................................................................................ 33 Section 26. Clothing and Equipment......................................................................................... 34 Section 27. Working Out of Rank......................................................................................... 34 Section 28. Shift Selection.......................................................................................................... 34 Section 29. Field Training Officers............................................................................................ 34 Section 30. Canine Unit.....................................................................................................35 Section 31. Motorcycle Duty..............................................................................................36 Section 32. Tuition Reimbursement.......................................................................................... 36 Section 33. Promotions............................................................................................................... 36 Section 34. Working Out of Rank......................................................................................... 36 Section 35. SWAT Team Compensation................................................................................... 36 ARTICLE VIII – Publication of Assignment Availabilityand Transfers............................................. 37 Section 1. Publication of Assignment Availability................................................................... 37 Section 2. Notice of Transfer...................................................................................................... 37 ARTICLE IX – Outside Employment...................................................................................................... 38 ARTICLE X – Police Officer’s Rights in Disciplinary Investigations.................................................. 38 ARTICLE XI – Service Record Availability........................................................................................... 39 Section 1. Expungement, Inspection Notice........................................................................... 39 Section 2. Period of Limitations............................................................................................ 40 ARTICLE XII – Fraternal Order of Police Provisions............................................................................ 40 Section 1. FOP Executive Board Members Guarantee............................................................. 40 Section 2. FOP Wage Committee Protection............................................................................ 40 Section 3. Union Leave............................................................................................................... 41 Section 4. Release Time for FOP President.............................................................................. 41 Section 5. Amendment of Police Procedure Manual................................................................ 42 Section 6. Notice of FOP Officials........................................................................................ 42 ARTICLE XIII – Integrity of Agreement................................................................................................ 42 ARTICLE XIV – Savings Clause........................................................................................................ 43 ARTICLE XV – Extended Military Service........................................................................................... 43 ARTICLE XVI – Residency..................................................................................................................... 44 ARTICLE XVII – Terms of Agreement.................................................................................................. 44 ii Non-Supervisors ARTICLE XVIII – Waiver or Breach............................................................................................................ 44 ARTICLE XIX – Notices......................................................................................................................... 44 ARTICLE XX – Abolishment of Promoted Positions........................................................................... 45 Section 1. Section 124.37 Abolishment Retained................................................................. 45 Section 2. Additional Abolishment of Authority...................................................................... 45 ARTICLE XXI – Layoff Provision.......................................................................................................... 46 ARTICLE XXII – Outside Employment Extension of Police Service Details................................... 46 ARTICLE XXIII – Police Officer Certification Pay.................................................................................. 47 ARTICLE XXIV – Post-Traumatic Stress Disorder Injury Recovery Program................................... 47 APPENDIX A – Wages............................................................................................................................ 50 May 2, 2021 Salary Rates........................................................................................................ 50 May 2, 2021 Working Out of Rank Rates.................................................................................. 50 May 2, 2021 Police Certification Pay......................................................................................... 50 May 2, 2021 Shift Differential..................................................................................................... 50 May 1, 2022 Salary Rates............................................................................................................ 51 May 1, 2022 Working Out of Rank Rates.................................................................................. 51 May 1, 2022 Police Officer Certification Pay......................................................................... 51 May 1, 2022 Shift Differential..................................................................................................... 51 April 30, 2023 Salary Rates........................................................................................................ 52 April 30, 2023 Working Out of Rank Rates............................................................................... 52 April 30, 2023 Police Officer Certification Pay...................................................................... 52 April 30, 2023 Shift Differential................................................................................................. 52 APPENDIX B – Grievance Mediation Procedures................................................................................. 53 APPENDIX C – Health Insurance........................................................................................................... 55 APPENDIX C-1 – Health Insurance........................................................................................................ 70 APPENDIX D – Tuition Reimbursement............................................................................................... 87 iii Non-Supervisors DEFINITIONS: A. The terms "sworn member", "member" and "employee" shall mean all sworn members of the Cincinnati Police Department who serve as Police Officers and Police Specialists. ARTICLE I Recognition For the contract period (May 2, 2021 through April 27, 2024) and for a continuing period thereafter, unless either party gives written notice of its intention to repudiate this clause, the City agrees to recognize the FOP as the exclusive bargaining agent with exclusive bargaining rights for all sworn members of the Cincinnati Police Department up to and including the rank of Specialist. "Exclusive bargaining rights" shall be interpreted to mean that the City shall not negotiate, meet or confer with any person, group of persons, associations or unions other than the Fraternal Order of Police, Queen City Lodge No. 69, for purpose of effecting or attempting to effect a change in the terms of this Agreement as it applies to any provision of this contract, and shall not permit any City employee or agent to adopt or continue any policy, procedure or program which is in conflict with any provision of this contract. ARTICLE II Management Rights The FOP recognizes that, except as provided in this labor agreement, the City of Cincinnati retains the following management rights as set forth in Ohio Revised Code Section 4117.08(C) 1- 9: 1. To determine matters of inherent managerial policy which include, but are not limited to areas of discretion or policy such as the functions and programs of the public employer, standards of services, its overall budget, utilization of technology and organizational structure; 2. To direct, supervise, evaluate or hire employees; 3. To maintain and improve the efficiency and effectiveness of governmental operations; 4. To determine the overall methods, process, means, or personnel by which governmental operations are to be conducted; 5. To suspend, discipline, demote or discharge for just cause, or lay-off, transfer, assign, schedule, promote or retain employees; 6. To determine the adequacy of the work force; 7. To determine the overall mission of the employer as a unit of government; 8. To effectively manage the work force; 9. To take actions to carry out the mission of the public employer as a governmental unit. With respect to these management rights, the City of Cincinnati shall have the clear and exclusive right to make decisions in all areas and such decisions, except as otherwise provided in this Agreement, shall not be subject to the grievance procedure. The City is not required to bargain on subjects reserved to the management and direction 1 Non-Supervisors of the City in Revised Code Section 4117.08 except as affect wages, hours, terms and conditions of employment and the continuation, modification, or deletion of this collective bargaining agreement. The FOP may raise a legitimate complaint or file a grievance based on this collective bargaining agreement. ARTICLE III Grievance Procedure All sworn members of the Cincinnati Police Department shall be entitled to the following grievance procedures: Section 1. Definition of Grievance A grievance shall be an allegation that the terms of the written Agreement between the FOP and the City have been violated or misinterpreted or when there is a difference of opinion as to the application of the same, interpretation of same, or a disagreement as to whether the City has disciplined an employee for just cause. Disciplinary grievances involving pay step denials and disciplinary actions involving suspension without pay/loss of vacation/etc. are subject to this grievance and arbitration procedure. Only employees who are discharged or terminated shall, at his or her option, select this grievance and arbitration procedure or appeal their discharges through the state civil service laws. In the event said terminated employee selects this grievance and arbitration procedure, his or her rights to proceed under the state civil service laws shall be considered waived, and this grievance and arbitration procedure shall be final and binding upon the parties. In the event said terminated employee elects to proceed under state civil service law, he or she shall have an additional thirty (30) days in which to convert the appeal to the grievance arbitration process. It is understood by the parties that no member shall have the right to both a civil service hearing and a grievance arbitration hearing. Disciplinary grievances involving suspensions of more than five (5) days without pay, demotion, discharge or termination shall advance automatically to Step 6 of the grievance procedure. The option of mediation may be discussed between the parties prior to the grievance being forwarded to AAA to request an arbitration panel. The grievance and arbitration machinery of this agreement shall be the sole recourse available to employees who receive disciplinary penalties less than termination or discharge subject to this agreement, and is in lieu of the procedures and provisions of Section 124.01 et seq. of the Revised Code or related provisions of the City Code or charter. Reprimands are not subject to Arbitration. Section 2. Who May File 1. Due to the fact that the FOP is the exclusive bargaining agent for all members, and the City has expressed its prior intent to refuse to recognize any grievance not previously reviewed, approved and filed by the FOP, any member believing he has a grievance shall discuss the matter with his immediate supervisor and attempt to resolve the stated problem. The matter must be brought to the attention of the immediate supervisor within fifteen (15) calendar days of the date 2 Non-Supervisors on which the member becomes aware of the incident or condition precipitating the problem. If the problem is not resolved through discussion with the immediate supervisor within thirty (30) working days of the date on which the member becomes aware of the incident or condition precipitating the problem, it may be presented to the FOP for its consideration as a grievance. After reviewing the complaint, the FOP, at its discretion, may initiate a grievance at Step One relative to the complaint. All grievances shall be reduced to writing, contain a full statement of particulars, and be filed on forms approved by the FOP, at the appropriate levels as set forth in this Agreement. The FOP may also initiate, at Step Two, a grievance in its own name on behalf of the membership, provided such grievance is filed in writing within fifteen (15) calendar days from the date the FOP becomes aware of the incident alleged to be a violation of this Agreement. 2. The FOP, or its designated representative, shall be granted reasonable on duty time to investigate, prepare and/or file a grievance. Witnesses who are reasonably necessary to the resolution of the grievance and who are employees of the City of Cincinnati, shall be allowed to attend any hearing resulting from the filing of a grievance. Any member who is on duty and required by either the City or the FOP to attend a grievance hearing shall be released from duty to attend. Any member who is off duty and required to attend a grievance hearing by the FOP shall not be compensated by the City. Any member who is off duty and required to attend a grievance hearing by the City shall be granted a minimum of 3 hours compensation (2 hours X 1-1/2). Any time over 2 hours shall also be compensated for at 1-1/2 rates. At any step of this grievance procedure, the FOP shall have the final authority in respect to any aggrieved member to decline to process further a grievance, if, in the judgment of the FOP, such grievance lacks merit or justification under the terms of this agreement, or has been adjusted or rectified under the terms of this agreement to the satisfaction of the FOP. No provision in the agreement shall be interpreted to require the FOP to represent a member in any stage of the grievance procedure if it considers the grievance to be without merit or in contradiction of any law or regulation. Section 3. Steps Step One If the matter is not resolved through discussion with the immediate supervisor and chain of command within forty-five (45) calendar days from the date on which the member becomes aware of the incident or condition precipitating the grievance, the written grievance shall be submitted to the Chief of Police who shall review the grievance. Within seven (7) calendar days after its submission to him, the Chief of Police shall issue a written decision and a copy of the decision shall be delivered to the individual or organization filing the grievance. If the decision of the Chief of Police is not satisfactory, then the party filing the grievance shall have seven (7) calendar days in which to appeal the grievance to the Second Step. Step Two If the decision of the Chief of Police is not satisfactory, then the grievance shall be 3 Non-Supervisors submitted to the Human Resources Director for an answer on behalf of the City Administration. The Human Resources Director shall submit a written decision to the party or organization filing the grievance not later than fourteen (14) calendar days after receipt of the grievance by the Human Resources Director. If the decision of the Human Resources Director is not satisfactory, the individual or organization filing the grievance shall have seven (7) calendar days to appeal the grievance to the Third Step. Step Three Mediation: If the grievant is not satisfied with the decision or adjustment at Step Two of a disciplinary grievance, then the individual or organization filing the grievance and the City shall submit the matter for grievance mediation in accordance with the procedures in Appendix B hereto. Contract interpretation grievances may, at the option of the parties, also be submitted to mediation in accordance with the procedures in Appendix B. Arbitration: If the grievant is not satisfied with the decision or adjustment at mediation, a panel of three arbitrators, acceptable to both parties, shall be appointed. The American Arbitration Association (AAA) shall be contacted by the Union, in writing, to obtain a list of fifteen (15) arbitrators within thirty (30) calendar days after the receipt of the decision or adjustment of the City Manager or his representative, with a copy to the Police Chief and appropriate Deputy or Assistant City Manager. The parties shall move to select arbitrators within twenty (20) calendar days of the date AAA transmits the list of arbitrators. AAA rules shall apply to all arbitration procedures, including the selection of arbitrators. The decision of the arbitrators shall be binding. Such decision shall be anonymous, rendered by the panel without any indication of which arbitrators ruled or reasons for either side. The panel shall certify only that at least 2 of the 3 arbitrators joined in the decision. The cost of the arbitrator shall be borne equally by the parties. The Union and the City shall each share the filing fees, administrative fees, or panel fees charged by the AAA. The City, however, shall pay all such administrative fees, filing fees or panel fees in the event a terminated employee selects this grievance and arbitration procedure in lieu of his or her rights to proceed under the civil service laws for cases involving employment terminations. The expense of the expert witnesses shall be paid by the party producing same; and, in the event there is a transcript of proceedings, the party ordering the transcript shall be responsible for the cost of said transcript. The Arbitrator shall have no power to render a decision that will add to, subtract from, or alter, change or modify the terms of this agreement and his/her power shall be limited to interpretation or application of the express terms of this agreement. Section 4. Time Limits It shall be the obligation of the grievant to file his grievance within the proper time limit. Any grievant who is not satisfied with the decision must file his grievance with the proper party at the next step. Grievances not pursued by the grievant within the stated time limit shall be deemed to have been resolved. A failure by a supervisor or management representative to respond within the proper time shall allow the grievant to proceed to the next step. Section 5. Legal Representation 4 Non-Supervisors The individual or organization filing the grievance shall have the right to be represented by legal counsel at any time after the completion of the steps of this procedure. Section 6. Employee Protection All employees shall be free from any and all restraint, interference, coercion or reprisal on the part of their supervisors in filing any grievance or appeal, or in seeking information relating to the grievance. The above principles apply equally after final resolution of the grievance. Section 7. Emergency Condition Where there is an emergency condition, upon mutual agreement between the parties, any step or steps in the procedure may be combined to accelerate the resolution of the grievance. The time limits set forth herein may be extended provided such extension is agreed to in writing by both sides. Section 8. Pay Step Denials Grievances concerning pay step denials: If a grievance on a pay step denial is granted, a gross pay adjustment will be made to the date the pay step should have gone into effect. Section 9. Performance Ratings In the event a sworn member of the Cincinnati Police Department receives a performance rating which is at least fifteen percent (15%) lower than his/her last annual rating, the rating shall be subject to grievance procedure, beginning at Step One. Section 10. Disciplinary Appeals All forms of disciplinary action which are not appealable to the Civil Service Commission or the courts, except written or oral reprimands and Forms 475, shall be subject to review through Steps 1, 2, and 3 of the grievance procedure. Section 11. Police Officer Probationary Period Upon being sworn in as a Police Officer, the employee will have a one-year probationary period from the date of being sworn in as a Police Officer. Such Police Officer, in a probationary status, may be removed for cause prior to the time the employee has worked six (6) months. In such cases he/she shall be given a formal notice of disciplinary action and shall have the right of appeal as provided in paragraph 2 of Section 1 above. Such Police Officer in probationary status may be removed without right of appeal after the employee has worked six (6) months of his/her probationary period. A Police Officer in a probationary status, who fails probation, shall have no right to demotion to the status or position of Police Recruit, but shall not be precluded from reapplying for the position of Police Recruit. Section 12. Applicability of Process 5 Non-Supervisors For any incidents that occur before May 2, 2021, the disciplinary process set forth in the Labor Agreement dated May 12, 2019 – May 1, 2021 shall apply. ARTICLE IV Issues and Complaints/Labor Management Committee Section 1. Issues and Complaints The City recognizes that conditions exist, peculiar to a Police Administration, which necessitate continuing discussions between members of the FOP and the City Administration. To facilitate this discussion, the City agrees to mandatory meetings with the FOP President or his representatives to hear issues and complaints relating to matters which adversely affect a member or members of the FOP and which are not covered by the grievance procedure or are not under the jurisdiction of the Civil Service Commission. Issues and complaints may be presented to the Unit Commander, the Bureau Commander, the Chief of Police, the Assistant or Deputy City Manager, or the City Manager. The party to whom the issue or complaint is presented must discuss the matter. Issues and complaints may be presented at any of the stated levels of administration. Discussion or presentation at a particular level will not be a bar to presenting the issue or complaint at any other level. Section 2. Labor Management Committee Operating Guidelines In an effort to further a good working relationship between the parties, a labor management committee ("LMC") shall be formed to investigate, study, and discuss solutions to mutual problems affecting labor relations. A. Representation on this committee will be: For the City: Assistant or Deputy City Manager, or designee Director of Human Resources, or Dept. Representative Chief of Police, or designee Up to two (2) additional members, of the City's choosing, who are City employees and are not represented by AFSCME, Cincinnati Fire Fighters Local 48, or any other Union. For the FOP: President and four (4) additional FOP representatives, or their designees (total of five (5) from both units), to be chosen by the President for one (1) year terms. B. The parties reserve the right to invite their Association representative or legal counsel to meetings where agenda items have bearing upon matters that relate to collective bargaining 6 Non-Supervisors or potentially grievable items or where otherwise deemed necessary upon written notice to the other party. C. An Assistant or Deputy City Manager and President will serve as co-chairpersons of the committee. D. One member appointed by the co-chairpersons will serve as Secretary and prepare minutes of the meeting. Before distribution, both parties shall review the minutes. Copies will be provided to City and FOP representatives. E. Meeting Schedule and Agenda 1. Meetings will be held on a monthly basis and limited to two hours; any variance must be mutually agreed to. An agenda shall be submitted at least forty-eight (48) hours prior to the meeting to both parties. The intent is for each side to come to the meeting as well prepared as possible. 2. The specific day and time shall be agreed to for future meetings. Every attempt shall be made to keep such a schedule, realizing that some flexibility is necessary. 3. Except in emergencies, topics not on the agenda shall not be discussed but placed on the following meeting's agenda. The agenda shall include a brief description of each item to be discussed. Emergency items may be added to the agenda by mutual consent. F. General Guidelines 1. It is recognized that recommendations growing out of these meetings are not binding. 2. Topics that could lead to grievances may be discussed. 3. Each person wishing to speak shall be recognized by the chairperson before speaking, subject to the rules of order adopted by the parties to govern the conduct of meetings. 4. The co-chairpersons shall recognize a motion by either party to table a topic for further study. 5. Each topic shall be discussed fully and action reached before proceeding to another topic. Topics requiring further study may be tabled. Where mutually satisfactory decisions are not reached, the topic shall be cancelled, reverting to its proper place in the labor management relationship - for instance, grievance procedure, negotiations, etc. 6. There will be mutual agreement on any news releases. G. The above rules and guidelines may be changed if mutually agreed to in writing. 7 Non-Supervisors H. Prior to the outset of LMC meetings, the parties will mutually arrange for training in the LMC collaborative process by the Federal Mediation and Conciliation Service, or another mutually agreed upon provider. All expenses connected with such training shall be borne by the City. FOP representatives on the LMC shall not suffer any loss of salary and will be paid overtime (scheduled overtime) for attending LMC meetings outside their regularly scheduled work hours. FOP representatives appointed shall be released from duty for the periods of such training. ARTICLE V Security Queen City Lodge No. 69, Fraternal Order of Police, agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike or picketing against the City or any slow down or other interruption of, or interference with, the normal functions of City services. The City will not lock out any employee or otherwise intentionally interrupt or prevent the continuity of services in the Police Department insofar as such services are required in the normal and usual operation of the City. ARTICLE VI Agency Shop/Free Check-Off For any period of time that Fair Share Fees and/or Agency Fees are determined to be unlawful, the following section shall not apply to the extent that it addresses Fair Share Fees. Effective January 1, 1985, all employees in the bargaining unit who are not members in good standing with the Fraternal Order of Police (FOP) shall pay a fair share fee to the FOP. The fair share fee shall be the amount paid by members of the bargaining unit who are now members of the FOP. All employees hired after January 1, 1985 who do not become members in good standing of the FOP shall pay fair share fee to the FOP effective the employee's date of hire. The bi-weekly fair share fee amount shall be certified to the City by the FOP. The deduction of the fair share fee from the earnings of the employee shall be automatic and does not require written authorization for payroll deduction. Payment of fair share fees shall be made in accordance with Article VI of this Agreement and with the provisions of O.R.C. Section 4117.09(C). The City shall deduct the FOP dues or fair share fees bi-weekly. The amount to be deducted shall be certified to the City by the FOP. There shall be no cost to either the employee or the FOP for the above service. Further, should deductions from members of the Death Benefit Club become necessary, said deduction shall be accomplished by the City at no cost to either the members of the Club or the Club itself. The City shall deduct from the salary or wages of a member the amount which the member voluntarily requests to be withheld and forward payment to the Police Credit Union. 8 Non-Supervisors ARTICLE VII Wages and Benefits Section 1. Wages Wage rates under this Agreement are established for the appropriate classifications in Division 2 of Chapter 307 of the Cincinnati Municipal Code. A schedule of those rates is marked as Exhibit "A" and attached hereto and made a part hereof. All sworn members of the Cincinnati Police Department covered by this Agreement shall be paid bi-weekly. All new sworn employees in the Cincinnati Police Department shall start on the first step of any pay range. Pay increases (step-ups) shall be made upon recommendation of the department head and with the approval of the City Manager. Reinstated employees are considered new employees for the purposes of salary increases. Employees recalled from lay-off shall start on their old salary step and shall receive credit for the time worked in the classification since the date of hire or date of last merit increase. Employees returning from military leave shall receive service credit for salary step-up for all time spent in military service. Increases caused by a change in the salary ordinance shall be processed automatically by the City Human Resources Department. When an employee is demoted, for other than disciplinary reasons, the pay should be the same rate of pay if the new classification contains such a rate; otherwise, at the rate of pay lower than rate before demotion. A disciplinary demotion in and of itself shall not prevent the employee from receiving his/her next scheduled step-up. However, no employee can get a salary step in the lower classification which is higher than that step which he would have been on had he been in that classification originally without approval of the Civil Service Commission. Section 2. Holiday/Compensatory Time All sworn members of the Cincinnati Police Department shall receive on January 1 of each year one hundred twenty (120) hours of compensatory time plus eight (8) hours or any equivalent portion thereof, for any special holiday or partial holiday. The authority to grant special holidays, including days of mourning, shall rest with the City Manager. However, if the City Manager grants a special holiday to members of AFSCME, Ohio Council 8 or the Cincinnati Fire Fighters Local 48, it shall also be granted to all sworn members of the Cincinnati Police Department. Each sworn member of the Cincinnati Police Department shall have the option in June of each year to sell back up to eighty (80) hours of the member's earned and accumulated compensatory time. The City has the option to buy back more compensatory time in September if the member is in agreement. In addition, any sworn member having twenty (20) years of service credit or more with the City of Cincinnati or the Ohio Police and Fire Pension Fund shall have a one time option to declare a period of five consecutive years in each of which years they can sell back up to 120 hours of the member’s earned and accumulated compensatory/holiday time. Such payment shall be made on or before the second paycheck of January of each eligible year. 9 Non-Supervisors All police recruits will, upon graduation from the police academy, automatically receive sixty (60) hours of compensatory time. If for any reason a police officer on probationary status leaves the employment of the City of Cincinnati after receiving the sixty (60) hours of compensatory time, then such former police officer on probationary status will receive payment for the pro rata share of compensatory time earned at the rate of 3.33 hours for each full work week completed after the date of hire as a recruit. If an officer (other than police recruit) uses 120 hours compensatory time before March 31st and then retires or is separated for any reason before March 31st, the officer shall reimburse the City for 90 hours of compensatory time. If such officer retires or is separated before June 30th, the officer shall reimburse the City for 60 hours of compensatory time. If such officer retires or is separated before September 30th, the officer shall reimburse the City for 30 hours of compensatory time. If such officer retires or is separated after September 30th, the officer shall not be required to reimburse the City for any compensatory time. No employee whose normal work schedule would include that employee working on a city- recognized holiday shall be forced to take the holiday off. Also, no employee shall have any regularly scheduled off-day changed for the purpose of circumventing this provision. Employees may charge religious holy days to either (a) vacation, (b) earned compensatory time or (c) personal without pay, at the employee's discretion. On January 1, 1997, and on each successive January 1, up to three (3) hours of compensatory time may be deducted from each sworn member of the Cincinnati Police Department at the discretion of the FOP President. This amount of compensatory time received by the City shall be deposited in the Donated Time Bank. Section 3. Retirement Gifts and Sale of Department Sidearm Upon retirement from the Cincinnati Police Department, members shall be afforded the opportunity to purchase their Department sidearm for a fee not to exceed one dollar ($1.00). At retirement, members shall also be presented their badge, wreath and call box key at no cost to the member. If the present Department sidearm is changed prior to the officer's retirement, the officer issued the new sidearm will be afforded the option to purchase the old sidearm at bid price. In the case of death of any member, said member's family shall, upon request, receive at no cost the deceased member's badge, wreath and call box key. Section 4. Call Back Pay and Special On-Call Pay A. Call Back Pay. The City agrees to pay all members of the Cincinnati Police Department at time and one- half rates with a minimum of six (6) hours pay (four hours at time and one-half rates) when such employee who is off duty is called in and does report. Exceptions: 10 Non-Supervisors Court or Show Up, reporting to Employee Health Services or health care provider (except random drug testing), or failure to complete any task or assignment which is normally required and of which he had knowledge or should have had knowledge, or to submit a report relative to a serious disciplinary incident to which he is a party which occurred during the employee's last tour of duty and for which response cannot be delayed until his next regularly scheduled tour of duty. The City shall not be permitted to change an employee's regular work schedule for the purpose of circumventing this benefit. Regular relief or shift changes are excluded from this provision. In the event a member is called back to make a statement or a report regarding complaints or charges against such member and the complaint or charge is later determined to be "unfounded" or "not sustained" or the member is exonerated or not charged, the employee shall be paid at the call back rate for all time spent in responding to the complaint or charge. B. Special On-Call Pay. Effective at the beginning of the first pay period after 10/1/19, Homicide Investigators, Personal Crimes Investigators, District Investigators, and Traffic Unit Investigators assigned to be “on-call” by the Police Chief will be paid one hour at their straight time rate for each day in an “on-call” status. Designation as “on-call” will be made only at the discretion of the Police Chief. Officers designated as “on-call” will remain fit for duty and available for recall during the on-call period of time. Section 5. Shift Differential A. Effective May 25, 2014, any sworn member working a tour of duty ending after 1800 hours and on or before 1100 hours shall receive a shift differential compensation of equal to three percent (3%) of the top step of a police officer’s hourly rate of pay per hour in addition to his regular rate of pay for all time worked on that shift. Payment of shift differential shall be made in a lump sum, by separate check, during the first pay period in December of each year. B. If a member requests a temporary change in working hours that would result in eligibility for shift differential, when his normally assigned hours would not allow for shift differential, the member shall not be eligible for shift differential in these incidences. C. For purposes of administrative convenience the City may compute shift differential on a November 1 - October 31 yearly basis rather than January through December. In such an event annual increases shall be retroactive to November 1 of the preceding year. Section 6. Overtime Compensation 10-Hour Work Schedule (Seven Off-Day Groups) The regular work week for employees who are assigned to a 10-hour work schedule shall be comprised of forty (40) hours, consisting of four (4) days of ten (10) consecutive hours each. The forty (40) hour work week shall be Sunday through Saturday. All sworn employees in the forty (40) hour work week schedule who are required to work more than ten (10) consecutive hours in any one (1) day, more than four (4) days or more than forty (40) hours in any one (1) work week, shall be paid overtime compensation in salary at the rate of one and one-half (1-1/2) times the employee's regular salary rate or in compensatory time at the rate of one and one-half (1-1/2) times the actual overtime hours, or portions thereof, worked. The 11 Non-Supervisors provisions of this section shall not apply to those employees who are receiving additional pay pursuant to the callback or court time provisions of this contract. The purpose of this section is to clarify the overtime provisions of this agreement and not to create additional overtime payments. 8-Hour Work Schedule – Alternate Available for Non-Uniformed Assignments The regular work week for employees who are not assigned to a 10-hour work schedule shall be comprised of forty (40) hours, consisting of five (5) days of eight (8) consecutive hours each. The forty (40) hour work week shall be Sunday through Saturday. All sworn employees who are required to work more than eight (8) consecutive hours in any one (1) day, more than five (5) days or more than forty (40) hours in any one (1) work week, shall be paid overtime compensation in salary at the rate of one and one-half (1-1/2) times the employee's regular salary rate or in compensatory time at the rate of one and one-half (1-1/2) times the actual overtime hours, or portions thereof, worked. The provisions of this section shall not apply to those employees who are receiving additional pay pursuant to the callback or court time provisions of this contract. The purpose of this section is to clarify the overtime provisions of this agreement and not to create additional overtime payments. Unless otherwise provided herein, the employee’s consecutive off days and regularly scheduled work hours shall not be changed unless it is mutually agreed upon by the employee and his/her supervisor. No member shall be coerced or intimidated in an effort to obtain said mutual agreement. Training scheduled more than five (5) days in advance, regularly scheduled shift changes, transfers as documented on a Personnel Action Form 14 and promotions shall not apply to this consecutive off day provision. For the purposes of this section only, Off Day group 8 (Saturday/Sunday) will be considered two consecutive off days. The City will have the right to annually change four (4) of the officer’s regularly scheduled off days (“Discretionary Days”), upon seventy-two (72) hours notice to the member, without payment of the applicable overtime rate as set forth above. It is specifically understood that the overtime rates set forth in Example Nos. (1) through (4) below shall be paid to the member in the event any change in regularly assigned work hours or regularly scheduled off days occurs on the day(s) on which the events currently known as “Riverfest” and “Ujima” take place, whether or not those events shall continue to bear those designations. Every reasonable effort will be made to allow the member the opportunity to choose a substitute off day, at the member’s choice, within the same work week. When “Discretionary Days” are invoked by the City, the member can expect to work his regularly assigned shift subject to the overtime provisions in Example Nos. (1) and (2) below. The starting time of an employee’s regularly scheduled tour of duty may be changed by the City by up to two (2) hours on either side of the scheduled tour of duty. If the starting time of the employee’s regularly scheduled tour of duty is changed by more than two (2) hours, the employee will receive overtime compensation according to the examples set forth below. Example 1 10-hour Assignment: If a member is regularly assigned to a shift beginning at 0600 hours and ending at 1600 hours, and his/her assigned hours are changed to 0800 hours to 2100 hours, the 12 Non-Supervisors member shall receive overtime pay (1-1/2 times the regular hourly rate) from 1800 hours to 2100 hours. Any additional hours worked beyond ten hours will be paid at the overtime rate as provided for above. 8-hour Assignment: If a member is regularly assigned to a shift beginning at 0700 hours and ending at 1500 hours, and his/her assigned hours are changed to 1000 hours to 1800 hours, the member shall receive overtime pay (1-1/2 times the regular hourly rate) from 1700 hours to 1800 hours. Any additional hours worked beyond eight hours will be paid at the overtime rate as provided for above. Example 2 10-hour Assignment: If a member is regularly assigned to a shift beginning at 0600 hours and ending at 1600 hours, and his/her assigned hours are changed to 0300 hours to 1300 hours, the member shall receive overtime pay (1-1/2 time the regular hourly rate) from 0300 hours to 0400 hours. Any additional hours worked beyond eight hours will be paid at the overtime rate as provided for above. 8-hour Assignment: If a member is regularly assigned to a shift beginning at 0700 hours and ending at 1500 hours, and his/her assigned hours are changed to 0400 hours to 1200 hours, the member shall receive overtime pay (1-1/2 time the regular hourly rate) from 0400 hours to 0500 hours. Any additional hours worked beyond eight hours will be paid at the overtime rate as provided for above. Example 3 10-hour Assignment: If a member is required to work on his/her regularly scheduled off days, the member shall receive overtime pay (1-1/2 times the regular hourly rate) for all hours worked on a regularly scheduled off day, with a minimum of eight (8) hours. Any additional hours worked beyond eight hours will be paid at the overtime rate as provided for above. 8-hour Assignment: If a member is required to work on his/her regularly scheduled off days, the member shall receive overtime pay (1-1/2 times the regular hourly rate) for all hours worked on a regularly scheduled off day, with a minimum of eight (8) hours. Any additional hours worked beyond eight hours will be paid at the overtime rate as provided for above. Example 4 10-hour Assignment: If a member is required to work one regularly scheduled off day, and then any consecutive regularly scheduled off day(s), the member shall receive overtime pay at twice the regular hourly rate for all hours worked on the consecutive off day(s), with a minimum of eight (8) hours. Any additional hours worked beyond eight hours will be paid at the overtime rate as provided for above. 8-hour Assignment: If a member is required to work one regularly scheduled off day, and then any consecutive regularly scheduled off day(s), the member shall receive overtime pay at twice the regular hourly rate for all hours worked on the consecutive off day(s), with a minimum of eight (8) hours. Any additional hours worked beyond eight hours will be paid at the overtime rate as provided for above. 13 Non-Supervisors Overtime for fractions of hours will be reported in six (6) minute increments. An employee may elect to be paid in cash for overtime provided funds remain in the Police Department overtime budget as allocated to organizational units on a bi-weekly basis. When the bi-weekly allocation is depleted the employee shall be paid for his overtime with compensatory time unless the employee elects to defer payment in cash until a new bi-weekly overtime allocation is in effect. The City will issue a directive to all Police Department bureaus that they shall make every effort to see that employees will be paid for their overtime in the same period earned. Section 7. Employee’s Right to Name Beneficiary The employee shall have the right to designate the beneficiary on his City death benefit. Section 8. Shift Separation An employee will be afforded an eight (8) hour lay over between his tours of duty; meaning an employee who works a normal eight hour tour and is relieved, shall not be ordered to another eight hour tour without such lay over. Unscheduled overtime, State of Emergency, and court time to be an exception in this case. Section 9. Bulletin Boards The City agrees to share one-half (1/2) of the space on bulletin boards located at all police installations as of January 1, 1976 for the purpose of FOP business. This provision does not apply to additional bulletin boards which may be installed after January 1, 1976. The location shall be with mutual approval of both the City and the FOP Bargaining Committee. Posting and removal of all items in the FOP space shall be with the express permission of said FOP Bargaining Committee. Section 10. Compensation for Court Appearances, Hearing and Show-Up A. Purpose 1. To provide uniformity in the compensation of Department personnel for appearances in court, hearings and attendance at show-up. B. Definitions Compensation - Pay or time, determined by the type and number of court appearances on a given day at time and one-half the hourly rates. Court Appearance - Required attendance at any of the following: 1. Local and State Courts of Record - Civil and Criminal 2. Grand Jury 3. Federal Court - Civil and Criminal 14 Non-Supervisors 4. Ohio Liquor Control Board, Probation or Parole Hearings, Ohio Board of Nursing, Ohio Board of Pharmacy, or any other similar agency. 5. Out-of-town Courts (1 thru 3) - Other Counties and States Required Attendance - Subpoena or other officially recognized notification to attend a court or hearing (Juvenile Court, Court Referee, Small Claims Court, Probation/Parole, deposition before notary included) as a representative of the Cincinnati Police Department. Off Days - Those days commencing with the last hour worked on a normal tour of duty when the employee is not required to return to work within the next twenty-four (24) hour period, and ending when the employee actually returns to duty (this includes preplanned vacation and compensatory time off granted prior to notification to appear). Off-Duty - Those hours between normally scheduled tours of duty, excluding off day (i.e., between 0600 and 2200 hours, between 2200 and 1400 hours, between 1400 and 0600 hours and between 0400 and 2000 hours). Dead Time - If the member's regular shift ends less than eight hours prior to any schedule court appearance that time shall be considered dead time. Department Personnel - Sworn and civilian members of the Police Department. C. Compensation Policy for Off-Duty Attendance 1. Department personnel shall be compensated with time (minimum of three (3) hours compensation) for a solitary appearance in traffic or criminal cases up to and including preliminary hearings and show-up. a. This includes civil cases in the Hamilton County Municipal Court System. Witness fees will be surrendered. 2. Department personnel shall be compensated for a solitary dead time appearance with pay at a rate of 2 hours above and beyond the normal compensation as outlined in Items C-1, C-4, and C-5. 3. Department personnel shall be compensated for a solitary off-day appearance with pay at a rate of 2 hours above and beyond the normal compensation as outlined in Items C-1, C-4, and C-5. 4. Personnel shall receive compensation with pay for the first two hours at 1-1/2 rate for a solitary appearance in Grand Jury, Common Pleas Court (including Juvenile Court), Cincinnati Federal Court or Federal Court in Covington, Kentucky. a. This includes civil cases. b. Cash will be surrendered at unit of as s ignm ent. Attach fo rm 6 8 P describing court or hearing. 5. Off-duty time spent in any of the previously mentioned courts, hearings, or show- up in excess of two hours shall be compensated with time in increments of ten minutes at a time and one-half rate (1 to 10 minutes = 15 minutes compensation). 15 Non-Supervisors 6. When multiple appearances are required in one day, compensation will be as follows: a. First two hours will be compensated with pay or time depending on court or hearing attended. b. Pay can be received for only two hours at 1-1/2 rate in one day, with the exception of dead time and off-day compensation (C-2 and C-3). c. Time in court or show-up beyond first two hours will be computed in increments as directed in Item C-5. d. Multiple appearances beginning prior to noon and extending into the afternoon will be compensated as previously indicated unless one hour or more elapses between the end of previous court and the last court appearance. In this instance, the last court will be treated as a separate appearance with two hours compensation at 1-1/2 rate. EXAMPLE #1 Officer's appearance for one day, off-duty consisted of the following: Show-Up 0800 - 0900 hours Grand Jury 1000 - 1130 hours Common Pleas 1130 - 1210 hours Traffic Court 1300 - 1330 hours Juvenile Court 1435 - 1440 hours Compensation: Pay - Grand Jury = 2 hrs. (x 1-1/2) 0800-1000 Time - Increments = 3-1/2 hrs. (x 1-1/2) 1000-1330 Time - Juvenile Court = 2 hrs. (x 1-1/2) 1435-1440 TOTAL: 3 hrs. pay, 8-1/4 hrs. time. EXAMPLE #2 Grand Jury 1100 - 1200 hours Traffic Court 1300 - 1310 hours Compensation: Pay - Grand Jury = 2 hrs. (x 1-1/2) 1100-1200 Time - Traffic Court = 2 hrs. (x 1-1/2) 1300-1310 TOTAL: 3 hrs. pay, 3 hrs. time EXAMPLE #3 16 Non-Supervisors Grand Jury 1000 - 1015 hours Common Pleas 1100 - 1230 hours Juvenile Court 1315 - 1415 hours Compensation: Pay - Grand Jury = 2 hrs. (x 1- 1/2) 1000-1200 Time - Increment = 2-1/4 hrs. (x 1- 1/2) 1200-1415 TOTAL: 3 hrs. pay, 3 hrs. 25 min. time EXAMPLE #4 Off-day compensation is computed in the same way as above examples with an automatic additional 2 hours pay. Grand Jury 1100 - 1200 hours Traffic Court 1300 - 1310 hours Compensation: Pay - Off-day = 2 hrs. Pay - Grand Jury = 2 hrs. (x 1- 1/2) 1100-1200 Time - Traffic Court = 2 hrs. (x 1- 1/2) 1300-1310 TOTAL: 2 hrs. pay + 3 hrs. pay + 3 hrs. time = 5 hrs. pay + 3 hrs. time EXAMPLE #5 Dead time compensation is computed in the same way as above examples (1-3) with an automatic additional 2 hours pay. Grand Jury 1100 - 1200 hours Traffic Court 1300 - 1310 hours Compensation: Pay - Dead Time = 2 hrs. Pay - Grand Jury = 2 hrs. (x 1- 1/2) 1100-1200 Time - Traffic Court = 2 hrs. (x 1- 1/2) 1300-1310 TOTAL: 2 hrs. pay + 3 hrs. pay + 3 hrs. time = 5 hrs. pay + 3 hrs. time 7. When a sworn member is required to appear in court while on a "sick with pay" status said member will be compensated in accordance to the Compensation Policy for Off-Duty Attendance (C-1). 17 Non-Supervisors 8. Personnel appearing in Federal Court, outside of Cincinnati and Covington, Kentucky, or the Ohio Liquor Board Hearing, Ohio Board of Nursing, and the Ohio Board of Pharmacy will retain the check issued by that agency as compensation for the appearance. a. An appearance at the Ohio State Liquor Board, Ohio Board of Nursing, Ohio Board of Pharmacy or Parole Board Hearing Outside Hamilton County or non- local Federal Courts counts as work day. The check is retained for miscellaneous expenses incurred while in that city. 9. An appearance in an out-of-city court other than those in C-8 will be treated as if it were a Common Pleas appearance in the City. a. Witness fees will be surrendered. b. Mileage fees will be surrendered if a city vehicle is used. c. Mileage fees received from the subpoenaing jurisdiction for use of private vehicle may be retained. If fee is less than that paid by Cincinnati, a claim for the difference may be made to Fiscal and Budgetary Section. d. The member's supervisor will consider reasonable time for travel to out-of- city courts and will include such times as part of compensated court time. e. Any appearance involving lengthy travel, overnight stays, etc., will be treated dependent on time involved, duty status and compensation given by the subpoenaing authority. In these instances the member involved will obtain a statement from a responsible court official delineating time spent in court or time involved in preparing for case presentation. These facts will be presented to the Chief, via chain of command, for his review and determination of compensation. 10. Off-duty time spent in court prior to or extending beyond the member's normal work period will be treated the same as Items C-1, C-4 and C-5 above. 11. Taking time off or changing normal work hours in order to receive extra compensation for appearing in court is prohibited. 12. Personnel will only be compensated for court appearances that are a direct result of activities as an employee of the Cincinnati Police Department. This rule may be waived provided the detail is initiated and planned by the Police Department. a. Personnel engaged in employment by a private company or business establishment, in a security, law enforcement or other capacity, will use compensatory or other off time for court attendance in cases which evolve from arrests made on behalf of the private employer. The employing company is responsible for proper compensation for these court appearances. 13. The terms of Items C-2, C-3 and C-6 shall be subject to the terms of this Item: a. Department personnel can qualify for either off-day or dead time compensation, but not both at the same time or on the same day. In addition, 18 Non-Supervisors afternoon court appearances, which are treated as separate court appearances under Item C-6, do not qualify for additional off-day or dead time compensation. D. On-Duty Attendance 1. Department personnel will receive regular pay and no other compensation for appearances in court while on duty except as noted under section C-8. 2. Check received for on-duty court appearances or hearings will be endorsed, listing the duty status of the officer, and turned in at the unit of assignment. This includes checks received from all of the following local and state courts of record - criminal and civil: Juvenile Court Grand Jury Probate Court Local Federal Court - Criminal and Civil a. Cash will be surrendered at unit of assignment. Attach to a Form 68-P describing court or hearing. b. In lieu of claims for overtime, mileage and other miscellaneous expenses, personnel attending Ohio Liquor Board, Ohio Board of Nursing, and Ohio Board of Pharmacy or Parole Hearing outside Hamilton County and non- local federal courts will retain the witness fee check to cover their own expenses even though these are all considered on-duty appearances. 3. Reimbursement for mileage and parking is normally part of the witness fee for out- of-town appearances. These fees will be submitted along with the witness fee check except as noted in Section C-8 and D-2b. E. Recording Appearances at Court Hearings and Show-Up 1. Normally the only records accepted by the Police Department as verification for off-duty court appearances will be the Court Slip (form 68-P) and witness fee checks issued by the various clerks of court. a. The Form 68-P must be signed, verifying the member's appearance by the officer of the court so delegated that task. 1. Increment time will be noted on the court slip in ink by this court officer. b. Off-duty appearance at show-up will be verified by the Commander of the Criminal Investigation Section or his delegate on Form 68-P. c. At appearance where the usual record is a witness fee check, increment time beyond the first two hours will be documented and signed on a Form 68-P by the officer/clerk of the court. 2. All records of appearances will be submitted by the officer to his unit supervisor, who will verify duty status. a. Exceptions to this are felony arraignments and preliminary hearings (Rooms A & B). In these instances, the original 68-P is mailed by the Court 19 Non-Supervisors Section to the officer's unit once a week. 3. Recording and processing time earned for appearances will be in accordance with Procedure 15.120. Section 11. Longevity Pay Beginning January 1, 1999, all sworn members of the Cincinnati Police Department shall be paid compensation for length of service in the employment of the City of Cincinnati as follows: A. After completion of eight (8) years of service, the sum of $575.00 per annum; B. After completion of ten (10) years of service an amount to be paid annually equal to sixty dollars ($60.00) for each year of such service; C. After completion of eighteen (18) years of service an amount to be paid annually equal to seventy dollars ($70.00) for each year of such service; D. After completion of twenty-five (25) years of service, an amount to be paid annually equal to one-hundred ten dollars ($110.00) for each year of such service; E. After completion of thirty (30) years of service, the sum of three thousand three hundred dollars ($3,300.00) per annum. Said compensation for length of service shall be paid by separate check on or about the first day of December of each year beginning with the calendar year in which the employee completes, on or before December 31, a term as set forth above. In case of death, retirement or resignation, the employee shall be paid the annual longevity payment for the number of months on the payroll on a prorated basis. Section 12. Plainclothes or Surveillance Allowance Beginning May 22, 2016, all sworn members of the Cincinnati Police Department assigned to duty requiring them to wear civilian clothing for a cumulative period in excess of three (3) months but less than six (6) months during the preceding calendar year, shall be paid an annual clothing allowance in the amount of Two Hundred Fifty Dollars ($250.00). In the event a member is assigned to duty requiring him or her to wear civilian clothing for a cumulative period in excess of six (6) months during the preceding calendar year, then he or she shall be paid an annual clothing allowance in the amount of Five Hundred Dollars ($500.00). This benefit only applies to detectives and undercover officers. Members serving a disciplinary suspension, or members with suspended police powers, or on light duty who are not performing in an investigative capacity while on light duty, shall not accrue time during said period for purposes of plainclothes allowance. All annual clothing allowances shall be paid by separate check on or about January 30 of each year. Section 13. Payment for Legal Services Any sworn member of the Cincinnati Police Department who is prosecuted in any criminal 20 Non-Supervisors court upon a private warrant or indictment based on actions of the employee judged by the City Manager to be in the proper performance of his official duties, or while performing an extension of his official duties, shall be reimbursed for any reasonable expenses (including attorney fees) billed to said employee by his legal counsel for the employee's defense as certified by the City Solicitor. No payment shall be made under this provision unless approved by the City Manager. Section 14. Death Benefit Beginning May 22, 2016, upon receipt of proof of death of an active or retired sworn member of the Cincinnati Police Department, there shall be paid to the designated beneficiary of such member, or if no designated beneficiary then to the member's estate, a death benefit as follows: A. The sum of Fifty Thousand Dollars ($50,000.00) to the designated beneficiary of an active member. B. The sum of Five Thousand Dollars ($5,000.00) to the designated beneficiary of a retired member. Section 15. Rank Differential Effective January 1, 1980, compensation differentials shall be recognized between various ranks and grades in the Cincinnati Police Department as follows: A. A two percent (2%) differential between the rank of Police Officer and the grade of Senior Police Officer. To qualify, a member must have 19 years of service with the City of Cincinnati in the rank of Police Officer. This provision will be effective the first full pay period after January 1, 2020. B. An eight percent (8%) differential between the rank of Police Officer and the grade of Police Specialist. C. An eight percent (8%) differential between the grade of Police Specialist and the rank of Police Sergeant. D. A sixteen percent (16%) differential between the ranks of Police Sergeant and Police Lieutenant. A sixteen percent (16%) differential between the ranks of Police Lieutenant and Police Captain. F. A sixteen percent (16%) differential between the ranks of Police Captain and Assistant Chief. Section 16. Damaged Personal Property Any items of personal property, including but not limited to shoes, watches, eyeglasses, contact lenses, dentures or clothing, which are lost in the fresh pursuit or apprehension of a suspect, stolen or damaged in the performance of official duties, shall be reimbursed to the affected 21 Non-Supervisors sworn member of the Cincinnati Police Department at their current replacement cost, not to exceed $300.00. There shall be no requirement that an employee received an injury to his or her person in order to qualify under this section. In the event that more than one item of personal property is lost, stolen or damaged in any one incident, then the $300.00 limit shall apply to each individual item and not be considered as the total amount recoverable for all lost, stolen or damaged items. Exceptions: Personal pagers, cellular telephones, and personal computers shall not be subject to reimbursement under this section unless such items have been specifically authorized in advance and in writing for use and reimbursement by the Chief of Police. If reimbursement is to be denied, that fact must be communicated to the member, in writing, at the time the Chief responds. Reimbursement under this provision shall be available for personal property lost, damaged, or stolen during off duty employment provided the member is engaged in an official police function. Section 17. Step-Ups A. A salary step-up in the classification of Police Officer, unless it is denied, shall become effective on the first day of the anniversary pay period of the member's date of hire or most recent step-up. B. Promoted personnel above the rank of sergeant shall immediately be advanced to the highest pay rate available for the classification to which the member is promoted. Personnel promoted to the rank of sergeant shall be placed at the lowest step of that rank. Upon completion of six (6) months of service such sergeants shall be placed at the top pay step of the classification. Personnel promoted to the classification of Police Specialist shall be immediately advanced to the highest pay rate available for that classification. Section 18. Sick Leave Members shall be credited with two hours of sick leave for each week of active service. In case of absence without pay during a bi-weekly pay period, 4 hours SWP will be earned if the employee is in a pay status, but not IWP, more than 40 hours. Two hours SWP will be earned if the employee is in a pay status for 1 to 40 hours inclusive in the pay period. Sick leave may be used when a member is quarantined or physically unable to work because of sickness or an off- duty injury. Sickness or injury caused by outside employment which results in inability to work cannot be charged to sick leave unless the outside employment is an extension of police service. SWP-F. Sick leave shall be granted under the following conditions whenever serious illness or injury affects a member of the immediate family: 22 Non-Supervisors A. The member of the immediate family is the husband, wife, parent, registered domestic partner, parent-in-law, child, sister or brother, grandchild, or grandparent of member or member of the immediate household of the person seeking to use sick leave. SWP-F shall not exceed two (2) days per occurrence, however additional time may be granted by the immediate supervisor provided the employee submits written verification by the treating physician; and B. It is necessary because of official quarantine or to care for and make arrangements for the sick person, or C. In the case of hospitalization, the following shall apply: Three days shall be granted to all sworn members of the Cincinnati Police Department in cases of serious operations, injury, or illness in order to hospitalize a member of the family, be available on the day of any operation or serious test, or to assist in the discharge of the patient from the hospital. D. Childbirth - A member shall be granted one day of sick leave on the day a spouse is taken to the hospital for the purpose of giving birth, one day on the day the spouse gives birth and one day on the day the child is brought home. SWP-A (Adoption). In the event that a member adopts a Child under the age of twelve (12), the Member may take up to twenty-four (24) hours of leave time when the child is brought home, provided that such days are on a workday or immediately before or after a workday for the Member. This leave time will be charged to SWP, vacation, or holiday comp. time at the discretion of the member and is limited to twenty-four (24) hours per adoption. The Employee must notify their supervisor at least two (2) weeks in advance of the arrival of the adopted child. However, emergency situations will not automatically result in denial. SWP-M. Employees will be allowed to use sick leave credit for the period during which they are physically unable to work due to pregnancy, childbirth, miscarriage, a related medical procedure or recovery, therefrom. Members covered under this Agreement shall be eligible for Parental Leave under the City’s Parental Leave Policy 4.7 (Revised 1/1/16). If the City’s Parental Leave Policy is terminated at any time, the parties will revert back to the language above. If the City’s Parental Leave Policy is amended at any time, the union may elect to retain the amended policy or revert back to the language above. Under no circumstances will a member receive the Parental Leave benefit and the twenty-four (24) hours off under SWP-A above. The duration of this leave shall be determined on an individual basis by the employee and her physician. The employee must notify her supervisor approximately two weeks before her expected date of departure. Employees experiencing unexpected emergencies will not be penalized for failure to give proper notification. All sworn members of the Cincinnati Police Department who are off sick or injured, whether service connected, or not, shall be carried on an "unrestricted" basis. No member will be considered on restricted status unless so ordered by the City/Police Physician. The question of whether a member on sick leave shall be restricted to his or her home shall be left to the discretion 23 Non-Supervisors of the City/Police Physician. The extent of the restriction shall be determined by the City/Police Physician. The City/Police Physician shall consult with the employee's personal or attending physician in making his determination of whether or not to grant or continue the "unrestricted" basis. No City employee shall in any way attempt to directly or indirectly influence the decision of the City/Police Physician. SWP Abuse: Requests for sick leave submitted with the intent to deceive shall be considered fraudulent. Denial of Time Off: Any employee who has requested and been denied the use of compensatory time, vacation, or any other accrued leave on a particular day, and who calls in sick for the day(s) for which leave was denied, shall be required to provide a physician’s verification of injury or illness. Member with Break in Service Any person who reenters City employment shall be credited with any accumulated sick leave balance remaining at the end of his previous service. (This section covers all cases of reemployment, including persons who reenter City service by recall, reinstatement or new examination. No credit is given if the employee was out of service more than one (1) year, except because of military leave or layoff.) Sick With Pay Death (Funeral Leave) 1. Death in the immediate family - four (4) days will be granted for a death in the immediate family (husband, wife, parent, registered domestic partner, parent-in-law, child, brother, sister, grandchild, grandparent or member of the immediate household). This time off must be used near the death or burial date. It cannot be deferred to a later time. If more than four days are required, the time off must be charged to other leaves (vacation, compensatory time, etc.). 2. Death of any other relative - an employee will be entitled to one day to attend the funeral for the death of any other relative not considered to be in the immediate family. If more than one day is required, the time off must be charged to other leaves (vacation, compensatory time, etc.). An employee can use a maximum of five days a calendar year to attend funerals of relatives not in the immediate family. Court Appearances When a sworn member is required to appear in court while on "sick with pay" status, he will be compensated in the normal manner with pay and/or compensatory time for the court appearance. He will be compensated in the normal manner for attending court prior to being called off sick. For example, if a sworn member attends court from 0900 to 1100 and then becomes ill and is unable to report for his schedule tour of duty beginning at 2000, he will still receive normal compensation for the morning court appearance. This policy will not affect officers on "injured with pay" status since they receive full 24 Non-Supervisors pay with no loss of previously accumulated sick time. Sick With Pay Medical/Dental Leave (SWP-MDL) The city will provide to members of the bargaining unit 24 hours of Medical/Dental Leave (MDL) per year to be used for routine physician appointments. SWP will be used for the purposes of MDL leave, however, this time will not be counted against SWP reciprocity purposes. The member may be required to submit a physician’s note documenting the appointment. Sick With Pay Reciprocity All members shall have the option to convert to cash up to one hundred and four (104) hours of accumulated sick leave annually. This benefit shall not be available unless the member has a sick leave balance of at least four hundred and eighty (480) hours at the end of the last pay period in the previous payroll year. If the member has used no sick leave in the last payroll year, the conversion shall be at the rate of one (1) hours pay for one (1) hours of accumulated sick leave. If the member has used only twenty-four (24) hours or less of sick leave (thirty (30) hours or less for employees on ten-hour shifts) in the last payroll year, the conversion shall be at the rate of one (1) hours pay for one-and-a-half (1.5) hours of accumulated sick leave. If the member has used only forty (40) hours or less of sick leave (fifty (50) hours for employees on ten-hour shifts), the conversion shall be at a rate of one (1) hours pay for two (2) hours of accumulated sick time. Sick leave time used for attendance at a funeral for the death of a member's family or for the birth or adoption of a minor child or MDL shall not be counted in computing the annual limit of sick leave to qualify for the conversion of accumulated sick leave to pay. For the purposes of determining whether an employee is assigned an 8-hour shift or a 10- hour shift, the shift assignment in effect during the last pay period of the previous payroll year will be used. The first payment of this benefit shall be based upon the 1982 payroll year and shall be made in a lump sum, by a separate check during the second pay period in February of each year, beginning in 1983, and annually thereafter. Any eligible member desiring to make such conversion of accumulated sick leave to cash must notify his supervisor of the total number of hours he desires to convert, on or before January 15 of the year in which the payment is to be made. Conversion will be at the member's hourly rate of pay in effect during the last pay period of the previous payroll year. (Example: Payments to be made in February, 1983 shall be based upon the member's hourly rate of pay in effect during the last pay period of the 1982 payroll year). All hours of sick leave converted by virtue of this provision shall be deducted from the member's sick leave balance. All unused or unconverted sick leave shall continue to accumulate. No prorated payments or conversion will be granted to members leaving city service during the benefit year (previous payroll year). Section 19. Vacation 25 Non-Supervisors A. Commencing May 22, 2016, each sworn member shall be granted annual vacation leave according to the following schedule: Hours Earned Per Pay Period in Active Service Length of Service Less than 4 yrs. 3.4 4 yrs. to less than 9 yrs. 4.4 9 yrs. to less than 14 yrs. 5.4 14 yrs. to less than 19 yrs. 6.6 19 yrs. to less than 25 yrs. 7.8 25 yrs. and over 8.2 Yearly Accumulation Length of Service Less than 4 yrs. 89 4 yrs. to less than 9 yrs. 115 9 yrs. to less than 14 yrs. 141 14 yrs. to less than 19 yrs. 172 19 yrs. to less than 25 yrs. 203 25 yrs. and over 213 Maximum Length of Service Accumulatio n Hired on or Hired after before 7/1/97 7/1/97 Less than 4 yrs. 267 178 4 yrs. to less than 9 yrs. 345 230 9 yrs. to less than 14 yrs. 393 262 14 yrs. to less than 19 yrs. 462 308 19 yrs. and over 587 394 Active Status: Full vacation credit is accrued if the employee is in a pay status more than 40 hours, not including donated time; one week’s credit is earned if the employee is in a pay status for 1 to 40 hours, inclusive in the pay period. No member will be required to take an annual vacation and may accumulate vacation according to the maximum accumulation schedule. Pro rata adjustment of yearly vacation maximum accumulation shall be automatically made to incorporate the additional vacation increases. 26 Non-Supervisors A member of the bargaining unit will be entitled to vacation credit, including maximum accumulation, for prior service as a City of Cincinnati employee. B. Vacation Selection. Vacation selection in the ranks of Police Officer and Police Specialist in the Cincinnati Police Department shall continue to be made in established work groups. Selections shall be according to seniority as determined by date of appointment as a Police Recruit. If two or more employees were appointed on the same day, vacation selection shall be made according to the member's numerical grade on the overall entrance level eligibility list. Vacation selection shall be made by the last Monday in February of the vacation year. The vacation list shall be typed, including any necessary selection changes, approved and posted on the first Monday of March. If any selection is changed, it will be done in accordance with seniority as listed above. Once posted a member shall not be compelled to change a selected vacation. A bargaining unit member who returns to service as a Cincinnati Police Officer following resignation from the Cincinnati Police Department shall use his/her date of rehire or reinstatement for purposes of establishing his/her vacation seniority date, except as provided in section 19(c). C. Break in Service. For the purpose of determining vacation seniority, the following applies: Restored from lay-off Restored from military service Retain Original Restored from retirement Seniority Date Retiree hired for different job, no break in service All other including From Date of Rehire reinstated personnel or Reinstatement D. Called Back to Work While on Vacation. A member on vacation and called in for emergency duty shall have the option of: 1. Pay at time and one-half regular pay in lieu of vacation pay. 2. Regular pay plus another day of vacation. E. If a sworn member of the Police Department is hospitalized while on vacation, his status will automatically be changed from "vacation" to "sick with pay", for actual days hospitalized. Section 20. Donated Time All sworn members of the Cincinnati Police Department shall be entitled to donated time benefits: 27 Non-Supervisors A. Purpose: 1. To relieve hardship resulting from extended illness. 2. To establish a procedure for the operation of donated time program. B. Procedure: 1. When it comes to the attention of a Unit Commander that an employee's sick time credit, together with all other forms of paid leave, equals 240 hours or less, he shall investigate, provided, however, that the employee shall not utilize donated time until all other forms of leave have been exhausted: a. The character of the employee's present ailment. b. The prognosis of the Police Physician. c. The employee's record of sick time used in the past five years. 2. The Unit Commander shall execute a Form 17 to the Police Chief, through channels, setting forth: a. The details of his investigation. b. Any recommendations he may have concerning the employee's eligibility as a recipient of donated court attendance, compensatory time, vacation, or overtime credit. 3. If the Police Chief approves a recommendation for an employee to be the recipient of donated time: a. A Form 17 shall be executed by the Police Chief and forwarded to the Human Resources Director for his consideration. b. Upon approval by the Human Resources Director: 1. Personnel Section will initiate a written message and memorandum in the staff notes will be made indicating official approval. 2. Inform the Fraternal Order of Police. 4. Any member of the Department wishing to voluntarily donate time for the benefit of such approved recipient shall: a. Submit Form 25 to his Unit Commander: 1. Listing the name and unit of beneficiary, the kind of time (court, overtime, compensatory or vacation) being donated. Donor's rank and signature must be shown on Form 25. b. Unit Commanders will mark court attendance, overtime and compensatory time records in usual fashion, and forward Form 25 for all donated time to the Unit Commander in charg
