FOP Contract 22-24 Agreement PDF

12/16/2022 0749-01 21-MED-08-0923 21-MED-08-0924 COLLECTIVE BARGAINING AGREEMENT 42583 BETWEEN THE FRANKLIN COUNTY SHERIFF'S OFFICE AND THE...

12/16/2022 0749-01 21-MED-08-0923 21-MED-08-0924 COLLECTIVE BARGAINING AGREEMENT 42583 BETWEEN THE FRANKLIN COUNTY SHERIFF'S OFFICE AND THE FRATERNAL ORDER OF POLICE, CAPITAL CITY LODGE #9 JANUARY 1, 2022 THROUGH DECEMBER 31, 2024  TABLE OF CONTENTS ARTICLE 1. AGREEMENT 1 Section 1.1 Agreement ………………………………………………………………………………….. 1 Section 1.2 Purpose Clause ……………………………………………………………………………... 1 Section 1.3 Legal References …………………………………………………………………………… 1 Section 1.4 Sanctity of Agreement …………………………………………………………………….. 1 Section 1.5 Past Practice ………………………………………………………………………………... 2 Section 1.6. Probationary Employees …………………………………………………………………... 2 ARTICLE 2. RECOGNITION 2 Section 2.1. Recognition ………………………………………………………………………………... 2 Section 2.2 Bargaining Unit …………………………………………………………………………….. 3 ARTICLE 3. LODGE SECURITY 3 Section 3.1 Dues Deduction …………………………………………………………………………….. 3 Section 3.2 Fair Share …………………………………………………………………………………... 3 Section 3.3 Bulletin Boards …………………………………………………………………………….. 4 Section 3.4 Ballot Boxes ……………………………………………………………………………….. 4 Section 3.5 Bargaining Unit Meetings ………………………………………………………………….. 4 Section 3.6 Use of Intra-Office Mails …………………………………………………………………... 4 Section 3.7 Lodge Business ……………………………………………………………………………... 4 Section 3.8 Sheriff's Office Roster ……………………………………………………………………… 5 Section 3.9 Grievance Liaison Representatives ………………………………………………………… 5 Section 3.10 Grievance Liaison Chairman and Assistant Chairman…………………………………… 6 Section 3.11 Negotiations Committee ………………………………………………………………….. 7 Section 3.12 Delegates ………………………………………………………………………………….. 7 Section 3.13 Lodge Official …………………………………………………………………………….. 7 Section 3.14 Contracting Out …………………………………………………………………………… 8 Section 3.15 Legislation ………………………………………………………………………………… 9 Section 3.16 Release Time Documentation ……………………………………………………………... 9 ARTICLE 4. NONDISCRIMINATION 9 Section 4.1 Joint Pledge ………………………………………………………………………………… 9 Section 4.2 Lodge Pledge ………………………………………………………………………………. 10 Section 4.3 Employer Pledge …………………………………………………………………………… 10 Section 4.4 Reference to Gender ……………………………………………………………………….. 10 ARTICLE 5. GRIEVANCE PROCEDURE 10 Section 5.1 Grievance Defined ………………………………………………………………………… 10 Section 5.2 Qualifications ……………………………………………………………………………… 10 Section 5.3 Jurisdiction ………………………………………………………………………………… 10 Section 5.4 Grievance Procedure ………………………………………………………………………. 10 Section 5.5 Grievance Representatives ………………………………………………………………… 14 Section 5.6 Time Limits ……………………………………………………………………………….. 14 Section 5.7 Representatives in Meetings ……………………………………………………………… 14  Section 5.8 Grievance Form ……………………………………………………………………………... 15 Section 5.9 Nondiscrimination ………………………………………………………………………….. 15 ARTICLE 6. INTERNAL AFFAIRS AND EEO INVESTIGATIONS 15 ARTICLE 7. CORRECTIVE ACTIONS AND RECORDS 17 Section 7.1 Rights ………………………………………………………………………………………. 17 Section 7.2 Discipline for Cause/Disparate Treatment …………………………………………………. 17 Section 7.3 Pre-Disciplinary Hearings ………………………………………………………………….. 18 Section 7.4 Actions of Record …………………………………………………………………………... 18 Section 7.5 Progressive Action …………………………………………………………………………. 19 Section 7.6 Documented Oral/Written Reprimands …………………………………………………….. 19 Section 7.7 Duration of Records ………………………………………………………………………... 19 Section 7.8 Performance Evaluations …………………………………………………………………… 20 Section 7.9 Review of Personnel Files …………………………………………………………………... 21 Section 7.10 Personnel Client …………………………………………………………………………... 21 Section 7.11 Inaccurate Documents …………………………………………………………………….. 22 Section 7.12 Work Rules ………………………………………………………………………………… 22 Section 7.13 Interoffice Correspondence ………………………………………………………………... 22 Section 7.14 Citizen Complaints ………………………………………………………………………… 22 ARTICLE 8. SENIORITY RIGHTS, LAYOFFS, AND RECALL 23 Section 8.1 Lay Off/Job Abolishment ………………………………………………………………….. 23 Section 8.2 Recall ………………………………………………………………………………………. 23 Section 8.3 Classification ………………………………………………………………………………. 24 ARTICLE 9. ASSIGNMENTS AND TRANSFERS 24 Section 9.1 Assignments………………………………………………………………………………… 24 Section 9.2 Transfer and Vacancy Defined ……………………………………………………………... 24 Section 9.3 Posting of Vacancies ……………………………………………………………………….. 25 Section 9.4 Response to Posting ………………………………………………………………………... 25 Section 9.5 Selection Criteria …………………………………………………………………………… 25 Section 9.6 Mandatory FTO Programs …………………………………………………………………. 27 Section 9.7 Limitation on Transfers …………………………………………………………………….. 29 Section 9.8 Temporary Transfers ……………………………………………………………………….. 29 Section 9.9 Administrative Assignment ………………………………………………………………… 29 Section 9.10 Employee Development Program ………………………………………………………… 29 Section 9.11 Return from Disability Retirement or Disability Separation …………………………….. 30 ARTICLE 10. PROMOTIONS 31 Section 10.1 Qualifications ……………………………………………………………………………... 31 Section 10.2 Testing Procedure ………………………………………………………………………… 31 Section 10.3 Promotion Procedures …………………………………………………………………….. 32 Section 10.4 Study Materials …………………………………………………………………………… 33 ARTICLE 11. LABOR/MANAGEMENT MEETINGS 33 Section 11.1 Philosophy ………………………………………………………………………………… 33 Section 11.2 Labor/Management Meetings …………………………………………………………… 34 Section 11.3 Agenda …………………………………………………………………………………….. 34 Section 11.4 Attendance ………………………………………………………………………………… 34 ARTICLE 12. MANAGEMENT RIGHTS 35 Section 12.1 Management Rights ………………………………………………………………………. 35 Section 12.2 Additional Rights and Limitations ……………………………………………………….. 35 Section 12.3 Conflict …………………………………………………………………………………… 35 ARTICLE 13. CLASSIFICATIONS 35 Section 13.1 Classifications …………………………………………………………………………...... 35 Section 13.2 Peace Officer Training Certification ……………………………………………………… 36 ARTICLE 14. PAY PLAN 37 Section 14.1 Pay Ranges and Rates …………………………………………………………………….. 37 Section 14.2 Pay Plan Administration ………………………………………………………………….. 40 Section 14.3 Service Credit …………………………………………………………………………….. 41 Section 14.4 Pension Contribution (PERS-LE) ………………………………………………………… 41 Section 14.5 Employer Pension Obligations …………………………………………………………… 41 Section 14.6 Training and Experience Retention Credit ………………………………………………... 41 ARTICLE 15. SHIFT DIFFERENTIAL 42 Section 15.1 Shift Differential Pay Rate ………………………………………………………………... 42 Section 15.2 Eligibility …………………………………………………………………………………. 42 Section 15.3 Method of Payment ……………………………………………………………………….. 42 ARTICLE 16. UNIFORMS AND ALLOWANCES 42 Section 16.1 Standard Uniform Issuance ………………………………………………………………. 42 Section 16.2 Loss or Damage Reimbursement …………………………………………………………. 46 Section 16.3 Uniform Allowance and Annual Issuance ………………………………………………... 46 Section 16.4 Cleaning for Uniformed Personnel ………………………………………………………... 47 Section 16.5 Plain Clothes Allowances …………………………………………………………………. 47 Section 16.6 Cleaning for Plain Clothes Personnel ……………………………………………………... 48 Section 16.7 Federal Income Tax ………………………………………………………………………... 48 Section 16.8 Termination ………………………………………………………………………………... 48 ARTICLE 17. PROFESSIONAL DEVELOPMENT 48 Section 17.1 College Tuition Reimbursement Program ………………………………………………… 48 Section 17.2 Educational/Training Leave ………………………………………………………………. 49 Section 17.3 Required Training ………………………………………………………………………… 50 Section 17.4 Training for Supervisors ………………………………………………………………….. 50 Section 17.5 Field Training Officers …………………………………………………………………… 50 Section 17.6 Instructor Training ………………………………………………………………………… 50 ARTICLE 18. STANDARD WORKWEEK AND OVERTIME 51 Section 18.1 Definition ………………………………………………………………………………… 51 Section 18.2 Overtime and Overtime Scheduling ……………………………………………………… 52 Section 18.3 Court Time ………………………………………………………………………………… 53  Section 18.4 Change of Assignment ……………………………………………………………………. 53 Section 18.5 K-9 Scheduling ……………………………………………………………………………. 53 Section 18.6 Shift Preparation/Roll Call ………………………………………………………………... 54 Section 18.7 Voluntary Overtime in Correctional Facilities …………………………………………….. 54 ARTICLE 19 HOLIDAYS 55 Section 19.1 Holidays …………………………………………………………………………………... 55 Section 19.2 Holidays Falling on Weekend or Days Off ……………………………………………….. 55 Section 19.3 Holiday Time Off …………………………………………………………………………. 56 Section 19.4 Celebrating Holidays ……………………………………………………………………… 57 Section 19.5 Holiday Pay ……………………………………………………………………………….. 57 ARTICLE 20 INJURY LEAVE 57 Section 20.1 Qualification, Reporting, and Procedures ………………………………………………… 57 Section 20.2 Coordination with Workers' Compensation ……………………………………………… 59 ARTICLE 21. VACATION LEAVE, PERSONAL LEAVE, COMP TIME & MILITARY LEAVE 59 Section 21.1 Vacation Accrual ………………………………………………………………………….. 59 Section 21.2 Vacation Incentive for Non-Use of Sick Leave …………………………………………... 59 Section 21.3 Prior Vacation Credit ……………………………………………………………………… 59 Section 21.4 Scheduling Vacation Leave ……………………………………………………………….. 60 Section 21.5 Vacation Leave Payout ……………………………………………………………………. 60 Section 21.6 Personal Emergency Leave ………………………………………………………………. 60 Section 21.7 Compensatory Time ……………………………………………………………………… 61 Section 21.8 Discretionary Leave Calculation Errors …………………………………………………… 62 Section 21.9 Primary and Secondary Time Off Requests ………………………………………………. 62 Section 21.10 Separation Payout ………………………………………………………………………… 63 Section 21.11 Survivor Benefit ………………………………………………………………………….. 63 Section 21.12 Subpoena Leave ………………………………………………………………………….. 63 Section 21.13 Military Leave ……………………………………………………………………………. 64 ARTICLE 22. SICK LEAVE 64 Section 22.1 Sick Leave Conversion and Entitlement …………………………………………………... 64 Section 22.2 Uses of Sick Leave ………………………………………………………………………... 65 Section 22.3 Sick Leave Mark Off Statements …………………………………………………………. 66 Section 22.4 Bereavement Leave ……………………………………………………………………….. 67 Section 22.5 Immediate Family Defined ………………………………………………………………... 67 Section 22.6 Sick Leave Charge ………………………………………………………………………… 67 Section 22.7 Sick Leave Eligibility ……………………………………………………………………... 68 Section 22.8 Extended Sick Leave ……………………………………………………………………… 68 Section 22.9 Leave Donation Program …………………………………………………………………. 68 ARTICLE 23. FMLA 69 ARTICLE 24. INSURANCE 69 Section 24.1 Health, Hospitalization, Surgical and Major Medical ……………………………………... 69 Section 24.2 Personal Liability Insurance ……………………………………………………………….. 70 Section 24.3 Dental Care Plan …………………………………………………………………………… 70 Section 24.4 Vision Care Plan …………………………………………………………………………… 70  Section 24.5 Life Insurance ……………………………………………………………………………… 71 Section 24.6 Employee Assistance Program …………………………………………………………….. 71 Section 24.7 Safety Clause ………………………………………………………………………………. 73 Section 24.8 Sanctity of Coverage ………………………………………………………………………. 73 Section 24.9 Health and Physical Fitness Incentive Program …………………………………………… 73 ARTICLE 25. PURCHASE OF FIREARM UPON RETIREMENT 76 Section 25.1 Purchase of Firearm Upon Retirement…………………………………………………….. 76 Section 25.2 Primary Service Firearm …………………………………………………………………... 76 Section 25.3 Purchase Price ……………………………………………………………………………... 76 Section 25.4 Conditions …………………………………………………………………………………. 76 ARTICLE 26. DEFINITIONS AND MISCELLANEOUS INFORMATION 77 ARTICLE 27. ADVANCE STEP HIRING 81 ARTICLE 28. DURATION 82 Section 28.1 Duration …………………………………………………………………………………… 82 Section 28.2 In Term Bargaining ……………………………………………………………………….. 82 Section 28.3 Enforceability of Agreement ……………………………………………………………… 83 APPENDIX (SIDE LETTERS, MOUS & MISCELLANEOUS) 1. MOU entered into February 29, 2012 - Auxiliary unit job duties 2. MOU entered into February 10, 2015 - Classification/Updating positions 3. MOU entered into June 30, 2016 - Core Team assignments for Corrections 4. MOU entered August 10, 2018 - Therapy Dogs 5. MOU entered into October 29, 2018 - GPS Data 6. SWAT SOP as of November 25, 2019 7. MOU entered into May 9, 2022 – K9 training 8. MOU entered into May 9, 2022 – K9 assignments 9. MOU entered into September 1, 2022 – Patrol FTO 10. MOU entered into September 1, 2022 – BWC effects 11. MOU entered into October 10, 2022 - Voluntary Death Benefit Contribution Program 12. Side Letter #1 Special Duty Jobs 13. OPERS MOU pending approval for permissibility - August 12, 2008  ARTICLE 1. AGREEMENT Section 1.1 Agreement This Agreement is made and entered into by and between the Franklin County Sheriff's Office (hereinafter referred to as the Employer), and the Fraternal Order of Police, Capital City Lodge No. 9 (hereinafter referred to as the Lodge). Section 1.2 Purpose Clause This Agreement is made for the purpose of promoting cooperation, orderly and constructive relations between the Employer, its employees and the Lodge, and as an indication of the parties' concern in working toward the goal of maintaining the maximum efficiency of the Employer. Section 1.3 Legal References A. Unless otherwise indicated, the terms used in this Agreement shall be interpreted in accordance with the provisions of Chapter 4117 of the Ohio Revised Code. Where this Agreement makes no specification about a matter the Employer, bargaining unit members and the Lodge are subject to all applicable state laws pertaining to the wages, hours, and terms and conditions of employment for bargaining unit members. Laws pertaining to civil rights, affirmative action, unemployment compensation, workers' compensation, and retirement of the bargaining unit members are not superseded by this Agreement. The conduct and grading of examinations, the rating of candidates, the establishment of eligible lists from examinations and the original appointments from the eligible lists are not subjects of bargaining under this Agreement, except as provided in Article 10. B. Should any part of this Agreement be held invalid by operation of law or by any tribunal of competent jurisdiction, or should compliance with or enforcement of any part of this Agreement be restricted by any such tribunal pending a final determination as to its validity, such invalidation or temporary restraint shall not invalidate or affect the remaining portions hereof or the application of such portions to persons or circumstances other than those to whom or to which it has been held invalid or has been restrained. In the event of invalidation of any portion of this agreement by a tribunal of competent jurisdiction, and upon written request by either party, the parties to this Agreement shall meet within fourteen (14) days of receipt of the written request, in an attempt to modify the invalidated provisions by good faith negotiations subject to the statutory dispute resolution procedure provided for in Section 4117.14 of the Ohio Revised Code. Section 1.4 Sanctity of Agreement All current matters within the scope of bargaining have been negotiated and agreed upon; nothing herein alters any of the parties’ obligations under the Ohio Revised Code to meet, confer and/or bargain regarding future matters affecting wages, hours and/or terms and conditions of employment that may arise during the term of this Agreement. Notwithstanding Section 1.5, Past Practice, the terms and conditions set forth in this Agreement and the Appendix attached hereto represent the full and complete understanding of the parties. 1|Page Unless otherwise specifically provided in this Agreement, no changes in this Agreement shall be negotiated or effected during the duration of this Agreement unless there is a written accord in the form of a Memorandum of Understanding or a Side Letter by and between the parties hereto. Any negotiated changes, to be effective and incorporated in this Agreement, must be in writing and signed by the Lodge and the Sheriff or the Sheriff’s designee. A. All changes to this Agreement pursuant to a Memorandum of Understanding or Side Letters shall automatically become part of this Agreement and will continue in force and effect and shall be included by the parties in any such appropriate article(s) in any successor agreement or incorporated by the parties by reference as an appendix to any successor agreement, unless the parties mutually agree to modify or remove the Memorandum of Understanding or Side Letters during negotiations. B. Unless incorporated by reference or included in an appendix to this Agreement, all accords in existence predating this Agreement, including Memoranda of Understanding and Side Letters, are expressly invalid and lack any force or effect. Nothing herein prevents a party from offering such prior Memoranda of Understanding and/or Side Letters for evidentiary purposes. C. Notwithstanding paragraph B, all settlement agreements and last chance agreements pertaining to discipline remain in full force and effect pursuant to the terms of those agreements. Section 1.5 Past Practice Any past practice, other than the use of a vehicle, that has been continuous, known and sanctioned by the Employer, but not contained in this Agreement, shall not be altered until and unless good faith negotiations, subject to the statutory dispute resolution procedure, between the Employer and the Lodge take place, whether or not agreement on the status of the alleged past practice is reached between the Employer and the Lodge. Any dispute regarding an alleged past practice not contained in this Agreement is not subject to the Grievance Procedure contained in this Agreement, except for failure to have good faith negotiations as contained in this Section. Section 1.6 Probationary Employees This Agreement does not negate or limit the provisions of Section 124.27 of the Ohio Revised Code as to probationary employees during their initial probationary period. With respect to the probationary period for members who are promoted to the rank of Lieutenant, the probationary period shall be six (6) months. ARTICLE 2. RECOGNITION Section 2.1 Recognition The Employer recognizes the Lodge as the sole and exclusive representative for all employees included within the bargaining units described in Section 2 of this Article in any and all matters relating to wages, hours and other terms and conditions of employment, and the continuation, modification, or deletion of any existing provisions of any agreement between the parties, and the resolution of questions arising under this Agreement. 2|Page Section 2.2 Bargaining Unit Pursuant to Section 4117.06 of the Ohio Revised Code, there are established two bargaining units within this Agreement. The first bargaining unit consists of all full-time sworn uniformed deputies of the Sheriff's Office who are below the rank of corporal. The second bargaining unit consists of all full-time sworn uniformed deputies of the Sheriff's Office who are of the rank of Corporal and above, except for the position of Sheriff, Chief Deputy, Colonel, and Major. Excluded from inclusion in either bargaining unit are all non-uniformed employees of the Sheriff's Office, which includes fiduciary appointments made by the Sheriff, and directly responsible to him pursuant to Section 124.11(A) (9) of the Ohio Revised Code, and any confidential employees as defined by Section 4117.01(J) of the Ohio Revised Code. Reference throughout this Agreement to bargaining unit members shall mean employees within both bargaining units, unless specified otherwise. ARTICLE 3. LODGE SECURITY Section 3.1 Dues Deduction A. Pursuant to Section 4117.09(B) of the Ohio Revised Code, the Employer agrees to deduct Lodge membership dues in the amount certified by the Lodge to the Employer, the first pay period of each month from the pay of any Lodge member requesting the same in writing. The Employer also agrees to deduct Lodge initiation fees and assessments, in the amount certified by the Lodge to the Employer, the first pay period of each month, in which such fees and assessments are due, from the pay of any appropriate Lodge member. B. All members shall sign a payroll deduction form which shall be furnished by the Lodge and presented to the appropriate payroll clerk. The Employer agrees to furnish the Financial Secretary of the Lodge, once each calendar month, a warrant in the aggregate amount of the deductions made for that calendar month, together with a listing of the members for whom deductions were made. C. The Employer shall provide the Lodge with additional payroll deductions for the purpose of the Lodge providing additional member benefits. No payroll deductions shall be made for these benefits without prior written approval of the member. D. The Employer's obligation to make deductions shall terminate automatically upon a termination of employment or transfer of a member to a job classification outside any Lodge bargaining unit of the Sheriff's Office. E. The Lodge hereby agrees it will indemnify and hold the Employer harmless from any claims, actions or proceedings by any employee arising from the deductions made by the Employer in reliance upon the provisions of this Section. Section 3.2 Fair Share As a consequence of the decision in Janus v. AFSCME, Council 31, et al. (decided June 27, 2018), the Employer and the Lodge have agreed to remove prior provisions pertaining to the payment of fair share fees by non-members; and, the Employer and Lodge agree that fair share fees may no longer be deducted from non-members’ pay. The Employer and the Lodge agree further that, in the event there are changes in the law that permit the collection of fees or other financial support from non-members of the Lodge through payroll deduction, the Lodge and the 3|Page Employer shall enter into good faith negotiations to address and permit the collection of such fees and/or financial support though payroll deduction. Section 3.3 Bulletin Boards The Lodge shall be permitted to construct, install and maintain a Lodge bulletin board in each Bureau and/or Facility in a mutually agreed upon location. Lodge bulletins and Lodge material only will be permitted to be posted on this board. Section 3.4 Ballot Boxes The Lodge shall be permitted, upon prior notification to the Sheriff, to place ballot boxes in any Bureau and/or Facility for the purpose of collecting members' ballots on all Lodge issues subject to ballot. Such ballot boxes shall be the property of the Lodge and neither the ballot boxes nor their contents shall be subject to the Employer's review. Further, the Lodge agrees to guard the ballot boxes and is solely responsible for their security. The Lodge will announce via email the exact locations of the ballot boxes before voting begins. Section 3.5 Bargaining Unit Meetings A. Upon prior approval of the Sheriff, the Lodge shall be permitted to hold meetings for all bargaining unit members at a location obtained by the Employer, providing such location can be obtained at no cost. Prior approval by the Sheriff shall not be unreasonably denied. The lodge shall provide at least seventy-two (72) hours written notice prior to the time of the meeting, except in an emergency situation. Such notice shall contain a request for a suitable location, and the time and date of said meeting. B. The Employer agrees to hold the requested approved location open for use by the Lodge on the date and at the time specified in the Lodge's notification to the Sheriff. However, if it is not practicable for the Employer to provide the requested approved location to the Lodge, the Employer will so notify the Lodge. If an alternate meeting location is available, it shall be provided. Section 3.6 Use of Intra-Office Email The Lodge shall be permitted to use the County email system for the purpose of providing information pertaining to Lodge business or bargaining unit representation to bargaining unit members. The Lodge agrees that the use of the County email system will be reasonable and limited to providing information that is necessary for the normal conduct of Lodge business or bargaining unit representation. All emails sent using the County email system by the Lodge shall be the property of the bargaining unit members to whom it is addressed, and such email shall not be subject to the Employer's review. The Lodge acknowledges and agrees that Lodge emails on the County email system may be subject to disclosure and/or release in accordance with the provisions of the Ohio public records laws, including but not limited to R.C. Section 149.43. Section 3.7 Lodge Business Representatives of the Lodge shall, with prior notice to the Sheriff, be permitted to transact official Lodge business at employer work sites at all reasonable times, provided that this shall 4|Page not interfere with nor interrupt normal Employer operations. A member shall not be required to advise a supervisor of the reason for contacting a representative, but if on duty must request approval of their supervisor to contact the representative. Such approval shall not be unreasonably denied. Section 3.8 Sheriff's Office Roster The Employer shall provide the Lodge, upon request, the seniority list, the continuous service list and/or the Sheriff's Office roster and any lists on file which discloses the following information: Full name, Home address, Date of Hire, Rank and date awarded an assignment/shift. It is understood that the Lodge shall not make such requests any more frequently than at thirty (30) day intervals. The Lodge shall only use the above information for Lodge purposes. Section 3.9 Grievance Liaison Representatives A. The Lodge shall designate not more than twenty-four (24) Grievance Liaison Representatives, who shall be bargaining unit members. The Lodge shall select such representatives taking into consideration the following bargaining unit coverage: a. Grievance Liaison Chairman b. Assistant Grievance Liaison Chairman c. One Deputy from each shift at FCCC I d. One Deputy from each shift at FCCC II e. One Deputy from each shift at the patrol bureau f. One Deputy from the detective bureau g. Two Deputies from court services h. One Deputy from SWAT i. One Deputy from the civil division j. One Deputy from the support services division k. One bargaining unit member at large l. One Sergeant m. One Lieutenant n. One bargaining unit member from the Training Academy o. One Deputy from each shift at FCCC III Upon closure of any FCCC facility, the total number of representatives indicated above shall be reduced accordingly. The Lodge shall notify the Sheriff, in writing, of the names of Grievance Liaison/Representatives within thirty (30) days of their appointment. B. Grievance Liaison Representatives. All grievance representatives shall be allowed to attend one grievance committee meeting biannually (every six (6) months). Each Grievance Liaison/ Representative shall be placed on special assignment for reasonable time necessary to attend each biannual grievance committee meeting, but for not more than eight (8) hours. The Grievance Chairman shall notify the Sheriff and the Chief 5|Page  Deputies of the date and times of any biannual meeting at least fourteen (14) days prior to the meeting date. Section 3.10 Grievance Liaison Chairman and Assistant Chairman A. The parties recognize that the positions of Lodge Grievance Liaison Chairman and Assistant Grievance Chairman are established, both to aid the maintenance of this Agreement and to promote harmonious labor relations. Towards this end, the Grievance Liaison Chairman, and a named Assistant, shall perform the following authorized functions: 1. Serve as an at-large grievance coordinator with responsibility for general supervision and coordination of the grievance process and of grievance representatives; 2. Represent the Lodge in investigating and in processing grievances or in other matters which impact upon this agreement or the Lodge's role as exclusive representative; 3. Replace a grievance representative who is absent or unavailable; 4. Maintain the integrity and timeliness of the grievance procedure by such activities as providing advice and counsel to grievants and/or grievance representatives; 5. Attend, as necessary, joint meetings of the parties relating to employment relations matters and/or grievances. 6. Act as Liaison between the Lodge and the Employer relative to employment relations matters and/or grievances. B. The Grievance Liaison Chairman and the Assistant Grievance Chairman, shall be released from their regular assignment and placed on special assignment to participate in the aforementioned duties on a full time basis except as noted herein. The Chairman and Assistant Chairman shall not be permitted to accrue overtime as a result of their release time to the Lodge. They shall retain their regular assignments. In the event their assignments are in a division other than Corrections, the vacancy created will be transferred to Corrections in order that the vacancy does not create a hardship on the smaller division. When the Chairman or Assistant Chairman concludes their service, their position will be returned to the division of their original assignment for the outgoing Chairman or Assistant Chairman to fill. Notwithstanding any of the foregoing, any work duties or required training performed by the Grievance Chairman or Assistant Grievance Chairman shall be made through their original assignment. C. The FCSO shall provide an FTE for the full-time release of the Grievance Liaison Chairman. Each January, every member shall donate 1.75 hours of vacation time to fund an Assistant Grievance Chair time bank. The Sheriff shall continue to allocate 832 hours per year to the Assistant Grievance Chair time bank. Members who do not have an accumulated vacation leave balance of 1.75 hours in January shall donate the hours upon accumulation. Members may also voluntarily donate accrued leave hours to the bank. These hours shall be used to fund release time, for the performance of the duties of Assistant Grievance Chair. Based upon the amount of hours being utilized by the 6|Page  Assistant Chairman, he may be required to work sixteen (16) hours per month, to be scheduled through his immediate supervision in the division of his regular assignment. Section 3.11 Negotiations Committee A. The Employer agrees to allow not more than eight (8) bargaining unit members, selected by the Lodge, plus the Lodge President or his designee, and the Lodge attorney, to serve on the Lodges' negotiation committee singly representing both the non- supervisory and the supervisory bargaining units. Unless otherwise determined by the Lodge President, the Lodge’s negotiation committee shall be comprised of four (4) members from each of the bargaining units. The Lodge shall notify the Employer of the names and normal shift schedules of the bargaining unit members selected for the negotiation committee prior to the first scheduled negotiation date. B. Negotiation Committee members will be allowed time off, not to exceed an aggregate of one hundred ninety-two (192) hours per member, from their regular assigned duties on special assignment to prepare for negotiations. This time off may not be utilized until six (6) months before the expiration date of the Agreement. C. Provisions shall be made by the Employer so that the Lodge Negotiations Committee members, who would otherwise be on duty during any shift that day, shall be carried on special assignment for eight (8) hours on each day that such members participate in a negotiation session, either at the table or in caucus. However, if the lodge ceases negotiations without the consent of the employer, members shall be required to return to their regular work assignment within two (2) hours. Section 3.12 Delegates Duly elected or selected delegates or alternates to the State or National Conventions of the Fraternal Order of Police who are in bargaining units may be allowed reasonable time off duty to attend such functions. To the extent any such time is during such delegates' scheduled working hours, they shall be marked on special assignment for such attendance. Any Local, State or National Officer of the Fraternal Order of Police in one of the bargaining units shall also, upon prior approval by the Sheriff, be allowed reasonable time to attend any scheduled meetings of committees to which he is assigned, or conventions, and he shall be marked on special assignment for such attendance to the extent any such functions conflict with his scheduled duty hours. Each delegate shall submit an IOC to the Sheriff listing the meetings/workshops attended upon return to work, and signed by the highest Lodge official from the bargaining unit in attendance. Section 3.13 Lodge Official Members of the bargaining unit elected or appointed to a state or national position with the Lodge, or to a position with the Lodge, or to a position on the executive board of the Lodge shall be certified, in writing, to the Employer within thirty (30) days of the election or appointment. Any bargaining unit member elected or appointed to a State or National position with the Lodge, or to a position on the Executive Board of the Lodge shall be permitted sufficient time released from his normal duties and placed on special assignment, upon prior 7|Page notification to his supervisor, to perform the duties of the aforementioned Lodge positions and to attend Lodge general membership meetings and Lodge Executive Board meetings. Section 3.14 Contracting Out All work which is now, and any future work which may be performed by members of the bargaining units shall be performed only by members of the bargaining units in accordance with the provisions of this Agreement. No such work shall be contracted or subcontracted with the exception of the following positions and/or job duties: 1. Communications Center Supervision. a. As a condition of the civilian communications center supervisory positions, the parties agree that the Sheriff will maintain seven (7) bargaining unit patrol supervisor positions of the rank of sergeant or above with the same shift and consecutive days off as the bargaining unit communications center supervisory assignments that were originally vacated in favor of the civilian positions described herein. These patrol supervisory assignments shall be posted and filled in accordance with the posting and bidding process established in Article 9. Should the Sheriff fail to maintain the seven (7) bargaining unit patrol supervisor positions described in this sub-section, the work shall immediately revert to being performed solely by members of the FOP supervisory bargaining unit. As of February 11, 2022, the Communications Center Supervision is completely civilianized and no FOP related jobs are retained. 2. Corrections. a. Duties: visitation, money operations, laundry, recreation, answering telephones, data entry, filing, bookkeeping, typing, logging information, copying, sorting and distributing mail, and other clerical duties in intake/booking, updating/classification, and releasing. b. Positions: In FCCC I — Control Center, Slating, Releasing, Classification, Laundry, Visitation. In FCCC II — North Control Center, South Control Center, North Slating, Releasing, Classification, North Laundry, South Laundry, North Visitation, South Visitation. c. To ensure for the safety and security of the Correctional facilities, at least one sworn FOP bargaining unit member shall always be assigned to each Control Center, and at least one sworn FOP bargaining unit member shall be present in Releasing during the actual release of any inmate(s). No other duties or posts/positions are or will be affected by the FOP’s waiver of Article 3, Section 14. d. The assignment of duties to civilian employees permitted by this sub-section will result in additional funded FTEs to the Sheriff’s Office. The reassignment of said duties, responsibilities and work shall not result in a reduction of the FOP bargaining unit. 8|Page  3. Security Operations Facility Security Specialist, Facility Security Officers, Control Room Technicians, Security Supervisors. a. To the extent that the aforesaid Court Security personnel perform duties that may be considered work which may be performed by members of the FOP bargaining units, the FOP will waive the provisions of Article 3, Section 14 of the CBA, solely for the purpose of permitting such Court Security personnel to continue to perform duties of the same limited nature for the FCSO that they have performed as employees of the County (e.g., staffing security screening equipment and conducting security screening at fixed locations at the entrances to Franklin County Courthouses). This waiver by the FOP does not permit the FCSO to expand the duties of the Court Security personnel beyond those that they presently perform as employees of the County; and, should it be necessary to expand any Court Security personnel duties to include work which may be performed by FOP bargaining unit members, such expanded duties and/or work will be assigned to only FOP bargaining unit members: It is further agreed that the Court Security personnel are specifically excluded from the FOP bargaining units that are defined under Article 2, Section 2 of the CBA. 4. Human Resources EEO position. 5. Property Room supervisor. 6. Patrol Auxiliary Deputies as provided in Memorandum of Understanding dated February 29, 2012 in the Appendix hereto. Section 3.15 Legislation If, during the term of this Agreement, legislation is passed by either congress or the general assembly which would remove from the jurisdiction of the Sheriff any work performed by members of the bargaining units, the parties shall meet to negotiate the effect of such legislation on bargaining unit members. Such negotiations shall be subject to the statutory dispute resolution provisions of Section 4117.14 of the Revised Code. Section 3.16 Release Time Documentation Each bargaining unit member who is authorized release time under this Article, including, the Grievance Chairman, Assistant Grievance Chairman, Lodge Committee members, and Lodge official, shall be required to submit leave requests for absences from their regular duties. Members absent for a period of time that includes a full pay period shall provide a time sheet to the Employer for each pay period, signed and dated, which verifies the total hours the member worked per week performing union duties. ARTICLE 4. NONDISCRIMINATION Section 4.1 Joint Pledge The Employer and the Lodge shall not unlawfully discriminate against any member of the bargaining unit on the basis of the member's age, race, color, sex, religion, ancestry, marital status, national origin, political affiliation, military status, disability, sexual orientation or gender identity. 9|Page Section 4.2 Lodge Pledge The Lodge, within the terms of its Constitution and By-Laws, agrees not to interfere with the desire of any member of the bargaining unit to become and remain a member of the Lodge. The Lodge agrees to fairly represent all members of the bargaining unit subject to the provisions and procedures set forth in Sections 4117.11(B) (6) and 4117.12 of the Ohio Revised Code. Section 4.3 Employer Pledge The Employer agrees not to discriminate against any member of the bargaining unit on the basis of his membership or non-membership in the Lodge, nor to discriminate, interfere with, restrain or coerce any member because of or regarding his activities as an officer or other representative of the Lodge. Section 4.4 Reference to Gender Any reference to the male gender in this Agreement shall be equally applicable to females. ARTICLE 5. GRIEVANCE PROCEDURE Section 5.1 Grievance Defined A grievance shall be defined as any dispute or disagreement among the parties which arises out of the interpretation or application of a provision or provisions of this Agreement. Section 5.2 Qualifications A grievance can be initiated by the Lodge (Lodge grievance) or an aggrieved bargaining unit member (member grievance). Where a group of bargaining unit members desire (2 or more) to file a grievance involving a situation affecting each bargaining unit member in the same manner, the Lodge or the Grievance Chairman shall file a grievance (class action grievance) on behalf of all those affected. It is further agreed that any grievance not presented in writing at the appropriate commencement Step within twenty-one (21) days from the date that the member or group of members or the Lodge first learned of grounds for the grievance shall be barred from further processing. Section 5.3 Jurisdiction Nothing in this Grievance Procedure shall deny bargaining unit members any rights available at law to achieve redress of their legal rights, however, once the grieving party elects as his remedy the State Personnel Board of Review the State Employment Relations Board or other legal action, (and the selected body takes jurisdiction), he is thereafter denied the remedy of the Grievance Procedure provided herein. Section 5.4 Grievance Procedure The following steps are the implementation steps and procedures for handling grievances. A Lodge or class action grievance which affects more than one bureau shall bypass Step Two. 10 | P a g e A. Step One - Preliminary Step 1. A member or group of members believing to have a grievance shall first contact his/their grievance representative or the Grievance Chairman and explain the grounds for which he/they claim to have a grievance. Before a grievance is placed in writing, it shall be screened by the grievance chairman or the appropriate alternate. After screening the grievance the Grievance Chairman or the appropriate alternate shall cause the grievance to be written. All grievances shall be submitted in writing on the prescribed grievance form agreed upon by the parties and shall state, at a minimum, the facts giving rise to the grievance, the section(s) of the agreement that is/are believed to have been violated, the date the grievance is presented, and the specific relief requested by the grievant in order to resolve the grievance. In order for a grievance to receive consideration under this procedure, the grievance must be submitted by email to [email protected]. Human Resources shall forward the grievance to the appropriate Chief Deputy. In addition, the grievant or his representative may attach to the grievance copies of all correspondence or documentation that supports the grievant’s position. B. Step Two - Division Commander 1. A member grievance, or Lodge and/or class action grievances affecting only one bureau shall be submitted in writing by email to [email protected] within the twenty-one (21) day time limit specified in section 5.2. The grievance form and email shall be date- stamped, accurately showing the date the division commander's office received the form. 2. Within ten (10) days of his receipt of the grievance form, the Division Commander shall schedule and conduct a meeting to discuss the grievance with the designated Grievance Representative and the grievant(s). 3. At the conclusion of this oral discussion, and within twenty (20) days of the meeting in this Step, the Division Commander shall affix his written response to the Grievance form, date and sign his response, and return one copy of it to the designated grievance representative. If the grievance is not referred to Step Three of the Procedure within ten (10) days after the designated grievance representative's receipt of the decision rendered in this Step, the grievance shall be considered to be satisfactorily resolved. 4. In the event a grievance is filed from within the division of the Sheriff’s Step 3 designee, the grievance shall be heard by the Major of that division. C. Step Three - Sheriff 1. Should the grieving party not be satisfied with the answer in Step Two, within ten (10) days thereafter, the grievance may be appealed to this Step Three by delivering or having delivered a copy of the grievance form, containing the written responses at the prior Steps and any other pertinent documents, available at that time, to the Sheriff's Office. The Sheriff's Office shall date- stamp the form, accurately showing the date the Sheriff's Office received the form. 11 | P a g e  1.1 Lodge and/or class action grievances affecting more than one bureau shall be submitted in writing by email to [email protected] within the twenty-one (21) day time limit specified in section 5.2. The grievance form and email shall be date-stamped, accurately showing the date the Sheriff's Office received the form. 2. Within ten (10) days of his receipt of the Grievance Form, the Sheriff or his designee (must be of the rank of Chief Deputy reporting directly to the Sheriff) shall schedule and conduct a meeting to discuss the grievance with the Grievance Chairman, the designated grievance representative and the grievant (if a member grievance). 3. Within twenty (20) days of the meeting in this Step, the Sheriff’s designee shall submit to the Sheriff a written response for his review. 4. Within ten (10) days of receiving the designee’s written response, the Sheriff shall submit to the Grievance Chairman and if a member grievance, the grievant, a written response. The Sheriff shall date and sign his response. D. Step Four - Arbitration 1. If the parties are unable to satisfactorily resolve the grievance at Step Three of the Grievance Procedure, it may be appealed to arbitration. Such appeal must be presented to the Sheriff's Office by the Lodge President or his designee in writing within fourteen (14) days from receipt of the Sheriff's final response to the grievance at Step Three of the Grievance Procedure. Should the parties, within fourteen (14) days from the appeal, be unable to agree upon a mutually selected arbitrator, then the Federal Mediation Conciliation Service (FMCS) shall be requested to submit a panel of seven (7) qualified arbitrators from which one shall be selected. Failing to mutually agree upon an arbitrator from this panel within fourteen (14) days, the parties shall strike names alternately with the parties’ right to strike the first name to be determined by a flip of a coin. All decisions reached by the arbitrator shall be final and binding on both parties. 2. Authority of Arbitrator The arbitrator shall afford both parties the opportunity to be heard, to present and examine witnesses, to offer documentary and other evidence and, if requested by either party, to submit post-hearing briefs. It is expressly understood and agreed that the arbitrator shall be without jurisdiction or authority to detract from, alter, add to or otherwise amend in any respect any of the provisions of this Agreement, or any supplements or appendices thereto. If the arbitrator sustains a grievance, he must refer in his award to the provision or provisions of the Agreement which are violated. It is further agreed that no grievance shall be arbitrated together with any other grievance, except by mutual consent of the parties. The question of substantive or procedural arbitrability of a grievance shall be properly before an arbitrator and shall be raised by either party at the beginning of the arbitration hearing. 12 | P a g e 3. Arbitration Costs The costs of any proof produced at the direction of the arbitrator, the fees of the arbitrator and the rent, if any, for the hearing room shall be split equally by the parties. Upon the parties' selection of an arbitrator, under Section (D) (1), above, the parties shall notify the arbitrator in writing of his selection. If a grievance is settled prior to a scheduled arbitration hearing the parties shall be equally responsible for the cancellation fees, if any, of the arbitrator. The expense of any non-employee witnesses shall be borne, if at all, by the party calling them. Additionally, the expenses of any employee of the Employer who is not on scheduled duty shall be borne, if at all, by the party calling them. The fees of a court reporter shall be paid by the party asking for one; however, such fee shall be split equally if both parties desire a reporter or request a copy of the transcript. An employee requested to appear at the arbitration hearing by either party and whose presence is necessary shall attend without necessity of a subpoena, although either party may, if it so chooses, request that a subpoena for the employee be issued by the arbitrator. The Employer shall compensate an employee who is on duty and scheduled to work at the time of the arbitration hearing and whose attendance is necessary and requested by either the Lodge or the Employer at the employee's applicable rate of pay, solely for the period of time it is necessary for him to attend and testify at the hearing. Where practicable, an employee witness shall be placed on call for purposes of his attendance so that the Employer does not necessarily incur increased costs. It is agreed that any request for attendance shall be made in good faith and that the calling of an employee witness shall not unduly interfere with the operation of the Sheriff's Office. 4. Arbitrator's Finding All decisions reached by the arbitrator shall be final and binding. The arbitrator's decision and award will be in writing and will specifically state both the rationale for the decision as well as the finding and holding. Said decision shall be mailed to the Lodge President and the Sheriff, or their designee, within thirty (30) days from the date the record is closed. It is understood that the record is not closed until the parties have submitted post- hearing briefs, where such a request is made. The arbitrator's award and the arbitration proceedings identified in this Article are subject to the relevant provisions of Chapter 2711 of the Ohio Revised Code. 13 | P a g e Section 5.5 Grievance Representatives A Grievance Representative shall be allowed time off from regular duties with pay to investigate, comprise and process any grievance, for attendance at scheduled meetings under the Grievance Procedure and for attendance at internal investigation interviews and hearings. Should a grievance representative attend a meeting under the grievance procedure, an internal investigation interview or a hearing at times other than during the grievance representative's scheduled shift and/or work days, then the grievance representative may adjust his schedule to take time off from his next assigned shift or accrue compensatory time in an amount equal to the time in attendance at such meeting, interview or hearing. The minimum time of adjustment or accrual shall be at least one (1) hour. For grievance meetings, the grievant may adjust his schedule to take time off from his next assigned shift or accrue compensatory time in an amount equal to the time in attendance at such meeting. If said meetings are held outside of the member's duty hours, the adjusted or accrued time shall be for at least one (1) hour. Compensatory time accrued pursuant to this section shall not be subject to the annual payout of compensatory time (i.e. shall not be cashed out on an annual basis) as provided in Section 21.7 of the Collective Bargaining Agreement. Section 5.6 Time Limits It is the Employer's and the Lodge's intention that all time limits in the above Grievance Procedure shall be met. To the end of encouraging thoughtful responses at each Step the grievant and the Employer designated representative may mutually agree, at any Step, to short time extensions for the Employer or grieving party's answer, but any such agreement must be in writing and signed by both parties or confirmed via email. Similarly, any Step in the Grievance Procedure may be skipped on any grievance by mutual consent. In the absence of such mutual extensions, the grievant may, at any Step where a response is not forthcoming within the specified time limits, presume the grievance to have been granted by the Employer in full, and the Employer shall immediately implement the requested remedy. Section 5.7 Representatives in Meetings In each Step of the Grievance Procedure outlined in Section 5.4, certain specific representatives are given approval to attend the meetings therein prescribed. It is expected that, in the usual grievance, these will be the only representatives in attendance at such meetings. However, it is understood by the parties that, in the interest of resolving grievances at the earliest possible Step of the Grievance Procedure, it may be beneficial that other representatives, not specifically designated, be in attendance. Therefore, it is intended that either party may bring in additional representatives to any meeting in the Grievance Procedure, but only upon advance mutual agreement among the parties specifically designated to attend that such additional representative(s) has input which may be beneficial in attempting to bring resolution to the grievance. 14 | P a g e Section 5.8 Grievance Form The Employer and the Lodge shall jointly develop a Grievance Form. Such forms will be supplied by the Lodge. Copies of the completed form, including the action taken, will be distributed as provided in Section 4. Section 5.9 Nondiscrimination No member or official of the Lodge shall be removed, disciplined, harassed or discriminated against because he has filed or pursued a grievance under this procedure. ARTICLE 6. INTERNAL AFFAIRS AND EEO INVESTIGATIONS Section 6.1 Whenever a bargaining unit member is contacted by an Internal Affairs investigator, an Equal Employment Opportunity Officer (EEO) or a Supervisor, who has been requested to contact the member, concerning any Internal Affairs or EEO investigation, that member shall be provided in writing, on a form developed by the Employer, with the nature of the complaint, the date such investigation was approved by the Sheriff or the Sheriff’s designee, and shall be given an opportunity, within a reasonable time period of not less than seventy-two (72) hours, to contact a Lodge Officer for the purpose of obtaining a Lodge representative, or an attorney prior to being interviewed. If requested by the bargaining unit member, the Lodge representative or the attorney shall be allowed to accompany the member during all interview sessions. During an interview session, if the member chooses to obtain an attorney, the interview session shall cease until an attorney is obtained or advice acquired within a reasonable time period of not less than seventy-two (72) hours. The bargaining unit member(s) and the Internal Affairs or the EEO investigator may waive the seventy-two (72) hour time limit. Section 6.2 Prior to any questioning, the bargaining unit member under investigation, shall be advised in writing of the nature and specifications of the alleged complaint, and will be given a brief synopsis of the facts surrounding the investigation. If requested, the Employer shall provide any documents required under O.R.C. Section 149.43 to the member and/or the Lodge representative or attorney prior to the interview. Section 6.3 When a bargaining unit member is to be interviewed as a witness, such interview shall be conducted in accordance with the procedures established herein. Upon request, a member who is being interviewed as a witness shall be given a copy of any citizen complaint or a written summary of any non-citizen complaint prior to any questioning. Section 6.4 Prior to any questioning, a bargaining unit member who is being interviewed shall be advised of his criminal rights and/or administrative rights, whichever are applicable. 15 | P a g e Section 6.5 Any interrogation, questioning or interviewing of a bargaining unit member will be conducted during his working hours. Interrogation sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for attendance to physical necessities. The Interview of a bargaining unit member may be attended and conducted by no more than two (2) internal affairs investigators, unless a greater number is necessary for purposes of training, in which case, the Lodge Grievance Chairperson will be notified twenty-four (24) hours in advance of the anticipated interview in which more than two (2) investigators will be present. Section 6.6 Any interrogation and/or interview, including polygraph examinations, of bargaining unit members shall be tape recorded by the Employer and/or the bargaining unit member at the request of either party. The bargaining unit member and/or his attorney will be afforded the opportunity, upon written notice, directly to the Sheriff or his designee, to listen to and make personal notes to verify the accuracy of a tape made of his interview, subsequent to that interview. If a transcript of the tape is made by the Employer, the bargaining unit member will be provided a copy of such transcript. Section 6.7 Any evidence obtained in the course of an Internal Investigation through the use of administrative pressures shall not be admissible in any subsequent criminal action, E.E.O. hearing or pre-disciplinary hearing However, it is not administrative pressure in an investigation relating to a E.E.O. or a pre-disciplinary hearing or an allegation being investigated to charge a member with insubordination for failing to answer questions or participate in an investigation, but the member must be advised that such conduct may be made the basis for such a charge. Section 6.8 A bargaining unit member shall not be ordered to submit to a polygraph examination unless the complainant against him takes a polygraph examination, and the results of the complainant's polygraph examination support the complaint against the accused member. A member so ordered to submit to a polygraph shall be provided advanced notification of at least seventy- two (72) hours of the date, time and place of such examination. The examiner's interpretive results of the member’s polygraph examination shall only be used to support or rebut other evidence; it shall not be used as basis for disciplinary action. Section 6.9 All provisions of Section 7.14 apply to Internal Affairs and EEO investigations for citizen complaints, including anonymous complaints and complaints received from outside agencies. Section 6.10 After an accused bargaining unit member receives notice that the investigation is complete or to appear before a pre-disciplinary hearing officer, the member and his attorney, when one is involved shall be provided access to and, if requested, copies of transcripts records, written 16 | P a g e statements, video and audio tapes, and results of any polygraph examinations pertinent to the case. Such access will be provided upon written notice by the bargaining unit member or his attorney to the Employer. A request for a continuance for a reasonable amount of time to review the above reference material shall not be unreasonably denied. Section 6.11 Any bargaining unit member who has been under investigation shall be informed, in writing, of the outcome of the case at the conclusion of the investigation. Further, if the investigation exceeds sixty (60) days from the date that the Sheriff or the Sheriff’s designee approves the investigation, a representative of Internal Affairs, shall inform the concerned member in writing that additional time is required to complete the investigation. Thereafter, the concerned member shall receive a status report, outlining the current status of the investigation and the reason requiring additional time for it, every thirty (30) days. Such 30-day status report due dates will be calculated based on the date that the 60-day notification is made. A 30-day status report may be issued up to 7 days in advance of the 30th day without recalculating the due date of the status report. If the 30-day status report is issued 8 days or more in advance of the 30th day, then the next 30-day status report due date will be calculated based on the date the previous 30-day status report was issued. For example: An investigation begins on June 1st. The 60-day notification is made on July 31st. The first 30-day status report is due on August 30th and the status report is issued on that day. The next 30-day status report is due on September 29th, however the investigator will be on vacation on that day. The investigator may issue the 30-day status report on September 27th, before they leave for vacation. Because it was issued less than 7 days in advance of the due date, the next 30-day status report deadline does not need to be recalculated and the next due date remains as October 29th. However, if the investigator issued the status report on September 20th, which is 9 days in advance of the due date, then the status report due date would be recalculated and the next due date would be October 20 th. ARTICLE 7. CORRECTIVE ACTIONS AND RECORDS Section 7.1 Rights Bargaining unit members shall have all rights and privileges under this Article as described in Article 6, Section 10. Section 7.2 Discipline for Cause/Disparate Treatment The purpose of discipline is to correct or modify the behavior of an employee, foster compliance with regulations, enhance operations, and provide for the safety of the public, members, staff, and inmates. No bargaining unit members shall be reduced in pay or position, suspended, removed or reprimanded except for just cause. There shall be no disciplinary reassignments except that a member who is subject to termination for just cause may elect, with the Sheriff's approval, to be reassigned in lieu of termination, to a vacant assignment in his classification which was not bid on or requested by another member. Discipline shall be similar in nature when the offense is of the same nature and severity. The member shall maintain his 17 | P a g e right to the grievance procedure if he contests just cause for such actions. No member shall be subjected to disparate disciplinary treatment, as defined in Article 26. Section 7.3 Pre-Disciplinary Hearings A pre-disciplinary hearing shall be conducted under current law, with one impartial hearing officer. A. A bargaining unit member who is charged, his attorney and/or a FOP representative, may make a written request for a continuance. Such request shall be granted where practical and reasonable. The length of such continuance shall be mutually agreed upon. Except under unusual circumstances, only one continuance shall be granted, not to exceed ten (10) calendar days. B. Prior to a pre-disciplinary hearing, the charged member shall receive from the Employer a written statement of all charges and specifications. At pre-disciplinary hearings, the charged member shall be allowed representation by a Lodge representative and/or attorney, and allowed to call witnesses material to the member's defense. Either party may tape record the hearing. Attendance at pre-disciplinary hearings is not required. As such, a member is not eligible for overtime or comp time for attending a pre- disciplinary hearing. C. The Sheriff or Acting Sheriff will notify the affected bargaining unit member of any charges or of any decision reached as a result of a pre-disciplinary hearing prior to any public statement or release. D. Any pre-disciplinary hearing shall be conducted in conformity and in accordance with the procedures outlined in this Article and Section 10 of Article 6 (Internal Investigations), with the attendant procedural rights to bargaining unit members outlined therein. Section 7.4 Actions of Record If at any time a supervisor has a reasonable belief that disciplinary action of record (documented oral reprimand, written reprimand, suspension, reduction, disciplinary reassignment or removal) will result from an action or omission on the part of a member, and issues a member a Record of Counseling Form, the member shall be advised in writing that such a disciplinary result is possible prior to any inquiry by the Employer. Any members so advised of possible disciplinary action shall be given a copy of the Record of Counseling Form and given a reasonable opportunity to contact a lodge representative and to have the representative accompany the member during any interview session. Nothing herein shall preclude the Division Commander from issuing disciplinary action based upon a review of reports submitted in the normal course of business. A. The Sheriff will not accept disciplinary matters for actions of officers that are in excess of thirty (30) working days old. It is the responsibility of the Division Commander to handle all matters of this nature brought to their attention within thirty (30) working days and to see that subordinates and they themselves expedite handling all paperwork dealing with discipline in the same time frame. 18 | P a g e B. If disciplinary action or inquiry is pending against a member, the Sheriff, his designee or Division commander, must impose the discipline or advise the member of the results of the investigation within thirty (30) days of their receipt of the disciplinary packet. Section 7.5 Progressive Action The principles of progressive disciplinary action will be followed with respect to offenses of misconduct. The progressive action will at least include a documented oral reprimand, a written reprimand, and suspension for the same or related offenses, prior to termination, except in cases for serious misconduct which require a more severe penalty to be imposed than that called for herein. For purposes of progressive discipline, suspension shall include, but not be limited to, the reduction of a member's accrued vacation leave or compensatory time. Loss of seven (7), eight (8), nine (9) or ten (10) hours, whichever applies to the affected member, of accrued vacation leave or compensatory time shall be the equivalent of a one (1) day suspension. The reduction of accrued vacation hours or compensatory time, in lieu of a loss of work hours, shall constitute a suspension for the purpose of considering prior disciplinary action. This provision only applies for suspensions of up to and including fourteen (14) days. Only accrued vacation leave or compensatory time can be used in lieu of suspension. Determination of whether a member's suspension is to be accomplished through loss of work hours or loss of accrued vacation leave or compensatory time shall be by mutual agreement between the Sheriff and the affected member. Section 7.6 Documented Oral/Written Reprimands A supervisor, prior to requesting that a member receive a documented oral reprimand or a written reprimand, shall meet with the affected member. He shall review the circumstances and facts of an alleged misconduct, explaining what work rules or regulations were violated and how, and explain the conduct which would have been proper. He shall afford the member the opportunity to discuss this matter with the supervisor and to state any reasons that he may have in mitigation of his misconduct. After such discussion, if the supervisor still chooses to request a documented oral or written reprimand, a written report describing the misconduct shall be forwarded by the supervisor to the member's Division Commander. The report shall request that either a documented oral or written reprimand, whichever is appropriate, be issued to the member. The member, if he chooses to do so, may submit a report of his own to the Division Commander. The Division Commander, if he concurs with the supervisor's recommendation, shall issue the requested reprimand to the member and submit a copy to the Sheriff. Reprimands shall be maintained in the member's personnel file. Section 7.7 Duration of Records All actions of record (documented oral reprimands, written reprimands, suspensions, reduction, disciplinary reassignment or removal), will be maintained in each bargaining unit member's personnel file throughout his period of employment, except as follows: A. In any case which an action of record is disaffirmed by the State Personnel Board of Review, State Employment Relations Board, arbitration, by a court of competent 19 | P a g e  jurisdiction, or resolved through the grievance procedure, then such action of record shall be removed from the member's personnel file. B. Unsubstantiated or unproven allegations or complaints of misconduct made against a member shall not be considered in future action or considerations, and shall be marked as unfounded and placed in the limited access file. C. Documented oral reprimands shall not be used for any purpose, except where the employer is defending an EEO claim that has been made by a member, a former member or applicant against the employer if six (6) months have passed since the date of the incident for which such reprimand was issued, provided the member has no further related disciplinary action. D. Written reprimands shall not be used for any purpose, except where the employer is defending an EEO claim that has been made by a member, a former member or applicant against the employer if one (1) year has passed since the date of the incident for which such reprimand was given without further related disciplinary action. E. Suspensions of fifteen (15) days or less and disciplinary reassignments shall not be used for any purpose, except where the employer is defending an EEO claim that has been made by a member, a former member or applicant against the employer if two (2) years have passed since the date of the incident for which such suspension was given, provided that the member has had no further related disciplinary action during this period. F. Suspensions for periods of time greater than fifteen (15) days shall not be used for any purpose, except where the employer is defending an EEO claim that has been made by a member, a former member or an applicant against the employer if three (3) years have passed since the date of the incident provided that the member has had no additional, similar disciplinary action during the period. G. Upon written request from the concerned member, the Employer shall remove any such reprimand or record of suspension from the Employer files (including Personnel Client) after the respective validity period. Records removed from personnel files pursuant to this provision shall be maintained in a limited access file utilized only for administrative purposes or as requested pursuant to statutory requirements. H. The time period for consideration of disciplinary records for the purpose of Section 7.7 is to be extended by the amount of time that an employee is on leave without pay, absent without leave, on disability leave and/or on disability retirement, if any. Section 7.8 Performance Evaluations A bargaining unit member's signature on any inspection card or performance evaluation, if any, shall be viewed by the parties hereto only as a representation that he has read it; it shall not be viewed as a representation that he concurred in any or all of the contents or comments thereon. The bargaining unit member shall be the last person to sign an evaluation and no evaluation comments may be made on record copies thereafter. The bargaining unit member shall receive a copy of the evaluation in its final form. 20 | P a g e Section 7.9 Review of Personnel Files Employees shall have the right to inspect the contents of their personnel files during normal business hours, Monday through Friday. Any member may copy the documents in his file. A. An employee's personnel file shall only be available to the employer or its agents unless made available to others pursuant to court order or subpoena or the Ohio Public Records Law. Any person who inspects an employee’s file pursuant to this Article shall be requested to sign a log indicating the date on which the file was reviewed. The Personnel Office shall notify the member that a request has been made to view or to make available their personnel file. Such notice will include the name of the person, when available, or court making the request. B. The Human Resources Office shall maintain one general access personnel file for each member. Section 7.10 Personnel Client 1. Only accurate information contained in the summary relating to disciplinary actions of record (documented oral reprimands, written reprimands, suspensions, reductions in pay or position, disciplinary reassignments, and removals) may be maintained in Personnel Client. 2. A member submitting a request for removal of stale or “timed-out” discipline under Section 7.7 (Duration of Records), shall also have all information regarding the stale discipline purged from the member’s Personnel Client Profile Page (PCPP). 3. The summary of the incident resulting in the discipline in a member’s PCPP shall not contain personal identifying information of the member or any other member involved in the incident. All personal identifying information shall be removed by the Human Resources Director or Assistant Human Resources Director. 4. Any report generated by Personnel Client for comparable discipline purposes shall not contain any personal identifying information of the disciplined member and/or any other member involved in the incident that resulted in the discipline. 5. Discipline that is removed, reduced or otherwise modified by grievance, arbitrator’s finding, settlement or other final resolution shall be modified accordingly in the member’s PCPP. 6. The Human Resources Director shall be responsible for the removal or modification of discipline pursuant to paragraphs 2 and 5. 7. In response to a public records request that specifically requests information contained in Personnel Client, the requested information will be provided with the appropriate redactions in compliance with federal, state or local law. The Human Resource Office shall notify a member who is the subject of a public records request that the request was made. 21 | P a g e  8. FOP bargaining unit members shall have the right to inspect the contents of their PCPP during normal business hours, Monday through Friday. FOP representatives also shall have the right to inspect the contents of any bargaining unit member’s PCPP and/or the contents of the Personnel Client generally. Section 7.11 Inaccurate Documents If, upon examining his personnel file, any bargaining unit member has reason to believe that there are inaccuracies in documents contained therein, the member may write a memorandum to the Sheriff explaining the alleged inaccuracy. The Sheriff shall either remove the faulty document if the member's complaint is substantiated or attach the member's memorandum to the document in the file. Section 7.12 Work Rules The Employer agrees that, to the extent practicable, work rules, namely orders or directives issued by the Sheriff or a Bureau or Division Commander that affect the manner in which day- to-day operations are conducted, shall be reduced to writing and provided to all covered members via email or other electronic means in advance of their enforcement. If the rule, order, or directive impacts an administrative regulation and/or an SOP, such regulation or SOP will be revised and provided to all covered members via email or other electronic means. Any rule, order or directive that does not impact a regulation and/or an SOP shall be maintained by the applicable Division electronically in a manner accessible to all members for review. If any work rule conflicts with the provisions of this Agreement, this Agreement shall be solely applicable, and the work rule shall have no force and effect. Any charge by a bargaining unit member that a work rule or General Order is in violation of this Agreement, or has not been applied or interpreted uniformly to all members, shall be a proper subject for a grievance. The Employer will provide the Grievance Chairman copies of any revised or new work rules which have been reduced to writing in accordance with this Section. Section 7.13 Interoffice Correspondence All interoffice correspondence (IOC) shall be forwarded through the chain-of-command to the individual addressed. Each Supervisor in the chain-of-command shall explain on the IOC what action was taken. When a member specifically requests on the IOC that a copy be returned to the member, then, immediately after reaching the addressee, a copy of the IOC with all supervisory comments shall be returned to the member within thirty (30) working days from the date the IOC was submitted by the member. Section 7.14 Citizen Complaints A. Citizen complaints and complaints from other agencies directed toward bargaining unit members shall be immediately referred to the member's supervisor for investigation or disposition as specified in this Article. If that supervisor is involved or named in the complaint, then the complaint shall be referred to another supervisor. A standard form will be used to record such complaints and all complaints will be reduced to writing. The form shall contain a section that sets forth the language of the Ohio Revised Code Section 2921.15. 22 | P a g e  B. When an anonymous complaint is made against a member and there is no independent corroborating evidence, the complaint shall be classified as unfounded and the accused member shall not be required to submit a written response. C. In order for a citizen complaint (including an anonymous complaint or complaint from another agency) to be investigated, the complaint must be received by the Sheriff’s Office within ninety (90) days after the date of the alleged event giving rise to the complaint or the date it should have been known to the complainant, whichever is later. The following are exceptions to the ninety (90) day time limits and may be investigated: a. Allegations of conduct that are criminal on their face. b. Allegations of conduct that could reasonably lead to criminal prosecution. c. Where a complaint alleges non-criminal conduct that is the same or similar to conduct that has resulted in the termination of a non-probationary member after January 1, 2013 where the termination has not been overturned by an arbitrator or the State Personnel Board of Review. Where a complaint does not meet these requirements for purposes of conducting an investigation, the complaint shall be classified as not investigated, and the accused member shall not be required to respond, but the member shall be notified orally or in writing of the complaint. ARTICLE 8. SENIORITY RIGHTS, LAYOFFS, AND RECALL Section 8.1 Lay Off/Job Abolishment No layoff or job abolishment shall be effected except as necessitated by lack of work, lack of funds, or reorganization for purposes of efficiency. The Employer shall have the authority to determine which classification of the Sheriff's Office shall be affected by a layoff. The least senior non-supervisory bargaining unit member in length of seniority shall be first laid off, and any layoff thereafter shall be by inverse seniority. When a position in the supervisor bargaining unit is abolished, the incumbent shall be permitted to bump the least senior member in his rank, using Sheriff's Office seniority to determine seniority and this process of bumping shall continue in succession in any lower classification until the least senior non-supervisory bargaining unit member in length of Sheriff's Office seniority has been reached, who shall be laid off. A member shall be permitted to bump within the classification from which the member is laid off or within the classification series from which the member was laid off. The member may not bump members in a classification/classification series if the member does not meet the minimum qualifications of the classification. Section 8.2 Recall Should a position once abolished be recreated or reestablished within three (3) years from the date of abolishment or layoff, or should a vacancy of the same classification occur within three (3) years from the date of the abolishment of the position or layoff, the most senior full-time member in point of Sheriff's Office seniority of those laid off in the same classification shall first be entitled to the position. If any laid off member enters into active service of the armed forces, the period such members serves therein shall not be considered in the determination of the three (3) years stipulated as a maximum time within which reinstatement shall be made; 23 | P a g e such three (3) year period shall be computed exclusive of the time the member spent in the armed services. Section 8.3 Classification These are the classifications to be used in layoffs and job abolishments: Deputy (POTC & NON-POTC) Sergeant (POTC & NON-POTC) Lieutenant (POTC & NON-POTC) Captain ARTICLE 9. ASSIGNMENTS AND TRANSFERS Section 9.1 Assignments A. Every bargaining unit member shall be given a regular assignment which includes a regularly assigned shift, regularly assigned facility for members in Corrections, regularly assigned consecutive days off and regularly assigned job duties. Assignment of days off within a shift shall be offered on the basis of seniority. W