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(a) Appointment and Term. There are hereby created the positions of nine full-time Clerks in the Safety Department. Such Clerks shall be appointed by the Director of Public Safety in such complements to satisfy the requirements of the Department.
(Ord. 7721-1992. Passed 6-3-92.)
(b) Duties. Clerks in the Safety Department shall perform those duties and responsibilities required to operate the Dispatch/Records Center, and other duties and responsibilities as prescribed by the Chief of Police.
(Ord. 8956-2002. Passed 11-19-02.)
(c) Compensation. The compensation for the Clerks in the Safety Department shall be fixed by Council.
(Ord. 7054-1987. Passed 8-18-87.)
(a) Establishment. There is hereby created the positions of Part-Time Clerks in the Safety Department, effective as of October 1, 2014.
(b) Duties. Part-Time Clerks in the Safety Department shall perform those duties and responsibilities required to operate the Dispatch/Records Center, and other duties and responsibilities as prescribed by the Chief of Police.
(c) Compensation. The Part-Time Clerks in the Safety Department shall be hired as part-time employees and shall be compensated as determined from time to time by City Council Ordinance.
(Ord. 9945-2014. Passed 11-5-14.)
(a) Appointment and Term. There is hereby created the position of Secretary to the Safety Director who shall be appointed by the Director of Public Safety. Such appointment shall be for such period of time and under such conditions as shall be determined by the Director at the time of the appointment and shall be subject to termination by the Director at any time.
(b) Duties. The Secretary to the Safety Director shall perform such duties as the Director of Public Safety shall prescribe.
(c) Compensation. Compensation of the Secretary to the Safety Director shall be fixed by Council.
(Ord. 4810-1975. Passed 6-17-75.)
(a) Establishment. There is hereby established a Board of Review for the purpose of reviewing claims of safety force members for injuries sustained during high risk duty as defined by Section 139.12.
(b) Members. The Board of Review shall consist of five residents of the City, to be appointed by the Mayor with concurrence of a majority of the members of Council.
(c) Duties. The duties of the Board shall be:
(1) Review claim. The Board shall decide if the claim submitted by the injured party is within the confines of Section 139.12, basing their decision of the facts presented to them and recommendations of the Safety Director.
(Ord. 6088-1982. Passed 2-2-82.)
(2) Determine disability time. If the claim is accepted by the Board, the Board shall determine the length of time that disability compensation shall be granted. In no case shall disability be more than one year; provided, however, a claimant who has been granted one year disability may appeal to the Board and be granted added disability compensation not to exceed sixty days. Tie Board is the only entity authorized to grant the full pay compensation and its decision shall be final.
(Ord. 8044-1995. Passed 4-4-95.)
(d) Term of Office. The term of appointed members shall be five years each, except that members first appointed shall be appointed one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years. The terms of the members of the present High Risk Board of Review-Safety Forces shall terminate December 31, 1983.
(e) Vacancy. The Mayor shall appoint to fill an unexpired term.
(Ord. 6088-1982. Passed 2-2-82.)
(f) Compensation. Compensation for members of the Safety Forces High Risk Board shall be fixed by Council.
(Ord. 8885-2002. Passed 4-2-02.)
(a) Each full-time regular member of the Police Department and each full-time regular member of the Fire Department who suffers a serious bodily injury as a result of involvement in a high risk situation during such time as the member, if lawfully carrying out the assigned duties of his position, shall, in accordance with the provisions hereof, be paid his regular rate of pay as injury compensation and be allowed injury leave during any period of disability resulting from such injury, commencing with the member's first scheduled shift following his usage of 120 hours of his accumulated sick leave credit, but containing in no case not more than 2080 working hours for the Police Department or 2808 working hours in the case of the Fire Department for any one such injury or recurrence thereof.
(b) After 120 hours of accumulated sick leave credit has been used, payments made pursuant hereto shall not be charged to the member's accumulated sick leave credit, and any charges to the member's accumulated sick leave credit over and above 120 hours which are made pending the eventual allowance of an application for compensation hereunder and injury leave or the extension of the same shall be recredited to the member's account upon such allowance. If the member's disability extends beyond 2080 hours for the Police Department or 2808 working hours in the case of the Fire Department, the member shall then immediately become subject to regular sick leave provisions for the duration of his disability or until the expiration of his accumulated sick leave credit, whichever first occurs. During such time as a member is receiving injury compensation pursuant hereto, such member shall not accumulate additional sick leave credits.
(c) As used herein, "disability" means actual confinement to a hospital and/or such complete physical incapacity to a member of the Police or Fire Department that he cannot perform effectively any duty of his Department as a result of a serious injury sustained in a high risk situation. As to members of the Fire Department only, disability resulting from the contacting of a contagious disease or resulting from the inhalation of smoke or toxic fumes in situations specified in subsections (f)(2)E. and (f)(2)F. hereof shall be deemed to have resulted from a serious injury, and a period of medically ordered quarantine for exposure to a contagious disease to which the member was exposed in situations specified in subsection (f)(2)E. shall also be deemed a period of disability resulting from serious injury incurred in a high risk situation.
(d) Compensation to members of the Police or Fire Departments may be made pursuant hereto only for serious injuries which meet all of the following; conditions and standards
(1) The injury shall result in a period of disability in excess of 120 working hours.
(2) The injury shall be one from which there is a medical probability of recovery and eventual return to full duty.
(3) The injury shall result from the exposure of a member to a high risk situation to which other employees of the City are not subject in the performance of their duties.
(4) The injury shall have occurred while a member was lawfully performing his duties in accordance with the rules and regulations of his Department.
(5) The injury shall not have occurred while the member was violating, or result from a violation of, any rule or regulation of member's Department.
(6) The injury shall not have resulted from, nor be substantially contributed to by, the member's obvious carelessness or gross negligence, and shall not be self-inflicted.
(7) The injury shall have been reported and/or logged upon the member's Department's records before the end of the shift during which the injury causing event occurred if reasonably possible, but in no event later than twenty-four hours after the injury causing event occurred.
(e) No member of the Police or Fire Departments shall be compensated pursuant hereto for an injury, regardless of severity, which is sustained in a normal or routine duty situation. Specifically, but not by limitation, injuries incurred in motor vehicle accidents occurring on routine patrols, during nonemergency police and fire call responses, or returning in a nonemergency mode from an emergency call or fire shall not be deemed to have been sustained in a high risk situation. Also, not by way of limitation, injuries sustained while on routine duty or patrol, whether in a vehicle or on foot, including all injuries sustained while performing normal duties on or in the City's buildings and parking lots, shall not be deemed to have been sustained in a high risk situation.
(f) As used herein, "high risk situations" are:
(1) As to members of the Police Department:
A. Responding with red light and siren to an emergency or felony call.
B. Responding without red light and/or siren to a robbery, burglary or felony call in accordance with the rules and regulations of the Police Department.
C. Hot pursuit of a vehicle.
D. Controlling a domestic argument situation, a disturbance or a riot.
E. Directing vehicular traffic on foot during the course of which the member of the Department is struck by a motor vehicle.
F. Foot pursuit of a suspect.
G. All situations which actually result in injury to a member of the Police Department caused by gun shot or stabbing.
H. Making a lawful arrest or incarceration.
(2) As to members of the Fire Department:
A. Responding with red light and siren to an emergency call.
B. Taking part in any Department training exercise.
C. Engaging in any act actually and directly connected with the actual combatting of a fire or other emergency situation.
D. Engaging in activity related to a disturbance or riot encountered while on duty.
E. Being exposed while on duty and in accordance with the rules and regulations of the Department to patients or victims with contagious diseases.
F. All situations which actually result in a period of disability due to the inhalation of smoke or toxic fumes while on duty.
(g) Any member of the Police or Fire Departments who, while off duty, lawfully and in accordance with the rules and regulations of his Department, participates in or becomes involved in a high risk situation specified with respect to his Department in subsection (f) hereof and sustains a serious injury otherwise compensable hereunder shall be entitled to compensation hereunder.
(h) Compensation hereunder to a member of the Police or Fire Departments shall terminate upon the member's becoming eligible to receive disability benefits from the Ohio Police and Firemen's Disability Fund or upon the death of the member. Compensation hereunder to a member of the Police or Fire Departments shall be reduced by the amounts of any Worker's Compensation disability benefits payable to the member and/or by the amount of compensation paid by any private employer of the member, whether directly or through insurance, excluding insurance payments derived from premiums fully paid by the member.
(i) It shall be the obligation of a disabled member of the=Police or Fire Departments to receive necessary medical treatment; to return to active duty status at the earliest time permitted by competent medical opinion; and to submit from time to time as determined by the Director of Public Safety to examination by the City doctor or, if such office is vacant, by a physician designated by the Director. Failure of a member to comply with such requirement shall terminate his compensation hereunder.
(j) The eligibility of a member of the Police or Fire Departments for compensation hereunder and injury leave shall be determined by the Safety Forces High Risk Review Board.
(1) In order for a member of the Police or Fire Departments to qualify for compensation hereunder and for injury leave, he or his designated representative shall file with the Director of Public Safety a written application for such compensation and leave within thirty days after the injury causing event occurred. Such application shall describe the nature of the injury, the circumstances in which it was sustained showing conclusively that such injury was sustained in a high risk situation of the member's Department and the names and addresses of witnesses present at the time of the injury. The member shall also submit with the application a copy of his Department's reports and records reflecting the injury causing event, a statement from his attending physician describing the injury and the member's period of disability and probable recovery, and a similar report from the City doctor or, if such office is vacant, from a physician designated by the Director.
(2) Within ten days from the receipt by the Director of the application, the. Board shall schedule a hearing thereon and shall notify in writing the member or his designated representative who filed the application of the time and place of the hearing, which notice shall be either mailed five days before the hearing date to the address shown in the application of the member or his designated representative, or delivered to the member or his representative, or the member's residence or the representative's residence three days before the hearing date.
(3) At the hearing and any continuation thereof, the Board shall consider and review the application, the nature and extent of the injury, the reports and documents submitted therewith, such other reports and documents of the member's Department and medical records and reports as the Board may deem appropriate, and shall hear statements under oath of the member and such other witnesses as may come before the Board. Within three days after the conclusion of the hearing and any continuation thereof, the Board shall announce in writing its decision either denying the application or granting compensation hereunder and injury leave for a period not to exceed 1040 working hours for the Police Department or 1404 working hours in the case of the Fire Department specified by the Board.
(4) If the Board grants to the member injury leave for any period and if the disability of the member does not terminate within such period, not earlier than fifteen calendar days prior to the projected termination of the previously granted injury leave nor more than fifteen calendar days subsequent to such termination, the member may apply to the Board for an extension of injury leave, upon the same procedure as is applicable to original applications for compensation hereunder and injury leave. If an extension is so granted, additional extensions may be similarly applied for, provided, however, in no event shall the total period of compensation hereunder and injury leave exceed 2080 working hours for the Police Department or 2808 working hours in the case of the Fire Department.
(5) If the Board denies a member's application for compensation hereunder and injury leave, or if the Board denies any application for an extension thereof, within ten days thereafter the member may in writing request a rehearing, which request shall be filed with the Director and which shall be scheduled by the Board for hearing within ten days from the filing of the reqic,-ist. Upon the expiration of ten days from the announcement of the Board's decision on rehearing, or upon the expiration of ten days from the announcement of the Board's original decision if no rehearing is requested, the decision of the Board shall be final.
(k) Falsification of any document, statement, Department report or physician's statement presented in connection with any application for or continuation of compensation hereunder and injury leave, or any member of the Police or Fire Departments who makes or uses any such document, statement, Department report or physician's statement with knowledge of its falsity shall be grounds for disciplinary action, including dismissal.
(Ord. 5201-1977. Passed 6-21-77.)
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