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When a vacancy or new assignment occurs, it shall be posted in all Bureaus to allow all Command Officers an opportunity to submit a request for assignment to the vacancy or position prior to the determination of the appointee. Resumes shall be kept on file by the Personnel Section and may be updated by Command Officers at any time. It shall be the responsibility of each Command Officer to update his resume. The resume that is on file in the Personnel Section will be utilized for all requests for assignment or training. Command Officers will not be required to submit a new resume with each new request for assignment or training.
Whenever possible, the Toledo Police Command Officers' Association shall be notified at least three (3) days in advance of any announcement, posting or listing for any opening, assignment or vacancy. In addition, said announcement for posting, listing, opening, assignment or vacancy will be read at roll calls for three (3) consecutive days and will remain posted for four (4) additional days.
Seminars, training courses, programs and schools shall be posted in all Bureaus, and interested Command Officers will be considered for attendance. The Chief of Police may, however, limit the selection of attendees to a particular Command Officer or Command Officers because of their assignment, specialized needs or required qualifications or pre-qualifications.
If a Command Officer wishes to attend a posted seminar, training course, program or school on his own time, at his own expense, the Chief will authorize his attendance.
Whenever possible, the Toledo Police Command Officers' Association shall be notified at least three (3) days in advance of any seminar, training course, program or school that the Department plans to send a member of the Association.
Whenever a lieutenant or sergeant is reassigned from a present position he shall be afforded the right to a meeting with the Chief and representation by the bargaining agent within three (3) work days from the date that the Command Officer has been made aware of the assignment. The Chief will give his reasons for the assignment. If the reason is not acceptable to the Command Officer involved, he shall have the right to appeal the reassignment to the Reassignment Review Panel within three (3) work days. The Reassignment Panel will only hear appeals of Command Officers who have been reassigned. The decision of the Reassignment Panel shall be final and binding.
The Reassignment Review Panel shall consist of three (3) members: (1) The Assistant Chief of Police or his designee, (2) the President of the T.P.C.O.A. or his designee, (3) a third party to be agreed upon by the City and the T.P.C.O.A. The panel shall consider written documentation from the Command Officer who is being considered for reassignment and from the Chief of Police. There shall be no ex parte contact with members of the Reassignment Panel before the hearing is held by either party. When an appeal has been made to the Reassignment Review Panel a hearing shall be held by the panel within five (5) work days. The panel will inform the Command Officer and the Chief of their decision within two (2) work days after the hearing. Time limits may only be extended by mutual agreement of the City and the T.P.C.O.A.
When it is determined by the Chief that it is necessary to reduce the command level of any section, the Command Officer with the least seniority in the affected rank shall be reassigned.
When a vacancy occurs to which no Command Officer requests assignment, then the Chief shall assign the Command Officer of the appropriate rank with the least seniority to the position.
In Field Operations, the Police Department shall maintain a minimum of two (2) Lieutenants on the 6 x 2, 2 x 10, and the 10 x 6 shifts at all times unless the Police Department opens a third district station whereupon the Police Department shall maintain a minimum of three (3) Lieutenants on a 24-hour seven (7) day a week basis.
The Police Department shall maintain a minimum of four (4) sergeants on the 6 x 2 shift and five (5) sergeants on the 2 x 10, and the 10 x 6 shifts citywide at all times.
Except as noted in this section, the Chief of Police or the Deputy Chief in charge of the affected District Station, Division, Section or Unit shall determine when acting time is necessary.
In all circumstances where recall is necessary, the recall shall be awarded to the rank where the vacancy exists. For example, if a vacancy exists at the lieutenant’s rank and making an acting lieutenant would cause recall to be utilized at the sergeant’s rank, then the recall shall be given to the lieutenant’s rank.
For the purposes of training, acting time shall be paid when the Command Officer is scheduled to be absent for the entire shift.
Acting time shall be paid for the actual number of hours worked. When a Command Officer is in an acting capacity, he shall receive the rate of pay entitled to that rank in which he is acting, commensurate with his years of service. When a Command Officer is in an acting capacity on a holiday, he shall be paid at the holiday rate of pay entitled to that rank in which he is acting.
The Sergeant permanently assigned to the Section or Unit where acting time is necessary and who stands highest on the promotional list for the rank of Lieutenant, shall be given the acting time. In the event that no list exists, or there is no permanently assigned Sergeant on the promotional list, then the permanently assigned Sergeant in the Section or Unit who has the greatest seniority in rank shall be given the acting time.
For the rank of Captain, acting time will be afforded to the Lieutenant permanently assigned to the affected Section who has finished highest in the in-house selection procedure of the non- competitive promotional examination. In the event there is no such Lieutenant permanently assigned, then the permanently assigned Lieutenant who has the greatest seniority in rank shall be afforded the acting time.
Other than Field Operations, a Command Officer who has been assigned to a District Station, Division, Section or Unit for less than thirty (30) days within the last two (2) years of assignment, may not be eligible to serve in an acting capacity. Eligibility for acting time in such instances shall be determined by the Deputy Chief in charge of the affected District Station, Division, Section, or Unit.
A personal leave of absence at the request of the Command Officer may be granted upon the approval of the City in accordance with the rules established herein. An approved leave of absence will be required when the Command Officer will be absent on his own accord for more than five (5) work days.
Any request for excused absence for a period of five (5) work days or less may be granted by the Chief of Police without the necessity of preparing formal leave papers. Requests for leave of absence shall be in writing, in duplicate, and shall be signed by the Command Officer stating the reason for said leave. Leaves approved by the Chief of Police shall be approved by the City. One (1) copy shall be retained by the Command Officer and one (1) copy by the City Personnel Department.
A leave of absence may be granted for up to thirty (30) calendar days in any calendar year without loss of position by the employee. When an employee returns from an approved leave of absence he shall return to the position in the service from which the leave was granted.
A leave of absence for more than thirty (30) calendar days may be granted, but the employee granted the leave of absence for more than thirty (30) calendar days shall not be entitled to be returned to the position in the same class or in a class at the same salary group provided a vacancy exists, except in the case of a leave of absence for the purpose of securing a job related educational experience, in which case the employee shall be returned to the Department from which the leave was granted. The exceptions to this provision are as follows: the employee who is on an industrial injury leave and in the City program using the program physician will be entitled to return to work in his classification; and the employee who is on a leave pursuant to the Family and Medical Leave Act of 1993 will be entitled to return as provided therein. If an employee elects to go on workers' compensation pursuant to Section 2109.59, the City may fill that position after thirty (30) calendar days.
It is the parties express intent that this chapter of the code shall not be applied or interpreted in such a manner as to cause or constitute a violation of any law, specifically including PL-103-3 known as the Family and Medical Leave Act of 1993. Any remedy for violation of this act shall be set forth in the act.
In no case shall a leave of absence be granted for a period of more than one (1) year, except as otherwise provided herein.
An employee on an approved leave of absence shall continue to accumulate seniority during the period of his absence. An employee on an approved leave of absence of thirty (30) calendar days in any calendar year or less shall have his hospitalization and surgical insurance and group insurance death benefit continue in force by the City. An employee on an approved leave of absence for more than thirty (30) calendar days in any calendar year shall not receive fringe benefits during the period of such leave, however, an employee may arrange to prepay through the Division of Accounts the premiums necessary to continue the employee's hospitalization and surgical insurance and group insurance death benefit in force during the period of time the employee is on leave.
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