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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.
No employee shall be granted a leave of absence for the purpose of entering employment for another employer or becoming self-employed. If a leave of absence is falsely obtained and the employee is found to be employed by another employer or to be self-employed while on leave, the employee shall be given the opportunity to resign from service with the City. If the employee fails or refuses to resign, then he may be discharged provided that the discharge will be subject to review under the grievance procedure provided herein.
An employee who is called into military service shall be placed on an approved leave of absence during the period of time that he is required to serve. Upon discharge, the employee shall have ninety (90) calendar days to report back to the City to be reassigned in accordance with the law. The employee shall accrue seniority while on such leave as provided in Section 2109.26 (Seniority During Military Service) herein.
A female Command Officer will be eligible for maternity leave for that period of time that she is physically incapable of performing her regular work related duties. The Command Officer will be required to document her physical ability in a Statement of Attending Physician forwarded to the City within seven (7) calendar days after becoming aware of the fact that she is pregnant, but not later than ninety (90) days after conception.
Application for such leave will be made on the approved form. The Command Officer in the event of extended disability resulting from pregnancy or childbirth shall be entitled to use her accumulated sick time bonus days and vacation days, and then may submit a request to the Director of Human Resources for extended sick benefits. The employee's prior work record with regard to her usage of sick days and her seniority will be taken into account in determining eligibility for such extension. In the event the requested extension is denied, then the employee may be placed on leave of absence as provided in Section 2109.42 (Sick or Injury Leave).
The Command Officer may request additional release time prior and/or subsequent to the above stated period of disability. Such request shall be made as provided elsewhere in this Agreement.
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