Command Officers who become temporarily disabled on or after January 1, 1994 as a result of a non-duty illness or injury and are incapable of performing normal police duties may be placed in a temporary assignment that the Command Officer is physically capable of performing in lieu of placement on sick leave or leave without pay.
1). Prerequisites:
The following prerequisites must exist for a Command Officer to be considered for a non-duty temporary disability assignment:
a. The Command Officer must qualify for the use of sick leave; and
b. The City's physician, in his/her sole judgment, must certify that the Command Officer is temporarily incapable of normal assignment but is capable of the available temporary disability assignment; and
c. An existing assignment must be available, suitable as a temporary disability assignment; provided, however, that a minimum of five (5) assignments shall be available at all times for Command Officers with temporary disabilities and limited capacities apart from those necessary for pregnancies.
2). Conditions:
The following conditions shall apply to the temporary disability assignment:
a. The location and nature of the assignment shall be at the sole discretion of the Chief;
b. The duration of the assignment shall be for the period of the temporary disability as solely determined by the City's physician or a period of one hundred twenty (120) calendar day period, whichever is less;
c. The Command Officer shall receive full pay and benefits during the period of the temporary disability assignment;
d. The Command Officer is prohibited from engaging in or accepting secondary employment during the period of the temporary disability assignment.
3). Extensions-Non Duty Disabilities:
Extensions on temporary disability assignments may be provided at the sole discretion of the Director of Public Safety and Director of Human Resources under the following conditions:
a. The Command Officer's disability was sustained in a manner that would qualify the Command Officer for sick pay; and
b. The City's physician, in his/her sole discretion, has certified that the Command Officer:
(i) Is still incapable of normal assignment, and
(ii) Is capable of the available temporary disability assignment, and
(iii) Should be capable of returning to normal assignment after the term of the extension.
c. A periodic review during the term of the extension will occur to determine the Command Officer's capability of returning to work; and
d. The totality of extensions will not exceed a one hundred and twenty (120) calendar day period beyond the initial ninety days;
e. Command Officers who are incapable of returning to normal assignment within the period of their temporary disability assignment will take such leave as they may be entitled under other provisions of this agreement.