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TOLEDO MUNICIPAL CODE
CERTIFICATION
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF TOLEDO, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART TWELVE - DEVELOPMENT CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
PART NINETEEN - TAXATION CODE
PART TWENTY-ONE - PERSONNEL RELATIONS AND MUNICIPAL EMPLOYMENT
TITLE ONE
CHAPTER 2101 Administrative and Managerial Staff
CHAPTER 2105 Supervisory, Technical and Professional Employees’ Union Local 2058
CHAPTER 2106 Supervisory, Technical and Professional Employees’ Union Local 2058 - Communications Operator Supervisors
CHAPTER 2107 Toledo House of Correction Local 2058
CHAPTER 2109 Toledo Police Command Officers' Association
2109.01 Toledo Police Command Officers' Association Recognition.
2109.02 Classifications.
2109.03 Other Agreements.
2109.04 Authorization Card.
2109.05 Credit Union.
2109.06 Savings Bonds, United Way, and Community Shares.
2109.07 Command Officers' Life Insurance Fund.
2109.08 Association Dues Deductions.
2109.09 Deferred Compensation.
2109.10 Pledge Against Discrimination and Coercion.
2109.11 Representatives.
2109.12 Association Business.
2109.13 Rights to Visit.
2109.14 Grievance Procedure.
2109.15 Expedited Labor Arbitration Rules.
2109.16 Command Officers' Bill of Rights.
2109.17 Drug Testing.
2109.18 Relief From Duty.
2109.19 Suspension and Disciplinary Action.
2109.20 Reprimand.
2109.21 Retraining.
2109.22 Personal Service Records.
2109.23 Record Retention.
2109.24 Resignation.
2109.25 Seniority.
2109.26 Seniority During Military Service.
2109.27 Seniority During Industrial Disability.
2109.28 Promotions.
2109.29 Performance Evaluation.
2109.30 Vacancies
2109.31 Layoff Procedure.
2109.32 Recall From Layoff.
2109.33 Posting Vacancies-Schools.
2109.34 Command Officers Reassigned.
2109.35 Acting Time.
2109.36 Personal Leave Up to 5 Days.
2109.37 Personal Leave up to 30 Days and 30 Days or More.
2109.38 Fringe Benefits/Leave.
2109.39 Falsification of Request.
2109.40 Military Leave.
2109.41 Maternity Leave.
2109.42 Sick or Injury Leave.
2109.43 Workday.
2109.44 Work Schedules.
2109.45 Shift Selection.
2109.46 Starting Time.
2109.47 Quitting Time.
2109.48 Work in Excess of Regular Workdays.
2109.49 Court Appearance Time.
2109.50 Compensatory Time.
2109.51 Holiday Overtime.
2109.52 Overtime Captains.
2109.53 Recall-Special Events.
2109.54 Accumulation of Sick Days.
2109.55 Bonus Days.
2109.56 Sick Pay Usage.
2109.57 Reporting Proof of Illness.
2109.58 Sick Pay Extension.
2109.59 Injury Pay.
2109.60 Disability Assignments.
2109.61 Maternity Pay.
2109.62 Report to Physician Designated by the City.
2109.63 Death Benefit.
2109.64 Hospitalization-Prescriptive Drug-Dental Insurance.
2109.65 The Police and Fireman's Disability and Pension Fund.
2109.66 Safety Equipment and Welfare.
2109.67 Provisions for Safety.
2109.68 Vacations.
2109.69 Paid Holidays.
2109.70 Funeral Pay.
2109.71 Jury Duty.
2109.72 Military Pay.
2109.73 Unemployment Compensation.
2109.74 Compensated Time as Time Worked.
2109.75 Wage Rates.
2109.76 Career Enhancement Program.
2109.77 Educational Reimbursement.
2109.78 Clothing Allowance.
2109.79 Overnight Pay.
2109.80 Travel Allowance.
2109.81 Termination and Severance Pay.
2109.82 Shift Premium.
2109.83 Stress Allowance.
2109.84 Time Bank.
2109.85 Payday.
2109.86 Rules and Regulations.
2109.87 Retirement.
2109.88 Retirement - Service Weapon.
2109.89 Other Employment Compatibility.
2109.90 Trade Days Off.
2109.91 Fatal Force/Mortal Wounding.
2109.92 Administrative Responsibility.
2109.93 Savings Clause.
2109.94 Continuation of Services.
2109.95 Wellness and Fitness.
2109.96 Mid-Term Bargaining.
2109.97 Termination.
CHAPTER 2113 Toledo Fire Chiefs' Association
CHAPTER 2115 Toledo City Employees - AFSCME Local 7 (Communications Operators)
TITLE THREE
TITLE FIVE
TITLE SEVEN
TITLE NINE
TITLE ELEVEN
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2109.70 Funeral Pay.
   A Command Officer shall be granted three (3) days of funeral pay to arrange for and/or attend the funeral of a member of the Command Officer's immediate family. A Command Officer's immediate family shall include father, mother, brother, sister, spouse, child, mother-in-law, father-in-law, son-in-law, daughter- in-law, stepmother, stepfather, step-child, grandparent, grandchild and any other relative residing in the household of the Command Officer.
   In the event of the death of the Command Officer's father, mother, brother, sister, spouse, or child, the Command Officer, upon giving notice, shall have the right to take up to an additional three (3) days of sick pay. Such additional sick time shall be charged to the Command Officer's accumulated sick days, but shall have no effect on Bonus Days as provided in Section 2109.55 Bonus Days.
   Should death or burial in the immediate family occur in a city located more than one hundred fifty (150) miles from Toledo, an additional two (2) days for travel shall be granted and paid.
   The Command Officer may take two (2) days to attend the funeral and reserve a day to attend to the legal matters made necessary by the death.
   This benefit shall also be extended when the relative is a veteran being returned for burial.
   One (1) day of funeral pay shall be granted to attend the funeral of the Command Officer's foster mother, foster father, aunt, uncle, first cousin, niece, nephew, sister-in-law and brother-in-law.
   When a special filial relationship exists between the Command Officer and any relative for whom the Command Officer would normally be granted one (1) day of funeral pay, three (3) days funeral pay will be granted when the Command Officer furnishes the Director of Human Resources an affidavit proving the existence of a special filial relationship. A filial relationship is defined as being one in which the Command Officer bears or assumes a relationship with another individual similar to that of a child, off-spring, or parent.
   The relationships of aunt, uncle, first cousin, niece or nephew shall not be considered to come into existence on account of the marriage of a Command Officer.
   The wife or husband of a Command Officer's spouse's sibling shall not be considered to be a sister-in-law or brother-in-law of the Command Officer.
   A Command Officer shall be granted funeral pay only after the Command Officer furnishes evidence of the death of a person with whom the employee had a qualifying relationship.
2109.71 Jury Duty.
   Any employee who is required to serve on the jury in any court of record shall be paid his regular rate of pay during such periods.
   In order for the employee to receive pay under this Section, he must secure a certificate from the Clerk of Courts, in which he served evidencing that fact of his having been required to serve.
2109.72 Military Pay.
   When an employee is called for short term military leave, it shall be defined as an active military duty assignment issued by the President of the United States, an act of Congress, or as a state of emergency as ordered by the Governor of the State of Ohio (excluding voluntary duty) for a period of less than twenty-three (23) days (either continuous or interrupted) or 176 hours in any calendar year or military assignment. When an employee is called to active duty with their assigned military unit (excluding voluntary duty) they are entitled to a leave of absence from their respective City position without loss of pay for the time they are performing service in uniform services. They shall receive one month (22 days or 176 hours) per calendar year of City paid military leave. While on military leave, the City shall continue all employer benefit coverage including: vacation and sick leave accrual allowance, lump sum and stipend payments, pension contributions and spouse and dependent health care coverage. An employee shall qualify for short term military leave coverage even if the leave is not for a one month continuous military assignment. An employee shall be entitled to all pay (both City and military) received during their short term military assignment. Long term military leave shall be defined as a military duty assignment that exceeds twenty-two (22) days (either continuous or with interruption) or where a short term military leave assignment extends beyond the twenty-two (22) days. When an employee's military duty exceeds the short term leave period specified above because they have been called to active duty as a result of an executive order issued by the President of the United States, an act of Congress, or a state of emergency as ordered by the Governor of the State of Ohio, they shall be paid the difference between his/her regular rate of pay they would have received pursuant to the contract, and the base pay they received from the military, for such a period. The City shall continue all employment benefits coverage for said employees during this period, to include: vacation and sick leave accrual; allowance, lump sum and stipend payments; pension contributions; and spouse and dependent health care coverage. This provision is intended to provide all employees, called to active duty as described, with the same amount of pay and benefits they would have received had the need for military service not arisen. Payments and benefits shall be made to employees from the date of absence as a result of active military duty until they return to City employment and payroll.
   The employee upon submitting their military training schedule for the following year shall be granted the right to use their vacation time and/or trades with themselves to cover their training absences.
2109.73 Unemployment Compensation.
   The City shall extend the provisions of the Ohio Unemployment Compensation Law to Command Officers.
2109.74 Compensated Time as Time Worked.
   Holidays, vacation days and other time off to which an employee is entitled as a matter of right under or by virtue of any ordinance of the City and this Title of the Code, shall be considered as time worked and compensated accordingly, except that such paid time off need not be considered in determining hours worked under the Fair Labor Standards Act.
2109.75 Wage Rates.
   A. The following shall be the wage rates for the members of the Association during the term of this contract, except as revised by Section 2109.75 (B) and (C), below:
 
Hourly
Daily
Bi-Weekly
Annual Rate
SERGEANT
Full Rate
32.040
256.32
2,563.20
66,643.20
After 5 years
32.459
259.67
2,596.72
67,514.72
After 10 years
32.874
262.99
2,629.92
68,377.92
After 15 years
33.286
266.29
2,662.88
69,234.88
After 20 years
33.709
269.67
2,696.72
70,114.72
 
 
Hourly
Daily
Bi-Weekly
Annual Rate
LIEUTENANT
After 5 years
37.328
298.62
2,986.24
77,642.24
After 10 years
37.805
302.44
3,024.40
78,634.40
After 15 years
38.279
306.23
3,062.32
79,620.32
After 20 years
38.765
310.12
3,101.20
80,631.20
 
 
Hourly
Daily
Bi-Weekly
Annual Rate
CAPTAIN
After 5 years
42.181
337.45
3,374.48
87,736.48
After 10 years
42.720
341.76
3,417.60
88,857.60
After 15 years
43.255
346.04
3,460.40
89,970.40
After 20 years
43.804
350.43
3,504.32
91,112.32
 
 
Hourly
Daily
Bi-Weekly
Annual Rate
DEPUTY CHIEF - PRO TEM
(Exempt)
After 5 years
46.821
374.57
3,745.68
97,387.68
After 10 years
47.419
379.35
3,793.52
98,631.52
After 15 years
48.013
384.10
3,841.04
99,867.04
After 20 years
48.622
388.98
3,889.76
101,133.76
 
   B.   The following wage spreads between the ranks will be maintained until the first full pay period of July 2013:
      Patrol Officer/Sergeant   20%
      Sergeant/Lieutenant   15%
      Lieutenant/Captain   13%
   In the event members of the Toledo Police Patrolman's Association (TPPA) receive a base wage increase prior to the first full pay period in July of 2013, the existing spread of
      Patrol Officer/Sergeant   20%
      Sergeant/Lieutenant   15%
      Lieutenant/Captain   13%
   shall be maintained from January 1, 2013 through the first full pay period of July, 2013.
   C.   Effective with the first full pay period of July 2013 the spread between Patrol Officer and Sergeant shall be increased to 22%. The spread between Sergeant and Lieutenant shall remain at 15%, and the spread between Lieutenant and Captain shall remain at 13%.
      Effective with the first full pay period of July 2014 the spread between Patrol Officer and Sergeant shall be increased to 25%. The spread between Sergeant and Lieutenant shall remain at 15%, and the spread between Lieutenant and Captain shall remain at 13%.
   D.   For purposes of the attached wage rate charts, years of service for rates at each classification and the duration for the first step Sergeant's rate shall be determined as follows:
      (1)   Employees hired prior to July 1, 1972 shall be paid based on their years of service with the City as of that date.
      (2)    Employees hired prior to July 1, 1972 shall be paid based on their continuous service to the City of Toledo after that date. Any employee hired after July 1, 1972, shall not receive credit for any prior service to the City for the purpose of determining "years of service" pay to which the employee may be entitled.
   E.   After twenty-six full years from the date of appointment to the Department, Command Officers shall be paid an annual payment of two percent (2%) of the 1988 annual base of the applicable Command rank, which shall not be added to their base rate. The amount shall be paid during the week which they begin their twenty seventh (27th) year of service.
   F.   In order to facilitate compliance with the Fair Labor Standards Act, the City will adjust its regular pay rates for Command Officers to include stress allowance and shift premiums of all overtime payments. The stress allowance add-on shall be determined by dividing the annual stress allowance by 2080 hours. Existing regular pay rates will continue to be utilized for all other purposes. Payment for overtime hours worked in an acting capacity shall be based upon the regular rate for the rank including stress allowance and shift premium. All other overtime hours shall be paid at the regular rate for the Command Officer's permanent rank including stress allowance and shift premium.
   G.   In recognition of the additional responsibility and paperwork associated with being a Field Training Officer (FTO) Program Supervisor, the City agrees to compensate those sergeants selected to be Field Training Supervisors an additional five percent (5%) of their base wage during the days they are actually serving as Field Training Officer Supervisor.
   Any Field Operations sergeant may volunteer to be selected for this special assignment. The Police Administration shall determine the number of sergeants needed to successfully administer the Field Training Officer Program. Sergeants interested in this assignment shall be afforded an interview and a review of their qualifications. The interview and selection committee shall consist of the Field Training Officer (FTO) Program Coordinator (Lieutenant), the Captain in charge of Field Operations, and the Deputy Chief in Charge of the affected District Station. The committee shall make a recommendation to the Chief of Police, who will make selection. The Chief's selection is subject to the grievance procedure but may only be overturned if it constituted an "abuse of discretion".
2109.76 Career Enhancement Program.
   The purpose of the Career Enhancement Program is to provide the path to improve the skills, enhance productivity, evaluate performance, promote professional growth, as well as job satisfaction for Command Officers. This concept is further designed to provide compensation for advanced education as well as certain designated skills or a combination of formal educational and professional training. The Career Enhancement Program is an alternative career path which as designed will assist in retraining as well as creating highly motivated and skilled Command Officers. The net result will be an economic asset to the City of Toledo.
   All Command Officers are eligible for the Career Enhancement Program. It shall be the responsibility of the individual Command Officer to complete the application form between November 1 and November 30 of each year to update his standing in the career enhancement program.
   Any disputes involving the review of an individual Command Officer's standing in the Career Enhancement Program shall be evaluated by the Career Enhancement Program Evaluation Committee. The Career Enhancement Program Evaluation Committee shall be comprised of one individual selected by the Chief of Police, one individual selected by the Executive Board of the Association and the third member selected by the first two.
   Application to the Career Enhancement Program shall be reviewed annually. Percentage increases shall be based upon a Command Officer's achievements as of November 30 of each year.
   Payment for each year of eligibility will occur in January of the following year in a lump sum payment by special check based upon the appropriate percentage of the base annual full rate effective in December of the prior year. Payments shall be made in January of 2010, January of 2011 and January of 2012. Command Officers who leave the City in good standing during the year shall receive upon application a pro rated payment as part of their severance pay.
College and/or Degrees
   Associate Degree
1%
   (TPCOA members who achieve Junior status will be given credit for an Associate Degree)
   Bachelor Degree
1.5%
   Advanced Degree
2%
Specialty Assignments
   ISB Senior Command Officers (15 years seniority)
2%
   Senior Directed Patrol Command Officers (15 years seniority)
4%
   Directed Patrol Command Officers
2%
   Senior FOB Command Officers (15 years seniority)
2.5%
   FOB Command Officers
2%
   Bomb Squad Command Officers
4%
   Senior Command Officers (15 years seniority)
2%
   Command officers shall be limited to one specialty assignment or senior status category despite any overlap.
   The combined assignment and education percentages shall be capped at five percent (5%).
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