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A Police Officer, upon honorable retirement, under service or disability circumstances, may purchase his service pistol for the sum of fifty dollars ($50.00). Additionally, at the Officer's request, the Department Armorer shall deactivate the pistol for display purposes.
No Command Officer of the City shall accept outside employment that is adverse to or in conflict with his municipal employment. Compatibility shall be determined by the Chief of Police. When said employment is determined to be incompatible, the Command Officer shall have the right to meet with the Chief. The Command Officer is entitled to representation by the bargaining agent at this meeting.
With the approval of the Bureau or Section Commander, Command Officers shall be allowed to trade days off with other Command Officers who work on the same shift and within the same Section or Unit and who are able to do the work. In addition, a Command Officer shall be permitted to trade no more than two (2) days every FLSA period with any other Command Officer of the same rank, job assignment, and bureau, regardless of shift, who is able to do the work. Written notification signed by both Command Officers involved in the trade must be provided on the form supplied by the Department. All trades must be completed within the calendar year. Command Officers shall be allowed to trade days off with themselves whenever both of the following conditions are met:
(1) There are no more than (10%) of the Command Officers assigned to the Section or Unit requesting the day off for either vacation time, compensatory time, or trades with themselves; and
(2) The trade will be completed within the work period, or, if not completed within the work period, the trade will not cause the Command Officer's non-overtime hours to exceed the maximum non-overtime hours limitation of the Fair Labor Standards Act in the work period in which the day is paid back.
Command Officers asking for vacation days or compensatory time will be given first preference and then Command Officers requesting to trade a day off with themselves. Written notice shall be given at least three (3) days prior to the requested trade, except in the case of unforeseen emergencies which make it impossible for the Command Officer to give such advance notice. If the scheduling in the Section or Unit reduces the number of regularly assigned Command Officers at any rank to less than two, the remaining Command Officer shall be permitted to trade not less than one (1) trade per work period with himself.
However, when conditions permit, the Chief of Police, Bureau or Section Head may, at his discretion, allow the individual Command Officer, in excess of the ten per cent (10%), to trade days off. Unit shall be defined as agreed upon by the parties for purposes of this Section.
Anytime a Command Officer has to administer such force as to fall into the category of fatal force or is involved in a mortal wounding, the following provision shall apply:
The Command Officer shall receive the necessary time off to relieve the stress which has resulted from the use of fatal force/mortal wounding. The duration of the time shall be at the discretion of the Chief of Police.
The Command Officer shall continue to receive his normal rate of pay for these days and they shall not be charged against his sick time.
If any article of this contract or any rider thereto should be held invalid, illegal or unenforceable by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal pending a final determination as to its validity or legality, the remainder of this contract or any rider thereto, or the applica tion of such article or section to persons or circumstances other than those to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby.
It is the further intent of the parties that should any article or section of this contract be held invalid, illegal or unenforceable and inoperable, that section or article shall be renegotiated in an attempt to provide validity, legality and operability or acceptability to such section or article.
The services performed by the employees included in this Title of the Code are essential to the public health, safety andwelfare. The Association and the City, therefore, agree there shall be no interruption of the work for any cause whatsoever, nor shall there be any work slow-down or other interferences with the delivery of services to the public.
The "Letter of Understanding" dated August, 2009 is hereby deleted and replaced with the following:
The TPCOA and the City of Toledo recognize that the health and wellness of a Command Officer is an area of mutual concern. The parties have therefore agreed that Command Officers may annually be required to participate in a mandatory wellness evaluation. That evaluation will consist of some or all of the following:
Cholesterol evaluation
Fasting Blood Glucose
Blood Pressure
Heart rate
Height/Weight
3 minute step test
Cardiovascular fitness (fire bicycle test)
Upper body strength (Fire Bench Press)
It is agreed that the plan's intent is to enhance overall wellness level of the department, to enable individual Command Officers to learn about their general wellness levels, and to educate Command Officers on methods of improving their physical condition. The plan is not intended for use as a basis for any punitive, disciplinary, or other adverse employment action.
The parties specifically recognize that this program involves medical evaluation and treatment of members. Records that are generated pertain to the medical condition of members. Confidentiality over all aspects of the program is therefore considered fundamental. It is expressly understood that any records generated are considered medical records within the meaning of O.R.C. 149.43.
In order to ensure the integrity of this process, the parties have further agreed as follows:
1. No records shall be maintained that identify an individual Command Officer and show his/her performance on any aspects of the evaluation. Only Command Officers will receive their individual results. Together with their results, officers will also be provided with information on improving their physical condition.
2. No command officer shall be subject to discipline or other sanction as a result of his participation in the wellness/fitness evaluation. Only those officers deemed unable to take the test shall be excused. The Wellness Panel shall discuss any dispute regarding participation with the understanding that participation is mandatory.
3. A four person panel comprised of two representatives of the TPCOA and two selected by the Chief shall convene after the administration of the first evaluation to discuss any issues from the scheduling and conduct of that evaluation.
4. No data whatsoever shall be created from the results of the evaluation until the Wellness Panel (a) mutually agrees that such record will not constitute a public record; or (b) agrees upon an acceptable format for the record; or (c) agrees upon some other resolution. The City reserves the right to discontinue the Wellness Plan if the statistical record issue is not satisfactorily resolved. If the issue is resolved, as set forth above in 4 (a), (b), (c) then any statistical record created from the results of evaluations shall only show numbers of Command Officers evaluated in various demographic groups and their aggregate evaluation results. Such statistical records shall be released to the four person panel. The panel shall then review and discuss those results.
5. The results of the evaluations or this program shall not be used in future bargaining in support of any proposal toward compelled compliance with evaluation results; nor shall results be used to support any proposal providing a right of disciplinary action based upon individual evaluations.
6. Any records maintained by the wellness/fitness provider for purposes of generating statistical reports shall only be retained until the next report is generated. Statistical reports may be retained indefinitely, subject to the conditions contained herein.
7. Neither the City nor the Toledo Police Department shall volunteer the results of the evaluation to any other entity.
8. If the City of Toledo publicly discloses (or is required to disclose) any individual results for any Command Officer under this program, or the program is discontinued, the TPCOA and its members shall no longer be required to participate in the program.
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