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.