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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.
In the event the City as a result of exigent circumstances (as this term is defined under Ohio law developed under R.C. 4117) that were unforeseen at the time of negotiations or the passage of legislation which conflicts with the terms of this Agreement finds it necessary to seek a change or changes to a term or terms of this Contract, the City, after approval by City Council, shall notify the Union of the proposed change or changes. The Union may, within ten calendar days of such notice, submit a written demand to bargain over such change or changes.
Should the Union demand to bargain as provided herein, the parties shall engage in good faith bargaining for a period of not less than five days and not more than ten days. Bargaining shall be conducted by teams consisting of not more than four persons, unless a larger number is mutually agreed to by the City and the Union.
If the bargaining teams have not reached agreement by the end of the bargaining period, the parties will engage in mediation for a period of not more than ten days, or until a resolution is reached or impasse is declared by either party, whichever first occurs. The mediator shall be assigned by the State Employment Relations Board, unless the parties mutually agree on a mediator.
If the parties have not reached agreement by the end of the mediation period, the City may elect to submit the unresolved issue or issues to conciliation. The conciliator shall be selected and the hearing conducted in accordance with the provisions of R.C. 4117 and the implementing provisions of the Ohio Administrative Code. The City shall maintain the status quo until the conciliator provides his or her decision.
This Chapter of the code shall be effective as of the first day of January 1, 2012 and shall remain in full force and effect until December 31, 2014.
This Chapter of the Code shall remain in full force and be effective during the period of any negotiations to arrive at a renewal agreement.