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Employees who terminate their employment with the City for any reason shall have their termination pay computed in the following manner.
(A) They shall be compensated for any earned vacation and bonus vacation including any vacation earned the year in which the employee terminated. The computation of the vacation earned in the year in which the employee terminated shall be in accordance with the following table:
Entitled to 2 weeks - 0.916 x the number of months worked
Entitled to 3 weeks - 1.333 x the number of months worked
Entitled to 4 weeks - 1.750 x the number of months worked
Entitled to 5 weeks - 2.166 x the number of months worked
Entitled to 6 weeks - 2.583 x the number of months worked
(B) In addition to the above, the employee shall be paid for any holidays worked for which he has not been compensated either in the form of pay or time off. If the employee was entitled to two (2) discretionary holidays and has not taken them and he terminates on or before June 30, he shall receive pay for one (1) discretionary holiday. If the employee terminates after June 30, he shall receive pay for two (2) discretionary holidays.
(C) Employees who retire or die while in the employment of the City shall also receive severance pay for unused sick time in accordance with the provisions of Section 2113.51, "Accumulation of Sick Days".
(D) Members of the bargaining unit who leave the employment of the City of Toledo prior to their forty-eighth (48th) birthday with twenty-five (25) years of service or more shall be entitled to sick pay benefits as described in Paragraph C as comprising that part of their severance pay.
(A) Emergency recall for Battalion Chiefs. There shall be three (3) Line Battalion Chiefs in Field Operations on duty each shift every tour, situations may arise which require the recall of a Battalion Chief. Recall will be instituted if a situation occurs where two (2) of three (3) Field Operations Chiefs are out of service for more than thirty (30) minutes or if all three (3) Battalion Chiefs are out of service. When either of these situations occur, a fourth Battalion Chief will be called. If a condition exists where all three Chiefs are out of service, recall will be instituted immediately. This section does not apply when a Field Operations Chief is detailed.
(B) At the completion of the Deputy Chief - Field Operations work day, or if the Deputy Chief of Field Operations is on a day off, a Senior (as defined in Section 2113.18) Battalion Chief will be assigned to oversee Department Field Operations for the remainder of the shift or entire day. This includes weekends and holidays. This Chief Officer will be paid nine percent (9%) over the hourly base rate (eighty (80) hour rate) for time worked while assuming the above duties. The senior Chief may refuse to serve as senior battalion if another on duty line battalion Chief agrees to accept that responsibility and accompanying pay. It shall be offered to the other Chiefs in order of seniority.
(C) There shall be four (4) Deputy Chiefs of which at least two (2) shall have a Battalion Chief assigned to them. The Deputy Chiefs' responsibilities and duties shall be determined by the Chief of the Department.
If any Article or Section of this Chapter 2113 of the Code or of any rider thereto should be held invalid 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, the remainder of this Chapter of the Code or any rider thereto, or the application of such Article or Section to persons or circumstances other than these as 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 intent of the City and the Organization that should any Article or Section of this Chapter of the Code be held invalid or inoperative, that Section or Article shall be renegotiated in an attempt to provide validity, operativeness or acceptability to such Section or Article.
In consideration for members of the Chiefs' Association maintaining their paramedic certification and continuing education (at no cost to the City) and utilizing the paramedic skills on the job, the administration will provide a two percent (2%) differential in the form of merit pay to all Chief Officers who meet this guideline.
Both the City of Toledo and the Toledo Fire Chiefs' Associa tion understand the necessity of maintaining officers in a fit condition. In accordance with this understanding, the parties have agreed to use the Bio-Systems evaluation program. This program will establish the relative fitness level for all participants using scales developed by Bio-Systems. Participation in the program is mandatory. The program will be administered 3-4 times per year. An individualized program will be provided to each participant to help improve his/her fitness level.
No records shall be maintained that identify an officer and show his/her performance on any aspect of the evaluation. Individual results will be provided only to the individual officer. An alias or password selected by each officer will be used to maintain that officer's record and the individualized program. No references to chief officer's rank will be recorded. Aggregate statistical data on the group as a whole may be generated and maintained.
The City agrees that there will be no disciplinary or dismissal action taken against any member as a result of testing and failing to meet the minimum relative fitness score. The City maintains all management rights relative to any members that refuse to participate in the evaluation. Only those officers deemed unable to take the test by a physician shall be excused.
The parties specifically recognize that this program involves medical evaluation of members. Confidentiality over all aspects of the program is therefore considered fundamental, and it is expressly understood that all records generated will be treated as medical records within the meaning of ORC 149.43.
Neither the City nor the TFCA shall volunteer the results of the evaluation to any other entity.
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