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.