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Toledo Municipal Code
TOLEDO MUNICIPAL CODE
CERTIFICATION
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF TOLEDO, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART TWELVE - DEVELOPMENT CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
PART NINETEEN - TAXATION CODE
PART TWENTY-ONE - PERSONNEL RELATIONS AND MUNICIPAL EMPLOYMENT
TITLE ONE
TITLE THREE
TITLE FIVE
TITLE SEVEN
CHAPTER 2125 Toledo Fire Fighters' Association
2125.01 Local 92 Recognition
2125.02 Classifications
2125.03 Nonrepresentation; Probationary Period
2125.04 Listing of Employees
2125.05 Union Dues Deduction
2125.06 Credit Union
2125.07 Savings Bonds, United Way and Local 92 Charities
2125.08 Fireman's Benevolent Association
2125.09 Deferred Compensation Plan
2125.10 Pledge Against Discrimination and Coercion
2125.11 Representation
2125.12 Bulletin Boards
2125.13 Negotiations
2125.14 Grievance Representatives
2125.15 Grievance Procedure
2125.16 Default in Answer
2125.17 Emergency Condition
2125.18 Retraining/Counseling
2125.19 Written Reprimands
2125.20 Suspension or Disciplinary Action
2125.21 Suspensions
2125.22 Personal Service Records
2125.23 Relief From Duty
2125.24 Drug Testing
2125.25 Seniority; Probationary Period
2125.26 New Employee Fringe Benefits
2125.27 Seniority; Regular Employee
2125.28 Military Service Benefits
2125.29 Seniority During Industrial Disability
2125.30 Promotions
2125.31 Layoff and Recall Procedure
2125.32 Filling Vacancies in Promoted Ranks
2125.33 Acting Time
2125.34 Personal Leave
2125.35 Thirty Day Leave and/or Extension
2125.36 Fringe Benefits During Leave
2125.37 Sick Or Injury Leave
2125.38 Medical/Physical Fitness Standards
2125.39 Time Bank
2125.40 Payday
2125.41 Safety and Welfare
2125.42 Accident Review
2125.43 Uniform Clothing
2125.44 Training and Career Enhancement Program
2125.45 Retirements
2125.46 Resignations
2125.47 Outside Employment
2125.48 Compensated Time Considered as Time Worked
2125.49 Rules and Orders
2125.50 Hours of Work Schedules
2125.51 Trade of Time
2125.52 Drills, Inspections and Special Assignments
2125.53 Roll Call
2125.54 Transfers
2125.55 Relieving Duties
2125.56 Housecleaning
2125.57 Schedule of Hours for Permit Issuance
2125.58 Minimum Manning Requirements
2125.59 Reporting and Charging of Sick Time
2125.60 Overtime Defined
2125.61 Overtime Guaranteed
2125.62 Thirty Minutes Guarantee
2125.63 Subpoenaed as a Witness
2125.64 Distribution
2125.65 Holiday Overtime
2125.66 Compensatory Time
2125.67 Accumulation of Sick Days
2125.68 Sick Pay Usage
2125.69 Reporting; Proof of Illness
2125.70 Sick Pay Extension
2125.71 Injury Pay
2125.72 Bonus Days
2125.73 Maternity Leave
2125.74 Death Benefit
2125.75 Health and Welfare Trust Fund
2125.76 The Police and Fireman's Disability and Pension Fund
2125.77 Safety Equipment
2125.78 Vacations/Kelly Days
2125.79 Paid Holidays
2125.80 Funeral Pay
2125.81 Jury Duty
2125.82 Educational Reimbursement
2125.83 Unemployment Compensation
2125.84 Wage Rates
2125.85 Meal Allowance
2125.86 Travel Allowance
2125.87 Tool Allowance
2125.88 Travel and Clothing Maintenance Allowance
2125.89 Safety Stipends
2125.90 Termination and Severance Pay
2125.91 Shift Premium
2125.92 Administrative Responsibility
2125.93 Residency Requirement and Waiver
2125.94 Continuation of Services
2125.95 Savings Clause
2125.96 Termination
TITLE NINE
TITLE ELEVEN
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2125.26 New Employee Fringe Benefits
   No Fire-Trainee shall receive any fringe benefits, other than hospitalization and coverage for industrial disability and pension as established in the State of Ohio, during the first sixty (60) compensated work days of his employment with the Department. However, provision shall be made for his coverage, by self-payment of appropriate fees, for other types of insurance which are available to other employees.
2125.27 Seniority; Regular Employee
   Seniority shall be established as of the date of the employee's appointment to the Department of Fire & Rescue Operations and shall be the total length of his continuous service after that date. Seniority shall be used for, but not limited to, the purpose of determining layoff and recall (from layoff) rights and the eligibility to take promotional examinations in the Department. Where more than one employee has been appointed on the same date, then his seniority shall be in accordance with his position on the original appointment list.
   Seniority for lieutenants and captains shall be based on the date of promotion.
   Seniority for paramedics shall be from the date of state certification. Where more than one employee has been certified on the same date, then his seniority shall be in accordance with his position on the original appointment list. For employees hired with prior paramedic certification, paramedic seniority shall commence on the date that they are first used in that capacity.
2125.28 Military Service Benefits
   (A)    Seniority During Military Service
   Regular employees who leave the service of the City to enter that of the United States Armed Forces, or the services of the U.S. Maritime Commission, or who are drafted by the United States Government for civilian service, will upon their return within ninety (90) days from the release of such services, be granted all seniority rights as if continuously employed by the City during such service.
   Sick days, and other benefits to which such employee is entitled, accrued prior to the date of the employee's entrance into the military service shall be preserved until his return to City employment. Whenever vacancies occur in the classified service by reason of military leaves of absence, appointments may be made for the duration of the emergency or earlier return to service of the employees granted such leaves for military service. All such appointments shall be subject to the priority rights of the permanent employees granted military leave.
   (B)    Military Leave
   An employee who is called into military service shall be placed on an approved leave of absence during the period of time that he/she is required to serve. Upon discharge, the employee shall have ninety (90) calendar days to report back to the City to be reassigned in accordance with the law. The employee shall accrue seniority while on such leave as provided in this Title of the Code.
   (C)   Military Pay
   When an employee is called for short term military leave it shall be defined as an active duty military assignment issued by the President of the United States, an Act of Congress, or a state of emergency as ordered by the Governor of the State of Ohio (excluding voluntary duty) for a period of less than twenty-three (23) days (either continuous or interrupted) or one hundred seventy-six (176) hours in any calendar year or military assignment. When an employee is called to active duty with their assigned military unit (excluding voluntary duty), they are entitled to a leave of absence from their respective City position without loss of pay for the time they are performing service in the uniformed services. They shall receive one month (twenty-two (22) days or one hundred seventy-six (176) hours) per calendar year of City paid military leave. While on military leave, the City shall continue all employer benefit coverage including, vacation and sick leave accrual allowance, lump sum and stipend payments, pension contributions and spouse and dependent health care coverage. An employee shall qualify for short term military leave coverage even if the leave is not for a one month continuous military assignment. An employee shall be entitled to all pay (both City and military) received during their short term military assignment. This pay is not for the purpose of attending monthly organizational or training meetings in a reserve unit.
   "Long term military leave" shall be defined as a military duty assignment that exceeds twenty-two (22) days (either continuous or with interruption) or where a short term military leave assignment exceeds beyond the twenty-two (22) days. When an employee's military duty exceeds the short term leave period specified above because they have been called to active duty as a result of an executive order issued by the President of United States, an Act of Congress, or a state of emergency as ordered by the Governor of the State of Ohio, they shall be paid the difference between his or her regular rate of pay that they would have received pursuant to the contract, and the base pay they received from the military, for such a period. The City shall continue all employment benefit coverage for said employees during this period, to include, vacation and sick leave accrual, allowance, lump sum and stipend payments, pension contributions, and spouse and dependent health care coverage. This provision is intended to provide all employees called to active duty, as described, with the same amount of pay and benefits they would have received had the need for their military service not arisen. Payment and benefits shall be made to employees from the date of absence as a result of active military duty until they return to City employment and payroll.
   (D)   Military Drill Absence
   The employee, upon submitting their military training schedule for the following year, shall be granted the right to use their vacation time and/or trades with themselves to cover their training absences.
(Ord. 463-03. Passed 5-27-03.)
2125.29 Seniority During Industrial Disability
   A permanent employee who is unable to work because of industrial (service connected) disability shall accumulate seniority and all other benefits as a permanent employee during this period of sickness or disability not to exceed two (2) years duration, unless by mutual agreement this period is extended in writing.
2125.30 Promotions
   (A)    The promotional system is set forth as Appendix A.
   (B)    Promotion from the list established by the Civil Service Commission established after January 1, 2006 for Lieutenant and Captain shall be limited to those who have completed five (5) years of service with the Department of Fire and Rescue Operations and who have completed appropriate course work. The course work requirement may be satisfied with any of the following:
      (1)   Associate Degree,
      (2)   Bachelor's Degree, or
      (3)   The completion of six credit hours or its equivalent in Management or Administration. The Academic Review Committee specified in the section titled "2125.82 Educational Reimbursement" will make the final determination on whether a course is acceptable to fulfill this requirement and the equivalency of non-credit Management or Administration classes.
   (C) The number of oral interviews will be limited to one for each individual receiving a passing score on the written portion of the testing process. The oral interviews shall be no more than sixty (60) days from the date the eligibility list is established by the Civil Service Commission. The interview panel shall be comprised of three members, two from either the current or retired City of Toledo Fire Chiefs, Assistant Fire Chiefs, Deputy Chiefs, or Battalion Chiefs, and one from the current or former City Administration or another Chief as agreed upon by the Fire Chief & Local 92. Local 92 will select one Chief to serve on the interview panel; the Fire Chief will select one Chief to serve on the interview panel; and the City shall select the Administrator to serve on the interview panel, unless another Chief is agreed upon by the Fire Chief and Local 92. All members of the panel must be mutually agreed upon by Local 92, the Fire Chief, and the City. If an agreement cannot be reached, the sixty (60) day deadline may be extended to such a time period as to allow a panel to be assembled from outside the Toledo Fire & Rescue Department. The standard deviation groupings will then be established with only seniority and discipline being adjusted through the life of the list.
(Ord. 594-06. Passed 8-22-06.)
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