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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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2125.49 Rules and Orders
   Written orders shall be issued to provide direction for new Rules, Department Operations, programs, and Procedures. Such Rules and Orders shall be submitted to the Bargaining Unit seven (7) calendar days before they are to take effect. They shall be subject to the grievance procedure provided herein up to the second Step of such procedure - to the Office of the Safety Director. Decision of the Safety Director relative to Rule or Procedure changes appealed under the provisions of this section shall not be subject to arbitration. A copy of the Rule Book and all subsequent changes shall be provided to each Firefighter by the City.
   Verbal orders shall continue to be used in emergency situations and also in those non-emergency situations where such orders are issued for the purpose of carrying out preestablished policies of the Department. In the event certain verbal orders are causing confusion and thereby leading to non-uniformity in Department Operations, such orders, when called to the attention of the Administration, shall be reduced to writing for clarification.
2125.50 Hours of Work Schedules
   Except for emergency situations, the following shall be the established work schedule for the member of the Bargaining Unit working in the various Sections and Bureaus of the Department of Fire & Rescue Operations.
   (a)   Fire Fighting Platoons: The work week for Fire Fighting Platoons shall continue to be the established schedule of twenty four (24) hours on duty followed by forty eight (48) hours off duty for an annual average of forty eight (48) hours per week.
   (b)   Fire Prevention, Emergency Medical Service, and Maintenance Bureau: The work day shall be the employee's regular scheduled hours of work with a fixed starting and quitting time, and shall consist of consecutive work hours, except as broken for break periods and the lunch periods. Employees in the Fire Prevention Bureau shall not take an established break for lunch.
   The employees' work week shall consist of forty (40) hours as determined and scheduled by the Chief of the Department of Fire & Rescue Operations.
   (c)   Training and Other Bureaus: The work day shall be the employee's regularly scheduled hours of work with a fixed starting and quitting time, and shall consist of consecutive work hours, except as broken for break periods and the lunch periods.
   (d)   Dispatch Office: the dispatch shift supervisors (lieutenants and captains) shall work a 40 hour week that allows supervising of civilian personnel 24 hours a day, 7 days a week.
   Starting and quitting times of the Fire Fighting Platoons, Bureaus and Offices shall remain as presently scheduled, unless operational procedures necessitate a change. Proposed changes will be made by the Chief subject to appeal as provided in Section 2125.49.
2125.51 Trade of Time
   Unlimited trades will be approved for each member involved in the trade, by their immediate supervisor. The Battalion Chief should be made aware of such trade and all members must be able to perform the duties of the member they trade with.
   The Company Officer shall be responsible for the documentation involved in the trades and shall make the Battalion Chief aware at least 1 tour (3 calendar days) in advance of the trade. Any trade with less than 1 tour (3 calendar days) of notice must have the approval of the Battalion Chief.
2125.52 Drills, Inspections and Special Assignments
   Daily drills may be scheduled during morning, afternoon or evening sessions, with a limit of no more than two sessions per day. The morning sessions shall be scheduled from 0800 to 1130 up to three and one-half (3 ½) hours, the afternoon session shall be scheduled from 1300 to 1600 up to three (3) hours, and evening sessions shall be scheduled from 1900 to 2100 up to two (2) hours. Companies scheduled to drill at 0800 must be notified on the tour before the drill.
   Drill may be scheduled Monday through Saturday, excluding the seven (7) major holidays, December 24 (afternoon and evening), Good Friday (afternoon and evening). When it is necessary for a Battalion Chief or Company officer to schedule a drill on Sunday due to variable factors; traffic conditions, raising aerial ladders downtown, etc., the time spent in these drills will be used in lieu of the next scheduled drill. However, special stand-by may be done on Saturdays or Sundays and the excludable days listed above.
   Inspections (exclusive of occupancy checks) will be scheduled on Thursdays (exclusive of holidays) when weather conditions are within the guidelines noted below. Occupancy checks may be made on any day throughout the year.
   Company inspections will be limited to high hazard, pre-fire plan, organized drills by the battalion or deputy chief, or any special hazard the company officer, battalion or deputy chief feels requires it.
   Inspections, special assignments, and outdoor drills may be canceled on a city-wide basis by the Operations Deputy, or his designee, because of inclement weather or for other reasons. Notice of such cancellation will be given as far in advance as possible. Inclement weather for outdoor inspections and drills is defined as rain, hail, sleet, excessive snow, high heat index or low wind chill. Temperature extremes are defined as above 85 degrees F. and below 40 degrees F. When the temperature is at or near the upper temperature extreme, the Deputy shall consider the humidity factor.
   Inclement weather for indoor inspections is defined as hail, sleet, excessive snow or temperature extremes of 90 degrees F. and above, with high heat index and below 25 degrees F. with wind chill. The Operations Deputy or his designee will check with the U.S. Weather Bureau at 1245 hours and again at 1430 hours. If the companies are on the street and either extreme is met, they will be called back to quarters by the Deputy or his designee. Or if at quarters, they may not be sent out due to any inclement weather change. The Company Officer, upon notification to the Battalion Chief shall have the authority to cancel or delay inspections, or other outdoor programs of their company whenever inclement weather conditions (exclusive of temperature) exist in their district that have not caused cancellation on a city wide basis, or whenever other duties or circumstances dictate such cancellation.
   In emergency situations inspections can be made notwithstanding the above indicated language.
   Uniform clothing for drill, inspections, shall be the fatigue uniform without tie. Fire fighting clothing need not be worn during these activities unless made necessary by the nature of the activity being performed.
   Inspection of the bottom of apparatus shall be limited to a safety inspection, regarding apparatus maintenance.
   It shall be the responsibility of the Company Officer to meet the requirements of these inspections and drill programs along with all other departmental duties, special assignments or activities. In the event that a scheduled assignment is interrupted by emergency duties, that time lost need not be made up. This does not relieve the Company Officer of the responsibility for completing the assigned duties within the time period allotted.
(Ord. 594-06. Passed 8-22-06.)
2125.53 Roll Call
   Promptly at 0700 hours each morning, a formal roll call shall be held. The roll shall be called by the officer of the on-coming platoon. The uniform shall be the Class "B" fatigues.
   A.   Early relief shall be permitted one-half hour before roll call.
      1.    Early relief shall be on a position for position basis, e.g., officer to be relieved by an officer, driver by driver, etc., so as not to jeopardize the effectiveness of the company.
      2.    Relief in each Company shall be administered by the On-Duty Officer. The relieving employee shall report to the Officer-in-Charge in uniform to be inspected for personal and physical fitness for duty. The Officer shall be responsible for recording of individual reliefs in the Company Journal at the time he/she finds the relieving employee is ready for duty.
      3.    No overtime payments shall accrue by reason of early relief. The employee relieving and the employee being relieved understand that early relief is voluntary, at their own request, and for the mutual benefit of the employees only.
   B.   Voluntary Hold Over
      1.    Voluntary holdover shall be on a position for position basis, e.g., officer to be relieved by an officer, diver for diver, etc., so as not to jeopardize the effectiveness of the company.
      2.     Voluntary holdover shall be permitted for up to one-half hour after roll call. Holdover duration may be extended due to emergency response duties.
      3.     No overtime payments shall accrue by reason of voluntary holdover. The employee holding over and the employee asking for the holdover, understand that holding over is voluntary, at their own request, and for the mutual benefit of the employees only. Voluntary holdover is not intended nor to be used to avoid recall and overtime.
      4.    The member requesting voluntary holdover shall make the request prior to 0700 hours. The company officer shall be notified, who then shall notify the Battalion Chief. Members may request voluntary holdover up to five (5) times per year.
(Ord. 594-06. Passed 8-22-06.)
2125.54 Transfers
   The Chief shall have all vacant bids posted at least three (3) times per year (January, April and August), one (1) round each time, for all vacant bid positions within the Department. All vacant bids created between September 1 and December 31 shall be posted within fourteen (14) days of January 1 of the following year. Vacant bid positions are defined as positions not currently held by bid. These notices will be posted for seven (7) days (excluding weekends and holidays) in all stations and bureaus. Special bids shall be in addition to the above. All newly created positions shall be put up for bid before being filled. Special qualifications, if any, shall be listed on the notice.
   (A)    Line transfers will be by classification seniority only. Line transfers are transfers involving those positions that are counted in 103 minimum manning language in 2125.58 or their equivalent.
   (B)    Any member receiving a bid that requires special training shall be afforded said training at no expense to the employee. A member required to attend training on a day off shall be compensated at the overtime rate. If a member refuses or fails to achieve the required training at the first reasonable opportunity, the member will lose that position and will be returned to his/her former position or, if that position has been filled, then he/she may be placed into a relief pool until such time as they may bid. If a member is determined by the Chief not to have attended training at the first reasonable opportunity, the member may seek review of the union/management committee at its next meeting for a final determination.
   (C)    Staff transfers will be filled by the Chief of the Department with consideration of previous education, experience, discipline and seniority. Staff transfers are transfers involving only those positions not counted in 103 minimum manning.
   (D)    Probationary firefighters will be transferred as a group at predetermined times during their probationary period.
   (E)    Once a member receives a bid, he/she shall retain that bid until such times as he/she voluntarily bids to another position. Additionally, to prevent blocking a spot, once a member receives a bid, in the next round of bids they will not be awarded a bid back to their previous position unless no other member has bid for that spot. At the mutual consent of the member and the Chief of the Department, and for the good order of the Department, said member may be placed into a relief pool until he/she has the opportunity to bid into a vacant position.
   (F)    When a rig is relocated (excluding specialty units), the members assigned to that rig will remain with the rig or have the option of being placed into a relief position. All existing non-paramedic bids may become station bids if the member chooses. The member must submit a communication.
   (G)    Once a bid from one station to another is awarded, the member will be moved within seven (7) tours of the expiration of the posted bid.
   (H)    When a member is awarded a bid, the member's vacation and Kelly Day will be moved with them if they are on the same shift. When the member changes shift, the Administration will attempt to move the two week vacation period to the same period of time off the member had previously chosen on the other shift.
   (I)    The relief pool shall be composed of all employees who have not been awarded a bid, excluding probationary firefighters in their first and second rotation. New paramedics hired after December 1, 2002, will not be used in the relief pool, with the exception of Life Squad relief, for a period of twelve (12) months after Paramedic certification.
   (J)    Temporary line assignment positions are positions that were put up for bid and left vacant. They shall be filled with relief pool personnel. Temporary assignments shall be offered in order of seniority among relief pool personnel on that shift. If the member does not accept the temporary assignment transfer, then they shall remain in the relief pool. If temporary assignments are not accepted by relief pool members, then reverse seniority of that relief pool on that shift shall be used to fill the temporary assignments.
   (K)   Relief pool positions for officers are determined by the Fire Administration. However, when an officer relief pool position becomes available, it shall be filled first by an officer who has submitted a communication requesting the relief pool with shift preference. Furthermore, officer seniority shall be used to determine order of placement.
   (L)    The numbers of relief pool positions are determined by the Fire Administration. When it becomes necessary to balance shifts, it shall be filled first by a member within the classification who has submitted a communication requesting the relief pool with shift preference. If no requests are on file, transfers for the purpose of equaling out the shift staffing will be done by reverse seniority, starting with personnel without bids, on the shift in which the transfer is to originate.
   (M)    An employee receiving twenty-four (24) hours or more suspension in a twelve (12) month period, shall forfeit his/her rights to the procedures listed above for a twelve (12) month period, commencing at the date of the Safety Director's finding.
(Ord. 594-06. Passed 8-22-06.)
2125.55 Relieving Duties
   Whenever possible, relieving assignments from station to station due to vacations, injuries, sickness, etc., shall be on a district by district basis with the reliever remaining in his assigned district.
   No member shall be required to relieve in excess of five (5) tours during any one relief assignment, with the exception of those who may be assigned to a designated relief pool. No member shall be required to relieve at more than two stations during any one tour unless emergency conditions require adjustments. Members that are designated as first drivers by the Company Officer shall not be required to relieve.
   Normal non-officer relieving will be done on a rotating basis with everyone eligible for relieving duties, including those members in the 18 member relief pool, participating in this procedure. This procedure can be changed if someone “volunteers” to relieve out of turn. Officer relieving will be scheduled through the Battalion Chief as it has in the past.
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