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TOLEDO MUNICIPAL CODE
CERTIFICATION
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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
TITLE NINE
CHAPTER 2129 Toledo Police Patrolman's Association
2129.01 Recognition of the Toledo Police Patrolman's Association, Local 10, I.U.P.A. - A.F.L. - C.I.O.
2129.02 Classifications
2129.03 Field Training Officer
2129.04 Federally Funded Positions
2129.05 Listing of New Employees
2129.06 Agency Shop, Payroll Deductions and Dues Checkoff
2129.07 Credit Union
2129.08 Savings Bonds, United Way, TPPA Charities.
2129.09 Police Insurance Fund
2129.10 Deferred Compensation
2129.11 Pledge Against Discrimination and Coercion
2129.12 Bulletin Boards
2129.13 Representatives
2129.14 Grievance Procedure
2129.15 Expedited Labor Arbitration Rules
2129.16 Default in Answer
2129.17 Legal Counsel
2129.18 Acceleration or Extension of Grievances
2129.19 Employee's Bill of Rights
2129.20 Drug Testing
2129.21 Firearms Review Board
2129.22 Relief from Duty
2129.23 Suspension or Disciplinary Action
2129.24 Reprimand
2129.25 Disciplinary Record Retention
2129.26 Personal Service Record
2129.27 Resignation
2129.28 Interviews Upon Employment Termination
2129.29 Seniority
2129.30 Bidding for Assignment
2129.31 Filling Vacant Positions
2129.32 Career Enhancement Program
2129.33 Training Courses
2129.34 Military Service
2129.35 Seniority During Industrial Disability
2129.36 Layoff Procedure
2129.37 Recall From Layoff
2129.38 Acting Time
2129.39 Personal Leave of Absence
2129.40 Fringe Benefits While on Leave of Absence
2129.41 Family Leave
2129.42 Disability Assignments
2129.43 Sick or Off-Duty Injury Leave
2129.44 Other Employment While on Leave
2129.45 Work Schedules
2129.46 Permanent Shifts
2129.47 Starting Time
2129.48 Quitting Time
2129.49 Workday
2129.50 Work in Excess of Regular Workday
2129.51 Court Appearance Time
2129.52 Compensatory Time
2129.53 Holiday Premium
2129.54 Equalization of Overtime
2129.55 Overtime Procedure for Police Officers
2129.56 Recall; Special Events
2129.57 Accumulation of Sick Days
2129.58 Bonus Days
2129.59 Sick Pay Usage
2129.60 Reporting; Proof of Illness
2129.61 Sick Pay Extension
2129.62 Injury Pay
2129.63 Parental Pay
2129.64 Report to Physician Designated by the City
2129.65 Death Benefit
2129.66 Hospitalization; Prescription Drug; Dental Insurance
2129.67 The Police and Firemen's Disability and Pension Fund
2129.68 Safety Equipment
2129.69 Vacations
2129.70 Paid Holidays
2129.71 Funeral Pay
2129.72 Jury Duty
2129.73 Unemployment Compensation
2129.74 Compensated Time Considered as Time Worked
2129.75 Wage Rates
2129.76 Clothing Allowance
2129.77 Overnight Pay
2129.78 Travel Allowance
2129.79 Termination and Severance Pay
2129.80 Shift Premium
2129.81 Police Service Allowance
2129.82 Time Bank
2129.83 Disaster Time Bank
2129.84 Payday
2129.85 Safety and Welfare
2129.86 Provisions for Safety
2129.87 Rules and Orders
2129.88 Retraining
2129.89 Official Issued Equipment/Uniform Inspections
2129.90 Retirement
2129.91 Outside Employment
2129.92 Trade Days Off
2129.93 Critical Incidents
2129.94 Critical Incident Protocol.
2129.95 Educational Reimbursement.
2129.96 Residency Requirement.
2129.97 Administrative Responsibility.
2129.98 Continuation of Services.
2129.99 Savings Clause.
2129.100 Mid-Term Bargaining.
2129.101 Duration of Agreement.
TITLE ELEVEN
CHAPTER 2129
Toledo Police Patrolman's Association
2129.01   Recognition of the Toledo Police Patrolman's Association, Local 10, I.U.P.A. - A.F.L. - C.I.O.
2129.02   Classifications.
2129.03   Field Training Officer.
2129.04   Federally Funded Positions.
2129.05   Listing of New Employees.
2129.06   Agency Shop, Payroll Deductions and Dues Checkoff.
2129.07   Credit Union.
2129.08   Savings Bonds, United Way, TPPA Charities.
2129.09   Police Insurance Fund.
2129.10   Deferred Compensation.
2129.11   Pledge Against Discrimination and Coercion.
2129.12   Bulletin Boards
2129.13   Representatives.
2129.14   Grievance Procedure.
2129.15   Expedited Labor Arbitration Rules.
2129.16   Default in Answer.
2129.17   Legal Counsel.
2129.18   Acceleration or Extension of Grievances.
2129.19   Employee's Bill of Rights.
2129.20   Drug Testing.
2129.21   Firearms Review Board.
2129.22   Relief from Duty.
2129.23   Suspension or Disciplinary Action.
2129.24   Reprimand.
2129.25   Disciplinary Record Retention.
2129.26   Personal Service Record.
2129.27   Resignation.
2129.28   Interviews Upon Employment Termination.
2129.29   Seniority.
2129.30   Bidding for Assignment.
2129.31   Filling Vacant Positions.
2129.32   Career Enhancement Program.
2129.33   Training Courses
2129.34   Military Service.
2129.35   Seniority During Industrial Disability.
2129.36   Layoff Procedure.
2129.37   Recall From Layoff.
2129.38   Acting Time.
2129.39   Personal Leave of Absence.
2129.40   Fringe Benefits While on Leave of Absence.
2129.41   Family Leave.
2129.42   Disability Assignments.
2129.43   Sick or Off-Duty Injury Leave.
2129.44   Other Employment While on Leave.
2129.45   Work Schedules.
2129.46   Permanent Shifts.
2129.47   Starting Time.
2129.48   Quitting Time.
2129.49   Workday.
2129.50   Work in Excess of Regular Workday.
2129.51   Court Appearance Time.
2129.52   Compensatory Time.
2129.53   Holiday Premium.
2129.54   Equalization of Overtime.
2129.55   Overtime Procedure for Police Officers.
2129.56   Recall; Special Events.
2129.57   Accumulation of Sick Days.
2129.58   Bonus Days.
2129.59   Sick Pay Usage.
2129.60   Reporting; Proof of Illness.
2129.61   Sick Pay Extension.
2129.62   Injury Pay.
2129.63   Parental Pay.
2129.64   Report to Physician Designated by the City.
2129.65   Death Benefit.
2129.66   Hospitalization; Prescription Drug; Dental Insurance.
2129.67   The Police and Firemen's Disability and Pension Fund.
2129.68   Safety Equipment.
2129.69   Vacations.
2129.70   Paid Holidays.
2129.71   Funeral Pay.
2129.72   Jury Duty.
2129.73   Unemployment Compensation.
2129.74   Compensated Time Considered as Time Worked.
2129.75   Wage Rates
2129.76   Clothing Allowance.
2129.77   Overnight Pay.
2129.78   Travel Allowance.
2129.79   Termination and Severance Pay.
2129.80   Shift Premium.
2129.81   Police Service Allowance.
2129.82   Time Bank.
2129.83   Disaster Time Bank.
2129.84   Payday.
2129.85   Safety and Welfare.
2129.86   Provisions for Safety.
2129.87   Rules and Orders.
2129.88   Retraining.
2129.89   Official Issued Equipment/Uniform Inspections.
2129.90   Retirement.
2129.91   Outside Employment.
2129.92   Trade Days Off.
2129.93   Critical Incidents
2129.94   Critical Incident Protocol.
2129.95   Educational Reimbursement.
2129.96   Residency Requirement.
2129.97   Administrative Responsibility.
2129.98   Continuation of Services.
2129.99   Savings Clause.
2129.100   Mid-Term Bargaining.
2129.101   Duration of Agreement.
   CROSS REFERENCES
   Council to fix compensation of all City officers and employees-see CHTR. § 53
   Maximum hours of work-see CHTR. § 55
   Contract interest-see CHTR. § 65
   Suspensions in Police Division-see CHTR. § 143
   Appeal to Civil Service Commission-see CHTR. § 144
   Suspension of Police Chief-see CHTR. § 145
   Police Command Officers' Association-see P.R. & M.E. Ch. 2109
   Personnel injury claims-see P.R. & M.E. Ch. 2141
   Employee bonds-see P.R. & M.E. Ch. 2145
 
(Ord. 385-12)
2129.01 Recognition of the Toledo Police Patrolman's Association, Local 10, I.U.P.A. - A.F.L. - C.I.O.
   The City agrees to recognize the Toledo Police Patrolman's Association, Local 10, (hereinafter referred to as the Association), as having jurisdiction over and being the sole and exclusive bargaining agent for employees of the City working in the classifications that are listed in Section 2129.02 herein for the purpose of establishing wages, hours of work, other terms and conditions of employment, and handling of grievances. The City shall not negotiate with, nor make any collective bargaining agreement or contract with any other employee group or with any of the employees working in classifications covered by this agreement, individually or collectively. All agreements entered into between the City and the employees covered by this agreement shall be through duly authorized representatives of the Association. Any other agreement shall be of no effect.
2129.02 Classifications
   The classifications included within this bargaining unit, and their eligibility for representation and benefits shall be as follows:
   (a)   Police Officer Trainee: All newly hired trainees shall complete the Ohio State Peace Officers Training Council Minimum Standard Training Program prior to being assigned to any regular police duties. At the conclusion of the training period, the Trainee who has successfully completed the training course shall then be classified as a Police Officer Probationary and will be assigned regular police duties. When O.P.O.T.A. (Ohio Police Officer Training Academy) certified employees are hired, they as well shall be considered Trainee Police Officer until their assignment as a Police Officer Probationary commences. Upon completion of the Police Officer Trainee Program the employee will receive the first step wage increase. No Trainee shall be assigned to any regular police duties nor receive any fringe benefits other than Hospitalization and Death Benefit during the Academy training period.
   Upon the employee having successfully completed the training period in the Police Academy, he/she shall then be entitled to full fringe benefits. The Association shall represent a new employee upon satisfactory completion of the Academy. However, the Association shall not represent the employee in an issue pertaining to the acceptance or rejection of the employee during the Probationary Period.
   All O.P.O.T.A. Certified employees, laterally hired, shall be released from the Academy for an orientation with the Association. This shall occur two (2) days or more prior to the completion of the Academy, and shall be accomplished at the Association's facility at a time agreed upon by the Police Administration and the Toledo Police Patrolman's Association.
   (b)   Police Officer - Probationary: All appointed employees shall serve a probationary period of one (1) year of duty in actual police service after successful completion of the Police Academy, or such longer period as agreed upon by the Director of Police Operations and the Toledo Police Patrolman's Association to allow for an extended full evaluation of Probationary Employee. They shall have no seniority during this probationary period, but upon completion of this year, their seniority date shall be established as the original date of employment.
   Absence from work for any reason, except schooling required by law, shall not be included in calculating an employee's one (1) year probationary period, but in no event shall a probationary employee become permanent until he has completed one hundred eighty (180) work days of actual police service.
   The City may discharge an employee at any time during the employee's training or probationary periods and a statement of the reason(s) for such discharge shall be submitted to the employee. The provisions of this section shall apply only to employees in their initial probationary period or any mutually agreed upon extension.
   (c)   Police Officer: Employees upon the completion of the probationary period shall be classified as police officers and will be known as permanent employees. Their training and probationary periods shall then be counted for purposes of determining their entitlement to all fringe benefits, as well as their continuous service date in the event of layoff.
   The Association shall be the exclusive bargaining agent to address a new police class. This is to occur at some time between the 130th and 150th days of their employment while they are in attendance at the police academy, for the purpose of informing new employees of the existence of the Association and their functions as representatives of employees.
   (d)   Sergeant-At-Arms: The position of Sergeant-At-Arms will be selected from the rank of Police Officers. The Sergeant-At-Arms shall be selected by the City Council and his/her duties shall be exclusive to the business of the Mayor and City Council. In the event of holidays not covered within this agreement, said duties shall be defined by the Chief of Police.
2129.03 Field Training Officer
   (A)    Police Officers who are assigned to this program will be called Field Training Officers (herein referred to as F.T.O.), however, the police officers shall retain the classification of Police Officer for all provisions of this agreement. All police officers who are selected to participate within this program will be assigned as an F.T.O. on an individual voluntary basis only.
   (B)    The entry criteria into the Field Training Program shall be:
      1.    The applicant must have a minimum of three (3) years of continuous seniority with the Department at the time of selection. Officers who do not meet this minimum requirement but have prior police experience or exceptional abilities may be considered.
      2.    The applicant must have been assigned to Field Operations for at least six (6) months prior to date of application.
      3.    Successful applicants must be available for regular patrol beat assignments for the duration of the process.
      4.    The applicant must have a commitment to the training and development of new officers.
      5.    The applicant must be willing to work overtime to accomplish training and evaluation duties when necessary.
   (C)    Field Training Officers shall be selected by a committee to be composed of five (5) representatives: two (2) from the current Field Training Officers to be appointed by the Association; one (1) Field Training Sergeant; the Field Training Commander; and the Personnel Captain.
   The FTO Selection Committee will consider the following criteria:
      1.    Performance evaluation by current supervisor and Commander.
      2.    Discipline history as defined in Section 2129.25 and 2129.26 herein.
      3.    Attendance record.
      4.    Prior work product review (i.e. Incident reports, OH-1, and supplemental reports).
      5.    Prior performance as an FTO (where applicable).
      6.    Writing sample based upon a defined circumstance.
      7.    A personal interview before the selection committee to include a problem solving exercise.
   (D)    After interviewing all the candidates, the selection committee shall carefully consider all the factors presented and produce a list of FTO nominees. When everything is equal between two candidates, the officer most senior shall be the one nominated by the committee.
   After the selection, all successful FTO candidates will undergo either basic, or refresher FTO training. Those successfully completing the training will be certified eligible for actual FTO service and benefits.
   (E)    Once an officer is a certified FTO, regardless if he/she is in actual training, he/she will receive a five (5%) percent adjusted gross wage annually, payable in the 26 regular pay periods. The adjusted gross wage will not be considered as a new base wage rate. The five (5%) percent payment is also independent of the consideration provided in Section 2129.32, "Career Enhancement Program."
   (F)    The officer will retain FTO certification except where there are general changes of assignment, the officer chooses to withdraw from the Field Training Program, or where there is just cause for removal.
   (G)    Cause for removal shall be directly related to one or more of those criterion used in the selection process as listed in 2129.03 (B) and (C). Removal of certification may be authorized only by the Chief of Police (or his designee) upon either the recommendation of the Selection Committee or as a result of the disciplinary process.
2129.04 Federally Funded Positions
   Any Police Officer hired with Federal funds shall have the right to become members of the Association recognized as the bargaining agent for Police Officers and shall be included in the bargaining unit.
2129.05 Listing of New Employees
   All employees shall be required to provide the Department with their current address and phone number upon accepting employment and to update this information annually and/or at any other time in which a change occurs.
   The City will furnish the Association with a list of all new employees, their address and phone number upon completion of their thirtieth (30th) calendar day of employment with the Department of Police.
   Upon the employee's completion of the training period, the City will furnish the Association with a list of the duty assignments of the new employees.
   The City will provide the Association, upon notification, the change in address or phone number of the new employees in order that the Association will be able to discharge its responsibilities.
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