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Seniority for purposes of determining layoff and recall from layoff rights shall be based upon an employee's total length of continuous service in the Police Department. Seniority for purposes of determining eligibility to take promotional examinations in the Department shall be based upon an employee's total length of service from the date of appointment to the Police 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. The employee's service with the City in any Department thereof shall be counted for the purpose of determining the employee's eligibility for all fringe benefits. The City will provide up-to-date seniority lists of the employees included in the bargaining unit upon reasonable request.
In the event an employee is reinstated after having had a break in his continuous service in the Police Department for any reason, he shall be reinstated at the salary step that he was at when he left, provided said employee shall have a new seniority date for the purpose of computation of all fringe benefits. His new seniority date shall be his original date of hire less any break in continuous service. Said employee, if reinstated, in accordance with Civil Service Rules, shall be entitled to full fringe benefits from his first day of re-employment.
All vacancies and/or new assignments created in the Department of Police shall be filled through the bidding process as set forth in this section and Section 2129.31 of this Agreement. When a vacancy occurs, it shall be posted on the bulletin boards as far in advance as possible to allow employees an opportunity to submit their bids for these vacancies and/or new assignments.
The notice of a vacancy shall be read at all roll calls for a period of three (3) days and shall remain open an additional four (4) days for a total of at least seven (7) days from the day first posted. An employee may submit his bid to any of the vacancies in the Department. All bids submitted shall be accepted by the Department for consideration.
After the bids are received, the results of these bids will establish an eligibility list which will run for a period of not to exceed six (6) months (or the life of this Section, whichever is less) from the day of posting unless extended at the discretion of the Chief for an additional six (6) months. When new vacancies occur, additional bids will be accepted within the period of the list. Any employee previously interviewed shall have the prerogative to ask for another interview if he feels his qualifications have changed.
Upon examination and recommendation by the Police physician, an Officer disabled as a result of an on-duty injury shall be given a temporary assignment that he is physically capable of performing until such time as he is able to return to normal duties.
(A) Assignment of Police Officers to vacant positions within the Department will be accomplished through the procedure established herein.
Vacant positions shall be separated into three categories and assignments shall be made accordingly:
1. Positions which shall be exempt from the bidding procedure and will be filled at the discretion of the Chief, both in filling a vacancy and in determining tenure of the Officer in the position.
Positions which fall in this category are as follows:
Administrative Staff, Planning and Inspection, Intelligence, Vice-Metro Drug Unit, Gang Unit, Directed Policing and Property Room Management. Officers currently assigned to the Gang Unit and Directed Patrol shall retain their category three (3) protection upon ratification of this agreement.
2. Positions where the seniority of the Police Officer shall be given sole preference, providing the Officer seeking assignment is capable of performing the required duties of the assignment.
Positions falling into this category are as follows:
Traffic Section, Records Section, License Bureau and Tax Bureau.
3. Positions which shall be subject to the selection process as set forth herein.
(B) For all other positions, except as otherwise stated herein and except for those in the Field Operations Bureau, bids will be accepted for assignment to the Bureau and assignment within the Bureau will be at the discretion of the Department Head.
In selecting Officers to be assigned to vacancies, a standard job description and qualification form shall be available to all Officers seeking to bid for the assignment. The Officer shall complete the standard bidding form relative to the vacancy, in advance of the interview with the Bureau Head or his designee.
The Bureau Head or his designee shall review all such applica tions and shall prepare a list of those meeting the minimum qualifications of the position. At least fifty (50%) percent of those meeting the minimum qualifications for the position shall be interviewed. Officers who do not meet the minimum qualifica tions of the position shall be so advised.
A prescreening process consisting of the following criteria shall be established to determine those entitled to an interview:
(1) attendance/sick leave
(2) discipline
(3) years of service
(4) education
All those applicants who meet the standards as established under the prescreening process shall be entitled to an interview. Those applicants who do not meet the standards established under the pre-screening process will not be interviewed, however, they will be advised as to the area(s) of their deficiency.
The interview shall consist of a standard questioning format for all interviews. The Bureau Head or his designee shall make recommendations to the Chief of the Department, who will have the final determination as to the Officers to be selected.
Qualifications, competence and seniority shall be given fair consideration by the Chief in selecting Officers to fill these vacancies. Those assigned to Vice-Metro for three or more years shall be given special consideration upon bidding to Investigative Services Bureau vacancies. For the purpose of this section, seniority shall be defined as the employee's accumulated length of service with the Department.
(C) When an Officer has been assigned to a vacant position under the second and third categories, the Officer will retain the assignment except where there are general changes of assignment or where there is just cause for removal. Officers assigned to the Directed Policing and Gang Units shall serve in a six (6) month probationary period.
In the event the Chief of Police due to general changes of assignment removes employees and transfers them to other bureaus or sections, the employee(s) shall be removed by reverse seniority. When the affected vacancies are back filled, the assignments shall be filled with the most senior displaced employee being the first to be returned and all other returned employees falling in that order provided the return occurs within four (4) years of the change in assignment.
(D) A committee comprised of equal representation of union and administrative personnel shall be formed within seven (7) days of ratification to design a selection process for category 3 positions that establishes a rank order list for selections. The process shall assess points for education, training, discipline, personnel evaluation, interview, sick time usage, and written testing and/or task performance. The committee shall develop and provide to the Chief its recommendations within sixty (60) days of ratification. Recommendations shall only be implemented if the Chief and the TPPA President or designee agree to the recommendations. If agreement is not reached Section 2129.31 "Filling Vacant positions" shall revert to the language contained in the 2009-2011 Collective Bargaining Agreement.
1. PURPOSE
The purpose of the Career Enhancement Program (CEP) is to provide the path to improve the skills, enhance productivity, evaluate performance, promote professional growth, as well as job satisfaction for Patrolmen. This concept is further designed to provide compensation for advanced education as well as certain designated skills or a combination of formal education and professional training. The CEP is an alternative career path which as designed will assist in retaining as well as creating highly motivated and skilled police officers. The net result will be an economic asset to the City of Toledo.
2. THE PROGRAM
The Career Enhancement Program is a nine-level phased program; based upon the accumulation of point scores for education and achievement, as well as certain specified specific job assignments.
3. ENTRY INTO THE PROGRAM
The Career Enhancement Program is open to any police officer who meets the following minimum entry qualifications:
A. A minimum of three (3) full years from the date of appointment to the Police Department.
B. Concurrence by the CEP Committee (defined herein).
C. (1) All police officers who wish to be placed within the program must submit their respective application to the Captain of Personnel.
(2) Applications will be reviewed annually and shall be submitted on the Career Enhancement Application Form after November 1st and by November 30th of each year. Points shall be based upon achievement as of December 31.
(3) Movement of an officer into one of the CEP pay steps shall not be considered as a promotion under City Charter or Civil Service Rules.
D. (1) It shall be the full responsibility of the officer to properly complete the application form (as established) as well as to provide such documentation/materials which will enable the CEP committee to make a determination.
(2) Documentation for specialty assignments shall include but not be limited to the following: assignment record or supervisory memorandum showing service of three (3) months in the specialty assignment since the preceding January 1st. Provided, however, Field Training Officers shall be eligible for assignment points for any year in which they serve one day or more. No assignment points shall be provided in years they have not served at least one day as a F.T.O. Documentation for academic accomplishments shall be by diploma or certified transcript.
4. COMPENSATION FOR SUCCESSFUL COMPLETION
A. Compensation for the successful completion of any step contained in this program shall be defined in the Collective Bargaining Agreement and shall be automatic.
B. Payment shall be based upon the following conversion factor: each five (5) points = one-half of a percent (.05%).
C. Payment for each year of eligibility will occur in January of the following year in a lump sum payment by special check based upon the appropriate percentage of the base annual full rate effective in January of the prior year. Payments shall be made in January of 2012, 2013, and 2014. Officers who leave the City in good standing during the year shall receive upon application a pro rata payment as part of their severance pay.
5. APPLICATION CRITERIA
An applicant should fill out the complete CEP application for consideration for entry into the program. The officer shall include the following point assessed value factors that have been achieved as of December 31st of that year.
6. COLLEGE/DEGREES
Points are not cumulative for degrees and must be from a college/university accredited by an appropriate accrediting association of colleges and universities. The maximum points allowed for formal education shall be twenty (20) and shall apply at time of completion.
Associate Degree - 10 points
Bachelor Degree - 15 points
Advanced Degree - 20 points
7.
SPECIALTY ASSIGNMENTS | POINTS |
SPECIALTY ASSIGNMENTS | POINTS |
I.S.B. Investigators | 20 |
Sr. I.S.B. Investigators (over 15 yrs. w/Dept.) | 30 |
Sr. Vice-Metro Officers (over 15 yrs. w/Dept.; after 6 months) | 30 |
Vice-Metro Officers (after 6 months) | 10 |
Sr. SED Directed Policing Officers (over 15 yrs. w/Dept.) | 40 |
SED Directed Policing Officers | 20 |
Sr. Patrol Officers (over 15 yrs. w/Dept. assigned to F.O.D.) | 20 |
Sr. Officers (over 15 yrs. w/Dept. and assigned outside | 20 |
F.O.D. or I.S.B., for life of the agreement) | |
Sr. Field Training Officers (in yrs. served) (over 15 yrs. w/Dept.) | 30 |
Field Training Officers (in yrs. served) | 10 |
Accident Reconstructionist (assigned to F.O.D.) | 10 |
Sr. Accident Reconstructionist (over 15 yrs. w/Dept. assigned to F.O.D.) | 30 |
Hazardous Device Unit | 40 |
Officers shall be limited to one specialty assignment or senior status category despite any overlap (e.g. Senior Accident Reconstructionist with 15 years seniority, assigned within F.O.D. receives total of 30 points).
The combined assignment and education points eligible for conversion shall be capped at fifty (50) points.
8. CEP COMMITTEE
The Committee shall be composed of six (6) representatives: three (3) from the Association and three (3) from the administration. Any expansion of the committee shall be by agreement of the parties. The committee shall serve to review CEP applications and educational reimbursement requests under the terms set forth herein and in the collective bargaining agreement. If the committee is unable to agree upon a particular CEP Application or Educational Reimbursement Request the matter shall be resolved by the Chief in conjunction with the Association President and a third party agreed upon by the parties. The committee shall undertake such other studies and activities as are agreed upon by the parties consistent with the purpose of the program. Any recommendations of the committee that affect wages, hours, terms and conditions of employment shall be subject to agreement by the Association and the City.
9. WAGE RATES
For the purposes of rates of pay, the financial incentives established in the Step Program shall not be added to the officer's base wage rate.
When training courses of general interest are offered through and/or by the Toledo Police Department, the Police Chief shall select the employees from among applicants who have completed their probationary period and are permanently assigned. Provided, however, that employees who only need an update shall not be covered by this provision.
The course shall be announced within a reasonable time after notification is received by the Department and Officers shall be allowed to submit a request for said course as time allows with a minimum of three (3) days allowed whenever possible.
Courses of a specialized nature shall first be made available to Police Officers permanently assigned to the appropriate Bureau, Section or Units.
The City agrees to accept the responsibility to train the employees covered in Section 2129.02 in the use of firearms.
(A) Military Leave
An employee who is called into military service shall be placed on an approved leave of absence during the period of time he 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 article.
(B) Seniority During Military Service
All 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 services, will, upon their return, within ninety (90) days from release from such services, be granted all seniority rights as if continuously employed by the City during such service. Sick leave accrued prior to the date of an 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 employee granted such leave for military service. All such appointments shall be subject to the priority rights of the permanent employees granted military leaves.
(C) Military Pay
When an employee is called for short-term military leave, including weekend drills, 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 51 days (either continuous or interrupted) or 408 hours in any calendar year. 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 uniform services. They shall receive 51 days or 408 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.
Long term military leave shall be defined as a military duty assignment that exceeds fifty-one (51) days (either continuous or with interruption) or where a short term military leave assignment extends beyond the fifty-one (51) 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 the United States, an act of Congress, or a state emergency as ordered by the Governor of the State of Ohio they shall be paid the difference between his/her regular rate of pay 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 benefits 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) 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 to cover their training absences.
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