CONTRACT

Between

THE CITY OF COLUMBUS, OHIO
and
THE FRATERNAL ORDER OF POLICE
OHIO LABOR COUNCIL, INC.

June 16, 2017 – June 15, 2020

 TABLE OF CONTENTS
Page
ARTICLE 1 – DEFINITIONS................................................................................................. 1
ARTICLE 2 - CONTRACT .................................................................................................... 4
2.1 CONTRACT. ............................................................................................................4
2.2 PURPOSE. ...............................................................................................................4
2.3 LEGAL REFERENCES. ...........................................................................................4
2.4 SANCTITY OF CONTRACT. ....................................................................................5
2.5 ENFORCEABILITY OF CONTRACT........................................................................5
ARTICLE 3 – RECOGNITION .............................................................................................. 5
3.1 RECOGNITION. .......................................................................................................5
3.2 BARGAINING UNIT. ................................................................................................6
3.3 O.L.C. OFFICIAL ROSTER. .....................................................................................6
3.4 CLASSIFICATIONS NOT GUARANTEED. ..............................................................6
ARTICLE 4 - O.L.C. SECURITY .......................................................................................... 6
4.1 UNION SECURITY. ..................................................................................................6
4.2 MAINTENANCE OF MEMBERSHIP. .......................................................................6
4.3 DUES DEDUCTION. ................................................................................................6
4.4 FAIR SHARE FEE. ...................................................................................................7
4.5 BULLETIN BOARDS. ...............................................................................................8
4.6 O.L.C. LIABILITY FOR SERVICE TO NON-MEMBERS. .........................................8
4.7 BALLOT BOXES. .....................................................................................................8
4.8 BARGAINING UNIT MEETINGS. .............................................................................8
4.9 SOLICITATION OF MEMBERSHIP. ........................................................................8
4.10 USE OF INTRA-DEPARTMENTAL MAILS. .............................................................8
4.11 RELEASE TIME. ......................................................................................................9
ARTICLE 5 - NON-DISCRIMINATION................................................................................. 9
5.1 JOINT PLEDGE. ......................................................................................................9
5.2 SEXUAL HARASSMENT. ........................................................................................9
5.3 CITY PLEDGE..........................................................................................................9
5.4 O.L.C. PLEDGE. ......................................................................................................9
5.5 UNION REQUEST FOR LEAVE FORM. ................................................................ 10
ARTICLE 6 - MANAGEMENT RIGHTS ............................................................................. 10
6.1 PREAMBLE. ........................................................................................................... 10
ARTICLE 7 - INTERNAL INVESTIGATIONS PROCEDURES ......................................... 12
7.1 SCOPE. .................................................................................................................. 12
7.2 RIGHT TO REPRESENTATION. ........................................................................... 12
7.3 DISCLOSURE. ....................................................................................................... 12
7.4 SUPERVISORY ACTION. ...................................................................................... 13
7.5 INVESTIGATION QUESTIONING.......................................................................... 13
7.6 LEGAL RIGHTS. .................................................................................................... 13
7.7 CONDUCT OF INTERVIEW................................................................................... 13
7.8 RECORD OF INTERVIEWS................................................................................... 14
7.9 INSUBORDINATION. ............................................................................................. 14
7.10 ADMISSIBILITY OF EVIDENCE. ........................................................................... 14
7.11 POLYGRAPH EXAMINATION. .............................................................................. 14
i

 7.12 COMPLAINTS. ..................................................................................................... 14
7.13 ACCESS TO RECORDS. ..................................................................................... 15
7.14 INVESTIGATION OUTCOME. ............................................................................. 15
7.15 VIOLATION. ......................................................................................................... 16
7.16 EXTERNAL INVESTIGATION PROCEDURES. ................................................... 16
ARTICLE 8 - CORRECTIVE/DISCIPLINARY ACTION AND RECORDS ........................ 16
8.1 ENFORCEMENT................................................................................................... 16
8.2 CORRECTIVE/DISCIPLINARY ACTION FOR CAUSE. ........................................ 16
8.3 POSITIVE CORRECTIVE ACTION. ...................................................................... 16
8.4 PROGRESSIVE ACTION. ..................................................................................... 17
8.5 ACTIONS OF RECORD. ....................................................................................... 17
8.6 DISCIPLINARY HEARINGS. ................................................................................. 17
8.7 LEAVE FORFEITURE. .......................................................................................... 17
8.8 USE OF RECORDS. ............................................................................................. 18
8.9 REVIEW OF PERSONNEL FILES. ....................................................................... 19
8.10 INACCURATE DOCUMENTS. .............................................................................. 19
8.11 PERFORMANCE EVALUATIONS. ....................................................................... 19
ARTICLE 9 - GRIEVANCE PROCEDURE ........................................................................ 19
9.1 DEFINITION. ......................................................................................................... 19
9.2 QUALIFICATION. .................................................................................................. 20
9.3 JURISDICTION. .................................................................................................... 20
9.4 ESTABLISHMENT OF A GRIEVANCE-LIAISON REPRESENTATIVE. ................ 20
9.5 O.L.C. OFFICIAL REPRESENTATION. ................................................................ 20
9.6 GRIEVANCE PROCEDURE. ................................................................................ 20
9.7 TIME OFF FOR PRESENTING GRIEVANCES. ................................................... 23
9.8 ACCESS TO DOCUMENTS AND OTHER MATERIALS. ..................................... 24
9.9 GRIEVANCE-LIAISON REPRESENTATIVE. ........................................................ 24
9.10 TIME LIMITS. ........................................................................................................ 24
9.11 REPRESENTATIVES IN MEETINGS. .................................................................. 24
9.12 GRIEVANCE FORMS. .......................................................................................... 24
9.13 NON-DISCRIMINATION. ...................................................................................... 24
ARTICLE 10 - LABOR RELATIONS MEETINGS ............................................................. 25
10.1 MEETINGS............................................................................................................ 25
10.2 ADDITIONAL PARTICIPATION. ........................................................................... 25
ARTICLE 11 - WORK RULES AND DIVISION DIRECTIVES .......................................... 25
11.1 RULES AND DIRECTIVES. .................................................................................. 25
ARTICLE 12 - NO STRIKE, NO LOCKOUT ...................................................................... 25
12.1 NO STRIKE, NO LOCKOUT. ................................................................................ 25
12.2 DEFINITIONS........................................................................................................ 26
12.3 VIOLATIONS. ........................................................................................................ 26
ARTICLE 13 - MISCELLANEOUS ..................................................................................... 26
13.1 SAFE EQUIPMENT............................................................................................... 26
13.2 LAYOFFS. ............................................................................................................. 26
13.3 CONTRACT COPIES. ........................................................................................... 26
13.4 ASSIGNMENT OF CITY-OWNED MOTOR VEHICLES. ....................................... 26
13.5 EMPLOYER PROVIDED TRAINING OPPORTUNITIES. ..................................... 27
ii

 ARTICLE 14 - WAGES AND SERVICE CREDIT .............................................................. 29
14.1 GENERAL PAY PLAN.......................................................................................... 29
14.2 ADMINISTRATION OF PAY PLAN. ..................................................................... 31
14.3 SERVICE CREDIT. .............................................................................................. 33
14.4 EMPLOYEE'S CONTRIBUTION TO PERS. ......................................................... 33
ARTICLE 15 - HOURS OF WORK, OVERTIME, AND REPORT-IN PAY ....................... 34
15.1 REPORT-IN AND CALL-IN PAY. ......................................................................... 34
15.2 WORKWEEK........................................................................................................ 35
15.3 OVERTIME POLICY. ........................................................................................... 36
15.4 DISTRIBUTION OF OVERTIME. ......................................................................... 36
15.5 COURT PAY. ....................................................................................................... 36
15.6 LUNCH PERIODS. ............................................................................................... 37
15.7 PUNCTUALITY. ................................................................................................... 37
15.8 COMPENSATORY TIME. .................................................................................... 37
15.9 WORKING OUT OF CLASSIFICATION PAY. ...................................................... 38
ARTICLE 16 - SHIFT DIFFERENTIAL PAY ...................................................................... 38
16.1 SHIFT DESIGNATION. ........................................................................................ 38
16.2 SHIFT DIFFERENTIAL PAY RATES. .................................................................. 38
16.3 METHOD OF PAYMENT. .................................................................................... 38
ARTICLE 17 - UNIFORMS ................................................................................................. 38
17.1 ESTABLISHMENT OF UNIFORM POLICY. ......................................................... 38
17.2 UNIFORM COMMITTEE. ..................................................................................... 39
17.3 UNIFORMS. ......................................................................................................... 39
ARTICLE 18 - HOLIDAYS .................................................................................................. 39
18.1 HOLIDAYS. .......................................................................................................... 39
18.2 HOLIDAY TIME OFF. ........................................................................................... 39
18.3 HOLIDAY PAYMENT. .......................................................................................... 40
18.4 HOURLY RATE FOR HOLIDAYS. ....................................................................... 40
18.5 PRORATED PAYMENT FOR HOLIDAYS. .......................................................... 40
18.6 CELEBRATION DAY FOR HOLIDAYS. ............................................................... 40
18.7 BIRTHDAY HOLIDAY. ......................................................................................... 40
18.8 USE OF HOLIDAY LEAVE. .................................................................................. 40
18.9 APPLICATION TO STEP 0 MEMBERS. .............................................................. 40
18.10 SEPARATION FOR HOLIDAY AND OVERTIME ACCUMULATION. .................. 40
ARTICLE 19 - VACATION LEAVE .................................................................................... 41
19.1 VACATION LEAVE. ............................................................................................. 41
19.2 VACATION ACCRUAL. ........................................................................................ 41
19.3 PAYMENT FOR EXCESS VACATION BALANCES............................................. 42
19.4 EFFECT OF UNPAID STATUS ON VACATION ACCRUAL. ............................... 42
19.5 SEPARATION PAYMENT FOR VACATION. ....................................................... 42
19.6 PAYMENT OF VACATION BALANCES OF DECEASED EMPLOYEES. ............ 43
19.7 USE OF VACATION. ............................................................................................ 43
ARTICLE 20 - SICK LEAVE............................................................................................... 43
20.1 SICK LEAVE ACCRUAL. ..................................................................................... 43
20.2 USE OF SICK LEAVE. ......................................................................................... 44
20.3 PAYMENT UPON SEPARATION OR DEATH. .................................................... 46
iii

 20.4 CONVERSION OF SICK LEAVE AND PAYMENT OF SICK LEAVE
RECIPROCITY. ............................................................................................................... 46
ARTICLE 21 - INJURY LEAVE .......................................................................................... 47
21.1 INJURY LEAVE WITH PAY.................................................................................. 47
21.2 ELIGIBLE INJURIES. ........................................................................................... 48
21.3 REPORTING REQUIREMENTS. ......................................................................... 48
21.4 AUTHORIZATION OF INJURY LEAVE. ............................................................... 48
21.5 APPEALS TO THE BOARD OF INDUSTRIAL RELATIONS. ............................... 48
21.6 LEAVE WHILE CLAIM IS PENDING. ................................................................... 49
21.7 INJURY LEAVE FOR EXAMINATION AND TREATMENT. ................................. 49
21.8 INSURANCE CONTINUATION. ........................................................................... 49
21.9 BI-WEEKLY CONTACT WITH DEPARTMENT/DIVISION. .................................. 49
ARTICLE 22 - SPECIAL LEAVES ..................................................................................... 50
22.1 SPECIAL LEAVE.................................................................................................. 50
22.2 JURY DUTY LEAVE. ............................................................................................ 50
22.3 EXAMINATION LEAVE. ....................................................................................... 51
22.4 COURT LEAVE. ................................................................................................... 51
22.5 MILITARY LEAVE. ............................................................................................... 51
22.6 FAMILY AND MEDICAL LEAVE. ......................................................................... 52
22.7 PERSONAL BUSINESS DAY. ............................................................................. 53
22.8. BETTY BRZEZINSKI LIVING ORGAN DONOR LEAVE. ..................................... 53
ARTICLE 23 - TUITION REIMBURSEMENT .................................................................... 53
23.1 REIMBURSEMENT PROGRAM. ......................................................................... 53
ARTICLE 24 – INSURANCE .............................................................................................. 56
24.1 INTRODUCTION. ................................................................................................. 56
24.2 MEDICAL. ............................................................................................................ 56
24.3 COST CONTAINMENT. ....................................................................................... 59
24.4 DENTAL INSURANCE COVERAGE. ................................................................... 62
24.5 PRESCRIPTION DRUG COVERAGE. ................................................................. 62
24.6 VISION INSURANCE. .......................................................................................... 64
24.7 LIFE INSURANCE. ............................................................................................... 65
24.8 NEW EMPLOYEE ELIGIBILITY. .......................................................................... 65
24.9 PREMIUM CONTRIBUTIONS. ............................................................................. 65
24.10 PRE-TAX BENEFITS. .......................................................................................... 66
24.11 COMMUNICABLE DISEASE TESTING. .............................................................. 66
24.12 APPEAL PROCESS. ........................................................................................... 66
ARTICLE 25 - DRUG-AND ALCOHOL-FREE WORKPLACE ......................................... 67
ARTICLE 26 - DISABILITY PROGRAM ............................................................................ 69
26.2 EFFECT ON SICK LEAVE. .................................................................................. 69
26.3 LIMITATIONS. ...................................................................................................... 69
26.4 APPLICATION PROCEDURE AND DEADLINE. ................................................. 69
26.5 CONTINUATION OF CERTAIN BENEFITS. ........................................................ 69
26.6 BI-WEEKLY CONTACT WITH DEPARTMENT/DIVISION. .................................. 70
ARTICLE 27 - ENTIRE CONTRACT ................................................................................. 70
ARTICLE 28 - DURATION OF CONTRACT.......................................................................71
APPENDIX A .................................................................................................................. 72
iv

 APPENDIX B .................................................................................................................. 76
APPENDIX C .................................................................................................................. 80
APPENDIX D .................................................................................................................. 82

v

 ARTICLE 1 – DEFINITIONS

"ACTIONS OF RECORD" means all corrective/disciplinary actions regarding a member
that are reduced to writing and maintained by the Division of Police. These include but are
not limited to fleet safety records, written reprimands and departmental charges.
"ACTIVE SERVICE" means being present and able to perform the duties to which an
employee of the City of Columbus has been assigned.
"APPOINTING AUTHORITY" means an individual, officer, commission, agency, board or
body having the power under the Charter or Columbus City Codes of appointment to, or
removal from, a position with the City.
"BARGAINING UNIT MEMBER" means those persons employed in the classifications: 911
Emergency Communication Specialist, Crime Analyst, Crime Analyst Supervisor, Police
Evidence Technician, Vehicle Impounding Inspector, Forensic Scientist II, and Forensic
Scientist III.
"CALENDAR WEEK" means seven (7) consecutive calendar days starting on Sunday and
ending on Saturday.
"CLASS OR CLASSIFICATION" means a group of positions with the same descriptive title
having similar duties and responsibilities and requiring similar qualifications and which can
be distinguished from other groups of positions. There may be only one position in a
particular class or classification.
"COMPENSATORY TIME" means time off with pay for authorized overtime worked in lieu
of salary or wages, calculated in accordance with Article 15 of this Contract.
"CONTINUOUS SERVICE" means an employee's length of service in the full-time
employment of the City in active service or paid status uninterrupted by resignation,
retirement, discharge for cause, or any other separation from city employment. Military
leave, leave resulting from injury received in the line of duty, or leave resulting from
approved disability coverage, authorized leave without pay or administrative leave without
pay for activities related to city employee relations are not considered separation of city
service. Resignation to immediately accept another position in the employ of the city or a
temporary lay-off of thirty-five (35) calendar days or less shall not be considered a
separation from city service.
"DAY" means calendar day unless otherwise specified.
"DEMOTION" means a change to a classification which has a lower rate of pay.

1

 "DOCUMENTED CONSTRUCTIVE COUNSELING" means the initial step of formal
corrective action, but not an action of record; a written record of the basic facts of an
incident which was brought to the attention of a member together with a summary of the
remedial action required.
"EMPLOYEE" means any member of the bargaining unit.
"EXTENDED ILLNESS" means three (3) or more consecutive workdays, including the day
on which the holiday is celebrated, of injury leave, sick leave and/or disability leave.
"FULL-TIME EMPLOYMENT" means employment by the City which is to be performed in
accordance with an established scheduled working time, such schedule to be based upon
not less than forty (40) hours per seven (7) consecutive calendar days for fifty-two (52)
consecutive seven (7) day periods per annum.
"GENDER" means every pronoun includes corresponding pronouns of different genders or
numbers or both, to the extent the context permits.
"GRIEVANCE" means a complaint against the City arising under and during the term of this
Contract by an employee or the Union that there has been a violation, misinterpretation or
misapplication of the specific terms of this Contract.
“IMMEDIATE FAMILY” includes spouse, domestic partner provided the terms of Ordinance
No. 1077-2010, as amended, are met, son, daughter, brother, sister, parent, grandparent,
grandchild, stepfather, stepmother, stepbrother, stepsister, stepson, stepdaughter,
father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
grandparent-in-law, half-brother and half-sister, and persons who stand in the place of a
parent. [Note: This definition does not apply to the Family and Medical Leave Act.]
“O.L.C. REPRESENTATIVE” means an O.L.C. Officer, Grievance Chair, Grievance Liaison
Representative, or O.L.C.-designated attorney.
"OVERTIME" means time during which an employee is on duty, working for the City in
excess of regularly scheduled hours of work as set forth in Article 15. Overtime applies only
to that time authorized to be worked by the Chief of Police in accordance with the provisions
of this Contract.
"PAID STATUS" means employment by the City in active service or authorized leave with
pay.
"PAY PERIOD" means a two (2) calendar week period beginning on a Sunday and ending
on the second Saturday thereafter.
"POSITION" means any office, employment or job calling for the performance of certain
duties and the exercise of certain responsibilities by one individual. A position may be
vacant or occupied full-time.
"REEMPLOYMENT" means taking a position with the City following a break in continuous
service.
2

 "RESIGNATION" means the voluntary termination of employment of an employee, or
unauthorized leave for five (5) consecutive workdays.
"RETIREMENT" means an individual (a) whose separation from city service is not caused
by resignation, layoff or discharge; and (b) whose application for retirement benefits has
been approved by the Public Employee Retirement System of Ohio (PERS).
"SCHEDULED WORKING TIME" means a regularly scheduled working time assigned on
the basis of seniority to each employee. Said schedule shall include the beginning and
ending day of each workweek.
"SENIORITY" means an employee's uninterrupted length of continuous service within the
City, department, division or job classification depending upon the issue involved.
"SHIFT" means the employee's regular work period, with the early morning shift hereinafter
referred to as the first shift, the late afternoon shift hereinafter referred to as the second
shift, and the late evening shift hereinafter referred to as the third shift.
"WORKDAY" means a regularly scheduled working time assigned by the Chief of Police in
any twenty-four (24) hour period beginning at the regularly scheduled starting work time.
"WORKWEEK" means forty (40) hours of work in a regularly recurring period of seven (7)
consecutive twenty-four (24) hour days during the period starting 12:01 a.m. Sunday to
midnight the ensuing Saturday.

3

 ARTICLE 2 - CONTRACT

2.1 CONTRACT.
This Contract is made and entered into by and between the City of Columbus, Ohio
(hereinafter referred to as the "City", "Administration" or "Division") and the Fraternal Order
of Police, Ohio Labor Council, Inc. (hereinafter referred to as the "O.L.C." or "Union").
2.2 PURPOSE.
The purpose of this Contract is to promote cooperation and orderly, constructive, and
harmonious relations between the City, its employees, and the O.L.C.
2.3

LEGAL REFERENCES.
(A)

This Contract shall be subject to all applicable law(s).

(B)

If there is any conflict between the provisions of this Contract and any legal
obligations or affirmative action requirement imposed on the City by Federal
or State law, or a court of competent jurisdiction, such legal obligations or
affirmative action requirements thus imposed shall be controlling. Should any
Article or Section of this Contract be held invalid by operation of law or by any
tribunal of competent jurisdiction; or if compliance with or enforcement of any
Article or Section should be restrained by such tribunal pending a final
determination as to its validity, the remainder of this Contract or the
application of such Article or Section to persons or circumstances other than
those as to which it has been held invalid or as to which compliance with, or
enforcement of, has been restrained, shall not be affected.
It is understood by the parties that nothing in this Contract shall be deemed to
conflict with any provisions of the Charter of the City of Columbus, ordinances
and resolutions of the Columbus City Council, Civil Service Commission
Rules and Regulations, except for disciplinary actions which may be grieved
through the provisions of Article 9 of this Contract, State and Federal laws,
and the Constitutions of the State of Ohio and the United States of America.
The section headings contained in this Contract are included only for
convenience of reference and do not define, limit, explain, or modify this
Contract or its interpretation, construction or implementation. Both parties
believe this contract is legally enforceable and complies with Chapter 4117 of
the Ohio Revised Code.
In the event any Article or Section is declared invalid, illegal, or
unenforceable, this Contract shall be reopened on such Article or Section.
The City and the O.L.C. shall meet within thirty (30) days for the purpose of
negotiating a lawful alternate provision. However, such negotiations shall not
affect the enforcement or validity of any other provision of the Contract.

4

 2.4

SANCTITY OF CONTRACT.
(A)

During the term of this Contract, each party voluntarily and unequivocally
waives the right and agrees not to negotiate any issue pertaining to wages,
hours, terms or other conditions of employment, unless there is a written
accord by and between the parties hereto to do so. Any changes must be in
writing and signed by both parties. Neither party shall attempt to achieve the
alteration of this Contract by any means except as provided in this Contract.

(B)

It is agreed that, in the event the Ohio General Assembly or the United States
Congress passes legislation which becomes law and which affects the City of
Columbus and this Contract, there can be a reopening of this Contract only
for purposes of amending said Contract to conform to such law or laws. Either
party hereto shall have the right to call for a reopening of the Contract under
such circumstances by giving notice to the other party in writing; said notice
may be given at any time after such legislation is signed into law and prior to
the effective date of such law or laws. Such negotiations shall commence
within ten (10) days after written notification.

2.5 ENFORCEABILITY OF CONTRACT.
The City and the O.L.C. assert and believe that the provisions of this Contract are
enforceable in a court of law. The City believes that the provisions contained herein do not
represent any illegal delegation of power.

ARTICLE 3 – RECOGNITION

3.1 RECOGNITION.
The City hereby recognizes the O.L.C. as the sole and exclusive representative of all
bargaining unit members ("members" or "employees") in any and all matters relating to
wages, hours, and terms and conditions of employment and the continuation, modification,
or deletion of a provision of this Contract between the parties, and the resolution of
questions arising under this Contract for all members included in the bargaining unit
Bargaining Units consist of Police support personnel including Police Evidence Technician,
Crime Analyst, Crime Analyst Supervisor, and Vehicle Impounding Inspector employed by
the City as certified on August 4, 1988 by the State Employment Relations Board Case
Number 88-REP-06-0119; all Criminalist II and III employed by the City as certified on May
14,1992 by the State Employment Relations Board in Case Number 90-REP-09-0228
(currently known as Forensic Scientist II and III); and 911 Emergency Communications
Specialists as amended by the State Employee Relations Board in Case number 2017REP-01-0011 on February 16, 2017. City classifications are described in Section 3.2.

5

 3.2 BARGAINING UNIT.
The bargaining unit shall consist of:
Class
Code

Classification

Pay Range

3026
3027
1912
1913
3029
3070
3005

Crime Analyst
Crime Analyst Supervisor
Forensic Scientist II
Forensic Scientist III
Police Evidence Technician
Vehicle Impounding Specialist
911 Emergency Communication Specialist

S7
S8
S9
S10
S6
S6
S8

3.3 O.L.C. OFFICIAL ROSTER.
The O.L.C. shall provide to the Labor Relations Manager an official roster of its officers and
representatives within thirty (30) days of the ratification of this Contract. This roster will be
updated within thirty (30) days of any change and will include the following: (a) name; (b)
address; (c) home telephone number; (d) immediate supervisor; and (e) O.L.C. office held.
3.4 CLASSIFICATIONS NOT GUARANTEED.
The classifications or job titles used by the City are for descriptive purposes only. Their use
is neither an indication nor a guarantee that these classifications or titles will continue to be
utilized by the City.

ARTICLE 4 - O.L.C. SECURITY

4.1 UNION SECURITY.
The City agrees not to enter into any agreement or contract with City employees covered by
this Contract individually or collectively, which in any way conflicts with the terms and
provisions of this Contract. Any such agreements shall be null and void.
4.2 MAINTENANCE OF MEMBERSHIP.
Twelve (12) months from the effective date of the Contract and every twelve (12) months
thereafter, the authorization for dues deduction is revocable pursuant to the member's
request, provided the member gives written notification by Certified Mail to the Labor
Relations Manager and the O.L.C. twenty (20) days prior to the effective date of the
revocation.
4.3

DUES DEDUCTION.
(A)

The City will deduct from each employee's pay in the first pay period of each
month the regular monthly O.L.C. dues for each employee in the bargaining
unit who has filed with the City a payroll deduction authorization form. The
City will honor all executed payroll deduction authorization forms received not
6

 later than fifteen (15) working days (i.e., days the City's administrative offices
are open) prior to the next deduction date.
(B)

Total deductions collected for each calendar month shall be remitted by the
City to the Director of the Union at 222 East Town Street, Columbus, Ohio
43215 together with a list of employees for whom deductions have been
made not later than ten (10) days following the end of the pay period in which
the deduction is made. The City will also provide to the Director of the Union,
in spreadsheet format, a copy of the list of deductions for the current month.
The spreadsheet copy shall include: name, pay rate, pay grade,
department/division, classification, and social security number. Director of the
Union agrees to refund to the employee any amounts paid to the Union in
error on account of this dues deduction provision.

(C)

Dues shall be withheld and remitted to the Director of the Union unless or
until such time as the City receives a notice of an employee's death, transfer
from covered employment, termination of covered employment, or when there
are insufficient funds available in the employee's earnings after withholding all
other legal and required deductions.

(D)

Information concerning dues not properly deducted under this Section 4.3
shall be forwarded to the Director of the Union, and this action will discharge
the City’s only responsibility with regard to such cases; there will be no
retroactive deduction of such dues from future earnings. Deductions shall
cease at such time as a strike or work stoppage occurs in violation of Article
12 (No Strike-No Lockout).

(E)

The actual dues to be deducted shall be certified to the City Auditor by the
Director of the Union. The Union will give the City a forty-five (45) day notice
of any change in the dues to be deducted.

(F)

O.L.C. agrees to indemnify and hold the City harmless against any and all
claims, suits, orders, or judgments for monetary damages brought or issued
against the City as a result of any action properly taken or not taken by the
City under the provisions of this Section 4.3.

4.4 FAIR SHARE FEE.
Any present employee who is not a member of O.L.C. and all employees hired or entering
the bargaining unit, after the effective date of this Agreement and who have not made
application for membership shall, commencing sixty-one (61) days after appointment to a
classification in the bargaining unit or the effective date of this Agreement, whichever is
later, so long as they remain non-members of O.L.C., pay to O.L.C. each month their fair
share of the cost of the collective bargaining process and Agreement administration
measured by the amount of dues and other financial obligations uniformly required by
members of O.L.C. Such fair share payments shall be deducted by the City from the
earnings of such non-member employee(s) once each month, and paid to O.L.C. in
accordance with Section 4.3. The Director of the Union shall certify to the City the amount
that constitutes said fair share that shall not exceed the dues and financial obligations
uniformly required by members of the Union.
7

 O.L.C. agrees to comply with its legal obligations to fair share fee payers. Further, it is
agreed that any dispute concerning the amount of the fair share fee and/or the
responsibilities of O.L.C. with respect to fair share fee payers shall not be subject to the
grievance and arbitration procedure set forth in this Agreement.
4.5 BULLETIN BOARDS.
The City agrees to provide bulletin board space at or near the bargaining unit members’
work locations. Notices of Union elections, Union meetings, Union appointments and
results of Union elections, and notices of Union recreational and social affairs are permitted
to be posted. Any other materials must be mutually agreed upon prior to any posting on this
bulletin board space. Notices of announcements shall not contain anything political or
controversial or anything reflecting negatively upon the City, any of its employees or any
labor organization among its employees. No material, notices or announcements, which
violate the provisions of this Section, shall be posted. The Labor Relations Manager or
designee and the O.L.C. representative shall be responsible for dealing with violations of
this Section 4.5.
4.6 O.L.C. LIABILITY FOR SERVICE TO NON-MEMBERS.
Any employee who is not an O.L.C. member shall be represented in the same manner as a
member.
4.7 BALLOT BOXES.
The O.L.C. shall be permitted, with prior notification to the Chief of Police, to place ballot
boxes at each of the four (4) union-member work sites for the purpose of collecting
members' ballots on all O.L.C. issues subjected to ballot, except ballots regarding job
action. Such boxes shall be the property of the O.L.C. and neither the ballot boxes nor the
ballots shall be subjected to the City's review.
4.8 BARGAINING UNIT MEETINGS.
The O.L.C. shall be permitted, upon prior approval of the Chief or appropriate Subdivision
Deputy Chief, which approval shall not be unreasonably withheld, to hold meetings for the
O.L.C. members in the bargaining unit or for all bargaining unit members at Police
Headquarters or other City building, room, or facility. The request for approval shall be in
writing; shall be delivered to the Chief at least forty-eight (48) hours prior to the time of the
meeting; and shall state the date, time, and requested location of the meeting. The City
agrees to hold the requested location open for use by the O.L.C. on the date and at the time
specified in the O.L.C.'s request. However, if it is not practicable for the City to provide the
requested location to the O.L.C., the City will so notify the O.L.C. and make every effort to
provide for an alternate meeting location in another City occupied building, room or facility.
City employees will not be paid for attending meetings of an internal union nature.
4.9 SOLICITATION OF MEMBERSHIP.
Solicitation of membership or other internal Union business shall be conducted during the
non-duty hours of all employees concerned.
4.10 USE OF INTRA-DEPARTMENTAL MAILS.
The O.L.C. shall be permitted to utilize the intra-departmental mail boxes for the purpose of
providing information pertaining to O.L.C. business or bargaining unit representation to
8

 members. The O.L.C. agrees that the use of the mail boxes will be reasonable and limited
to providing information that is necessary for the normal conduct of O.L.C. business or
bargaining unit representation. The O.L.C. agrees not to use intra-departmental mail
systems for mass mailings. All mail placed in the mail boxes by the O.L.C. shall be the
property of the members to whom it is addressed and such mail shall not be subject to the
City's review.
4.11 RELEASE TIME.
The City will release members for the following functions/activities:
(A)

To attend Grievance Representative training provided by the O.L.C. for two
(2) members no more than two times per calendar year based upon
operational needs and based upon the approval of the Chief of Police;

(B)

To provide for reasonable time for pre-negotiation sessions, negotiation
sessions, and work sessions of O.L.C. negotiators. Such time will be
approved by the Labor Relations Manager.

Release for these functions/activities shall not be deducted from the members' leave
balances (i.e., sick leave, vacation leave, compensatory leave, etc.).

ARTICLE 5 - NON-DISCRIMINATION

5.1 JOINT PLEDGE.
The City and the O.L.C. shall not discriminate against any member of the bargaining unit on
the basis of the member's age, race, color, sex, creed, religion, ancestry, marital status,
veteran's status, political affiliation, national origin, gender identity or expression, military
status, familial status, genetic information, disability or sexual orientation as provided by
law.
5.2 SEXUAL HARASSMENT.
Sexual harassment shall be considered discrimination under this Article. Sexual harassment
is defined by State and Federal laws. Such discrimination shall be governed by applicable
local, State and Federal laws.
5.3 CITY PLEDGE.
The City agrees not to discriminate against any members of the bargaining unit on the basis
of his/her membership or non-membership in the O.L.C. nor to discriminate, interfere with,
restrain or coerce any member because of or regarding his/her activities as an officer or
other representative of the O.L.C. Further, the City agrees not to interfere with the desire of
any member of the bargaining unit to become, not become and/or remain a member of the
O.L.C.
5.4 O.L.C. PLEDGE.
The O.L.C. agrees to fairly represent all members of the bargaining unit subject to Chapter
4117 of the Ohio Revised Code. Subject to the provisions of this Contract, the O.L.C., within
9

 the terms of its Constitution and By-Laws, agrees not to discriminate against any member of
the bargaining unit on the basis of his/her membership or non-membership in the O.L.C. as
it pertains to representation nor to discriminate, interfere with, restrain or coerce any
member because of or regarding his/her activities or non-activities for the O.L.C.

5.5 UNION REQUEST FOR LEAVE FORM.
The O.L.C. Representative is required to complete an official Union request for leave form
to be provided by the Labor Relations Manager detailing: day, time, reason and location of
Union matters to maintain a record of the time spent on Union matters. Responding to short
telephone inquiries or in-person conversations initiated by others shall be the only exception
to the prior approval requirement (see Appendix C). This official request for leave form shall
be given to the O.L.C. Representative's immediate supervisor for a matter of record. No
Union matter of an internal union organizational nature shall be conducted during duty
hours or overtime work, excepting only such matters as may involve extreme emergencies
affecting the health or safety of a member. The O.L.C. Representative shall notify his/her
supervisor prior to contacting any member on City time.

ARTICLE 6 - MANAGEMENT RIGHTS

6.1 PREAMBLE.
Nothing contained in this Contract shall alter the authority conferred by the Charter of the
City of Columbus, ordinances and resolutions of the Columbus City Council, Civil Service
Commission Rules and Regulations, State and Federal laws, and Constitutions of the State
of Ohio and the United States of America upon any City official or to in any way abridge or
reduce such authority.
The Division has and will continue to retain the right to operate and manage its affairs in
each and every respect. The rights reserved to the sole discretion of the Division shall
include, but not be limited to the following:
(A)

To determine the organization and operations of the Division of Police;

(B)

To determine and change the purpose, composition and function of each of
its constituent subdivisions, bureaus, etc.;

(C)

To set standards for the services to be offered to the public;

(D)

To direct the personnel of the Division of Police, including the right to assign
work and overtime;

(E)

To train, transfer, assign and schedule personnel;

(F)

To increase, reduce or change, modify or alter the composition and size of
the work force, including the right to relieve employees from duties because
of lack of work or funds or other reasons;

10

 (G)

To contract out work when necessary;

(H)

To establish work schedules and to determine the starting and quitting time,
assign overtime and the number of hours worked;

(I)

To establish, modify, combine or abolish job positions and classifications;

(J)

To add, delete or alter methods of operation, equipment or facilities;

(K)

To determine the locations, methods, means, and personnel by which
operations are to be conducted, including the right to determine what goods
or services are to be made, provided or purchased, to establish work and
productivity standards and, from time to time, to change those standards, and
to determine whether services or goods are to be provided or produced by
employees covered by this Contract or by other employees or non-employees
not covered by this Contract;

(L)

To establish, implement and maintain effective internal control programs;

(M)

To suspend or take other disciplinary action against personnel for just cause;

(N)

To add, delete or alter policies, procedures, rules and regulations;

(O)

To determine any and all terms and conditions of employment not specifically
set forth in this Contract; and

(P)

To take such other actions as the City may deem necessary to carry out its
mission.

Enumeration of the City's rights, as set forth in this Article, shall not be deemed to exclude
other rights of management not specifically set forth herein since the parties expressly
agree that the City retains all legal rights to which it is entitled as an employer and retains all
other rights not otherwise covered by this Contract, whether or not such rights have been
exercised in the past.
The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the
City, and the adoption of policies, rules, and regulations in furtherance thereof, shall be
limited only by the specific and express terms of the Contract. The exercise of management
rights which allegedly violate specific provisions of this Contract are subject to the
Grievance Procedure.
No action, statement, agreement, settlement, or representation made by any member of the
bargaining unit regarding the City's obligations or rights under this Contract shall impose
any obligation or duty or be considered to be authorized by or binding upon the City unless
and until the City has agreed thereto in writing.

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 ARTICLE 7 - INTERNAL INVESTIGATIONS PROCEDURES

7.1 SCOPE.
This Article is designed to address the procedures used for internal investigations of
members. Internal investigations shall be initiated and/or conducted by the chain of
command. The Public Safety Director or his/her designee may also initiate or conduct an
investigation involving a member.
7.2

7.3

RIGHT TO REPRESENTATION.
(A)

Internal Affairs Bureau and EEO Investigations. When a member is
notified to report to the Internal Affairs Bureau, or the EEO, and is the focus of
the investigation, the member shall be provided an opportunity to contact an
O.L.C. Representative. If requested by the member, an O.L.C.
Representative shall be allowed to accompany the member during all
interview sessions.

(B)

Chain of Command Investigations. At the time any member is interviewed
or interrogated within the chain of command of the Division of Police and the
investigator or member reasonably believes that either departmental or
criminal charges could result against that member, that member shall be
provided an opportunity to contact an O.L.C. Representative. If requested by
the member, an O.L.C. Representative shall be allowed to accompany the
member during all interview sessions.

(C)

Objections. On record at the end of the interview, the O.L.C. Representative
shall have the right to object to inappropriate lines of questioning and/or to
raise any contractual violations. The investigator may also allow the O.L.C.
Representative to briefly make such objection on or off the record during the
course of the interview, provided that the interview is not thereby unduly
disrupted.

DISCLOSURE.
(A)

When a member is to be interviewed as a witness in an investigation of any
other member, the member being interviewed shall be fairly apprised prior to
the beginning of questioning of the circumstances giving rise to the interview.

(B)

If during the interview of the member/witness, the investigator or
member/witness has reason to believe that the member/witness being
interviewed has become a focus of the investigation or has provided
information which would cause the member/witness to become a focus of
another investigation for which it would be reasonable for the investigator or
member/witness to believe that either departmental or criminal charges may
result, the investigator shall immediately notify the member/witness of such
belief and inform the member/witness of his/her rights under this Article.

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 7.4 SUPERVISORY ACTION.
When, in the course of his/her duties, any supervisor witnesses an act for which he/she
reasonably believes that departmental or criminal charges may result and, if physical
evidence is present and the collection of that physical evidence is necessary to substantiate
such charges, the supervisor may immediately collect that physical evidence.
Prior to any questioning concerning an act as addressed in this Section, which was
witnessed by a supervisor, the member shall be informed of his/her rights under this Article.
If an O.L.C. Representative is requested by the member, the supervisor need not wait more
than one (1) hour for the arrival of the O.L.C. Representative, unless otherwise mutually
agreed.
7.5 INVESTIGATION QUESTIONING.
Members shall be informed of the allegations or basic facts of the incident prior to any
questioning by an investigator and the member shall be informed, to the extent known at
that time, whether the investigation is focused on the member for potential charges, either
departmental or criminal. The member being investigated shall be given a copy and the
member who is a witness shall be shown a copy of any citizen complaint or written
summary of the basic facts of the incident of any non-citizen complaint prior to any
questioning of the member being investigated. When the investigator reasonably believes
that either departmental or criminal charges may result from a non-citizen complaint, the
summary of the allegations or basic facts shall be in writing except when the investigator
witnesses the violation.
A member will only be asked questions which relate to the allegations or basic facts of the
incident unless, during questioning, other information is developed which could lead to
additional allegations against the member. In such an event, the member will again be
advised by the investigator of the potential for either departmental or criminal charges.
When a member requests it, the member shall be given a brief period of time, prior to any
questioning, to locate and review any written documents the member possesses regarding
the event(s) being investigated, so the member may fully prepare to accurately and
completely respond to the questioning. An investigator may accompany the member during
the member's brief search for and review of such documents.
7.6 LEGAL RIGHTS.
A member who is to be questioned as a suspect in an investigation that may lead to criminal
charges against the member shall be advised of his/her constitutional rights in accordance
with the law.
7.7 CONDUCT OF INTERVIEW.
Any interrogating, questioning, or interviewing of a member will be conducted insofar as
practical at hours reasonably related to the member's shift, preferably during the member's
working hours. Interrogation sessions shall be for reasonable periods of time and time shall
be allowed during such questioning for attendance to physical necessities. If at any time
during the interview the investigator believes that the filing of criminal charges against the
member may result, the member shall be so informed and have the right, if requested, to
consult with his/her O.L.C. Representative prior to any further questioning. If the member
declines Union representation, such declination will be reduced to writing.
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 7.8 RECORD OF INTERVIEWS.
All interrogations and/or interviews (including polygraph interviews) of members conducted
in conjunction with an Internal Affairs Bureau or EEO investigation shall be recorded by the
Division of Police at the request of either party; and in the case of chain of command
investigations, at the request of either party when the investigator reasonably believes that
departmental or criminal charges may result. Subsequent to the interview, the member
and/or his/her representative will be afforded the opportunity, upon written request directly
to the Chief or his/her designee, to listen to, copy (at the member's expense) and make
personal notes from or verify the accuracy of a recording made of his/her interview. If a
transcript of the recording is made by the Division of Police, the member will be provided a
copy of such transcript upon written request directly to the Chief or the Chief's designee.
7.9 INSUBORDINATION.
If a member has been advised that the investigation may result in criminal charges, the
member's refusal to answer questions or to participate in the investigation shall not be
considered insubordination or a like offense. In all other circumstances, before a member
may be charged with insubordination or a like offense for refusing to answer questions or
participate in an investigation, the member shall be advised that such conduct, if continued,
may be made the basis for such a charge.
7.10 ADMISSIBILITY OF EVIDENCE.
Any evidence obtained in the course of an investigation through the use of administrative
pressures, threats, coercion, or promises shall not be admissible in any subsequent criminal
action or disciplinary hearing. However, explaining to a member that potential corrective
action could result if he/she continues to refuse to answer questions or participate in an
investigation shall not be construed as administrative pressures, threats, coercion or
promises.
7.11 POLYGRAPH EXAMINATION.
Polygraph examinations shall be administered by the Polygraph Section of the Division of
Police unless the Chief of Police decides to have the polygraph administered by another
agency. Members may be given a polygraph examination only if they are the primary focus
of an investigation, known witness to an incident, or at the member's written request directly
to the Chief of Police and the member's O.L.C. Grievance-Liaison Chairman or designee.
No polygraph examination shall be given in an incident that could not amount to a violation
of law, unless requested by the member. No polygraph examination shall be given without
the advance written approval of the Chief of Police. The results of this examination cannot
be used in any subsequent criminal action unless properly stipulated prior to the giving of
such examination in accordance with the laws of the State of Ohio. Further, the results of
this examination cannot be used in any subsequent Departmental action unless the City can
produce additional evidence to corroborate the allegations.
7.12 COMPLAINTS.
When an anonymous complaint is made against a member and no corroborative evidence
is obtained, the complaint shall be classified as not investigated and the accused member
shall not be required to submit a written report.

14

 7.13 ACCESS TO RECORDS.
A member who is charged with violating Division of Police Rules of Conduct and the
member's O.L.C. Representative, when one is involved, shall be provided access to the
City's transcripts, records, written statements, video/audio recordings and written
summaries (including opinions, if provided) of any polygraph examinations pertinent to the
case. The member who is charged may request and receive, at no cost, a copy of the
documentation to which the charged member was provided access. Such access, and
copies if requested in a timely manner, shall be provided reasonably in advance of any
disciplinary hearing. The Division of Police shall be provided access, reasonably in advance
of the disciplinary hearing, to the member's or the member's O.L.C. Representative's
transcripts, records, written statements, video/audio tapes, and written summaries
(including opinions, if provided) of any polygraph examinations pertinent to the case.
7.14

INVESTIGATION OUTCOME.
(A)

Any member who has been under investigation and has been interviewed
may, not less than twenty-eight (28) days after the interview, forward a written
inquiry to the responsible Deputy Chief as to the status of the investigation. In
response to the member's inquiry, the member shall be advised of the status
of the investigation and, if known, the estimated time necessary to complete
the investigation. At the conclusion of the investigation, the member shall be
informed in writing of the outcome of the case. All investigations shall be
completed within fifty-six (56) days from when the department first became
aware of the incident causing the investigation.

(B)

Exceptions/Extensions to Time Deadlines.
1.
If an investigation requires more time to complete, the parties may
agree to extend the time period. Such extensions shall not be unreasonably
withheld by the Union.
2.
When actions of a criminal or conspiracy nature or when alleged
violations of other local, state or federal laws, or Mayor’s executive orders,
warrant extensive investigation, the City’s administrative investigation will be
concluded no later than fifty-six (56) days following the notice to the
Appointing Authority of the completion of any investigation or review by a
third-party or law enforcement organization.
3.
If an employee is off duty on approved or unapproved leave, the time
limits for investigation, delivery of charges, hearing and results of hearing
shall automatically be tolled. The parties may agree to extend any of the time
lines.
4.
The time limits in this Article shall be tolled for any employee who is
laid off and subsequently recalled.

15

 7.15 VIOLATION.
If any of these procedures set forth within this Article are violated, such violations shall be
subject to the Grievance Procedure.

7.16

(A)

A grievance resulting from an Internal Affairs Bureau or EEO investigation
shall begin at Step 2.

(B)

A grievance resulting from a chain of command investigation shall begin at
Step 1.

EXTERNAL INVESTIGATION PROCEDURES.
(A)

When any City entity outside of the Department of Public Safety initiates an
investigation of a member who is the focus of the investigation, and the
Department orders the member to participate in such investigation, the
member shall have all rights which would otherwise apply to an investigation
conducted by the Internal Affairs Bureau.

(B)

When any non-city entity initiates an investigation of a member who is the
focus of the investigation, the Division may order the member to appear
before the investigating entity. Should such an order be issued, the member
shall be provided a reasonable opportunity to meet with an O.L.C.
Representative prior to complying with the order.

(C)

Any member who is a witness to an incident or issue under investigation as
outlined in this Section shall be afforded the same rights and protections as
outlined in Section 17.16(A) and (B) above.

ARTICLE 8 - CORRECTIVE/DISCIPLINARY ACTION AND RECORDS

8.1 ENFORCEMENT.
Members shall comply with all City, departmental, and divisional work rules, policies, and
directives as well as all Federal, State and local laws.
8.2 CORRECTIVE/DISCIPLINARY ACTION FOR CAUSE.
No bargaining unit member shall be terminated, demoted, suspended, given documented
constructive counseling or a written reprimand or suffer any career disadvantage except for
just cause.
8.3 POSITIVE CORRECTIVE ACTION.
In those incidents where supervisors believe that positive corrective action would correct
performance problems, the City encourages the use of positive corrective action by its
supervisors. Positive corrective action encourages a willing modification of performance.
Positive corrective action means those actions taken to correct a member's performance or
behavior where the action taken, in and of itself, does not have a negative impact on the

16

 member. Examples of positive corrective action include counseling, retraining, mandatory
professional assistance/evaluation, and referral to the Employee Assistance Program.
8.4 PROGRESSIVE ACTION.
For charges other than insubordination and EEO violations, the principles of progressive
corrective action shall be followed for conduct not in violation of law. However, the charge of
insubordination will only be used when no other charge is applicable to that conduct. The
progression shall at least include documented constructive counseling before a written
reprimand, a written reprimand before a suspension, and a suspension before a dismissal.
If the offenses are of a critical nature, the Chief of Police or designee may determine that a
different sequence is required. In reaching a penalty determination, the nature and severity
of the misconduct and the member's work record shall be taken into consideration.
8.5 ACTIONS OF RECORD.
When an investigation concerning a member occurs wherein corrective/disciplinary action of
record may result, the member, at the conclusion of the investigation, shall be immediately
notified of the result.
8.6 DISCIPLINARY HEARINGS.
All disciplinary hearings shall be held before the City's Labor Relations Manager or
designee. Prior to any disciplinary hearing before the Labor Relations Manager or designee,
the charged member shall receive from the Chief of Police a written statement of all charges
and specifications. At the disciplinary hearing, the charged member shall be allowed to be
represented by an O.L.C. Representative as defined in Article 1 and will be allowed to call
witnesses material to member’s defense.

8.7

(A)

A member who is charged, or his/her representative, may make a written
request for a continuance. Such request shall be granted where practicable at
the discretion of the Labor Relations Manager or designee. The length of
such continuance shall be mutually agreed upon by the parties.

(B)

The City shall make all good faith efforts to notify the affected member of any
charges or of any decisions reached as a result of the Labor Relations
Manager’s or designee's hearing prior to any public statement. The Labor
Relations Manager or designee shall withhold any public statement for
seventy-two (72) hours from the time of a decision or from the conclusion of
any authorized leave which may have been granted to the affected member
unless earlier notification directly to the member is confirmed. Hearings shall
be held in the Labor Relations hearing room unless an alternative site is
mutually agreed upon by the parties.

LEAVE FORFEITURE.
(A)

The Labor Relations Manager or designee, after having found a member
guilty of one or more of the disciplinary charges, may make a
recommendation as to the appropriate level of discipline.

(B)

Leave Forfeiture. Should this recommendation be a suspension, the Hearing
Officer may make a written offer to the member that the member forfeit up to
17

 one hundred twenty (120) hours of accrued vacation or compensatory time,
provided the member has sufficient vacation and/or compensatory time
balances at the time the offer is made. If the member agrees to forfeit such
accrued leave, the forfeiture shall be one (1) hour of accrued leave for each
one (1) hour of the proposed suspension. The type of leave (vacation or
compensatory time) shall be the member’s choice. The forfeiture of the leave
shall constitute corrective/disciplinary action of record, shall be accordingly
noted in the member’s personnel file, and shall constitute the final resolution
of the disciplinary charges, which resolution shall not later be subject to
challenge by the member or the O.L.C. under the grievance procedure or in
any other forum. If the member chooses to accept the Labor Relations
Manager’s or designee’s written offer, the Labor Relations Manager or
designee shall acknowledge the member's acceptance of the offer in writing.
Should the Labor Relations Manager or designee choose not to offer this
option or should the member reject the offer, appropriate disciplinary action
shall be imposed.
8.8 USE OF RECORDS.
All Division records of corrective/disciplinary actions shall be maintained in the following
manner:
(A)

A documented constructive counseling shall not be relied upon for any
administrative purpose after one (1) year, so long as there is no subsequent
corrective/disciplinary action during the one (1) year period.

(B)

Actions of record shall be maintained in each member's Division master
personnel file throughout his/her employment, with the exception that, at the
member's written request to the Chief of Police and after two (2) years from
the date of the action, fleet safety records and written reprimands shall have
no further force and effect provided no further action of record has occurred.
Written reprimands and safety records shall remain a part of the member's
Division master personnel file and maintained by the Division of Police until
these materials can be legally destroyed in accordance with all applicable
Federal, State, and local laws.

(C)

Actions of record (except for Fleet Safety Records and written reprimands)
shall be maintained in each member's Division Master Personnel File
throughout his/her employment. However, a member may, in writing, through
his/her chain of command, request to the Chief of Police that such action of
record have no further force or effect, provided no further action of record of
the same or similar nature has occurred within three (3) years after the date
of the incident which gave rise to the action. The Chief of Police shall grant
such a request (and so note on the record of action) unless the incident was
of a serious nature, as determined by the Chief.

(D)

In any case in which a documented constructive counseling, reprimand,
suspension, or dismissal is overturned, the personnel record shall clearly
indicate the same. In addition, not investigated or not sustained allegations or
complaints of misconduct made against a member and appearing in Internal
18

 Affairs Bureau files shall not be considered in future corrective actions or
future promotion consideration.
8.9 REVIEW OF PERSONNEL FILES.
Every member shall be allowed to review any of his/her personnel files except "confidential
law enforcement records" and "trial preparation records" as defined in Ohio Revised Code
§149.43 at any reasonable time upon written request. Such request shall be made to the
supervisor directly responsible for maintenance of such files and review of the files shall be
made in the presence of such supervisor or his/her designated representative. For the
Division master personnel file, the request shall be made to the member's Subdivision
Deputy Chief or his/her designated representative. Any member may copy documents in
his/her file. The City may levy a charge for such copying, which charge shall bear a
reasonable relationship to actual costs.
8.10 INACCURATE DOCUMENTS.
Should any member have reason to believe that there are inaccuracies in documents
contained in the member's Division master personnel file, he/she may write a memorandum
to the Deputy Chief of the Administrative Subdivision explaining the alleged inaccuracy. If
the Deputy Chief concurs with the member's contention, the Deputy Chief shall so note on
the face of the inaccurate document. If the Deputy Chief disagrees with the member's
contention he/she shall attach the member's memorandum to the document in the file and
note thereon his/her disagreement with the memorandum's contents.
8.11 PERFORMANCE EVALUATIONS.
A member's signature on any performance evaluation, if any, shall be viewed by the parties
hereto only as a representation that he/she has read it. It shall not be viewed as a
representation that a member has concurred in any or all of the contents or comments
thereon. The performance evaluation will be used to provide feedback to members to
improve performance, guide their professional development, and for promotional
opportunities, if applicable. The original of the completed performance evaluation will be
maintained in the member’s personnel file.

ARTICLE 9 - GRIEVANCE PROCEDURE

9.1 DEFINITION.
A grievance shall mean a complaint against the City arising under and during the term of
this Contract by a member or the Union that there has been a violation, misinterpretation or
misapplication of the specific terms of this Contract except that any dispute or difference of
opinion concerning a matter or issue addressed by the Columbus Civil Service
Commission's rules or which could be heard before the Columbus Civil Service
Commission, except for disciplinary actions, shall not be considered a grievance under this
Agreement. Counseling, oral reprimands and written reprimands shall be grievable up
through Step 2 only.

19

 9.2 QUALIFICATION.
A grievance may be initiated by an aggrieved member or the O.L.C. When a group of
members desires to file a grievance involving a situation affecting each member in the same
manner, one member selected by such group shall process the grievance as the designated
group representative.
9.3 JURISDICTION.
Nothing in this Grievance Procedure shall deny members any rights available at law to
achieve redress of their legal rights, including the right of redress in another forum.
However, once a member elects to seek redress in another forum, the member is thereafter
denied the right to file or proceed further through the steps of the Grievance and Arbitration
Procedure. Further, any relief obtained by the member under this Grievance Procedure
shall be rescinded and shall not continue to be performed or provided to the extent that the
relief achieved by the member in another forum is either inconsistent with the result
achieved under this Contract or is cumulative and redundant of the result achieved under
this Contract.
9.4 ESTABLISHMENT OF A GRIEVANCE-LIAISON REPRESENTATIVE.
The O.L.C. shall designate not more than one (1) Grievance-Liaison Chairman who may
delegate his/her work to a Grievance-Liaison Representative.
9.5 O.L.C. OFFICIAL REPRESENTATION.
The O.L.C.'s duly constituted Grievance-Liaison Chairman or his/her designee, subject to
providing notice to his/her supervisor at the earliest possible time prior to leaving the
worksite, shall have the right and duty as to members in the bargaining unit to:
(1)

Represent said members in conference with representatives of the City when
requested by said members.

(2)

Represent said members when requested by such members in the Grievance
Procedure set out in this Article 9.

9.6 GRIEVANCE PROCEDURE.
The following are the implementation steps and procedures for handling grievances:
(A)

Preliminary Step. A member shall first attempt to resolve individual
grievances informally with his/her immediate supervisor. Such attempt at
informal resolution shall be made by the member-grievant within ten (10)
days following the events or circumstances giving rise to the grievance or
when they reasonably should have been first known by the member-grievant.
Grievances brought to the attention of the supervisor beyond the time limit
shall not be considered. At this Step, there is no requirement that the
grievance be submitted, or responded to, in writing; however, the
Grievance-Liaison Representative may accompany the grievant, should the
latter request his/her attendance. If the member is not satisfied with the oral
response from his/her immediate supervisor at this Step, the member may
pursue the formal steps which follow. Before a grievance is placed in writing
pursuant to Step One, such grievance shall be screened by the
Grievance-Liaison Chairman or designee.
20

 (B)

(C)

Step One - Public Safety Director or Designee.
(1)

If the employee or the Union is unable to resolve a grievance
informally, a written statement of the grievance shall be prepared,
signed by the Grievant/Union and delivered to the Public Safety
Director or designee within fourteen (14) days following the events or
circumstances giving rise to the grievance or when the Grievant/Union
reasonably should have first known of the events or circumstances
giving rise to the grievance. Grievances brought to the attention of the
Public Safety Director or designee beyond the time limit shall not be
considered. A Grievant shall make every effort to specify the section or
sections of this agreement that are allegedly violated, misinterpreted,
or misapplied, the full facts on which the grievance is based and the
specific relief requested. After a grievance is filed, the member or the
Union may amend the grievance to clarify the relevant facts and
circumstances or to correct clerical errors no later than with the Step 2
filing, but may not amend the grievance to assert new claims, new
contract violations or to expand the scope of the relief sought without
the express written consent of the Labor Relations Manager or
designee.

(2)

Within ten (10) days of receipt of the Grievance Form, the Public
Safety Director or designee shall schedule and conduct a meeting to
discuss the grievance with the Grievant and the Grievance-Liaison
Chairman or designee.

(3)

At the conclusion of this meeting, and within the above time limit,
the Public Safety Director or designee shall affix a written response to
the Form, date and sign the response, and return all but one copy of it
to the member-grievant. If the aggrieved member does not refer this
grievance to the next step of this Procedure, the grievance shall be
considered to be satisfactorily resolved.

Step Two - Labor Relations Manager or Designee.
(1)

If the member is not satisfied with the answer in Step One, the
grievant may within ten (10) days of receiving the same, appeal the
grievance to Step Two by delivering or having delivered a copy of the
Grievance Form, containing the written responses at the prior Step,
and the grievant's reasons why the response at the previous Step was
not sufficient to resolve the grievance and any other pertinent
documents, to the office of the Labor Relations Manager or designee.
The Labor Relations Manager or designee shall date the Form,
showing the office's date of receipt.

(2)

Within fourteen (14) days of receipt of the Grievance Form, the Labor
Relations Manager or designee shall investigate the grievance and
shall schedule and conduct a meeting to discuss the grievance with
21

 the grievant. The grievant
Representative to the meeting.

(D)

may

bring

the

Grievance-Liaison

(3)

In the meeting called for at this Step, the Labor Relations Manager or
designee shall hear a full explanation of the grievance and the
material facts relating thereto.

(4)

Within ten (10) days of the meeting at this Step, the Labor Relations
Manager or designee shall submit to the Grievance-Liaison
Representative a written response to the grievance.

Step Three - Arbitration.
(1)

Arbitration Notification. If a Grievant, after receiving the written answer
to a grievance at Step Two of the Grievance Procedure, still feels that
the grievance has not been resolved to the Grievant's satisfaction, the
Grievant may request that the O.L.C. initiate arbitration. Should the
O.L.C. approve the request, the O.L.C. shall notify the Labor Relations
Manager or designee of the O.L.C.'s intention to proceed to arbitration
within twenty-one (21) days of the Grievance-Liaison Representative's
receipt of the written answer from the Labor Relations Manager or
designee at Step Two.

(2)

Selection of Arbitrator.

(3)

(a)

The parties will jointly request a list of seven (7) arbitrators from
the Federal Mediation and Conciliation Service (FMCS). The
parties shall alternately strike the names of the arbitrators until
only one (1) name remains. Either party may reject one (1) list
only and request from FMCS another list of seven (7)
arbitrators.

(b)

The arbitrator shall be notified of his\her selection to hear a
grievance by a joint letter from the Labor Relations Manager or
designee and the O.L.C., requesting that he/she set a date and
time for the hearing subject to the availability of the City and
O.L.C. representatives, provided that the hearing must be held
within sixty (60) calendar days following the selection of the
arbitrator. If the selected arbitrator is unable to schedule the
hearing within the sixty (60) day period, either the City or the
O.L.C. may initiate the process to select from another list of
arbitrators from FMCS; or the parties may mutually agree to
waive the sixty (60) day period.

Authority of Arbitrator. The arbitrator's role shall be to determine
whether a violation of this Contract has occurred. In fulfilling that role,
the arbitrator shall not add to, subtract from, change or modify any of
the terms of this Contract. In discipline cases the arbitrator's role shall
be limited to determining whether the member committed the act or
22

 omission for which the member was disciplined; if the arbitrator finds
that the member committed the act or omission, the disciplinary
penalty imposed by the Labor Relations Manager or designee shall
not be changed. The arbitrator shall consider and decide only the
question of whether there has been a violation, misinterpretation, or
misapplication of the specific provisions of this Contract based on the
specific issue submitted to the arbitrator by the parties in writing. If no
joint written stipulation of the issue is agreed to by the O.L.C. and the
City, the arbitrator shall be empowered to determine and decide the
issue raised by the grievance as submitted in writing at the First Step.
The arbitrator shall be without power to make recommendations
contrary to or inconsistent with any applicable laws or rules and
regulations of administrative bodies that have the force and effect of
law. The arbitrator shall not in any way limit or interfere with the
powers, duties and responsibilities of the City under law and
applicable court decisions. The decision of the arbitrator, if made in
accordance with the jurisdiction and authority granted to the arbitrator
pursuant to this Contract, will be accepted as final by the City, O.L.C.
and the member(s), and all parties will abide by it.
(4)

Arbitrator's Findings. The arbitrator shall include specific findings of
fact in his/her award and if a contract violation is found, he/she shall
state the specific contract article(s) and section(s) that have been
violated, the facts relied upon to find such a violation and the law, if
any, relied upon to reach his/her decision.

(5)

Arbitration Expenses. The cost of the arbitration hearing, including the
arbitrator's fee and expenses and the cost of the facility at which the
hearing is held, shall be shared equally by the parties. Upon a
separate motion by either party, the arbitrator will determine the
proportion of expenses to be paid by each party.

9.7 TIME OFF FOR PRESENTING GRIEVANCES.
A member and his/her Grievance-Liaison Representative shall be allowed time off from
regular duties with pay for attendance at scheduled meetings under the Grievance
Procedure with prior approval of their respective supervisors. The Grievance-Liaison
Representative or grievant must obtain prior approval from the grievant's immediate
supervisor, pursuant to Section 5.5 of this Contract, before conducting meetings with the
grievant while the grievant is on duty. Such approval by the supervisor shall not be
unreasonably withheld. The meetings between a grievant and his/her Grievance-Liaison
Representative shall be held at a police facility or the Union Office. The Grievance-Liaison
Representative shall be allowed adequate time, as approved by the supervisor, off the job
with pay to conduct a proper investigation of each grievance. Such approval will not be
unreasonably withheld and the withholding of such approval shall result in an automatic,
equivalent extension of time limits within which a grievant must appeal his/her grievance or
have it heard.

23

 9.8 ACCESS TO DOCUMENTS AND OTHER MATERIALS.
All documents and other materials upon which the City relies as the basis for the action
taken which gave rise to the grievance shall, upon request, be furnished to the
Grievance-Liaison Representative. The O.L.C. will, upon request, furnish to the City all
documents and other materials upon which it relies as the basis for its position on the
grievance.
9.9 GRIEVANCE-LIAISON REPRESENTATIVE.
Grievants and the Grievance-Liaison Representative shall not receive overtime pay to
engage in grievance activities provided for herein. The O.L.C. shall notify the Chief of Police
and the Labor Relations Manager or designee, in writing, of the name of the
Grievance-Liaison Representative immediately following his/her appointment.
9.10 TIME LIMITS.
It is the City's and the O.L.C.'s intention that all time limits in the above Grievance
Procedure shall be met. The parties' designated representatives may mutually agree, at any
Step, to shorten time extensions, but any such extension must be in writing and signed by
the parties. In the absence of such mutual extensions, at any Step where a response is not
forthcoming within the specified time limits, the grievance shall automatically be taken to the
next step of the procedure. Any Step in the Grievance Procedure may be waived on any
grievance by mutual written consent signed by both parties. Any dispute arising under
Section 9.6(A), Preliminary Step, may be processed through the chain of command whose
actions gave rise to the grievance if different from that of the grievant.
9.11 REPRESENTATIVES IN MEETINGS.
In each step of the Grievance Procedure outlined in Section 9.6, certain specific
representatives shall be given approval to attend the meetings therein prescribed. Either
party may bring additional representatives that are necessary to any meeting in the
Grievance Procedure.
9.12 GRIEVANCE FORMS.
The Labor Relations Manager or designee and the O.L.C. shall jointly develop a Grievance
Form. Such Forms will be supplied by the O.L.C. The Form is to be prepared in triplicate.
Copies of the completed Form, including the action taken, will be distributed as provided in
Section 9.6. The jointly-developed Grievance Form will be made available to the
Grievance-Liaison Representative.
9.13 NON-DISCRIMINATION.
No member or official of the Union shall be removed, disciplined, harassed, or discriminated
against because the member or Union official has filed or pursued a grievance under this
Article.

24

 ARTICLE 10 - LABOR RELATIONS MEETINGS

10.1 MEETINGS.
To facilitate communication, the City and the O.L.C. agree that the O.L.C. Grievance
Chairman and the Administrative Deputy Chief of Police may meet quarterly for the purpose
of discussing matters of mutual concern, if necessary. The City's Labor Relations Manager
shall serve as moderator/facilitator of such meetings. Additional meetings may be held upon
mutual agreement.
10.2 ADDITIONAL PARTICIPATION.
Upon mutual agreement, additional interested parties may become participants in any
meeting held under Section 10.1 above.

ARTICLE 11 - WORK RULES AND DIVISION DIRECTIVES

11.1 RULES AND DIRECTIVES.
The City agrees that, to the extent possible, work rules shall be reduced to writing and
provided to all members in advance of their enforcement. Any charge by a member that a
work rule or Division directive is in violation of this Contract, or has not been applied or
interpreted uniformly to all members, shall be a proper subject for a grievance. The City
shall provide the O.L.C. with copies of any revised or new work rules and Division directives
in advance of their intended effective dates. Members are required to adhere to the rules,
regulations, policies and directives of the City of Columbus and Division of Police.

ARTICLE 12 - NO STRIKE, NO LOCKOUT

12.1

NO STRIKE, NO LOCKOUT.
(A)

The O.L.C. agrees that it will not authorize, instigate, aid, condone, or engage
in any strike, work stoppage, or other action at any time which will interrupt or
interfere with the operation of the City. No member represented by the O.L.C.
shall cause or take part in any strike, work stoppage, slowdown, or other
action which will interrupt or interfere with the operation of the City. In the
event of a violation of this Article, the O.L.C. agrees to take affirmative steps
with the member concerned such as letters, bulletins, telegrams, and
member’s meetings to bring about an immediate resumption of normal work.

(B)

The City agrees that it will neither lockout members nor will it do anything to
provoke interruptions or prevent such continuity of performance by said

25

 members insofar as such performance is required in the normal and usual
operation of City services.
12.2 DEFINITIONS.
A "strike" means concerted action in failing to report to duty including, but not limited to,
willful absence from one's position, stoppage of work, slowdown, or abstinence in whole or
in part from the full, faithful, and proper performance of the duties of employment, sympathy
strike, secondary boycott, residential picketing, sit-down, concerted refusal to perform
overtime, mass absenteeism, mass resignations, or any other intentional interruption or
disruption of the operations of the City at any locations, regardless of the reason for doing
so.
12.3 VIOLATIONS.
Any or all members who violate any of the provisions of this Article may be discharged or
otherwise disciplined by the City. Any grievance regarding such discipline shall be subject to
immediate review at the Second Step of the Grievance Procedure as provided in Article 9.

ARTICLE 13 - MISCELLANEOUS

13.1 SAFE EQUIPMENT.
The City shall furnish and shall maintain in the best possible working condition, within the
limits of its financial capability, the necessary tools, facilities, vehicles, supplies, and
equipment required for members to safely carry out their duties. Members are responsible
for reporting unsafe conditions or practices, for avoiding negligence, and for properly using
and caring for tools, facilities, vehicles, supplies and equipment provided by the City.
13.2 LAYOFFS.
The Civil Service Commission is responsible for the establishment and the enforcement of
the rules governing layoffs. Both the City and the O.L.C. agree to strictly adhere to the layoff
rules established by the Civil Service Commission, however should the City intend to
institute a job abolishment or layoff action during the term of this contract, the City agrees to
provide notification to the O.L.C. of an impending layoff at least thirty (30) days in advance
of the intended effective date of this action.
13.3 CONTRACT COPIES.
As soon as practical following the signing of this Contract, the City and the O.L.C. agree to
equally share the responsibility of providing copies of the contract, and agree to equally
share the cost thereof, if any.
13.4 ASSIGNMENT OF CITY-OWNED MOTOR VEHICLES.
The Chief of Police shall maintain a policy for the assignment of City-owned vehicles and
parking spaces based upon the mission and operational needs of the Division of Police. The
elements of said policy will be established at the discretion of the Chief of Police, and the
parties shall be bound thereby.

26

 13.5 EMPLOYER PROVIDED TRAINING OPPORTUNITIES.
Any member who receives voluntary training outside the Division of Police for a job
assignment for which the City incurs costs of more than fifteen hundred dollars ($1,500.00)
in any twelve (12)-month period shall remain in that job classification for a minimum of
eighteen (18) months after the completion of such training. The fifteen hundred dollars
($1,500.00) shall include tuition; course fees, course materials and equipment; travel
expenses; and per diem. If the member fails to remain in the job classification for the
eighteen (18) month period for any reason, except for a promotion within the Public Safety
Department, death or disability retirement, the member will be required to repay such
training costs on a pro-rated basis for each month remaining of the eighteen (18) month
period. The cost of training to be repaid to the City is the amount resulting from dividing
eighteen (18) months by the months not served (e.g., the cost of the training divided by
eighteen (18) months and then multiplied by the number of months not served). Any
amounts due to the City under this pay back requirement shall be deducted from the
member’s final paycheck. The member shall make arrangements with the Appointing
Authority before the last day of employment for payment of any additional balance due.
A member may request exemption from repayment as a result of separation from City
service as outlined in this Section because of a catastrophic situation. The member’s
request must be submitted up to the Director of Public Safety whose decision will be final
and cannot be grieved. However, a meeting may be held between the member and the
Division Human Resources Manager to discuss the exemption request to clarify relevant
facts.
13.6 D.N.A. SWAB FOR LOCAL DATABASE.
All members in the crime laboratory and all Police Evidence Technicians shall, as a
condition of employment, be required to submit a D.N.A. swab for entry into the laboratory’s
local database.
13.7

TIME DONATION PROGRAM.

(I). Purpose.
Effective ninety (90) days after the effective date of this Contract, a time donation program
will be established to assist full-time employees, eligible to earn accruals, who have
exhausted all accumulated paid leave and all disability leave benefits available as a result of
a catastrophic illness or injury that is not job related. This program neither supersedes nor
replaces other disability programs covered by this Contract.
(II). Conditions.
An employee may utilize the time donation program only if all of the following conditions are
met:
(A) Prior to requesting approval for donation of vacation leave, the employee must
have exhausted all paid leave and disability leave benefits available to him/her; and
(B) The employee shall submit an application requesting donation of vacation leave
from other bargaining unit employees in the same division to the Director of the
Department of Human Resources or designee. The application shall include
acceptable medical documentation of a catastrophic illness or injury that is not job
27

 related, including diagnosis and prognosis. The injury or long-term illness must
require the employee to be away from work for at least one (1) full pay period. This
application shall be on a form mutually agreed to by the City and the Union; and
(C) The Director of the Department of Human Resources or designee shall
determine that the injury or long-term illness is catastrophic in nature and that the
employee is eligible to receive vacation leave donations from other bargaining unit
employees in the same division. If an employee works in a division with fewer than
forty (40) employees in the bargaining unit, the City would consider donations from
employees from outside the division, but inside the department; and
(D) The approved application shall be forwarded to the Local. The Local shall post a
notice on the Union bulletin boards to other bargaining unit employees in the same
division that the eligible employee may receive donations of vacation leave; and
(E) If the eligible employee is in a probationary period, the probation will be extended
by the number of days the employee is off duty receiving leave donations. The Civil
Service Commission must be notified of an extension of any probationary period;
and
(F) Donated leave shall be considered sick leave but shall never be converted into a
cash benefit.
(III). Employees Donating Vacation Time.
(A) An employee desiring to donate vacation leave shall submit a completed time
donation form to the Division payroll office.
(B) It is understood that all vacation leave donations are voluntary and once vacation
leave is donated, it will not be returned to the donating employee.
(C) All donated vacation leave shall be paid at the regular hourly rate of the
employee receiving and using the donated leave, not at the regular hourly rate of the
employee donating the leave.
(D) Vacation leave may be donated in increments of at least four (4) hours.
This is a completely voluntary program. A decision made by the City regarding
implementation, acceptance or rejection of an application for donations shall be final and
the same shall not be subject to the grievance and arbitration procedure.

28

 ARTICLE 14 - WAGES AND SERVICE CREDIT

14.1

GENERAL PAY PLAN.
(A)

Pay Ranges and Rates of Pay. The following pay ranges and hourly rates of
pay are hereby established as the "General Pay Plan" of this Contract.
These pay ranges and hourly rates of pay shall be applied to the several
classes of positions as set forth in Section 3.2. All members of the bargaining
unit (as of the date this Contract is passed by City Council) shall receive a
retroactive pay increase of three percent (3%) (as reflected in the table
below) to the pay period that includes June 16, 2017. Retroactive pay
increases shall be limited to straight-time (any time paid by the City, i.e.,
vacation, sick, injury, holiday, compensatory time, and time worked out-ofclass) and overtime.

Current Wages:
2016 Pay Plan Effective April 2,
2016
Pay Range

Step 0

Step 1

Step 2

Step 3

Step 4

Step 5

Step 6

Step 7

S6

20.82

22.26

23.72

25.17

26.76

28.03

-

-

S7

24.61

26.04

27.50

28.94

30.45

31.79

-

-

S8

28.43

29.85

31.34

32.91

34.55

36.28

39.18

42.32

S9

29.84

31.63

33.53

35.54

37.67

39.93

43.13

46.58

S10

33.41

35.41

37.54

39.79

42.18

44.71

48.29

52.15

2017 Pay Plan –
Effective June 16,
2017

3%

Pay Range

Step 6

Step 7

S6

Step 0
21.45

Step 1
22.93

Step 2
24.43

25.92

27.56

28.87

-

-

S7

25.35

26.82

28.32

29.80

31.37

32.74

-

-

S8

29.28

30.74

32.28

33.89

35.59

37.37

40.36

43.59

S9

30.73

32.58

34.53

36.61

38.80

41.13

44.42

47.97

S10

34.41

36.48

38.67

40.99

43.45

46.05

49.74

53.71

29

Step 3

Step 4

Step 5

 2018 Pay Plan –
Effective June 16,
2018

3%

Pay Range

Step 0

Step 2

Step 3

Step 4

Step 5

Step 6

Step 7

S6

22.09

23.61

25.16

26.70

28.39

29.74

-

-

S7

26.11

27.62

29.17

30.70

32.31

33.72

-

-

S8

30.16

31.66

33.25

34.91

36.66

38.49

41.57

44.89

S9

31.66

33.56

35.57

37.70

39.97

42.36

45.75

49.41

S10

35.44

37.57

39.83

42.22

44.75

47.43

51.23

55.33

2019 Pay Plan –
Effective June 16,
2019

3%

Pay Range

(B)

Step 1

Step 0

Step 1

Step 2

Step 3

Step 4

Step 5

Step 6

Step 7

S6

22.75

24.32

25.92

27.50

29.24

30.63

-

-

S7

26.89

28.45

30.05

31.62

33.28

34.73

-

-

S8

31.06

32.61

34.24

35.96

37.76

39.64

42.81

46.24

S9

32.61

34.56

36.64

38.84

41.17

43.64

47.13

50.90

S10

36.51

38.70

41.02

43.48

46.09

48.86

52.76

56.99

The system shall be applied in the following manner:
(1)

Full-time members with less than one (1) year of continuous service
shall be paid at a range applicable for their classification in Step 0.

(2)

Full-time members with more than one (1) year but less than two (2)
years continuous service shall be paid at a range applicable for their
classification in Step 1.

(3)

Full-time members with more than two (2) years continuous service
shall be paid at a range applicable for their classification in Step 2.

(4)

Full-time members with more than two (2) years continuous service
but less than three (3) years continuous service shall be paid at a
range applicable for their classification in Step 2. All full-time members
with more than three (3) years continuous service shall be paid at a
range applicable for their classification in Step 3.

(5)

Full-time members with more than three (3) years continuous service
but less than four (4) years continuous service shall be paid at a range
applicable for their classification in Step 3. All full-time members with
more than four (4) years continuous service shall be paid at a range
applicable for their classification in Step 4.

(6)

Full-time members with more than five (5) years continuous service
but less than six (6) years of continuous service shall be paid at a
range applicable for their classification in Step 5.
30

 14.2

(7)

Full-time members assigned to Pay Ranges S8, S9 and S10 with
more than six (6) years of continuous service but less than seven (7)
years of continuous service shall be paid at a range applicable for their
classification in Step 6.

(8)

Full-time members assigned to Pay Ranges S8, S9 and S10 with
seven (7) or more years of continuous service shall be paid at a range
applicable for their classification in Step 7.

(C)

Each year of continuous service shall be based upon a member's continuous
service as defined in Article 1, except as defined in Article 14, Section 14.2
(B).

(D)

Members shall qualify for the step increases provided for under this section
on the first day of the pay period following completion of each required year of
continuous service.

ADMINISTRATION OF PAY PLAN.
(A)

Pay Rates Established on Effective Date. Upon passage of this Contract by
City Council, the hourly rate of pay of each member covered by this contract
shall be at the sole pay rate established in Section 14.1.

(B)

Hiring Rate. The hiring rate for a class shall be at the lowest pay rate in the
range except as otherwise determined at the sole discretion of the Director of
Public Safety. The hiring rate may be at a step higher than Step 0 within the
assigned Pay Ranges as provided in this Article. Employees hired at a step
above Step 0 will, for the sole purpose of advancement through the pay
schedule pursuant to Section 14.1 (B), inherit the years of continuous service
assigned to the step in which the employee is hired. (For example, if an
employee is hired at Step 4, the employee will inherit four (4) years of
continuous service. Thereafter, the employee will advance to the next Step of
the pay schedule after each additional year of continuous service on the
anniversary of the employee’s date of hire.)

(C)

Demotion. Whenever a member demotes to a classification in a lower pay
range, that member’s pay rate will be at the lower pay range but in the same
step level as previously held by the member.

(D)

Full-time City Employment and Additional City Employment.
(1)

Full-time City Employment. The hourly rates of pay provided by this
Contract are fixed on the basis of full-time employment in full-time
positions.

31

 (2)

Additional City Employment.
(a)

Any member who simultaneously works in or occupies more
than one position is not entitled to and shall not receive
compensation, or any other benefits or privileges allowed for
employees by the City, for more than one position, unless
otherwise provided herein.

(b)

Any member who seeks or obtains additional City employment
beyond the member's present appointment shall first obtain, in
writing, the approval of the Appointing Authority of the
member's present position. Such written approval must be filed
with the member's personnel file. Failure to obtain written
permission shall subject the member to possible disciplinary
action. In such cases where total City employment exceeds
forty (40) hours in a workweek, the overtime provisions of
Article 15 of this Contract shall apply.

(c)

Upon approval of additional employment with the City, the
Appointing Authority for the member's present position shall, at
that time, determine in writing whether the member shall be
entitled and shall receive additional vacation and sick leave
benefits pursuant to the provisions of this Contract. In no event
shall the member receive injury leave or insurance coverage
beyond that provided for a member occupying only one
position.

(E)

Additional Compensation or Benefits. No member shall receive, and the
City Treasurer is hereby directed not to draw any checks, or any additional
compensation in any form, sick and injury leave, vacation, insurance
coverage and any and all other benefits and privileges, for any member who
substitutes or acts for another in the position of another, other than the
position to which he/she was appointed pursuant to the Ohio Constitution,
City Charter provisions, and the rules and regulations of the Civil Service
Commission. No Appointing Authority shall appoint any person or submit any
personnel action form contrary to said constitution, charter and rules and
regulations and the provisions of this Contract, except as otherwise provided
in Section 15.10 of this Contract.

(F)

Payroll Deductions. Payroll deductions shall be governed first by the ability
of the City Auditor's payroll system to handle them, and secondly, upon a
determination by the City of the type of payroll deductions which are to be
offered to employees and also based upon which ones will benefit the largest
number of employees. Deductions or withholdings, except where demanded
or required by law, must be agreed to in writing by the member with the
specific reason stated in writing and filed with the Appointing Authority.

32

 (G)

City Council Authorization Required. The Civil Service Commission and
the City Auditor are hereby prohibited from approving and/or paying any pay
rate based on the assignment of any class to a pay range not specifically
authorized by the parties and approved by City Council.

14.3 SERVICE CREDIT.
A service credit payment shall be paid during December of each year to those full-time
employees of the City, who are in active service, paid status or authorized leave without pay
as of November 30 of each calendar year. The computation of the total years of continuous
service as set forth in the following schedule shall be based upon paid status in a full-time
position as of November 30 of the appropriate calendar year. For the sole purpose of
determining service credit in this Section, the years of continuous service in the schedule
below shall include military leave without pay, leave without pay due to a City injury when
the member is receiving payments in lieu of wages from the Ohio Bureau of Workers'
Compensation, and other administrative leave without pay as authorized by the Appointing
Authority for activities connected with City employee relations. No service credit shall be
allowed or paid to any member for time lost for any other leave without pay or time lost as a
result of disciplinary action.
The following service credit schedule shall be used for all eligible bargaining unit
employees.
SERVICE CREDIT PAYMENT SCHEDULE
EFFECTIVE 2017
More than 5 years of continuous service
More than 8 years of continuous service
More than 14 years of continuous service
More than 20 years of continuous service
More than 25 years of continuous service

$650
$750
$850
$1050
$1100

14.4 EMPLOYEE'S CONTRIBUTION TO PERS.
That portion of an employee’s contribution made to the Ohio Public Employees Retirement
System equal to three percent (3%) of the employee’s earned compensation shall be picked
up (assumed and paid) on behalf of the employee, and in lieu of payment by the employee,
by the City of Columbus. The provisions of this paragraph shall apply uniformly to said
members and no such member shall have the option to elect a wage increase or other
benefit in lieu of the payment provided for herein. Any remaining portion of the member’s
contribution that might exist shall continue to be paid by the member
Effective with the pay period that includes August 4, 2017, that portion of an employee’s
contribution made to the Ohio Public Employees Retirement System equal to two percent
(2%) of the employee’s earned compensation shall be picked up (assumed and paid) on
behalf of the employee, and in lieu of payment by the employee, by the City of Columbus.
The provisions of this paragraph shall apply uniformly to said members and no such
member shall have the option to elect a wage increase or other benefit in lieu of the
payment provided for herein. Any remaining portion of the member’s contribution that might
exist shall continue to be paid by the member.
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 Effective with the pay period that includes August 4, 2018, that portion of an employee’s
contribution made to the Ohio Public Employees Retirement System equal to one percent
(1%) of the employee’s earned compensation shall be picked up (assumed and paid) on
behalf of the employee, and in lieu of payment by the employee, by the City of Columbus.
The provisions of this paragraph shall apply uniformly to said members and no such
member shall have the option to elect a wage increase or other benefit in lieu of the
payment provided for herein. Any remaining portion of the member’s contribution that might
exist shall continue to be paid by the member.
Effective with the pay period that includes August 4, 2019, that portion of an employee’s
contribution made to the Ohio Public Employees Retirement System equal to zero percent
(0%) of the employee’s earned compensation shall be picked up (assumed and paid) on
behalf of the employee, and in lieu of payment by the employee, by the City of Columbus.
The provisions of this paragraph shall apply uniformly to said members and no such
member shall have the option to elect a wage increase or other benefit in lieu of the
payment provided for herein. Any remaining portion of the member’s contribution that might
exist shall continue to be paid by the member.
The provisions of this Section 14.4 shall not apply to any employee hired (initial day of
employment) by the City on or after August 4, 2013, or as soon as practical thereafter; and
such employee will be responsible for paying the full employee contribution to the Fund.
This contribution is a salary reduction employer pick-up and is tax deferred.
The term "earned compensation" shall mean any and all monies earned by a member from
the City, for which there is a pension contribution. The City shall, in reporting and making
remittances to the Ohio Public Employee Retirement System, report that each member’s
contribution has been made as provided by Statute. The City hereby declares that the sum
paid hereunder by the City on behalf of a member is not to be considered additional salary
or wages and shall not be treated as increased compensation. For purposes of computing
the member’s earnings or basis of his/her contribution to the Ohio Public Employee
Retirement System, the amount paid by the City on behalf of a member as a portion of
his/her statutory obligation is intended to be and shall be considered as having been paid by
the member in fulfillment of his/her statutory obligation.

ARTICLE 15 - HOURS OF WORK, OVERTIME, AND REPORT-IN PAY

15.1

REPORT-IN AND CALL-IN PAY.
(A)

When any full-time member reports for work in his/her regular shift and has not
received notification from his/her immediate supervisor by the previous
workday not to report, he/she shall be assigned at least three (3) hours of work
at any available job or in the event that no work is available, he/she shall be
paid three (3) hours straight-time at his/her regular hourly rate and released
from duty no more than thirty (30) minutes after the report-in time.

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 (B)

15.2

When any full-time member is required to report to work after he/she has
been relieved of duty upon the completion of the member's regular schedule
and he/she reports, he/she shall be paid for a minimum of four (4) hours at
time and one-half his/her regular hourly rate. If the call-back occurs within two
(2) hours of the start of the member's regular shift, he/she shall be paid a
minimum of two (2) hours at time and one-half his/her regular hourly rate.
This provision does not apply in cases of overtime authorized as an extension
of a regular shift.

WORKWEEK.
(A)

Normal Workweek. The normal workweek for full-time members shall be
forty (40) hours of work in five (5) consecutive days of eight (8) consecutive
hours each day, during the period beginning at 12:01 a.m. Sunday and
ending at midnight Saturday.
In twenty-four (24) hour operations or where there is a continuous
seven-day-a-week operation made necessary because of the nature of the
work, the normal workweek for full-time members shall be forty (40) hours of
work in five (5) consecutive days of eight (8) consecutive hours each day
during the period starting 12:01 a.m. Sunday to midnight Saturday. Special
work schedules may have hours of work and provisions other than the
foregoing or other than those listed elsewhere in this Contract.

(B)

Overtime eligibility and pay.
(1)

Time and one-half (1½) the straight-time hourly rate will be paid for
time worked over eight (8) straight-time hours per day.

(2)

Time and one-half (1½) will be paid for time worked on a member's
regular days off providing that said member has accumulated forty
(40) straight-time hours in paid status during that workweek. For all
purposes of this Section 15.2, paid status will not include sick leave,
injury leave or disability leave.

(3)

Time worked due to work schedules being changed at the request of
the member is not subject to overtime compensation to the extent
permitted by the Fair Labor Standards Act.

(4)

Members working a non-standard workweek shall be compensated at
straight-time rates for all hours in paid status, except that all hours in
paid status in excess of ten (10) in any day or forty (40) in any nonstandard workweek shall be compensated for at a rate of time and
one-half (1½) provided the member has accumulated forty (40)
straight-time hours in paid status in the non-standard workweek. For
purposes of this Section 15.2, paid status will not include sick leave,
injury leave or disability leave.

35

 (C)

Non-Standard Workweek. At the written request of the member, the City may
approve a non-standard workweek consisting of four (4) consecutive ten (10)
hour workdays, with three (3) consecutive days off, with the following
conditions:
(1)

Members must submit a rationale for the proposed non-standard
workweek with their written request. All details relating to the nonstandard workweek must be resolved as a condition of approval of the
non-standard workweek.

(2)

Approval of non-standard workweek must be obtained from the Chief
of Police and the Appointing Authority.

(3)

The City retains the right to modify the non-standard workweek
schedule based on divisional needs. In case of non-emergency, the
City will notify the member at least two (2) weeks prior to the
modification. In cases of emergency no prior notification is needed.

15.3 OVERTIME POLICY.
It shall be the policy of the Division to avoid overtime work except when absolutely
necessary. The Division shall not compensate for overtime work in any form or manner
except on the advance authorization of the appropriate supervisor, except that in an
emergency such authorization may be granted subsequently.
15.4 DISTRIBUTION OF OVERTIME.
Members within the same classification and with the same work capabilities within the same
reporting location who are participating in the overtime provisions shall have an equal
opportunity to earn voluntary overtime pay.
15.5

COURT PAY.
(A)

When an off-duty member is subpoenaed to court and so reports, the
member shall be paid or credited a minimum of three (3) hours at the
member's appropriate rate of pay.

(B)

If the member is notified not to appear in court at least the day before he/she
is required by subpoena to appear in court, no court pay shall be provided.

(C)

The following provisions shall apply to members scheduled to appear in court
other than during regularly scheduled working hours.
(1)

A member who receives a subpoena requiring a court appearance
after 12:00 noon shall contact the appropriate Liaison Unit for approval
to attend. The members shall seek such approval between 11:30 a.m.
and 12:30 p.m. on the date of the scheduled court appearance. If the
court appearance is canceled, the member shall be paid or credited
for one (1) hour at the member's straight-time rate.

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 (2)

When a member is subpoenaed for a court appearance on his/her
regularly scheduled day off and is notified on that day not to appear,
as provided herein, the member shall be paid or credited with two (2)
hours at the straight-time rate.

15.6 LUNCH PERIODS.
All members shall be granted a one-half (½) hour paid lunch period during each full eight (8)
hour shift. There will be no breaks granted during said full shift. Whenever possible the
lunch period shall be scheduled at the middle of each full shift. When an emergency or
scheduled overtime extends the workday by more than four (4) hours, an additional lunch
period shall be granted.
15.7 PUNCTUALITY.
Members are required to be punctual.
15.8

COMPENSATORY TIME.
(A)

Calculation. Compensatory time is time earned on a premium basis. The
amount of compensatory time earned is calculated by multiplying the number
of hours actually worked on an authorized premium basis by one and one-half
(1½) when time and one-half is applicable. The compensatory time account
balances shall be maintained in units of hours.

(B)

Eligibility. A compensatory time account may be established for full-time
members. Compensatory time may only be earned in lieu of payment for
authorized time worked on a premium basis. The member may, at the
member’s option, receive either payment or compensatory time for time
worked on a premium basis.

(C)

Conditions. The following conditions shall govern the use of compensatory
time:
(1)

Compensatory time upon request by the member may be taken by the
employee at such time or times as may be approved by the Chief of
Police. Compensatory time may be used in units of one-tenth of an
hour.

(2)

A member who is about to be separated from City service for any
reason and who has an unused compensatory time account balance
to the member’s credit shall be paid such account balance upon
separation. Such payment shall be calculated by multiplying the
member's regular hourly straight time wage rate by the number of
hours in the member’s compensatory time account upon separation.
No interest is to be paid by the City on any compensatory time
account.

(3)

(D)

Election of Payment. A member shall choose their compensation bank at
zero (0) hours, forty (40) hours, eighty (80) hours, one hundred twenty (120)
37

 hours or one hundred sixty (160) hours at the beginning of the fiscal year on a
form designated by the Police Division.
15.9 WORKING OUT OF CLASSIFICATION PAY.
If a member is required to perform the duties of a higher classification for eight (8) or more
consecutive hours, the member shall be paid four percent (4%) above the member’s current
wage rate for each hour worked in the higher classification for all hours during which they
perform such duties.
If a member is required to perform the duties of the next higher classification as a result of a
vacancy in that rank, and if the member performs such duties continuously and is
subsequently promoted without interruption (i.e., without first being returned to the
member’s prior assignment), then the member’s seniority date for the new classification
shall be the date of assignment to the next higher classification which immediately preceded
the promotion.

ARTICLE 16 - SHIFT DIFFERENTIAL PAY

16.1 SHIFT DESIGNATION.
The Chief of Police at the time of hire shall designate or assign the applicable shift for each
new hire. The shift designation shall determine the shift differential for the entire shift.
16.2 SHIFT DIFFERENTIAL PAY RATES.
A differential in pay of eighty cents ($.80) per hour over the regular hourly rate shall be paid
to members who are assigned to work either the second or third shifts.
16.3 METHOD OF PAYMENT.
For purposes of computing leave with pay except for compensatory time, shift differential
shall not be paid in addition to regular pay. In those offices where only one (1) shift prevails,
no differential shall be paid regardless of the hours of the day that are worked. Shift
differential pay shall be added to the base hourly rate prior to computing the overtime rate.

ARTICLE 17 - UNIFORMS

17.1 ESTABLISHMENT OF UNIFORM POLICY.
The Appointing Authority or designee shall establish policies regarding the necessity and
types of work uniforms to be made available to members. The City shall enter into
appropriate contracts with vendors to provide items of clothing required under the
Appointing Authority's policies. If uniforms are required, members shall be furnished with a
voucher to obtain the appropriate types and quantities. The purchase, fitting and cleaning of
uniforms shall be done outside of work time.

38

 17.2 UNIFORM COMMITTEE.
O.L.C. may designate a committee of three (3) members to make recommendations (which
represent a consensus of the committee) to the Chief of Police concerning members'
uniforms. Any proposed change(s) to the uniforms shall be reviewed by the Uniform
Committee, and the Committee shall make a recommendation to the Chief of Police
regarding such proposed change(s) prior to the final decision by the Chief.
17.3 UNIFORMS.
Eligible employees that are required to wear uniforms shall be issued uniforms according to
the Professional Appearance policy in the Division Directives.
(A)

Required Issue. The City shall continue to furnish all other clothing and
equipment traditionally furnished or as required by the Division for an
employee’s assignment.

(B)

Initial Issue. Upon initial appointment, the City shall furnish each eligible
uniformed employee, at no cost to the employee, with the uniform and
equipment set forth in the Division Directives.

(C)

Replacement Parts. The City shall be responsible for providing replacement
parts to replace those parts that have become worn, damaged, otherwise
unserviceable, lost or stolen, if not due to the employee’s negligence.

ARTICLE 18 - HOLIDAYS

18.1 HOLIDAYS.
The following are designated as paid holidays for members:
New Year's Day, January 1
Martin Luther King Day, the third Monday in January
Washington's Birthday, the third Monday in February
Memorial Day, the last Monday in May
Independence Day, July 4
Labor Day, the first Monday in September
Columbus Day, the second Monday in October
Thanksgiving Day, the fourth Thursday in November
Christmas Day, December 25
Member's Birthday
Any special holiday proclaimed by the Mayor
18.2 HOLIDAY TIME OFF.
For each holiday observed on a member's workday, said member shall work that holiday
unless the member requests and is granted the day off by the Chief of Police through the
use of paid leave.

39

 18.3 HOLIDAY PAYMENT.
A member, except as provided in Section 18.9 hereof, shall be compensated an additional
eight (8) hours for each of the holidays specified in Section 18.1 for which the member was
in paid status and holiday leave was not used. Payment shall be made in one (1) lump sum
installment. Payment will be made after December 31 each year but before January 31 of
the next year.
18.4 HOURLY RATE FOR HOLIDAYS.
The wage rate to be used to calculate the lump sum payment shall be the regular hourly
rate earned by the member at the end of the pay period prior to the issuance of the lump
sum payment.
18.5 PRORATED PAYMENT FOR HOLIDAYS.
Upon termination for any reason, members who are eligible for holiday payment will be paid
as part of their terminal pay, the final partial year holiday pay on a prorated pay basis.
Prorated payment shall be computed by multiplying the holiday hours accrued by the
appropriate wage rate in effect at the time of termination.
18.6 CELEBRATION DAY FOR HOLIDAYS.
For purposes of holidays, holiday time shall apply to the tour of duty beginning on the day
which is celebrated as a holiday.
18.7 BIRTHDAY HOLIDAY.
If a member's birthday falls on the day celebrated as another of the holidays mentioned in
Section 18.1, the member shall be granted and compensated for one (1) additional holiday
for the member's birthday.
18.8 USE OF HOLIDAY LEAVE.
A member may use holiday leave on the day the holiday is celebrated or on any day
thereafter until the end of the fiscal year. Holiday leave not used on the holiday may be
taken in one (1) hour increments.
18.9 APPLICATION TO STEP 0 MEMBERS.
Should a day celebrated as one of the above named paid holidays fall on the Step 0
employee's normal workday, Step 0 members shall not work on said holiday, shall receive
no additional pay for said holiday, but shall be paid eight (8) hours pay for said workday as
though the member worked it. Should a holiday be celebrated on other than the Step 0
member's normal workday, the Step 0 member shall not work said holiday but shall receive
eight (8) hours holiday pay for any such holiday as part of the lump sum annual holiday
payment the member is to receive.
18.10 SEPARATION FOR HOLIDAY AND OVERTIME ACCUMULATION.
A member who is owed compensation for overtime worked and for work on a holiday shall
be compensated at the time of separation. Such compensation shall be computed at the
rate in effect for said member at the time of separation.

40

 ARTICLE 19 - VACATION LEAVE

19.1 VACATION LEAVE.
The vacation year for members shall end at the close of business on the last day of the first
pay period that begins in the month of January.
19.2 VACATION ACCRUAL.
Each full-time member working a forty (40) hour workweek shall earn vacation in
accordance with the schedule below. The vacation accrual schedule shall be as follows:
(A)

(B)

(C)

Years of Total
City Service

Hours Per
Pay Period

Days Per
Year

6 months but less than 3 years
3 years but less than 6 years
6 years but less than 13 years
13 years but less than 20 years
20 or more years

3.077 hours
4.924 hours
7.077 hours
8.000 hours
9.231 hours

10 days
16 days
23 days
26 days
30 days

Any vacation balance in excess of the amounts listed below shall
become void as of the close of business on the last day of the first full
pay period that begins in the month of January:
Years of Total
City Service

Maximum Vacation
Balances

6 months but less than 3 years
3 years but less than 6 years
6 years but less than 13 years
13 years but less than 20 years
20 or more years

160 hours (20 days)
256 hours (32 days)
368 hours (46 days)
416 hours (52 days)
480 hours (60 days)

For the purposes of this Article, total City service is defined to include all
periods of full-time employment with the City. Any periods of interruption
of service (including but not limited to resignation, layoff, or discharge for
cause) will not be included in the computation of City service for the
purpose of this Article. However, any member who has retired from the
State of Ohio or any of its political subdivisions, and is reemployed or
hired by the City, shall not have prior service with the City counted for
purposes of determining the vacation accrual rate.
Vacation accrual rates are based on "total City service," as outlined in
the preceding paragraph, except for members whose most recent date
of hire was prior to July 5, 1987, where total City service for purposes of
vacation accrual is defined to be the total of all periods of full-time
employment with the City, the State of Ohio and any political subdivision
of the State. However, any member not employed in the bargaining unit
41

 as of the effective date of this Contract and any member who has retired
from the State of Ohio or any of its political subdivisions including the
City, and is reemployed or hired by the City on or after June 24, 1987,
shall not have prior service with the City, the State or Ohio or any of its
political subdivisions recognized for purposes of determining the
vacation accrual rate.
Requests for recognition of periods of full-time service with the State of
Ohio and its political subdivisions for accrual rate purposes shall be
made in writing and forwarded to the City Auditor through the Appointing
Authority before adjustments can be made to the vacation accrual rate.
Adjustments to vacation accrual rates, based on previous employment
with the State of Ohio or political subdivisions of the State as specified
herein, shall be effective as soon as practicable following the verification
by the Appointing Authority and certification by the City Auditor. This
computation will be used only for the purpose of determining the rate at
which vacation is earned.
The provisions of Section 19.2 shall be in lieu of any prospective or
retrospective application of Section 9.44 of the Ohio Revised Code. For
all purposes herein, the parties agree that Section 9.44 of the Ohio
Revised Code does not apply to this Contract or to any members in the
bargaining unit.
19.3 PAYMENT FOR EXCESS VACATION BALANCES.
At the end of the last pay period in the vacation year, members may be paid for
any vacation balances in excess of the maximums fixed by Section 19.2 of this
Article upon certification by the Appointing Authority to the City Auditor and the
approval of the City Council that due to emergency work requirements it is not in
the best interests of the City to permit the member to take vacation leave which
would otherwise be forfeited as provided in Section 19.2.
19.4 EFFECT OF UNPAID STATUS ON VACATION ACCRUAL.
No vacation credit shall be allowed for any member working a forty (40) hour
workweek for any pay period in which such member is off duty and not in paid
status for more than eight (8) hours of regularly scheduled work except for paid
military leave; and except that when a member is required to report for work and
does so report and is denied work because of circumstances beyond the
member’s control, absence from work for the balance of that workday shall not
be construed as unpaid work status for the purpose of this Article.
19.5 SEPARATION PAYMENT FOR VACATION.
A full-time member with more than thirteen (13) pay periods of vacation accrual
in paid status who is about to be separated from City service through discharge,
resignation, retirement, or layoff and who has unused vacation leave to the
member’s credit, shall be paid in a lump sum, less applicable withholding and
any amounts owed by the member to the City, for each hour of unused vacation
leave in lieu of granting such member a vacation leave after his/her last day of
active service with the City, provided, however, that such payment shall not
42

 exceed the maximum number of vacation hours outlined in Section 19.2 based
on length of total City service. However, such payment for members who retire
shall be permitted to exceed the maximum accrual in Section 19.2(B) only to the
extent that the member’s vacation leave account at the time of retirement
exceeds the maximum accrual as a result of vacation time earned in the
member’s last “vacation year” as that term is defined in Section 19.1. Vacation
balances over the maximum accrual of less than one (1) full hour shall not be
paid.
19.6 PAYMENT OF VACATION BALANCES OF DECEASED EMPLOYEES.
When a member dies while in paid status, any unused vacation leave to his/her
credit shall be paid to the surviving spouse. In the event the member has no
surviving spouse, said balance shall be paid to the estate of the deceased, any
other provisions of this Article notwithstanding.
19.7

USE OF VACATION.
(A)

All vacation leaves shall be taken at such times as may be
approved by the Appointing Authority.

(B)

For new hires or rehires, no vacation leave may be granted until
the member has accrued thirteen (13) pay periods of vacation
hours in continuous active City service at the rate of vacation
accrual appropriate for that member.

(C)

Vacation leave may be taken in increments of one-tenth (1/10) of
an hour with the approval of the Appointing Authority.

ARTICLE 20 - SICK LEAVE

20.1

SICK LEAVE ACCRUAL.
(A)

Each member shall receive sick leave as follows: No sick leave
credit shall accrue for any such pay period in which such
member is off duty and not in paid status more than eight (8)
hours of regularly scheduled work except for paid military leave.
During the first pay period of each calendar year, each full-time
member employed on that date shall be credited with seventytwo (72) hours of sick leave with pay (hereafter referred to as
"sick leave entitlement") for the remainder of that calendar year.
Each full-time member hired on or after the first pay period of
each year shall, on the date of hire, receive sick leave
entitlement for the remainder of that calendar year computed as
follows: six (6.0) hours for each calendar month in the calendar
year of hire, commencing with the month following the month in
which the member was hired. However, for each full calendar
month in which a member is in unpaid status, six (6.0) hours
43

 shall be deducted from his/her paid sick leave entitlement. When
a member is required to report to work and does so report but is
denied work because of circumstances beyond his/her control,
absence from work for the balance of that calendar month shall
not be considered as unpaid work status for the purposes of this
section.

20.2

(B)

Sick leave shall be cumulative and any member having unused
sick leave prior to the effective date of this Contract shall be
credited with such unused sick leave for the purpose of this
Contract.

(C)

No sick leave with pay shall accrue except for service as an
employee of the City of Columbus.

(D)

No unearned sick leave may be granted to any member except
as provided herein. Sick leave may be approved in multiples of
one-tenth (1/10) of an hour.

(E)

No sick leave with pay shall accrue except for service as an
employee of the City of Columbus, except that an employee who
has been employed by the State of Ohio, or any political
subdivision thereof, shall be credited with any certified, unused
and unpaid balance of accumulated sick leave earned in such
service, provided employment with the City occurs within ten (10)
years after leaving his/her prior position. Such unused sick leave
balance shall be subject to all provisions of this Article, with the
exception that such unused sick leave shall not be eligible for
payment as described in Section 20.3.

USE OF SICK LEAVE.
(A)

Sick leave with pay shall be granted only for the following
reasons:
(1)

Sickness of the member.

(2)

Injury to the member which is not subject to the provisions
of Article 21, Injury Leave.

(3)

Medical, dental, or optical consultation or treatment of the
member, whether work or non-work related.

(4)

Sickness of a spouse, domestic partner provided the terms
of Ordinance No. 1077-2010, as amended, are met, child,
step-child, and upon prior approval of the Chief of Police,
a family member who is dependent for his/her health and
well-being on the member. [Note: This definition does not
apply to the Family and Medical Leave Act.] Members
44

 shall be granted not more than five (5) workdays in any
calendar year for sickness of family members listed herein.
The Chief of Police or designee may require a certificate
of the attending physician before paying any member
under this Paragraph. In special cases where the Public
Safety Director deems that more than five (5) workdays
are necessary, the Director may, in his/her sole discretion,
grant such leave.
(5)

Quarantine of a member because of exposure to a
contagious disease. The Chief of Police or designee shall
require a certificate of the attending physician before
paying any member under this Paragraph.

(6)

Any member scheduled to work on a holiday as
designated in Article 18 who reports sick shall be charged
sick leave with pay for the number of hours that comprise
the holiday.

(7)

In the event a member uses all his/her injury leave time
and is still unable to return to active duty, he/she may,
with the approval of the Public Safety Director, use any
sick leave, compensatory time and vacation time to which
the member is otherwise entitled.

(8)

Death in the immediate family, as that term is defined in
Article 1, for up to five (5) work days per instance.

(B)

The Chief of Police may require evidence as to the adequacy of
the reason for any member's absence during the time for which
sick leave is requested for more than three (3) days, or when the
chain of command has cause to believe that the sick leave was
not used for the purpose requested.

(C)

A member on sick leave with pay is expected to be at the
member’s place of residence during duty hours and may be
required to show just cause for not being at home during regular
duty hours.

(D)

Sick leave with pay shall be charged at the rate of one-tenth
(1/10) of an hour for each one-tenth (1/10) of an hour of regularly
scheduled work from which a member is absent, when sick leave
is chargeable to such absence under the provisions of this
Article.

(E)

Pregnancy-related disabilities shall be treated as any other
non-work-related disability.

45

 20.3

PAYMENT UPON SEPARATION OR DEATH.
(A)

A member who is to be separated from the City service through
discharge, resignation, retirement, or layoff, may, if he/she so
desires, be paid in lump sum one (1) hour of pay for each six (6)
hours of unused sick leave to his/her credit for total accruals up
to and including 1,100 hours; one (1) hour of pay for each three
(3) hours of unused sick leave to his/her credit for all accruals in
excess of 1,100 hours up to and including 2,300 hours. Such
payment shall be paid at the member's hourly rate of pay at time
of separation.

(B)

No reimbursement shall be made to any member with less than
one (1) year of service or one hundred ninety-two (192) hours
accrued sick leave credit, except that, when a member dies while
in paid status, all unused sick leave to his/her credit shall be paid
in a lump sum to the surviving spouse. In the event the member
has no surviving spouse, said balance shall be paid to the estate
of the deceased, at the rates provided in the above Paragraph.

(C)

A member who is separated from City service through discharge,
resignation, retirement or layoff on or before December 31 of any
year, the number of sick leave hours which that member has to
his/her credit at the time of separation shall be reduced by the
number of paid sick leave hours used plus six (6.0) hours for
each calendar month remaining in the calendar year following the
month of separation. If, after such calculation, the member has
any unused sick leave hours for that calendar year, the member
shall be paid, at the time of separation, for such unused sick
leave hours for that year, at his/her regular straight-time hourly
rate in effect at that time, less applicable withholding and any
amounts owed by the member to the City. If, after such
calculation, the member has used more sick leave hours than
that to which he/she was entitled, an amount shall be deducted
from his/her final paycheck for such hours, at his/her regular
straight-time hourly rate in effect at that time, or the member shall
develop a schedule, that is acceptable to the City, to repay the
dollar value of the reduced number of sick leave hours.

20.4
CONVERSION OF SICK LEAVE AND PAYMENT OF SICK LEAVE
RECIPROCITY.
A member must select between receiving sick leave reciprocity or conversion of sick
leave as outlined herein.
(A)

Conversion of Sick Leave. Each member may, during the
month of January of each year, convert sick leave to vacation
leave subject to the following conditions:
(1)

A member must convert in eight (8) hour increments.
46

 (B)

(2)

A member may convert up to sixty-four (64) hours of sick
leave.

(3)

Sick leave shall be converted at a rate of one (1) hour of
sick leave for one (1) hour of vacation leave.

(4)

Once sick leave has been converted to vacation leave, it
shall not be converted back to sick leave.

Payment of Sick Leave Reciprocity.
(1)

Each full-time member shall be paid, at his/her regular
straight-time hourly rate in effect on December 31 of the
previous year, for any unused sick leave hours awarded
during the preceding calendar year, up to a maximum of
seventy-two (72) hours, on a one-for-one basis, or at the
member's option, may carry over any unused sick leave
hours to the next year.

(2)

No interest is planned or to be paid by the City on this
account.

ARTICLE 21 - INJURY LEAVE

21.1 INJURY LEAVE WITH PAY.
All members shall be allowed injury leave with pay up to a maximum of forty (40)
work days per calendar year for on-the-job injuries, not to exceed a total of eighty
(80) workdays per injury. The eighty (80) day total shall apply to any injuries (and
any recurrences of the same injuries) occurring on or after January 1, 2012. Any
injury leave which is granted for reasons permissible under a FMLA leave as
provided in Section 22.6 shall be charged as a FMLA leave and shall be subject
to the twelve (12) week per year limitation for the length of a FMLA leave.
For all injuries that occurred in 2011, all members shall be allowed injury leave
with pay up to a maximum of fifty (50) workdays per calendar year for on-the-job
injuries, not to exceed a total of one hundred (100) workdays per injury, for onthe-job injuries that meet the requirements set forth in this Article. The one
hundred (100) day total shall apply to injuries (and any recurrences of the same
injuries) that occurred in 2011.
For all injuries that occurred prior to January 1, 2011, all members shall be
allowed injury leave with pay up to a maximum of sixty (60) workdays per
calendar year for on-the-job injuries, not to exceed a total of one hundred twenty
(120) workdays per injury, for on-the-job injuries that meet the requirements set
forth in this Article.
The one hundred twenty (120) day total shall apply to
47

 injuries (and any recurrences of the same injuries) that occurred prior to January
1, 2011.
Injuries must be reported to the member's immediate supervisor no more than
forty-eight (48) hours after such injury is known. If a member who has been
granted injury leave does not begin receiving payments in lieu of wages from the
Ohio Bureau of Workers' Compensation by the time the injury leave has been
utilized, and the member has a claim filed under the Ohio Workers'
Compensation laws for such payment, then the City shall continue to pay the
member seventy-two percent (72%) of his/her wages until such time as
payments from the Bureau are received or the claim is denied by the Bureau. In
any instance of double payment by both the City and the Bureau for the same
day or days, the member shall provide full reimbursement to the City in a prompt
manner.
21.2 ELIGIBLE INJURIES.
Injury leave with pay shall be granted to a member only for injuries determined by
the Director of Human Resources or designee as caused by the actual
performance of the duties of the member's position.
21.3 REPORTING REQUIREMENTS.
A report of the cause of all injuries signed by the immediate supervisor, the
Division Administrator, and the Appointing Authority shall be submitted to the
Director of Human Resources or designee within four (4) days of the date the
injury is reported by the member on forms designed and furnished by the Director
of Human Resources or his/her designee.
21.4 AUTHORIZATION OF INJURY LEAVE.
No member shall be granted injury leave with pay unless the Appointing Authority
has in his/her possession written authorization signed by the Director of Human
Resources or designee indicating the approximate length of the leave. No
member on injury leave shall be returned to work without the written approval of
an attending physician. If there is a recurrence of a previous injury, the
Appointing Authority must request approval of injury leave for each recurrence. If,
in the judgment of the Director of Human Resources or designee, the injury is
such that the member is capable of performing his/her regular duties or light
duties during the period of convalescence, the Director of Human Resources or
designee shall so notify the Appointing Authority in writing and deny injury leave
with pay. Whenever a member is required to stop working because of an injury or
other service-connected disability, he/she shall be paid for the remaining hours of
that day or shift at his/her regular rate, and such time shall not be charged to
leave of any kind.
21.5 APPEALS TO THE BOARD OF INDUSTRIAL RELATIONS.
Any injured member may appeal the decision of the Director of Human
Resources or designee by written notice to the Board of Industrial Relations
within ten (10) days of notification that injury leave has been denied. The Board
of Industrial Relations, at the City's expense, may require a member to be
examined by a physician of the Board's choice.
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 21.6 LEAVE WHILE CLAIM IS PENDING.
Pending a decision by the Director of Human Resources or designee, a member
applying for injury leave may be carried on sick leave or vacation leave with pay,
in that order, which shall be restored to his/her credit upon certification by the
Director of Human Resources or designee that injury leave has been approved.
However, when a member is applying for injury leave, exclusive of apparent
heart attack cases, and the Chief of Police can establish that the injury occurred
during the member's hours of work for the City, then the member may be carried
on injury leave with pay pending certification by the Director of Human
Resources or designee that injury leave has been approved. In no case may the
member be carried on injury leave for a period of time in excess of the member's
amount of accumulated sick leave and vacation leave prior to certification by the
Director of Human Resources or designee that injury leave has been approved. If
injury leave is not certified by the Director of Human Resources or designee, the
member will be charged sick leave, and vacation leave, in that order, for the time
used.
21.7 INJURY LEAVE FOR EXAMINATION AND TREATMENT.
Pursuant to rules established by the Director of Human Resources or designee,
time off for the purpose of medical examination, including examinations by the
Bureau of Workers' Compensation, and/or treatments resulting from injury
occurring during any period of time a member was in paid status and performing
services for the City required by his/her employment shall be charged to injury
leave.
21.8 INSURANCE CONTINUATION.
While a member is on approved injury leave with pay or upon proof that a
member is receiving payments in lieu of wages from the Ohio Bureau of Workers'
Compensation, the accrual of employee benefits shall continue uninterrupted and
the City shall maintain applicable insurance benefits for the member until such
time as the member returns to duty, resigns, retires or is terminated.
Providing a member continues monthly premium contributions as set forth in
Section 24.9, insurance coverage for which the member is eligible will be
extended ninety (90) days beyond the end of the month during which a member's
approved leave without pay or leave of absence status became effective.
21.9 BI-WEEKLY CONTACT WITH DEPARTMENT/DIVISION.
An employee on disability leave shall maintain bi-weekly contact with the
designated department/division human resources representative during the period
of time they are disabled. This requirement may be modified in writing by the
designated department/division human resources representative for extended
leaves. An employee shall notify the designated department/division human
resources representative at least seven (7) days before his/her expected return to
work date to reconfirm that date.

49

 ARTICLE 22 - SPECIAL LEAVES

22.1 SPECIAL LEAVE.
In addition to other leaves authorized herein, the Public Safety Director may
authorize special leave of absence with or without pay for purposes beneficial to
the member and the City.
22.2

JURY DUTY LEAVE.
(A)

A member, while serving upon a jury in any court of record in
Franklin County or adjoining counties of Delaware, Licking,
Fairfield, Pickaway, Madison, or Union, shall be paid the
member's regular salary for each of the workdays during the
period of time so served. Upon receipt of payment for jury
service, the member shall submit jury fees to the Administrative
Deputy Chief who shall then deposit such funds with the City
Treasurer. Time so served shall be deemed active and
continuous service for all purposes.

(B)

When a full-time member receives notice for jury duty in any
court of record of Franklin County, Ohio, or in any adjoining
county, he/she shall present such notice to his/her immediate
supervisor. A copy will be made of the notice and filed and
recorded in the member's personnel file.
(1)

When notified by the court to report for jury duty on a day
certain, a time report shall be completed and signed by
the assignment commissioner or appropriate court official
for each day during jury service setting forth the time of
arrival and departure from the court. Such record shall be
presented by the member to his/her supervisor upon
return to work.

(2)

When a member is not required to be in court for jury duty
for two (2) or more hours of the member’s regular shift,
the member shall report to work for such time at the
beginning of his/her work shift before being required to
report to jury duty and/or after being released from jury
duty two (2) or more hours before the end of his/her work
shift. The supervisor in each individual case shall
determine the time the member shall be released from
work to report to jury duty or return to work after being
released from jury duty.

50

 22.3 EXAMINATION LEAVE.
Time off with pay shall be allowed to members to participate in promotional tests
or to take a required examination, pertinent to their City employment, before a
State or Federal licensing board.
22.4 COURT LEAVE.
Time off with pay shall be allowed members who are required to attend any court
of record as a witness for the City of Columbus in civil matters. Upon receipt of
payment for witness service, the member shall submit witness fees to the
Administrative Deputy Chief who shall then deposit such funds with the City
Treasurer. The provisions of Section 22.2(B) (2) above shall apply to all leaves
granted under this Section 22.4.
22.5

MILITARY LEAVE.
(A)

Military Leave. Members who serve in the Ohio National Guard,
U.S. Air Force Reserve, or the U.S. Army Reserve, U.S. Marine
Corps Reserve, U.S. Coast Guard Reserve, or the U.S. Naval
Reserve shall be granted military leave of absence with pay in
addition to vacation leave when ordered to temporary active duty,
inactive duty training, or when ordered to military training
exercises conducted in the field for a period not to exceed
twenty-two (22) eight (8) hour workdays or one hundred seventysix (176) hours during each calendar year. Excepting and
providing that, when the Governor of the State of Ohio or the
President of the United States declares that a State of
emergency exists, then, in that event, the member, if ordered to
active duty for purposes of that emergency, shall be paid
pursuant to this section for a period, or periods, whether or not
consecutive, not to exceed twenty-two (22) eight (8) hour
workdays or one hundred seventy-six (176) hours during each
calendar year. A member's regular salary shall be paid for the
period of time so served.
Any member who is entitled to military leave as provided in this
subsection, and who is called to military duty for a period in
excess of twenty-two (22) eight (8) hour work days or one
hundred and seventy-six (176) hours in any one (1) calendar
year, for each calendar year in which military duty is performed,
because of an executive order signed by the President of the
United States, or an act of Congress, is entitled to additional paid
leave during the period designated in the order or act. The
amount of payment during each month of this additional leave
shall be the lesser of:
(1)

The difference between the member’s gross monthly
wage as a City employee and the sum of his/her gross
military pay and allowances received that month; or
51

 (2)

Five hundred dollars ($500).

However, no member shall receive payment for periods in
excess of twenty-two (22) eight hour days or one hundred
seventy-six (176) hours in any one (1) calendar year if the sum of
his/her gross military pay and allowances received in a month
exceeds his/her gross monthly wage or salary as a City
employee.
(B)

Re-employment. Re-employment of a member who leaves the
employment of the City to serve in the armed forces of the United
States of America or any branch thereof shall be governed by the
following principles:
(1)

An eligible member shall be re-employed in the position in
which the member would have been employed if the
continuous employment of the member had not been
interrupted by the period of military service, or an
equivalent position, provided that the member is qualified
to perform the duties of such position.

(2)

Any member who has entered the service as Stated
above must request restoration to the position within
ninety (90) days of receiving an honorable discharge from
the armed forces or the position shall be declared vacant.
Nothing contained in this subsection shall obligate the City
to pay a member who is on military leave of absence.

(3)

The term "armed forces of the United States", as used in
this section, shall be deemed to include such services as
designated by the Congress of the United States.

(4)

Nothing contained in this subsection shall obligate the City
to re-employ a member whose cumulative absences for
military service exceed five (5) years.

(5)

This subsection shall be interpreted and applied in a
manner consistent with the provisions of the Uniformed
Services Employment and Re-employment Rights Act, 38
U.S.C. §43.01 et seq.

22.6 FAMILY AND MEDICAL LEAVE.
The Family and Medical Leave Act requires employer to provide notice to employees
of their rights and responsibilities under the FMLA. The City uses the Department of
Labor Wage and Hour Division (WHD) publication 1420 to accomplish this notice. The
City will implement the FMLA in accordance with the FMLA and Department of Labor
FMLA regulations which may be in effect from time to time. The City specifically
reserves all of its rights to rely upon and apply the FMLA and the Department of Labor
52

 FMLA regulations in this administration of FMLA leave regardless of the fact that the
statute and regulations are not duplicated in this article.
22.7 PERSONAL BUSINESS DAY.
Each member shall receive two (2) eight (8) hour personal business days per
vacation year, as defined in Section 19.1, to conduct personal business that
cannot be conducted outside of the regular workday. If notice is given at least
forty-eight (48) hours in advance, no reason needs to be stated and no
documentation is required. If notice of less than forty-eight (48) hours is given,
the leave may be approved at the discretion of the Appointing Authority or
designee. The Personal Business Days shall not be used on a member’s
scheduled workday immediately preceding or immediately following an observed
City holiday. Personal business days shall not accumulate and shall have no
cash-out value. Personal business days must be used in eight (8) hour
increments and within the same business day.
22.8. BETTY BRZEZINSKI LIVING ORGAN DONOR LEAVE.
A full-time member in active service will be eligible to receive regular pay for up
to two hundred forty (240) hours of leave per year for the member's donation of
any portion of an adult liver, lung or pancreas or because of the member's
donation of an adult kidney.
A full-time member in active service is eligible to receive regular pay for up to
fifty-six (56) hours of leave per year for the member's donation of adult bone
marrow. Such leave shall be charged as Family Medical Leave (FMLA) as
provided in Section 22.6 of this contract and shall be subject to the twelve (12)
week per year limitation for the length of an FMLA leave provided the member
qualifies as provided in Section 22.6. If a member qualifies for FMLA leave, the
member will not be required to exhaust sick and vacation leave benefits as
provided in 22.6(H) until the living organ donor leave has been exhausted.
Paid time off pursuant to this section is subject to review of appropriate medical
documentation by the Director of Human Resources or designee.

ARTICLE 23 - TUITION REIMBURSEMENT

23.1 REIMBURSEMENT PROGRAM.
To foster and encourage lifelong learning, all full-time members who have
completed one (1) or more years of continuous active service prior to the date of
the start of a course shall be eligible for a reimbursement of instructional fees,
laboratory fees and general fees of up to three thousand-five hundred dollars
($3,500) per calendar year for undergraduate studies; up to three thousandseven hundred fifty dollars ($3,750) per calendar year for graduate studies; or up
to two thousand dollars ($2,000) per calendar year for courses/training for
continuing education voluntarily undertaken by the member that is directly related
to the member’s job duties. Reimbursement shall not exceed a combined total of
53

 four thousand five hundred dollars ($4,500.00) per calendar year for
undergraduate and graduate studies. The tuition reimbursement program shall
be subject to the following conditions:
(A)

No member on an unpaid leave of absence, unauthorized leave
of absence or injury leave may apply for tuition reimbursement.

(B)

There must be a correlation between the member’s duties and
responsibilities and the courses taken or the degree program
pursued.

(C)

Tuition reimbursement shall be extended to include
reimbursement for course fees for continuing education
(seminars, conferences and workshops) that is directly related to
the member’s current job.

(D)

All undergraduate and graduate courses must be taken other
than during scheduled working hours. Continuing education
courses may be taken during scheduled working hours with the
approval of the Appointing Authority. All scheduled hours for
courses of instruction must be filed through the Appointing
Authority or his/her designee and forwarded to the Director of
Human Resources. All courses are subject to approval by the
Human Resources Director or designee. All scheduled times of
courses must be approved by the Appointing Authority or
designee. Any situation which, in the discretion of the Appointing
Authority or designee, would require a member's presence on the
job, shall take complete and final precedence over any time
scheduled for courses.

(E)

Institutions must be located, or courses of instruction given within
Franklin County or adjoining counties. Courses must be taken at
accredited colleges, universities, technical and business
institutes or at their established extension centers. Courses
required for a degree must be taken from an institution
accredited by an accreditation agency recognized by the U.S.
Department of Education. Internet courses will be approved on a
case-by-case basis consistent with the provisions of this Article.
“Distance learning” and similar fees related to enrollment in
internet courses will not be reimbursed. Seminars, conferences
and workshops will only be considered for reimbursement under
the provisions of Section 23.1(C) and any related expenses or
location must be approved in advance by the Appointing
Authority.

(F)

The Human Resources Director or designee shall determine the
approved institutions for which reimbursement for instructional
fees and associated fees (general and laboratory) may be made
under this Section. Only those institutions approved by the
54

 Director of Human Resources or designee shall establish
eligibility of the member to receive reimbursement. Additional
institutions may be considered by forwarding an application for
reimbursement to the Director of Human Resources or designee.
Application for approval of institutions and courses must be made
to the Director of Human Resources or designee not more than
thirty (30) days or less than ten (10) days prior to the first day of
the scheduled course(s).
(G)

Any financial assistance from any governmental or private
agency available to a member, whether or not applied for and
regardless of when such assistance may have been received,
shall be deducted in the entire amount from the full tuition
reimbursement the member is eligible for under this Section. If a
member's tuition is fully covered by another governmental or
private agency, then the member is not entitled to payment from
the City.

(H)

Reimbursement for instructional fees and associated general,
laboratory fees or continuing education fees will be made when
the member satisfactorily completes a course and presents an
official certificate or its equivalent and a receipt of payment, or
unpaid bill, from the institution confirming completion of the
approved course. A deferred payment charge or any other fees
associated with an employee’s deferral of tuition payment will not
be reimbursed.

(I)

No reimbursement will be granted for books, paper, supplies of
whatever nature, transportation, meals, or any other expense
connected with any course except the cost of instructional fees
and associated fees as outlined in Paragraph (H).

(J)

The administration of the tuition reimbursement program will
require the Director of Human Resources or designee to be
responsible for establishing rules, devising forms and keeping
records for the program.

(K)

A member participating in the tuition reimbursement program
(including continuing education) who terminates City employment
for any reason (other than layoff or death) must repay the tuition
reimbursement paid by the City for courses taken within the
following time frames based on the member’s termination date
(pay back period to be based on the date the course or semester
ended, not the date of payment by the City):
2 years - continuing education, undergraduate studies,
graduate studies;
3 years - J.D., Ph. D. studies.
55

 Any amounts due to the City under this pay back requirement
shall be deducted from the member’s final paycheck, including
any applicable vacation pay, holiday pay, sick leave, etc. The
member shall make the arrangements for payment of any
additional balance due with the Director of Human Resources or
designee before the member’s last day of employment. The
Director of Human Resources or designee will review exemptions
to the repayment on a case by case basis.

ARTICLE 24 – INSURANCE

24.1 INTRODUCTION.
All insurance provisions contained in the 2016-2017 collective bargaining agreement
between the parties herein shall remain in effect until January 1, 2018, at which time
the benefits will expire and will be replaced with the following provisions:
24.2 MEDICAL.
The City will provide hospitalization and surgical benefits, based on the City's
existing comprehensive major medical model and modified as outlined below.
The deductible and co-insurance apply to all services.
(A) Comprehensive Major Medical.
(1)

A $200 annual deductible with an 80/20 percent
co-insurance of the next $1,500 of reasonable charges or
$300, for a total out-of-pocket maximum of $500 per
single contract per year.

(2)

A $400 annual family deductible, with an 80/20 percent
co-insurance of the next $2,000 of reasonable charges or
$400, for a total out-of-pocket maximum of $800 per
family contract.

(3)

The reimbursement rate will be determined based on
reasonable charges, not usual, customary and
reasonable.

Effective January 1, 2018, if the employee and/or dependent receive
services from a preferred provider (PPO), reimbursements will remain at
the current eighty/twenty percent (80/20%) coinsurance and will be
subject to the single and family deductibles and out-of-pocket maximums
listed in Appendix D.

56

 (B)

Medical PPO. If a member and/or dependent receive services
from a preferred provider organization (PPO), reimbursements
will be eighty/twenty percent (80/20%) coinsurance. If the
participating providers are not used, coinsurance reduces to
sixty/forty percent (60/40%). The additional twenty percent (20%)
coinsurance is the employee's responsibility and not subject to
the out-of-pocket maximum. Any PPO network modifications by
the Plan Administrator will apply.
Effective January 1, 2018, if a preferred provider is not used,
coinsurance will be reduced to sixty/forty percent (60/40%) of one
hundred forty percent (140%) of the published reimbursement rates
allowed by Medicare and subject to the single and family deductibles
and out-of-pocket maximums listed in Appendix D. Any network
modifications made by the plan administrator will apply.

(C)

Physician office visits will be subject to a fifteen dollar ($15.00)
co-pay per in-network primary care physician visit (including
family, general, internal, pediatrician, and OB/GYN physicians);
the fifteen dollar ($15.00) co-pay will apply to out-patient
psychiatric and substance abuse doctors' office visits subject to
the limits specified in Section 24(I). Eligible services, which shall
include diagnostic, surgical, and/or specialty services, routine
mammograms and routine prostate/colon rectal cancer tests
subject to the limits specified in Section 24.2(J) and (K) provided
in the network physician's office and billed by that office shall be
covered at one hundred percent (100%) after office visit co-pay.
Effective January 1, 2018, the co-pay per in-network primary
care physician visits will be twenty dollars ($20.00) per visit.

(D)

Specialty care physician office visits will be subject to a twentyfive dollar ($25.00) co-pay per in-network specialist visit. Eligible
services, which shall include diagnostic, surgical and/or specialty
services, routine mammograms and routine prostate/colon rectal
cancer tests subject to the limits specified in Section 24.2(J) and
(K) provided in the network physician's office and billed by that
office shall be covered at one hundred percent (100%) after
office visit co-pay. Effective January 1, 2018, the co-pay for
specialty care physician office visits will be thirty dollars ($30.00)
per visit.
An in-network urgent care visit will be subject to a thirty ($30.00) dollar
co-pay per visit and twenty (20%) co-insurance after the co-pay and
deductible. A non-network urgent care visit will be subject to a thirty
dollar ($30.00) co-pay per visit and forty percent (40%) co-insurance
after the co-pay and deductible.

(E)

The office co-pay does not apply to the annual deductible;
however, office co-pays will apply to the annual out-of-pocket
57

 maximum. Care rendered by non-network providers shall be
subject to the annual deductible, co-insurance, out-of-pocket
maximum, and twenty percent (20%) penalty as specified in
Section 24.2(C).
Effective January 1, 2018, care rendered by non-network providers shall
be subject to the annual deductible, co-insurance and out-of-pocket
maximum as specified in Appendix D.

(F)

In-Patient Hospital Coverage. After satisfying the annual
deductible, the plan pays 80% of reasonable charges for a semiprivate room and ancillary services for medical stays at an innetwork hospital. Once out-of-pocket expenses and reasonable
charge provisions have been met, the plan will reimburse the
hospital at 100% for covered services.
For utilization at a Non-Network Hospital, an additional 20%
penalty and any excess charges above reasonable rates are the
employee’s responsibility. Any charges for medically
unnecessary care, non-covered services or charges beyond plan
limitations are the employee’s responsibility.

(G)

Preventive care services, as defined and updated under the
Affordable Care Act (“ACA”), will be provided by doctors and health
care professionals within the City’s plan provider network without
cost-sharing (copayments, coinsurance and deductibles).
Preventive services that are not originally defined or eventually included
in the ACA shall be subject to the annual deductible, co-insurance, and
out-of-pocket maximum as specified in Section 24.2 and Appendix D.
Preventive services rendered by non-network providers shall be subject
to the annual deductible, co-insurance, and out-of-pocket maximum as
specified in Section 24.2 and Appendix D.
Insured members should contact the City’s health plan administrator prior
to obtaining preventive services for determination of preventive services
coverage.

In addition to the preventative services provided for under the
Affordable Care Act (“ACA”), the City shall maintain preventative
coverage for:


One (1) baseline mammogram exam for women 35-39
years old.



One (1) mammogram exam every one to two years
for women age 40 and over.

58

 24.3



Provide coverage for an annual (one per calendar
year) routine prostate/colon rectal cancer tests for
men age 40 and over up to a maximum of eightyfive dollars ($85.00).



For men or women age 40 and over, one
sigmoidoscopy exam per three year (calendar)
period, will be covered up to a maximum of one
hundred dollars ($100.00).



For men age 40 and over, an annual (one per
calendar year) PSA blood test will be covered up to
a maximum of one hundred dollars ($100.00).

(H)

Weight loss schedule limited to examination charges only. Food
supplements in treatment of obesity are excluded.

(I)

Services rendered by a Hospice Care program will be covered up
to a maximum of sixty (60) days. Covered services include those
services for which the employee and covered dependents are
eligible during a hospital admission.

(J)

Physical therapy, occupational therapy and/or chiropractic visits
will be covered up to a combined annual maximum of thirty (30)
visits per person, based upon medical necessity.

(K)

Prescription drug deductible charges are not payable under this
medical contract.

(L)

Medical Case Management. A program that allows a consultant
to review the medical treatment for an individual to determine
whether the covered person does or does not qualify for alternate
medical treatment benefits. The determination for a patient's
medical case management eligibility will be primarily based upon
medical necessity and appropriate medical care. The Plan
Administrator will recommend alternate medical treatment on a
case-by-case basis. Alternate medical treatment benefits refer to
expenses that are approved before they are incurred, which may
not otherwise be payable as covered expenses under the
medical plan.

COST CONTAINMENT.
(A)

Pre-Admission Certification. If a member or a dependent is
informed that a non-emergency inpatient admission or inpatient
psychiatric treatment is necessary, the admission must be
pre-certified by the City's medical utilization review administrator.
If no pre-certification was made, a ten percent (10%) co59

 insurance will be applied, in addition to the deductible and coinsurance provisions. This ten percent (10%) co-insurance does
not apply to the out-of-pocket maximum. If the hospitalization is
determined not to be medically necessary, the member will be
responsible for the cost of all medically unnecessary care. If
using a PPO network provider, the provider will be responsible
for pre-certification. The member is responsible for precertification if a non-participating provider is used.
(B)

Assigned Length of Stay. Once an elective admission has
been pre-certified, a length of stay is assigned. If the hospital
stay extends beyond the assigned length of stay, all charges for
the additional days of stay will be subject to a ten percent (10%)
co-insurance in addition to the deductible and co-insurance
provisions. This ten percent (10%) co-insurance does not apply
to the out-of-pocket maximum.

(C)

Planned Discharge Program. In the event a member or
dependent is hospitalized and it is determined that hospitalization
is no longer needed, this program allows the patient to receive
care in the most medically appropriate setting.

(D)

Mandatory Second Surgical Opinion.
For specified
non-emergency surgeries, a second surgical opinion shall be
required. The second opinion shall be covered at one hundred
percent (100%) of the usual, customary and reasonable (UCR)
charges. If the first two opinions conflict, a third opinion shall also
be covered at one hundred percent (100%) of UCR charges. If a
second opinion is not obtained for the specified surgeries, a ten
percent (10%) co-insurance shall be applied, in addition to the
deductible and co-insurance provisions. This ten percent (10%)
co-insurance does not apply to the out-of-pocket maximum.
Based on medical information obtained prior to the surgery, the
City’s medical utilization review administrator may waive the
mandatory second surgical opinion required in specific cases.

(E)

Emergency Admissions. Effective January 1, 2018, an
emergency room visit will be subject to a seventy-five dollar
($75.00) co-pay per visit and twenty percent (20%) co-insurance
after the co-pay and deductible. If admitted, the co-pay will be
waived.

(F)

Continued Treatment and Technological Review. Certain
outpatient non-emergency therapy, outpatient continued
treatment, and advanced technological treatments recommended
by the member's attending physicians will require the City's
medical utilization review administrator's approval. The City’s
Plan Administrator may waive pre-certification requirements in
specific cases. These treatments will include:
60

 (1)

(2)

Therapy and Treatment
(a)

Physical Therapy

(b)

Occupational Therapy

(c)

Chiropractic Treatment

(d)

Podiatric Treatment

Advanced Technological Procedures
(a)

Magnetic Resonance Imaging (MRI)

(b)

Lithotripsy

(c)

Ultrasound

(d)

Angioplasty

Once the member's physician informs the member that it is
medically necessary to receive physical therapy, occupational
therapy, chiropractic treatment or podiatric treatment on an ongoing basis, the member must contact the City's Medical
Utilization Review Administrator to obtain continued treatment
authorization. Also, if the member's physician instructs the
member to receive any of the listed technological procedures, it
is necessary for the member to contact the City's Medical
Utilization Review Administrator to obtain pre-treatment
authorization.
In the event the member does not obtain authorization for
continued therapy, treatment, or technological review, the
member will be responsible for ten percent (10%) of the total
charges, in addition to his/her deductible, co-payment and out-ofpocket maximum provisions. In the event the care the member
receives is determined to be medically unnecessary, he/she will
be responsible for all medically unnecessary care.
(G)

A mental health and/or substance abuse case management
benefit will be available whereby an eligible participant may elect
to exchange unused mental health or substance abuse inpatient
days for other needed mental health or substance abuse benefits
as determined by the Plan Administrator. The medical necessity
and exchange rate shall be determined by the Plan
Administrator.

61

 24.4 DENTAL INSURANCE COVERAGE.
The City shall maintain the current dental coverage for all eligible members,
including orthodontia coverage of one thousand eight hundred fifty dollars
($1,850.00). Dental general anesthesia administered by the dentist is a covered
service and osseous surgery is eliminated from the dental plan, as this service is
payable under the medical plan.
A voluntary dental PPO shall be available to members which allow voluntary
selection of a participating provider which will result in no balance billing over
reasonable charges. All existing coinsurance levels and exclusions continue to
apply.
The following preventative dental services will be paid at 100% of the reasonable
charge:




Routine oral examinations – twice in any calendar year, January 1 through
December 31.
Routine prophylaxis (cleaning of teeth) – twice in any calendar year,
January 1 through December 31.
Topical application of fluoride – twice in any calendar year, January through
December 31.

24.5 PRESCRIPTION DRUG COVERAGE.
The City shall maintain the current prescription drug coverage as outlined below.
Effective January 1, 2018, the City will provide a prescription drug coverage plan that
provides for the use of a formulary and prior authorization requirements.
(A)

Prescription Drug.
(1)

Prescriptions dispensed under the prescription drug ID
card program and direct reimbursement program will be
limited to a thirty (30) day maximum supply, the member
shall be responsible for a five dollar ($5.00) co-pay for a
generic drug. If there is no generic drug equivalent for the
prescribed drug, the co-pay is ten dollars ($10.00). If the
prescription is for a brand-name drug, or the prescription
is written "dispense as written" and a generic equivalent
exists, the co-pay is twenty-five dollars ($25.00). The five
dollar ($5.00) co-pay applies to all allergy prescriptions
under the direct reimbursement program.
Effective January 1, 2018, the employee shall be
responsible for a five dollar ($5.00) co-pay for a Tier 1
drug. For a Tier 2 drug, the co-pay is fifteen dollars
($15.00). For a Tier 3 drug, or if the prescription is written
"dispense as written" and a lower tier drug exists, the copay is thirty dollars ($30.00). The annual out-of-pocket
maximum for single contract per year will be two thousand
62

 dollars ($2,000.00); the annual out-of-pocket maximum
per family contract per year will be four thousand dollars
($4,000.00).
(2)

Prescriptions dispensed under the mail order prescription
drugs will be limited to a thirty (30) day minimum and a
ninety (90) day maximum supply. Under the mail order
program, the member shall be responsible for a ten dollar
($10.00) co-pay for generic drugs. If there is no generic
drug equivalent for the prescribed drug, the co-pay is
twenty dollars ($20.00). If the prescription is for a brandname drug, or the prescription is written "dispense as
written" and a generic equivalent exists, the co-pay is fifty
dollars ($50.00).
Effective January 1, 2018, mail order prescription drugs will be
limited to a thirty (30) day minimum and a ninety (90) day
maximum supply. The out-of-pocket maximum for prescription
drugs fulfilled through mail order will be the same as described
in Section 27.1(B)(1) above. Under the mail order program, the
employee shall be responsible for a twelve dollar and fifty cents
($12.50) co-pay for a Tier 1 drug. For a Tier 2 drug, the co-pay
is twenty-five dollars ($25.00). For a Tier 3 drug, or if the
prescription is written "dispense as written" and a lower tier
drug exists, the co-pay is sixty dollars ($60.00).
Maintenance drugs may be obtained through the mail
order program.

(3)

For prescriptions dispensed under the prescription Drug
Preferred Provider Organization (PPO) arrangement, the
member shall be responsible for a five dollar ($5.00) copay for a generic drug. If there is no generic drug
equivalent for the prescribed drug, the co-pay is ten
dollars ($10.00). If the prescription is for a brand-name
drug, or the prescription is written "dispense as written"
and a generic equivalent exists, the co-pay is twenty-five
dollars ($25.00) for participating pharmacies. If
participating pharmacies are not used, an additional ten
dollar ($10.00) co-pay shall be imposed.
Effective January 1, 2018, the prescription drug program will
include prior authorization requirements for certain types of
drugs; and some drugs will require the employee and/or
dependent to undergo step therapy (trial of a lower cost drug
before a higher-cost drug is covered). The prescription drug

63

 program administrator will determine which drugs require prior
authorization and/or step therapy.
(B)

Services Not Covered.













(C)

Experimental drugs.
Drugs which may be dispensed without prescription, such as
aspirin, even though doctor may have prescribed these.
Non-prescription items.
Medications which are covered under the terms of any other
employer sponsored group plan, or for which the individual is
entitled to receive reimbursement under Workers'
Compensation or any other Federal, State or Local
Governmental program.
Immunization Agents.
Administration of prescription drugs.
Any prescription refill in excess of the number specified by
the physician, or any refill dispensed after one year from date
of the physician's original order.
Medication taken by, or administered to, the individual while a
patient is in a licensed Hospital, extended care facility,
nursing home or similar institution which operates, or allows
to be operated, on its premises, a facility for dispensing
drugs.
Medically unnecessary drugs.
Contraceptive medication, other than birth control pills.
Dietary and food supplements.

Control Drug Management Program.
Effective January 1, 2018, the City’s prescription drug program
administrator will review prescriptions to assess whether abuse of
narcotics and similar drugs may be occurring and will follow up with
prescribing physicians as appropriate to further evaluate any
suspected instances of abuse.

24.6 VISION INSURANCE.
The City shall maintain the current vision coverage for all eligible members:
(A)

Non-panel reimbursement schedule:
Professional Fees
Examination up to

$ 35.00

Materials
Single Vision Lenses, up to
Bifocal Lenses, up to
Trifocal Lenses, up to

$ 35.00
$ 50.00
$ 60.00

64

 Lenticular Lenses, up to
Frames, up to
Contact Lenses - necessary
Contact Lenses - cosmetic
(B)

Retail frame allowance

$ 90.00
$ 35.00
$170.00
$ 90.00
$135.00

24.7 LIFE INSURANCE.
The City will provide a life insurance benefit for all members who die while
employed by the City. The City shall pay the life insurance benefit to the
beneficiary or contingent beneficiary designated by the member. The life
insurance benefit shall be one and one-half (1.5) the member's straight-time
hourly rate in effect at the time of death, multiplied by 2,080 hours and shall be
paid in a lump sum as soon as practical.
24.8 NEW EMPLOYEE ELIGIBILITY.
Employees hired full-time on or after the effective date of this Contract will be
eligible for disability benefits on the first of the month following completion of one
year of continuous City service. Employees must complete ninety (90) days of
continuous city service before qualifying for dental and vision benefits; such
benefits will become available at the start of the month following the ninety (90)
days of continuous service.
24.9 PREMIUM CONTRIBUTIONS.
The monthly premium for full-time members hired before September 1, 2017 who
participate in the City's insurance programs shall be an amount equal to thirteen
percent (13%) of the negotiated insurance base effective with the pay period that
includes April 1, 2017. Effective with the pay period that includes April 1, 2018,
the monthly premium for full-time employees hired before September 1, 2017
who participate in the City’s insurance programs shall be an amount equal to
fourteen percent (14%) of the funding rate established by the actuary for the City.
Effective with the pay period that includes April 1, 2019, the monthly premium for
full-time employees hired before September 1, 2017 who participate in the City’s
insurance programs shall be an amount equal to fifteen percent (15%) of the
funding rate established by the actuary for the City. The monthly premium for all
full-time employees hired on or after September 1, 2017 who participate in the
City’s insurance programs shall be an amount equal to twenty percent (20%) of
the funding rate established by the actuary for the City. The funding rate
established by the actuary for the City will be provided to the Union each benefit
year of February 1 through January 31. The premium will be established as
single and family rate. Half of the monthly premium will be deducted each payperiod not to exceed the total monthly premium.
Tobacco Surcharge. If an employee hired on or after January 1, 2018 who
participates in the City’s insurance program and uses tobacco, the employee will
be charged a twenty-five dollar ($25.00) per month surcharge effective January
1, 2018.
If an employee elects individual life insurance coverage only, the pre-existing
65

 monthly single employee life insurance premium rate to be charged to the
employee shall be five dollars and fifty cents ($5.50). Such premiums shall be
paid through an automatic payroll deduction.
Providing a member continues monthly premium contributions as set forth in this
section, insurance coverage for which the member is eligible will be extended
ninety (90) days beyond the end of the month during which a member's approved
leave without pay or leave of absence status became effective. If monthly
premium contributions are not paid by the member, the member's insurance will
then be terminated with an option to participate in the City's insurance
continuation program, COBRA, at the member's expense. If any outstanding
monthly premium contributions are not paid as specified herein, the City is
authorized to pursue collection of monies due by either deducting the monies
directly from the member’s regular paycheck, if any, or final paycheck from the
City.
The monthly premium for the City’s insurance continuation program, COBRA,
shall be at the member’s expense.
24.10 PRE-TAX BENEFITS.
An initial enrollment will be offered to full-time employees who choose to
participate in a pre-tax Dependent Care and Pre-tax Insurance Premium
Program offered by the City or its appointed program administrator. Subsequent
enrollments will be offered to new employees at the time of hire; existing
employees may enroll during their group’s pre-tax Open Enrollment month each
year.
These pre-tax plans will remain in effect so long as they continue to be
authorized by the Internal Revenue Code.
24.11 COMMUNICABLE DISEASE TESTING.
At no charge to the member, the Division shall contract with a twenty-four (24)
hour medical facility to test members who may have been exposed to
communicable diseases, chemicals, noxious fumes, and/or smoke while in the
performance of their duties.
24.12 APPEAL PROCESS.
The extent of coverage under the insurance policies (including self-insured plans)
shall be governed by the terms and conditions set forth in said policies or plans.
Any questions or disputes concerning a member’s claim for benefits under said
insurance policies or plans shall be resolved in accordance with the terms and
conditions set forth in said policies or plans, including the claims appeal process
available through the insurance company or third party Plan Administrator, and
shall not be subject to the grievance procedure of this Contract. In the event the
employee benefit booklet and negotiated contract are not specific, the Plan
Administrator’s guidelines will prevail; provided, however, that this shall not
prejudice the right of the employee to appeal a claims dispute to the plan
administrator and to the Ohio Department of Insurance.

66

 ARTICLE 25 - DRUG-AND ALCOHOL-FREE WORKPLACE

The City and the O.L.C. have a mutual obligation to protect the workforce and the
public from the actions of members impaired by alcohol or controlled substances.
Therefore, the City and the O.L.C. have agreed to common elements that will
shape and guide the parties' commitment to provide a drug and alcohol-free
workplace. Members will be required to submit to testing, consistent with a drug
and alcohol-free workplace policy and procedures.
A drug and alcohol-free workplace policy shall include the following:
(A)

Reasonable Suspicion Testing.
A reasonable suspicion
standard will be used based on objective facts, documented in
writing, and supported by two witnesses. Reasonable suspicion
testing may consist of two tests: urine for drugs and breath for
alcohol. Any final decision to administer testing will be made by
the City’s Drug and Alcohol Coordinator.

(B)

Members shall have the right to consult with an O.L.C.
Representative. The O.L.C. is entitled to a copy of the written
documentation, and an O.L.C. Representative may accompany
the member to the drug/alcohol test site. The unavailability of a
union representative will not delay the testing.

(C)

In addition to the reasonable suspicion standard, all bargaining
unit members will be subject to random drug and/or alcohol
testing. Such tests shall be spread reasonably throughout the
year. Members subject to testing under this Section shall have
the right to consult with an O.L.C. Representative, and the O.L.C.
Representative may accompany the member to the drug and
alcohol test site.

(D)

Post-Accident Testing. All members, while driving a vehicle
conducting City business, who are involved in a vehicular
accident where any of the following occur,
(1)
(2)
(3)

A fatality; or
The employee receives a citation and any vehicle is
disabled and requires a tow; or
The employee receives a citation and someone involved
in the accident requires off-site medical treatment;

shall be required to submit to drug and alcohol testing under the
procedures for reasonable suspicion drug and alcohol testing set
forth herein.

67

 (E)

A member who refuses to submit to a properly ordered
drug/alcohol test may be subject to disciplinary charges for
insubordination, with a penalty up to and including discharge. A
refusal to submit to a properly ordered drug/alcohol test will be
considered a positive test.

(F)

All testing policies/procedures will conform to U.S. Department of
Health and Human Services (HHS) standards. Further testing will
include ecstasy and oxycodone.

(G)

A member has the right to submit information to the Medical
Review Officer (“MRO”) to explain the reason(s) for a positive
test.

(H)

A member has the right to request and pay for a confirmatory test
of the original sample at the member's own expense within five
(5) working days after notice of the positive test result. Such
confirmatory test shall be conducted at a HHS certified laboratory
and in conformity with HHS established guidelines.

(I)

Positive Test:
(1)

(J)

First time.
(a)

The member shall be referred to the City’s
Employee Assistance Program (EAP).

(b)

There shall be no discipline if the member
successfully completes all EAP recommendations.

(c)

A member's failure to participate in or complete the
counseling and rehabilitation program may be
grounds for discipline.

(d)

A member may be disciplined for separate
concurrent violation(s) of rules, directives, etc.,
notwithstanding the drug test results.

(e)

A member shall be subject to follow-up testing for a
period of two (2) years after the member's
completion of counseling, treatment and/or
aftercare.

The drug and alcohol testing policy shall be applied in a
consistent, non-discriminatory manner, and shall accommodate
the member's constitutional rights. It will also address the
concept of rehabilitation and counseling of a member in lieu of
discharge.
68

 (K)

The City shall inform members and supervisors regarding all
elements of the drug and alcohol-free workplace policy and the
various procedures involved.

ARTICLE 26 - DISABILITY PROGRAM

26.1 ELIGIBILITY AND WAITING PERIOD.
The City will provide, at no cost to members a disability program covering fulltime members for non-work related illnesses and injuries. Members must
complete one (1) year of continuous City service to be eligible on the first of the
month following the completion of one (1) year of continuous service before
qualifying for this benefit. This program shall provide for payment to the
employee from the twelfth (12th) day of accident or illness, for a maximum of
twenty-six (26) weeks of disability benefits within a 365 day period at eighty-one
percent (81%) of the member's gross wages in effect at the time. Applicable
Federal, State and local flat tax rates are deducted. The member may, if he/she
so desires, elect to use all, or part of, his/her accumulated but unused sick leave
in order to make up any difference between one hundred percent (100%) of
his/her gross wages and the amount which he/she receives under the disability
program provided that all current year sick leave accruals are exhausted before a
member may use the available balance in any other sick leave bank. If a member
exhausts all sick leave benefits, other approved leave may be granted by the
Appointing Authority.
26.2 EFFECT ON SICK LEAVE.
During the period in which a member receives disability payments, he/she shall
suffer no reduction in paid sick leave accrual set forth in Article 20 of this
Contract, as applicable.
26.3 LIMITATIONS.
If, while receiving disability payments, the member performs work for the City or
another employer, the amount of payment under the disability program shall be
reduced by the compensation which he/she receives during that time period.
26.4 APPLICATION PROCEDURE AND DEADLINE.
The proper forms must be submitted to the City no later than forty-five (45) days
from the commencement of disability; failure to comply will result in denial of
disability benefits.
26.5 CONTINUATION OF CERTAIN BENEFITS.
While a member is paid disability benefits pursuant to this Article, vacation
accruals shall cease. Holidays shall be paid at the disability benefit rate as set
forth in this section. Medical, dental, drug, and vision insurance shall continue
uninterrupted until the member is no longer on the disability program.
Providing a member continues monthly premium contributions as set forth in
69

 Section 24.9, insurance coverage for which the member is eligible will be
extended ninety (90) days beyond the end of the month during which a member's
approved leave without pay or leave of absence status became effective.
26.6 BI-WEEKLY CONTACT WITH DEPARTMENT/DIVISION.
An employee on disability leave shall maintain bi-weekly contact with the
designated department/division human resources representative during the
period of time they are disabled. This requirement may be modified in writing by
the designated department/division human resources representative for extended
leaves. An employee shall notify the designated department/division human
resources representative at least seven (7) days before his/her expected return
to work date to reconfirm that date.

ARTICLE 27 - ENTIRE CONTRACT

This Contract, upon ratification, supersedes all prior practices and agreements, whether
written or oral, unless expressly stated to the contrary herein, and constitutes the complete
and entire agreement between the parties, and concludes collective bargaining for its term.
The parties acknowledge that, during the negotiations which resulted in this Contract, each
had the unlimited right and opportunity to make demands and proposals with respect to any
subject or matter within the scope of bargaining as defined by State law, and that the
understandings and agreements arrived at by the parties after the exercise of that right and
opportunity are set forth in this Contract. Therefore, the City and the Union, for the duration
of this Contract, each voluntarily and unqualifiedly, waives the right, and each agrees that
the other shall not be obligated, to bargain collectively with respect to any subject or matter,
whether or not referred to or covered in this Contract, including the impact or effects of the
City’s exercise of its rights as set forth herein on salaries, fringe benefits or terms and
conditions of employment, even though such subjects or matters may not have been within
the knowledge or contemplation of either or both of the parties at the time they negotiated or
signed this Contract. It is expressly agreed that the City may unilaterally make and
implement decisions consistent with the City’s rights as set forth in Article 6, even though the
exercise of such rights may involve subjects or matters not referred to or covered in this
Contract.

70

  

ARTICLE 28 - DURATION OF CONTRACT

 

 

This Contract shall be effective June 16, 2017 unless otherwise specified. and shall remain
in full force and effect through June 15, 2020 and from year to year thereafter, unless either
party gives written notice to the other of its intent to negotiate any or all of its provisions or
modify such Contract no more than one hundred-twenty (120) days nor less than ninety (90)
days prior to its expiration date, or any anniversary thereof. If such written notice is given,
negotiations shall commence within ten (10) days thereafter.

     

 

FOR TIIE 
[U/i
-?Vi1' Oi? . (I7 
ANDREWJ INTHER 

MAYOR

STAFF REPRESENTATIVE
)1 I 
NICHOLE M. BRANDON 761W AMY /Mr [Th 

DIRECTOR, DEPARTMENT OF HUMAN RESOURCES ASSOCIATE REPRESENTATIVE



MICHAEL P. DUCO

LABOR RE TIONS MANAGER

0RICHARI) A. BASH
DEPUTY CHIEF, DIVISION OF POLICE, INVESTIGATIVE SUBDIVISION



OUGLASS A 
HU OFFICER, DEPARTMENT OF PUBLIC SAFETY


HUMAN RESOURCES MANAGER, DIVISION OF POLICE

 



C. KNOTT 
ET MANAGEMENT SPECIALIST

 

 

REBECCA M. MAY

 

71

71

 

APPENDIX A



72

Side Letter #1

June 1,2017

Tracy Rader

Chief Negotiator
FOPIOLC

222 East Town Street
Columbus. Ohio 43215

Subject: Position Openings
Dear Tracy:

The City agrees to advertise openings in the Police Daily Bulletin for any of the
classifications in the bargaining unit that become open during the term of this collective
bargaining agreement. Members who have completed their probationary period within the
classification may express interest in any vacancy to the Division's Human Resources
representative.

Sincerely, .1



Michael P. Duco
City?s Chief Negotiator

 

Please indicate by/ signing below if the aforementioned indicates agreement of the parties.

040.11? 

fraey Rader?
OLC Chief Negotiator

 

73

Side Letter #2

June 1,'2017

Tracy Rader

Chief Negotiator


222 East Town Street
Columbus, Ohio 43215

Subject: Article 14 Waqe Implementation Schedule
Dear Tracy:

For the purpose of placinq the incominq 911 Emerqencv Communications Specialists
Cincominq classification") on the waqe scale in Article 14, Section 14.1. full-time members
of the incominq classification will be placed on Pay Range $8 and paid at the step closest to
their current hourly rate without receivinq a decrease in pay. Current members of the
incominq classification shall qualify for step increases, as provided for under Article 14.
Section 14.1, beqinninq in 2018, and will be effective the first dav of the pay period followinq
their service date anniversary.

F?eT?the purpose of 
memberswteeurremlyemcet?the? continuou s- r' seareetriremenHer?assignment toSteps 6
(Jr?7- will 
MiG-service date-Asa result-.- 
immediately and ?(Hawaiian
bonus will-be issued inQMSaad?beyeed

 

I For the purpose of implementing Article 14, Section 142(8), new employees hired at a step
above Step 0 will advance to the next available step upon the completion of 2080 hours of
I continuous service.

Sincerely,

OVEN

Michael P. Duco
Labor Relations Manager

 

Please indicate by signing below if the aforementioned indicates agreement of the parties.

Kr} (acuxw?fOKQCQ/\

racy Rad
OLC Chief egotiator

74

Side Letter #3
(NEW)

June 1, 2017

Tracy Rader

Chief Negotiator


222 East Town Street
Columbus, Ohio 43215

Subject: Discipline Carryover

Dear Tracy:

The City agrees that any corrective counseling and/or actions of record maintained in any
incoming 911 Emergency Communication Specialist?s Division master personnel file shall
carryover and be subject to the time limits and provisions of Article 8 of the Collective
Bargaining Agreement. Incoming 911 Emergency Communication Specialists may submit a
written request through his/her chain of command to the Chief of Police that any such
counseling/action of record in the member?s Division master personnel file shall have no
further force or effect if has exceeded the applicable time limits of Article 8, Section 8.8,
retroactive to the date that the counseling/action of record was issued. Provided that no
further action of record of the same or similar nature has occurred pursuant to the time
limits of Article 8, Section 8.8, the Chief of Police shall grant such a request (and so note on
the record of action) unless the incident was of a serious nature, as determined by the
Chief.

Sincerely,

Michael P. Duco
Labor Relations Manager

Please indicate by signing below if the aforementioned indicates agreement of the parties.

kr?? Owl/(wk
racy Rader,J

OLC Chief Negotiator

 

75

APPENDIX B
Letter of Agreement

Regarding 4x10 Alternative Work Schedule Pursuant to Section 15.2(C) of the
Collective Bargaining Agreement

76

  

 

Letter of Agreement
Between The Fraternal Order of Police
Ohio Labor Council, Inc.
And the City of Columbus
Department of Public Safety
Division of Police

Regarding 4x10 Alternative Work Schedule Pursuant to Section 152(0) of the Collective
Bargaining Agreement

 

 

 

June 11 2017

Tracy Rader, Representative
Inc.

Division of Police

Columbus, Ohio

Dear Tracy:

If a four (4) ten (10) hour/day schedule is agreed to pursuant to Section 152(0), the
following outlines the terms of the four (4) ten (10) hour/day schedule for employees as we
discussed.

Hours of Work

For purposes of overtime, calculations will be based on a workweek of a Sunday through
Saturday schedule. Each employee shall be assigned days off consisting of or
and the Department shall determine the number of employees assigned the
designated days off. Duty hours will begin no earlier than 6:00 am and no later than 9:00
am and will continue for ten (10) hours.

Holiday Pay

In accordance with Article 18, employees will be compensated an additional eight (8) hours
for each holiday. These employees are expected to report for duty on holidays unless they
have requested and received approved leave. Approved holiday leave will require an
employee to use eight (8) hours of such leave and an additional two (2) hours of vacation or
compensatory time.

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Letter of Agreement
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Personal Business Dav

In accordance to Section 22.7 of the collective bargaining agreement, each employee is to
receive two eight (8) hour Personal Business Days. An employee working the alternative
work schedule must either supplement with other leave or report to work for two (2) hours
when using a Personal Business Day.

Vacation Leave

Any employee who requests and is granted a vacation day off for any day on which helshe
is scheduled to work a ten (10) hour shift shall be charged ten (10} hours of vacation leave
for said day off. For vacation leave of less than one (1) full workday. an employee shall be
charged in increments of one-tenth (ill 0) hour for all time off during any shift.

The Bureau Commander or his/her designee shall determine the number of employees
allowed on scheduled vacation at any one time. Vacation selection shall be bid by seniority.

Sick Leave

Sick leave accruals and usage shall be administered in accordance with the provisions of
Article 20 with the exception of the following:

For each ten (10) hours of regular work from which an employee is absent. sick leave shall
be used at the rate of ten (10) hours. For sick leave of less than one (1) full workday, an
employee shall be charged in increments of not less than one-tenth (MO) hour for all time
on sick leave during any shift.

Disability Leave Procedures

All employees working ten (10) hour days shall be eligible to participate in the City's
disability teave program as provided in Article 26 of the collective bargaining agreement,
provided, however, that a ten (10} hour employee on approved disability leave shall receive
81% of his/her gross wages under the following formula:

 

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Letter of Agreement
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(1) The employee?s gross wage shall be computed on a forty (40) hour workweek for
each full week in which an employee is off work.

(2) The employee shall receive 81% of his/her gross wage based upon said forty
(40) hour workweek for each full week the employee is off work.

(3) For any partial week in which an employee is on the disability program, the
employee shall receive 81% of his/her gross wage, under the above noted
formula prorated to the number of hours the employee is off work due to disability
during his/her regularly scheduled workweek.

Non-Participants

Any employee choosing not to participate in the four (4) day ten (10) hour per day work
schedule shall be assigned to the traditional eight (8) hour per day five (5) day per week
schedule.

Duration:

This Letter of Agreement may be terminated by either party giving to the other party thirty
(30) days prior written notice of termination, but the duration shall be no longer than June
15, 2020.

on behalf ofthe City of Columbus, Department of Human Resources:

c; /t 
Michael P. Duco Date
Labor Relations Manager

AgrRed on behalf?of the Fraternal Order of Police, Ohio Labor Council, Inc.:

. 
(MAYA-UM 2
?aCy Rader?) Date 
OLC Staff Representative

 

 

79

APPENDIX 

Forms

80

CITY OF COLUMBUS
O.L.C. REPRESENTATIVE
REQUEST FOR LEAVE FOR UNION BUSINESS
NAME:________________________________________________
DATE:_________________
In accordance with Article 5 of the contract, this completed document shall act as notification of
and a request for authorization to absent myself from my regular job duties or worksite to
conduct the Union business described below.
Expected
Date:____________

Expected
Start ______ AM/PM

Expected
Ending _______ AM/PM

Contact Phone #_____________________
FOR THE PURPOSE OF:
___ Union Training
___

Employee Contact

___

Answer Telephone Inquiry

___

Complaint Investigation Issue:____________________________________________

Issue Resolved? Yes___ No___

___ Management Inquiry by ______________________

If no, Grievance No. assigned_____________________

___ Representative of employee under investigation
___ Grievance Hearing Grievance No.___________

___ Disciplinary Hearing
Step 1____ Step 2____

Other____________________________________________________________________
____________________________________
O.L.C. Representative Signature

______________
Date

____________________________________
O.L.C. Immediate Supervisor

______________
Date

Actual Hours Charged to Union Leave _____
O.L.C. Representative
Initials______

Immediate Supervisor’s
Initials_______

Original: Immediate Supervisor forwards to Payroll
Copy to: Union Representative

81

 APPENDIX 

Health Insurance Benefits

82

Benefit

APPENDIX D

Deductible
In-Network
Non-Network
Coinsurance
In-Network
Non-Network
Out of Pocket Maximum
In-Network
Non-Network
Office Visit Copay
Primary Care
Specialist
Hospital Inpatient Stay
In-Network
Non-Network
Outpatient Surgery
In-Network
Non-Network
Emergency Room Copay
In-Network
Non-Network
Urgent Care Copay
In-Network
Non-Network
Lifetime Maximum

$300 sgl / $600 fam
$800 sgl / $1,600 fam
80% / 20%
60% / 40%
$700 sgl / $1,200 fam
$1,600 sgl / $3,200 fam
$20 copay
$30 copay
20% after deductible
40% after deductible
20% after deductible
40% after deductible
$75 copay, 20% after copay and deductible
(co-pay waived if admitted)
same as in-network
$30 copay, 20% after copay and deductible
$30 copay, 40% after copay and deductible
No maximum

Pre-Notification Penalty

Benefits reduced to 50% of eligible expenses

Rx Copays
Tier 1
Tier 2
Tier 3/ Dispense as Written
Rx Copays Accumulate

Retail/Mail
$5/$12.50
$15/$25
$30/$60
Yes

Rx OOP Max

$2,000 sgl/ $4,000 fam

83