AN ORDINANCE PROVIDING FOR THE COUNCIL OF THE
A CONTRACT BETWEEN THE CITY OF
AND DECLARING AN EMERGENCY
WHEREAS, The Northern Ohio Patrolmen’s Benevolent Association has requested an agreement between the City of Cortland and the City of Cortland Police Officers; and,
WHEREAS, the representatives of the Northern Ohio Patrolmen’s Benevolent Association and the City of Cortland representatives have in good faith negotiated an agreement; and,
NOW, THEREFORE: be it Ordained by the Council of the City of Cortland, Ohio that the following contract be approved as the sole contract between the parties and to authorize the Mayor to sign same on behalf of the City.
AN AGREEMENT BETWEEN THE CITY OF
This Agreement is hereby entered
into by and between the City of
In an effort to continue harmonious and cooperative relationships with its employees and to ensure its orderly and uninterrupted efficient operations, the Employer now desires to enter into an agreement reached through collective bargaining which will have for its purposes, among others, the following; 1) To recognize the legitimate interests of the employees of the Employer to participate through collective bargaining in the determination of the terms and conditions of their employment; 2) to promote fair and reasonable working conditions; 3) to promote individual efficiency and service to the Employer; 4) to avoid interruption or interference with the efficient operation of the Employer’s business: and 5) to provide a basis for the adjustment of matters of mutual interest by means of amicable discussion.
Section 1: The Employer agrees that it has and will continue to recognize the OPBA as exclusive representative for negotiating wages and salaries, hours of work, and other terms and conditions of employment for regular full-time sworn Patrol Officers of the bargaining unit on the City of Cortland Police Department. The Employer and the OPBA agree to continue to negotiate with each other in good faith on all matters concerning the employment of said employees. The Employer shall not request or induce an employee to violate any term of the Agreement, nor shall any employee violate any term of this Agreement.
Section 2: The Employer will furnish the OPBA with a list of all employees in the classification covered by this Agreement indicating their starting date of employment. Such list will be furnished no less than annually and will be supplemented by the names of all new employees as hired.
Section 3: If, during the life of this Agreement, the Employer wishes to establish the use of a new rank, the parties shall meet to determine whether or not such rank is to be included in or excluded from the bargaining unit. In the event the parties are unable to reach agreement, the dispute will be submitted to the State Employment Relations Board (SERB) for final disposition in accordance with O.R.C. 4117 and any applicable rules thereto.
If the new rank is to be included in the bargaining unit, the parties will attempt to negotiate an appropriate salary. If the OPBA disagrees with the salary proposed for the newly included rank, the issue shall be resolved in accordance with the dispute resolution procedures specified by O.R.C. 4117.
Section 1: During the term of this Agreement, the Employer shall deduct initiation fees, assessments levied by the OPBA and the regular monthly OPBA dues from the wages of the employees who have voluntarily signed deduction authorization forms permitting said deductions. No new authorization forms will be required from any employees in the Cortland Police Department for whom the Employer is currently deducting dues.
Section 2: The initiation fees, dues, or assessments deducted shall be in the amount established by the OPBA from time to time in accordance with its constitution and by-laws. The OPBA shall certify to the Employer the amounts due and owing from the employees involved.
Section 3: The Employer shall deduct dues, initiation fees, or assessments from the first pay in each calendar month. If an employee has no pay due on that pay date, such amounts shall be deducted from the next subsequent pay. Fair Share members have the right of appeal to those portions of Union dues that are not associated with representative activities as outlined in OPBA practices. The fair share fee shall be certified to the City Finance Director by the OPBA.
Section 4: A check in the amount of total dues withheld from these employees authorizing a dues deduction shall be tendered to the treasurer of the OPBA within thirty “30” days from the date of making said deductions.
Section 5: All members of the bargaining unit after a period of thirty (30) days, as identified in Article 3 of this Agreement, shall either 1) maintain their membership in the OPBA, 2) become members of the OPBA or 3) as a condition of employment, shall in accordance with the Ohio Revised Code, Section 4117.09, employees who are in the bargaining unit but are not members of the OPBA, that such employees shall pay a periodic fair share fee to be determined by the OPBA, but not to exceed dues paid by members of the OPBA in the same bargaining unit; such fair share fee payments to be effective with the date of this Agreement. The Employer agrees to deduct such fair share fees and pay them to the OPBA.
Section 6: The OPBA hereby agrees to hold the Employer harmless from any and all liabilities or damages which may arise from the performance of its obligations under this Article and the OPBA shall indemnify the Employer for any such liabilities or damages that may arise.
Section 1: The Employer shall have the exclusive right to manage the operations, control the premises, direct the working force and maintain efficiency of operations. Among the Employer’s management rights are the right to hire, promote, transfer, layoff, discipline and discharge for just cause, promulgate and enforce reasonable work rules, determine methods of work and facilities to be used, to determine the size, duties and qualifications of the work force.
Section 2: Pursuant to Section 4117.08(C) of the Ohio Revised Code, and to the extent otherwise limited to or modified by this Agreement, the Employer retains the right and responsibility to:
A. Determine matters of inherent managerial policy which include, but are not limited to areas of discretion or policy such as the functions and programs of the public employer, standards of services, its overall budget, utilization of technology, and organizational structures;
B. Direct, supervise, evaluate, or hire employees;
C. Maintain and improve the efficiency and effectiveness of
D. Determine the overall methods, process, means, or personnel
by which governmental operations are to be continued:
E. Suspend, discipline, demote, or discharge for just cause or
layoff, transfer, assign, schedule, promote, or retrain employees:
F. Determine the adequacy of the work force:
G. Determine the overall mission of the employer as a unit of
H. Effectively manage the workforce: and
I. Take action necessary to carry out the mission of the public
employer as a governmental unit.
Section 1: An employee has the right to the presence and advice of an OPBA representative and/or private counsel during all internal investigation interviews, whether the employee is the focus of or potential witness to the allegation being investigated. Upon notification of the internal investigation by the Chief of Police or delegate, the employee shall have not more than ten (10) working days to schedule and conduct the interview at a mutually agreed upon date/time. Thereafter, the interview will be scheduled by the Chief. The employee shall be compensated at the regular overtime rate should the interview occur on non-duty time. Extensions may be permitted should exigent circumstances exist.
Section 2: An employee who is to be questioned as a suspect in any investigation of any criminal charge against him shall be advised of his constitutional rights before any questioning starts.
Section 3: Before an employee may be charged with any violation of the Rules and Regulations for a refusal to answer questions or participate in an investigation, he shall be advised that his refusal to answer such questions or participate in such investigation will be the basis of such a charge.
Section 4: Questioning or interviewing of an employee in the course of an internal investigation will be conducted at hours reasonably related to the employee’s shift unless operational necessities require otherwise. Interrogation sessions shall be for reasonable periods of time and time shall be provided for rest periods and attendance to physical necessities. In addition, either party may record such interrogation if he has a recording device available so as not to delay the investigation. Either party may have a transcript of such recording at their own expense.
Section 5: An employee will be informed of the nature of any investigation of himself prior to any questioning. If the employee being questioned is, at that time, a witness and not under investigation, he shall be so advised.
Section 6: With respect to investigations which may result in criminal charges, a formal charge of misconduct shall be prepared in writing stating the matters which are under investigation and the charges which are being considered. If, during the course of an investigation this is determined, the formal written notice will be prepared and delivered to the employee.
Section 7: In the course of an internal affairs investigation, no mechanical device (such as a polygraph or voice stress analyzer) will be administered without the consent of the employee under investigation. If, in the course of an internal investigation, an employee has been given a polygraph examination, such examination shall not be used in any subsequent court action.
Section 8: All complaints by civilians shall be in writing and signed by the complainant. The Employer will furnish a copy of the complaint to the employee whom the complaint has been filed against within a reasonable amount of time.
Section 9: An employee may request an opportunity to review his personnel file or any other files kept by the administration and containing employee related correspondence, add memoranda to the file clarifying any documents contained in the file, and may have a representative of the OPBA present when reviewing such files. A request for copies of items included in any file shall be honored. All items in an employee’s files with regard to complaints and investigations will be clearly marked with respect to final disposition.
Section 1: The OPBA agrees to the essential nature of services provided by its members in protection the public’s health and safety. In recognition of this fact, the OPBA agrees that there shall be no work interruptions, slowdowns, strikes or sympathy strikes at any time. In the event of unauthorized interruptions, the "OPBA agrees that it shall join the Employer in requiring its members to return to work immediately.
Section 2: The Employer agrees that there shall be no lockout of bargaining unit employees during the term of this Agreement unless those employees shall have violated Section 1 of this Article.
Section 3: Nothing in this Article shall be construed to limit or abridge the Employer’s right to seek other available remedies provided by law to deal with any unauthorized or unlawful strike.
Section 2: The regular work week shall be forty (40) hours per week, which shall consist of five (5) eight (8) hour work days and a minimum of forty-eight (48) consecutive hours off. An exception may be made during a transition schedule created by a shift schedule change due to shift bid by bargaining unit members in order to insure a forty (40) hour work week.
Section 3: The regular work week shall commence with the (2300-0700) shift Thursday and conclude with the afternoon (1500-2300) shift on the succeeding Wednesday. The day shift shall be (0700-1500).
Section 4: Every three (3) months, the Employer shall establish a schedule of shifts. On the first day of the month prior to the starting date of the schedule, the Chief or his designee will provide the OPBA director with a copy of the schedule. It shall be the responsibility of the OPBA director to take the schedule to each bargaining unit member in order of bargaining unit seniority for shift selection. The final shift selections shall be returned to the Chief or his designee no later than the 15th day of the month prior to the starting date of the schedule. The final schedule and any transitional schedule required shall be posted by the Chief prior to the effective date of the schedule.
Section 5: The employee shall suffer no loss of pay for any shift change resulting from shift transition or any shift change initiated by the Employer or reassignment due to operational requirement.
Section 6: The Employer shall maintain a minimum staffing level of two (2) paid officers per shift in order to ensure the health and safety of it’s officers.
Section 7: Officers, at their discretion and without initiation by management, may request a change in work days or hours so long as the request is in agreement with the other affected officer(s) and with no overtime compensation associated with that change. Shift differential shall be paid to those working the affected “premium” shifts. Requests for any modifications shall be made to the Chief of Police or delegate at least forty-eight (48) hours in advance when practicable and shall not be unreasonably denied. All modifications must be made during the same pay period.
Section 1: All employees, for work performed in excess of forty (40) hours in one week or eight (8) hours in a twenty-four (24) hour period, shall be compensated at a Normal Overtime Rate of one and one-half (1.5) times the employee’s Contract Hourly Rate + Longevity + Educational Pay + Shift Differential for overtime.
Insofar as practical, overtime shall be distributed equally on a rotating basis by seniority among those who normally perform the work. The Chief or delegate shall determine the need for overtime and employees necessary to perform such work. The overtime policy shall not apply to court appearances or specialized work assignment, or when the incumbent is required to finish a work assignment.
The City agrees to post and maintain overtime rosters which shall be provided to the steward, within a reasonable time, if so requested.
An employee who is offered, but refuses an overtime assignment, shall be credited on the roster with the amount of overtime refused.
An employee who agrees to work overtime and then fails to report for said overtime shall be credited with double the amount of overtime accepted unless extenuating circumstances arose which prevented his/her from reporting. In such cases, the employee will be credited as if he/she had refused the overtime.
The City reserves the right to mandate overtime in an emergency situation that involves Public Safety. An emergency as it applies to this article must be declared by the Mayor or his/her representative. The City recognizes an employee’s right of refusal based on legal competency.
Section 2: An employee in an off-duty status who is ordered to report for work and the hours worked are not concurrent with a scheduled shift shall be paid a minimum of four (4) hours or the actual time worked, whichever is greater, at the Normal Overtime Rate as defined herein. If the reason for the employee’s call out is completed in less than four (4) hours he shall not be required to stay for the full four (4) hours. This section does not apply to overtime that is continuous with the employee’s regular schedule.
Section 3: Employees in an off-duty status who
must appear in court, meet with any prosecutor, or any official, or appear at
any civil proceeding as part of their official duty as law enforcement
officers, shall receive a minimum of three (3) hours at the Normal Overtime
Rate. Also, employees who make an
off-duty arrest or are working a special detail while representing the City of
Section 4: If the employee is not scheduled to work on a holiday, but is called in, he shall receive a rate of three (3) times his Contract Hourly Rate + Longevity + Educational Pay + Shift Differential; or, if an employee is required to work in excess of his regular eight (8) hour shift on a holiday, any time worked thereafter shall be paid at a rate of three (3) times his Contract Hourly Rate + Longevity + Educational Pay + Shift Differential.
Section 5. Mandatory training sessions and periodic departmental meetings shall be scheduled at least seven (7) working days in advance. Employees shall be compensated for a two hour minimum at the Normal Overtime Rate for the sessions, meetings and any job related equipment qualifications.
Section 6. All bargaining unit employees may elect to accrue a maximum of 80 hours of compensatory time off in lieu of overtime pay at the rate of 1.5 hours for each hour of overtime worked. Compensatory time may be taken at a time mutually convenient to the employee and the Chief or delegate. The city shall not unreasonable deny the use of compensatory time. When an employee is promoted or reclassified to a position which is ineligible for compensatory time or employment is terminated, all compensatory time accrued will be paid at the employee’s regular rate of pay at the time of payment.
Section 1: All full-time employees shall receive the following paid holidays:
New Year’s Day Independence Day
Martin Luther King Day Labor Day
President’s Day Columbus Day
Good Friday Thanksgiving Day
Memorial Day Friday after Thanksgiving
Employee’s Birthday Christmas Day
Section 2: If an employee works on a paid holiday that is a regularly scheduled work day, said employee shall be paid at the rate of two (2) times his Contract Hourly Rate + Longevity + Educational Pay + Shift Differential for each regular hour worked in addition to receiving the paid holiday.
Section 1: Each full-time employee shall earn and be entitled to paid vacation in accordance with the following schedule at a rate of Contract Rate + Longevity:
Years of Active Service Vacation
One through five years 2 weeks (80 hours)
After five 3 weeks (120 hours)
After six 16 days (128 hours)
After seven 17 days (136 hours)
After eight 18 days (144 hours)
After nine 19 days (152 hours)
After ten 4 weeks (160 hours)
After 11 years 164 hours
after 12 years 168 hours
after 13 years 172 hours
after 14 years 176 hours
after fifteen 4.5 weeks (180 hours)
after 16 years 184 hours
after 17 years 188 hours
after 18 years 192 hours
after 19 years 196 hours
After twenty 5 weeks (200 hours)
After 21 years 204 hours
after 22 years 208 hours
after 23 years 212 hours
after 24 years 216 hours
after twenty five 5.5 weeks (220 hours)
Section 2: Earned vacation, according to the schedule in Section 1 above, shall be awarded on January 1st of each calendar year. Upon an employee’s termination of service to the City, such employee shall be paid cash for accrued but unused vacation. Should an employee be deceased, such unused vacation moneys shall be paid to the employee’s spouse. Should the employee have no spouse, said moneys shall be paid to the beneficiary listed on the employee’s city life insurance policy.
Section 3: Years of service shall be computed in
the same manner as is seniority and shall include credit for active military
service, provided that such military time is served after the onset of
employment with the City of
Section 4: Employees may accumulate vacation
time in accordance with the provisions of
Section 5. Vacation leave should normally be taken during the year following the completion of the required years of service. However, employees may accumulate and carry over up to a maximum of three (3) years of vacation accrual. Vacation leave in excess of three (3) years of accrual shall not be credited to an employee's vacation leave balance. Employees may cash out vacation time in the year earned, rather than taking the time off work. Requests for vacation cash out must be made to the Finance Director’s office by October 31st and shall be paid by separate check on or before December 15th.
Unused vacation accumulated prior to the effective date of this Agreement shall be retained and taken at such time and in such manner as provided in this agreement.
Section 6: Vacation time requests for vacation segments of less than one (1) week shall be submitted in writing five (5) days in advance of the requested dates to the Chief of Police. Vacation time requests for vacation segments greater than one (1) week shall be submitted in writing ten (10) days in advance of the requested dates to the Chief of Police. The Chief of Police shall respond to the requests within a reasonable time. All requests not denied within five (5) days shall be deemed approved. No vacation request shall be unreasonably denied.
Unused sick leave accumulated prior to the effective date of this Agreement shall be retained and taken at such time and in such manner as provided in this agreement.
Such leave shall not be unreasonably denied to employees for absence from regularly scheduled hours of employment for the following reasons:
a) Sickness, illness, or injury of the employee.
b) Pregnancy of the employee or childbirth of the spouse.
c) Exposure to contagious disease which could be communicated to other persons.
d) Sickness, illness, or injury to a member of the immediate family of the employee.
e) Additional bereavement leave requested.
Section 2: Injury Leave – Should an employee be injured while on duty, and be entitled to Worker’s Compensation, he shall receive bi-weekly payment of 80 hours at his Contract Hourly Rate + Longevity, holiday pay at Contract Hourly Rate + Longevity and his education pay for a period of one (1) year. For officers scheduled for shifts which entitle them to shift differential pay, the shift differential will be paid for the period covered by the schedule. Once the officer is no longer covered by the schedule which was in place at the time of the injury, no shift differential will be paid. No court time or overtime will be paid, and this section does not affect the employees uniform allowance pay, sick leave bonus, sick leave accrual or vacation accrual. This shall not be deducted from his accumulated sick leave. When Worker’s Compensation benefits are approved the employee shall reimburse to the City all benefits received under Worker’s Compensation for the period of disability.
Whenever an employee is required to stop working because of a service related injury or disability, he shall be paid for the remaining hours of that workday and such time shall not be charged against leave of any kind. Any lump sum payment received by the bargaining unit employee for a permanent injury or illness remains the property of the employee.
If an employee on injury leave is capable of performing light duties, the City may reasonably request that the employee return from injury leave and perform such light duties.
Any bargaining unit employee on injury leave shall be entitled to reinstatement upon approval of a certified physician at the Contract Hourly Rate of pay of the position to which the employee is reinstated at the time of such reinstatement.
Bargaining unit employees shall continue to accumulate seniority while on injury leave.
Section 3: Special Leave
(a) Jury Duty – any employee serving upon any jury or subpoenaed to be a witness in any court of law will be paid at Contract Rate + Longevity for each workday that he is so serving less whatever amount such member may otherwise receive as compensation for jury or witness duty. Time so served shall be deemed active and continuous service for all purposes.
Leave – Employees who are members of the Ohio National Guard or any military
reserve unit shall be granted military leave with pay when ordered to report to
temporary active duty or when ordered to military training exercises not to
exceed thirty-one (31) days per year.
Military leave pay shall be the difference between the employee’s pay at
Contract Rate + Longevity and service pay.
An employee shall be granted leave of absence without pay to serve in
the Armed Forces of the
initial enlistment or induction period. Employees on military leave without pay shall continue to accrue seniority, and if the employee requests within thirty-one (31) days of his discharge from military service, the City shall reinstate the employee at the same rank as when he left, with full credit for prior seniority. The City may require the employee to establish that his physical and mental condition have not been impaired to render him incompetent to perform the duties of his position.
(c) Deadly Force – In the case of the use of deadly force, the involved member shall be placed on administrative leave without loss of pay or benefits pending the results of the pre-disciplinary hearing, which the employee could testify at with their Garrity rights, are received by the employee, or the City determines that no discipline is forthcoming. Furthermore, the department’s staff psychologist or certified support group will be notified to provide counseling for the involved member or members. If no staff psychologist or support group is available, one will be assigned for that particular circumstance.
(d) Bereavement Leave – Bargaining unit employees shall be entitled to paid bereavement leave as follows:
(1) any relationship of significant value to an employee may qualify for bereavement leave up to four (4) days deducted from sick leave with approval of the Chief of Police
(2) Bereavement leave due to the death of the Employee’s parent(s), mother or father-in-law, spouse, child, brother/sister of employee, grandparent (maternal and paternal) shall be granted four (4) days paid at the employee’s Contract Rate + Longevity, not to be deducted from the employee’s sick leave accumulation. Upon application for leave the affected employee may be requested to present documentation that justifies the use of this leave.
(3) The employee shall be granted two (2) days bereavement leave deducted from sick leave for the death of the employee’s aunt or uncle.
(4) If the death requires that the employee travel more than 300 miles, the Chief shall, at the request of the employee, allow up to two (2) additional work days as bereavement leave. Any use of bereavement leave deducted from sick leave shall not affect the employee’s sick leave bonus determination.
(e) Leave without pay – The Employer may grant temporary leave without pay for a period not to exceed one hundred eighty (180) days per calendar year upon request in writing of an employee and for good cause shown. Such requests shall not be unreasonably denied. An employee who is unable to work due to sickness, injury, or illness, who has exhausted all available leave, shall be granted leave without pay for up to one (1) year if requested in writing. Any member granted leave set forth herein without loss of seniority, accrued to the date of leave without pay was taken, if physically and mentally competent to perform his duties.
(f) Combined Leave – An employee who has exhausted all available sick leave, but who is otherwise entitled to sick leave, shall be entitled to take vacation time prior to taking leave without pay. An employee who has exhausted all available injury leave shall be entitled to take unused sick leave, compensatory time, and vacation time prior to taking leave without pay.
(g) If an employee incurs a service related occupational illness or injury and requires a treatment at a later time upon recommendation of a certified physician, he is entitled to injury leave.
Section 1: The following sick leave bonus will be paid to an officer who has:
Taken no sick leave from November through April $150.00
Taken no sick leave from May through October $150.00
Taken no sick leave from Nov. 1st through Oct. 31st $350.00
The sick leave bonus periods shall run from November 1st to October 31st. Payment of the sick leave bonus will be made by separate check no later than November 15th. Sick leave taken under Article 24, Bereavement Leave, shall not affect an employee’s eligibility for the above benefit.
Section 1: All employees shall, in addition to any other leave benefits, be granted five (5) personal leave days each year, to be deducted from accumulated sick leave.
Section 2: Requests for use of personal leave days shall not be unreasonably denied.
Section 3: Unused personal leave may be carried over and accrued with the maximum accrual amount being fifteen (15) days of personal leave per officer.
Section 1: Health and Safety - The Employer agrees to furnish and to maintain in safe working conditions all tools, facilities, vehicles, supplies, and equipment necessary to safely carry out the duties of each police officer. Officers are responsible for immediately reporting any unsafe conditions or practices and for properly using and caring for all tools and equipment furnished by the Employer.
Section 2: There shall be established and maintained for the duration of this Agreement, an OPBA bulletin board on the police station premises. It will be available to authorized OPBA representatives to post notices of a general and business nature for OPBA members who may have an interest. There shall be no posting of matter which is scurrilous or defamatory to any other City employee or City official.
Section 3: Should the
Section 1: In the interest of sound labor/management relations and unless mutually agreed upon otherwise, bi-annually on a mutually agreeable day and time, the Chief of Police, supervisor, and one City official shall meet with not more than three (3) representatives of the union to discuss pending problems and to promote more harmonious labor/management relations.
Section 2: An agenda will be furnished at least five (5) days in advance of the scheduled meeting with a list of matters to be taken up in the meeting and the names of all parties who will be attending. The purpose of such meetings shall be to:
a) Discuss the administration of this Agreement
b) Notify the union of changes made by the Chief which affect bargaining unit members
c) Discuss grievances which have not been processed beyond the final step of the grievance procedure when such discussions are mutually agreed upon by the parties
d) Disseminate general information of interest to the parties
e) Discuss ways to increase productivity and improve efficiency
f) Consider and discuss health and safety matters relating to employee; and
g) To consider recommendations for changes from the union in the Standard Operating Procedure, Rules and Regulations.
Section 3: It is further agreed that if special labor/management meetings have been requested and mutually agreed upon they shall be convened as soon as possible.
Section 4: Employee representatives who are scheduled to work at the time of the meeting shall receive no loss of pay. It is further agreed that an employee on duty may be required to return to work if an emergency arises during the meeting. Employee representatives who are not scheduled to work during the time of the meeting shall not be compensated.
Section 1: Effective
Starting Step $16.55
After 1 year step $18.24
After 2 year step $19.87
3rd year regular base step $20.98
Section 2: Effective
Starting step $16.72
After 1 year step $18.42
After 2 year step $20.07
3rd year regular base step $21.19
Section 3: Effective
Starting step $17.05
After 1 year step $18.79
After 2 year step $20.47
3rd year regular base step $21.61
Section 4: Additionally, the parties are in agreement in regard to continuation of the Police and Fire Pension pickup via fringe benefit method.
During the life of the contract, the current law which allows the City to pick-up and pay the employees’ portion of pension may change. If so, then on the last pay check issued during the duration of this contract, or as soon as practical if the change in the law impacts the contract prior to the expiration of this contract, two things will happen; 1) The City will no longer pay the employees’ portion of the pension, the employees will, and 2) The City will increase the hourly wage of the employees by the same percentage as the employee’s pick-up.
Section 5: Bargaining unit members will be compensated for Officer—In-Charge (OIC) pay when the Sgt. Captain and Chief are not working. OIC pay will be 50% of the difference between the regular (highest) officer base pay and the Sgt. base pay, calculated to an hourly figure (cents per hour) and changed as the base rates change yearly.
Section 1: Effective July 1, 2004, employees required to work the afternoon and midnight shift will be compensated in addition to their regular pay rate at a rate of two and one-half percent (2 ½%) of the employee’s Contract Rate + Longevity + Education Pay for afternoon shift and three percent (3%) of the employee’s Contract Rate + Longevity + Education Pay for midnight shift.
Section 1: Effective July 1, 2004, all employees shall receive longevity payments after the completion of the required length of continuous full-time service including pro-rated part-time service as a percent of the employee’s Contract Rate pursuant to the following schedule:
After three (3) years ………………….three percent (3%)
After seven (7) years …………………..five percent (5%)
After fourteen (14) years ……………..eight percent (8%)
After twenty (20) years …………….…ten percent (10%)
Section 2: Payment of
longevity is based on total years of active service with the city of
Section 3: For the purpose of determining longevity, each employee will receive credit for one (1) year of active service for:
a) Each year the employee has served as a full-time sworn police officer with the Cortland Police Department; including part-time service pro-rated to the equivalent of full-time service.
shall also receive such additional service credit as is mandated by the State of
Section 1: The Employer encourages all bargaining unit members to further their education related to law enforcement. The Employer will reimburse members of the bargaining unit up to $600 for tuition and fees (limited to one (1) class per officer per semester/quarter) for education received at an institution of higher education in the following manner:
100% ……………………………………………… “A”
80% ……………………………………………… “B”
50% ……………………………………………… “C”
1) Request for attendance must be in writing to the Chief of Police no later than thirty (30) days prior to the start of the class.
2) Upon successful completion of the course, the employee shall present to the Employer the employee’s tuition statement and the course grade received.
3) To be eligible to attend, the employee must be formally accepted by the university and meet its requirements and must have completed two (2) years as a full-time officer with the City of Cortland Police Department.
4) Class attendance shall be on the employee’s time and the Employer shall not pay for any time spent in class attendance.
Section 2: The Employer shall complete the reimbursements to the employee within thirty (30) days of the employee’s presentation of documentation.
Section 3: Any bargaining unit member who has successfully completed and received an Associate Degree in Law Enforcement (Criminal Justice) or a related field shall receive additional pay in the amount of twenty-five dollars ($25) per month.
Section 4: Any bargaining unit member who has successfully completed and received a Bachelors Degree in Law Enforcement (Criminal Justice) or a related field shall receive additional pay in the amount of forty-five dollars ($45) per month.
Section 5: Any bargaining unit member who has successfully completed and received a Master’s Degree in Law Enforcement (Criminal Justice) or a related field shall receive additional pay in the amount of sixty-five dollars (65) per month.
Section 6: Any bargaining unit member who has successfully completed 900 hours of police related and documented training shall receive additional pay in the amount of twenty-five ($25) per month.
Section 7: Bargaining unit members will be compensated for only the highest training or educational degree rating acquired.
Section 1: Effective
Section 2: Effective
Year 1: Payment on the first payday in July 2011
Year 2: Payment on the first payday in July 2012
Year 3: Payment on the first payday in July 2013
Section 3: Any change in the uniform or equipment requirements shall be paid for by the Employer unless otherwise agreed to by both the Employer and the Employee.
Section 4: The employer agrees to repair or replace the personal items listed below that are lost, stolen or damaged while the officer is performing police related duties. The employer agrees to pay up to the costs assigned the items with yearly maximum amount that the employer will be responsible for will be five hundred dollars ($500). If, at a later date, an officer is reimbursed by a Court, suspect, victim’s compensation program or insurance, the officer shall reimburse such funds to the City.
Glasses, contacts, prescription sunglasses $250.00
Non-prescription sunglasses $ 50.00
Watch $ 50.00
Uniform Clothing Items $200.00
Gloves $ 30.00
Section 5: The employer agrees to replace the bargaining unit officer’s vest or body armor if such vest is worn or used in the line of duty. The vest will be replaced with the same or better quality and threat level. Vest replacement will be based upon manufacturer’s recommendation.
Section 1: In any instance where the Employer sends an employee for a medical examination conducted by a physician requested by the Employer, the Employer shall pay the cost of the examination and shall pay the employee for the time expended taking such examination; including travel expense in the amount of thirty (30) cents per mile traveled if the examination occurs outside of Trumbull County, Ohio.
Section 2: The Employer shall provide enough ammunition to fully equip each employee for duty. The employer shall replace the ammunition each year. The employer will make available 100 rounds of ammunition quarterly that the employee may use to practice for qualification. It is understood that if the employee utilizes the ammunition provided, he/she will be doing so entirely on the officer’s own initiative and will utilize the agency’s firearm range to practice with his or her weapon and weapon tactics.
Section 3: Employees shall reside in
Section 4: All bargaining unit members will be afforded exercise facilities at the Cortland Police Department in order to maintain good physical condition and alertness to perform their duties.
Section 5: Any police officer who has worked for the
Section 6: Due to the inherent danger associated with being a Police Officer, and usually the first to arrive at often very dangerous situations, all non-probationary employees shall receive 1.5% of the employee’s day shift rate of pay (hourly rate + longevity + education pay) on the first full pay in January of each contract year.
Section 1: When a layoff is necessary due to lack of work or lack of funds, the Employer shall notify the affected employees in writing at least thirty (30) days in advance of the effective date of the layoff. The Employer, upon request from the OPBA, agrees to discuss with representatives of the OPBA the impact of the layoffs on the bargaining unit employees.
Section 2: In the event of a layoff situation, members of the bargaining unit will be laid off in accordance with their departmental seniority (last hired/first laid off).
Section 3: A member of the bargaining unit who is laid off shall be subject to recall from lay off for a period of three (3) years.
Section 4: A recall from layoff will be based upon departmental seniority (last laid off/first recalled).
Section 5: Before any full-time employee may be laid off, all non-essential, specials, part-time and reserve employees must be laid off before any full-time officer is laid off and before any position is abolished.
Section 1. Recognizing the need for employees to receive training on an on-going basis to ensure that up-to-date methods and procedures are used in law enforcement, the Employer shall consider requests from employees to attend such training.
Section 2. Requests for training must be approved or denied by the Chief or his delegate no later than four (4) weeks prior to the beginning of the requested class or within one week (five working days) of the request if the request is submitted with less than four (4) weeks before the beginning of the class. Requests for training will not be unreasonably denied. Payment for any approved training shall be made directly to the provider. Any legitimate expense, including travel time, incurred by the employees attending approved training, shall be reimbursed following submission of receipts.
Section 3: Members of the bargaining unit shall be given first consideration for the use of the training budget. Each bargaining unit member shall be compensated for training days in accordance with state and federal laws. If an employee is scheduled to be trained on an off day, that day shall be treated as their regularly scheduled work day in place of another work day that shall be mutually agreed upon by the employee and the City within the same pay period.
Section 4: Bargaining unit members will be allowed a minimum of sixteen (16) hours of certifiable training per year per officer. All training mandated by Federal, State or City law shall not be included in the calculation of the sixteen (16) hours.
Section 1: All of the Employer’s ordinances, resolutions and practices, etc., shall remain in full force and effect during the life of this agreement; except to the extent that such ordinances, resolution and practices, etc., conflict with the Agreement shall be deemed as superseding such ordinances, resolutions, and practices, etc.
Section 1. The City agrees to make available a group
health insurance plan, including a prescription drug program, vision and dental
program, to all full-time bargaining unit employees at the same or comparable
benefit levels as in effect on
HSA Traditional Plan
Single $25.00 Single $30.00
Family $45.00 Family $60.00
HSA Traditional Plan
Single $30.00 Single $50.00
Family $60.00 Family $90.00
HSA Traditional Plan
Single $40.00 Single $60.00
Family $80.00 Family $120.00
1. City will pay the remaining premium for all coverage options.
2. The City will fund the HSA Deductibles in the amount of $2,000 for single coverage and $4,000 for family coverage in each year of the collective bargaining agreement.
3. The parties agree to continue discussion about formation and function of the Health Care Committee.
Section 2: Life Insurance – The City, at it’s sole cost and expense, shall provide each full-time employee with life insurance coverage in the fact amount shown below:
Employee ………………………………. $30,000
Spouse ………………………………….. $ 5,000
Each dependent child under 18 ……….…$ 2,000
to $100 for dependents age 15 days to 6
Section 3: Professional Liability Insurance – The Employer shall provide and maintain in force by payment of necessary premiums, Police Professional Liability Insurance in the amount of one million dollars ($1,000,000) per incident for the duration of this Agreement. In the event this insurance is cancelled by the carrier, the Employer shall give the employees sixty (60) days notice and replace the insurance with a like or similar policy.
Section 4: Eye Care – The Employer will pay for eye examinations, frames, and fifty (50%) percent of the cost of lenses for the employee or any member of the employee’s family.
Section 5: Dental – The Employer shall provide and maintain in force by payment of necessary premiums, dental insurance coverage to the same or equal coverage and which provide the same or similar benefits as are in effect at the time of this Agreement. This Agreement does not prevent the Employer from changing carriers.
Section 6: Opt Out - In the event the employee chooses to opt out of the City’s health plan, he may do so only on the policy anniversary date. Every employee who chooses to opt out of the City’s health plan shall provide proof of insurance from another source and shall receive $100 per month payable in the pay period that includes the policy anniversary date.
Section 1: It is the intent and obligation of the City to provide a drug free work environment. This policy has been developed in recognition of and in response to the rights of each individual as well as our responsibility to assist in the elimination of this national problem; particularly when the problem concerns our employees. The City Drug Free workplace policy is included as a part of this agreement in Appendix B and will only be modified as required by law or as agreed to by the City and the Police Union.
Section 2: When reasonable suspicion is invoked by the
Chief or his designee to trigger a drug test, the incident must occur while the
police officer is on duty. The Chief and his designee must be properly trained
in the detection of such reasonable suspicious behavior before the City can
order a test. There has to be a proper chain of evidence for the test results.
There must be sufficient evidence held up to one year so that independent
verification of results can be requested by the officer or the
Section 1: The City agrees to reopen negotiations as to the contract rate of pay set forth in Article 29, COMPENSATION, within 30 days of an agreement with any other City union that includes a contract rate increase in excess of 10 percent over the 3 years of the Northern Ohio Patrolmen’s Benevolent Association Contract.
represents the complete agreement on all matter subject to bargaining between
the employer and the OPBA and except as other wise noted herein shall become
This ordinance having the procedural rules suspended shall
take effect immediately in order to abide by the rules and regulations of the
Ohio State Employment Relations Board and avoid costly litigation and as being
in the best interest of the public health and safety and welfare of the
residents of the City of
PASSED IN COUNCIL THIS ____ day of June, 2011.
CLERK OF COUNCIL PRESIDENT OF COUNCIL
FILED W/MAYOR ___________ __________________________
Section 1: IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed this _______ day of June, 2011.
FOR THE O.P.B.A. FOR THE CITY OF
O.P.B.A. ASST. DIRECTOR PRESIDENT OF COUNCIL
O.P.B.A. NEGOTIATOR CHIEF OF POLICE