AGREEMENT BY AND BETWEEN THE FAIRFIELD COUNTY

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

AGREEMENT BY AND BETWEEN THE

FAIRFIELD COUNTY SHERIFF

AND

THE OHIO PATROLMEN’S BENEVOLENT

ASSOCIATION

DEPUTY AGREEMENT

EFFECTIVE: JANUARY 1, 2018

EXPIRES: DECEMBER 31, 2020

05-23-2018

0687-01

17-MED-09-1130

K36789

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

TABLE OF CONTENTS

ARTICLE 1 AGREEMENT ......................................................................................................... 1

Section 1.1. Agreement ......................................................................................................... 1

Section 1.2. Purposes ............................................................................................................. 1

Section 1.3. Legal References ............................................................................................... 1

Section 1.4. Sanctity of Agreement ....................................................................................... 1

Section 1.5. Emergency Waiver ............................................................................................ 2

Section 1.6. Entire Agreement ............................................................................................... 2

Section 1.7. Civil Service Exclusion ..................................................................................... 2

ARTICLE 2 OPBA RECOGNITION ........................................................................................... 2

Section 2.1. Recognition ........................................................................................................ 2

Section 2.2. Exclusions .......................................................................................................... 3

Section 2.3. New Positions .................................................................................................... 3

Section 2.4. Representation ................................................................................................... 3

ARTICLE 3 OPBA SECURITY .................................................................................................. 3

Section 3.1. Deduction of Dues ............................................................................................. 3

Section 3.2. Fair Share ........................................................................................................... 3

Section 3.3. Indemnification .................................................................................................. 3

Section 3.4. Remitting Deductions ........................................................................................ 4

ARTICLE 4 OPBA REPRESENTATION ................................................................................... 4

Section 4.1. Representatives .................................................................................................. 4

Section 4.2. Other OPBA Time ............................................................................................. 4

Section 4.3. Union Roster ...................................................................................................... 5

Section 4.4. Bulletin Boards .................................................................................................. 5

Section 4.5. Ballot Box .......................................................................................................... 5

Section 4.6. Use Of Internal Mail System ............................................................................. 5

ARTICLE 5 PLEDGE AGAINST DISCRIMINATION AND COERCION .............................. 6

Section 5.1. Employee Pledge ............................................................................................... 6

Section 5.2. OPBA Pledge ..................................................................................................... 6

Section 5.3. Gender ............................................................................................................... 6

Section 5.4. Plurals ................................................................................................................ 6

Section 5.5. Discrimination ................................................................................................... 6

ARTICLE 6 MANAGEMENT RIGHTS ..................................................................................... 6

Section 6.1. Management Rights ........................................................................................... 6

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

Section 6.2. Residual ............................................................................................................. 7

ARTICLE 7 NO STRIKE OUT/ NO LOCK OUT ....................................................................... 7

Section 7.1. No Strike ............................................................................................................ 7

Section 7.2. No Lockout ........................................................................................................ 8

ARTICLE 8 GRIEVANCE PROCEDURE .................................................................................. 8

Section 8.1. Grievance Defined, Jurisdiction ........................................................................ 8

Section 8.2. Withdrawal Of Grievances, Extensions ............................................................ 8

Section 8.3. Written Procedure .............................................................................................. 8

Section 8.4. Grievance Steps, Time Limits ........................................................................... 9

Section 8.5. Procedures In Arbitration ................................................................................ 10

Section 8.6. Self-Representation ......................................................................................... 11

Section 8.7. Time For Grievance Representation ................................................................ 11

Section 8.8. Representatives in Meetings ............................................................................ 11

Section 8.9. Access to Documents/Material ........................................................................ 11

Section 8.10. Grievance Form ............................................................................................... 11

ARTICLE 9 PERSONNEL FILES ............................................................................................. 11

Section 9.1. Inspection of Files Copies ............................................................................... 11

Section 9.2. Right To Respond ............................................................................................ 12

Section 9.3. Duration of Discipline Records ....................................................................... 12

ARTICLE 10 WORK RULES/GENERAL ORDERS ............................................................... 12

Section 10.1. Uniformity ....................................................................................................... 12

Section 10.2. Modification to Work Rules ............................................................................ 12

Section 10.3. Health and Safety ............................................................................................ 13

ARTICLE 11 INTERNAL REVIEW / DISCIPLINE ................................................................ 13

Section 11.1. Internal Review ............................................................................................... 13

Section 11.2. Discipline ......................................................................................................... 15

Section 11.3. Pre-disciplinary Conference-Procedure ........................................................... 15

ARTICLE 12 SENIORITY......................................................................................................... 16

Section 12.1. Seniority .......................................................................................................... 16

Section 12.2. Computation Seniority ..................................................................................... 16

Section 12.3. Posting ............................................................................................................. 16

Section 12.4. List, Challenges ............................................................................................... 16

ARTICLE 13 LAYOFF AND RECALL .................................................................................... 17

Section 13.1. Reasons For Layoff ......................................................................................... 17

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

iii

Section 13.2. Notification ...................................................................................................... 17

Section 13.3. Layoff .............................................................................................................. 17

Section 13.4. Recall ............................................................................................................... 17

Section 13.5. Recall Notice ................................................................................................... 17

Section 13.6. Reporting ......................................................................................................... 17

Section 13.7. Special/Auxiliary Deputies .............................................................................. 18

ARTICLE 14 PROBATIONARY PERIODS ............................................................................. 18

Section 14.1. Length Of Probationary Period ....................................................................... 18

Section 14.2. Extension of Probationary Period .................................................................... 18

ARTICLE 15 LABOR/MANAGEMENT MEETINGS ............................................................. 18

Section 15.1. Meetings .......................................................................................................... 18

Section 15.2. Notification ...................................................................................................... 18

Section 15.3. Additional Meetings ........................................................................................ 19

ARTICLE 16 FILLING OF POSITIONS................................................................................... 19

Section 16.1. Promotions ....................................................................................................... 19

Section 16.2. Postings/Eligibility .......................................................................................... 19

Section 16.3. Applicants ........................................................................................................ 19

Section 16.4. Testing ............................................................................................................. 20

Section 16.5. Selection Process ............................................................................................. 20

Section 16.6. Temporary Appointments ................................................................................ 20

Section 16.7. Grievance Actions ........................................................................................... 20

Section 16.8. Release Time ................................................................................................... 20

Section 16.9. Filling Specialized Assignments ......................................................................... 20

ARTICLE 17 HOURS OF WORK AND OVERTIME ............................................................. 21

Section 17.1. Purpose ............................................................................................................ 21

Section 17.2. Work Period ..................................................................................................... 21

Section 17.3. Overtime .......................................................................................................... 21

Section 17.4. Compensatory Time ........................................................................................ 21

Section 17.5. Time Change ................................................................................................... 21

Section 17.6. Exchange of Days Off ..................................................................................... 21

Section 17.7. Shift and Days Off Preference ......................................................................... 22

Section 17.8. Stand-By .......................................................................................................... 22

Section 17.9. Distribution of Overtime ................................................................................. 22

ARTICLE 18 WAGES ............................................................................................................... 23

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

Section 18.1. Wage Rates ...................................................................................................... 23

Section 18.2. Officer in Charge ............................................................................................. 24

Section 18.3. Canine Corp ..................................................................................................... 24

Section 18.4. Call-In/Court Time .......................................................................................... 24

Section 18.5. Field Training Officer ...................................................................................... 25

Section 18.6. Longevity Pay .................................................................................................. 25

Section 18.7. PERS Pick-Up ................................................................................................. 25

Section 18.8. Detective On-Call Pay ....................................................................................... 25

ARTICLE 19 VACATION ........................................................................................................... 25

Section 19.1. Accrual ............................................................................................................ 25

Section 19.2. Schedule .......................................................................................................... 26

Section 19.3. General ............................................................................................................ 26

Section 19.4. Conversion At Separation ................................................................................ 26

Section 19.5. Hospitalization During Vacation ..................................................................... 26

ARTICLE 20 HOLIDAYS ......................................................................................................... 27

Section 20.1. Holidays ........................................................................................................... 27

Section 20.2. Rates of Pay ..................................................................................................... 27

Section 20.3. Detectives ........................................................................................................ 27

Section 20.4. Personal Days .................................................................................................. 27

Section 20.5 Designated Days .............................................................................................. 27

ARTICLE 21 UNIFORM/EQUIPMENT ................................................................................... 27

Section 21.1. Original Appointment ...................................................................................... 27

Section 21.2. Uniform Allowances ....................................................................................... 28

Section 21.3. Uniforms Returned .......................................................................................... 28

Section 21.4. Damaged Uniforms ......................................................................................... 28

Section 21.5. Personal Property ............................................................................................. 28

Section 21.6. Eyewear/Dentures ............................................................................................ 28

Section 21.7. Vests ................................................................................................................ 28

ARTICLE 22 INSURANCES....................................................................................................... 29

Section 22.1. Health Insurance .............................................................................................. 29

Section 22.2. Selection of Coverage ...................................................................................... 29

Section 22.3. Premium Sharing ............................................................................................. 29

Section 22.4. Life Insurance .................................................................................................. 29

Section 22.5. Modification to Coverage ................................................................................ 29

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

Section 22.6. Administrative Issues ...................................................................................... 29

Section 22.7. Indemnification ................................................................................................ 30

Section 22.8. Pre-Tax Plan .................................................................................................... 30

ARTICLE 23 SICK LEAVE ...................................................................................................... 30

Section 23.1. Accrual ............................................................................................................ 30

Section 23.2. Uses ................................................................................................................. 30

Section 23.3. Mark-Off .......................................................................................................... 31

Section 23.4. Immediate Family (Sick) ................................................................................. 31

Section 23.5. Immediate Family (Bereavement) ................................................................... 31

Section 23.6. Retirement ....................................................................................................... 31

Section 23.7. Prior Service .................................................................................................... 31

Section 23.8. Donated Time .................................................................................................. 32

Section 23.9. Fitness for Duty Examinations ........................................................................ 32

Section 23.10. Wellness Incentive ........................................................................................... 33

ARTICLE 24 LEAVES OF ABSENCE ..................................................................................... 34

Section 24.1. Leaves Without Pay ......................................................................................... 34

Section 24.2. Leaves With Pay .............................................................................................. 35

ARTICLE 25 TRAINING AND EDUCATION ........................................................................ 36

Section 25.1. Certification ..................................................................................................... 36

Section 25.2. Training ........................................................................................................... 37

Section 25.3. Tuition Reimbursement ................................................................................... 37

ARTICLE 26 SUBSTANCE TESTING ..................................................................................... 37

Section 26.1. Testing ............................................................................................................. 37

Section 26.2. Screening ......................................................................................................... 38

Section 26.3. Alcohol Testing ............................................................................................... 38

Section 26.4. Test Results ..................................................................................................... 38

Section 26.5. Retesting Procedure ......................................................................................... 38

Section 26.6. Laboratory ....................................................................................................... 38

Section 26.7. Employee Sanctions ........................................................................................ 39

Section 26.8. Failure to Comply ............................................................................................ 39

Section 26.9. Cost of Tests .................................................................................................... 39

Section 26.10. Records of Results .......................................................................................... 39

ARTICLE 27 SPECIAL DUTY ASSIGNMENTS .................................................................... 39

Section 27.1. Rates ................................................................................................................ 39

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

Section 27.2. Qualifications .................................................................................................. 40

Section 27.3. Assignments .................................................................................................... 40

Section 27.4. Other Assignments .......................................................................................... 40

Section 27.5. Special Duty Assignments ............................................................................... 41

ARTICLE 28 RETIREMENT .................................................................................................... 41

Section 28.1. Purchase of Service Weapon ........................................................................... 41

Section 28.2. Retirement ID Card ......................................................................................... 41

ARTICLE 29 POLITICAL ACTIVITY ..................................................................................... 41

Section 29.1. Political Activity .............................................................................................. 41

ARTICLE 30 DURATION ......................................................................................................... 42

Section 30.1. Duration ........................................................................................................... 42

Section 30.2. Renewal ........................................................................................................... 42

SIGNATURE PAGE .................................................................................................................... 43

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

ARTICLE 1

AGREEMENT

Section 1.1. Agreement This Agreement is made and entered into by the Fairfield County

Sheriff, hereinafter referred to as the Employer, and the Ohio Patrolmen’s Benevolent Association

hereinafter referred to as the OPBA.

Section 1.2. Purposes The purposes of this agreement are:

A. To comply with the requirements of Chapter 4117 of the Ohio Revised Code and to set forth

the full and complete understandings and agreements between the parties governing the wages,

hours, terms, and other conditions of employment for those employees included in the

bargaining unit as defined herein.

B. To achieve and maintain a satisfactory and stabilized employer/employee relationship, to

promote an opportunity for employees to meet with the Employer through their representatives

to exchange views and opinions on policies and procedures as provided for in this Agreement;

C. To attract and retain qualified employees by providing those benefits compatible with the

financial resources of the County and the Employer;

D. To provide for the peaceful and equitable adjustment of differences which may arise;

E. To ensure the right of every employee to fair and impartial treatment.

Section 1.3. Legal References Unless otherwise indicated, the terms used in this Agreement

shall be interpreted in accordance with the provisions of Chapter 4117 of the Ohio Revised Code.

Where this agreement makes no specifications about a matter, the Employer, employees and the

OPBA are subject to all applicable federal and state laws pertaining to the wages, hours, terms,

and conditions of employment for public employees. However, said laws are not incorporated into

this Agreement.

Should any part of this Agreement be held invalid by operation of law or by any tribunal of

competent jurisdiction, or should compliance with or enforcement of any part of this Agreement

be restrained by any such tribunal pending a final determination as to its validity or affect, the

remaining portions thereof or the application of such portions to persons or circumstances other

than those to whom or to which it has been held invalid or has been restrained shall remain in

force. In the event of invalidation of any portion of this Agreement and upon written request by

either party, the parties to this Agreement shall meet within a reasonable time (not to exceed thirty

(30) days) in an attempt to modify the invalidated provisions through negotiations.

Section 1.4. Sanctity of Agreement Unless otherwise specifically provided for in this

Agreement, no changes in this Agreement shall be made unless there is written accord by and

between the parties hereto to do so. Any negotiated changes, to be effective and incorporated in

this Agreement, must be in writing and signed by the parties.

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

Section 1.5. Emergency Waiver In cases of an Emergency declared by the President of the

United States, the Governor of the State of Ohio, the Fairfield County Sheriff, the Federal or State

legislature, where, such as acts of God affect the safety and health of the citizens of Fairfield

County, the following conditions of this Agreement shall automatically be suspended:

A. Time limits for Management’s or the OPBA’s replies on grievances;

B. All work rules and/or agreements and practices relating to the assignment of all employees.

Upon the termination of the emergency, should valid grievances exist, they shall be processed, and

shall proceed from the point in the grievance procedure to which they (the grievances(s)) had

properly progressed. Any employees reassigned for the emergency shall be returned to their

regular assignment.

Section 1.6. Entire Agreement The parties acknowledge that during the negotiations which

resulted in this Agreement, each had the unlimited right and opportunity to make demands and

proposals with respect to any subject matter not removed by law from the area of collective

bargaining, and that the understandings and agreements arrived at by the parties after the exercise

of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the

OPBA for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each

agrees that the other shall not be obligated to bargain collectively with respect to any matter or

subject referred to, or covered in this Agreement. With respect to any subject matter not referred

to or covered by this Agreement, the provisions of applicable law shall prevail.

Section 1.7. Civil Service Exclusion Except as expressly otherwise provided in this Agreement

or specifically excepted from the scope of collective bargaining by the provisions of Revised Code

Chapter 4117, civil service laws contained in Revised Code Chapter 124 Sections 124.01 through

124.56 shall not apply to employees in the bargaining unit on any subject listed in the Table of

Contents and/or addressed in the body of this Agreement. It is expressly understood that the Ohio

Department of Administrative Services and the State Personnel Board of Review shall have no

authority or jurisdiction as it relates to employees in the bargaining unit.

ARTICLE 2

OPBA RECOGNITION

Section 2.1. Recognition The Employer recognizes the OPBA as sole and exclusive

representative for the purpose of negotiating wages, hours, terms and conditions of employment

for those employees of the Employer in the bargaining unit as certified by the State Employment

Relations Board in case no. 14-REP-08-0098 as follows:

Included: All full-time Sworn Deputies and Corrections Deputies.

Excluded: All other employees including, but not limited to, all supervisors, management level

employees, confidential employees, fiduciary employees, interim employees, casual employees

and all other individuals excluded pursuant to O.R.C Section 4117.01.

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

Section 2.2. Exclusions All positions and classifications not specifically established, as being

included in the bargaining unit, shall be excluded from the bargaining unit.

Section 2.3. New Positions In the event of a change of duties of a position within the bargaining

unit, or in the event that a new position is created within the Office, the Employer shall determine

whether the new or changed position will be included in or excluded from the bargaining unit and

shall so advise the OPBA in writing within five (5) calendar days. If the OPBA disputes the

Employer’s determination of bargaining unit status, the parties will meet to attempt to resolve their

disagreement within seven (7) calendar days from the OPBA’s notification to the Employer. If the

parties agree on the determination, it shall be implemented as agreed by the Employer and the

OPBA. If the parties do not agree, the position(s) shall be subject to challenge by the OPBA to the

State Employment Relations Board, pursuant to Chapter 4117 of the Ohio Revised Code and the

SERB Rules and Regulations.

Section 2.4. Representation The OPBA recognizes that an inherent responsibility exists as sole

and exclusive agent to represent all bargaining unit personnel, regardless of an employees’ status

as a member or non-member of the OPBA.

ARTICLE 3

OPBA SECURITY

Section 3.1. Deduction of Dues The Employer agrees to deduct from the wages of any

employee, who is a member of the OPBA, all membership dues required. One-half (½) of the

monthly dues shall be deducted from the first pay period in a month and one-half (½) shall be

deducted from the second pay. The OPBA will notify the County Auditor annually of the dues it

charges per month and its current membership, and will update this information as needed.

Employees shall submit a written authorization for dues deductions.

Section 3.2. Fair Share As a condition of employment, sixty (60) days following the beginning

of employment, or upon the effective date of this Agreement, whichever is later, employees in the

bargaining unit who are not members of the OPBA, including employees who resign from

membership in the OPBA after the effective date of this Labor Agreement, shall pay the OPBA,

through payroll deduction, a fair share fee. The fair share fee is automatic and does not require the

written authorization of the employee. This provision shall not require any employee to become

or remain a member of the OPBA, nor shall the fair share fee exceed the dues paid by the members

of the OPBA in the same bargaining unit. The OPBA is responsible for certifying to the Employer

the amount of the fair share fee. The fair share fee shall not be used to finance political and/or

ideological activity. The fair share fee is strictly to finance the proportionate share of the cost of

collective bargaining, contract administration, and pursuing matters directly affecting wages,

hours, and other terms and conditions of employment of bargaining unit members. The OPBA

shall prescribe a rebate and challenge procedure, which complies with O.R.C Section 4117.09(c),

federal law, and any judicial decisions interpreting such laws.

Section 3.3. Indemnification It is specifically agreed that the Employer assumes no obligation,

financial or otherwise, arising out of provisions of this Article, and the OPBA hereby agrees that

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

it will indemnify and hold the Employer harmless from any claims, actions, or proceedings by any

employee arising from deductions made by the Employer. Once the funds are remitted to the

OPBA, their disposition thereafter shall be the sole and exclusive obligation and responsibility of

the OPBA. The parties agree and understand that if an employee(s) files an action against the

County and/or OPBA regarding the deductions made under this Article, the deductions shall cease

immediately.

Section 3.4. Remitting Deductions All dues collected by the Employer shall be submitted to

the OPBA, at 10147 Royalton Rd., Suite J, North Royalton, Ohio 44133, no later than thirty (30)

days after such collection.

ARTICLE 4

OPBA REPRESENTATION

Section 4.1. Representatives The Employer agrees to recognize five (5) employee

representatives for the purpose of conducting OPBA business as such business relates to this

Agreement. The representatives shall be elected by the membership in an election to be held in

accordance with the Constitution and By-laws of OPBA .

The Chairperson of the representatives shall be selected from the above-described representatives,

by the representatives themselves. The Chairperson of the representatives is the highest-ranking

official in the bargaining unit. The Chairperson may be permitted time off during the workweek

without loss of pay or benefits to attend to OPBA and Agreement matters within the Chairperson’s

capacity subject to the Employer’s operational needs with prior approval of the Employer. During

such service in this post, seniority accrual and all other benefits allowed a bargaining unit member

shall continue as though the Chairperson were at all times performing job-related duties.

Section 4.2. Other OPBA Time The OPBA representative and/or designee(s) shall be granted

time off to attend the annual state convention/seminars and Union sponsored training. Such paid

release time shall be limited to twenty-four (24) hours per calendar year. Such release time shall

be requested in writing at least fourteen (14) days in advance. The Employer shall not withhold

permission for the utilization of release time hereunder except for operational needs of the

Employer. Unused release time may not be carried over to subsequent calendar years.

Employees bargaining during their regular scheduled working hours shall suffer no loss in pay,

and employees bargaining during hours they are not regularly scheduled to work will not receive

pay.

While the parties are preparing for and negotiating a successor agreement, Bargaining unit

members may donate up to sixty (60) hours of vacation leave to be used by members of the Union’s

negotiating team. This leave may be used by negotiating team members in up to four (4) hour

increments in order to permit them to take time off from their regularly scheduled shift on days

during which the parties engage in negotiations. Such time off may only be used by negotiating

members who are not on duty during negotiations. This leave is limited to four (4) hours for one

(1) bargaining team member per negotiating session. The leave is subject to the Employer’s

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

approval, which shall not be unreasonably denied. Any leave not used shall be carried to

subsequent negotiations.

Section 4.3. Union Roster The OPBA shall provide the Employer an official roster of its

officers and representatives which is to be kept current at all times and shall include the following:

A. Name

B. Address

C. Union office held

Section 4.4. Bulletin Boards The Employer shall provide bulletin board space for the use of

the OPBA. OPBA officials shall be responsible for posting and/or approving the posting of notices

thereon which employees may read when reporting to or leaving their workstations, or during their

free time.

The OPBA agrees that notices shall be OPBA related and no notices will be placed on the bulletin

board, which contain:

A. Personal attacks upon any County employee;

B. Scandalous, scurrilous, or derogatory attacks upon the Administration;

C. Attacks on any other employee organizations;

D. Any obscene material;

E. Political material.

Section 4.5. Ballot Box The OPBA shall be permitted, upon prior written notification to the

Sheriff, to place a ballot box at employee work buildings for the purpose of collecting members’

ballots on all OPBA issues subject to ballot. Such boxes shall be the property of the OPBA, the

ballot boxes and the ballots shall not be subject to the Employer’s review.

Section 4.6. Use Of Internal Mail System The OPBA representatives shall be permitted to use

the internal mail system (i.e., the system used for distribution of memo’s, etc.). The internal mail

system may be used for providing other OPBA members with information. The use shall be

reasonable and limited to necessary OPBA business. Mail placed into the internal mail system by

the OPBA Representatives shall not be subject to the Employer’s review but email will continue

to be monitored in accordance with the sheriff’s current policy.

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

ARTICLE 5

PLEDGE AGAINST DISCRIMINATION AND COERCION

Section 5.1. Employee Pledge The Employer agrees not to interfere with the rights of

employees to become members of the OPBA, and there shall be no disparate treatment,

interference, restraint, or coercion by the Employer or any Employer representative against any

employee because of OPBA membership or because of any legal activity by an employee or in an

official capacity on behalf of the OPBA.

Section 5.2. OPBA Pledge The OPBA agrees not to interfere with the rights of employees to

not become members of the OPBA, and there shall be no disparate treatment, restraint, or coercion

by the OPBA or its representatives against any employee exercising the right to abstain from

membership in the OPBA or involvement in OPBA activities.

Section 5.3. Gender All references to employees in this Agreement designate both sexes, and

whenever either gender is used it shall be constructed to include male and female employees.

Section 5.4. Plurals Whenever the context so requires, the use of words in the singular shall be

construed to include the plural, and words in the plural, the singular.

Section 5.5. Discrimination Neither party will discriminate for or against any bargaining unit

employee on the basis of age, sex, race, color, ancestry, religion, marital status, national origin,

disability, political affiliation, affiliation with or non-affiliation with the OPBA. Any grievance

concerning this section may only be pursued to Step 3 of the grievance procedure.

ARTICLE 6

MANAGEMENT RIGHTS

Section 6.1. Management Rights Nothing in this Agreement shall be construed as delegating

to others the authority conferred by law upon the Employer. Except as specifically modified in this

Agreement, the Employer’s authority and responsibility includes, but is not limited to the

following:

A. Manage and direct its employees, including the right to select, hire, promote, retain, transfer,

assign, schedule, evaluate, lay off and recall or to counsel, reprimand, suspend, demote,

discharge, or otherwise discipline for just cause;

B. 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

service, its overall budget, utilization of technology, and organizational structure;

C. Develop all rules, directives, and regulations and otherwise exercise the prerogatives of

management;

D. Maintain and improve the efficiency and effectiveness of governmental operations;

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

E. Determine the overall methods, process, means, or personnel by which governmental

operations are to be conducted;

F. Determine work standards and the quality and quantity of work to be produced;

G. Select and locate buildings and other facilities;

H. Determine the necessity to schedule overtime and the amount of overtime required;

I. Determine the adequacy of the work force;

J. Determine the overall mission of the employer as a unit of government and to take action to

carry out the mission of the public employer as a governmental unit;

K. Determine the starting time, quitting time, shift assignment, and number of hours to be worked

by its employees.

The Employer is not required to bargain on subjects reserved to the management and direction of

the governmental unit except as affects wages, hours, terms and conditions of employment, and

the continuation, modification, or deletion of an existing provision of this collective bargaining

agreement.

Section 6.2. Residual The OPBA agrees that all of the functions, rights, powers,

responsibilities, and authority of the Employer in regard to the operation of its work and business

and the direction of its work force which the Employer has not specifically abridged, deleted,

granted, or modified by the express and specific written provisions of this Agreement are and shall

remain, exclusively those of the Employer and shall not be subject to the grievance procedure.

ARTICLE 7

NO STRIKE OUT/ NO LOCK OUT

Section 7.1. No Strike The Employer and the OPBA recognize their mutual responsibility to

provide for the uninterrupted services to the citizens of Fairfield County. Therefore, the OPBA

agrees that neither it, its officers, agents, representatives, or members will authorize, instigate,

cause, aid, condone, or participate in any strike, work stoppage, work slowdown, or abstinence in

whole or in part from the full, faithful and proper performance of the duties of employment by its

members or other employees of the Employer. When the Employer notifies the OPBA that any of

its members are engaged in any such strike activity, as outlined above, the OPBA shall

immediately, conspicuously post notice over the signature of an authorized representative of the

OPBA to the effect that a violation is in progress and such notice shall instruct all employees to

immediately return to work. The OPBA recognizes that employees who violate this section may

be subject to disciplinary action.

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

Section 7.2. No Lockout The Employer may not, during the life of this Agreement lockout any

department personnel, or, for the purposes of influencing negotiations, in any other regard prevent

said Sheriff’s personnel from carrying out their scheduled and assigned tasks.

ARTICLE 8

GRIEVANCE PROCEDURE

Section 8.1. Grievance Defined, Jurisdiction The term “grievance” shall mean an allegation

by a bargaining unit employee that there has been a breach, misinterpretation, or improper

application of this Agreement. It is not intended that the grievance procedure be used to effect

changes in the Articles of this Agreement or those matters which are controlled by the provisions

of applicable laws. (A probationary bargaining unit employee may appeal a non-disciplinary

grievance up to Step 4 of the grievance procedure.) Nothing in this Grievance Procedure shall deny

members any rights available at law to achieve redress of their legal rights, including the right by

appeal to another forum except as is excluded in Section 1.7 of this Agreement. However, once a

member elects any other forum and that forum takes jurisdiction over the subject matter, the

member is thereafter denied the remedy of the Grievance Procedure provided herein.

A grievance may be brought by the OPBA or any employee covered by this Agreement. Where a

group of employees desire to file a grievance involving an incident affecting several employees in

the same or similar manner, the OPBA or one (1) employee selected by the group may process the

grievance. Such a grievance shall be designated as a group grievance. The names of each

employee, on behalf of which the grievance is filed, shall be provided no later than Step 3 of this

procedure.

Grievances involving lost pay discipline (reduction, suspension without pay, or discharge) shall

be initiated at Step 4 of the grievance procedure. Grievances involving discipline that does not

involve loss of pay (reprimands, etc.) may be appealed to Step 4, but shall not be subject to

arbitration.

Section 8.2. Withdrawal Of Grievances, Extensions All grievances must be presented at the

proper step and time in progression, in order to be considered at the next step. The aggrieved may

withdraw a grievance at any point by submitting, in writing, a statement to that effect, or by

permitting the time requirements at any step to lapse without further appeal. Any grievance not

answered by the Employer’s representatives within the stipulated time limits may be advanced by

the employee or OPBA to the next step in the grievance procedure. Time limits set forth herein

may only be extended by mutual written agreement.

Section 8.3. Written Procedure All grievances must contain the following information to be

considered:

A. Aggrieved employee’s name and signature;

B. Date grievance was first discussed;

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C. Name of supervisor with whom grievance was discussed;

D. Date grievance was filed in writing;

E. Date and time grievance occurred;

F. Description of incident giving rise to the grievance;

G. Articles and Sections of the Agreement violated; and

H. Desired remedy to resolve grievance.

Section 8.4. Grievance Steps, Time Limits A grievance must be submitted to the grievance

procedure within ten (10) calendar days after an employee knows or should have known the facts

giving rise to the grievance, otherwise it will be considered not to have existed.

The Following are the implementation steps and procedures for handling grievances:

Step 1. Oral Grievance: Within the time limits set forth above, an employee who has a grievance

shall present it orally to the employee’s supervisor. The grievance should not be reduced to writing

at this step. The supervisor and the employee shall discuss the grievance and shall make an effort

to settle the grievance at this step.

Step 2. Immediate Supervisor: If the grievance is not settled at Step 1, then the employee shall

reduce the grievance to writing and present it to the employee’s immediate supervisor within seven

(7) days of the time it is discussed with the supervisor at Step 1. It shall be the responsibility of the

supervisor to investigate the matter and to provide a written response to the employee within five

(5) calendar days following the day on which the grievance was submitted to the supervisor.

Step 3. Bureau Commander: If the grievance is not settled at Step 2, the employee shall submit

the grievance to the Bureau Commander or the Bureau Commander’s designee within five (5)

calendar days of receipt of the Step 2 response. The Bureau Commander or the Bureau

Commander’s designee shall investigate the matter and provide a written response to the employee

within seven (7) calendar days following the date on which the grievance was submitted to the

Bureau Commander.

Step 4. Sheriff: If the grievance is not resolved at Step 3; the employee shall submit the grievance

to the Sheriff or the Sheriff’s designee within five (5) calendar days of receipt of the Step 3

response. The Sheriff or the Sheriff’s designee shall meet with the employee and a designated

representative of the OPBA, if the employee desires, within ten (10) calendar days of submission

of the grievance at Step 4 to discuss the grievance. The Sheriff or the Sheriff’s designee shall

provide a written answer to the employee within five (5) calendar days of the meeting.

Step 5. Arbitration: A grievance unresolved at Step 4 may be submitted to arbitration upon

notification by the OPBA in accordance with this Article.

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Section 8.5. Procedures In Arbitration The OPBA, based upon the facts presented, has the

right to decide whether to arbitrate a grievance. Within twenty-one (21) calendar days from the

date of the final answer at Step 4, the OPBA must notify the Sheriff, in writing, of its intent to

arbitrate the grievance. OPBA may withdraw its request to arbitrate at any time prior to the actual

hearing. Any cancellation fee due to the arbitrator shall be paid by the party (or parties) canceling

the arbitration. Any grievance not submitted within the twenty-one (21) calendar day period

described above shall be deemed settled on the basis of the last answer given by the Employer’s

representative(s). The parties may mutually agree to utilize the mediation process to settle a

grievance while waiting for an arbitration date.

A. The Arbitration and Mediation Services (“AMS”) shall be jointly requested to submit a panel

list of seven (7) arbitrators. The parties shall alternately strike the names of the arbitrators until

only one (1) name remains. Either party may once reject the list and request from AMS another

list of seven (7) arbitrators until a mutually agreeable arbitrator is selected. Each party may

reject the entire list one (1) time during the process. The parties may at any time mutually

agree to an alternate arbitration service or method of selection of an arbitrator. The arbitrator’s

decisions shall strictly be limited to the interpretation, application, or enforcement of specific

articles in this Agreement. The Arbitrator may not modify, add to, subtract from, alter, or

amend the terms of this Agreement. The Arbitrator shall be expressly confined to the issues

submitted for arbitration and shall have no authority to determine any other issues not

submitted.

B. The question of arbitrability of a grievance may be raised by either party before the arbitration

hearing of the grievance, on the grounds that the matter is non-arbitrable or beyond the

arbitrator’s jurisdiction. If the arbitrator determines the grievance is within the purview of

arbitrability, the alleged grievance will be heard on it merits before the same arbitrator.

C. Arbitration proceedings shall be conducted under the voluntary labor arbitration rules of the

AMS except as modified by the provisions of this Agreement. The Arbitrator shall conduct a

fair and impartial hearing concerning the grievance, hearing and recording testimony from both

parties. The Arbitrator shall hear only one (1) grievance at a time unless both parties agree to

consolidate two (2) or more grievances. After a dispute on which the Arbitrator is empowered

to rule hereunder has been referred to the Arbitrator, such dispute may be withdrawn by either

party, with the consent of the other party.

D. The decision of the Arbitrator in all matters shall be final and binding. The Arbitrator shall be

requested to issue the Arbitrator’s decision within thirty (30) days after the conclusion of

testimony and argument.

E. The costs of the services of the Arbitrator, the costs of any proofs produced at the direction of

the Arbitrator, and the hearing room, if any, shall be borne equally by the Employer and the

OPBA. The expenses of any non-employee witness shall be borne, by the party calling them.

The fees of the court reporter shall be paid by the party asking for one; such fees shall be split

equally if both parties desire a reporter, or request a copy of any transcripts. Any bargaining

unit member whose attendance is required for such hearing shall not lose pay or benefits to the

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extent such hearing hours are during normally scheduled working hours on the day of the

hearing.

Section 8.6. Self-Representation When an employee covered by this Agreement chooses to

forego OPBA representation in the presentation of a grievance, no adjustment of the grievance will

be inconsistent with the terms of this Agreement. Prior to the adjustment of any such grievance,

the appropriate OPBA Representative will be notified of the OPBA Representative’s right to be

present at the adjustment.

Section 8.7. Time For Grievance Representation A grievant and the grievant’s grievance

representative shall be allowed time off from regular duties for attendance at meetings scheduled

during their work hours under the grievance procedure, with prior approval of the respective

supervisor. Employees attending meetings in accordance with this section shall not lose pay or

benefits.

Section 8.8. Representatives in Meetings In the interest of resolving grievances at the earliest

possible step of the grievance procedure, it may be beneficial that other representatives not

specifically designated be in attendance. Therefore, it is intended that either party may bring in

additional representatives to any meeting in the grievance procedure providing said person(s) have

input that may be beneficial in attempting to bring resolution to the grievance.

Section 8.9. Access to Documents/Material All documents and other materials on which the

Employer relies as the basis for action taken that gave rise to the grievance shall, upon written

request, be furnished to the OPBA. The OPBA will reciprocate in kind with any materials or

documents upon which it relies as the basis for its position on the grievance.

Section 8.10. Grievance Form The OPBA shall use a grievance form, which shall provide the

information, outlined in Section 3 of this Article. The OPBA shall have the responsibility for the

duplication, distribution, and its own accounting of the grievance forms.

ARTICLE 9

PERSONNEL FILES

Section 9.1. Inspection of Files Copies The Employer shall maintain a log-in/log-out sheet to

establish a record of persons reviewing the personnel files. Each employee may inspect that

employee’s own personnel file maintained by the Employer at any reasonable time, and shall, upon

request, receive a copy of any documents contained therein. The Employer may levy a charge for

such copying, which shall bear a reasonable relationship to the actual cost of copying. An

employee shall be entitled to have a representative of the employee’s choice accompany the

employee during such review. The employee shall receive a copy of any document in its final form

after the employee signs it.

If a member of the public makes a public records request for an employee’s personnel file, the

Employer shall notify the employee that such a request has been made and identify the requestor.

The employee may request a meeting to review the personnel file prior to release to the member

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of the public. The employee may present reasons to the Employer, if applicable, concerning

reasons why certain documents should not be released. The parties agree that, absent extenuating

circumstances, the Employer shall not be obligated to delay its reply to the requesting party more

than twenty-four (24) hours after it notifies the employee of the request. No information which is

not required by law to be disclosed shall be disclosed in response to a public request.

Section 9.2. Right To Respond If an unfavorable statement or notation is in the file, the

employee shall be given the right to place a statement of rebuttal or explanation in the employee’s

file. If the Sheriff concurs with the employee’s contentions, the Sheriff shall place a correcting

document in the file. If the Sheriff disagrees with the employee’s contention, the Sheriff shall

attach the employee’s memorandum to the document in the file and note thereon that the Sheriff

disagrees with the memorandum’s contents. An employee’s signature on a document shall mean

the employee has seen the document and not that the employee agrees with its content unless it is

so stated on the document. No anonymous material of any type shall be included in the employee’s

personnel file and no community feedback forms shall be maintained in an employee’s file if the

employee notifies the employer that they do not want them kept in the personnel file.

Section 9.3. Duration of Discipline Records Records pertaining to counseling shall not be

placed in an employee’s file. Records of oral reprimands shall cease to have force and effect twelve

(12) months from the date of issuance, providing no intervening discipline has occurred. Written

reprimands shall cease to have force and effect twenty-four (24) months from the date of issuance,

provided no intervening discipline has occurred.

Any record of discipline of any kind shall cease to have force and effect thirty-six (36) months

from the date of issuance, and shall not be used in future discipline providing no intervening

discipline has occurred. In any case in which a disciplinary action of record is rescinded, the

employee’s personnel file shall clearly reflect such action. Upon request of the member, outdated

records shall be removed from the member’s personnel file and stored in a separate area to await

disposition by the proper method as provided for in the Ohio Revised Code.

ARTICLE 10

WORK RULES/GENERAL ORDERS

Section 10.1. Uniformity The Employer agrees that all work rules, directives, and general orders

shall be applied uniformly within the group or groups of employees to who such work rules,

directives and general orders are directed.

Section 10.2. Modification to Work Rules The Employer will provide the bargaining unit

members with copies of any revised or new work rules and directives in advance of their intended

effective dates. Any additions or amendments to work rules, directives, or general orders shall be

reduced to writing, posted on the office bulletin board (including the Union bulletin board), and

signed by all employees to acknowledge awareness of the addition or amendment within five (5)

working days of the posting. An employee on leave of absence, sick leave, or vacation shall be

required to sign the acknowledgement within three (3) working days upon return to work. This

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section does not limit the right of the Employer to implement a work rule prior to the conclusion

of the acknowledgment period.

Section 10.3. Health and Safety The Employer agrees to avoid unsafe practices and to maintain

in safe condition all facilities, vehicles, necessary tools and equipment furnished by the county to

safely carry out the duties of each bargaining unit position, but reserves the right to determine what

those facilities, vehicles, and equipment shall be. The employees agree to work cooperatively in

maintaining safety in the Fairfield County Sheriff’s Office. Employees are responsible for

reporting any unsafe conditions or practices, for avoiding negligence, and for properly using and

caring for facilities, vehicles, supplies, and equipment provided by the Employer. Any allegation

of an unsafe practice may be appealed through the grievance procedure up to Step 4.

ARTICLE 11

INTERNAL REVIEW / DISCIPLINE

Section 11.1. Internal Review When the Employer conducts an investigation concerning an

employee and the Employer believes that disciplinary action of record (reprimand of record,

suspension, reduction, or removal) will or may result, the employee will be notified that such result

is possible. When a citizen desires to file a formal complaint, the employer will request that the

complaint be put in writing or tape recorded. If the citizen declines, then the Employer will make

a written record of the complaint.

A. Before an employee may be charged with insubordination or like offense for refusing to answer

questions or participate in an investigation, the employee shall be advised that such conduct,

if continued, may be the basis for such a charge.

B. If an employee desires, the employee shall be given a reasonable opportunity to consult with a

union representative before being required to answer questions. During all questioning the

employee may, upon request, be accompanied by a union representative.

C. Before being required to answer questions or make written statements in an investigation,

employees shall be advised of their legal rights.

D. Prior to questioning, the Employer shall notify employees if they are being questioned as a

witness or a subject of the investigation. If the employee is the focus of the investigation, the

employee will be apprised of the nature of the allegations prior to questioning. This provision

does not prohibit the Employer from amending or adding to the allegations during the

investigation if the circumstances warrant. Generally, interviews will be limited to the

allegations conveyed to the employee.

E. If during the interview of the employee witness, the investigator has reason to believe the

employee witness has become the focus of the investigation or another investigation, the

investigator shall notify the employee witness of such belief. The investigator shall inform the

employee of the employee’s rights under this agreement.

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F. If, during the interview, the employee witness has reason to believe that the employee witness

has become the focus of an investigation for which discipline or criminal charges may result,

the employee witness may invoke the employee’s rights under this Article.

G. Any interrogation, questions, or interviewing of an employee will be conducted at hours

reasonably related to the employee’s shift, preferably during, or immediately prior to or after

the employee’s working hours, unless the situation dictates otherwise. Interrogation sessions

shall be for reasonable periods of time, and employees shall be allowed time during such

questioning for rest periods and attendance to other physical necessities.

H. When an anonymous complaint is made against an employee, the Sheriff or designee may

investigate, and if there is no corroborative evidence, the complaint shall be classified as

unfounded and no action will be taken. If false complaints are alleged to have been made

against a member of the bargaining unit, that member will be provided, upon request to the

employer, all information the employer obtains regarding the complaint and the subsequent

investigation. No unfounded complaints shall be placed in an employee’s personnel file.

I. An employee who had been under investigation shall be informed, in writing, of the outcome

of the case at the conclusion of the investigation. All investigations shall be completed within

a reasonable time after commencement of a formal investigation.

J. The Employer shall attempt to complete investigations that do not involve the possibility of

criminal charges within ninety (90) days of commencing in the investigation. If the

investigation not completed within ninety (90) days, the Employer shall notify the employee

of the status of the investigation and the anticipated completion date. The Employer shall notify

the employee of the outcome of the investigation upon its conclusion.

Any employee who has been under investigation and after being informed of the investigation

may, not less than twenty-eight (28) days after notification, forward a written inquiry to the

Chief Deputy as to the status of the investigation. In response to the member’s inquiry, the

employee shall be advised of the status of the investigation and if known, the estimated time

necessary to complete the investigation.

K. The Employer may use a polygraph machine to investigate the truth of statements made by

members, only if they are the primary focus of an investigation, a known witness to an incident

under investigation or at the employee’s written request directly to the Sheriff. The member

shall be entitled to an OPBA representative at all stages of the polygraph interview and

examination process. No disciplinary action shall be taken by the Employer based solely on

the results of such tests.

L. The Employer may use mechanical or electronic monitoring equipment, to improve safety and

efficiency through training and counseling. The Employer may use such equipment as a

method of initiating discipline for incidents of serious misconduct. Other discipline using this

equipment may be issued if it is discovered after receiving a complaint.

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Section 11.2. Discipline The Employer may take disciplinary action against any employee in the

bargaining unit only for just cause. Disciplinary action may be taken in the following manner:

verbal reprimand, written reprimand, loss of accrued time, suspension, termination, or other

appropriate agreed to discipline. However, counseling by a supervisor for minor infractions shall

not be considered discipline. Discipline will be applied in a progressive and uniformed manner.

Progressive discipline shall take into account the nature of the violation, the employee’s work

record, prior discipline, and the employee’s record of performance. Disciplinary penalties shall be

commensurate with the severity of the offense.

Disciplinary action shall be taken in a private, business-like manner. The Sheriff agrees to refrain

from initiating any contact with the media concerning a disciplinary matter until after the employee

has been notified of the Sheriff’s decision.

Section 11.3. Pre-disciplinary Conference-Procedure Whenever the Employer (or designee)

determines that an employee may be disciplined for cause, including only loss of accrued time,

suspension, or termination, the Employer (or designee) will notify the employee, in writing, that

the employee is entitled to a pre-disciplinary conference.

A. The pre-disciplinary conference will be scheduled no earlier than twenty-four (24) hours after

the time the employee is notified of the conference and of the charges against the employee.

The employee may have one (1) local representative and/or one (1) OPBA Employee present

for the pre-disciplinary conference. The employee is responsible for notifying the

representative(s). At least twenty-four (24) hours prior to the pre-disciplinary conference, the

Employer shall provide to the employee a copy of the investigation, complaint and witness

statements.

B. At the pre-disciplinary conference the employee may elect to do any of the following:

1. Appear at the conference and present an oral or written statement;

2. Appear at the conference and have a representative present an oral or written statement;

3. Have a representative appear at the conference and present an oral or written statement in

place of an employee, who is physically unable to appear at the conference; or

4. Elect to waive the opportunity to have a pre-disciplinary conference.

An employee who, without notice, fails to appear, or fails to cause a representative to appear,

at a pre-disciplinary conference shall be considered to have waived the conference. The neutral

supervisor shall prepare a written report on the conference, and the employee shall be given a

copy of the report.

An employee who is charged with violating the rules of conduct shall be given access to the

documents pertinent to the case.

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C. After the pre-disciplinary meeting, the employee shall be notified in writing of the disciplinary

action and effective date of such disciplinary action. The employee may file a written appeal

of discipline in accordance with the grievance and arbitration procedures set forth in Article 8

of this Agreement.

D. When the Employer determines that the offense is of such a nature that immediate action is

required, the Employer is not prohibited by the terms of this Article from placing an employee

on administrative leave with pay pending investigation and/or pre-disciplinary conference.

E. In lieu of a suspension without pay of ten (10) days or less, an employee may request to forfeit

accrued leave (except sick leave) on an hour for hour basis. At the Sheriff’s discretion the

parties may agree to a forfeiture of such leave. If the employee is represented by a Union

associate, the Employer shall initiate any such discussions for such forfeiture through the

Union associate. If the employee chose not to use a Union representative, the Employer will

forward the final disposition of any such discipline to the Union representative. It shall

constitute corrective action of record. Such forfeiture shall be noted in the employee’s

personnel file and shall constitute the final resolution of the Employer’s charges.

ARTICLE 12

SENIORITY

Section 12.1. Seniority Seniority is the right of an employee to exercise options established by

the terms and conditions of this Agreement that specifically reference seniority.

Section 12.2. Computation Seniority Seniority shall be computed on the basis of uninterrupted

length of fulltime O.P.O.T.A certified continuous service, in the bargaining unit, with the

Employer. However, employees hired in a position within this bargaining unit prior to December

15, 2002, may count one-half (1/2) of other continuous fulltime Sheriff’s Office service not to

exceed two (2) years. Employees with the same hire date shall use the last four (4) digits of their

social security number as a tie breaker, the highest number being first, etc. Except for bargaining

unit members that are laid off and recalled during the recall period set forth in Article 13, any break

in service; of employment, lasting more than thirty (30) days shall constitute a break in continuous

service. However; employees must follow the proper procedure for any such leave and return to

active service immediately following the expiration of the approved leave.

Section 12.3. Posting Seniority lists shall be posted in the Sheriff’s Office with a copy provided

to the OPBA. The seniority lists shall be updated semi-annually (1

week in May and the 1

week

in November) and posted accordingly.

Section 12.4. List, Challenges Seniority lists shall illustrate the name of the employee and the

employee’s last date of hire with the Fairfield County Sheriff’s Office. Any employee shall have

the right to challenge any information on the seniority list within ten (10) calendar days after the

employee knows or should of known of an alleged error. Failure to challenge the information

within ten (10) calendar days shall be deemed a waiver to challenge by the Employer and the

OPBA.

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ARTICLE 13

LAYOFF AND RECALL

Section 13.1. Reasons For Layoff The Employer may lay off employees in the bargaining unit

for reasons of lack of work, lack of funds, or job abolishment. The Employer shall have the burden

of establishing the need for a layoff. It is understood and agreed that no provisions of Civil Service

Law or Rules shall apply to layoffs.

Section 13.2. Notification The Employer shall notify and meet with the OPBA no less than thirty

(30) calendar days prior to any impending abolishment or layoff of personnel to discuss

alternatives and/or establish the displacement orders. The layoff list and displacement order shall

be posted on Office bulletin boards (including OPBA bulletin board) twenty-one (21) calendar

days prior to the effective date of the abolishment or layoff.

Section 13.3. Layoff When it becomes necessary to reduce the number of bargaining unit

employees in the employ of the Employer, such reduction shall be by departmental seniority within

the Sheriff’s Office.

Bargaining unit employees shall have no bumping rights

The order of layoff shall be as follows:

A. Temporary, part-time, seasonal or intermittent;

B. Employees serving an initial probationary period;

C. Full-time employees who have completed their probationary periods.

Layoffs of non-probationary bargaining unit employees shall be in the inverse order of seniority.

Section 13.4. Recall Recalls after layoff shall be in inverse order of layoff by classification from

which the employee was laid off. However, any members who takes a voluntary layoff shall be

the last recalled. Laid off employees shall maintain recall rights for a period of one (1) years. Any

employee who refuses a recall to a position shall be removed from the recall list.

Section 13.5. Recall Notice Notice of recall shall be sent to the employee by certified mail with

a copy to the Ohio Patrolmen’s Benevolent Association. The Employer shall be deemed to have

fulfilled its obligations by mailing the recall notice by certified mail, and return receipt requested

to the last mailing address provided by the employee. It is the responsibility of the employee to

provide the Employer with a written notice of any change of address and/or telephone number

during the employee’s period of layoff.

Section 13.6. Reporting An employee recalled from a layoff shall have seven (7) calendar days

following the receipt or attempted delivery of the recall notice in which to notify the Employer of

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his/her intent to report for duty and shall have fourteen (14) days to report, unless a later date for

returning to work is otherwise specified in the notice. The time limits provided in this section may

be extended by the Employer if circumstances beyond the control of the employee prevented

timely response by the employee to the recall notice.

Section 13.7. Special/Auxiliary Deputies The employer agrees that it will not use special or

auxiliary deputies in order to avoid recalling bargaining unit members who are on layoff.

ARTICLE 14

PROBATIONARY PERIODS

Section 14.1. Length Of Probationary Period All newly hired Bargaining Unit employees shall

serve a probationary period of one (1) year. Probationary time shall be all paid time status except

sick leave or unpaid leave in excess of forty (40) hours.

Employees serving their probationary period may be disciplined or terminated without recourse to

the grievance procedure set forth in this Agreement or to the State Personnel Board of Review.

Section 14.2. Extension of Probationary Period An employee’s probationary period may be

extended by mutual agreement of the employee, OPBA, and Employer.

ARTICLE 15

LABOR/MANAGEMENT MEETINGS

Section 15.1. Meetings In the interest of sound labor/management relations, unless mutually

agreed otherwise, once each quarter on a mutually agreeable day and time, the Employer or the

Employer’s designee shall meet with not more than seven (7) representatives of the OPBA to

discuss pending problems and to promote a more harmonious labor/management relationship.

OPBA representatives attending labor/management meetings shall not, if the meetings are held

during their normal duty hours, suffer any loss of pay for the time spent in such meetings.

Section 15.2. Notification The party requesting the meeting shall furnish an agenda at least five

(5) working days in advance of the scheduled meetings with a list of the matters to be addressed

in the meeting. The names of those OPBA representatives who will be attending shall be submitted

in advance. The purpose of such meeting shall be to:

A. Discuss the administration of this Agreement;

B. Notify the OPBA of changes made by the Employer which affect bargaining unit members of

the OPBA;

C. Discuss grievances which have been processed beyond Step 3 of the grievance procedure;

D. Disseminate general information of interest to the parties;

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E. Discuss ways to increase productivity and improve efficiency;

F. Consider and discuss health and safety matters relating to employees;

G. Provide an opportunity to the OPBA to share the views of its membership and/or make

suggestions on subjects of interest to its membership.

Section 15.3. Additional Meetings It is further agreed that if special labor/management

meetings have been requested, and mutually agreed upon, they shall be convened as soon as

feasible.

ARTICLE 16

FILLING OF POSITIONS

Section 16.1. Promotions This Article shall govern the manner in which vacancies in the next

highest classification are filled.

Section 16.2. Postings/Eligibility When the Employer determines to fill a vacant position in the

next highest classification, such vacancy shall be posted on the Office bulletin boards for a period

of not less than thirty (30) calendar days. The posting shall include the title of the position, the

duties and responsibilities, and the minimum qualifications required. Only employees sworn and

appointed under O.R.C. 311.04 may bid on sworn positions.

It is understood and agreed that the Sheriff has the authority to define or establish the qualifications

for the positions and classifications in the Sheriff’s Office.

Postings shall indicate the criteria for the position. The criteria for selection may include, but not

be limited to, knowledge required for the position, demonstrated ability to supervise and team

build, demonstrated ability to achieve goals, seniority, education, experience, work record, and

disciplinary record.

Section 16.3. Applicants Employees with a minimum of four (4) years’ experience interested in

applying for the posted position shall submit an application to the Employer within the posting

period. The Employer shall not be obligated to consider any applications submitted after the

posting period or received from applicants who do not meet the minimum qualifications for the

job.

Employees shall be responsible for submitting information and documentation of training,

experience, and education supporting their application for a vacancy. Such documentation and

information may be submitted to the employee’s personnel file as the information is gathered.

Employees shall be responsible for identifying the experience, training, education, and other

relevant information they wish to have considered.

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Section 16.4. Testing The testing process shall include a written examination supplied by an

independent agency with experience in law enforcement testing. The passing score is seventy

percent (70%). Applicants must achieve a passing score in order to proceed to the interview

process.

Section 16.5. Selection Process The Sheriff shall select the most qualified employee for the

vacant position from the applicants who pass the examination. The eligibility list from these

examinations shall remain valid for a period of two (2) years. The Sheriff may, at his discretion,

extend the list for an additional year. The Sheriff’s decision shall be based on the qualifications

of the applicants as specified in the position description and job posting and shall consider

requirements of the positions, seniority, experience, qualifications and training, relevant education,

attendance, work history and personal interview.

The Sheriff shall use a panel of law enforcement professionals from various agencies outside the

Fairfield County Sheriff’s Office.

In the event two (2) or more employees are relatively equally qualified, the position shall be

awarded to the employee with the most seniority.

Section 16.6. Temporary Appointments Nothing in this Article shall be construed to limit or

prevent the Employer from temporarily filling a vacant position pending the Employer’s

determination to fill the vacancy on a permanent basis. Such temporary vacancy and

appointment(s) shall not exceed ninety (90) days. The parties may mutually agree, in writing, to

extend the ninety (90) days.

Section 16.7. Grievance Actions Any grievances concerning promotions made pursuant to this

Article may be filed directly at Step 4 of the grievance procedure.

Section 16.8. Release Time Employees who are on duty shall be given release time without loss

of pay to participate in the promotional process if such process occurs during the employee’s work

hours.

Section 16.9. Filling Specialized Assignments Whenever the Employer determines to fill a

vacancy in the detective bureau, major crimes unit, SWAT, Full-time School Resources Officer or

K-9 Officer, he shall post the notice of such vacancy for at least five (5) days. During this period,

employees may submit a notice of application for the vacancy. The Employer shall not be required

to consider any applications not timely filed. After reviewing the applications, the Employer shall

fill the position with the applicant who is most qualified. Nothing in this section shall be interpreted

as limiting the Employer’s right to transfer employees from these specialized assignments to other

positions based on operational reasons. Employees shall be provided, at least thirty (30) days’

notice prior to any such transfer unless such notice is not practicable due to the operational needs

of the employer.

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ARTICLE 17

HOURS OF WORK AND OVERTIME

Section 17.1. Purpose This article is intended to define the normal hours of work per day or per

week and the basis for computing overtime.

Section 17.2. Work Period Hours of work for full-time employees shall be eighty (80) hours in

a fourteen (14) day period. Employees shall normally have a workweek consisting of five (5)

consecutive eight (8) hour days, followed by two (2) days off. Except for operational needs,

employees shall have at least thirty (30) minutes of uninterrupted lunchtime.

Section 17.3. Overtime When an employee is required to work in excess of eighty (80) hours in

a fourteen (14) day period, they shall be paid overtime pay for such time over eighty (80) hours at

the rate of one and one-half (1 ½) times their regular hourly rate of pay rate. Compensation shall

not be paid more than once for the same hours under any provision of this article of Agreement.

A. For purpose of determining an employee’s eligibility for overtime, all hours in paid status

except sick leave shall be counted.

B. Employees shall not begin work prior to their normal scheduled starting time nor work beyond

their normal scheduled quitting time unless overtime has been approved by the Employer.

Section 17.4. Compensatory Time Employees may choose to take compensatory time in lieu of

overtime if such choice is indicated during the tour of duty in which the overtime is worked.

Compensatory time shall be credited to the employee and accumulated at the rate of one and one-

half (1 ½) hours for each overtime hour worked. Each employee’s compensatory time bank shall

be limited in accumulation to a maximum of eighty (80) hours. Overtime beyond eighty (80) hours

compensatory time bank will be paid. Employees may request to cash out up to eighty (80) hours

of accumulated compensatory time no later than December 15

each year, to be paid, in eight (8)

hour blocks payable no later than January 15

of each year.

Compensatory time may be taken by an employee at a mutually agreeable time, in one (1) hour

increments upon approval of the employee’s supervisor, provided that the employee’s absence

does not create an undue hardship on the operations of the Employer.

An employee who quits or retires will be paid for all of the employee’s unused compensatory time

to the employee’s credit at the final rate of pay. The spouse, beneficiary, or executor of the estate,

as applicable, shall receive any payment due in the event of the death of an employee.

Section 17.5. Time Change In the shifts affected by changes to/from Daylight Savings Time

where the workday is shortened as a result of the change, no employee will be docked. Where the

workday is lengthened due to the time change, that hour will not be compensated.

Section 17.6. Exchange of Days Off Where an employee requests to work a day off in exchange

for a day to be scheduled off, the employee’s pay status shall not be affected. When employees

exchange shifts with the approval of the Employer (or designee), the pay status of neither is

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affected, except that an employee who works an exchange and is required to work overtime shall

receive the overtime. Shift exchanges must all be done in the same work period.

Section 17.7. Shift and Days Off Preference Employees shall select their shift assignment by

seniority during the period between October 1 and October 15 annually. The Sheriff may veto a

member’s shift selection provided the decision to do so is not arbitrary, capricious or without just

cause.

The Employer shall make all shift assignments prior to the vacation calendar being posted, but the

assignment will take effect in the first pay period in January of the following calendar year. Within

the shift assignments the Employer shall determine the days off available for the employees.

Within the shift and division assignments, Bargaining Unit employees shall be permitted to bid on

days off and sub-station based on seniority. Such request shall not be unreasonably denied.

This section shall not apply to specialized assignments for which the Employer has the discretion

to assign days off.

Section 17.8. Stand-By Any employee who, while on Employer ordered stand-by status, is

required to remain on the Employer’s premises, or at the employee’s home or other specific

location to await a call when needed, is considered as being unable to use the time effectively for

the employee’s own purposes, and shall be considered to be working during the entire time the

employee is on stand-by.

Section 17.9. Distribution of Overtime

A. Whenever the Employer determines to offer overtime to Bargaining Unit employees, the

Employer shall post an electronic notice of such overtime opportunities to each eligible

employee’s office e-mail account as soon as possible. Employees may electronically accept

these overtime opportunities. Such overtime shall be worked by the most senior employee who

signs up for the overtime.

The posting requirement shall only apply to overtime opportunities that are known by the

Employer at least seventy-two (72) hours in advance of the hours to be worked. Employees

must sign up for the overtime within forty-eight (48) hours of the posting. If no one has signed

up for the overtime opportunity, then the employer will mandate bargaining unit employees to

fill the vacancy. Whenever possible, the Employer will notify the employee being mandated

at least twenty-four (24) hours before the start of the shift which requires the overtime.

Normally, to fill such a vacancy, the employer will hold over an employee scheduled to work

the prior shift (for four (4) hours) and order an employee scheduled to work the succeeding

shift to start four (4) hours early.

B. Normally, no employee shall be mandated two (2) consecutive calendar days in a row.

C. Nothing in this section shall be construed as prohibiting the Employer from requiring

employees to work overtime when necessary. However, mandated overtime should be ordered

on a rotating basis starting with the least senior employee on duty. Such rotation shall not start

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over each bi-weekly pay period. This Section shall not apply when the overtime to be worked

requires special skills or assignments in the Detective Bureau, Major Crimes, SWAT, Full-

time School Resources, K-9 positions or future positions that the parties identify as specialized.

ARTICLE 18

WAGES

Section 18.1. Wage Rates

The Deputy pay plan shall consist of individual steps within a single pay grade through which

bargaining unit members shall move laterally as depicted below:

Step 1 shall be a training rate and shall be the hiring rate except that the County may start a new

hire at Step 2 if he/she is currently certified as having completed the Ohio Peace Officers Training

Program and has proven law enforcement experience.

Bargaining unit members shall advance to each consecutive step on the first day of the pay period

following completion of noted years of service.

Effective the first pay period after January 1, 2018 wage scale shall be:

Step

Hire 1 Year 3 Year 5 Year 7 Year 9 Year 10 Year 11 Year

Step

Deputy

$18.83 $19.39 $19.96 $20.55 $21.77 $22.64 $23.52 $26.43

Effective the first pay period after January 1, 2019 the following wage scale shall be:

Step

Hire 1 Year 3 Year 5 Year 7 Year 9 Year 10 Year

Step

Deputy

$19.41 $19.98 $20.56 $21.17 $22.41 $24.19 $27.22

Effective the first pay period after January 1, 2020 the following wage scale shall be:

Step

Hire 1 Year 3 Year 5 Year 7 Year 9 Year 10 Year

Step

Deputy

$19.80 $20.38 $20.97 $21.59 $22.86 $24.67 $28.04

The correction officer pay plan shall consist of four (4) individual steps within a single pay grade

through which correction officers shall move laterally (from Step 1 to Step 4) as depicted below:

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Ohio Patrolmen’s Benevolent Association - Deputies

Step 1 shall be a training rate and shall be the hiring rate. Bargaining unit members shall advance

to each consecutive step on the first day of the pay period following completion of noted years of

service.

Effective the first pay period after January 1, 2018 the following wage scale shall be:

Corrections

Step

Hire

1 Year

3 Year

5 Year

Step

Hourly Rate

$17.58 $18.29 $19.01 $19.38

Effective the first pay period after January 1, 2019 the following wage scale shall be:

Corrections

Step

Hire

1 Year

3 Year

5 Year

Step

Hourly Rate

$17.93 $18.66 $19.39 $19.77

Effective the first pay period after January 1, 2020 the following wage scale shall be:

Corrections

Step

Hire

1 Year

3 Year

5 Year

Step

Hourly Rate

$18.29 $19.03 $19.78 $20.17

Section 18.2. Officer in Charge Any employee in the classification of Deputy appointed by the

Employer as Officer-In-Charge to act in the place of a supervisor shall receive an additional one

dollar fifty cents ($1.50) per hour for all hours worked in such position.

Section 18.3. Canine Corp The Employer shall comply with the provisions of the FLSA as it

relates to canine employees.

Section 18.4. Call-In/Court Time An Employee prescheduled for overtime or called in or

scheduled for court outside the employee’s regularly scheduled shift, which time does not abut the

employee’s regularly scheduled shift, shall be paid for all time actually worked, but in no event

will the amount be less than three (3) hours’ pay at the appropriate rate of pay. Bargaining unit

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members shall be permitted to use a lot cruiser, if available, for travel to court hearings and

training.

Any employee called in to rectify the employee’s own error shall be credited with the actual time

worked at the employee’s regular rate of pay and not with the minimum premium herein stated.

Section 18.5. Field Training Officer Any employee appointed by the Employer as a Field

Training Officer shall be compensated one (1) hour of compensatory time for completing a

majority of a shift of training with a probationary officer.

Section 18.6. Longevity Pay Longevity pay shall be forty dollars ($40.00) for each year of

service and shall apply to all employees who have completed ten (10) years of service.

Longevity pay shall be forty-five dollars ($45) for each year of service and shall apply to all

employees who have completed fifteen (15) years of service.

Section 18.7. PERS Pick-Up The Employer shall make a “designated PERS pick-up” of each

employee’s statutory-required contribution to the Public Employees Retirement System of Ohio

(PERS) so as to permit the treating of an employee’s contribution to PERS as a deferred annuity

for personal income tax purposes. The implementation of the “designated pick-up” shall not result

in either an increase or decrease to an employee’s gross income.

Section 18.8. Detective On-Call Pay A member required to be on-call shall be paid twelve

dollars ($12) per day for each full day (24 hour period) on call.

ARTICLE 19

VACATION

Section 19.1. Accrual The amount of vacation time to which an employee is entitled is based

upon the length of service with the Employer, and is as follows:

Length of Service Vacation Hours

Less than one (1) year 0 (zero)

One (1) year but less than eight (8) years 80 (eighty)

Eight (8) years but less than fifteen (15) years 120 (one hundred twenty)

Fifteen (15) years but less than twenty-two (22) years 160 (one hundred sixty)

Twenty-two (22) years or more 200 (two hundred)

Vacation shall be credited each bi-weekly pay period at the following rate:

A. 3.1 hours per pay for those entitled to 80 hours.

B. 4.6 hours per pay for those entitled to 120 hours.

C. 6.2 hours per pay for those entitled to 160 hours.

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D. 7.7 hours per pay for those entitled to 200 hours.

Section 19.2. Schedule The Employer shall post a vacation calendar in each division (e.g., Patrol

and Corrections, etc.) no later than November 1

of each calendar year for the subsequent year.

Prior to December 1 of each calendar year, employees shall mark and sign for the dates for the

subsequent year on which they prefer to use their accumulated vacation. The vacation calendar

will be taken down at 0001 hours on December 2. Vacation leave in excess of forty (40) hours

may be taken in one (1) hour increments. Requests must be submitted on the unit calendar. Such

requests shall be honored on the basis of the employee’s seniority with the Employer and the

Employer will notify the employee of the approval or denial of the bid for vacation no later than

2359 hours on December 6, subject to the following limitations and exceptions:

A. An employee may request no more than two (2) weeks’ vacation for the subsequent calendar

year prior to the December 1 closing date. After the December 6 notification of approval or

denial of vacation dates, an employee may request to schedule the employee’s remaining

accrued vacation. However, time off requests will not be granted if the employee will not have

sufficient accrual of time at the time of leave.

B. Vacation and other time off requests for less than one (1) full workweek (excluding weeks,

which include holidays) are honored solely on the basis of order of application. When an

employee submits a time off request to the Employer, action shall be taken and time off request

slips shall be returned to the employee within three (3) working days.

C. Vacations are scheduled and approved in accordance with the workload requirements of the

Employer.

D. All vacation leave is subject to the Employer’s approval. Such approval shall not be

unreasonably denied.

Section 19.3. General Generally, vacation leave shall be taken by an employee between the year

in which it was accrued and the next anniversary date of employment. Employees may carry over

accumulated vacation leave for up to three (3) years beyond the date of accrual. Days specified as

holidays in the Holiday Article of this Agreement shall not be charged to an employee’s vacation

leave.

Section 19.4. Conversion At Separation An employee, with at least one (1) year of service, is

entitled to compensation, at the employee’s current rate of pay, for any earned but unused vacation

leave at the time of separation of employment.

Section 19.5. Hospitalization During Vacation An employee hospitalized while on vacation

shall, upon request and upon submission of sufficient evidence of the hospitalization, be entitled

to change the employee’s vacation status to sick leave for all days hospitalized and any subsequent

days necessary for recovery. Upon submission of the request with evidence, any vacation charged

to the employee for the duration of the illness shall be restored to the employee’s credit.

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ARTICLE 20

HOLIDAYS

Section 20.1. Holidays Employees shall be entitled to the following paid holidays:

A. New Years’ Day (1

day of January)

B. Martin Luther King Day (3

Monday of January)

C. President’s Day (3

Monday of February)

D. Memorial Day (Last Monday in May)

E. Independence Day (4

Day of July)

F. Labor Day (1

Monday of September)

G. Veterans Day (11

Day of November)

H. Thanksgiving Day (4

Thursday of November)

I. Day after Thanksgiving (Friday after 4

Thursday)

J. Christmas Day (25

Day of December)

Section 20.2. Rates of Pay All employees shall receive eight (8) hours’ straight time pay at their

regular rate for holidays listed in Section 20.1. above. Employees normally not scheduled on the

holiday will receive the holiday off, plus their holiday pay. Employees who work on a holiday

shall receive holiday pay plus one and one-half (1½) times their regular rate for all hours worked

on the holidays (listed in Section 20.1. above). Employees scheduled to work on a holiday who

call off sick shall be entitled to their straight time holiday pay and will not be charged sick leave.

Section 20.3. Detectives Employees assigned to the detective section shall receive holiday pay

for holidays A, E, H & J and have those holidays off unless required to work by the Employer or

designee. The remaining holidays listed above may be worked at the appropriate rate unless a

holiday is the employee’s regular scheduled day off.

Section 20.4. Personal Days Employee’s shall receive two (2) personal days, after completion

of one (1) year of service. Personal days must be used in eight (8) hour increments upon approval

of the supervisor, provided that the employee’s absence does not create an undue hardship on the

operations of the Employer. Personal days shall not accumulate except that personal days denied

by the Employer may be carried forward into the following years.

Section 20.5 Designated Days Employees shall be entitled to a paid holiday on any other day

appointed and recommended by the Governor of this State or the President of the United States

ARTICLE 21

UNIFORM/EQUIPMENT

Section 21.1. Original Appointment Upon original appointment, employees shall be provided

with all uniforms, professional in appearance, and equipment required by the Employer in

quantities specified by the Employer.

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Ohio Patrolmen’s Benevolent Association - Deputies

Section 21.2. Uniform Allowances Upon completion of one (1) year of service, all deputies and

detectives shall be entitled to a uniform replacement bank allowance of eight hundred dollars

($800.00) per year. Each Deputy and Detective shall be paid three hundred dollars ($300.00) no

later than February 15

of each year. In addition, when a deputy is initially assigned to the detective

division for “plain clothes” duty, the deputy shall receive two hundred dollars ($200.00) for

appropriate clothing.

Employees assigned to the detective bureau shall receive a check in the amount of one thousand

($1,000) no later than February 15 of each year as well as a uniform bank allowance of three

hundred dollars ($300) each year.

Upon completion of one (1) year of service, all corrections officers shall be entitled to a uniform

replacement bank allowance of five hundred dollars ($500.00) per year. Each corrections officer

shall be paid two hundred fifty dollars ($250.00) no later than February 16

of each year. This

cash payment shall compensate employees for miscellaneous work related items and dry cleaning.

Section 21.3. Uniforms Returned All uniforms, accessories and equipment purchased by the

Employer shall remain the property of the Employer. Upon termination of employment, the

employee shall return such items to the Employer, or with the approval of the Employer, shall pay

the County a fair market value for those items the employee is permitted to keep.

Section 21.4. Damaged Uniforms The Employer shall replace, at no cost to the employee, any

uniform/equipment or piece thereof, which is damaged or destroyed in the line of duty or scope of

employment, unless the negligence of the employee causes the loss. Any such incident shall be

reported to the Employer or the Employer’s designee who shall make the appropriate allowance

to replace the uniform or piece of equipment.

Section 21.5. Personal Property Where an employee supplies evidence that the employee

sustained damage to necessary personal property while performing the duties of the employee’s

assigned work with due caution and without negligence on the part of the employee, the employee

shall be reimbursed for the cost of necessary repairs or replacements (no more than two hundred

dollars ($200.00) for jewelry items). The employee shall present the damaged personal property

for the Employer’s inspection prior to the repair or replacement of said property. (Repair or

replacement of said property shall be at the Employer’s option.) In order to receive uniform

replacement, under this Section, the employee must apply for restitution through the courts, if

applicable. Any restitution received by the employee must be turned over to the employer.

Section 21.6. Eyewear/Dentures In the event of damage to prescription eyewear (including

frames and contact lenses) and dentures, the Employer shall pay the difference between the amount

reimbursed from Workers’ Compensation and the actual cost of repair or replacement, if any.

Section 21.7. Vests The Employer shall provide body armor vests for all employees requesting

the vests. The employees, who request the vest, shall be required to wear the vest. Such vests shall

be replaced as needed in accordance with the manufacturer’s specifications.

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ARTICLE 22

INSURANCES

Section 22.1. Health Insurance The Employer shall make available to bargaining unit

employees general insurance and hospitalization, including supplemental benefits that are equal to

the coverage provided to other non-bargaining unit employees of the county that are totally funded

by the general fund.

Section 22.2. Selection of Coverage Employees electing supplemental benefits (e.g., vision,

dental, prescription drug, etc.) may only elect the category, which corresponds to their health care

category (i.e., single or family).

Section 22.3. Premium Sharing Effective January 1, 2018, Bargaining unit employees shall pay

fifteen percent (15%) of the monthly health insurance premium, provided that the employee’s

share of the premium contribution shall not increase by more than fifteen percent (15%) from the

2017 employee contribution rates.

Effective January 1, 2019, bargaining unit employees shall pay fifteen percent (15%) of the

monthly health insurance premium, provided that the employee’s share for single or family

coverage shall not increase by more than fifteen percent (15%) from the 2018 employee

contribution rate.

Effective January 1, 2020, bargaining unit employees shall pay fifteen percent (15%) of the

monthly health insurance premium, provided that the employee’s share for single or family

coverage shall not increase by more than fifteen percent (15%) from the 2019 employee

contribution rate. If any general fund employee is permitted to enjoy an increase in premium, less

than the maximum rate referenced in this Section, for calendar year 2020, all bargaining unit

members will be afforded that same lesser increase.

Section 22.4. Life Insurance The Employer agrees to provide, at no expense to the employee,

term life insurance in the amount of the employees’ yearly salary rounded up to the next one

thousand dollars ($1,000.00) not to exceed fifty thousand dollars ($50,000.00).

Section 22.5. Modification to Coverage The determination of carriers and/or method of

providing insurance rest with the Employer. Any change in carriers, coverage, or methods of

providing insurance, which would affect the bargaining unit in any way, shall be discussed with

the OPBA prior to implementation. The Employer may periodically change the plan coverage,

including deductibles, co-payments, etc., but will do so after notice, and discussions with the

OPBA. Minor adjustments of deductibles, co-pays, etc., shall not be considered as a reduction of

benefits.

Section 22.6. Administrative Issues Employees who do not have sufficient compensation in

any given pay period to cover their premium contribution shall be discontinued from coverage

unless the employee makes a direct payment to the Employer for the employees’ share of the health

insurance premium.

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Any re-enrollment or reinstatement of any employee to the insurance plan shall be subject to the

re-enrollment provisions.

Section 22.7. Indemnification The Employer agrees to indemnify and defend any employee

from actions arising out of the lawful performance of the employee’s official and/or assigned

duties in accordance with applicable law.

Section 22.8. Pre-Tax Plan Employees premium sharing shall be deducted prior to taxes as

allowed by an I.R.S. 125 Plan.

ARTICLE 23

SICK LEAVE

Section 23.1. Accrual For each completed eighty (80) hour pay period in active pay status, an

employee earns 4.6 hours of sick leave. (Active pay status will be defined as hours worked, hours

on approved paid leave, and hours on paid sick leave.) The amount of sick leave any one (1)

employee may accrue is unlimited.

All employees shall earn sick leave as follows:

2.0 hours per bi-weekly pay period - short term sick leave

2.6 hours per bi-weekly pay period - long term sick leave

Short-term sick leave may be utilized when an employee is absent for less than three (3) days for

a reason set forth in Section 23.2. An employee may use long-term sick leave when absent for

three (3) or more days for a reason set forth in Section 23.2. Any use of long-term sick leave shall

require a physician’s statement justifying the use of sick leave. Upon proper medical

documentation, if an employee exhausts long-term sick leave, the employee shall be permitted to

use accrued but unused short-term sick leave for a long-term absence.

Section 23.2. Uses Sick leave may be granted to an employee upon approval of the Employer

for the following reasons:

A. Illness of the employee or illness of the employee’s immediate family requiring the employee’s

personal care and attendance. Such leave shall be for a reasonable time as necessary to make

appropriate longer term arrangements.

B. Exposure of the employee to a contagious disease, which would have the potential of

jeopardizing the health of the employee or the health of others.

C. Medical, dental, or optical examination or treatment of an employee or a member of the

employee’s immediate family, which requires the presence of the employee, and which cannot

be scheduled during non-working hours.

D. Childbirth and/or related medical conditions of the employee or spouse.

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

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E. Injury of the employee after “injury leave” has expired.

F. Death of a member of the employee’s immediate family. Any sick leave use for bereavement

purposes shall be deducted from the long-term sick leave bank, if available.

When sick leave is used, it shall be deducted from the employee’s sick leave credit on the basis of

one (1) hour for every one (1) hour of absence from previously scheduled work. Sick leave used

at the beginning of a shift shall be no less than two (2) hours unless used for a doctor’s appointment.

Employees shall not use sick leave to cover tardiness.

Section 23.3. Mark-Off When an employee is unable to report to work, the employee shall

notify the employee’s immediate supervisor or other designated person at least two (2) hours

(unless extenuating circumstances prohibit doing so) prior to the time the employee is scheduled

to report to work on each day of absence, unless other arrangements are made with the employee’s

supervisor.

Upon return to work an employee shall complete an “Application for sick leave” form within forty-

eight (48) hours to justify the use of sick leave. The Employer may, when an employee utilizes

sick leave for medical appointments or where an absence is for three (3) or more consecutive days,

require the employee to furnish a certificate from a physician, dentist, or other medical practitioner.

Whenever patterned use of sick leave or sick leave abuse is suspected the Sheriff or Designee may

require a medical certificate justifying sick leave.

Section 23.4. Immediate Family (Sick) For the purpose of this Article, immediate family shall

consist of an employee’s spouse, parents, children, grandparents, siblings, grandchildren, brother-

in-law, sister-in-law, daughter-in-law, son-in-law, mother-in-law, father-in-law, step-parents, step-

children, step-siblings, or a legal guardian or other person who stands in the place of a parent (in

loco parentis).

Section 23.5. Immediate Family (Bereavement) The use of sick leave for bereavement

purposes shall not exceed three (3) days for an employee’s spouse, child, parent, grandparents,

siblings, grandchildren, step-parents, step-children, step-siblings, or a legal guardian or other

persons who stand in the place of a parent (in loco parentis). The use of sick leave for bereavement

purposes shall not exceed one (1) day for an employee’s brother-in-law, sister-in-law, daughter-

in-law, son-in-law, grandparents-in-law, mother-in-law, and father-in-law.

Section 23.6. Retirement An employee with at least five (5) years of service who resigns or

retires from the Employer under PERS shall be paid for twenty-five percent (25%) of accrued but

unused sick leave up to a maximum payment of two hundred forty (240) hours. Such payment

shall eliminate all sick leave credited to the employee. The spouse or estate of an employee killed

in the line of duty shall receive one hundred percent (100%) of that employee’s accumulated sick

leave.

Section 23.7. Prior Service Employees who transfer between departments or agencies, or from

other public employment, or who are appointed, re-appointed, or reinstated with ten (10) years of

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

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prior public service employment will be credited with unused balance of sick leave upon

submission of certification of employment and sick leave balances from previous employers.

Section 23.8. Donated Time All members of the bargaining unit shall be eligible for donated

time benefits, subject to the terms of this Article, to relieve hardship resulting from extended illness

or injury.

A. When the Employer is made aware of an employee’s need for leave donations, a notice will be

posted informing employees of a particular employee’s need for assistance. Any donations

made pursuant to this Article must be voluntary.

B. Employees will be eligible to receive leave donations if:

1. They have been placed on an approved medical leave of absence;

2. The leave is expected to last at least thirty (30) days; and

3. The employee does not have sufficient accrued vacation and sick leave to prevent the loss

of a significant amount of income.

C. An employee may donate up to eighty (80) hours of compensatory time, vacation, or sick leave

to a specific recipient by signing and submitting to the Employer a Leave Donation Form,

donating such time.

D. A recipient may use donated leave only after having exhausted the employees own accrued

vacation, compensatory time, and sick leave. Donated leave will be used in place of the

employee’s regularly scheduled work days to the extent necessary. If a recipient does not use

all donated leave during the leave of absence, the unused donations will be returned to all

donors on a prorata basis.

Section 23.9. Fitness for Duty Examinations

A. The Employer may require an employee to take an examination, conducted by a licensed

practitioner to determine the employee’s physical or mental capability to perform the material

and substantial duties of the employee’s classification.

Examinations are intended to guard the health and safety of employees and the citizens of

Fairfield County and will be ordered when the Employer has reasonable concern for an

employee’s ability to perform the material and substantial duties of the position.

The cost of such examination shall be paid by the Employer. If the employee disagrees with

the Employer’s determination, the employee may be examined by a physician of the

employee’s choice at the employee’s expense. If the two (2) reports conflict a third opinion

shall be rendered by a neutral physician chosen by the first two (2) physicians whose decision

shall not be appealable to the grievance procedure. The neutral physician’s cost shall be borne

by the Employer.

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

B. If an employee, after examination, is found to be unable to perform the material and substantial

duties of the employee’s position, then the employee may utilize accumulated unused leave

time or other leave benefits (including but not limited to worker’s compensation, if eligible).

If an employee applies for disability retirement benefits, the Employer will support that

application. However, this provision may not be considered an admission or agreement for

workers’ compensation benefits.

C. Leave under the provisions of this Section shall continue for a period of up to two (2) years

(which period includes time spent in any leave status, paid or unpaid). If an employee refuses

to go on a leave status or refuses to request paid or unpaid leave, the Employer may place the

employee on an unpaid leave or disability leave. If the employee is not able to return to work

by the end of that two (2) year period, the employee shall be deemed permanently separated

from employment with the Employer.

D. Employees requesting to return from disability leave must submit documentation of their

ability to perform the material and substantial duties of their classification. The Employer may

require an examination prior to return to work at the Employer’s expense.

E. Refusal of an employee to submit to an examination shall be grounds for appropriate discipline.

Section 23.10. Wellness Incentive The Employer shall maintain a Wellness Incentive Program

in accordance with the current Fairfield County Personnel Manual as an incentive to minimize sick

leave and increase attendance. The wellness period runs from December 1 through November 30.

In order to be eligible, an employee must be a full-time employee for the entire wellness period.

All new full-time employees hired after December 1, of each year, are eligible for the program

beginning with the next twelve (12) month wellness period following their date of hire where they

are employed for the entire wellness period. Based upon the following schedule, eligible full-time

employees will be permitted to convert a determined amount of unused sick leave to an equal

number of personal leave hours.

1. If a full-time employee uses 8 hours or less of sick or unpaid leave during a wellness period,

the employee may convert up to 40 hours of sick leave to personal leave hours.

2. If a full-time employee uses between 8.25 and 16 hours of sick or unpaid leave during a

wellness period, the employee may convert up to 32 hours of sick leave to personal leave

hours.

3. If a full-time employee uses between 16.25 and 24 hours of sick or unpaid leave during a

wellness period, the employee may convert up to 24 hours of sick leave to personal leave

hours.

4. If a full-time employee uses between 24.25 and 32 hours of sick or unpaid leave during a

wellness period, the employee may convert up to 16 hours of sick leave to personal leave

hours.

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

5. If a full-time employee uses between 32.25 and 40 hours of sick or unpaid leave during a

wellness period, the employee may convert up to 8 hours of sick leave to personal leave

hours.

If an employee elects to convert the hours to personal leave days, the employee must utilize the

personal days within the wellness period that immediately follows the wellness period in which

the personal days were earned.

After December 1 of each year, the Employer’s payroll department will notify all employees who

are eligible for the sick leave conversion program and provide them with a “Request to Convert

Sick Leave to Personal Leave” form.

ARTICLE 24

LEAVES OF ABSENCE

Section 24.1. Leaves Without Pay Employees may be granted the following types of unpaid

leaves of absence:

A. Disability Leave: A physically incapacitated employee may request a disability leave. A

disability leave may be granted for a period of up to one (1) year when the disability continues

beyond accumulated sick leave rights and provided the employee is:

1. Hospitalized or institutionalized;

2. On a period of convalescence following hospitalization or institutionalization authorized

by a physician at the hospital or institution; or,

3. Is declared incapacitated from the performance of the duties of the employee’s position by

a licensed physician designated by the Employer.

The employee must submit adequate medical documentation at the time he seeks reinstatement.

The Employer may require the employee to be examined by a physician of its own choosing prior

to reinstatement to determine fitness for duty.

B. Family and Medical Leave: Employees shall be permitted time off in accordance with the

Family Medical Leave Act.

C. Personal Leave: The Employer may grant a leave of absence to any employee for a maximum

duration of six (6) months for any personal reasons of the employee. The employee shall

include all pertinent information relating to the need of a personal leave of absence with the

employee’s request for leave.

D. Authorization for Leave: The authorization of a leave of absence without pay is a matter of

administrative discretion. The Employer shall decide in each individual case if a leave of

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

absence is to be granted. No leave of absence shall be granted for the purpose of working

another job. A leave of absence shall be requested on the standard Request for Leave form.

E. Reinstatement from Leave: Upon completion of a leave of absence, the employee is to be

returned to a position formerly occupied, or to a similar position if the employee’s former

position no longer exists. An employee may contact the Employer prior to the expiration of

said leave and may be granted a reasonable extension, at the discretion of the Employer, within

the various maximum time limits established under this Article.

F. Insurance Premiums During Leaves: Where an employee has requested and been granted an

unpaid leave, the employee shall continue on the county health insurance program for a period

of sixty (60) calendar days from the date of approval of the leave, (except as is required by the

FMLA) provided the employee makes arrangements with the Employer for the payment of the

premium costs.

Section 24.2. Leaves With Pay Employees may be granted the following types of paid leaves

of absence:

A. Court Leave: The Employer shall grant court leave with pay and without loss of benefits to

any employee who:

1. Is summoned for jury duty by a court of competent jurisdiction, or

2. Is subpoenaed to appear before any court, commission, board, or other legally constituted

body authorized by law to compel the attendance of witnesses where the employee is not a

party to the action, and pertains to or arises from the employee’s official duties, the

employee shall have all time spent in court counted as hours worked.

3. The employee shall submit any and all fees issued by the court, board, or other legally

constituted body to the Employer to be eligible to receive full pay.

4. The employee shall return to duty if there is time remaining on the employee’s shift after

being released from court.

B. Military Leave: The Employer and OPBA agree and understand that Federal and State Laws

shall govern the use of military leave.

C. Injury Leave:

1. Regular Injury Leave. In the event of a service-connected injury or occupational illness

which occurred during a non-emergency situation but was incurred in the active discharge

of duty, which illness or injury is not the result of “horseplay” or negligence by the

employee, the Employer shall grant the employee full pay for a period not to exceed thirty

(30) calendar days. The Employer may grant additional injury leave, on a case-by-case

basis and at the Employer’s discretion, up to an additional thirty (30) calendar days. Thirty

(30) calendar days paid leave is fully paid by the Employer, and is in lieu of Worker’s

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

Compensation. An employee who applies for injury leave will apply to BWC for medical

benefits only, and not lost income benefits. If the injury claim is denied by Workers’

Compensation, the employee will revert to sick leave status.

2. Special Injury Leave. When an employee becomes injured, ill, or disabled as a result of an

event arising out of and in the course of bona fide police work, so as to be physically unfit

for duty, the Employer shall grant the employee full pay for a period not to exceed one

hundred twenty (120) working days. For very serious duty related injuries, the Employer

may grant additional injury leave, on a case-by-case basis and at the Employer’s discretion,

up to an additional one hundred twenty (120) working days. Injury leave is fully paid by

the Employer, and is in lieu of Worker’s Compensation. An employee who applies for

special injury leave will apply to BWC for medical benefits only, and not lost income

benefits. If the employee’s injury claim is denied by Workers’ Compensation, the

employee will revert to sick leave status. The injury leave may commence beginning with

the first working day of such disability pending the documentation from a physician

supporting the injury leave. In order to be eligible for the special on-the-job injury leave

as provided in this Article, the employee’s disability must be evidenced by certificate of a

physician who examined the employee. Special on-the-job injury leave shall not be granted

to employees who incur injuries of a routine nature or those which occur in the course of

non-emergency situations.

a. Injury leave is granted on a per incident basis.

b. The Employer may require an employee claiming a service-connected injury to submit

to a physical examination by a physician of the Employer’s choosing. Any such

examination shall be at the Employer’s expense.

c. If a third party is liable to the employee for injuries which are compensated pursuant to

this article and the employee receives compensation from the third party, the employee

shall remit to the Employer any monies received for lost wages up to the amount paid

by the County pursuant to this article. In no event shall the employee be required to

remit to the Employer more than the net amount of recovery, after attorney fees and

cost of litigation.

d. Employees who are physically unable to perform the duties of their position shall be

considered for “Light Duty”/Transitional work on a case by case basis.

ARTICLE 25

TRAINING AND EDUCATION

Section 25.1. Certification If accreditation, licensure, or certification requirements for

Bargaining Unit employee’s change during the term of this Agreement, affected Bargaining Unit

employees must meet all requirements as soon as possible consistent with applicable law. If

employees fail to meet firearms re-certification, those employees shall be permitted to be re-tested

in accordance with the Employer’s current policy. If the employee fails to meet the requirements

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

of the job, the employee may be suspended without pay or terminated at the discretion of the

Employer.

Section 25.2. Training Whenever employees are required to attend work-related training

sessions, they shall be given time off from work with pay to attend such programs, including any

necessary travel time needed. Any reasonable costs incurred in such training shall be paid by the

Employer, provided that they have been approved in advance. The Employer shall make all

reasonable efforts to ensure that employees on specialty teams are properly trained.

Section 25.3. Tuition Reimbursement Bargaining unit employees shall be entitled to participate

in the County tuition reimbursement program.

ARTICLE 26

SUBSTANCE TESTING

Section 26.1. Testing Drug/alcohol testing may be conducted on employees, post-incident,

reasonable suspicion, or randomly. Random testing may test up to twenty-five percent (25%) of

the work force once a year unless there is already reasonable suspicion.

Reasonable suspicion that an employee used or is using a controlled substance or alcohol in an

unlawful or abusive manner may be based upon, but not limited to:

A. Observable phenomena, such as direct observation of drug or alcohol use or possession and/or

the physical symptoms of being under the influence of a drug or alcohol;

B. A pattern of abnormal conduct or erratic behavior, including abnormal leave patterns;

C. Arrest or conviction for a drug or alcohol-related offense, or the identification of an employee

as the focus of a criminal investigation into illegal drug or alcohol possession, use or

trafficking;

D. Information provided either by reliable and credible sources or independently corroborated;

E. Evidence that an employee has tampered with a previous drug test; and

F. Facts or circumstances developed in the course of an authorized investigation of an accident

or unsafe working practice.

A bargaining unit employee may of their own volition, even if not ordered to do so, undergo a drug

and/or alcohol screening test if the employee is involved in an on-duty incident or accident

involving bodily injury, extensive property damage, or death. Testing done under these

circumstances will be treated in the same manner as if the employee had been ordered to undergo

screening.

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

Section 26.2. Screening All drug screening tests shall be conducted by medical laboratories

certified by the Department of Health and Human Services or certified by a DHHS recognized

certification program. No test shall be considered positive until it has been confirmed by a Gas

Chromatography/Mass Spectrometry full scan test or its equivalent. The procedures utilized by the

Employer and testing laboratory shall include an evidentiary chain of custody control. All

procedures shall be outlined in writing and this outline shall be followed in all situations arising

under this Article. The split sample method of collection shall be used and shall follow prescribed

testing procedures. Collection of samples for all random testing shall take place in a facility

operated by the Sheriff’s Office.

Section 26.3. Alcohol Testing Alcohol testing shall be done in the same manner as is used to

detect drivers operating a motor vehicle under the influence. A positive result of a blood alcohol

concentration of .03% or above shall entitle the Employer to proceed with sanctions as set forth in

this Article.

Section 26.4. Test Results

A. The results of the testing shall be delivered to the Employer and the employee tested. An

employee whose confirmatory test result is positive shall have the right to request a certified

copy of the testing results in which the vendor shall affirm that the test results were obtained

using the approved protocol methods. The employee shall provide a signed release for

disclosure of the testing results. Refusal to submit to the testing provided for under this Article

may be grounds for discipline.

B. The Employer may suspend the employee without loss of pay before the time the confirmatory

test results are complete. If the screening test and confirmatory test are positive, the Employer

may discipline the employee. The use of illicit substances, on or off duty, will ordinarily result

in termination. The improper use of prescription drugs and/or alcohol may result in a lesser

discipline, depending upon the relevant circumstances. Such discipline must be uniform in its

application.

Section 26.5. Retesting Procedure

A. If a drug screening test is positive, the employee may, upon written request have the split

sample retested by a DHHS certified laboratory. This request shall be presented within

seventy-two (72) hours upon being notified of a positive result.

B. In the event the retested split sample confirms the results of the first test, the Employer may

proceed with the sanctions as set forth in this Article.

C. In the event that the retested split sample contradicts the result of the first test, the retested split

sample result is determined to be the final result.

Section 26.6. Laboratory The name of the testing laboratory shall be maintained by the

Employer. This laboratory shall conduct any testing directed by the Employer.

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

Section 26.7. Employee Sanctions If the testing required above has produced a positive result,

the Employer may take disciplinary action and/or require the employee to participate in any

rehabilitation or detoxification program that is covered by the employee’s health insurance. An

employee who participates in a rehabilitation or detoxification program shall be allowed to use

sick time, compensatory days, vacation leave, and personal leave days for a period of the

rehabilitation or detoxification program. If no such leave credits are available, the employee shall

be placed on medical leave of absence without pay for the period of the rehabilitation or

detoxification program. Upon completion of such program, and upon receiving results from a retest

demonstrating that the employee is no longer abusing a controlled substance, the employee may

be returned to their former position. Such employee may be subject to periodic retesting upon

return to the employee’s position for a period of one (1) year from the date of return to work. Any

employee in a rehabilitation or detoxification program, in accordance with this Article, will not

lose any seniority or benefits should it be necessary for the employee to be placed on medical leave

of absence without pay for a period not to exceed ninety (90) days.

Section 26.8. Failure to Comply If the employee refuses to undergo rehabilitation or

detoxification, or if the employee tests positive during a retesting within one (1) year after return

to work from such a program, the employee shall be subject to disciplinary action up to and

including termination of employment.

Section 26.9. Cost of Tests Costs of all drug screening tests and confirmatory tests shall be borne

by the Employer.

Section 26.10. Records of Results All test results and actions taken under or pursuant to this

Article shall be kept confidential in accordance with and subject to state and federal law.

ARTICLE 27

SPECIAL DUTY ASSIGNMENTS

Section 27.1. Rates All qualified employees of the Sheriff’s Office may be hired by various

businesses or organizations of the community, with the advance approval of the Sheriff (or

designee) to work special duty assignments. Payment for said services should be made by the

hiring party at a rate of no less than thirty-five dollars ($35.00) per hour or prevailing wage as

offered by the hiring parties whichever is higher with a three (3) hour minimum. The rate for

traffic special duty shall be forty dollars ($40.00) per hour.

Should an outside Employer hire four (4) Deputies to perform at the same function, at the same

time; one (1) Deputy must be a Sergeant or Lieutenant for each four (4) Deputies hired.

Supervisors shall be paid at the rate of at least forty dollars ($40.00) per hour.

If a Cruiser is needed the rate will be $5.00 per hour. All special duty shall be consistent with the

policies and directions of the Sheriff’s Office.

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

Section 27.2. Qualifications The Sheriff (or designee) will work with the agency hiring Special

Duty Deputies to assign the proper number of Deputies and Supervisors to handle each event

making sure that adequate relief is provided.

The basic qualifications for special duty assignments are as follows:

A. A current Ohio certification for law enforcement officers.

B. Current firearms qualification.

C. A current commission from the Fairfield County Sheriff.

D. Not currently on medical leave or administrative leave.

Section 27.3. Assignments Special duty assignments will be made available in the following

manner:

A. The Sheriff (or designee) shall attempt to rotate such work opportunities, based on

departmental seniority, among all qualified full-time Deputies of the Sheriff’s Office, who

have a written request for such work on file with the Special Duty Office. The Sheriff (or

designee) shall maintain a list of eligible employees in each bargaining unit

B. An exception is when a business or organization requests, in writing, a certain full-time

Deputy, then the requested Deputy will be assigned upon the approval of the Sheriff (or

designee). The Sheriff (or designee) shall maintain a list of eligible employees in each

bargaining unit.

C. When the Sheriff (or designee) has forty-eight (48) hours or less to fill a detail, excluding

holidays, which will add another twenty-four (24) hours for a total of seventy-two (72) hours,

the Sheriff (or designee) may assign any qualified employee. The Sheriff (or designee) will

attempt to equalize these opportunities as they occur.

D. The Sheriff (or designee) will always make a reasonable effort to use regular Deputies, who

have signed up for Special Duty with the Special Duty Office, before attempting to use Reserve

Deputies.

E. Once a Deputy has accepted a Special Duty detail, the Deputy is to make sure the detail is

worked or the Deputy must obtain their own replacement. The Special Duty Office must be

notified of the change by the next business day.

Section 27.4. Other Assignments The Sheriff reserves the right to withhold a Deputy’s

opportunity to participate in the Special Duty details for infractions during details or for violations

of the rules of conduct as a form of discipline.

The Sheriff reserves the right to continue any current contracts and to enter into further contracts

such as the Bremen, Pleasantville and Stoutsville Contracts according to Section 311.29 or the

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

O.R.C. and the Assistant Prosecuting Attorney, Patrick Harris’s written opinion dated November

2, 2000.

All rules, regulations and orders of the Sheriff’s Office shall apply to employees working Special

Duty details unless specifically waived by the Sheriff (or designee).

The parties agree that any extra duty/special duty performed by a bargaining unit member under

this Article shall not be considered overtime. This Article does not apply to other part-time “non-

law enforcement-type” employment an employee may work during off duty hours. This Article

shall not be subject to the grievance procedure above Step 4.

Section 27.5. Special Duty Assignments Bargaining unit employees who are awarded a special

duty assignment, that is posted on the special duty calendar, must either work the assignment or

must attempt to reassign it to someone else who had previously signed up for the same job, by

seniority.

In the event that no one else who had signed up for that specific assignment is still interested in

working it, then the person originally awarded the assignment may reassign it to any other

approved employee.

Any employee who reassigns a special duty job contrary to the language set forth in this section

three times in a calendar year will be barred from working special duty for ninety days.

The special duty coordinator must be notified of any reassignment under this section in accordance

with Section 27.3 E above.

ARTICLE 28

RETIREMENT

Section 28.1. Purchase of Service Weapon A member who honorably retires from the Sheriff’s

Office with twenty-five or more years of law enforcement service and ten (10) years with the

Fairfield County Sheriff’s office may purchase his/her service weapon or off duty weapon. The

cost of the service weapon shall be one dollar ($1.00). Pursuant to ORC 2933-13, If a member is

killed in the line of duty, the weapon shall be presented to member’s current spouse.

Section 28.2. Retirement ID Card A member who honorably retires from active duty shall be

permitted to keep his department identification card. The Employer may stamp “Retired” on the

identification card to show that the member is no longer employed by the agency.

ARTICLE 29

POLITICAL ACTIVITY

Section 29.1. Political Activity The Employer shall not promulgate rules concerning political

activity that are more restrictive than applicable law.

2018-2020 Agreement Between Fairfield Co. Sheriff’s Office and

Ohio Patrolmen’s Benevolent Association - Deputies

ARTICLE 30

DURATION

Section 30.1. Duration This Agreement shall be effective as of January 1, 2018 and shall remain

in full force and effect through midnight, December 31, 2020.

Section 30.2. Renewal If either party desires to modify or amend this Agreement, it shall give

written notice of such intent no earlier than one hundred twenty (120) calendar days prior to, nor

later than ninety (90) calendar days prior to the expiration date of this Agreement. Such notice

shall be by certified mail.

2018·2020

Agreement

Between

Fairfield

. Sheri!Ts

OOice

and

Ohio

Patrolmen's Benevolent Association· Deputies

SIGNATURE PAGE

FOR

THE

FAIRFIELD

COUNTY

SHERIFF:

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.....:.:...

-"t:.:..

P1---

Dave

Phalen, Sheriff

APPROVED

FORM:

FOR

THE

OPBA:

Approved

and journalized

the

Fairfield County

Board

Commissioners

Resolution