PREFACE

The COUNTY OF INGHAM (hereinafter referred to as "County") and the CAPITOL CITY LODGE NO. 141, FRATERNAL ORDER OF POLICE LABOR PROGRAM, INC. (hereinafter referred to as the "Lodge") recognize their moral and legal responsibilities under Federal, State, and local laws relating to fair employment practices.

The County and the Lodge recognize the moral and legal principles involved in the area of civil rights and have reaffirmed in their collective bargaining agreement their commitment not to discriminate because of race, creed, color, national origin, age, sex (including sexual harassment, sexual orientation, or sexual preference), religion, marital status, handicap, height, weight, or political affiliation.

AGREEMENT

This Agreement shall be effective January 1, 2006, by and between the COUNTY OF INGHAM (hereinafter referred to as the "County") and the CAPITOL CITY LODGE NO. 141, FRATERNAL ORDER OF POLICE LABOR PROGRAM, INC. (hereinafter referred to as the "Lodge").

It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relationships between the parties hereto, to provide an orderly and peaceful means of resolving any misunderstandings or difference which may arise, and to set forth herein the basic agreement between the parties concerning wages, hours, and other conditions of employment.

ARTICLE 1

RECOGNITION OF THE LODGE

Section 1. Recognition. Pursuant to and in accordance with the provisions of Act No. 379 of the Public Acts of the State of Michigan of 1965, as amended, the County hereby recognizes the Lodge as the exclusive representative of all the public employees in the bargaining unit defined below.

Section 2. Definition of the Bargaining Unit. The bargaining unit shall consist of:

All full and regular part-time animal control officers, animal shelter operators, license enforcement officers, and field supervisory officer. Excluding supervisors, confidentials, clerical, casual and temporary employees.

Section 3. Job Description. The County will have on file the job descriptions and duties of all of the classifications covered by this Agreement. A copy of the same will be supplied to the Fraternal Order of Police representative.

ARTICLE 2

DEFINITION OF EMPLOYEES

Section 1. Full-Time Employees. Employees regularly scheduled to work forty (40) hours per week shall be considered full-time employees. Full-time employees shall be entitled to all of the benefits set forth in this Agreement. Any change in the concept of full-time employment is subject to the mutual agreement of the parties hereto.

Section 2. Part-time Employees. Employees regularly scheduled to work less than full time, but at least half time, i.e. 20 hours per week, shall be considered "regular part-time employees." Such employees shall: (a) Be paid for hours worked at the regular rate of their salary grade; (b) Receive overtime pay on the same basis as full-time employees, i.e. any time worked over 40 hours per week; (c) Receive vacation, sick leave, holiday pay and uniform cleaning allowance, at one-half the rate hereinafter stated; (d) Be eligible for single subscriber health insurance coverage; (e) Receive retirement benefits where eligible on a pro-rated basis in proportion to their work schedule. Employees regularly scheduled to work less than half time, i.e. 20 hours per week, shall be considered "special part-time employees." Such employees shall not be covered by this agreement.

Section 3. Probationary Employees. See Article 10, Section 1, for the definition of probationary employees.

Section 4. Temporary Employees. Employees hired for a period of six (6) months or less, regardless of the number of hours scheduled, shall be considered temporary employees. Temporary employees shall not attain seniority in the bargaining unit, and shall be compensated by wages only. Wages for such employees shall not exceed a rate of ten percent (10%) above the beginning salary rate for the position in question. Should a temporary employee be hired into a posted permanent position, normal hiring procedures shall be followed to determine the permanent compensation rate. Temporary employees shall be eligible for compensation by wages only, and shall not be entitled to any other economic benefits hereinafter provided for.

ARTICLE 3

MANAGEMENT RIGHTS

Section 1. Rights. The Lodge recognizes that the County reserves and retains, solely and exclusively, all rights to manage and direct its work force and to manage and operate the County's affairs.

All rights, functions, powers and authority which the County has not specifically abridged, delegated, or modified by this Agreement are recognized by the Lodge as being retained by the County.

Section 2. Amendments. The County shall have the right to promulgate, amend, supplement, or add to its Departmental rules and regulations during the term of this Agreement. The County shall notify the Lodge, in writing, of any such amendments, supplements, or additions, at least five (5) calendar days in advance of its effective date, and shall post the same at least five (5) days prior to the effective date.

If the Lodge believes that a rule or regulation is unreasonable, the Lodge may invoke the Special Meeting provision under Article 7 of this Agreement. In no event shall the Lodge grieve any rule or regulation pursuant to the Grievance Procedure set forth in Article 8, until such rule or regulation has been applied to an employee of the bargaining unit.

Section 3. Constitutional and Statutory Rights. Neither the Constitutional nor the statutory rights of the County, its duties and obligations, shall in any way whatsoever be abridged by this Agreement.

Section 4. Nothing in this Agreement shall be construed to limit the Employer's ability to comply with State or federal civil rights requirements, including compliance with any medically verified accommodations requirements under the Michigan Handicappers Act or the Americans with Disabilities Act; and/or any State or federal judicial or administrative orders directing compliance with an applicable State or federal civil rights law or regulation.

ARTICLE 4

MANAGEMENT SECURITY

The parties to this Agreement mutually recognize that the services performed by the employees covered by this Agreement are services essential to the public health, safety, and welfare. The Lodge therefore agrees that there shall be no interruption of these services, for any cause whatsoever by the employees it represents, nor shall there by any concerted failure by them to report for duty, nor shall they absent themselves from their work, stop work or abstain in whole or in part from the full, faithful and proper performance of the duties of their employment, or picket the County's premises. The Lodge further agrees that there shall be no strikes, sit-downs, slow-downs, stay-ins, stoppages of work or any acts that interfere in any manner or to any degree with the services of or to the County.

ARTICLE 5

LODGE SECURITY AND CHECK OFF

Section 1. Lodge Security. The County shall not discriminate against any employee because of his/her membership in the Lodge. As a condition of continued employment, all employees in the bargaining unit shall either become and remain members in good standing of the Lodge or pay a representation fee to the Lodge which shall be less than one hundred percent (100%) of the regular monthly dues paid by Lodge members and which sum accurately represents the amount due the Lodge as said employee's fair share of the costs attributable to negotiating and enforcing terms of this Agreement. The representation fee shall not include, by way of example, but not by way of limitation, State, national, or other dues and assessments or other amounts for Lodge activities.

The requirements set forth above shall become effective thirty (30) days after the effective date of this Agreement or thirty (30) days after an employee's date of employment, whichever is later. However, when an employee is in a probationary period, the Lodge may only represent said employee for hours and rates of pay and applicable fringe benefits during said probationary period. Lodge dues or representation fees for bargaining unit members shall be that designated by the Lodge Board of Directors in accordance with the Lodge Constitution and By-Laws.

Section 2. Dues Checkoff. The County agrees to deduct monthly union dues and/or representation fees from the pay of employees within the bargaining unit and forward to the Lodge Treasurer, subject to the following:

A. The Lodge shall obtain from the employee, a completed checkoff authorization form which shall conform to the respective State and Federal laws concerning that subject or any interpretations made thereof. The checkoff authorization form shall be filed with the County Human Resources Director who may return an incomplete or incorrectly completed form to the Lodge's Treasurer and no checkoff shall be made until such deficiency is corrected.

B. The County shall check off only obligations which come due at the time of checkoff and will make checkoff deductions only if the employee has enough pay due to cover such obligation, and will not be responsible to the employee if he/she has duplicated a checkoff deduction by direct payment to the Lodge.

C. The County's remittance shall be deemed correct if the Lodge does not give notice, in writing, to the County Controller within two (2) weeks after a remittance is sent, which shall set forth, with particularity, the allegations of error.

D. Any employee may terminate his/her checkoff authorization by written notice to the County Human Resources Director.

E. The Lodge shall provide at least thirty (30) days written notice to the County Human Resources Director of the amount of Lodge dues and/or representation fees to be deducted from the pay of employees within the bargaining unit in accordance with this Article.

Section 3. Indemnity Provision. The Lodge agrees to defend, indemnify, and save the County harmless against any and all claims, lawsuits, or other forms of liability arising out of its deduction from an employee's pay of Lodge dues or the representation fee, or reliance on any list, notice, certification, or authorization furnished under this Article. The Lodge assumes full responsibility for the disposition of the deductions so made once they have been sent by the County to the Lodge.

ARTICLE 6

LODGE BARGAINING COMMITTEE

Section 1. Bargaining Committee. The bargaining committee of the Lodge shall not include more than two (2) employees of the unit and may include two (2) non-employee representatives, and in the event there are more than twelve (12) employees within the unit, may include, in addition, the President of the Lodge. The Lodge shall furnish the County Human Resources Director and the Animal Control Director with a written list of the Lodge's bargaining committee at least two (2) calendar weeks prior to the first bargaining meeting, and substitution changes thereto, if necessary, to allow for adequate re-scheduling of working personnel.

Section 2. Time Spent in Negotiations. Employee members of the Lodge bargaining unit will be paid for the time spent in negotiations with the County, in the event they are scheduled to work during a bargaining meeting. Said time shall be only for straight time hours they would otherwise have worked, had they worked their regularly scheduled shift. If the employee is scheduled to work on the day of a regularly scheduled bargaining session, the employee will be credited with the number of hours spent in bargaining including a reasonable length of time for travel to and from the place of bargaining as time worked. An employee participating in the contract bargaining in accordance with this Article for at least six (6) hours on a given day and whose scheduled work shift begins less than four (4) hours after the negotiating session terminates, shall be allowed two (2) hours off with pay at the end of his/her shift.

ARTICLE 7

SPECIAL MEETINGS

Section 1. Request for Special Meetings. The parties agree to meet and confer on matters of clarification of the terms of this Agreement upon the written request of either party. The written request shall be made in advance and shall include an agenda stating the nature of the matters to be discussed and the reasons for requesting the meeting. Discussion shall be limited to matters set forth in the agenda, but it is understood that these special meetings shall not be for the purpose of conducting continuing collective bargaining nor to in any way modify, add to or detract from the provisions of this Agreement. Special meetings shall be held within ten (10) calendar days of the receipt of the written request and shall be held at a time and place which is mutually agreeable to the parties. Each party shall be represented by not more than four (4) persons.

Section 2. Consultation Preceding Meeting. The Lodge representatives may meet for a period not to exceed one-half (1/2) hour immediately preceding a meeting for which a written request has been made.

Section 3. Time Spent at Special Meetings. Employee representatives of the Lodge at special meetings will be paid by the County for time spent in special meetings, but only for the straight time hours they would otherwise have worked on their regular work schedule.

ARTICLE 8

CONTRACT GRIEVANCE PROCEDURE

Section 1. Definition. A grievance is defined as and limited to a claim reasonably and sensibly founded on a violation of this Agreement and/or the Rules and Regulations of the Department, when applied to an employee. Any grievance filed shall refer to the specific provisions alleged to have been violated and it shall adequately set forth the facts pertaining to the alleged violation. A grievance which does not set forth the foregoing information shall be automatically denied as not constituting a valid grievance. This Article shall not be utilized for disciplinary suspension and/or discharge except as stated in Article 9, caption "Discharge and Discipline."

Section 2. Grievance Processing. An employee having a grievance shall present it as follows:

Step 1: A grievance shall be reduced to writing by the employee and presented to the Director of the Department or his/her designated representative who shall be made available at all times, within five (5) working days (Monday through Friday) after the employee knew or should have known of the matter grieved. A grievance not timely filed shall be deemed waived. In order to be a proper matter for the grievance procedure, the grievance shall be dated and signed by the aggrieved employee(s) and shall set forth the facts, including dates, and provisions of the Agreement allegedly violated and/or the rules and regulations of the Department, and the remedy desired. The grievance shall not be considered submitted until the Director of the Department or his/her representative receives the written grievance. At the time a grievance is received, it shall be dated and a copy returned to the aggrieved employee. A meeting shall be arranged within five (5) working days unless the Director is unavailable, in which case the meeting must be held within five (5) working days of the Director's return whereby the employee and/or a Lodge representative and the Director of the Department, or his/her representative shall meet and discuss the grievance. Within five (5) working days after the date of this meeting, the Director of the Department or his/her representative shall submit to the aggrieved employee and the Lodge a written response to the grievance.

Step 2: If the employee is not satisfied with the response to his/her grievance received in Step 1, the Lodge representative, within the five (5) working days after receipt thereof, may submit a notice of appeal to the Ingham County Human Resources Director. The Human Resources Director, Director of the Department, Lodge representative and aggrieved employee shall meet within five (5) working days after the notice of appeal has been received. The Human Resources Director shall submit a written response to the aggrieved employee and the Lodge within five (5) working days following the meeting.

Step 3: If the response received in Step 2 is not satisfactory to the aggrieved employee or to the Director of the Department, either party may appeal the decision to the County Services Committee of the Ingham County Board of Commissioners, by submitting a notice of appeal within five (5) working days after receipt of said response. The County Services Committee shall meet and discuss the grievance at its next regularly scheduled committee meeting, provided that the notice of appeal is received by the Human Resources Director at least five (5) working days prior to the next regularly scheduled meeting. The County Human Resources Director shall notify the Lodge or the aggrieved employee, in writing, at least four (4) working days prior to the meeting. At this meeting, the County Services Committee shall review the facts and each of the parties involved shall have the right to present whatever evidence and witnesses they deem necessary. Within five (5) working days following the meeting, the County Services Committee shall submit to the aggrieved employee and the Lodge, its decision in writing.

Step 4: Arbitration.

1. Appeal to the Arbitrator. Any grievance which is not resolved at Step 3 of the grievance procedure may be submitted to arbitration, if the case is the type on which an arbitrator is empowered to rule. Arbitration shall be invoked by written notice of the Employer or the Lodge provided said written notice is submitted within fifteen (15) days after receipt of the answer in Step 3.

2. Selection of the Arbitrator. If a timely request for arbitration is filed by the Lodge, the parties to this Agreement shall select, by mutual agreement, one (1) arbitrator who shall decide the matter. The Employer and the Lodge agree to use the following arbitrators on a rotating basis with arbitrator "A" being selected first.

A. David Grissom

B. Richard Kanner

C. Peter Jason

D. Michael Long

If the arbitrator up for selection is not available, the next arbitrator will be used. If none of the listed arbitrators are available, the Employer and the Lodge will attempt to agree on an impartial arbitrator. In the event the Employer and the Lodge are unable to agree on an impartial arbitrator, the arbitrator will be selected from a list of arbitrators submitted by the Federal Mediation and Conciliation Service consistent with such Association's normal procedures. All arbitration proceedings will be conducted in accordance with the rules and procedures of the Federal Mediation and Conciliation Service.

3. Powers of the Arbitrator. The arbitrator shall be empowered to investigate, hear and decide a grievance as heretofore defined in Article 8, Section 1, subject to the limitations stated below. The arbitrator shall have full discretion to uphold, rescind or modify disciplinary measures imposed by the Employer. The arbitrator shall have no power to:

A. Add to, subtract from or otherwise modify any of the provisions of this agreement;

B. Establish or modify any salary rate or plan.

In the event a case is appealed to an arbitrator and he/she finds that he/she has no power to rule on the case, the matter shall be referred back to the parties without decision or recommendation. At the arbitration hearing, each party shall have the option of presenting witnesses and documents and such witnesses may be cross-examined by the arbitrator or party opposing.

4. Arbitrator's Decision. There shall be no appeal from an arbitrator's decision, if made in accordance with his/her jurisdiction and authority under this Agreement. It shall be final and binding on the Lodge, on all bargaining unit employees and on the Employer.

5. Fees and Expenses. The fees and expenses of Arbitrator shall be paid by the non-prevailing party. If there is a dispute as to who has prevailed, the arbitrator shall allocate the arbitrator's fees. All other expenses related to the arbitration process, including any expenses incurred by calling witnesses, shall be borne by the party incurring such expense.

Section 3. Participation at Meetings. The aggrieved employees and his/her representative shall have the right to be present at all steps outlined above. The aggrieved employee shall be required to attend any of the meetings set forth in Section 2, if and when requested by the County representative.

The Employer will grant necessary and reasonable time off with pay during such Lodge designated representative's scheduled working hours in any calendar week when the Lodge designated representative must be present to participate in the processing of grievances with the management representatives.

Section 4. Rights. No person or body constituting one of the steps of the grievance procedure outlined herein shall have the power to add to, or subtract from, nor modify any of the terms of this Agreement, nor shall he/she substitute his/her discretion for that of the County, the Director, or the Lodge.

Section 5. Time Limits. Grievances not appealed to the next higher step within the time limit shall be deemed permanently denied. Should the County or its representative fail to respond on time at any step, the relief requested by the aggrieved shall be deemed to have been granted. Time limits may be extended by mutual written consent of the parties hereto. The General Counsel and/or the grievance representative will make every reasonable effort to send a copy of the grievance to the Human Resources Department when said grievance is filed. Saturdays, Sundays and holidays, shall not be counted in regard to time limitations and dates for submission of grievances, appeals, answers, etc.

Section 6. Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as for a Veteran's Preference hearing pursuant to Act 305 of the Public Acts of 1897, et seq, or any Federal law pertaining thereto, and/or Civil Rights matters pursuant to Act 453 of the Public Acts of 1976, or any Federal law pertaining thereto, in addition to the grievance procedure provided under this contract, and the employee elects to utilize the statutory or administrative remedy, the Lodge employee shall not process the complaint through any grievance procedure provided for in this contract.

If an employee elects to use the grievance procedure provided for under this contract and subsequently elects to utilize any administrative or statutory remedy, then the grievance shall be deemed to have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

ARTICLE 9

DISCHARGE AND DISCIPLINE

Section 1. Action. In the event an employee in the bargaining unit shall be suspended from work for disciplinary reasons or is discharged from his/her employment, after his/her probationary period has ended, and he/she believes he/she has been unjustly suspended or discharged, such disciplinary action may constitute a case arising under the grievance procedure stated in Article 8. The employee shall utilize said grievance procedure as stated in Article 8, with time limits of five (5) working days so that the employee must provide a written grievance signed by him/her within five (5) working days after such disciplinary action is imposed. Said grievance shall be processed starting at Step 1 and the time period stated in Article 8 shall remain. In the event of suspension or discharge, the County shall provide said non-probationary employee, at the time of the disciplinary action, with a statement of the reasons why said action is being taken. The non-probationary employee shall have the opportunity to meet with his/her Lodge representative at the time he/she receives notice of upcoming disciplinary action and the Lodge representative shall be present if so requested by the employee at the time of the disciplinary action.

In no event shall the Lodge representative selected to act for the grievant reduce the available work force on any one shift to less than necessary to meet the Department's operational needs.

It is understood and agreed that when a non-probationary employee files a grievance with respect to his/her disciplinary action, the act of filing such grievance shall constitute his/her authorization of the County to reveal to the decision-making participants in the grievance procedure relevant information available to the County concerning the alleged offense and such filing shall further constitute a release of the County from any and all claimed liability by reason of such disclosure.

Section 2. Compensation. In the event it should be decided under the grievance procedure that the employee was unjustly suspended or discharged, the County shall reinstate such employee and pay full compensation, partial, or no compensation as may be decided under the grievance procedure, which compensation, if any, shall be at the employee's regular rate of pay at the time of such discharge or the start of such suspension, less any compensation earned by the employee during the period of time he/she was off work due to the suspension or discharge. However, notwithstanding the foregoing, in no event shall the County be liable for any back compensation pursuant to the grievance procedure to a reinstated employee in excess of one (1) year's pay for that employee at his/her regular rate of pay, except this period may be extended to correspond to any mutually agreed time extensions of the grievance procedure time limit.

ARTICLE 10

PROBATIONARY PERIOD

Section 1. Probationary Period. When a bargaining unit employee is hired into the unit, he/she shall be considered as a probationary employee for a period of twelve (12) months. An employee is presumed to have terminated his/her probationary period and obtained permanent status at the end of the twelve (12) month period, unless the Director notifies him/her and the Lodge in writing to the contrary at which time the probationary period may be extended up to an additional six (6) months.

Section 2. Representation. The Lodge may represent a probationary new hire employee only for rates of pay, wages, number of hours of employment.

Section 3. Grievance Procedure. Employees disciplined, terminated or laid off during the probationary period shall not have recourse to the grievance procedure. Probationary employees may be disciplined or terminated with or without cause within the sole discretion of the Director.

Section 4. Transfers. Should an employee of the bargaining unit be transferred from one classification within the unit to another, said employee shall be considered a probationary employee for a six (6) month period, except that said employee will not lose their eligibility for benefits for which they have satisfied the requirements under Article 30. If the employee does not perform adequately during his/her probationary period, the employee shall be returned to his/her prior position.

ARTICLE 11

SERVICE/SENIORITY

Section 1. Definition.

A. Service, for economic and fringe benefit purposes, shall mean the status attained by continuous length of service as an employee within Ingham County employment.

B. Seniority is defined continuous service within the Animal Control Department within the Lodge bargaining unit.

C. For the purposes of layoff and recall, vacation scheduling and shift preference, time spent in an Animal Control Officer and a License Enforcement Officer classification shall be combined for calculating seniority.

Section 2. Seniority Lists. The Human Resources Department shall maintain a roster of employees, arranged according to seniority, showing name, position, class and seniority date, and shall furnish a copy to the Lodge at the first of each year, or as soon as practical each year.

ARTICLE 12

LOSS OF SENIORITY

An employee shall lose his/her seniority and his/her status as an employee if:

1. He/she resigns or quits;

2. He/she is discharged and is not reinstated;

3. He/she retires;

4. He/she has been on layoff for a period of time equal to his/her seniority at the time of his/her layoff or two (2) years, whichever is lesser;

5. He/she is absent from work, including failure to return to work at the expiration of a leave of absence, vacation, or disciplinary layoff, for three (3) consecutive working days without notifying the Director or his/her designated representative, except when the failure to notify and work is due to circumstances beyond the control of the employee, which must be satisfactorily verified by the employee;

6. If he/she is convicted of a high misdemeanor or felony or other misdemeanor connected with his/her employment;

7. If an employee is on workers compensation for a period in excess of two (2) years and/or accepts a workers compensation settlement which waives his/her seniority or employment rights;

8. Is unable to maintain or loses his/her Michigan Driver's license. The Employer may verify the status of employees’ driver licenses; and

9. He/she makes an intentionally false material statement on his/her employment application, or on an application for leave of absence.

ARTICLE 13

LAYOFF AND RECALL

Section 1. Layoff Definition. Layoff shall mean the separation of the employee from the work force when determined necessary by the Ingham County Board of Commissioners. The procedure for implementing any layoff shall be governed by this Article.

Section 2. Order of Layoff. If and when it becomes necessary to reduce the number of employees in the work force, employees shall be laid off in seniority order within a classification based on capability to perform available jobs and job performance, and they shall be recalled in the same order. Notwithstanding the foregoing, the County, in making layoffs, shall have the right to take into consideration its affirmative action responsibilities as directed by law.

Section 3. Bumping in Lieu of Layoff.

A. An employee subject to layoff, who so requests, shall in lieu of layoff, bump within the bargaining unit to a lower paying classification, or a part-time position, provided he/she is qualified for the classification to which he/she seeks to bump and has more Departmental seniority than the employee holding that position.

An employee who has his/her job eliminated may use the aforementioned bumping procedure if applicable.

B. Employees who bump into a lower classification shall be on probation for a period of six (6) months. During this period the employee shall retain all fringe benefits afforded to him/her before bumping.

If during this period the County feels the employee is unsuitable for the new classification, the employee shall be returned to layoff status. Suitability shall be in the County's sole discretion and shall not be reviewable through the collective bargaining grievance procedure.

Section 4. Notice of Recall. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list.

ARTICLE 14

HOURS AND RATES OF PAY

Section 1. Workweek. Full-time employees covered hereunder are required to be on duty a minimum of eight (8) hours during each scheduled day, for a total of five (5) days of eight (8) hours each, or to be on duty a minimum of ten (10) hours during each scheduled day, for a total of four (4) days of ten (10) hours each, except as otherwise excused by the Director or his/her designee.

The duration of shifts for part-time employees will be as determined by the Director based on the Department's operational needs.

Section 2. Work Shifts by Seniority. The Employer shall permit employees that have completed their probationary period to indicate a preference for shift assignments.

Employees shall be scheduled for shift assignments on the basis of preference according to department seniority within a classification. Shift selections shall be conducted in as close to six (6) months intervals as will facilitate an orderly procedure by which the selections may be processed in advance.

In the case of an emergency, the Employer shall have the right to change the shift of an employee with reasonable notice.

Section 3. Breaks. Employees shall be given two (2) fifteen (15) minute coffee breaks and a thirty (30) minute lunch break per work day which are to be taken at a time scheduled by the County to allow for the continuous and effective operation of the Department. Such time shall not accumulate if not taken. Breaks shall be taken within the assigned work district. At all times while on breaks, employees shall be on an on-call status and will remain in constant radio contact with the Department and, when necessary for communications, employees shall also call in a phone number at which they may be reached. Lunch and coffee breaks shall be logged on the officer's Daily Report.

Section 4. Overtime. The Animal Control Director, or his/her designee, may prescribe overtime to meet operational needs. An employee shall receive compensation at time and one-half times the regular rate for compensated hours in a work week in excess of forty (40) hours.

Overtime shall be authorized by the employee's immediate supervisor at the time he/she is instructed to perform any assignment that extends beyond the end of that duty day and shall be on a form furnished by the Director, or his/her designee, and signed by the employee's immediate supervisor. Overtime may be denied, within the discretion of the County, if the employee does not obtain authorization as provided above.

Complete records of overtime shall be maintained in the Department and reported each payroll period to the Payroll Office by the Director.

Section 5. Court Time. When an off-duty Animal Control Officer or License Enforcement Officer is required to spend time in court for a proceeding arising out of his/her employment which does not involve the officer on a personal matter, he/she shall receive a witness fees, if one is payable, plus the difference between such witness fee and pay at time and one-half for the time actually spent on the assignment, with a minimum of two (2) hours of pay at time and one-half. If no witness fee is payable, he/she shall receive pay at time and one-half for the time spent on the assignment with a minimum of two (2) hours of pay at time and one-half. This minimum does not apply under circumstances where the employee attended proceedings beyond the end of the employee's normal shift. Mileage that may be paid by the court will be considered separate payment and will not be included in the above pay.

Section 6. Scheduling. The shift schedules shall be posted twenty-eight (28) days in advance showing the normal workday and workweek for each employee covered hereby. Leave days shall be posted with the schedule. Any changes made in the schedule as posted shall be made and posted at least five (5) days prior to the effective date of the change. However, if an employee who is scheduled to work calls in sick, or is not otherwise available to work, where the County does not have advance notice, in such event, the County need not adhere to the above stated five (5) day posting change, but shall make notification of changes in the schedule as soon as possible.

Section 7. Overtime Distribution.

A. Overtime which the Department becomes aware of as being necessary more than twenty-four (24) hours prior to the scheduled shift, shall be offered on a seniority basis to those employees signing up on a twenty-eight (28) day roster indicating their desire to work overtime hours, with the most senior employee either accepting or rejecting the overtime, and so on down the list until the overtime position is filled.

In the event no one accepts the overtime offered, then, and in that event, the lowest seniority employee working shall be required to work the overtime. However, probationary employees shall not be given mandatory overtime assignments until they have successfully completed an initial training period and are being scheduled to work alone.

B. Overtime which must be considered by the Department on less than twenty-four (24) hours' notice, shall be assigned to the scheduled on-call employee. In the event the on-call employee is already working or is unavailable, overtime shall be offered on a seniority basis with the most senior employee working either accepting or rejecting the overtime, and so on down by seniority, from employees working that shift until the overtime position is filled.

C. In the event, through error in administering this policy, the Employer fails to offer overtime to a more senior employee, it is agreed that the employee's only recourse will be getting first priority for the next overtime assignment pursuant to the above policy. In the event an employee is required to work under the above policy through error in the policy administration, that employee's only recourse will be to be excused from the next mandatory overtime assignment that he/she may have been required to work.

Section 8. Overpayments. Any undisputed overpayment of compensation shall be repaid through payroll deduction. The Employer and employee shall attempt to negotiate a repayment schedule. If the parties are unable to agree on a repayment schedule, the Employer may deduct up to five percent (5%) of an employee's gross bi-weekly pay.

Section 9. It is hereby understood and agreed between the parties hereto that the full-time kennel position may be assigned a workweek in such a manner that may result in more than eight (8) hour workdays. While full-time kennel worker is on his/her one-half (1/2) hour paid lunch break, he/she must remain in the building and shall be on "on-call" status.

Section 10. Wages. The wages for the employees covered by this Agreement shall be paid in accordance with the salary schedule in Appendix A.

Section 11. Appointments. Original and promotional appointments to any position shall be made at the entrance rate of the classification.

Section 12. Use of Comp Time. The use of accumulated compensatory time shall be mutually agreed upon by the affected employee and his/her supervisor. Comp time may be used as time off only, may be carried over from year to year, and if not used, will be paid off only upon leaving County service.

ARTICLE 15

EMERGENCY ON-CALL

Section 1. Emergency "On-Call" Status. Regular full-time and part-time employees may be placed on emergency "on-call" status by the Animal Control Director or his/her designee. Probationary employees shall not be given on-call assignments until they have successfully completed an initial training period and are being scheduled to work alone. Employees who are on emergency "on-call" status shall respond to all calls forwarded by the Animal Control Director or his/her designee when no other unit officer is on duty.

Employees on an emergency "on-call" status shall remain accessible for necessary communications. Employees on an emergency "on-call" status shall have with them a Department vehicle and a pager unit while on such status. Any time an employee takes on-call for two (2) or more days during a week (Monday to Monday), they will be allowed to keep the County's vehicle for the entire week. Emergency "on-call" status shall be equally distributed among all regular full-time and part-time Animal Control and License Enforcement Officers, as set forth in Section 2 below. Employees may voluntarily exchange "on-call" status assignments with the approval of the Animal Control Director by submitting a written request signed by both employees involved to the Director prior to the assignment date.

Section 2. Weekday Assignments.

A. Daily workweek "on-call" status assignments shall be selected by a lottery. There shall be eight (8) weekday "on-call" status slots, being slots Monday 1, Monday 2, Tuesday 1, Tuesday 2, Wednesday 1, Wednesday 2, Thursday 1, Thursday 2 which shall be scheduled as follows:

Scheduled Weeks	Monday	Tuesday	Wednesday	Thursday
1	1	1	1	1
2	2	2	2	2
3	1	1	1	1
4	2	2	2	2
5	1	1	1	1
6	2	2	2	2
7	1	1	1	1
8	2	2	2	2

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B. When the number of Animal Control Officer and License Enforcement positions are reduced to seven (7) employees, the "on-call" selection procedure for the Monday - Thursday period shall be as follows:

The employee ("Double up" employee) that will not be teamed up with another employee to work the "on-call" weekday (Monday through Thursday) assignments will be assigned to both weekdays (1 & 2) of the day drawn.

If the number of Animal Control and License Enforcement Officer positions falls below seven (7) or exceeds eight (8), the parties agree to negotiate a new or modified procedure to equally distribute the "on-call" assignments.

Section 3. Weekend Assignments. Weekend assignments will be equally distributed throughout the year on a rotating basis, with assignments distributed as far apart as is practical. When scheduled or unscheduled time off causes a disruption in the rotation, management retains the right to reschedule assignments within the framework of an equal distribution.

Section 4. Slot Reassignments. Slots will be reassigned based upon the above bidding or lottery methods each January, April, July and October of each year. Management Department employees may also be included in the "on-call" schedule at the Director's discretion and shall receive first choice of weekend assignments that are bid on if so included.

Section 5. Back-Up Coverage. Employees with the “same day” alternate designation , shall provide back-up on-call coverage, whenever the designated on-call employee is unable to perform his/her on-call duty. Employees will be paired on weekends with the same employee who they are paired with, on the weekday. Whenever an on-call employee has been unavailable for duty, necessitating back-up coverage, the original "on-call" employee shall assume the "back up" employee's next "on-call" responsibility with comparable number of hours upon the request of the "back up" employee. For the purpose of this section, “unavailable” shall include illness or approved requests for time off.

Should an employee be absent for any reason, including sick or vacation, and does not have a partner for that period, the on-call coverage shall be assigned as follows: The on-call assignment shall be offered to each employee available that day, based upon seniority. Should no available employee voluntarily accept the on-call assignment, the assignment shall be required of the least senior member of the pool of available officers. In no event shall a newly hired employee, otherwise not yet prepared to work alone, be used in this capacity.

Section 6. Part-time Employees. Part-time employees shall be required to participate in at least one of the two "on-call" schedules (i.e. weekday or weekend) as determined by the Director.

Section 7. "On-Call" Bonus. Officers on emergency "on-call" status shall receive an "on-call" bonus equal to three (3) hours' pay at their regular straight time rate for each day on a weekday (Monday through Friday). Officers on emergency "on-call" status shall receive an "on-call" bonus equal to four (4) hours' pay at their regular straight time rate plus one hour of straight time comp time for each day on a weekend. Officers on emergency "on-call" status shall receive an "on-call" bonus equal to four (4) hours' pay at their regular straight time rate for each day on a County recognized holiday. "On-call" bonuses shall not be included in calculating overtime.

Section 8. Dispatching Assignments. The Employer retains the right to assign Animal Control Officers to perform dispatching duties. It is the Employer's intention to avoid assigning Animal Control Officers to perform dispatch functions if possible. However, the Employer will not assign Animal Control Officers to perform dispatching duties for dispatchers off work on vacation.

Section 9. Work In Other Classifications. The Employer will assign the least senior employee on the shift to perform work in a different classification if the assignment shall be for more than two (2) consecutive days. All other contract language for work schedules shall apply.

ARTICLE 16

VACATIONS

Section 1. Vacation Schedule. Full-time employees shall earn vacation credits according to the following schedule:

CONTINUOUS SERVICE HOURS EARNED EACH PAYROLL

PERIOD WORKED

1 year 3.384 hours (88)

2 years 3.693 hours (96)

3 years 4.000 hours (104)

4-8 years 4.923 hours (128)

9 years 5.231 hours (136)

10-14 years 5.846 hours (152)

15-19 years 6.492 hours (168)

20 Years & Over of

Uninterrupted Employment 6.769 hours (176)

Section 2. Use. Vacation hours may not be used until the employee has six (6) months of continuous service with the County.

Section 3. Maximum Accumulation. Vacation hours not used may only be accumulated to a maximum of three hundred (300).

Section 4. Absence. Absence on account of sickness, illness, or disability in excess of that hereinafter authorized for such purposes, may, at the request of the employee, be charged against vacation allowance.

Section 5. Records. The County shall keep a record of vacation credit, and shall permit use of vacation leave to accord with operating requirements as determined in its sole discretion, and, insofar as possible, with the requests of the employees.

Section 6. Scheduling. The County shall establish a schedule of available vacation times for employees. Such schedule shall indicate how many employees may be absent for any given week.

All vacation requests for vacation time periods must be received by the Director in writing no later than March 1 of each year. The request shall include the employee's first choice and second choice, in case the first choice is not available. The yearly vacation schedule will be based on bargaining unit seniority and the needs of the Department. Conflicts in vacation requests will be resolved based on seniority as described in Article 11, Section 1.c. The approved schedule will be issued by the Director no later than April 1 of each year for the following year period. Those employees failing to make a written request for vacation by March 1 will have their vacation scheduled as the remaining vacation time and department needs permit.

Employees may use up to twenty (20) hours of vacation with less than one (1) week advance request for personal reasons. Employees shall not be allowed to take more than two (2) weeks of vacation time during the period of Memorial Day week through Labor Day week, unless said vacation list has available weeks after all employees have had an opportunity to select. During the Memorial Day week through Labor Day week, a partial week counts as one (1) week toward the two (2) week limitation. Memorial week is defined as starting the Saturday prior to Memorial Day through the following Sunday. Labor Day week is defined as the week following Labor Day through Sunday after Labor Day.

Section 7. Vacation Bonus. Effective January 1 of each year, each full-time employee shall be credited with twenty-eight (28) hours of vacation bonus hours to be used during that calendar year. The first twenty-eight (28) hours of annual leave taken will be the vacation bonus hours and so indicated on the time card. Any portion of the vacation bonus hours not taken will be lost effective December 31 of that year. This vacation bonus shall not accumulate nor will it be paid upon any termination of employment.

Section 8. Use Increments. Vacation hours and vacation bonus hours may be used in not less than one-half (1/2) hour increments. Vacation bonus hours may be used during the probationary period of employment.

ARTICLE 17

HOLIDAYS

Section 1. Recognized Holidays. The following holidays are recognized by the County:

New Year's Day Labor Day

Martin Luther King Day Veterans Day

Presidents' Day Thanksgiving Day

Good Friday Friday following Thanksgiving

Memorial Day Christmas Day

Independence Day

Section 2. Holiday Pay. Employees who have completed six (6) months of employment and are not required to work on the above recognized holidays shall be paid for the holidays.

Section 3. Observance.

A. 5-Day/Week Employees: For employees regularly scheduled to work five (5) days per week, Monday through Friday, when a holiday listed above falls on a Saturday, the preceding Friday shall be observed as the legal holiday and when the legal holiday falls on Sunday, the following Monday shall be observed as the legal holiday.

B. 6-Day/Week Employees: For employees regularly scheduled to work six (6) days per week, Monday through Saturday, when a holiday listed above falls on a Saturday the holiday will be observed on Saturday, and when a holiday falls on a Sunday, the following Monday shall be observed as the legal holiday.

C. 7-Day/Week Employees: For employees regularly scheduled to work seven (7) days per week, all of the listed holidays will be observed on the actual holiday.

Section 4. Vacation Holiday. When a holiday falls within an employee's vacation period and the employee is absent from work because of vacation, the employee will receive compensation for that day as a holiday, and the day will not be considered as a vacation day.

Section 5. Compensation/Holidays Not Worked. Full-time employees who have completed six (6) months of employment and who are not required to work on the above recognized holidays shall be paid for the holiday with eight (8) hours pay at their regular straight time rate of pay.

Regular part-time employees who have completed six (6) months of employment and who are not required to work on the above recognized holidays shall be paid for the holiday with four (4) hours pay at their regular straight time rate of pay.

Section 6. Compensation/Holidays Worked. Full-time employees who have completed six (6) months of employment and who are required to work on one of the days designated above as a holiday shall receive eight (8) hours holiday pay in addition to their regular straight time rate of pay for the hours worked on said holiday, and shall receive another day off during the same pay period without pay, which day shall be selected in the County's discretion, and, insofar as possible, in compliance with the request of the employee.

Regular part-time employees who have completed six (6) months of employment and who are required to work on one of the days designated above as a holiday shall receive four (4) hours holiday pay in addition to their regular straight time rate of pay for the hours worked on said holiday.

Section 7. Eligibility for Holiday Pay. To be eligible for holiday pay, an employee must work the last scheduled day before the holiday and the first scheduled day after the holiday (plus the holiday if scheduled) unless the absence has been previously approved by the Director.

Section 8. Waiting Period. Upon successful completion of six (6) months of employment, employees shall be paid for eligible holidays that occurred during the employee's first six (6) months of employment. Termination of employment for any reason prior to the completion of six (6) months of employment shall result in no holiday payment.

Section 9. Scheduling. Regular full-time employees shall not be scheduled for work on December 24th and December 31^st. The least senior employee(s) scheduled to work shall be required to work the holiday.

Section 10. Preceding Days Off. Full-time employees who have completed six (6) months of employment shall be entitled to the preceding day off with pay, whenever Christmas falls on Tuesday, Wednesday, Thursday or Friday. Whenever New Year's Day falls on Tuesday, Wednesday, Thursday or Friday, employees shall be entitled to the preceding day off with pay. Those who are required to work shall be paid in accordance with Section 6 above.

ARTICLE 18

LEAVE OF ABSENCE

Section 1. Family and Medical Leave (FMLA).

A. An employee who has been employed by the Employer for twelve (12) consecutive months and who had worked at least 1,250 hours during those months may take a leave of absence for up to a total of twelve (12) weeks during each year for the following reasons as defined under the FMLA:

1. His or her own serious health condition;

2. To care for a child, spouse, or parent who has a serious health condition;

3. Birth of a child;

4. The placement of a foster or adoptive child.

A year, for purposes of determining eligibility for family or medical leave, is defined as 365 calendar days prior to the requested date of commencement of an employee's family or medical leave.

B. The Union and the Employer reserve all their rights under the Federal Family and Medical Leave Act and may exercise same.

Section 2. The Animal Control Director may authorize an employee to be absent without pay for personal reasons for a period or periods not to exceed ten (10) work days in any calendar year. With the prior approval of the Human Resources Department, the Animal Control Director may authorize an employee to be absent without pay for personal reasons for a longer period, but not to exceed thirty (30) days in a calendar year.