SIGNATURE COPY

                                                                                                                                       April 28, 2006

 

 

 

 

 

 

 

 

 

 

 

CORRECTIONS UNIT

 

COLLECTIVE BARGAINING AGREEMENT

 

 

BETWEEN

 

 

COUNTY OF INGHAM

 

SHERIFF OF INGHAM COUNTY

 

 

AND

 

 

FRATERNAL ORDER OF POLICE

Capitol City Lodge No. 141

Ingham County Division

 

 

 

 

 

JANUARY 1, 2006 THROUGH DECEMBER 31, 2008

 

 


ARTICLE INDEX

 

 

  Article          Title                                                                                                                  Page

 

                        Preface .................................................................................................................. 1

 

                        Agreement ............................................................................................................  2

                                   

            1          Recognition of the Lodge ...................................................................................  3

 

            2          Management Rights ............................................................................................  4

 

            3          Management Security .........................................................................................  5

 

            4          Past Practices .....................................................................................................  6

 

            5          Division Security and Check-Off ........................................................................  7

 

            6          Division Bargaining Committee ......................................................................  10

                                               

            7          Special Meetings ..............................................................................................  11

 

            8          Contract Grievance Procedure ........................................................................  12

 

            9          Seniority .............................................................................................................  16

 

            10        Pass Days ..........................................................................................................  17

 

            11        Hours and Rates of Pay ....................................................................................  19

 

            12        Vacations ...........................................................................................................  22

 

            13        Holidays ..............................................................................................................  24

 

            14        Longevity Plan ...................................................................................................  26

 

            15        Sick Leave .........................................................................................................  28

                                               

            16        Hospitalization - Medical Coverage ................................................................  31

       

            17        Medical Dispute ................................................................................................  36

 

            18        Life Insurance and Disability Insurance ...........................................................  37

 


            19        Funeral Leave        ...........................................................................................    38

 

            20        Leave for Conferences or Conventions and Safety Committee ..................  39

 

            21        Retirement ..........................................................................................................  41

 

            22        Uniforms and Clothing ......................................................................................  45

 

            23        Automobiles and Equipment ............................................................................  47

 

            24        Parking and Travel ............................................................................................  48

 

            25        Wages ................................................................................................................  49

 

            26        Probationary Period ..........................................................................................  51

 

            27        Layoff and Recall ...............................................................................................  52

 

            28        Loss of Seniority ................................................................................................  54

 

            29        Grievance Procedure for the Internal Operations of the Department ..........  55

 

            30        Cost of Living .....................................................................................................  57

 

            31        Dental Insurance ................................................................................................  58

 

            32        Worker's Compensation ...................................................................................  59

 

            33        Unemployment Benefits ....................................................................................  61

 

            34        Jury Duty .............................................................................................................  62

 

            35        Leaves of Absence ...........................................................................................  63

 

            36        Internal Affairs Files ...........................................................................................  66

 

            37        Liability Insurance ..............................................................................................  67

 

            38        Shift Preference .................................................................................................  68

 

            39        Salary Schedules ..............................................................................................  72

 

            40        Automobiles .......................................................................................................  74

 

            41        Promotional Procedures ..................................................................................  75

 

            42        Personal Leave .................................................................................................  77

 

            43        I.R.S. Section 125 .............................................................................................  78

 

            44        Contract Copies ................................................................................................  79

 

            45        Drug Testing Protocol......................................................................................... 80

 

            46        Effective Date ....................................................................................................  86

 

        Letters of Understanding

        A.             New Hire Starting Rates

        B.             Outside Events

        C.             Personal Leave on Promotion

        D.             Police Academy

        E.             Post Assignments by Gender

        F.             Promotional Procedures/Percentages

        G.             Sick Leave/Minimum Usage

 

 

 


PREFACE

 

            The COUNTY OF INGHAM and the SHERIFF OF INGHAM COUNTY and the FRATERNAL ORDER OF POLICE, Capitol City Lodge No. 141, Ingham County Division, recognize their moral and legal responsibilities under federal, state, and local laws relating to fair employment practices.

 

            The County, the Sheriff, and the Division recognize the moral principles involved in the area of civil rights and have reaffirmed in this Collective Bargaining Agreement their commitment not to discriminate because of race, religion, creed, color, national origin, age, sex or handicapped except for a BFOQ (bona fide occupational qualification).


AGREEMENT

 

            THIS AGREEMENT is entered into this ____ day of _____________, 2006, by and between the COUNTY OF INGHAM, (hereinafter referred to as the "COUNTY"), the SHERIFF OF INGHAM COUNTY, (hereinafter referred to as the "SHERIFF"), and the FRATERNAL ORDER OF POLICE, Capitol City Lodge No. 141, Ingham County Division, (hereinafter referred to as the "DIVISION").

 

            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 differences which may arise, and to set forth herein the basic agreement between the Parties concerning rates of pay, wages, hours of employment, and other conditions of employment as specified in this Agreement.


ARTICLE 1

RECOGNITION OF THE LODGE

            Section 1Definition of the Bargaining Unit.  The bargaining unit shall consist of all positions of employment with the Ingham County Sheriff's Office covered by the titles listed below, and shall further cover all positions of employment subsequently created where the persons occupying said positions shall become deputized to be employed in the Ingham County Sheriff's Office.  The position of sergeant is a supervisory position and employees in those and other supervisory positions are not included in the bargaining unit covered by this Agreement.  Employees in the position specified below are covered by the provisions of this Agreement:

            A.        Corrections Officer


ARTICLE 2

MANAGEMENT RIGHTS

            Section 1.  The Division recognizes that the Sheriff reserves and retains, solely and exclusively, all rights to manage and direct his work force and to manage and operate the Sheriff's affairs.

            Section 2.  All rights, functions, powers and authority  which the Sheriff has not specifically abridged, delegated or modified by this Agreement are recognized by the Division as being retained by the Sheriff.

            Section 3.  The Sheriff shall have the right to amend,  supplement or add to his official departmental rules and regulations during the term of this Agreement.  The Sheriff shall notify the Division of any such amendments, supplements or  additions in advance of their effective date.

            Section 4.  Neither the constitutional nor the statutory rights, duties, and obligations of the Sheriff shall in any way  be abridged by this Agreement, unless otherwise specifically  provided hereunder.

            Section 5.  Discipline and discharge shall be for just cause, as provided in ARTICLE 29.

            Section 6.  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 accommodations requirements under the Michigan Handicapper's Act or the American with Disabilities Act; and/or any state or federal judicial or administrative order directing compliance with an applicable state or federal civil rights law or regulation.


ARTICLE 3

MANAGEMENT SECURITY

            The Parties to this Agreement mutually recognize that the services performed by employees covered by this Agreement are services essential to the public health, safety, and welfare.  The Division, therefore, agrees that there shall be no interruption of these services for any cause whatsoever by the employees it represents, nor shall there be 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 and/or Sheriff's premises.  The Division further agrees 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 and/or Sheriff.  Any employee involved in any of the above-stated activities may be subject to discipline or discharge, at the discretion of the Sheriff.

 

 


ARTICLE 4

PAST PRACTICES

            There are no agreements which are binding on any of the Parties other than the written provisions contained in this Agreement.  No further agreements shall be binding on any of the Parties until it has been put in writing and signed by the Parties to be bound.

 

 


ARTICLE 5

DIVISION SECURITY AND CHECK-OFF

            Section 1.  The County and Sheriff will not discriminate against any employee because of membership in the Division.

            Section 2Division Security.  As a condition of continued employment, all employees in the bargaining unit shall either become and remain members in good standing of the Division or pay a representation fee to the Division which shall be less than one hundred percent (100%) of the regular monthly dues paid by Division members and which sum shall accurately represent the amount for said employees due the Division as their fair share of costs attributable to negotiating the terms of the Agreement, which sum shall not include, by way of example, but not by way of limitation, state, national or other dues and assessments or other amounts for Division 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.

            Section 3Dues Check-Off.  The County agrees to deduct the monthly Division dues or the representation fee from the pay of employees subject to and contingent upon the following:

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

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

            C.        The County's remittance will be deemed correct if the Division does not give notice, in writing, to the County Human Resources Director within two (2) weeks after a remittance is sent, of its belief, with reasons stated therefor, that the remittance is incorrect.

            D.        Any employee may terminate his check-off authorization by written notice to the County Human Resources Director.

            E.        The Division shall provide at least thirty (30) days' prior written notice to the County Human Resources Director of the amount of Division dues or representation fee to be deducted from the wage of employees in accordance with this Article.  Any changes in the amounts shall be provided to the County Human Resources Director at least thirty (30) days prior to the effective date.

            Section 4Indemnity Provision.  The Division agrees to defend, indemnify, and save the County and/or the Sheriff harmless against any and all claims, lawsuits or other forms of liability arising out of its deduction from an employee's pay of Division dues or representation fees, or reliance on any list, notice, certification or authorization furnished under this Article.  The Division assumes full responsibility for the disposition of the deductions so made once they have been sent to the Division.

            The terminology within the dues authorization forms does not bind the County and/or the Sheriff to anything other than what is specified in ARTICLE 5 and that which is consistent with the law.


ARTICLE 6

DIVISION BARGAINING COMMITTEE

            Section 1.  The bargaining committee of the Division will not include more than two (2) employees of the Ingham County Sheriff's Office and may include not more than one (1) non-employee representative and one (1) representative from the Fraternal Order of Police, Lodge #141.  The Division will furnish the County Human Resources Director with a written list of the Division's bargaining committee prior to the first bargaining meeting and substitution changes thereto, if necessary.

            Section 2.  Employee members of the Division bargaining unit will be paid for 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 on their regularly scheduled shift.  An employee scheduled to work on the day of a regularly scheduled bargaining session may also be credited with one-half hour for travel to and one-half hour from the place of bargaining as time worked during his/her tour of duty of that day, if said time is needed for travel.

            Section 3.  Except for the following, no pay shall be received for time spent in accordance with this Article if the employee is not scheduled to work.  An employee participating in contract bargaining in accordance with Section 1 above for at least four (4) hours on a given day and whose scheduled work shift begins less than four (4) hours after the negotiating session terminates, shall be allowed four (4) hours off with pay at the end of that shift.


ARTICLE 7

SPECIAL MEETINGS

            Section 1.  The Parties agree to meet and confer upon any terms of this Agreement needing clarification 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 between 8:00 a.m. and 5:00 p.m. at a time and place which is mutually agreeable to the Parties.  Each Party shall be represented by not more than three (3) persons, and the Division representatives shall be Division members, or one of those persons may be the Division Attorney or one of those persons may be a Lodge representative.

            Section 2.  Employee representatives of the Division 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.  A grievance is defined as a reasonably and sensibly founded claim of a violation of any of the terms of this Agreement, except that discipline and discharge shall be pursuant to ARTICLE 29, Sections 1 and 2, and shall not be covered under this Article.  Any grievance filed shall refer to the specific provision alleged to have been violated and it shall adequately set forth the facts pertaining to the alleged violation.  Any claims not conforming to the provisions of this definition shall be automatically denied as not constituting a valid grievance.

            Section 2.  An employee having a grievance in connection with the terms of this Agreement shall present it as follows:

STEP 1:         The Grievance shall be reduced to writing by the employee and must be co-signed by a Lodge representative and presented to the Sheriff, or the person acting in said capacity, within ten (10) days after the grievant knew, or should have known, of the occurrence of the matter aggrieved in order to be a proper matter for the grievance procedure.  The grievance shall be dated and signed by the aggrieved employee and shall set forth the facts, including dates and provisions of the Agreement that are alleged to have been violated, and the remedy desired.  A grievance not initially brought and signed by the Lodge representative must be co-signed by a Lodge representative in order to be valid.  The grievance shall not be considered submitted until the Sheriff, or the person acting in his capacity, receives the written grievance. At the time it is received, it shall be dated and a copy returned to the aggrieved employee.  A meeting will be arranged by the employee or his representative and the Sheriff, or his designee, to discuss the grievance.  The Sheriff, or the person acting in said capacity, will then answer the grievance in writing within seven (7) days from the date of the meeting at which the grievance was discussed.

STEP 2:         A.        If the answer of the Sheriff is not satisfactory, the president shall submit said  grievance to the Human Resources Director within ten (10) days after receipt of the answer of the Sheriff as provided in Step 1, indicating the reasons why the  written answer of the Sheriff was unsatisfactory.  A meeting between no more than three (3) representatives of the Division and the Sheriff, and/or a representative of the Corporation Counsel and the Human Resources Director shall be arranged to discuss the grievance submitted.  Said meeting shall be held within ten (10) days from the date the Human Resources Director received said grievance.  The Human Resources Director shall answer the grievance within ten (10) days of the date of the meeting at which the grievance was discussed.

                        B.        The Division representatives may meet at a place designated by the Sheriff or Human Resources Director for one-half hour immediately preceding said grievance meeting.

STEP 3.         If the answer of the Human Resources Director is not satisfactory, the Division President may submit for arbitration within fifteen (15) days after the Human Resources Director has answered said grievance in accordance with the procedures and rules of the American Arbitration Association.  The decision of the arbitrator shall be final.  The fees and approved expenses of Step 3 shall be paid equally by the County and the employee.

In the event that a grievance is submitted to arbitration, the Employer and the Lodge by mutual agreement may submit the grievance to non-binding facilitative mediation through a mutually agreed upon mediation service or mediator.

            Section 3.  The employee or his/her representative may be present at all steps outlined above, and the arbitration proceeding, without loss of pay or benefits.

            Section 4.  No person or body constituting one of the steps of the grievance procedure outlined above 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 Sheriff, or the Division where such discretion has been retained by the County, the Sheriff, or the Division, nor shall he/she exercise any responsibility or function of the County, the Sheriff, or the Division.  This limitation shall include the arbitrator as stated in Step 4.

            Section 5.  A grievance not appealed to the next higher step within the time limit shall be deemed permanently denied.  Should the Employer or his/her representative fail to respond on time at any step, the relief requested by the aggrieved shall be deemed to have been granted.

            Section 6.  Saturdays, Sundays and holidays, as provided in this Agreement, shall not be counted in regard to time limitations and dates for submission of grievances, appeals, answers, etc.

            Section 7.  The Employer and employees will have the right to call witnesses to testify.


ARTICLE 9

SENIORITY

            Section 1.  Seniority shall mean the status attained by continuous length of service in positions identified in the bargaining unit.

            Section 2.  The Sheriff shall maintain a roster of bargaining unit employees, arranged according to seniority, showing name, position, class and seniority date, and shall furnish a copy to the Division at the first of each year, or as soon as practical each year.

            Section 3.  An employee originally hired into a regular County position and subsequently transferred to a grant funded position shall maintain his/her seniority from the original date of hire and shall be treated in all respects as a regular County employee for purposes of seniority.

            Employees hired into the department under a state or federal grant shall be treated the same as regular funded County employees for the purposes of layoff and recall; excepting, however, if the state and/or federal grant requires different layoff and recall procedures.

            Section 4Employees transferred from a field services or staff services position to a corrections position shall have new hire seniority for purposes of shift, pass day and vacation day selection, and lay off and recall only.  For purposes of pay, benefits and probationary status, said employees shall maintain the status they held before the transfer.  No employee will be transferred into Corrections receiving a higher rate of pay or any benefits higher than specified in the Corrections Officers collective bargaining agreement.


ARTICLE 10

PASS DAYS

            Section 1.  Because deputies are required to work regardless of calendar weekends, i.e., Saturdays and Sundays, the County grants days off in lieu thereof and refers to these as "pass days."

            Section 2.  Employees covered hereby earn pass days every twenty-eight (28) day scheduling period, the equivalent of two bi-weekly payroll periods, that they are actively employed by the County.  During each twenty-eight (28) day scheduling period, an employee working on a ten (10) hour per day schedule works sixteen (16) days, for an annual total of two hundred eight (208), compensated at ten (10) hours each, will earn twelve (12) pass days, for a total of one hundred fifty-seven (157) pass days annually.  An employee working on an eight (8) hour per day schedule works twenty (20) days during each scheduling period, for a total of 261 compensated annually, and earns eight (8) pass days, for a total of one hundred four (104) pass days annually.  An employee working on a nine (9) hour per day schedule works eighteen (18) days, for an annual total of two hundred thirty-five (235), compensated at nine (9) hours each, will earn ten (10) pass days, for a total of one hundred thirty (130) pass days annually.  An employee working on a twelve (12) hour per day schedule works fourteen (14) days, for an annual total of one hundred eighty-three (183) days, compensated at twelve (12) hours each, except for the one eight (8) hour day each fourteen (14) day period and will earn fourteen (14) pass days, for a total of one hundred eighty-two (182) pass days annually.

            Section 3.  Employees covered hereby may change a pass day after the schedule has been posted if they receive permission  from the Sheriff.

            Section 4.  Pass days herein provided for may be postponed by the Sheriff for emergency purposes, but pass days so  postponed may be taken at a later date, at a time mutually agreeable with the employee and the Sheriff, or paid at a rate of one and one-half the regular rate of pay of the employee, at the discretion of the Sheriff.            

            Section 5.  Pass days pursuant to Section 2 and 3 above shall be posted twenty-eight (28) days in advance of the days to be taken.  The employee shall request pass days at least three (3) weeks prior to posting the work schedule.  Said request shall be granted if the Sheriff determines the same will not interfere with the normal operations of the Department.

            Section 6.  Pass days may, if the schedule permits, be coupled with vacation leave.

            Section 7.  Records of pass days, days worked, and days not worked other than pass days shall be maintained in the department and shall be available during reasonable times for review by the employee.  A copy of these records shall be provided to the Payroll Office at the end of each two (2) payroll periods.


ARTICLE 11

HOURS AND RATES OF PAY

            Section 1.  The Sheriff has the right to assign either an eight (8), nine (9), ten (10), or twelve (12) hour shift for persons working as Correction Officers.  The Sheriff shall provide a ninety (90) day notice of a change in shift durations corresponding with the shift selection.  The notice requirement shall not apply to emergencies or to assignments, transfers or reassignments of individual employees.

            Employees covered hereby are required to be on duty either a minimum of eight (8) hours, nine (9) hours, ten (10) hours, or twelve (12) hours during each scheduled working day, excepting as excused by the Sheriff.  Such hours, as defined above, shall include a lunch break for officers required to carry a radio with them and be "on call" during lunch, and Correction Officers who are required to eat at their duty station.  Other employees covered hereunder who receive a period for lunch shall not be compensated for said period.  The County shall provide a refrigerator at the jail which can be used by Correction Officers.  Breaks to be established by policy of the Sheriff.

            Section 2.  Employees covered hereunder shall be paid at an annual rate for their work according to the pay schedules incorporated within this contract.

            Section 3.  Employees shall be compensated at straight time for assigned hours worked.  Any time in excess of eight (8) hours a day, nine (9) hours a day, ten (10) hours a day, or twelve (12) hours a day, depending upon the shift schedule, shall be considered overtime.  All time in excess of the employee's shift schedule shall be compensated by payment at the rate of time and one-half the employee's straight time rate or accumulated as compensatory time as stated below.

            In lieu of overtime payment as stated above, employees may accumulate said overtime as compensatory time to a maximum of sixty (60) hours.  The hours will accumulate at time and one-half.  This compensatory time may be taken when it is mutually agreed between the employee and the Sheriff or his/her representative.

            Section 4.  Work beyond an employee's regular shift 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 Sheriff and signed by the employee's immediate supervisor.

            Section 5.  When an off-duty officer is required to spend time in court, Licensed Appeal Board hearings, or Liquor Control Board hearings for a meeting arising out of his/her employment which does not involve the officer on a personal matter, he/she shall receive the witness fee, 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 attends 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.

            Employees are eligible for paid time during the lunch hour when directed to complete an assignment by the Prosecutor, and the Prosecutor substantiates same.

            Section 6.  If an employee is called back to work after completion of a regular work period, he/she shall be compensated for a minimum of one and one-half hours of overtime at the rate of time and one-half, and all hours after shall be paid at the rate of time and one-half.

            Section 7.  Provisions of this Article regarding overtime shall not apply when an officer makes an out-of-state trip to pick up or deliver a prisoner.  Such assignments will be made to volunteers at the sole discretion of the Sheriff, and an officer on such a trip will be eligible for straight time pay on his/her regular shift basis.

            Section 8.  In the event that the Fair Labor Standards Act or other duly enacted legislation or court decision makes any provision of this Agreement illegal, the same shall become void without affecting the remaining provisions of this Agreement.

            Section 9Corrections Training Officer Pay.  Officers who are assigned to work as corrections training officers shall receive an additional thirty (30) minutes of compensation at the rate of time and one-half (1 1/2) their regular straight time rate for each day they are assigned to work with a trainee.

 


                                                                                    ARTICLE 12

VACATIONS

            Section 1.  All regular full-time employees shall earn vacation (annual leave) as follows:

            Consecutive Years of Service                            Hours Earned Each Payroll

                        With the County                                            Period Worked

 

            During First Year                                                                   3.384  hours    (88)

            During Second Year                                                             3.693  hours    (96)

            During Third Year                                                                  4.000  hours   (104)

            During Four through Eight Years                                         4.923  hours   (128)

            During Ninth Year                                                                  5.231  hours   (136)

            During Ten through Fourteen Years                                    5.846  hours   (152)

            During Fifteen through Nineteen Years                              6.492  hours   (168)

            Following Twenty Years and Over of

                        Uninterrupted Employment                                      7.077  hours   (184)

 

 

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

            Section 3.  Annual leave days not used may only be accumulated to a maximum of two hundred eighty (280) hours.  An employee who fails to timely submit his/her request shall lose his/her right to vacation preference because of seniority for that particular calendar year.

            If the vacation period is not established for the employee within thirty (30) days after the request by the employee has been submitted to the Sheriff, as herein required, or if the employee is not able because of departmental directive or emergency to take all or any part of his/her allotted vacation time, the employee shall not lose vacation time if the delay or cancellation would result in the accumulation of more than two hundred eighty (280) hours of vacation up to a maximum of three hundred (300) hours, notwithstanding any provision to the contrary in this Article.

            Section 4.  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 leave allowance.

            Section 5.  The County shall keep a record of annual leave credit and the Sheriff shall schedule vacation leave to accord with operating requirements and, insofar as possible, with the written request of the employee.

            Section 6.  Vacation hours earned in accordance with provisions of this Article will be paid to employees who have completed their probationary period upon resignation, if two (2) weeks' prior written notice is given by the employee.  However, if an employee resigns in lieu of termination, he/she will be paid earned vacation hours.  Vacation hours will not be paid in cases of discharge from employment.

            Section 7.  All vacation requests must be received by the Sheriff in writing no later than February 15th of any year.  Vacation schedules will be determined whenever possible based on employee's request and the needs of the department.  Conflicts in vacation requests will be resolved based on seniority as described in ARTICLE 9, including Section 4, herein.  The approved vacation schedule will be issued by the Sheriff no later than March 15th of any year.  Those employees failing to make a written request for vacation by February 15th will have their vacation scheduled as the remaining vacation time and department needs permit.


ARTICLE 13

HOLIDAYS

            Section 1.  The following holidays are designated by the Employer:  New Year's Day, Martin Luther King Day, President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, the Friday immediately following Thanksgiving Day, and Christmas Day.

            Section 2.  As scheduled by the Sheriff, employees working at office sites may receive a day off with pay as compensation for each of the above holidays.

            Section 3.  Employees who do not receive a day off with pay due to the occurrence of one of the above holidays are eligible to receive (8) hours pay at their regular rate per each authorized holiday, whether such holiday be worked or not.  This is applicable whether the employee is scheduled for an eight (8), nine (9), ten (10), or twelve (12) hour day.  Hourly rate for purposes of holiday pay shall be determined by dividing the annual salary by two thousand eighty (2,080) hours.  Payment shall be made for each holiday in 1996 and 1997 by December 10 each year for all eligible holidays since the previous December 10.  After December 10, 1997,  payment shall be made for each holiday in the paycheck covering the payroll period in which the designated holiday pay is earned. Effective December 23, 1996, in addition to the eight (8) hours holiday pay, employees who work on a designated holiday shall be paid or may accumulate compensatory time at the rate of time and one-half (1 1/2) their regular straight time rate for all hours worked on the holiday.

            Section 4.  An employee who calls in sick on the last scheduled day before and/or the first scheduled day after the holiday, and/or the holiday (if scheduled) will not be eligible for the day as holiday pay, unless excused by the Sheriff or the employee has a written doctor's excuse.

            Section 5.  Employees shall be entitled to the preceding day off with pay, whenever Christmas and New Year's Day falls on Tuesday, Wednesday, Thursday, or Friday.  Those who are required to work shall be paid in accordance with Section 3 above.


ARTICLE 14

LONGEVITY PLAN

            Section 1.  All regular full-time employees, having completed four (4) years of continuous permanent employment prior to December 1st of each calendar year, shall be eligible to receive a longevity bonus for service with the County.  Payments to employees who become eligible by their anniversary date, prior to December 1st, of any year shall be due the first regular working day of December.  An employee must have completed continuous full-time service equal to the service required for original eligibility, plus one additional year of continuous regular full-time employment for each additional annual payment.  Employees whose service with the County terminates because of service or disability retirement, death or are laid off shall be paid a prorated bonus when they retire, based on the number of calendar months of full-time active service credited to them from the preceding December 1st to the date of cessation of their active employment.  An employee whose employment with the County terminates for other reasons prior to December 1st shall not be eligible to receive a longevity bonus.  An employee on an approved unpaid leave of absence, during the twelve (12) months eligibility period for a longevity payment, other than the initial payment, shall receive a prorated payment based on the number of completed months he/she received full compensation.

            Section 2.  The longevity bonus payment schedule shall be as follows:

                           Continuous Service                                 Annual Bonus

                 4 or more, but less than 8 years                         3% of annual wage

                 8 or more, but less than 12 years                       5% of annual wage

                12 or more, but less than 16 years                      7% of annual wage

                16 or more years                                                   9% of annual wage

 

The longevity bonus shall be computed as a percentage of the employee's annual base salary or wage.  Base salary or wage shall be that which an employee is being paid on the first regularly scheduled day of the fiscal year in which a longevity bonus is due, and shall not include overtime pay, premium pay, uniform allowance, per diem or travel allowance, or any other compensation.  No longevity payment, as above scheduled, shall be made for that portion of an employee's base salary which is in excess of Twenty Thousand Dollars ($20,000.00).

            Section 3.  By November 1st of each year, the Sheriff shall furnish the Personnel Office with a list of employees who are eligible to receive a longevity payment.  The Sheriff shall indicate the amount of the longevity bonus due each such employee.  The Personnel Office shall review each list to assure that the dates of continuous permanent employment correspond with the employment records and that the proposed payments are consistent with the Collective Bargaining Agreement; make any revisions necessary; inform the Sheriff; and provide one list of approved longevity payments to the Controller.  The Controller shall authorize payment pursuant to County procedures.

 


ARTICLE 15

SICK LEAVE

            Section 1.  Each employee shall earn sick leave credit based on the ratio of 3.846 hours for each period of eighty (80) hours of compensated employment, and pro-rated increments thereof, one hundred (100) hours per year.

            Section 2.  Maximum Accumulation.  Sick leave credit shall accrue to a maximum of one thousand nine hundred twenty (1,920) hours.

            Section 3Purpose.  Sick leave credit may be used for absence due to personal illness, personal injury, exposure to contagious disease, doctor or dentist appointments.  A cumulative maximum of forty (40) hours of sick leave credit per contract year may be used for the illness of a spouse, minor dependent child or step-child, or parent of the employee.  Medical verification may be required by the Employer.

            Section 4Notice.  An employee taking sick leave shall inform his/her immediate supervisor of the fact and the reason therefore, before the beginning of the employee's work day unless prohibited by extenuating circumstances.

            Section 5Minimum Increments.  Sick leave credits shall be utilized in minimum increments of not less than one (1) hour.

            Section 6Proof of Illness.  An employee may be required to provide proof of illness in the form of a physician's letter or other means of proof at the request of the Employer when there is reasonable justification.

            Section 7Payment of Sick Leave.  All payment for sick leave shall be made at the employee's current rate of pay.

            Section 8Transfer of Sick Leave.  An employee who transfers within the County and/or Court, from one bargaining unit to another, or out of a unit, shall use the accrued and unused sick leave credit subject to the terms and conditions of the successor contract, or the Employer's personnel practices, whichever are applicable.

            Section 9Cash-Out Upon Separation.  Upon separation from employment, an employee shall be paid for accrued and unused sick leave credit at his/her base rate of compensation at the time of separation on the following basis:

            A.        Death:  Fifty percent (50%) of the maximum one thousand four hundred forty (1,440) to a maximum seven hundred twenty (720) hours upon the death of the employee to the designated beneficiary.

            B.        Retirement:  Fifty percent (50%) of the maximum one thousand four hundred forty  (1,440) to a maximum seven hundred twenty (720) hours upon the retirement of the employee.

            C.        No payment shall be made upon separation of employment for any other reason than death or retirement.

            Section 10Annual Cash-Out Option.  Upon execution of a written option, an employee shall be paid for one-half (1/2) of the balance of the sick leave credit earned, but unused during the previous twelve (12) month period, to a maximum of forty (40) hours.  The payment request shall be submitted on the designated form no later than November 15, and the payment shall be received no later than December 15.

            Section 11Medical Dispute.  The Sheriff may require a physical or mental exam by a doctor at the Employer's expense, to determine the employee's ability to perform his/her regular duties, if deemed appropriate.  The employee may obtain a second opinion at the employee's expense, and in the event that there is a dispute between the Employer's doctor and the employee's doctor, both of these doctors shall select a third doctor, whose decision shall be final and binding on the Parties.  The expense shall be born equally between the Employer and employee to the extent it is not covered by the employee's insurance.

            Section 12Sick Time Donation.  An employee within the bargaining unit may donate up to sixteen (16) hours of his/her accumulated sick leave to no more than two (2) persons, per contract year, to another unit member who is off work for an authorized illness or injury, and has used all available compensation.  The donating employee must have at least five (5) years seniority, and two hundred fifty (250) hours of accumulated sick time.

            This Section will be dependent upon approval of the Ingham County Board of Commissioners in each case.  Decision of the Board shall not be subject to the grievance procedure.

            Section 13Maternity/Paternity Leave.  Employees shall be eligible for maternity/paternity leave as mandated by applicable Federal and/or State Law.

            Section 14Family Medical Leave Sick UseEmployees may use accumulated sick time for approved leave of absences relating to a Family Medical Leave request when it is necessary, as medically certified, to care for a family member.  This is in addition to the time allowed in Section 3.  This sick time use will be granted after the employee has exhausted other available time.  There shall be no donation of sick time for care of family members.


ARTICLE 16

HOSPITALIZATION - MEDICAL COVERAGE

Section 1.     2006.

            A.        Health Insurance Program.

            Effective January 1, 2006, the EMPLOYER will offer the following health insurance programs for eligible full-time employees and legal dependents.

            Option 1:

BCBSM-POS: Blue Choice Certificate, POS DR 250/500, POS CR 80/20, POS AA, POS OV 20, POS ET 50

 

Prescription drug coverage will be provided by the EMPLOYER through a pharmacy benefits manager.

 

Prescription Drug Plan 1: Prescription drug copayments for generic drugs will be $0.00.  Prescription drug copayments for brand drugs will be based on a formulary.  Brands listed under “Generic Copay” heading will have a $0.00 copay.  Formulary brand copay will be 20%, but not more than $35.00.  Non formulary brand copay will 25%, but not less than $25.00 and not more than $45.00. Maximum out-of-pocket expenses for drugs for each health care plan participant contract will be $1,100.00 per year. Coverage for mail order will also be provided, and a 90-day supply of any properly prescribed drug will only be available through mail order.  A 90-day supply of designated maintenance drugs shall also be available at retail pharmacies.  The formulary and list of medications available in 90-day quantities at retail pharmacies shall be subject to periodic review and revision.

 

            Option 2:

 

            PHP Plus (Point-of-Service) Plan 30406-311-111

 

Prescription drug coverage will be provided by the EMPLOYER through a pharmacy benefits manager. 

 

Prescription Drug Plan 1: Prescription drug copayments for generic drugs will be $0.00.  Prescription drug copayments for brand drugs will be based on a formulary.  Brands listed under “Generic Copay” heading will have a $0.00 copay.  Formulary brand copay will be 20%, but not more than $35.00.  Non formulary brand copay will 25%, but not less than $25.00 and not more than $45.00. Maximum out-of-pocket expenses for drugs for each health care plan participant contract will be $1,100.00 per year. Coverage for mail order will also be provided, and a 90-day supply of any properly prescribed drug will only be available through mail order.  A 90-day supply of designated maintenance drugs shall also be available at retail pharmacies.  The formulary and list of medications available in 90-day quantities at retail pharmacies shall be subject to periodic review and revision.

 

            Option 3:

 

            Health Advantage - High Plan

 

Prescription drug coverage will be provided by the EMPLOYER through a pharmacy benefits manager.

 

Prescription Drug Plan 1: Prescription drug copayments for generic drugs will be $0.00.  Prescription drug copayments for brand drugs will be based on a formulary.  Brands listed under “Generic Copay” heading will have a $0.00 copay.  Formulary brand copay will be 20%, but not more than $35.00.  Non formulary brand copay will be 25%, but not less than $25.00 and not more than $45.00. Maximum out-of-pocket expenses for drugs for each health care plan participant contract will be $1,100.00 per year. Coverage for mail order will also be provided, and a 90-day supply of any properly prescribed drug will be available through mail order for a single month copay.  A 90-day supply of designated maintenance drugs shall also be available at retail pharmacies for a single month copay.  The formulary and list of medications available in 90-day quantities at retail pharmacies shall be subject to periodic review and revision.

 

            Option 4:

 

Health Advantage - Low Plan

 

Prescription Drug Plan 3: Prescription drug coverage will be provided by the EMPLOYER through a pharmacy benefits manager. Generic drugs shall have a $2.00 copay.  Prescription drug copayments for brand drugs will be based on a formulary.  Brands listed under “Generic Copay” heading will have a $2.00 copay.  Formulary brand copay will be 25%, but not less than $15.00 and not more than $35.00.  Non formulary brand copay will be 25%, but not less than $25.00 and not more than $45.00. Maximum out-of-pocket expenses for drugs for each health care plan participant contract will be $1,100.00 per year. Coverage for mail order will also be provided, and a 90-day supply of any properly prescribed drug will be available through mail order for a single month copay.  A 90-day supply of designated maintenance drugs shall also be available at retail pharmacies for a single month copay.  The formulary and list of medications available in 90-day quantities at retail pharmacies shall be subject to periodic review and revision Prescription drug copayments will be $2.00 for generic drugs, 25% for brand drugs, with a minimum of $15.00 and a maximum of $35.00. Maximum out-of-pocket expenses for drugs for each health care plan participant contract will be $1,100.00 per year. Coverage for mail order will also be provided and a 90-day supply of a maintenance drug will only be available through mail order.

 

            Option 5:

 

            PHP HMO Only Plan 30407

 

Prescription Drug Plan 3: Prescription drug coverage will be provided by the EMPLOYER through a pharmacy benefits manager. Generic drugs shall have a $2.00 copay.  Prescription drug copayments for brand drugs will be based on a formulary.  Brands listed under “Generic Copay” heading will have a $2.00 copay.  Formulary brand copay will be 25%, but not less than $15.00 and not more than $35.00.  Non formulary brand copay will be 25%, but not less than $25.00 and not more than $45.00. Maximum out-of-pocket expenses for drugs for each health care plan participant contract will be $1,100.00 per year. Coverage for mail order will also be provided, and a 90-day supply of any properly prescribed drug will be available through mail order for a single month copay.  A 90-day supply of designated maintenance drugs shall also be available at retail pharmacies for a single month copay.  The formulary and list of medications available in 90-day quantities at retail pharmacies shall be subject to periodic review and revision Prescription drug copayments will be $2.00 for generic drugs, 25% for brand drugs, with a minimum of $15.00 and a maximum of $35.00. Maximum out-of-pocket expenses for drugs for each health care plan participant contract will be $1,100.00 per year. Coverage for mail order will also be provided and a 90-day supply of a maintenance drug will only be available through mail order. 

 

            B.        Premiums.

            Effective January 1, 2006, the EMPLOYER agrees to pay the full premium for eligible full-time employees for hospitalization coverage outlined in subsection A above, up to the following amounts:

Full Family      =          $672.13

                                    2-Person        =          $598.84

Single             =          $286.01

Retirees         =          $303.03

 

            These benchmarks will increase by the same amount as the salary schedule is increased for following years.  Increases in premium costs exceeding the benchmark will be shared 50/50 by the EMPLOYER and the employees with the employees' payment made through payroll deduction under the Section 125 Plan.

            The parties will retain the Health Care Cost Containment Committee, found in the attached Letter of Understanding, which will continue to meet on ways to reduce health care costs and to avoid and reduce potential co-pays of both the EMPLOYER and the employees.  The EMPLOYER will provide the UNION and the Committee new health care premium rates as soon as they are available.

            Section 2Enrollment.  The employee shall become covered upon the completion of the required forms and upon acceptance of him/her by the applicable carrier as a participant.  The County shall pay the premium cost of full-family point of service coverage for each eligible full-time employee .  Deductions will be made for any additional coverages the employee chooses to select.

            Section 3Substitution of CarriersThe County reserves the right to substitute other carriers, provided the fundamental provisions of the coverage will not be changed.

            Section 4Waiver. An employee who is eligible for medical/hospitalization insurance via another source and who executes an affidavit to that effect may elect not to be covered by the medical insurance provided under this Article.  The decision to waive coverage shall be made once per calendar year.  A Waiver Agreement drafted by the Employer shall be executed by the employee.  In the event the employee elects to forego medical insurance, the Employer shall pay an amount based upon the coverage for which the employee is otherwise eligible at the time of election (full family, two persons, or single subscriber) directly to the employee as taxable compensation.  The amounts payable, based on the applicable coverage, shall be as follows:

                                    Full Family                  =          $185.43

                                    2-Person                    =          $165.21

                                    Single                         =          $  78.91

 

            Employees losing medical coverage from another source shall notify the County Financial Services Department in time so that the employee and dependents, where appropriate, can be re-enrolled in a health care plan beginning the first day of the month following the loss of alternate coverage.                      

            Section 5.  Dual Coverage.  In the event a husband and wife are both employees of the County, the option provided for under Section 5 shall be mandatory by either the husband or wife.

            Section 6.  Other Plans.  The Employer reserves the right to add additional, or alternative, plans should they become available to the Employer and in the event health insurance cost containment measures are identified and recommended to the Employer following the date of ratification of the agreement that the bargaining unit agrees to negotiate those measures so identified in good faith.

            Section 7Vision.  Effective July 1, 1999, unit members will be afforded the same vision insurance plan as other employees, being VSP Group Vision Care Standard Plan A.  New hires will be eligible the beginning of their seventh (7th) month of employment.


ARTICLE 17

MEDICAL DISPUTE

            In the event of a dispute involving an employee's physical or mental ability to perform his/her job, and the County or the Sheriff are not satisfied with the determination of the treating physician, the County or the Sheriff may require a report from a medical doctor of their choosing and at their expense.  If the dispute still exists, at the request of the DIVISION, the employee's doctor and the County or the Sheriff's doctor shall agree upon a third medical doctor to submit a report to the County or the Sheriff and the employee, and the decision of such third Party will be binding on both Parties.  The expense of the report of the third Party shall be borne equally by the County and the employee.  The employee shall make himself/herself available to the County or Sheriff's physician for examination at a time set by the physician.

 

 


ARTICLE 18

LIFE INSURANCE AND DISABILITY INSURANCE

            Section 1.  The County shall provide life insurance coverage for full-time employees with death benefits of not less than Twenty Thousand Dollars ($20,000.00).  Such insurance shall include double indemnity Forty Thousand Dollars ($40,000.00) for accidental death on a 24-hour coverage basis.

            Section 2.  The life insurance coverage shall be effective the 1st day of the month after the person has been employed by the County.

            Section 3.  The County shall provide disability insurance under the terms and conditions specified by the insurance carrier.

 

 



ARTICLE 19

FUNERAL LEAVE

            Section 1Compassionate (Funeral) Leave.  If a death occurs among a member of an employee's immediate family, the employee will be excused from work to attend the funeral and make other necessary arrangements from the date of death until the day after the funeral, up to a maximum of five (5) days, three (3) of which will be with pay and, if necessary, two (2) additional days to be charged against earned sick leave or personal leave.  Immediate family is defined as:  spouse, children, parents, father-in-law, mother-in-law, step-children, brother and sister.

            One (1) day, the day of the funeral, is allowed in the case of the death of an uncle, aunt, nephew, or niece, and two (2) days from brother-in-law, sister-in-law, daughter-in-law, son-in- law, grandfather, grandmother, or grandchild, to be charged against earned sick leave or personal leave.  Upon approval of the Sheriff or his designee, one (1) additional day may be granted, to be charged against sick leave or personal leave.  Any additional time must be charged against personal leave or annual leave.

            Section 2.  The Sheriff is to be notified immediately of a death in the family and the extent of the expected absence.  The employee shall provide appropriate verification to confirm his/her eligibility for the provisions of this Article, if requested by the Sheriff.

            Section 3.  One (1) vehicle may be released for one (1) day to five (5) off-duty employees for attendance at the funeral of any local officer killed in the line of duty anywhere in the lower peninsula of Michigan, up to a maximum of five (5) times per year, unless otherwise approved by the Sheriff.  Such attendance shall be without compensation and with the prior approval of the Sheriff.



ARTICLE 20

LEAVE FOR CONFERENCES OR CONVENTIONS

AND SAFETY COMMITTEE

 

            Section 1.  The County will grant, upon approval of the Sheriff, leaves of absence with pay to Division members of the bargaining unit of the Fraternal Order of Police for the following functions:

A.        One (1) person for five (5) days every other calendar year to attend F.O.P. national meetings.

B.        Two (2) persons for three (3) days to attend the F.O.P. State of Michigan meetings each calendar year.

            Section 2.  Once a month, the Division president and one (1) other designated employee may be excused for the local Division meeting, without loss of pay, not to exceed five (5) hours, if he/she is scheduled to work.

            Section 3Up to two (2) members, i