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HomeMy WebLinkAboutResolutions - 2016.12.08 - 22707MISCELLANEOUS RESOLUTION # 16333 December 8, 2016 BY: Human Resources Committee, Robert Hoffman, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT — FISCAL YEAR 2017 — FISCAL YEAR 2018 COLLECTIVE BARGAINING AGREEMENT FOR EMPLOYEES REPRESENTED BY THE COMMAND OFFICERS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland, the Oakland County Sheriff's Office, and the Command Officers Association (COA) have negotiated a Collective Bargaining Agreement covering approximately 115 Sheriff's Department employees including Sergeant, Lieutenant and Captain; and WHEREAS a two year Collective Bargaining Agreement has been reached for the period October 1, 2016 through September 30, 2018; and WHEREAS the parties have agreed to a 2% wage increase for Fiscal Year 2017 for all employees represented by this bargaining unit, or a "Me Too" with the general, non-represented employees if a greater increase were approved; and WHEREAS the parties have agreed to a 2% wage increase for Fiscal Year 2018 for all employees represented by this bargaining unit, or a "Me Too" with the general, non-represented employees if a greater increase were approved; and WHEREAS the parties have agreed to accept the Parental Leave policy in accordance with Miscellaneous Resolution #16137; and WHEREAS the parties have agreed to accept the increase to the 457 Deferred Compensation match for participating represented employees from $300 to $1000, effective January 1, 2017; and WHEREAS the parties have agreed to increase assigned Captain Weekend Duty pay from $700 to $800; and WHEREAS this agreement provides for members of the bargaining unit to participate in the County Annual Leave Buy Back Program; and WHEREAS the parties have agreed to increase the employer contribution to the Health Savings Account from $75 per pay to $125 per pay; and WHEREAS the parties have agreed to a compensatory time program for Lieutenants and Sergeants with up to a maximum of 56 hours in a compensatory time bank; and WHEREAS the parties have agreed that employees represented by this bargaining unit will not be subject to any healthcare benefit modifications during calendar years 2017 and 2018; and WHEREAS this agreement provides for the establishment of a random drug testing program and reasonable suspicion testing; and WHEREAS the parties have agreed that any discipline issued to members of this bargaining unit that is in excess of a two day suspension without pay shall proceed to arbitration; and WHEREAS the parties agreed to update the Emergency Manager language in the collective bargaining agreement to reflect the current statute; and WHEREAS this agreement provides for an additional day off for those employees who pass the fitness test if 60% of the bargaining unit passes physical fitness test; and WHEREAS the parties have agreed to adopt the County's Workplace Violence Policy; and WHEREAS this agreement provides that any employee benefit modifications and/or retirement benefit modifications implemented on a countywide basis to general, non-represented employees that take effect during the duration of this Collective Bargaining Agreement shall be applied to employees represented by this bargaining unit at the same time and in the same manner; and WHEREAS this agreement has been reviewed by your Human Resources Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed Collective Bargaining Agreement between the County of Oakland, the Oakland County Sheriff's Office and the Command Officers Association covering the period of October 1, 2016 through September 30, 2018, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Kochenderfer absent. Motion to refer to the Finance Committee carried on a voice vote. HUMAN RESOURCES COMMITTEE SUMMARY OF AGREEMENT BETWEEN THE COUNTY OF OAKLAND THE OAKLAND COUNTY SHERIFF'S OFFICE AND THE COMMAND OFFICERS ASSOCIATION November 30, 2016 IDURATION: 2 years ECONOMIC: Contractual: Wages: October 1, 2016— September 30, 2018 FY 2017 2% increase; Should a general wage increase greater than 2% be provided to the general, non-represented employee groups then this bargaining unit would be entitled to the same increase applied at the same time and in the same manner. FY 2018 2% increase; Should a general wage increase greater than 2% be provided to the general, non-represented employee groups then this bargaining unit would be entitled to the same increase applied at the same time and in the same manner. Employee Benefits: Parental Leave: In accordance with MR# 16137. Deferred Compensation: Increase the employer match for participating Command Officer Association employee from $300 to $1000 effective January 1, 2017. Captain Weekend Duty Pay: Increase assigned Captain Weekend Duty pay from $700 to $800. 1 Annual Leave Buy Back: Health savings Account Retirement Program: Compensatory Time Lieutenants and Sergeants: Healthcare: 2017 and 2018 NON-ECONOMIC Contractual: Drug Testing: Grievance Procedure: Promotions: Members of this bargaining unit may participate in the County Annual Leave Buy Back Program, which provides for employees with a minimum of 60 hours in their leave bank to request a maximum cash out of 40 hours or a minimum cash out of 20 hours once a year. This offering coincides with the same Annual Leave Buy Back Program proposed for all County employees. Increase the employer contribution from $75 per pay to $125 per pay. Same as Oakland County Deputy Sheriff Association Law Enforcement Collective Bargaining Agreement; already in effect for most Command Officer Association members in this Plan. Available to Lieutenants and Sergeants. May have up to 56 hours in their compensatory time bank. No changes during the life of contract term. Establishment of a random drug testing program and reasonable suspicion testing. Any discipline in excess of a two day suspension without pay shall proceed to arbitration. (Same as Oakland County Deputy Sheriff Association Law Enforcement Collective Bargaining Agreement). Minimum requirements for eligibility for prornotion to Lieutenant and Captain. Jury Duty: Language consistent with the Oakland County Deputy Sheriff Association Law Enforcement Collective Bargaining Agreement. 2 Family Medical Leave ACT (FMLA)/ Language consistent with the Oakland County Deputy Leave of Absence: Sheriff Association Law Enforcement Collective Bargaining Agreement. Personal Leave: Language consistent with the Oakland County Deputy Sheriff Association Law Enforcement Collective Bargaining Agreement. Emergency Manager Language: Update to Emergency Manager Language. Physical Fitness: Add additional day off for those who pass the fitness test if 60% of bargaining unit passes physical fitness test. Seniority: Added language to determine seniority within rank. Workplace Violence Policy: Adoption of County policy. THE COUNTY OF OAKLAND AND OAKLAND COUNTY COMMAND OFFICER'S ASSOCIATION SHERIFF'S OFFICE - SERGEANTS, LIEUTENANTS & CAPTAINS COLLECTIVE BARGAINING AGREEMENT OCTOBER 1, 2016- SEPTEMBER 30,2018 PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE 1 1 2 2 4 4 5 5 6 6 7 9 10 10 13 14 14 14 14 TABLE OF CONTENTS ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI ARTICLE XVII ARTICLE XVIII ARTICLE XIX ARTICLE XX RECOGNITION MANAGEMENT RESPONSIBILITY DUES CHECK-OFF BASIS OF REPRESENTATION GRIEVANCE PROCEDURE BULLETIN BOARD SENIORITY LAYOFF, RECALL AND TRANSFERS PROMOTIONS FALSE ARREST INSURANCE DEFENSE AND INDEMNIFICATION GENERAL CONDITIONS &HERM I, HOLIDAY LEAVE ADOPTION BY REFERENCE OF RELEVANT RESOLUSTIONS AND PERSONNEL POLICIES RETIREMENT BENEFITS MAINTENANCE OF CONDITIONS ECONOMIC MATTERS NO STRIKE-NO LOCKOUT EMERENCY MANAGER DURATION APPENDIX A WAGES CAPTAIN WEEKEND DUTY PAY CLOTHING ALLOWANCE DIVERS PREMIUM PAY LIEUTANT CORRECTIVE SERVICES/DETENTION FACILITIES BONUS DEFERRED COMPENSATION PAGE 16 PAGE 17 PAGE 17 PAGE 17 PAGE 17 PAGE 18 II HI IV V VI II III IV V VI APPENDIX B FRINGE BENEFITS HEALTH BENEFITS DENTAL COVERAGE VISION COVERAGE LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT COVERAGE MILEAGE PAGE 19 PAGE 20 PAGE 20 PAGE 21 PAGE 21 PAGE 21 VII SHERIFF'S PHYSICAL FITNESS INCENTIVE PROGRAM PAGE 22 BEREAVEMENT LEAVE PAGE 22 IX PERSONAL LEAVE PAGE 24 X JURY DUTY PAGE 26 XI PARENTAL LEAVE POLICY PAGE 27 XII ANNUAL LEAVE BUY-BACK PROGRAM PAGE 29 APPENDIX C MEDICAL OPTIONS COMPARISON CHART APPENDIX D OAKLAND COUNTY SHERIFF'S DRUG TESTING POLICY MEMORANDUM OF UNDERSTANDING-COMPENSATORY TIME PAGE 31 PAGE 39 PAGE 49 II AGREEMENT This agreement is made and entered into on this day of , A.D., 2016, by and between the County of Oakland and the Oakland County Sheriff, hereinafter referred to collectively as the "Employer" and the Command Officers Association of Michigan and its affiliate, the Oakland County Command Officer's Association, hereinafter referred to as the "Union". It is the desire of both parties to this agreement to continue to work harmoniously and to promote and maintain high standards, between the Employer and employees, which will best serve the citizens of Oakland County, RECOGNITION The Employer recognizes the Union as the exclusive representative of the Sergeants, Lieutenants and Captains of the Oakland County Sheriff's Department, for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment and other terms and conditions of employment, in the following bargaining unit for which they have been certified, and in which the Union is recognized as collective bargaining representative, subject to and in accordance with the provisions of Act 336 of the Public Acts of 1947, as amended. All employees classified as Sergeants, Lieutenants and all Captains of the Oakland County Sheriff's Department excluding all others. II MANAGEMENT RESPONSIBILITY The right to hire, promote, discharge or discipline, and to maintain discipline and efficiency of employees, is the sole responsibility of the Employer except that Union members shall not be discriminated against as such. In addition, the work schedules, methods and means of departmental operation are solely and exclusively the responsibility of the Employer, subject, however, to the provisions of this agreement. III DUES CHECK-OFF (a) The Employer agrees to deduct the union membership initiation fee and dues, once each month, from the pay of those employees who individually authorize in writing that such deductions be made. All authorizations delivered to the Employer prior to the first day of the month shall become effective during that succeeding month. Cheek-offmonies will be deducted from the second paycheck of each month and shall be remitted together with an itemized statement to the local treasurer, within fourteen (14) days after the deductions have been made, (b) An employee shall cease to be subject to check-off deductions beginning with the month immediately following the month in which he is no longer a member of the bargaining unit. Any employee may voluntarily cancel or revoke the Authorization for Check-off deduction upon written notice to the Employer and the Union during the fifteen (15) day period, prior to the end of calendar year. 1 (c) The Union will protect and save harmless the Employer from any and all claims, demands, suits, and other forms of liability by reason of action taken by the Employer for the purpose of complying with this section. IV BASIS OF REPRESENTATION Section 1 There shall be one Steward and an alternate Steward. Stewards will be permitted to leave their work, after obtaining approval of their respective supervisors and recording their time, for the purpose of adjusting grievances in accordance with the grievance procedure and for reporting to the grievant a change in status of his/her grievance. Permission for Stewards to leave their work stations will not be unreasonably withheld. Stewards will report their time to their supervisor upon returning from a grievance discussion. The privilege of Stewards to leave their work during working hours, without loss of pay, is extended with the understanding that the time will be devoted to the prompt handling of grievances and will not be abused, and that they will continue to work at their assigned jobs at all times except when permitted to leave their work to handle grievances. Section 2 There shall be a Grievance Committee consisting of the two members of the unit to be selected by the Union and certified in writing to the Employer. The Employer shall meet whenever necessary, at a mutually convenient time, with the union Grievance Committee. The purpose of Grievance Committee meetings will be to adjust pending grievances, and to discuss procedures for avoiding future grievances. In addition, the committee may discuss with the Employer other issues which would improve the relationship between the parties. V GRIEVANCE PROCEDURE The Employer and the Union support and subscribe to an orderly method of adjusting employee grievances. To this end, the Employer and the Union agree that an employee should first bring his/her problem or grievance to the attention of the Sheriff or designee with or without his/her Steward within five (5) days of the occurrence, who shall attempt to resolve the grievance informally. All disciplinary actions greater than a two-day suspension without pay up to and including dismissals and demotions shall be subject to the grievance procedure. All other disciplinary actions shall be processed according to the procedures of the Personnel Appeal Board and shall not be subject to the grievance procedure. 2 Step 1 If the grievance is not settled informally, it shall he discussed with the Steward and shall be reduced to writing, signed by the grievant and submitted to the Sheriff or designee. Step 2 The written grievance shall be discussed between the Steward and the Sheriff or designee. The Sheriff or designee will attempt to adjust the matter and will give a written decision within five (5) days (excluding Saturday, Sunday, and holidays) of receipt of the written grievance, Step 3 Any grievance not settled at Step 2 may be submitted to the next meeting of the Grievance Committee. Any grievance not submitted to the next Grievance Committee meeting, by written notification to the Employer within five (5) days of the immediate supervisor's written decision, shall be considered dropped. Step 4 Any matter not settled in Step 3 of the grievance procedure may be submitted to final and binding arbitration by either of the parties. A request for arbitration must be submitted by written notice to the other party within fifteen (15) days after the Grievance Committee meeting. Expenses for arbitration shall be borne equally by both parties. The grievances upon which arbitration has been demanded shall be referred to one of the following Arbitrators in accordance with the date of the written grievance, the oldest grievance being referred first: 1. G-EORGE ROUMELL 2. PAUL GLENDON 3. BEN WOLKINS ON 4. MARK GLAZER A grievance shall be referred to the listed Arbitrators in the order in which they appear. Once a grievance has been referred to an Arbitrator, a subsequent grievance shall be referred to the next Arbitrator on the list. The appointraent of the Arbitrator may be effected by sending a copy of the written notice of the request for arbitration to the Arbitrator. After a grievance has been referred to the last Arbitrator listed, the cycle shall repeat, beginning with the first Arbitrator, The Arbitrator may interpret and apply the provisions of this Agreement to determine the grievance before the Arbitrator. However, the Arbitrator shall have no power or authority, in any way, to alter, modify, amend, or add to any provisions of this Agreement or set a wage rate. The Arbitrator shall be bound by the express provisions of this Agreement. Any grievance not appealed from a decision in one of the steps of the grievance procedure to the next step as prescribed, shall be considered dropped and the last decision final and binding, except that time limits may be extended by mutual agreement of the parties. In the event the Employer shall fail to supply the Union with its answer to the particular step within the specified time limits, the grievance shall be deemed automatically positioned for appeal at the next step with the time limit for exercising said appeal commencing with the expiration of the grace period for answering. 3 VI BULLETIN BOARD The Employer shall assign space for a bulletin board which shall be used by the Union for posting notices, bearing the written approval of the President of the -Union local, which shall be restricted to: Notices of Union recreational and social affairs; Notices of Union elections; Notices of Union appointments and results of Union elections; Notices of Union meetings; Other notices efbona fide Union affairs which are not political or libelous in nature. VII SENIORITY Employees covered by this Agreement shall acquire seniority by working six (6) continuous months in the Unit, in which event the employee's seniority will date back to the date of appointment to his/her current classification. When the employee acquires seniority, his/her name shall be placed on. the seniority list, in the order of his/her seniority date. In determining seniority within a rank, seniority order shall be determined as follows: a) For the rank of Sergeant: Promotional date will-determine seniority. If two or more Sergeants are promoted and his/her dates are effective on the same day then his/her OCDSA (BU-1 0 and BU-09) seniority date will be the tie breaker. If these dates are the same the second tie breaker will be the lowest last four digits of the employee's social security numbers. b) For the rank of Lieutenant: Promotional date will determine seniority. If two or more Lieutenants are promoted and his/her promotional dates are effective on the same day then his/her Sheriffs Office Sergeant seniority date (time in grade) will be the tie breaker. c) For the rank of Captain: Promotional date will determine seniority. If two or more Captains are promoted and his/her promotional dates are effective on the same day then his/her Sheriffs Office Lieutenant seniority date (time in grade) will be the tie breaker. A seniority list shall be furnished to the Union every six (6) months showing the officers' date of appointment to each classification within the unit. An employee shnll lose his/her seniority for the following reasons: a) If the employee resigns Or retires; b) If the employee is discharged, and not reinstated; c) If the employee is absent from work for three (3) working days without properly notifying the Employer, unless a satisfactory reason is given; d) If the employee does not return to work at the end of an approved leave; e) If the employee does not return to work when recalled fiom a layoff. 4 VIII LAYOFF, RECALL AND TRANSFERS (a) If and when it becomes necessary for the Employer to reduce the number of employees in the work force, the employees will be laid off in seniority order, provided a Captain shall have the right to use his/her greater seniority to bump a Lieutenant with less seniority, and a Lieutenant the right to use his/her greater seniority to bump a Sergeant with less seniority, based on capability of performing available jobs and shall be recalled in the same order. (b) If and when an employee is permanently transferred to another division within the Department, the President or Chief Steward shall be notified of said transfer by the Employer. (c) If and when an employee is permanently transferred to another assignment within the department the employee shall be provided a minimum of five (5) working days notice. Should exigent circumstances exist, the five (5) working days notice shall be waived. IX PROMOTIONS (a) All promotions within the bargaining unit shall be made on a basis of a Competitive Examination as provided for in the Oakland County Merit System (the list of applicants to be good for six (6) months after certification by Employer and may be extended by Employer an additional six (6) months with notification to COAM), or the Sheriff may promote the most qualified employee in accordance with his/her professional judgment. Promotion to Lieutenant to require two years of fall-time experience as a Sergeant with the Oakland County Sheriff's Office; submit resume, have Merit System Status, possess a valid motor vehicle operator's or chauffer's license, have successfully completed police academy training or its equivalent (as required by the Michigan Commission on Law Enforcement Standards), and be currently certified as a police officer, successfully complete a six (6) month probationary period. Promotion to Captain to require two years of full-time experience as a Lieutenant with the Oakland County Sheriff's Office; submit resume, have Merit System Status, possess a valid motor vehicle operator's or chauffer's license, have successfully completed police academy training or its equivalent (as required by the Michigan Commission on Law Enforcement Standards) and be currently certified as a police officer, successfully complete a six (6) month probationary period. (b) Any new employee seeking or offered lateral entry into the Sergeant, Lieutenant or Captain classifications of the Command Officers Bargaining Unit as a result of a contract or arrangement for provisions of law enforcement services between the County and a municipality/public entity, must have served a minimum of two (2) years with the municipality/public entity immediately prior to the transfer in the rank sought with Oakland County. Prior to the implementation of any agreement for the provision of law enforcement services to a municipality/public entity where lateral entry into the Command Officers Bargaining Unit may OMB; qualified members of the Oakland County Command Officers Association will be given the opportunity to apply for any Lieutenant or Captain position(s) being sought by or potentially offered to any new employees from the municipality/public entity. New employees entering the Command Officers bargaining unit as a result of a contract or arrangement for provision of law enforcement services shall serve a one year probationary period. 5 New employees entering the Command Officers Bargaining Unit will have a date of hire for purposes of layoff/recall that will be the first day of employment with the Oakland County Sheriffs Office. New employees in the Command Officers Bargaining Unit who are not corrections certified, shall become conections certified as soon as practicable, but not later than one year after their appointment, unless there are extenuating circumstances. This provision applies only to the hiring of new employees in the Command Officers Bargaining Unit as a result of a contract or arrangement for the provision of law enforcement services between the County and a municipality/public entity. Any practices or arrangements related to the entry into the Command Officers Bargaining Unit under other circumstances are not affected by this provision. X FALSE ARREST INSURANCE Employees covered by this agreement shall be provided, by the Employer, a policy of false arrest liability insurance. The premiums for such insurance will be paid by the County. XI DEFENSE AND INDEMNIFICATION In accordance with Miscellaneous Resolution 485339, adopted November 21, 1985 by the Board of Commissioners, whenever a claim is made or a civil action is commenced against an officer or employee of the County of Oakland for injuries to persons or property allegedly caused by the officer or employee while acting within the scope of his or her authority, the County shall pay for all reasonable costs of litigation and engage or furnish the services of an attorney in accordance with County policy to advise the officer or employee as to the claim and to appear for and represent the officer or Employer in the action. The County may compromise, settle and pay the claim before or after the commencement of a civil action. Whenever a j udgment for damages is awarded against an officer or employee of the County as a result of a civil action for personal injuries or property damage caused by the officer Or employee while in the course of employment and while acting within the scope of his or her authority, the County of Oakland shall indemnify the officer or employee or pay, settle or compromise the judgment. To be eligible for the Defense and Indemnity obligations set forth in this paragraph, officers and employees shall cooperate in all respects with Corporation Counsel or assigned counsel in defending the claim or lawsuit. When a criminal action is commenced against an officer Or employee of the County of Oakland based upon the conduct of the officer or employee in the course of employment, if the employee or officer had a reasonable basis for believing that he or she was acting within the scope of his or her authority at the time of the alleged conduct, the County of Oakland shall pay for, engage or furnish the services of an attorney to advise the officer or employee as to the action and to appear for and represent the officer or the employee in the action. To be eligible for payment or reimbursement for counsel, an employee or officer who is charged criminally must immediately provide notice of and a copy of the criminal charges to Oakland County Corporation Counsel. Provided that the 6 officer or employee is otherwise entitled to have the County pay for the services of an attorney pursuant to this policy, the County of Oakland will pay for or reimburse for the attorney's services consistent with Oakland County's Liability Claims Policy and Procedures (as amended by MR#91016) as they pertain to the provisions of and compensation of Counsel in civil matters. Arrangements for an authorization of payment of the services of any attorney must be approved in advance. Attorneys so employed shall be required to provide the County with monthly detailed billings describing the services rendered. Per MISCELLANEOUS RESOLUTION #86124, adopted MAY 8, 1986 by the Board of Commissioners, "Officer(s) and Employee(s) of Oakland County" are defined to include: Elected or Appointed Officers and Officials; Employees; Volunteers; all Committees, Authorities, Commissions, Boards and Councils, including those incorporated by authority of State or Federal Law, and all members thereof. The County may purchase liability insurance to provide the above protection, or may provide a self-insurance program. XII GENERAL CONDITIONS Section 1 The Union shall be notified in advance of anticipated permanent major changes in working conditions and discussions shall be held within reasonable time if requested by the Union. Section 2 The provisions of this agreement shall be applied equally and without favoritism to all employees in the bargaining unit. There shall be no discrimination as to age, sex, marital status, race, color, creed, national origin or political affiliation. The Union shall share equally with the Employer the responsibility for applying this provision of the agreement. Section 3 Employees elected to any permanent full time Union office or selected by the Union to do work which takes them from their employment with the County, shall at the written request of the Union be granted a leave of absence without pay. The leave of absence shall not exceed two (2) years, but it shall be renewed or extended for a similar period at any time upon the written request of the Union. Section 4 When any position not listed on the wage schedule is filled or established, the County may designate a job classification and rate structure for the position. In the event the Union does not agree that the rate for the classification is proper, the Union shall have the right to submit the issue as a grievance through the grievance procedure within a three (3) month period. 7 Section 5 Any employee who is eligible for overtime compensation and who is required to work overtime which is not contiguous to the employee's regular work schedule shall be entitled to a minimum of two (2) hours work or pay for weekdays and three (3) hours work or pay for weekends at the time-and-one-half rate, and three (3) hours work or pay on holidays at the appropriate holiday rate. (Weekdays are defined as the first five (5) days of work which are part of an employee's regular work schedule.) Court duty appearance pay shall be applied in the following manner: When officers eligible for overtime compensation are required to appear in court, they shall be compensated at the rate of time and one-half for all time spent in court, with a guarantee of a minimum of two hours pay per day. Under the following conditions: 1. Case must be of a criminal nature or related to traffic enforcement. 2. Officer must be off duty at court time. Section 6 All Sergeants and Lieutenants will be entitled to make a shift preference selection within their division (Corrective Services-Main Jail, Corrective Services-Satellites, Patrol Services) in April and October of each year. This shift preference selection is to be based on seniority within classification (time in grade) and is subject to the approval of the Sheriff. It is understood that approval will not be unreasonably withheld. It is understood that not withstanding any other agreement, regulation or provision to the contrary, employees classified as Sergeants and Lieutenants will not be eligible for shift premium. It is further understood that all provisions of this section related to shift selection in no way effects the Sheriff's right to determine assignments. Section 7 Effective December 1, 2013: The provisions of the Oakland County Merit System in the Oakland County Employees Handbook concerning holidays, holiday pay, premium pay on holidays, and overtime on holidays, shall not apply to members of the bargaining unit with respect to President's Day, Veterans' Day, and the day after Thanksgiving Day. 2. Effective with the execution of this agreement October 2, 2013, the provisions of the Oakland County Merit System in the Oakland County Employee's Handbook concerning holidays, holiday pay, premium pay and overtime on holidays shall apply to members of the bargaining unit with respect to: New Year's Day, Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day and New Year's Eve. Christmas Eve and New Year's Eve shall be treated as holidays in every year without regard to the day of the week on which they fall. 8 At least 10 days prior to a holiday the Employer shall deteimine its staffing requirements and affected employees shall be notified at least 10 days prior to the holiday at each work location Section 8 All time, whether worked or compensated through an employee's use of leave time, in excess of a normal eight hour working day in the 24 hour period beginning with the start of the employee's normal working shift that day, shall be considered overtime and credited to the calendar day in which the 24 hour period began. Section 9 Except in exigent circumstances not reasonably expected to exceed 30 days, a minimum of 10% of the bargaining unit employees at a job location per shift shall be permitted to take leave from any available bank. XIII SHERIFF HOLIDAY LEAVE Effective the first pay period following December 1 of each year, bargaining unit members shall receive five (5) days of Sheriff Holiday Leave. Employees hired after Decemberl shall receive one (1) day of Sheriff Holiday Leave for each quarter annual period, or part thereof, between their date of hire and November 30 (e.g., an employee hired on May 1 would receive three (3) days of Sheriff Holiday Leave). Scheduling and use of Sheriff Holiday Leave shall be subject to the following restrictions: (a) Sheriff Holiday Leave shall be used and scheduled in the same manner as an annual leave, except that an employee may only use Sheriff Holiday Leave when his/her annual leave accumulation is less than two-thirds of the maximum accumulation. (b) Employees may not accumulate Sheriff Holiday Leave from one year to the next year. Employees shall be paid for any unused Sheriff Holiday leave for the period December 1 to November 30 on the first payday following the end of the pay period which includes November 30. Payment for unused Sheriff Holiday Leave shall be at the employee's straight time rate of pay on November 30. (c) Employees separating from County service or leaving the bargaining unit for other reasons shall be entitled to one day of Sheriff Holiday Leave for each quarter annual period or part thereof between their date of separation or leaving the bargaining -unit and the prior December 1 (e.g., an employee separating or leaving the bargaining unit June 1 would be entitled to three days of Sheriff Holiday Leave for that annual period). Should a separating employee have used more Sheriff Holiday Leave at the time of separation or leaving the bargaining unit than he/she would be entitled in accordance with the above formula, the Employer will subtract from the employees annual leave bank the number of days used in excess of those earned. 9 December 1— February 28 — 1st Quarter March 1 — May 31 ---- 2nd Quarter June 1 — August 31 = 3"1 Quarter September 1 — November 30 = 4 11' Quarter Employees separated from County service shall be paid at separation for their unused accumulation of Sheriff Holiday Leave at the salary rate the employee is being paid on his/her final day of actual work. (d) The one floating holiday which all employees have enjoyed in the past will not be subject to the above regulations, but will continue to be governed by the provisions of Merit Rule 26.1.2. XIV ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES All Resolutions of the Oakland County Board of Commissioners, as amended or changed, from time to time, relating to the working conditions and compensation of the employees covered by this agreement, and all other benefits and policies provided for in the Oakland County Merit System, which incorporates the Oakland County Employee's Handbook, are incorporated herein by reference and made a part hereof to the same extent as if they were specifically set forth. XV RETIREMENT BENEFITS- All Resolutions of the Oakland County Board of Commissioners, as amended and in existence of the date of this Agreement and as modified by prior Collective Bargaining Agreements between the parties, relating to Retirement System benefits, and all retirement system benefits and policies provided for in the Oakland County Employees' Handbook, Oakland County Merit System, except as provided and amended herein, are incorporated herein by reference and made apart hereof to the same extent as if they were specifically set forth, subject to the following: To the extent of any conflict between the provisions below and the Oakland County Employees' Retirement Program, Oakland County Merit System, or the Oakland County Employees' Retirement System Restated Resolution, the following provisions shall be controlling. 1. Effective January 1, 1978, employees hired after this date will not be eligible to include final sick leave or annual leave cash-in payments as part of their "Final Average Compensation" for the purpose of computing retirement benefits. 2. Effective January 1, 1989, all employees with eight (8) or more years of full-time County service shall be eligible for the Military Buyback Option as developed by the Oakland County Retirement Commission and approved by the Oakland County Board of Commissioners. Employees who are eligible for the Military Buyback prior to the final ratification of this agreement, and failed to exercise the option, will be allowed to buy back up to two (2) years of military service at the Employer's actual cost as determined by the Employer's actuary. 3. Effective June 1, 1994, employees new to the bargaining unit shall not be entitled to use overtime pay as part of "Final Average Compensation" for the calculation of retirement benefits. 10 4. Effective January 1, 1995, unit employees who have twenty-five (25) years of service with the Sheriff's Department, after compliance with all other requirements, may be eligible for retirement regardless of their age. 5. Any individual, who enters the bargaining unit through promotion or otherwise, who is a participant in the County's Defined Contribution Retirement Plan shall continue to be a participant in the Defined Contribution Retirement Plan and shall not be a participant in the County's Defined Benefit Retirement Plan, 6. Effective March 19, 1998, (i.e., with respect to payroll dates and amounts on and after March 19, 1998), all members of the Defined Benefit Retirement System shall contribute 5% of the amount of compensation used in computing "Final Average Compensation" as member contributions to the Defined Benefit Retirement System which will be used to fund, in part, the retirement benefits provided by the Defined Benefit Retirement System. Effective March 19, 1998, the required employee contributions of 5% of "compensation" (as defined in Section 3(a) of the Restated Resolution of the Rules and Regulations governing the Oakland County Employees' Retirement System as revised May 21, 1992, excluding overtime with respect to employees hired on or after June 1, 1994, and sick leave and annual leave cash in payments for employees hired after January 1, 1978) shall be picked up (i.e., assumed and paid) by the Employer for purposes of Internal Revenue Code Section 414(h)(2) of the Internal Revenue Code. Said Employer contributions will be paid by the Employer to the Defined Benefit Retirement System plan and no employee shall have any option of choosing to receive the amounts directly. This 414(h)(2) arrangement shall not affect detei initiation of final average compensation for pension contribution purposes. 7. Effective March 19, 1998, with respect to all persons who are active employees and members of the Defined Benefit Retirement System on or after March 19, 1998, the percentage factor used to compute applicable benefit amounts will be 2.5%. Provided, however, that in order to be eligible for and to receive the 2.5% factor, an employee is required to be an active member of the Command Officers bargaining unit for two (2) full years. 8. Vested former members must continue to meet the requirements of the Retirement System Restated Resolution in effect at the time said person terminated their employment and terminates their membership in the Retirement System as an active employee. 9. All bargaining unit employees shall have the option to transfer from the Defined Benefit Retirement Program to the Defined Contribution Retirement plan as set forth in Miscellaneous Resolution #94275, and as approved by the Internal Revenue Service, based on a multiplier of 2.2%. Eligible employees must exercise this option between April 1, 2000 and May 31, 2000. The calculations will be based on the status of the participant's defined benefit retirement account as of December 31, 1999. In lieu of any increase in value in the Defined Benefit Account from continued employment between December 31, 1999 and the date of payment to the Defined Contribution Retirement Plan, each electing participant shall receive interest at the rate of 7.5% per annum on his/her account. Election shall be made by delivering a signed copy of the election form to the County Personnel Department. Once an employee elects to transfer from the Defmed Benefit Retirement Program to the Defined Contribution Retirement Plan, that employee shall not be eligible to be a participant in the Defined Benefit Retirement Program at any time thereafter. 10. The Union agrees to filly cooperate and to take any action necessary with the County in obtaining or continuing any necessary Internal Revenue Service rulings or other requirements or any other requirements imposed by any government or other authority concerning the Defined Benefit Retirement Plan or the Defined Contribution Retirement Plan. 11. Employees hired on or after January 1, 1989, who subsequently retire from County service shall not be eligible for County reimbursement of Medicare Part B payments. 12. Effective September 13, 1984, employees retiring with 25 years service in the Department shall be eligible for health care benefits as provided under the Oakland County Retiree's health care plan regardless of their age. 13. The County shall make the following contributions and matchings contributions to the Defined Contribution Retirement Plan for employees hired prior to May 27, 1995: (a) For calendar year 2000 the County shall contribute 11% of base wages to the Defined Contribution Retirement Plan and the employee shall contribute 4% of base wages to the Retirement Plan. (b) For calendar year 2001 the County shall contribute 12% of base wages to the Defined Contribution Retirement Plan and the employee shall contribute 5% of base wages to the Retirement Plan. 14. All bargaining unit employees hired on or after May 27, 1995, shall only be eligible to participate in the Defined Contribution Retirement Plan, as adopted by the Board of Commissioners in Miscellaneous Resolution #94185. The County shall make the following contributions and matching contributions to the Defined Contribution Retirement Plan: (a) For calendar year 2000 the County shall contribute 7% of base wages to the Defined Contribution Retirement Plan and the employee shall contribute 1% of base wages to the Retirement Plan. (b) For calendar year 2001 the County shall contriute 8% of base wages to the Defined Contribution Retirement Plan and the employee shall contribute 2% of base wages to the Retirement Plan. (c) Effective November 28, 2012, the contribution for employees in the Defined Contribution Retirement Plan hired on or after 05/27/95, the County will contribute 10% of base wages and the employee will contribute 5% of base wages to Retirement Plan. (d) Effective with the execution of this agreement October 2, 2013, employees hired on or after 5/27/95, in the Defined Contribution Plan, shall contribute an additional 1% of base wages to the Retirement Plan for a total of 6%. Should the County contribution increase for the general, non-represented employees during the length of this contract, the increase shall be applied to all employees represented by this bargaining unit, in the Defined Contribution Plan, at the same time and in the same manner. 15. The following employees shall only receive retiree health care benefits pursuant to Miscellaneous Resolution #94292: 12 (a) Any employee hired or non-vested former employee rehired on or after May 27, 1995; (b) Any employee entering the bargaining unit who is already subject to Miscellaneous Resolution #94292. (c) Employees hired after March 5, 2009, will be a part of the Health Savings Account Retirement Program. The Employer shall contribute $125 per bi- weekly paycheck to the Health Savings Account Retirement Program for each participant in the program. New employees in this bargaining unit who are promoted from the 0.C.D.S.A. will continue in the same retirement health care plan as they had been in that bargaining unit. Retiree Health Care Except for the members of this bargaining unit who are solely covered by the Retiree Health Savings Account, the Employer and the Union agree that when the Union member retires, he/she shall become a part of the County's general retiree group and as such shall participate in the health care program that the County provides to retirees and eligible dependents. The Employer and the Union acknowledge and agree that the Union and its members have assurance under Oakland County Ordinance #27 that the retiree health care benefits shall be provided through either (a) the County and/or (b) a government program (e.g., Medicare); and that basic retiree health care shall be maintained. The parties also acknowledge and agree that the Employer shall continue to have the right to select cost-effective funding methods, administrators, and to reasonably modify, from time to time, the portion of the total cost to be borne by retirees for receiving such benefits (e.g., co-pays and deductibles). The parties also agree that the Employer can modify its retiree health care programs so that the County and its retirees can participate in any government sponsored program or policy as long as the benefits provided are of comparable coverage as provided in Oakland County Ordinance #27. xvi MAINTENANCE OF CONDITIONS Wages, hours and conditions of employment legally in effect at the execution of the Agreement shall, except as modified herein, be maintained during the term of this agreement. 13 XVH ECONOMIC MATTERS The agreement between the parties on economic matters are set forth in Appendix A and Appendix B attached hereto and are incorporated into this Collective Bargaining Agreement, subject to the terms and conditions thereof. XVIII NO STRIKE - NO LOCKOUT Under no circumstances will the Union cause or authorize or permit its members to cause, nor will any member of the bargaining unit take part in, any strike, sitd own, stay-in or slowdown or any violation of any State law. In the event of a work stoppage or other curtailment, the Union shall immediately instruct the involved employees in writing, that their conduct is in violation of the contract and that all such persons shall immediately cease the offending conduct. The Employer will not lockout any employees of the bargaining unit during the term of this agreement. XIX EMERGENCY MANAGER An Emergency Manager appointed under the Local Financial Stability and Choice Act may reject, modify or terminate this collective bargaining agreement as provided within the Local Financial Stability and Choice Act, 436 PA. 2012. Inclusion of the foregoing language does not constitute a waiver of the COAM' s right to raise Constitutional and/or other legal challenges (including contractual or administrative challenges) to: (1) the validity of the Local Financial Stability and Choice Act, 436 PA. 2012; (2) appointment of an Emergency Manager; or (3) any action of an Emergency Manager which acts to reject, modify or terminate the collective bargaining agreement. XX DURATION This agreement shall remain in full force and effect from October 1, 2016 to midnight, September 30, 2018. The agreement shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing, one hundred twenty (120) days prior to September 30, 2018, that it desires to modify the agreement. In the event that such notice is given, negotiations shall begin within a reasonable period of time. This agreement shall remain in full force and be effective during the period of negotiations and until notice of termination of this agreement is provided to the other party in the manner set forth in the following paragraph. 14 In the event that either party desires to terminate this agreement, written notice must be given to the other party no less than ten (10) days prior to the desired termination date which shall not be before the anniversary date set forth in the preceding paragraph. It is agreed and understood that the provisions contained herein shall remain in full force and effect so long as they are not in violation of applicable statutes and ordinances and remain within the jurisdiction of the County of Oakland. COMMAND OFFICERS ASSOCIATION COUNTY OF OAKLAND OF MICHIGAN By James Tignanelli, POAM Michael Bouchard, Sheriff OAKLAND COUNTY COMMAND OFFICERS ASSOCIATION By Michael Gingell, Board Chairperson By L. Brooks Patterson, County Executive 15 APPENDIX A WAGES FISCAL YEAR 2017 and FISCAL YEAR 2018: Classification Base 1 Year 2 Year Captain FY 2017 Annual $92,372 $95,453 $98,542 Biweekly $3,552.75 $3,671.27 $3,790.09 FY 2018 Annual $94,219 $97,362 $100,513 Bi-weekly $3,623.81 $3,744.70 $3,865.89 Lieutenant FY 2017 Annual $84,411 $86,997 $89,584 Biweekly $3,246.59 $3,346.03 $3,445.55 FY 2018 Annual $86,100 $88,737 $91,376 Bi-weekly $3,311.52 $3,412.95 $3,514.46 Sergeant FY 2.017 Annual $78,126 $79,702 $81,440 Bi-weekly $3,004.84 $3,065.47 $3,132.30 FY 2018 Annual $79,688 $81,296 $83,069 Bi-weekly $3,064.94 $3,126.78 $3,194.95 Should a general wage increase greater than 2% be provided to the general, non- represented employee groups for FY2017 then this bargaining unit would be entitled to the same increase at the same time and in the same manner. Should a general wage increase greater than 2% be provided to the general, non- represented employee groups for FY2018 then this bargaining unit would be entitled to the same increase at the same time and in the same manner. * The County salary rates are officially reported in hi-weekly amounts. Annual rates are shown for illustrative purposes only. 16 II CAPTAIN WEEKEND DUTY PAY One Captain shall be designated to be on-call during a week including non-office hours on weekdays and on Saturday and Sunday. In addition to being on call, the Captain shall be at work at the Sheriffs Office for at least four (4) hours each Saturday and Sunday. Captains are not required to report to work at the Sheriffs Office on Holidays, but will be on-call. The designated Captain shall be compensated $800 for each week he/she works as the Weekly Duty Captain. III CLOTHING ALLOWANCE Eligible non-uniformed Sergeants and Lieutenants shall receive a clothing and cleaning allowance at an annual rate of $375.00 payable in installments of $187.50 in June and $187.50 in December. Non-uniformed Sergeants-and non-uniformed Lieutenants required by the Sheriff to wear a suit and tie shall be entitled to an additional $200.00 clothing and cleaning allowance annually. This additional allowance shall be paid in installments of $100.00 and added to the $187.50 paid in June and December of each calendar year. To be eligible for the clothing allowance, non-uniformed officers, as identified by the Sheriff, shall be required to wear suit and tie and/or shirt and tie. Officers assigned plain clothes duty by the Sheriff for 30 consecutive days or more shall be entitled to a pro-rated clothing and cleaning allowance. Should new grants or patrol contracts approved by the Board of Commissioners contain provisions for clothing allowances, officers assigned to the new positions will be eligible for the allowance. rv DIVERS PREMIUM PAY (a) Divers shall receive straight time pay for on-duty hours of work. (b) For all hours on the job other than on-duty hours, the diver shall receive time and one-half pay. *(c) The divers shall receive premium pay of $5,00 per hour over and above the rates set forth in sections (a) and (b) above when performing diving activities. *(d) When diving under the ice, divers shall receive premium pay of $10.00 per hour over and above the rates set forth in sections (a) and (b) above, *Computation of the $5.00 per hour and $10.00 per hour premium pay shall be computed to the nearest one-half (2) hour. LIEUTENANT CORRECTIVE SERVICES/DETENTION FACILITIES BONUS An annual bonus in the amount of $2000 shall be paid to one (1) Lieutenant (approved by the Sheriff) assigned to Corrective Services/Detention Facilities to be paid bi-weekly. 17 VI DEFERRED COMPENSATION The County has a 457 (b) Deferred Compensation Plan. The County matches the first $300 contributed to the 457 (b) Plan by a Command Officer each calendar year. Effective January 1, 2017, the County will match the first $1000 contributed to the 457(b) Plan by a Command Officer each calendar year. 18 APPENDIX B For the following fringe benefits, refer to the Oakland County Employees' Handbook: Injury on the Job 2. Holidays 3. Leave of Absence All provisions of Merit Rule 21 (Family Leave) will be implemented for members of the Command Officers Association except the requirement to exhaust all leave banks prior to the use of leave without pay. Members of the Command Officers Association will be provided the option to elect to use leave without pay or applicable leave banks during the first 30 days of an approved Family Leave. However, once the leave has commenced, an employee will not be able to change his/her decision regarding the use of leave without pay or applicable leave banks during this 30 day period. Should the Family Leave extend beyond 30 days, the requirement to exhaust leave banks will be in effect. 4. 5.* 6. 7. 8. 9 .** 10.*** Death Benefits Longevity Medical Coverage Sick Leave Annual Leave Disability Coverage Dental Coverage Tuition Reimbursement The fringe benefits modified in previous Collective Bargaining Agreements shall continue in effect as modified and described in the Oakland County Employee's Handbook. 19 Merit Rule No. 2, Section VII, "Service Increment Pay", shall not apply to any employee hired after March 15, 1984. ** Eligibility for County-provided medical coverage while on LTD shall be as follows: An employee on LTD will be eligible for County-provided medical coverage for up to six (6) months from the date of LTD eligibility provided he/she has applied for and were turned down for Social Security Disability and Medicaid and have no other medical coverage available and providing the employee has not allowed his/her medical coverage to lapse. *** Dental benefits increased consistent with Miscellaneous Resolution # 99189. **** Tuition Reimbursement increased consistent with the Fiscal Year 2000 budget. HEALTH BENEFITS All Health Care Benefits set forth herein are subject to the employee contribution where applicable and to the terms and conditions of the plan. The Employer has the right to select and change any and all plans/policies, insurance benefits, plan providers or third party administrators provided the benefits stated herein remain substantially the same. All benefits set forth apply to active employees and their dependents only. (a) For the duration of the 2013 calendar year, employees in this bargaining unit will continue the Medical Care coverage currently in effect through December 31, 2013 (subject to paragraph B.) (b) Effective January 1, 2014, (or as soon as administratively practical) employees in this bargaining unit with coverage shall be covered under one of the Medical Care plans as described in Appendix C. (c) Employees in this bargaining unit shall make Medical Care contributions (contributions are bi-weeldy and pre-tax) in accordance with the Medical Care plan they select. (d) Any healthcare changes to take effect after September 30, 2018, shall be negotiated. DENTAL COVERAGE The Employer shall provide a Standard Dental Plan for employees and their dependents. Benefits under the plan shall be 100% for Class I Benefits (Preventative), 85% for Class II (Basic), 50% for Class III (Major) and 50% for Class IV (Orthodontia) subject to a $25 annual deductible for single coverage and $50 annual deductible for two person or family coverage for Class II and Class ifi services. The maximum per individual per calendar year is $1,000. The maximum for orthodontia per individual is $1,000. Employees have the option of selecting a High Option Plan during open enrollment. Employees selecting the High Option Dental Plan rather than the Standard Dental Plan shall pay, 20 through payroll deduction, the amount established annually by the Employer. Employees have the option of selecting a modified plan during open enrollment or selecting no dental coverage. Employees selecting the modified plan or no coverage rather than the Standard Dental Plan shall have employee earnings added to their paycheck as a result of selecting a reduced benefit. VISION COVERAGE The Employer shall provide a Standard Vision Plan for employees and their dependents. Benefits under the plan shall provide for a vision examination with a $5 co-pay and a $7.50 co-pay on lenses and frames every 24 months from the date of the last examination or prescription for lenses and frames. Employees have the option of selecting a High Option Vision Plan during open enrollment. Employees selecting the High Option Vision Plan rather than the Standard Vision Plan shall pay, through payroll deduction, the amount established annually by the Employer. LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT COVERAGE (a) LIFE COVERAGE The Employer shall provide a Standard Life Plan for employees. The benefit under the plan shall provide one and one-half times the employee's annual salary. Employees have the option of selecting a Higher Life Plan during open enrollment. Employee selecting the Higher Option Plan rather than the Standard Life Plan shall pay, through payroll deduction, the amount established annually by the Employer. Employees have the option of selecting a Lower Life Plan during open enrollment. Employees selecting the Lower Life Plan rather than the Standard Life Plan shall have employee earnings added to their paychecks as a result of selecting a reduced benefit. (b) ACCIDENTAL DEATH AND DISMEMBERMENT COVERAGE The Employer shall provide a Standard AD & D Plan for employees. The benefits under the plan shall provide one times the employees annual salary. Employees have the option of selecting Higher AD & D Plans during open enrollment. Employees selecting Higher Option Plans rather than the Standard AD & D insurance plan shall pay, through payroll deduction, the amount established annually by the Employer. MILEAGE Employees required to drive their personal vehicle on official County business shall be reimbursed for miles traveled at the rate equivalent to the IRS mileage rate. 21 SHERIFF'S PHYSICAL FITNESS INCENTIVE PROGRAM Any Command Officer who meets the established physical fitness standards will be granted the following leave days under the condition set forth: a) The Sheriff's Office will select and conduct at least 3 physical fitness testing times before September 1st of each year. b) One leave day will be granted if physical fitness standards are met by September 30 th for one year. c) Two days will be granted if physical fitness standards are met by September 3e for two consecutive years. d) In order to retain two leave days for future years, retesting must be done and the physical fitness standards met by September 30 th of each succeeding year. e) If 60% of the COA bargaining unit meets the physical fitness standards by September 30 th then one additional leave day (a second or third leave day as the case may be) will be added to each employee's leave day bank who meets the physical fitness standards. The leave days shall be credited to the employee in October after they are earned. The leave days earned for meeting and maintaining the Sheriff's physical fitness standards must be used by September 30th of the next year and they may not be accumulated in a bank nor shall they be assigned any cash value that will be paid to the employee, except as set forth in paragraph (h) hereof. h) If the bargaining unit has a 50% successful completion rate, then the employees may be paid for any unused leave days in their physical fitness leave day bank. Payment will be made in the first paycheck in November after completion of the one year time period for using leave days. The program is voluntary. BEREAVEMENT LEAVE In the event o f the death of a member of unit employee's immediate family or household, i.e., where the deceased bears the relation of spouse, child, parent, sibling, guardian, grandparent, or grandchild, or is a member of the employee's household (i.e., resides in his or her residence at the time of death), the employee shall be granted a paid leave of three consecutively scheduled work days. In the event of the death of a unit employee's parent-in-law, grandparent-in-law, brother, sister, daughter or son-in-law, the employee may be granted up to three consecutively scheduled work days at the discretion of the employee's Department Head, in consideration of the relationship of the employee to the deceased and the geographic location of the funeral. Covered relations may be natural, adoptive, step or foster in nature. Covered leave shall be paid at the employee's regular hourly rate. Absent extenuating circumstances, an employee must notify the Sheriff/designee of eligibility for said leave by written application on forms provided by the Human Resources 22 Department prior to use of the leave. Such time off shall not be debited from an employee's established leave banks. Should the death of a member of a unit employee's immediate family or household occur while the employee is on a scheduled vacation, he/she shall be eligible for the paid leave provided herein, provided he/she notifies the Sheriff/ designee prior to the date of the funeral and attends the funeral. 23 PERSONAL LEAVE A. DEFINITION OF PERSONAL LEAVE Personal Leave is an absence from work for which the employee is paid just as if he/she was at work. Personal Leave is provided primarily to provide income protection for the employee whose personal illness or incapacity is such that they are not able to work, but they have not yet met the required waiting period to qualify for the short term disability plan. Personal Leave may also be used for, but is not limited to, personal business, vacation, care of ill family members and medical or dental examinations and treatment. B. ELIGIBILITY FOR PERSONAL LEAVE Unit members will be issued five personal leave days during the first full pay period of each calendar year in which they remain actively employed. Personal Leave may not be used before it is credited to the Personal Leave Bank, and no more time may be used than what is available in the Personal Leave Bank. 2. New Hires who successfully complete their six month probationary period will receive Personal Leave days on the closest pay period following the completion of their probationary period, in accordance with the following provisions: Those employees whose probationary period falls within two calendar years will receive a pro-rated amount of Personal Leave days calculated from the date of hire through the end of the calendar year in which they were hired. In addition, these employees will receive five Personal Leave days for the calendar year in which their probationary period is completed. Those employees whose entire probationary period falls within a single calendar year will receive a prorated amount of Personal Leave days calculated from their date of hire through the balance of the calendar year in which they were hired. C. ACCUMULATION OF PERSONAL LEAVE Employees may accumulate up to a total of 18 Personal Leave days. Once the maximum is reached no further Personal Leave time will accumulate either for immediate or future use when the employee's accumulation is below the maximum. 2. Personal Leave days have no cash-in value. 24 D. USE OF PERSONAL LEAVE 1. Uses of Personal Leave with advance permission of the department head include, but are not limited to, personal business, vacation, scheduled medical and dental examinations or treatment and supplementing Workers' Compensation or Income Disability insurance payment. 2. Personal Leave may also be used without advance permission of the Department Head, for personal illness or incapacity over which the employee has no reasonable control, or the illness or incapacity of a family member if the employee is the only person available to render such care or other exigent circumstances. The Sheriff or his designee shall be responsible for reviewing employee requests for Personal Leave under this sub-section and determining their validity. The Sheriff or his designee may refuse to allow use of Personal Leave when circumstances give rise to suspicion of abuse (e.g., where there is a pattern in the use of leave days, etc.), in such cases, an employee may be required to provide infoimation including documentation to substantiate the reason for the absence. 3. Employees unable to work their shift shall notify the Sheriff or his designee no later than one hour before the start of their normal work shift. E. EFFECT OF PERSONAL LEAVE ON ANNUAL LEAVE 1. Employees on Personal Leave shall continue to accumulate Annual leave just as if they were on the job. 2. Legal holidays which are counted as days off with pay by the County shall not be deducted from an employee's Personal Leave accumulation when they fall during a period of Personal Leave usage. F. EFFECT OF RE-EMPLOYMENT ON PERSONAL LEAVE 1. Former employees, who return to County Service, must start their accumulation of Personal Leave as new employees. However, at such time that their prior County Service is recognized by the Oakland County Employees' Retirement System, all personal leave accumulation they had at the time of separation shall be reinstated. 2. Employees who leave the County Service to enter the Armed Forces of the United States under the provisions of the Selective Service Act, who are 25 members of the Armed Forces and are called to active duty, or who enlist in the Armed Forces during a declared national emergency shall, upon re-employment by the County, have available any unused Personal Leave previously earned: provided that such re-employment takes place within ninety (90) days after discharge or release from active duty in the Armed Forces whichever is later. G. EFFECT OF BEREAVEMENT LEAVE ON PERSONAL LEAVE Employees who are given permission to use Bereavement Leave during the period of approved Personal Leave usage shall not have the time spent on Bereavement leave deducted from their Personal Leave accumulation. JURY DUTY Employees required to serve on jury duty will be paid as if they were at work and will be considered to be assigned to the day shift until the termination ofjury duty. Jury service constitutes a regular full day's work, unless the employee is released by the Court before its afternoon session. In such event, the employee shall consult with his/her Commanding Officer as to whether s/he should return to work. Compensation is to be for no more than 40 hours per work week. Employees on jury duty leave will continue to receive all fringe benefits they normally receive while they are on jury duty. Employees must turn in a copy of their jury duty notification and are required to turn in all jury duty fees excluding mileage to the Sheriffs Office. 26 Parental Leave Policy • PURPOSE This policy provides for six (6) weeks of paid Parental Leave after the birth, or adoption, of a new child to provide parental bonding time for Oakland County employees. II. ELIGIBLITY A. Full-time eligible employees who have completed six (6) months of County service. This includes full time appointed and non-merit employees and employees serving a one year probationary period. B. Eligible parent is defined as mother or father with parental rights to the child. 111. PAY AND BENEFITS DURING PARENTAL LEAVE A. Parental Leave is paid at 100% of an employee's current straight time rate of pay for six consecutive weeks (40 hours per week, maximum hours to be paid 240 hours). B. Benefits continue during Parental Leave. C. All benefit contributions will be deducted from an employee's bi-weeldy payroll check. D. Employees will continue to accrue leave time while on Parental Leave, E. Parental Leave does not impact an employee's benefit date, IV. USING PARENTAL LEAVE A. Parental Leave may not be used for the five day waiting period before short-term disability begins. B. Parental Leave must be used for six (6) consecutive weeks. Unused Parental Leave will be forfeited if the employee chooses to return to work before the end of the six (6) week Parental Leave period. C. Intermittent Parental Leave is not permitted. D. Parental Leave for the mother will begin immediately after the termination of short-term disability; termination of short-term disability will he verified. E. Parental Leave for the father or spouse will begin the day after the birth event. F. Parental Leave will begin the day of the adoption or placement for adoption for mother, father, or spouse. G. Parental Leave will be granted per birth or adoption event; multiple births or adoptions in one event does not increase the amount of Parental Leave time granted. V. APPLICATION FOR PARENTAL LEAVE A. A Parental Leave form should be completed and submitted to the Human Resources Department- Records Unit at least 30 days before Parental Leave is to be used. 27 B. Employees must submit sufficient documentation of birth, or placement for adoption to the Human Resources Department/Records Unit in order to complete the Parental Leave approval process. See Parental Leave request form for specific documentation. C. The Human Resources Department Records Unit is responsible for reviewing and approving all requests and notifying the department and employee of the approval of Parental Leave. D. Submitting false information or falsified documents in support of or in connection with Parental Leave is subject to appropriate disciplinary action. VI. PARENTAL LEAVE, FAMILY MEDICAL LEAVE ACT, AND HOLIDAYS A. Approved Family Medical Leave Act (FMLA) will run concurrently with Parental Leave. B. If the employee is not eligible for FMLA leave or FMLA benefits are exhausted, the employee may still be eligible for Parental Leave time. C. The Human Resources Department/Records Unit will track FMLA and Parental Leave usage and inform departments of appropriate coding for payroll purposes. D. County recognized Holidays that occur while an employee is on Parental Leave will be coded as "Parental Leave". VII. OTHER PROVISIONS OF THE PARENTAL LEAVE POLICY A. Exceptions to the Parental Leave policy may be sought in extreme cases by submitting a written request to the Human Resources Department. B. The Human Resources Department will provide an annual Parental Leave update to the Human Resources Committee of the Board of Commissioners. 28 ANNUAL LEAVE BUY-BACK PROGRAM An employee who has 60 or more hours in his/her annual leave bank may submit a request by the end of the second pay period in July to cash out not less than 20 hours nor more than 40 hours of pay (in full hour increments) from his/her annual leave bank, This Annual Leave cash out shall not leave an employee's annual leave bank with less than 40 hours. The Annual Leave Buy Back payment shall be paid in the second pay period in August. Said pay is in lieu of the requested number of annual leave hours and is subject to all applicable state, federal, and local withholding, and other payroll deductions. Any payment received as a result of annual leave buy back shall not be included in final average compensation (FAC) for employees in the defined benefit plan and no employer or employee contribution will be made to the defined contribution plan as a result of this payment. 29 APPENDIX C Attached hereto is the Medical Options Comparison chart in effect for 2017 and 2018. 30 IMPORTANT NOTE: The information contained on this comparison is intended to be an easy to read summary to help you and your family make choices among the different options available to you. Be sure to carefully study each option before making your choice. This comparison summarizes some of the provisions and certain features of each plan. It cannot modify or affect the coverage or benefits provided in any way. No right will accrue to you .and/or your eligible dependents because of any statement, error or omission from this comparison. Its provisions do not constitute amendments, modifications or changes in any existing contract. Medical Plan Options Comparison Min= AVAILABLE TO ALL ONLY AVAILABLE TO AVAILABLE TO ALL EMPLOY/BPS PPO1 EMPLOYEES PPO2 EMPLOYEES PPO3 OYEES ILY10 EMPLOYEES CURRENTLY ENROLLED TRADITIONAL BENEFITS ASR Health Benefits Blue Cross/Rlue Shield ASR Health Benefits Health Alliance Plan Blue Cross/Blue Shield FPO Community Blue giu)) Traditional Plan (BC/BS) Plan WWW. asrhoalthb enefits. c orn $32 / 565 /$75 HAP Alliance Health & Life ?PO /Physicians Care / cm-NA / Multiplan $200 per person/$400 per family per calendar year 0% for most services; 10% after deductible as noted. Ircrw.BCDSM.com $42 ($70 1S85 $100 per person/$200 per family per calendar year 10% after deductible as noted. 50% for private duty nursing. Trrryy.asrhealthbenefits.com $16 $35 / $45 $250 per person/$500 per family per calendar year 20% after deductible as noted. 50% after deductible for private duty nursing. www.BCBSTVLcom $52 /$89 /$94 $200 per person/$400 per family per calendar year 10% ater deductible as noted. 25% for private duty nursing. Employee Bi-Weeltly Contributions NO COVERAGE Option Network(s) Deductible(s) Coinsurance No Deductible No Coinsurance www.HAE.org $32 / $65 / $75 Refer to the 2017 Your Total Compensation Statement for (Earnings) amount Blue Cross/Blue Shield HAP Alliance Health & Life Health Alliance Plan Blue Cross/Blue Shield PPO /Physicians Care / HMO CIGNA / Multiplan Coinsurance Maximum $1,000 per person/family per calendar year. $500 per person/$1,000 per family per calendar year. 90% after deductible $1,000 per person/$2,000 per family per calendar year, 80% after deductible Not Applicable $1,000 per person/family per calendar year, 100% 100% Bariatric Copay: $1,000 1NPAiIENT HOSPITAL CARE General Conditions 100% Semi-Private Drags Intensive Care Unit Meals Hospital liquipraent Special Diets l\Tursba_g Care ' OTTIPATIENT HOSPITAL CARE Emergency Room Care Accidental Injuries 5100 copay $100 repay $100 copay, deductible and I $100 copay coinsurance may also apply for 1 5100 copay 31 PPO1 ASR Health Benefits Copay waived for accidental injury or if admitted 100% Copay waived for accidental injury or if admitted 90% after deductible 60 combined visits per calendar year. $20 cops:. PPO3 .A.SR Health Benefits www.asrhealthh en efits, corn some services. Copay waived for accidental injury or if admitted 80% after deductible $20 copary AVAILABLE TO ALL EMPLOYEES HMO Health Alliance Plan (HAP) www.EfAP.orv.,. Capay waived if admitted 100% Includes Speech Therapy and Occupational Therapy Up to 60 consecutive visits per benefit period. May be rendered at home. $20 copay ONLY AVAILABLE TO EMPLOYEES CURRENTLY ENROLLED TRADITIONAL Blue Cross/flue Shield Traditional Plan CBC/BS) www.RCBSIYI. cum Copay waived for accidental injury or if admitted 90% after deductible 60 combined or consecutive visits per calendar year, 90% after deductible BENENTIS Medical Emergencies Physica.1 Therapy -URGENT CARE Urgent Care Visits $20 copay PREVENTATIVE CARE SERVICES AVAILABLE TO ALL EMPLOYEES TrIVISCaSrhealthbenefits.com Blue Cross/Blue Shield PPO Community Blue Plan -ivrew.BCBSINel.eom AVAILABLE TO ALL EMPLOYEES Routine Health Maintenance Exam— includes chest x-ray, EKG, cholesterol screening and other select lab procedures 100% 100% 100% 100% 100% Routine Physical 100% 100% .100% 100% 100% Routine Gynecological Exam. 100% 100% 100% 100% 100% Routine Pap Smear Screening—laboratory and pathology services 100% 100% 100% 100% 100% Well-Baliy CliEd Care Visits • 6 visits, birth through 12 months • 6 visit, 13 months through 23 months • 6 visits, 24 months through 35 months • 2 -visits,16 months through 47 months • Visits beyond 47 months are limited to one per member per calendar year 100% 100% 100% . 100% No limits on number of visits 100% 32 Medical Plan Options Comparison , BENEEtiS - AVAILABLE TO ALL AVAILABLE TO ALL AVAILABLE TO ALL AVAILABLE TO ALL ONLY AVAILABLE TO EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES PPO1 ASR Health Benefits WNYW. asthealthbeaefits.com PPO2 Blue Cross/Blue Shield ]PO Community Blue ?Ian wsre,..BC,BSM.corri PPO3 ASH Health Benefits wmv.asthealthben efit5.00113 MY10 Health Alliance Plan CHAP) wwvv.HAP-org CURRENTLY ENROLLED TRADIAIONAL Blue Cross/Blue Shield Traditional Plan (BC/BS) lvww.I3CBSM.com -under the health maintenance exam benefit Adult and Childhood Preventive Services and Immunizations as recommended by the USPSTF, ACIP, BRSA or other sources as recognized by BCBSM, ASR and HAP that are in compliance with the provisions of the Patient Protection and Affordable Care Act 100% 100% 100% . 100% 100% Routine Fecal Occult Blood Screening 100% 100% 100% 100% 100% Routine Flexible Signitoidoscony Exam 100% 100% 100% 100% 100% Routbie Prostate Specif D Antigen (PSA) Screening 100% 100% - 100% 100% 100% Routine Mammogram and Related Reading 100% 100% NOTE: Subsequent medically necessary mammograms performed during the same calendar year are subject to your deductible and percent coinsurance. 100% NOTE: Medically necessary mammograms are subject to your deductible and percent coinsurance. 100% 100% NOTE: Subsequent medically necessary mammograms performed during the same calendar year are subject to your deductible and percent coinsurance Colonoscopy —Routine or Medically Necessary 100% 100% NOTE: Subsequent colonoscopies performed during the same calendar year are subject to your deductible and percent coinsurance._ 100% NOTE: Subsequent colonoscopies performed during the same calendar year are subject to your deductible and percent coinsurance. 100% 100% NOTE: Subsequent colonoscopies performed during the same calendar year are subject to your deductible and percent coinsurance. MENPAIr HEALTH CARE Inpatient Mental Health 100% 90% after deductible 80% after deductible , 100% 100% Outpatient Mental Health Visits $20 co-pay . 90% after deductible Office Visits $20 copay $20 copay $20 copay 100% 33 • BENE111S , AVAILABLE TO ALL Medical Plan Options Comparison AVAILABLE TO ALL ONLY AVAILABLE TO AVAILABLE TO ALL AVAILABLE TO ALL EMI'LOYEES EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES PPO1 .4i9R Health Benefits www.asrhealthbenefits.corn PPO2 Blue Cross/Blue Shield FPO Community Blue Plan www.BCBSYLcom PPO3 ASR Health Benefits wim.asrhealthbenefits.com IMO Health Affiance Plan (HAP) www.ILAP.oro- CURRENTLY ENROLLED TRADITIONAL Blue Cross/Blue Shield Traditional Plan (BC/BS) -tv-vs,w.BCBSIVI.com Inpatient Substance Abuse Care Chemical Dependency 100% 90% after deductible 80% after deductible 100% 100% Outpatient Substance Abuse Care Chemical Dependency $20 copay 90% after deductible Office visit $20 repay $20 copay $20 cop ay 100% In approved facilities only SPECIAL HOSPITAL PROGRAMS Hospice Care 100% 100% 80% after deductible Covered up to 210 days per lifetime. 100% of approved amount Specified Hundau Organ Transplants 100% 90% to 100% Covered according to plan guidelines. 80% after deductible Covered according to plan guidelines. 100% in approved facilities MEDICAL AND SURGICAL CA.Rt . Surgery Technical Surgical Assist Anesthesia 100% 100% 100% 90% after deductible 90% after deductible 90% after deductible 80% after deductible 80% after deduciible 80% after deductible 100% Voluntary second surgical opinion; $20 repay. 100% 100% 100% Voluntary second surgical opinion on certain. surgeries. 100% 100% Maternity Care Delivery Pre- and Post-Natal Care • 100% 100% 90% after deductible 100% 80% after deductible 100% for some pre-natal -visits; otherwise 80% after deductible 100% 100% pre-natal visits $20 copay post-natal visits 100% 100% pre-natal visits 90% after deductible post-natal visits Inpatient Medical Care 100% 90% after deductible 80% after deductible 100% General —Unlimited Inpatient Consultations 100% 90% after deductible 80% after deductible 100% 100% Laboratory & Pathology 100% 90% after deductible 80% after deductible 100% 90% after deductible Diagnostic Services 100% 90% after deductible 80% after deductible 100% 90% after deductible DiagnOstie and Therapeutic Radiology 100% 90% after deductible , 80% after deductible Covered 90% after deductible ADDITIONAL BENEKIS . Office Visits $20 copay $20 cop ay $20 copay $20 copay 90% after deductible Chiropractic Care $20 repay Limited to 38 visits per calendar year. $20 repay Limited to 24 visits per calendar year. $20 copay Limited to 38 visits per calendar year. Not Covered 90% after deductible Allergy Testiu 100% 100% 80% after deductible $20 cop ay 90% after deductible Allergy Therapy 100% 100% 80% after deductible 100% 90% after decbictible Ambulance Services 90% after deductible • 90% after deductible 80% after deductible 100% 90% after deductible 34 BENEFITS AVAILAST X. TO ALL Medical Plan Options AVAILABLE TO ALL Comparison AVAILABLE TO ALL AVAILABLE TO ALL ...- ONLY AVAILABLF TO EIVIPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES PPOI ASR Health Benefits wivw.asrhealthbeneEts. corn PP02 Blue Cross/Blue Shield PP 0 Community Blue Plan www.BCBSIVI.com PP03 ASR Health Benefits www,asrliealthbenefits.com HLVIO Health Alliance Plan (HAP) . www.RAP.org CURRENTLY ENROLLED TRADITIONAL Blue Cress/Blue Shield Traditional Plan (BC/BS) www.BCBEM.cora Durable Medical Equipment 90% after deductible 90% after deductible 10% after deductible 100% 90% after deductible Diabetic Supplies 90% No Annual Deductible 90% after deductible 80% after deductible 100% 90% after deductible Private Duty Nursing 90% after deductible 50% after deductible 50% after deductible Not Covered 75% after deductible Skilled Nursing 140% 90% alter deductible 80% after deductible 100% Up to 730 days renewable after 60 days. 100% Assisted Reproductive Treatment Not Covered - Not Covered Not Covered 100% One attempt of artiEcial insemination per lifetime. Not Covered Voluntary Sterilization and FDA Approved Contraceptive Methods for females ' IGO% 100% 100% 100% 100% PROGRAM PROVISIONS Out of Network Services in general, Plan pays 85% of approved amount less apPlicable col:lays. For diabetic supplies, durable medical equipment, and private duty nursing, Plan. pays 75% of approved amount after deductible (if applicable). Plan pays 70% of approved amount, after out-of-network deductible, less applicable copays. In general, Plan pays 65% of approved amount after deductible less applicable copays. For private duty nursing, Plan pays 50% of approved amount after deductible. Not covered except for emergencies 35 Medical Plan Options Comparison ONLY AVAILABLE TO EMPLOYEES CURRENTLY ENROLLED TRADITIONAL Health Alliance Kan Blue Cross/Blue Shield (HAP) Traditional Plan (BC/BS) PP 01 PP 02 BENEFITS A-SR Health Benefits Blue Cross/Blue Shield PP 0 Community Blue Plan AVAILABLE TO ALL EMPLOYEES AVAILABLE TO ALL EMPLOYEES AVAILABLE TO ALI, EMPLOYEES PP 03 ASR Health Benefits AVAILABLE TO ALL EMPLOYEES HMO www.asrhealti therrefts.com wyrw.1303SM.com Pr axed iNetwolk)HosPitals: 90% of covered benefits, after deductible. Non-Network Hospitals: 70% of approved payment amount after out-of-network deductible. Preferred (Network} Physicians: 100% after 520 repay. Non-networkaysicians: 70% of approvecipayment amount after out-of-network deductible and $20 cop ay. www.asrhealthbenefits.com Preferred (Network) Hospitals: 80% of covered benefits, leas applicable deductible. Non-NetworklIospitals: 65% of waved payment amount, after deductible. Preferred (Network) Physicians - Outpatient 100% after $20 repay. Non-networkPhysicians - Outhrildent 85% of approved payment amount after $20 repay. www.HAP. ors; Copays as noted, www.BCBSM.com Participating Hospitals: 100% of covered benefts Non-partitratinR Hospitals: Inpatient care te acute-care hospital $70 a day. Inpatient care in otherhospitals - $15 a day. Medicare Suraical: 100% of BC13SM' s approved amount Payment of Covered Services Preferred Wet-work) Hospitals: 100% of caveredbenerals. Non-Network Hospitals: 85% of approved payment amount Preferred (Network)Phvsicians - Outpatient 100% after $20 copay. Non-network Physicians Outpatient 85% of approved p aymept amount slier $20 copay, NOTZ: Hearing aids and services are not co ered under any Oakland County medical plans. Navitus www.nevitus.corn NoviNus www.novirms.com Navitus www.navitas.com Novaus wwwmovi?res.com Health Alliance Plan www.HAP.org Pharmacy Advantage wwnv.PharmacyAdvantageR X. COM Navitus www.navitus.com NoviXus www.novixus.com PRESCRIPTION DROO PROGRAM • Retail Prescription I Nayitus Carrier www.navitus.com Mail Order Prescription Carrier NoviXus wv.tw.novixus.com Participating/Network Pharmacies Non-Particip atingiNon-Networltrbarmaci es *Covered! Copays: Tier 1: $5 Most Generics/Spine Brands; Tier 2: $20 Preferred . Brands/Some Generics; Tier 3: $40 him-Preferred products (could include both brand and generic) Select Birth Control pills covered $0 repay. Paid at the in-network cost, less $5, $20 or $40 repay. *Covered / Copays: Tier 1: $5 Most Generics/Some Brands; Tier 2: $20 ?referred Brands/Some Generics; Tier 3: $40 Non-Preferred products {could include both brand and generic) Select Birth Control pills covered $0 copay. Paid at the in-network cost, less $5, $20 or $40 copay. *Covered / Copays: *Covered / Copays: Tier 1: $5 Most Generics/Some Tier 1: $5 Most Generic; Brands; Tier 2: $20 Select Brand Tier 2: $20 Preferred name; Brands/Some ome Generics; Tier 3: 540 Non-Preferred. Tier 5: $40 Non-Preferred Select Birth Control pills products (could include both covered $0 ccpay. brand and generic products) Select Birth Control pills covered $0 copay. Paid at the in-network cost, less Not Covered. $5, $20 crr S4D coney. *Covered / Cop ays: Tier 1: $5 Most Generics/Some Brands; Tier 2: $20 Preferred Brands/Some Generics; Tier 3: $40 Non-Preferred products (could include brand and generic) Select Birth Control pills covered $0 repay. Paid at the in•network cost, less $5, $20 or $40 coney. 36 Medical Plan Options Comparison . .. BENEFITS AVAILABLE TO ALL AVAILABLE TO ALL AVAILABLE TO ALL AVAILABLE TO ALL ONLY AVAILABLE TO EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES PPO1 A_SIL Health Benefits www.asrhealthbenefits.com PPO2 Blue Cross/Blue Shield PPO Community Blare Plan www.BOBSM.com PPO3 ASH Health Benefits wwvv.asrhealththenefits.com BELVIO Health Alliance Plan (RAY) avvriv.IIA.P.org CURRENTLY ENROLLED TRADITIONAL 331-sie Cross/Blue Shield Traditional Plan (BC/BS) www.BCBSIYI.corn Maintenance Drugs Maintenance thugs taken on a long-term basis can be. filled as a three month supply for a one month cop ay through either the Mail Order Drug canrier or at a retail pharmacy Maintenance drugs taken on a long-term basis can be flied as a three month supply for a one month =pay through either the Mail Order Drug canier or at a retail pharmacy. Maintenance drags taken on a long-terra basis can be filed as a three month supply for a one month copay through either the Mail Order Drug can-let- or at a retail pharmacy. Maintenance drugs taken on a long-term basis — a 35 day supply or 100 doses, whichever is mate; can be obtained for a one month copay at your local pharmacy. A 90 day supply of maintenance drugs may be obtained through mail order. Maintenance drugs taken on a long-turn basis can be filled as a. three month supply for a one month cop ay through either the Mail Order Drug carrier or at a retail pharmacy, Note: Mile in she hospital, drugs are covered under your medico/plan, If you request a prescription be flied with a branciname drug and there is a generic equivalent available, you will be responsible for the Tier 3 copay phis the differential between the cost of the brand and the generic drag. If your doctor makes the request, you will be responsible for the Tier 3 copay. If you request a prescripiion be flied with a brand name drug and there is a generic equivalent available, you will be responsible for the Tier 3 copay plus the differential between the cost of the brand and the generic drug. If your doctor makes the request, you will ha responsible for the Tier 3 copay. *If you request a prescription be filled with a brand name drug and there is a generic equivalent available, you will be responsible for the Tier 3 copay plus the differential between the cost of the brand and the generic drug. If your doctor makes the request, you will he responsible for the Tier 3 ccpay. *If you request a prescription be illIed with a.brand name drug and there is a generic available, you will be responsible for the fall cost differential between the cost of the brand and the copay of the generic drug. If your doctor makes the request, you will be responsible for ' the Tier 3 copayment If you request a prescription be ailed with a brand name thug and there is a generic equivalent available, you will he responsible for-the Tier 3 repay plus the differential between the cost of the brand and the generic drug. If your doctor makes the request, you will be responsible for the Tier 3 cot ay, 37 APPENDIX D Attached hereto is: 1) Oakland County Sheriffs Drug Testing Policy 2) Memorandum of Understanding- Compensatory Time 38 SHERIFF'S OFFICE DRUG TESTING POLICY This Drug Testing Policy is established in order to promote and maintain a safe working environment for all employees and the public. This Policy is also being implemented to reduce accidents and casualties, promote efficiency and morale, and to ensure that Command Officers do not engage in illegal use of controlled substances, which will, inter alia, undermine confidence in law enforcement, For purposes of the Policy "controlled substances" means mnrijuana, cocaine, amphetamines, phencyclidine (PCP), opiates and any other intoxicating substances the possession or use of which (without a proper prescription) is illegal under federal (which includes medical marijuana) or Michigan law. I. Drug Use Prohibitions No Employee shall: A. Possess, be under the influence of, Of use, any controlled substance, while on duty, in a County vehicle, or on County premises, unless the employee has a proper prescription and the controlled substance does not affect the employee's ability to perform his or her job duties. B. Use, possess (except for a physician prescribed medication for the officer), sell, offer to sell or buy, distribute controlled substances or facilitate such activities on duty or off duty. C. Refuse to sign a consent Of release form authorizing the collection of a specimen for analysis, and the release of the results to the County. D. Refuse to cooperate with the collection site personnel, County personnel, or in any way to refuse to provide a specimen when required. E, Violate any of the Department's Rules and Regulations regarding controlled substances (drugs), IL Reasons for Drug Testing: A. This Drug Testing Policy includes testing in the following situations: 1. Transfer: Testing an employee who is transferred to a job of a sensitive nature (e.g., Narcotic Enforcement Unit and other jobs designated by the Review Committee). 39 2. Return to Work: Testing an employee who has been off work for over six months, 3. Random: Random testing of all employees in the bargaining unit as determined by computer lottery selection or other such method, 4, Based Upon Reasonable Suspicion: Testing when the Employer has reasonable suspicion to believe that an employee is under the influence of, using, selling, dispensing or has possession of a controlled substance. 5, Follow-up: Testing as part of counseling or rehabilitation. 6, The drug tests set forth in numbers 1, 2, 3, and 4 will be scheduled while the employee is at work. Midnight shift employees may be required to remain on duty until the clinic opens, but will be paid overtime: B. Orders for testing will come from the Sheriff or the Sheriff's designee, C. An employee who refuses to submit to a drug test in accordance with this Policy shall be permanently removed from County service except for good cause that is based on reasonable objective criteria. Ill. Procedures for Obtaining the Sample Specimen: Procedures shall provide for individual privacy, while safeguarding the program against submissions of altered or substitute specimens. A. Completion of Testing Form: 1, The employee may be asked by the collection facility to furnish information in writing to insure the integrity of the specimen collected, including information verifying the identity of the employee and, if possible, identifying any prescription or nonprescription medication recently ingested by the employee. 2. A copy or photocopy of the Laboratory Testing Form shall be given to the employee upon completion of the specimen collection procedure. B. Collection of the Sample/Specimen: 1. Clean and previously unused collection and storage containers of the type utilized by medical facilities for bodily fluids will be supplied by the testing laboratory for urine collection. The employee may reject any container he or she reasonably believes has been contaminated, 2. Privacy Area: Urine collection shall be conducted at the collection facility in a Mall= which provides a high degree of security for the specimen and freedom from adulteration. The employee shall be witnessed, by a person of the same gender, while providing a specimen. The employee may be instructed to wash and dry his or her hands prior to submitting the required specimen. The volume of the 40 specimen must be at least 30 milliliters for the screening test and confirmation test. The employee may be given a reasonable amount of liquid (e.g., a glass of water) to assist in producing an adequate specimen. Site personnel shall determine if the specimen contains at least 30 milliliters of urine. Results from samples less than 30 milliliter will still be tested. 3, A second test may be requested only if the first specimen is suspect because of adulteration or not a genuine sample. The employee will not be unreasonably delayed. IV. Laboratory Testing Procedure Regarding Specimens: A. Laboratories must comply with applicable provisions of any Federal and State licensing requirements. Accredited laboratories must have the facilities and capability of performing screening and confirmation tests for each drug or metabolite for which service is offered and requested. The OCDSA will be given proof of accreditation. B. The testing laboratory shall maintain a chain of custody record of any individual handling or testing an employee's specimen, C. Lab Test: 1) The initial screening test will be a "10 panel" test of the RIA or EMIT type. If a positive result is obtained, a confirmation -test will then be conducted. 2) A confirmation or follow-up test for controlled substances will be of the Gas Chromatography/Mass Spectrometry method. The laboratory shall be required to specify the metabolites tested for, the cut-off levels and the testing procedure used in each drug classification. 3) In determining whether a test result is positive, the laboratory shall use the following cut-off levels: 41 Initial test analyte Initial test cutoff Confirmatory test analyte Confirmatory test cutoff Marijuana metabolites 50 ng/mL -MCA 15 ng/ml Cocaine metabolites 150 ng/mL Benzeylecgonine 100 rig/m1 Opiate metabolites Codeine/Morphine 300 ng/mL Codeine Morphine 300 ng/ml. 300 no/ml 6-Acetylmorphine 10 ng/mL 5-Acetylmorphine 10 ng/ml Phencyclidine 25 ng/mL Phencyclidine 25 rig/ml. Amphetamines AMP/MAMP 500 ng/mL Amphetamine MethamphetamineA 250 ng/ml 250 rig/m1 MDMA 500 rig/mL MDMA MDA MDEA 250 rig/ml 250 rig/ml 250 rig/nil The Union will be notified of any proposed changes in cut-off levels and the parties will meet and confer in accordance with the provisions of Section VI (Review Committee). The County may, if reasonable under the circumstances and with notice to the Union after any such test, test samples for other intoxicating substances not listed above or included in the standard 10 panel test, The OCDSA will be given notice of the intoxicating substance and upon request will be given an opportunity to meet and confer with the County and the Sheriff's Office regarding the proposed changes concerning test cutoff levels. In any such case, the cut off level for a positive test shall be the generally accepted level for a positive test for such substance. 4. After completion of all testing: a) A written report from the laboratory which is signed and dated, must be submitted to the collection site within 10 days of the test. Upon request, the report shall be made available to the employee after its receipt by the Employer: b) Negative specimens will be discarded. The chain of custody record, and all other reports pertaining to the test will be kept by the testing laboratory for one (1) year. 42 c) If the test is positive, the employee may request, and shall be furnished, the information available regarding: 1. The type of tests conducted; 2. The results of the test; and 3. The cut-off level and the methodology employed. The employee may either request that the remainder of the specimen be retested by the testing laboratory or that the remainder of the sample be sent to another accredited independent testing facility (following the same chain of custody and cut-off levels outlined in this policy) for retesting. If the subsequent test is positive, the cost shall be borne by the requesting employee. If, however, the subsequent test is negative, the County shall bear the cost of the second, independent test. If the subsequent test is positive, the remaining preserved specimen will be frozen and properly secured in a long term locked storage area for a period of two (2) years, If the subsequent test is negative the specimen will be discarded, except if the specimen is retained to test/examine it for adulteration, tampering or related issues. The chain of custody record, and all other reports pertaining to the subsequent test, will be kept by the testing laboratory for two (2) year. The chain of custody records will upon request be provided to employees testing positive. V. Choice of Collection Facility and Testing Laboratory: In the event the Employer wishes to change the current collection facility or testing laboratory, the procedures utilized by any subsequent collection facility or testing laboratory shall be as specified elsewhere in this Agreement. Any such facility or laboratory shall be licensed by the State or Federal Government, The Union will be informed and shall be given the opportunity to inspect any new facility or laboratory. VI. Review Committee: A Review Committee including the President of COA or designee, a designated representative of the Human Resources Department, and the Sheriffs Office shall be formed. This Committee shall meet periodically to review only issues that may arise under this Policy and to make recommendations to the COA, the County, and the Sheriff's Office. VU. Consequences of Violating the Sheriff's Office Drug Testing Policy: Disciplinary action will be initiated against any employee found to be in violation of this Policy. Employees shall be placed on leave with pay pending completion of the positive drug test confirmation procedures. 43 VIII. Confidentiality: All records pertaining to the initiation and administration of tests under this Policy shall be held strictly confidential by the Human Resources Department and the Sheriff's Office. Only those County employees who have a need to know shall have access to any records or reports. All others must have the written permission of the employee, The Sheriff's Office or Human Resources shall maintain a copy of the employee's permission slip. Copies shall be made available to the employee. TX. Grievance Procedure: Any disputes concerning the interpretation or application of this Policy shall be subject to the grievance procedure except that the Arbitrator shall be without jurisdiction to modify the penalty. Grievances shall be initiated at step three of the grievance procedure, X. Last Chance Agreement Limited to Prescription Medication Only An employee whose drug test has been confirmed positive by a Medical Review Officer during random, reasonable suspicion or other drug testing protocols (see Article II hereof), may request a Last Chance Agreement under the following conditions: A. The employee tested positive for a controlled substance for which the employee previously had a valid prescription within the prior two years (measured from the date of the drug test) prescribed for the employee by his/het physician. B. The employee did not test positive for any other controlled substance, C. The employee has not previously been subject to a Last Chance Agreement. D. The employee applies for the Last Chance Agreement within fourteen (14) days of notice of the positive drug test. E. The employee signs HIPAA release form(s) and any other release form(s) as requested by the County or OCS 0 to verify that the employee had a prior valid prescription from the employee's physician for the medication (controlled substance) and to enable the OCSO and the County to monitor the employee's progress during the rehabilitation program and substance abuse program. F. The standard Last Chance Agreement must be signed by the employee, the OCSO, the County and the Oakland County Command Officers Association, G, The employee must participate in and successfully complete an authorized drug rehabilitation program selected by the OCS 0 or County to enable the employee to return to work in a position selected by the OCSO. The employee shall have up to 45 days to successfully complete this program. 44 H. The employee shall apply for Short Tenn Disability (STD) and shall use annual leave time (the employee may reserve 40 hours of Annual Leave), personal leave time, leave without pay and compensatory time for the first 5 days of the medical leave, The employee shall utilize his/her FMLA leave time. I. After completion of the drug rehabilitation program, the employee must pass a medical examination administered by a medical facility designated by the OCS 0 prior to being allowed to return to duty, The examination shall only screen for drug use and the physical impact of the prior drug usage. J, Once the employee has completed the rehabilitation program and medical examination and is authorized to return to duty, the employee: • Shall submit to random drug screens (urinalysis, hair or other means of testing), as determined by the OCSO for a three year period at employee's cost, • Participate in and follow all directives of a substance abuse program selected by the OCSO or the County for up to a three year period. K. The employee shall be subject to the terms of this Last Chance Agreement and this Article for three (3) years alter his/her return to work, L. The employee must agree in writing that the shall employee be terminated if at any time during the three year program period the employee violates: any portion of the Last Chance Agreement; the OCSO's Drug Testing Policy; Department Rules and Regulations and the Department's General Orders regarding illegal drugs (use, sale, possession, distribution, etc.). The employee may utilize the grievance arbitration procedure only for the purpose of grieving whether a violation(s) occurred, and not for the penalty imposed. The arbitrator shall have no jurisdiction to modify the penalty. 45 LAST CHANCE AGREEMENT CONCERNING PRESCRIPTION MEDICATION Re: Whereas, the above referenced Command Officer (hereinafter "employee") has violated the OCSO's Drug Testing Policy, and Whereas, employee has tested positive for a controlled substance(s) which was previously prescribed for the employee by his/her physician and; Whereas, the 0 CS 0 will conditionally reinstate employee to a position selected by the OCSO provided the employee is found by medical examination and drag test to be capable ofperfonning all the duties of the classification and subject to the following terms and conditions being met and maintained; Now, therefore, it is agreed that: 1. The employee shall successfully complete a drug rehabilitation program as prescribed by an authorized rehabilitation source designated by the OCS 0 or the County. 2. The employee shall use annual leave time (the employee may reserve 40 hours of annual leave time), personal leave time, and compensatory time and shall utilize FNMA leave, while the employee is participating in the drug rehabilitation program. The employee shall not receive any other pay from the County during this time period. The employee's seniority will continue while he/she is participating in the drug rehabilitation program, 3. After completion of the drug rehabilitation program, the employee must pass a medical examination and drug test administered by a medical facility designated by the OCSO or the County prior to being allowed to return to duty. The examination shall only screen for drug use and the physical impact of the prior drug usage, 4. Upon clearance by the medical facility, the employee shall be returned to the OCSO in a position selected by the OCSO. 5. Once returned to duty, the employee will participate in a substance abuse program selected by the OCS 0 or County and will follow any and all directives given him in the substance abuse program for a period of three (3) years from the date he returns to work at the OCSO. Employee shall also submit to random drag testing at the discretion of the OCSO while he is subject to this last chance agreement. 46 6. The employee shall sign a HEPAA waiver/release form(s) and any other release forms requested by the OCSO and/or the County so that the OC SO and the County can monitor the employee's participation and progress in the drug rehabilitation program and the substance abuse program. 7. The employee hereby agrees that the employee shall be terminated if at any time during the three year program period the employee violates: any portion of the Last Chance Agreement; the OCSO's Drug Testing Policy; Department Rules and Regulations and the Department's General Orders regarding illegal drugs (use, sale, possession, distribution, etc.). The employee may utilize the grievance arbitration procedure only for the purpose of grieving whether a violation(s) occurred, and not for the penalty imposed. If it is determined in the grievance procedure, including an arbitration, that the employee, in fact, committed that violation, then the discharge penalty will remain in effect, and an arbitrator shall have no authority or jurisdiction to reinstate the employee, to award the employee any back pay or any back benefits, or to otherwise modify or reduce the discharge penalty in any manner. 8. The Association and the employee hereby withdraw with prejudice to refiling any grievance filed by or on behalf of employee and hereby release and discharge the OCSO and the County from any and all claims relating to any grievance he/she has filed or could have filed on or before the effective date of this Last Chance Agreement. 9. By entering this Last Chance Agreement, the County and the OCSO do not admit any liability, any wrongdoing, or any violation of the collective bargaining agreement. This Last Chance Agreement is being entered by the County, the OCSO, the Association, and the employee on a non-precedential basis. The non-precedential settlement and the terms of this Last Chance Agreement will not be evidence of a past practice and cannot be used in any manner in any future circumstance of any grievance involving any other employee, any other discipline, suspension, or discharge of any other employee, any other last chance agreement, or the enforcement of any other last chance agreement 10. The terms and conditions set forth in Article X of the Drug Testing Policy are incorporated herein. 11. This Last Chance Agreement will remain in full force and effect for three (3) years from the date the employee returns to work under Paragraph 4 hereof. 12. This Last Chance Agreement constitutes the entire agreement between the parties on the subject matter of this Last Chance Agreement, and there are no other agreements modifying the terms of this Last Chance Agreement. The provisions of this Last Chance Agreement can only be modified by a writing executed by the parties expressly stating that a modification is intended, 47 13, This Last Chance Agreement is. freely and voluntarily entered into by all parties without any duress or coercion. Dated this day of , 20_. COMMAND OFFICER COMMAND OFFICERS ASSOCIATION OCSO OAKLAND COUNTY 48 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into on the day of , 2016 by and between the Command Officers Association of Michigan ("COAM") and the County of Oakland and the Oakland County Sheriff's Office (hereafter collectively the "County"). This Memorandum of Understanding is to set forth our understanding regarding the Compensatory Time Program for Sergeants and Lieutenants. Under the Program, any Sergeant or Lieutenant in of the Command bargaining unit (BU-15) who works hours at his/her regularly assigned location for which overtime compensation would otherwise be due may elect to have any number of those overtimes hours placed in a Compensatory Time bank (calculated at time and one half) subject to the following: 1. The accumulation in the Compensatory Time bank may not exceed forty-eight (48) hours. 2. Use of Compensatory Time shall be in accordance with the Sheriff's Office Annual Leave policy. It is understood, for example, that the use of Compensatory Time will be denied where it is known that overtime will result. 3. A member's use of Compensatory Time shall be increments of whole hours and also may be used, with-pre-approval, for short periods ofleave such as leaving early from or coming in late for a shift, provided that a work unit shall not be understaffed in the opinion of the Captain or Major for the time period in question. 4. In the event that a member goes on short term disability or worker's compensation, the hours in the members Compensatory Time bank may be used as supplemental compensation. 5. Where a Sergeant or Lieutenant has a balance in his/her Compensatory Time Bank as of the last pay period of the calendar year, the hours shall be liquidated and paid to the employee in the first full pay period of the new calendar year, 6. Overtime hours worked on a mini contract (i.e. Pine Knob, Meadowbrook, Renaissance Festival) shall not be eligible for inclusion in an employee's Compensatory Time bank. 7. To be eligible for inclusion in an employee's Compensatory Time bank the hours must be worked at the Sergeant's or Lieutenant's regularly assigned location._ Any Grant funded overtime will be decided on a ease by case basis. B. Compensatory Time hours must be used at the location where they were earned and while holding the. same classification in which they were earned. If the Compensatory Time cannot be used at the location where the Compensatory Time was earned before the Sergeant or Lieutenant is transferred (via location preference or Sheriff's decision), leaves the location for any other reason, Or is promoted, then the Compensatory Time in the Sergeant's or Lieutenant's Compensatory Time bank will be paid to the Sergeant or Lieutenant within three (3) payroll periods from the date of actual transfer or departure front the location or promotion. Provided, however, that any Sergeant or Lieutenant who 49 is transferred involuntarily as a result of a 90 day administrative transfer or the Sheriffs realignment of manpower, shall bring and be permitted to use their Compensatory Time bank at their new/different duty station/assignment. Command Officers Association of Michigan Sheriff Michael Bouchard Date Date Jordie _Kramer Date Director-Human Resources 50 FISCAL NOTE (MISC . #16333) December 8, 2016 BY: Finance Committee, Thomas Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - FISCAL YEAR 2017— FISCAL YEAR 2018 COLLECTIVE BARGAINING AGREEMENT FOR EMPLOYEES REPRESENTED BY THE COMMAND OFFICERS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The County of Oakland and the Oakland County Sheriff's Office, and the Command Officers Association (COA), covering approximately 115 Sheriff's Office employees have negotiated a two year Collective Bargaining Agreement for the period of October 1, 2016 through September 30, 2018. 2, This agreement includes a 2% wage increase for members of this bargaining group, or a "Me Too" with the general, non-represented employees if a greater increase is approved; effective October 1, 2016 3. The agreement provides for an increased Deferred Compensation Match from $300 to $1,000 for members of this bargaining unit participating in the County's 457 Deferred Compensation program, estimated to cost $57,500, effective January 1, 2017. 4. With this agreement an increase to the employer contribution to the Health Savings Account from $75 per pay to $125 per pay was agreed to. 5. The Captain position classification of this bargaining unit is eligible to receive increased week-end duty pay from $700 to $800 as stipulated in this agreement. 6. Also, this agreement provides that employees represented by this bargaining unit will not be subject to any healthcare benefit modifications during calendar years 2017 and 2018 for all eligible employees 7. A budget amendment is required to amend the Fringe Benefit Fund for the County's 457 Deferred Compensation program. FRINGE BENEFIT FUND #67800 Revenue 9011501-183190-665882 Planned Use of Balance Total Revenue FY 2017- FY2019 $ 57,500 $ 57,500 Expense 9011501-183190-730499 Deferred Comp-County Payment($ 57,500) Total Expense $ 57,500 FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Crawford and Quarles absent. Resolution #16333 December 8, 2016 Moved by Hoffman supported by Woodward the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gershenson, Gosselin, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Scott, Spisz, Weipert, Zack, Bowman, Crawford. (19) NAYS: None, (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). GERALD D. POISSO1Ni CHIEF DEPUTY COUNT' EXECUTIVE ACTING PURSUANT 77: STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 8, 2016, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 8th day of December, 2016. Lisa Brown, Oakland County ,>fi(e/t9