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HomeMy WebLinkAboutResolutions - 2018.11.14 - 23871MISCELLANEOUS RESOLUTION #18382 November 14, 2018 BY: Human Resources Committee, Robert Hoffman, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT — FISCAL YEARS 2019, 2020 AND 2021 COLLECTIVE BARGAINING AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY DEPUTY SHERIFF'S ASSOCIATION, (OCDSA), REPRESENTING CORRECTIONS AND COURT SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland, the Oakland County Sheriffs Office and the Oakland County Deputy Sheriff's Association (OCDSA), have negotiated a Collective Bargaining Agreement covering approximately 350 Corrections and Court Services employees; and WHEREAS a three year Collective Bargaining Agreement has been reached for the period October 1, 2018 through September 30, 2021; and WHEREAS the parties have agreed to a 2% wage increase for Fiscal Year 2019 or "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 2020 or "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 2021 or "Me Too" with the general, non-represented employees if a greater increase were approved; and WHEREAS this agreement provides that any employee benefit modifications including healthcare and/or retirement benefit modifications implemented on a countywide basis to general, non-represented employees that take effect during calendar years 2019, 2020 and 2021 shall be applied to employees represented by this bargaining unit at the same time and in the same manner; any health care changes to take effect after September 30, 2018 shall be negotiated between the parties; and WHEREAS the parties have agreed to an increase in the High Option Dental from $1250 to $1500 effective January 1, 2019; employee contribution shall remain the same per pay period: Single: $1.15, 2 Person: $1.73 and Family: $5.00; and WHEREAS the parties have agreed to an increase in the Deferred Compensation 457 Employer match from $1000 to $1500 effective January 1 ,2019; for calendar year 2019; and WHEREAS the parties have agreed to an increase in the Deferred Compensation 457 Employer match from $1500 to $2000 effective January 1 2020; for calendar year 2020; and WHEREAS the parties have agreed to an increase in the Deferred Compensation 457 Employer match from $2000 to $2500 effective January 1 2021; for calendar year 2021; and WHEREAS the parties have agreed to an increase to an employee's Retirement Health Savings Plan from $75 to $100 per pay period ($2600 annually) effective 2019; and WHEREAS the parties have agreed to an increase to an employee's Retirement Health Savings Plan to $115 per pay period ($2990 annually) effective January 1, 2020; and WHEREAS the parties have agreed to an increase in an employee's Retirement Health Savings Plan to $125 per pay period ($3250 annually) effective January 1, 2021; and WHEREAS the parties have agreed to an increase in the Physical Fitness Incentive Program from $100 per year to $125 per year effective January 1, 2019 for each deputy that qualifies for payment, by meeting the physical fitness standards set by the Oakland County Sheriff's Office by December 31st each year. A deputy meeting the physical fitness standards by December 31st of each year, will be eligible for payment in January; and WHEREAS the parties have agreed to an update in the contractual language in Article IX Promotions and filling of Vacancies, add C. All members who have taken any promotional examination shall be given the opportunity to review the results of their written test score, the oral board score and the accuracy of the overall score. This opportunity shall be made available once the test is completed and the promotion list is compiled. Specific test questions and answers shall not be made available, and oral interview notes, questions and answers shall not be made available, and add D. Once all promotional examinations are complete and the promotional list is compiled, the promotional list shall be provided to the President of the OCDSA; and HUMAN RESOURCES COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Bowman absent. Motion for direct referral to Finance carried on a voice vote. WHEREAS the parties have agreed to an update in the contractual language in Article XIII Scheduling Leave and Shift Day Exchange, A. Except in exigent circumstances not reasonably expected to exceed 30 days, a minimum number of the bargaining unity employees at a job location shall be permitted to take annual leave, BU-09 leave, and/or personal leave at the same time. The minimum number shall be as follows: Shifts with 1 to 12 employees: one (1), Shifts with 13 to 22 employees assigned: two (2), Shifts with 23 to 32 employees assigned: three (3), Shifts with 33 to 42 employees assigned: four (4), Shifts with 43 to 52 employees assigned: five (5), Shifts with 53 to 62 employees assigned: six (6), Shifts with 63 to 72 employees assigned: seven (7), Shifts with 73 to 82 employees assigned: eight (8), Shifts with 83 to 92 employees assigned: nine (9), Shifts with 93 to 102 employees assigned: ten (10), and D. Once granted, leave time may not be canceled by the Employer except during times of riot, natural disasters, and exigent circumstances. With respect to scheduled leave, the employee may cancel all or part of this/her granted leave not later than ten (10) days prior to the actual date(s). After the ten (10) day period the Employer may authorize the cancellation upon a showing of good cause by the employee. The ability to cancel within the ten (10) day period shall not be unreasonably withheld by the Employer; and WHEREAS the parties have agreed to an update in the contractual language in Article XVII Shift Preference, add B. For the purposes of Shift Preference, all open and/or vacant positions shall be posted by classification at all pertinent work locations and provided to the Union for administration of the selection not less than five (5) weeks prior to the effective date of the selection, together with classification seniority lists. The selection shall be administered by the Union, by seniority, pursuant to the protocol established by the Union and the Sheriff and shall be completed two (2) weeks prior to the effective date of the selection. No more than two designated Union officials shall administer the selection without loss of time or pay. Except under exigent circumstances, if the Employer fails to provide open positions for any work locations, the Union shall administer the bump with the numbers that are in existence at the time. This shall not preclude a mutual agreement to waive the five (5) week requirements set forth above; and WHEREAS the parties have agreed to an update in the contractual language in Article XIX Overtime — An employee who wishes to work overtime shall sign up in KRONOS. Nine (9) months after the execution of this Agreement the parties will meet to review the operation of this Article and to bargain over any modifications necessary to ensure the proper operation of this Article and the efficient and equitable distribution of overtime under KRONOS. Notwithstanding anything set forth in Article XXVII Duration, if the parties are unable to reach agreement on modifications to this Article, either party may reopen this Article of this labor contract for negotiations by giving the other party sixty (60) days written notice; and WHEREAS 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 Oakland County Deputy Sheriff's Association Corrections and Court Services, covering the period of October 1, 2018 through September 30, 2021, 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. Commissioner Rokfert Hoff/4k District *2 Chairperson, Human Resources Committee BU 09 SUMMARY OF AGREEMENT BETWEEN THE COUNTY OF OAKLAND, AND THE OAKLAND COUNTY SHERIFF AND THE OAKLAND COUNTY DEPUTY SHERIFF'S ASSOCIATION CORRECTIONS AND COURT SERVICES SEPTEMBER 2018 DURATION: 3 years October 1, 2018— September 30, 2021 ECONOMIC: Contractual: • Wages: FY 2019 2% increase; Should a general wage increase 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 2020 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 2021 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. • Benefits Healthcare: 2019, 2020, 2021 Any benefit modifications implemented on a countywide basis to general, non-represented employees to take effect during calendar years 2019, 2020 and 2021 shall be applied to employees represented by this bargaining unit BU 09 at the same time and in the same manner. Any health care changes to take effect after September 30, 2018 shall be negotiated between the parties. Medical — Status Quo Dental — High Option Dental shall be increased from $1250 to $1500 effective January 1, 2019; employee contribution shall remain the same per pay period: Single: $1.15 2 Person: $1.73 Family: $5.00 • Deferred Compensation The County will increase the Employer match from $1000 to $1500 effective January 1,2019; for calendar year 2019. The County will increase the Employer match from $1500 to $2000 effective January 1, 2020; for calendar year 2020. The County will increase the Employer match from $2000 to $2500 effective January 1, 2021; for calendar year 2021. • Retiree Health Savings Account The County's contribution to an employee's Retirement Health Savings Plan shall be increased from $75 to $100 per pay period ($2600 annually) effective January 1, 2019. The County's contribution to an employee's Retirement Health Savings Plan shall be increased to $115 per pay period ($2990 annually) effective January 1, 2020. The County's contribution to an employee's Retirement Health Savings Plan shall be increased to $125 per pay period ($3250 annually) effective January 1,2021. BU 09 • Physical Fitness Incentive Program The County will increase the Physical Fitness Incentive from $100 to $125 effective January 1, 2019 for each deputy that qualifies for payment, by meeting the physical fitness standards set by the Oakland County Sheriff's Office by December 31st each year. A deputy meeting the physical fitness standards by December 31st of each year, will be eligible for payment in January. NON-ECONOMIC Contractual: Article IX - Promotions and filling of Vacancies — add: C. All members who have taken any promotional examination shall be given the opportunity to review the results of their written test score, the oral board score and the accuracy of the overall score. This opportunity shall be made available once the test is completed and the promotion list is compiled. Specific test questions and answers shall not be made available, and oral interview notes, questions and answers shall not be made available. D. Once all promotional examinations are complete and the promotional list is compiled, the promotional list shall be provided to the President of the OCDSA. Article XIII - Scheduling Leave and Shift Day Exchange A. Except in exigent circumstances not reasonably expected to exceed 30 days, a minimum number of the bargaining unit employees at a job location shall be permitted to take annual leave, BU-09 leave, and/or personal leave at the same time. The minimum number shall be as follows: Shifts with 1 to 12 employees assigned: one (I) Shifts with 13 to 22 employees assigned: two (2) Shifts with 23 to 32 employees assigned: three (3) BU 09 Shifts with 33 to 42 employees assigned: four (4) Shifts with 43 to 52 employees assigned: five (5) Shifts with 53 to 62 employees assigned: six (6) Shifts with 63 to 72 employees assigned: seven (7) Shifts with 73 to 82 employees assigned: eight (8) Shifts with 83 to 92 employees assigned: nine (9) Shifts with 93 to 102 employees assigned: ten (10) D. Once granted, leave time may not be canceled by the Employer except during times of riot, natural disasters, and exigent circumstances. With respect to scheduled leave, the employee may cancel all or part of his/her granted leave not later than ten (10) days prior to the actual date(s). After the ten (10) day period the Employer may authorize the cancellation upon a showing of good cause by the employee. The ability to cancel within the ten (10) day period shall not be unreasonably withheld by the Employer. Article XVII — Shift Preference — add B: B. For purposes of Shift Preference. all open and/or vacant positions shall be posted by classification at all pe1tinent work locations and provided to the Union for administration of the selection not less than five (5) weeks prior to the effective date of the selection, together with classification seniority lists. The selection shall be administered by the Union. by seniority, pursuant to the protocol established by the Union and the Sheriff and shall be completed two (2) weeks prior to the effective date of the selection. No more than two designated Union officials shall administer the selection without loss of time or pay. Except under exigent circumstances, if the Employer fails to provide open positions for any work locations, the Union shall administer the bump with the numbers that are in existence at the time. This shall not preclude a mutual agreement to waive the five (5) week requirements set forth above. Article XIX — Overtime Re-opener on OT provision nine (9) months after the execution of this Agreement. BU 09 B. An employee who wishes to work overtime shall sign up in KRONOS. An employee may modify his/her voluntary overtime availability in KRONOS at any time. C. Overtime at a work location shall be offered to Deputies at the location who have signed up in order of seniority and in accordance with their designated availability in KRONOS. To the extent practicable, voluntary overtime shall be equalized on a work schedule period basis for Deputies hired to work overtime within a work location, and for employees hired to work overtime outside of their current work location. Such opportunities shall be posted weekly for employee review. Work locations under these provisions shall be: 1. Main Jail 2. Jail Annex 3. East Annex 4. Court Services 5. Visitation 6. Forensic Lab 7. Any recognized work locations in Corrections and Court Services 8. Patrol Services 9. Investigative and Forensic Services 10. Communications D. Overtime at a work location to fill normally authorized and staffed positions shall be offered to deputies in the following order: 1. Deputies at their work location as outlined in C within Corrections Services/Main and Corrections Services/Satellite who have signed the voluntary overtime list in order of seniority and in accordance with their designated availability in KRONOS. 2. Employees not employed in the division where the overtime is available in order of seniority and in accordance with their designated availability in KRONOS such as, but not limited to, Patrol Services and Investigative and Forensic Services and employees willing to work overtime who have not designated their availability in KRONOS. 3. The Sheriff's Office shall request volunteers to work the available overtime via departmental radio in all divisions. Furthermore the Sheriff's Office will make all reasonable attempts to fill any needed positions before forcing an employee. This shall include but not limited to radio and email broadcasts. BU 09 4. When hiring overtime more than eight (8) hours in advance, overtime will be offered in order of seniority and the number of hires employees with the fewest hires first within the work location where the overtime is occurring, then to other locations within the division and then to patrol. 5. If overtime is being hired four (4) hours or more from the start of a shift, employees will have FORTY-FIVE (45) minutes to respond to an offer from KRONOS. Employees will not be penalized for rejecting the offer. Employees are encouraged to respond as quickly as possible. 6. If overtime is being hired within four (4) hours or less from the start of the shift employees who do not immediately respond to KRONOS shall be bypassed. 7. An employee who cancels his/her voluntary overtime must notify a Command Officer at least four ( 4) hours in advance of the start of the overtime. The Command Officer will cancel the employee in KRONOS and will hire the next employee available in KRONOS. An employee who cancels voluntary overtime more than once in a 28 day work cycle shall be charged for a hire. 8. Where the Sheriff's Office no longer needs all of the employees hired for overtime, employees will be cancelled in the following order: the employee with the most hires unless the employee is in the division where the overtime is to be worked. If two or more employees have an equal number of hires, the lowest seniority employee is cancelled first. E. If there are sufficient volunteers under the above provisions the Employer shall then order Deputies employed in the bargaining unit to work overtime to fill positions that are normally authorized and staffed on a full-time basis, by reverse seniority. List of forced overtime shall be maintained within each Division. The list shall be continuous by seniority and ordered overtime and will start over at each fall and spring bump. Forced overtime shall be equalized to the full extent practicable. All Force lists shall be accessible to employees. F. Deputies signed up for voluntary overtime and have their name come up for forced overtime on the same day and shift shall receive credit for the forced overtime provided they accept the hire. New hires shall be placed on the forced overtime list upon completion of training or as determined by management. Any Deputy BU 09 working two shifts within a twenty four (24) hour period and whose name comes up for a force shall be given credit for a force. The employee must notify the forcing Sergeant (Example: an employee assigned to the afternoon shift works overtime on the day shift and then works their regularly-scheduled afternoon shift. If his/her name is next up on the force list for the midnight shift, and he/she is called for a force, he/she must notify the forcing sergeant that he/she worked overtime on the day shift. The forcing Sergeant will then change the code in KRONOS that the employee worked the day to reflect the force credit). G. Should Deputy be passed over for overtime, he/she shall be given the option to work any available open overtime position within the next 30 days. Should the pass-over occur on a holiday, the Deputy shall be given the option to work an open position on a succeeding holiday or any regular work day. H. Employees shall be entitled to "view only" access to KRONOS for a minimum of seven (7) days forward and seven (7) days back. I. When a Deputy on any shift has an approved day off (FLT, PLV, BU-09, or VAC) for the following day, or the day following is a regular work week leave day, he/she will be deemed on leave as of the end of his/her shift and not subject to be forced to work overtime except in accordance with Section M. This provision shall not affect an employee who wishes to work overtime on a voluntary basis. This circumstance will allow this employee to receive credit for a force. J. Private contracts such as with DTE Energy Music Theater, Meadowbrook, and Renaissance Festival and other similar private contracts shall be handled by qualified personnel assigned to MCOLES licensed Deputies by voluntary sign-up by seniority in the following order: Patrol Services Deputies, then to Investigative and Forensic Services Deputies, then to MCOLES licensed Deputies in the Corrections and Court Services bargaining unit. Deputies wishing to be considered for these positions SHALL sign up in KRONOS. Only those mini-contracts where an employee has worked four (4) hours or more shall be counted as a "hire" for equalization purposes. OWI enforcement "CLICK IT OR TICKET" and traffic grants shall be considered a Traffic 416/Alcohol Enforcement location unit location. BU 09 K. Hospital watch overtime shall be filled by volunteers in the following order: Corrections, Satellites, Road Patrol and Forensic and Investigative Services. L. Any authorized Deputy who volunteers to work Dispatch in Kronos shall be hired in accordance with the process set forth previously. The hire shall be considered permanent after twenty four (24) hours from the start of the shift that the employee was hired for. Up to that point any Dispatch Specialist or Dispatch Specialist Shift Leader shall have the right to take the shift. Under no circumstances shall a Deputy be forced in Dispatch with the exception of exigent circumstances. M. Forced overtime shall be applied as equally as possible among all employees. Where a position requires a force the order in which force shall happen is as follows: 1. Employees not going into their weekend assigned to Corrections/Main Jail. 2. Employees assigned to ENEX not going into their weekend. 3. Employees assigned to Circuit Court not going into their weekend. 4. Return to number 1 for those employees on their "Friday". 5. Cross divisional (Road) for those employees not going on their weekend. 6. Cross divisional (Road) for those employees on their "Friday". 7. Return to number 1 where an employee has an approved vacation for the following day. 8. Cross divisional (Road) for those employees having an approved vacation for the following day. N. In order to receive force credit an employee must work a minimum of one hour (60 minutes) in the forced shift. 0. Once forced for a shift, the employee may find relief, trade, split or otherwise fill the shift in question so long as it is done with a qualified relief and the Command Officer is notified and approves. The opportunity for the employee to find relief and approval from the Command Officer shall NOT be unreasonably withheld. This provision DOES NOT relieve the Command Officer from attempting to find relief for the forced employee. Under NO circumstances shall more BU 09 than one (1) force credit or one (1) hire credit be given. The originally forced employee shall be the only recipient of these credits. Once the forced Deputy finds relief for his/her forced shift that relief shall not be utilized to relieve anyone other than that Deputy. P. Forcing the Circuit Court: 1. Deputies not going into their weekend assigned to the Circuit Court/District Court. 2. Deputies assigned to the ENEX not going into their weekend will be forced. 3. Deputies assigned to the Corrections/Main Jail not going into their weekend. 4. Once all these have been exhausted the order shall commence with number "4" under letter "M" above. Q. Overtime will be equalized on a 28-day cycle in line with the current shift change schedule. R. Nine (9) months after the execution of this Agreement the parties will meet to review the operation of this Article and to bargain over any modifications necessary to insure the proper operation of this Article and the efficient and equitable distribution of overtime under KRONOS. Notwithstanding anything set forth in Article XXVII Duration, if the parties are unable to reach agreement on modifications to this Article, either party may reopen this Article of this labor contract for negotiations by giving the other party sixty (60) days written notice. COLLECTIVE BARGAINING AGREEMENT BETWEEN THE COUNTY OF OAKLAND, THE SHERIFF'S OFFICE AND THE OAKLAND COUNTY DEPUTY SHERIFF'S ASSOCIATION Corrections and Court Services OCTOBER 1, 2018 TO SEPTEMBER 30, 2021 TABLE OF CONTENTS AGREEMENT ARTICLE I RECOGNITION ARTICLE II MANAGEMENT RESPONSIBILITY ARTICLE III DUES CHECK- OFF ARTICLE IV BASIS OF REPRESENTATION ARTICLE V GRIEVANCE PROCEDURE ARTICLE VI BULLETIN BOARD ARTICLE VII SENIORITY ARTICLE VIII LAYOFF, RECALL AND TRANSFERS ARTICLE IX PROMOTIONS AND FILLING OF VACANCIES ARTICLE X FALSE ARREST INSURANCE ARTICLE XI DEFENSE AND INDEMNIFICATION ARTICLE XII GENERAL CONDITIONS ARTICLE XIII SCHEDULING LEAVE AND SHIFT/LEAVE DAY EXCHANGE ARTICLE XIV BU -09 LEAVE ARTICLE XV HOLIDAYS AND HOLIDAY SCHEDULING ARTICLE XVI LOCATION PREFERENCE ARTICLE XVII SHIFT PREFERENCE ARTICLE XVIII SPECIAL ASSIGNMENTS ARTICLE XIX OVERTIME ARTICLE XX ADOPTION BY REFERENCE OR RELEVANT RESOLUTIONS AND PERSONNEL POLICIES ARTICLE XXI RETIREMENT BENEFITS (EMPLOYEES HIRED PRIOR TO 5/27/95) ARTICLE XXII RETIREMENT BENEFITS (EMPLOYEES HIRED ON OR AFTER 5/27/95) ARTICLE XXIII MAINTENANCE OF CONDITIONS ARTICLE XXIV ECONOMIC MATTERS ARTICLE XXV NO STRIKE LOCKOUT ARTICLE XXVI EMERGENCY MANAGER ARTICLE XXVII DURATION PAGE 1 PAGE 1 PAGE 1 PAGE 1 PAGE 2 PAGE 4 PAGE 6 PAGE 7 PAGE 8 PAGE 9 PAGE 11 PAGE 11 PAGE 13 PAGE 16 PAGE 17 PAGE 18 PAGE 20 PAGE 24 PAGE 25 PAGE 26 PAGE 30 PAGE 31 PAGE 34 PAGE 35 PAGE 35 PAGE 35 PAGE 36 PAGE 36 APPENDIX A WAGES FORENSIC LABORATORY SPECIALIST BONUS PREMIUM PAY DIVERS CALL - OUT PAY COURT APPEARANCE SALARY STEPS/MERIT INCREASES DEFERRED COMPENSATION MATCH MILEAGE CLOTHING AND EQUIPMENT PAGE 38 PAGE 39 PAGE 39 PAGE 40 PAGE 40 PAGE 40 PAGE 41 PAGE 41 PAGE 41 PHYSICAL FITNESS INCENTIVE PROGRAM PAGE 42 XI ON-CALL PAY FOR FORENSIC LABORATORY PAGE 44 XII CORRECTIONS TRAINING OFFICER PAY PAGE 44 APPENDIX B FRINGE BENEFITS HEALTH BENEFITS BEREAVEMENT LEAVE JURY DUTY PERSONAL LEAVE ANNUAL LEAVE BUY-BACK PROGRAM PARENTAL LEAVE APPENDIX C MERIT RULE #I7 (WORK CONNECTED INJURY OR ILLNESS) MERIT RULE #23 (ANNUAL LEAVE) AGREEMENT - SERGEANT'S PROMOTIONAL EXAM LETTER OF UNDERSTANDING CONCERINING CANINE PROGRAM MEMORANDUM OF UNDERSTANDING - CHECK OFF CANCELLATION MEMORANDUM OF UNDERSTANDING - PILOT PROGRAM FOR COMP TIME FOR FORENSIC LAB SPECIALISTS DRUG TESTING POLICY PAGE 45 PAGE 46 PAGE 48 PAGE 49 PAGE 49 PAGE 52 PAGE 53 PAGE 57 PAGE 59 PAGE 62 PAGE 64 PAGE 66 PAGE 67 PAGE 69 APPENDIX D MEDICAL OPTIONS COMPARISON PAGE 75 AGREEMENT This agreement is made and entered into this day of , 2018, A.D. by and between the County of Oakland and the Oakland County Sheriff, hereinafter referred to collectively as the "Employer," and the Oakland County Deputy Sheriff'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. I. RECOGNITION The Employer recognizes the Union as the exclusive representative of the employees of the Oakland County Sheriff's Office, 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 a collective bargaining representative, subject to and in accordance with the provisions of Act 336 of the Public Acts of 1947 as amended. All Corrections Deputy I and Corrections Deputy II, and Forensic Laboratory Specialists I and II, but excluding Deputy I (Patrol), Deputy II (Patrol), supervisors and all other employees. MANAGEMENT RESPONSIBILITY The right to hire, promote, discharge, or discipline for just cause, 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 Department operations 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. Al! authorizations delivered to the Employer prior to the first day of the month shall become effective during that succeeding month. Check-off monies will be deducted from the second paycheck of each month and shall be remitted together with an itemized statement to the Union Treasurer, within 14 days after the deductions have been made. B. Any employee shall cease to be subject to check-off deductions beginning with the month immediately following the month in which he/she is no longer a member of the bargaining unit. C. Any employee may voluntarily cancel or revoke the Authorization for Check-Off deduction upon written notice to the Employer and the Union. Such voluntary withdrawal from payroll deduction of Union dues may only occur during the period specified in the Authorization for Check-Off deduction form. D. 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 A. There shall be one steward and an alternate steward for each shift in the Main Jail, Annex, Court Services and Satellite locations. Stewards will be permitted to leave their work, after obtaining approval of their respective Sergeant/Lieutenant 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 Sergeant/Lieutenant upon returning from a grievance discussion. 2 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 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. B. There shall also be one Chief Steward and one alternate Chief Steward. C. There shall be a Grievance Committee consisting of the Chief Steward and two other members 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 the Grievance Committee meetings will be to adjust pending grievances and to discuss with the Employer other issues which would improve the relationship between parties. D. The Local Union President shall, at his/her option, be scheduled on the day shift, Monday through Friday. The Local Union President may conduct Union business at the Department, however, he/she shall not leave his/her work area without the permission of his/her supervisor, which permission will not be unreasonably withheld. In no event shall the Local Union President be paid overtime while conducting Union business. The privilege of the Local Union President to leave his/her 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 Union matters and will not be abused, and that he/she will continue to work at his/her assigned job at all times except when permitted to leave his/her work. E. Oakland County Deputy Sheriff's Association Executive Board members may be granted a leave of absence without pay to attend labor relations-related programs. The seven Executive Board members may collectively use for both OCDSA bargaining units (Law Enforcement and Corrections) a total of up to 80 hours of leave without pay. Leave without pay shall be taken in eight (8) hour increments. Reasonable advance notice shall be given and 3 such leave may not interfere with the personnel requirements of the Sheriff's Office. Seniority and all fringe benefits shall continue during such leave. No time will be deducted from any leave banks for said leave. The Oakland County Deputy Sheriff's Association Executive Board consists of seven members: President, 2 Vice Presidents, Treasurer, Secretary, Chief Steward, and Alternate Steward. At no time will more than two Board members be allowed off from a single division. Labor relations-related programs mean training seminars and other programs concerning collective bargaining and the grievance arbitration process. 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 his/her Command Officer, who has the authority to adjust the grievance, with or without his/her Union Representative within 45 calendar days of the occurrence or within 45 calendar days after the Union or the aggrieved becomes aware and/or should have been aware of the cause for the grievance. If the matter is not resolved, the grievance may be brought to the attention of the Undersheriff/designee who will attempt to resolve the grievance informally with the Union Steward. Suspensions of 10 days or less and all other disciplinary actions shall not be subject for the grievance procedure but shall be processed according to the procedures of the Personnel Appeal Board. Disciplinary actions greater than 10 day suspensions, including dismissals and demotions, shall be subject to the grievance procedure. Step 1 If the grievance is not settled informally, it shall be discussed with the Shift Steward and shall be reduced to writing, signed by the aggrieved employee(s) or his/her 4 Union Representative and submitted to the Undersheriff/designee within the aforementioned 45 calendar days. Step 2 The written grievance shall be discussed between the President/designee and the Undersheriff/designee. The Undersheriff/designee will attempt to adjust the matter and will give a written decision within five 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 comprised of the Sheriff's Office, County Labor Relations and Union Representatives. Any grievance not submitted to the next Grievance Committee meeting, by written notification to the Employer within five days of the Undersheriff/designee's written decision, shall be considered dropped. 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 15 days after the Union's receipt of the written response indicating the outcome of the Grievance Committee meeting. Receipt by the Union shall occur on the day the response is hand delivered or e-mai led to the Union office, three days shall be added from the date of mailing to the time period to demand arbitration. 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: I. GEORGE ROLTMELL 2. BEN WOLKINSON 3. MARK GLAZER 4. PAUL GLENDON 5. NORA LYNCH 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. 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 wage rate. The arbitrator shall be bound by the express provisions of this Agreement. Expenses of arbitration shall be borne equally by both parties. 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 the 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. VI. BULLETIN BOARD The Union shall provide the Employer with a bulletin board for each work location for the posting of Union notices bearing the written approval of the President of the Union, which shall be restricted to: A. Notices of Union recreational and social affairs; B. Notices of Union elections; C. Notices of Union appointments and results of Union elections; D. Notices of Union meetings; 6 E. Other notices of bona fide Union affairs which are not political or libelous in nature. The Employer shall designate a 2' x 3' space for said bulletin boards and authorize their installation. VII. SENIORITY A. Seniority is defined as service in OCDSA-represented Corrections and Court Services or Law Enforcement bargaining units. B. New employees may acquire seniority by working twelve continuous months, in which event the employee's seniority will date back to the date of hire into the bargaining unit. When the employee acquires seniority, his/her name shall be placed on the seniority list in the order of his/her seniority date. In the event two or more employees have the same seniority date, seniority ranking shall be determined by the last four digits of the social security numbers, lowest number being given highest seniority. (Seniority rankings established by the December 14, 1989, Agreement shall not be subject to this method of determining seniority). C. An up-to-date seniority list shall be furnished to the Union every six months. D. An employee shall lose his/her seniority for the following reasons: If the employee resigns or retires, except where the employee returns within one year, the employee shall have the unit seniority he/she possessed when he/she left the unit. If the employee returns within one year the employee's seniority date shall be adjusted to reflect the employee's period of absence from the bargaining unit but shall not reduce the amount of OCDSA seniority the employee possessed while absent from the OCDSA bargaining unit. 2. If the employee is discharged, and not reinstated; 3. If the employee is absent from work for three working days without notifying the Employer, unless good cause is established by the employee; 7 4. If the employee does not return to work for three working days without notifying the Employer, unless good cause is established by the employee; 5. If the employee does not return to work when recalled from a layoff. E. If an employee is transferred or promoted out of the OCDSA-represented Corrections and Court Services or Law Enforcement bargaining units and subsequently returns to either bargaining unit, the employee shall have the unit seniority he/she possessed when he/she left the unit. The employee's seniority date shall be adjusted to reflect the employee's period of absence from the bargaining unit but shall not reduce the amount of OCDSA seniority the employee possessed while absent from the OCDSA bargaining unit. F. As a condition of hire/promotion, all employees hired/promoted as a Deputy I, must complete any test selected by the Employer as a minimum criteria for becoming a police officer. vin. 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, with higher-classified bargaining unit personnel bumping lower-classified bargaining unit personnel, including between OCDSA-represented bargaining units, based on departmental seniority and on capability of performing available jobs and shall be recalled in the same order. B. Recall rights shall expire two years after the layoff or length of service whichever is less. Employees eligible for recall shall be notified of openings in their classification by certified mail sent to their last known address. A recalled employee must respond in writing (which requirement will be spelled out in the written notice of recall) within three working days of receipt of the notice indicating an intent to return to work within two weeks (14 calendar days) of receipt of notice. Failure to return within said two week period shall waive the employee's entitlement to recall. If the position to which the employee is being recalled has a maximum salary less than the maximum salary of the position in which he/she held 8 status when separated, the individual may refuse the position offered and remain on the recall list for time limits specified herein. However, if the individual accepts a position with a lower maximum salary than the position in which he/she held status when separated, his/her name shall be removed from the recall list. Employees recalled under this provision will not be required to be certified from an open competitive list, nor will they be required to serve a new twelve month probationary period. C. If and when an employee is permanently transferred to another division within the Dept ment, the Union President or Chief Steward shall be notified of said transfer by the Employer. IX. PROMOTIONS AND FILLING OF VACANCIES A. Corrections Deputy H vacancies will be filled by a promotional examination from Corrections Deputy I or Deputy I (Patrol). Sergeant vacancies will also be filled by a promotional examination open to all qualified OCDSA bargaining unit members. The Sheriff will make his selection from the three highest-ranking candidates who have passed the promotional examination. Deputies, when promoted, will be placed on the lowest step in the new classification which provides an increase over their current rate. B. Whenever the Department fills a Deputy vacancy in the Law Enforcement bargaining unit it shall be filled from qualified members of the OCDSA bargaining units provided, however, that if less than 75 members of the OCDSA bargaining units are placed on the eligible list for the Deputy vacancy in the Law Enforcement bargaining unit, then the Sheriff shall have the discretion to fill one of those vacancies from outside of the OCDSA bargaining units for every one vacancy filled from the OCDSA bargaining units. If more than 75 members of the OCDSA bargaining units are placed on the eligible list for the Deputy vacancy in the Law Enforcement Unit, then for every five vacancies filled, the Sheriff shall have the discretion to fill one of those vacancies from outside the OCD SA bargaining units. Provided further, that where the Sheriff's Office adds additional positions in the Law Enforcement 9 bargaining unit as a result of absorbing personnel from a law enforcement agency in the County, this paragraph shall not apply. The County agrees to open the DII Road Deputy test to all Dis that have successfully completed probation, regardless of MCOLES licensing, provided that the Deputy has successfully passed the written MCOLES test and is not disqualified under Article XII, B, 2 or 3. The County will certify a list of the top three (3) candidates from the promotional list to the Sheriff, who will select a candidate for promotion from the certified list. In order to be eligible to be placed on a certified list a Deputy must have a current MCOLES physical pretest on file. If there is not an MCOLES physical pretest on file, the Deputy must pass the MCOLES physical pretest and provide the Human Resources Department with the test results before he/she is eligible to be placed on a certified list. The Sheriff's Office agrees to place the Deputy selected by the Sheriff for promotion into the next available Police Academy. The Deputy will remain in their current classification (DI) until completion of the Academy. Upon completion of the Academy the Deputy will be promoted to Deputy II and will be placed into an FTO program and will serve a one year probationary period from the date of promotion. The Sheriff's Office agrees to continue to send Corrections DIIs to the academy/road by seniority at the Sheriff's discretion when a vacancy exists. The Sheriff's Office agrees to pay for the MCOLES physical pretest up to one time per year for those Deputies on the promotional list. It will be incumbent upon the Deputy to provide receipt of payment for the MCOLES pretest to the proper authority for reimbursement. C. All members who have taken any promotional examination shall be given the opportunity to review the results of their written test score, the oral board score and the accuracy of their overall score. This opportunity shall be made available once the test is completed and the promotion list is certified. Specific test questions and answers shall not be made available, and oral interview notes, questions and answers shall not be made available. 10 D. Once all promotional examinations are complete and the promotion list is certified the promotional list shall be provided to the President of the OCDSA. X. FALSE ARREST INSURANCE Employees covered by this Agreement shall be provided by the Employer with false arrest coverage. The County may purchase liability insurance to provide the above protection or may provide a self-insurance program. Xi. DEFENSE AND INDEMNIFICATION In accordance with Miscellaneous Resolution g85339, 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 action. The County may compromise, settle and pay the claim before or after the commencement of a civil action. Whenever a judgement 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 judgement. 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 11 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. It is understood that the bargaining unit member's obligation to provide immediate notice to Corporation Counsel of any criminal action requires the member to promptly provide notice as soon as is practicable, but in no event, not later than fourteen (14) calendar days after receiving notice of any criminal action. Provided that the employee is otherwise entitled to have the County pay for the services of an attorney pursuant to this Article, the parties agree to identify a panel of five (5) attorneys, from which a member may choose and who will provide legal representation. The County, through the Office of Corporation Counsel, shall select two (2) attorneys, the Association shall select two (2) attorneys and the fifth attorney shall be by mutual agreement. In the event of a vacancy in the panel it shall be filled by the party who appointed the attorney who left the panel. In order to be eligible for payment or reimbursement, the member must select an attorney from the panel. In order to be eligible for payment or reimbursement, the member must select an attorney from the panel. It is understood that the maximum payments from the County shall be pursuant to the following schedule: Misdemeanors - $5,000; Non-capital Felony - $15,000; and Capital Felony - $30,000. In the event an attorney provides services through an hourly rate, the attorney shall provide the County Department of Corporation Counsel with monthly billings that do not infringe on the attorney-client relationship. However, in no event shall the County be liable for attorney fees in excess of the amounts set forth above. Separate counts in a criminal complaint or indictment shall not be aggregated (e.g., a complaint/indictment count for a Non-capital Felony and another count for a Capital Felony will result in a maximum payment of $30,000; a complaint or indictment for three (3) separate Misdemeanors will result in a maximum payment of $5,000)_ Any attorney's fees in excess of the maximum amount shall be the sole responsibility of the bargaining unit member. 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 12 Appointed Officer 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. XIL GENERAL CONDITIONS A. Except as otherwise provided herein, the employees in the classification of Corrections Deputy I and Corrections Deputy II shall be entitled to attend the Police Academy, with the scheduling of their attendance at the sole discretion of the Sheriff. B. The Department will send in each calendar year a minimum of six Corrections Deputy l's and/or Corrections Deputy It's to an MCOLES certified Police Academy, provided however, that in the event the Sheriff, at his sole discretion, decides to send fewer than six in a calendar year not later than the next calendar year the Sheriff shall send additional Deputies to make up for the reduced number. 1. The Sheriff shall send Deputies to the Police Academy in order of seniority, most senior first from those who apply to attend the Academy. Application to attend the Academy shall be made to the Sheriffs Office at least 30 calendar days prior to the next Academy. 2. Corrections Deputies with a pending criminal charge or a criminal conviction that would disqualify them from MCOLES licensure under 1998 Public Act 237 (MCL 28.601 et seq.) 3. Corrections Deputies convicted or having pending charges under MCL 257.625 or a successor statute or other similar statute of this state or of another state concerning driving white under the influence of alcohol shall be ineligible to be sent to the Police Academy until one year following final resolution of the matter including completion of all sentencing provisions. 13 C. The provisions of the Agreement shall be applied equally and without favoritism to all employees in the bargaining unit. D. 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 years, but it shall be renewed or extended for a similar period any time upon the written request of the Union. E. When any position not listed on the wage schedule is filled or established, the County shall designate a job classification and rate structure is proper, the Union shall have the right to submit the issue as a grievance through the grievance procedure within a six month period. F. When an action is to be taken by a specific date, such action must be taken by 1600 hours (4 p.m.) on that date to be considered timely. G. Except in disciplinary matters or exigent circumstances, any shift transfer shall require at least a five day notice. H. The basic work week shall consist of 40 hours worked in five consecutive eight-hour workdays. Lunch periods shall consist of a one-half hour period, and shall be arranged to provide the least disruption of the department's service and not work a hardship on the employee. Lunch periods shall occur as close to the middle of the employee's shift as possible, except in extenuating circumstances. All unit employees shall be granted one 15-minute break before the lunch period and one 15-minute break after the lunch period. I. Unless the employee is receiving payment by direct deposit, monetary benefits shall be timely paid to unit employees (including but not limited to regular paychecks, short-term disability, long-term disability, fees and other reimbursements and other payments) and shall be mailed to the employee's home address on file with the Employer, provided, however, a workers' compensation recipient may be required to pick up his/her check at the County. 14 If the employee establishes that picking up his/her workers' compensation check imposes undue hardship on him/her, the County will mail the workers' compensation check to him/her. J. Any party to this Agreement by their principals or their designees may request a Special Conference in writing on any matter of immediate mutual interest or concern. The matter(s) subject to the conference, and the identity of the conferees representing the requesting party, shall be identified in the written request for the conference. Special Conferences shall be convened within ten calendar days of receipt of the request, shall be arranged at least 24 hours in advance, and shall be conducted at the County Human Resources offices, unless mutually agreed otherwise. Unless otherwise agreed, the Union may be represented by not more than three persons. Members of the Association shall not lose time or pay for time spent in such conferences, the responding party or parties shall submit a written position statement to the requesting party on the matters taken up in the Special Conference. K. Probation periods are recognized as "working test" periods used to supplement other evaluations to determine whether the employee .fully meets the qualifications of th_e class. Probation periods are required in all cases of new hires, re-hires, and promoted employees. I. The length of the probation period for all new employees hired into the BU-09 bargaining unit shall be one year. The length of the probation period for employees promoted into all classifications in the BU-09 bargaining unit shall be one (1) year. 2. In the base of new hires, the Union shall represent the employee during his/her probation period for the purpose of collective bargaining in respect to wages, hours, and terms and conditions of employment, and in instances where an employee is separated or suspended for Union activities or other protected concerted activity. 3. The Human Resources Department shall send a "Mid-Probationary Period Report" form to the Department Head. This form shall be completed, discussed with the employee and returned to the Human Resources Department within one month of the Mid-Probationary Report. The Human Resources Department shall send an "End of Probationary Period" notice to the Department Head one month before the end of the probationary period. The Department Head shall complete this form, discuss it with the employee, and return it to the Human Resources Department before the probationary period is over. 15 In the case of an unsatisfactory promoted employee who has unit seniority, the County may revert the employee to his/her former classification. In such instances, written reasons will be given. MIL SCHEDULING LEAVE AND SHIFT/LEAVE DAY EXCHANGE A. Except in exigent circumstances not reasonably expected to exceed 30 days, a minimum number of the bargaining unit employees at a job location shall be permitted to take annual leave, BU-09 leave, and/or personal leave at the same time. The minimum number shall be as follows: Shifts with 1 to 12 employees assigned: one (1) Shifts with 13 to 22 employees assigned: two (2) Shifts with 23 to 32 employees assigned: three (3) Shifts with 33 to 42 employees assigned: four (4) Shifts with 43 to 52 employees assigned: five (5) Shifts with 53 to 62 employees assigned: six (6) Shifts with 63 to 72 employees assigned: seven (7) Shifts with 73 to 82 employees assigned: eight (8) Shifts with 83 to 92 employees assigned: nine (9) Shifts with 93 to 102 employees assigned: ten (10) B. Employees submitting written requests for annual, BU-09 or personal leave by April 15 for the period May 1 through October 31 and by October 15 for the period November 1 through April 30 shall be given preference in order of seniority for scheduling the granting of annual, BU-09 and personal leave for the applicable periods. C. Annual, BU-09, and personal leave may also be requested any time, subject to availability under Sections A and B above and shall be granted on a first come, first served basis. The Employer shall maintain a bid roster for such leave indicating the order of when requests are received. When two or more requests are received at the same time, seniority shall prevail. 16 D. Once granted, leave time may not be canceled by the Employer except during times of riot, natural disasters, and exigent circumstances. With respect to scheduled leave the employee may cancel all or part of his/her granted leave not later than ten (10) days prior to the actual date(s). After the ten (10) day period the Employer may authorize the cancellation upon a showing of good cause by the employee. The ability to cancel within the ten (10) day period shall not be unreasonably withheld by the Employer. E. Shift and Leave Day Exchanges will be permitted under the following conditions. A request for shift/leave day exchange shall be submitted prior to the start of the shift being exchanged. Shift exchanges may be for all or any part of a shift, provided it is at the beginning or end of a shift. Trades shall be limited to Deputies whose classification are the same. There shall be no cross-divisional trades allowed except at management's discretion. As a minimum, one exchange per shift will be allowed. Any Deputy who fails to work their portion of a leave day exchange shall have that amount of hours deducted from their leave banks, and will be charged an "ill" day on their synopsis sheet. Further that Deputy shall be prohibited from participating in a shift/leave day exchange for a period of one year from the date of the infraction. XIV. BU —09 LEAVE Effective the first pay period following December I of each year, bargaining unit members shall receive five days of BU-09 leave. Employees hired after December 1 shall receive five days of BU-09 leave for each quarter annual period, or part thereof, between their date of hire and November 30 (e.g., an employee hired on May I would receive three days of holiday leave). Scheduling and use of BU-09 leave shall be subject to the following restrictions: A. BU-09 leave shall be used and scheduled in the same manner as annual leave; except that an employee may only use BU-09 leave when his/her annual leave accumulation is less than two- thirds of the maximum accumulation. 17 B. Employees may not accumulate BU-09 leave from one year to the next year. Employees shall be paid for any unused BU-09 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 BU-09 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 BU-09 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 BU-09 leave for that annual period). Should a separating employee have used more BU-09 leave at the time of separation or leaving the bargaining unit than they 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. December 1 — February 28 = 1st quarter March 1 — May 31 = 2nd quarter June 1 — August 31 = 3'1 quarter September 1 —November 30 = 4th quarter Employees separated from County service shall be paid at separation for their unused accumulation of BU-09 leave at the salary rate the employee is being paid on his or 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. XV. HOLIDAYS AND HOLIDAY SCHEDULING A. The provisions of the Oakland County Merit System in the Oakland County Employees Handbook concerning holidays, holiday pay, premium pay on holiday, and overtime on 18 holidays, shall not apply to members of the bargaining unit with respect to President's Day, Veteran's Day, and the day after Thanksgiving Day. B. Effective September 11, 2009, 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. The Employer shall treat the day after Thanksgiving as a holiday for purposes of scheduling, but not holiday pay. The Employer shall schedule the number of employees on the day after Thanksgiving as if it were a paid holiday and in conjunction with the rules set forth in this Article. Under no circumstances shall an employee be paid holiday pay for the day after Thanksgiving. Employees choosing to take the day after Thanksgiving off shall be charged leave time from one of their leave banks. Furthermore, fifteen (15) employees who are assigned to the Court Services Unit shall be afforded the opportunity to take the day after Thanksgiving off and additional employees in the discretion of the Sheriff's Office. C. At least 10 days prior to a holiday the Employer shall determine its staffing requirements and affected employees shall be notified at least 10 days prior to the holiday at each work location. Work locations under these provisions shall be: 1. Main 'Jail 2. Jail Annex 3. East Annex 4. Court Services 5. Visitation 6. Forensic Lab 7. Any other recognized work location in Corrections and Court Services Division 19 D. If staffing requirements for the holiday are less than normal staffing requirements, the Employer shall use the following criteria to fill the available positions: 1. The opportunity to perform the available work shall be offered by seniority to those employees who are normally scheduled to work the day of the holiday. The employee must accept the holiday work assignment, by volunteering prior to the 10 day notification. 2. Holiday assignments shall be made by work location, by classification with Corrections Deputy I positions filled by Corrections Deputy I employees and Corrections Deputy II positions filled by Corrections Deputy II employees. These assignments shall not be interchangeable under this procedure. It shall be noted however, where no employee has been forced off and an assignment becomes available, it shall be filled by seniority just as a regular overtime position is filled by using the 28 Day Overtime Forms submitted, regardless of being a Deputy I or Deputy 3. In the event an insufficient number of employees volunteer to work on a holiday, the Sheriff may require employees, who are normally scheduled to work the day of the holiday, to work the holiday based on reverse seniority or the Employer may select by seniority from a list of qualified volunteers who are normally scheduled to work the holiday. E. All existing Merit Rules governing pay for holidays shall continue to apply except as modified by this Agreement. XVI. LOCATION PREFERENCE A. Each year until personnel shall select their work locations, shifts and leave days, within classification order of department seniority from open positions subject to the provisions of this agreement. Any Deputy off on workers' compensation, military leave and those employees on short or long-term disability are eligible to participate in the selection. In the event the Deputy remains off on one of the above listed leaves, the Sheriff may temporarily fill the position until the Deputy returns to duty. Leave days are classified as regular days off, subject only to the sixth month shift preference selection provided for in Article XVII. The effective date of the selection shall be the pay period closest to October 1 of the subject year. 20 B. For purposes of the selections, all open unit positions shall be posted by classification at all pertinent unit work locations and provided to the Union for administration of the selection not less than five (5) weeks prior to the effective date of the selection, together with classification seniority lists. The selection shall be administered by the Union, by seniority, pursuant to protocol established by the Union and the Sheriff, and shall be completed two (2) weeks prior to the effective date of the selection. No more than two designated Union officials shall administer the selection without loss of time or pay. Except under exigent circumstances, if the Employer fails to provide the open positions for any work locations, the Union shall administer the bump with the number that have been provided at the time. 1. An employee may elect to choose either: a) "Option A" defined as the ability to bump within the employee's respective work location and/or scheduled leave days OR: b) "Option B" defined as the ability to bump within the lowest seniority employee regardless of location, shift, or leave days or combination of both provided that a vacancy exists. C. "Location" for purposes of the annual selection shall mean the following locations in the Corrections/Main Jail and Corrections Satellites Division: Main Jail; Jail Annex; East Annex; Court Services; Visitation; Forensic Lab; and any other recognized work location in Corrections and Court Services Division. D. On the shift change closest to October 1 of each year, a qualified Deputy requesting a location will be assigned to the bargaining unit location he/she requested provided he/she has seniority greater than other Deputies requesting that location. Only written requests on file as of 30 days prior to the date of the shift change on which location preferences go into effect will be honored. The Sheriff may limit the number of transfers resulting from selections to a specific location to one-half of the bargaining unit members at such location. With respect to Court Detail and Circuit Court only (Lobby and Hall Courthouse detail excluded), the Sheriff may limit the 21 number of transfer requests honored to six Corrections Deputy I positions and two Corrections Deputy II positions during this bid process. Court Detail shall include assignments to Circuit Court relief and District Courts. E. In addition to the annual October shift, location and leave days selection, and the April 1 shift change each year, employees in the Court Services unit of the Corrective Services Satellite Division shall conduct a mini bump by seniority within the Court Services unit to select their work location and shift preference. Management has the absolute right to deny any employee choice or adjust the mini bump. Upon written request made within 10 days of the posting of the mini bump, the Sheriff's Office will provide justification to the employee and the OCDSA for the denial or change. Shift selection in classifications not currently receiving shift premium will not entitle such employee to shift premium. However, classifications of employees currently receiving shift premium will continue to receive said premiums in accordance with existing Merit System Rules. F. Deputies requesting a location transfer must be capable to step in and perform in a competent manner without the necessity for detailed instruction or training. Management shall not refuse a location preference request because the Deputy has not previously performed the job, or because it is necessary to describe the proper sequence of the job and its responsibilities. However, the Sheriff may deny a location preference for appropriate reasons, but the Sheriff's approval shall not be unreasonably withheld. The affected Deputy shall be provided upon written request, oral and written explanation for the location preference denial. G. Requests for location preference shall be subject to the following criteria: 1. To request a location a Deputy must have at least one year seniority and have merit system status in the required classification. 2. Any Deputy transferred purSuant to his/her request shall be ineligible to submit another request for location preference for 12 months. This 12 month period may be waived by the Sheriff upon presentation by the Deputy of extenuating circumstances acceptable to the Sheriff. 22 3. A Deputy who has refused a requested location preference is ineligible for location preference request for 12 months. All location preference requests shall automatically expire one year from the date of the request, unless earlier terminated by written request of the Deputy. 4. Deputies desiring a location must submit a location preference request directly to the Sheriff, with a copy to the Union. All requests shall be time-stamped upon receipt by the Sheriff_ 5. Notwithstanding anything herein to the contrary, the Sheriff may transfer a Deputy from court detail when requested in writing to do so by a court judge. H. Whenever a bargaining unit location vacancy exists, that vacancy shall be filled by most senior qualified Deputy with a valid location preference request pending. If there are no qualified Deputies requesting transfer to the vacancy, the Sheriff may assign the least senior qualified Deputy to the vacancy. I. Within 30 working days after first being transferred to a new location, the Sheriff may revoke the transfer if it is determined that the Deputy cannot do the new job assignment. In such event, the Deputy shall be assigned to any existing vacancy within the division and his/her classification as determined by the Sheriff. At the time the transfer is revoked, the affected Deputy shall be provided upon request oral or written explanation for the revocation, and a description of the training or instruction necessary to enable the Deputy to perform the assignment_ A Deputy who has had a transfer revoked shall not be ineligible to request other transfers, but the Deputy shall not be permitted to request a transfer to the same position until he/she demonstrates receipt of the specified training or instruction required to perform the assignment. J. Deputies granted a location preference under these procedures shall not be involuntarily transferred from such position without good cause for a period of one year; provided however, that nothing herein shall limit the Sheriff from transferring a Deputy who has been granted a location request once during said one year for a period not to exceed 90 days for administrative, 23 instructional, or training purposes, or to meet exigent circumstances. The Deputy shall be returned to his/her regular assignment not later than 90 days from the date of initial transfer. K. The Employer and the Union agree that assignments and length of assignments are at the Sheriff's discretion. The Employer may remove an employee from a Special Unit at any time but will normally do so prior to the fall bump. XVII. SHIFT PREFERENCE A. All employees shall be entitled to shift preference selection subject to the conditions as stated below: 1. In addition to the annual October shift, location and leave days selection, shift preference based on seniority, will be allowed within established work locations beginning with the shift change closest to April 1. 2. Shifts shall be selected by seniority on a work location by work location basis. All positions starting times, and days off, as applicable, within a work location are subject to the selection. Barring exigent circumstances, starting times shall be maintained through the term of the selection. 3. All shift preferences are subject to the Sheriff's approval. It is understood that he will not unreasonably withhold such approval. 4. Shift selection in classifications not currently receiving shift premium will not entitle such employee to shift premium. However, classifications of employees currently receiving shift premium will continue to receive said premiums in accordance with existing Merit System Rules. 5. There shall be a shift preference mini bump for the Court Services Unit only in accordance with Article XVI, E. 24 B. For purposes of Shift Preference, all open and/or vacant positions shall be posted by classification at all pertinent work locations and provided to the Union for administration of the selection not less than five (5) weeks prior to the effective date of the selection, together with classification seniority lists. The selection shall be administered by the Union, by seniority, pursuant to the protocol established by the Union and the Sheriff and shall be completed two (2) weeks prior to the effective date of the selection. No more than two designated Union officials shall administer the selection without loss of time or pay. Except under exigent circumstances, if the Employer fails to provide open positions for any work locations, the Union shall administer the bump with the numbers that are in existence at the time. This shall not preclude a mutual agreement to waive the five (5) week requirements set forth above. XVIII SPECIAL ASSIGNMENTS A. Canine assignments shall be deemed "special assignments." 13. In order to be eligible for a special assignment, an employee must have the minimum qualifications as determined by the Employer and provided to the Union and a minimum of two years experience within the Department. If no qualified Deputy meets the minimum seniority and experience requirements as listed above, these qualifications may be waived. C. Deputies interested in being considered for a special assignment must submit a letter of interest directly to the Sheriff's Office. All letters of interest shall expire on December 31 of each year. Copies of letters of interest should also be sent to the Secretary of the Union by the Deputy making the request. Whenever a vacancy exists in a special assignment position, that vacancy shall be filled from a list compiled from the Deputies' time-stamped letters of interest, provided the applicants meet the minimum qualifications as described in Paragraph B above. Deputies offered a special assignment shall be given a description of the assignment and the length of the assignment, if applicable. The Sheriff shall make the final decision on the assignment, 25 taking into consideration the length of service and the ability of each applicant to perform the assignment. XIX. OVERTIME 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. All working days in excess of five in the employee's seven day work week shall likewise be considered overtime. Overtime shall be compensated at the rate of one and one-half times the employee's regular hourly rate. Said rate shall be based on the hourly equivalent of the employee's annual salary, including any applicable service increment, shift differential and temporary change of rate. In order to make the allocations of overtime equitable and maintain the requirement of proper staffing, the following procedures shall he utilized for those represented positions in each Division. A. Except during times of riot, natural disaster, or other exigent circumstances, the maximum amount of overtime worked by an employee per week shall not exceed 32 hours. B. An employee who wishes to work overtime shall sign up in KRONOS. An employee may modify his/her voluntary overtime availability in KRONOS at any time C. Overtime at a work location shall be offered to Deputies at the location who have signed up in order of seniority and in accordance with their designated availability in KRONOS. To the extent practicable, voluntary overtime shall be equalized on a work schedule period basis for Deputies hired to work overtime within a work location, and for employees hired to work overtime outside of their current work location. Such opportunities shall be posted weekly for employee review. Work locations under these provisions shall be: 1. Main Jail 2. Jail Annex 3. East Annex 4. Court Services 5. Visitation 6. Forensic Lab 7. Any recognized work locations in Corrections and Court Services B. Patrol Services 26 9. Investigative and Forensic Services 10. Communications In order to meet immediate staffing requirements and to provide necessary services, a Deputy who selected Main Jail, Jail Annex or Visitation may be assigned on a day to day basis within any of these three locations. When it becomes necessary to reassign a Deputy every effort should be made to rotate the Deputies as equally as possible. D. Overtime at a work location to fill normally authorized and staffed positions shall be offered to Deputies in the following order: 1. Deputies at their work location as outlined in C within corrections Services/Main and Corrections Services/Satellite who have signed the voluntary overtime list in order of seniority and in accordance with their designated availability in KRONOS. 2, Employees not employed in the division where the overtime is available in order of seniority and in accordance with their designated availability in KRONOS such as, but not limited to, Patrol Services and Investigative and Forensic Services and employees willing to work overtime who have not designated their availability in KRONOS. 3. The Sheriff's Office shall request volunteers to work the available overtime via departmental radio in all divisions. Furthermore the Sheriff's Office will make all reasonable attempts to fill any needed positions before forcing an employee. This shall include, but not limited to, radio and email broadcasts. 4. When hiring overtime more than eight (8) hours in advance, overtime will be offered in order of seniority and the number of hires, employees with the fewest hires first within the work location where the overtime is occurring, then to other locations within the division. 5. If overtime is being hired four (4) hours or more from the start of a shift, employees will have FORTY-FIVE (45) minutes to respond to an offer from KRONOS. Employees will not be penalized for rejecting the offer. Employees are encouraged to respond as quickly as possible so that the overtime hiring process can be completed as quickly as possible. 6. If overtime is being hired within four (4) hours or less from the start of the shift employees who do not immediately respond to KRONOS shall be bypassed. 7. An employee who cancels his/her voluntary overtime must notify a Command Officer at least four (4) hours in advance of the start of the overtime or the employee will be charged with a refusal. The Command Officer will cancel the employee in KRONOS and will hire the next employee available in KRONOS. An employee who cancels voluntary overtime more than once in a 28 day work cycle shall be charged for a hire. 27 8. Where the Sheriff's Office no longer needs all of the employees hired for overtime, employees will be cancelled in the following order: the employee with the most hires unless the employee is in the division where the overtime is to be worked. If two or more employees have an equal number of hires, the lowest seniority employee is cancelled first. E. If there are insufficient volunteers under the above provisions the Employer shall then order Deputies employed in the bargaining unit to work overtime to fill positions that are normally authorized and staffed on a full-time basis, by reverse seniority. A list of forced overtime shall be maintained within each Division. The fist shall be continuous by seniority and ordered overtime, and will start over at each fall and spring bump. Forced overtime shall be equalized to the full extent practicable. All Force lists shall be accessible to employees. F. Deputies signed up for voluntary overtime and have their name come up for forced overtime on the same day and shift shall receive credit for the forced overtime provided they accept the hire. New hires shall be placed on the forced overtime list upon completion of training or as determined by management. Any Deputy working two shifts within a twenty four (24) hour period and whose name comes up for a force shall be given credit for a force. The employee must notify the forcing sergeant (example: an employee assigned to the afternoon shift works overtime on the day shift and then works their regularly-scheduled afternoon shift. If his/her name is next up on the force list for the midnight shift, and he/she is called for a force, he/she must notify the forcing sergeant that he/she worked overtime on the day shift. The forcing sergeant will then change the code in KRONOS that the employee worked the day to reflect the force credit). G. Should Deputy be passed over for overtime, he/she shall be given the option to work any available open overtime position within the next 30 days. Should the pass-over occur on a holiday, the Deputy shall be given the option to work an open position on a succeeding holiday or any regular work day. H. Employees shall be entitled to "view only" access to KRONOS for a minimum of seven (7) days forward and seven (7) days back. This shall insure that each employee's overtime request and force credit is accurate. I. When a Deputy on any shift has an approved day off (FLT, PLV, BU-09, or VAC) for the following day, or the day following is a regular work week leave day, he/she will be deemed on leave as of the end of his/her shift and not subject to be forced to work overtime except in accordance with Section M. This provision shall not affect an employee who wishes to work overtime on a voluntary basis. This circumstance will allow this employee to receive credit for a force. J. Private contracts with DIE Energy Music Theater, Meadowbrook, and Renaissance Festival and other similar private contracts shall be handled by qualified personnel assigned by voluntary sign-up by seniority in the following order: Patrol Services Deputies, then to Investigative and Forensic Services Deputies, then to MCOLES licensed Deputies in the Corrections and Court Services bargaining unit. Deputies wishing to be considered for these positions SHALL sign up in KRONOS. Only those mini- 28 contracts where an employee has worked four (4) hours or more shall be counted as a "hire" for equalization purposes. OWI enforcement, "CLICK IT OR TICKET" and traffic grants shall be considered a Traffic 416/Alcohol Enforcement location unit location. K. Hospital watch overtime shall be filled by volunteers in the following order: Corrections, Satellites, Road Patrol and Forensic and Investigative Services. L. Any authorized Deputy who volunteers to work Dispatch in Kronos shall be hired in accordance with the process set forth previously. The hire shall be considered permanent after twenty four (24) hours from the start of the shift that the employee was hired for. Up to that point any Dispatch Specialist or Dispatch Specialist Shift Leader shall have the right to take the shift. Under no circumstances shall a Deputy be forced in Dispatch with the exception of exigent circumstances. M. Forced overtime shall be applied as equally as possible among all employees. Where a position requires a force the order in which force shall happen is as follows: 1. Employees not going into their weekend assigned to Corrections/Main Jail 2. Employees assigned to ENEX not going into their weekend 3. Employees assigned to Circuit Court not going into their weekend 4. Return to number 1 for those employees on their "Friday". 5. Cross divisional (Road) for those employees not going on their weekend 6. Cross divisional (Road) for those employees on their "Friday". 7. Return to number 1 where an employee has an approved vacation for the following day 8. Cross divisional (Road) for those employees having an approved vacation for the following day N. In order to receive force credit an employee must work a minimum of one hour (60 minutes) in the forced shift. 0. Once forced for a shift, the employee may find relief, trade, split or otherwise fill the shift in question so long as it is done with a qualified relief and the Command Officer is notified and approves. The opportunity for the employee to find relief and approval from the Command Officer shall NOT be 29 unreasonably withheld. This provision DOES NOT relieve the Command Officer from attempting to find relief for the forced employee. Under NO circumstances shall more than one (1) force credit or one (1) hire credit be given. The originally forced employee shall be the only recipient of these credits. Once the forced Deputy finds relief for his/her forced shift that relief shall not be utilized to relieve anyone other than that Deputy. P. Forcing in the Circuit Court in the following order: 1. Deputies not going into their weekend assigned to the Circuit Court/District Court. 2. Deputies assigned to the ENEX not going into their weekend will be forced. 3. Deputies assigned to the Corrections/Main Jail not going into their weekend. 4. Once all these have been exhausted the order shall commence with number "4" under letter "M" above. Q. Overtime will be equalized on a 28 day cycle in line with the current shift change schedule. R. Nine (9) months after the execution of this Agreement, the parties will meet to review the operation of this Article and to bargain over any modifications necessary to insure the proper operation of this Article and the efficient and equitable distribution of overtime under KRONOS. Notwithstanding anything set forth in Article XXVII- Duration, if the parties are unable to reach agreement on modifications to this Article, either party may reopen this Article of this labor contract for negotiations by giving the other party thirty (30) days written notice. XX. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES All Resolutions which have been passed by the Oakland County Board of Commissioners on or before September 30, 2018, relating to the working conditions and compensation of employees covered by this Agreement, and all other benefits and policies provided for in the Oakland County Merit 30 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, except as provided and amended by this Agreement. XXI. RETIREMENT BENEFITS (EMPLOYEES HIRED PRIOR TO 5/27/95) All Resolutions of the Oakland County Board of Commissioners, as amended and in existence as 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 a part 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: A. Effective January 1, 1989, all employees with eight 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 were 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 years of military service at the Employer's actual cost as determined by the Employer's actuary. B. Effective January 1, 1993, with respect to persons who are active employees and members of the Retirement System on and after January 1, 1993, and who retire on or after January 1, 1993, the requirements for normal retirement will be 25 years of service credit within the department regardless of age. C. Effective January 1, 1993, Final Average Compensation will not include overtime pay with respect to new employees to become employees and members of the Defined Benefit Retirement System on or after January 1, 1993. 31 D. Effective with the execution of this Agreement the pension multiplier factor and employee contribution rate for employees of the Sheriff's Office covered by this Agreement who participate in the Defined Benefit Retirement Plan shall be as follows: 1_ For the first 14 full years of service in the Sheriff's Office, the employee shall have a multiplier of 2.2% and the employee shall contribute 3% of gross wages to the Retirement Plan during this time period. 2. Thereafter, for every year of service in the Department, the employee shall have a multiplier of 2.5% and shall contribute 5% of gross wages to the Retirement Plan. 3. The following cap on retirement benefits shall apply: The first 14 full years of service in the bargaining unit will be based on a 2.2% factor (multiplier) with all subsequent years of service in the bargaining unit based on a 2.5% factor (multiplier) up to a maximum of 75% of final average compensation. E. Effective with the execution of this Agreement, the required employee contributions (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 January 1, 1993) shall be picked-up (assumed and paid) by the Employer County of Oakland as Employer contributions pursuant to Section 414 (h)(2) of the Internal Revenue Code. Said Employer contributions will be paid by the Employer of the Defined Benefit Retirement System Plan and no employee shall have any option of choosing to receive the amounts directly. The parties agree to take all action necessary and to cooperate with the Oakland County Retirement System which will apply for a favorable (private letter) ruling request that (1) the employee contributions picked-up by the Employer shall be treated as Employer contributions under section 414 (h)(2) of the Internal Revenue Code; (2) the employee contributions picked-up by the Employer shall be excludable from the gross income of the employees pursuant to section 414 (h)(2) of the Internal Revenue Code; (3) the employee contributions picked-up by the Employer shall not constitute wages as defined under section 3401 (a)(12)(A) of the Internal Revenue Code for federal withholding purposes until these distributions are distributed to the employees, and which the Retirement System shall take all action necessary to obtain a favorable section 414 (h)(2) ruling from the Internal Revenue Service. This 414 (h)(2) 32 arrangement shall not affect determination of final average compensation for pension contribution purposes. F. 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. G. During the time period January 1, 2000 to February 28, 2000, all employees who are participants in the Defined Benefits Retirement Program shall have the option to transfer to the Defined Contribution Retirement Plan as set forth in Miscellaneous Resolution 494275, and as approved by the Internal Revenue Service, based on multiplier of 2.2%. Only compensation (as defined by the Plan) earned prior to October 1, 1999, shall be used in calculating final average compensation for those electing to transfer to the Defined Contribution Retirement Plan pursuant to this paragraph. Once an employee elects to transfer from the Defined 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. H. The County shall make the following contributions and matching contributions to the Defined Contribution Retirement Plan for employees hired prior to May 27, 1995: 1. For fiscal year 1999 the County shall contribute 10% of base wages and the employee shall contribute 3% of base wages toward the Defined Contribution Retirement Plan. 2. For fiscal 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. 3. For fiscal 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. 33 XXII. RETIREMENT BENEFITS (EMPLOYEES HIRED ON OR AFTER 5/27/95) 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. A. The County and the employee shall make the following contributions to the Defined Contribution Retirement Plan: Effective with the pay period following September 11, 2009, the County shall contribute 9% of base wages to the Defined Contribution Retirement Plan and the employee shall contribute 3% of base wages to the Defined Contribution Retirement Plan. B. Employees hired on or after May 27, 1995, through January 1, 2010, shall only be eligible to receive Retirement Health Care Benefits as set forth in the Miscellaneous Resolution #94292. C. Employees hired on or after January 1, 2010, shall only be eligible to participate in the Retirement Health Savings Plan as described in Miscellaneous Resolution #05258. The County will increase its contribution, for all eligible employees, to the Retiree Health Savings Plan from $50 to $75 per pay period. The County's contribution to an employee's Retirement Health Savings Plan shall be increased to $100 per pay period ($2600 annually) effective January 1, 2019. The County's contribution to an employee's Retirement Health Savings Plan shall be increased to $115 per pay period ($2990 annually) effective January 1, 2020. The County's contribution to an employee's Retirement Health Savings Plan shall be increased to $125 per pay period ($3250 annually) effective January 1, 2021. 34 XXIII. MAINTENANCE OF CONDITIONS Wages, hours and conditions of employment legally in effect at the execution of this agreement shall, except as improved herein, be maintained during the term of this Agreement. No employee shall suffer a reduction in such benefits as a consequence of the execution of this Agreement. XXIV. 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. XXV. 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, sitdown, 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 lock out any employees of the bargaining unit during the term of this Agreement. 35 XXVI. 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. XXVII. DURATION This Agreement shall remain in full force and effect until midnight, September 30, 2021. The Agreement shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing 60 days prior to the anniversary date that it desires to modify the Agreement. In the event that such notice is given, negotiations shall begin no later than 60 days prior to the anniversary date. This Agreement shall remain in fall 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. In the event that either party desires to terminate this Agreement, written notice must be given to the other party no less than 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 Oaldand. Each and every provision of this Agreement or any other agreement between the parties shall be in accordance with the law. In the event that any such provisions shall nevertheless remain in full force and effect. 36 OAKLAND COUNTY DEPUTY OAKLAND COUNTY BOARD OF SHERIFF'S ASSOCIATION COMMISSIONERS By: By: Michael J. Gingen, Chairperson By: OAKLAND COUNTY SHERIFF By: By: Michael Bouchard By: OAKLAND COUNTY EXECUTIVE By: By: L. Brooks Patterson 37 APPENDIX A I. WAGES CORRECTIONS DEPUTY I FY 2019* FY 2020** FY 2021*** CORRECTIONS DEPUTY II FY 2019* FY 2020** FY 2021*** FORENSIC LABORATORY SPECIALIST I FY 2019* FY 2020** FY 2021*** FORENSIC LABORATORY SPECIALIST II FY 2019* FY 2020** FY 2021*** Base $1,482.43 $1,604.33 $1,604.33 $1,702.21 $1,864.09 $2,056.36 $2,213.97 $2,433.13 $1,512.08 $1,636.42 $1,736.25 $1,901_37 $2,097.49 $2,258.25 $2,481.79 $1,542.34 $1,669.15 $1,770.98 $1,939.40 $2,139.44 $2,303.42 $2,531.43 Base lyr 3_yr kir Syr $2,000.21 $2,144.47 $2,288.85 $2,453.34 $2,543.02 $2,721.83 $2,040.21 $2,187.36 $2,334.63 $2,502.41 $2,593,88 $2,776.27 $2,081.01 $2,231.11 $2,381.32 $2,552.46 $2,645.76 $2,831.80 Base 2 a yx $2,389.86 $2,479.16 $2,568.85 $2,658.42 $2,747.76 $2,437.66 $2,528.74 $2,620.23 $2,711.59 $2,802.72 $2,486.41 $2,579.31 $2,672.63 $2,765.82 $2858.77 Base 4yr $2,415.73 $2,505.14 $2,594.89 $2,684.35 $2,773.89 $2,464.04 $2,555.24 $2,646.79 $2,738.04 $2,829.37 $2,513.32 $2,606.34 $2,699.73 $2,792.80 $2,885.96 *Should a general wage increase greater than 2% be provided to the general, non-represented employee groups for FY2019 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 FY2020 then this bargaining unit would be entitled to the same increase at the same time and in the same manner. 38 ***Should a general wage increase greater than 2% be provided to the general, non-represented employee groups for FY2021 then this bargaining unit would be entitled to the same increase at the same time and in the same manner. All persons hired shall progress in accordance with the salary schedules established herein, except that the Sheriff shall have the discretion to hire or promote persons into this bargaining unit with prior public safety experience and my place them at a step in the salary schedule that is consistent with their public safety experience, and except further that the Sheriff may advance an employee on the salary schedule to a higher step if the Sheriff determines that the employee's job performance warrants such advancement. IL FORENSIC LABORATORY SPECIALIST BONUS Forensic Laboratory Specialists shall receive an annual bonus of $500. The two Forensic Laboratory Specialists designated as "leaders" shall receive an annual bonus of $1500. III. PREMIUM PAY DIVERS 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 $4.00 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 $8.00 per hour* over and above the rates set forth in sections (a) and (b) above. *Computation of the $4.00 per hour and $8.00 per hour premium shall be computed to the nearest one-half (1/2) hours. 39 IV. CALL-OUT PAY The County will guarantee a minimum of two hours of pay at the employee's applicable rate to an employee who has checked out, gone home and is then called out for additional work. Should an employee be called out on a leave day he/she shall be entitled to three hours work or pay at the employee's applicable rate. Where an employee is called into work while off duty and the call-in is cancelled within 60 minutes of the beginning of the shift, the employee shall be paid two (2) hours at 1.5 times the employee's regular rate of pay and shall not be required to work (The minimums set forth in the first two sentences shall not apply). Call-outs must be non-contiguous to the employee's regular shift and for other than court appearance to be compensable under this article. Call-out pay shall be calculated beginning upon arrival at the work site and shall end upon the employee leaving the work site. V. COURT APPEARANCE When Deputies are required to appear in court, they shall be compensated at the rate of time and one-half for all time spent in court under the following conditions: A. Case must be of a criminal nature or related to traffic enforcement. B. The Deputy is appearing on behalf of the department at a deposition or a civil matter. C. Deputy must be off duty at court time. A Deputy shall be guaranteed a minimum of two hours pay per day except where a Deputy is off duty and called into work and appears in court on his/her scheduled day off (not vacation, personal leave day, etc.) the Deputy shall receive a minimum of three (3) hours pay. VI. SALARY STEPS/MERIT INCREASES Any salary step increase for an employee who satisfactorily performs and is approved for such increase by the Sheriff shall become effective within 10 working days after receipt by the Sheriff's Office of the appropriate notice of eligibility for salary step increase and said salary step increase 40 shall not be denied unless the Sheriff disapproves the salary step increase within the aforesaid period. VII. DEFERRED COMPENSATION MATCH The County has a 457 (b) Deferred Compensation Plan. The County matches the first $300 contributed to the 457 (b) Plan by a Corrections Deputy each calendar year. Effective January 1, 2017, the County will match the first $1000 contributed to the 457(b) Plan by a Corrections Deputy each calendar year. The County will match the first $1500 contributed by the employee per calendar year to the County 457(a) Deferred Compensation Plan effective January 1, 2019. The County will match the first $2000 contributed by the employee per calendar year to the County 457(a) Deferred Compensation Plan effective January 1, 2020. The County will match the first $2500 contributed by the employee per calendar year to the County 457(a) Deferred Compensation Plan effective January 1, 2021. VIII. MILEAGE Effective with the execution of this agreement, the General Travel Regulation's mileage reimbursement rate shall be the IRS rate per mile. IX. CLOTHING AND EOUIP1VIENT A. All guns, uniforms and equipment supplied by the County will remain County property and separating Deputies will be required to return all uniforms and equipment to the Sheriff. B. The County will provide cleaning of uniforms for uniformed personnel of the Department and it is understood that the individuals will not abuse this privilege by requesting excessive cleaning. C. The County shall provide one pair of boots every two (2) years to Cell Extraction Team members at a cost of not more than $150 per pair. 41 X. PHYSICAL FITNESS INCENTIVE PROGRAM The Physical Fitness Incentive Program is voluntary. Each Deputy can qualify for a $125 payment per calendar year by meeting the physical fitness standards set by the Oakland County Sheriff's Office by December 31 each year. A Deputy meeting the physical fitness standards by December 31 of each year will be eligible for this $125 payment in January each year. The Physical Fitness Incentive Program standards are set forth on the next page. 42 Oakland County Sheriffs Office Command Officer Fitness Performance Test The Oakland County She rilPe Office' Command Officer FftnessFerformenCe That waist of the balaW fiva even's, paNcipsn Is must suwassrui fy complete all Ike events to stiooessfully compile le the . . Films Performance Test Push Ups_i20.1 The pash-llp N an event that measures upper body strength, You will he recurred to do et least20 to pass successfully. You bagin with yourha man shoulder-width apart and feat no marathon eh; in tea apart To complete this event you will: > Skirt tn the 'ttp" peeks' with elbows looked. > Move dammed keeping yeUr foga, hips, andforso in the sarne plane. • Strike the indl0elor vidllyourbreaelbone. > Return to thenur posttron keeping your legs, hips, snd tom° in the same piano, St.Ljpa 1101 The et-tip event measures core body gram tiL You will he required to co mplate On Bit-Ups to pass this event, You wt begin bytylng on yourbasit an gyM mat Your Imaesivill be hent SO crepes, with feet flat an the Dor. Your bonEfe Wit be be d your head, and anolher partrolpant will hold your Feet to the Roar, To complete this event you witl: • 'Raise yourshouldess from the rriet, keeping your hands bshied your head. > Touch your elbows to your imam . Returnto the mot, and repeat Plonkfl Minute) ThisaVentvolil measure Oare body strength. Youwit he required to gatInto and maintain [he Plank sillan forone mint& • Begki bYlYing race down on RITA resting on forearms wilfi palms t al on the liDor. • Push off the Sport raising up onto to es and resting • Keep your back fiat, In a stralghtiine from head to heels, maintaining Ks positron corona. mInUte. 10 Yard sprint (aN oo coots or fiassl This event will measure carrito-respiretoly capacity an ti lavier bady shenath, You v11.1 be given up to saeondprnttCyards. Dee Mile Hun (12 rnTrurNs or Jess) The nne.Mlie ran Ism event that measures catria.resphata ry inanity and includes elements of oerdlovesaularenduronce, aerobic power, and agility. You will be given op to Waive minutes la oompleie the rUn. I XI ON-CALL PAY FOR FORENSIC LABORATORY The Forensic Laboratory may designate one employee to be on-call each day (24 hour period). The employee, who is designated as on-call and drives the laboratory vehicle home for the night or weekend, shall receive one hour of pay at straight time for each 24 hour period that the employee is on-call. If the employee is called into work, the employee shall not receive on-call pay for that day. On-call pay shall be paid in cash (wages), not compensatory time. XII CORRECTIONS TRAINING OFFICER PAY ("CTO") A Corrections Deputy designated by the Sheriff's Office as a Corrections Training Officer ("CTO") and assigned by a Command Officer to train a probationary bargaining unit employee, shall receive one hour of pay at his/her overtime rate (l .5x) for each full eight (8) hour shift the CTO spends with the employee training him/her. CTO pay shall be in wages, not compensatory time. 44 APPENDIX B I. FRINGE BENEFITS In addition to the provisions of this Agreement which are controlling to the extent of any conflict with the provisions of the Oakland County Employee's Handbook and/or the Oakland County Employees' Retirement System Restated Resolution, for the following fringe benefits, refer to the Oakland County Employees' Handbook: 1. Injury on the job: See Merit Rule 17 which has been set forth in Appendix C. 2. Leave of Absence/Family Leave: All provisions of Merit Rule 21 (Family Leave) will be implemented for members of the Oakland County Deputy Sheriff's Association except the requirement to exhaust all leave banks prior to the use of leave without pay. Members of the Oakland County Deputy Sheriff's 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. 3. Longevity: Merit Rule No. 2, "Service Increment Pay, "shall not apply to any employee hired after March 15, 1984. 4. Medical Coverage: Effective January 1, 1997, employees retiring from County employment with 25 years of service within the Department shall be eligible for County paid medical coverage at the time of retirement regardless of age. • Employees hired on or after May 27, 1995, through January 1, 2010, shall only be eligible to receive Retirement Health Care Benefits as set forth in the Miscellaneous Resolution #94292. • Employees hired on or after January 1, 2010, shall only be eligible to participate in the Retirement Health Savings Plan as described in Miscellaneous Resolution #05258. 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. 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 months from the date of LTD eligibility, provided he/she has applied for and was turned down for Social Security Disability and Medicare and have no other medical coverage available and providing the employee has not allowed his/her medical coverage to lapse. 45 5. Sick leave. 6. Retirement 7. Annual Leave — see Merit Rule 23 which has been set forth in Appendix C. 8. Disability Coverage. 9. Tuition Reimbursement. Effective September 20, 2014, tuition reimbursement shall be increased to $1600 per session/semester with a maximum fiscal year reimbursement of $4,200. The fringe benefits modified in previous Collective Bargaining Agreements shall continue in effect as modified and described above and in Appendix B, ll set forth hereafter. 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 D. C. Employees in this bargaining unit shall make Medical Care contributions (contributions are bi- weekly and pre-tax) in accordance with the Medical Care plan they select. 46 D. 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 persons or family coverage for Class II and Class III 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, through payroll deduction, the amount established annually by the Employer. The maximum per individual per calendar year shall be $1500. 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. E. 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 $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. Any employee who has their glasses damaged while on duty performing job related functions shall have the cost of the replacement glasses paid by the County to a maximum of $250 (after utilization of any vision insurance). 47 G. 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 employees annual salary. Employees have the option of selecting a Higher Life Plan during open enrollment. Employees 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. H. 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. IR. BEREAVEMENT LEAVE In the event of 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, not including scheduled leave 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, not including scheduled leave days at the discretion of the employee's department head, in consideration of the relationship of the relationship of the employee to the deceased and the geographic location of the funeral. Covered relations may be 48 natural, adoptive, step or foster care in nature. Covered leave shall be paid at the employee's regular hourly rate. Absent extenuating circumstances, an employee must notify the Sheriff or his designated representative of eligibility for said leave by written application on forms provided by the Human Resources 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 or his designated representative prior to the date of the funeral and attends the funeral. IV. 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 of jury 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 Sergeant/Lieutenant as to whether he/she should return to work. Compensation is to be for no more than 40 hours per work week. Employees on jury duty leave will continue all fringe benefits they normally receive while they are on jury duty. Employees must turn in a copy of their jury duty notification and re required to turn in all jury duty fees excluding mileage to the Sheriff's Office. V. 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. 49 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 1. 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 twelve 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 1. Employees may accumulate up to a total of 18 Personal Leave Days. Once that 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. 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 50 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 information 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 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 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. 51 VI ANNUAL LEAVE BUY BACK 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. 52 VII PARENTAL LEAVE L 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. IL 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. III. PAY AND BENEFITS DURING PARENTAL LEAVE A. Parental Leave is paid at 100% of an employee's =Tent 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-weekly 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 shorts term disability; termination of short-term disability will be 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. 53 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. 13. 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. 54 MEMOIANDUM OF AGREEMENT PARENTAL LEAVE Oakland County Sheriff's Moe shall hereinafter be referred to as "'County') and hereby enter Unit and Oakland County and the Oakland County S heriffs Office (Oakland County and th e / Now comes the Oakland County Deputy Sheriffs Association Corrections and Court Services Into this Memorandum of Agreement based on the following ifacts: A. The Oakland County Board of Commissioners passed a Parental Leave Policy, a copy of which is attached hereto, on June 20, 2016, effective Jurre'25, 2016, . I i3, The parties have discOssecl the Immediate implementation of this PolOy so that bargaining unit members Will not miss the opportunity to take Parental Leave should th e 1 parties waft .until contract expiration to implement the Parental Leave Policy. Now therefore the parties agree as follows: L The Parental Leave Policy (copy attached hereto) will be implemented effective Jun e 2 5 ' , 2016. Z The Parental Leave Pollcyshallretnein in effect forth length of the Labor Contract • which the parties are cireritly negotiating (term to begin October 1,2016), except that either party may terminate the Parental Leave Policy effective September 30, 2017. In orderto exercise this termination provision either party must provide the other par t y ' with written notice of termination at least sixty (60) days priorto September 30, 2017, DUSA egilaT4N.AJ Datfl ./g"gigiV4 Oakland County Sheriff's Office Date Oakland County 'Date ss APPENDIX C Attached hereto is Merit Rule #I7 (Work Connected Injury or Illness); Merit Rule #23 (Annual Leave); Letters of Agreement regarding the Sergeants Promotional Exam; Canine program; Memorandum of Understanding (regarding check off cancellation); Pilot Program for Compensatory Time for Forensic Lab Specialists/Forensic Lab Specialist Shift Leaders; and the Oakland County Sheriff's Office Random Drug Testing Policy. 56 17. WORK CONNECTED INJURY OR ILLNESS 17.1 REPORTING 17.1.1 County employees shall report all injuries or illnesses, arising directly from their County employment to their department head immediately. 17.1.2 Department heads shall report all such injuries or illness to the Risk Management Department immediately on ''Report of Injury on the Job" forms. 17.2 TREATMENT 17.2.1 The ordering of an employee involved in an on-the-job injury to receive immediate professional medical attention shall be considered a legitimate authority of the County department head and refusal on any grounds other than religious shall be deemed insubordination. 17.2.1.1 Except in dire emergencies, this medical treatment should not be given by County medical personnel. 17.2.1.2 The person or institution rendering the medical treatment should be told that it is a possible Worker's Compensation case. 17.3 PAYMENT OF MEDICAL BILLS 17.3.1 If the injury or illness is deemed compensable by the County's Worker's Compensation Servicing Agent, the servicing agent will pay reasonable and necessary medical charges for care and treatment of a work related injury or injuries. 17.3.1.1 All medical bills resulting from the case should be sent to the Risk Management Department. 17.4 PAYMENT FOR TIME OFF 17.4.1 If the injury or illness is deemed compensable, the Michigan Worker's Disability Compensation Act provides that the Employer, the County, shall pay part of the employee's salary if he or she is off work more than one week because of the illness or injury. 17.4.1.1 Oakland County is a licensed self-insured employer and as such pays any benefits to its employees as prescribed by the Michigan Workers' Disability Compensation Act either directly or through its Worker's Compensation Servicing Agent. 17.4.1.2 This amount will usually be less than the employee's normal County salary. 17.4.1.3 This payment is a substitute for a portion of the normal County salary and is not in addition to it. 17.4.1.4 If the employee is off work because of the compensable injury or illness for less than two weeks, the Act provides that he or she will not be paid from the servicing agent for the first week. Compensation shall begin on the eighth calendar day after injury. 57 17.4.1.5 if the employee is off work two weeks or more he or she shall be paid from the date of injury. 17.4.2 If the injury or illness is deemed compensable, the employee shall be paid directly by the County in the following manner: 17.4.2.1 An eligible employee off work due to an injury or illness, deemed compensable by the Michigan Workers' Disability Compensation Bureau, shall be paid, by the County, the difference between 100% of their regular normal salary, at the time injured, and the payment made under the provisions of the Workers' Disability Compensation Act for periods (covering original injury or illness or reoccurrence of original injury or illness) not to exceed five working days. The County supplement for compensable time off in excess of five working days shall be reduced to the difference between 80% of the employee's regular normal County salary, at the time injured, and the payment made under the provisions of the Workers' Disability Compensation Act for as long as the Worker's Compensation payments are received but not to exceed 52 weeks including both the portion supplemented at 100% and the portion supplemented at 80% as noted above. 17.4.2.1.1 No deductions shall be made from the employee's Personal Leave, Annual Leave or Sick Leave Reserve to cover this payment from the County. 17.4.2.2 An eligible employee still unable to return to work within the time limit described in Section 174.21 above, who continues to receive Worker's Compensation payments, shall be paid by the County, the difference between his or her regular salary at the time injured and the payment made under the provisions of the Compensation Act, and the prorated amount of time involved shall be deducted first from the employee's Personal Leave and Sick Leave Reserve accumulations and if they are exhausted, from the Annual Leave accumulation. 17.4.2.2.1 An eligible employee off work due to an injury or illness deemed compensable by the Workers' Disability Compensation Bureau shall continue to accumulate Annual Leave at the normal rate and shall have the time credited toward the earning of Personal Leave for as long as he or she receives payment from the County under items 17.4.2.1 and 17.4.2.2 above. 17.4.2.2.2 Any amounts payable to an employee under Sections 17.4.2.1 and 17.4.2.2 above, shall be reduced by an amount equal to any benefits received under the provisions of the Oakland County Employees Retirement System because of such injury or illness. In no case shall the total benefits paid by the combination of Worker's Compensation payments, payment from Oakland County Employees' Retirement System benefits and payment from the County, total more than the employee's normal salary at the time of injury or illness. 17.4.3 Because there may be a delay while the servicing agent is determining if the injury is compensable, the employee shall receive full salary payment from the County until the first Worker's Compensation check is sent. If the injury is later determined non- compensable this time will be deducted from the employee's Personal Leave and Sick Leave Reserve accumulations and if they are exhausted, from the Annual Leave accumulation. When notification is received by the County that the eligible employee received a payment from the servicing agent, this amount will be deducted from their next County paycheck, even though the time covered by the servicing agent check is different from the time covered by the County paycheck. This is continued until any overpayment is made up and may result in the employee receiving only partial pay from the County for a time after he or she returns to work following a compensable injury. 17.4.4 Non-eligible County employee's (see Rule 22 - Eligibility for Employee Benefits) shall not receive supplemental Worker's Compensation pay (an employee benefit) as described in Section 17.4.2 of this rule. 58 Revisen o4(05i0s 23. ANNUAL LEAVE 23.1 DEFINITION! OF ANNUAL LEAVE Annual Leave Is absence from work for which the employee is paid just as if he or she were at work. Annual Leave is earned and accumulated each pay period at a rate dependent on the length of the employee's County service. When Annual Leave is used, and the amount of Annual Leave that is taken at one time, are at the discretion of the employee's Department Head within the limitations of the employee's accumulation, of necessity, the welfare and convenience of the County and the continuation of the services the department renders must be the foremost consideration in allowing Annual Leave, An Annual vacation is the most common use of Annual Leave, although it also may be used for other purposes such as personal business and to cover a period of Illness after Sick Leave Reserve or Personal Leave have run out. 23.2 EUGIBILITY FOR ANNUAL LEAVE 22.2.1 See Rule 22 "Eligibility for Employee Benefits." 23.2.2 All employees eligible forAnnual Leave shall begin their accumulation from the first day of eligible County employment 23.3 RATE OF ACCUMULATION OF ANNUAL LEAVE AND MAXIMUM ACCUMULATION 23.3.1 Annual Leave shall be earned and aceumulated by pay periods, according to the following chart LENGTH OF ELIG1ELECOUNTY SERVICE (SEE RULE 22) DAYS OF ANNUAL LEAVE EARNED* MAXIMUM" ACCUMULATION HOURS/DAYS From Through Hours Per Pay in 12 Months Elig. Off N/Elig. 0/T. 0 1Year 3,07 10 Days N/A N/A 2 Yrs 4 Years 3.09 12 Days 144/18.0 288/36.0 5 Yrs 9 Years 4.61 16 Days 180/22,6 360/45.0 10 Yrs 14 Years 6.53 18 Days 216/27,0 432(64.0 - *16 Yrs 19 Years 6.16 20 Days 240/30.0 480160.0 20 Yrs 24 Years 6.76 22 Days 264/33.0 528166.0 26 Yrs Remainder of County Service 7,38 24 Days 288/36.0 576/72.0 - *While the amounts earned per pay period do not appear to add up exactly to the amounts earned in a twelve month period, the computer which does the accumulating automatically corrects for this, once a year. See also Section 23.2.2 of this role. The TriaXirnuin accumulation for employees eligible for Overtime is based on one and one-half year's worth of Annual Leave earnings, The maximum accumulation for employees not eligible for overtime is based on 3 years worth of Annual Leave earnings- When the maximum accumulation of Annual Leave Is reached, additional time spent in county service, while an employee's Annual Leave accumulation Is at the maximum, will not earn annual leave. either for Immediate or future use when the employee's accumulation Is below the maximum. 23-1 23A USE OF ANNUAL LEAVE 23.4.1 Annual Leave may be used only with the permission of an employee's department head. This provision shall apply to all other sections of this plan. 234.2 Annual Leave may be used at any time after It Is earned, subject to item 23,4.1 above. 23.4.3 Annual Leave mav not be used before it is earned. 234.4 Annual Leave may be used in any combination of days, subject to Item 23,4.1 above, 23A.6 Employees not eligible for overtime for whom Annual Leave has been placed in an Annual Leave Reserve Bank may draw from their reserve subject to Item 23.4,1 above, NOTE: At the time the rnexirreun accumulation was applied to "non-overtime" employees, all banked Annual Leave days in excess of two times the annual earnings rate was placed In the Annual Leave Reserve, This allowed all "non-overlime" employees one more year to aceurnulate Annual Leave and schedule vacations before reaching the accumulation maximum. 23.5 EFFECT OF PERSONAL LEAVE AND SICK LEAVE RESERVE ON ANNUAL LEAVE 23.6.1 Employees utilizing Personal Leave or Sick Leave from their Sick Leave Reserve Bank shall continue to accumulate Annual Leave just as if they Were on the job, 23.6.2 If an employee has reason to draw from his or her Sick Leave Reserve sank during a period of Annual Leave usage and if such Sick Leave Reserve Is used to cover an illness of the employee and this usage is documented by a physician's written statement to the department head's satisfaction, such time may be deducted from the employee's Sick Leaire Reserve Instead of from his or her Annual Leave Accumulation. 216 EFFECT OF SHORT TERM AND LONG TERM DISABILITY INCOME INSURANCE ON ANNUAL LEAVE 22.6,1 Employees receiving Short Term Disability Income Insurance payinents shall continue to accumulate Annual Leave just as If they were on the job, 23.6.2 Employees receiving Long Term Disability income Insurance payments who remain on the roil as a County employee shall not accumulate Annual Leave, 23.7 EFFECT OF DEATH LEAVE ON ANNUAL LEAVE 23.7.1 if an employee has reason to use Death Leave during a period of Annual Leave usage, and such Death Leave is documented to the department head's satisfaction, such time may be considered as Death Leave instead of deducted from the employee's Annual Leave accumulation. (Set also, Rule 25, "Death Leave") 23-2 60 23,8 EFFECT OF PAID LEGAL HOLIDAYS ON ANNUAL LEAVE 23,8.1 Legal Holidays, EIS defined in these rules, which are counted as days off with pay by the County, shall not be deducted from an employee's Annual Leave accumulation when they fall during a period of Annual Leave usage. 239 EFFECTS OF LEAVES OF ABSENCE WITHOUT PAY ON ANNUAL LEAVE 23.9.1 Employees shall not accumulate Annual Leave while on Leaves of Absence Without Pay. 23,113 PAYMENT FOR UNUSED ACCUMULATED ANNUAL LEAVE ON SEPARATION FROM COUNTY SERVICE 23.10.1 Employees separated from County Service shall be paid at separation, for their unused accumulation of Annual Leave at the salary rate the employee is being paid on his or her final day of actual Work, 23.10,1.1 This payment shaii not be included in the cornputation of final average componsatlon (E.A,C,) for retirement benefit purposes for employees Initially appointed to eligible County service (see rule 22) after December 31, 1977. 23.11 EFFECT OF TRANSFER OF AN EMPLOYEE FROM ONE DEPARTMENT TO ANOTHER WITHIN THE COUNTY SERVICE, ON ANNUAL LEAVE 23.11.1 An amount of money equal to the amount of unused Annual Leave time the • employee has in their accumulation at the time of the transfer, paid at the rate the employee Is being paid at the time of the transfer, shall be transferred from the salaries budget of the department the employee Is transferring from, into the salaries budget of the department he or she is transferring to, if requested by the department head of the latter. 23-3 • 42 / 1 1r - matmsv ' The County of Oakland 0CoUnty", and the Oakland yqty. DelEatY $hqUEls Agsociatlon Oa2epr1ttiono5,herehy antet into this,aggeement DA 1W,5. 711.o Oopay .and the 'Association ackvawladge and agree aa4clIoro; The CaUntY, and the Arisodiaelan have heen end presentlsk, inv01Ved in a dlepnte,nver the weighting tp he apoordP i . i o the oral ,Ortian and wt:Atken parkicniP the tests which campriate, the sengeontle praptionel examinatlen end av5g the aewiente La Which the testa shall be ,giVen t The aodnAr'aed tf 4zo=4Atio hereby agree ta resP;w4e their dia&te as all'arat . A- 'Tim #4Shtio8 Re the oral and written tests "lab coppriae the sergeentle protaational examinat4ca 55 *, percent oraI end 45 perdent writcon, includitgtiesergeant'A o*migotivq. T.Y.W.p1). pax:.annon,noed, (:ecalied) ribrai0" IWO. ihe.seinehoo PR the testaNhich owegrise the sergeant's prototianal emanation ,shall ba agal sgsmfnation kirst, and . Wrinen ekamipation setond, fog all =savant/12a annagnied (posted) eter May 1, 1005- 4. By, .1.-1 Lir/ Dana inas ts: Zroalle0 OAWHD thur .liEftfEEr,s DEFIARTpd OWAtfa Umistinl MAT , Matra MOWIATION 1 COMO DP (TOCIAND .13Y /4t-t* WOW TIlbstra rtg; Horner) Evp).oya ttelattotz & LErrn. OF MATSTANDIDIG CONCERVING OAINTILtrg PROCA-415 The County of Oakland (4`Counly1 and The 04.12.11d COUrgy Ifi't napartmen( ("Departrrmit") save established v. Canino Progrrinn amd, after negotiations w ith the Oakland C?tloti Deputy Shurifra Aesoofation ("Union"), have agreed upon the work hours, reltanrsernent, and othor conditions for the CortinePregram. Car,roca.niri, And renew • Cauine duty is voluntary and partiolpation.fr tho'Conine Program is considered to be v privilege, Deputies sselcing assignment to the Canino Program shenid have fi love it animals and be dedicated to the taro, training and wen-being of the °anion assigned le them. The home environment for the canine should be one whore the oethm will bo treated weft by family • nien-lboro Who want the canine to be part of the horns onvirournout, The County reserves Ito rtgbt to inspect any non-residential structure used ex011:alvoly for oanino housing to ensure proper core and )naintenaeee. Partiolpatico. in the Oakland County Sheriff s Deparbnent Canirie Program must lie carefully considered by the individual seeldrig the besignment. it requires commitment by the employee and an investment by the County cad the .Department in lexrns of oast and. training time._ In additicr, once a canine is bonded to a Deputy, ohanges are diraUtilt to 1110-ke MICT coolly in tel of training time and. =acclamation_ for tbe canine. Once voluntarily applied for and =ivied to the Oaninn Unit, employees cannot be reassigned witbout the express permilsion eI the Shatiff. 33,toapt as provided heroin, thti; County and/or the De.partment may obange 114 Program front tinte-to-time as, they believe =manor. Assignment to the Canine Unit will be oXoittded from the provisions of filo COIleolivo pargaininff Agrilement with reference in shift/location preference. However, seniority within thp Canine :Unit will apply tho same etettu Collective Barg a Wing Agr e ernent for ailftltoeiition preforenoe within we Online Unit, ganine thilt Assigament: • Assignment to and removal from the Canine Iltift is at the rile diseratfon of the Sheriff: The SlIeriff shall select among O.O.L.B,S. certited Deputy Irs- rue this assignment, Deputies who accept assignment into the Canine priDgxarrk will, in addition to departmental duties and training, maintain their canine at their home doting non-duty boors and will transport the canine to and from work as required in a marked petrol unit provided by the Department. They will also °ere for the canine including feeding, grooming, veterinary care and all related matters for tbt nourishment, care arid well-being of the canine. lag „WintgT___•noyr gepugest_Le, ttietsantNalr 'rite CartineRrofrarn; Tiro Corinty, the Department, and the Maori have met wild have negotiated 11er-teeming cant** linty ard the wsit-terlt et oa-titity time requited pur week for ihe care, feeding, resintenanae ana veterinary,eare of the canine. .4.fter reviewing the pertinent facts, the CeentY, the Department, and the Unlbn acknowledge that in some Weeks, mom or leas time will he re-cluirv-d for minim tare then ether weeks and that. due to the varying time requirements for canine osre and the fact that tinrDeputy will care and maintain the eenine at Jai:shier home (whish is considered to be aprivlIese and a beneEt the the Deputy mad Ids family), that two and one-het C2i/i)* hours jr week is a fair and reasonable allotment of the rtAlLiimi 6,21A atcl comPeusatlen §sr the feeding, earn, veterioary cue 2U(I otherrolatad maintenance fro the qautec. Depnties shall not reeeive,edditional compensation, daily overtime, or weekly overtime for the feeding, ears, yew:loan/ cam, or Maintenance of the.cardne. The Union hereby waives my daily overtinteprovisionu the Labor contract end/or the lvforit System Rules in regard to the feeding, care, votqinary ems, mid ni.ainfonence of lin eAnine, • Amon:tingly, Me normal work week to Deputies assigned to canirm duty s4a1l be 3% hours of Depaiinnotal work per" weak and 2 141-tours per Wee . designated fortha fadcling,. care, VotorillarY care and other /mint:manna or the canine &ring oft.litcy hours. The Deputy's daily and wdekly ovedirms payments shall be based Iowa 1K liour Departmental wor14 day and s7K . boor Departmental work week. Overtime altaR be paid only for Departmental work (sepatute and ;apart than the transportation, feeding, Gyre, veterinary cam end other maintenance related N the merino). During vaoation wdoks or at other titnoe when the amino is boarded, the Deputy's wages' shan not be reduced below 40 hours per wee,le beamed the emioe i being boarded et a. kmmel during that time. The .15artfAal httDtfraeltnOWledga that since the, Deputy will perk.= List4 off-datsr work at home. the Department )1es no means of determining how. much Onto is spent cerin' g for the (=Zee, The Deputy shatn litnIt the off,:duty timm he./she expends for the canine te We and oar- ha) (21,4) hours.por week. The Deputy shall not expand additional &to Without the wzittan, pOrrnisgiou or 60 micat Cost OrAeartlIraF, Food, Ykkei.Bpaprat„Ami.ati agine Cans: The coal of food, veterinary core, grooming, hoarding where necessary, equipment; cad other related items Air the eanine, shall be paid by the County. Food, veterine.ry aercglooroing equipment end other necessities for the amine shall be obtained from vendors designated by lie County. In the, event the Deputy expends his/her fends for the canine, the Deputy shell be • reimbursed upori presentation of documentation satitfaoloxy to the County. 52.002.:ACM:M.r* t547.3/G/22,0 (05 MEMORANDUM Of UNDERSTANDING This Memorandum of Understanding ('MMI") is entered Into on this day of 2015 between the Oakland County Deputy Sheriff Association (corrections Unit) and the County of Oakland andthe Oakland County Sheriff's Office, This MOU 1 based on the following facts. A. Michigan enacted a Right to Work Act effective In March 2013. There has been considerable litigation concerning the effect and meaning ofthis Act. F3, One of the ?ssges beingiftlgate'd regarding this Act is whether there can be any restrictions on an employee's ability to cancel his union dues deduction arrd whether an employee can be limited to canceling his/her union clues deduction during a specific period(s), C. Article III C of the Labor Contract between the parties, provides that the employees lii this bargaining unit can only cancel their union dues deduction between December 16 and December 31 of any calendar year. Now therefore the parties agree as follows: 1. If the Michigan Employment Relations Commission, Michigan Court of Appeals, Michigan Supreme Court ore Federal Court In Michigan issues a final tinappealed decision concerning when an employee can cancel his/her union dues deduction than Article iii C shall be amended accordingly. 2. The parties shelf meet to negotiate these changes to Article ill C, Oakland County Deputy Sheriff Association Oakland County Oakland County Sheriffs Office Attachment 3 (047 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into on the day of , 2016 by and between the Oakland County Deputy Sheriff's Association (Corrections Unit) ("OCDSA") and the County of Oakland and the Oakland County Sheriffs Office (hereafter collectively the "County"). This Memorandum of Understanding is to confirm our understanding regarding the Compensatory Time Pilot Program for the Forensic Laboratory Specialists I and II. In the interest of determining whether a Compensatory Time Bank Program is beneficial and feasible for the County and members of the OCDSA Corrections bargaining unit who are assigned to and work in the Forensic Laboratory as Forensic Laboratory Specialists I and II, the parties agree to implement a pilot program for the period of the 2016-2018 Collective Bargaining Agreement, with the understanding that either party may cancel this Pilot Program at the end of the contract period. It is also understood that the Compensatory Time Pilot Program is being conducted for Forensic Laboratory Specialists I and II because when they are absent they do not need to be replaced on overtime. Under the Pilot Program, when a Forensic Laboratory Specialist I or II works hours for which overtime compensation would otherwise be due, that Forensic Laboratory Specialist may elect to have overtime 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 fifty-six (56) hours. 2. Use of Compensatory Time shall be in accordance with the Sheriffs 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 Forensic Laboratory Specialist's use of Compensatory Time shall be in increments of whole hours and also may be used, with pre-approval, for short periods of leave 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 unit supervisor for the time period in question. 4. In the event that a Forensic Laboratory Specialist goes on short term disability or worker's compensation, hours in the Compensatory Time bank may be used as supplemental compensation. 5. Where a Forensic Laboratory Specialist's Compensatory Time bank has a balance as of the last pay period of the calendar year, the hours shall be liquidated and paid to the Forensic Laboratory Specialist in the first pay period of the new year. 6. Overtime hours worked on a mini contract (i.e. Pine Knob, Meadowbrook, Renaissance Festival) shall not be eligible for inclusion in a Forensic Laboratory Specialist's Compensatory Time bank. Any Grant funded overtime will be decided on a case by case basis. 7. To be eligible for inclusion in a member's Compensatory Time bank the hours must be worked at the member's regularly assigned location. 8. 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 Forensic Laboratory Specialist I or II is transferred, leaves the Forensic laboratory for any other reason, or is promoted, then the compensatory time in the Forensic Laboratory Specialist I or II compensatory time bank will be paid to the Forensic Laboratory Specialist I or II within three (3) payroll periods from the date of actual transfer or departure from the Forensic laboratory, or promotion. Provided, however, that any member who is transferred involuntarily as a result of a 90 day administrative transfer or the Sheriff's realignment of manpower, 67 shall bring and be permitted to use their Compensatory Time bank to their new/different duty station/assignment. This Pilot Program will expire September 30, 2018, unless extended by mutual agreement of the parties. Oakland County Oakland County Deputy Sheriffs Association Undersheriff Michael McCabe Date Deputy William Christensen Date Oakland County Sheriff's Office President- OCDSA Jordie Kramer Date Director-Human Resources 68 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 Deputies 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 marijuana, cocaine, amphetamines, phencyclidine (PCP), opiates and any other intoxicating substances the possession or use of which (without a proper prescription) is illegal under federal or Michigan law. I. Drug Use Prohibitions No Employee shall: A. Possess, be under the influence of, or 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 Deputy), sell, offer to sell or buy, or distribute controlled substances on duty or off duty. C. Be permitted to remain on duty where the employee's ability to work is impaired by a controlled substance or the employee tests positive for a controlled substance prescribed for the employee by a physician and used by the employee as prescribed, but the employee will not be disciplined for a violation of this rule. D. Refuse to sign a consent or release form authorizing the collection of a specimen for analysis, and the release of the results to the County. E. Refuse to cooperate with the collection site personnel, County personnel, or in any way to refuse to provide a specimen when required. F. Violate any of the Department's Rules and Regulations regarding controlled substances (drugs). H. Reasons for Drug Testing: A. This Drug Testing Policy includes testing in the following situations: I. Pre-promotional: Testing an employee who is selected for promotion. 2. 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). 3. Return to Work: Testing an employee who has been off work for over four months. 4. Random: Random testing of all employees in the bargaining unit as determined by computer lottery selection or other such method. 5. 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. 6. Follow-up: Testing as part of counseling or rehabilitation, 69 7. The drug tests set forth in numbers 1, 2, 3, 4, and 5 will be scheduled while the employee is at work. B. Orders for testing will come from the Sheriff of 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. III. 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 manner which provides a high degree of security for the specimen and freedom from adulteration. The employee shall be witnessed 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 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. 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: 1. 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. 2. The testing laboratory shall maintain a chain of custody record of any individual handling or testing an employee's specimen. 70 3. Lab Test: a) 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_ b) A confirmation or follow-up test for controlled substances will be of the Gas Chromatography/Mass Spectrometry method and shall be conducted by the same laboratory which performed the initial screening. The laboratory shall be required to specify the metabolites tested for, the cut-off levels and the testing procedure used in each drug classification. c) In determining whether a test result is positive, the laboratory shall use the following cut-off levels: Initial test analyte Initial test cutoff Confirmatory test analyte Confirmatory test cutoff Marijuana metabolites 50 ng/m1 TCHA 15 ng/ml Cocaine metabolites 150 ng/m1 Benzoylecgonine 100 ng/ml Opiate metabolites Codeine/Morphine 2000 ng/ml Codeine 2000 ng/ml Morphine 2000 ng/m1 6-Acetylmorphine 10 mg/m1 6-Acetylmorphine 10 mg/ml Phencyclidine 25 ng/rnl Phencyclidine 25 ng/ml Amphetamines AMP/MAMP 500 ng/m1 Amphetamine 250 rig/m1 Methamphetamine^ 250 ng/ml MDMA 500 ng/ml MDMA 250 ng/ml MDA 250 ng/ml MDEA 250 nWm1 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. 71 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. c) If the test is positive, the employee may request, and shall be furnished, the information available regarding: L 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 outlines 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) years. 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 OCDSA or designee, a designated representative of the Human Resources Department, and the Sheriff's 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 OCDSA, the County, and the Sheriff's Office. VII. Consequences of Violating the Sheriffs 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 drug testing procedures. 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. 72 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. IX. 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 penally. Grievances shall be initiated at step three of the grievance procedure. 73 APPENDIX I) Attached here to is the Medical Options Comparison chart in effect for years 2019, 2020, and 2021. 74 IMPORTANT NOTE: This document is not a contract. It is intended to provide a comparison of available benefit options and to summarize the provisions and features of each plan. please refer to the Summary Ilan Document (SPD) to confirm coverage details. Every effort has been made to ensure the accuracy of this document. In the event that the information contained in this document differs from the SPD, the information contained within the SPD will prevail. This document does not establish or determine eligibility for benefits or procedures, nor does it constitute an amendment, modification or change to the SPD or to any existing contract. All coverage is subject to medical necessity guidelines as outlined in the SPD. " In order to be eligible for benefits as specified in the SPD, services received by a Covered Person must be administered or ordered by a Physician, be Medically Necessary for the diagnosis and treatment of an illness or injury and allowable/covered charges, unless otherwise specifically noted in the SPD. BENEFITS AVAILABLE TO ALL Medical Plan Options Comparison AVAILABLE TO ALL ONLY AVAILABLE TO AVAILABLE TO ALL AVAILABLE TO ALL EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES PPOI ASR Health Benefits www.asrhealthbenefits.coin PPO2 Blue Cross/Blue Shield PPO Community Blue Plan www.BCBSM.com PPO3 ASR Health Benefits www.asrhealthbenefits.com HIVIO Health Alliance Plan (HAP) www.HAP.org CURRENTLY ENROLLED TRADITIONAL Blue Cross/Blue Shield Traditional Plan (BC/BS) www.BCBSM.com Employee Bi-Weeldy Contributions $32 / $65 / $75 $42 / $70 / $85 $16 / $35 / $45 $32 / $65 / $75 $52 / $89 / $94 NO COVERAGE Option Refer to the 2019 Your Total Compensation Statement for (Earnings) amount. Network(s) HAP Alliance Health & Life PPO / Physicians Care / CIGNA / Multiplan Blue Cross/Blue Shield HAP Alliance Health & Life PPO / Physicians Care / CIGNA / Multiplan Health Alliance Plan - HMO Blue Cross/Blue Shield Deductible(s) $200 per person/ $400 per family per calendar year $100 per person/$200 per family per calendar year $250 per person/$500 per family per calendar year No Deductible $200 per person/ $400 per _ family per calendar year Coinsurance 0% for most services; 10% after deductible as noted. 10% after deductible as noted. 50% for private duty nursing. 20% after deductible as noted. 50% after deductible for private duty nursing. No Coinsurance 10% after deductible as noted. 25% for private duty nursing. _ Coinsurance Maximum $1,000 per person/family per calendar year. $500 per person/$1,000 per family per calendar year $1,000 per person/$2.000 per family per calendar year, Not Applicable $1,000 per person/family per calendar year. INPATIENT llosErrAL cARE General Conditions Semi-Private Drugs Intensive Care Unit Meals Hospital Equipment Special Diets Nursin Care 100%* 90% after deductible* 80% after deductible* 100%* Bariatric Copay; $1,000 100%* _ OUTPATIENT HOSPITAL CARE Emergency Room Care Accidental Injuries _. $100 copay $100 copay $100 copay, deductible and coinsurance may also apply for $100 copay $100 copay 90% after deductible* 60 combined visits per calendar year. 100%* Includes Speech Therapy and Occupational Therapy Up to 60 consecutive visits per benefit period. May be rendered at home. 90% after deductible* 60 combined or consecutive visits per calendar year. Physical Therapy 100%* 80% after deductible* Medical Plan Options Comparison AVAILABLE TO ALL AVAILABLE TO ALL AVAILABLE TO ALL AVAILABLE TO ALL ONLY AVAILABLE TO EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES CURRENTLY ENROLLED Prot PPO2 PPO3 HMO TRADITIONAL BENEFITS ASR Health Benefits Blue Cross/Blue Shield PPO Community Blue Plan ASR Health Benefits Health Alliance Plan Blue Cross/Blue Shield (HAP) Traditional Plan (BC/BS) www.asrhealthhenefits.com www.BCBSM.com www.asrhealthbenefits.com www.HAP.org www.BCBSM.com Medical Emergencies Copay waived for accidental Copay waived for accidental some services. Copay waived Copay waived if admitted Copay waived for accidental injury or if admitted injury or if admitted for accidental injury or if injury or if admitted admitted ITRGENT,CARE Urgent Care Visits 120 copay I $20 copay $20 copay $20 copay 90% after deductible* PREVENTATIVE. CARE SERVICES Routine Health 100%* 100%* 100%* 100%* 100%* Maintenance Exam — includes chest x-ray, EKG, cholesterol screening and other select lab procedures Routine Physical 100%* 100%* 100%* 100%* Routine Gynecological 100%* 100%* 100%* 100%* Exam Routine Pap Smear Screening — laboratory and pathology services 100%* 100%* 100%* Well-Baby Child Care Visits • 6 visits, birth through 12 months • 6 visits, 13 months through 23 months • 6 visits, 24 months through 35 months • 2 visits, 36 months through 47 months • Visits beyond 47 months are limited to one per member per calendar year 100%* Plan covers 8 visits (birth through 12 months). 100%* 100%* No limits on number of visits 100%* Plan covers 8 visits (birth through 12 months). BENEFITS AVAILABLE TO ALL Medical Plan Options AVAILABLE TO ALL Comparison AVAILABLE TO ALL AVAILABLE TO ALL ONLY AVAILABLE TO EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES PPO1 ASR Health Benefits www.asrheaithbenefits.eom PPO2 Blue Cross/Blue Shield PPO Community Blue Plan -www.BCBSIVI.eorn PPO3 ASR Health Benefits www.asrhealthbenelits.com HMO Health Alliance Plan (HAP) www.HAP.org CURRENTLY ENROLLED TRADITIONAL Blue Cross/Blue Shield Traditional Plan (BC/BS) www.BCBSM.com under the health maintenance exam benefit Adult and Childhood Preventive Services and Immunizations as recommended by the USPSTF, ACT?, HRSA 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 Sigmoidoseopy Exam 100%* 100%* 100%* 100%* 100%* _ Routine Prostate Specific 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. MENTAL HEALTH CARE Inpatient Mental Health l0%* 90% after deductible* 80% after deductible* 100%* 100%* Outpatient Mental Health Visits $20 cops), 90% after deductible* Office Visits $20 copay $20 copay $20 copay 100%* 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 ASR Health Benefits www.asrhealthbenefits.com PPO2 Blue Cross/Blue Shield PPO Community Blue Plan www.BCBSM.com PPO3 ASR Health Benefits www,asrhealthheneflts.com HMO Health Alliance Plan (HAP) www.HAP.org CURRENTLY ENROLLED TRADITIONAL Blue Cross/Blue Shield Traditional Plan (BC/BS) www.BC13SM.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 co t a $20 copay $20 copay 100%* In approved facilities only SPECIAL TIOSPITAL PROGRAMS Hospice Care 100%* 00%* 80% after deductible* Covered up to 210 days per lifetime. 100% of approved amount Specified Human Organ Transplants 100%* 90% to 100%* Covered according to plan guidelines. 80% after deductible* Covered according to plan guidelines. 00% in approved facilities IlITEDICAL AND SURGICAL CARE _ -, , — Surgery 100%* 90% after deductible* 80% after deductible* 100%* Voluntary second surgical opinion; $20 copy. 100%* 100%* Voluntary second surgical opinion on certain surgeries. 100%* Technical Surgical Assist. 100%* 90% after deductible 80% after deductible* Anesthesia 100%* 90% after deductible* 80% after deductible* 100%* 100%* Maternity Care Delivery 100%* 90% after deductible* 80% after deductible* 100%* Pre- and Post-Natal Care 100%* 100%* 100% for some pre-natal visits; otherwise 80% after deductible* 100% pre-natal visits* $20 copy post-natal visits 100% pre-natal visits 90% after deductible post-natal visits* Inpatient Medical Care 100%* 90% after deductible* 80% after deductible* 100%* 100%* 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* Diagnostic and Therapeutic Radiology 100% 90% after deductible* 80% after deductible* Covered* 90% after deductible* —ADDITIONAL BENEFITS Office Visits $20 copay $20 copay $20 copay $20 copay 90% after deductible* Chiropractic Care $20 copay Limited to 38 visits per calendar year. $20 copay Limited to 24 visits per calendar year. $20 copay Limited to 38 visits per calendar year. Not Covered 90% after deductible* Limited to 38 visits per calendar year. Allergy Testing 100%* I00%* 80% after deductible* $20 copay 90% after deductible* Allergy Therapy 100%* 100%* 80% after deductible* 100%* 90% after deductible Ambulance Services 90% after deductible* 90% after deductible* 80% after deductible* 100%* 90% after deductible* BENEFITS AVAILABLE TO ALL Medical Plan Options Comparison AVAILABLE TO ALL ONLY AVAILABLE TO AVAILABLE TO ALL AVAILABLE TO ALL EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES PPO1 ASR Health Benefits www.asrhealthbenefits.corn PPO2 Blue Cross/Blue Shield PPO Community Blue Plan www.BCBSM.corn PP03 ASR Health Benefits www.asrhealthbenefits.com HMO Health Alliance Plan (HAP) www.HA P. org CURRENTLY ENROLLED TRADITIONAL Blue Cross/Blue Shield Traditional Plan (BC/BS) www.BCBSIVI. tom Durable Medical Equipment , 90% after deductible* 90% after deductible* 80% 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 100%* 90% after deductible* 80% after deductible* 100% Up to 730 days renewable after 60 days* I 00%* Assisted Reproductive Treatment • Not Covered Not Covered Not Covered 1.00%* One attempt of artificial insemination per lifetime. Not Covered Voluntary Sterilization and FDA Approved Contrace u tive Methods 100%* 100%* 100%* 100%* 100%* . , Out of Network Services . , , . In general, Plan pays 85% of approved amount less applicable copays. 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 Payment ofCovered Services Preferred (Network) Hospitals; Preferred (Network) Hospitals: Preferred (Network) Hospitals: Copays as noted. Participating Hospitals: 100% of covered benefits. Non-Network Hospitals: 90% of covered benefits, after deductible. Non-Network Hospitals: 80% of covered benefits, less applicable deductible. Non-Network Hospitals: 100% of covered benefits Non-participating Hospitals: 85% of approved payment amount Preferred (Network) Physicians - Inpatient care in acute-care hospital - $70 a day. Inpatient care in other hospitals - $15 a day. Medicare Surgical; 70% o f approved payment amount after out-of-network deductible. Preferred (Network) Physicians: 65% of approved payment amount, after deductible. Preferred (Network) Physicians - Outpatient: 100% after $20 copay. Non-network Physicians - Outpatient: Outpatient: 100% after $20 copay. Non-network Physicians: 100% after $20 copay. Non-network Physicians - 100% of BCBSM's approved amount. , 85% of approved payment amount after $20 copay. 70% of approved payment amount after out-of-network deductible and $20 copay. Outpatient: 85% of approved payment amount after $20 copay. BENEFITS AVAILABLE TO ALL Medical Plan Options Comparison AVAILABLE TO ALL ONLY AVAILABLE TO AVAILABLE TO ALL AVAILABLE TO ALL EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES PPM ASR Health Benefits www.asrhealthbenefits.com PPO/ Blue Cross/Blue Shield PPO Community Blue Plan www.BCBSM.corn PPO3 ASR Health Benefits www,asthealthbenctits.com HMO Health Alliance Plan (HAP) www.HAP.orz CURRENTLY ENROLLED TRADITIONAL Blue Cross/Blue Shield Traditional Plan (BC/BS) www.BCBSM.com NOTE: Hearing aids and services are not cove -ed under any Oakland County medical plans. P ' SCRIPTI I N DR FROG Retail Prescription Carrier • _ Navitus WWW.11aViMS.COM Navitus WWW. nay it us. co m Navitus www.navitus.com Health Alliance Plan ,,vww.HAP.org Navitus www.navitus.corn Mail Order Prescription Carrier NoviXus www.novixus.eorn NoviXus www.novixus.corn NoviXus www.novixtis.com Pharmacy Advantage wwrw.PharmaevAdvantageR NoviXus www.novixos.com x.com Participating/Network Pharmacies Covered / Copays: Tier 1: $5 Most Generics/Some Brands; Tier 2: $20 Preferred Brands/Some Generics; Tier 3: $40 Non-Preferred products (could include both brand and generic) Select Birth Control pills covered $0 copay. Covered / Copays: Tier 1: $5 Most Generics/Some Brands; Tier 2: $20 Preferred Brands/Some Generics; Tier 3: $40 Non-Preferred products (could include both brand and generic) Select Birth Control pills covered $0 copay. Covered / Copays: Tier 1: $5 Most Generics/Some Brands; Tier 2: $20 Preferred Brands/Some Generics; Tier 3: $40 Non-Preferred products (could include both brand and generic products) Select Birth Control pills covered $0 copay. Covered / Copays: Tier 1: $5 Most Generic; Tier 2: $20 Select Brand name; Tier 3: $40 Non-Preferred. Select Birth Control pills covered $0 copay. Covered / Copays: 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 copay. Non-Participating/Non- Network Pharmacies Paid at the in-network cost, less $5, $20 or $40 copay. Paid at the in-network cost, less $5, $20 or $40 copay. Paid at the in-network cost, less $5, $20 or $40 copay. Not Covered. Paid at the in-network cost, less $5, $20 or $40 copay. Maintenance Drugs Maintenance drugs taken on a long-term basis can be filled as a three-month supply for a one- month copay through either the Mail Order Drug carrier or at a retail pharmacy. Maintenance drugs taken on a long-term basis can be filled as a three-month supply for a one-month eopay through either the Mail Order Drug carrier or at a retail pharmacy. Maintenance drugs taken on a long-term basis can be filled as a three-month supply for a one-month copay through either the Mail Order Drug carrier or at a retail pharmacy. Maintenance drugs taken on a long-term basis — a 30 or 90-day supply, whichever is greater, 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-term basis can be filled as a three-month supply for a one-month copay through either the Mail Order Drug carrier or at a retail pharmacy. Medical Plan Options Comparison BENEFITS Note: While in the hospital, drugs are covered under your medical plan. AVAILABLE TO ALL EMPLOYEES ASR Health Benefits www.asrheaIthbenefits.com 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 be responsible for the Tier 3 copay. AVAILABLE TO ALL EMPLOYEES PPO2 Blue Cross/Blue Shield PPO Community Blue Plan www.BCBSM.com 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 be responsible for the Tier 3 eopay. AVAILABLE TO ALL EMPLOYEES PPO3 ASR Health Benefits www.asrhealthbenefits.com 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 be responsible for the Tier 3 copay. AVAILABLE TO ALL EMPLOYEES HMO If you request a prescription be filled with a brand name drug and there is a generic available, you will be responsible for the full 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. ONLY AVAILABLE TO EMPLOYEES CURRENTLY ENROLLED TRADITIONAL 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 be responsible for the Tier 3 copay. Health Alliance Plan Blue Cross/Blue Shield (HAP) Traditional Plan (BC/BS) www.BCBSM.com MISC. #18382) FISCAL NOTE ( November 14, 2018 BY: Commissioner Thomas Middleton, Uhairperson, Finance Committee IN RE: HUMAN RESOURCES DEPARTMENT — FISCAL YEARS 2019, 2020 AND 2021 COLLECTIVE BARGAINING AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY DEPUTY SHERIFF'S ASSOCIATION, (OCDSA), REPRESENTING CORRECTIONS AND COURT SERVICES 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 Deputy Sheriff's Association (OCDSA), covering approximately 350 Sheriff's Department positions have negotiated a three (3) year Collective Bargaining Agreement for the period of October 1, 2018 through September 30, 2021. 2. This agreement includes a 2% wage increase for each of the three fiscal years or a "Me Too" with the general, non-represented employees if a greater increase is approved. The FY 2019 salary and fringe benefit adjustments are included in the adopted budget. The FY 2020 salary increase is 1% more than the adopted budget and estimated to cost $196,074 for salaries and $81,567 for fringe benefits. The FY 2021 salary increase is 1% more than the adopted budget and estimated to cost $398,030 for salaries and $165,581 for fringe benefits. 3. The agreement provides for an increased Deferred Compensation Match, currently at $1,000 for members of this bargaining unit participating in the County's 457 Deferred Compensation program. Effective January 1, 2019 the match will be $1,500 and estimated to cost $110,000; effective January 1, 2020 the match will be $2,000 and estimated to cost $220,000; effective January 1, 2021 the match will be $2,500 and estimated to cost $330,000. 4. The agreement provides for an increase in an employee's Retiree Health Savings Plan, currently at $75 per pay period for members of this bargaining unit. Effective January 1, 2019 the contribution increases to $100 per pay period and estimated to cost $105,950; effective January 1, 2020 the contribution increases to $115 per pay period and estimated to cost $169,520; effective January 1, 2021 the contribution increases to $125 per pay period and estimated to cost $211,900. 5. The agreement also provides that for the duration of this Collective Bargaining Agreement all employees represented by this bargaining unit shall receive any healthcare benefit and/or retirement benefit modifications implemented on a countywide basis to general, non-represented employees at the same time and in the same manner. 6. The agreement includes an increase in the Physical Fitness Incentive Program from $100 to $125 for each deputy that qualifies and sufficient funding is available in the Fringe Benefit Fund (#67800) to cover the increase. 7. A budget amendment is recommended as follows: GENERAL FUND #10100 Revenue 9010101-196030-665882 Planned Use of Balance Total Revenues FY 2019 FY 2020 FY 2021 $ 0 $277,641 $563,611 $0 $277,641 $563,611 Expenditures 4030301-112620-702010 4030301-112620-722900 Salaries Regular Fringe Benefit Adjustment Total Expenditures $ 0 $196,074 0 81,567 $277,641 $398,030 165,581 $663,611 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. FRINGE BENEFIT FUND #67800 Expenses 9011501-183190-730499 Deferred Comp-County Payments $110,000 $220,000 9011501-183190-731645 Retirement Health Savings 105,950 169,520 9011501-183190-796500 Budgeted Equity Adjustment ($215,950) ($389,520) Total Expense 0 $ $330,000 211,900 ($541,900) 0 (7) ommissioner Thomas Middleton, Distrior#4 Chairperson, Finance Committee Resolution #18382 November 14, 2018 Moved by Crawford supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I HUIEBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45,559A (7) 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 November 14, 2018, 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 14th day of November, 2018. Lisa Brown, Oakland County