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HomeMy WebLinkAboutResolutions - 2003.09.18 - 27330r September 4, 2003 MISCELLANEOUS RESOLUTION #03238 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT — FISCAL YEAR 2001-2003 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY DEPUTY SHERIFF'S ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Oakland County Deputy Sheriffs Association (OCDSA) have been negotiating a 2 year contract covering approximately 720 Sheriffs Department employees including Deputy 1 (primarily assigned to the jail), Deputy II (primarily assigned to the road) and Sheriff Communication Agents (dispatch); and WHEREAS a 2—year agreement has been reached for the period October 1, 2001, through September 30, 2003, and said agreement has been reduced to writing; and WHEREAS this agreement provides for a 4% increase for Fiscal Year 2002 for Deputy I and Deputy II and a 5.5% increase for Sheriff Communication Agents; a 1.5% increase with the pay period beginning September 21,2002, and a 1.5% increase with the pay period beginning March 22, 2003; and WHEREAS the agreement has been reviewed by your Personnel Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and Oakland County Deputy Sheriffs Association, covering the period of October 1, 2001, through September 30, 2003, 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 Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Personnel Committee Vote: Motion carried on unanimous roll call vote Summary of Agreement Between Oakland County and Oakland County Deputy Sheriffs Association 7/30/03 Duration: 2-year agreement (October 1, 2001 - September 30, 2003) Wages: FY 2002 Effective with the pay period beginning September 22, 2001: Classifications of Deputy I/II, Arson Investigator, Crime Lab Specialist I/II shall receive a 4% increase. Sheriff Communication Agent and Sheriff Communication Shift Leader shall receive a 5.5% increase. FY 2003 1.5% effective with the pay period beginning September 21, 2002 1.5% effective with the pay period beginning March 22, 2003 New Deputy I salary schedule effective with the pay period beginning September 6, 2003. Base 1 year 2 year 3 year 4 year 5 year 6 year 30,735 33,262 35,291 38,648 42,634 45,902 50,446 All Deputy Is shall be moved to the new salary schedule, the pay period following the execution of the agreement as follows: Those at the base and 1 year step shall move to the base of the new schedule. Those at the 2 year step shall move to the 1 year step of the new schedule. Those at the 3 year step shall move to the 2 year step of the new schedule. Those at the 4 year step shall move to the 3 year step of the new schedule. Those at the 5 year step shall move to the 4 year step of the new schedule. Those at the 6 year step shall move to the 5 year step of the new schedule. Those at the 7 year step shall move to the 6 year step of the new schedule. The move to the new salary schedule will not impact an employees date to be eligible for their next merit increase. Benefits: Effective with the pay period following the execution of this agreement the retirement contributions for those employees hired on or after 5/27/95: The County shall contribute 9% of base wages to the the Defined Contribution Retirement Plan and the employee shall contribute 3% of base wages to the Retirement Plan. Contractual — Non-Economic Amend VII SENIORITY to — "Effective with the execution of this agreement as a condition of hire/promotion, all employees hired/promoted as a Deputy I, must complete any test used by MCOLES as a minimum criteria for becoming a police officer." Add new paragraph to IX PROMOTIONS: Deputy-I's who were hired or promoted to Deputy-I prior to February 27, 1999, shall be eligible to apply for the promotional examination for Deputy-II without completing testing required by MCOLES as a minimum criteria for becoming a police officer. These Deputy-I's may be certified on an eligible list only for those vacancies specified by the Sheriff as Corrections positions. Change XI GENERAL CONDITIONS, Section Ito read "Except as otherwise provided herein, the employees in the classification of Deputy I and Deputy II shall in or before their seventh year of service with the Oakland County Sheriff's Department be entitled to attend the police academy, with the scheduling of their attendance at the sole discretion of the Sheriff." Amend XIV HOLIDAY SCHEDULING to include Oxford, Frank Grennan, Royal Oak Township, and any other recognized work location. XV LOCATION PREFERENCE (2) F. Delete station desk officer and Trustee Camp from the areas the Sheriff has sole authority on assignment. Amend XV LOCATION PREFERENCE (3) A. to "To request a location a deputy must have at least one (1) year seniority and be on active duty or worker's compensation, and have merit system status in the required classification." Change XVI SHIFT PREFERENCE A. to "Shift Preference, based on seniority, will be allowed twice per year in the pay period beginning closest to April 1 and October 1." Add XVI SHIFT PREFERENCE F 'Each employee may submit Option A and Option B requests pursuant to established practice. Option A shall be to bid for a particular shift at the employee's location. Option B shall be to bid for a shift and fill a vacancy according to seniority, without regard to location or division. The same policy and practice shall apply to correction bids for days off (same as shift preferences)." Change XVIII OVERTIME (4) To "On or before the fifth (5 th) day preceding a work schedule change, employees volunteering to work overtime during the next work schedule period shall sign a voluntary overtime list. When signing the list, the employee shall indicate the days and shifts he/she is volunteering to work overtime. The employee may modify his/her voluntary overtime availability by providing 24 hour written notice of such change to his/her sergeant or, in communications, the Communications Shift Leader. Change XVIII OVERTIME (5) to "Overtime at a work location shall be offered to employees at that location who have signed the voluntary overtime list in order of seniority and in accordance with their designated availability. To the extent practicable, voluntary overtime shall be equalized on a work schedule period basis for employees within a work location. Both those opportunities worked or refused shall be counted for purposes of equalization. Such opportunities shall be posted weekly for employee review. Work locations under these provisions shall be . . . " Change XVIII OVERTIME (5) to add MCOLES certified Crime Lab, Arson & Warrants as a location for overtime equalization. Non-contractual, non-economic Provide letter of clarification regarding current leave practice. It is permissible to work a second shift assigned to a hospital watch. Sergeant qualifications will be changed to: "Applicants must have three years as a Deputy II OR two years as a Deputy II and two additional years of full time law enforcement experience." . , 4 * I 1 THE COUNTY OF OAKLAND AND OAKLAND COUNTY DEPUTY SHERIFF'S ASSOCIATION SHERIFF'S DEPARTMENT EMPLOYEES Collective Bargaining Agreement 2001 - 2003 AGREEMENT 1 This agreement is made and entered into this day of , A.D., 2003, by and between the Oakland County Sheriff and the Oakland County Board of Commissioners, hereinafter referred to collectively as the "Employer", and the Oakland County Deputy Sheriffs 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 Sheriffs Department, for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment and other terms and conditions of employment, in the following bargaining unit for which they have been certified, and in which the Union is recognized as collective bargaining representative, subject to and in accordance with the provisions of Act 336 of the Public Acts of 1947 as amended. All Deputy I, Deputy II, Crime Laboratory Specialists I and II, Sheriff Communications Agents, Sheriff Communication Shift Leaders, Police Para-Professionals, and Arson Investigators, but excluding Supervisors and all other employees. MANAGEMENT RESPONSIBILITY The right to hire, promote, discharge or discipline, and to maintain discipline and efficiency of employees, is the sole responsibility of the Employer except that Union members shall not be discriminated against as such. In addition, the work schedules, methods and means of Department operations are solely and exclusively the responsibility of the Employer, subject, however, to the provisions of this Agreement. 1 III. AGENCY SHOP The following provision was awarded to the Union by Chairman LoCicero in an Act 312 compulsory arbitration proceeding and not included here by negotiations. (a) All employees, as a condition of employment, shall be required to pay to the Union an amount equivalent to the Union's regular dues commencing with the first pay period ending in the calendar month following completion of thirty (30) days of employment. Such payments may be made as dues deductions as set forth in this section and paid directly to the Union in accordance with the Constitution and Bylaws of the Union. (b) Employees not members of the Union and who desire membership in the Union shall confirm their desire to join by initiating their Union application form and dues deduction authorization forms. (c) Any person who is employed with the County prior to the effective date of this provision and is covered by this provision who is not a member of the Union and who does not make application for membership within forty-five (45) calendar days after the effective date of this provision shall, as a condition of employment, pay to the Union each month a service charge as a contribution toward the administration of this Agreement in an amount equal to the regular Union membership dues. Employees who fail to comply with this requirement shall be discharged by the Employer within thirty (30) calendar days after receipt of written notice to the Employer from the Union, unless the Employer is otherwise notified by the Union in writing within said thirty (30) calendar days. (d) Any person who becomes an employee of the County after this provision of the agreement is in effect, and is covered by this Agreement, and is not a member of the Union, and does 2 not make application for membership within forty-five (45) calendar days from the date of employment shall, as a condition of employment, pay to the Union each month a service charge as a contribution toward the administration of this provision in an amount equal to the regular monthly Union membership dues. Employees who fail to comply with this requirement shall be discharged by the Employer within thirty (30) calendar days after receipt of written notice to the Employer from the Union, unless the Employer is otherwise notified by the Union in writing within said thirty (30) calendar days. (e) The Employer agrees to deduct from the wages of bargaining unit employees all Union membership dues, initiation fees, and assessment uniformly required, if any, as provided in a written authorization, in accordance with the standard form used by the Employer provided that said form shall be executed by the employee. Dues and initiation fees will be authorized, levied, and certified in accordance with the Constitution and Bylaws of the Union. Each bargaining unit employee and the Union hereby authorize the Employer to rely upon and to honor certifications by the treasurer of the Union regarding the amounts to be deducted and the legality of the adopting action specifying such amounts of the Union dues and initiation fees. The Employer agrees to deduct from the wages of any bargaining unit employee who is not a member of the Union all Union service fees as provided in a written authorization in accordance with the standard form used by the Employer provided that said form shall be executed by the employee. (g) All dues and service for deductions shall be remitted to the treasurer of the Union, the same to be by the Union allotted and distributed in accordance with the Constitution, Bylaws and regulations of the Union. On the request of the Employer, the treasurer of the Union shall furnish (f) 3 the Employer a receipt for all dues received. (h) The Union will protect and save harmless and defend 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 the Agency Shop Clause of this Agreement. IV. BASIS OF REPRESENTATION Section 1 There shall be one steward and an alternate steward for each shift. Stewards will be permitted to leave their work, after obtaining approval of their respective supervisors and recording their time, for the purpose of adjusting grievances in accordance with the grievance procedure and for reporting to the grievant a change in status of his grievance. Permission for stewards to leave their work stations will not be unreasonably withheld. Stewards will report their time to their supervisor upon returning from a grievance discussion. The privilege of stewards to leave their work during working hours, without loss of pay, is extended with the understanding that the time will be devoted to the prompt handling of grievances and will not be abused, and that they will continue to work at their assigned jobs at all times except when permitted to leave their work to handle grievances. Section 2 There shall also be one Chief Steward and one alternate Chief Steward. Section 3 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 4 grievance committee. The purpose of the grievance committee meetings will be to adjust pending grievances and to discuss procedures for avoiding future grievances. In addition, the committee may discuss with the Employer other issues which would improve the relationship between the parties. Section 4 The following provision was awarded to the Union by Chairman LoCicero in an Act 312 compulsory arbitration proceeding and is not included here by negotiations. The Local Union President shall, at his option, be scheduled on the day shift, Monday through Friday. The Local Union President may conduct Union business at the Department, however, he shall not leave his work area without the permission of his 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 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 will continue to work at his assigned job at all times except when permitted to leave his work. 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 problem or grievance to the attention of his immediate supervisor, with or without his steward 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. The immediate supervisor shall attempt to resolve the grievance informally. If the matter is not resolved, 5 the grievance may be brought to the attention of the Chief of Staff who will attempt to resolve the grievance informally with the union steward. Suspensions, demotions and disciplinary actions other than dismissals shall not be subject for the grievance procedure but shall be processed according to the procedures of the Personnel Appeal Board. Dismissals are to be heard only by an arbitrator. The list of rotating arbitrators will be canvassed to obtain the earliest available date. The arbitrator must complete the hearing and render a decision within ninety (90) calendar days unless the Union shall establish that the delay, though caused by the Employee or Employee's representative, was caused by just and reasonable cause. 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 grievant and submitted to his immediate supervisor within the aforementioned 45 calendar days. Step 2 The written grievance shall be discussed between the shift steward and the immediate supervisor, and the Chief Steward if so desired. The supervisor will attempt to adjust the matter and will give his written decision within five (5) days (excluding Saturday, Sunday and holidays) of receipt of the written grievance. Step 3 Any grievance not settled at Step 2 may be submitted to the next meeting of the grievance committee. Any grievance not submitted to the next grievance committee meeting, by written notification to the Employer within five (5) days of the immediate supervisor's written decision, shall be considered dropped. 6 Any matter not settled in Step 3 of the grievance procedure may be submitted to final and binding arbitration by either of the parties. A request for arbitration must be submitted by written notice to the other party within fifteen (15) days after the grievance committee meeting. Expenses for arbitration shall be borne equally by both parties. The grievances upon which arbitration has been demanded shall be referred to one of the following arbitrators in accordance with the date of the written grievance, the oldest grievance being referred first: 1. Benjamin Wolkinson 2. Paul Glenden 3. Mario Chiesa 4. Elliott Beitner •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 a wage rate. The arbitrator shall be bound by the express provisions of this Agreement. Expenses for 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 time limits may be extended by mutual agreement of the parties. In the event the 7 , 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 Local, 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; (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 New employees may acquire seniority by working six (6) 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 name shall be placed on the seniority list in the order of his 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 ). An up-to-date seniority list shall be furnished to the Union every six (6) months. 8 $ An employee shall lose his seniority for the following reasons: (a) If the employee resigns or retires; (b) If the employee is discharged, and not reinstated; (c) If the employee is absent form work for three (3) working days without properly notifying the Employer, unless a satisfactory reason is given; (d) If the employee does not return to work at the end of an approved leave; (e) If the employee does not return to work when recalled from a layoff. (f) If the employee is transferred or promoted out of the bargaining unit and subsequently returns to the bargaining unit after completion of probation in the new classification, the employee shall lose seniority for purposes of shift bump, location preference, overtime, and vacation requests. Effective with the execution of this agreement as a condition of hire/promotion, all employees hired/promoted as a Deputy I, must complete any test used by MCOLES as a minimum criteria for becoming a police officer. VIII. LAYOFF, RECALL, AND TRANSFERS (a) If and when it becomes necessary for the employer to reduce the number of employees in the work force, the employees will be laid off in seniority order, with higher-classified bargaining unit personnel bumping lower-classified bargaining unit personnel based on departmental seniority and on capability of performing available jobs and shall be recalled in the same order. (b) If and when an employee is permanently transferred to another division within the Department, the president or chief steward shall be notified of said transfer by the Employer. IX. PROMOTIONS All promotions within the bargaining unit shall be made on the basis of competitive examination as provided for in the Oakland County Merit System. The Sheriff will make his 9 selection for promotion from the three highest-ranking candidates who have passed the promotional examination. Employees when promoted will be placed on the lowest step in the new class which provides an increase over their current rate. Deputy-I's who were hired or promoted to Deputy-I prior to February 27, 1999, shall be eligible to apply for the promotional examination for Deputy-II without completing testing required by MCOLES as a minimum criteria for becoming a police officer. These Deputy-I's may be certified on an eligible list only for those vacancies specified by the Sheriff as Corrections positions. X. FALSE ARREST INSURANCE Employees covered by this Agreement shall be provided by the Employer a policy of False Arrest Liability Insurance. The premiums for such insurance will be paid by the County. XI. GENERAL CONDITIONS Section 1 Except as otherwise provided herein, the employees in the classification of Deputy I and Deputy II shall in or before their seventh year of service with the Oakland County Sheriffs Department be entitled to attend the police academy, with the scheduling of their attendance at the sole discretion of the Sheriff. Section 2 The Department will send each calendar year a minimum of ten (10) Deputy Is and/or Deputy II's to a MLEOTC certified police academy. Section 3 The provisions of this Agreement shall be applied equally and without favoritism to all 10 employees in the bargaining unit. There shall be no discrimination as to age, sex, marital status, race, color, creed, national origin or political affiliation. The Union shall share equally with the Employer the responsibility for applying this provision of the Agreement. Section 4 The re-employment rights of the employees and probationary employees who are veterans will be limited by applicable laws and regulations. Section 5 Employees elected to any permanent full-time Union office or selected by the Union to do work which takes them from their employment with the County, shall at the written request of the Union be granted a leave of absence without pay. The leave of absence shall not exceed two (2) years, but it shall be renewed or extended for a similar period any time upon the written request of the Union. Section 6 When any position not listed on the wage schedule is filled or established, the County may designate a job classification and rate structure for the position. In the event the Union does not agree that the classification, rate or structure is proper, the Union shall have the right to submit the issue as a grievance through the grievance procedure within a six (6) month period. Section 7 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. Section 8 Except in disciplinary matters or exigent circumstances, any shift transfer shall require at 11 least five (5) days notice. XII. SCHEDULING LEAVE (1) Except in exigent circumstances not reasonably expected to exceed thirty (30) days, a minimum of ten (10%) percent of the bargaining unit employees at a job location shall be permitted to take annual leave, holiday leave, and/or personal leave at the same time. (2) Employees submitting written requests for annual, holiday, 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, holiday, and personal leave for the applicable periods; provided, however, that leave requests of three (3) days or more in duration shall be scheduled first. (3) Annual, holiday, and personal leave may also be requested any time, subject to availability under Sections 1 and 2, 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 (2) or more requests are received at the same time, seniority shall prevail. (4) 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 involving at least three (3) consecutive days, the Employee may only cancel the leave with ten (10) days advance notice. The Employer may waive this notice requirement, or permit partial cancellation of a scheduled leave, upon a showing of good cause. XIII. HOLIDAY LEAVE Effective with the final ratification of this agreement, the provisions of the Oakland County Merit System in the Oakland County Employee's handbook concerning holidays, holiday pay, 12 , premium pay on holidays, and overtime on holidays, shall not apply to members of the bargaining unit with respect to President's Day, Labor Day and the day after Thanksgiving Day. Effective the first pay period following December 1 of each year, bargaining unit members shall receive five (5) days of holiday leave. Employees hired after December 1 shall receive one (1) day of holiday leave for each quarter annual period, or part thereof, between their date of hire and November 30 (i.e., an employee hired on May 1 would receive three (3) days of holiday leave). Scheduling and use of holiday leave shall be subject to the following restrictions: (1) Holiday leave shall be used and scheduled in the same manner as annual leave, except that an employee may only use holiday leave when his/her annual leave accumulation is less than two-thirds of the maximum accumulation. (2) Employees may not accumulate holiday leave from one year to the next year. Employees shall be paid for any unused holiday leave for the period December 1 to November 30 on the first payday following the end of the pay period which includes November 30. Payment for unused holiday leave shall be at the employee's straight time rate of pay on November 30. Employees separating from County service or leaving the bargaining unit for other reasons shall be entitled to one (1) day of holiday leave for each quarter annual period or part thereof between their date of separation or leaving the bargaining unit and the prior December 1 (i.e., an employee separating or leaving the bargaining unit June 1 would be entitled to three (3) days of holiday leave for that annual period). Should a separating employee have used more holiday 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. (3) December 1 - February 28 March 1 - May 31 June 1 - August 31 September 1 - November 30 = 1st quarter = 2nd quarter = 3rd quarter = 4th quarter Employees separated from County service shall be paid at separation for their unused accumulation of Holiday Leave at the salary rate the employee is being paid on his or her final day of actual work. 13 (4) The one floating holiday which all employees have enjoyed in the past will not be subject to the above regulations, but will continue to be governed by the provisions of Merit Rule 26.1.2. XIV. HOLIDAY SCHEDULING (1) At least 10 days prior to a holiday, as defined in Merit Rule 26, 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: A.) Main Jail B.) Jail Annex C.) Southfield Annex D.) Work Release E.) D Building F.) L Building G.) Trustee Camp H.) Boot Camp I.) Circuit Court Building and Complex Patrol J.) Protective Services Division 1.) Addison 2.) Oakland 3.) Orion 4.) Independence 5.) Commerce 6.) Lyon 7.) Springfield 8.) Highland 9.) Brandon 10.) Rochester Hills 11.) Parks 12.) Oxford 13.) Royal Oak Township K.) Communications L.) Frank Grennan M.) Any other recognized work location. 14 (2) If staffing requirements for the holiday are less than normal staffing requirements, the Employer shall use the following criteria to fill the available positions: A. 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. B. Holiday assignments shall be made by work location by classification with Deputy I positions filled by Deputy I employees and Deputy II positions filled by Deputy II employees. These assignments shall not be interchangeable between classifications under this procedure. C. 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. (3) All existing Merit Rules governing pay for holidays shall continue to apply except as modified by this Agreement. XV. LOCATION PREFERENCE (1) Except as otherwise provided herein, seniority employees may make applications for location preference in the same classification in which they are working at the time of application. (2) "Location" for the purpose of location preference shall mean each regular assignment in Protective Services or Corrections, including each substation, Traffic, Alcohol Enforcement, CRT, Parks, Civil Division, Main Jail, Annex, Court Detail, Southfield Jail, Circuit Court, Frank Grennan, "L" Building, Work Release, Marine Division, Complex Patrol, and Visitation. (3) Requests for location preference shall be subject to the following criteria: A. To request a location a deputy must have at least one (1) year seniority and be on 15 active duty or worker's compensation, and have merit system status in the required classification. B. Any deputy transferred pursuant to his/her request shall be ineligible to submit another request for location preference for twelve (12) months. This twelve month period may be waived by the Sheriff upon presentation by the deputy of extenuating circumstances acceptable to the Sheriff. C. A deputy who has refused a requested location preference is ineligible for location preference request for twelve (12) months. D. All location preference requests shall automatically expire one (1) year from the date of the request, unless earlier terminated by written request of the deputy. E. Employees desiring a location assignment 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. F. The Sheriff shall have the sole authority to make the final decision on the assignment of deputies in the Technical Services Division, and for patrolman investigator, weighmaster, and motorcycle positions and school liaison officer. The Sheriff shall also have sole authority to make the final decision on the assignment of deputies to Boot Camp and Marine Division. G. Qualified Corrective Services personnel shall be eligible to bid for Deputy I road patrol positions. H. Notwithstanding anything herein to the contrary, the Sheriff may transfer a deputy from a contracted area or court detail when requested in writing to do so by a contracting mayor or township supervisor, or by a court judge, as the case may be. (4) On October 1 of each odd numbered year, a qualified deputy requesting a location assignment will be assigned to the location he/she requested, provided he/she has seniority greater than other deputies requesting that assignment. Only written requests on file as of September 1 will be honored. The Sheriff may limit the number of transfers to a specific location to one-half (1/2) of the bargaining unit members at such location during this bid process. With respect to Court Detail only (Lobby and Hall Courthouse detail excluded), the Sheriff may limit the number of transfer 16 requests honored to six Deputy I positions and two Deputy II positions during this bid process. Court Detail shall include assignments to Circuit, Probate, and District Courts. 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 request for appropriate reasons, but the Sheriffs approval shall not be unreasonably withheld. The affected deputy shall be provided, upon written request, oral and written explanation for the location preference denial. (6) Whenever a 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 shall assign the least senior qualified deputy to the vacancy. (7) Within thirty (30) working days after first being transferred to a new position, 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. (5 ) 17 (8) Deputies granted a location preference under these procedures shall not be involuntarily transferred from such position without good cause for a period of two (2) years; provided, however, that nothing herein shall limit the Sheriff from transferring a deputy who has been granted a location request once during said two (2) years for a period not to exceed ninety (90) days for administrative, instructional, or training purposes, or to meet exigent circumstances. The deputy shall be returned to his/her regular assignment not later than ninety (90) days from the date of initial transfer. XVI. SHIFT PREFERENCE All employees shall be entitled to shift preference selection subject to the conditions as stated below: A. Shift preference, based on seniority, will be allowed twice per year in the pay period beginning closest to April 1 and October 1. B. Every employee shall submit a shift preference request letter one (1) month in advance of the mutually agreed upon shift change dates. C. All shift preferences are subject to the Sheriffs approval. It is understood that he will not unreasonably withhold such approval. D. 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. E. Shift preference selection shall, in no manner, alter or infringe upon the Sheriffs sole and exclusive authority to determine job assignments within each work location in accordance with his professional judgment. F. Each employee may submit Option A and Option B requests pursuant to established practice. Option A shall be to bid for a particular shift at the employee's location. Option B shall be to bid for a shift and fill a vacancy according to seniority, without regard to location or division. The same policy and practice shall apply to correction bids for days off (same as shift preferences). 18 ( XVII. SPECIAL ASSIGNMENTS (1) The positions of patrolman investigator, weighmaster, motorcycle officer, school liaison officer, station desk officer, and the positions currently assigned to Technical Services Division shall be deemed "special assignments". (2) In order to be eligible for a special assignment, an employee must have, in addition to the minimum qualifications as determined by the Employer and provided to the Union, a minimum of three (3) years of seniority within the department, with at least one (1) year of experience in the Protective Services Division. If no qualified deputy meets the minimum seniority and experience requirements as listed above, these qualifications shall be waived. Whenever a vacancy exists in special assignment position, that vacancy shall be filled from a list compiled from the officers' time-stamped Letter of Interest, on forms provided by the union, provided the officers meet the minimum qualifications as described in Paragraph 2 above. Copies of Letters of Interest should be sent to the secretary of the Union by the deputy making the request. Employees offered a special assignment shall be given a description of the assignment, the length of the assignment and the minimum qualifications. The Sheriff shall make the final decision on the assignment, taking into consideration the length of service and the ability of each applicant to perform the assignment. Upon selection of the person or persons to be assigned, the Sheriffs decision shall be sent to the Union, together with a description of the position, the anticipated length of the assignment and the minimum qualifications for the assignment. (3) 19 XVIII. OVERTIME (1 ) In order to make the allocations of overtime equitable and maintain the requirement of proper staffing, the following procedures shall be utilized for those represented positions in each division. (2) 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. Overtime shall first be offered to employees who volunteer to work such overtime under these procedures. If there are insufficient volunteers under these procedures, employees shall then be ordered to work overtime. (4) On or before the fifth (5 th) day preceding a work schedule change, employees volunteering to work overtime during the next work schedule period shall sign a voluntary overtime list. When signing the list, the employee shall indicate the days and shifts he/she is volunteering to work overtime. The employee may modify his/her voluntary overtime availability by providing 24 hour written notice of such change to his/her sergeant or, in communications, the Communications Shift Leader. (5) Overtime at a work location shall be offered to employees at that location who have signed the voluntary overtime list in order of seniority and in accordance with their designated availability. To the extent practicable, voluntary overtime shall be equalized on a work schedule period basis for employees within a work location. Both those opportunities worked or refused shall be counted for purposes of equalization. Such opportunities shall be posted weekly for employee review. Work locations under these provisions shall be: (3) 20 A.) Main Jail B.) Jail Annex C.) Southfield Annex D.) Work Release E.) D Building F.) L Building G.) Trustee Camp H.) Boot Camp I.) Circuit Court Building and Complex Patrol J.) Protective Services Division 1.) Addison 2.) Oakland 3.) Orion 4.) Independence 5.) Commerce 6.) Lyon 7.) Springfield 8.) Highland 9.) Brandon 10.) Rochester Hills 1 1 .) Parks K.) Communications L.) MCOLES certified Crime Lab M.) Arson N.) Warrants (6) If an employee declines overtime that is offered in accordance with the voluntary overtime list, the employer shall strike that employee's name from the voluntary overtime list for the remainder of the work schedule period. (7) If the employer cannot obtain sufficient employees from the voluntary overtime list to work overtime at a work location, the overtime shall be offered to employees in the following order: A.) Employees within the division (i.e., Corrective Services/Main, Corrective Services/Satellite or Protective Services) who have signed the voluntary overtime list 21 in order of seniority and in accordance with their designated availability. B.) For overtime within main corrections who have signed the voluntary overtime list in order of seniority and in accordance with their designated availability. C.) Employees willing to work overtime. (This may include employees not currently on the list and employees who may have been struck from the list under Paragraph #6.) D.) If there are insufficient volunteers under these provisions the employer shall then order employees to work overtime in Corrective Services/Main Division, Corrective Services/Satellite Division and Protective Services Division by reverse seniority. The list shall be a continuous list by seniority and ordered overtime shall be equalized as far as practicable. (8) Should an employee be passed over for voluntary overtime or should an employee be required to work overtime when a volunteer may have been available there shall be no monetary penalty to the Employer. Any employee passed over shall be entitled to the next available overtime assignment that he/she is eligible. Any employee required to work overtime when a volunteer may have been available shall be placed on the bottom of the forced overtime list and shall not be assigned forced overtime until the forced overtime list has been exhausted and his/her name appears for the second time. (9) The above provision shall not apply for private contracts such as Pine Knob, Meadowbrook, Silverdome, Homearama, Renaissance Festival, and other similar "Mini-Contracts". "Mini-Contracts" shall be administered by separate policy. These examples are illustrative and not intended to be limiting. XIX. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES All Resolutions of the Oakland County Board of Commissioners, as amended or changed from time to time, relating to the working conditions and compensation of the employees covered by this Agreement, and all other benefits and policies provided for in the Oakland County Merit 22 System which incorporates the Oakland County Employees 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. XX. 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: 1. Effective January 1, 1989, all employees with eight (8) or more years of full-time County service shall be eligible for the Military Buyback Option as developed by the Oakland County Retirement Commission and approved by the Oakland County Board of Commissioners. Employees who 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 (2) years of military service at the Employer's actual cost as determined by the Employer's actuary. 2. 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 twenty-five (25) years of service credit within the department regardless of age. 3. 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. 4. Effective with the execution of this Agreement the pension multiplier factor and employee contribution rate for employees of the Sheriffs Department covered by this Agreement who participate in the Defined Benefit Retirement Plan shall be as 23 'n follows: (a) For the first fourteen (14) full years of service in the Sheriffs Department, 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. (b) Thereafter, for every year of service in the Sheriffs Department beginning with the employee's fifteenth (15th) 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. (c) The following cap on retirement benefits shall apply: The first fourteen (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. 5. 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 to 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 excludible 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) arrangement shall not affect determination of final average compensation for pension contribution purposes. 6. 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. 24 ' 7. During the time period January 1, 2000 to February 28, 2000, all employees who are participants in the Defined Benefit Retirement Program shall have the option to transfer to the Defined Contribution Retirement Plan as set forth in Miscellaneous Resolution #94275, and as approved by the Internal Revenue Service, based on a multiplier of 2.2%. 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. 8. The County shall make the following contributions and matching contributions to the Defined Contribution Retirement Plan for employees hired prior to May 27, 1995: (a) 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. (b) 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. (c) 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. XXI. 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. The county shall make the following contributions and matching contributions to the Defined Contribution Retirement Plan: For fiscal year 1999 the County shall contribute 6% of base wages to the Defined Contribution Retirement Plan. (No employee contribution or County match in fiscal year 1999). ) 25 (2) For fiscal year 2000 the County shall contribute 7% of base wages to the Defined Contribution Retirement Plan and the employee shall contribute 1% of base wages to the Retirement Plan. For fiscal year 2001 the County shall contribute 8% of base wages to the Defined Contribution Retirement Plan and the employee shall contribute 2% of base wages to the Retirement Plan. (4) Effective with the pay period following the execution of this agreement The retirement contributions for those employees hired on or after 05/27/95: 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 Retirement Plan. Employees hired on or after May 27, 1995, shall only be eligible to receive Retirement Health Care Benefits as set forth in the Miscellaneous Resolution #94292. XXII. 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. XXIII. 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. XXIV. 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 (3 ) 26 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. XXV. DURATION This Agreement shall remain in full force and effect until midnight, September 30, 2003. The Agreement shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing sixty (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 sixty (60) days prior to the anniversary date. This Agreement shall remain in full force and be effective during the period of negotiations and until notice of termination of this Agreement is provided to the other party in the manner set forth in the following paragraph. In the event that either party desires to terminate this Agreement, written notice must be given to the other party no less than ten (10) days prior to the desired termination date which shall not be before the anniversary date set forth in the preceding paragraph. 27 It is agreed and understood that the provisions contained herein shall remain in full force and effect so long as they are not in violation of applicable statutes and ordinances and remain within the jurisdiction of the County of Oakland. 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 provision becomes invalid by operation of law, the remaining provisions shall nevertheless remain in full force and effect. OAKLAND COUNTY DEPUTY OAKLAND COUNTY BOARD SHERIFF'S ASSOCIATION OF COMMISSIONERS By: By: By: By: By: By: Thomas Law, Chairperson OAKLAND COUNTY SHERIFF By: Michael Bouchard OAKLAND COUNTY EXECUTIVE By: L. Brooks Patterson 28 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) hour. BONUS/HELICOPTER PILOT While performing the functions of a helicopter pilot, an employee will receive a $500.00 annual bonus to be paid hi-weekly. II COURT APPEARANCE When officers are required to appear in court, they shall be compensated at the rate of time and one-half for all time spent in court, a guarantee of a minimum of two (2) hours' pay per day, under the following conditions: 29 I. Case must be of a criminal nature or related to traffic enforcement. 2. The officer is appearing on behalf of the department at a deposition or a civil matter. 3. Officer must be off duty at court time. III CALL-OUT PAY The County will guarantee a minimum of two (2) hours' 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 (3) hours work or pay at the employee's applicable rate. 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. If an employee is called out and once on the road the call-out is cancelled, the minimums shall apply. IV CLOTHING AND EQUIPMENT (a) Effective January 1, 1999, twenty-five (25) non-uniformed officers required by the Sheriff to wear suit and tie shall receive a clothing and cleaning allowance at an annual rate of $425, payable in installments of $212.50 in June and $212.50 in December. Effective January 1, 2000, twenty-five (25) non-uniformed officers required by the Sheriff 30 to wear suit and tie shall receive a clothing and cleaning allowance at an annual rate of $450, payable in installments of $225 in June and $225 in December Effective January 1, 2001, twenty-five (25) non-uniformed officers required by the Sheriff to wear suit and tie shall receive a clothing and cleaning allowance at an annual rate of $500, payable in installments of $250 in June and $250 in December Should the number of non-uniformed officers qualifying for this allowance exceed 25, the allowance shall be limited to the 25 highest seniority officers. Should new grants or township contracts approved by the Board of Commissioners contain provisions for clothing allowance, the officers assigned to the new positions will be eligible for the allowance. (b) 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. (c) 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. V 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 ten (10) working days after receipt by the Sheriffs Department of the appropriate notice of eligibility for salary step increase and said salary step increase shall not be denied unless the Sheriff disapproves the salary step increase within the aforesaid period. 31 VI SALARY SCHEDULE PROGRESSION All persons hired hereafter shall be hired and progress in accordance with the salary schedules established herein. VII MILEAGE Effective with the execution of this agreement, the General Travel Regulation's mileage reimbursement rate shall be $.28 (twenty-eight cents) per mile. VIII SHIFT PREMIUM Effective with the execution of this agreement, the shift premium for the Sheriff Communication Agents and Sheriff Communication Agent Shift Leaders shall be $.50. 32 APPENDIX A FY 2002 Bi-weekly Salary Rates The following Salary Schedule indicates the Normal Rate Without Reduction for 414(h)(2) employer pick-up purposes. Said amounts will be reduced by the applicable amounts to reflect IRS Form W-2 reported earnings consistent with the 414(h)(2) pick-up arrangement. The reduced amount will be paid to the employee and shall become effective with the first pay period on or after September 22, 2001. Base 6 Mnth 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year Arson Investigator 2131.02 Flat Rate Crime Lab Spec 1 1849.82 1918.94 1988.36 2057.67 2126.84 Crime Lab Spec II 1869.81 1939.05 2008.51 2077.75 2147.05 Deputy I 1060.09 1128.75 1204.43 1280.22 1405.52 1554.30 1676.33 1883.32 Deputy II 1548.22 1659.86 1771.63 1898.95 1968.36 2106.76 Sheriff Comm Agent 1108.11 1156.99 1205.92 1303.60 1401.32 1499.00 1576.72 Sheriff Comm Shift Ldr 1543.02 1591.17 1700.51 Deputy I assigned as Medical Personnel to the infirmary shall receive $500 annually (pro-rated) while performing these duties. FY 2003 Bi-weekly Salary Rates The following Salary Schedule indicates the Normal Rate Without Reduction for 414(h)(2) employer pick-up purposes. Said amounts will be reduced by the applicable amounts to reflect IRS Form W-2 reported earnings consistent with the 414 (h)(2) pick-up arrangement. The reduced amount will be paid to the employee and shall become effective with the first pay period on or after September 21, 2002. Base 6 Mnth 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year Arson Investigator Crime Lab Spec I Crime Lab Spec II Deputy I Deputy II Sheriff Comm Agent Sheriff Comm Shift Ldr 2162.99 Flat Rate 1877.57 1947.72 2018.19 2088.54 2158.74 1897.86 1968.14 2038.64 2108.92 2179.26 1075.99 1145.68 1222.50 1299.42 1426.60 1577.61 1701.47 1911.57 1571.44 1684.76 1798.20 1927.43 1997.89 2138.36 1124.73 1174.34 1224.01 1323.15 1422.34 1521.49 1600.37 1566.17 1615.04 1726.02 Deputy I assigned as Medical Personnel to the infirmary shall receive $500 annually (pro-rated) while performing these duties. The following Salary Schedule indicates the Normal Rate Without Reduction for 414(h)(2) employer pick-up purposes. Said amounts will be reduced by the applicable amounts to reflect 33 • • IRS Form W-2 reported earnings consistent with the 414 (h)(2) pick-up arrangement. The reduced amount will be paid to the employee and shall become effective with the first pay period on or after March 22, 2003. Base 6 Mnth 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year Arson Investigator Crime Lab Spec I Crime Lab Spec II Deputy I Deputy II Sheriff Comm Agent Sheriff Comm Shift Ldr 2195.43 Flat Rate 1905.73 1926.33 1092.13 1595.01 1141.60 1589.66 1976.94 1997.66 1162.87 1710.03 1242.37 1639.27 2048.46 2069.22 1240.84 1825.17 1343.00 1751.91 2119.87 2191.12 2140.55 2211.95 1318.91 1448.00 1601.27 1726.99 1940.24 1956.34 2027.86 2170.44 1443.68 1544.31 1624.38 1191.96 The following Deputy I Salary Schedule indicates the Normal Rate Without Reduction for 414(h)(2) employer pick-up purposes. Said amounts will be reduced by the applicable amounts to reflect IRS Form W-2 reported earnings consistent with the 414 (h)(2) pick-up arrangement. The reduced amount will be paid to the employee and shall become effective with the first pay period on or after September 6, 2003. Deputy I Base 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 1182.12 1279.31 1357.35 1486.46 1639.77 1765.46 1940.23 PROTECTIVE/TECHNICAL SERVICES MLEOTC BONUS Beginning October 1, 1999, each MLEOTC certified road deputy in the Protective Services Division or Technical Services Division who has completed five full years of service as a MLEOTC certified road deputy shall be eligible to receive an animal $1,000 bonus, provided that they remain a MLEOTC certified road deputy in the Protective Services or Technical Services Division. This bonus shall be pro-rated in accordance with the amount of time during each fiscal year, October 1 to September 30, during which the deputy functioned as a MLEOTC certified road deputy and will be paid in the first paycheck in December. For example, a MLEOTC certified road deputy in Protective Services completing his/her fifth year of service on September 1 would be eligible for one-twelfth (1/12) of the bonus paid in December (the deputy functioned as a MLEOTC certified road deputy in Protective Services from September 1 to September 30 or 1/12 of the sixth year). This bonus shall not be included in final average compensation. 34 I I • • SHERIFF'S DEPARTMENT AGREEMENT APPENDIX B In addition to the provisions of this agreement which are controlling to the extent of any conflict with the provisions of the Oakland County Employees 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 2. Leave of Absence 3. Death Benefits *4. Longevity *4:5• Medical and Master Medical Coverage 6. Sick Leave 7. Retirement 8. Annual Leave 9. Disability Coverage ***10. Dental Coverage ****11. Tuition Reimbursement The fringe benefits modified in previous collective bargaining agreements shall continue in effect as modified and described in the Oakland County Employees' Handbook. Merit Rule No. 2, Section VII, "Service Increment Pay", shall not apply to any employee hired after March 15, 1984. Effective January 1, 1997, employees retiring from County employment with 25 years of service within the Department shall be eligible for County paid medical and master medical health coverage at the time of retirement regardless of age. Employees retiring prior to January 1, 1997 shall not be eligible for County paid medical and master medical health coverage until such time * 35 ** ** *** **** as they have reached age 50. 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 and master medical coverage while on LTD shall be as follows: An employee on LTD will be eligible for County-provided medical and master medical coverage for up to six (6) months from the date of LTD eligibility, provided he/she has applied for and were turned down for Social Security disability and Medicaid and have no other medical and master medical coverage available and providing the employee has not allowed his/her medical and master medical coverage to lapse. Effective October 1, 1999, Dental Maximum shall be increased from $750 to $1000 annually. Effective October 1, 1999, Tuition Reimbursement shall be increased from $600 per session to $800 per session with a maximum annual reimbursement of $2,400. HEALTH BENEFITS The Flexible Benefit Plan and Preferred Provider Drug Plan in effect for members of this bargaining unit shall remain unchanged. 36 • • Resolution #03238 September 4, 2003 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (M.R. #03238) September 18, 2003 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: HUMAN RESOURCES DEPARTMENT - FISCAL YEAR 2001-2003 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY DEPUTY SHERIFF'S ASSOCIATION TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The County of Oakland and Oakland County Deputy Sheriff's Association have reached an agreement on a salary increase for employees covered by the (OCDSA) effective September 22, 2001. 2. The two-year agreement covers the period October 1, 2001 through September 30, 2003. 3. Wage and Benefit costs are estimated at $2,478,331 for FY 2002 and FY 2003. 4. Sufficient funds are currently budgeted for FY 2003 in the Sheriff's Department to cover the agreement. No budget amendment is required. FINANCE COMMITTEE ex-hq/ fai.5 r FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Moffitt and Gregory absent. G. William Caddell, County Clerk Resolution #03238 September 18, 2003 Moved by Middleton supported by Long the resolution be adopted. AYES: Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. 0•••n•• I HEREBY APPROVE THE FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 September 18, 2003, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of le County of Oakland at Pontiac, Michigan this 18th day of September, 2003.