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HomeMy WebLinkAboutResolutions - 2019.03.14 - 30995REPORT (MISC. #19043) March 14, 2019 BY: Helaine Zack, Chairperson, Finance Committee IN RE: HUMAN RESOURCES DEPARTMENT — FISCAL YEARS 2019, 2020 AND 2021 COLLECTIVE BARGAINING AGREEMENT FOR EMPLOYEES REPRESENTED BY THE COMMAND OFFICERS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution on February 27, 2019, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. Commissioner Hel(aine Zack, District #18 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION #19043 March 14, 2019 BY: Commissioner Nancy L. Quarles, Chairperson, Legislative Affairs and Government Operations Committee IN RE: HUMAN RESOURCES DEPARTMENT — FISCAL YEARS 2019, 2020 AND 2021 COLLECTIVE BARGAINING AGREEMENT FOR EMPLOYEES REPRESENTED BY THE COMMAND OFFICERS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland, the Oakland County Sheriffs Office, and the Command Officers Association (COA), have negotiated a Collective Bargaining Agreement covering approximately 117 Sheriff's Department employees including Sergeants, Detective Sergeant Specialists, Lieutenants and Captains; and WHEREAS a three-year Collective Bargaining Agreement has been reached for the period October 1, 2018 through September 30, 2021, with parties agreeing to the following; and WHEREAS wage increases are set as: • 2% wage increase for Fiscal Year 2019; • 2% wage increase for Fiscal Year 2020 or "Me Too" with the general, non-represented employees if a greater increase were approved; • 2% wage increase for Fiscal Year 2021 or "Me Too" with the general, non-represented employees if a greater increase were approved; and WHEREAS any healthcare changes to take effect after September 30, 2018, shall be negotiated; and WHEREAS any other non-healthcare benefit modification implemented during calendar years 2019, 2020 and 2021, shall be negotiated; and WHEREAS the High Option Dental level of coverage shall be increased from $1250 to $1500 effective January 1, 2019; with no change to employee contributions; and WHEREAS the Employer will pay a maximum of $250 (after utilization of employee's insurance) toward replacement of eye glasses damaged while performing job related functions; and WHEREAS the Deferred Compensation Employer match for participating represented employees will increase as follows: • $1,000 to $1,500, effective January 1, 2019; • $1,500 to $2,000, effective January 1, 2020; • $2,000 to $2,500, effective January 1, 2021; and WHEREAS Captain Weekend Duty pay to be increased from • $800 to $900, effective January 1, 2019; • $900 to $1,000 effective January 1, 2020; and WHEREAS the annual Clothing Allowance for eligible non-uniformed Sergeants and Lieutenants will increase to $425, and eligible non-uniformed Sergeants and Lieutenants required to wear a suit/tie and/or shirt/tie will receive an additional $250 payable in June and December; and WHEREAS the parties have agreed to a Call-Out Pay provision which includes: • Minimum of two hours of pay at the employee's regular rate if they are called back to work after their shift ended; • An employee shall be entitled to three hours work or pay at their regular rate, should they be called in on their leave day; • If a call-in is cancelled within 60 minutes of the beginning of the shift, the employee shall be paid two hours at 1.5 times the employee's regular rate of pay and shall not be required to work; and WHEREAS contractual language for the voluntary Sheriff's Office Physical Fitness Incentive Program was updated to include an added incentive for participation; and WHEREAS new contractual language has been added regarding the compensation of the Field Training Officers (Sergeants) who are chosen to train a newly promoted Sergeant as outlined in this collective bargaining agreement; and WHEREAS new contractual language has been added for a new Command Officer Floating Day as outlined in this collective bargaining agreement; and LEGISLATIVE AFFAIRS AND GOVERNMENT OPERATIONS VOTE: Motion carried unanimously on a roll call vote with Gingell absent. WHEREAS contractual language pertaining to Article XIII — General Conditions, Section 5 has been updated as outlined in this collective bargaining agreement; and WHEREAS the employer agrees to recognize the union as the exclusive representative of the Sergeants, Detective Sergeant Specialists, Lieutenants and Captains of the Oakland County Sheriffs Office for the purpose 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 certificated and in which the union is recognized as the collective bargaining representative, subject to and in accordance with the provisions of Act 336 of Public Acts of 1947 as amended; all employees classified as Sergeants, Detective Sergeant Specialists, Lieutenants and all Captains of the Oakland County Sheriff's Office excluding all others; and WHEREAS the parties have agreed to add contractual language, specifically Article VIII — Overtime to reflect as outlined in the collective bargaining agreement to reflect: • The use of overtime in the scheduling system (KRONOS); how to sign up; how overtime is tracked and procedures if an employee is passed over for overtime; order of offering overtime/forcing overtime; • Definition of Voluntary and Involuntary overtime; • When overtime commences; • Special Assignments such as DTE, Meadow Brook and the Renaissance Festival; and WHEREAS Nine months after execution of this agreement, the parties will meet to review the operation of Article VIII and the efficient and equitable distribution of overtime under the scheduling system (KRONOS). Notwithstanding anything set forth in Article XXI - Duration, if the parties are unable to reach agreement on any necessary modifications to this Article, either party may reopen this Article only of this labor contract for negotiations (including Act 312 if the parties cannot reach agreement on any necessary changes to this Article) by giving the other party thirty days written notice. Such notice shall be given not less than ten months after execution of this Agreement nor more than eleven months after execution of this Agreement; and WHEREAS contractual language pertaining to Dues Check Off has been updated; and WHEREAS new contractual language has been added pertaining to Letters of Interest for Command Officer vacancies and/or Special Assignments; and WHEREAS new contractual language has been added regarding Shift/Leave Day Exchange as outlined in this collective bargaining agreement; and WHEREAS this agreement provides that 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 the employees covered by this agreement, and all other benefits and policies provided for in 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, unless a resolution conflicts with the terms of this Agreement; and WHEREAS updated contractual language relevant to Article XIII General Conditions Section 6 pertaining to shift preference selection within an employee's Division (Corrective Services-Main Jail Division, Corrective Services-Satellites Facilities Division, Patrol services Division [within each location substation only], Rochester Hills Division, Pontiac Division) with the shift change closest to April 1st and October 1st of each year has been added; and WHEREAS the parties have agreed to updated contractual language to Article IX - Layoff, Recall and Transfers as follows: • If and when it becomes necessary for the Employer to reduce the number of employees in the workforce, the employees will be laid off in seniority order, provided a Captain shall have the right to use his/her greater seniority to bump a Lieutenant with less seniority, and a Lieutenant the right to use his/her greater seniority to bump a Sergeant with less seniority, based on capability of performing available jobs, and shall be recalled in the same order; • If and when an employee is permanently or temporarily transferred to another division within the Department, the President or Chief Steward shall be notified of said transfer by the Employer; • If and when an employee is permanently transferred to another assignment within the department the employee shall be provided a minimum of five working days' notice. Should exigent circumstances exist, the five working days' notice shall be waived; and ornmisioer Nancy L. Quarles, District #17 Chairpeksori, Legislative Affairs and Government Operations Committee WHEREAS contractual language to Article XI - False Arrest Insurance was added so that Employees covered by this Agreement shall be provided by the Employer a policy of False Arrest Liability Insurance coverage. The premiums for such insurance will be paid by the Employer. The Employer may purchase liability insurance to provide the above protection or may provide a self-insurance program; and WHEREAS updated contractual language to Article X - Promotions as outlined in this collective bargaining agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed Collective Bargaining Agreement between the County of Oakland, the Oakland County Sheriff's Office and the Command Officers Association, covering the period of October 1, 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. BE IT FURTHER RESOLVED the FY 2019 - FY 2021 budgets are amended as follows: GENERAL FUND (#10100) FY 2019 FY 2020 FY 2021 Revenue 9010101-196030-665882 Planned Use of Balance $ 199.711 $ 347,481 $ 499,676 Total Revenues $ 199 711 $ 347,481 $ 499,676 Expenditures 4030401-121280-702010 4030601-110000-702010 4030301-112590-702085 4030501-116230-702085 4030601-110000-702085 4030601-110000-712090 4030401-121280-722900 4030601-110000-722900 4030601-110030-730303 Salaries Regular Salaries Regular Fitness Leave Fitness Leave Fitness Leave On Call Fringe Benefit Adjustment Fringe Benefit Adjustment Clothing Allowance Total Expenditures 0 78,289 5,000 1,000 26,122 58,700 0 28.000 2,600 $ 199,711 $ 104,397 78,289 5,000 1,000 26,765 58,700 42,730 28,000 2 ,600 $ 347,481 $ 211,926 78,289 5,000 1,000 27,420 58,700 86,741 28.000 2 ,600 $ 499,676 FRINGE BENEFIT FUND (#67800) Expenses 9011501-183190-730499 Deferred Comp-County Payments $50,500 9011501-183190-796500 Budgeted Equity Adjustment ($50,500) Total Expense 0 $101,000 ($101,000) 0 $151,500 ($151,500) $_ 0 Chairperson, on behalf of the Legislative Affairs and Government Operations Committee, I move the adoption of the foregoing resolution. SUMMARY OF AGREEMENT BETWEEN THE COUNTY OF OAKLAND THE OAKLAND COUNTY SHERIFF AND THE COMMAND OFFICERS ASSOCIATION DECEMBER 2018 DURATION: 3 years ECONOMIC: Contractual: • Wages: FY 2019 October 1, 2018— September 30, 2021 2% increase 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 Any other non healthcare benefit modification implemented on a countywide basis to general, non- represented employees to take effect during calendar years 2019, 2020 and 2021 shall be negotiated. HEALTH BENEFITS Any healthcare changes to take effect after September 30, 2018, shall be negotiated. Dental — High Option Dental shall be increased from $1250 to $1500 effective January 1, 2019; employee bi- weekly contributions for High Option Dental shall remain the same: • Single: $1.15 • Two Person: $1.73 • Family: $5 • Vision Coverage Eye Glass Replacement Any employee who has his/her 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 insurance). • Deferred Compensation Effective January 1, 2019 - the County will increase the Employer match from $1000 to $1500. Effective January 1, 2020 - the County will increase the Employer match from $1500 to $2000. Effective January 1, 2021 - the County will increase the Employer match from $2000 to $2500. • Captain Duty Pay Effective January 1, 2019 Captain Duty Pay will increase from $800 to $900. Effective January 1, 2020 Captain Duty Pay will increase from $900 to $1000. • Clothing Allowance Eligible non-uniformed Sergeants and Lieutenants shall receive a clothing and cleaning allowance at an annual rate of $425 payable in installments of $212.50 in June and in December. Eligible non-uniformed Sergeants and Lieutenants that are required by the Sheriff to wear a suit/tie and/or shirt/tie shall receive an additional $250 clothing and cleaning allowance annually. The total annual rate will be $675 payable in installments of $337.50 in June and in December. The Captain assigned to Investigative and Forensic Services is required by the Sheriff to wear a suit/tie and/or shirt/tie shall receive a total annual clothing and cleaning allowance of $675 payable in installments of $337.50 in June and in December. Officers assigned plain clothes duty by the Sheriff for 30 consecutive days or more shall be entitled to a pro- rated clothing and cleaning allowance. Should new grants or patrol contracts approved by the Board of Commissioners contain provisions for clothing allowances, officers assigned to the new positions will be eligible for the allowance. • 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 (Article XII, Section 5) 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. Captains shall be excluded from receiving call-out pay. • Physical Fitness Incentive Program The Sheriffs Office Physical Fitness Program is a voluntary program for all Command Officers. The Sheriff's Office will select and conduct at least three physical fitness testing times before September 1st of each calendar year. Command Officers who meet the established physical fitness standards will be granted Physical Fitness Leave Days as set forth in the collective bargaining agreement. See chart attached hereto which will be part of the Labor Contract. • Field Training Officer Those Sergeants who are chosen to train a newly promoted Sergeant in the Corrections Main Division, Corrections Satellite Division, or the Emergency Communications and Operations Division shall be compensated with one (1) hour of Compensatory Time for every eight (8) hour shift in which he or she works as a Field Training Officer. Employees only serve as Field Training Officers when he or she is assigned to do so by a Lieutenant, Captain or Major. If the employee's Compensatory Time Bank is at its maximum, the employee shall receive one (1) hour of straight time pay for each eight (8) hour shift worked as a Field Training Officer. • Command Floating Day A Command Officer shall receive one Command Floating Day (CFD) in the first pay period of the new calendar year. CFD is equivalent to 8 hours leave time. Use of the CFD shall not cause overtime for the department. When using the CFD, employees shall be granted the time off and shall be paid at their regular rate for the day, just as if they had worked. CFD has no cash value and must be used prior to the last pay period of the current calendar year; CH) cannot be accumulated or carried over to the next calendar year. NON-ECONOMIC Contractual: Article X111 — General Conditions Section 5 Any employee who is eligible for overtime compensation and who is required to work overtime which is not contiguous to the employee's regular work schedule shall be entitled to a minimum of two (2) hours work or pay for weekdays and three (3) hours work or pay for the weekends at the time-and-one-half rate, and three (3) hours of pay on holidays at the appropriate holiday rate. (Weekdays are defined as the first five (5) days of work which are part of an employee's regular work schedule.) Court duty appearance pay shall be applied in the following manner: When officers eligible for overtime compensation are required to appear in court, they shall be compensated at the rate of time and one-half for all time spent in court, with a guarantee of a minimum of two hours pay per day, under the following conditions: 1. Officer must be off duty at court time. 2. Case must be of a criminal nature or related to traffic enforcement or the employee is appearing on behalf of the Department at a deposition or a civil matter. • Recognition The Employer recognizes the Union as the exclusive representative of the Sergeants, Detective Sergeant Specialists, Lieutenants and Captains of the Oakland County Sheriffs Office, for the purpose of collective bargaining with respect to rates if pay, wages, hours of employment and other terms and conditions of employment, in the following bargaining unit for which they have been certified, and in which the Union is recognized as collective bargaining representative, subject to and in accordance with the provisions of Act 336 of the Public Acts of 1947, as amended: All employees classified as Sergeants, Detective Sergeant Specialists, Lieutenants and all Captains of the Oakland County Sheriff's Office excluding all others. • Overtime Language Overtime 1) There are two types of overtime; voluntary and involuntary. A) Voluntary overtime is defined as overtime where an employee voluntarily submits his or her intent to work a particular day or shift, that if worked exceeds the employees regularly scheduled shift. B) Involuntary (forced) overtime is defined as overtime that is unscheduled, unplanned, and is otherwise generally an extension of an employee's assigned shift, but not necessarily, that if worked exceeds the employee's regularly scheduled shift. 2) 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. 3) All working days in excess of four (4/10) or five (5/8), as the case may be, 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. 4) Except during times of riot, natural disaster, or other unforeseen exigent circumstance, the maximum amount of overtime worked by an employee per week shall not exceed 32 hours. 5) An employee cannot be forced to work a shift that is in conflict with an employee's scheduled day off or where an employee has been granted approved leave, except in the event of an unforeseen exigent circumstance. However, an employee may volunteer for the shift if he or she so decides. The list of forced overtime hires worked shall be maintained by the Kronos (or its equivalent) system. The list shall be continuous by seniority and shall be reset at each shift preference selection (generally every April and October) for each location and division. 6) In order to assure all overtime is distributed in a fair and equitable manner, the following procedures shall be utilized for those represented positions in each location: A) The employee's overtime hours worked shall be maintained and tracked by Kronos (or its equivalent) system. Overtime tracked by the Kronos (or its equivalent) system shall be tracked in the following two separate overtime buckets: 1. Voluntary overtime hired within all OM Divisions, including special details unless noted in the special detail bucket listed below in subsection 2. 2. Special detail bucket includes voluntary overtime hired at DTE Energy Music Theatre, Meadow Brook Theater, and Renaissance Festival. B) The employee must be qualified by the employer's determination in order to work overtime, subject to a grievance procedure. The number of overtime hours worked within the employee's buckets shall be reset at the beginning of each shift preference selection (generally every April and October). C) Employees who are interested in working overtime must have submitted notice in the Kronos (or its equivalent) system. Employees, regardless of his/her division, shall be allowed to utilize the auto hire function in the Kronos (or its equivalent) system. 0) Overtime shall first be offered to employees who volunteer to work such overtime within the employee's work location by least amount of overtime hours worked, and then by seniority. If the voluntary overtime list within the work location is exhausted, the overtime shall next be offered to the employees who volunteered within the division, in the same manner. If that voluntary overtime list is exhausted, the voluntary overtime is open to all qualified employees, in the same manner. E) If there is an insufficient number of volunteer(s) under these procedures, employees shall be forced to work beginning with the employee with the least amount of forced hires, then by the lowest seniority, by work location, being ordered to work first, followed by the next lowest senior employee by work location and so forth until the vacancy is filled. If an employee is forced to work an overtime shift, the hours worked shall not be counted against the employee's accumulated voluntary overtime bucket. F) If an employee is hired from a voluntary list for a particular shift and cannot work said shift, then the next available employee who voluntarily signed up to work the shift is to be offered the opportunity to work. If the employee who was unable to work provides a minimum of eight (8) hours notice as to his or her inability to work the shift the hours worked shall not be counted against him or her. The employee's immediate supervisor will be allowed to make this determination. However, if an employee does not appear for his or her voluntary overtime shift or otherwise cancels said shift with less than eight (8) hours notice before the start of the overtime shift; the employee shall have 8 hours worked added to his or her accumulated overtime bucket. However, an employee shall be allowed to have one warning each overtime period (every 6 months, generally April to October) which is to be documented in the Kronos (or its equivalent) system. G) Employees of the same rank and qualifications shall be allowed to split overtime shifts provided that said shifts are split in an equal number of hours worked for both employees. If an employee wishes to work less than an equal number of hours for said shift then the employee must have approval from his or her immediate supervisor. H) Any overtime hours worked, as a result of one of the following circumstances shall not be counted against the employee's accumulated voluntary overtime bucket: 1. an employee provides late relief for another employee, 2. attends training where overtime has been authorized, 3. is involved in a duty related court function, 4. is held over past their normal shift, or 5. where the on-call employee is called in. 1) DTE Music Theater shall be hired consistent under the following conditions: 1. When two or more Sergeants are hired for DTE Energy Music Theater, one of the Sergeants shall be from the Independence Township Substation, hired by the least number of hours worked, then by seniority (as tracked by Kronos or its equivalent system). 2. The second Sergeant shall be hired by the least number of hours worked, then by seniority (as tracked by Kronos or its equivalent system), among those employees who are qualified, at the discretion of management, regardless of his or her division, subject to a grievance procedure. 3. lf the volunteer list for the Independence Township Substation Sergeant is exhausted, one of the Sergeants assigned to the Independence Township Substation will be forced by reverse seniority (tracked by Kronos or its equivalent system) consistent with the conditions set forth above in section GE. 4. If the volunteer list for the second Sergeant position is exhausted, the vacancy would be offered to the Independence Township Sergeant(s) who voluntarily signs up for the position in the Kronos (or its equivalent) System, prior to any other Sergeant being forced to work. J) Meadow Brook Theatre overtime shall first be offered to employees who volunteer to work such overtime within the Rochester Hills Division, by least amount of overtime hours worked, and then by seniority (tracked by Kronos or its equivalent system), among those employees who are qualified, at the discretion of management, regardless of his or her division, subject to a grievance procedure. If that voluntary overtime list is exhausted, the voluntary overtime is open to all qualified employees, regardless of division, in the same manner. K) Renaissance Festival overtime shall be first hired by the least number of hours worked, then by seniority (tracked by Kronos or its equivalent system), among those employees who are qualified, at the discretion of management, regardless of his or her division, subject to a grievance procedure. L) Employees who voluntarily submit notice in the Kronos (or its equivalent) system for his or her intent to work overtime at DTE Music Energy Theater, Meadow Brook Theatre, and Renaissance Festival shall be given at least 12 hours' notice in order to accept or reject an opportunity to work, unless there is an exigent circumstance where the notification may be less than 12 hours. Hiring for these events must be initiated at least 14 calendar days in advance from the date of the event, but no more than 21 calendar days. However, this condition may be less, if the scheduled event or its staffing levels were not known or would otherwise be considered a last-minute event addition. 7) Should an employee be passed over for overtime, he or she shall be given the option to work the next available open overtime position. Should the pass over occur on a holiday, the employee shall be given the option to work an open position on a succeeding holiday. 8) Nine (9) months after the execution of this Agreement, the parties will meet to review the operation of this Article and the efficient and equitable distribution of overtime under KRON OS. Notwithstanding anything set forth in Article XXI Duration, if the parties are unable to reach agreement on any necessary modifications to this Article, either party may reopen this Article only of this labor contract for negotiations (including Act 312 if the parties cannot reach agreement on any necessary changes to this Article) by giving the other party thirty (30) days written notice. Such notice shall be given not less than ten (10) months after execution of this Agreement nor more than eleven (11) months after execution of this Agreement. • Authorization for Dues/Fee Deduction Section 1. A bargaining unit employee may sign an authorization for deduction of dues/fees for membership in the Union. The authorization for deduction of dues/fees may be revoked by the bargaining unit member upon written notice to the Employer, with copy to the Union. Section 2. The amount of dues/fees shall be designated by written notice from the Union to the Employer. If there is a change in the amount of dues/fees, such change shall become effective the month following transmittal of the written notice to the Employer. The Employer shall deduct the dues/fees once each month from the pay of the employees that have authorized such deductions. Section 3. Deduction of dues/fees shall be remitted to the Union by transmitting the dues to a bank account identified in writing by the COA President. In the event a refund is due an employee for any sums deducted from wages and paid to the Union, it shall be the responsibility of such employee to obtain the appropriate refund from the Union. Section 4. If an authorized deduction for an employee is not made, the Employer shall make the deduction from the employee's next pay after the error has been called to the Employer's attention by the employee or Union. Section 5. The Union will protect, save harmless and indemnify the Employer from any and all claims, demands, attorney fees, lawsuits and other forms of liability by reason of action taken by the Employer for the purpose of complying with this article of the agreement. Section 6. Unless otherwise provided in this article, all matters pertaining to a bargaining unit employee establishing or reestablishing membership in the Union, including requirements established by the Union for providing paid services to non-union bargaining unit employees, shall be governed by the internal conditions mandated by the Union pursuant to its authority under section 10 (2) of the Public Employment Relations Act. • Letters of Interest (a) When the Sheriff or his/her designee decides to fill a Command Officer (Sergeant, Detective Sergeant Specialist, Lieutenant and Captain) vacancy, the vacancy shall be filled from an employee who has submitted an Oakland County Sheriff's Command Officer's Association Letter of Interest Form. Each year, the Letter of Interest Form shall be provided by the Sheriff's Office and approved by the Union. Once completed, the Letter of Interest Form shall be submitted to the Sheriff's Office Administration by the employee who is interested in said vacancy or a possible future vacancy. A time/date stamp letter shall be provided to the Secretary of the Union by the Command Officer submitting the request. In order to be considered for the vacancy, the Command Officer shall meet the minimum qualifications as determined by the Sheriff's Office for the open position. The Sheriff shall make the final decision on the assignment. (b) When a Special Assignment vacancy exists, the Sheriff may appoint the employee who has submitted a Letter of Interest Form on file with the Sheriff's Office and also must have at least one year of seniority within the Oakland County Command Officer's Association. • Shift/Leave Day Exchange A request for shift/leave day exchange shall be submitted in the Kronos System (or its equivalent) at a minimum of 8 hours prior to the exchange taking place. If the employee is unable to submit a request for Shift/Leave Exchange within 8 hours of the beginning of first exchanged shift, the requesting employee shall submit the request as soon as practicable. Shift exchanges may be for all or part of a shift, provided it is at the beginning or end of a shift. Trades shall be limited to employees whose classifications are the same. There will be no cross-divisional trades allowed, except at the Sheriff or his or her designee's discretion. As a minimum, one exchange per shift will be allowed. More than one exchange per shift would require the Sheriff's approval or his or her designee. Traded leave days must occur within the same pay period. Traded leave days shall be subject of approval by both (if applicable) the employee's immediate supervisor. Any employee who fails to work his or her portion of a leave day exchange shall have that amount of hours deducted from his or her leave bank(s) and will be charged an "ill" day in the Kronos (or its equivalent) system on his or her synopsis sheet. Furthermore, the employee shall be prohibited from participating in a shift/leave day exchange for a period of one year from the date of the infraction. Employees assigned to the Investigative and Forensic Services Division and the Emergency Response and Preparedness Division are excluded from Shift/Leave Day Exchanges. Shift/Leave Day Exchanges are only applicable to uniform personnel. • 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 the employees covered by this agreement, and all other benefits and policies provided for in the Oakland County Merit System, which incorporates the Oakland County Employee's Handbook, are incorporated herein by reference and made a part hereof to the same extent as if they were specifically set forth, unless a resolution conflicts with the terms of this Agreement. • Article XIII — General Conditions Section 6 All Sergeants and Lieutenants will be entitled to make a shift preference selection within his/her Division (Corrective Services-Main Jail Division, Corrective Services-Satellites Facilities Division, Emergency Communications Operations Division, Patrol Services Division (within each location substation only), Rochester Hills Division, Pontiac Division) with the shift change closest to April r t and October 1st of each year. This shift preference selection is to be based on seniority within classification (time in grade) and is subject to the approval of the Sheriff or his/her designee. It is understood that approval will not be unreasonably withheld. Shift preference selection shall be submitted to the Division Captain 30 days prior to the date of shift preference selection. Any employee member assigned to investigative and Forensic Services Division and the Emergency Response and Preparedness Division are not included in shift preference section. It is understood that not withstanding any other agreement, regulation or provision to the contrary, employees classified as Sergeants and Lieutenants will not be eligible for shift premium. It is further understood that all provisions of this section related to shift selection in no way effects the Sheriffs right to determine assignments. • Article IX — Layoff, Recall and Transfers a. If and when it becomes necessary for the Employer to reduce the number of employees in the work force, the employees will be laid off in seniority order, provided a Captain shall have the right to use his/her greater seniority to bump a Lieutenant with less seniority, and a Lieutenant the right to use his/her greater seniority to bump a Sergeant with less seniority, based on capability of performing available jobs and shall be recalled in the same order. b. If and when an employee is permanently or temporarily transferred to another division within the Department, the President or Chief Steward shall be notified of said transfer by the Employer. c. If and when an employee is permanently transferred to another assignment within the department the employee shall be provided a minimum off five (5) working days notice. Should exigent circumstances exist, the five (5) working days notice shall be waived. • False Arrest Insurance Employees covered by this Agreement shall be provided by the Employer a policy of False Arrest Liability Insurance coverage. The premiums for such insurance will be paid by the County. The County may purchase liability insurance to provide the above protection or may provide a self-insurance program. • Promotions (a) All promotions within the bargaining unit shall be made on a basis of a Competitive Examination as provided for in the Oakland County Merit System (the list of applicants to be good for six (6) months after certification by Employer and may be extended by the Employer an additional six (6) months with notification to COAM), or the Sheriff may promote the most qualified employee in accordance with his/her professional judgement. Promotion to Detective Sergeant Specialist to require one year of full-time experience as a Sergeant with the Oakland County Sheriffs Office; submit resume, have Merit System Status, possess a valid motor vehicle operator's or chauffer's license, have successfully completed police academy training or its equivalent (as required by the Michigan Commission on Law Enforcement Standards) and be currently certified as a police officer, successfully complete a one year probationary period. Promotion to Lieutenant to require two years of full- time experience as a Sergeant with the Oakland County Sheriffs Office; submit resume, have Merit System Status, possess a valid motor vehicle operator's or chauffer's license, have successfully completed police academy training or its equivalent (as required by the Michigan Commission on Law Enforcement Standards) and be currently certified as a police officer, successfully complete a one year probationary period. Promotion to Captain to require two years of full-time experience as a Lieutenant with the Oakland County Sheriff's Office; submit resume, have Merit System Status, possess a valid motor vehicle operator's-or chauffer's license, have successfully completed police academy training or its equivalent (as required by the Michigan Commission on Law Enforcement Standards) and be currently certified as a police officer, successfully complete a one year probationary period. (b) Any new employee seeking or offered lateral entry into the Sergeant, Lieutenant, or Captain classifications of the Command Officers Bargaining Unit as a result of a contract or arrangement for provisions of law enforcement services between the County and a municipality/public entity, must have served a minimum of two (2) years with the municipality/public entity immediately prior to the transfer in the rank sought with Oakland County. Prior to the implementation of any agreement for the provision of law enforcement services to a municipality/public entity where lateral entry into the Command Officers Bargaining Unit may occur, qualified members of the Oakland County Command Officers Association will be given the opportunity to apply for any Lieutenant or Captain position(s) being sought by or potentially offered to any new employees from the municipality/public entity. New employees entering the Command Officers bargaining unit as a result of a contract or arrangement for provision of law enforcement services shall serve a one year probationary period. New employees entering the Command Officers Bargaining Unit will have a date of hire for purposes of layoff/recall that will be the first day of employment with the Oakland County Sheriffs Office. New employees in the Command Officers Bargaining Unit who are not corrections certified, shall become corrections certified as soon as practicable, but not later than one year after their appointment, unless there are extenuating circumstances. This provision applies only to the hiring of new employees in the Command Officers Bargaining Unit as a result of a contract or arrangement for the provision of law enforcement services between the County and a municipality/public entity. Any practices or arrangements related to the entry into the Command Officers Bargaining Unit under other circumstances are not affected by this provision. THE COUNTY OF OAKLAND THE OAKLAND COUNTY SHERIFF'S OFFICE AND OAKLAND COUNTY COMMAND OFFICERS' ASSOCIATION SERGEANTS, DETECTIVE SERGEANT SPECIALISTS, LIEUTENANTS & CAPTAINS COLLECTIVE BARGAINING AGREEMENT OCTOBER 1, 2018- SEPTEMBER 30, 2021 TABLE OF CONTENTS AGREEMENT RECOGNITION MANGEMENT RESPONSIBILITY DUES CHECK-OFF BASIS OF REPRESENTATION GRIEVANCE PROCEDURE BULLETIN BOARD SENIORITY OVERTIME LAYOFF, RECALL AND TRANSFERS PROMOTIONS FALSE ARREST INSURANCE DEFENSE AND INDEMNIFICATION GENERAL CONDITIONS SHERIFF HOLIDAY LEAVE ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES RETIREMENT BENEFITS MAINTENANCE OF CONDITIONS ECONOMIC MATTERS NO STRIKE-NO LOCKOUT EMERGENCY MANAGER DURATION ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI ARTICLE XVII ARTICLE XVIII ARTICLE XIX ARTICLE XX ARTICLE XXI PAGE 1 PAGE 1 PAGE 1 PAGE 1 PAGE 2 PAGE 2 PAGE 3 PAGE 4 PAGE 4 PAGE 8 PAGE 8 PAGE 9 PAGE 9 PAGE 10 PAGE 13 PAGE 14 PAGE 14 PAGE 17 PAGE 17 PAGE 17 PAGE 17 PAGE 18 PAGE 19 PAGE 20 PAGE 20 PAGE 20 PAGE 21 PAGE 21 PAGE 21 PAGE 21 PAGE 22 PAGE 23 PAGE 23 PAGE 23 PAGE 24 PAGE 24 PAGE 24 PAGE 26 PAGE 26 APPENDIX A WAGES CAPTAIN WEEKEND DUTY PAY CLOTHING ALLOWANCE DIVERS PREMIUM PAY LIEUTENANT CORRECTIVE SERVICES/DETENTION FACILITIES BONUS DEFERRED COMPENSATION CALL-OUT PAY FTO PAY APPENDIX B FRINGE BENEFITS HEALTH BENEFITS DENTAL COVERAGE VISION COVERAGE LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT COVERAGE MILEAGE SHERIFF'S PHYSICAL FITNESS INCENTIVE PROGRAM BEREAVEMENT LEAVE PERSONAL LEAVE 1 II III IV V VI VII VIII 1 il ill IV V VI VII VIII IX ii X JURY DUTY PAGE 28 XI PARENTAL LEAVE POLICY PAGE 28 XII ANNUAL LEAVE BUY-BACK PROGRAM PAGE 30 APPENDIX C MEDICAL OPTIONS COMPARISON CHART PAGE 32 DENTAL OPTIONS COMPARISON CHART PAGE 39 VISION OPTIONS COMPARISON CHART PAGE 41 APPENDIX D OAKLAND COUNT( SHERIFF'S DRUG TESTING POLICY PAGE 43 MEMORANDUM OF UNDERSTANDING-COMPENSATORY TIME PAGE 52 iii AGREEMENT This agreement is made and entered into on this day of , A.D., 2019, by and between the County of Oakland and the Oakland County Sheriff, hereinafter referred to collec t i v e l y a s t h e "Employer" and the Command Officers Association of Michigan and its affiliate, the Oakland C o u n t y C o m m a n d Officer's Association, hereinafter referred to as the "Union". It is the desire of both parties to this agree m e n t t o continue to work harmoniously and to promote and maintain high standards, between the E m p l o y e r a n d employees, which will best serve the citizens of Oakland County. RECOGNITION The Employer recognizes the Union as the exclusive representative of the Sergeants, Detective Se r g e a n t Specialists, Lieutenants and Captains of the Oakland County Sheriff's Office, for the purpose of collect i v e bargaining with respect to rates of pay, wages, hours of employment and other terms and conditions o f employment, in the following bargaining unit for which they have been certified, and in which the U n i o n i s recognized as collective bargaining representative, subject to and in accordance with the provisions o f A c t 3 3 6 o f the Public Acts of 1947, as amended. All employees classified as Sergeants, Detective Sergeant Spe c i a l i s t s , Lieutenants and all Captains of the Oakland County Sheriffs Office excluding all others. MANAGEMENT RESPONSIBILITY The right to hire, promote, discharge or discipline, and to maintain discipline and efficiency o f e m p l o y e e s , is the sole responsibility of the Employer except that Union members shall not be discriminated again s t a s s u c h . In addition, the work schedules, methods and means of departmental operation are solely and exc l u s i v e l y t h e responsibility of the Employer, subject, however, to the provisions of this agreement. Ill DUES CHECK-OFF Section 1. A bargaining unit employee may sign an authorization for deduction of dues/fees f o r membership in the Union. The authorization for deduction of dues/fees may be revoked by t h e b a r g a i n i n g u n i t member upon written notice to the Employer, with copy to the Union. Section 2. The amount of dues/fees shall be designated by written notice from the Union to the Empl o y e r . If there is a change in the amount of dues/fees, such change shall become effective the month f o l l o w i n g transmittal of the written notice to the Employer. The Employer shall deduct the dues/fees o n c e e a c h m o n t h from the pay of the employees that have authorized such deductions. Section 3. Deduction of dues/fees shall be remitted to the Union by transmitting the dues to a b a n k account identified in writing by the COA President. In the event a refund is due an employee for any s u m s deducted from wages and paid to the Union, it shall be the responsibility of such employee to obta i n t h e appropriate refund from the Union. Section 4. If an authorized deduction for an employee is not made, the Employer shall make the deduction from the employee's next pay after the error has been called to the Employer's attention by the employee or Union. Section 5. The Union will protect, save harmless and indemnify the Employer from any and all claims, demands, attorney fees, lawsuits and other forms of liability by reason of action taken by the Employer for the purpose of complying with this article of the agreement. Section 6. Unless otherwise provided in this article, all matters pertaining to a bargaining unit employee establishing or reestablishing membership in the Union, including requirements established by the Union for providing paid services to non-union bargaining unit employees, shall he governed by the internal conditions mandated by the Union pursuant to its authority under section 10 (2) of the Public Employment Relations Act. IV BASIS OF REPRESENTATION Section 1 There shall be one Steward and an alternate Steward. Stewards will be permitted to leave their work, after obtaining approval of their respective supervisors and recording their time, for the purpose of adjusting grievances in accordance with the grievance procedure and for reporting to the grievant a change in status of his/her grievance. Permission for Stewards to leave their work stations will not be unreasonably withheld. Stewards will report their time to their supervisor upon returning from a grievance discussion. The privilege of Stewards to leave their work during working hours, without loss of pay, is extended with the understanding that the time will be devoted to the prompt handling of grievances and will not be abused, and that they will continue to work at their assigned jobs at all times except when permitted to leave their work to handle grievances. Section 2 There shall be a Grievance Committee consisting of the two members of the unit to be selected by the Union and certified in writing to the Employer. The Employer shall meet whenever necessary, at a mutually convenient time, with the union Grievance Committee. The purpose of Grievance Committee meetings will be to adjust pending grievances, and to discuss procedures for avoiding future grievances. In addition, the committee may discuss with the Employer other issues which would improve the relationship between the parties. V GRIEVANCE PROCEDURE The Employer and the Union support and subscribe to an orderly method of adjusting employee grievances. To this end, the Employer and the Union agree that an employee should first bring his/her problem or grievance to the attention of the Sheriff or designee with or without his/her Steward within five (5) days of the occurrence, who shall attempt to resolve the grievance informally. All disciplinary actions greater than a two-day suspension without pay up to and including dismissals and demotions shall be subject to the grievance procedure. All other disciplinary actions shall be processed according to the procedures of the Personnel Appeal Board and shall not be subject to the grievance procedure. Step 1 If the grievance is not settled informally, it shall be discussed with the Steward and shall be reduced to writing, signed by the grievant and submitted to the Sheriff or designee. 2 Step 2 The written grievance shall be discussed between the Steward and the Sheriff or designee. The Sheriff or designee will attempt to adjust the matter and will give a written decision within five (5) days (excluding Saturday, Sunday, and Holidays) of receipt of the written grievance. Step 3 Any grievance not settled at Step 2 may be submitted to the next meeting of the Grievance Committee. Any grievance not submitted to the next Grievance Committee meeting, by written notification to the Employer within five (5) days of the immediate supervisor's written decision, shall be considered dropped. Step 4 Any matter not settled in Step 3 of the grievance procedure may be submitted to final and binding arbitration by either of the parties. A request for arbitration must be submitted by written notice to the other party within fifteen (15) days after the Grievance Committee meeting. Expenses for arbitration shall be borne equally by both parties. The grievances upon which arbitration has been demanded shall be referred to one of the following Arbitrators in accordance with the date of the written grievance, the oldest grievance being referred first: 1. GEORGE ROUMELL 2. PAUL GLENDON 3. BEN WOLKINSON 4. MARK GLAZER A grievance shall be referred to the listed Arbitrators in the order in which they appear. Once a grievance has been referred to an Arbitrator, a subsequent grievance shall be referred to the next Arbitrator on the list. The appointment of the Arbitrator may be affected by sending a copy of the written notice of the request for arbitration to the Arbitrator. After a grievance has been referred to the last Arbitrator listed, the cycle shall repeat, beginning with the first Arbitrator. The Arbitrator may interpret and apply the provisions of this Agreement to determine the grievance before the Arbitrator. However, the Arbitrator shall have no power or authority, in any way, to alter, modify, amend, or add to any provisions of this Agreement or set a wage rate, The Arbitrator shall be bound by the express provisions of this Agreement Any grievance not appealed from a decision in one of the steps of the grievance procedure to the next step as prescribed, shall be considered dropped and the last decision final and binding, except that time limits may be extended by mutual agreement of the parties. In the event the Employer shall fail to supply the Union with its answer to the particular step within the specified time limits, the grievance shall be deemed automatically positioned for appeal at the next step with the time limit for exercising said appeal commencing with the expiration of the grace period for answering. VI BULLETIN BOARD The Employer shall assign space for a bulletin board which shall be used by the Union for posting notices, bearing the written approval of the President of the Union local, which shall be restricted to: (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, 3 VII SENIORITY Employees covered by this Agreement shall acquire seniority by working six (6) c o n t i n u o u s m o n t h s i n t h e Unit, in which event the employee's seniority will date back to the date of app o i n t m e n t t o h i s / h e r c u r r e n t classification. When the employee acquires seniority, his/her name shall be pl a c e d o n t h e s e n i o r i t y l i s t , i n t h e order of his/her seniority date. In determining seniority within a rank, seniority order shall be determined as follow s : a) For the rank of Sergeant; Promotional date will determine seniority. If two or m o r e S e r g e a n t s a r e promoted and his/her dates are effective on the same day, then his/her OCDSA (B U - 1 0 a n d B U - 09) seniority date will be the tie breaker. if these dates are the same the second t i e b r e a k e r w i l l be the lowest last four digits of the employee's social security numbers. b) For the rank of Lieutenant: Promotional date will determine seniority. If two o r m o r e L i e u t e n a n t s are promoted and his/her promotional dates are effective on the same day, then his/h e r S h e r i f f s Office Sergeant seniority date (time in grade) will be the tie breaker. c) For the rank of Captain: Promotional date will determine seniority. If two or m o r e C a p t a i n s a r e promoted and his/her promotional dates are effective on the same day, then h i s / h e r S h e r i f f s Office Lieutenant seniority date (time in grade) will be the tie breaker. A seniority list shall be furnished to the Union every six (6) months showing the office r s ' d a t e o f appointment to each classification within the unit. An employee shall lose his/her seniority for the following reasons: a) If the employee resigns or retires; b) If the employee is discharged, and not reinstated; c) If the employee is absent from work for three (3) working days without prope r l y n o t i f y i n g 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. VIII OVERTIME 1) There are two types of overtime, voluntary and involuntary. a) Voluntary overtime is defined as overtime where an employee voluntarily submits h i s o r h e r intent to work a particular day or shift, that if worked exceeds the employees regula r l y s c h e d u l e d shift. b) Involuntary (forced) overtime is defined as overtime that is unscheduled, unplan n e d , a n d i s otherwise generally an extension of an employee's assigned shift, but not necessar i l y , t h a t i f worked exceeds the employee's regularly scheduled shift. 2) All time whether worked or compensated through an employee's use of leave tim e , i n e x c e s s o f a normal eight hour working day in the 24-hour period beginning with the sta r t o f t h e e m p l o y e e ' s n o r m a l w o r k i n g shift that day, shall be considered overtime and credited to the calendar day i n w h i c h t h e 2 4 - h o u r p e r i o d b e g a n . 3) All working days in excess of four (4/10) or five (5/8), as the case may be, in the e m p l o y e e ' s s e v e n - d a y work week shall likewise be considered overtime. Overtime shall be compe n s a t e d a t t h e r a t e o f o n e a n d o n e - h a l f times the employee's regular hourly rate. Said rate shall be based on the hour l y e q u i v a l e n t o f t h e e m p l o y e e ' s annual salary. 4 4) Except during times of riot, natural disaster, or other unforeseen exigent circumstance, the maximum amount of overtime worked by an employee per week shall not exceed 32 hours. 5) An employee cannot be forced to work a shift that is in conflict with an employee's scheduled day off or where an employee has been granted approved leave, except in the event of an unforeseen exigen t circumstance. However, an employee may volunteer for the shift if he or she so decides. The list o f f o r c e d overtime hires worked shall be maintained by the Kronos (or its equivalent) system. The list shall b e c o n t i n u o u s by seniority and shall be reset at each shift preference selection (generally every April and October ) f o r e a c h location and division. 6) In order to assure all overtime is distributed in a fair and equitable manner, the following procedur e s shall be utilized for those represented positions in each location: A) The employee's overtime hours worked shall be maintained and tracked by Kronos (or its equivalent) system. Overtime tracked by the Kronos (or its equivalent) system shall be tracked in the following two separate overtime buckets: 1. Voluntary overtime hired within all OCSO Divisions, including special details unless noted in the special detail bucket listed below in subsection 2. 2. Special detail bucket includes voluntary overtime hired at DTE Energy Music Theater, Meadow Brook Theater, and Renaissance Festival. B) The employee must be qualified by the employer's determination in order to work overtime, subject to a grievance procedure. The number of overtime hours worked within the employee's buckets shall be reset at the beginning of each shift preference selection (generally every April and October). C) Employees who are interested in working overtime must have submitted notice in the Kronos (or its equivalent) system. Employees, regardless of his/her division, shall be allowed to utilize the auto hire function in the Kronos (or its equivalent) system. 0) Overtime shall first be offered to employees who volunteer to work such overtime within the employee's work location by least amount of overtime hours worked, and then by seniority. if the voluntary overtime list within the work location is exhausted, the overtime shall next be offered to the employees who volunteered within the division, in the same manner. If that voluntary overtime list is exhausted, the voluntary overtime is open to all qualified employees, in the same manner. E) If there is an insufficient number of volunteer(s) under these procedures, employees shall be forced to work beginning with the employee with the least amount of forced hires, then by the lowest seniority, by work location, being ordered to work first, followed by the next lowest senior employee by work location and so forth until the vacancy is filled. If an employee is forced to work an overtime shift, the hours worked shall not be counted against the employee's accumulated voluntary overtime bucket. 5 F) If an employee is hired from a voluntary list for a particular shift and cannot otherwise work said shift, then the next available employee who voluntarily signed up to work the shift is to be offered the opportunity to work. If the employee who was unable to work provides a minimum of eight (8) hours' notice as to his or her inability to work the shift the hours worked shall not be counted against him or her. The employee's immediate supervisor will be allowed to make this determination. However, if an employee does not appear for his or her voluntary overtime shift or otherwise cancels said shift with less than eight (8) hours' notice before the start of the overtime shift, the employee shall have 8 hours worked added to his or her accumulated overtime bucket. However, an employee shall be allowed to have one warning each overtime period (every 6 months, generally April to October) which is to be documented in the Kronos (or its equivalent) system. G) Employees of the same rank and qualifications shall be allowed to split overtime shifts provided that said shifts are split in an equal number of hours worked for both employees. If an employee wishes to work less than an equal number of hours for said shift, then the employee must have approval from his or her immediate supervisor. H) Any overtime hours worked, as a result of one of the following circumstances shall not be counted against the employee's accumulated voluntary overtime bucket: 1. an employee provides late relief for another employee, 2. attends training where overtime has been authorized, 3. is involved in a duty related court function, 4. is held over past their normal shift, or S. where the on-call employee is called in. I) DTE Music Theater shall be hired consistent under the following conditions: 1. When two or more Sergeants are hired for DTE Energy Music Theater, one of the Sergeants shall be from the Independence Township Substation, hired by the least number of hours worked, then by seniority (as tracked by Kronos or its equivalent system). 2. The second Sergeant shall be hired by the least number of hours worked, then by seniority (as tracked by Kronos or its equivalent system), among those employees who are qualified, at the discretion of management, regardless of his or her division, subject to a grievance procedure. 3. If the volunteer list for the Independence Township Substation Sergeant is exhausted, one of the Sergeants assigned to the Independence Township Substation will be forced by reverse seniority (tracked by Kronos or its equivalent system) consistent with the conditions set forth above in section 6E. 4. If the volunteer list for the second Sergeant position is exhausted, the vacancy would be offered to the Independence Township Sergeant(s) who voluntarily signs up for the position in the Kronos (or its equivalent) system, prior to any other Sergeant being forced to work. J) Meadow Brook Theatre overtime shall first be offered to employees who volunteer to work such overtime within the Rochester Hills Division, by least amount of overtime hours worked and then by seniority (tracked by Kronos or its equivalent system), among those employees who are qualified, at the discretion of management, regardless of his or her division, subject to a grievance procedure. If that voluntary overtime list is exhausted, the voluntary overtime is open to all qualified employees, regardless of division, in the same manner. K) Renaissance Festival overtime shall be first hired by the least number of hours worked, then by seniority (tracked by Kronos or its equivalent system), among those employees who are qualified, at the discretion of management, regardless of his or her division, subject to a grievance procedure. L) Employees who voluntarily submit notice in the Kronos (or its equivalent) system for his or her intent to work overtime at D'rE Music Energy Theater, Meadow Brook Theatre, and Renaissance Festival shall be given at least 12 hours' notice in order to accept or reject an opportunity to work, unless there is an exigent circumstance where the notification may be less than 12 hours. Hiring for these events must be initiated at least 14 calendar days in advance from the date of the event, but no more than 21 calendar days. However, this condition maybe less, if the scheduled event or its staffing levels were not known or would otherwise be considered a last-minute event addition. 7) Should an employee be passed over for overtime, he or she shall be given the option to work the next available open overtime position, Should the pass over occur on a holiday, the employee shall be given the option to work an open position on a succeeding holiday. 8) Nine (9) months after the execution of this Agreement, the parties will meet to review the operation of this Article and the efficient and equitable distribution of overtime under Kronos. Notwithstanding anything set forth in Article XXI Duration, if the parties are unable to reach agreement on any necessary modifications to this Article, either party may reopen this Article only of this labor contract for negotiations (including Act 312 if the parties cannot reach agreement on any necessary changes to this Article) by giving the other party thirty (30) days written notice. Such notice shall be given not less than ten (10) months after execution of this Agreement nor more than eleven (11) months after execution of this Agreement. 7 IX LAYOFF, RECALL AND TRANSFERS (a) If and when it becomes necessary for the Employer to reduce the nu m b e r o f e m p l o y e e s i n t h e w o r k force, the employees will be laid off in seniority order, provided a C a p t a i n s h a l l h a v e t h e r i g h t t o u s e h i s / h e r greater seniority to bump a Lieutenant with less seniority, and a L i e u t e n a n t t h e r i g h t t o u s e h i s / h e r g r e a t e r seniority to bump a Sergeant with less seniority, based on capabilit y o f p e r f o r m i n g a v a i l a b l e j o b s a n d s h a l l b e recalled in the same order. (b) If and when an employee is permanently or temporarily transferred to a n o t h e r d i v i s i o n w i t h i n t h e Department, the President or Chief Steward shall be notified of said t r a n s f e r b y t h e E m p l o y e r . (c) If and when and employee is permanently transferred to anothe r a s s i g n m e n t w i t h i n t h e d e p a r t m e n t the employee shall be provided a minimum of five (5) working d a y s ' n o t i c e . S h o u l d e x i g e n t c i r c u m s t a n c e s e x i s t , the five (5) working days' notice shall be waived. X PROMOTIONS (a) All promotions within the bargaining unit shall be made on a basis of a C o m p e t i t i v e E x a m i n a t i o n a s provide for in the Oakland County Merit System (the list of applic a n t s t o b e g o o d f o r s i x ( 6 ) m o n t h s a f t e r certification by Employer and may be extended by Employer an a d d i t i o n a l s i x ( 6 ) m o n t h s w i t h n o t i f i c a t i o n t o COAM), or the Sheriff may promote the most qualified employee in accor d a n c e w i t h h i s / h e r p r o f e s s i o n a l judgment. Promotion to Detective Sergeant Specialist to require one year of full-tim e e x p e r i e n c e a s a S e r g e a n t w i t h the Oakland County Sheriffs Office; submit resume, have Merit System S t a t u s , p o s s e s s a v a l i d m o t o r v e h i c l e operator's or chauffer's license, have successfully completed police ac a d e m y t r a i n i n g o r i t s e q u i v a l e n t ( a s required by the Michigan Commission on Law Enforcement Standard s ) a n d b e c u r r e n t l y c e r t i f i e d a s a p o l i c e officer, successfully complete a one year probationary period. Promotion to Lieutenant to require two years of full-time experience a s a S e r g e a n t w i t h t h e O a k l a n d County Sheriffs Office; submit resume, have Merit System Status, po s s e s s a v a l i d m o t o r v e h i c l e o p e r a t o r ' s o r chauffer's license, have successfully completed police academy tra i n i n g o r i t s e q u i v a l e n t ( a s r e q u i r e d b y t h e Michigan Commission on Law Enforcement Standards), and be current l y c e r t i f i e d a s a p o l i c e o f f i c e r , s u c c e s s f u l l y complete a one year probationary period. Promotion to Captain to require two years of full-time experience a s a L i e u t e n a n t w i t h t h e O a k l a n d County Sheriff's Office; submit resume, have Merit System Status, posses s a v a l i d m o t o r v e h i c l e o p e r a t o r ' s o r chauffer's license, have successfully completed police academy trainin g o r i t s e q u i v a l e n t ( a s r e q u i r e d b y t h e Michigan Commission on Law Enforcement Standards) and be currentl y c e r t i f i e d a s a p o l i c e o f f i c e r , s u c c e s s f u l l y complete a one year probationary period. (b) Any new employee seeking or offered lateral entry into the Sergeant, Lie u t e n a n t o r C a p t a i n classifications of the Command Officers Bargaining Unit as a resu l t o f a c o n t r a c t o r a r r a n g e m e n t f o r p r o v i s i o n s o f law enforcement services between the County and a municipality / p u b l i c e n t i t y , m u s t h a v e s e r v e d a m i n i m u m o f two (2) years with the municipality/public entity immediately prior to th e t r a n s f e r i n t h e r a n k s o u g h t w i t h O a k l a n d County. 8 Prior to the implementation of any agreement for the provision of law e n f o r c e m e n t s e r v i c e s t o municipality/public entity where lateral entry into the Command O f f i c e r s B a r g a i n i n g U n i t m a y o c c u r , q u a l i f i e d members of the Oakland County Command Officers Associati o n w i l l b e g i v e n t h e o p p o r t u n i t y t o a p p l y f o r a n y Lieutenant or Captain position(s) being sought by or potential l y o f f e r e d t o a n y n e w e m p l o y e e s f r o m t h e municipality/public entity. New employees entering the Command Officers bargaining unit a s a r e s u l t o f a c o n t r a c t o r a r r a n g e m e n t for provision of law enforcement services shall serve a one-y e a r p r o b a t i o n a r y p e r i o d . New employees entering the Command Officers Bargaining Unit w i l l h a v e a d a t e o f h i r e f o r p u r p o s e s o f layoff/recall that will be the first day of employment with the O a k l a n d C o u n t y S h e r i f f s O f f i c e . New employees in the Command Officers Bargaining Unit who a r e n o t c o r r e c t i o n s c e r t i f i e d , s h a l l b e c o m e corrections certified as soon as practicable, but not later than o n e y e a r a f t e r t h e i r a p p o i n t m e n t , u n l e s s t h e r e a r e extenuating circumstances. This provision applies only to the hiring of new employees in t h e C o m m a n d O f f i c e r s B a r g a i n i n g U n i t a s a result of a contract or arrangement for the provision of law e n f o r c e m e n t s e r v i c e s b e t w e e n t h e C o u n t y a n d a municipality/public entity. Any practices or arrangements re l a t e d t o t h e e n t r y i n t o t h e C o m m a n d O f f i c e r s Bargaining Unit under other circumstances are not affected b y t h i s p r o v i s i o n . XI FALSE ARREST INSURANCE Employees covered by this Agreement shall be provided, by the E m p l o y e r , a p o l i c y o f F a l s e A r r e s t L i a b i l i t y Insurance coverage. The premiums for such insurance will be p a i d b y t h e C o u n t y . T h e C o u n t y m a y p u r c h a s e liability insurance to provide the above protection or may prov i d e a s e l f - i n s u r a n c e p r o g r a m . XII DEFENSE AND INDEMNIFICATION In accordance with Miscellaneous Resolution # 85339, adopted N o v e m b e r 2 1 , 1 9 8 5 b y t h e B o a r d o f Commissioners, whenever a claim is made or a civil action is co m m e n c e d a g a i n s t a n o f f i c e r o r e m p l o y e e o f t h e County of Oakland for injuries to persons or property alleged l y c a u s e d b y t h e o f f i c e r o r e m p l o y e e w h i l e a c t i n g within the scope of his or her authority, the County shall pay for all r e a s o n a b l e c o s t s o f l i t i g a t i o n a n d e n g a g e o r furnish the services of an attorney in accordance with County po l i c y t o a d v i s e t h e o f f i c e r o r e m p l o y e e a s t o t h e claim and to appear for and represent the officer or Employer in t h e a c t i o n . T h e C o u n t y m a y c o m p r o m i s e , s e t t l e and pay the claim before or after the commencement of a civil a c t i o n . W h e n e v e r a j u d g m e n t f o r d a m a g e s i s awarded against an officer or employee of the County as a resu l t o f a c i v i l a c t i o n f o r p e r s o n a l i n j u r i e s o r p r o p e r t y damage caused by the officer or employee while in the course o f e m p l o y m e n t a n d w h i l e a c t i n g w i t h i n t h e s c o p e of his or her authority, the County of Oakland shall indemnify t h e o f f i c e r o r e m p l o y e e o r p a y , s e t t l e o r compromise the judgment. To be eligible for the Defense and I n d e m n i t y o b l i g a t i o n s s e t f o r t h i n t h i s p a r a g r a p h , officers and employees shall cooperate in all respects with Co r p o r a t i o n C o u n s e l o r a s s i g n e d c o u n s e l i n d e f e n d i n g the claim or lawsuit. 9 When a criminal action is commenced against an officer or employ e e o f t h e C o u n t y o f O a k l a n d b a s e d upon the conduct of the officer or employee in the course of em p l o y m e n t , i f t h e e m p l o y e e o r o f f i c e r h a d a reasonable basis for believing that he or she was acting with i n t h e s c o p e o f h i s o r h e r a u t h o r i t y a t t h e t i m e o f t h e alleged conduct, the County of Oakland shall pay for, engag e o r f u r n i s h t h e s e r v i c e s o f a n a t t o r n e y t o a d v i s e t h e officer or employee as to the action and to appear for and r e p r e s e n t t h e o f f i c e r o r t h e e m p l o y e e i n t h e a c t i o n . T o be eligible for payment or reimbursement for counsel, an em p l o y e e o r o f f i c e r w h o i s c h a r g e d c r i m i n a l l y m u s t immediately provide notice of and a copy of the criminal ch a r g e s t o O a k l a n d C o u n t y C o r p o r a t i o n C o u n s e l . Provided that the officer or employee is otherwise entitled t o h a v e t h e C o u n t y p a y f o r t h e s e r v i c e s o f a n a t t o r n e y pursuant to the policy, the County of Oakland will pay for or r e i m b u r s e f o r t h e a t t o r n e y ' s s e r v i c e s c o n s i s t e n t w i t h Oakland County's Liability Claims Policy and Procedures (as a m e n d e d b y M R 4 4 9 1 0 1 6 ) a s t h e y p e r t a i n t o t h e provisions of and compensation of Counsel in civil matters . A r r a n g e m e n t s f o r a n a u t h o r i z a t i o n o f p a y m e n t o f t h e services of any attorney must be approved in advance. Atto r n e y s s o e m p l o y e d s h a l l b e r e q u i r e d t o p r o v i d e t h e County with monthly detailed billings describing the services r e n d e r e d . Per MISCELLANEOUS RESOLUTION #86124, adopted MAY 8, 1 9 8 6 b y t h e B o a r d o f C o m m i s s i o n e r s , "Officer(s) and Employee(s) of Oakland County" are defined to in c l u d e : E l e c t e d o r A p p o i n t e d O f f i c e r s a n d Officials; Employees; Volunteers; all Committees, Authorities, Co m m i s s i o n s , B o a r d s a n d C o u n c i l s , i n c l u d i n g t h o s e incorporated by authority of State or Federal Law, and all memb e r s t h e r e o f . The County may purchase liability insurance to provide the abo v e p r o t e c t i o n o r m a y p r o v i d e a s e l f - insurance program. XIII GENERAL CONDMONS Section 1 The Union shall be notified in advance of anticipated permanent m a j o r c h a n g e s i n w o r k i n g c o n d i t i o n s a n d discussions shall be held within reasonable time if requested by th e U n i o n . Section 2 The provisions of this agreement shall be applied equally and w i t h o u t f a v o r i t i s m t o a l l e m p l o y e e s i n t h e bargaining unit. There shall be no discrimination as to age, s e x , m a r i t a l s t a t u s , r a c e , c o l o r , c r e e d , n a t i o n a l o r i g i n or political affiliation. The Union shall share equally with the Em p l o y e r t h e r e s p o n s i b i l i t y f o r a p p l y i n g t h i s provision of the agreement. Section 3 Employees elected to any permanent full time Union office or sel e c t e d b y t h e U n i o n t o d o w o r k w h i c h takes them from their employment with the County, shall at the w r i t t e n r e q u e s t o f t h e U n i o n b e g r a n t e d a l e a v e of absence without pay. The leave of absence shall not exceed t w o ( 2 ) y e a r s , b u t i t s h a l l b e r e n e w e d o r e x t e n d e d for similar period at any time upon the written request of the U n i o n . Section 4 When any position not listed on the wage schedule is filled or esta b l i s h e d , t h e C o u n t y m a y d e s i g n a t e a j o b classification and rate structure for the position. In the event the Union does not agree that the rate for the classification is proper, the Union shall have the right to submit the issue a s a g r i e v a n c e t h r o u g h t h e g r i e v a n c e procedure within a three (3) month period. 10 Section 5 Any employee who is eligible for overtime compensation and who is required to wor k o v e r t i m e w h i c h i s not contiguous to the employee's regular work schedule shall be entitled to a mini m u m o f t w o ( 2 ) h o u r s w o r k o r pay for weekdays and three (3) hours work or pay for weekends at the time-and- o n e - h a l f r a t e , a n d t h r e e ( 3 ) h o u r s of pay on holidays at the appropriate holiday rate. (Weekdays are defined as the f i r s t f i v e ( 5 ) d a y s o f w o r k w h i c h are part of an employee's regular work schedule.) Court duty appearance pay shall be applied in the following manner: When officer s e l i g i b l e f o r o v e r t i m e compensation are required to appear in court, they shall be compensated at the r a t e o f t i m e a n d o n e - h a l f f o r a l l time spent in court, with a guarantee of a minimum of two hours pay per day, u n d e r t h e f o l l o w i n g c o n d i t i o n s : 1. Officer must be off duty at court time. 2. Case must be of a criminal nature or related to traffic enforcement or the employee is a p p e a r i n g on behalf of the Department at a deposition or a civil matter. Section 6 All Sergeants and Lieutenants will be entitled to make a shift preference selection wi t h i n h i s / h e r D i v i s i o n (Corrective Services-Main Jail Division, Corrective Services-Satellites Facilities Div i s i o n , E m e r g e n c y Communications Operations Division, Patrol Services Division (within each loc a t i o n - s u b s t a t i o n o n l y ) , R o c h e s t e r Hills Division, Pontiac Division) with the shift change closest to April 1st and O c t o b e r l ' t o f e a c h y e a r . T h i s s h i f t preference selection is to be based on seniority within classification (time in gra d e ) a n d i s s u b j e c t t o t h e a p p r o v a l of the Sheriff or his/her designee. It is understood that approval will not be u n r e a s o n a b l y w i t h h e l d . S h i f t preference selection shall be submitted to the Division Captain 30 days prior to the da t e o f s h i f t p r e f e r e n c e selection. Any employee assigned to Investigative and Forensic Services Division an d t h e E m e r g e n c y R e s p o n s e and Preparedness Division are not included in shift preference selection. It is understood that notwithstanding any other agreement regulation or provisio n t o t h e c o n t r a r y , employees classified as Sergeants and Lieutenants will not be eligible for shift p r e m i u m . It is further understood that all provisions of this section related to shift selection in no wa y e f f e c t s t h e Sheriff's right to determine assignments. Section 7 Effective December 1, 2013: 1. The provisions of the Oakland County Merit System in the Oakland County Employe e s Handbook concerning holidays, holiday pay, premium pay on holidays, and overtim e o n holidays, shall not apply to members of the bargaining unit with respect to Presi d e n t ' s Day, Veterans' Day, and the day after Thanksgiving Day. 2. Effective with the execution of this agreement October 2, 2013, the provisions of the Oakland County Merit System in the Oakland County Employee's Handbook concernin g holidays, holiday pay, premium pay and overtime on holidays shall apply to memb e r s o f the bargaining unit with respect to: New Year's Day, Martin Luther King, Jr. Day, M e m o r i a l 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 e v e r y year without regard to the day of the week on which they fall. 11 3, At least 10 days prior to a holiday the Employer shall determine its staffing requireme n t s and affected employees shall be notified at least 10 days prior to the holiday at each w o r k location. Section 8 All time, whether worked or compensated through an employee's use of leave t i m e , i n e x c e s s o f a n o r m a l eight hour working day in the 24-hour period beginning with the start of the e m p l o y e e ' s n o r m a l w o r k i n g s h i f t t h a t day, shall be considered overtime and credited to the calendar day in which the 24 - h o u r p e r i o d b e g a n . Section 9 Except in exigent circumstances not reasonably expected to exceed 30 days, a m i n i m u m o f 1 0 % o f t h e bargaining unit employees at a job location per shift shall be permitted to take leave f r o m a n y a v a i l a b l e b a n k . Section 10 (a) When the Sheriff or his/her designee decides to fill a Command Officer (Serge a n t , D e t e c t i v e S e r g e a n t Specialist, Lieutenant and Captain) vacancy, the vacancy shall be filled from an e m p l o y e e w h o h a s s u b m i t t e d a n Oakland County Sheriffs Command Officer's Association Letter of Interest Form . E a c h y e a r , t h e L e t t e r o f i n t e r e s t form shall be provided by the Sheriffs Office and approved by the Union. Once co m p l e t e d , t h e L e t t e r o f I n t e r e s t Form shall be submitted to the Sheriffs Office Administration by the employee w h o i s i n t e r e s t e d i n s a i d v a c a n c y or a possible future vacancy. A time/date stamp letter shall be provided to t h e S e c r e t a r y o f t h e U n i o n b y t h e Command Officer submitting the request, in order to be considered for the va c a n c y , t h e C o m m a n d O f f i c e r s h a l l meet the minimum qualifications as determined by the Sheriffs Office for the open po s i t i o n . T h e S h e r i f f s h a l l make the final decision on the assignment. (b) When a Special Assignment vacancy exists, the Sheriff may appoint the employee w h o h a s s u b m i t t e d a Letter of Interest Form on file with the Sheriff's Office and also must have at leas t o n e y e a r o f s e n i o r i t y w i t h i n t h e Oakland County Command Officer's Association, Section 11 A Command Officer shall receive one Command Floating Day (CFD) in the first pay p e r i o d o f t h e n e w calendar year. CED is equivalent to 8 hours leave time. Use of the CFD shall n o t c a u s e o v e r t i m e f o r t h e department. When using the CFD, employees shall be granted the time off an d s h a l l b e p a i d a t t h e i r r e g u l a r r a t e for the day, just as if they had worked. Command Floating Day has no cash v a l u e a n d m u s t b e u s e d p r i o r t o t h e last pay period of the current calendar year; CFD cannot be accumulated or c a r r i e d o v e r t o t h e n e x t c a l e n d a r y e a r . Section 12 A request for Shift/Leave Day Exchange shall be submitted in the Kronos system ( o r i t s e q u i v a l e n t ) a t a minimum of 8 hours prior to the exchange taking place. If the employee is unable t o s u b m i t a r e q u e s t f o r Shift/Leave Exchange within 8 hours of the beginning of first exchanged shift, t h e r e q u e s t i n g e m p l o y e e s h a l l submit the request as soon as practicable. Shift exchanges may be for all or p a r t o f a s h i f t , p r o v i d e d i t i s a t t h e beginning or the end of a shift. Trades shall be limited to employees whose classifica t i o n s a r e t h e s a m e . T h e r e will be no cross-divisional trades allowed, except at the Sheriff or his or her designee's discretion. 12 As a minimum, one exchange per shift will be allowed. More than one exchange pe r s h i f t w o u l d r e q u i r e t h e Sheriff's approval or his or her designee. Traded leave days must occur within th e s a m e p a y p e r i o d . T r a d e d l e a v e days shall be subject of approval by both (if applicable) the employee's immedia t e s u p e r v i s o r . Any employee who fails to work his or her portion of a leave day exchange shal l h a v e t h a t a m o u n t o f hours deducted from his or her leave bank(s) and will be charged an "ill" day in t h e K r o n o s ( o r i t s e q u i v a l e n t ) system on his or her synopsis sheet. Furthermore, the employee shall be prohi b i t e d f r o m p a r t i c i p a t i n g i n a Shift/Leave Day Exchange for a period of one year from the date of the infracti o n . Employees assigned to the Investigative and Forensic Services Division and th e E m e r g e n c y R e s p o n s e a n d Preparedness Division are excluded from Shift/Leave Day Exchanges. Shift/Leave Day E x c h a n g e s a r e o n l y applicable to uniform personnel, XIV SHERIFF HOLIDAY LEAVE Effective the first pay period following December 1 of each year, bargaining unit m e m b e r s s h a l l r e c e i v e five (5) days of Sheriff Holiday Leave. Employees hired after December 1 shall r e c e i v e o n e ( 1 ) d a y o f S h e r i f f Holiday Leave for each quarter annual period, or part thereof, between their d a t e o f h i r e a n d N o v e m b e r 3 0 ( e . g . , an employee hired on May 1 would receive three (3) days of Sheriff Holiday Lea v e ) . S c h e d u l i n g a n d u s e o f S h e r i f f Holiday Leave shall be subject to the following restrictions: (a) Sheriff Holiday Leave shall be used and scheduled in the same manner as an annua l l e a v e , except that an employee may only use Sheriff Holiday Leave when his/her annual lea v e accumulation is less than two-thirds of the maximum accumulation. (b) Employees may not accumulate Sheriff Holiday Leave from one year to the next year. Employees shall be paid for any unused Sheriff Holiday Leave for the period Decem b e r 1 to November 30 on the first payday following the end of the pay period which inclu d e s November 30. Payment for unused Sheriff Holiday Leave shall be at the emp l o y e e ' s straight time rate of pay on November 30. (c) Employees separating from County service or leaving the bargaining unit for other reasons shall be entitled to one day of Sheriff Holiday Leave for each quarter annua l period or part thereof between their date of separation or leaving the bargaining u n i t a n d the prior December 1 (e.g., an employee separating or Leaving the bargaining un i t J u n e 1 would be entitled to three days of Sheriff Holiday Leave for that annual period) . S h o u l d a separating employee have used more Sheriff Holiday Leave at the time of se p a r a t i o n o r leaving the bargaining unit than he/she would be entitled in accordance wi t h t h e a b o v e formula, the Employer will subtract from the employee's annual leave bank the numb e r of days used in excess of those earned. December 1— February 28 = 1st Quarter March 1 — May 31 = 2nd Quarter June 1 August 31 = 3rd Quarter September 1 — November 30 = 4th Quarter Employees separated from County service shall be paid at separation for their u n u s e d accumulation of Sheriff Holiday Leave at the salary rate the employee is being p a i d o n his/her final day of actual wok. (d) The one floating holiday which all employees have enjoyed in the past will not be sub j e c t to the above regulations but will continue to be governed by the provisions of Merit R u l e 26.1.2. 13 XV ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES All Resolutions which have been passed by the Oakland County Board of Commis s i o n e r s , o n o r b e f o r e September 30, 2018, relating to the working conditions and compensation of the e m p l o y e e s c o v e r e d b y t h i s agreement, and all other benefits and policies provided for in the Oakland County M e r i t S y s t e m , w h i c h incorporates the Oakland County Employee's Handbook, are incorporated her e i n b y r e f e r e n c e a n d m a d e a p a r t hereof to the same extent as if they were specifically set forth, unless a resolutio n c o n f l i c t s w i t h t h e t e r m s o f t h i s Agreement. XVI RETIREMENT BENEFITS All Resolutions of the Oakland County Board of Commissioners, as amended an d i n e x i s t e n c e o f t h e d a t e o f this Agreement and as modified by prior Collective Bargaining Agreements be t w e e n t h e p a r t i e s , r e l a t i n g t o Retirement System benefits, and all retirement system benefits and policies provided f o r i n t h e O a k l a n d C o u n t y Employees' Handbook, Oakland County Merit System, except as provided and am e n d e d h e r e i n , a r e i n c o r p o r a t e d herein by reference and made a part hereof to the same extent as if they were spec i f i c a l l y s e t f o r t h , s u b j e c t t o t h e following: To the extent of any conflict between the provisions below and th e O a k l a n d C o u n t y E m p l o y e e s ' Retirement Program, Oakland County Merit System, or the Oakland County Em p l o y e e s ' R e t i r e m e n t S y s t e m Restated Resolution, the following provisions shall be controlling: 1. Effective January 1, 1978, employees hired after this date will not be eligible to inc l u d e f i n a l s i c k leave or annual leave cash-in payments as part of their "Final Average C o m p e n s a t i o n " f o r t h e purpose of computing retirement benefits. 2. Effective January 1, 1989, all employees with eight (8) or more years of full-ti m e C o u n t y s e r v i c e shall be eligible for the Military Buyback Option as developed by the Oakland C o u n t y R e t i r e m e n t Commission and approved by the Oakland County Board of Commissioners. Employ e e s w h o a r e eligible for the Military Buyback prior to the final ratification of this agreement, a n d f a i l e d t o exercise the option, will be allowed to buy back up to two (2) years of military s e r v i c e a t t h e Employer's actual cost as determined by the Employer's actuary. 3. Effective June 1, 1994, employees new to the bargaining unit shall not be enti t l e d t o u s e o v e r t i m e pay as part of "Final Average Compensation" for the calculation of retirement bene f i t s . 4. Effective January 1, 1995, unit employees who have twenty-five (25) years of s e r v i c e w i t h t h e Sheriffs Department, after compliance with all other requirements, may be eligible f o r r e t i r e m e n t regardless of their age. 5. Any individual, who enters the bargaining unit through promotion or otherwise, w h o i s a p a r t i c i p a n t in the County's Defined Contribution Retirement Plan shall continue to be a p a r t i c i p a n t i n t h e Defined Contribution Retirement Plan and shall no be a participant in the County's Defi n e d B e n e f i t Retirement Plan. 6. Effective March 19, 1998, (i.e., with respect to payroll dates and amounts on and a f t e r M a r c h 1 9 , 1998), all members of the Defined Benefit Retirement System shall contribute 5% o f t h e a m o u n t of compensation used in computing "Final Average Compensation" as member contributions to the Defined Benefit Retirement System which will be used to fund, in part, the re t i r e m e n t benefits provided by the Defined Benefit Retirement System. 14 Effective March 19, 1998, the required employee contributions of 5 % o f " c o m p e n s a t i o n " ( a s defined in Section3(a) of the Restated Resolution of the Rules and R e g u l a t i o n s g o v e r n i n g t h e Oakland County Employees' Retirement System as revised May 21, 19 9 2 , e x c l u d i n g o v e r t i m e w i t h respect to employees hired on or after June 1, 1994, and sick leave and annu a l l e a v e c a s h i n payments for employees hired after January 1, 1978) shall be picked up (i.e . , a s s u m e d a n d p a i d ) by the employer for purposes of Internal Revenue Code Section 414(h)(2)o f t h e I n t e r n a l R e v e n u e Code. Said Employer contributions will be paid by the Employer to th e D e f i n e d B e n e f i t Retirement System plan and no employee shall have any option of ch o o s i n g t o r e c e i v e t h e amounts directly. This 414(h)(2) arrangement shall not affect determ i n a t i o n o f f i n a l a v e r a g e compensation for pension contribution purposes. 7. Effective March 19, 1998, with respect to all persons who are active em p l o y e e s a n d m e m b e r s o f the Defined Benefit Retirement System on or after March 19, 1998, t h e p e r c e n t a g e f a c t o r u s e d t o compute applicable benefit amounts will be 2.5%. Provided, however that i n o r d e r t o b e e l i g i b l e for and to receive the 2.5% factor, an employee is required to be an a c t i v e m e m b e r o f t h e Command Officers bargaining unit for two (2) full years. 8. Vested former members must continue to meet the requirements of the R e t i r e m e n t S y s t e m Restated Resolution in effect at the time said person terminated their em p l o y m e n t a n d terminates their membership in the Retirement System as an active em p l o y e e . 9. All bargaining unit employees shall have the option to transfer from the D e f i n e d B e n e f i t Retirement Program to the Defined Contribution Retirement plan as s e t f o r t h i n M i s c e l l a n e o u s Resolution # 94275, and as approved by the Internal Revenue Service b a s e d o n a m u l t i p l i e r o f 2.2%. Eligible employees must exercise this option between April 1, 2000 and May 3 1 , 2 0 0 0 . T h e calculations will be based on the status of the participant's defined benefits r e t i r e m e n t a c c o u n t a s of December 31, 1999. In lieu of any increase in value in the Defined Benef i t A c c o u n t f r o m continued employment between December 31, 1999 and the date of paym e n t t o t h e D e f i n e d Contribution Retirement Plan, each electing participant shall receive int e r e s t a t t h e r a t e o f 7 . 5 % per annum on his/her account. Election shall be made by delivering a s i g n e d c o p y o f t h e e l e c t i o n form to the County Personnel Department. Once an employee elects to t r a n s f e r f r o m t h e D e f i n e d Benefit Retirement Program to the Defined Contribution Retirement P l a n , t h e e m p l o y e e s h a l l n o t be eligible to be a participant in the Defined Benefit Retirement Program a t a n y t i m e t h e r e a f t e r . 10. The Union agrees to fully cooperate and to take any action necessary wi t h t h e C o u n t y i n o b t a i n i n g or continuing any necessary Internal Revenue Service rulings or other r e q u i r e m e n t s o r a n y o t h e r requirements imposed by any government or other authority concern i n g t h e D e f i n e d B e n e f i t Retirement Plan or the Defined Contribution Retirement Plan. 11. Employees hired on or after January 1, 1989, who subsequently retire from C o u n t y s e r v i c e s h a l l not be eligible for County reimbursement of Medicare Part B payments. 12. Effective September 13, 1984, employees retiring with 25 years' servic e i n t h e D e p a r t m e n t s h a l l be eligible for health care benefits as provided under the Oakland Count y R e t i r e e ' s h e a l t h c a r e plan regardless of their age. 13. The County shall make the following contributions and matchings co n t r i b u t i o n s t o t h e D e f i n e d Contribution Retirement Plan for employees hired prior to May 27, 1 9 9 5 : 15 (a) For calendar year 2000 the County shall contribute 11% of base wages to the Defined Contribution Retirement Plan and the employee shall contribute 4% of base wages to the Retirement Plan. (b) For calendar year 2001 the County shall contribute 12% of base wages to the Defined Contribution Retirement Plan and the employee shall contribute 5% of base wages to the Retirement Plan. 14. All bargaining unit employees hired on or after May 27, 1995 shall only be eligible to participate in the Defined Contribution Retirement Plan, as adopted by the Board of Commissioners in Miscellaneous Resolution #94185. The County shall make the following contributions and matching contributions to the Defined Contribution Retirement Plan: (a) For calendar year 2000 the County shall contribute 7% of base wages to the Defined Contribution Retirement Plan and the employee shall contribute 1% of base wages to the Retirement Plan. (b) For calendar year 2001 the County shall contribute 8% of base wages to the Defined Contribution Retirement Plan and the employee shall contribute 2% of base wages to the Retirement Plan. (c) Effective November 28, 2012, the contribution for employees in the Defined Contribution Retirement Plan hired on or after 05/27/95, the County will contribute 10% of base wages and the employee will contribute 5% of base wages to Retirement Plan. (d) Effective with the execution of this agreement October 2, 2013, employees hired on or after 5/27/95, in the Defined Contribution Plan, shall contribute an additional 1% of base wages to the Retirement Plan for a total of 6%. Should the County contribution increase for the general, non-represented employees during the length of this contract, the increase shall be applied to all employees represented by this bargaining unit, in the Defined Contribution Plan, at the same time and in the same manner. 15. The Following employees shall only receive retiree health care benefits pursuant to Miscellaneous Resolution #94292: (a) Any employee hired, or non-vested former employee rehired on or after May 27, 1995; (b) Any employee entering the bargaining unit who is already subject to Miscellaneous Resolution #94292. (c) Employees hired after March 5,2009, will be a part of the Health Savings Account Retirement Program. The Employer shall contribute $125 per bi-weekly paycheck to the Health Savings Account Retirement Program for each participant in the program. New employees in this bargaining unit who are promoted from the 0.C.D.S.A. will continue in the same retirement health care plan as they had been in that bargaining unit. Retiree Health Care Except for the members of this bargaining unit who are solely covered by the Retiree Health Savings Account, the Employer and the Union agree that when the Union member retires, he/she shall become a part of the County's general retiree group and as such shall participate in the healthcare program that the County provides to retirees and eligible dependents. The Employer and the Union acknowledge and agree that the Union and its members have assurance under Oakland County Ordinance #27 that the retiree health care benefits shall be provided through either (a) the County and/or (b) a government program (e.g., Medicare); and that basic retiree health care shall be maintained. 15 The parties also acknowledge and agree that the Emp l o y e r s h a l l c o n t i n u e t o h a v e t h e right to select cost-effective funding methods, admini s t r a t o r s , a n d t o r e a s o n a b l y m o d i f y , f r o m time to time, the portion of the total cost to be borne b y r e t i r e e s f o r r e c e i v i n g s u c h b e n e f i t s ( e . g . , co-pays and deductibles). The parties also agree that the Employer can modif y i t s r e t i r e e h e a l t h c a r e p r o g r a m s s o that the County and its retirees can participate in any g o v e r n m e n t s p o n s o r e d p r o g r a m o r p o l i c y a s long as the benefits provided are of comparable cove r a g e i s p r o v i d e d i n O a k l a n d C o u n t y Ordinance #27. XVII MAINTENANCE OF CONDITIONS Wages, hours and conditions of employment legally in e f f e c t a t t h e e x e c u t i o n o f t h e A g r e e m e n t s h a l l , except as modified herein, be maintained during t h e t e r m o f t h i s a g r e e m e n t . XVIll ECONOMIC MATTERS The agreement between the parties on economic m a t t e r s a r e s e t f o r t h i n A p p e n d i x A a n d A p p e n d i x B attached hereto and are incorporated into this Colle c t i v e B a r g a i n i n g A g r e e m e n t , s u b j e c t t o t h e t e r m s a n d conditions thereof. XIX NO STRIKE— NO LOCKOUT Under no circumstances will the Union cause or auth o r i z e o r p e r m i t i t s m e m b e r s t o c a u s e , n o r w i l l a n y member of the bargaining unit take part in, any strike , s i t - d o w n , s t a y - i n o r s l o w d o w n o r a n y v i o l a t i o n o f a n y S t a t e law. In the event of a work stoppage or other curtail m e n t , t h e U n i o n s h a l l i m m e d i a t e l y i n s t r u c t t h e i n v o l v e d employees in writing, that their conduct is in violatio n o f t h e c o n t a c t a n d t h a t a l l s u c h p e r s o n s s h a l l i m m e d i a t e l y cease the offending conduct. The Employer will not lockout any employees of t h e b a r g a i n i n g u n i t d u r i n g t h e t e r m o f t h i s a g r e e m e n t . XX EMERGENCY MANAGER An Emergency Manager appointed under the local Financ i a l S t a b i l i t y a n d C h o i c e A c t m a y r e j e c t , m o d i f y o r terminate this collective bargaining agreement as p r o v i d e d w i t h i n t h e L o c a l F i n a n c i a l S t a b i l i t y a n d C h o i c e A c t , 4 3 6 P.A. 2012. Inclusion of the foregoing language does not constitut e a w a i v e r o f t h e C O A M ' s r i g h t t o r a i s e Constitutional and/or other legal challenges (including c o n t r a c t u a l o r a d m i n i s t r a t i v e c h a l l e n g e s ) t o : ( 1 ) t h e v a l i d i t y of the Local Financial Stability and Choice Act, 436 P.A . 2 0 1 2 ; ( 2 ) a p p o i n t m e n t o f a n E m e r g e n c y M a n a g e r ; o r ( 3 ) any action of an Emergency Manager which acts to r e j e c t , m o d i f y o r t e r m i n a t e t h e c o l l e c t i v e b a r g a i n i n g agreement. 17 XXI DURATION This agreement shall remain in full force and effect from October 1, 2018 to midnight, September 30, 2021. The agreement shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing, one hundred twenty (120) days prior to September 30, 2021, that it desires to modify the agreement. In the event that such notice is given, negotiations shall begin within a reasonable period of time. This agreement shall remain in full force and be effective during the period of negotiations and until notice of termination of this agreement is provided to the other party in the manner set forth in the following paragraph. In the event that either party desires to terminate this agreement, written notice must be given to the other party no less than ten (10) days prior to the desired termination date which shall not be before the anniversary date set forth in the preceding paragraph. It is agreed and understood that the provisions contained herein shall remain in full force and effect so long as they are not in violation of applicable statues and ordinances and remain within the jurisdiction of the County of Oakland. COMMAND OFFICERS ASSOCIATION OF MICHIGAN COUNTY OF OAKLAND By Michael Bouchard, Sheriff James Tignanelli, POAM OAKLAND COUNT( COMMAND OFFICERS ASSOCIATION By David Woodward, Board Chairperson By L. Brooks Patterson, County Executive 18 Fiscal Year 2019 - 2% Classification Captain Annual Bi-weekly $97,046 $3,732.52 $100,283 $103,529 $3,857.04 $3,981.87 Base 1 Year 2 Year FY 2019 FY 2020 Annual 81-weekly FY 2021 Annual Bi-weekly Lieutenant Sergeant FY 2019 Annual Bi-weekly FY 2020 Annual Bi-weekly FY 2021 Annual 13i-weekly FY 2019 Annual 13i-weekly FY 2020 Annual 81-weekly FY 2021 Annual 131-weekly Detective Sergeant Pt 2019 Annual Specialist Bi-weekly FY 2020 Annual 13i-weekly FY 2021 Annual Bi-weekly APPENDIX A I WAGES $98,986 $3,807.17 $100,966 $3,883.31 $88,683 $3,410.87 $90,456 $3,479.09 $92,265 $3,548.67 $82,079 $3,156.89 $83,721 $3,220.03 $85,395 $3,284.43 $87,173 $3,352.79 $88,916 $3,419.85 $90,695 $3,488.25 $102,289 $105,599 $3,934.18 $4,061.51 $104,334 $107,711 $4,012.86 $4,142.74 $91,399 $94,117 $3,515.34 $3,619.90 $93,227 $96,000 $3,585.65 $3,692,30 $95,091 $97,920 $3,657.36 $3,766.15 $83,735 $85,561 $3,220.58 $3,290.80 $85,410 $87,272 $3,284.99 $3,356.62 $87,117 $89,018 $3,350.69 $3,423.75 $88,916 $91,399 $3,419.86 $3,515.34 $90,695 $93,227 $3,488.26 $3,585.65 $92,509 $95,091 $3,558.03 $3,657.36 Fiscal Year 2020- 2%. 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. 19 Fiscal Year 2021— 2%. Should a general wage increase greater t h a n 2 % b e p r o v i d e d t o t h e g e n e r a l , n o n - represented employee groups for FY2021 then this bargaining u n i t w o u l d b e e n t i t l e d t o t h e s a m e i n c r e a s e a t t h e same time and in the same manner, *The County salary rates are officially reported in bi-weekly a m o u n t s . A n n u a l r a t e s a r e s h o w n f o r i l l u s t r a t i v e purposes only. CAPTAIN WEEKEND DUTY PAY One Captain shall be designated to be on-call during a week inclu d i n g n o n - o f f i c e h o u r s o n w e e k d a y s a n d on Saturday and Sunday. In addition to being on call, the C a p t a i n s h a l l b e a t w o r k a t t h e S h e r i f f ' s O f f i c e f o r a t least four (4) hours each Saturday and Sunday. Captains ar e n o t r e q u i r e d t o r e p o r t t o w o r k a t t h e S h e r i f f ' s O f f i c e on Holidays but will be on-call. Effective January 1, 2019, the de s i g n a t e d C a p t a i n s h a l l b e c o m p e n s a t e d $ 9 0 0 f o r each week he/she works as the Weekly Duty Captain. Effective J a n u a r y 1 , 2 0 2 0 , t h e d e s i g n a t e d C a p t a i n s h a l l b e compensated $1000 for each week he/she works as the Weekly D u t y C a p t a i n . Ill CLOTHING ALLOWANCE Eligible non-uniformed Sergeants and Lieutenants shall rece i v e a c l o t h i n g a n d c l e a n i n g a l l o w a n c e a t a n annual rate of $425 payable in installments of $212.50 in Jun e a n d i n D e c e m b e r . Eligible Non-uniformed Sergeants and Lieutenants that are requi r e d b y t h e S h e r i f f t o w e a r a s u i t / t i e and/or shirt/tie shall receive an additional $250 clothing and clea n i n g a l l o w a n c e a n n u a l l y . T h e t o t a l a n n u a l r a t e will be $675 payable in installments of $337.50 in June and in Dec e m b e r . The Captain assigned to Investigative and Forensic Services is r e q u i r e d b y t h e S h e r i f f t o w e a r a s u i t / t i e and/or shirt/tie shall receive a total annual clothing and clean i n g a l l o w a n c e o f $ 6 7 5 p a y a b l e i n i n s t a l l m e n t s o f $337,50 in June and in December. Officers assigned plain clothes duty by the Sheriff for 30 con s e c u t i v e d a y s o r m o r e s h a l l b e e n t i t l e d t o a pro-rated clothing and cleaning allowance. Should new grants or patrol contracts approved by the Boar d o f C o m m i s s i o n e r s c o n t a i n p r o v i s i o n s f o r clothing allowances, officers assigned to the new positions w i l l b e e l i g i b l e f o r t h e a l l o w a n c e . IV DIVERS PREMIUM PAY (a) Divers shall receive straight time pay for on-duty hours of work. (b) For all hours on the job other than on-duty hours, the diver sha l l r e c e i v e t i m e a n d o n - h a l f p a y . *(c) The divers shall receive premium pay of $5.00 per hour over a n d a b o v e t h e r a t e s s e t f o r t h i n sections (a) and (b) above when performing diving activities. *(d) When diving under the ice, divers shall receive premium pay o f $ 1 0 . 0 0 p e r h o u r o v e r a n d a b o v e the rates set forth in sections (a) and (b) above. *Computation of the $5.00 per hour and $10.00 per hour premium p a y s h a l l b e c o m p u t e d t o t h e n e a r e s t o n e - h a l f (2) hour. 20 V LIEUTENANT CORRECTIVE SERVICES/DETENTION FACILITIES BONUS An annual bonus in the amount of $2000 shall be paid to one (1) Lieute n a n t ( a p p r o v e d b y t h e S h e r i f f ) assigned to Corrective Services/Detention Facilities to be paid bi-weekly . VI DEFERRED COMPENSATION The County has a 457 (b) Deferred Compensation Plan. The County mat c h e s t h e f i r s t $ 3 0 0 c o n t r i b u t e d t o the 457 (b) Plan by a Command Officer each calendar year. Effective Ja n u a r y 1 , 2 0 1 7 , t h e C o u n t y w i l l m a t c h t h e first $1000 contributed to the 457 (b) Plan by a Command Officer each c a l e n d a r y e a r . T h e C o u n t y w i l l m a t c h t h e first $1500 contributed by the employee per calendar year to the Coun t y 4 5 7 ( a ) D e f e r r e d C o m p e n s a t i o n P l a n effective January 1, 2019. The County will match the first $2000 co n t r i b u t e d b y t h e e m p l o y e e p e r c a l e n d a r y e a r to the County 457(a) Deferred Compensation Plan effective Januar y 1 , 2 0 2 0 . T h e C o u n t y w i l l m a t c h t h e f i r s t $2500 contributed by the employee per calendar year to the County 457(a) D e f e r r e d C o m p e n s a t i o n P l a n e f f e c t i v e January 1, 2021. VII CALL-OUT PAY The County will guarantee a minimum of two hours of pay at the employ e e ' s a p p l i c a b l e r a t e t o a n employee who has checked out, gone home and is then called out for a d d i t i o n a l w o r k . S h o u l d a n e m p l o y e e b e called out on a leave day he/she shall be entitled to three hours work or p a y a t t h e e m p l o y e e ' s a p p l i c a b l e r a t e . Where an employee is called into work while off duty and the call-in is c a n c e l l e d w i t h i n 6 0 m i n u t e s o f t h e beginning of the shift the employee shall be paid two (2) hours at 1. 5 t i m e s t h e e m p l o y e e ' s r e g u l a r r a t e o f p a y and shall not be required to work (the minimums set forth in the fir s t t w o s e n t e n c e s s h a l l n o t a p p l y ) . C a l l - o u t s must be non-contiguous to the employee's regular shift and for other than Cou r t A p p e a r a n c e ( A r t i c l e X I I I , S e c t i o n 5) to be compensable under this article. Call-out pay shall be calculated b e g i n n i n g u p o n a r r i v a l a t t h e w o r k s i t e and shall end upon the employee leaving the work site. Captains shall be e x c l u d e d f r o m r e c e i v i n g c a l l - o u t p a y . VIII FTO PAY Those Sergeants who are chosen to train a newly promoted Sergeant in the C o r r e c t i o n s M a i n D i v i s i o n , Corrections Satellite Division, or the Emergency Communications and Op e r a t i o n s D i v i s i o n s h a l l b e c o m p e n s a t e d with one (1) hour of compensatory time for every eight (8) hour shift in w h i c h h e o r s h e w o r k s a s a F i e l d T r a i n i n g Officer. Employees only serve as Field Training Officers when he or sh e i s a s s i g n e d t o d o s o b y a L i e u t e n a n t , Captain or Major. If the employee's Compensatory Time Bank is at it s m a x i m u m , t h e e m p l o y e e s h a l l r e c e i v e o n e (1) hour of straight time pay for each eight (8) hour shift worked as a Field T r a i n i n g O f f i c e r . 21 APPENDIX B 1 For the following fringe benefits, refer to the Oakland County Employees' Handbook: 1. Injury on the job 2. Holidays 3. Leave of Absence All provisions of Merit Rule 21 (Family Leave) will be implemented for members of t h e C o m m a n d O f f i c e r ' s Association except the requirement to exhaust all leave banks prior to the use of leave w i t h o u t p a y . Members of the Command Officers Association will be provided the option to elect to u s e l e a v e w i t h o u t pay or applicable leave banks during the first 30 days of an approved Family Leave . H o w e v e r , o n c e t h e leave has commenced, an employee will not be able to change his/her decision reg a r d i n g t h e u s e o f l e a v e without pay or applicable leave banks during this 30-day period. Should the Fami l y L e a v e e x t e n d b e y o n d 30 days, the requirement to exhaust leave banks will be in effect. 4. Death Benefits 5.* Longevity 6. Medical Coverage 7. Sick Leave 8. Annual Leave 9.** Disability Coverage 10.*** Dental Coverage 11.****Tuition Reimbursement The fringe benefits modified in previous Collective Bargaining Agreements shall continue i n e f f e c t a s modified and described in the Oakland County Employee's Handbook. Merit Rule No. 2, Section VII, "Service Increment Pay", shall not apply to any employee hi r e d a f t e r March 15, 1984. ** Eligibility for County-provided medical coverage while on LTD shall be as follows: An employee on LTD will be eligible for County-provided medical coverage for up to s i x ( 6 ) m o n t h s from the date of LTD eligibility provided he/she has applied for and were turned do w n f o r S o c i a l Security Disability and Medicaid and have no other medical coverage available an d p r o v i d i n g t h e employee has not allowed his/her medical coverage to lapse. *** Dental benefits increased consistent with Miscellaneous Resolution # 99189. **** Tuition Reimbursement increased consistent with the Fiscal Year 2000 bu d g e t . 22 HEALTH BENEFITS All Health Care Benefits set forth herein are subject to the employee contribution where applicable and to the terms and conditions of the plan. The Employer has the right to select and change any and all plans/policies, insurance benefits, plan providers or third-party administrators provided the benefits stated herein remain substantially the same. All benefits set forth apply to active employees and their dependents only. (a) For the duration of the 2013 calendar year, employees in this bargaining unit will continue the Medical Care coverage currently in effect through December 31, 2013 (subject to paragraph B.) (b) Effective January 1, 2014 (or as soon as administratively practical) employees in this bargaining unit with coverage shall be covered under one of the Medical Care plans as described in Appendix C. (c) Employees in this bargaining unit shall make Medical Care contributions (contributions are bi- weekly and pre-tax) In accordance with the Medical Care plan they select. (d) Any healthcare changes to take effect after September 30, 2018, shall be negotiated. Ill DENTAL COVERAGE The Employer shall provide a Standard Dental Plan for employees and their dependents. Benefits under the plan shall be 100% for Class I Benefits (Preventative), 85% for Class II (Basic), 50% for Class III (Major) and 50% for Class IV (Orthodontia) subject to a $25 annual deductible for single coverage and $50 annual deductible for two person or family coverage for Class II and Class ill 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. Effective January 1, 2019, the maximum per individual per calendar year shall be $1,500. Employee bi-weekly contributions for High Option Dental shall remain the same: Single $1.15, Two Person $1.73 and Family $5.00. 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 h a v e employee earnings added to their paycheck as a result of selecting a reduced benefit. IV VISION COVERAGE The Employer shall provide a Standard Vision Plan for employees and their dependents. Benefits under the plan shall provide for a vision examination with a $5 co-pay and a $7.50 co-pay on lenses and frames ev e r y 2 4 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 his or her 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 insurance). 23 V LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT COVERAGE (a) LIFE COVERAGE The Employer shall provide a Standard Life Plan for employees. The benefit under the plan shall provide one and one-half times the employee's annual salary. Employees have the option of selecting a Higher Life Plan during open enrollment. Employee selecting the Higher Option Plan rather than the Standard Life Plan shall pay, through payroll deduction, the amount established annually by the Employer. Employees have the option of selecting a Lower Life Plan during open enrollment. Employees selecting the Lower Life Plan rather than the Standard Life Plan shall have employee earnings added to their paychecks as a result of selecting a reduced benefit. (b) ACCIDENTAL DEATH AND DISMEMBERMENT COVERAGE The Employer shall provide a Standard AD&D Plan for employees. The benefits under the plan shall provide one times the employee's 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. VI MILEAGE Employees required to drive their personal vehicle on official County business shall be reimbursed for miles traveled at the rate equivalent to the IRS mileage rate. VII SHERIFF'S PHYSICAL FITNESS INCENTIVE PROGRAM Any Command Officer who meets the established physical fitness standards will be granted the following leave days under the condition set forth in the following chart: This program is voluntary. 24 ). After the first year of successful participation in the program, an employee will receive a total of 2 Physical Fitness Leave Days for consecutive years of successful participation. Sheriff's Physical Fitness Incentive Program The Sheriffs Office Physical Fitness Program is a voluntary program for all Command Officers. The Sheriffs Office will select and conduct at least three physical fitness testing times before September 1st of each calendar year. Command Officers who meet the established physical fitness standards will be granted the following Physical Fitness Leave Days under the conditions set forth: Physical Fitness testing completed by: FY 19 09/01/2019 FY 20 09/01/2020 FY 21 09/01/2021 Number of Physical Fitness Leave Days granted: 1 or 2 days depending on the employee's prior participation in the program Physical Fitness Leave Day(s) added to leave bank: 10/26/2019 10/24/2020 10/23/2021 Physical Fitness Leave Day(s) to be used by: 09/26/2020 09/24/2021 09/23/2022 If 60% of the bargaining unit meets the physical fitness standards by September 1st then two additional physical fitness leave days will be added to each employee's physical fitness leave day bank during the second pay period of the new fiscal year FY 19 09/01/2019 FY 20 09/01/2020 FY 21 09/01/2021 3 or 4 days depending on 10/26/2019 employee's prior participation in 10/24/2020 the program 10/23/2021 09/26/2020 09/24/2021 09/23/2022 Should the bargaining unit have a 50% successful completion rate in any given year, the employee may be paid for 2 of the 3 Physical Fitness Days or 3 of the 4 unused Physical Fitness Days as of the last pay period in the fiscal year. Payment will occur in the first pay period of the new fiscal year. ). The third or fourth physical fitness leave day granted must be used and cannot be paid out under any circumstances. Should an employee leave this bargaining unit, the employee shall be paid off their unused Sheriffs Physical Fitness Days (that are eligible for payoff) at their current pay rate. The County shall note this payoff on the separation form and the payoff will appear on the employee's last paycheck. VIII 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. In the event of the death of a unit employee's parent-in-law, grandparent-in-law, brother, sister, daughter or son-in-law, the employee may be granted up to three consecutively scheduled work days at the discretion of the employee's Department Head, in consideration of the relationship of the employee to the deceased and the geographic location of the funeral. Covered relations may be natural, adoptive, step or foster in nature. Covered leave shall be paid at the employee's regular hourly rate. Absent extenuating circumstances, an employee must notify the Sheriff/designee of eligibility for said leave by written application on forms provided by the Human Resources Department prior to use of the leave. Such time off shall not be debited from an employee's established leave banks. Should the death of a member of a unit employee's immediate family or household occur while the employee is on a scheduled vacation, he/she shall be eligible for the paid leave provided herein, provided he/she notifies the Sheriff/designee prior to the date of the funeral and attends the funeral. IX PERSONAL LEAVE A. DEFINITION OF PERSONAL LEAVE Personal Leave is an absence from work for which the employee is paid just as if he/she was at work. Personal Leave is provided primarily to provide income protection for the employee whose personal illness or incapacity is such that they are not able to work, but they have not yet met the required waiting period to qualify for the short-term disability plan. Personal Leave may also be used for, but is not limited to, personal business, vacation, care of ill family members and medical or dental examinations and treatment. B. ELIGIBILITY FOR PERSONAL LEAVE 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 six-month probationary period will receive Personal Leave days on the closest pay period following the completion of their probationary period, in accordance with the following provisions: Those employees whose probationary period falls within two calendar years will receive a pro-rated amount of Personal Leave days calculated from the date of hire through the end of the calendar year in which they were hired. In addition, these employees will receive five Personal Leave days for the calendar year in which their probationary period is completed. Those employees whose entire probationary period falls within a single calendar year will receive a pro-rated amount of Personal Leave days. Calculated from their date of hire through the balance of the calendar year in which they were hired. 26 C. ACCUMULATION OF PERSONAL LEAVE 1. Employees may accumulate up to a total of 18 Personal Leave days. Once the maxim u m is reached no further Personal Leave time will accumulate either for immediate o r f u t u r e 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, b u t a r e not limited to, personal business, vacation, scheduled medical and dental examin a t i o n s o r treatment and supplementing Worker's Compensation or Income Disability Insurance payment. 2. Personal Leave may also be used without advance permission of the Department He a d , for personal illness or incapacity over which the employee has no reasonable contro l , o r the illness or incapacity of a family member if the employee is the only person avai l a b l e t o render such care or other exigent circumstances. The Sheriff or his designee shall be responsible for reviewing employee requests for Personal Leave under this sub-secti o n and determining their validity. The Sheriff or his designee may refuse to allow use o f Personal Leave when circumstances give rise to suspicion of abuse (e.g., where ther e i s a pattern in the use of leave days, etc.), in such cases, an employee may be required t o provide information including documentation to substantiate the reason for the ab s e n c e . 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 t h e y 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 S e r v i c e is recognized by the Oakland County Employees Retirement System, all persona l l e a v e accumulation they had at the time of separation shall be reinstated. 27 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 ninety (90) days after discharge or release from active duty in the Armed Forces whichever is later. G. EFFECT OF BEREAVEMENT LEAVE ON PERSONAL LEAVE Employees who are given permission to use Bereavement Leave during the period of approved Personal Leave usage shall not have the time spent on Bereavement leave deducted from their Personal Leave accumulation. X 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 Commanding Officer as to whether she/he should return to work. Compensation is to be for no more than 40 hours per work week. Employees on jury duty leave will continue to receive all fringe benefits they normally receive while they are on jury duty. Employees must turn in a copy of their jury duty notification and are required to turn in all jury duty fees excluding mileage to the Sheriffs Office. XI PARENTAL LEAVE POLICY PURPOSE This policy provides for six (6) weeks of paid Parental Leave after the birth or adoption, of a new child to provide parental bonding time for Oakland County employees. ELIGIBILITY A. Full-time eligible employees who have a 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. Ill. PAY AND BENEFITS DURING PARENTAL LEAVE A. Parental Leave is paid at 100% of an employee's current straight time rate of pay for six consecutive weeks (40 hours per week, maximum hours to be paid 240 hours). B. Benefits continue during Parental Leave. C. All benefit contributions will be deducted from an employees' 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. 28 IV. USING PARENTAL LEAVE A. Parental Leave may not be used for the five-day waiting period before shot-term disability begins. B. Parental Leave must be used for six (6) consecutive weeks. Unused Parental Leave will be forfeited if the employee chooses to return to work before the end of the six (6) week Parental Leave period. C. Intermittent Parental Leave is not permitted. D. Parental Leave for the mother will begin immediately after the termination of short-term disability; termination of short-term disability will 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. 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. B. Employees must submit sufficient documentation of birth, or placement of 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 FIVILA 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. 29 XII ANNUAL LEAVE BUY-BACK PROGRAM An employee who has 60 or more hours in his/her annual leave bank may submit a request by the end of the second pay period in July to cash out not less than 20 hours nor more than 40 hours of pay (in full hour increments) from his/her annual leave bank. This Annual Leave cash out shall not leave an employee's annual leave bank with less than 40 hours. The Annual Leave Buy Back payment shall be paid in the second pay period in August. Said pay is in lieu of the requested number of annual leave hours and is subject to all applicable state, federal, and local withholding, and other payroll deductions. Any payment received as a result of annual leave buy back shall not be included in final average compensation (FAC) for employees in the defined benefit plan and no employer or employee contribution will be made to the defined contribution plan as a result of this payment. 30 APPENDIX C Attached hereto is the Medical Options Comparison chart 31. jMPORTANT 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 Plan 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. Medical Plan Options Comparison BENEFITS AVAILABLE TO ALL EMPLOYEES PPM ASR Health Benefits AVAILABLE TO ALL EMPLOYEES PPO2 Blue Cross/Blue Shield PPO Community Blue Plan AVAILABLE TO ALL EMPLOYEES PPO3 ASR Health Benefits AVAILABLE TO ALL EMPLOYEES HMO ONLY AVAILABLE TO EMPLOYEES CURRENTLY ENROLLED TRADITIONAL Health Alliance Plan Blue Cross/Blue Shield (HAP) Traditional Plan (BC/BS) www.asrhealthbenefits.com www.BCBSM.com www.asrhealthhenefits.com www.HAP.org www.BCBSM.com 532 / 565 / $75 Employee Bi-Weekly Contributions NO COVERAGE Option Network(s) Deductible(s) Coinsurance Coinsurance Maximum $32 /S65 /575 HAP Alliance Health & Life PPO / Physicians Care / CIGNA / Multiplan $200 per person/$400 per family per calendar year 0% for most services; 10% after deductible as noted. $1,000 per person/family per calendar year. $42 / 570 / $85 $100 per person/ $200 per family per calendar year 10% after deductible as noted. 50% for private duty nursing. $500 per person/$1,000 per family per calendar year. $16 / $35 /545 $250 per person/$500 per family per calendar year 20% after deductible as noted. 50% after deductible for private duty nursing. $52 / 589 / $94 Blue Cross/Blue Shield $200 per person/$400 per family per calendar year 10% after deductible as noted. 25% for private duty nursing. $1,000 per person/family per calendar year. No Deductible No Coinsurance Refer to the 2019 Your Total Compensation Statement for (Earnings) amount. Blue Cross/Blue Shield HAP Alliance Health & Life Health Alliance Plan FPO / Physicians Care / HMO CIGNA / Multiplan $1,000 per person/$2,000 Not Applicable per family per calendar year. INPATIENT HOSPITAL CARE General Conditions I00%* Semi-Private Drugs Intensive Care Unit Meals Hospital Equipment Special Diets Nursit_zigSarer _ n 41.L1, OUTPATIENT HOSPITAL CARE Emergency Room Care :opay Accidental Injuries 90% after deductible* $100 copay 80% after deductible* 100%* Bariatrie Copay: $1,000 $100 copay, deductible and $100 copay coinsurance may also apply for 100W $100 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 PPO1 ASR Health Benefits Avww.asrlieftlthbenefits.com PPO2 Blue Cross/Blue Shield PPO Community Blue Plan www.BCBSM.com PPO3 ASR Health Benefits www.asrhealtlibenefits.com HMO Health Alliance Plan (HAP) www.HAP.org CURRENTLY ENROLLED TRADITIONAL Blue Cross/Blue Shield Traditional Plan (BC/BS) www.BCBSM.corn Medical Emergencies Copay waived for accidental injury or if admitted Copay waived for accidental injury or if admitted some services. Copay waived for accidental injury or if admitted Copay waived if admitted Copay waived for accidental injury or if admitted Physical Therapy 100%* 90% after deductible* 60 combined visits per calendar year. 80% after deductible* 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. URGENT CARE Urgent Care Visits $20 copay [ $20 copay $20 copay VO copay 90% after deductible* PREVENTATIVE CARE SERVICES Routine Health Maintenance Exam — includes chest x-ray, EKG, cholesterol screening and other select lab procedures 100%* 100%* 100%* 100%* 100%* Routine Physical 100%* 100%* 100%* 100%* 100%* Routine Gynecological Exam 100%* 100%* 100%* 100%* 100%* Routine Pap Smear Screening — laboratory and pathology services 100%* 100%* 100%* 100%* Well-Baby Child Care V isits • 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%* 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 edical P an Options M • • - - Comparison AVAILABLE TO ALL AVAILABLE TO ALL ONLY AVAILABLE TO AVAILABLE TO ALL EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES PPO1 ASR Health Benefits N MIS'. asrhealthbenefits.com PPO2 Blue Cross/Blue Shield PPO Community Blue Plan www.BCBSIVI.com PPO3 ASR Health Benefits www.asr healtbbenefits.co m 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, ACIP, 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%* I 00% I 00%* 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 100%* 90% after deductible* 80% after deductible* 100%* 100%* Outpatient Mental Health Visits $20 copay 90% after deductible* Office Visits $20 copay $20 copay $20 copay 100%* 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 PPO I ASR Health Benefits 111,vw.asrhealthbenefits.com PPO2 Blue Cross/Blue Shield PPO Community Blue Plan www.BCBSINIcom PPO3 ASR Health Benefits www.asrhealthbenefits.com HMO Health Alliance Plan (HAP) www.HAP.org CURRENTLY ENROLLED TRADITIONAL Blue Cross/Blue Shield Traditional Plan (BC/BS) www.BCBSM.com Inpatient Substance Abuse Care Chemical Dependency 100%* 90% after deductible* 80% after deductible* 100%* 100"/e Outpatient Substance Abuse Care Chemical Dependency $20 copay 90% after deductible* Office visit $20 copay $20 copy $20 copay 100%* In approved facilities only SPECIAL HOSPITAL PROGRAMS Hospice Care 100%* 100%* 80% after deductible* Covered up to 210 days per lifetime. 100% of approved amount Specified Human Organ Transplants 100%* 90% to 100%* Covered according to plan guidelines. 80% after deductible* Covered according to plan guidelines. 100% in approved facilities MEDICAL AND SURGICAL CARE Surgery move 90% after deductible* 80% after deductible* 100%* Voluntary second surgical opinion; $20 copay. 100%* Voluntary second surgical opinion on certain surgeries. Technical Surgical Assist. 100%* 90% after deductible* 80% after deductible* 100%* 100%* Anesthesia 100%* 90% after deductible* 80% after deductible* 100%* 100%* Maternity Care Delivery 100%* 90% after deductible* 80% after deductible* 100%* 100%" Pre- and Post-Natal Care 100%* 100%* 100% for some pre-natal visits; otherwise 80% after deductible* 100% pre-natal visits* $20 copay 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* 100u/D* 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 copy $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%* 100%* 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* 100W 90% after deductible* BENEFITS AVAILABLE TO ALL Medical Plan Options Comparison . AVAILABLE TO ALL AVAILABLE TO ALL AVAILABLE TO ALL ONLY AVAILABLE TO EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES PPO1 ASR Health Benefits www .asrheal tit be nefits.corn PPO2 Blue Cross/Blue Shield PPO Community Blue Plan www.BCBSM.com PPO3 ASR Health Benefits www.asrhealthbenefits.com HMO Health Alliance Plan (HAP) www.HAP.ora CURRENTLY ENROLLED TRADITIONAL Blue Cross/Blue Shield Traditional Plan (BC/BS) www.BCBSM.com 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 I 00%* 90% after deductible* 80% after deductible* 100% Up to 730 days renewable after 60 days* 100%* Assisted Reproductive Treatment Not Covered Not Covered Not Covered 100%* One attempt of artificial insemination per lifetime. Not Covered Voluntary Sterilization and FDA Approved Contraceptive Methods 100%* 100%* 100%* 100%* 100%* - PROGRAM PROVISIONS 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 of Covered 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% of approved payment amount after out-of-network deductible. Prefetred etwork Ph s'cians: 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 13CF3SM'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. Medical Plan Options Comparison BENEFITS AVAILABLE TO ALL EMPLOYEES PPM ASR Health Benefits AVAILABLE TO ALL EMPLOYEES PPO2 Blue Cross/Blue Shield PPO Community Blue Plan AVAILABLE TO ALL EMPLOYEES PPO3 ASR Health Benefits AVAILABLE TO ALL EMPLOYEES HIVIO ONLY AVAILABLE TO EMPLOYEES CURRENTLY ENROLLED TRADITIONAL Health Alliance Plan Blue Cross/Blue Shield (HAP) Traditional Plan (BC/BS) www.asrhealthbenefits.com www.BCBSM.com www.asrhealthhenefits.com www.HAP.org www.BCBSM.com NOTE: Hearing aids and services are not covered under any Oakland County medical plans. PRESCRIPTION DRUG PROGRAM Retail Prescription Navitus Carrier www.navitus.corn Mail Order Prescription NoviXus Carrier WWW.110V iXIIS. COM Participating/Network Covered / Copays: Pharmacies 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. Non-Participating/Non- Paid at the in-network cost, less Network Pharmacies $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. Navitus www.navitus.com NoviXus WWW.r) 0 ViXIIS.COM 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. Paid at the in-network cost, less $5, $20 or $40 copay. 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. Navitus www.navilus.com NoviXus www.novi.xus.com 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. Paid at the in-network cost, less $5, $20 or $40 copay. 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. Health Alliance Plan www.HAP.org Pharmacy Advantage www.PharmacvAdvantageR x.com 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. Not Covered. 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. Navitus www.navit LIS. COM NoviXus w ww.novixus. co m Covered / Copays: Tier I: $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. Paid at the in-network cost. less $5, $20 or $40 copay. 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. A 90-day supply of maintenance drugs may be obtained through mail order. BENEFITS AVAILABLE TO ALL Medical PlanOptions Comparison ONLY AVAILABLE TO AVAILABLE TO ALL AVAILABLE TO ALL AVAILABLE TO ALL EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES EMPLOYEES PPM. ASR Health Benefits www.asrheatthbenefits.com PPO2 Blue Cross/Blue Shield PPO Community Blue Plan www.BCBSM.com PPO3 ASR Health Benefits www.asrhealthbenefits.com HMO Health Alliance Plan (HAP) www.HAP.org CURRENTLY ENROLLED TRADITIONAL Blue Cross/Blue Shield Traditional Plan (BC/BS) www.BCBSM.com Note: While in the hospital, drugs are covered under your medical plan. 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. 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. 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. 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. 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. Dental Plan Options Comparison — Command Officers Association (COA) BENEFITS AVAILABLE TO ALL EMPLOYEES AVAILABLE TO ALL EMPLOYEES AVAILABLE TO ALL EMPLOYEES High Plus Delta Dental Ivww.deitatientaimixona Standard Delta Dental www,deltatlentalmi.com Modified Delta Dental w 1 vw.d eltatientairnixorn Employee Bi-Weekly Contributions / (Earnings) $1.15! 51.73 /55 $0 /SO / $0 (SI.15) / ($1.73) / ($3.27) NO COVERAGE Option Refer to your 2019 Total Compensation Statement for (Earnings) Amount Network(s) Delta Dental PPO / Delta Dental Premier Delta Dental PPO / Delta Dental Premier Delta Dental PPO / Delta Dental Premier DIAGNOSTICS AND PREVENTIVE Diagnostics and Preventive Services — routine oral exams, cleanings, fluoride, and space maintainers 100% 100% 100% Emergency Palliative Treatment — to temporarily relieve pain 100% 100% 100% Periodontal Maintenance — cleanings following periodontal therapy 100% 100% 100% BASIC SERVICES Radiographs —X-rays 85% 85% 50% Minor Restorative Services — fillings and crown repair 85% 85% 50% Endodontic Services — root canals 85% 85% 50% Periodontic Services— to treat gum disease 85% 85% 50% Oral Surgery Services — extractions and dental surgery 85% 85% 50% Major Restorative Services — crowns 85% 85% 50% Other Basic Services — miscellaneous services 85% 85% 50% Relines and Repairs — to bridges, dentures, and implants 85% 85% 50% MAJOR SERVICES Prosthodontie Services — bridges, , implants, and dentures 50% 50% 50% ental Plan Options Comparison — Command Officers Association (COA) —...--------- --. _____ Orthodontic Services — minor treatment for tooth guidance, full banding treatment, and monthly active treatment visits 50% 50% 50% Orthodontia Maximum Limit $1.000 per eligible member per lifetime. $1,000 per eligible member per lifetime. $750 per eligible member per lifetime. Orthodontic Age Limit Up to age 19 Up to age 19 Up to age 19 PROGRAM/PROVISIONS Deductibles $25 per person i $50 per family/per calendar year $25 per person / $50 per family/per calendar year $25 per person I $50 per family/per calendar year Maximum Benefit $1,500 per individual per calendar year. All benefits based on maximum approved fees, $1,000 per individual per calendar year. All benefits based on maximum approved fees. $750 per individual per calendar year. All benefits based on maximum approved fees. NOTE: For additional information, refer to the Delta Dental Certificates and Benefit Summaries found on www, oak qcw.corn/benefits under Medical/Dental/Vision Vision Plan Options Comparison BENEFITS AVAILABLE TO ALL AVAILABLE TO ALL EMPLOYEES EMPLOYEES High National Vision Administrators (NVA) www.e-nva.com Standard National Vision Administrators (NVA) www.e-nva.com Employee Bi-Weekly Contributions $1.35 / $2.88 / $3.85 $0 / $0 / $0 NO COVERAGE No Earning is s provided for No Coverage option. Network(s) National Vision Administrators National Vision Administrators EYE EXAM Vision Examinations $5 eopayment $5 copayinent LENSES AND FRAMES Lenses and Frames Lenses: Standard Glass or Plastic / Covered 100% after $7.50 copayment Frames: $67 retail allowance / 20% discount off remaining balance for frames that are not proprietary frame brands, Lenses: Standard Glass or Plastic! Covered 100% after $7.50 copayment Frames: $67 retail allowance! 20% discount off remaining balance for frames that are not proprietary frame brands. CONTACT LENSES Contact Lenses $35 allowance $35 allowance PROGRAM/PROVISIONS Benefits Payable Benefit payable every 12 months. Benefit availability will Benefit payable every 24 months. Benefit availability will stall over on Janualy 1 (following a 12-month period). start over on January 1 (following a 24-month period). Additional Discounts See the Benefit Summary for additional discounts available. NOTE: For additional information refer to the NVA Benefit Summaries found on www,oakqov.com/benefits under Medical/Dental/Vision. APPENDIX D Attached hereto is: 1) Oakland County Sheriffs Drug Testing Policy 2) Memorandum of Understanding-Compensatory Time 42 SHERIFF'S OFFICE DRUG TESTING POLICY This Drug Testing Policy is established in order to promote and maintain a safe working environment for all employees and the public. This Policy is also being implemented to reduce accidents and casualties, promote efficiency and morale, and to ensure that Command Officers do not engage in illegal use of controlled substances, which will inter alia, undermine confidence in law enforcement. For purposes of the Policy "controlled substances" means 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 (which includes medical marijuana) 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 officer), sell, offer to sell or buy, distribute controlled substances or facilitate such activities on duty or off duty. C. Refuse to sign a consent or release form authorizing the collection of a specimen for analysis, and the release of the results to the County. D. Refuse to cooperate with the collection site personnel, County personnel, or in any way to refuse to provide a specimen when required. E. Violate any of the Department's Rules and Regulations regarding controlled substances (drugs). Reasons for Drug Testing: A. This Drug Testing Policy includes testing in the following situations: 1. Transfer: Testing an employee who is transferred to a job of a sensitive nature (e.g., Narcotic Enforcement Unit and other jobs designated by the Review Committee). 2. Return to Work: Testing an employee who has been off work for over six months. 3. Random: Random testing of all employees in the bargaining unit as determined by computer lottery selection or other such method. 4. Based Upon Reasonable Suspicion: Testing when the Employer has reasonable suspicion to believe that an employee is under the influence of, using, selling, dispensing or has possession of a controlled substance. 5, Follow-up: Testing as part of counseling or rehabilitation. 43 6. The drug tests set forth in numbers 1,2,3, and 4 will be scheduled while the employee is at work. Midnight shift employees may be required to remain on duty until the clinic opens but will be paid overtime. B. Orders for testing will come from the Sheriff or the Sheriffs designee. C. An employee who refuses to submit to a drug test in accordance with this Policy shall be permanently removed from County service except for good cause that is based on reasonable objective criteria. Ill. Procedures for Obtaining the Sample Specimen: Procedures shall provide for individual privacy, while safeguarding the program against submissions of altered or substitute specimens. A. Completion of Testing Form: 1. The employee may be asked by the collection facility to furnish information in writing to insure the integrity of the specimen collected, including information verifying the identity of the employee and, if possible, identifying any prescription or a prescription 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, by a person of the same gender, while providing a specimen. The employee may be instructed to wash 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. Results from samples less than 30 milliliters will still be tested. 3. A second test may be requested only if the first specimen is suspect because of adulteration or not a genuine sample. The employee will not be unreasonably delayed. 44 IV. Laboratory Testing Procedure Regarding Specimens: A. Laboratories must comply with applicable provisions of any Federal and State licensing requirements. Accredited laboratories must have the facilities and capability of performing screening and confirmation tests for each drug or metabolite for which service is offered and requested. The COA will be given proof of accreditation. B. The testing laboratory shall maintain a chain of custody record of any individual handling or testing an employee's specimen. C. Lab Test 1) The initial screening test will be a "10 panel" test of the RIA or EMIT type. If a positive result is obtained, a confirmation test will then be conducted. 2) A confirmation or follow-up test for controlled substances will be of the Gas Chromatography/Mass Spectrometry method. The laboratory shall be required to specify the metabolites tested for, the cut-off levels and the testing procedure used in each drug classification. 3) In determining whether a test result is positive, the laboratory shall use the following cut- off levels: Initial test analyte Initial test cutoff Confirmatory test analyte Confirmatory test cutoff Marijuana Metabolites 50 ng/ml THCA 15 ng/ml Cocaine Metabolites 150 ng/m1 Benzoylecgonine 100 ng/m1 Opiate Metabolites Codeine/Morphine 300 nem I Codeine Morphine 300 nem' 300 ng/m I 6-Acetylmorphine 10 nem! 6-Acetylmorphine 10 ng/nnl Phencyclidine 25 ng/m1 Phencyclidine 25 ng/ml Amphetamines AMP/MAMP 500 ng/ml Amphetamine Methamphetamine 250 ng/ml 250 ng/ml MDMA 500 ng/ml MDMA MDA MDEA 250 ng/ml 250 ng/ml 250 ng/ml 45 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 COA 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 cut-off levels. In any such case, the cut off level for a positive test shall be the generally accepted level for a positive test for such substance. 4. After completion of all testing: a) A written report from the laboratory which is signed and dated, must be submitted to the collection site within 10 days of the test. Upon request, the report shall be made available to the employee after its receipt by the Employer. b) Negative specimens will be discarded. The chain of custody record, and all other reports pertaining to the test will be kept by the testing laboratory for one (1) year. c) If the test is positive, the employee may request, and shall be furnished, the information available regarding: 1. The type of tests conducted; 2. The results of the test; and 3. The cut-off level and the methodology employed. The employee may either request that the remainder of the specimen be retested by the testing laboratory or that the remainder of the sample be sent to another accredited independent testing facility (following the same chain of custody and cut-off levels outlined in this policy) for retesting. If the subsequent test is positive, the cost shall be borne by the requesting employee. If, however, the subsequent test is negative, the County shall bear the cost of the second, independent test. If the subsequent test is positive, the remaining preserved specimen will be frozen and properly secured in a long- term locked storage area for a period of two (2) years. If the subsequent test is negative the specimen will be discarded, except if the specimen is retained to test/examine it for adulteration, tampering or related issues. The chain of custody record, and all other reports pertaining to the subsequent test, will be kept by the testing laboratory for two (2) 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. 46 VI. Review Committee: A Review Committee including the President of COA 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 COA, the County, and the Sheriff's Office. VII. Consequences of Violating the Sheriff's Office Drug Testing Policy: Disciplinary action will be initiated against any employee found to be in violation of this Policy. Employees shall be placed on leave with pay pending completion of the positive drug test confirmation procedures. VIII, Confidentiality: All records pertaining to the initiation and administration of tests under this Policy shall be held strictly confidential by the Human Resources Department and the Sheriff's Office. Only those County employees who have a need to know shall have access to any records or reports. All others must have the written permission of the employee. The Sheriffs 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 penalty. Grievances shall be initiated at step three of the grievance procedure. X. Last Chance Agreement Limited to Prescription Medication Only: An employee whose drug test has been confirmed positive by a Medical Review Officer during random, reasonable suspicion or other drug testing protocols (see Article II hereof), may request a Last Chance Agreement under the following conditions: A. The employee tested positive for a controlled substance for which the employee previously had a valid prescription within the prior two years (measured from the date of the drug test) prescribed for the employee by his/her physician. B. The employee did not test positive for any other controlled substance. C. The employee has not previously been subject to a Last Chance Agreement, D. The employee applies for the Last Chance Agreement within fourteen (14) days of notice of the positive drug test. 47 E. The employee signs H1PAA release form(s) and any other release form(s) as requested by the County or OCSO to verify that the employee had a prior valid prescription from the employee's physician for the medication (controlled substance) and to enable to OCSO and the County to monitor the employee's progress during the rehabilitation program and substance abuse program. F. The standard Last Chance Agreement must be signed by the employee, the OCSO, the County and the Oakland County Command Officers Association. G. The employee must participate in and successfully complete an authorized drug rehabilitation program selected by the OCSO or County to enable the employee to return to work in a position selected by the OCSO. The employee shall have up to 45 days to successfully complete this program. H. The employee shall apply for Short Term Disability (STD) and shall use annual leave time (the employee may reserve 40 hours of Annual Leave), personal leave time, leave without pay and compensatory time for the first five days of medical leave. The employee shall utilize his/her FMLA leave time. After completion of the drug rehabilitation program, the employee must pass a medical examination administered by a medical facility designated by the OCSO prior to being allowed to return to duty. The examination shall only screen for drug use and the physical impact of the prior drug usage. J. Once the employee has completed the rehabilitation program and medical examination and is authorized to return to duty, the employee: • Shall submit to random drug screens (urinalysis, hair or other means of testing), as determined by the OCSO for a three-year period at employee's cost. • Participate in and follow all directives of a substance abuse program selected by the OCSO or the County for up to a three-year period. K. The employee shall be subject to the terms of this Last Chance Agreement and this Article for three (3) years after his/her return to work. L. The employee must agree in writing that the shall employee be terminated if at any time during the three-year program period the employee violates: any portion of the Last Chance Agreement; the OCSO's Drug Testing Policy; Department Rules and Regulations and the Department's General Orders regarding illegal drugs (use, sale, possession, distribution, etc.). The employee may utilize the grievance arbitration procedure only for the purpose of grieving whether a violation(s) occurred, and not for the penalty imposed. The arbitrator shall have no jurisdiction to modify the penalty. LAST CHANCE AGREEMENT CONCERNING PRESCRIPTION MEDICATION Re: Whereas, the above referenced Command Officer (hereinafter "employee") has violated the OCSO's Drug Testing Policy, and; Whereas, employee has tested positive for a controlled substance(s) which was previously prescribed for the employee by his/her physician and; Whereas, the OCSO will conditionally reinstate employee to a position selected by the OCSO provided the employee is found by medical examination and drug test to be capable of performing all the duties of the classification and subject to the following terms and conditions being met and maintained; Now, therefore, it is agreed that: 1. The employee shall successfully compete a drug rehabilitation program as prescribed by an authorized rehabilitation source designated by the OCSO or the County. 2. The employee shall use annual leave time (the employee may reserve 40 hours of annual leave time), personal leave time, and compensatory time and shall utilize FMLA leave, while the employee is participating in the drug rehabilitation program. The employee shall not receive any other pay from the County during this time period. The employee's seniority will continue while he/she is participating in the drug rehabilitation program. 3. After completion of the drug rehabilitation program, the employee must pass a medical examination and drug test administered by a medical facility designated by the OCSO or the County prior to being allowed to return to duty. The examination shall only screen for drug use and the physical impact of the prior drug usage. 4. Upon clearance by the medical facility, the employee shall be returned to the OCSO in a position selected by the OCSO. 5. Once retuned to duty, the employee will participate in a substance abuse program selected by the OCSO or County and will follow any and all directives given him in the substance abuse program for a period of three (3) years from the date he returns to work at the OCSO. Employee shall also submit to random drug testing at the discretion of the OCSO while he is subject to this last chance agreement. 49 6, The employee shall sign a HIPAA waiver/release form(s) and any other release forms requested by the OCSO and/or the County so that the OCSO and the County can monitor the employee's participation and progress in the drug rehabilitation program and the substance abuse program. 7. The employee hereby agrees that the employee shall be terminated if at any time during the three-year program period the employee violates: any portion of the Last Chance Agreement; the OCSO's Drug Testing Policy; Department Rules and Regulations and the Department's General Orders regarding illegal drugs (use, sale, possession, distribution, etc.) The employee may utilize the grievance arbitration procedure only for the purpose of grieving whether a violation(s) occurred, and not for the penalty imposed. If it is determined in the grievance procedure, including an arbitration, that the employee, in fact, committed that violation, then the discharge penalty will remain in effect, and an arbitrator shall have no authority or jurisdiction to reinstate the employee, to award the employee any back pay or any back benefits, or to otherwise modify or reduce the discharge penalty in any manner. 8. The Association and the employee hereby withdraw with prejudice to refiling any grievance filed by or on behalf of employee and hereby release and discharge the OCSO and the County from any and all claims relating to any grievance he/she has filed or could have filed on or before the effective date of this Last Chance Agreement. 9. By entering this Last Chance Agreement, the County and the OCSO do not admit any liability, any wrongdoing, or any violation of the collective bargaining agreement. This Last Chance Agreement is being entered by the County, the OCSO, the Association, and the employee on a non-precedential basis. The non-precedential settlement and the terms of this Last Chance Agreement will not be evidence of a past practice and cannot be used in any manner in any future circumstance of any grievance involving any other employee, any other discipline, suspension, or discharge of any other employee, any other last chance agreement, or the enforcement of any other last chance agreement. 10. The terms and conditions set forth in Article X of the Drug Testing Policy are incorporated herein. 11. This Last Chance Agreement will remain in full force and effect for three (3) years from the date the employee returns to work under Paragraph 4 hereof. 12. This Last Chance Agreement constitutes the entire agreement between the parties on the subject matter of this Last Chance Agreement, and there are no other agreements modifying the terms of this Last Chane Agreement. The provisions of this Last Chance Agreement can only be modified by a writing executed by the parties expressly stating that a modification is intended. 50 13. This Last Chance Agreement is freely and voluntarily entered into by all parties without any duress or coercion. Dated this day of , 20 COMMAND OFFICER COMMAND OFFICERS ASSOCIATION OCSO OAKLAND COUNTY 51 IYJEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into on the day of , 2016 by and between the Command Officers Association of Michigan ("COA1v1") and the County of Oakland and the Oakland County Sheriffs Office (hereafter collectively the "Comfy"). This Memorandum of Understanding is to set forth our understanding regarding the Compensatory Time Program for Sergeants and Lieutenants. Under the Program, any Sergeant or Lieutenant in. of the Command bargaining unit (31Y-15) who works hours at his/her regularly assigned location for which overtime compensation would otherwise be due may elect to have any number Of those overtimes hours placed in a Compensatory Time bank (calculated at time and one half) subject to the following: -atie:t I The accumulation in the Compensatory Time bank may not exceed fogy-eiglatMl) 2. Use of Compensatory Time shall be in accordance with the Sheriffs Office Annual teave policy. It is understood, for example, that the use of Compensatory Time will be denied where it is known that overtime wilt result. A member's use of Compensatory Time shall be increments of wb.o.le hours and also may be used, with pre-approval, for short periods of leave such ag leaving early from or corning in late for a shift, provided that a work unit shall not be understaffed in the opinion of the Captain or Major forthe time period in question. 4. In the event that a member goes on short term disability or worker's compensation, the hours in the members Compensatory Time bank may be used as- supplemental compensation. 5. Where a Sergeant or Lieutenant has a balance in his/her Compensatory Time Bank as of the last pay period of the calendar year, the hours shall be liquidated and paid to the employee hi the first full pay period of the new calendar year. 6. Overtime hours worked on a mini contract (i.e. Pine Knob, Meadowbrook, Renaissance Festival) shall not be eligible for inclusion in an employee's Compensatory. Time bank. 7. To be eligible for inclusion in an. employee's Compensatory Time bank.the hours must be worked at the Sergeant's or Lieutenant's regularly assigned location...Any Grant funded overtime will be decided on a case by case basis. 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 theCompensatory Time cannot be used at the location where the Compensatory Time was earned before the Sergeant or Lieutenant is transferred (via location preference or Sheriffs decision), leaves the location for any other reason, or is promoted, then the Compensatory Time in the Sergeant's or Lieutenant's Compensatory Time bpflk will be paid to the Sergeant or Lieutenant within three (3) payroll periods from the date of actual transfer or departure from the location or promotion. Provided, however, that any Sergeant or Lieutenant who 51 is transferred involuntarily as a result of a 90 day administrative transfer or the Sheriff's realignment of manpower, shall bring and be permitted to use their Compensatmy rime bank at their new/different duty station/assignraent Command Officers Association of Michigan Sheriff Iviichael Bouchard Date Jordie Kramer Date Director-Emnan Resources Date lo3//r; ct Resolution #19043 March 14, 2019 Moved by Miller seconded by KowaII the resolutions on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Jackson, Kochenderfer, KowaII, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Hoffman. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted (with accompanying reports being accepted). GERALD C.-POISSON CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.55947) 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 March 14, 2019, 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 March, 2019. I2- Lisa Brown, Oakland County