Section 1. This Agreement is hereby entered into by and between the City of Canfield, Ohio, hereinafter referred to as "the Employer', and the Ohio Patrolmen's Benevolent Association, hereinafter referred to as "the OPBA".

Section 1. In an effort to continue harmonious and cooperative relationships with its Employees and to insure its orderly and uninterrupted efficient operations, the Employer and Employees now desire to enter into an agreement reached through collective bargaining which will have for its purposes, among others, the following:

Section 1. The Employer agrees that, for the period of this contract it recognizes the OPBA as exclusive representative for negotiating wages and salaries, hours of work, and all other terms and conditions of employment for all regular full-time Patrol Officers and Juvenile Officers (Unit A), regular full-time Dispatchers (Unit B), and regular full-time police Lieutenants and Sergeants (Unit C) on the Canfield Police Department. The Employer and the OPBA agree to continue to negotiate with each other in good faith on all matters concerning the employment of said Employees.

Section 2. When ever the context so requires the use of the term Officer shall refer to Bargaining Units A & C only. The use of the term Dispatcher shall refer to Bargaining Unit B only. The use of term Employee shall refer to all members of Bargaining Units A, B, & C.

Section 3. The Employer will furnish the OPBA with a list of all Employees in the classifications covered by this Agreement indicating their starting date of employment. Such list will be furnished no less than annually and will be supplemented by the names of all new Employees as hired.

Section 1. During the term of this Agreement, the Employer shall deduct initiation fees, assessments levied by the OPBA and the regular monthly OPBA dues from the wages of those Employees who have voluntarily signed dues deduction authorization forms permitting said deductions. No new authorization forms will be required from any Employees in the Canfield Police Department for whom the Employer is currently deducting dues.

Section 2. The initiation fees, dues or assessments so deducted shall be in the amounts established by the OPBA from time to time in accordance with its Constitution and Bylaws. The OPBA shall certify to the Employer the amounts due and owing from the Employees involved.

Section 3. The Employer shall deduct dues, initiation fees or assessments from each pay in equal deductions. If an Employee has no pay due on that pay date such amounts shall be deducted from the next or subsequent pay.

Section 4. A check in the amount of the total dues withheld from those Employees authorizing a dues deduction shall be tendered to the treasurer of the OPBA within thirty (30) days from the date of making said deductions.

Section 5. The OPBA hereby agrees to hold the Employer harmless from any and all claims, liabilities or damages which may arise from the performance of its obligations under this Article and the OPBA shall indemnify the Employer for any such claims, liabilities or damages that may arise.

Section 1. All members of the bargaining units, as identified in Article 3 of this Agreement, shall either 1) maintain their membership in the OPBA, 2) become members of the OPBA, or 3) pay a service fee to the OPBA in an amount equivalent to the annual dues for membership in the OPBA, as a condition of employment, all in accordance with Ohio Revised Code §4117.09.

Section 2. In the event that a service fee is to be charged to a member of a bargaining unit, the Employer shall deduct such fee in the same manner as dues are deducted as specified in Article 4 of this Agreement, entitled "Dues Deduction".

Section 1. Except to the extent modified in this agreement, the Employer shall have the exclusive right to manage the operations, control the premises, direct the working force and maintain efficiency of operations. Among the Employers management rights are the right to hire, transfer, discipline and discharge for just cause, lay off and promote; to promulgate and enforce work rules; to introduce new equipment, methods of performing work, or facilities; to determine the size, duties, and qualifications of the work force, and work schedules.

Section 2. Nothing in this agreement does or shall be interpreted to impair the right and responsibility of the employer to:

Section 1. An Employee has the right to the presence and advice of an OPBA representative at all disciplinary interrogations.

Section 2. An Employee who is to be questioned as a suspect in any investigation of any criminal charge against him shall be advised of his constitutional rights before any questioning starts.

Section 3. Before an Employee may be charged with any violation of the Rules and Regulations for a refusal to answer questions or participate in an investigation, he shall be advised that his refusal to answer such questions or participate in such investigation will be the basis of such a charge.

Section 4. Questioning or interviewing of an Employee in the course of an internal investigation will be conducted at hours reasonably related to the Employee's shift, unless operational necessities require otherwise, at the Chiefs discretion. Interrogation sessions shall be for reasonable periods of time and time shall be provided for rest periods and attendance to physical necessities. In addition, either the Employer or Employee may demand and record by such device as the Employer or Employee may deem appropriate, and a transcript may be prepared at the expense of the party demanding same.

Section 5. An Employee will be informed of the nature of any investigation of himself prior to any questioning. If the Employee being questioned is, at the time, a witness and not under investigation, he shall be so advised, and the nature of investigation need not be stated to the Employee.

Section 6. An Employee may request an opportunity to review his personnel file, add memoranda to the file clarifying any documents contained in the file and may have a representative of the OPBA present when reviewing his file. A request by the Employee or his duly appointed agent for copies of items included in his or her file shall be honored. All items in the Employee's file with regard to complaints and investigations will be clearly marked with respect to the final disposition.

Section 7. With respect to investigations which may result in criminal charges, a formal charge of misconduct shall be prepared in writing stating the matters which are under investigation and the charges which are being considered. If, during the course of an investigation this is determined, the formal written notice will be prepared and delivered to the Employee.

Section 8. In the course of an internal affairs investigation, a polygraph examination may be administered, with the Employee's consent.

Section 9. All complaints which may involve any type of discipline, suspension or discharge of an Employee, shall be in writing and signed by the complainant. The Employer will furnish a copy of the complaint to the Employee whom the complaint has been filed against when such Employee is notified of the investigation.

Section 10. Copies of this Agreement will be printed at the Employers expense and distributed to each member of the bargaining unit.

Section 11. Effective January 1, 1994, records of disciplinary actions not grieved within the terms of this contract or pursuant to Canfield Civil Service rules and regulations, shall be expunged two years after the date of the alleged offense leading to the disciplinary action; provided, however, any disciplinary actions arising from conduct occurring prior to the effective date of this contract shall not be expunged.

Section 12. Should the Employer deem it necessary to adopt standards of proficiency in the areas of education, weapons qualifications and physical and mental competency exams, then the Employer shall give written notice to the OPBA of such intent and shall meet and confer prior to implementation. Any implementation by the Employer of such standards and/or examinations shall include notice to OPBA of the standards to be met, the consequences of non-compliance or failure to meet testing requirements and a reasonable time within which the Employee must satisfy the requirements implemented.

Section 1. The Employer and the OPBA agree that the grievance procedures provided herein are adequate to provide a fair and final determination of all grievances arising under this Agreement.

Section 2. Neither the OPBA nor any member of the bargaining unit, for the duration of this Agreement, shall directly or indirectly call, sanction, encourage, finance, participate, or assist in any way in any strike, slowdown, walkout, concerted "sick leave" or mass resignation, work stoppage or slowdown, or other interference with the normal operation of the Employer. A breach of this Section may be grounds for discipline.

Section 3. The OPBA shall, at all times, cooperate with the Employer in continuing operations in a normal manner and shall actively discourage and attempt to prevent any violation of the "no strike" clause.

Section 4. In the event of a violation of the "no-strike" clause, the OPBA shall promptly notify all Employees in a reasonable manner that the strike, work stoppage or slowdown, or other interference with normal operations of the Employer is in violation of this Agreement, unlawful and not sanctioned or approved of by the OPBA. The OPBA shall direct the Employees to return to work immediately and advise Employees if they do not return to work immediately that such violation shall be automatic and sufficient grounds for immediate disciplinary action, including lawful discharge.

Section 5. The Employer shall not lock out any Employees for the duration of this agreement.

Section 1. The Employer agrees to furnish the Labor Management Committee, as established in Article 44, with written notice of the Employees intention to make changes in department rules, policies or procedures that would affect the terms and conditions of employment of Employees. If the Labor Management Committee does not respond in writing within seven (7) working days of the date of receipt of such written notice, the Employer may assume the Labor Management Committee does not wish to bargain on the proposed changes. Should the Labor Management Committee respond within seven (7) working days from the date of receipt of such written notice, the Employer agrees to bargain with the Labor Management Committee in order to freely exchange information, opinions and proposals relating specifically to the proposed changes prior to their enactment or within a reasonable time after the enactment of an emergency rule. The Employer shall furnish the Labor Management Committee with a copy of such changes and inform them of the proposed implementation plans. Upon request, the Employer shall provide the Labor Management Committee with or access to available resource materials, studies or data relating to the merits of the proposed changes prior to said meeting with the Employer.

Section 1. Disciplinary action taken by the Employer shall only be for just cause. Except in cases of gross misconduct, the concept of progressive discipline will be adhered to.

Section 2. A non-probationary Employee who is disciplined, demoted, suspended or discharged shall be given written notice regarding the reason or reasons for the action. The Employee shall be informed of the right to confer with a representative of the OPBA.

Section 3. Any Employee who is, demoted, suspended or discharged may file an appeal of such action, in writing, through the grievance procedure contained herein within five (5) days following the receipt of notice of any such order of discipline, demotion, suspension or discharge.

Section 4. An Employee shall be disciplined only for violation of established rules and regulations of the Employer. Such rules shall be equitably applied to all Employees.

Section 5. The Employer shall take disciplinary action stated in Section 3 of this Article within a period of no later than sixty (60) calendar days from when the Employer becomes cognizant of the alleged infraction. If such disciplinary action is not taken against the Employee within such period of time, the disciplinary action is deemed withdrawn.

Section 6. Records of warning, written reprimands suspension, reduction or discharge shall cease to have force and effect twenty four (24) months from the date of issuance.

Section 1. The parties recognize that it may be necessary for an Employee representative of the OPBA to leave a normal work assignment while acting in the capacity of representation. The OPBA recognizes the operational needs of the Employer and will cooperate to keep to a minimum the time lost from work by representatives. Before leaving an assignment pursuant to this section, the representative must obtain approval from the Chief of Police, his designee or, if no person is designated, then through the established chain of command. The Employer will compensate a representative at the normal rate for time spent in good faith processing of grievances, and at any meetings at which the Employer requests a representative be present.

Section 2. Two members of each bargaining unit on the Negotiating Committees shall be allowed reasonable time off to participate in collective bargaining meetings with the Employer, if held during a member's regular working hours without loss of pay.

Section 3. An approved leave of up to five (5) days for every two (2) years may be granted to two members of the OPBA Negotiating Committee for the purpose of attending OPBA conventions. A minimum of thirty (30) days written notice shall be provided to the Employer prior to taking such leave. Leave for this purpose shall be unpaid.

Section 4. Duly authorized representatives of the OPBA shall have access to the Canfield Police Department premises for the purpose of transacting official OPBA business consistent with this Agreement, provided that this shall not interfere or disrupt the normal conduct of the Canfield Police Department affairs.

Section 5. The OPBA shall be permitted use of the Canfield Police Department copy machine.

Section 1. Every Employee shall have the right to present his grievance in accordance with the procedures provided herein, free from any interference, coercion, restraint, discrimination or reprisal and shall have the right to be represented by a person of his own choosing at all stages of the Grievance Procedure. It is the intent and purpose of the parties to this Agreement that all grievances shall be settled, if possible, at the lowest step of this procedure.

Section 2. For the purposes of this procedure, the below listed terms are defined as follows:

Section 3. The following procedures shall apply to the administration of all grievances filed under this procedure.

Section 4. All grievances shall be administered in accordance with the following steps of the grievance procedure:

Section 1. In the event a grievance is unresolved after being processed through all the steps of the Grievance Procedure, unless mutually waived, then within ten (1 0) days after the rendering of the decision at Step 2, the grievant or party in interest may submit the grievance to arbitration. Upon receipt of a demand to arbitrate the parties will promptly request the Federal Mediation and Conciliation Service (FMCS) to submit a panel of arbitrators and will choose one by the alternative strike method.

Section 2. The arbitrator shall have no power or authority to add to, subtract from, or in any manner, alter the specific terms of this Agreement or make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement, unless it is the specific unresolved issue of Mid-Term Bargaining.

Section 3. The hearing or headings shall be conducted pursuant to the Rules of the FMCS.

Section 4. The fees and expenses of the arbitrator and the cost of the hearing room, if any, will be borne by the party losing the grievance. All other expenses will borne by the party incurring them. Neither party shall be responsible for any of the expenses incurred by the other party.

Section 5. An Employee requested to appear at the arbitration hearing by either party shall attend without the necessity of subpoena and shall be compensated at his regular hourly rate during required attendance. Any request made by either party for the attendance of witnesses shall be made in good faith.

Section 6. The arbitrator's decision and award will be in writing and delivered within thirty (30) days from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties.

Section 1. The Employer and the OPBA agree not to discriminate against any Employee(s) on the basis of race, religion, color, creed, national origin, age, sex, sexual orientation or handicap.

Section 2. The OPBA expressly agrees that membership in the OPBA is at the option of the Employee and that it will not discriminate with respect to representation between members and non-members.

Section 1. Whenever the context so requires, the use of the words herein in the singular shall be construed to include the plural, and words in the neuter genders shall be construed to include all of said genders. By the use of either the masculine or feminine genders it is understood that said use is for convenience purposes only and is not to be interpreted to be discriminatory by reason of sex.

Section 1. This Agreement shall supersede any present and future city laws, applicable rules or regulations.

Section 2. If the enactment of legislation, or a determination by a court of final and competent jurisdiction (whether in a proceeding between the parties or in one not between the parties) renders any portion of this Agreement invalid or unenforceable, such legislation or decision shall not effect the validity of the surviving portions of this Agreement, which shall remain in full force and effect as if such invalid portion thereof had not been included herein.

Section 1. The regular workweek for all Employees of the Employer covered by this agreement will be forty (40) hours.

Section 1. All Employees , for work performed in excess of forty (40) hours in one week or eight (8) hours in one day, when approved of in writing by the Chief, shall be compensated, at the Employee's election, either at (a) the rate of one and one-half (1 1/2) times the Employee's regular hourly rate for all overtime or (b) compensatory time computed at the same rate, to be taken in the future as approved, in no event to exceed an accumulation of (100) hours.

Section 2. The compensatory time options contained in this Article shall be offered only to the extent consistent with the Fair Labor Standards Act.

Section 3. Whenever approved by the Chief or his designee, off duty Employees attending training sessions, called in to work, scheduled for a special detail, or appearing in court or at hearings on behalf of the Employer shall be compensated as described in Section 1 of this Article, and in no event shall be compensated for less than four (4) hours regular time.

Section 4. All Employees who are required to attend departmental meetings, firearms practice, or uniform fittings and the Employees are not regularly scheduled to work shall be compensated as set forth in Section 1 of this Article, and in no event shall be compensated for less than two (2) hours regular time.

Section 5. The Employer or its designee shall rotate all overtime opportunities among the full-time Employees, except as provided herein, in accordance with rotational lists (one consisting of Unit A & C and another list consisting of Unit B) and shall be determined by unit numbers from lowest number first to highest number last. The Employee first on the rotational list shall have first opportunity to accept or reject overtime; upon acceptance or rejection that Employee shall rotate to the end of the list and all other Employees shall move up on the list until the next overtime opportunity is offered. All full-time Employees shall have the first rights to accept or reject the overtime before it is offered to any part-time Employees for a.) a regularly scheduled shift (one day) when the call off occurs more than two hours prior to the scheduled start of the shift, b). overtime for the Canfield Fair, the Canfield Car Show, c). client paid overtime. Part-time Employees may be offered the following overtime opportunities before they are offered to full-time Employees, including, but not limited to:

The Employer shall maintain and post a roster of overtime assignments on the bulletin board in the Police Department. Employees on vacation, compensatory time, sick leave (unless actually sick or injured), or other leave of absence may be offered overtime if they are readily available. An overtime opportunity may be assigned or determined by the Chief provided the over-time opportunity requires the performance of a special skill or such overtime involves the performance of a task which has been undertaken by the particular Employee. Any over-time opportunities that arise with less than two hours notice and require immediate assignment may be assigned to any Employee as determined by the Chief. No Employee, as a result of application of this Section 5 shall be required to work more than twelve (12) continuous hours except under emergency circumstances.

Section 6. Dispatchers accumulating compensatory time will not be denied the time off due to the fact that the day may run in conjunction with an Officer's day off, whether by vacation, compensatory, personal day or sick leave.

Section 7. Compensatory time off should not be requested for July 4th or the week of the Canfield Fair.

Section 1. Seniority or Departmental Seniority is defined as an Employee's total length of continuous full-time service with the Police Department, beginning with the date of his or her appointment as a full-time Employee of the Police Department. It is agreed that any Employee who voluntarily resigns or is discharged for just cause shall suffer loss of seniority rights. Seniority in rank shall be defined as the total continuous full-time service with the Police Department in a particular rank.

Section 2. The probationary period shall be one (1) year for all Patrol Officers and shall be six (6) months for; Dispatchers, Detectives, Juvenile Officers, Sergeants, and Lieutenants.

Section 3. Each Officer shall regularly be scheduled to work five consecutive eight-hour days, with two consecutive days off. Such scheduled work days and hours are subject to lay-off or reduction in force by the Employer. Each Dispatcher shall be regularly scheduled to work seven (7) consecutive eight-hour afternoon shifts with two (2) consecutive days off, six consecutive eight-hour day turn shifts with two (2) consecutive days off and seven eight hour midnight shifts with four (4) consecutive days off. Such scheduled work days and hours are subject to lay-off or reduction in force by the Employer.

Section 4. Employees shall be able to trade shifts, on a temporary basis with approval of the Chief of Police.

Section 5. Officers shall be allowed to bid for work shifts each January that this Agreement is in force. Bid procedure shall utilize seniority preference and will not include those Employees who are assigned to perform the duties of Juvenile Officer, K-9 Handler, and Detective.

Section 1. All full-time Employees shall receive the following paid holidays:

Section 2. An Employee who is scheduled to work a normal week, regardless of holiday, will be paid by the seventh day of December for the number of holidays since the previous December 15. If the Employee works less than a full year, then the holiday pay will be prorated to reflect only the holidays which occurred while the Employee was employed by the Employer. Employees shall not have holiday pay reduced due to scheduling, sick days, vacation, or other paid leave.

Section 3. Subject to approval of the Chief of Police, an Employee may elect to take the time off instead of pay for the holiday. Time off should not be requested for Independence Day or Labor Day.

Section 4. An Employee who is scheduled to work on a holiday or is called out to work shall receive compensation at a rate of one and one half (1 1/2) times his regular rate of pay for that day, in addition to the regular holiday pay.

Section 1. All provisions of Section 9.44 of the Ohio Revised Code have been considered in bargaining for this Article of the Collective Bargaining Agreement.

Section 2. Employees shall be entitled to vacation after completion of six (6) months of continuous service. Employees shall accumulate vacation days at the following rates:

Years of Service - After... Accumulative Rate

1 month through 3 years = 5/6 of a day per month

3 years through 5 years = 1 day per month

5 years through 10 years = 1 1/4 day per month

10 years through 15 years = 1 1/2 days per month

15 years through 20 years = 1 3/4 days per month

20 years through 25 years = 2 days per month

25 years and more = 2 1/2 days per month

Each Employee shall take at least five (5) days vacation per year and may accumulate a maximum number of twenty-five (25) days.

Section 3. Earned vacation shall be calculated and awarded each pay period.

Section 4. Vacation time shall be taken at a time approved of by the Chief. Vacation time should not be scheduled for July 4 or the week of the Canfield Fair.

Section 5. An Employee who has earned vacation time by reason of being employed in this department shall be able to transfer his vacation time to another department should he elect such a transfer.

Section 6. Any Employee who quits with two weeks minimum notice, during which time he works or is on authorized vacation, or is terminated or retires and has unused vacation time shall be paid for any accumulated and unused vacation time at the regular rate, subject to a maximum of twenty-five (25) days.

Section 7. The Employer will notify every Employee of their total amount of accumulated vacation time monthly.

Section 8. Vacation dates will be bid for annually by seniority. The initial round of bidding will be conducted prior to January 1 of each year and will be limited to a maximum of ten (10) days, five (5) of which must be consecutive. After the initial round is complete, a second round of bidding will be conducted during which the remainder of available vacation days may be selected without restriction. Remaining vacation days may be applied for with one weeks notice. Bargaining Unit Members will only have to bid against other Bargaining Unit Members for vacation dates and will not suffer vacation restrictions because members of another bargaining unit have made similar vacation date requests.

Section 1. Sick leave shall be defined as an absence with pay necessitated by: 1) illness or injury to the Employee; 2) exposure by the Employee to contagious disease communicable to other Employees; 3) serious illness, injury, childbirth by the Employee or Employee's spouse, or death in the Employee's immediate family; or 4) medical, dental, or optical examination or treatment which prevents Employee the from performing assigned duties.

Section 2. All full-time Employees shall earn sick leave at the rate of five (5) hours per pay (ten (10) hours per month or one and one-quarter (1 1/4) days per month) and may accumulate such sick leave to a maximum of 2000 hours (250 work days); provided, however, that an Employee shall not earn sick leave for any month unless he is in full pay status for at least twenty (20) work days during such monthly period.

Section 3. An Employee who is to be absent on sick leave shall notify his supervisor of such absence and the reason therefor at least one (1) hour before the start of his work shift each day he is to be absent. An Employee who becomes ill or injured on duty shall be entitled to sick leave and shall notify his supervisor prior to leaving. Such notice and reason may be required to be confirmed in writing by the Employee upon return to work.

Section 4. Sick leave may be used in segments of not less than one (1) hour.

Section 5. Before an absence may be charged against accumulated sick leave, the Chief may require the Employee to furnish a satisfactory affidavit that the absence was caused by illness or any causes listed in this Article.

Section 6. Any abuse of sick leave shall be just and sufficient cause for discipline as may be determined by the Chief of Police. In the event the Employer determines that there is probable cause to believe that an Employee may be physically or mentally unfit to perform his job, the Employer may require a physical or mental examination, at its expense to determine fitness for the job. The Employee may submit similar medical evidence and if such evidence is contradictory the Employer and Employee's physicians shall select a third physician whose opinion of fitness shall be binding upon the parties. All medical costs shall be at the Employer's expense.

Section 7. When the use of sick leave is due to illness or injury in the immediate family, "immediate family" shall be defined to only include the Employee's spouse, children or parents, residing with the Employee, however, in the case of a life-threatening emergency, sick leave may be used for immediate family who do not reside with the Employee. When the use of sick leave is due to death in the immediate family, "immediate family" shall be defined to only include the Employee's mother, father, spouse, former spouse, child, brother, sister, father-in-law, mother-in-law, grandparents and grandchildren.

Section 8. An Employee who transfers from this department to another department of the Employer shall be allowed to transfer his accumulated sick leave to the new department.

Section 9. Upon the retirement of a full-time Employee who has not less than ten (10) years of continuous service with the Employer, such Employee shall be entitled to receive a cash payment equal to one-fourth (1/4) of his daily rate of pay at the time of retirement multiplied by the total number of accumulated but unused sick days earned by the Employee as certified by the Finance Director, providing that such resulting number of days to be paid shall not exceed sixty (60) days.

Section 10. Subject to approval of the Chief of Police, an Employee eligible for cash payment pursuant to Section 9 above, may at his option elect to take early retirement with the monetary value of such cash payment being applied towards said early retirement.

Section 1. A Sick Day Bonus of one (1) day's pay will be paid on June 15th of each year to those full-time Employees who have taken no sick days for the period December 1^st through May 31^st. A Sick Day Bonus of one (1) day's pay will be paid on December 15^th of each year to those full-time Employees who have taken no sick days for the period June 1^st through November 30^th.

Section 1. When an Employee is injured in the line of duty while actually working for the Employer, he shall be eligible for paid leave not to exceed ninety (90) calendar days, provide he files for Worker’s Compensation and signs a waiver assigning to the Employer those sums of money (temporary total benefits) he would ordinarily receive as his weekly compensation as determined by law for those number of weeks he receives benefits under this Article. An Employee who is injured in the line of duty shall be permitted to leave work immediately to receive medical treatment, and shall notify his supervisor prior to leaving, and shall suffer not loss of that shift’s pay as a result.

Section 2. If at the end of this ninety (90) day period, the Employee is still disabled, the paid leave may, at the Employer’s sole discretion, be extended for an additional sixty (60) calendar day period.

Section 3. The Employer shall have the right to require the Employee to have a physical exam by a physician appointed and paid by the Employer resulting in the physician’s certification that the Employee is unable to work due to the injury as a condition precedent to the Employee receiving any benefits under this Article. The designated physician’s opinion shall govern whether the Employee is actually disabled or not, and whether the Employer will extend the period of leave. The Employer shall have the right to obtain periodic reports from the physician.

Section 4. Watches, up to a maximum of $50.00, and glasses shall be repaired or replaced by the Employer when damaged or destroyed in the line of duty. Dentures damaged or destroyed in the line of duty shall be repaired or replaced by the Employer. However, the Employee must file a claim with the Worker’s Compensation Bureau and any payment received from Worker’s Compensation shall be signed over to the Employer.

Section 1. All Employees shall, in addition to all other leave benefits, be granted one (1) paid personal leave day each calendar year to be taken (or lost) by May 30th of the succeeding year, with the advance approval of the Chief. Personal Days should not be requested on July 4 or during the week of the Canfield Fair.

Section 1. An Employee shall be granted time off with pay (not to be deducted from the Employee’s sick leave) for the purposes of attending the funeral of a member of the Employee’s family as defined in Section 7 of Article 22. The Employee shall be entitled to a maximum of four (4) work days for each death in his immediate family.

Section 1. Any Employee who is called for jury duty, either Federal, County or Municipal, shall be paid his or her regular salary.

Section 1. At the Employee's request, the Employer may authorize leave of absence, without pay, for a period not to exceed three (3) months, provided fourteen (14) days notice is submitted.

Section 2. The Employer may place an Employee on paid "Administrative Leave" for up to twenty (20) working days for any stated purpose. Extension of paid "Administrative Leave" shall be granted by the Employer through legislative action of City Council.

Section 1. An Employee who has been employed by the City of Canfield for at least twelve (12) months and has worked 1250 hours during the previous twelve-month period is an "eligible Employee" for family leave.

Section 2. Family leave shall be granted to "eligible Employees"

Section 3. An eligible Employee shall be granted a total of twelve (12) weeks of family leave within the first twelve (12) months after a baby's birth or placement.

Section 4. Said leave may be taken by either parent.

Section 5. During family leave, the eligible Employee shall first use all accumulated vacation, compensatory time and sick leave. Then the Employee shall take the balance of family leave as unpaid leave.

Section 6. Leave must be taken in one block of time, unless approved by the Employer.

Section 7. An Employee is required to request leave in writing thirty (30) days prior to commencement, if possible.

Section 8. If both parents are employed by the same Employer, the total amount of leave provided shall not exceed twelve (12) weeks (60 working days).

Section 9. During the unpaid leave, all health care and life insurance benefits will be paid by the Employer.

Section 10. If an Employee elects not to return to work after the expiration of the family leave, the Employer may recover from the Employee the cost of medical premiums paid during the unpaid portion of the leave.

Section 1. The classification of Juvenile Officer shall be maintained within the Bargaining Unit A.

Section 2. The classification of Juvenile Officer shall be filled from the membership of Bargaining Unit A according to Article 31 - Promotions.

Section 3. The Bargaining Unit Member classified as Juvenile Officer shall relinquish said classification upon written resignation, retirement, promotion or by appropriate revocation action by management showing just cause.

Section 1. Within thirty (30) days of the effective date of a vacancy, the Employer shall list the skills, knowledge and abilities and establish the selection criteria for the vacant position. The position shall then be posted for seven (7) days. Interested Officers must submit a letter of intent within 10 days of the posting to the Employer. If no letter of intent is submitted within 10 days, the Employer may appoint an Officer at the Employer's discretion.

Section 2. Within forty-five (45) days of posting the vacancy, the Employer shall, at its discretion, appoint from the interested Officers.

Section 3. The probationary period for all vacancies shall be six (6) months.

Section 4. Upon the signing of this agreement the Employer shall create one additional Sergeant’s position increasing the rank from two (2) positions to three (3) and shall fill the vacancies according to Sections 1, 2, and 3 of this article. The OPBA hereby agrees to let the Employer abolish the Detective position, reducing the rank from one (1) to zero (0).

Section 5. Upon the vacancy of the Lieutenant's position the OPBA hereby agrees to let the Employer abolish the position reducing the rank from one (1) position to zero (0). The Employer hereby agrees to create and fill one (1) new position in the Sergeant's rank, increasing the rank from three (3) positions to four (4).

Section 1. Effective January 1, 1997, the annual compensation paid shall be as follows:

Section 2. Effective January 1,1998, the annual compensation paid shall be as follows:

Section 3. Effective January 1, 1999, the annual compensation paid shall be as follows:

Section 4. For purposes of determining, where appropriate, regular hourly rate of pay, the above amounts shall be divided by 2,080 hours and the result shall be the regular hourly rate of pay.

Section 1. Effective January 1, 1994, all Employees shall receive longevity payments after the completion of the required length of continuous full-time service pursuant to the following schedule:

Section 2. Longevity payments shall be added to the regular rate of pay. This adjusted regular rate of pay shall be used only for purposes of computing overtime rate of pay and Holiday compensation.

Section 1. Each full-time Officer who enrolls in and satisfactorily completes a college level law enforcement class, or a required or elective course, approved by the Chief of Police, at an accredited institution within thirty (30) miles of the city limits of the City of Canfield, which applies toward an associate degree, bachelor degree or masters degree in law enforcement will receive 50% reimbursement for tuition and books, provided the Employee provides the Employer with receipts and proof of completion of courses and maintains academic good standing or a 2.0 accumulative grade point average. Each full-time Officer anticipating enrollment for college level classes shall notify the Police Chief of their intent ninety (90) days in advance of said enrollment.

Section 2. After receipt of a degree pursuant to Section 1 above, the Officer, upon maintaining two (2) years of continuous employment with the Employer, will be reimbursed for the remaining 50% tuition and books.

Section 3. All educational refund credits earned under the previous contract shall be honored.

Section 1. All Officers shall receive, on December 15^th of each year of this Agreement, a maintenance allowance for uniforms in the amount of Three Hundred Fifty Dollars ($350.00). All Dispatchers shall receive, on December 15^th of each year of this Agreement, a maintenance allowance for uniforms in the amount of Three Hundred Dollars ($300.00). The maintenance allowance will be prorated in the event that an Employee is not employed by the Employer for the entire year.

Section 2. The Employer shall provide bullet proof vests to all full-time Officers to be replaced on an inspection basis that takes into consideration vest warranty.

Section 3. The Employer shall provide all uniforms to Employees.

Section 4. The Employer shall provide all leather or nylon duty equipment that the Employee is required to wear while working for the employer.

Section 1. The Employer will continue to provide and pay the full premium on behalf of each Employee for hospitalization, prescription, and medical service coverage for the Employee and family. It is the Intent of the Employer to provide coverage equal to or better than the current contract. However, if such coverage is not reasonably affordable or attainable the matter shall be resolved through Mid-Term Bargaining as defined in Article 45.

Section 2. The Employer will provide each Employee with vision and dental insurance coverage at least equivalent to that which was provided under the previous contract.

Section 3. The Employer will provide and pay the full premium for all Employees for a convertible term life insurance policy in the face value of Thirty-five Thousand Dollars ($35,000).

Section 4. The Employer shall provide professional liability coverage for all Employees of the bargaining units whose jobs may require such coverage as determined by the City Manager.

Section 1. In any instance where the Employer sends an Employee for a medical examination, The Employer shall pay the cost of the examination and shall pay the Employee for the time expended taking such examination.

Section 2. Except where an Employee is found by a Court to have acted in a willful, wanton or malicious manner, the Employer shall indemnify and hold harmless all Employees covered by the terms of this Agreement from any liability arising from or because of any claim or suit brought against such Employee arising from or because of any action or inaction by such Employee in the course of and scope of employment while on duty for Employer.

Section 3. Pay checks will be issued on the 15th and 30th of each month and shall show the number of hours worked, both regularly and in overtime capacity. All pay checks will be distributed in sealed envelopes that contain the names of said Employee.

Section 4. Employees hired after January 1, 1988, shall be permitted to maintain a residence anywhere, in any County in the State of Ohio within a radius of fifteen (15) miles of the City of Canfield's corporate limits. Employees hired prior to January 1, 1988, are exempted from this requirement.

Section 5. The Employer will take reasonable precautions to protect the health and safety of Employees while they are on duty.

Section 6. The Employer will not require any Employee to use his or her own personal vehicle while on duty for the Employer. Employees may be required to use own personal vehicles when traveling to training seminars or meetings. The Employer will reimburse all Employees for personal vehicle usage at the current IRS rate.

Section 7. The Employer will supply all Employees with a pair of surgical gloves and a medical mask with the purpose to reduce the risk of exposure to contagious disease during the performance of assigned duties. Each police cruiser and dispatch station shall contain a fresh supply of gloves and masks. A supply of one dozen of each item will be stored at a mutually agreed site within the police department.

Section 8. At least three (3) full-time Employees may receive at least eight (8) hours training annually from an Employer approved medical agency on the topic of AIDS. Any costs for tuition, travel and miscellaneous expenses will be paid for by the Employer.

Section 9. An Employee may accept and be employed in any off-duty occupation provided that it is not law enforcement related, nor in violation of Federal or State law, nor does it interfere with the Employee's obligations to render full and adequate service to the City of Canfield. All off-duty occupations shall be approved of by the Chief of Police.

Section 10. Employees ordered to attend training sessions, schools, seminars, or other assigned functions, shall attend such functions at the Employer's expense. An Employee ordered to attend such training shall be compensated in accordance with the terms of this Agreement.

Section 11. The Employer will provide each Dispatcher with at least sixteen (16) hours of certified training at an approved location on a yearly basis. Any costs for tuition, travel, and miscellaneous expenses will be paid by the Employer.

Section 12. Each Employee who resides within the City may elect to be transported to and from the police department prior to and immediately after their assigned work shift except when not feasible due to an emergency. Employees who reside in the City of Canfield have the right to drive to and from work but must notify the department of their intentions. In the event the Employer is unable to transport the Employee to the police department prior to his assigned work shift then the Employee shall be compensated as if he arrived on time at the police department for his assigned work shift.

Section 13. The Employer will provide each Officer with one-thousand (1000) rounds of practice ammunition annually excluding duty ammo used during annual qualifications. The Employer will provide for at least one hour of range time per month at range facilities approved of by the Employer.

Section 14. Dispatchers may refuse to conduct searches or guard prisoners and such refusal shall not constitute grounds for disciplinary action.

Section 15. The Employer shall provide a paid one-half hour break for Dispatchers who work the day shift on Monday through Friday, at or near the halfway point through the shift. The Employer shall provide a paid one-half hour break for Dispatchers who work all other shifts, when feasible.

Section 1. When a Lieutenant or Sergeant is appointed Acting Chief by the City Manager, he shall be compensated at the Chief’s rate of pay.

Section 1. In the event of a layoff situation, members of the bargaining units will be laid off in accordance with their departmental seniority (last hired, first laid off).

Section 2. A member of a bargaining unit who is laid off shall be subject to recall from layoff for a period of three (3) years.

Section 3. A recall from layoff will be based upon departmental seniority (last laid off, first recalled).

Section 4. Before any full-time Employees may be laid off, all part-time Employees will be first laid off.

Section 1. All of the Employers ordinances, resolutions and practices, etc., shall remain in full force and effect during the life of this Agreement, except to the extent that such ordinances, resolutions and practices, etc., conflict with the terms of this Agreement, in which case the terms of this Agreement shall be deemed as superseding such ordinances, resolutions and practices.

Section 1. In the event any one or more provisions of this Agreement is or are deemed invalid or unenforceable by any final decision of a court or governmental agency, that portion shall be deemed as severable from the rest of the Agreement and all such other parts of this Agreement shall remain in full force and effect. In such event, the Employer and the OPBA will, at the request of either party hereto, promptly enter into negotiations relative to the particular provisions deemed invalid or unenforceable.

Section 1. The Employer and the OPBA acknowledge that during the negotiations which preceded this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter not removed by law from the area of collective bargaining and the understandings and agreement arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement.

Section 2. Therefore, for the life of this Agreement, the Employer and the OPBA each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to negotiate collectively with respect to any subject or matter referred to, or covered in this Agreement.

Section 3. This agreement represents the complete agreement on all matters subject to bargaining between the Employer and the OPBA and except as otherwise noted herein shall become effective January 1, 1997, and shall remain in full force and effect until December 31, 1999. If either party desires to make any changes in the Agreement for a period subsequent to December 31, 1999, notice of such desire shall be given prior to November 1, 1999. If such notice is given, this Agreement shall remain in effect until the parties reach agreement on a new contract.

Section 1. The availability of light duty assignment will be at the sole and exclusive discretion of the Employer.

Section 2. The Employee may request a light duty assignment, and, such request must be in writing to the Employer. The Employer may then, at its discretion, create by memorandum a modified job description detailing specific light duty tasks which take into consideration the particular nature of the Employee's illness or injury. The Employee shall provide a medical report from a treating physician stating the illness or injury which inhibits the Employee from performing normal duties, but would permit the Employee to perform the light duty tasks defined in the modified job description. The Employer may, at its discretion, require that the Employee be examined by another physician, designated and paid for by the Employer, in order to confirm the Employee physician's opinion.

Section 3. If light duty is granted, the Employer may require that the Employee provide a medical report from the Employee's physician every two weeks in order to reaffirm the continued need for, and ability to perform, the designated light duty assignments. Before an Employee on light duty is returned to regular duty status, such Employee shall provide a medical report from his treating physician stating that he is medically capable of performing the Employee's normal duties as defined by the Employee's regular job description.

Section 4. Employees while on light duty assignment are exempt from the overtime rotational list as contained in Article 17, Section 5 of the Agreement.

Section 5. Light duty assignment may not exceed 30 work days per Employee within any consecutive twelve month period.

Section 6. The Employer shall determine the hours of work for light duty assignments, and, as a result thereof, the Employee may not necessarily be assigned to the shift that he would have normally worked.

Section 7. While performing light duty work, the Employee shall not perform any duties other than those specifically assigned by the Employer as contained in the memorandum of modified job description. The Employee is expected to perform and complete the assigned tasks. If the Employee fails to perform the assigned tasks and the Employer has taken reasonable measures to counsel the Employee on such performance deficiencies, the Employee may be denied further light duty status at the exclusive discretion of the Employer, at which time such Employee will be immediately returned to sick leave status.

Section 8. Light duty assignment shall not be granted unless the Employee signs a Waiver and Release which would effectively hold the Employer harmless for any Workers Compensation claims in the event that the particular existing illness or injury which gave rise to the Employee's then current disability would be aggravated while on light duty assignment.

Section 1. In the interest of good labor management relations, the parties agree to create a Labor Management Committee consisting of one member from each of the three bargaining units.

Section 2. This Committee will be used to:

Section 3. Labor management meetings will be held at the request of either the Employer or the Labor Management Committee and shall be scheduled as soon as possible at mutually agreed upon dates and times.

Section 4. The party requesting the meeting shall furnish an agenda at least five working days in advance of the scheduled meeting, or a list of the matters to be taken up in the meeting, and the names of those representatives who will be attending.

Section 5. Members of the Labor Management Committee shall be allowed reasonable time off to participate in labor management meetings if held during a member's regular working hours without the loss of pay.

Section 1. Mid-term bargaining shall be defined as bargaining, required by chapter 4117 O.R.C., that takes place between the date of execution and the date of expiration of this agreement. The dispute resolution defined here in shall not be used as a resolution process to settle successor agreements.

Section 2. All mid-term bargaining shall take place with the Labor Management Committee or its representative(s).

Section 3. When the Labor Management Committee and the Employer are unable to reach an agreement, the issue may be taken to Arbitration as defined in Article 13, by a majority vote of the labor management committee or by the Employer. Nothing in this agreement shall prevent the withdrawal of proposed issues.

Section 1. Any Lieutenant who by July 1, 1994 provides the Employer with a Retirement Notice to be effective on or prior to July 1,1995 shall be entitled to have the Employer purchase all military service credit to which said Employee is entitled to purchase by law. For any Lieutenant having purchased military service credit prior to December 1, 1993, the Employer shall reimburse said Employee upon retirement.

Section 2. The employer shall purchase said military service credit within sixty (60) days from the date the Lieutenant notifies the Employer in writing of said imminent retirement.

Section 1. It is the intent of this provision to provide full compensation to a canine handler as required by the Fair Labor Standards Act for the care, feeding, grooming, exercising and boarding of a City of Canfield canine. Accordingly, each canine handler shall be allotted one paid day off every calendar month, to be scheduled at the beginning or ending of the officer’s other two days off during a normal work week. The canine handler may request a certain day off, however this is at the discretion of the Chief of Police to ensure the efficient operation of the department’s manpower.

Section 2. The Employer shall, when practicable, assign the canine team a canine patrol vehicle to be used for the transportation of the canine to and from the officer’s residence and duty station, to and from all call out assignments, and to and from all veterinary appointments and training situations. It is further agreed that the use of the vehicle off-duty is restricted and may only be used when the officer is involved in a duty related function.

Section 3. Additional Employer responsibilities:

Section 4. Officer’s responsibilities:

Section 1. Whenever a member of Bargaining Unit A is in charge of a shift for four hours or more, they will be paid an additional $.25 per hour for the time that they are in charge.

Section 1. IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be duly executed this ______ day of _______________________, 1996.

For The OPBA For The Employer

__________________ __________________

Unit A

__________________ __________________

Unit B

__________________ __________________

Unit C