A G R E E M E N

between the

MIDLAND COUNTY SHERIFF

the

MIDLAND COUNTY BOARD OF COMMISSIONERS

and the

POLICE OFFICERS ASSOCIATION OF MICHIGAN

January 1, 1995 to December 31, 1998

CABOR AND INDUSTRIALRELATIONS COLLECTION

Michigan State University

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AGREEMENT 1

PURPOSE AND INTENT 2

RECOGNITION 3

REPRESENTATION 4

NONDISCRIMINATION 5

ASSOCIATION MEMBERSHIP - AGENCY SHOP 6

ASSOCIATION BULLETIN BOARDS 9

SPECIAL CONFERENCES 10

ASSOCIATION MEETINGS 11

RECORDS AND INFORMATION 12

PERSONNEL RECORD 13

POLITICAL ACTIVITY 14

NEW CLASSIFICATIONS 15

MISCELLANEOUS RESPONSIBILITIES . . . 16

TEMPORARY TRANSFERS FROM THE . . . . 17SHERIFF'S OFFICE

SAFETY CLAUSE 18

SENIORITY 19

LAYOFF, RECALL, BUMPING 21

JOB POSTING 22

PROMOTION TO RANK POSITIONS 23

GRIEVANCE PROCEDURE 2 6

MANAGEMENT RIGHTS 2 8

DETECTIVE BUREAU 3 0

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DIVING TEAM 31

HOURS OF WORK AND OVERTIME 32

SHIFT PREMIUM 34

WAGES 35

EMPLOYEE HOSPITALIZATION INSURANCE . 3 6

RETIREE HEALTH CARE 37

LIABILITY INSURANCE 40

LIFE INSURANCE 41

ON DUTY INJURY PLAN 42

DISABILITY PLANS 43

PAID LEAVE 44

FUNERAL LEAVE 48

COURT APPEARANCES 49

JURY DUTY 50

HOLIDAY PAY 51

UNIFORMS AND EQUIPMENT 53

RETIREMENT 54

LONGEVITY 57

COLLEGE BENEFITS 58

TRAVEL EXPENSES 59

MILITARY LEAVE 60

MISCELLANEOUS LEAVE OF ABSENCE . . . 61

TRADING TIME 62

PART-TIME RESERVE DEPUTIES 63

SAVINGS CLAUSE 64

DURATION 65

SALARY SCHEDULES

ARTICLE I

1.1of

AGREEMENT

THIS AGREEMENT, entered into this daybetween the MIDLAND COUNTY BOARD OF

COMMISSIONERS, a Michigan County, and the MIDLAND COUNTY SHERIFF,as joint employers, hereinafter referred to as "Employer," or"County" or "Sheriff", and the POLICE OFFICERS ASSOCIATION OFMICHIGAN, hereinafter referred to as "Association" .

1.2 The County and the Sheriff each mutuallyagree to enter into this Agreement with the Association for andin consideration of the mutual promises each respectively made byand with the Association.

1.3 Wherever in this Agreement the term "men" orits related pronoun appears, either as a word of as a part of aword, it is meant in its generic sense and shall include bothmales and females.

ARTICLE II

PURPOSE AND INTENT

The general purpose of this Agreement is to set forthterms with respect to rates of pay, wages, hours of employmentand other conditions of employment, and to promote orderly andpeaceful labor relations for the mutual interest of the Employer,the Association, employees and the citizens of the County ofMidland, Michigan.

ARTICLE III

RECOGNITION

3.1 Pursuant to and in accordance with Sections26 and 27 of Act 176 of the Public Acts of 1939, as amended, orSections 11 and 12 of the Public Acts of 1947, as amended, theCounty and the Sheriff hereby recognize the Police OfficersAssociation of Michigan as the exclusive representative for thepurpose of collective bargaining with respect to rates of pay,wages, hours of employment, and other conditions of employmentfor all regular full-time and part-time Patrol Deputies, CourtSecurity Deputies, Corrections Deputies, Corrections ShiftLeaders, Detectives, Animal Control Officers, Cooks, RecordsClerk Typists, Administrative Secretaries, Secretaries, RecordsClerks, Records Clerk II, and Kennel Maintenance employeesemployed by the Midland County Sheriff's Office and AnimalControl Department; but excluding the Sheriff, Undersheriff,Captains, Lieutenants, Chief Jail Administrator, Assistant JailAdministrator, Sergeants, Chief Animal Control Officer,Supervisors, temporary employees, reserve deputies, and all otheremployees.

3.2 Unless these actions are authorized understate and federal law:

a. The Employer agrees and shall cause itsdesignated agents not to aid, promote or finance any other laborgroup or organization which purports to engage in collectivebargaining or to make any agreement with any such group ororganization for the purpose of undermining the Association orotherwise.

b. The Employer further agrees to prohibitany collective bargaining with anyone other than Midland CountySheriff Office Employees' Association on behalf of members ofthis bargaining unit.

ARTICLE IV

REPRESENTATION

4.1 The names of the Association's BargainingCommittee Members and Officers shall be furnished to the Sheriffand the County's Director of Personnel.

4.2 The Association's Bargaining Committee shallbe allowed time off with pay during regularly scheduled workinghours for negotiations and/or conferences with the County and/orSheriff, and the investigation and settling of grievances,without any requirement that said time be made up; provided,however, that such time off with pay shall not extend to morethan three (3) Association Bargaining Committee members persession in the case of negotiations and conferences. OneCommittee Member or, with the concurrence of the Sheriff, twoCommittee Members, may participate in the investigation ofgrievances.

4.3 The President of the Association or hisrepresentative may attend meetings of the County's Board ofCommissioners while on duty, with the permission of the Sheriff.

~ ARTICLE V

NQNDISCRIMINATION

5.1 The provisions of this Agreement shall beapplied fairly and equally to all employees in the bargainingunit without favor or discrimination because of age, sex, maritalstatus, race, color, creed, national origin, religious beliefs,handicap, political affiliation or Association membership.

5.2 The Employer agrees that there shall be nodiscrimination, interference, restraint or coercion by any of itsagents or servants, on behalf of or against any employees becauseof membership in the Association.

5.3 No supervisor or representative of theEmployer shall discriminate against any employee because he hasformed, joined or chosen to be represented by the Association orbecause he has given testimony or taken part in any grievanceprocedure or other hearings, negotiations or conferences as partof the Association recognized under the terms of this Agreement.

ARTICLE VI

ASSOCIATION MEMBERSHIP - AGENCY SHOP

6.1 As a condition of employment, all employeesin the bargaining unit shall within 30 days of the effective dateof this Agreement or within 3 0 days of their date of hire,whichever is later, become members of the Association, or, in thealternative, pay to the Association a monthly service fee in anamount equal to the cost of representation or an amount equal todues uniformly required for membership, whichever is lesser.

6.2 An employee shall be deemed to be incompliance with this Article so long as he is not more than 3 0days in arrears in payment of dues or service fees.

6.3 An employee who has failed to comply with 6.1above shall be terminated provided the following pre-terminationprocedure has been adhered to:

a. The Association shall notify theemployee by certified mail explaining that he is delinquent innot tendering required membership dues or service fees,specifying the current amount of the delinquency, the period ofdelinquency and warning the employee that unless delinquentmembership dues or service fees are tendered within 3 0 calendardays of such notice, he shall be reported to the County andSheriff for dismissal.

b. If the employee fails to comply, theAssociation shall give a copy of the letter sent to the employeeand the following written notice to the Sheriff and the County'sDirector of Personnel at the end of the 3 0 day period set forthin paragraph a. above:

The Association certifies that (name ofemployee) has failed to tender either the Association membershipdues or service fees required as a condition of employment underthe Collective Bargaining Agreement and demands that, under theterms of said Agreement, his employment be terminated.

A copy of such notice shall at the sametime be sent by the Association to the employee via certifiedU.S. Mail.

c. Within 10 working days of receipt ofsuch notice the Sheriff shall communicate the Association'srequest for termination to the employee and advise such employeethat he must present proof of payment of all back membership duesor service fees owed the Association within 10 working days ofmailing of said notice by the Sheriff (unless otherwise extendedby the Association and the Sheriff) or he shall be deemed to have

refused to make said payment and shall be terminated.

d. If the employee fails to present proofof payment as herein provided, the Sheriff, or his designees,shall terminate the employee.

6.4 The County agrees to deduct all Associationmembership dues, initiation fees and service fees from the wagesof any employee who, on the standard form provided by the County,individually and voluntarily, gives the County writtenauthorization to make said deductions. The written authorizationfor the deduction of Association initiation fees, dues andservice fees shall remain in full force and effect until it iswithdrawn, in writing, by the employee or until the employee'stermination of employment, whichever is sooner.

6.5 While the Association shall have no right orinterest whatsoever in any money authorized withheld until suchmoney is actually paid over to them, the County agrees to turnover to the Association those monies deducted as herein providedas soon as possible after the first pay of each month. TheCounty or any of its officers and employees shall not be liablefor any delay in carrying out such deductions, and uponforwarding a check in payment of such deductions by mail to theAssociation's last known address, the County and its officers andemployees shall be released from all liability to the employeeand to the Association under such assignments.

6.6 All dues, initiation fees and service feesshall be authorized, levied, and certified in accordance with theconstitution and bylaws of the Association. Each employee andthe Association hereby authorizes the County to rely upon and tohonor certifications by the Association regarding the amounts tobe deducted.

6.7 Payroll deductions shall become effective atthe time a properly executed authorization is given to the Countyand deductions shall be taken from the first pay of each month,commencing with the month following the month in which theauthorization is submitted to the County.

6.8 Each remittance by the County to theAssociation shall be accompanied by a list setting forth thenames of all new hires and separations from the bargaining unit,the names of all current employees for whom dues, initiationfees, and service fees have been deducted, the amount deductedand the names of any current employees who have withdrawn theirpayroll deduction authorizations during the previous month.

6.9 The Association agrees to indemnify, protectand save harmless the County and the Sheriff, from any and allclaims, demands costs, suits, judgments, or other forms of

liability, including attorneys fees, incurred by reason of actiontaken or not taken by the County and/or the Sheriff for thepurpose of complying with the provisions of this Article.

ARTICLE VII

ASSOCIATION BULLETIN BOARDS

The Sheriff agrees to provide the Association withadequate space on existing bulletin boards at such locations asshall be agreed to between the Association and the Sheriff, forposting notices of Association recreational and social affairs,elections, appointments and related business matters.

ARTICLE VIII

SPECIAL CONFERENCES

The parties may meet in special conference for thepurpose of considering matters of mutual interest during the termof this Agreement. Any matters discussed or any action takenpursuant to a special conference shall not change or alter any ofthe provisions of this Agreement, or the rights of the Sheriff,the County or the Association, except as they may otherwiseexpressly agree in writing.

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ARTICLE IX

ASSOCIATION MEETINGS

The Association may schedule and conduct membershipmeetings in the Sheriff's Office. Such meetings shall be limitedto employees who are off duty, and shall not disrupt the work ofon-duty employees or the efficient operation of the Office. Onduty employees may attend meetings on County property with thepermission of the Sheriff, or in his absence, his designee.

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ARTICLE X

RECORDS AND INFORMATION

10.1 This Agreement shall be printed at theexpense of the County and a copy shall be provided to theAssociation, employees/ and the supervisors of said employeesThe County shall also provide the Association, upon itsreasonable request, with a copy of all insurance policiesreferenced in this Agreement.

10.2 All public records, reports and otherinformation pertaining to a pending specific grievance orspecific item in negotiations shall be made available to theAssociation.

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"ARTICLE XI

PERSONNEL RECORD

11.1 Employees shall have the right to examine,obtain a copy of, and attach explanatory statements to anydocuments in their own personnel records, as provided underBullard-Plawecki Employee Right to Know Act, Act No. 3 97 of thePublic Acts of 1978.

11.2 No material derogatory to an employee (i.e.,complaints, disciplinary notice and performance evaluations)shall be placed in the employee's personnel record unless a copy.of same is provided to the employee.

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ARTICLE XII

POLITICAL ACTIVITY

Employees shall have the right to participate inpolitical activity while off duty, out of uniform and off thepremises of the Sheriff Office as any other citizen.

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ARTICLE XIII

NEW CLASSIFICATIONS

Salary rates for new bargaining unit classificationscreated during the term of this Agreement are subject tonegotiation. If an agreement cannot be reached, the matter maybe referred to arbitration (Step 3) under the Grievance Procedureherein provided.

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ARTICLE XIV

MISCELLANEOUS RESPONSIBILITIES

14.1 The Sheriff agrees that there will be a shiftsupervisor of the rank of Sergeant or above on duty at all times.

14.2 The shift supervisor shall not work theduties of a patrolman during any overtime hours, except in thoseinstances where there is no patrolman available or when acomplete shift has been called in.

14.3 Deputies assigned to the road patrol of theMidland County Sheriff's Office may double up between the hoursof 12:30 a.m. to 6:30 a.m. The Sheriff has the right duringemergency situations or special assignments to assign deputies tosingle patrol units during the above mentioned hours.

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ARTICLE XV

TEMPORARY TRANSFERS FROM THE SHERIFF'S OFFICE

15.1 The Association recognizes the need from timeto time for employees in the bargaining unit to be temporarilyassigned to departments or agencies outside of the Sheriff'sOffice. It is agreed that the employee will continue to be amember of the bargaining unit and receive all benefits under theAgreement and continue to accumulate seniority during the absencefrom the Sheriff's Office.

15.2 Assignments outside the Sheriff's Officeshall be with the employee's consent.

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ARTICLE XVI

SAFETY CLAUSE

16.1 The parties agree that there will be a safetycommittee comprised of two supervisors from outside thebargaining unit and two employees in the bargaining unit. TheSheriff and County will select the two supervisors and theAssociation will select the two employees. The members of thecommittee will serve for a period of one year beginning onJanuary 1 of each year. The committee will select a Chairman andSecretary and the attendance of three members at a meeting willconstitute a quorum. The committee shall meet upon request ofeither the Association or the County and Sheriff but in no eventmore frequently than once a month, except as otherwise agreed bythe Association and the County and Sheriff. The minutes of themeeting shall be maintained by the Secretary of the Committee anda copy of the minutes shall be furnished to the County, theSheriff and the Association within ten days after each meeting.The committee will discuss and recommend safety procedurespertaining to the Midland County Sheriff and Animal ControlDepartments. Suggestions for additional safety equipment must begiven to the Sheriff and County in writing.

16.2 If a vehicle should be determined by theShift Commander to be defective or unsafe for use during any tourof duty, no employee shall be required to operate such vehicleuntil the same has been cleared by a mechanic as fit and safetyfor the road.

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ARTICLE XVII

SENIORITY

17.1 The Sheriff agrees that new employees hiredinto the unit on a full-time basis shall be considered asprobationary employees for the first twelve months of theiremployment. The probationary period may be extended six monthsby mutual consent of the Sheriff and the employee's immediatesupervisor in writing. This written notice has to be given tothe employee and to the Association before the twelve months isup. A person who has completed twelve months of continuousservice with the Sheriff's Office who has not been given awritten extension shall be considered to have successfully passed"the probation.

17.2 A probationary employee's job performanceshall be periodically evaluated in writing by his supervisor.When an employee successfully completes probation, he shall beentered on the seniority list of the department and shall rankfor seniority from his last date of hire in the department.There shall be no seniority among probationary employees.

17.3 The Association shall represent probationary-employees for the purpose of collective bargaining in respect torates of pay, wages, hours, and other conditions of employment asset forth in this Agreement. The decision to discipline,discharge, or layoff an probationary employee and the decision asto whether or not an employee successfully completes probation,shall vest exclusively in the Sheriff and/or the County and shallnot be subject to review under the grievance and arbitrationprocedures of this Agreement.

17.4 Seniority shall be on a office-wide basis, inaccordance with the employee's last date of hire in thedepartment.

17.5 An employee shall lose his seniority and hisname shall be removed from the payroll for the following reasons:

a. He quits, retires or is discharged andthe discharge is not reversed in the grievance procedure.

b. He is absent for three consecutiveworking days without notifying his Department Head or theSheriff. (In proper cases, exception shall be made upon theemployee's producing convincing proof of his inability to givesuch notice.) After such absence, the employee's Department Heador the Sheriff will send written notification to the employee athis last known address informing him that because of hisunexcused absence he has voluntarily quit and is no longer in theemployment of the Sheriff and/or County.

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c. If he does not notify the DepartmentHead or the Sheriff within three working days after receipt ofnotification to return to work after layoff, as to the date whenhe will return, which must be within two weeks after the deliveryof such notice to his last known address.

d. Failure to return from leave and leavesof absence will be treated the same as (b) above.

e. If he is laid off for a continuousperiod equivalent to his seniority or three years, whichever islesser.

17.6 The County's Personnel Department shallprepare and maintain a seniority list for each office and/ordepartment which shall include the employee's name, job title,and last date of hire in the office.

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ARTICLE XVIII

LAYOFF, RECALL AND BUMPING

18.1 The term "layoff" shall be defined as areduction in the working force.

18.2 In the event of a layoff, probationary part-time and temporary employees in the classification and departmentin which the layoff is to occur shall be laid off first, in anyorder, provided the remaining seniority employees are qualifiedand able to perform the available work as scheduled. Thereafter,seniority employees in the classification and department in whichthe layoff is to occur shall be laid off on the basis ofseniority, least senior first, provided the remaining seniorityemployees are qualified and able to perform the available work asscheduled.

18.3 A seniority employee who is displaced fromhis own classification may exercise his seniority to displace theleast senior employee in an equal or the next lower ratedclassification within his own department in which he is qualifiedand able to perform the work of the employee to be displaced.

18.4 Sheriff's Office employees who transfer out,are promoted, and/or accept a Sheriff appointment to positionsexcluded from this bargaining unit, shall retain theirclassification and freeze their classification seniority earnedprior to the time of leaving this bargaining unit. In the eventof their layoff or demotion from the Command Officers' unit orremoval (voluntary or involuntary) from a Sheriff appointedposition, said Sheriff's Office employees may exercise theirright to return to the classification held prior to leaving thisbargaining unit. However, no bargaining unit member shall bedisplaced by a returning employee to this bargaining unit.

18.5 Employees to be laid off for an indefiniteperiod of time will receive at least seven calendar days' writtennotice of layoff. The Association shall receive a list from theCounty's Director of Personnel of the employees being laid off onthe same date the notices are issued to the employees.

18.6 When the work force is increased after alayoff, seniority employees will be recalled in order ofseniority by classification and department, most senior first,provided the employee to be recalled is qualified and able toperform the available work as scheduled. Notice of recall may beby telephone, confirmed by certified mail to the employee's lastknown address, with a copy to the Association. Employees will begranted up to ten working days to return to work, upon request ofthe employee.

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ARTICLE XIX

JOB POSTING

Regular position vacancies shall be posted for a periodof seven days. A seniority employee on vacation throughout theseven day posting period shall be afforded an opportunity to bidon the position upon return to duty.

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ARTICLE XX

PROMOTION TO RANK POSITIONS

20.1 Rank positions within the bargaining unit areCorrections Officer Shift Leader and Detective. There shall beno new ranks created in this bargaining unit above these ranks.

20.2 When an employee holding a rank position isabsent from his position for a period of two months or more andthe Sheriff elects to fill the position on a regular basispending the employee's return, the position shall be posted as atemporary vacancy.

2 0.3 Promotions to regular full-time rank positionvacancies shall be made on a competitive basis. To be consideredfor promotion an employee shall possess the minimumqualifications, experience, knowledge and ability to perform allduties and responsibilities of the position.

2 0.4 To be eligible to apply for promotion to therank of Detective, an employee must have four years senioritywith the Sheriff's Office or attains four years seniority duringthe duration of the eligibility list. Promotion determinationsshall also be made with consideration given to the employee's:

a. Written examination resultsb. Oral board interviewc. Seniorityd. Time in gradee. Past performance evaluation (3 years)

Frequency and Notice of Eligibility Exam:

a. The promotional eligibility exam will begiven in January of each year unless there is no position vacancythen pending, in which event the Sheriff may defer theexamination until the next promotional vacancy arises.

b. The date of the exam shall be posted aminimum of ten days prior to the date it is to be administered.

c. The posting shall contain a generaldescription of the subject matter covered in the exam.

d. Written and oral examinations shall bebased on the classification vacancy to be filled.

Written Examination:

a. A standard or raw score (to bedetermined by the Personnel Director and announced prior to the

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test date) of 70% or above shall be required for an employee topass the written examination.

weight of 50%.b. The written examination shall have a

c. Employees shall be able to review theirscored exams.

Oral Board Interview:

a. An oral board shall be comprised ofthree members, all full-time law enforcement personnel who hold arank above Sergeant and who are not associated with the MidlandCounty Sheriff's Office. The oral board members shall beappointed by the Sheriff.

b. The oral board members shall not beinformed of the competitor's written score.

c. The lowest of the three oral boardscores shall be dropped from final tabulations. The competitor,upon request, shall be allowed to receive his own oral boardscore within 30 days of computation of all competitors7 scores.

d. The oral board interview shall have aweight of 3 0%.

Seniority:

a. Each competitor shall receive 1.0% foreach year-of seniority up to a maximum of 2 0% for 2 0 years'seniority.

b. The employee's seniority shall have aweight of 20%.

Selection:

a. The Sheriff shall make his selectionfrom the top five qualified candidates.

Eligibility List:

Candidates who have passed the written examand have taken the oral board shall be placed on an eligibilitylist for a period of one year, or until a new eligibility list isestablished.

20.5 An employee who is promoted shall be onprobation for a period of six months to prove his ability. TheSheriff may extend the probation for a period of up to six

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months. During probation, an employee may transfer back to theclassification he held prior to the promotion, without loss ofseniority and at his former rate of pay.

20.6 The Sheriff will fill position vacancieswithin sixty (60) days of posting. Extensions beyond sixty (60)days shall be subject to the approval of the Association, whichapproval shall not be unreasonably withheld.

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ARTICLE XXI

GRIEVANCE PROCEDURE

21.1 A grievance is a claim that there has been amisinterpretation or misapplication of the provisions of thisAgreement.

21.2 The following procedure is to be observed inthe settlement of grievances:

Step 1: Any employee having a grievance shall discussthe matter with his immediate supervisor within 15calendar days of the date he first becomes aware, orreasonably should have become aware, of its occurrence.

Step 2: If Step 1 does not effect settlement, withinthree calendar days of the meeting with the supervisorthe grievance shall be reduced to writing and signed bythe aggrieved employee, and a copy given to the Sheriffand the County's Director of Personnel or theirauthorized designees. The Sheriff and the Director ofPersonnel shall meet with the aggrieved employee andthe Steward within ten calendar days of receipt of thewritten grievance to try to resolve the matter.

Step 3: If Step 2 does not effect settlement, theAssociation shall have the right to submit the matterfor decision of an impartial arbitrator provided thatthe Association shall file a Demand for Arbitrationwith the American Arbitration Association no later than15 calendar days after receipt of the Step II answer,with a copy to the Sheriff and the County's Director ofPersonnel. Selection of the arbitrator and thearbitration process shall be governed by the VoluntaryLabor Arbitration Rules of the American ArbitrationAssociation.

The fees and approved expenses of the arbitrator shallbe borne equally by the County and the Association.Each party shall be responsible for compensating itsown representatives and witnesses. The arbitrator'sdecision, when made in accordance with his jurisdictionand authority established by this Agreement, shall befinal and binding upon the Sheriff, the County, theAssociation and the employee's involved.

Any arbitrator selected or appointed under thisparagraph shall have jurisdiction and authority tointerpret and apply the provisions of this Agreementinsofar as it shall be necessary to the determinationof the grievance before him, but he shall have no

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.

jurisdiction or authority to add to, subtract from,alter, modify or amend in any way the provisions ofthis Agreement, nor shall he substitute his discretionfor that of the County, the Sheriff, or the Associationwhere such discretion has been retained by saidparties, nor shall he exercise any responsibility orfunctions of the Employers or the Association. If thegrievance concerns matters not within the arbitrator'sjurisdiction, it shall be returned to the partieswithout decision.

21.3 Any grievance not initiated within the timelimits herein provided shall be barred. If any grievance is notappealed within the time limits herein provided, the County'sand/or Sheriff's last answer to the grievance shall be consideredfinal and shall not be subject to further appeal.

21.4 In all steps of the grievance proceduredescribed above, either the Sheriff, the County or theAssociation shall have the right to specify that the aggrievedemployee or his or her supervisor be called in to discuss thedetails of the grievance in the presence of the properrepresentatives of the parties.

21.5 All time limits herein set forth may beextended by mutual agreement.

21.6 Grievance meetings shall be scheduled attimes mutually agreeable to the Association, the County and theSheriff.

21.7 The resolution of a grievance shall not addto, subtract from or modify the terms of the Agreement, unlessdone so in writing and approved by the Association, the County,and the Sheriff. Any agreement on a grievance reached betweenthe Association, the County and the Sheriff shall be binding onthe Association, the County, the Sheriff and the employeesinvolved.

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ARTICLE XXII

MANAGEMENT RIGHTS

22.1 It is recognized that the County of Midlandand the Midland County Sheriff respectively retain the powers,rights, authority and duties conferred upon them by the laws andthe Constitution of the State of Michigan.

22.2 The management of the County and the Officeof Sheriff, the control of the County's properties, and the rightto manage their respective affairs efficiently and economically,is solely the responsibility of the County and the Sheriff.

22.3 All rights, functions, powers and authoritywhich the County and the Sheriff have not specifically abridged,delegated or modified by this Agreement are recognized by theAssociation as being retained by the County and the Sheriff.

22.4 Except as otherwise limited by the terms ofthis Agreement, the County and the Sheriff shall possess, by wayof illustration and not by way of limitation, the followingmanagement rights:

a. The right to determine the number andlocation of facilities.

b. The right to determine the work to beperformed within the unit.

c. The right to determine the amount ofsupervision to be provided.

d. The right to determine all mattersrelated to the selection, procurement, design, engineering andcontrol of tools, equipment and material.

work.e. The right to prescribe schedules of

f. The right to determine the number ofemployees assigned to each job classification.

g. The right to purchase services fromothers excluding personnel for regular full-time patrol andcorrection duties.

duty.

and regulations

h. The right to relieve employees from

i. The right to enforce reasonable rules

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duties.j . TEe right to prescribe and assign

k. The right to discipline and dischargeseniority employees for just cause.

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ARTICLE XXIII

DETECTIVE BUREAU

23.1 The County and the Sheriff agree that withinthe Midland County Sheriff's Office there may be an investigativeunit referred to as the Detective Bureau.

23.2 The Sheriff agrees that Detectives shallconduct criminal investigations assigned to the Detective Bureau.

23.3 Detectives will receive a full clothingallowance and laundry rights as provided in Article XXXIX.

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ARTICLE XXIV

DIVING TEAM

24.1 Each employee who has made himself availableto and been accepted by the Sheriff for diving, shall participatein six to eight hours of proficiency training seven times peryear. Such training may be conducted during or in place of theemployee's regular work hours. The dates and duration of suchproficiency training as herein provided shall be determined bythe Sheriff.

24.2 Travel time to and from the diving site shallbe compensated at the employee's regular straight time rate ofpay. Divers shall receive double time while diving and whileactually engaged in body or evidence recovery work. Whenactually engaged in such work under ice, divers shall receivetriple time.

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ARTICLE XXV

HOURS OF WORK AND OVERTIME

25.1 A work week for all employees is based on anaverage of 80 hours per pay period and an average of 2,080 hoursper year. The salary and hourly rate for all employees is basedon a standard work year of 2,080 hours.

25.2 Office employees may have staggered shifts ifthey so desire, which shifts may start at 6:00 a.m. and terminateby 8:00 p.m., so long as there is sufficient personnel toefficiently operate the office from 8:00 a.m. to 5:00 p.m.,Monday through Friday. Within the guidelines set forth hereinand with the approval of the Sheriff, office employees shallselect their work hours by seniority and shall be allowed two tenminute breaks, one in the morning and one in the afternoon.

25.3 The standard hours of work for Animal ControlOfficers shall be 8:00 a.m. to 5:00 p.m., Monday through Friday,including a one hour unpaid lunch period. Animal ControlOfficers shall clean the kennels and feed the animals on Saturdayand Sunday on an alternating basis according to a scheduleestablished by the Chief Animal Control Officer.

Any time an Animal Control Officer is called in to dutybetween the hours of 5:00 p.m. and 11:00 p.m., he shall receivetime and one-half for actual hours worked but not less than threehours pay at his straight time rate. If the officer is called inbetween the hours of 11:00 p.m. and 6:00 a.m., or while he is onleave, he shall receive pay at time and one-half for actual hoursworked but not less than the equivalent of four hours at hisstraight time rate.

25.4 All employees regularly assigned a twelvehour work shift shall be allowed a paid forty-five minute lunchperiod. Employees shall be subject to call and assignment duringthe lunch period.

25.5 Twelve hour shift assignments shall besubject to the following terms and conditions:

a. Employees assigned twelve hour shiftsshall have four days on and four days off, with each employee onthe twelve hour shift receiving one additional day off every sixweeks which shall be scheduled for either the first or last dayof the employee's four day work period.

b. The regular day shift shall commencebetween the hours of 6:30 a.m. and 8:30 a.m., as may beestablished from time to time by the Sheriff, and shall terminatetwelve hours after commencement.

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c. Th~e regular night shift shall commencebetween the hours of 6:30 p.m. and 8:30 p.m., as may beestablished from time to time by the Sheriff, and shall terminatetwelve hours after commencement.

d. The parties agree that employees shallbe assigned non-rotating shifts. Initial shift selections weremade on the basis of seniority. Notwithstanding the above, theparties agree that the Sheriff shall retain the right to changeany employee's shift assignment at any time.

25.6 Detective Bureau employees shall regularlywork as nearly as possible a balanced 40-hour work week.Overtime is to be computed weekly and not daily.

25.7 The Sheriff agrees that he will not changework schedules or work days to avoid the payment of overtime.

25.8 The County agrees that time and one-halfshall be paid for off-duty hours an employee is required to be incourt. A minimum of three hours pay at the employee's straighttime hourly rate shall be guaranteed for each such appearance.The employee shall turn over to the County all witness andmileage fees received.

25.9 Overtime shall be distributed as equally aspossible in the classification where the overtime occurs.Overtime sheets shall be posted bi-weekly

25.10 The Association shall cooperate with theSheriff and County in controlling and reducing overtime to aminimum.

25.11 When an employee is required to return towork outside of his regularly scheduled hours, he shall receive aminimum of three (3) hours pay. This provision shall not applyto overtime when holding over on a job or being called in early.

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ARTICLE XXVI

SHIFT PREMIUM

26.1 The County shall pay a shift premium of$90.00 per month to those employees who are regularly assigned towork the 6:30 p.m. to 6:30 a.m. twelve hour shift in theSheriff's Office.

2 6.2 A shift premium shall not be payable to anypersons who are temporarily assigned to the shift referenced in26.1 above, for purposes of overtime, replacing other personnelor meeting other short-term staffing needs in the Sheriff'sOffice, nor shall it be payable to any persons who may beassigned a work shift that overlaps only part of the abovereferenced hours.

26.3 The shift premium for the preceding monthwill be paid on the first regular pay day each month.

26.4 In the event the Sheriff shall modify shiftschedules in a manner which results in an employee working ashift, a majority of which falls between 6:30 p.m. to 6:30 a.m.,such employee shall be entitled to the above-referenced shiftpremium.

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ARTICLE XXVII

WAGES

27.1 The base salaries for employees coveredherein shall be as set forth as Attachments which are attachedhereto and made a part of this Agreement.

27.2 When an employee works in a higher ratedclassification for four (4) or more consecutive hours, he willreceive the next step-up rate of pay in the higher ratedclassification for all hours worked.

27.3 In addition to the base salary shown inAppendix "C", Cooks shall receive thirty ($30.00) per month inlieu of shift premium for the duration of this Agreement.

27.4 There shall be a 2.5% lump sum payment oneach bargaining unit member's 1994 W-2 earnings (not added tobase salary) for contract year 1995.

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ARTICLE XXVIII

EMPLOYEE HOSPITALIZATION INSURANCE

28.1 Effective upon ratification of this Agreementby the parties, the employee shall pay 4.5% of the premium costof Blue Cross/Blue Shield MVF-1, hospital, medical, surgicalinsurance, including the master medical option 1 (excluding drugsCOB-3, exact fill), FAE-RC, SD, DC, D45, OPC, ML, SAT-2, SOT-PE,GLE-1, PCES-2, predetermination for non-emergency hospitaladmissions, second surgical opinion and $5.00 co-pay PDP (MAC)program riders, or their equivalent, for the employee and theemployee's spouse and dependents (as defined in the County'sinsurance plan with its carrier). The County shall continue topay the premium for such coverage for the employee, spouse andeligible dependents during any period the employee is disabledthrough service connected injuries.

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ARTICLE XXIX

RETIREE HEALTH CARE

29.1 Effective upon ratification of this Agreementby the parties, the County shall provide health care for retireesand retiree spouses in accordance with the following provisions:

The County will pay the cost of Blue Cross/Blue ShieldMVF-1, hospital, medical, surgical insurance with the followingriders for the retiree only:

D45NM HOSPITAL DAYS OF CARE - 3 65 days for generalconditions - 45 days for mental conditions -45 days for pulmonary tuberculosis.

CC CONVALESCENT CARE - 730 days for generalconditions in an approved convalescentfacility - mental conditions covered withcertain limitations - each day of generalhospital care reduces convalescent care bytwo days.

FAERC EMERGENCY FIRST AID - Reasonable charge forinitial examination and treatment ofaccidental injuries and medical emergency.

ASFP AMBULATORY SURGICAL FACILITY PROGRAM -Outpatient surgery benefits in an approvedfreestanding facility, when the use ofextensive hospital facilities and supportsystems are not required.

ML WAIVER OF MEMBER LIABILITY - Waives themember liability of $5.00 or 10 percent(whichever is greater) of the physiciansreasonable charge for: diagnosticlaboratory, radiology, pathology, and EKG's.

MASTER MEDICAL OPTION I WITH PRESCRIPTION DRUGS

At age 65, the retiree must also enroll in Part B ofthe Medicare Program. The County will thereafter pay the cost ofBlue Cross and Blue Shield Master Medical Programs' ComplimentaryCoverage Option I or its equivalent coverage.

The County shall also allow the retiree to include inits group coverage the retiree's spouse in accordance with thefollowing provisions:

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The County shall begin to immediately pre-fund theRetiree Health Care Program by establishing a separate fundcalled the "Retiree Health Care Fund" that will be used for thepurpose of paying Retiree Health Care Premiums. The County shallannually budget sufficient funds, to contribute to the RetireeHealth Care Fund, based upon the actuarially determined amount tobe reserved for the future cost of Retiree Health Care Premiums.

A retiree's spouse who is covered by health carebenefits from the spouse's employer, shall not be allowed toparticipate in the County sponsored Retiree Health Care Program.

A retiree and spouse shall be allowed to participate inthe Retiree Health Care Program benefit provided they meet thefollowing requirements:

The recipient must be an active retiree ofthe County and must be receiving monthly retirement benefitspursuant to the County Retirement Plan.

Beneficiaries of retirees shall be allowed tocontinue to receive health care benefits as long as the namedbeneficiary is covered by the retiree's health care plan at thetime of the retiree's death and continues to receive the deceasedretiree's retirement allowance. If a deceased retiree's spouseremarries, health care benefits shall not be available to the newspouse.

Dependent children of the retiree areeligible for continued health care coverage after the retiree'sdeath, provided the dependent children were enrolled in theretiree's health care plan at the time of the retiree's death andcontinue as dependents under the surviving spouse who is thenamed beneficiary of the retiree who is receiving the deceasedretiree's retirement allowance. In the event a dependent childis the named beneficiary and continues to receive the deceasedretiree's retirement allowance, and is also enrolled in theretiree's health care plan at the time of the retiree's death,the dependent child shall continue to receive health carecoverage through the end of the year in which the dependent childreaches age 19 and age 25 if they are enrolled in a university.

An employee who is eligible for retirement,regardless of age or years of service, shall be entitled toRetiree Health Care Benefits for the employee and their spouse.The County shall pay 100% of the health care premiums for theretiree and 50% of the premium for retiree spouses and eligiblesponsored dependents and the employee shall pay 50% of thedifference.

The County shall pay an additional 5% of theretiree spouses and eligible sponsored dependent's health care

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premiums for each year of service in excess of 10 years ofservice for Retiree Health Care.

Definition of years of service for RetireeHealth Care is defined as the years of service used to computethe retiree's annual retirement allowance.

Employees shall contribute 3.5% toward theRetiree Health Care Fund, to be deposited into the "RetireeHealth Care Fund" to assist in the funding of future health carebenefits for the retiree and their spouse:

Any member of the bargaining unit, who uponretirement chooses, for any reason, not to participate in thespousal health insurance or is not eligible to participate in thespousal health insurance program, shall have the amountcontributed by the employee, refunded to the employee. Allrefunds shall include the entire amount paid by the employee plusinterest at the rate the County receives same.

2 9.2 The County shall pay the premium cost of thecoverage referred in Section 2 9.1 above for the widow or widowerand dependents of any Sheriff's Office employee killed or fatallyinjured as a result of an occurrence arising out of or in thecourse of the employee's employment; provided, however, suchobligation to pay premiums shall cease as to the widow or widowerin the event she/he remarries and as to the dependents at suchtime as they are no longer eligible for coverage as provided inSection 2 9.1 above.

29.3 Further, the County shall pay on behalf ofthe widow or widower and dependents of an employee, the premiumcost of the coverage referenced in Section 2 9.1 above for aperiod of six months following the death of an employee who iskilled by a non-job related accident or dies from natural causes.

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ARTICLE XXX

LIABILITY INSURANCE

30.1 The County shall provide at no cost to theemployee a policy of liability insurance to indemnify and protectemployees against loss arising out of any claim of any naturebrought against the employee arising out of the performance ingood faith of official duties of such employee. Such liabilityinsurance shall protect the employee where he might becomelegally obligated to pay damages because of:

a. False arrest, detention or imprisonment,or malicious prosecution.

character.

or wrongful entry.

and after arrest.

b. Libel, slander, or defamation of

c. Invasion of privacy, wrongful eviction

d. Assault and battery pursuant to, during

30.2 For the purpose of this section, officialduty shall be construed to be acts done pursuant to authorityconferred by law or within the scope of employment or in relationto matters committed by law to the employee or to the Sheriff'sOffice under whose authority the employee is acting, whether ornot there is negligence in the doing of such acts. Employeeswill be covered while engaged in enforcing the law beyond normalduty hours. Where there is willful misconduct or lack of goodfaith in the doing of any such acts, the same shall notconstitute the performance in good faith of the official dutiesof any employee within the operation or intent of this section.

3 0.3 The coverage provided by such insurance shallbe in an amount not less than $500,000 for each person or anaggregate of $1,000,000 and shall include the costs of defenseincluding attorney fees.

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PARTICLE XXXI

LIFE INSURANCE

The County shall pay the full premium cost of groupterm life insurance providing coverage to each employee in theamount of $25,000 and providing an accidental death anddismemberment endorsement having a double indemnity provision inthe amount of $25,000.

Employee may purchase additional life insurance inincrements of $10,000 through the County at the County's ratesubject to the requirements of the insurance company.

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ARTICLE XXXII

ON DUTY INJURY PLAN

32.1 The County agrees to process a claim forWorkers7 Compensation as provided for by the Michigan Workers'Compensation Act for an employee injured during the performanceof his duties.

32.2 In addition to Workers' Compensationbenefits, the County agrees to pay an employee who is injuredduring the performance of his duties, the difference between theweekly benefits he received under Workers' Compensation and theamount of his net weekly base pay (i.e., less payroll withholdingtaxes, overtime, shift premium, longevity pay, etc.) for theperiod her is disabled and unable to return to work or twelve(12) months, whichever is lesser. Further, upon writtenrecommendation of the Sheriff to the Midland County Board ofCommissioners, the County may pay such disabled employee theadditional payment for an extended period not to exceed sixmonths following the initial twelve month period. No paymentshall be made in such instance until such recommendation has beenapproved by the Midland County Board of Commissioners.

32.3 During the period which the employee isentitled to receive Workers' Compensation payments, the employeeshall not be charged for leave to which the employee mayotherwise be entitled.

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ARTICLE XXXIII

DISABILITY PLANS

Short Term Disability Plan

Waiting Period - 7 calendar days% of pay - 75% of base payMaximum - $3,000 per monthMaximum Time - 6 months

Long Term Disability Plan

Waiting Period - 6 months% of pay - 66-2/3% of base payMaximum - $3,000 per monthMaximum Time - 1.5 years

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34.1shall be:

ARTICLE XXXIV

PAID LEAVE

The County agrees that the leave schedule

Effective 12/31/94:

For employees with 1 to 4 years seniority 196 hoursFor employees with 5 to 9 years seniority 23 6 hoursFor employees with 10 to 14 years seniority 2 68 hoursFor employees with 15 to 19 years seniority 292 hoursFor employees with over 2 0 years seniority 3 08 hours

Effective For Employees Hired After The Signing Of ThisAgreement:

For employees with 1 to 4 years seniority 126 hoursFor employees with 5 to 9 years seniority 166 hoursFor employees with 10 to 14 years seniority 198 hoursFor employees with over 15 years seniority 222 hours

34.2 An employee is entitled to carry over fromone calendar year to the next calendar year up to a maximum of12 0 hours of leave; provided that it is scheduled well in advancewith the Sheriff and/or department head and does not interferewith the efficient operation of the office concerned. Employeeswill schedule leaves as far in advance as possible. The Sheriffwill have final approval.

34.3 The scheduling of leaves while by seniorityis a mutual responsibility of the employee and his supervisor,and in all cases the approval for leaves is the soleresponsibility of the supervisor and subject to approval by theSheriff.

34.4 Miscellaneous leave rules:

a. An employee may use his leave in four(4) hour blocks or six (6) hour blocks; however, if a conflictoccurs between an employee wishing to use a partial day's (lessthan 12 hours) leave and an employee wishing to use a full day's(12 hours) leave, the full day's leave shall have priority.

b. When an employee quits with at leastfive days' notice, he will be paid for unused leave. When anemployee is laid off for lack of work, he may elect to be paidfor unused leave.

c. In the event of the death of anemployee, all leave due him will be paid in the same manner as

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for wages due.d. When an employee retires, he will be

paid for all leave due plus the pro rata share of leave earned atthe time of retirement.

e. If an employee is discharged for causeor quits without giving five days' notice, no leave pay will beallowed.

f. Leave shall be credited to the employee onJanuary 1 of each year and shall not be prorated except as hereinprovided.

g. A maximum of two deputies may be off onleave for a shift at one time.

h. Leave benefits for all active employee andinactive employees with seniority upon returning to work will bedetermined as follows:

(1) Employees off for less than threemonths are entitled to full leave privileges.

(2) Employees off for more than three,but less than six months, are entitled to full leave privilegesafter working six months.

(3) Employees off for more than sixmonths are entitled to full earned leave privileges according tothe following schedule:

(i) An employee who has worked sixmonths in the year in which he is off, upon return must work sixmonths to qualify for leave.

(ii) An employee who has not workedsix months during the year in which he is off, upon return, mustwork to the end of the calendar year, and in that period, haveworked six months.

(iii) An employee who has not workedsix months during the year in which he is off, upon return, if hecannot work six months before the end of the calendar year (notenough work days), will be eligible for leave after working oneyear in which he has worked six months.

(iv) Employees who have been off workdue to illness are entitled to full leave privileges as follows:

* Off less than three monthsshall be entitled to full leave privileges.

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* Off for three months or morebut less than six months shall be entitled to full leave privilegesupon return to work.

(4) Employees receiving Worker'sCompensation benefits will be paid for any unused leave in theirfirst regular paycheck received after February 1 of the followingyear.

34.5 A leave advance check, not to exceed a twoweek period, may be issued to an employee upon request prior tothe taking of his leave. Such request must be made in writing tothe employee's supervisor three weeks prior to the starting dateof the employee's leave and presented to the employee'ssupervisor.

34.6 When an employee has two or moreconsecutively scheduled work days off on leave, any and alladjacent days off shall be treated as the employee being on leaveand unavailable for work.

34.7 No leave shall be earned by an employeeduring a leave of absence without pay. Upon successfulcompletion of the probationary period, employees shall becredited with leave computed from the commencement of theiremployment. Probationary employees may use twenty four hours ofleave during their first year of employment subject to theapproval of the Sheriff.

34.8 An employee shall be entitled to use hisaccrued leave days for absences due to bonafide illnesses.Approval of the employee's immediate supervisor shall be requiredon all requests for such leave. Medical certification will notgenerally be required to substantiate leave of one working day;however, medical certification or, in lieu thereof, a signedwritten statement from the employee setting forth the reasons forthe leave may be required at the discretion of the Sheriff or hisdesignee for each absence, regardless of the duration, should theSheriff have reason to believe the employee is abusing leaveprivileges. False statements concerning the reasons for anabsence, or failure to obtain a medical certificate whenrequested, shall constitute just cause for disciplinary action,up to and including dismissal.

34.9 Leave shall not be allowed in advance ofbeing earned. If an employee has insufficient leave credits tocover a period of absence, no allowance for leave shall be postedin advance or in anticipation of future leave credits. In theabsence of applicable leave credits, payroll deductions for thetime lost shall be made for the work period in which the absenceoccurred.

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34.10 An employee shall be allowed to useaccumulated leave for sickness in the immediate family, uponapproval of his immediate supervisor.

34.11 An employee may use leave in increments oftwo or more hours for medical or dental appointments; however,the Association agrees with the Sheriff and the County that thisprovision shall not be abused.

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ARTICLE XXXV

FUNERAL LEAVE

35.1 In the event of a death in the employee'siiranediate family (spouse, child, parent, brother, sister, mother-in-law, father-in-law, legal guardian, step-parents, step-brother, step-sister, step-son, step-daughter, and grandparents),the employee shall be excused without loss of pay on the dayswhich he has been scheduled to work during the period from theday of death to the day of the funeral, both inclusive, but notto exceed a total of three (3) days for such absence, as isrequired to discharge his specific obligation.

35.2 In the event of the death of an employee'sclose relative (brother-in-law, sister-in-law, daughter-in-law,son-in-law), the employee shall be excused without loss of payfor purposes of attending the funeral, provided such funeral dayis one of the employee's normally scheduled work days.Attendance at the funeral of other persons may be approved at thediscretion of the Sheriff.

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ARTICLE XXXVI

COURT APPEARANCES

36.1 Employees required, whether by the County ofMidland or any public agency, to appear before a court or agencyon any matters related to their work for Midland County, shall bepaid their wages for time necessarily spent for such courtappearances after turning over to the County the witness feesreceived from the court.

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ARTICLE XXXVII

JURY DUTY

37.1 On duty employees shall be paid their regularbase wages for time necessarily spent in jury service afterturning over to the County the payment received from the court.

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ARTICLE XXXVIII

HOLIDAY PAY

38.1 The Union will forfeit idle holiday pay inexchange for 32 hours pay in the form of a bonus to be paidannually on the first pay period in December. Such bonus will beadded to final average compensation.

New Year's DayPresident's DayGood FridayMemorial DayIndependence DayLabor DayThanksgiving DayChristmas Day

38.2 The period of the holiday for shift employeesand those on odd schedules, which cover either Saturday orSunday, shall commence between 6:30 p.m. to 8:30 p.m. on the daypreceding the holiday and end at the same time on the day of theholiday. For all other employees, the period of the holidayshall commence at 8:00 a.m. on the day observed as the holidayand end at 8:00 a.m. on the following day.

38.3 For all employees other than shift employeeand those on odd schedules covering either Saturday or Sunday,holidays falling on Sunday shall be observed on the followingMonday, and holidays falling on Saturday shall be observed on thepreceding Friday.

38.4 When a holiday falls on an employee'sregularly scheduled day off, payment for the holiday shall notcount as hours worked for purposes of computing overtime.

38.5 To be entitled to holiday pay, the employee,(1) must work if scheduled on the holiday, (2) must work his lastscheduled shift immediately preceding the holiday and his firstscheduled shift immediately following the holiday (leave shall beconsidered time worked), and (3) must be on the County's activepayroll upon the occurrence of the holiday (e.g. Employees onlayoff or unpaid leave of absence shall not be deemed to be onthe County's active payroll. Layoff for the purpose of thisparagraph shall mean an employee off work for a period in excessof four (4) working days, the holiday included.)

38.6 An employee who works on any of the holidaysdesignated in Paragraph 38.1 of this Article will receive, inaddition to holiday pay as above provided:

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a. Time and one-half for all hours workedwhich fall within his regularly scheduled number of hours of workfor that day.

b. Double and one-half time for all hoursworked which are in excess of his regularly scheduled number ofhours of work for that day.

38.7 For the purposes of determining the pay foran employee who works on a day observed as a holiday which fallson one of his regularly scheduled off days, "regularly scheduledhours of work" shall mean the same hours he was assigned to workon his last regularly scheduled work day immediately precedingthe holiday, or day observed in place of the holiday.

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ARTICLE XXXIX

UNIFORMS AND EQUIPMENT

39.1 The County agrees to provide uniforms andother articles of clothing which it requires employees to wearwhen on duty. Detectives will receive a clothing allowance of$535.00 per year to be paid annually, in lieu of uniforms andother clothing. Payments are to be made in the first pay periodof June. Where necessary, dry cleaning and laundering of shirtswill be provided for clothing worn exclusively while on duty,including schools and special assignments. Personal clothingthat is destroyed and/or damaged to the point it is unserviceablewhile an officer is engaged in the performance of his duties,shall be replaced by the County with clothing of like quality.

39.2 The County shall provide any equipment whichit requires employees to use when on duty, e.g. helmets, nightsticks, flashlights, batteries, first aid kits, flares, raincoats, shot guns, rifles, gun racks for patrol cars andammunition. Individual lockers shall be provided for the storingof clothing and equipment.

3 9.3 All bargaining unit members certified with aweapon and required by the Sheriff to carry same while on duty,shall be furnished such rounds of ammunition as necessary.Deputies shall also be provided ammunition for training purposes;provided, however, that prior to the receipt of such ammunitionit shall be the obligation of the deputy requesting the same toturn in to the Sheriff the spent brass from his previous supplyof training ammunition.

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ARTICLE XL

RETIREMENT

1. Except as prohibited by law, all employeesprovided retirement benefits under Act 345 of the Public Acts of1937, as amended, and the resolutions of the Midland County Act345 Retirement System Board, shall continue their participationin said retirement plan. The plan provisions applying to saidemployees shall be those in effect as of March 27, 1990, with thefollowing amendments:

a. Final average compensation shall meanthe highest annual compensation received by a member during aperiod of three consecutive years of service contained within theten years of service immediately preceding retirement.Compensation of members in determining amounts subject todeduction for payment to the Retirement System and fordetermination of "final average compensation" shall consist ofall payments received by a member for base salary, longevity payand shift differential and shall exclude payment received forovertime and any lump sum payment in lieu of unused sick leave orvacation days and shall further exclude any sum received as aclothing allowance.

b. Effective upon signing of thisAgreement, the retirement multiplier of 2.5% shall be increasedto 2.6%. The cost for the difference of this benefit shall bedetermined by a supplemental actuarial valuation for thatspecific benefit increase. The cost for the increase of thisbenefit is to be paid by the employees through payroll deduction.Fees incurred by the supplemental actuarial valuation shall beshared equally by the employer and the Union.

c. The contribution rate for employeesparticipating in this retirement plan shall be 6.27% of each suchemployee's total annual compensation. Employee contributions tothe retirement plan shall be made through payroll deductions bythe County.

2. All employees who were hired prior to March27, 1990, and provided retirement benefits under the MidlandCounty Employee's Retirement System, shall continue theirparticipation in said retirement plan. The plan provisionsapplying to said employees shall be those in effect as of March27, 1990, with the exception that effective January 1, 1990, thecontribution rate for employees participating in this retirementplan shall be reduced from 5% to 3% of each such employee's totalannual compensation. Employee contributions to the retirementplan shall be made through payroll deductions by the County.

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3. All secretaries, administrative secretaries,records clerk typists, kennel maintenance employees, cooks andanimal control officers, hired after March 27, 1990, shallparticipate in the Midland County Employees' Retirement System.The plan benefits applying to said employees shall be those ineffect as of March 27, 1990, with the exception that effectiveJanuary 1, 1990, the contribution rate for employeesparticipating in this retirement plan shall be 3% of each suchemployee's total annual compensation. Employee contributions tothe retirement plan shall be made through payroll deductions bythe County.

4. The County will provide the opportunity foremployees in the Midland County Employees Retirement System toretire early by reducing the point requirement from 85 to 75points for the limited window period of July 11, 1997 throughDecember 31, 1997. An employee must exercise this option duringthis window period.

5. Except as prohibited by law, all correctionalofficers hired after March 27, 1990, shall be provided retirementbenefits under Act 345 of the Public Acts of 1937, as amended,and the resolutions of the Midland County Act 345 RetirementSystem Board. The plan provisions applying to said employeesshall be those in effect as of March 27, 1990, with the followingamendments:

a. Final average compensation shall meanthe highest annual compensation received by a member during aperiod of three consecutive years of service contained within theten years of service immediately preceding retirement.Compensation of members in determining amounts subject todeduction for payment to the Retirement System and fordetermination of "final average compensation" shall consist ofall payments received by a member for base salary, longevity payand shift differential and shall exclude payment received forovertime and any lump sum payment in lieu of unused sick leave orvacation days and shall further exclude any sum received as aclothing allowance.

b. Effective upon signing of thisAgreement, the retirement multiplier of 2.5% shall be increasedto 2.6%. The cost for the difference of this benefit shall bedetermined by a supplemental actuarial valuation for thatspecific benefit increase. The cost for the increase of thisbenefit is to be paid by the employees through payroll deduction.Fees incurred by the supplemental actuarial valuation shall beshared equally by the employer and the Union.

c. The contribution rate for employeesparticipating in this retirement plan shall be 6.27% of each suchemployee's total annual compensation. Employee contributions to

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the retirement plan shall be made through payroll deductions bythe County.

6. Employees who have served in the UnitedStates Military and have been honorably discharged from same mayelect to purchase this time - up to six (6) years - at the ratecalled for in Act 345.

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"ARTICLE XLI

LONGEVITY

41.1 For full-time employees who are employed onor before the signing of this Agreement, the County agrees thatthese employees, who have attained the below mentioned requisiteperiods of service credit, shall receive annual payments on thefirst salary payroll following an employee's anniversary:

Upon the completion of 5 years full-time continuousservice - 2% of annual base salary.

Upon the completion of 10 years full-time continuousservice - 3.5% of annual base salary.

Upon the completion of 15 years full-time continuousservice - 4.5% of annual base salary.

Upon the completion of 2 0 years full-time continuousservice - 5.5% of annual base salary.

Upon the completion of 22 years full-time continuousservice - 7% of annual base salary.

41.2 "Annual Base Salary" shall mean theemployee's annual base salary in effect on his currentanniversary of hire date.

41.3 Employees hired after the signing of thisagreement shall not be eligible for longevity payment.

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ARTICLE XLII

COLLEGE BENEFITS

42.1 An employee who holds a two-year AssociateDegree in Law Enforcement or Criminal Justice from an accreditedcollege or university shall receive $450.00 additionalcompensation. Employees who have a Bachelor's Degree in LawEnforcement or Criminal Justice from an accredited college oruniversity, shall receive $650.00. These payments will be madeon the first pay period in December of each year. Eligibleemployees receiving their initial bonus must have completed theirprobationary period and have been awarded their degree prior toSeptember 3 0th of the fiscal year of the December payment.

42.2 Any employee who has been receiving collegebenefits compensation and is a member of this bargaining unit asof January 1, 1978, shall continue to receive such compensation.

42.3 Tuition reimbursement program per currentCounty policy is available and information can be obtained at theMidland County Personnel Office, or by contacting Associationofficers.

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ARTICLE XLIII

TRAVEL EXPENSES

43.1 Employees shall be reimbursed for travelexpenses in accordance with the County's travel expensereimbursement policies.

43.2 When two deputies are traveling together,every effort shall be made to share the same room. All travelmust have prior approval of the Sheriff. Lodging, car rental,parking and other expenses for which the employee seeksreimbursement must be documented by receipts.

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ARTICLE XLIV

MILITARY LEAVE

44.1 Employees required by law to enter the armedservices shall be granted an unpaid leave of absence for theperiod of compulsory service.

44.2 Employees returning from military leave ofabsence must indicate that they are ready, willing and able toreturn to County employment within 90 days after release fromactive service.

44.3 Employees on compulsory military leave shallreceive credit toward their seniority for all time spent in thearmed forces.

44.4 Employees on compulsory military leave shallbe given credit for this time in computing step increases andother pay raises and vacation benefits.

44.5 Employees on compulsory military leave shallaccumulate leave days during their absence; provided, suchaccumulation may not exceed 12 days per year or a total of 24days during their period of absence.

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ARTICLE XLV

MISCELLANEOUS LEAVE OF ABSENCE

45.1 The Employer agrees that the following leaveof absence may be granted for a good cause:

a. Temporary medical disability (includingpregnancy related disabilities).

b. Study or training as such as deemedvaluable in comparison with the service rendered to the Employer.

c. Conditions where the Sheriff agrees thatthe cause is a good one.

45.2 Procedure for obtaining a leave of absence:A letter will be made in writing by the employee in which he willfurnish the Sheriff with the date the leave is to begin, the datethe leave will end, and the reason for the leave. This documentwill be signed by the employee.

45.3 Beginning on the fourth day of the aboveleave, no further leave or longevity benefits will accrue. Theemployee shall maintain but not accrue seniority up to two years.If leave is for temporary disability, less than one year, theemployee may maintain membership and the group insurance plansproviding he pays his premiums. The employee shall be reinstatedto his former classification after the end of the leave; if theclassification has been discontinued, this employee will be thenfirst hired when an opening exists. A leave of absence shall notexceed a period of one year. The Board of Commissioners agreethat the position being vacated will be temporarily filled ifsuch leave exceeds 3 0 days.

61

ARTICLE XLVI

TRADING TIME

46.1 The existing practice of allowing employeesto trade days and shifts shall be continued.

46.2 Trading by mutual agreement shall not costthe County overtime.

46.3 Traded time must be paid back within thecalendar year in which the trade is made.

62

ARTICLE XLVII

PART-TIME - RESERVE DEPUTIES

Part-time and Reserve Deputies shall not perform theduties of a full-time Patrol Deputy, with the exception oftraffic control or security assignments associated with specialevents, marine, search or other assignments to which ReserveDeputies have historically been assigned.

It is further agreed that the Sheriff will not assignpart-time Patrol Deputies or part-time Court Security Deputies towork in the Midland County Courts, except where there is aminimum of two (2) other full-time Court Security Deputiesalready assigned to the Court. Part-time and Reserve Deputiesshall not be allowed to fill any overtime vacancy. Members ofthe bargaining unit will be offered all overtime according to theovertime procedure. The above article is subject to an exceptiononly when there is an emergency declared by the Sheriff.

63

ARTICLE XLVIII

SAVINGS CLAUSE

If any article or section of this Agreement or anysupplement thereto should be held invalid by operation of law orby any tribunal of competent jurisdiction, or if compliance withor enforcement of any article or section should be restrained bysuch tribunal, the remainder of this agreement and supplementsshall not be affected thereby and the parties shall enter intoimmediate collective bargaining.

64

ARTICLE XLIX

DURATION

49.1 This Agreement shall be in full force andeffect from January 1, 1995 to and including December 31, 1998,and shall continue in full force and effect from year to yearthereafter unless written notice of desire to cancel or terminatethe Agreement is served by either party upon the other at least60 days prior to the date of expiration.

49.2 It is further provided that where no suchcancellation or termination notice is served and the partiesdesire to continue said agreement but also desire to negotiatechanges or revisions in this agreement, either party may serveupon the other a notice at least 60 days prior to its execution,or December 31 of any subsequent contract year, advising thatsuch party desires to continue the agreement, but also desires torevise, change or modify the terms or conditions of suchagreement.

49.3 In the event of an inadvertent failure byeither part to give the notice set forth in 49.1 and 49.2 of thisarticle, such party may given such notice at any time prior tothe termination or automatic renewal date of this agreement.

65

10/10/96 SALARY SCHEDULE (Before 01/01/92)

POSITION

Patrol Officer:

Start3 Months1 Year2 Years3 Years

Detective: Patrol Officer + $675

Correctional Supervisor:

A9501-01-95

0.00%

25,28,33,36,38,

,809,678,436,205, 053

A9601-01-96

3.00%

26,29,34,37,39,

r583,538,439,291,195

A9701-01-97

3 .00%

27,30,35,38,40,

r381,424,472,410,370

A9801-01-98

2.

2731363941

00%

,928, 033,182,178,178

Start1 Year

36,53838,365

37,63439,516

38,76340,701

39,53841,515

DEPSAL.A

10/10/96 SALARY SCHEDULE (After 01/01/92)

POSITION

Patrol Officer:

Start1 Year2 Years3 Years4 Years5 Years

A95 A96 A97 A9801-01-95 01-01-96 01-01-97 01-01-98

0.00%

22,58426,20129,81933,43636,20538,053

Detective: Patrol Officer + $675

Security Officer:

Start1 Year2 Years3 Years4 Years5 Years

19,24020,55721,85224,16527,34030,833

3.00% 3.00%

23,26226,98730,71434,43937,29139,195

19,81721,17422,50824,89028,16031,758

23,95927,79731,63535,47238,41040,370

20,41221,80923,18325,63729,00532,711

2.00%

24,43928,35332,26836,18239,17841,178

20,82022,24523,64626,14929,58533,365

DEPSAL.AA

10/10/96

POSITION

SALARY SCHEDULE I (Before 1/1/90)

(Non-Act 345 Retirement)

A9501-01-95

0.00%

Correctional Officer:Start3 Months1 Year2 Years3.Years

Animal ControlStart3 Months1 Year2 Years3 Years

AdministrativeStart3 Months1 Year2 Years3 Years

AdministrativeStart3 Months1 Year2 Years3 Years

Secretary:Start3 Months1 Year2 Years3 Years

Records Clerk :Start3 Months1 Year2 Years3 Years

24,10626,78431,22833,81235,538

Officer:21,95124,40428,88629,36629,882

Secretary: (Act 34524,16726,85027,81828,78329,751

Secretary:23,70226,33527,28528,22929,179

19,71521,90423,52824,49325,501

16,18517,79020,46721,39722,359

A9601-01-96

3.00%

24,82927,58832,16534,82636,604

22,61025,13629,75330,24730,778

Eligible24,89227,65628,65329,64630,644

24,41327,12528,10429,07630,054

20,30622,56124,23425,22826,266

16,67118,32421,08122,03 923, 030

A9701-01-97

3 .00%

25,57428,41533,13035,87137,702

23,28825,89030,64531,15431,702

)25,63928,48529,51230,53631,563

25,14527,93928,94729,94830,956

20,91623,23824,96125,98527,054

17,17118,87321,71322,70023,721

A9801-01-98

2.00%

26,08628,98333,79236,58938,456

23,75426,40831,25831,77732,336

26,15229,05530,10231,14732,194

25,64828,49829,52630,54731,575

21,33423,70325,46026,50427,595

17,51419,25122,14823,15424,195

SALARY SCHEDULE I (Before 1/1/90)

(Non-Act 345 Retirement)

POSITION

Kennel MaintenanceStart3 Months1 Year2 Years3 Years

Cook:3 Years

A9501-01-95

16,83718,70322,14422,49922,894

21,774

A9601-01-96

A9701-01-97

17,34219,26422,80823,17423,581

22,427

17,86219,84223,49323,86924,288

23,100

A9801-01-98

18,22020,23923,96224,34724,774

23,562

DEPSAL.B

10/10/96

POSITION

SALARY SCHEDULE II (After 1/1/90)

(Non-Act 345 Retirement)

A95 A96 A9701-01-95 01-01-96 01-01-97

A9801-01-98

0.00% 3.00% 3 .00% 2.00%

Correctional OfficerStart 20,280 20,888 21,515 21,9451 Year 23,296 23,995 24,715 25,2092 Years 24,461 25,195 25,951 26,4703 Years 26,791 27,595 28,423 28,9914 Years 30,868 31,794 32,748 33,4035 Years 35,538 36,604 37,702 38,456

Animal Control Officer:Start 18,200 18,746 19,308 19,6951 Year 20,967 21,596 22,244 22,6892 Years 22,132 22,796 23,480 23,9493 Years 24,461 25,195 25,951 26,4704 Years 27,140 27,954 28,793 29,3695 Years 29,882 30,778 31,702 32,336

Administrative Secretary:Start 18,025 18,566 19,123 19,5051 Year 20,765 21,388 22,030 22,4702 Years 21,919 22,577 23,254 23,7193 Years 24,226 24,953 25,701 26,2154 Years 26,879 27,685 28,516 29,0865 Years 29,751 30,644 31,563 32,194

Secretary:Start 16,995 17,505 18,030 18,3911 Year 19,612 20,200 20,806 21,2222 Years 20,765 21,388 22,030 22,4703 Years 23,072 23,764 24,477 24,9674 Years 24,457 , 25,191 25,946 26,4655 Years 26,001 26,781 27,584 28,136

Records Clerk II:Start 14,935 15,383 15,845 16,1611 Year 17,304 17,823 18,358 18,7252 Years 18,458 19,012 19,582 19,9743 Years 20,765 21,388 22,030 22,4704 Years 21,457 22,101 22,764 23,2195 Years 22,359 23,030 23,721 24,195

SALARY SCHEDULE II (After 1/1/90)

(Non-Act 345 Retirement)

POSITION

Kennel MaintenanceStart1 Year2 Years3 Years4 Years5 Years

Cook:Start1 Year2 Years3 Years4 Years5 Years

A9501-01-95

13,90516,15117,30419,61221,22722,894

13,45315,36915,95917,73219,74221,774

A9601-01-96

A9701-01-97

14,32216,63617,82320,20021,86423,581

13,85715,83016,43818,26420,33422,427

14,75217,13518,35820,80622,52024,288

14,27216,30516,93118,81220,94423,100

A9801-01-98

15,04717,47718,72521,22222,97024,774

14,55816,63117,27019,18821,36323,562

DEPSAL.BB

* I

IN WITNESS WHEREOF, the COUNTY OF MIDLAND and theSHERIFF OF MIDLAND COUNTY and the ASSOCIATION, by their dulyauthorized representatives, have hereunto signed their names this

day of , 1996.

FOR THE COUNTY OF MIDLAND FOR THE POLICE OFFICERSASSOCIATION OF MICHIGAN

/Otis G.Wilson,ChairmanMidland County Boardof Commissioners

Rose Marie McQuaid, ChairmanHuman-Services Committee

'dland County Sheriff

"Glenn B. AlvordPresident

Richard jVice-President

Efouglas G. BeanTreasurer

Marc A. McGillAdministrator/Controller

Roland R. WeaverBargaining Committee

Brian J. HimickBusiness Agent

Richard J. ^Personnel Director

66