Contract

AGREEMENT MADE BY

AND BETWEEN

THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

AND

FRATERNAL ORDER OF POLICE

LODGE NO. 30

February 1, 2005 - January 31, 2008

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

TABLE OF CONTENTS

Page

PREAMBLE......................................................................................................................... 1

ARTICLE I – RECOGNITION ............................................................................................ 1

ARTICLE II – MANAGEMENT RIGHTS.......................................................................... 1

ARTICLE III – ORGANIZATIONAL SECURITY

3.1 Payroll Dues Deductions.......................................................................................... 1

3.2 Agency Shop ............................................................................................................ 2

3.3 Bulletin Board .......................................................................................................... 2

3.4 Communications....................................................................................................... 2

3.5 FOP Leave................................................................................................................ 2

3.6 Notices...................................................................................................................... 3

3.7 Pay Date Adjustments .............................................................................................. 3

ARTICLE IV - GRIEVANCE AND ARBITRATION PROCEDURE

4.1 Merit Rules and Practices......................................................................................... 4

4.2 Grievance and Arbitration Procedure....................................................................... 4

4.3 Application of the Contract ...................................................................................... 7

4.4 Alternative Dispute Resolution ................................................................................ 7

4.5 Contract Dispute Mediation ..................................................................................... 7

ARTICLE V - WAGES AND OVERTIME

5.1 Wages ....................................................................................................................... 8

5.2 Overtime Pay............................................................................................................ 9

5.3 Shift Differential ...................................................................................................... 9

5.4 Court Compensation................................................................................................. 10

5.5 Standby..................................................................................................................... 11

5.6 On Call ..................................................................................................................... 11

5.7 Recall to Duty........................................................................................................... 11

5.8 Holiday Pay .............................................................................................................. 11

5.9 Work on Actual Holiday .......................................................................................... 12

5.10 Acting Pay ................................................................................................................ 12

5.11 Field Training Officer Compensation ...................................................................... 12

5.12 Additional Service Increments ................................................................................. 12

5.13 Emergency Conditions Pay ...................................................................................... 13

5.14 Multilingual Pay....................................................................................................... 13

5.15 Canine Compensation .............................................................................................. 13

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

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5.16 Fitness Indicator Test ............................................................................................... 13

5.17 Officer Overpayment................................................................................................ 14

ARTICLE VI – LEAVE

6.1 Annual Leave ........................................................................................................... 14

6.2 Sick Leave ................................................................................................................ 15

6.3 Sick Leave Bank....................................................................................................... 15

6.4 Holiday Leave .......................................................................................................... 16

6.5 Maternity/Paternity Leave........................................................................................ 16

6.6 Family and Medical Leave....................................................................................... 17

ARTICLE VII – UNIFORMS AND CLOTHING ALLOWANCE

7.1 Uniforms................................................................................................................... 17

7.2 Clothing Allowance.................................................................................................. 17

ARTICLE VIII – RETIREMENT

8.1 Retirement ................................................................................................................ 18

ARTICLE IX – DISABILITY BENEFITS AND PROGRAMS

9.1 Long Term Disability ............................................................................................... 20

9.2 Tax/Benefits Payments............................................................................................. 20

9.3 Existing Disability Programs ................................................................................... 20

9.4 General Provisions ................................................................................................... 22

9.5 Workers’ Compensation Disability Leave ............................................................... 25

9.6 Light Duty ................................................................................................................ 27

ARTICLE X – OTHER INSURANCE

10.1 Accidental Death and Dismemberment Insurance ................................................. 27

10.2 Health Insurance...................................................................................................... 28

ARTICLE XI – MEDICAL STANDARDS

11.1 Medical Standards ................................................................................................... 28

ARTICLE XII – OTHER BENEFITS

12.1 Employee Assistance Program................................................................................ 29

12.2 Tuition Assistance Program .................................................................................... 29

12.3 Take-Home Vehicles............................................................................................... 29

12.4 Life Insurance.......................................................................................................... 30

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

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ARTICLE XII – PROMOTIONS

13.1 Promotions .............................................................................................................. 30

13.2 Study Committee..................................................................................................... 32

ARTICLE XIV – WORKING CONDITIONS

14.1 Work Schedules....................................................................................................... 32

14.2 Meal Period ............................................................................................................. 33

14.3 Training ................................................................................................................... 33

14.4 Secondary Employment .......................................................................................... 34

14.5 Law Enforcement Officers’ Bill of Rights.............................................................. 38

14.6 Global Positioning Systems (GPS) ......................................................................... 39

14.7 Job Specifications.................................................................................................... 39

14.8 Vacant Positions...................................................................................................... 39

14.9 Drug/Alcohol Testing.............................................................................................. 29

14.10 Civil Litigation ........................................................................................................ 42

14.11 Counseling Removals.............................................................................................. 42

14.12 Damage Reimbursement ......................................................................................... 43

14.13 Physical Agility Test ............................................................................................... 43

ARTICLE XV – GENERAL PROVISIONS

15.1 Nondiscrimination................................................................................................... 44

15.2 No Smoking Policy ................................................................................................. 44

15.3 No-Strike Clause ..................................................................................................... 45

15.4 Copies of Contract................................................................................................... 45

15.5 Savings Clause ........................................................................................................ 45

15.6 Duration................................................................................................................... 46

APPENDICES

ATTACHMENTS and SIDEBARS .................................................................................. 48

M-NCPPC FOP Park Police Pay Schedules ...................................................................... 66

INDEX ............................................................................................................................... 68

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

PREAMBLE

This Agreement is entered into by and between the Maryland-National Capital Park and Planning

Commission ("MNCPPC" or "Commission") and Lodge No. 30 of the Fraternal Order of Police

("FOP" or "FOP 30") pursuant to Maryland Annotated Code, Article 28, section 5-114.1 et seq.

The purposes of this Agreement are the promotion of harmonious relations between the

Commission and the FOP, the establishment of an equitable and peaceful procedure for the

resolution of differences, and the specification of the parties' agreement with respect to wages,

hours, and other terms and conditions of employment.

ARTICLE I
RECOGNITION

The MNCPPC recognizes FOP 30 as the exclusive bargaining representative of all park police

officers who have been initially certified by the State Training Commission, and who are employed

by the MNCPPC at the permanent rank of sergeant or below the rank of sergeant. Confidential

employees, as defined in Maryland Annotated Code, Article 28, Section 5-114.1(A)(8), are

excluded from the bargaining unit.

ARTICLE II
MANAGEMENT RIGHTS

The Commission has and retains the sole right and responsibility to administer the Commission and

to meet the obligations established by federal and state law, county charter, or county laws or

resolutions. Such right and responsibility is limited only to the extent specifically modified in this

Agreement.

ARTICLE III
ORGANIZATIONAL SECURITY

3.1 Payroll Dues Deductions

Upon receipt from the FOP of a written authorization from an individual officer covered by this

Agreement for deduction of dues, the FOP shall be entitled to have membership dues deducted on a

bi-weekly basis from the paychecks of all officers covered by this Agreement. The amounts to be

deducted shall be certified to the MNCPPC by the Treasurer of the FOP, and the aggregate

deductions from all officers shall be remitted monthly to the FOP along with an itemized statement.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

3.2 Agency Shop

All officers covered by this Agreement who elect not to be members of the FOP shall be required,

as a condition of continued employment, to pay a monthly service fee by payroll deductions in an

amount not greater than the monthly dues paid by members of the FOP. The service fees shall be

remitted monthly to the FOP by the MNCPPC.

FOP 30 agrees to hold harmless and indemnify the MNCPPC for any legal expenses and/or liability

arising out of the application of this section.

3.3 Bulletin Board

The MNCPPC shall provide the FOP with exclusive bulletin board space of no less than three feet

by three feet at all stations in roll call areas; provided, however, that the MNCPPC shall not be

required to replace or move any bulletin boards in use on February 1, 1987. The bulletin boards

shall be used for official FOP newsletters, notices, literature, or correspondence.

3.4 Communications

The MNCPPC shall provide the FOP with time, not to exceed one (1) hour, to brief candidates or

new hires prior to attendance at the Academy or within twenty-one (21) days after the employee's

first working day. If a candidate begins work within forty-eight (48) hours of the start of the

Academy, the FOP will, upon request, extend the twenty-one (21) day time limit to a date when the

Academy makes the candidate available for the briefing. The FOP shall be given no less than three

(3) days notice, not including the date of notice, prior to the briefing date.

3.5 FOP Leave

(A) An FOP leave bank shall be created for all FOP activities. The bank shall provide

time for the FOP President or, in the President's absence, an FOP designee to perform the duties of

the office. The bank shall also include time for FOP members to attend conferences, conventions,

state meetings, schools, and training seminars of the FOP. Furthermore, officers requested to attend

a Law Enforcement Officers’ Bill of Rights’ (LEOBR) hearing as a fact witness by the officer or the

officer’s representative shall be entitled to request leave from the FOP leave bank.

(B) All officers covered by this contract shall be required to contribute ten (10) hours of

annual leave (unless the officer requests that the leave be taken from personal or compensatory

leave) to the leave bank for each 12-month period covered by this Agreement. The MNCPPC shall

not deduct annual leave from officers who have not accrued ten (10) hours of annual leave, but shall

deduct the leave from the individual officer's personal or compensatory leave. In addition, the

MNCPPC shall contribute one thousand (1,000) hours to the leave bank on February 1 of each

contract year. Any unused hours in the FOP leave bank on January 31 of each contract year, up to a

maximum of one hundred (100), may be carried over from year to year.

least fourteen (14) days in advance of the conference, convention, state meeting, school, or training

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

seminar. The request shall list those officers who will be attending, the dates of attendance, and

how many hours of FOP leave will be used for the particular event. The Division Chief shall

respond to the request at least seven (7) days in advance of the event, and approval shall not be

unreasonably withheld.

(D) The FOP President, or in the President's absence an FOP designee, shall utilize the

hours in the FOP Leave Bank to perform the duties of that office. Any other type of leave taken by

the FOP President or designee will not be deducted from the FOP Leave Bank, but will be in the

appropriate leave category (e.g., sick, annual, disability, compensatory, personal). The FOP

President, or in the President's absence an FOP designee, upon twenty-four (24) hours notice

(excluding emergencies) may draw upon the hours in the leave bank to perform the duties of that

office.

(E) An officer covered by this Agreement may be designated by the FOP to use the FOP

President's leave only when the FOP President is unable to carry out the duties of that office. The

designee shall serve only until the FOP President is able to resume her/his duties or until the

election of a new FOP President.

(F) The FOP President shall be required to meet the minimum police certification

standards as set by the Maryland Police Training Commission. The scheduling of any additional

training shall be by mutual consent between the FOP President and the Division.

(G) Any officer on FOP leave status shall continue to receive all the benefits of

employment with the Commission.

(H) During the time that he or she is performing the duties of that office, the FOP

President shall forward a copy of his or her completed time card at the end of each pay period to the

appropriate Division Chief.

(I) During the time that an officer performs the duties of that position, the FOP

President will not receive a performance appraisal. All decisions related to the officer's receipt of

salary adjustments, consideration for promotions, or other occasions when performance appraisals

are considered will be based upon the content of the performance appraisal for the period

immediately preceding his or her assuming the duties of FOP President.

3.6 Notices

The FOP shall be provided with any changes made to the MNCPPC Park Police Operations

Manual, including but not limited to changes in Bi-County and Divisional Directives and Divisional

Memoranda, as soon as such changes are distributed to members of the bargaining unit.

3.7 Pay Date Adjustment

To guarantee the timely transmissions of Commission payroll and accurate recordation of time and

attendance, the FOP agrees to meet and cooperate with the Commission in effecting any changes to

the pay date process.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

ARTICLE IV
GRIEVANCE AND ARBITRATION PROCEDURE

4.1 Merit Rules and Practices

The officers covered by this Agreement shall be covered by the Commission's Merit System Rules

and Regulations that were in effect on February 1, 1999, except to the extent that certain provisions

have been excluded, as reflected in Attachment B. Where a particular Rule or Regulation that was

in effect on February 1, 1999 has been excluded, the officers shall be covered by the applicable

Rule or Regulation that was in effect on February 1, 1987. In either context, such Rules and

Regulations shall be considered a part of this Agreement and shall remain in effect, as written, for

the life of this Agreement. The officers covered by this Agreement remain covered by the

Commission Practices that were in effect on February 1,1987. Those Practices shall also be

considered a part of this Agreement. If any portion of the Rules, Regulations, or Practices is

inconsistent with specific language in this Agreement, the language of the Agreement shall prevail.

All past written grievance decisions by the Executive Director, Merit System Board, or the courts

under the Merit System Rules and Regulations or Commission Practices shall remain in full force

and effect, unless inconsistent with this Agreement. The MNCPPC shall provide the FOP with a

written summary of the written grievance decisions issued by the Executive Director or the Merit

System Board since 1977.

4.2 Grievance and Arbitration Procedure

(A) Definition. A grievance is defined as a dispute concerning: 1) the application or

interpretation of the terms of this Agreement; 2) an alleged violation, misinterpretation, or misapplication

of those rules and regulations of the park police that affect terms and conditions of

employment; or 3) an alleged violation, misinterpretation, or misapplication of those Rules,

Regulations, or Practices of the MNCPPC that are in effect on the effective date of this Agreement.

(B) Exclusive Procedure. The provisions of this grievance procedure shall be the only

grievance procedure applicable to the officers covered by this Agreement. The officers covered

by this Agreement shall no longer have access to the Merit System Board. Any officer or group

of officers covered by this Agreement may present grievances and have those grievances adjusted

without the intervention of the FOP; provided, however, that such grievances may only be

appealed through step 3 and any adjustment may not conflict with the terms of this Agreement.

Nothing in this procedure shall be interpreted to preclude or discourage officers from discussing

any problem with their immediate supervisor.

manner:

Step 1: Within fourteen (14) days after the event giving rise to the grievance or

within fourteen (14) days following the time when the officer should reasonably have known of its

occurrence, the officer aggrieved and, if the officer desires, an FOP representative shall submit a

written grievance, signed by the aggrieved officer and/or the FOP President or designee, to the

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

officer's immediate supervisor above the rank of sergeant. This supervisor shall attempt to adjust

the matter and shall respond in writing to the officer within seven (7) days. An adjustment of a

grievance at this step shall not be considered as binding on the parties in any future grievance.

Step 2: If the grievance has not been settled at Step 1, the written grievance may be

presented to the Division Chief in the chain of command within fourteen (14) days after receipt of

the answer in Step 1 or within fourteen (14) days of when the answer was due. The Division Chief

receiving the grievance shall meet with the officer and, if the officer desires, an FOP representative

and render a decision in writing not later than fourteen (14) days after receipt of the grievance.

Step 3: If the grievance has not been settled at Step 2, the FOP may file a written

appeal with the officer’s Chief of Police within seven (7) days after the receipt of the answer at Step

2 or within seven (7) days of when the answer was due. All Step 3 appeals shall be heard by a

committee consisting of the two Chiefs of Police and the Executive Director of the MNCPPC. If

any appeals are pending, this Committee shall meet no less than one (1) day each month to hear

such appeals. The officer aggrieved and, if the officer desires, an FOP representative shall meet

with this Committee and present the grievance. This Committee shall, within seven (7) days after

the meeting, issue a written decision on the grievance.

Step 4: If the grievance is not settled at Step 3, the FOP may request arbitration,

giving written notice to the appropriate Chief of Police within fourteen (14) days after receipt of the

answer at Step 3 or within fourteen (14) days of when the answer was due. The arbitration

proceedings shall be conducted by an arbitrator to be selected by the MNCPPC and the FOP. The

party who requests arbitration shall request a list of five (5) arbitrators from the Federal Mediation

and Conciliation Service (FMCS). The parties shall alternately strike the proposed arbitrators from

the FMCS list until one remains.

(D) Arbitration Procedure The arbitrator shall hold a hearing on the grievance. Unless

the arbitrator believes and determines that the filing of briefs is necessary to a fair and timely

consideration of the grievance, neither party shall have the right to file a brief. Either party may

request the arbitrator to determine whether the above standard has been met and to authorize the

filing of briefs. The arbitrator must submit a written opinion regarding the grievance within thirty

(30) days after the hearing. Each party shall pay its own costs related to the arbitration, but the

losing party shall pay the arbitrator's fee unless the arbitrator directs otherwise in the written

opinion.

(E) Powers of Arbitrator The arbitrator shall have no authority to amend, add to, or

subtract from the provisions of this Agreement. The arbitrator shall make such award as he or she

determines is proper under this Agreement. The arbitrator's decision shall be final and binding on

all parties.

(F) General Provisions

1. The FOP President and her/his designee shall be given copies of all answers

to grievances hereunder.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

2. If a grievance arises from the action of an authority higher than the officer's

immediate supervisor above the rank of sergeant, such grievance may be initiated at the appropriate

step of this grievance procedure. The FOP shall have the right to file grievances in its name at the

appropriate step in this procedure when the FOP determines the grievable issue affects more than

one officer.

3. All parties shall have the right at their own expense to legal and/or

stenographic assistance at all hearings.

4. The fact that a grievance is raised by an officer shall not be recorded in the

officer's personnel file or in any file or record utilized in the promotion process; nor shall such fact

be used in any recommendations for job placement; nor shall an officer be placed in jeopardy or be

subject to reprisal or discrimination for having followed this grievance procedure.

5. The Chiefs Committee may hear a grievance even though one of its members

is absent; provided, however, that the grievant may choose to postpone the case rather than have it

heard by the two members present and, if the grievant decides to go forward with the hearing, the

absent member of the Chiefs Committee shall be consulted prior to the Committee reaching a

decision on the grievance. The Chiefs Committee shall provide notice to the FOP and the grievant

of which one of its members will be absent as soon as the Committee becomes aware of that fact.

6. The Chiefs Committee shall provide the FOP and the grievant(s) with at least

seven (7) calendar days notice of hearing dates. Any grievance received by either Chief within that

seven (7) day period shall be heard at the following month's hearing.

7. The grievance procedure set forth in this Agreement shall have jurisdiction

over disputes relating to the promotion from sergeant to lieutenant. All such grievances must be

filed in accordance with this Agreement.

(G) Time Limits Time limits for the processing of grievances are intended to expedite

grievance handling and may be extended upon mutual agreement, but if not so extended, they must

be strictly observed. If the matter in dispute is not resolved within the time period provided for in

any step, the next step may then be invoked, provided that if an officer or the FOP fails to pursue

any step within the time limits provided, there shall be no further right to continue the grievance.

(H) Days Defined The term "days" as used in this grievance procedure shall mean

calendar days, except that deadlines that fall on Saturdays, Sundays or holidays shall be extended to

the next business day.

(I) Rights of the Parties

1. The FOP President or her/his designee shall be granted reasonable administrative

leave to attend grievance meetings and/or hearings held pursuant to this Article during

working hours; provided, however, there is no disruption of the M-NCPPC operation. This

does not authorize administrative leave or pay for any off-duty hours.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

2. Any action by the MNCPPC that falls within the scope of the Law

Enforcement Officers' Bill of Rights shall not be the subject of a grievance until a final

determination under the Bill of Rights.

4.3 Application of the Contract

Any modification to the terms of this Agreement must be in writing and consented to by both

parties. No individual agreements may vary the terms of this contract.

4.4 Alternative Dispute Resolution

The Commission’s existing Alternative Dispute Resolution process is hereby incorporated into the

Agreement with the following clarifications:

(A) Alternative Dispute Resolution cannot be utilized to address an issue that can

also constitute a grievance under Article IV until after the completion of Step One of the

grievance procedure;

(B) Alternative Dispute Resolution can only be utilized when both sides agree to

use of the process. If the grievance was filed by the FOP, then it has the right to agree to

participate in Alternative Dispute Resolution. If an individual officer filed the grievance,

then the officer has the right to agree to participate in Alternative Dispute Resolution;

grievance process. When, pursuant to Section 4.2(F)(2) there is no Step One grievance, then

Alternative Dispute Resolution is only available before the completion of Step Three of the

grievance process; and

(D) If Alternative Dispute efforts are not successful, then the parties immediately

return to the grievance procedure time frames set forth in Section 4.2 of the Agreement.

4.5 Contract Dispute Mediation

(A) If the parties have a disagreement involving an alleged violation, misinterpretation,

or misapplication of the Collective Bargaining Agreement or the Commission Rules and

Regulations, then they shall have the ability, by mutual agreement, to submit the dispute to

mediation rather than to Step 3 of the grievance procedure. FOP shall file a timely grievance to

preserve the issue and shall complete steps one and two of the grievance procedure before

conducting mediation. The parties shall select the next available person from the previously agreedupon

list of mediators. All costs related to mediation shall be shared evenly by the Commission and

FOP.

(B) Within thirty (30) business days of selecting the mediator, the parties shall meet with

the mediator to try and resolve the dispute. If mediation is not successful, then the parties may

request arbitration in accordance with 4.2(C) within thirty (30) days from the mediation.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

both parties. The list shall remain in effect for one (1) contract year. At the end of the contract

year, each party shall have the option of striking up to two (2) individuals from the list. The parties

shall agree upon replacements to be added to the list if any strikes occur. The order of the list shall

be randomly selected, and mediators shall be chosen from the list sequentially. If the mediator is

not available to hear the matter within the thirty (30) business day period, then the parties shall

move to the next person on the list.

ARTICLE V
WAGES AND OVERTIME

5.1 Wages

(A) Effective the first full pay period after May 1, 2005, the MNCPPC will implement

the attached wage scale, which reflects 5% promotional increments, 3.5% step increases from step

B through step O, and a 5% step increase from step A to step B for PO-2 through PO-4. For PO-5,

the pay scale shall add a new Step P which is 2.5% above Step O. Additional service increment,

ASI-1, for P-5 reflects an adjustment of 2.5% above Step P and additional service increment, ASI-2,

reflects an adjustment of 2.5% above ASI-1.

(B) After the wage scale is implemented, officers shall move up at the rate of one step

per year on their anniversary dates provided they have received a "good" or better performance

evaluation rating. No officer shall receive more than one step increase on each anniversary date

regardless of the officer's length of service. The increases set forth in Section 5.12 shall be

considered step increases. If one or both of the 2.5% step increases set forth in Section 5.12 has

been postponed due to the "no more than one step increase on each anniversary date" rule, the

officer shall receive the step increase(s) (no more than one per year) on the next anniversary date(s)

on which he/she qualifies for the step increase(s).

Agreement holding the ranks of PO-2 through PO-4 shall receive an across-the-board wage increase

of two and one-half percent (2.5%). Effective the first full pay period after July 1, 2005, all officers

covered by this Agreement shall receive an across-the-board increase of two and one-half percent

(2.5%). Effective the first full pay period after July 1, 2006, all officers covered by this Agreement

shall receive an across-the-board increase of three and one-half percent (3.5%). Effective the first

full pay period after July 1, 2007, all officers covered by this Agreement shall receive an across-theboard

increase of three and one-half percent (3.5%).

(1) The Commission agrees that it shall pay an additional 1.0% COLA effective

the pay period on or about April 1, 2006 and the first pay periods following July 1, 2006 and July 1,

2007. In return, FOP members participating in the Long Term Disability (LTD) program agree to

pay 100% of the premium cost for LTD benefits. The payment of this 100% shall take place on or

about April 1, 2006. The Commission and the FOP recognize and agree that future premium costs

for LTD benefits shall continue to be determined by the carrier(s).

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

(2) Officers participating in the Comprehensive Disability Benefit Program

(CDBP) shall not participate in this tax-free program. However, those officers shall receive the

1.0% of COLA and, in return, their cost of the CDBP premium shall increase from 20% to 80%.

Officers will be eligible for tax benefits, as allowed by the Internal Revenue Code. The payment of

this 80% shall take effect on or about April 1, 2006.

(3) Nothing about the change in the payment of the premiums shall otherwise

change any aspect of the operation or administration of the Commission’s LTD programs.

(4) Both the change to the tax-free approach and the three one-percent COLAs

are contingent upon successfully coordinating the change in the LTD program with the

Commission’s insurance carriers. (See Article IX, Section 9.2, Long Term Disability Benefits)

(D) Effective the first full pay period after May 1, 2005 all officers holding the rank of

Sergeant shall receive a wage increase of five percent (5.0 %). All officers promoted to the rank of

Sergeant after January 1, 2006 shall receive a wage increase of ten percent (10.0%).

5.2 Overtime Pay

(A) All hours worked in excess of forty (40) per week shall be compensated at the rate of

one and one-half times the officer's regular rate of pay.

(B) Each time an officer covered by this Agreement submits an overtime slip, the officer

may elect to receive compensatory leave at one and one-half times the overtime hours worked rather

than overtime pay.

compensatory leave. Any officer who has accrued two hundred and forty (240) hours of

compensatory leave shall receive overtime pay for any additional overtime hours worked.

(D) Officers may not carry over from one fiscal year to the next any compensatory leave

in excess of one hundred and sixty (160) hours. Any compensatory leave in excess of the one

hundred and sixty (160) hour limit must be used in the fiscal year in which it is earned or the officer

will receive overtime pay for the hours involved.

5.3 Shift Differential

(A) During the period from execution of this Agreement until the last full pay period in

January, 2004, a shift differential of One Dollar and Thirty Cents ($1.30) per hour shall be paid for

all time worked on the evening shift to each officer covered by this Agreement who is assigned to

work an evening shift. An evening shift shall be any shift that starts between 2:00 p.m. and 7:59

p.m. Effective the first full pay period after February 1, 2004, the evening shift differential shall

increase to One Dollar and Thirty-Five Cents ($1.35) per hour.

(B) During the period from the execution of this Agreement until the last full pay period

in January, 2004, a shift differential of Two Dollars ($2.00) per hour shall be paid for all time

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

worked on the midnight shift to each officer covered by this Agreement who is assigned to work on

a midnight shift. A midnight shift shall be any shift that starts between 8:00 p.m. and 4:59 a.m.

Effective the first full pay period after February 1, 2004, the midnight shift differential shall

increase to Two Dollars and Fifteen Cents ($2.15) per hour.

when it ends or when the officer goes off duty.

(D) Shift differentials shall not be considered to be part of an officer's base rate for the

purpose of calculating holiday pay, or for nonproductive hours, such as holiday leave, annual leave,

and sick leave, nor shall the differential be used for computing retirement deductions or retirement

and insurance benefits.

5.4 Court Compensation

(A) All officers covered by this Agreement will receive a minimum of three (3) hours

pay at one and one-half times their regular rate of pay whenever they are required to attend court or

judicial proceedings while off-duty.

(B) If an off-duty officer is required to attend court dockets only in the morning or only

in the afternoon on a single day, the officer will receive only one minimum guarantee of three (3)

hours pay at one and one-half times the officer's regular rate of pay regardless of the number of

cases involved in the dockets.

on the same day, the officer will receive a minimum of six (6) hours pay at one and one-half times

the officer's regular rate of pay regardless of the number of cases involved in the dockets. The

officer may be required to perform other police duties, as assigned, during the time between the

morning and the afternoon dockets. If such work is performed, the officer will be paid only the six

(6) hour minimum set forth above unless he/she actually works longer than six (6) hours. Officers

who actually worked the midnight shift preceding the day of the court proceeding will not be

required to work between the morning and afternoon dockets.

(D) No off-duty officer will receive a minimum guarantee of more than six (6) hours pay

at time and one-half for attendance at multiple court proceedings during any twenty-four (24) hour

period running from midnight to 11:59 p.m., regardless of how many dockets or cases he attends.

This paragraph does not preclude payment of more than six (6) hours if the officer actually works

the additional time.

(E) Officers who are required to attend court or judicial proceedings while off-duty will

be paid at one and one-half times their regular hourly rate of pay for all hours worked in excess of

the above minimum guarantees.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

(F) If an officer is required to attend court within three (3) hours prior to his regularly

scheduled shift, the officer will receive overtime pay for those hours prior to his regularly scheduled

shift. For example, if an officer is scheduled to begin his shift at 3:00 p.m. and he attends court at

1:00 p.m., the officer shall receive two (2) hours of overtime pay.

(G) The compensation provisions of this section are not applicable to Law Enforcement

Officers’ Bill of Rights hearings unless an officer is ordered to attend by management or

management's attorney.

5.5 Standby

(A) An officer who is required to attend court or a judicial proceeding while off-duty and

who would otherwise be eligible for court compensation under Section 5.4 may elect to remain on

telephone or pager standby without compensation so long as the officer makes the necessary

arrangements with the State’s Attorney’s Office.

(B) No officer shall be disciplined or subject to any punitive action for failing to standby

during off-duty hours unless the officer is being compensated for those hours.

5.6 On Call

An officer within the Tactical, Motor, Horse Mounted, or Investigative Units who is assigned to oncall

duty shall receive seven and one-half (7.5%) of the employee’s regular straight rate of pay for

each hour of on-call duty. Officers assigned to on-call duty shall not be permitted to transfer the oncall

duty to another officer without receiving the express prior permission of the Unit Commander.

The Unit Commander shall designate the time frame when the substitute officer shall receive the

on-call pay. This provision is effective January 1, 2006.

5.7 Recall to Duty

Any officer who is recalled to duty during off-duty hours shall be paid time and one-half from

portal-to-portal, provided that the officer shall be paid for a minimum of three (3) hours at time and

one-half of his or her regular rate of pay.

5.8 Holiday Pay

All hours worked on a Commission-authorized holiday will be compensated at two and one-half

times the officer's regular rate of pay. An officer covered by this Agreement who is off-duty on a

holiday because it is the officer's regular day off will receive compensatory leave of eight (8) or ten

(10) hours depending on the officer's regular work schedule.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

5.9 Work on Actual Holiday

Whenever New Year's Day, July 4th, or Christmas Day falls on a weekend and is celebrated by the

Commission on the preceding Friday or the following Monday, officers covered by this Agreement

who work either on the actual holiday or on the day it is celebrated shall be treated as working on a

holiday for purposes of receiving holiday pay. Officers who work both the actual holiday and the

day it is celebrated shall be entitled to holiday pay only as to the first such day worked.

5.10 Acting Pay

Officers covered by this Agreement who are designated by a superior officer to serve a temporary

assignment in a vacant position at a higher grade (e.g., acting sergeant, acting lieutenant, etc.) will,

after fourteen (14) consecutive calendar days in such position, receive a five (5) percent increase in

base pay, but no less than the minimum pay of the higher graded position. This increase in pay

shall be retroactive to the first day served in the acting position.

Officers shall continue at the increased pay until removed from the assignment. When the

assignment is complete, the officer shall return to her/his former rank or position at the salary level

that would have been received if the officer had served in that previous rank for the period of the

temporary assignment.

5.11 Field Training Officer Compensation

Effective February 1, 1999, Field Training Officers ("FTO") shall receive Twelve Dollars ($12.00)

per working day (Fifteen Dollars ($15.00) for Officers on a ten-hour schedule). Field Training

Officer compensation will be paid in a lump sum in the pay period following completion of the

recruit's training by the individual FTO.

Field Training Officer compensation will be paid to officers providing training to an officer

transferring into either the Mounted or Motorcycle Sections.

5.12 Additional Service Increments

After an officer reaches step O for Grades P2-P4 or step P for Grade P5 on the applicable wage

scale, there shall be two (2) additional step increases in base salary of 2.5% each on the first

anniversary date on which the officer has completed sixteen (16) and nineteen (19) years

respectively. The payment of these step increases shall be subject to the limitation set forth in

Section 5.1(B). These step increases shall be payable only if the officer received a “Good” or better

on his/her most recent annual performance evaluation. These additional service increments shall be

included in all wage and benefits that are dependent upon base salary including, but not limited to,

“base pay” for purposes of retirement and “basic earnings” for purposes for disability benefits.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

5.13 Emergency Conditions Pay

Officers covered by this Agreement who work during an emergency when other Commission

employees are granted administrative leave shall be compensated at the rate of two times the

officer's regular rate of pay only for those hours covered by the period of the emergency.

5.14 Multilingual Pay

No later than February 1, 2003, the Commission will establish testing procedures to measure an

officer’s conversational proficiency in selected languages other than English. Management shall

select the languages for which interpretive service certification can be obtained. Effective February

12, 2006, any officer who passes such test will be certified as an interpreter in the language tested,

will be assigned to interpret that language as part of his/her job duties, and will receive a lump sum

payment of eight hundred dollars ($800.00). The initial payment of the lump sum will commence

within thirty (30) days of the officer’s certification. Thereafter, the annual payments will occur

within thirty (30) days of the anniversary of the officer’s certification. Failure to pass a qualifying

language examination will not be subject to the grievance and arbitration process herein.

Management shall determine the number of officers to be certified in each Division. There shall be

a minimum total of five (5) language certified officers in each Division. Any certified officer who

transfers into the other Division shall not continue to receive the lump sum payment if the Division

has a full complement of certified officers.

5.15 Canine Compensation

Effective February 1, 2006, officers responsible for the care and feeding of police dogs may elect to

receive either $19.04 in overtime or 3.5 hours of compensatory leave for care and feeding of the

police dog. If the officer elects to receive compensatory leave, per workweek, rather than overtime

pay, that compensatory leave will be recorded separately from any compensatory leave that the

officer earns from his/her regular police duties. The “canine compensatory leave” will be treated

the same as all other compensatory leave except that if a canine officer ever exercises the right to

receive cash for that leave (as opposed to taking the time off) he or she will receive payment for the

leave at the rate of $5.44 per hour. Canine officers shall not receive overtime pay or compensatory

leave for any days or weeks when he or she is not responsible for care and feeding of a police dog.

5.16 Fitness Indicator Test (FIT) Program

(A) The FIT Program is a completely voluntary physical fitness testing program for

incentive pay. There are no consequences for attempting the test and not attaining a level of

performance entitled to compensation.

(B) The test is made up of four components (run, sit-ups, push-ups and flexibility) and is

based on the standards of the Prince George’s County Police Department, in effect as of February

12, 2006. The standards are listed in Appendix C. Any changes to the composition of the test will

be by mutual agreement between the Commission and the FOP and in writing. The test will be

offered at least once a month.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

the following month; however, once a qualifying score is reached, that score will be valid for the

following 12 months. An officer cannot improve a qualifying score by retaking the test until the 12-

month validity period for the current score has elapsed.

(D) The Commission shall compensate officers who pass the test on the following

average scores:

Average score of 3 or better -- $100.00

Average score of 4 of better -- $200.00

Average score of 5 or better -- $400.00

5.17 Officer Overpayments

(A) Whenever it is determined by the Commission that an officer has received an

overpayment in compensation, notice shall be given to the officer of the facts and circumstances of

the overpayment. The officer shall have ten (10) workdays to respond to the notice of overpayment.

The Commission shall evaluate any response received and take any action deemed appropriate. In

the event that the Commission determines that an overpayment has been made, final notice of the

discontinuance of the overpayment and a schedule for repayment shall be provided to the officer in

writing.

(B) An officer will not be required to repay the portion of overpayments which has

extended beyond an eighteen (18) month period. This provision is effective February 12, 2006.

overpayment (e.g., the overpayment continued each pay period for a period of six months, the

officer would have six months to repay the overpayment).

ARTICLE VI
LEAVE

6.1 Annual Leave

(A) The rate of accrual of annual leave is based on the number of years of service with

the Commission. The annual rates are as follows:

0 to 3 years of service - 120 hours per year

More than 3 but less than

15 years of service - 160 hours per year

More than 15 years of service - 208 hours per year

(B) The maximum allowable accumulation of annual leave is 440 hours. Unused annual

leave in excess of the maximum allowable accumulation shall be transferred to sick leave.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

6.2 Sick Leave

Officers covered by this Agreement shall accrue 120 hours of sick leave each calendar year, and

there shall be no limit on the carryover of sick leave from year-to-year.

Officers covered by this agreement shall receive the following payments for their sick leave in the

event of death: (a) for service-connected deaths, one hundred percent (100%) payment for all

unused hours of sick leave; (b) for non-service connected deaths, fifty percent (50%) payment for

all unused hours of sick leave.

(A) Sick Leave Restriction – Whenever an officer is abusing sick leave or engaged in a

pattern of sick leave indicating abuse, the Commission may impose a sick leave restriction on the

employee; provided that the matter is first reviewed with the Division Chief. Whenever an officer

is placed on a sick leave restriction, notice shall be given in writing to the officer. The notice

shall advise the officer of the fact that he or she is being placed on sick leave restriction, the

reasons for being placed in that status, and the anticipated period that the restriction shall last.

Officers shall be given the opportunity to object to the notice through the grievance procedure;

however, the filing of a grievance shall not preclude the commencement of the sick leave

restriction.

A sick leave restriction shall be no longer than 12 months and shall begin on the date the

restriction is imposed. An officer can be placed on another sick leave restriction if there is a

subsequent abuse of sick leave or if another pattern of sick leave use develops.

Officers placed on a sick leave restriction will be required to provide a medical certification

from their physician for any absence from work. For medical conditions involving the employee,

the medical certification shall include the medical facts that support the certification and justify the

absence, the length of time during which the officer will require sick leave and any limitations on

the officer’s ability to perform his/her duties. For medical conditions involving members of the

employee’s family, the medical certification shall include information that the member of the family

is currently under medical care, that the officer’s assistance is needed to care for the family

member, the physician’s estimate about the anticipated length of the illness of the family member.

However, it is understood that when Family and Medical Act (FMLA) leave is applicable, the

medical certification of said Act shall apply. Barring exigent circumstances, the medical

certification shall be provided to the Park Police Division Chief within two business days of the

start of the absence. Failure to provide timely notice shall be subject to progressive discipline up to

and including termination.

6.3 Sick Leave Bank

(A) A sick leave bank shall be created for officers covered by this Agreement in need of

sick leave and who have already depleted their own accrued sick leave. Coordination of the sick

leave bank shall be the responsibility of the FOP. The FOP shall solicit donations from officers

covered by this Agreement on behalf of the officer in need. Officers will be allowed to donate sick

leave, annual leave, and personal leave to the officer to be used as sick leave. Individual officers

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

who volunteer to make a donation will be required to donate a minimum of four (4) hours. When a

block of forty (40) hours has been accumulated, the FOP shall notify the MNCPPC and the hours

will then be transferred to the officer in question.

(B) Officers covered by this Agreement are not eligible for the 10-day sick leave

advance previously permitted under the MNCPPC's Merit Rules.

may donate up to forty (40) hours of accrued sick leave to the FOP sick leave bank. Such donations

must be in writing and shall be solicited by the FOP, not the Commission. The FOP shall provide

the Commission with a copy of the written donation no later than thirty (30) days after the officer

leaves the Commission.

(D) In the event an officer covered by this Agreement is re-credited with sick leave after

a work-related injury or illness, any leave donated to that officer by other officers would be credited

to the sick leave bank.

(E) Officers covered by this Agreement shall not be eligible for the Commission's sick

leave bank.

6.4 Holiday Leave

(A) The Commission shall authorize Law Enforcement Officers' Memorial Day (May

15) as a holiday for officers covered by this Agreement. Such officers shall receive all other

Commission authorized holidays. If, in the future, the Commission does not authorize Employees

Appreciation Day or any other existing holiday in any year, but gives Commission employees an

additional personal leave day in place of that holiday, the officers covered by this Agreement shall

receive the additional personal day.

(B) Any officer covered by this Agreement who is regularly scheduled to work on a

holiday may, with authorization, choose to take holiday leave without charge to any accrued leave.

Such officers shall receive either eight (8) or ten (10) hours of paid leave depending on their regular

work schedule.

calendar year.

6.5 Maternity/Paternity Leave

(A) Officers covered by this Agreement shall be eligible for up to eleven (11) months of

unpaid maternity/paternity leave. Such officers shall only be required to use their accrued sick,

annual, compensatory, or personal leave (if any) for the first month of the maternity/paternity leave.

The remainder of the leave shall be without pay. This provision shall also apply to adoptions.

(B) This provision shall not prohibit officers from using their accrued sick, annual,

compensatory, or personal leave for longer than the first month if they choose to do so.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

maternity/paternity leave in any thirty-six (36) month period. This shall not prohibit an officer from

applying for a leave without pay under the other circumstances set forth in Section 1371 of the

Merit Rules.

(D) In all other respects, maternity/paternity leave shall be governed by Sections 1370-75

of the Merit Rules.

6.6 Family and Medical Leave

The provisions of the Memorandum of Understanding and its Attachment that currently

govern implementation of the Family and Medical Leave Act shall be incorporated into the

Agreement, and are included as an attachment.

ARTICLE VII
UNIFORMS AND CLOTHING ALLOWANCE

7.1 Uniforms

(A) The Park Police Divisions shall continue their practice of issuing uniform and

equipment items to all new officers at no cost. The items issued shall continue as in the past except

as follows: 1) Both Divisions shall issue a reversible raincoat with a dark color on one side and a

reflective color on the other side; and 2) Both Divisions shall issue three (3) soft body armor

carriers. In addition to including the above items in the original uniform issue to all new officers,

the MNCPPC shall issue the reversible raincoat and two (2) additional soft body armor carriers to

all existing officers covered by this Agreement no later than December 31, 1988.

(B) Both Divisions will authorize officers to wear a dickie, a pile cap, a sweater, a black

turtleneck, and a lightweight jacket. Officers must purchase these items at their own expense.

requests a shotgun and who is qualified to operate the weapon.

(D) Officers may wear the FOP pin on the official park police uniform.

(E) Any uniform or equipment item issued by the Divisions that is damaged in the line of

duty shall be replaced at the Divisions' expense.

7.2 Clothing Allowance

(A) During the period from February 1, 2002 until the first full pay period after February

1, 2003, all officers assigned to special operations (motorcycle or horse mounted) and all detectives

or investigators, community relations officers, public relations officers, and other officers who, for

sixty (60) days or more in any calendar year, serve in an assignment in which they are normally

expected to wear civilian dress clothing shall receive a clothing allowance of One Thousand Forty

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

Dollars ($1,040.00) per year. Effective the first full pay period after February 1, 2003, this

allowance shall increase to One Thousand Eighty Dollars ($1,080.00). Effective the first full pay

period after February 1, 2004, this allowance shall increase to One Thousand One Hundred Twenty

Dollars ($1,120.00).

(B) During the period from February 1, 2002 until the first full pay period after February

1, 2003, all officers other than those listed in paragraph (A) above, shall receive an annual clothing

allowance of Nine Hundred Ninety Dollars ($990.00). Effective the first full pay period after

February 1, 2003, this allowance shall increase to One Thousand Thirty Dollars ($1,030.00).

Effective the first full pay period after February 1, 2004, this allowance shall increase to One

Thousand Seventy Dollars ($1,070.00).

ARTICLE VIII
RETIREMENT

8.1 Retirement

(A) Effective July 1, 1990, the Commission shall implement a new Retirement Plan

(Plan D) which shall provide for normal retirement upon completion of 22 years of "Credited

Service" with the benefit calculated at 50% (2.27% per year) of the officer's "Average Annual

Earnings." Officers will receive an additional 2% for each year of Credited Service after 22 years

up to a maximum of 70%.

(B) All officers joining the Park Police after July 1, 1993 will be in retirement Plan C

which shall provide for normal retirement upon completion of 25 years of "Credited Service" with

the benefit calculated at 60% (2.4% per year) of the officer's "Average Annual Earnings." Officers

will receive an additional 2% for each year of Credited Service after 25 years up to a maximum of

70%. In all other respects, Plan C shall be identical to Plan D.

shall close on October 25, 2002. Transfers from Plan D to Plan C shall be permanent. FOP Lodge

#30 expressly and irrevocably waives its right to propose in future negotiations any further window

opportunity for Plan D members to transfer to Plan C.

(D) Officers who retire prior to twenty-five (25) years of credited service shall receive a

pension benefit that is reduced as follows:

(1) Two percent (2.0%) penalty for officers who retire after twenty-four (24)

years of credited service. Effective July 1, 2006, one percent (1.0%) penalty for officers who retire

after twenty-four (24) years of credited service;

(2) Five percent (5.0% penalty for officers who retire after twenty-three (23)

years of credited service. Effective July 1, 2006, two percent (2.0%) penalty for officers who retire

after twenty-three (23) years of credited service;

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

(3) Nine percent (9.0%) penalty for officers who retire after twenty-two (22)

years of credited service.

(4) Fourteen percent (14.0%) penalty for officers who retire after twenty-one

(21) years of credited service.

(5) Twenty percent (20.0%) penalty for officers who retire after twenty (20)

years of credited service.

(E) Effective the first pay period following November 1, 2002, the Employee

Contribution in Plan C shall increase to eight percent (8.0 %).

(F) For purposes of the existing pension systems, the term "credited service" shall

include the service of a participant in the uniform services, on a voluntary or involuntary basis, for a

period not to exceed five (5) years. Persons reemployed after a period of service of five years or

less, who are otherwise reemployed in accordance with federal law, shall be treated as not having

had a break in service.

If there is a subsequent change in federal law increasing the period that an individual can

participate in the uniform services without experiencing a break in service, then that increase will be

automatically applied to the existing pension systems. If, however, federal law changes and the

period that an individual can participate in uniform services without a break in service is reduced,

the parties will negotiate with respect to any resulting changes to the existing pension plans.

(G) The selection of a voting member of the Retirement Board of Trustees for the unit

including Park Police Officers shall be pursuant to an internal FOP election process which permits

the officers in the unit to select the trustee.

(H) Internal Transfers

Any officer joining the Park Police after July, 2004 who is transferring from a non-public

safety position to the Park Police shall be required to either pay 100% of his or her deficient

premium contributions for the period spent in another retirement plan or accept an actuarial liability

that shall be imposed at the time of retirement.

(J) Retirement Reopener

If, during the duration of this contract, the Montgomery County Government Police obtain a

20-year retirement, the Commission and the FOP agree to a reopener on the sole issue of retirement.

However, there shall be no reopener if the change in the Montgomery County Government Police

occurs during the final year of this contract.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

(K) For the purposes of all retirement calculations related to the period of February 1,

2005 through the ratification date of this Agreement, the Commission will base the calculations

upon the assumption that the agreed-upon wage adjustments took effect on dates indicated herein.

This calculation assumption is not applicable to any officer who retires prior to the date that the new

agreement is fully ratified and executed.

ARTICLE IX
DISABILITY BENEFITS AND PROGRAMS

9.1 Long Term Disability

The Commission will continue to offer access to the long-term disability programs as offered under

prior contracts. Participation in LTD or CDBP is mandatory for all members of the Collective

Bargaining unit.

9.2 Tax/Benefits Payments

In order to implement a process to allow tax-free LTD benefit payments, FOP members

participating in the LTD program shall pay 100% of the premium cost for LTD benefits. The

payment of this 100% shall take effect on the first pay period April 1, 2006. In return, the

Commission agrees that it shall pay an additional 1.0% COLA effective the pay period on or about

April 1, 2006, the first pay period following July 1, 2006 and July 1, 2007. In return, FOP members

participating in the LTD program agree to pay 100% of the premium cost for LTD benefits. The

payment of this 100% shall take place on or about April 1, 2006. The Commission and the FOP

recognize and agree that future premium costs for LTD benefits shall continue to be determined by

the carrier(s). Officers participating in the CDBP shall not participate in this tax-free program.

However, those officers shall receive the 1.0% of COLA and, in return, their cost of the CDBP

premium shall increase from 20% to 80%. The payment of this 80% shall take effect on or about

April 1, 2006. It is further agreed that nothing about the change in the payment of the premiums

shall otherwise change any aspect of the operation or administration of the Commission’s LTD

programs. Finally, both the change to the tax-free approach and the three one-percent COLAs are

contingent upon successfully coordinating the change in the LTD program with the Commission’s

insurance carriers. (See Article V, Section 5.1(C)(1), Wages)

9.3 Existing Disability Programs

There are currently two separate disability programs: Comprehensive Disability Benefits Program

(“CDBP”) and the long-term disability (LTD) program. Except for those officers hired prior to

February 1, 1987 who elected to transfer into the Comprehensive Disability Benefits Program

(“CDBP”), all officers are participants in the Commission’s regular long-term disability (LTD)

program. The CDBP plan is frozen to new participants. Both programs may be subject to the

provisions of Section 8.3 of this document as dictated by the specific nature of the events

necessitating the application for long-term disability benefits.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

(A) Comprehensive Disability Benefits Program.

For those officers remaining in the Comprehensive Disability Benefits Program, the benefits

are as follows:

(1) Service-Connected Disabilities

a. For service-connected disabilities, the program or policy offered by

the Commission will guarantee that so long as the officer is disabled from police work, the officer

will receive disability benefits equal to sixty-six and two thirds percent (66-2/3%) of her/his

monthly basic earnings from the date of determination of CDBP disability until the officer's normal

retirement date as defined by the retirement plan in which the officer is enrolled.

b. The disability benefit will be reduced by any outside income (wages

from employment or profit from self-employment) earned by the officer according to the following

formula:

1. Effective February 1, 2005, the first $2,000 monthly outside

income shall be exempt from offset;

2. Effective February 1, 2005, the next $2,000 of monthly

outside income offsets one dollar ($1.00) of benefit for each three dollars ($3.00) of monthly

income;

3. Effective February 1, 2005, monthly outside income in excess

of $4,000 offsets one dollar ($1.00) of benefit for each two dollars ($2.00) of monthly income.

(2) Nonservice-Connected Disabilities

a. The benefit for nonservice-connected disabilities shall be thirty

percent (30%) of the officer's monthly basic earnings from the date of determination of disability

until the officer’s normal retirement date. In order to qualify for such benefits, the officer must

have at least five (5) years of service with the Commission.

b. All other provisions of the current CDBP program will continue to

apply to nonservice-connected disabilities as in the past.

(B) Long Term Disability Program

For those officers hired after February 1, 1987 and those officers who opted to

switch from the “CDBP” program, the benefits are as follows:

1. Service-Connected Disabilities

For service-connected disabilities, the policy or program offered by the Commission

will provide the officer disabled from police work disability benefits of sixty-six and two thirds

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

percent (66-2/3%) of her/his monthly basic earnings for a period of twenty-four months from the

date of determination of disability. Thereafter, the Commission will provide the officer who is

unable to perform all the material duties of any occupation for which he/she is or may reasonably

become qualified based upon his/her education, training or experience benefits of sixty-six and two

thirds percent (66-2/3%) of her/his monthly basic earnings for the duration set by the existing LTD

plan documents as of the execution date of this Agreement.

2. Nonservice-Connected Disabilities

The benefit for nonservice-connected disabilities shall be Sixty-Six and two thirds

percent (66 2/3%) of the officer's monthly basic earnings.

3. All other provisions of the current LTD program will continue to apply to

service connected and non-service connected disabilities as in the past.

9.4 General Provisions (Applicable to both LTD and CDBP)

The following provisions apply to both the LTD and the CDBP Programs.

(A) Monthly basic earnings consist of the officer's basic rate of pay at the time the officer

is disabled excluding overtime, premium pay, shift differential, bonuses, or any other additional

compensation.

(B) Service-connected disabilities are those mental or physical disabilities resulting

from: (a) an accident occurring or incurred while the officer was engaged in the performance of

her/his duties of employment as a police officer with the Commission; or (b) an illness or disease

occurring or incurred as the result of the officer's performance of her/his duties as a police officer

with the Commission. For purposes of the CDBP program, nonservice-connected disabilities are

those disabilities other than those defined above.

insurance program with an insurance carrier, through a self-insurance program, or through a

combination of both. This selection shall be at the Commission's option. If the Commission intends

to make any substantive benefit-design changes to the offered policy they will notify and consult

with the FOP before any changes are made. The Commission may contract with an outside

insurance carrier to make all determinations concerning disabilities. If an outside carrier makes a

determination, the officer affected will have the right to appeal the decision with the carrier and

contest the determination in a court of competent jurisdiction.

(D) For any disabled officer, the Commission reserves the right to obtain, at its own

expense, reasonable and relevant information certifying an officer’s continuing disability.

Generally, the Commission may not require a medical examination, by a physician selected by the

Commission, more than once a year. More frequent medical examinations can, however, be

required (1) as part of any workers compensation proceeding, or (2) due to the existence of probable

cause, explained by the Commission in writing, that a material change has occurred in the officer’s

condition. If the disability determination of the Commission-selected physician differs from that of

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

the officer’s treating physician, the Commission may require, at its own expense, that the officer

submit to an independent medical exam (“IME”) by a physician mutually agreed upon by the

Commission and the officer. The decision of the IME is binding upon the parties. The Commission

also may require the disabled officer to provide in a reasonable manner, but no more often than

once every six months, relevant financial information, including financial statements on

employment or self-employment, or other relevant records that reasonably may provide further

information on the officer’s disability status.

(E) In all other respects, the disability programs set forth above shall be subject to the

same provisions as are contained in the Commission's offered LTD insurance program.

(F) Disability benefits provided by the LTD and CDBP programs shall be increased

annually by fifty percent (50%) of the increase in the national CPI-U as determined by the U.S.

Department of Labor. The annual increase shall not exceed five percent (5%).

(G) Officers on the LTD and CDBP programs shall be allowed to continue their

participation in the Commission's health and life insurance programs as if they were still actively

employed.

(H) For service-connected disabilities, on the date of determination of disability under

LTD or CDBP, the officer may request in writing payment in full for all unused annual, compensatory,

and personal leave. Payment will be made in the pay period following the request.

(I) The waiting period for LTD or CDBP benefits shall be no more than one hundred

and twenty (120) days after the initial date of illness or injury.

(J) The maximum monthly benefit under either the LTD program or the CDBP program

shall be four thousand three hundred dollars ($4,300.00).

(K) Any officer covered by either the LTD or CDBP program who suffers a serviceconnected

disability that is total and permanent shall be continued on 66 2/3% benefit for the

remainder of the officer's life. For purposes of this provision, "total and permanent disability" shall

mean the following: the loss or loss of use of both hands, both arms, both feet, both legs, both eyes,

or any combination of one of each. When the officer reaches her/his normal retirement date, the

officer shall retire and the Commission shall pay the difference (if any) between the officer's

retirement benefit and the officer's 66 2/3% disability benefit.

(L) If an officer is a suitable candidate for rehabilitation, he or she is required to

participate in a “Rehabilitation Plan.” Failure to participate in the Plan will result in termination of

Health Benefits and a possible termination from the Commission. This will apply to all officers in

active service as well as officers who are currently receiving LTD Benefits either from the LTD

carrier or the Commission. The Commission must provide the officer with written notice of his or

her obligation to participate in a Rehabilitation Plan and the penalty for failing to do so. No officer

may lose his or her right to any benefits provided by the Commission unless the officer has been

provided at least 30 days from the receipt of the notice to inform the Commission or the LTD

carrier of his or her intentions regarding participation in the proposed Rehabilitation Plan. The form

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

and the manner of the Commission’s notice shall be determined in consultation with the FOP. In

addition, if the officer’s treating physician determines that the proposed Rehabilitation Plan is not

reasonable or appropriate for the officer and so informs the Commission in writing, the officer may

not be required to undergo the Rehabilitation Plan, provided that, the Commission may require, at

its own expense, that the officer submit to an independent medical exam (“IME”) by a physician

mutually agreed upon by the Commission and the officer to determine whether the proposed

Rehabilitation Plan is reasonable and appropriate. The decision of the IME is binding upon the

parties, as to the proposed rehabilitation plan; however, it does not preclude the creation of another

proposed rehabilitation plan for the officer.

(M) When an officer becomes disabled for more than six months, he or she must apply

for Social Security Disability (“SSD”) and cooperate in a reasonable manner with the LTD carrier

to obtain approval of benefits. If SSD is denied, the officer must cooperate in a reasonable manner

with the LTD carrier and/or the Commission to appeal the decision. Failure of the officer to

cooperate in a reasonable manner will result in termination of Health Benefits and possible

termination from employment from the Commission. Provided that, the Commission or its Agent

Carrier must provide the officer with written notice of his or her obligation to apply for SSD and to

cooperate with the LTD carrier and/or the Commission in pursuing SSD benefits and the penalty for

failing to do so. No officer may lose his or her right to any benefits provided by the Commission

unless the officer has been provided at least 30 days from the receipt of the notice to cooperate

reasonably in pursuing SSD benefits. The form and the manner of the notice required by this

paragraph shall be determined in consultation with the FOP.

(N) If an officer is disabled for more than twenty-two (22) workdays, any holidays shall

be considered a day of disability and not a holiday.

(O) As set forth in the Employee Retirement System Plan Documents, an officer on LTD

or CDBP will continue to accrue free credited service under the employees applicable retirement

program, until the officer reaches his/her normal retirement date.

(P) If the officer is offered a reasonable Transitional Work arrangement, the officer will

be required to accept the Transitional Work arrangement if the arrangement would pay the officer at

least 75% of the salary he earned as a police officer prior to becoming disabled. Failure to accept

such a reasonable Transitional Work arrangement will result in termination of Health Benefits and

possible termination from employment from the Commission. Provided that, the Commission must

provide the officer with written notice of his or her obligation to participate in the reasonable

Transitional work arrangement and the penalty for failing to do so.

(Q) No officer may lose his or her right to any benefits provided by the Commission

unless the officer has been provided at least 30 days from the receipt of the notice to inform the

Commission or the LTD carrier of his or her intentions regarding participation in the proposed

Transitional Work arrangement. The form and the manner of the Commission’s notice shall be

determined in consultation with the FOP. This subsection will apply to all officers in active service

and officers currently receiving LTD Benefits. This subsection shall not apply to officers currently

receiving benefits pursuant to the CDBP Program.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

(R) An officer who has provided the Commission with fraudulent written information

regarding his or her disability or employment status, shall be subject to discipline up to and

including loss of Health Benefits and termination of employment. No officer shall be subject to

such discipline until after he or she has been provided with ten (10) days notice of the

Commission’s intent to act. The form and the manner of the Commission’s investigation and notice

shall be consistent with the Maryland LEOBR.

(S) Any officer who fails to appear for a rescheduled IME will have the actual cost of

the IME or the “no show fee” (whichever is less) deducted from his or her wages, up to a maximum

$150.00, unless the officer establishes that there was reasonable justification for failing to appear.

9.5 Workers’ Compensation Disability Leave

(A) Disability leave is paid leave granted to an employee who is temporarily disabled as

a result of an injury or illness sustained directly in the performance of the employee’s work, as

provided for in the Workers’ Compensation law of Maryland.

(B) An officer shall be placed on workers’ compensation disability leave from the date of

injury or illness until the officer’s date of determination of disability under the LTD or CDBP

program; however, no officer may remain on workers’ compensation disability leave for more than

18 months for any given illness or injury. A small break in leave, such as a return to work (full

duty) of up to thirty (30) work days or a return to light duty for any period of time when the officer

is awaiting a scheduled procedure, shall not be counted for the purposes of creating a new 18 month

period. After 18 months, the employee may obtain sick leave from the FOP sick leave donor

program to make up the difference between workers’ compensation benefits and full salary.

Furthermore, workers’ compensation disability leave shall never continue beyond the officer’s

normal retirement date, as defined under the applicable retirement plan. Workers’ compensation

disability leave is provided to employees who are temporarily disabled in lieu of State mandated

benefit levels for Workers’ Compensation. In no case shall the workers’ compensation disability

leave benefits exceed the employee’s normal salary.

must apply for Long Term Disability (LTD) or Comprehensive Disability Benefits Program

(CDBP) benefits within sixty (60) days of the beginning of the disability leave or any other leave

taken because of a nonservice connected injury or illness. While on leave for medical purposes,

officers shall continue to cooperate with the Commission’s worker’s compensation carrier in order

to continue to participate in the Commission’s health benefit plans, other than as required by

COBRA.

(D) When the injury is or may be service-related, failure to apply in a timely fashion will

result in the officer losing his or her right to the Commission’s disability leave for any period

following the initial sixty (60) days from the date of injury or illness. When the injury is

nonservice-related, failure to apply in a timely fashion will result in the officer losing his or her

right to participate in the Commission’s health benefit plans, other than as required by COBRA, for

any period following the initial sixty (60) days from the date of injury or illness. With the written

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

approval of the Personnel Manager, which shall not be unreasonably denied, the deadline for

application for LTD benefits can be extended beyond 60 days.

(E) When the accident, injury, or illness for which disability leave may be granted was

caused under circumstances involving a legal liability of a third party, the Commission shall have

the right of subrogation and the right to enforce for its benefit the legal liability of the third party

under the conditions of and pursuant to the provisions of state law. The right of subrogation shall

also include reimbursement to the Commission of any disability leave which the employee received

in payment by the legally liable third party.

(F) The Commission will not bring any independent claim seeking to enforce the legal

liability of a third party until after it has allowed nine (9) months to pass from the date of the event

creating the third party’s legal liability. Further, the Commission will not bring any independent

claim seeking to enforce such a liability until after it has provided the officer with sixty (60) days

advanced notice, in writing, of its intent to pursue the claim. Officers shall be required to fully

cooperate in any subrogation effort undertaken by the Commission, and failure to fully cooperate

shall result in the officer losing his or her workers’ compensation disability leave.

(G) If the officer is offered a reasonable Transitional Work arrangement with the

Commission, the officer will be required to accept the Transitional Work arrangement if the

arrangement would pay the officer at least 75% of the salary he earned as a police officer prior to

becoming disabled. Failure to accept such a reasonable Transitional Work arrangement will result

in termination of Health Benefits and possible termination from employment from the Commission.

Provided that, the Commission must provide the officer with written notice of his or her obligation

to participate in the reasonable Transitional work arrangement and the penalty for failing to do so.

(H) An officer who has intentionally provided the Commission with fraudulent

information regarding his or her disability or employment status, shall be subject to discipline up to

and including loss of Health Benefits and termination of employment. No officer shall be subject to

such discipline until after he or she has been provided with ten (10) days notice of the

Commission’s intent to act. The form and the manner of the Commission’s investigation and notice

shall be consistent with the Maryland LEOBR.

(I) Any officer who fails to appear for a rescheduled IME will have the actual cost of

the IME or the “no show fee” (which-ever is less) deducted from his or her wages, up to a

maximum $150.00, unless the officer establishes that there was reasonable justification for failing to

appear.

(J) An officer out on a service-connected LTD or CDBP Disability who returns to the

Commission as a park police officer after a period of more than four (4) years on LTD or CDBP

Disability, from the effective date of the benefits, shall be returned to a pay level one step above the

level they were on at the time of the injury/illness that caused the disability, provided that the last

annual performance evaluation was satisfactory.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

9.6 Light Duty

(A) This section covers light duty status for park police officers covered by this

Agreement who are unable to perform full duty because of illness or injury. Requests for light duty

positions shall be directed to the appropriate Chief of Police or the Chief's designee. Such request

shall be granted if the following conditions are met:

1. A light duty position is available in the applicable Department of Parks either

because of vacancy or leave status of the incumbent employee. The MNCPPC shall not be required

to create a light duty position if one is not available;

2. The officer requesting the light duty possesses the necessary skills to perform

the job; and

3. The period of incapacitation is expected to be six (6) months or less.

(B) An officer requesting light duty must submit a written request to the appropriate

Chief of Police or designee, along with certification from his/her physician that the officer is unable

to perform the full range of regular duties and is capable of performing on a light duty status. The

Chief of Police or his/her designee shall respond to requests for light duty within fourteen (14)

calendar days after receipt providing that the request includes the necessary medical certification. If

the certification is not included, the fourteen (14) day time limit does not begin until the

certification is received.

written request described above.

(D) No officer shall hold a light duty position for longer than six (6) months.

(E) When available, the Commission will provide officers with duty related and nonduty

related injuries with light duty assignments in either the Police Division or other MNCPPC

Divisions. The schedule change rules of Section 14.1 will not apply in this situation. Once the officer

is cleared for full duty by the Commission’s doctor, they will rotate back into their normal schedule

as soon a practical. If at that time the officer is able to return to his or her prior position, then he or

she will be returned to that position if feasible.

ARTICLE X
OTHER INSURANCE

10.1 Accidental Death and Dismemberment Insurance

All officers actively at work or on paid leave shall be covered by a $50,000 Accidental Death and

Dismemberment (“AD&D”) Insurance Policy at the Commission’s expense. With respect to

officers who become disabled, AD&D coverage shall continue while the officer is on paid leave or

for one year after the initial date on which the officer is determined to be disabled, whichever is

later.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

10.2 Health Insurance

(A) Effective the first pay period after February 1, 1994, all officers covered by this

Agreement who participate in any of the HMOs offered by the Commission, the Point of Service

Plan and/or the Dental Plan will contribute fifteen percent (15.0%) of the cost of those plans.

(B) All officers who participate in the Vision Care Plan shall continue to contribute

twenty percent (20.0%) of the cost of that plan for the duration of this Agreement.

with the percentage contribution rates set forth in paragraphs A, B, C and D above and that are

implemented for the Commission's civilian employees shall also be implemented for the officers

covered by this Agreement; provided, however, that the FOP shall be notified of any such changes

no less than thirty (30) days prior to the proposed date for implementation. Upon request by the

FOP, the parties shall meet to discuss the changes.

ARTICLE XI
MEDICAL STANDARDS

11.1 Medical Standards

The medical standards for park police in effect on February 1, 1990 shall remain in effect except as

amended in accordance with this Section. Amendments shall be made only after an opportunity for

consultation with and input from the FOP. Any amendments made by the Commission during the

term of this Agreement shall be the subject of bargaining during the negotiations for a successor

Agreement. Should a dispute exist concerning the ability of an officer covered by this Agreement

to fully perform the duties of her/his position under the medical standards, said dispute shall be

resolvable only under the grievance and arbitration section of this Agreement.

11.2 Chest x-rays offered during the annual physical examination shall only be required once

every three years, unless medically necessary during the intervening years. Also effective

immediately, rectal examinations shall be optional for officers under forty (40) years of age, and

shall be determined between the officer and the physician. In addition, officers over forty (40)

years of age shall be given the option, at the Commission's cost, of obtaining a prostate blood

analysis (PBA) as part of their annual physical examination.

11.3 All officers will be required to undergo a stress test as a required part of their annual

physical examination. If, in the opinion of the physician administering the test, the officer’s test

results indicate an abnormal physical condition, the officer may be required to be retested within 90

days of the first test. After each test, the physician administering the test shall confirm to the

Commission that the officer is able to perform the essential duties of the job without constituting a

direct threat to the officer or others. If indicated by the results of the retest, the officer may be

required to undergo medical counseling for a period of at least 12 months. Should the officer’s

treating physician dispute in writing whether the medical condition of an officer covered by this

Agreement prevents the officer from being able to perform the essential duties of the job without

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

constituting a direct threat to the officer or others, said dispute shall be resolved by an independent

medical exam (IME) to be conducted, at the Commission’s expense, by a physician mutually agreed

upon by the Commission and the officer. The parties shall agree upon the physician within five

working days and the examination shall be conducted within 15 working days of the selection of the

physician. The decision of the IME is binding upon the parties. From the date that the officer’s

treating physician submits his/her written dispute until the final IME decision is rendered, an officer

removed from active duty under this provision shall be placed on Administrative Leave. If,

however, the final decision is delayed, either because the officer delayed the selection of the

physician or the officer or his/her treating physician delayed the IME itself, then Administrative

Leave shall cease after 20 working days.

ARTICLE XII
OTHER BENEFITS

12.1 Employee Assistance Program

Officers covered by this Agreement shall have access to any employee assistance program that is in

effect for other Commission employees. Access to the program will be on the same terms and

conditions as are applied to other Commission employees. If the MNCPPC creates an EAP for park

police, that EAP shall apply to the bargaining unit members.

12.2 Tuition Assistance Program

Bargaining unit members shall remain eligible for tuition assistance in an amount equal to two

hundred and twenty-five dollars ($225.00) per semester. If the Commission increases this amount

for other employees, the increased amount will be applicable to the park police as well.

Applications for tuition assistance shall continue to be made on the MNCPPC's Application for

Training Assistance Form. Determination with respect to eligibility for tuition assistance will

remain governed by MNCPPC Practice 2-31.

12.3 Take-Home Vehicles

(A) All officers who have completed field training and live in either county will be

allowed to utilize take-home vehicles to and from duty work, consistent with policies and directives.

Officers who live outside the two counties will be provided take-home vehicles for duty work,

consistent with policies and directives, so long as each officer leaves the vehicle at one of the

predetermined locations inside the Montgomery or Prince George’s County lines. The

predetermined locations are to be designated by Park Police management. Park Police management

shall take into consideration, but is not limited to considering, the safety of the vehicle, Park Police

management’s desire to designate location as close as possible to the residence of each officer, any

requests for designations filed by individual officers, and the recommendations of any applicable

committees. All officers who have completed field training will be provided take-home vehicles so

long as they are available.

(B) Consistent with current practice, personal use of the vehicles, including commuting

and minimal personal errands on the way between work and home, shall be permitted. Such

personal use does not include either use in or commuting to secondary employment off Park

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

property, unless prior approval has been obtained from Park Police management. Park Police

management agrees that approval of use of the vehicle to commute to and from secondary

employment off Park property shall not be unreasonably denied.

working part-time; however, officers shall not be permitted to patrol during secondary employment

in their Department-issued vehicle.

12.4 Life Insurance

All officers who currently are enrolled in the Commission's life insurance program shall be allowed

to maintain their enrollment.

ARTICLE XIII
PROMOTIONS

13.1 Promotions

(A) The testing procedure for sergeant shall be given every eighteen (18) months

beginning with the test scheduled in 1991.

(B) The procedure for promotion to sergeant shall consist of a written test and an

assessment center.

A minimum passing score on the written test of sixty percent (60%) will be necessary for the

candidate to continue in the process.

(D) The FOP and the Commission must agree on the various components of the

assessment center and the weight given to each component.

(E) The assessors involved in the assessment center shall not be officers from the

MNCPPC, but shall be from other area police agencies and shall hold at least the same rank as that

for which the candidates are being tested. The assessors involved in the assessment center can

include non-police officers, provided that non-police officers never constitute more than one-half

(1/2) of the assessors in any component or exercise of the assessment center.

(F) The written test shall constitute fifty percent (50%) of the total promotional score.

The assessment center shall constitute fifty percent (50%) of the total promotional score.

(G) A cumulative overall promotional score of at least sixty percent (60%) shall be

required for a candidate to be placed on the eligibility list.

(H) The FOP will discuss the possibility of including performance evaluations in the

promotional system after ratification of this Agreement.

FOP Collective Bargaining Agreement 2/1/05 – 1/31/08

(I) Updated proficiency shall be developed and consolidated into one or two

comprehensive tests for each rank. Once developed, these tests will be offered every three (3)

months on a schedule set by the personnel office.

(J) Effective February 12, 2006, the promotional increment to the rank of Sergeant shall

increase to ten percent (10.0%). All other promotional increments shall remain at five percent

(5.0%).

(K) The required time-in-grade for promotions from P-2 to P-3 shall be thirty-six (36)

months. The required time-in-grade for promotions from P-3 to P-4 shall be eighteen (18) months.

The required time-in-grade as a P-4 before an officer is eligible to sit for the Sergeants examination

shall be twenty-four (24) months. In calculating the thirty-six (36) month time-in-grade period from

P-2 to P-3, the Commission shall include time spent by the officer in the academy.

(L) Officers covered by this Agreement who elect to take any promotional exam or

profic