Police union collective bargaining agreement for the city of Baltimore, Maryland (2022-2024)

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• Index of Articles

A collective bargaining agreement (CBA) is a contract between police departments and unions to establish rights, protections, and provisions for law enforcement officers. What follows is the text of the Baltimore, Maryland police union collective bargaining agreement entered into by the Baltimore City Police Department and the Baltimore City Lodge, Fraternal Order of Police, effective from July 1, 2021, to June 30, 2024..

Declaration of principle, policies, and purposes

Text of Declaration of principle, policies, and purposes:

“ It is the intent and purpose of the Baltimore City Lodge No. 3, Fraternal Order of Police, Inc. (“Lodge”) and the Baltimore City Police Department (“Employer” or “Department”) to promote and improve the efficiency of the operations of the City of Baltimore and the Baltimore Police Department. In order to render the most efficient public service to the citizens of the City, the Lodge and Employer agree that this goal can best be achieved through an orderly, constructive and harmonious relationship between them. The parties hereto are in further accord that effective employee relations in the public service requires a clear statement of wages, hours and working conditions and of the respective rights and obligations of labor and management and requires a mechanism for the peaceful and equitable resolution of differences which may arise. For these purposes the parties enter into this Memorandum of Understanding (“Memorandum”). ”

1. Recognition

Text of Article 1:

“ Pursuant to the provisions of the Municipal Employees Relations Ordinance, Article 12 of the Baltimore City Code (1983 Replacement Volume, as amended) and the Code of Public Local Laws of Baltimore City, Section 16-8A, the Employer recognizes Baltimore City Lodge No. 3, Fraternal Order of Police, Inc. as the sole and exclusive representative of Unit I, all sworn police personnel below the rank of Sergeant, with the exception of (a) those employees determined to be confidential by the Labor Commissioner in accordance with the Municipal Employees Relations Ordinance and (b) probationary employees. Solely for the purposes of this Memorandum and Lodge membership and representation, “probationary employee” means any sworn employee who has not completed entrance level training, and this in no way modifies the probationary period as defined in Section 16-10 (e) (2) of the Code of Public Local Laws of Baltimore City or the Law Enforcement Officers’ Bill of Rights, which remains in effect through June 30, 2022. For the purposes of this Memorandum of Understanding, all police officers, police agents, and flight officers in the Police Department shall be referred to as “employees” or “members of the bargaining unit.” ”

2. Check-off

Text of Article 2:

“ The Employer agrees to deduct Lodge dues from the pay of any eligible employee whom it is certified to represent and who authorizes such deductions in writing pursuant to the provisions of the Municipal Employees Relations Ordinance. The Employer shall transmit all such monies withheld to the Lodge within fourteen (14) days of said deduction. The Employer agrees to supply the Lodge or its designee with a dues deduction computer printout on a quarterly basis throughout the term of this Memorandum. Said printout shall include each individual's name, address, workplace, annual salary, and amount deducted per pay period. Charges for deducting the cost of Lodge-sponsored programs, if any, shall be in accordance with city-wide policies currently in effect. Such authorization shall be continued from year to year unless revoked in writing by the employee, thirty (30) days prior to the anniversary date of the authorization. The Lodge shall indemnify and save the Employer harmless from any and all claims, grievances, actions, suits or other forms of liability or damages that arise out of or by reason of the disposition of the funds deducted under this Article as soon as they have been remitted by the City to the Lodge. Pursuant to the Municipal Employees Relations Ordinance, no other employee organization, within the meaning of Baltimore City Code, Article 12, Section 1-1(e)(1), shall be entitled to check off dues. ”

3. Management rights

Text of Article 3:

“ Subject to the provisions of this Memorandum, the Employer shall have all of the rights set forth in Article 12, Section 3-2 of the Baltimore City Code (1983 Replacement Volume, as amended), Article II, Section 27 of the Baltimore City Charter (1996 Edition) and the Code of Public Local Laws of Baltimore City, Subtitle 16, Police Department, which provisions are incorporated herein by reference. ”

4. Non-discrimination

Text of Article 4:

“ The provisions of this Memorandum shall be applied equally to all employees in the bargaining unit for which the Lodge is the certified representative without discrimination as to age, sex, marital status, race, creed, color, national origin, political affiliation, disability as defined in the Americans With Disabilities Act (ADA), or sexual orientation. ”

5. Grievance and arbitration procedure

Text of Article 5:

“ A. Subject to any limitation of existing law, any grievance, defined in the Municipal Employees Relations Ordinance Article 12, Section 1-1(g) as a dispute concerning the application or interpretation of the terms of this Memorandum of Understanding or a claimed violation, misrepresentation or misapplication of the rules or regulations of the Employer affecting the terms and conditions of employment, may be settled in the following manner: STEP 1: A grievance may be initially filed orally with the aggrieved employee's immediate supervisor within thirty (30) calendar days from the event or when the aggrieved employee should have reasonably known of the grievance. The designated Lodge Representative may represent the employee in presenting the grievance. The parties shall attempt to resolve the grievance informally. Consultation with second level supervision is permissible provided all parties agree. STEP 2: If not resolved at Step 1, the grievance shall be filed in writing with the District Section, or Unit Commander. (The “Sections” or “Units” referred to in this paragraph are the Police Commissioner's Staff, Divisions, and Sections, the Staff, Sections, and Units of the Deputy Commissioners, and the Sections within the Neighborhood Patrol Division, Criminal Investigation Division, Administrative Bureau, Public Integrity Bureau, and Compliance Bureau). The writing shall state generally the substance of the grievance and identify the aggrieved employee. The parties shall meet within seven (7) days of the filing of the grievance at this step to discuss its substance. The District or Unit Commander shall give his decision in writing within seven (7) working days after the aforesaid meeting. STEP 3: If not resolved at Step 2, the grievance may be presented to the relevant Division Chief or Deputy Commissioner (Neighborhood Patrol Division, Criminal Investigation Division, Administrative Bureau, Public Integrity Bureau, and Compliance Bureau), who shall meet with the designated Lodge Representative and the aggrieved party within ten (10) working days after the grievance has been denied, and shall give his answer in writing within ten (10) working days of this meeting. Special Provision - STEP 3: Within thirty (30) days of an alleged grievance, the Lodge is authorized to present said grievance at this step if the grievance affects a significant number of employees in more than one (1) District, Section, or Unit. Should this provision be used, the relevant Division Chief or Deputy Commissioner will meet with the Lodge Representative(s) within ten (10) working days of the filing of said grievance and will provide, in writing, an answer within fourteen (14) days following the aforementioned meeting. STEP 4: If the grievance is not resolved at Step 3, the grievance may be presented to the Police Commissioner or designee who shall meet with the designated Lodge Representative(s) within ten (10) working days of the denial and shall give his response within fourteen (14) working days of the meeting. STEP 5: a) If a grievance has not been satisfactorily resolved at Step 4, the Lodge may, within ten (10) working days of the completion of Step 4, initiate arbitration by written notice to the Police Commissioner and the Labor Commissioner of the Lodge's decision to arbitrate. b) Within five (5) working days after receipt of the notice, the parties shall attempt to agree upon an arbitrator. If such attempts fail, within ten (10) working days after receipt of a panel of seven (7) names obtained from the Federal Mediation and Conciliation Service upon the request of either party, the parties shall alternately strike names from that panel until one (1) name remains. That person shall be the arbitrator. c) Briefs shall be filed only if the arbitrator determines they are necessary. d) The arbitrator's decision shall be final and binding on all parties. e) The Employer cannot present a grievance to the arbitration step. f) The cost of any arbitration proceedings under this Memorandum shall be equally divided between the Department and the Lodge. g) Saturdays, Sundays and legal holidays shall not be counted in computing time limits. B. The Lodge shall be the exclusive representative in all grievance matters, except that an employee may represent themself as provided in Section 4-1(d) of the Municipal Employees Relations Ordinance, and except that if a grievance has not been resolved in Step 1, an aggrieved employee may request, upon notice in writing within five (5) calendar days after conclusion of Step 1, that the grievance be submitted to the Personnel Service Board in accordance with the provisions of Section 16 of the Code of Public Local Laws of Baltimore City. If the employee makes such a request, he shall be deemed to have waived his right to have his grievance processed through Steps 2-4 hereof. Section 4-1(d) of the Municipal Employees Relations Ordinance shall apply to any adjustment of an employee's grievance by the Department or the Personnel Service Board pursuant to this paragraph. C. All grievances in writing shall be filed on a form developed jointly by both parties. The grieving party shall retain a copy of the grievance form submitted. D. It is agreed that the arbitrator is not empowered to hear, reverse, remand, set aside or in any way modify a judgment in a disciplinary proceeding. Such judgment shall continue to be appealable only in accordance with the procedures set forth in the Law Enforcement Officers’ Bill of Rights, which remains in effect through June 30, 2022, or the Maryland Police Accountability Act of 2021 - Police Discipline and Law Enforcement Programs and Procedures, HB 670 (“HB 670”), Section 3-106 (I) and (J). ”

6. Lodge Representatives

Text of Article 6:

“ A. The Lodge may appoint representatives in the Department as follows: One (1) in each District of the Neighborhood Patrol Division One (1) in the Special Operations Section or Special Services Section One (1) in the Criminal Investigations Division One (1) in the Public Integrity Bureau or the Compliance Bureau One (1) in the Administrative Bureau One (1) Employee at Large B. A written list of Lodge Representatives shall be furnished to the Department immediately after their designation and the Lodge shall notify the Department promptly of any change of such representatives. C. After appropriate notice to his Commanding Officer, a Lodge Representative shall be granted reasonable time off during working hours with pay when he is engaged in processing (investigating and presenting) a grievance under Article ARTICLE 55 of this Memorandum, and where it will not interfere with the operations of the Department. ”

7. Vacations, holidays, days off and special leave

Text of Article 7:

“ A. DEFINITIONS Leave, for the purposes of this Article, is defined as: 1. Vacation Leave (V Hours) 2. Holiday Leave (P Hours) 3. Scheduled Days Off (H days) 4. Compensatory Leave (C Hours) B. REQUEST FOR LEAVE1 1. Leave requested from November 1 to December 10 for the nextcalendar year. Employees requesting leave for the next calendar year from November 1 to December 10 shall designate all Vacation (V Hours), Holiday Leave (P Hours), and accrued Compensatory Leave (C Hours) as of the request date to be taken. All leave requests shall not be unreasonably denied. Leave requests submitted between November 1 to December 10 as part of the calendar year leave request process shall be granted on the basis of seniority within rank. Any leave requests submitted pursuant to this Section which have not been approved or denied as of December 20 shall be deemed approved. All H Days connected to leave submitted and approved pursuant to this Section shall receive the same protections from cancellation as said leave. 2. Leave requested for a calendar year in which leave selections already have closed. Employee requests for Vacation Leave, Holiday Leave, and accrued Compensatory Leave for a calendar year in which the bidding has already closed shall be granted on a first come, first served basis. Such leave shall be approved or denied by the employee’s immediate permanent ranked supervisor, or by the permanent ranked person filling that position during such supervisor’s absence, within ten (10) days of submission. All leave requests shall not be unreasonably denied. Notwithstanding the foregoing, it is agreed that it is reasonable to deny leave if granting it would take the shift below the shift constant (the shift constant in effect will be publicized to affected employees). Any documented requests for Vacation Leave, Holiday Leave, or accrued Compensatory Leave which have not been approved or denied within 10 days of the submission shall be deemed approved. 3. In those instances where a senior police officer puts in for vacation leave and subsequently withdraws same and then decides to resubmit a request for the same leave days on or before December 10, said leave shall be granted unless another police officer has already submitted a leave request for the same dates, regardless of the officer’s seniority. 4. See Article 10D-10F for additional provisions governing leave bidding. C. VACATION LEAVE (V HOURS) 1. Employees shall be granted the same number of vacation hours as in the past and consistent with the schedule which is set forth in the Administrative Manual. The rate of vacation leave accrual is based upon the eligible employee's length of continuous service and is earned at a set rate for each completed month of service. ”

COMPLETED YRS OF CONTINUOUS SERVICE	VACATION HOURS EARNED PER MONTH	PER YEAR FULL-TIME EMPLOYEE
0 through 5	8.5	102
6 through 10	10.625	127.5
11 through 13	12.75	153
14 through 18	14.875	178.5
19 or more	17	204

“ Employees shall be charged 8.5 vacation hours when they take off a work day. 2. Employees’ current vacation buckets will be allowed to go into the negative by one year’s worth of vacation hours. Employees may use such vacation consistent with usual scheduling practices. (If an employee leaves employment during the year and uses more vacation for the year than has been accrued, the employee will be required to reimburse the City for such used vacation.) a. Vacation Leave scheduled and approved prior to December 10th shall be cancelled only in the event of an extreme emergency declared by the Police Commissioner or the Commissioner's designee or when otherwise directed by the Police Commissioner. These criteria shall also be followed for any other type of leave (P Hours or H Days) which is obviously scheduled in conjunction with Vacation Leave. b. Regardless of date scheduled and approved, a paid vacation leave period (V hours, P hours, or C hours) in a block equal to the total number of hours worked between the employee’s scheduled H days shall be cancelled only in the event of an extreme emergency declared by the Police Commissioner or the Commissioner's designee or when otherwise directed by the Police Commissioner. This shall also apply to any H days taken in conjunction with the vacation period. 3. It is not the intent of Section C.2 to preclude an employee from making a vacation period using more than 17 P hours. However, this type of vacation period would not receive the same protection against cancellation as that described in Section C.2. 4. The Vacation Leave accumulation bank for bargaining unit employees is 1,642 hours including any previously accrued K hours through June 30, 2000. Notwithstanding any provision to the contrary, under no circumstances shall any hours be accrued beyond 1,642 hours for any reason after December 31st of any calendar year. 5. Effective January 1, 2015, vacation leave accumulation for all current employees shall be capped at 1,063 hours. Employees who have already accrued 1,642 vacation leave hours or a number between 1,063 and 1,642 accumulated vacation leave hours as of January 1, 2015 shall maintain those hours. Employees hired after January 1, 2015 may accumulate up to 383 vacation leave hours. D. HOLIDAY LEAVE (P HOURS) Employees will be provided with Holiday Leave hours equal to 13 holidays (or 14 holidays in a congressional election year), with the Holiday Leave provided to employees at the commencement of the calendar year – this will be the equivalent to 111 P hours (or 119.5 P hours in a congressional election year). Holiday Leave is available for use throughout the calendar year and may be scheduled through the annual leave bidding process, if the employee chooses to do so. If, due to Department operational needs, an employee’s Holiday Leave is cancelled by the Department and the employee is unable to reschedule such leave during the same calendar year, it will be paid out after the calendar year in which it was earned and unused at the employee’s straight time rate of pay. Holiday Leave is not subject to accrual, accumulation or payment at separation from service. If an employee separates from service for any reason, the employee will be required to pay back Holiday Leave used on a pro rata basis, which may be deducted from any final leave payout and/or their final pay. For purposes of determining pro rata repayment, a holiday shall be deemed “earned” on the day the holiday is normally observed as designated by the General Orders and/or the Labor Commissioner. Example: If an employee has used thirteen holidays and the employee separates on October 31, the employee shall be required to repay three holidays (Veterans Day, Thanksgiving, and Christmas Day). Employees who work on the actual day for Thanksgiving, Christmas and/or New Year's shall be paid an additional four (4) hours compensation. In the event two (2) or more employees have scheduled and approved Holiday Leave on the same day and it becomes necessary to cancel said leave, the last requested leave shall be the first cancelled, unless the employees agree otherwise. E. SCHEDULED DAYS OFF (H DAYS) 1. Cancellation and Rescinded Cancellation of H Days a. If an employee receives notice of the cancellation of their H Day, which is not being taken in conjunction with approved leave, as provided in Section B.1 and C.2.b of this Article, the employee shall receive four (4) hours of pay (hereinafter “penalty pay”). The penalty shall apply even if the cancellation of the H Day is rescinded by the Department. If the cancellation is rescinded, and the employee is not compelled to work, the relief for the rescinded cancellation is limited to the penalty pay. b. If the employee is compelled to work on their H Day due to a cancellation, in addition to the penalty pay, the employee shall be entitled to reschedule the substitute day off within the same work period as the originally scheduled H Day, subject to manpower constraints, as follows. If the employee can reschedule the substituted day off on the same day of the week as the cancelled H Day, he/she shall take that day off. If the employee is unable to reschedule the substituted day off on the same day of the week within the same work period, the employee shall have the option either of taking the substituted day off or receiving pay for the cancelled day at his/her regular rate of pay for the H Day that was forfeited in addition to the penalty pay discussed above. c. In order to avoid cancellation of H Days for all employees, the Department may cancel H Days only for certain employees or classes of employees. 2. An employee retains the option to request a change in his or her regularly scheduled H days within the twenty-eight (28) day work period. His or her immediate supervisor may grant the request. In that circumstance, the above provisions of this Section shall not apply. 3. Regardless of the foregoing Section 1, the Employer shall have the right to designate five (5) days for each subsequent calendar year on which all H days will be considered cancelled. For 2022, this designation will take place on or after January 21 (immediately following the close of the 2022 vacation period), and for 2023 and thereafter, it will take place on or after December 21 (immediately following the close of the December 20 vacation period). Employees working on such H days will be paid time and one-half for working such days but shall have no right to take the day off. The only exception to this provision shall be for those employees who have scheduled vacation leave (and any H days in conjunction with that vacation) during the annual scheduling period, who shall not have their vacation leave or H days cancelled on the days designated in this Section 3. F. SCHEDULED DAYS CHANGED OR CANCELLED An employee's scheduled days off or approved leave shall not be changed or cancelled solely for the purpose of avoiding the payment of overtime, over the objection of the employee. This provision shall not apply if such day is cancelled for operational reasons. G. TRANSFERS, REASSIGNMENTS, PROMOTIONS Changes or cancellation of leave as covered in Sections B, C, and D shall not apply in cases of voluntary transfers, voluntary reassignments, promotions or disciplinary actions. Sections B, C, and D of this Article cover involuntary transfers and involuntary reassignments. In cases of promotions only, Section B.1 dealing with vacation leave which has been scheduled and approved prior to December 10th, shall apply. H. LEAVE ORDER OF PRIORITY When it becomes necessary, for operational reasons, to cancel previously scheduled and/or approved leave, the following order of priority for cancellation shall be adhered to: 1. C Hours – Compensatory Leave 2. P Hours - Holiday Leave 3. V Hours – Vacation Leave 4. H Day – Scheduled Day Off I. BEREAVEMENT LEAVE An employee shall be granted four (4) consecutive work days of leave of absence with pay for the death of a member of the employee's immediate family. The immediate family includes: Mother, Father, Sister, Brother, Spouse, registered domestic partner (as defined by the Baltimore City Code, provided the name of the domestic partner is filed on record with the Baltimore City Department of Personnel in advance), Child, Grandparent, Grandchild, Mother-in-law, Father-in-law, step or half-blood relatives, or any relative residing in the same household as the employee. These four (4) days of leave will be granted beginning either on the day of death or the work day immediately following the day of death, at the employee's request. In the event that funeral arrangements are delayed because of out-of-town travel or other extenuating circumstances, the four (4) consecutive work-day requirement shall be waived. The employee shall also be granted four (4) consecutive work days of leave of absence with pay in the event of a stillborn birth. One (1) day's leave of absence will be authorized for the death of the employee's Aunt, Uncle, or Great Grandparent. This one (1) day leave of absence must be taken within four (4) calendar days of the date of death. J. CHILD CARE LEAVE Employees in the Unit shall be eligible for leave under the Family and Medical Leave Act (“FMLA”) for birth of an employee’s child. The employee shall be permitted to use any accrued vacation or personal leave hours, banked days, P hours, VMI hours, compensatory leave hours and 42.5 accrued sick leave hours up to a maximum of twelve (12) weeks of FMLA leave. Time off granted in accordance with this provision will be considered leave days pursuant to the Agency’s FMLA policy. This leave shall be granted unless the Police Commissioner shall declare a public emergency requiring the cancellation of all leave throughout the agency for a stated period of time after which the affected employee shall be returned to paid leave as described herein. K. TERMINAL LEAVE Within sixty (60) calendar days of an employee’s effective date of retirement, said employee shall have the right to schedule up to sixty (60) calendar days of terminal leave, excluding scheduled days off, using accrued and unused compensatory or vacation leave that otherwise would be paid out at termination. Any leave time that would not be paid out at termination is not eligible for use in this terminal leave period. L. DONATION LEAVE Subject to approval by the employee’s Commanding Officer, an employee with banked vacation leave may transfer up to 17 vacation hours per calendar year to another Unit employee (donee) who is experiencing a personal hardship, providing the following conditions are met: 1. The donee has exhausted all of his/her accrued leave including Vacation, Personal Leave, K hours (while applicable) and VMI hours. 2. The transfer of leave pursuant to this section is strictly a donation. Leave may not be transferred in exchange for cash or other remuneration. 3. The donee must be experiencing a hardship for which the transfer of leave provides relief. 4. All leave transferred pursuant to this section is an irrevocable transfer. 5. A donee may receive no more than 255 transferred hours in any one calendar year. 6. Use of donated leave by employees on suspension or termination is not authorized. Notwithstanding the above provisions, the Police Commissioner will exercise sole authority as to the continuance of this section and may terminate this program upon 30 days written notice to the bargaining unit and any affected personnel. M. Payment for Unused Leave Upon resignation, termination of employment or retirement from the Department, employees shall be paid in full for any accumulated vacation and personal leave at their regular rate of pay. N. Medical Leave Bank The Fraternal Order of Police (FOP) Medical Leave Bank hereinafter referred to as “the Bank” will continue in effect. Membership in the Bank will be voluntary for all employees hired after June 25, 1997. All new employees who request membership in the bank will be assessed 8.5 hours of medical leave for deposit in the Bank. An employee in the bargaining unit may receive a grant from the Bank only after: 1. Filing an application with the Medical Leave Bank Committee. 2. Submitting satisfactory medical evidence of the illness or injury. 3. Submitting evidence of having exhausted all accumulated leave. The Board of Directors of the Bank shall be composed of two (2) representatives of the FOP appointed by the FOP President and two (2) representatives of the Employer appointed by the Police Commissioner. New employees must join the Bank within the first thirty (30) days after completion of their entrance level training or lose their right to join until the next contribution period. Employees may relinquish their membership in the Bank at any time; if they do so, however, they will lose their contribution in the Bank and will not be allowed to join again until the next contribution period. All contributions will remain in force and cannot be returned even upon cancellation of membership. Unused medical leave days in the bank at the end of the year shall be carried over to the next year. On or before April 1, 2012, the Labor Commissioner will convene a labor-management committee to establish an audit system which will keep accurate records of the number of days in the leave bank and to otherwise monitor activities of the medical leave bank. For a detailed description of the Bank please refer to the brochure entitled “Baltimore City FOP Medical Leave Bank”. ”

8. Safety

Text of Article 8:

“ A. The Employer and the Lodge will cooperate in the enforcement of safety. Any concerns or suggestions regarding safety may be directed to the Joint Labor-Management Liaison Committee. B. The Employer shall replace any bullet proof vest issued to an employee in the Unit immediately upon its mandatory replacement date as determined by the manufacturer of the vest. Additionally, all radio batteries shall be replaced immediately upon the expiration date as specified by the manufacturer of the battery and/or the battery is determined to be defective by a Departmental Supervisor of any rank. ”

9. Health and Welfare

Text of Article 9:

“ A. The parties recognize, and agree to, the Third Health and Prescription Drug Plan Agreement, as approved by the Board of Estimates, on June 27, 2018, which is attached hereto in Addendum A, along with the accompanying exhibits, and which shall remain in effect as provided therein, until a successor agreement is submitted to, and approved by, the Board of Estimates. The parties recognize that the Third Health and Prescription Drug Plan Agreement shall need to be amended and modified through bargaining conducted among all participating unions during the term of this Agreement. B. Effective January 1, 2008, the Employer reserves the right to adjust the percentage of the retiree’s contribution for those employees who retire with less than twenty (20) years of service on or after January 1, 2008. This provision shall not apply to any employee who receives disability retirement benefit. C. During the term of this Memorandum, the Department will continue in effect the stress management program providing services related thereto at no or nominal cost for employees and family members affected by the employees' job-related stress problems; except that if the provider contract is put up for bids, the bid specifications will be subject to the approval of both the Lodge and the Department prior to their submission to the Bureau of Purchases or Board of Estimates. In the event the Lodge or the Department is dissatisfied with the selection of the provider or the content of the specifications promulgated by the Board of Estimates, the Lodge and the Department shall jointly appeal to the Board of Estimates. D. The waiver form will continue to limit the waiver disclosure of the doctor's opinion and such facts as shall, in his professional judgment, be necessary to comport with professional standards while protecting the patient's privacy. E. The face value of the death benefit for active employees shall be equivalent to the employee’s annual salary at time of death. The retiree death benefit is $7,000.00. F. WAIVER OF GENERIC DRUG REQUIREMENT The Employer agrees to provide the Lodge with copies of the proposed bidding specifications for the City's prescription drug program providers for the Lodge's review and comment. The parties will meet and confer with a view to reaching an agreement over a workable provision that would enable participants to obtain proprietary drugs under the program, when expressly prescribed by the treating physician as medically necessary. G. SECTION 125 PLAN The Employer will continue to administer the Section 125 Plan whereby the employees’ contributions to health care, vision, and prescription programs would be excluded from Federal and State taxes. H. The Employer shall remit an annual payment of $650 (to be paid bi-weekly) to each employee who, with satisfactory proof of alternative health insurance coverage received in another plan, elects not to take any coverage under a City Health Care Plan. If, after waiving coverage under any City Health Care Plan, the employee loses coverage due to the death of a spouse or other person who is a source of coverage, divorce, loss of employment or deletion of benefits (or such other qualifying event as determined by the Employee Benefits Division), the employee may enroll in a City Health Care Plan and consequently relinquish the waiver payment. The employee must notify the City's Employee Benefits Division within thirty (30) days after a qualifying event occurs in order to enroll in a City Health Care Plan. The Employer shall apportion the payment should an employee either enter or leave a City Health Care Plan within a calendar year. I. An employee shall be entitled to a Hospital Bill Audit Gain sharing payment of 331/3% of an overpayment (or other billing error resulting in an overpayment to the health care provider), up to a maximum of $500 to the employee for each incident. In order to qualify for the Gain sharing payment, the employee must: (a) identify an overpayment of more than $250 (in the aggregate) in a hospital bill that is presented to an employee or his or her dependent and (b) notify the City's Employee Benefits Division of the error within thirty (30) days after receipt of an Explanation of Benefits from the Health Plan. Payment shall be due and made only if the error is verified and the amount overpaid actually is recovered to the City's benefit. J. The Employer will provide continued health care coverage at active employee rates for benefit-eligible survivors (spouses and eligible dependents) of those employees who were enrolled in City health care plans and were killed in the line of duty at any time prior to or subsequent to January 1, 1995. If survivors or enrolled dependents become eligible for Medicare, they must enroll in the City retiree health care plan for coverage. K. Unmarried dependents shall be covered by Employer’s Prescription Drug and Vision Care Programs until the end of the calendar year the dependents reach age 26. L. Optical Plan Optical plan benefits shall apply to current and future retirees, widows, and dependents. The plan shall include an eye exam every twenty-four months and prescription glasses, if needed. ”

10. Overtime and hours of work

Text of Article 10:

“ A. The work period for non-patrol employees shall be 28 days. 1. The work schedule for employees not assigned to the Neighborhood Patrol Division shall be based on the total number of work days assigned in their schedule, as created in Subsection 4 below, per calendar workweek (Sunday to Saturday) at 8.50 hours (8 hours and 30 minutes) per day. All time worked in excess of 8 hours and 30 minutes per day shall be compensated at overtime rates. 2. The workday for employees in non-patrol assignments shall consist of eight and a half (8.5) hour tours of duty, with shift start and stop times established by the unit. All time worked in excess of eight and a half (8.5) hours shall be compensated at overtime rates. 3. Roll call will begin at the start of the eight and a half (8.5) hour tour of duty. Accordingly, employees in Non-Neighborhood Patrol Division Assignments shall be compensated for 8.50 hours each day, including a 1/2 hour paid lunch. 4. The Department shall create non-patrol schedules, setting H-days and shift hours, within the following parameters: (i) non-patrol schedules shall not exceed 2,074 working hours per calendar year; (ii) no less than 45% of regular weekly H-Days are weekends (consecutive Saturdays and Sundays); (iii) non-patrol employees shall have off at least two (2) weekends in a 28-day period; (iv) no non-patrol schedule shall have more than five consecutive workdays; and (v) the non-patrol schedule shall have no more than one (1) standalone H-Day in a 28-day period. All other H-days must be connected to at least one other H-Day. While the Department is operating Patrol on the 5/2-5/3 schedule, it has the discretion to use the same schedule for non-patrol units without regard to the parameters set forth in Section A.Error! Reference source not found. to 4 of this Article. B. Hours of Work and Overtime for Neighborhood Patrol Division Assignments 1. The work schedule for employees in the Neighborhood Patrol Division assigned to patrol duties shall be four (4) or five (5) days of work depending on the rotation of the schedule in a calendar workweek (Sunday to Saturday) at 8.50 hours (8 hours and 30 minutes) per day. All time worked in excess of 8 hours and 30 minutes per day shall be compensated at overtime rates. 2. The work period for patrol employees shall be 28 days. 3. There shall be three (3) leave groups from which H days shall be determined. 4. The eight and a half (8.5) hour tour of duty shall consist of a fifteen (15) minute period for roll call at the beginning of the tour and a fifteen (15) minute period at the end of the tour for administrative, training or deployment time as determined at the discretion of the patrol shift commander. 5. The number of officers assigned to each shift shall be at the sole discretion of the Baltimore City Police Department, through the authority of the Police Commissioner. 6. The Police Commissioner shall have the right to modify or change the patrol schedule and/or the start and stop times of the shifts based on community and departmental interests, provided that any modified schedule must remain in effect for a period of no less than twenty-four (24) months. Any changes to the patrol schedule shall occur on or about January 1, to coincide with the first 28-day period after the new year. To modify the schedule, the Police Commissioner must formally announce the modification of the patrol schedule prior to July 1. At least sixty (60) calendar days before the July 1 announcement of a schedule change, the Police Commissioner or his/her designee(s) shall meet and solicit feedback from the Lodge. 7. These provisions shall also apply to any non-patrol unit that follows the Neighborhood Patrol Division schedule as defined in Subsection (1) of this Section. C. Provisions Applicable to All Assignments 1. All days and hours of paid leave shall be treated as hours worked. 2. The Employer shall not vary or rearrange an employee's scheduled tour of duty hours to avoid the payment of overtime when hours of overtime are previously worked unless agreed to at the sole option of the employee. 3. Employees of the Bargaining Unit required to attend roll call preparation as officers in charge (“OIC”) will receive compensation at their appropriate overtime rate. 4. Mandatory Overtime Assignments. a. In the event that the Department shall find it necessary to mandate that a Unit employee work in an overtime capacity that is not contiguous with an employee's regularly scheduled shift, the Department shall make every effort to solicit volunteers from within the employee's unit of assignment to work mandated overtime assignments. b. In the event that there are insufficient volunteers, the Department agrees to permit a reasonable number of employees to be exempt from working mandatory overtime on the basis of exigent circumstances including, but not limited to, family illness, attendance at educational classes, approved secondary employment, pre-paid social events, etc. c. When drafting employees in patrol assignments to work additional hours, after all other options have been exhausted, the following procedure shall be followed: (i) Consult the Shift Seniority List and select the number of employees needed to fill shortages, beginning with the least senior employee. (ii) Once selected for additional hours, the employee shall then be rotated to the bottom of the list. The next employee on the list (not on approved leave) shall then become the first employee to be selected for the next assignment of additional hours. (iii) No employee shall be selected to work additional hours at the conclusion of his or her last scheduled tour of duty before any scheduled day off. (iv) No employee shall be drafted to work more than four (4) hours beyond his/her scheduled tour of duty. (v) No employee shall be drafted on consecutive days. (vi) Where feasible, employees of the on-duty shift will be notified at roll call that they are being drafted to work additional hours, or, in the case of a medical call-out at any time during the employee’s tour of duty, notice will be provided within a reasonable period of time. 5. In the event an employee in a Neighborhood Patrol Division assignment is drafted to work overtime in contravention of one or more of the circumstances set forth in sections 4.c(ii)–4.c(vi) above, that employee shall be granted immunity from being drafted in the twenty-one (21) consecutive calendar days following the date of the infraction. It is agreed, however, that any immunity pursuant to this provision shall not be triggered, and shall not bar overtime drafting, in connection with any extreme emergency unrelated to drafting (e.g., civil disturbance). For purposes of this section, an extreme emergency means the Police Commissioner or the Commissioner’s designee has declared or otherwise directed that an extreme emergency exists. It is understood that this section shall not apply in the event of cancellation of an H-Day, which is governed by Article 7E. 6. Changes to the employee's scheduled work hours with less than forty-eight (48) hours’ notice from the start of the originally scheduled shift shall entitle the affected employee to the payment of two (2) additional hours compensation at the employee's regular rate of pay for each shift worked with less than the required forty-eight (48) hours’ notice. D. Schedule Bidding 1. All officers, in Patrol and Non-Patrol, will bid on their schedule and leave groups. 2. Bidding is based on seniority in grade. Officers currently on a permanent midnight shift shall have preference to stay on midnight shift. 3. Seniority shall be defined as reflected in Addendum Q. 4. The Department shall determine the number of slots available in each shift and leave group. 5. No transfers can occur during the shift bidding period (September 21 -October 8) or during the vacation leave book period (November 1 - December 10), except for transfers due to limited duty status, EEO issues, discipline, demotion, promotion, or assignment from field training. and leave group. 6. The Department will maintain and make available for inspection a seniority 7. Shift bidding occurs annually. 8. Time Line of Schedule and Shift Selectioan2 a. August 1: The Department furnishes a seniority list for employees b. September 1: The seniority list is finalized and published. c. September 15: Available schedules are provided to employees. d. September 21 to October 8: Shift Bid occurs. e. October 15: Employees are notified of their schedules. f. November 1: Leave book period begins. See Article 7B. E. Post Shift Bid Schedule Rules 1. If both employees in the same command and job assignment voluntarily agree to switch shifts and/or leave groups, they may request the switch, which is subject to commander approval which shall not be unreasonably withheld. A Commander must provide a reason for denial in writing stating the justification. 2. Prior to the assignment of new officers to a shift and/or leave group, the District Commander must give officers in the same command and job assignment the option of filling those shift and leave positions, giving preference to those that were involuntarily transferred from the shift and then based on seniority. 3. The Department cannot change an employee’s schedule during the year, unless the employee is moved to a new assignment. In the case of an involuntary transfer due to a significant imbalance which exists between shifts, due to resignations, retirements, promotions, or illness/injury, see subparagraphs 4 and 5 below. 4. In the event a documented significant imbalance between shifts is identified by command, due to resignations, retirements, promotions, or illness/injury, the District Commander must first solicit volunteers within the same command and job assignment to change shifts and leave groups. The Commander will select volunteers based on those that were involuntarily transferred from the shift and then based on seniority and qualifications. If a volunteer is denied the Commander must provide a written justification for the denial. 5. In the event there are not sufficient volunteers to correct an imbalance, the Department may involuntarily transfer employees to remedy the significant imbalance, subject to the following restrictions: a. Involuntary transfers must occur in inverse seniority order, i.e. least senior employee first. b. An employee involuntarily transferred under this section shall only be transferred once per calendar year. c. Employees shall be afforded a period of at least 28 calendar days between notice of the involuntary transfer and the effective date of the transfer. d. An employee impacted by an involuntary transfer pursuant to this paragraph shall receive 17 hours of personal leave to be used within the 28- day notice period to prepare for the transfer. 6. The reason for the involuntary transfer shall be provided in writing. 7. District Commanders may also remedy the significant imbalance by detailing rotating officers on 28 days details until new officers are assigned to the district. F. Special Transfer Rules If an employee is placed in a temporary non-full duty status and involuntarily transferred to another shift and/or leave group, such as a light duty officer being transferred to ADD, then when the employee is returned to full duty they will be re-assigned to their original shift and leave group. ”

11. Compensation

Text of Article 11:

“ A. FISCAL YEARS 2022-2024 COMPENSATION Compensation shall be as set out in the revised Addendum B Salary Schedules. Progression within the rank of officer or flight officer shall be as set out in Addendum B. It is agreed that the hourly rates set forth on the Salary Schedule shall govern employees’ compensation and that the annual salaries are illustrative only (based on an assumed number of hours per year). This salary schedule supersedes all other salary scales and longevity pay provisions set out in prior agreements. B. PAYMENT DATES All remuneration due to or elected by an employee shall be based on the date on which the employee's anniversary date falls within the pay period. In the event that the employee's anniversary date falls within the first half of the pay period, the employee shall receive the payment for the entire pay period. If the anniversary or promotion date falls within the second half of the pay period, the payment shall be made as of the next succeeding pay period. The City agrees that an employee’s new salary shall be effective as of the actual date of his/her promotion. C. The Employer will pay all remuneration due to or elected by an employee as provided in Paragraph B above. The parties agree that the failure to effect a pay adjustment on time is a violation of this Memorandum, subject to the grievance procedure herein. The City agrees to rectify the error as soon as possible. D. SHIFT DIFFERENTIAL Effective July 1, 2021 through December 31, 2021, all employees covered by this Memorandum are entitled to pay at their scheduled rate plus a differential of $.45 per hour if assigned to a tour where the majority of their work hours occur between 10 p.m. and 6 a.m., or $.40 per hour if assigned to a tour where the majority of their work hours occur between 2 p.m. and 10 p.m. Effective January 1, 2022, all employees covered by this Memorandum are entitled to pay at their scheduled rate plus a differential of $1.00 per hour if the employee is assigned a tour where a majority of their work hours occurs between 2 p.m. and 6 a.m. E. TUITION REIMBURSEMENT The Employer shall maintain a fund of $350,000.00 per fiscal year for a tuition reimbursement program. Within budgetary constraints, an employee shall be granted benefits under this Article and shall be reimbursed, providing the employee meets all qualifications as listed in the Administrative Manual, for 50% of the tuition cost of a maximum of 10 credits per semester, consisting of no more than 4 courses for taking a job-related course or in a degree program that benefits the City services. To receive the benefit the Employee must obtain a grade of an “A” (GPA 4.0), a “B” (GPA 3.0) or a “C” (GPA 2.0). The Employee must document completion of the course with a transcript from the education program in which he/she was enrolled. Additionally, to qualify for reimbursement, college credits must be received by the Employee for courses taken and successfully completed at an accredited educational institute. The BPD will meet and confer with the FOP to develop policies and procedures for administering tuition reimbursement. F. ON-CALL STIPEND Effective January 1, 2022, employees placed on call will be given written notice placing them on call for a specific period of time, and employees placed on call by written notice shall receive $20 for each shift they are on call. ”

12. Secondary employment

Text of Article 12:

“ A. An employee may work in approved secondary employment not to exceed thirty-two (32) hours per week. No more than twenty (20) of those hours shall be worked in assignments outside those administered by the Overtime Unit unless the remaining 12 hours of City Secondary are not available, in which case the employee may work up to the 32 hour limit without restriction. The Police Commissioner may authorize other approved secondary not subject to the twenty (20) hour limit such as hotels, hospitals, and schools. During a week where the employee is off five (5) or more leave days, other than medical leave, an employee shall not work more than forty (40) hours of approved secondary employment. ”

13. Court time

Text of Article 13:

“ When an employee is required to attend two (2) or more courts on the same day, with a starting time of two (2) or more hours between each court on the employee’s H Day or during non-regularly scheduled working hours, the employee shall receive a minimum compensation of four (4) hours at time and one-half (1½). In other respects, present court time policy shall continue. ”

14. Protection against liability

Text of Article 14:

“ Protection against liability shall be in keeping with Section 16-13 of the Code of Public Local Laws of Baltimore City. However, legal counsel will be provided in any civil case when the plaintiff alleges that an employee should be held liable for acts alleged to be within the scope of his employment and/or his official capacity. In exchange for the City of Baltimore’s agreement to provide legal counsel as provided for herein, the employee and/or employee’s counsel shall provide documents or transcripts produced in the Court proceedings to the office of the City Solicitor upon its request. The requirement to produce said documents shall be limited to those cases where the City is requested to authorize a monetary settlement or pay a judgment for monetary damages. In no event shall the City be entitled to receive any documents in any case where a verdict is rendered in favor of the defense. In the event the current contract for providing legal services is terminated, the Lodge and the Department agree to make a joint recommendation to the City Solicitor for specifications for successor counsel. Subject to the fellow-employee exclusion provision and approval of the Board of Estimates, indemnification will also be provided to any employee who is made a defendant in litigation arising out of acts within the scope of their employment. The City will provide indemnification to any employee who is made a defendant in litigation arising out of acts within the scope of their employment that results in a monetary judgment being rendered against the employee. ”

15. Discipline

Text of Article 15:

“ A. Effective July 1, 2022, all complaints within the jurisdiction of the Maryland Police Accountability Act of 2021 - Police Discipline and Law Enforcement Programs and Procedures, HB 670, 2021 Md. Laws Ch. 59 (herein “HB 670”), will be adjudicated exclusively in accordance with the procedures created by HB 670. To the extent any misconduct complaint is not covered by HB 670 (including complaints originating after ratification of this Agreement through June 30, 2022), the disciplinary procedures contained in this Article will govern. B. Suspension 1. Emergency suspension with or without pay may be imposed by the Department when it appears that the action is in the best interest of the public and the law enforcement agency. Any employee arrested and charged with a criminal offense, a serious traffic violation involving death or serious personal injury, and/or an act alleged or committed by such employee of such a nature that, in the judgment of the appropriate superior officer, the interest and welfare of the public, the Department, or the individual is best served by such action, such employee shall be immediately suspended from duty with pay. When an employee is charged with a criminal offense, said charge(s) shall be supported at least in part by the investigative findings of another law enforcement officer. Any employee suspended from duty with pay shall be given a suspension hearing as soon as reasonable following the suspension from duty, wherein a determination will be made at that time whether or not the employee shall remain suspended with or without pay and/or be placed on administrative duties. Until June 30, 2022, suspension without pay may only be imposed in accordance with this Section and only in the case of an employee charged with a felony. Effective July 1, 2022, the foregoing sentence shall be of no further force and effect and the parties will follow HB 670’s requirement set forth in 3-107(A)(1). 2. Any employee who is suspended without pay on the basis of pending criminal charges and who is found not guilty, or who has the criminal charges dropped entirely shall be immediately reinstated to pay status with all benefits, including but not limited to health, incremental pay raises, and all lost pay from the effective date of his/her suspension through the date of reinstatement to pay status, except in a case where the State has an appeal pending. In felony cases, where the case has been reduced to a misdemeanor or some less charge, the employee shall be reinstated to pay status with all benefits pending any further administrative hearing on the matter to determine whether or not the employee shall be returned to duty. C. Discipline for Minor Violations 1. The Department shall provide to counsel for an accused employee a copy of the Public Integrity Bureau (“PIB”) case book material at least 30 days before the trial board proceeding begins, unless a shorter period is mutually agreed upon by the Department and counsel. The PIB case book material excludes information that discloses an investigative technique, the identity of confidential sources, and recommendations as to charges, disposition or punishment. 2. For Minor disciplinary matters, where a one person Departmental Hearing Board is established at the discretion of the Department, with said person being a sworn law enforcement officer of the agency, such hearing shall be scheduled no sooner than thirty (30) days from the date that counsel for the accused receives a copy of the charges and the PIB case book material, unless a shorter period is mutually agreed upon by the Department and Counsel. 3. No individual assigned to the Traffic Section may sit as a member of the Traffic Accident Review Board. 4. For purposes of this Paragraph B, Minor Violations are defined as violations in which no more than a 3-day suspension or a $150 fine may be imposed. D. Discipline for Major Violations 1. The Department shall provide to counsel for an accused employee a copy of the PIB case book material at least 30 days before the trial board proceeding begins, unless a shorter period is mutually agreed upon by the Department and counsel. The PIB case book material excludes information that discloses an investigative technique, the identity of confidential sources, and recommendations as to charges, disposition or punishment. 2. For major disciplinary matters, where a five (5) person Departmental Hearing Board is established, such hearing shall not be scheduled any sooner than thirty (30) days from the date that counsel for the accused receives a copy of the charges and the PIB case book material, unless a shorter period is mutually agreed upon by the Department and counsel. 3. A unit employee shall have the option of a Departmental Hearing Board conducted by a panel composed of an Administrative Law Judge (hereinafter “ALJ”); three sworn members selected in accordance with Paragraph E; and two voting civilian members who have been selected in accordance with the process outlined in Addendum J to this Memorandum of Understanding. If the employee is represented by counsel, the counsel shall, with the consent of the employee, have the option of selecting the ALJ process. If the employee is unrepresented, the employee shall make the selection. The ALJ will act as the Departmental Hearing Board Chairperson and make evidentiary and legal rulings but will not be a voting member of the panel during deliberations on verdict or sentencing. In no event shall an ALJ be appointed to a Departmental Hearing Board without the consent of the accused employee or his/her counsel of record. 4. If the unit employee declines the option of including an ALJ on a Departmental Hearing Board as defined in Paragraph D.3 herein, the Board will consist of three sworn members selected in accordance with Paragraph E herein; and two voting civilian members who have been selected in accordance with the process outlined in Addendum J to this Memorandum of Understanding. 5. No individual assigned to the Traffic Section may sit as a member of the Traffic Accident Review Board. 6. The Department agrees to choose panel members on a rotating basis from each pool. The Department shall give the Lodge notice and opportunity to be present when the rotation list is established, and the Lodge may designate either Lodge Representative or designee who may observe the creation of the rotation list. 7. For purposes of this Paragraph D, Major Violations are defined as violations in which 4-days or more suspensions/loss of leave or more than $150 fine may be imposed. E. Composition of Departmental Hearing Boards. In cases for major discipline violations, Hearing Boards will consist of five (5) voting members. Two (2) civilians will participate as voting members in accordance with Addendum J. In addition, three (3) sworn members will participate as voting members. One sworn member will be of equal rank to the accused officer. The highest ranking sworn member will serve as the chairperson. The composition of the randomly selected three (3) sworn members will be as follows: ”

ACCUSED OFFICER’S RANK	COMPOSITION OF BOARD
Police Officer	One (1) Exempt Rank One (1) Lieutenant One (1) Police Officer (Equal Rank)
Sergeant	One (1) Exempt Rank One (1) Lieutenant One (1) Sergeant (Equal Rank)
Lieutenant	Two (2) Exempt Rank One (1) Lieutenant (Equal Rank)

“ The Department agrees to choose panel members on a random basis by computer from those management and unit members who are in the Board pools. The Department shall give the Lodge notice and opportunity to be present when the panel is chosen and the Lodge may designate either Lodge Representative or designee who may observe the random selection of the panel. The Department agrees to maintain the minimum numbers of Exempt Rank officers in the pool at twenty (20), Lieutenants at twenty (20), Sergeants at twenty (20) and Police Officers at twenty (20). The pool of Exempt Rank Officers shall also include command staff, under the Deputy Commissioner rank, other than those who have been excluded for bona fide reasons by the Commissioner or his designee. On a semi-annual basis, the FOP will be provided a list of twenty-five (25) sworn officers in each of the Board pools of “qualified candidates,” from which the FOP shall be able to remove up to five (5) candidates from each semi-annual list for Exempt Rank, Lieutenant Rank, Sergeant Rank, Officer Rank, to create the twenty (20) member pools. A qualified candidate is defined as a sworn law enforcement officer who has received training developed and conducted by the BPD. The BPD, the City, and the FOP will meet and confer over the training program, in which the FOP will have the opportunity to provide input with respect to the content of the training and to observe during the training sessions. F. Upon request, PIB will expeditiously complete an investigation that it has initiated into alleged misconduct by an employee. G. Within ten (10) days after PIB’s report of the results of its investigation has been confirmed, the Department shall advise the affected employee of its finding, i.e., whether sustained, not sustained, unfounded or exonerated. If the investigatory report is to be referred to the Civilian Review Board (CRB), the Department may advise the employee that the result is subject to revision. It is understood that where an investigation of a charge encompasses multiple charges growing out of the same incident, advisement concerning the outcome may be deferred pending completion of the entire investigation. H. Until June 30, 2022, if an accident is found to have been non-preventable, all records of the accident shall be expunged from the employee's file. If an employee requests expungement of a formal complaint or other material from any file of the employee pursuant to the Law Enforcement Officers' Bill of Rights, the complaint and/or material shall be expunged within sixty (60) days of the request. The Department agrees promptly to give the employee written notice that the records have been expunged pursuant to his or her request. Effective July 1, 2022, the prior paragraph shall be of no further force and effect, and the parties shall follow HB 670’s requirement that records relating to administrative or criminal investigations of misconduct shall not be expunged or destroyed (HB 670, § 3-112). I. Until June 30, 2022, no Departmental Hearing, except a Suspension Hearing, shall be held on any charges that relate to conduct which is also the subject of a criminal proceeding, until such time as criminal charges are disposed of prior to any appeal, except an appeal de novo to a Maryland Circuit Court. Effective July 1, 2022, the prior paragraph shall be of no further force and effect, and the parties shall follow HB 670’s requirement that an officer can be compelled to submit to interrogation and that the interrogation is not admissible or discoverable in a criminal proceeding. J. Pending PIB investigations into off-duty, non-criminal misconduct shall not bar consideration for promotion. If an employee under investigation for any other reason is passed over for promotion solely because of a pending investigation and is then cleared, the Police Commissioner will consider the individual for promotion to the next available vacancy and will make application to the Civil Service Commission for a waiver if necessary to make promotion from an expired list. The decision of the Police Commissioner and the City's Personnel Director is final and not subject to the grievance procedure. K. The parties will follow the Maryland Public Information Act, General Prov. Title 4 (as repealed and reenacted with amendments by 2021 Md. Laws Ch. 62, the Maryland Police Accountability Act of 2021 - Search Warrants and Inspection of Records Relating to Police Misconduct (“SB 178”)) . Records relating to administrative or criminal investigation of misconduct shall not be withheld as “personnel records,” subject to exceptions enumerated in the General Provisions Article of SB 178. L. Should the Department require an employee to forfeit vacation as punishment for a sustained offense or violation, the employee shall have the option to be suspended for the same period or to pay an equivalent fine. It is understood that the Department's policy is to give a priority to vacation forfeiture over mandatory fines or suspensions. M. The Department shall make every effort to impose suspensions without pay so as to avoid the cessation of Employer health care benefits due to non-payment of required Employer/Employee contributions. In the event that the Department shall levy a suspension without pay of sufficient duration to require the employee to pay for continuance of his/her Employer’s sponsored health benefits, the Department agrees to pay its proportionate share of the cost of health benefits on behalf of the suspended employee for the pay period(s) so affected. N. A traffic safety review board shall conduct a hearing to determine if a departmental accident is preventable or non-preventable. If the Board determines the accident to be preventable, it shall recommend disciplinary punishment in accordance with the Department's traffic accident disciplinary matrix. O. Until June 30, 2022, the Department agrees to establish a protocol for advising employees that three (3) years have elapsed since a finding by the Department or a Hearing Board that a formal complaint was either not sustained, exonerated, unfounded, or a Hearing Board acquitted the accused employee, dismissed the action, or made a finding of not guilty, and that the employee may request expungement of such matter from any file containing the record of the formal complaint. Effective July 1, 2022, the prior paragraph shall be of no further force and effect, and the parties shall follow HB 670’s requirement that records relating to administrative or criminal investigations of misconduct shall not be expunged or destroyed (HB 670, § 3-112). P. The Department agrees that employees should not be disciplined and shall not be terminated from employment solely on the basis of being placed on the “witness do not call list” by the office of the State’s Attorney for Baltimore City. Q. Until June 30, 2022, the Department agrees to expunge any allegation in an employee’s file three years after a finding of “un-sustained, exonerated, unfounded or when a hearing board acquitted the law enforcement officer, dismissed the action, or made a finding of not guilty.” The Police Commissioner shall convene a committee with an equal number of representatives from the Department and the Lodge to discuss the implementation of this policy and related issues. Effective July 1, 2022, the prior paragraph will be of no further force and effect, and the parties will follow HB 670’s requirement that records relating to administrative or criminal investigations of misconduct shall not be expunged or destroyed (HB 670, § 3-112). R. When an employee is required to make a statement in reference to a complaint being investigated by the Department, the employee shall be given a copy of any prior statement or report which that employee wrote/authored relating to the complaint being investigated. S. The Department agrees to provide counsel with a calendar of Trial Board Hearings on a regular basis ( e.g. monthly) so that counsel has sufficient advance notice of trial board hearings. An accused employee who is not represented shall be given reasonable advance notice of his/her hearing. T. When an employee is required to give a statement pertaining to a complaint of misconduct by the employee, the Department shall provide the employee with a notice of internal investigation that includes notice of: (a) the employee’s right to legal counsel; (b) the date and location (if applicable) of the incident; (c) the nature of the conduct for which the employee is being questioned, including a brief description sufficient to provide a reasonable employee with notice of the allegations against him or her; and (d) the nature of the allegations ( e.g., excessive force in making an arrest; the circumstances involved in the discharge of his/her weapon including the date and location; unlawful arrest; etc.). The Department may question the employee (as part of the statement) regarding any matter relating to the misconduct in question regardless of whether it is specified in the document(s) provided. U. Upon the conclusion of a Departmental Hearing, if the officer is found guilty of any administrative charge, the officer will be informed of the Board’s recommended disciplinary action to the Commissioner. V. The parties will form a joint labor-management committee as soon as administratively feasible following ratification of the MOUs to discuss the provisions of LEOBR that should be part of the disciplinary process which will govern complaints not covered by HB 670 and to address any legislative changes to HB 670. If the parties are unable to agree on such a process, the procedures in effect through June 30, 2022, as modified above, shall remain in effect, and the parties will engage a mutually agreed mediator to assist the parties in a non-binding capacity with resolution of any remaining issues, with the costs of such mediator shared equally. ”

16. Uniforms and clothing

Text of Article 16:

“ A. The Department agrees to consider suggestions from the Lodge regarding the selection of replacement coats. New coats shall be issued in keeping with established replacement standards. B. An annual clothing allowance shall be paid, on a quarterly basis, to employees assigned to plainclothes positions designated by Policy 1805. Effective March 21, 2017, the clothing allowance shall be $500. C. The department shall provide up to four boxes of practice ammunition for use by employees at firing ranges operated by the BPD in each fiscal year as a part of their annual uniform and equipment allotment. The Quartermaster will issue a paid slip upon request by an employee. Upon presentation of the paid slip to the District Range Officer, the appropriate box of practice ammunition will be provided for use at the BPD range. No practice ammunition is authorized for use outside the BPD firing range where issued. In addition, the Department will issue each employee an approved departmental flashlight. Such light will be considered a part of the employee’s standard issued equipment. Replacements will be issued thereafter consistent with Departmental Policy. The type of flashlight available shall be determined by the Department, and may change from time to time as determined by the Police Commissioner. ”

17. Educational incentive pay

Text of Article 17:

“ Effective January 1, 2022, the current Education Incentive Differential (EID) rates from the pre-existing salary schedules shall be eliminated and, in their place, the following Educational Incentive Pay program will be applied. The salary schedules contained in Addendum B reflect the new Educational Incentive pay allowances. Upon successful completion of field training and promotion to the rank of Police Officer, an officer who has received or obtains one of the degrees set forth below from an accredited college or university shall receive an annual incentive allowance added to their hourly rate, as follows:  $1,500 for associate’s degree ($0.723/hour)  $3,000 for bachelor’s degree ($1.446/hour)  $4,500 for master’s degree and above ($2.169/hour) Educational incentives are not cumulative, but rather the employee will be entitled to the highest incentive based on the degree(s) obtained. In the event an employee obtains a new or higher degree during employment, the employee will submit to the Department proof of degree attainment. Upon verification and approval by the Department, within thirty (30) days of submission, the employee’s pay will be adjusted effective on the first day of the pay period following the date of submission by the employee. Any current employee with an EID classification will be adjusted to the non-EID rate, but will receive the annual incentive allowance as part of their hourly rate, spread over twenty-six (26) pay periods. The hourly rate will be calculated by dividing the annual educational incentive by 2,074 hours. Educational incentive pay will be included in the regular rate for overtime purposes. In addition, it will be counted as part of the employee’s annual salary for pension purposes, consistent with the prevailing Fire & Police Employees Retirement System regulations, and reflected on the salary schedules. ”

18. Disability

Text of Article 18:

“ The Department and Counsel for the Lodge shall meet and confer for the purpose of adding additional qualified psychologists and psychiatrists to those the Department uses to evaluate if an employee is fit for duty. No psychologist or psychiatrist shall be appointed to the panel without the Department's concurrence. ”

19. Joint labor-management liaison committee

Text of Article 19:

“ There shall be established within the Department a Joint Labor-Management Liaison Committee consisting of up to four (4) representatives of the Department appointed by the Police Commissioner and up to two (2) representatives from Unit I and up to two (2) representatives from Unit II. The Committee shall meet not less than quarterly except upon the majority consent of the Committee. It shall consider, evaluate, and, if in agreement, shall make recommendations to and/or advise the Police Commissioner and/or his designee with respect to specific matters bearing upon the economy, efficiency, or other improvement in Departmental operations and/or upon the welfare of its employees whether or not such matters are negotiable. Lodge Representatives shall be deemed to be in duty status while attending such meetings. ”

20. Bulletin boards and communications

Text of Article 20:

“ A. The Department agrees to provide reasonable bulletin board space labeled with the FOP logo and name within each District and Division for the purpose of allowing the Lodge to inform its membership of Lodge business and activities. The Lodge President and/or Lodge Secretary shall sign all such notices. No scurrilous or defamatory material shall be posted. The Department shall remove any materials posted in violation of this Section. The space so designated shall be maintained in an orderly manner, to include periodic removal of outdated material. B. The Department will permit the Lodge to use the Departmental mail system for non-bulk communication to select members of the bargaining unit. All mail must bedirected by name and assignment and will not exceed fifteen percent (15%) of the membership of the Lodge at any one (1) mailing. C. The Department shall permit a designated representative of the Lodge to address recruit classes for two (2) consecutive class periods of not less than forty-five (45) minutes each. During the term of this Memorandum, a representative of the Lodge, designated by the President, will be allowed one-half of an hour to address each inservice training group. Upon prior notification to the Lodge President, the Police Commissioner reserves the right to revoke this arrangement. ”

21. Administrative leave for lodge representatives bulletin boards and communications

Text of Article 21:

“ A. During the term of this Memorandum, the President of Baltimore City Lodge No. 3, Fraternal Order of Police, Inc., and two (2) members of Baltimore City Lodge No. 3 as designated by the President, shall be granted a full-time leave of absence from their duties for the Police Department, mandated in-service training excepted, but shall remain on the payroll of the Police Department for the purpose of performing full-time duties on behalf of the Lodge. During such leave, the President and two designated members shall continue to accumulate seniority and shall receive all benefits as if they were fully on duty including, but not limited to, pension accruals and fringe benefits. B. A paid leave bank of 300 days per year shall be created for employees of the Lodge to use to attend scheduled conferences, seminars, Board and Committee meetings and conventions. The bank may be used interchangeably with Unit II. Each use shall be requested in advance by the President of the Lodge (or his designee) in writing, specifying the person or persons using such leave, the hours requested, and the purpose for the leave. The request shall be granted, subject to the needs of the Department. Each Unit employee permitted to be absent pursuant to this provision shall be responsible for giving his supervisor advance notice of absence from work for Lodge business. C. The President of the Lodge and two (2) persons designated by him shall be permitted to visit Police Districts, Units, and other work locations in connection with grievance matters. Visits shall be preceded by reasonable notice. D. The Department shall permit use of its Police Districts and other designated work locations for the purpose of conducting election voting, which shall be conducted without interference with regular business operations. E. The Department shall provide the Lodge with a roster of all new sworn employees and their addresses. ”

22. No strike, secondary boycott or lockout

Text of Article 22:

“ A. The Lodge agrees that during the term of this Memorandum it shall not engage in, initiate, sponsor, support, or direct a strike or secondary boycott or directly or indirectly picket the Employer or any of its property in furtherance of a strike. The Employer agrees that there shall be no lockout during the term of this Memorandum. B. If the Lodge shall violate any of the provisions hereof: 1. Its designation as exclusive representative may be revoked by the Department; 2. It may be ineligible to participate in elections or to be certified as exclusive representative for a period of two (2) years thereafter; and 3. The Department may refrain from making payroll deductions for such organization's dues for a period of two (2) years thereafter. C. Nothing in this Memorandum shall deprive the Employer of remedies available to it under applicable law in the event of a strike. ”

23. Working Conditions

Text of Article 23:

“ A. VACATION REQUESTS Special vacation requests that deviate from current policy shall be considered. B. WORK OUT-OF-TITLE 1. Employees shall not be assigned to perform painting or maintenance of buildings and grounds, except upon mutual agreement. If a bargaining unit employee is directed temporarily to assume the responsibilities and privileges of a higher rank or if designated and fulfilling the duties of Field Training Officer he or she shall receive additional compensation. If so designated as acting out-of-title at the start of the employee’s tour of duty, the employee shall be paid out-of-title for the entire day unless the employee fails to complete the tour of duty for circumstances beyond the control of the Department. No two employees may work out-of-title in the same position. The out-of-title compensation shall be $14.00 per day. Field Training Officer compensation shall be $40.00 per day. Effective January 1, 2022, Field Training Officer compensation shall be increased to $50.00 per day. C. LOST OR STOLEN PROPERTY If an employee has reimbursed the Department and the lost property is subsequently recovered without damage, the Department will refund the reimbursement. D. FOOTWEAR Employees in the unit may wear military-style black leather boots that retain a shine, except when the Class A uniform is worn on formal occasions. E. “DETECTIVE” TITLE The title “Detective” shall be restored to employees in the Applicant Investigation Units of the Recruitment Division. F. DETAILS 1. In the event that an employee is detailed to another position, that employee's vacated position will not be permanently filled by another employee. Upon the expiration of the detail, the detailed employee will be returned to his/her former position. 2. Any employee who is involuntarily detailed outside of his/her assignment for more than thirty (30) days shall have the opportunity to challenge the detail to the Deputy Commissioner of his/her corresponding bureau. G. BODY ART Employees in the bargaining unit who are engaged in any assignment that requires the employee to wear summer Departmental uniform, i.e. short sleeve shirt, who display any visible body art, except for body art that shall be located on the employee’s face, shall be supplied at the Department’s sole expense with a sufficient number of long sleeve tropical shirts and/or cosmetic make-up to cover the displayed body art. Employees who must wear the long sleeve tropical shirts as described herein shall NOT be required to wear a neck tie while wearing the long sleeve tropical shirt. H. The FOP shall be afforded the opportunity to provide meaningful input to the process of evaluating boundaries for possible current post, sector and district realignment. ”

24. Promotions and transfers

Text of Article 24:

“ A. PROMOTIONS 1. There will be at least sixty (60) days’ notice in advance of written examinations for promotions. All relevant study materials for promotional examinations shall be made available to employees at least sixty (60) days prior to the written examination. 2. When a funded vacancy involving promotion occurs in the bargaining unit, the Commissioner shall have forty-five (45) calendar days following the date of the vacancy to fill the position. B. TRANSFERS 1. The Department agrees to post notice for a period of five (5) consecutive days on appropriate bulletin boards and Departmental E-mail systems of all vacancies that it intends to fill by permanent transfer to any position other than patrol and the Commissioner’s Office. Assignments within any Bureau, Division, Section or Unit will continue to rest with Command. Notice of the posting will be given at roll call. Employees may submit written requests for consideration of the posted vacancy. Every employee who is eligible for consideration will be interviewed by the appropriate Command. When the vacancy is filled, applicants shall be notified as to whether they received the position. Requests which were submitted and interviews conducted shall remain active for sixty (60) days for any vacancies which may arise. The Department shall also consider new requests for consideration which may be filed for subsequent vacancies. The current system to accept District-to-District transfer will continue, but requests will have a one (1) year life and therefore must be renewed on a yearly basis. Seniority, meaning length of service in rank, shall be considered. The foregoing shall not apply to transfers of persons determined by the Police Medical Director to be permanently unable to perform all the duties of a Police Officer, Police Agent, Flight Officer, Sergeant, or Lieutenant due to disabling conditions but who are capable of performing the essential functions of a full duty administrative position as determined by the Police Medical Director. Any employee selected in accordance with the procedure as set forth herein to fill a posted vacancy shall be permanently assigned to that vacancy immediately upon his/her selection and may not be detailed to that vacancy. C. INVOLUNTARY TRANSFERS An involuntary transfer occurs when the Department permanently transfers an employee (as distinguished from a detail) to another assignment and the employee objects to the transfer. Such transfers must be made for legitimate business or operational reasons, including but not limited to staffing needs and performance, and if done so, shall be sufficient reason for the transfer. Employees who wish to contest such a transfer may file a grievance under Article 5. Should such a grievance go to arbitration, the Employer shall be required to articulate the legitimate business or operational reason for the transfer. ”

25. Property reimbursement

Text of Article 25:

“ A. If an employee's contact lens(es) is lost or damaged as a direct consequence of the performance of law enforcement duties, he or she will receive a voucher for a replacement lens(es) at a provider arranged for by the Department which can replace the lost or damaged lens(es). This replacement will be available only once per employee during each year(s) of this Memorandum. B. The Department's Property Reimbursement Schedule shall be revised to provide as follows: Sunglasses $33.50 Hearing Aid $150 Watch. $50 Watchband/Watch chain $15 Tie. $9 Shirt $18 Trousers $50 Jacket $95 Sweater $30 Suit (Trousers & Jacket) Shoes $140 Raincoat $55 Topcoat $100 Pager $50 Cellular Telephone $100 ”

26. Medical leave policy

Text of Article 26:

“ PART I POLICY A. Effective June 25, 1997, new employees of the Police Department shall accrue medical leave at the rate of eight and one half (8.5) hours for each month of completed service. Employees must be in pay status at any time during the payroll period in which their anniversary date occurs in order to accrue medical leave. Accrued medical leave may be used for non-line-of-duty illnesses or injuries. Employees hired after June 25, 1997, shall be included in the same medical leave program and policy for line-of-duty illnesses or injuries as those employees hired prior to June 25, 1997. Employees who accrue medical leave at the rate of eight and one half (8.5) hours for each month of completed service shall be permitted to utilize any accrued medical leave in accordance with the Family and Medical Leave Act. Employees hired before June 25, 1997, shall continue to use medical leave on an as needed basis. B. In the event that an employee shall suffer a line-of-duty injury or illness, said employee shall remain in paid status without being charged medical leave until such time as a decision is made by the Department’s designee as to whether or not the injury or illness shall be classified as line-of-duty or non-line-of-duty. The employee shall be paid an amount equal to sixty-six and two-thirds percent (66 2/3) of his/her regular pay which may be excluded from federal adjusted gross income and therefore is not subject to either federal or state income tax (standard Workers Compensation benefit). In addition, the Employer shall provide a supplement to the standard Worker's Compensation benefit so that the gross pay of the employee is equal to eighty-five percent (85%) of the employee’s regular gross pay. If it is determined that the injury is non-line-of-duty and the employee has been paid for days in excess of his accrued leave days, he shall repay or be docked for such pay. An employee may repay any amount owed by using medical leave, vacation leave or P leave hours or by having his pay docked; provided, however, that in no instance shall the Department dock an employee more than 25% of any paycheck. PART II NOTIFICATION REQUIREMENTS A. Any employee who is unable to report to work because of medical leave must contact his or her Unit of assignment not later than one (1) hour prior to the scheduled tour of duty unless exigent circumstances exist. B. An employee on medical leave will be required to notify his or her Unit of assignment no less often than weekly for Medical Leave usage spanning more than one week, and whenever the employee’s expected return to work date changes. C. When an employee is home and on medical leave, the employee must notify his or her Unit of assignment when leaving home and upon return. An employee is to remain at home, except to go to a medical facility, pharmacy, polling place, place of worship, or retail outlet which sells primarily food, or in the event of exigent circumstances. Employees may not leave home for any other reason, except with the approval of their personal physician, their Commanding Officer/designee or the Administrative Duties Division/Medical Section. The basis for the preceding is to allow employees who are unable to work because of illness or injury to leave their home for personal needs which are basic. Abuse of this procedure constitutes a violation of this Policy and is subject to disciplinary action. In the event an employee receives approval from the Medical Director for unrestricted medical leave at home, the notification of his or her Unit of assignment when leaving and returning home shall be waived. There shall be no home visits between the hours of 10:30 p.m. and 6:00 a.m. PART III MEDICAL CERTIFICATION REQUIREMENTS A. An employee shall submit a Medical Leave Certification for all absences of three (3) or more consecutive days upon the earlier of their return to work or the fifth (5th) consecutive calendar day of absence. B. Medical Leave Certification must contain the following information: 1. Date and time of treatment; 2. Address, phone number, office email address, and medical specialty of health care provider; 3. Date and signature of health care provider; 4. Medical facts to support the absence, such as a statement that the employee is absent due to a personal injury or illness; and 5. Expected date of return to duty. C. To the extent such Medical Leave also qualifies as leave under the Maryland Healthy Working Families Act, the Certification also will contain verification that the leave was used for qualifying circumstances under that law. D. In the case of Medical Leave usage that also may qualify as Family and Medical Leave (FMLA), an FMLA medical certification, if submitted within the time frame above, will qualify as Medical Leave Certification. The employee, however, has the option to submit a separate FMLA medical certification within the time frame required under the FMLA (i.e., 15 calendar days), in which case a timely Medical Leave Certification in accordance with this policy is still required. E. All medical certifications (Medical Leave and FMLA) will be submitted to the Department Administrative Duties Division/Medical Section or its designee. Medical certifications may be submitted electronically or in hard copy to meet the submission deadline above; provided, however, that the original hard copy must be submitted no later than the date on which the employee returns to work, or earlier upon request of the Department, provided the employee is medically able to comply with this request (and, if not, as soon as practicable when medically able). F. Any employee who is on medical leave shall not be required to report to any medical facility for the purpose of determining that employee’s fitness for duty between the hours of 7:00 p.m. and 7:00 a.m. This provision shall not apply to employees in the medical abuse program. PART IV MEDICAL LEAVE ABUSE CONTROL PROGRAM A. Any employee who in a twelve (12) month period utilizes a total of eight (8) uncertified medical days, or who reports on medical leave on four (4) separate uncertified occasions, or who utilizes fifteen (15) or more medical days regardless of certification, may be placed in the Medical Leave Abuse Control Program, hereafter known as “the Program,” by his or her Commanding Officer after consultation with the Administrative Duties Division/Medical Section. Nothing in this Policy shall be construed to prevent the Police Commissioner from taking formal disciplinary action for violation of the policies of the Department. First consideration, however, should be given to the application of the Program. B. An uncertified medical day or occasion is the use of medical leave, regardless of duration, for which no doctor's certificate (as outlined in Part II, Section B) is submitted to the employee's immediate supervisor. C. In addition, an employee who uses medical leave in a manner described below may be placed in the Program: 1. Uncertified usage before or after regular days off (three (3) occasions); 2. Uncertified usage on any specific tour of duty in the case of those employees who rotate shifts (three (3) occasions); 3. Uncertified usage on a specific day of the week (three (3) occasions); or 4. Usage of medical leave after being denied other leave (two (2) occasions). D. Commanding Officers will retain the discretionary authority to exempt employees meeting the above criteria, based on mitigating factors. Command will consult the Administrative Duties Division/Medical Section prior to placing any employee in the Program. E. Both the Department and the Lodge recognize that by its very nature police work carries with it the risk of severe injury. For this reason, any employee who sustains a significant injury in the performance of his or her duties during the twelve (12) month period will be exempted for that period in all cases where his or her medical record would not otherwise justify inclusion in the Program. 1. The exemption stated above will expire upon the earlier of: a. The passage of twelve (12) months from the date of injury; or b. The employee reaching maximum benefit of medical treatment for this injury as determined by his or her treating physician and/or the Medical Director. 2. The Medical Director shall make the determination in these matters. F. An employee shall remain in the Medical Leave Abuse Control Program for one (1) year from the date of being so designated. Continued absenteeism for medical reasons may subject the employee to an extension in the Program and/or may constitute just cause for disciplinary action. G. Upon placement or extension in the Program, the employee shall be notified in writing by his or her Commanding Officer within five (5) working days. This written notification shall also include the date the employee is scheduled to return to normal status. H. An employee placed in the Program may appeal through the established grievance procedure. For the purposes of this Program, in Step 4 of the grievance procedure, the Deputy Commissioner of the Administrative Bureau shall be the Police Commissioner's designee. I. When an employee who has been placed in the Program is home on medical leave, the employee must notify his or her Unit of assignment when leaving home and upon return. An employee is to remain at home except to go to a medical facility, pharmacy, polling place, place of worship, or retail outlet which sells primarily food, or in the event of exigent circumstances. Employees may not leave home for any other reason, except with the approval of their Commanding Officer/designee. Should the employee be refused permission to leave home and should the employee feel that there is a medical necessity for this request, said employee may appeal the denial to the Medical Director. J. Any employee who utilizes less than eight (8) medical days and less than four (4) separate occasions during the one (1) year period as designated will automatically return to normal status. Commanding Officers will retain the discretionary authority to return an employee to normal status who exceeds the above guidelines in a case where he or she suffers a clear-cut, bona fide, line-of-duty injury during the time frame in question. K. The Lodge shall be notified on a quarterly basis of all bargaining unit employees placed into the Medical Leave Abuse Control Program as well as those who have completed the Program and are returning to regular status. L. An employee who has been placed in the Medical Leave Abuse Control Program shall be subject to the following sanctions: 1. The employee shall be required to obtain a doctor's certificate for all subsequent uses of medical leave, regardless of duration, while in the Program. This certificate must be submitted within two (2) working days after the employee returns to duty. 2. Notwithstanding other provisions of this Memorandum, secondary employment privileges and participation in other overtime details shall be suspended while the employee is in the Program. 3. No overtime compensation shall be awarded to the employee for the purpose of obtaining medical certification. PART V PENALTIES A. An employee accused of violating the provisions of the Medical Leave Abuse Control Program is entitled to a hearing before any action may be taken as a result of this Section. After a determination has been made that an employee has violated any of the provisions of the Program, he or she shall in addition to loss of wages for the day(s) not worked be disciplined in accordance with the following procedures: 1. One (1) day's suspension without pay for the first violation. 2. Suspension without pay for three (3) days and forfeiture of secondary employment opportunities for an additional twelve (12) months for the second violation. 3. Trial Board with a view toward termination for the third violation. B. This provision shall not apply to absences preceding an employee's placement in the Medical Leave Abuse Control Program. PART VI INCENTIVE FOR NON-USE OF MEDICAL LEAVE A. The Department will provide the following incentives for non-use of medical leave: 1. Effective July 1, 2002, and continuing thereafter, employees shall earn 25.5 hours of paid leave for each six (6) months when medical leave is not used during each of the periods from July 1 to December 31 and January 1 to June 30. Any employee who completes an entire fiscal year without medical leave shall receive 17 additional paid leave hours. 2. This accumulated paid leave will be converted to Vacation Leave the following fiscal year to be used any time during that fiscal year. 3. The above incentive program shall apply only to those employees who worked in a full duty status, with the exception of those employees who have not reached maximum benefit of medical treatment for line-of-duty injuries and are in a restricted duty status. The incentive program shall apply to those employees who are in a restricted status and performing the essential functions of a full-duty position. 4. Any employee who was otherwise qualified to receive the benefits of this Section, and who suffered an injury while performing his/her official duties may appeal to the Medical Director for restoration of those benefits for a period of one year from the date that employee returns to work from his/her line of duty injury. Final determination in these matters shall rest with the Medical Director. PART VII VACATION LEAVE ACCRUAL DURING SICK TIME A. Effective July 1, 1991, employees will not accrue Vacation Leave in any month during which they were carried on sick leave for the entire period. Similarly, any employee who remains on line-of-duty medical (“A” Time) for a period of six (6) months will cease to accrue Vacation Leave during subsequent months in which he or she is on medical (“A” Time) for the entire month. In case of severe line-of-duty injuries and upon written request, the six (6) month provision shall be waived only upon recommendation of the Medical Director. B. If an employee and/or the City successfully recovers monies for salary paid while on medical leave as a result of third-party litigation, those days of medical leave repaid to the City or Department shall be removed from the employee's medical leave totals. This would apply to line-of-duty and non-line-of-duty injury cases. In the event that such removal of medical leave days (a) would qualify the employee for the benefits of Part V of this Article and/or (b) would not have resulted in the non-accrual of Vacation Leave in Section A above, the employee shall receive all incentive days for non-use of medical leave and Vacation Leave days to which he or she would otherwise have been entitled under this Article. ”

27. Layoffs

Text of Article 27:

“ A. NOTICE OF LAYOFF The Department shall give each affected employee not less than thirty (30) days' advance notice that he or she will be laid off. The Notice shall advise the employee of the expected period of layoff, if known, and that the employee's rights in the circumstances may be found in the Memorandum of Understanding and applicable provisions of the Civil Service Regulations. The Department agrees to furnish a copy of each Notice to the Lodge and to meet with Lodge Representatives promptly to resolve any questions arising under this Memorandum. B. ORDER OF LAYOFF There shall be no layoff in any rank so long as unfilled, funded positions are budgeted and charged to the Department in that rank and approved for fill by the City Finance Department. Recruits and probationary officers shall be laid off before any other employee in the bargaining unit. The next order of layoff will be those employees rated “unsatisfactory” or “needs improvement” on their last three (3) consecutive ratings. Thereafter, employees shall be laid off in seniority order, the least senior employee being laid off first; except that if the Department determines that operational reasons require retention of an employee of the unit having an essential skill, such as a helicopter pilot or a specialty requiring a state license or certification (other than MPTC), he or she may be retained. Seniority means total length of Departmental Service. In the event two (2) employees of the unit have equal seniority, the tie shall be broken on the basis of their last written performance evaluation. C. HIRING DURING LAYOFF No employee may be hired to perform the duties normally performed by a bargaining unit employee while he or she is in layoff status, except to meet operational needs of the Department for employees having an essential skill, as defined in Paragraph B, or in accordance with the “bumping” provisions of the Department's Memorandum of Understanding with Unit II. D. RECALL RIGHTS Laid-off bargaining unit employees shall enjoy the right to be reinstated within eighteen (18) months from the effective date of the layoff to any vacant position for which they are qualified. Reinstatement shall be in reverse order of layoff or reduction in rank (i.e., by seniority). When the Department offers reinstatement to a laid-off employee, it shall give him or her notice by registered mail, return receipt requested, and afford the affected employee reasonable time, not to exceed twenty (20) days, within which to accept reinstatement. E. BENEFITS While on layoff, an employee shall be entitled to maintain eligibility for COBRA benefits by paying the costs in accordance with the provisions of COBRA legislation. ”

28. Personal pronons

Text of Article 28:

“ In all instances in this Memorandum in which the masculine form of the third person pronoun is used, such pronoun shall refer to both male and female employees. ”

29. Preservation of benefits

Text of Article 29:

“ All benefits presently enjoyed by employees covered by this Memorandum of Understanding which are not specifically provided for or abridged in this Memorandum, such as but not limited to holidays, uniforms, equipment, etc., are hereby included and protected by this Memorandum. ”

30. Printing of memorandum

Text of Article 30:

“ This Memorandum of Understanding shall be printed by the Lodge. The Department shall reimburse the Lodge for fifty percent (50%) of the cost of such printing. ”

31. Severability

Text of Article 31:

“ If any term or provision of this Memorandum is, at any time during the life of this Memorandum, determined by a court of competent jurisdiction to be in conflict with any applicable law, constitution, statute, or ordinance, such term or provision shall continue in effect only to the extent permitted by law. If any term or provision is so held to be invalid or unenforceable (or if the parties agree that it is), such invalidity or unenforceability shall not affect or impair any other term or provision of this Memorandum. ”

32. Duration

Text of Article 32:

“ This Memorandum of Understanding shall become effective July 1, 2021, and remain in full force and effect until June 30, 2024. It shall automatically be renewed from year to year thereafter, unless either party shall give to the other party written notice of a desire to terminate, modify or amend this Memorandum of Understanding. Such notice shall be given to the other party in writing by certified mail no later than January 1st of the year involved. ”

See also

• Index of articles about criminal justice policy
• Baltimore, Maryland

External links

• Full text of the Agreement between the Baltimore City Police Department and the Baltimore City Lodge, Fraternal Order of Police
• Baltimore City Lodge, Fraternal Order of Police

Footnotes

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