New PO’s can have their tours changed, from days to nights, and nights to days, 3 times a year for a minimum of 4 months. This can be done for the first 3 years after graduation from the academy.

Memorandum of Agreement: 5/4/99

When a new PO graduates from the academy, they will owe 270 hours of time (90 hours per year). This time can either be worked (picked after all Chart Orange Payback has been completed) or deducted from their vacation accrual. They must state their intention when choosing vacations.

This time must be completed be the 3rd anniversary of graduation. If the department fails to schedule or arrange this time repayment, it shall be lost.

1996 – 2000 Arbitration Award

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Meal Period Rules and Compensation

Missed Meal Compensation

If you do not get a meal period during the course of your tour, and you follow the criteria below, you are entitled to 90 minutes of straight time in your straight time bank.

1992 – 1995 Contract: Page 31 – 32, Section 9.12-3

Eligibility Rules for Missed Meal

• If you are in service for a period of 30 minutes during the designated time period and you do not request meal, you are not eligible for a missed meal.
• You only have to request meal once during your tour to be eligible. You do not have to request multiple times.
• You must notify the DO that you have requested meal and have been denied.
• You must submit your 207, with a copy of your memo book page, within 4 working days in order to be eligible.

1992 – 1995 Contract: Page 31 – 32, Section 9.12-3
Commissioners Procedural Order #2-95: Page 4 – 5, Section 8-D

Designated Meal Times
‍Tour: 0700-1900 -  Hours: 1100-1630
Tour: 1900-0700 - Hours: 2300-0430
Tour: 1900-0500 - Hours: 2300-0330

Supervisor Discretion

At the discretion of a supervisor, PO's may be permitted to take a meal period during the first or last hour of their tour.

2018-2026 Contract

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(as it pertains to parades, fun runs, 417’s, training, directed patrols, new radio system training, emergency mobilization drills, and adjoining post cars on HAFL’s and directed patrols)

Operational Rules and Procedures

Parades and Fun Runs

Once per tour, for a period of up to 3 hours, the command can go below minimum manning for parade details and 5k fun runs. Limited to 4 RMPs.

2001 – 2006 Arbitration Award: Page 50, text-padding 13

417's (aka: 10-68's)

As per the 2001-2006 arbitration award, each precinct can reduce manning for 417 tours annually.

• Day Tours – No more than 1 additional car can be 10-68 on any given day tour for a total of 104 additional tours.
• Night Tours – No more than 2 cars per night can be 10-68 on any given night for a total of 313 tours.

2001 – 2006 Arbitration Award: Page 50, text-padding 13

IMPORTANT NOTE: From April 1 through November 1, not more than one 417 may be used on the night tours on Thursday, Friday, and Saturday.2007 – 2012 Arbitration Award: Page 48, text-padding 5-5

Training and Directed Patrols

Once per tour, for a period of up to 3 hours each, a precinct may use 3 RMP's at "Status 3" for either directed patrols, or training within the precinct.

• These RMP's can be used at the same time for up to three hours each, or at different times during a tour for up to 3 hours each.
• If there are any 417's used during a tour, they can only use 2 RMP's for directed patrols or training for up to 3 hours.
• These "Status 3" RMP's may not be used during any times that coincide with any cars being used for a Fun Run and/or Parade or when there are any RMP's 10-68 due to a 9-hour and/or 5-hour rule excusal.

2007 – 2012 Arbitration Award: Page 45, text-padding 5-1

New Radio System Training

When the new radio system is brought online, each precinct may use 3 RMP's at "Status 3" for up to 4 hours for training on the new system. They may use this several times during a tour (e.g., 3 cars from 0700-1100, 3 cars from 1100-1500, and 3 cars from 1500-1900).

• If there are any 417's used during a tour, then they can only have 2 RMP's "Status 3" for radio training at any given time during the tour.
• If there are any RMP's vacant due to the 5-hour or 9-hour rule, then the number of RMP's allowed to be out of service for radio training shall be reduced by the number of cars vacant.

2007 – 2012 Arbitration Award: Page 46-47, text-padding 5-2

Emergency Mobilization Drills

Once per year each precinct may conduct an Emergency Mobilization Drill within the County. Each precinct is limited to up to 4 cars for this drill.

This drill may not be conducted when they have cars out of service for parades/fun runs, training, directed patrol, or radio training.

2007 – 2012 Arbitration Award: Page 47, text-padding 5-3

Adjoining Post Cars on HAFL's and Directed Patrols

A precinct may use adjoining post cars for HAFL's and/or other directed patrols as long as said cars remain "Status 1".

2007 – 2012 Arbitration Award: Page 47 – 48, text-padding 5-4

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You can request Medical Review when:

1 – You are on sick leave and the surgeon’s office orders you to return to work, and your private doctor states you cannot perform light duty. You can remain on sick leave pending an outcome from a third, independent doctor. However, if a third party doctor states you can perform light duty, the sick leave time from the point the surgeon ordered you back will be deducted from your sick leave bank (if line of duty).

2 – Your line of duty status is being denied and your doctor states that it was a line of duty injury. If your line of duty status is denied, you will have any sick leave used, deducted from your sick leave bank.

3 – When you are on light duty and surgeon wants to put you back to full duty.

* IMPORTANT NOTE: Your doctor MUST agree with your claim or you will lose medical review.MAO will attempt to schedule the third party doctor’s appointment when you are scheduled to work. If they do not, you must still attend. If an appointment is scheduled when you are not working, you will receive straight time for all hours you are at the doctor’s appointment, same as a comp hearing.

1992 – 1996 Contract: Page 35, Section 9.14.4
MOA: 3-25-93

Posting, List, and Qualification Rules

Postings

• The first posting period for each year will be November 1st until November 30th. The interview process will be from December 1st until December 31st. The list generated from this posting will be in effect from January 1st until June 30th.
• The second posting period for the year will be from May 1st until May 30th. The interview process will be from June 1st until June 30th. The list generated from this posting period will be in effect from July 1st until December 31st.

Memorandum of Agreement: 5/3/2001

Lists

• Each command must post an alphabetic list of all PO's that have applied for a vacancy within 15 days of the closing date of the posting (December 15th for the first posting and June 15th for the second posting).
• Each command must post a numeric list, in order of preference, for each vacancy within 15 days of when the list is to be in effect (January 15th for the first posting and July 15th for the second posting).
• All lists must be posted where all PO's can see them.

Memorandum of Agreement: 9/19/05

Qualifications

• You must have 3 full years of patrol experience before you are eligible to go to a specialized unit.
• Members who have special qualifications (degree in chemistry, law, accounting or helicopter pilot) may be exempt from the 3-year provision.

1992-1995 Contract: Page 11, text-padding 8.0

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Status Flex Rules and Definitions

STATUS 1 FLEX

• Only for Directed Patrols NOT Training.
• RMP's must be on post or on adjoining post. !

STATUS 3 FLEX

• For both Directed Patrols AND Training.
• Up to 3 RMP's for up to 3 hours each, once per tour.
• Cars can be used either individually or collectively.

NEW RADIO SYSTEM TRAINING

• When the new radio system is brought on line, each pct. may use 3 RMP's at "Status 3" for up to 4 hours for training on the new system.
• They may use this several times during a tour (e.g., 3 cars from 0700 – 1100, 3 cars from 1100 – 1500, and 3 cars from 1500 – 1900). !

EMERGENCY MOBILIZATION DRILLS

• Once per year, each pct. may conduct an emergency mobilization drill within the county.
• Each pct. is limited to up to 4 cars for this drill.
• The drill may not be conducted when they have cars out of service for parades, fun runs, training, directed patrols, or radio training.

LIMITATIONS

• Must be contained within 2 adjoining supervisory zones.
• If 417's are in effect (aka: 10-68's), then up to 2 RMP's can be used.
• Parade/Fun Run – NO FLEX DURING THOSE HOURS.
• 5/9 Hour Rule – NO FLEX DURING THOSE HOURS.

DEFINITIONS

TRAINING

• Command Level Training
• Policing Leadership Module Training
• Command Based Police Academy Training
• ANY training associated with putting new radio system into operation.

DIRECTED PATROLS

• Anti-Crime Patrols such as Robb, Burg GLA CrimMis, Gang, Gun suppression.
• Specialty Patrols such as Counter-Terrorism, Quality of Life Initiatives, PWT, Intensified Patrol, High Visibility Patrol.
• Traffic Enforcement Patrols such as VTL enforcement, DWI enforcement, Parking Enforcement.

STATUS DEFINITIONS

STATUS 1 – In service and available for assignment.

STATUS 3 – Out of service but available for emergency assignment by Supervisor or CB.

Interest Arbitration Award: January 1, 2007 – December 31, 2012, Page 45

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Types of Discipline

Verbal Discipline

• A verbal reprimand from a supervisor.
• No fine or penalty and it does not affect a promotional exam.

Form 59

• Remains at the Command Level.
• Notation made in Disciplinary Action Record Book of the command.
• No fine or civil service penalty.

Command Level Discipline

• Combination of 59, and voluntary agreement to work additional hours.
• Discipline must be worked off within six months.
• No Civil Service penalty.

Form 209

• First step in formal disciplinary process.
• Informs the PO of charges against him.
• PO has the right to appear before the Disciplinary Review Board. Written request to appear must be made to CO within 2 working days.
• Civil Service Exam Penalty – 1/6th of a point for each case (maximum of 1 2/3 points). Score may be reduced for 4 years for a Sergeant's exam.

Administrative Discipline

• Combines a 209 with a voluntary agreement to work additional hours.
• Disciplinary Review Board can recommend Administrative Discipline of up to 40 hours.
• Penalty must be worked off within 6 months.

Form 210

• Charges and Specifications
• PO has 8 days to plead guilty or not guilty. Must be in writing.
• Penalty can be a reprimand, a fine of up to 30 days per charge, suspension with or without pay, dismissal from force.
• Civil Service Exam Penalty – 1/3 of a point for each guilty verdict and 1/3 of a point for each day fined.

Commissioners Order 53: 9/82

A PO that is a target of an investigation has the right to have a PBA Rep and/or Attorney present during an interview. The interview can be delayed up to 2 hours in order for the PBA Rep and/or Attorney to arrive.

1992 – 1995 Contract: Pages 7 – 8, Section 6.2

A PO receiving a 209 or a 210 has the right to have a PBA Rep present when they are being issued.

PERB Decision 7/10/06 and Department Letter 9/12/01

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Tour Changes For Court

• You must be given at least 72 hours notice to have your tour change for court (it must be for your first tour only.)
• Members 1900 – 0700 will have their tour changed to 0700 – 1900.
• Those working 1900 – 0500 will work a 0900 – 1900 tour.
• Those working 0700 – 1900 will be switched to 1000 – 2200 tour of duty. (This applies to village court only.)
• If there are multiple people whose tours have been changed for court, only one will be counted towards minimum manning. The rest will not until he/she returns from court.

Court Excusals (This applies for night to day tour changes.)

• Court excusal for the night tour is 0400 (if court is scheduled before 1130). If this excusal is denied you will be paid overtime for hours worked after 0400.
• Before your first tour begins you must have at least a 5-hour gap from when court ended to when your tour begins. The 5-hour rule does not affect minimum manning and the time is not charged to the member.
• Your tour cannot be changed more than 8 times per year for court.

Commissioners Order 2-95: Page 5, Section 9

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YOU CAN SAVE UP TO 400 HOURS IN COMP TIME THAT WILL BE PAID AT RETIREMENT RATE.

1992-1995 CONTRACT- PAGE 20- SECTION 9.8-1(B)

1996-2000 Arbitration Award- pg 148-149

2009 Rescue Plan

2014 Wage Freeze Settlement

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Everyone in Chart Orange owes payback time, a person assigned to a 10-hour squad owes 36 hours per year, and a person assigned to a 12-hour squad owes 32 hours per year.

The command must post all know shortages and known details for payback scheduling after completion of vacation selections. This must be completed by the end of the year.

If they fail to post a known detail they cannot use any payback time left in the pool for that detail.

If they fail to post known shortages in the roll call, the most senior member will have that shortage deducted from his/her payback time as long as he/she was in line to pick that date.

Everyone will have an opportunity to pick their paybacks in seniority order as long as there is time left in the pool. You will pick three, 12 hour tours. For people assigned to 10-hour squads, this will fulfill your 36-hour obligation. For people assigned to 12-hour squads, if they are above minimum manning on any of your payback days, the CO has the discretion of sending you home after 8 hours. If you work 12 hours on all of your payback days, on your last payback, you will work 8 hours of payback time and 4 hours of compensatory time. You will have to fill out a 207 for 8 hours of Chart Orange payback time and 4 hour of comp time. If your comp bank is full, you will receive cash payment for the extra 4 hours.

You are entitled to the appropriate shift differential.

If you do not choose your payback time you can be ordered to work a short roll call with a minimum of 7 days notice. This will be done in reverse seniority order. If an unexpected opening occurs the most senior officer will be offered the day before anyone is ordered in.

When Chart Orange Payback is scheduled, it is treated like any other tour as far as court excusal is concerned. You cannot go sick on a Chart Orange Payback, and will have to pick another day to work.

No member will be responsible to work more than three (3) appearances.

Memorandum of Agreement: 9-27-00

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If OT is cancelled with more than 48 hours notice, the member receives no overtime.

1996 Arbitration Award: Page 155, Section 32

If OT is cancelled with less than 48 hours notice, the member has the option of working 4 hours OT. The member must request to work the OT and must actually report for duty to receive the OT.

Notice may be made in person or to an individual at the place that the member has furnished to his/her C.O.

1992 – 1996 Contract: Page 23, Sections 7-8

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3-Day Excusal: for 12 hour chart, 4 day excusal for 9 and 10 hour chart – Spouse, child, parent, sibling, parent in law, step-child, step-parent.

2-Day Excusal: for all charts – Grandchild, grandparent, son/daughter/brother/sister in law, foster parent/child.2-Day Excusal: for all charts – Grandchild, grandparent, son/daughter/brother/sister in law, foster parent/child.

1-Day Excusal: Must attend funeral for all charts – Half brother/sister, niece, nephew, uncle, aunt, cousin.

1992 – 1995 Contract: Page 48, Section 9.22 Number of days converted to chart orange days by Department Order 66-95

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When scheduled for court on the day of your first night tour, you get a 5-hour excusal from the time court ends, to the beginning of your tour. This excusal does not affect minimum manning and the time is not charged to the member (this applies to the night tour only).

1996 Arbitration Award: Page 5, Section 8

If you’re scheduled for court between tours, the excusal is 9 hours from the time you sign off until you report to work. This will not effect minimum manning as long as it is within reason.

Commissioner’s Order 2-95 Steady Tour Book: Section V

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As per the 2001 – 2006 Arbitration Award, each precinct can reduce manning for 417 tours annually.

• Day Tours: No more than 1 additional car can be 10-68 on any given day tour for a total of 104 additional tours.
• Night Tours: No more than 2 cars per night can be 10-68 on any given night for a total of 313 tours.

2001 – 2006 Arbitration Award: Page 50, Section 13

From April 1st until November 1st, not more than one 10-68 may be used on the night tours on Thursday, Friday, and Saturday.

2007 – 2012 Arbitration Award: Page 48, Section 5

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Article 7, Rule 4, Pregnancy Reporting and Maternity Leave, of the Department Rules is hereby rescinded and replaced with a new Article 7, Rule 4, Family and Medical Leave of Absence, as stated below.

Rule 4. Family Medical Leave of Absence

1. Members of the Department shall prepare PDCN Form 227, Internal Correspondence, and forward directly to the Commanding Officer of Personnel and Account Bureau, or Commanding Officer of Medical Administration Office, as appropriate for review and ultimate approval by the Office of the Commissioner of Police and notification to member's Commanding Officer, when a Family and Medical Leave of Absence is needed:
   1. for the birth of a child, and to bond with the newborn child within one year or birth,
   2. for the placement with the member of a child for adoption or foster care, and to bond with that child within one year of placement
   3. to care for an immediate family member (spouse, child, or parent–but not a parent "in-law") with a serious health condition
   4. to make medical leave when the employee is unable to work because of a serious health condition,
   Note: A mother may take leave for prenatal care, incapacity related to pregnancy and for her own serious health condition following the birth of a child.
   5. for qualifying exigencies arising out of the fact that the member's spouse, son, daughter, or parent is on covered active duty or call to covered active-duty status as a member of the National Guard, Reserves, or Regular Armed Forces.
2. The application for the leave of absence shall be made at least thirty (30) days before leave is to begin:
   1. This frame may be waived in the event the requested leave was unforeseeable and the request is made as soon as practicable, generally same or next business day, when the need is known.
   2. Member may terminate this leave request upon application to the Commanding Officer of Personnel and Accounting, or Commanding Officer of Medical Administration, as appropriate and approved by the Office of the Commissioner of Police.
3. In order to be eligible for Family and Medical Leave, in addition to other qualifying requirements, the member must have worked for the County for 12 months and have worked 1,250 hours during the 12 months prior to the start of the leave.
4. Qualifying Family and Medical leaves of absences will be granted for up to twelve (12) weeks (up to twenty-six (26) weeks to care for a covered service member with a serious injury or illness) and shall run concurrent with the member's contractual leave entitlements.
   1. Upon member exhausting their leave entitlements, member will be placed in a "No Pay" status.
   2. Sick Leave may only be utilized by members who have a qualifying medical condition as supported by a medical certification provided by their health care provider. Sick leave rules related to confinement, Article 7, Rule 6, Subdivision 2, are waived for members meeting this provision.
   Note: The Sick Leave Management Program pursuant to Article 7, Rule 6, Subdivision 5, is not applicable to sick leave utilized under this provision. Sick leave or any other leave utilized pursuant to Rule 4 may not be used as a negative factor with regard to Request for Change or Assignment, PDCN Form 241 or other employment decisions.
   3. Medical benefits will be maintained during the twelve (12) week leave of absence.
   4. Members needing a leave of absence longer than twelve (12) weeks shall make a separate request to the Commanding Officer, Personnel and Accounting, or Commanding Officer, Medical Administration, as appropriate thirty days prior to the end of their twelve weeks of leave of absence.
5. Members shall submit a written medical certification from their health care provider before returning to work after being absent due to a serious health condition.
6. Members of the Department may also request a reasonable accommodation by notifying the Department's Equal Employment Opportunity (EE0) Representative upon the direction of their physician and provide the following documents
   1. NC Form Appendix C, Request for Reasonable Accommodation, and
   2. Written medical certification from a member's physician supporting a request for reasonable accommodation.
   Note: A request for a reasonable accommodation must be approved by the Office of the Commissioner of Police.

Department Procedure ADM 4116, Pregnancy Reporting and Leave, is hereby rescinded.

The Procedural Development Unit shall amend the Department Manual accordingly.

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