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QUOTE OF
THE MONTH
" There comes a time in your
life, when you walk away from
all the drama and people who
create it. You surround yourself
with people who make you laugh.
Forget the bad, and FOCUS ON
THE GOOD. Love the people
who treat you right, and pray for
the ones who don't. Life is too
short to be ANYTHING BUT 
HAPPY. Falling down is part of
life, getting back up is living".
  Jose N. Harris
  Frequently Asked Questions (FAQ) 
We have compiled the resources below based on the most common questions we get we asked. We've also included some articles that contain information that every officer should know. Many articles are from our Tuebor newsletter and provide a sampling of the valuable information you will receive each month as a member or subscriber.

Click on the icon to the left of the article to open your selection.





Article: Understanding Health Care Terms
Author: Donna Latouf
Description:
You can save yourself money by knowing key health care terms and how they relate to your benefits. View this document to review some of the most common questions we receive regarding your health care benefits.




Article: Life Insurance Coverage Changes at Age 65
Author: Katie Fuquay Murphy
Description:
If you are approaching your 65th birthday and paying for life insurance with Guardian, this information is intended for you!




Article: Special Letter to Tuebor from NAPO
Author: National Association of Police Organizations
Description:
View this document for more information on NAPO.

Health Care - If You Are Having A Problem With Your Health Care,
Please Call Benefits @ (313) 224-2742, Or Visit Benefits In Person
At C.A.Y.M.C. Building Room 1026. They Are Open Every Day Of The Week

Garrity Notices - Member Shall be given 48 hours written notification prior to being interviewed at which time the member being served shall Immediately notify the DPOA Office to have the attorney scheduled. Members are not Required to do Phone Interviews. 

The following is an updated explanation of the various deductions on your pay stubs

A.$4,900 – Police Officers - $0.40 per pay
B.$10,000 – Lts. & Sgts. - $0.50 per pay
C.Plan may be continued after retirement at 9 cents/month. Coverage is determined by your length
of service.
Detroit Police Benefit
& Protective Association – 313-870-9301
New Center One Building, 3031 W. Grand Blvd., Suite 405, Detroit MI 48203
Cost: $8.56 per pay (40620 Active)
A.$500-$4,000 Paid to member for duty or non-duty disability retirement.
B.$15,000 death Benefit paid to beneficiary less return of assessments.
C.$7,500 Additional death benefit if determined in the line of duty by the Department.
D.All assessments paid to member on 25th year as a member less any disability return of
assessments.
E.After retirement coverage continues at $18.55 (Code 40315) per month.
Met Life – Active officers go to Personnel, 14655 Dexter, Detroit. 313-596-2540.
Retired officers go to Coleman A. Young Municipal Center, Rm. 908, Detroit – 313-224-3362
$35,000 is at no cost for active officers.
A.$35,000 Death Benefit paid to beneficiary. Double indemnity if death is accidental death or in the
line of duty.
B.$5,000 Dependent coverage (spouse/children 6 months-19 years).
C.$500 Dependent children (14 days to 6 months)
D.Policy value can be increased during open enrollment at Personnel.
E.Plan may be continued after retirement within 30 days of separation.
Detroit Police Officers Death benefit Plan
DPOA, 1938 E. Jefferson, Detroit MI 48207
313-567-8770
Active
Code 40630 - $2 deducted only when an active member who belongs to the plan dies on or off duty.
Total amount of policy depends on number of participating members.
Retired
A $20 deposit is paid to the DPOA at the time of Disability Retirement. $4 deductions are taken from
the deposit until exhausted at which time another statement will be sent to the member requesting
another deposit.
Standard Life Insurance Co. (DPOA)
1938 E. Jefferson, Detroit 48207 – 313-567-8770
Active
Code 40650 – Single coverage $9.75 biweekly
Code 40652 – Dependent coverage $11.47 biweekly
A.$25,000 payable to beneficiary upon death.
B.$35,000 payable to beneficiary upon death, if accidental
Code 40655 – Single coverage $19.50 biweekly
Code 40657 – Dependent coverage $21.97 biweekly
A.$50,000 payable to beneficiary upon death
B.$60,000 payable to beneficiary upon death, if accidental
C.$10,000 coverage for dependents (spouse and dependent children from 6 months to 23 years of
age).
D.$500 coverage for dependent children 14 days to 6 months of age.
E.Plan may be continued after retirement within 30 days of separation
F.At age 65, premium and coverage cut in half for members. Dependent coverage remains the same.
You must notify the DPOA 30 days prior to your 65th birthday.
Retired
Code 40610 - $21.08 Single coverage under age 65
Code 40620 - $24.81 Dependent coverage under age 65
Code 40630 - $3.70 Widow
Code 40640 - $10.53 Single coverage over age 65
Code 40650 - $13.37 Dependent coverage over 65
Detroit Municipal Credit Union
Code 30010 – Credit Union loans
Code 30012 – Credit Union shares
Miscellaneous Deductions
Code 31010 – United Foundation
Code 31110 – United Black Fund
Code 31120 – United Negro College Fund
Code 31610 – PEOPLE deduction
Code 31620 – DPOA Political Action Committee contribution
Code 31630 – LSA Political Action Committee contribution
Payments
Code 38011 – Payroll advances
Code 38020 - Wage recovery
Code 38040 – Retirement System Optional
(civilian employees)
Code 38050 – Police and Firemen Extra Retirement
Code 38200 – Lost/Stolen Equipment reimbursement
Code 38921 – Military Service Pension Credit
(civilian employees)
Code 38927 – Military Service Pension Credit
(Members)
Life Insurance (City Sponsored)
Code 41000 – Life Insurance (City Sponsored)
Code 41010-41473 – Met Life Insurance
Friend of the Court
Code 43000-43211 – Friend of the Court
Code 32000 – Friend of the Court service fee (50 cents)
Savings Bonds
Code 4900-49060 – Savings Bonds
Dental
Code 13000 – Members/Delta Dental, $8.18
Miscellaneous
Code 40014 – Employees Benefit Plan
Code 40654 – DPOA Smith Barney/Pre-paid Legal/Primerica/Life USA/colonial Life &
Accident/PIC/New England Financial/MI-COPS/Scholarship Fund
Code 47010 – Initiation Fee (26 pay periods)
Code 44010 – DPOA union dues
“Retirement Deduction” – 5% of base pay
“MEDC” – 1.45% of your earnings contributed to the Medicare system for those hired after March
1986.
“Hospital” – Deduction for your chosen medical plan
There are 3 new codes  #40804-Flex Plan Spending,  #12001-Dental,  #40070-Vision

Remember to keep your beneficiaries current

Verify Deductions for Paycheck Code 40654

Are correct amounts deducted from your check?

When Code 40654 is found on your check, it means that you have signed up for one of the following (or any combination of the following) companies to have money deducted from your paycheck:

1.Colonial

2.Pre-paid Legal

3.Professional Insurance Co. (PIC)

4.Life USA

5.Primerica

6.Smith Barney

7.New England Financial

8.Central United

9.MI-COPS

10.Scholarship Fund

Following is an explanation of the procedure used by the company (or companies) to have money taken from your check and to have the money sent to them. The company or companies will have you sign a deduction card that will not have a dollar amount on it and will turn that card over to the DPOA to be processed. The reason the deduction card has no amount on it is because you might have more than one of the above companies taking money out of your check. Then they send the card to the DPOA, they also send a form with the card showing the amount to be deducted for their company. Once the DPOA gets the card and form, we then look up the member’s name on the deduction roster to see if a deduction is being taken out for one of the other companies. If another company or other companies have money being deducted, the new deduction will be added to the total and the new amount will be placed on the deduction card and form. The card is then hand delivered to the Fiscal Department and the form is hand delivered to the person (paid by the DPOA) to keep up with these deductions. Once the member signs the deduction card, it should take about three pay periods for the deduction to show up on the member’s paycheck. It is the responsibility of the member to know what is being deducted from his or her check and to know if a newly requested deduction has or has not started. If the deduction has not started, the member does not have the coverage and should contact the DPOA so we can do what needs to be done to correct the problem. Also, from time to time you might get a letter or check from the DPOA or the company, stating that there is a problem with your deduction. If you get such a letter, you must contact the DPOA immediately. If you do not contact us immediately, you might lose a benefit that you think you have.

Assignments

1. A request for assignments within a precinct, or entity once an Employee is assigned there, can be made by submitting DPD Form #31 (referred to as a Blue Slip) to the Commanding Officer. The request shall be valid for a period until October 1st each year. An Employee may have only one (1) assignment request on file at any time; the most recent request will replace the earlier requests. Whenever openings occur within precincts or entities, the Department will consider knowledge, training, experience, performance evaluation ratings, certifications, ability, skills, disciplinary history, attendance, safety record, efficiency, and seniority. If all other qualifications are equal, the senior qualified Employee will be selected.

In order to determine when such receipt occurred, a copy of the job assignment request, dated and signed by the supervisor who received the request and the time he/she received it, shall be provided to the member.

2. Moreover, notwithstanding any provisions in this Agreement that could be construed to the contrary, the Chief of Police may exclude assignments from the above procedure and make assignments involving Blue Slip units at his or her sole discretion. (page 19 of your 2014 - 2019 Contract)
Transfers

1. Transfers between precincts and entities will be made using a Department transfer list maintained by the Personnel Unit. Such list will be created from transfer requests submitted by Employees on form DPD #402. Separate lists should be maintained for each rank.

a. Transfer requests shall be valid for a period until October 1st each year. Continuation requests may be submitted on or after August 15th.

b. Whenever openings occur in precincts or entities, the Employee to be transferred will be selected from the transfer list based upon knowledge, training, experience, performance evaluation ratings, certifications, ability, skills, disciplinary history, attendance, safety record, efficiency, and seniority. When all other qualifications are equal, the senior qualified Employee who submitted a transfer request will be selected. 

c. Employees submitting transfer requests will not be unreasonably denied placement on the transfer list. To deny an Employee’s request, the Department must verify with factual information that the Employee is not qualified for the requested transfer. Such decisions may be appealed utilizing the grievance and arbitration procedures set forth in this Agreement.

d. With the exception of releasing information pertaining to a current criminal investigation, an Employee who is denied placement on the transfer list will be advised in writing of the reasons for such denial upon request.

e. The Employee will be notified of the result of his request for transfer within thirty (30) days of the submission of the form DPD #402.

f. Voluntary transfers to vacant positions will be awarded based on merit. The Department will consider knowledge, training, experience, performance evaluation ratings, certifications, ability, skills, disciplinary history, attendance, safety record, efficiency, and seniority. If all other qualifications are equal, the senior qualified Employee will be selected.

2. Should the need arise for a temporary assignment from one precinct patrol location to another, the temporary assignment may not exceed one hundred and twenty five (125) working days. At the expiration of this period, the Employee will be immediately returned to his former position. In no event shall the Department utilize temporary assignments to circumvent the transfer provisions of this Section or as a form of discipline. The parties further stipulate that the Department’s authority to make temporary assignments under this Section must be exercised reasonably.

3. Notwithstanding the foregoing, the Chief of Police has the right to permanently transfer an Employee from one precinct patrol location to another based upon good cause shown upon review of the entire case.

4. Once placed on a DPD #350, the Commanding Officer of the transfer requested entity may, upon request, have the Employee removed from the transfer list to that entity.

5. Blue Slip Units. Notwithstanding any provisions in this Agreement that could be construed to the contrary, the Chief of Police may make transfers involving Blue Slip units at his or her sole discretion. The Department shall provide the Association with a list of current Blue Slip units as of the effective date of this Agreement. From time to time, the Chief of Police may designate other units as Blue Slip Units, provided that a precinct patrol unit may not be designated as a Blue Slip Unit. The Chief of Police, or his or her designee, will meet and confer with the Association before designating a unit as a Blue Slip Unit. (page 17 and 18 of your 2014 - 2019 Contract)  

Leave Days and Job Assignments

A. A prescheduled temporary absence from duty of twenty-four (24) hours duration shall be defined as a leave day unless otherwise designated (e.g., sick leave, funeral leave, compensatory time, etc.) by the Department. Leave days granted to Employees who work Monday through Friday shall be Saturdays and Sundays. An Employee working an eight hour shift schedule shall be entitled to eight (8) leave days in each twenty-eight (28) day work period.

B. The present practice of Employees submitting leave day requests shall continue. Upon submitting the request the Employee shall circle the days he wishes to be granted under the conditions of this Article.

1. Employees shall be granted a minimum of four (4) circled days for each twenty-eight (28) day work period; provided, that an Employee may select five (5) circled days in four (4) work periods per fiscal year which shall be designated by the Union and promulgated by special order.

2. Further, in the event that more leave day requests are submitted than the allowable percentage to be off on any given day or days, then the most senior Employees shall be granted their requests. When leave day requests are less than the allowable percentage to be off, then all such requests for that day or days shall be granted.

C. Under normal conditions, job assignments and leave days shall be posted seven (7) days prior to the end of the current work period. After having been posted, leave days shall be changed only by mutual consent of the officer and the Department, except when leave days are canceled because of an emergency.

D. After leave days are posted, Employees may mutually agree, with prior written approval of their supervisor, to exchange leave days.  (pages 32 of your 2014 - 2019 Contract)

Funeral Leave

A. If a death occurs among members of the Employee’s immediate family, such Employee will be granted three (3) days funeral leave, not to be deducted from his sick bank, provided that such leave may be extended to five (5) days within the discretion of the Commanding Officer based on individual circumstances.

B. If a death occurs among the relatives of the Employee, such Employee will be granted one (1) day funeral leave not to be deducted from his sick bank.

C. The immediate family is defined as wife, husband, son, daughter, brother, sister, father, mother, stepmother, stepfather or other members of the household.

D. A relative is defined as a grandson, granddaughter, grandmother, grandfather, great grandchild, great grandparent, brother-in-law, sister-in-law, uncle, aunt, mother-in-law or father-in-law. (page 22 of your 2014 - 2019 Contract)  

Emergency /Excused Leave Days

Emergency or excused days shall be granted to a member for an absence justified by urgent reasons such as attendance to demanding personal business and other pressing matters which cannot be covered by other banked time. Permission to use emergency days must be granted in advance from the member’s commanding officer or the officer in charge of his/her entity. Supervisory personnel may make reasonable inquiries in order to verify that the request is legitimate but shall maintain the confidentiality of any personal information. Not more than five (5) emergency or excused days may be granted in any one fiscal year under any circumstances. All emergency or excused days will be deducted from the member’s accumulated sick bank, and will consequently affect the accumulation of bonus vacation days.
Any member under the restrictions of the attendance control program (DPD 350) shall not be allowed to have emergency or excused days deducted from his sick banks and will be carried Absent No Pay.  (pages 39 of your 2014 - 2019 Contract)
Regularity in The Use of Sick Leave Benefits

A. General. The Detroit Police Department is responsible for providing efficient law enforcement services. Maximum attendance is required from all members if this responsibility is to be fulfilled.

It is, therefore, necessary to identify and correct members who have developed a pattern of regularity in the use of their sick leave benefits. Therefore, all commanding officers are to review the records of their members quarterly: each January 10th, April 10th, July 10th and October 10th.

B. Counseling Regarding Regularity in the Use of Sick Leave Benefits. Upon review and approval of the commanding officer, a ranking member shall counsel subordinates whose records show such an indication. The counseling session shall include a discussion of the pattern observed to date, and the member’s reason for absences. Where appropriate, the supervisor shall explore positive future courses of available action with the member in an effort to assist the member in adopting corrective measures. At the end of the counseling session, the supervisor shall prepare a detailed report of the meeting and attach the report to the member’s Detroit Police Department Attendance Card, D.P.D. 350-C. A copy of this report shall be provided to the member. Note, however, that said counseling does not CHI-1939680v2 56

constitute disciplinary action and as such may not be noted in the administrative counseling register. Further, said detailed report shall be removed from D. P. D. 350-C at the end of six months providing no further corrective action has been necessary since the initial counseling session with the member.

C. Continued Pattern of Regularity in the Use of Sick Leave Benefits. If counseling does not produce improved attendance, and the supervisor, after meeting with the member, determines that no satisfactory reason exists which would justify said continued regularity in sick leave usage, upon review and approval of the commanding officer, the supervisor shall personally serve the member with a Notice of Regularity in the Use of Sick Leave Benefits, D.P.D. 350, and forward the necessary copies as outlined on the form. The supervisor shall inform the member of the requirement to obtain documentation of the illness or of the illness of a family member which necessitates the member’s absence from work. This documentation shall consist of a statement from a physician concerning the illness for each sick day taken during the next three month period. This requirement must be strictly adhered to during said period of time, except where the commanding officer is convinced that a reasonable basis exists for not requiring a physician’s note in conjunction with a particular absence. The member will also be advised that said physician’s documentation shall be submitted on D.P.D. 350-A, or an equally detailed doctor’s note, and shall be presented to the member’s section commanding officer within three days after returning to duty. This documentation is subject to the review of the department physician. Commanding officers shall ensure that the copy of D.P.D. 350-A which is submitted by the member is forwarded to the Medical forthwith for retention.

A member who has been served with a Notice of Regularity in the Use of Sick Leave Benefits, D.P.D. 350, and is being carried sick due to personal illness or injury or for attendance upon a sick family member, must secure permission from the officer in charge of the member’s entity or, if the entity is closed, from the officer in charge of the precinct in which the member resides before the member may leave the member’s place of confinement. This restriction does not apply on leave days or non-duty hours.

"Improved attendance" as used herein shall mean that the member has consistently and reliably demonstrated the capacity to provide proper and sustained attendance within the meaning of this article. For purposes of interpreting the preceding sentence, the word "sustained" shall be construed to mean an improvement which demonstrates that the abuse has been eliminated.

The supervisor shall further advise the member that failure to satisfactorily comply with the regulation will result in the designation of each working day taken as "Sick" to "Absent No Pay." The supervisor shall also advise the member that unless attendance improves, additional disciplinary action may be imposed.

D. Improved Attendance. A member placed on a D.P.D. 350 will have his attendance reviewed on a quarterly basis and will be removed from the restrictions of that provision upon a showing of improved attendance within the meaning of the above definition. CHI-1939680v2 57

E. Extended Medical Treatment. Members who document that their illness requires treatment on a regular basis may submit D.P.D. 350-A for that ailment on a semi-annual basis. The physician designated by the department, however, may want further verification concerning said ailment, and accordingly the member may be required to see the physician.

F. Failure to Present Documentation by a Physician. If failure to comply with the regulation set forth on D.P.D. 350 occurs, the section commanding officer shall personally serve the member with a Notice of Failure to Present Documentation by a Physician, D.P.D. 350-B, and shall forward the necessary copies as outlined on the form. A designation of "Absent No Pay" will be entered in timekeeping records.

G. Appeals. Any member may file a grievance regarding the imposition of a Notice of Regularity in the Use of Sick Leave Benefits, D.P.D. 350. If the grievance is granted, the arbitrator shall be empowered to provide an appropriate remedy, including reimbursement of expenses for medical visits ordered by the Department. (page 55, 56 and 57 of your 2014 - 2019 Contract)

Bonus Vacation Days
 
Bonus vacation days are granted for unused current sick time. Officers who have accumulated a minimum of thirty-five (35) sick days including both current and seniority days and have a minimum of six (6) years of service on July 1st of each year will be credited with one-half (1/2) of the unused current sick time from the previous fiscal year up to six (6) days. An officer may request to take his bonus vacation days in any sequence (except when attached to a furlough as stated below) by submitting a request in writing to his commanding officer. This request will be reviewed for the availability of personnel by his commanding officer. Seniority will be a prime consideration when several officers request the same period of time off.
An officer shall be allowed to use up to three (3) bonus vacation days in conjunction with a furlough. The request to utilize bonus vacation days in this manner must be included in the leave day request. Bonus vacation days, when connected to a furlough, shall not be canceled unless the accompanying furlough is canceled. This article does not affect or limit the right of the Department to determine the number of employees assigned to work. Consequently, there will be no increase in the total number of employees who are absent and the effect of granting an employee’s request could be that the seniority leave day request of another employee (even if more senior) will be denied.
The Department must insure that bonus vacation days are expended proportionately throughout the year and are not carried until the last months of the fiscal year; therefore, on April 1st, the commanding officer shall assign the remaining bonus vacation days at his discretion. Any request to utilize unused bonus vacation days in conjunction with a furlough scheduled during the months of April, May or June must be submitted to the commanding officer by April 1st or those bonus vacation days will be assigned.
Bonus vacation time shall be deducted from the member’s bonus vacation bank before compensatory time shall be taken. (page 57 of your 2014 - 2019 Contract) 
Rights, Responsibilities under FMLA
 
The following is information provided by the City of Detroit Human Resources Department and the Department of Labor. 

Basic Leave Entitlement 
 

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

-For incapacity due to pregnancy, prenatal medical care or child birth;
-To care for the employee’s child after birth, or placement for adoption or foster care;

-To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or

-For a serious health condition that makes the employee unable to perform the employee’s job.

Military Family Leave Entitlements

Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

Benefits and Protections

During FMLA leave, the employer must maintain the employee’s health coverage under any "group health plan" on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

Use of FMLA leave cannot result in the loss of employment benefit that accrued prior to the start of an employee’s leave.

Eligibility Requirements

Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.

Definition of Serious Health Condition

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Use of Leave

An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the

employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.

Substitution of Paid Leave for Unpaid Leave

Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies.

Employee Responsibilities

Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.

Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job junctions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

Employer Responsibilities

Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility.

Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.

Unlawful Acts by Employers

FMLA makes it unlawful for any employer to:

-Interfere with, restrain, or deny the exercise of any right provided under FMLA;

-Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

Enforcement

An employee may file a complaint with the U.S> Department of Labor or may bring a private lawsuit against an employer.

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement, which provides greater family or medical leave rights.

Schedule of Holidays

Each Employee shall be entitled to the following holidays in accordance with this schedule:    

New Years Day



January 1

Thanksgiving Day

Fourth Thursday in November

Christmas Day

December 25th


Holiday Premium. Employees who are required to work on a holiday shall
receive one and one half time (1.5x) premium pay in addition to the
regular day’s pay (pages 43 of your 2014 - 2019 Contract) 

EXCUSED TIME

Employees shall be granted eight (8) hours of "Excused Time" on Good Friday or the last eight (8) hours on the last scheduled day prior to Good Friday, eight (8) hours of "excused time" on Easter or the last eight (8) hours on the last scheduled day prior to Easter, and eight (8) hours of "Excused Time" on the last scheduled paid day before Christmas Day and before New Year’s Day and Martin Luther King’s Birthday provided they are on the payroll through the holiday in question. Employees required to work any portion of the "Excused Time" on these days will receive equal time off for hours worked or straight time cash at the option of the Chief of Police. No holiday premium will be paid for work on these days. (pages 50 of your 2014 - 2019 Contract)
Floating Holidays

Each employee shall be entitled to four (4) floating holidays. Each floating holiday shall be a day off work at the regular straight time rate of pay. An officer may request to take his floating holidays by submitting a request in writing to his commanding officer. An officer may request to take his floating holidays in any sequence, provided, however, that a floating holiday may not be attached to a furlough. This request will be reviewed for the availability of personnel by his commanding officer. In all cases, preference shall be given for Employee requests for use of floating holidays over requests for bonus vacation days (Article 36) or excused time (Article 31). Seniority will be a prime consideration when several officers request to use a floating holiday on the same day.

This article does not affect or limit the right of the Department to determine the number of employees assigned to work. Consequently, there will be no increase in the total number of employees who are absent and the effect of granting an employee’s request could be that the seniority leave day request of another employee (even if more senior) will be denied.

Floating holidays must be used in the fiscal year that they are earned and shall not be carried over to a subsequent fiscal year. The Department shall ensure that floating holidays are expended proportionately throughout the year and are not carried until the last months of the fiscal year; therefore, on April 1st, the commanding officer shall assign any unselected floating holidays at his or her discretion. (page 50 of your 2014 - 2019 Contract) 

 Furlough Selection and Cancellation

A. The annual furlough shall be divided into two (2) seasons, Summer and Winter. Each furlough season shall consist of thirteen (13) furlough periods, corresponding with the bi-weekly payroll periods. Each furlough period shall contain ten (10) consecutive days, which shall also include the standard number of leave days and up to three (3) Bonus Vacation Days granted in connection with the furlough.

An Employee drawing the first furlough in any given work period may attach five (5) leave days and up to three (3) Bonus Vacation Days at the end of the furlough (F) days. An Employee drawing the second furlough in any given work period shall have the following options concerning the five (5) attached leave days and up to three (3) Bonus Vacation Days with the furlough:

Option 1: Attach one (1) leave day at the beginning of the furlough period with the remaining four (4) leave days attached at the end of the furlough period. Should one (1) or more Holiday(s) fall within the furlough period, then those days replaced by the Holiday(s) may be attached at the beginning or the end of the furlough period. When Bonus Vacations Days are attached, they may be placed at the beginning and/or the end of the furlough period.

Option 2: Attach five (5) leave days and up to three (3) Bonus Vacation Days at the end of the furlough period.

This does not change the requirement that eight (8) leave days must be used in each twenty-eight (28) day work period. Leave days will not be carried forward into another work period.

B. The choice of furloughs shall be by seniority on a shift basis, consistent with the efficient operation of the precincts, and entity. In a given precinct, or entity, normally not more than ten percent (10%) of the total number of police officers shall be absent on furlough at the same time, unless the Department determines that the operational needs of the Department require otherwise. Employees assigned to special or desired jobs on Platoon Two shall draw furlough assignments among themselves and the overall ten percent (10%) limitation shall apply. Certain Employees of the Traffic Safety Section, whose duty assignments must be coordinated with the school year, may be furloughed to the greatest extent possible during the prolonged school holidays occurring during Christmas, Easter and summer vacations and between semesters and the overall ten percent (10%) limitation set forth above shall not apply. Where there is a fraction of a percentage over the ten percent (10%), an additional furlough period shall be allowed unless such fractional allowance is specifically vetoed by the Chief in writing and posted prior to the furlough draw.

C. In the absence of an Employee, the officer in charge or another Employee designated as a representative of the absent Employee shall select the furlough period for him/her in accordance with his/her choice by seniority.

D. Employees shall make their furlough selection in accordance with the established schedule of furlough periods.

Drawing for Summer furlough will be conducted on February 15th. Drawing for winter furlough will be conducted on August 15th.

If the scheduled drawing date falls on a Saturday, the draw will be held on the preceding Friday. If the date falls on a Sunday, the draw will be held on the following Monday.

E. Leave days when added to a furlough shall not be canceled unless the accompanying furlough is canceled.

F. If an Employee is sick or disabled immediately prior to his vacation, and the Employee provides medical proof of such illness or disability, the vacation shall be rescheduled to a date that is mutually acceptable to the Employee and his commanding officer.  

G. Members may elect to sell up to one (1) week of furlough time (five (5) consecutive days) per furlough period. An election to sell furlough time shall be at the time of the furlough draw. Payment shall be made within thirty (30) days after the furlough draw.

H. Members shall have the option of selling or banking one additional week of furlough time annually. Payment for the second week shall be at the officer’s current rate of pay. Payments pursuant to this Article shall not be included in average final compensation for purposes of determining pensions. Such an option shall be given, in writing, by the member at the time of furlough selection. Failure to exercise the option, in writing, at the time of furlough selection shall be a full and complete waiver of the option for that furlough period(pages 37, 38 & 39 of your 2014 - 2019 Contract) 

Use of E-Day and Overtime 

On April 11, 2014, the Detroit Police Officers Association filed grievance No. 14-018. The issue arose over whether or not the department has the right to include E-days for overtime purposes. On May 6, 2014, the grievance was presented at a step four meeting with Chief of Police James Craig. It was determined that the grievance would be placed on HOLD to allow an arbitrator to issue language as it relates to E-days and overtime calculations. On Wednesday, June 25, 2014, the grievance was arbitrated with Umpire George Roumell. In granting the grievance, Umpire Roumell cited the facts that the issue in the 2009-2012 contract included sick time as time worked for purposes of calculating overtime. In Article 14, Section B, of the contract it states how overtime shall be calculated: “Time off due to furlough, liquidation of comp time, sick leave and other paid absences shall be considered as time worked when applying overtime rules.” The problem arose through the CETs and the city’s language adopted by the panel (Act 312) majority excluded sick time from the overtime calculations. This was a change from the 2009-2012 contract. Neither the CET’s nor the City’s language that was adopted by the Panel majority make any reference to excluding emergency time from the overtime calculations. Article 25 of the contract, Emergency/excused leave day, states in part: “Emergency or excused days shall be granted to a member for an absence justified by urgent reasons and other pressing matters which cannot be covered by other banked time.” He further states that emergency time traditionally by contract language has been treated differently and has a different function than sick time. E-days are for the “Officers” emergencies and approved by the officers Commanding officer. An officer need not be ill or sick, but instead may use an Emergency day for a separate emergency. It is true that when an emergency day is used the day is deducted from the sick time banks, the emergency day as such is treated differently than a sick day. Thus, Umpire Roumell granted the grievance. E-days are to be calculated as time worked for the purposes of calculating overtime. This is the only way to interpret the language that was adopted by a majority of the Act 312 Panel.
Injury Reports 
Document all injuries as soon as they happen.  The forty-eight (48) hour rule means nothing to the Department, they are quick to dismiss the injury as happening on duty even if the report is filed within the rule. Send a copy of the injury report to the Medical Section, the Association and keep one for yourself.  Just because you file an injury report on the Department's system doesn't mean it will be processed quickly and get to the Medical Section timely
 
Getting Duty - Related Medical Bills Paid: When you are injured in the line of duty and are conveyed to a medical facility, remember you are working for the City of Detroit. Don't give admitting personnel your driver's license and insurance. Instead, give them your name, the address where you work, and the responsible party being.
 
                                    City of Detroit Medical Section 
                              DPMS/DMA/University Health Center
                                            1301 3rd 5th Floor
                                            Detroit, Mi.48226
                                            313-237-3100
 
CMI is the City of Detroits New Workers Compensation Claims Processor
GRIEVANCE PROCEDURE
 
Every Employee of the Department shall have the right to present grievances in accordance with the procedure provided herein. The Association will hand deliver grievances directly to a Captain or Commander. The written grievance will set forth the nature of the grievance, the date of the matter complained of, the name(s) of the employee or employees involved, and the provisions of this Agreement, if any, that the grievant claims have been violated. Receipt of the grievance will be acknowledged by signature of the Captain or Commander who receives the grievance. Any grievance not filed within fourteen (14) calendar days of the occurrence of the alleged violation or within fourteen (14) calendar days of an Employee or the Association becoming aware of an alleged violation will be considered untimely and will not be processed. (pages 9, 10, 11, 12, 13, 14, 15 and 16 of your 2014 - 2019 Contract)

OFF-DUTY COURT APPEARANCES

A. A minimum of three (3) hours credit at time and one-half shall be credited for each off-duty court appearance, except as specified herein. When an officer who is on-duty is directed to appear in court and that court appearance extends beyond his normal off-duty time it shall be recorded as overtime and not as off-duty court time. Off-duty court appearances for a period of less than forty-five (45) minutes which abut a pre-scheduled shift may be treated as either overtime or court time at the option of the Department. Employee’s regularly scheduled working hours shall not be changed to circumvent this provision for payment for off-duty court appearances.

B. Should a police officer attend court while being carried sick on Platoon Two, the following provisions shall apply:

If the actual amount of time spent in court is less than three (3) hours, the member shall be credited with three (3) hours worked at straight time. For the remaining portion of the member’s shift, a deduction shall be made from the member’s sick time.

If the court appearance is for three (3) hours or more, the member shall be carried working for the actual amount of time spent in court. For the remaining portion of the member’s shift, a deduction shall be made from the member’s sick time. If the court appearance extends beyond the end of Platoon Two, the member shall be compensated at the rate of time and one-half for the actual amount of time spent in court beyond the end of the shift. CHI-1939680v2 23

Members who are carried disabled are already paid for their time off and therefore shall be carried on Platoon Two and will not receive compensation of any type for their appearance in court. If the court appearance extends beyond the end of Platoon Two, the member shall be compensated at the rate of time and one-half for the actual amount of time spent in court beyond the end of the shift.

C. Department members scheduled to work Platoon One or Platoon Three who are carried sick shall be compensated for off-duty court appearances pursuant to contractual guidelines when they appear in court on Platoon Two.

D. For all off-duty court time earned, on each court appearance notice turned in, the first forty (40) hours of straight time earned as off-duty court time (60 hours at time and one-half) shall be compensatory time. Thereafter, members shall be given the option of being paid in cash or being credited with compensatory time. Furthermore, such off-duty court time shall be paid in cash rather than granting compensatory time when necessary to comply with F.L.S.A. requirements.

E. Normally, Employees shall not be required to attend court on their leave days or during their furlough period. In the event that court attendance may be required while he is on leave or furlough, an Employee may be carried on-duty or off-duty, at his option, while on Platoon Two.

F. Employees not assigned or working downtown shall be reimbursed for their parking fees if the following procedure is followed. When the police lot is filled, the Employee shall show the lot attendant his Court Appearance slip and receive a Parking Fee Reimbursement Authorization form. The Employee shall be reimbursed monthly by the Accounting Office via Department mail.

G. A member who is required to appear in court on a holiday will receive credit either for an off-duty court appearance at the three (3) hour minimum or holiday premium pay (1.5 x) for the actual time spent on the court appearance, whichever is greater.

H. Any time that compensation is due under the Fair Labor Standards Act, it shall be paid the next pay period following performance of the work. (pages 22, 23 of your 2014 - 2019 Contract) 

OVERTIME

Pursuant to its management rights under Article 6, the City has the right to schedule overtime work and to require Employees to work mandatory overtime.

A. Prior to any fiscal year all members will be required to sign a list indicating their preference to be paid in cash or compensatory time for overtime worked. Once a member elects or does not elect to take time instead of cash payment, he/she is restricted to that choice for the entire fiscal year. All overtime will be credited at the rate of time and one-half. For the first seventy-five (75) hours of overtime work in a fiscal year, for which there is one hundred twelve and one-half (112½) hours of credit, the Employee shall have an option of receiving compensatory time instead of payment in cash. All overtime beyond the first one hundred twelve and one-half (112½) converted time hours must be CHI-1939680v2 24

paid in cash. However, in any fiscal year, not more than one hundred twelve and one-half (112½) converted time hours may be earned as compensatory time as a result of overtime worked. Furthermore, such overtime shall be paid in cash rather than granting compensatory time when necessary to comply with F.L.S.A. requirements.

B. Overtime shall be calculated on the following basis:

1. An Employee shall be entitled to an Overtime Premium for all compensable hours of work in excess of eighty (80) hours in a single two (2) week pay period. For purposes of computing overtime, meal periods will not be deemed to be compensable or counted as time worked for the purposes of computing overtime unless the member is denied such period by competent authority. The tour of duty shall include time spent at the normal line-up or roll-call. For purposes of applying these overtime rules, normal line-up or roll-call shall be deemed to consist of fifteen (15) minutes at the beginning of a day’s assignment and fifteen (15) minutes at the end of the assignment.

2. An Employee shall be entitled to an Overtime Premium for all compensable hours of work on a leave day, as defined in this Article.

3. When an emergency makes it necessary for a member to work all or part of a furlough or leave day excluding court appearances, such time shall be considered as overtime. Any furlough or leave days for which overtime credit are given shall be canceled.

4. In no case shall overtime or other premium compensation be pyramided, duplicated, compounded or paid twice for the same hours of work.

C. Unless additional compensation is required by the FLSA or some other wage and hour law, the Overtime Premium will be computed by dividing the Employee’s annual salary by 2080 and multiplying that quotient by 1.5. In those cases where an Employee works overtime and is entitled to receive a shift premium, the shift premium rate of pay for overtime hours worked will be determined by multiplying the rate of the applicable shift premium by 1.5

D. To the extent any subsequent CBA between the parties provides for longevity payments, the parties may consider incorporating the language in the Article 14, Section C of the 2009-2012 collective bargaining agreement as a potential guideline for calculating overtime in such subsequent agreement.

E. Prescheduled Overtime.

1. If the Department has been notified of a personnel shortage with two (2) or more hours notice before the work schedule is to start, then filling of the vacancy should first be attempted by shifting personnel from one assignment to another. All Employees within the collective bargaining unit can be considered for this purpose. CHI-1939680v2 25

2. If it is not possible to meet service needs by such shifting, then overtime work will be required but the same must be offered in the following order:

a. First, by seniority order amongst Employees of the rank of the vacancy, in the unit of the vacancy, and on the shift of the vacancy. Such is to be done by telephone canvassing of the Employees in said category who are not working on that day.

(1) In the event that such an Employee not working is contacted and agrees to work the overtime, said Employee is to be informed that he MUST appear for duty no later than the regularly scheduled start of the shift (15 minute roll call period is optional depending on circumstances and the Employee’s wishes); furthermore, if his services will be needed for less than a full eight (8) hours (as in cases when he may be needed only until the power shift supervisors report for duty), then he shall be notified of same.

(2) In the event the Employee contacted does not arrive at the time agreed to, an on-duty supervisor selected by seniority rotation may work overtime. If the Employee not working (the one who was called at home) arrives later, the Employee working overtime is not to be replaced by the other Employee. The other Employee will not work.

b. If phone contacts do not produce an Employee willing to work, then the work can be assigned to an Employee selected in inverse seniority order off of a precinct-wide seniority list. Also, depending upon needs, the overtime in such cases may be ended prior to the end of the shift with the vacancy (see paragraph 2 above).

F. Overtime Rotation List. The following guidelines will be adhered to with respect to accounting for overtime that is worked: There shall be a seniority roster for each rank on each shift, and the roster shall be kept up-to-date.

1. Employees who elect to accept the offered overtime do not fall within the Department payroll category "Recall Compensation" and the contractual provisions concerning such are not applicable. Also, no minimum amount of overtime is to be guaranteed beyond that agreed to on the telephone.

2. Employees who refuse the overtime or who cannot report for duty by the start of the shift will lose their turn on the overtime rotation list and will not again be offered overtime until their name is again reached in seniority order.

3. Employees who cannot be contacted by telephone (one attempt) shall be listed as "unable to contact" (UTC) and shall retain their rotation position.

4. Limited duty personnel will not normally be offered overtime, however, such an Employee shall not lose his position on the overtime roster. The Department may CHI-1939680v2 26

offer overtime to an Employee, who can fill the position needed, even if he is on limited duty.

5. Employees on furlough will be eligible for overtime opportunities on a voluntary basis. The fact that they are on furlough shall be entered on the overtime roster.

6. Employees being carried sick or disabled on the preceding day need not be contacted, unless such Employee has notified his work location that he is ready for duty and will report for his next scheduled tour of duty. Sick or Disabled will be entered on the overtime roster.

7. The Association steward and the shift lieutenant will verify the overtime roster after each selection. (pages 23, 24, 25 and 26 of your 2014 - 2019 Contract)

UNIFORMS

A. Initial Uniform Allowance. At time of hire, Employees shall receive an initial uniform allowance of eight hundred and fifty dollars ($850) or, in the alternative, the Department may institute a uniform voucher system and issue Employees uniform vouchers in lieu of a cash payment. In the event that the Department changes its specifications regarding uniforms and/or equipment, Employees shall receive an initial uniform allowance as provided above. The initial uniform allowance that Employees receive in the event of a change in Department specifications shall be provided in lieu of the annual uniform allowance as set forth in Section B. In no event shall any Employee receive both an initial uniform allowance and an annual uniform allowance in the same year.

B. Annual Uniform Allowance. The Department will no longer issue replacement uniforms and accessories. Except as provided in Section A, members will instead receive a uniform allowance of eight hundred and fifty dollars ($850) annually for the procurement and maintenance of all of the member’s required uniforms and accessories. Alternatively, the Department may institute a uniform voucher system and issue Employees uniform vouchers in lieu of cash payments. The member shall be responsible for procuring uniforms and equipment according to Department specifications. This allowance shall not include maintenance and procurement of bulletproof vests or other specialty equipment, which the Department shall continue to procure and issue directly to members.

C. Annual Cleaning Allowance. Employees shall receive an annual uniform cleaning allowance of two hundred and fifty dollars ($250) per year payable the first payroll period each fiscal year. Alternatively, the Department may institute a uniform cleaning voucher system and issue Employees uniform cleaning vouchers in lieu of cash payments.

D. The annual uniform allowance shall be payable on July 1st to Employees who were hired on or before April 1st of that year. Employees who were hired after April 1st of that year, will not receive an annual uniform allowance until the subsequent July 1st.

E. For purposes of calculating eligibility for payment of these allowances, all members shall receive payment of these allowances with the following exceptions:

1. A member shall be considered off the payroll and ineligible for this allowance if he/she has retired, resigned or has been discharged with an effective date before July 1st of the fiscal year payment is to be made.

2. Members discharged and suspended without pay who have a pending appeal of the discharge shall not receive payment of the uniform cleaning allowance unless and until the discharge is overturned at an appellate level at which time they shall be made whole.

3. Members on extended AWOL or ANP status on July 1st of the fiscal year payment is to be made will not receive the uniform cleaning allowance unless they return to active regular duty during the fiscal year at which time they will receive full payment.

4. Members on an unpaid leave of absence on July lst of the fiscal year will not be entitled to payment for the uniform cleaning allowance until the next fiscal year.  (pages 33, 34 of your 2014 - 2019 Contract) 

Jury Duty

A. All Employees who serve on jury duty on regularly scheduled work days exclusive of leave days, furlough days and holidays will be paid the difference between their pay for jury duty and their regular straight time pay for all days they are required to serve on jury duty.

B. In the event that an Employee reports for jury duty but does not actually serve on jury, he will be paid the difference between the jury pay received and his regular day’s pay and be excused for the day.

C. In order to receive payment for jury duty supplementation, an Employee must have been regularly scheduled to work on a non-overtime basis, must give reasonably prompt prior notice to his supervisor that he has been summoned for jury duty, and must furnish satisfactory evidence that he reported for or performed jury duty on the days for which he claims such payment, provided that the commanding officer shall have discretion in seeking to have the Employee excused when his services are essential.

D. Employees shall have the option when called to jury duty to use vacation, bonus vacation or compensatory time for such service. In that event, the Employee will not be required to turn in his jury pay. However, the Employee must notify the Department of his desire to exercise this option prior to the first date of jury service.

If the date for jury duty falls upon a day when the Employee is scheduled to work other than Platoon 2, the Department, upon request of the Employee, will rearrange the Employee’s working schedule so that he will be carried working Platoon 2 on that date(s). If the date for jury duty falls upon a holiday an Employee is scheduled to work, the Employee shall be allowed to attend jury duty without loss of the Employee’s holiday work opportunity.

E. For payroll purposes, jury duty shall be considered as time worked.

F. An Employee on jury duty will be continued on the payroll and be paid at his straight time hourly rate of his normally scheduled hours of work. Upon return from jury duty, the Employee shall present evidence of the amount received from such jury duty and return that amount to the City, less any mileage allowance paid for the jury service.

If an Employee fails to turn in his jury duty payment, the City will hold subsequent payments due to the Employee until the City is reimbursed for all time lost due to the alleged jury duty service.

G. Where Employees once impaneled are excused for days or parts of days, reimbursement shall be made only for time served. Employees should otherwise be expected to report for work. (pages 58 of your 2014 - 2019 Contract)

 Guidelines for Representation in  Criminal Cases 

1.  The DPOA will provide legal services to its members who are charged with criminal misconduct when the criminal allegations are a direct result of police action taken by the member within the State of Michigan“Police Action” means action taken in the line of duty while working in uniform or plain clothes during duty hours, or while off duty when preventing the commission of a felony, or in self-defense.  Further the DPOA may provide legal services to its members who are legally ordered by the employer to appear at grand juries, prosecutors’ investigations, or similar entities. 

     An officer, who claims to be taking police action and fails to make a police report within 24 hours of occurrence, will not be provided DPOA legal assistance unless physically incapable of making such report. 

2.  The initial request for representation shall be made by the affected member to an elected DPOA officer or to the Executive Board Member on call who will make the initial decision to provide or deny legal representation based on these guidelines.   Within 72 hours, the affected member must follow-up the initial request with a written request submitted by the member on the prescribed form available at the DPOA office.  Failure to do so will be grounds for denial of legal representation.  The DPOA officers, collectively, reserve the right to review an initial decision to provide or deny legal representation.  A decision by the officers to provide or deny representation shall be reported to the Executive Board for approval or disapproval.  The member shall be advised as soon as possible of the decision of the Executive Board which shall be in writing by the President or his designee.  The member shall be provided written notice which shall inform the member of his right to appeal a denial of representation to the Board of Directors of the Association and direct the member to appear before the Board of Directors if he wishes to appeal the decision.  The member shall be notified of the time, date and place of the Board of Directors Meeting at which he is to appear.  Said notice shall further indicate that the failure to appear will terminate the members’ appeal rights.

     When a member elects to appeal and appears before the Board of Directors, the member shall be given an opportunity to explain his case.  The member shall be advised as soon as possible of the decision of the Board of Directors.  Said decision shall be in writing by the President or his designee. 

     The Board of Directors may reverse the decision of the Executive Board only in accordance with ARTICLE VII, Section 8 of the DPOA Constitution.  The decision of the Board of Directors shall be final and binding. 

3.  Legal representation provided by the DPOA will terminate upon conviction and final judgment except in those cases where both the attorney employed by the DPOA certifies that the matter represents a legal question of major significance to all police officers in the performance of their duties and the Executive Board of the Association makes a determination that such a legal question exists.  In those cases falling within this sole exception, the DPOA will pay for legal representation on the appeal.

 
4.  In the event the accused member has qualified for representation and chooses not to utilize DPOA retained counsel, the Association will pay, upon receipt of documented hours of service, a maximum of $1,000 to the attorney of choice to be paid at the prevailing Association’s retained attorney fee structure for criminal matters, with the DPOA check payable to the member and the private attorney selected by the member, provided the member notifies the President of the DPOA in writing.

5.  A member shall not be eligible for and the DPOA shall not be responsible for any legal expenses for any legal services in any matter where the actions or allegations arise out of or occur in connection with the member’s participation in the Department’s Secondary Employment Program.  Such a member may nevertheless request permission to utilize counsel retained by the DPOA under these Guidelines, who will agree to be paid at the rate normally charged to the DPOA, provided the member and/or the Secondary Employer agree to assume all financial responsibility for retaining such counsel.

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