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Advice of Rights

PLEASE READ: FROM THE DPOA ATTORNEYS

PROTECTION OF YOUR STATUTORY CONSTITUTIONAL RIGHTS AS A POLICE OFFICER

THE SIX “NEVERS” IF THERE’S A CRIMINAL INVESTIGATION INVOLVING YOURSELF:

 Never give a voluntary statement without consulting your attorney. 

  1. Never voluntarily submit to blood or urine tests.
  2. Never voluntarily provide your cell phone and/or password to investigators.
  3. Never take a polygraph examination.
  4. Never discuss the facts of the case with anyone other than an attorney – including partners, supervisors, union representatives, chaplains, or peer support groups.
  5. Never read and certainly never, never post on social media.

 

The DPOA attorneys instruct that you do the following, in each of these situations:

 

  1. If you are read the Miranda warning or are accused of or charged with a criminal offense:
    1. Never give a voluntary statement without consulting with an attorney. You have the right to exercise your constitutional rights to remain silent.
    2. Contact a DPOA Union Steward by dispatch and/or call DPOA office (313) 567-8770 to reach the on-call Executive Board Member.
    3. Do not talk about the incident with anyone, including your union steward, partners, investigators, supervisors, or friends, unless advised to do so by your attorney. These conversations would not be privileged, and they could be called as a witness.

 

  1. If you have discharged your firearm, a person in your custody has sustained a potential life-threatening injury, or you have been involved in a fatality accident:
    1. Contact DPOA Union Steward by Dispatch or/and call DPOA Office 313-567-8770 to reach the on-call Executive Board Member.
    2. Do not talk about it with anyone except your attorney.

 

  1. If ordered by a supervisor to make a voluntary statement:
    1. Before making any oral or written statement, contact a DPOA Union Steward by Dispatch or/and call DPOA Office 313-567-8770 to reach the on-call Executive Board Member.
    2. If a supervisor orders you to make an oral or written statement without the benefit of 72-hour notice or legal assistance, confirm in front of an independent witness or include in your statement that your response is being made without benefit of your 72-hour notice and without benefit of counsel.
    3. If requested to make a statement regarding a potential criminal act, first ask if you are in custody, ask whether you are the target of the investigation and then ask for the opportunity to contact legal counsel. No one can order you to make a voluntary statement. We strongly advise you not to provide a voluntary statement regarding a potential criminal act until you have consulted with an attorney.

 

  1. If you receive a lawsuit by personal delivery, by mail or any other method, immediately follow TELETYPE #21-0026 and contact the city Law Department 313-224-4550

 

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 July1st 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.

Bonus vacation time shall be deducted from the member’s bonus vacation bank before compensatory time shall be taken. In the event that Bonus Vacation days cannot be properly used prior to the end of the fiscal year, they may be carried over for six (6) months only and must be used prior to the end of the calendar year (December 31st). On October 1st the commanding officer shall assign the remaining bonus vacation days at their discretion. (Article 36, Page 55 of Contract)

Compensatory Time Requests

  1. Members wishing to utilize accrued FLSA compensatory time shall submit all requests to their commanding officer(s) in accordance with the following procedures:

 

  1. To secure a date, requests are to be submitted via email to all commanding officer(s) for the shift no less than fourteen (14) days prior to the next twenty-eight (28) day work period (with leave days).
  2. Priority of requests will be on a first-come first-serve basis. No member will be given more than three (3) secure requests during any twenty-eight (28) day work period.
  3. Requests may also be submitted via email to all commanding officer(s) for the shift prior to the date that is requested. Provisions in Paragraph B, C and E apply.
  4. Responses to all requests will be provided to the requesting member via

 

  1. Requests will be granted on a first-come first-served basis in accordance with the following schedule:

 

 

Officers on Duty per Shift Minimum Compensatory Time Requests Granted
1-20 1 per shift
21-40 2 per shift
41-60 3 per shift
61-80 4 per shift
81-100 5 per shift

 

 

  1. In the event that a Member’s request is denied due to another Member being granted the day or it being a day listed as Department wide restricted, the commanding officer shall provide the Member, via email, with a minimum of three (3) alternative dates which are available within twenty-one (21) days of the following date being denied.

 

  1. It is intended that the granting of FLSA compensatory time within the minimum daily grant specified on Paragraph B shall not cause the Department to reduce other available leave days in normal circumstances.

 

 

  1. When the Department restricts leave days on a Department wide basis, the provisions of Paragraph A and B establishing a minimum daily compensatory time to be granted shall not apply. Currently these days are Fireworks (2 days) and the Detroit Free Press Marathon (1 day). (Article 30, Page 48 of Contract)

Death Benefits and Life Insurance

  1. Death Benefits. Section 13-8-8 of the Municipal Code of the City of Detroit currently provides a death benefit of ten thousand dollars ($10,000).

 

  1. Membership shall be mandatory for regular

 

  1. Contribution

 

By the City – $13.30 per year per Employee.

 

By the Employee – $.20 per week or $10.40 per year.

 

  1. Payment for employees killed or permanently disabled in line of duty:

 

  1. A lump sum duty death benefit of ten thousand dollars ($10,000) shall be paid to the beneficiaries or estate of Employees who are killed or who die as a result of injuries sustained in the actual performance of their duties in accordance with the City Council resolution of August 23, 1977, p. 1683, March 26, 1974, p. 627, and March 2, 1954, p. 509.

 

  1. A lump sum payment of ten thousand dollars ($10,000) shall be made to any Employee who is totally and permanently disabled from illness or injury arising solely out of the actual performance of his “Totally and permanently disabled” shall be defined exclusively as follows:

 

  1. Total and permanent loss of sight of both

 

  1. Loss of both legs or both feet at/or above the

 

  1. Loss of both arms or both hands at/or above the

 

  1. Loss of any two of the members of facilities enumerated in , b., c.

 

  1. Permanent and complete paralysis of both legs or both arms or one leg and one

 

  1. Incurable insanity or Claims for this payment shall be made in accordance with the City Council resolution of March 26, 1974, p. 627.

 

  1. Employees who receive a permanent disability under this Article shall be ineligible for the

$10,000 Duty Death Benefit described in Section B.1. above. Denial of the $10,000 Duty Death Benefit may be appealed directly to arbitration in accordance with Article 8 (Arbitration) of this Agreement.

 

  1. Group Life Insurance:

 

A group life insurance program for the Employee and his family is available for all members of the Employees Benefit Plan on an optional basis, under the provisions of the City Code, Chapter 13, Article 9.

 

  1. Membership

 

Optional for members of the Employees Benefit Plan.

 

  1. Contributions

 

The City shall pay one hundred percent (100%) of the premium for insurance up to and including thirty-five thousand dollars ($35,000) for each member plus five thousand dollars ($5,000) for each dependent.

 

Additional life insurance may be purchased through this plan at the Employee’s expense.

 

Employees and their dependents who are on a duty disability retirement shall be covered by this program.

 

    1. Fund for Deceased full time To the extent any employee dies during the term of this agreement, each active fulltime Employee shall be required to contribute $25.00 to a fund for the benefit of the estate of the deceased Employee. The city will make reasonable efforts to coordinate the collection of contributions to the fund for the deceased Employees through the City’s payroll system. (Article 38, Page 57 of Contract)

DROP Plan

MEMORANDUM OF UNDERSTANDING

 

This Memorandum of Understanding (“MOU”) is made and entered into this 21st day of September 2022, between the City of Detroit (“City”) and the Detroit Police Officers Association (DPOA) for the purpose of extending the existing Deferred Retirement Option Plan (“DROP”) as follows:

 

  1. The City shall use reasonable efforts to obtain Bankruptcy Court approval to modify its confirmed bankruptcy plan of adjustment to permit it to amend Article 12 of the Combined plan for the Police and Fire Retirement System of the City of Detroit, (“Combined PFRS Plan”) such that a confirmed limited DROP participant is permitted to request an extension beyond the current maximum of ten (10) years for up to an additional five (5) years as fully described below:

 

  1. Upon reaching ten (10) years of participation in the DROP, a confirmed participant may petition the Chief of Police for an extension of his/her retirement date in one (1) year increments not to exceed a total of fifteen (15) total years.

 

  1. The Chief of Police, at the Chief’s sole discretion, may approve or deny a request for extension which shall not be grievable or, unless contrary to federal or state civil rights laws, subject to litigation or complaint in any format, after review of the following factors:

 

  • The criticality of the vacancy that would be created by the retirement of the member;
  • Current staffing levels and the skill sets of the remaining officers, or lack thereof, to continue the operations in the area of the participant’s responsibilities without disruption;
  • Past performance of the member making the request;
  • Disciplinary history while a participant in the DROP;
  • Other characteristics that would establish the member’s value to the
  1. The participating member whose employment is extended by this MOU shall remain able to perform the essential functions of a police officer subject to existing personnel and professional Department standards.
  2. Any motion before the Bankruptcy Court seeking to amend the Combined PFRS Plan shall reiterate that the proposed amendment to the DROP Plan as described herein shall not affect those members who are currently grandfathered into the unlimited DROP program.
  3. Paragraph (3) of § 12.1 of the Combined PFRS Plan shall be amended to provide as follows:

“(3) Notwithstanding paragraph 2 of this section or any other provision of this Plan, a member of the Detroit Police Lieutenants and Sergeants Association shall be entitled to participate in the DROP program under the Component I for the maximum of ten (10) years. At the end of such ten (10) year period of participation in the DROP program, the member shall be retired and separated from employment. If, however, at the time of the scheduled DROP retirement date, the Chief of Police determines that the skill set or value of the member who is retiring

 

would result in a hardship on department needs or operations, the Chief of Police after mutual agreement with the member may grant an extension of the retirement date in one year increments not to exceed an additional five (5) years for a total of fifteen (15) total years in the DROP. A member granted this extension shall continue to be subject to the below listed criteria.

A member who is participating in the DROP program pursuant to this paragraph

  • 12.1(3) or pursuant to Component II of the Police and Fire Retirement System must be able to perform the essential functions of a police officer, assigned for the duration of his or her participation in the DROP program. Provided, however, that if a member, while participating in the DROP program pursuant to this paragraph
  • 12.1(3) or Component II of the Police and Fire Retirement System requires and is granted restricted duty for 365 consecutive days or more, that member may be retired and separated from employment after the end of such granted time period if the member is unable to perform the essential functions of a police officer.

While participating in the DROP program pursuant to paragraph §12.1(3) or pursuant to Component II of the Police and Fire Retirement System, a member of the Detroit Police Lieutenants and Sergeants Association must receive bi-annual satisfactory performance evaluations according to the performance evaluation standards then in place for sworn officers. Any such member who receives an unsatisfactory performance evaluation shall be entitled to the appeals process then in place, as well as final review by the Chief of Police. If a member receives a second unsatisfactory evaluation, that member may be retired and separated from employment. Additionally, if a participating member receives consecutive adjudicated findings of misconduct, that member may be retired and separated from employment subject to an appeal and final review of the Chief of Police.

 

 

The terms of this MOU shall become effective on the date of execution and shall be retroactive to said date upon approval by the Bankruptcy Court.

(Article 46, Page 66 of 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. 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. (Article 23, Page 38 of 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. (Article 31, Page 49 of Contract)

Funeral Leave

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.

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.

The immediate family is defined as wife, husband, son, daughter, brother, sister, father, mother, stepmother, stepfather or other members of the household, in addition to grandparents, and those that an employee has legal guardianship over.

A relative is defined as a grandson, granddaughter, great grandchild, great grandparent, brother- in-law, sister-in-law, uncle, aunt, mother-in-law or father-in-law. (Article 12, Page 20 of Contract)

 

Garrity Notices

PLEASE READ: FROM THE DPOA ATTORNEYS

PROTECTION OF YOUR STATUTORY CONSTITUTIONAL RIGHTS AS A POLICE OFFICER

THE SIX “NEVERS” IF THERE’S A CRIMINAL INVESTIGATION INVOLVING YOURSELF:

  1. Never give a voluntary statement without consulting your attorney.
  2. Never voluntarily submit to blood or urine tests.
  3. Never voluntarily provide your cell phone and/or password to investigators.
  4. Never take a polygraph examination.
  5. Never discuss the facts of the case with anyone other than an attorney – including partners, supervisors, union representatives, chaplains, or peer support groups.
  6. Never read and certainly never, never post on social media.

The DPOA attorneys instruct that you do the following, in each of these situations:

  1. If you are read the Miranda warning or are accused of or charged with a criminal offense:
    1. Never give a voluntary statement without consulting with an attorney. You have the right to exercise your constitutional rights to remain silent.
    2. Contact a DPOA Union Steward by dispatch and/or call DPOA office (313) 567-8770 to reach the on-call Executive Board Member.
    3. Do not talk about the incident with anyone, including your union steward, partners, investigators, supervisors, or friends, unless advised to do so by your attorney. These conversations would not be privileged, and they could be called as a witness.
  1. If you have discharged your firearm, a person in your custody has sustained a potential life-threatening injury, or you have been involved in a fatality accident:
    1. Contact DPOA Union Steward by Dispatch or/and call DPOA Office 313-567-8770 to reach the on-call Executive Board Member.
    2. Do not talk about it with anyone except your attorney.
  1. If ordered by a supervisor to make a voluntary statement:
    1. Before making any oral or written statement, contact a DPOA Union Steward by Dispatch or/and call DPOA Office 313-567-8770 to reach the on-call Executive Board Member.
    2. If a supervisor orders you to make an oral or written statement without the benefit of 72-hour notice or legal assistance, confirm in front of an independent witness or include in your statement that your response is being made without benefit of your 72-hour notice and without benefit of counsel.
    3. If requested to make a statement regarding a potential criminal act, first ask if you are in custody, ask whether you are the target of the investigation and then ask for the opportunity to contact legal counsel. No one can order you to make a voluntary statement. We strongly advise you not to provide a voluntary statement regarding a potential criminal act until you have consulted with an attorney.
    4. Garrity Notices take a Picture and send to legal@detroitpoa.com and Call 313-567-8770 as soon as you receive notice
  1. If you receive a lawsuit by personal delivery, by mail or any other method, immediately follow TELETYPE #21-0026 and contact the city Law Department 313-224-4550

Getting Duty Related Medical Bills Paid

TELETYPE #21-0046

    TREATMENT AND BILLING FOR DUTY-INCURRED INJURY OR ILLNESS

                   TO BE READ FOR SEVEN (7) CONSECUTIVE DAYS

The Detroit Police Department is working to ensure that members, who are being treated for duty-incurred injuries or illnesses, are not billed for the treatments. To assist the Department, we are asking the members to do their part by adhering to the following:

Whenever seeking treatment for a duty-incurred injury or illness, whether at an authorized clinic for minor injuries or a local hospital for emergency medical services, a current Authorization for Treatment Form should be filled out by the injured member’s immediate supervisor or Police Medical personnel and presented to the facility at the time of treatment.

Member’s personal health insurance cards should not be given to the Hospital or Clinic personnel at any time. Instead, members should state that they are being treated for a duty-incurred injury or illness and further request that no previous existing insurance information in the system be used for billing. This will help prevent the medical facility from erroneously billing the member. The correct billing information for Worker’s Compensation claims should be used and it is listed in detail at the bottom of the Authorization for Treatment form.

In the event that a member is billed for the treatment of a duty-incurred injury or illness they should immediately contact Police Medical and forward a copy of the bill by fax or email (see below). Police Medical will coordinate getting the bill paid through our Third Party Administrator for Worker’s Compensation.

Police Medical Phone: 237-3100

Fax: 237-3105

Email: POLICEMEDICAL@detroitmi.gov

 

Grievance Procedure

  1. Every Employee of the Department shall have the right to present grievances in accordance with the procedure provided 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 twenty-eight (28) calendar days of the occurrence of the alleged violation or within twenty-eight (28) calendar days of an Employee or the Association becoming aware of an alleged violation will be considered untimely and will not be processed.

 

  1. The informal resolution of differences or grievances is urged and encouraged to be resolved at the lowest possible level of supervision.

 

  1. Immediate supervisors, commanding officers and reviewing officers shall consider promptly all grievances presented to them and, within the scope of their authority, take such timely action as is required.

 

  1. Grievances shall be processed according to the following procedure:

 

STEP 1 – Written – Sergeant, Lieutenant, or Captain:

 

The sergeant, lieutenant, or captain will provide a written answer to the steward within seven (7) calendar days after receipt. Acceptance or rejection of the answer will be written on the grievance form by the steward.

 

STEP 2 – Appeal to Commanding Officer of the Precinct or Division:

 

If the grievance is not satisfactorily adjusted at Step 1 or acted upon by the sergeant, lieutenant, or captain within seven (7) calendar days, it may be appealed by the chief steward to the Commanding Officer of the precinct or division within three (3) calendar days. The Commanding Officer will discuss the grievance with the steward, chief steward, or both, and the aggrieved Employee(s) and render a written answer within seven (7) calendar days of his/her receipt of the grievance.

 

STEP 3 – Appeal to the Chief of Police:

 

If the grievance is not satisfactorily settled or adjusted in Step 2, it will be referred to the President of the Association or his designated representative, who may appeal it to the Chief of Police within fifteen (15) calendar days. A meeting to discuss the grievance will be held between the President or his designee, or both, and members of the grievance committee, and the Chief of Police or his designee within ten (10) calendar days after receipt of the grievance by the Chief of Police. A written decision will be rendered by the Chief, or his designated representative, within ten (10) calendar days of the meeting. By mutual agreement, the parties may extend the timeline in order to enable the Chief of Police to participate directly.

 

Medical Grievance Procedure:

 

The Labor Relations Division will provide notice to the President of the Association and the Employee’s Commander of all grievances involving medical issues

 

  1. Notwithstanding any other provisions herein, individual Employees may present their own grievances to the Department and have them adjusted without the intervention of the steward or Union officers; provided, however, that the Department has given the steward or Union officers notice and an opportunity to be present at such In no event shall any such adjustment be contrary to or inconsistent with the terms of any agreement between the Department and the Union.

 

  1. Grievances not appealed in writing to the next step within the time limits set forth above will be considered settled on the basis of the last decision, provided that any grievance not responded to by the Department within the time limits set forth above will be automatically moved to the next step in the grievance Additionally, the time limits of the grievance procedure may be shortened or extended by mutual agreement.

 

  1. Grievances affecting a large number of employees or concerning a transfer between commands may be treated as policy grievances and entered at the third step of the grievance procedure by the One or more members of the Grievance Committee may attend hearings on policy

 

grievances entered at Step 3 with the permission of the Labor Relations Section. Such permission shall not be unreasonably refused.

 

  1. In instances wherein the subject matter of the grievance lies within the jurisdiction of specific City agencies (e.g., payroll, etc.), the grievance steps may be reduced in order to bring the grievance to the agency’s immediate attention for a recommendation as to the action to be Further, the Chief of Police and the President of the Association will be permitted, at their discretion, to participate at any step of the grievance procedure.

 

    1. Binding Mediation Procedure. By mutual agreement, the parties may submit certain disputes to an abbreviated binding mediation procedure in lieu of arbitration. The parties will identify at least one (1) permanent arbitrator from the permanent panel selected under Article 8 who shall schedule one (1) additional hearing date each Prior to each scheduled hearing date, each party may submit up to five (5) grievances and disciplinary matters for a binding recommendation by the arbitrator serving as a mediator. Each party shall provide the other party and the arbitrator with advance notice of the matters to be presented, including relevant documentation. Either party may reject a matter that is proposed to be heard. The mediation hearing shall be informal, and the parties agree to be bound by the recommendation of the arbitrator serving as a mediator. (Article 7, Page 8 of Contract)

If you are questioned about an officer-involved shooting or the use of force

PLEASE READ: FROM THE DPOA ATTORNEYS

PROTECTION OF YOUR STATUTORY CONSTITUTIONAL RIGHTS AS A POLICE OFFICER

WHAT TO DO IN A SHOOTING

If you are involved in a police related shooting at any time, on or off duty, a DPOA Executive Board member will respond.

1-Quickly notify Dispatch of shooting and request a Union Representative.

2-Secure the scene. Delegate perimeter control until a supervisor arrives.

3-Do not talk to anyone Including your Union Steward about the shooting until your attorney arrives. However, if a supervisor asks you to provide a “public safety statement”, refuse the request and request they order you to answer the questions. Once ordered to answer the supervisor’s questions, comply with the order.

4-Preserve physical evidence.

5-Maintain your weapon as is.   It will be inspected by a supervisor.

6-The DPOA Attorney will confer with you before any report is completed.

At no time should you ever think you are not the focus of an investigation

You should always request a Union Steward either by Radio or call the DPOA office at 313-567-8770. There is an Executive Board Member on call. Do not do interviews with supervisors, Internal Affairs or anyone else. They can provide you with written statements “Questions” on a 568. You should schedule an appointment with the DPOA office to have questions answered with the assistance of a DPOA attorney and/or Associate representative. Do not answer them yourself.

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

Longevity Pay

Upon ratification of this Agreement, longevity will be reinstated for payment the first pay period in December The review period will be December 2021 to December 2022.

 

  1. Employees may qualify for the first step of longevity pay, provided they have served as City employees for an accumulated period of five (5) years.

 

  1. Employees may qualify for the second step of longevity pay, inclusive of the first step provided they have served as City employees for an accumulated period of eleven (11)

 

  1. Employees may qualify for the third step of longevity pay, inclusive of the first step and second steps, provided they have served as City employees for an accumulated period of sixteen (16) years.

 

  1. Employees may qualify for the fourth step of longevity pay, inclusive of the first step, second step, and third step provide they have served as City employees for an accumulated period of twenty-one (21) years.

 

  1. The first step of longevity increment shall be one percent (1%) of the employee’s base salary, the second step of longevity increment, inclusive of the first step, shall be two percent (2%) of the employee’s base salary. The third step of longevity increment, inclusive of the first and second steps, shall be three percent (3%) of the employee’s base salary. The fourth step of longevity increment, inclusive of the first, second and third steps, shall be four percent (4%) of the employee’s base salary.

 

  1. Employees who qualify for longevity pay and have accumulated at least 216 days of paid time exclusive of overtime premium time during the year immediately preceding any December 1st date or the day of payment will qualify for a full longevity payment provided they are on the payroll on the December 1st date or any other date of qualification. Except for employees first qualifying for increments the payment will be made in a lump sum annually on the first pay date after December 1st.
  2. No employee will be denied a full longevity payment on December 1st because of the temporary unpaid absence of the thirty (30) continuous days or less extending through the December 1st date in question.
  3. Employees who first qualify for longevity pay increments in any month after any December 1st date shall be paid such increment on a pro-rata basis upon attaining such qualification in the amount of a full increment less one-twelfth (1/12) thereof each calendar month of fraction thereof from the previous December 1st date to date of such

 

  1. Prorated longevity payments may be made between December 1st dates to qualified employees and officers who separate or take leave from City service, excluding those who are discharged, those who resign with a vested pension. Such prorated longevity increment shall be paid for time served on a full calendar month basis since the date of their last longevity payment, provided, that each month shall contain at least eighteen (18) days of service.

(Article 45, Page 65 of Contract)

Ordered to make written statements

After an Employee is ordered to make any written statement in response to any alleged misconduct or possible misconduct on his part, he shall have up to seven (7) days from the time of the order in which to comply. The parties may extend this period by mutual agreement. If any Employee is ordered to make an oral statement, he shall comply subject to the receipt of Miranda or Garrity warnings or both and shall be given a reasonable time to act in accordance with such rights. (Article 16 (B), Page 27 of Contract)

Regularity in the Use of Sick Leave Benefits

  1. 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

 

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.

 

  1. 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 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 constitute disciplinary action and as such may not be noted in the administrative counseling register. Further, said detailed report shall be removed from D.
  2. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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 A designation of “Absent No Pay” will be entered in timekeeping records.

 

    1. Appeals. Any member may file a grievance regarding the imposition of a Notice of Regularity in the Use of Sick Leave Benefits, 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. (Article 35, Page 54 of Contract)

Uniforms

  1. 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 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.
  2. 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.

 

  1. 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.

 

  1. 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. (Article 19, Page 31 of Contract)

Use of Compensatory Time in Lieu of Disciplinary Suspension

  1. Use of Compensatory Time in Lieu of Disciplinary Suspension – Members subjected to disciplinary suspension may elect to use compensatory time deducted from their compensatory time bank in lieu of the loss of actual workdays resulting from suspension. (Article 16 (O), Page 30 of Contract)

 

Use of E-Day and Overtime

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. 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. (Article 23, Page 38 of Contract)

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:

  • Colonial
  • Pre-paid Legal
  • Professional Insurance Co. (PIC)
  • Life USA
  • Primerica
  • Smith Barney
  • New England Financial
  • Central United
  • MI-COPS
  • 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.