MEMORANDUM OF UNDERSTANDING between THE BALTIMORE

DMFIRM #400231086 v10

MEMORANDUM OF UNDERSTANDING

between

THE BALTIMORE CITY POLICE DEPARTMENT

and the

BALTIMORE CITY LODGE NO. 3,

FRATERNAL ORDER OF POLICE, INC.

UNIT I

POLICE OFFICERS, POLICE AGENTS AND FLIGHT OFFICERS

FISCAL YEARS 2022-2024

FOP Unit I Fiscal Years 2022-2024 i DMFIRM #400231086 v10

BALTIMORE CITY POLICE DEPARTMENT and

BALTIMORE CITY LODGE NO. 3, UNIT I

TABLE OF CONTENTS

Page

DECLARATION OF PRINCIPLE, POLICIES, AND PURPOSES ................................................................... 1

ARTICLE 1 RECOGNITION .................................................................................................................. 1

ARTICLE 2 CHECK-OFF ....................................................................................................................... 1

ARTICLE 3 MANAGEMENT RIGHTS ...................................................................................................... 2

ARTICLE 4 NON-DISCRIMINATION ..................................................................................................... 2

ARTICLE 5 GRIEVANCE AND ARBITRATION PROCEDURE ..................................................................... 2

ARTICLE 6 LODGE REPRESENTATIVES ................................................................................................ 5

ARTICLE 7 VACATIONS, HOLIDAYS, DAYS OFF AND SPECIAL LEAVE .................................................... 5

ARTICLE 8 SAFETY ........................................................................................................................... 12

ARTICLE 9 HEALTH AND WELFARE .................................................................................................... 13

ARTICLE 10 OVERTIME AND HOURS OF WORK .................................................................................. 15

ARTICLE 11 COMPENSATION............................................................................................................. 20

ARTICLE 12 SECONDARY EMPLOYMENT ............................................................................................. 21

ARTICLE 13 COURT TIME .................................................................................................................. 23

ARTICLE 14 PROTECTION AGAINST LIABILITY ................................................................................... 23

ARTICLE 15 DISCIPLINE .................................................................................................................... 23

ARTICLE 16 UNIFORMS AND CLOTHING ............................................................................................ 30

ARTICLE 17 EDUCATIONAL INCENTIVE PAY ....................................................................................... 30

ARTICLE 18 DISABILITY .................................................................................................................... 31

ARTICLE 19 JOINT LABOR-MANAGEMENT LIAISON COMMITTEE ......................................................... 31

ARTICLE 20 BULLETIN BOARDS AND COMMUNICATIONS ................................................................... 32

ARTICLE 21 ADMINISTRATIVE LEAVE FOR LODGE REPRESENTATIVES ................................................ 32

ARTICLE 22 NO STRIKE, SECONDARY BOYCOTT OR LOCKOUT ........................................................... 33

ARTICLE 23 WORKING CONDITIONS ................................................................................................. 33

ARTICLE 24 PROMOTIONS AND TRANSFERS ...................................................................................... 35

ARTICLE 25 PROPERTY REIMBURSEMENT .......................................................................................... 36

ARTICLE 26 MEDICAL LEAVE POLICY ................................................................................................. 37

ARTICLE 27 LAYOFFS ........................................................................................................................ 43

ARTICLE 28 PERSONAL PRONOUNS ................................................................................................... 44

ARTICLE 29 PRESERVATION OF BENEFITS ......................................................................................... 44

ARTICLE 30 PRINTING OF MEMORANDUM ......................................................................................... 44

ARTICLE 31 SEVERABILITY ............................................................................................................... 44

ARTICLE 32 DURATION ..................................................................................................................... 44

FOP Unit I Fiscal Years 2022-2024 ii DMFIRM #400231086 v10

ADDENDUM A Third Health And Prescription Drug Plan Agreement ...................................................... 46

ADDENDUM B Salary Schedules – Unit I ............................................................................................. 68

ADDENDUM C Secondary Employment ............................................................................................... 72

ADDENDUM D Reasonable Suspicion For Drug Testing While Investigating Cases Of Deadly Force ......... 73

ADDENDUM E Payment For Court Appearances (Retired Police Officers) .............................................. 74

ADDENDUM F Breaking Ties For Promotions ....................................................................................... 75

ADDENDUM G Retiree Health Care Premiums ..................................................................................... 76

ADDENDUM H Recruitment and Training ............................................................................................ 77

ADDENDUM I Grievance and Arbitration and Discipline ........................................................................ 78

ADDENDUM J Civilians on Hearing Boards .......................................................................................... 79

ADDENDUM K Limited/Light Duty ....................................................................................................... 84

ADDENDUM L Patrol Incentive Program .............................................................................................. 88

ADDENDUM M Patrol Schedule........................................................................................................... 89

ADDENDUM N Mission Critical Stipend ................................................................................................ 91

ADDENDUM O Tuition Reimbursement ............................................................................................... 92

ADDENDUM P Joint Labor Management Cost Containment Committee ................................................. 93

ADDENDUM Q Defining Seniority ....................................................................................................... 94

FOP Unit I Fiscal Years 2022-2024 1 DMFIRM #400231086 v10

MEMORANDUM OF UNDERSTANDING

BALTIMORE CITY POLICE DEPARTMENT and

BALTIMORE CITY LODGE NO. 3, FRATERNAL ORDER OF POLICE, UNIT I

DECLARATION OF PRINCIPLE, POLICIES, AND PURPOSES

It is the intent and purpose of the Baltimore City Lodge No. 3, Fraternal Order of

Police, Inc. (“Lodge”) and the Baltimore City Police Department (“Employer” or

“Department”) to promote and improve the efficiency of the operations of the City of

Baltimore and the Baltimore Police Department. In order to render the most efficient

public service to the citizens of the City, the Lodge and Employer agree that this goal can

best be achieved through an orderly, constructive and harmonious relationship between

them. The parties hereto are in further accord that effective employee relations in the

public service requires a clear statement of wages, hours and working conditions and of

the respective rights and obligations of labor and management and requires a mechanism

for the peaceful and equitable resolution of differences which may arise. For these

purposes the parties enter into this Memorandum of Understanding (“Memorandum”).

ARTICLE 1

RECOGNITION

Pursuant to the provisions of the Municipal Employees Relations Ordinance, Article

12 of the Baltimore City Code (1983 Replacement Volume, as amended) and the Code of

Public Local Laws of Baltimore City, Section 16-8A, the Employer recognizes Baltimore

City Lodge No. 3, Fraternal Order of Police, Inc. as the sole and exclusive representative

of Unit I, all sworn police personnel below the rank of Sergeant, with the exception of (a)

those employees determined to be confidential by the Labor Commissioner in accordance

with the Municipal Employees Relations Ordinance and (b) probationary employees.

Solely for the purposes of this Memorandum and Lodge membership and representation,

“probationary employee” means any sworn employee who has not completed entrance

level training, and this in no way modifies the probationary period as defined in Section

16-10 (e) (2) of the Code of Public Local Laws of Baltimore City or the Law Enforcement

Officers’ Bill of Rights, which remains in effect through June 30, 2022. For the purposes

of this Memorandum of Understanding, all police officers, police agents, and flight officers

in the Police Department shall be referred to as “employees” or “members of the

bargaining unit.”

ARTICLE 2

CHECK-OFF

The Employer agrees to deduct Lodge dues from the pay of any eligible employee

whom it is certified to represent and who authorizes such deductions in writing pursuant

to the provisions of the Municipal Employees Relations Ordinance. The Employer shall

transmit all such monies withheld to the Lodge within fourteen (14) days of said

deduction. The Employer agrees to supply the Lodge or its designee with a dues

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deduction computer printout on a quarterly basis throughout the term of this

Memorandum. Said printout shall include each individual's name, address, workplace,

annual salary, and amount deducted per pay period. Charges for deducting the cost of

Lodge-sponsored programs, if any, shall be in accordance with city-wide policies currently

in effect.

Such authorization shall be continued from year to year unless revoked in writing

by the employee, thirty (30) days prior to the anniversary date of the authorization.

The Lodge shall indemnify and save the Employer harmless from any and all

claims, grievances, actions, suits or other forms of liability or damages that arise out of

or by reason of the disposition of the funds deducted under this Article as soon as they

have been remitted by the City to the Lodge.

Pursuant to the Municipal Employees Relations Ordinance, no other employee

organization, within the meaning of Baltimore City Code, Article 12, Section 1-1(e)(1),

shall be entitled to check off dues.

ARTICLE 3

MANAGEMENT RIGHTS

Subject to the provisions of this Memorandum, the Employer shall have all of the

rights set forth in Article 12, Section 3-2 of the Baltimore City Code (1983 Replacement

Volume, as amended), Article II, Section 27 of the Baltimore City Charter (1996 Edition)

and the Code of Public Local Laws of Baltimore City, Subtitle 16, Police Department, which

provisions are incorporated herein by reference.

ARTICLE 4

NON-DISCRIMINATION

The provisions of this Memorandum shall be applied equally to all employees in

the bargaining unit for which the Lodge is the certified representative without

discrimination as to age, sex, marital status, race, creed, color, national origin, political

affiliation, disability as defined in the Americans With Disabilities Act (ADA), or sexual

orientation.

ARTICLE 5

GRIEVANCE AND ARBITRATION PROCEDURE

A. Subject to any limitation of existing law, any grievance, defined in the Municipal

Employees Relations Ordinance Article 12, Section 1-1(g) as a dispute concerning the

application or interpretation of the terms of this Memorandum of Understanding or a

claimed violation, misrepresentation or misapplication of the rules or regulations of the

Employer affecting the terms and conditions of employment, may be settled in the

following manner:

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STEP 1:

A grievance may be initially filed orally with the aggrieved employee's immediate

supervisor within thirty (30) calendar days from the event or when the aggrieved

employee should have reasonably known of the grievance. The designated Lodge

Representative may represent the employee in presenting the grievance. The

parties shall attempt to resolve the grievance informally. Consultation with second

level supervision is permissible provided all parties agree.

STEP 2:

If not resolved at Step 1, the grievance shall be filed in writing with the District

Section, or Unit Commander. (The “Sections” or “Units” referred to in this

paragraph are the Police Commissioner's Staff, Divisions, and Sections, the Staff,

Sections, and Units of the Deputy Commissioners, and the Sections within the

Neighborhood Patrol Division, Criminal Investigation Division, Administrative

Bureau, Public Integrity Bureau, and Compliance Bureau). The writing shall state

generally the substance of the grievance and identify the aggrieved employee.

The parties shall meet within seven (7) days of the filing of the grievance at this

step to discuss its substance. The District or Unit Commander shall give his

decision in writing within seven (7) working days after the aforesaid meeting.

STEP 3:

If not resolved at Step 2, the grievance may be presented to the relevant Division

Chief or Deputy Commissioner (Neighborhood Patrol Division, Criminal

Investigation Division, Administrative Bureau, Public Integrity Bureau, and

Compliance Bureau), who shall meet with the designated Lodge Representative

and the aggrieved party within ten (10) working days after the grievance has been

denied, and shall give his answer in writing within ten (10) working days of this

meeting.

Special Provision - STEP 3:

Within thirty (30) days of an alleged grievance, the Lodge is authorized to present

said grievance at this step if the grievance affects a significant number of

employees in more than one (1) District, Section, or Unit. Should this provision

be used, the relevant Division Chief or Deputy Commissioner will meet with the

Lodge Representative(s) within ten (10) working days of the filing of said grievance

and will provide, in writing, an answer within fourteen (14) days following the

aforementioned meeting.

STEP 4:

If the grievance is not resolved at Step 3, the grievance may be presented to the

Police Commissioner or designee who shall meet with the designated Lodge

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Representative(s) within ten (10) working days of the denial and shall give his

response within fourteen (14) working days of the meeting.

STEP 5:

a) If a grievance has not been satisfactorily resolved at Step 4, the

Lodge may, within ten (10) working days of the completion of Step 4,

initiate arbitration by written notice to the Police Commissioner and the

Labor Commissioner of the Lodge's decision to arbitrate.

b) Within five (5) working days after receipt of the notice, the parties

shall attempt to agree upon an arbitrator. If such attempts fail, within ten

(10) working days after receipt of a panel of seven (7) names obtained from

the Federal Mediation and Conciliation Service upon the request of either

party, the parties shall alternately strike names from that panel until one

(1) name remains. That person shall be the arbitrator.

c) Briefs shall be filed only if the arbitrator determines they are

necessary.

d) The arbitrator's decision shall be final and binding on all parties.

e) The Employer cannot present a grievance to the arbitration step.

f) The cost of any arbitration proceedings under this Memorandum

shall be equally divided between the Department and the Lodge.

g) Saturdays, Sundays and legal holidays shall not be counted in

computing time limits.

B. The Lodge shall be the exclusive representative in all grievance matters, except

that an employee may represent themself as provided in Section 4-1(d) of the Municipal

Employees Relations Ordinance, and except that if a grievance has not been resolved in

Step 1, an aggrieved employee may request, upon notice in writing within five (5)

calendar days after conclusion of Step 1, that the grievance be submitted to the Personnel

Service Board in accordance with the provisions of Section 16 of the Code of Public Local

Laws of Baltimore City. If the employee makes such a request, he shall be deemed to

have waived his right to have his grievance processed through Steps 2-4 hereof. Section

4-1(d) of the Municipal Employees Relations Ordinance shall apply to any adjustment of

an employee's grievance by the Department or the Personnel Service Board pursuant to

this paragraph.

C. All grievances in writing shall be filed on a form developed jointly by both parties.

The grieving party shall retain a copy of the grievance form submitted.

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D. It is agreed that the arbitrator is not empowered to hear, reverse, remand, set

aside or in any way modify a judgment in a disciplinary proceeding. Such judgment shall

continue to be appealable only in accordance with the procedures set forth in the Law

Enforcement Officers’ Bill of Rights, which remains in effect through June 30, 2022, or

the Maryland Police Accountability Act of 2021 - Police Discipline and Law Enforcement

Programs and Procedures, HB 670 (“HB 670”), Section 3-106 (I) and (J).

ARTICLE 6

LODGE REPRESENTATIVES

A. The Lodge may appoint representatives in the Department as follows:

One (1) in each District of the Neighborhood Patrol Division

One (1) in the Special Operations Section or Special Services Section

One (1) in the Criminal Investigations Division

One (1) in the Public Integrity Bureau or the Compliance Bureau

One (1) in the Administrative Bureau

One (1) Employee at Large

B. A written list of Lodge Representatives shall be furnished to the Department

immediately after their designation and the Lodge shall notify the Department promptly

of any change of such representatives.

C. After appropriate notice to his Commanding Officer, a Lodge Representative shall

be granted reasonable time off during working hours with pay when he is engaged in

processing (investigating and presenting) a grievance under Article ARTICLE 55 of this

Memorandum, and where it will not interfere with the operations of the Department.

ARTICLE 7

VACATIONS, HOLIDAYS, DAYS OFF AND SPECIAL LEAVE

A. DEFINITIONS

Leave, for the purposes of this Article, is defined as:

1. Vacation Leave (V Hours)

2. Holiday Leave (P Hours)

3. Scheduled Days Off (H days)

4. Compensatory Leave (C Hours)

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B. REQUEST FOR LEAVE

1. Leave requested from November 1 to December 10 for the next

calendar year. Employees requesting leave for the next calendar year from November 1

to December 10 shall designate all Vacation (V Hours), Holiday Leave (P Hours), and

accrued Compensatory Leave (C Hours) as of the request date to be taken. All leave

requests shall not be unreasonably denied. Leave requests submitted between November

1 to December 10 as part of the calendar year leave request process shall be granted on

the basis of seniority within rank. Any leave requests submitted pursuant to this Section

which have not been approved or denied as of December 20 shall be deemed approved.

All H Days connected to leave submitted and approved pursuant to this Section shall

receive the same protections from cancellation as said leave.

2. Leave requested for a calendar year in which leave selections

already have closed. Employee requests for Vacation Leave, Holiday Leave, and

accrued Compensatory Leave for a calendar year in which the bidding has already closed

shall be granted on a first come, first served basis. Such leave shall be approved or denied

by the employee’s immediate permanent ranked supervisor, or by the permanent ranked

person filling that position during such supervisor’s absence, within ten (10) days of

submission. All leave requests shall not be unreasonably denied. Notwithstanding the

foregoing, it is agreed that it is reasonable to deny leave if granting it would take the

shift below the shift constant (the shift constant in effect will be publicized to affected

employees). Any documented requests for Vacation Leave, Holiday Leave, or accrued

Compensatory Leave which have not been approved or denied within 10 days of the

submission shall be deemed approved.

3. In those instances where a senior police officer puts in for vacation leave

and subsequently withdraws same and then decides to resubmit a request for the same

leave days on or before December 10, said leave shall be granted unless another police

officer has already submitted a leave request for the same dates, regardless of the

officer’s seniority.

4. See Article 10D-10F for additional provisions governing leave bidding.

C. VACATION LEAVE (V HOURS)

1. Employees shall be granted the same number of vacation hours as in the

past and consistent with the schedule which is set forth in the Administrative Manual. The

rate of vacation leave accrual is based upon the eligible employee's length of continuous

service and is earned at a set rate for each completed month of service.

For FY 2022 leave bidding, prior to the language in Sections B1-B3 of this Article taking effect, the

parties agreed, given the contract settlement date, to a modified schedule for FY22 leave bidding, as

provided in the parties Amendment to the MOA, executed on January 10, 2022.

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For reference purposes, the present vacation schedule is as follows:

COMPLETED YRS OF

CONTINUOUS SERVICE

VACATION HOURS

EARNED PER MONTH

PER YEAR FULL-TIME

EMPLOYEE

0 through 5 8.5 102

6 through 10 10.625 127.5

11 through 13 12.75 153

14 through 18 14.875 178.5

19 or more 17 204

Employees shall be charged 8.5 vacation hours when they take off a work day.

2. Employees’ current vacation buckets will be allowed to go into the negative

by one year’s worth of vacation hours. Employees may use such vacation consistent with

usual scheduling practices. (If an employee leaves employment during the year and uses

more vacation for the year than has been accrued, the employee will be required to

reimburse the City for such used vacation.)

a. Vacation Leave scheduled and approved prior to December 10

shall

be cancelled only in the event of an extreme emergency declared by the Police

Commissioner or the Commissioner's designee or when otherwise directed by the

Police Commissioner.

These criteria shall also be followed for any other type of leave (P Hours or

H Days) which is obviously scheduled in conjunction with Vacation Leave.

b. Regardless of date scheduled and approved, a paid vacation leave

period (V hours, P hours, or C hours) in a block equal to the total number of hours

worked between the employee’s scheduled H days shall be cancelled only in the

event of an extreme emergency declared by the Police Commissioner or the

Commissioner's designee or when otherwise directed by the Police Commissioner.

This shall also apply to any H days taken in conjunction with the vacation period.

3. It is not the intent of Section C.2 to preclude an employee from making a

vacation period using more than 17 P hours. However, this type of vacation period would

not receive the same protection against cancellation as that described in Section C.2.

4. The Vacation Leave accumulation bank for bargaining unit employees is

1,642 hours including any previously accrued K hours through June 30, 2000.

Notwithstanding any provision to the contrary, under no circumstances shall any hours

be accrued beyond 1,642 hours for any reason after December 31st of any calendar year.

5. Effective January 1, 2015, vacation leave accumulation for all current

employees shall be capped at 1,063 hours. Employees who have already accrued 1,642

vacation leave hours or a number between 1,063 and 1,642 accumulated vacation leave

FOP Unit I Fiscal Years 2022-2024 8 DMFIRM #400231086 v10

hours as of January 1, 2015 shall maintain those hours. Employees hired after January

1, 2015 may accumulate up to 383 vacation leave hours.

D. HOLIDAY LEAVE (P HOURS)

Employees will be provided with Holiday Leave hours equal to 13 holidays (or 14

holidays in a congressional election year), with the Holiday Leave provided to employees

at the commencement of the calendar year – this will be the equivalent to 111 P hours

(or 119.5 P hours in a congressional election year).

Holiday Leave is available for use throughout the calendar year and may be

scheduled through the annual leave bidding process, if the employee chooses to do so.

If, due to Department operational needs, an employee’s Holiday Leave is cancelled by

the Department and the employee is unable to reschedule such leave during the same

calendar year, it will be paid out after the calendar year in which it was earned and

unused at the employee’s straight time rate of pay.

Holiday Leave is not subject to accrual, accumulation or payment at separation

from service. If an employee separates from service for any reason, the employee will

be required to pay back Holiday Leave used on a pro rata basis, which may be deducted

from any final leave payout and/or their final pay. For purposes of determining pro rata

repayment, a holiday shall be deemed “earned” on the day the holiday is normally

observed as designated by the General Orders and/or the Labor Commissioner. Example:

If an employee has used thirteen holidays and the employee separates on October 31,

the employee shall be required to repay three holidays (Veterans Day, Thanksgiving, and

Christmas Day).

Employees who work on the actual day for Thanksgiving, Christmas and/or New

Year's shall be paid an additional four (4) hours compensation.

In the event two (2) or more employees have scheduled and approved Holiday

Leave on the same day and it becomes necessary to cancel said leave, the last requested

leave shall be the first cancelled, unless the employees agree otherwise.

E. SCHEDULED DAYS OFF (H DAYS)

1. Cancellation and Rescinded Cancellation of H Days

a. If an employee receives notice of the cancellation of their H Day,

which is not being taken in conjunction with approved leave, as provided in Section

B.1 and C.2.b of this Article, the employee shall receive four (4) hours of pay

(hereinafter “penalty pay”). The penalty shall apply even if the cancellation of the

H Day is rescinded by the Department. If the cancellation is rescinded, and the

employee is not compelled to work, the relief for the rescinded cancellation is

limited to the penalty pay.

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b. If the employee is compelled to work on their H Day due to a

cancellation, in addition to the penalty pay, the employee shall be entitled to

reschedule the substitute day off within the same work period as the originally

scheduled H Day, subject to manpower constraints, as follows. If the employee

can reschedule the substituted day off on the same day of the week as the

cancelled H Day, he/she shall take that day off. If the employee is unable to

reschedule the substituted day off on the same day of the week within the same

work period, the employee shall have the option either of taking the substituted

day off or receiving pay for the cancelled day at his/her regular rate of pay for the

H Day that was forfeited in addition to the penalty pay discussed above.

c. In order to avoid cancellation of H Days for all employees, the

Department may cancel H Days only for certain employees or classes of

employees.

2. An employee retains the option to request a change in his or her regularly

scheduled H days within the twenty-eight (28) day work period. His or her immediate

supervisor may grant the request. In that circumstance, the above provisions of this

Section shall not apply.

3. Regardless of the foregoing Section 1, the Employer shall have the right to

designate five (5) days for each subsequent calendar year on which all H days will be

considered cancelled. For 2022, this designation will take place on or after January 21

(immediately following the close of the 2022 vacation period), and for 2023 and

thereafter, it will take place on or after December 21 (immediately following the close of

the December 20 vacation period). Employees working on such H days will be paid time

and one-half for working such days but shall have no right to take the day off. The only

exception to this provision shall be for those employees who have scheduled vacation

leave (and any H days in conjunction with that vacation) during the annual scheduling

period, who shall not have their vacation leave or H days cancelled on the days designated

in this Section 3.

F. SCHEDULED DAYS CHANGED OR CANCELLED

An employee's scheduled days off or approved leave shall not be changed or

cancelled solely for the purpose of avoiding the payment of overtime, over the objection

of the employee. This provision shall not apply if such day is cancelled for operational

reasons.

G. TRANSFERS, REASSIGNMENTS, PROMOTIONS

Changes or cancellation of leave as covered in Sections B, C, and D shall not apply

in cases of voluntary transfers, voluntary reassignments, promotions or disciplinary

actions. Sections B, C, and D of this Article cover involuntary transfers and involuntary

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reassignments. In cases of promotions only, Section B.1 dealing with vacation leave

which has been scheduled and approved prior to December 10

, shall apply.

H. LEAVE ORDER OF PRIORITY

When it becomes necessary, for operational reasons, to cancel previously scheduled

and/or approved leave, the following order of priority for cancellation shall be adhered

to:

1. C Hours – Compensatory Leave

2. P Hours - Holiday Leave

3. V Hours – Vacation Leave

4. H Day – Scheduled Day Off

I. BEREAVEMENT LEAVE

An employee shall be granted four (4) consecutive work days of leave of absence

with pay for the death of a member of the employee's immediate family. The immediate

family includes: Mother, Father, Sister, Brother, Spouse, registered domestic partner (as

defined by the Baltimore City Code, provided the name of the domestic partner is filed

on record with the Baltimore City Department of Personnel in advance), Child,

Grandparent, Grandchild, Mother-in-law, Father-in-law, step or half-blood relatives, or

any relative residing in the same household as the employee. These four (4) days of

leave will be granted beginning either on the day of death or the work day immediately

following the day of death, at the employee's request. In the event that funeral

arrangements are delayed because of out-of-town travel or other extenuating

circumstances, the four (4) consecutive work-day requirement shall be waived. The

employee shall also be granted four (4) consecutive work days of leave of absence with

pay in the event of a stillborn birth.

One (1) day's leave of absence will be authorized for the death of the employee's

Aunt, Uncle, or Great Grandparent

This one (1) day leave of absence must be taken

within four (4) calendar days of the date of death.

J. CHILD CARE LEAVE

Employees in the Unit shall be eligible for leave under the Family and Medical

Leave Act (“FMLA”) for birth of an employee’s child. The employee shall be permitted to

use any accrued vacation or personal leave hours, banked days, P hours, VMI hours,

compensatory leave hours and 42.5 accrued sick leave hours up to a maximum of twelve

(12) weeks of FMLA leave. Time off granted in accordance with this provision will be

considered leave days pursuant to the Agency’s FMLA policy. This leave shall be granted

unless the Police Commissioner shall declare a public emergency requiring the

cancellation of all leave throughout the agency for a stated period of time after which the

affected employee shall be returned to paid leave as described herein.

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K. TERMINAL LEAVE

Within sixty (60) calendar days of an employee’s effective date of retirement, said

employee shall have the right to schedule up to sixty (60) calendar days of terminal leave,

excluding scheduled days off, using accrued and unused compensatory or vacation leave

that otherwise would be paid out at termination. Any leave time that would not be paid

out at termination is not eligible for use in this terminal leave period.

L. DONATION LEAVE

Subject to approval by the employee’s Commanding Officer, an employee with

banked vacation leave may transfer up to 17 vacation hours per calendar year to another

Unit employee (donee) who is experiencing a personal hardship, providing the following

conditions are met:

1. The donee has exhausted all of his/her accrued leave including Vacation,

Personal Leave, K hours (while applicable) and VMI hours.

2. The transfer of leave pursuant to this section is strictly a donation. Leave

may not be transferred in exchange for cash or other remuneration.

3. The donee must be experiencing a hardship for which the transfer of leave

provides relief.

4. All leave transferred pursuant to this section is an irrevocable transfer.

5. A donee may receive no more than 255 transferred hours in any one

calendar year.

6. Use of donated leave by employees on suspension or termination is not

authorized.

Notwithstanding the above provisions, the Police Commissioner will exercise sole

authority as to the continuance of this section and may terminate this program upon 30

days written notice to the bargaining unit and any affected personnel.

M. Payment for Unused Leave

Upon resignation, termination of employment or retirement from the Department,

employees shall be paid in full for any accumulated vacation and personal leave at their

regular rate of pay.

N. Medical Leave Bank

The Fraternal Order of Police (FOP) Medical Leave Bank hereinafter referred to as

“the Bank” will continue in effect. Membership in the Bank will be voluntary for all

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employees hired after June 25, 1997. All new employees who request membership in the

bank will be assessed 8.5 hours of medical leave for deposit in the Bank.

An employee in the bargaining unit may receive a grant from the Bank only after:

1. Filing an application with the Medical Leave Bank Committee.

2. Submitting satisfactory medical evidence of the illness or injury.

3. Submitting evidence of having exhausted all accumulated leave.

The Board of Directors of the Bank shall be composed of two (2) representatives of the

FOP appointed by the FOP President and two (2) representatives of the Employer

appointed by the Police Commissioner.

New employees must join the Bank within the first thirty (30) days after completion of

their entrance level training or lose their right to join until the next contribution period.

Employees may relinquish their membership in the Bank at any time; if they do so,

however, they will lose their contribution in the Bank and will not be allowed to join again

until the next contribution period.

All contributions will remain in force and cannot be returned even upon cancellation of

membership.

Unused medical leave days in the bank at the end of the year shall be carried over to the

next year.

On or before April 1, 2012, the Labor Commissioner will convene a labor-management

committee to establish an audit system which will keep accurate records of the number

of days in the leave bank and to otherwise monitor activities of the medical leave bank.

For a detailed description of the Bank please refer to the brochure entitled “Baltimore City

FOP Medical Leave Bank”.

ARTICLE 8

SAFETY

A. The Employer and the Lodge will cooperate in the enforcement of safety. Any

concerns or suggestions regarding safety may be directed to the Joint Labor-Management

Liaison Committee.

B. The Employer shall replace any bullet proof vest issued to an employee in the Unit

immediately upon its mandatory replacement date as determined by the manufacturer of

the vest. Additionally, all radio batteries shall be replaced immediately upon the

expiration date as specified by the manufacturer of the battery and/or the battery is

determined to be defective by a Departmental Supervisor of any rank.

FOP Unit I Fiscal Years 2022-2024 13 DMFIRM #400231086 v10

ARTICLE 9

HEALTH AND WELFARE

A. The parties recognize, and agree to, the Third Health and Prescription Drug Plan

Agreement, as approved by the Board of Estimates, on June 27, 2018, which is attached

hereto in Addendum A, along with the accompanying exhibits, and which shall remain in

effect as provided therein, until a successor agreement is submitted to, and approved by,

the Board of Estimates. The parties recognize that the Third Health and Prescription Drug

Plan Agreement shall need to be amended and modified through bargaining conducted

among all participating unions during the term of this Agreement.

B. Effective January 1, 2008, the Employer reserves the right to adjust the percentage

of the retiree’s contribution for those employees who retire with less than twenty (20)

years of service on or after January 1, 2008. This provision shall not apply to any

employee who receives disability retirement benefit.

C. During the term of this Memorandum, the Department will continue in effect the

stress management program providing services related thereto at no or nominal cost for

employees and family members affected by the employees' job-related stress problems;

except that if the provider contract is put up for bids, the bid specifications will be subject

to the approval of both the Lodge and the Department prior to their submission to the

Bureau of Purchases or Board of Estimates. In the event the Lodge or the Department

is dissatisfied with the selection of the provider or the content of the specifications

promulgated by the Board of Estimates, the Lodge and the Department shall jointly

appeal to the Board of Estimates.

D. The waiver form will continue to limit the waiver disclosure of the doctor's opinion

and such facts as shall, in his professional judgment, be necessary to comport with

professional standards while protecting the patient's privacy.

E. The face value of the death benefit for active employees shall be equivalent to the

employee’s annual salary at time of death. The retiree death benefit is $7,000.00.

F. WAIVER OF GENERIC DRUG REQUIREMENT

The Employer agrees to provide the Lodge with copies of the proposed bidding

specifications for the City's prescription drug program providers for the Lodge's review

and comment. The parties will meet and confer with a view to reaching an agreement

over a workable provision that would enable participants to obtain proprietary drugs

under the program, when expressly prescribed by the treating physician as medically

necessary.

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G. SECTION 125 PLAN

The Employer will continue to administer the Section 125 Plan whereby the

employees’ contributions to health care, vision, and prescription programs would be

excluded from Federal and State taxes.

H. The Employer shall remit an annual payment of $650 (to be paid bi-weekly) to

each employee who, with satisfactory proof of alternative health insurance coverage

received in another plan, elects not to take any coverage under a City Health Care Plan.

If, after waiving coverage under any City Health Care Plan, the employee loses coverage

due to the death of a spouse or other person who is a source of coverage, divorce, loss

of employment or deletion of benefits (or such other qualifying event as determined by

the Employee Benefits Division), the employee may enroll in a City Health Care Plan and

consequently relinquish the waiver payment. The employee must notify the City's

Employee Benefits Division within thirty (30) days after a qualifying event occurs in order

to enroll in a City Health Care Plan. The Employer shall apportion the payment should

an employee either enter or leave a City Health Care Plan within a calendar year.

I. An employee shall be entitled to a Hospital Bill Audit Gain sharing payment of

1/3

% of an overpayment (or other billing error resulting in an overpayment to the health

care provider), up to a maximum of $500 to the employee for each incident. In order to

qualify for the Gain sharing payment, the employee must: (a) identify an overpayment of

more than $250 (in the aggregate) in a hospital bill that is presented to an employee or

his or her dependent and (b) notify the City's Employee Benefits Division of the error

within thirty (30) days after receipt of an Explanation of Benefits from the Health Plan.

Payment shall be due and made only if the error is verified and the amount overpaid

actually is recovered to the City's benefit.

J. The Employer will provide continued health care coverage at active employee rates

for benefit-eligible survivors (spouses and eligible dependents) of those employees who

were enrolled in City health care plans and were killed in the line of duty at any time prior

to or subsequent to January 1, 1995. If survivors or enrolled dependents become eligible

for Medicare, they must enroll in the City retiree health care plan for coverage.

K. Unmarried dependents shall be covered by Employer’s Prescription Drug and Vision

Care Programs until the end of the calendar year the dependents reach age 26.

L. Optical Plan

Optical plan benefits shall apply to current and future retirees, widows, and

dependents. The plan shall include an eye exam every twenty-four months and

prescription glasses, if needed.

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ARTICLE 10

OVERTIME AND HOURS OF WORK

A. Hours of Work and Overtime for Non-Neighborhood Patrol Division

Assignments

The work period for non-patrol employees shall be 28 days.

1. The work schedule for employees not assigned to the Neighborhood Patrol

Division shall be based on the total number of work days assigned in their schedule, as

created in Subsection 4 below, per calendar workweek (Sunday to Saturday) at 8.50

hours (8 hours and 30 minutes) per day. All time worked in excess of 8 hours and 30

minutes per day shall be compensated at overtime rates.

2. The workday for employees in non-patrol assignments shall consist of eight

and a half (8.5) hour tours of duty, with shift start and stop times established by the unit.

All time worked in excess of eight and a half (8.5) hours shall be compensated at overtime

rates.

3. Roll call will begin at the start of the eight and a half (8.5) hour tour of duty.

Accordingly, employees in Non-Neighborhood Patrol Division Assignments shall be

compensated for 8.50 hours each day, including a 1/2 hour paid lunch.

4. The Department shall create non-patrol schedules, setting H-days and shift

hours, within the following parameters: (i) non-patrol schedules shall not exceed 2,074

working hours per calendar year; (ii) no less than 45% of regular weekly H-Days are

weekends (consecutive Saturdays and Sundays); (iii) non-patrol employees shall have off

at least two (2) weekends in a 28-day period; (iv) no non-patrol schedule shall have more

than five consecutive workdays; and (v) the non-patrol schedule shall have no more than

one (1) standalone H-Day in a 28-day period. All other H-days must be connected to at

least one other H-Day.

While the Department is operating Patrol on the 5/2-5/3 schedule, it has the

discretion to use the same schedule for non-patrol units without regard to the parameters

set forth in Section A.Error! Reference source not found. to 4 of this Article.

B. Hours of Work and Overtime for Neighborhood Patrol Division

Assignments

1. The work schedule for employees in the Neighborhood Patrol Division

assigned to patrol duties shall be four (4) or five (5) days of work depending on the

rotation of the schedule in a calendar workweek (Sunday to Saturday) at 8.50 hours (8

hours and 30 minutes) per day. All time worked in excess of 8 hours and 30 minutes per

day shall be compensated at overtime rates.

2. The work period for patrol employees shall be 28 days.

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3. There shall be three (3) leave groups from which H days shall be

determined.

4. The eight and a half (8.5) hour tour of duty shall consist of a fifteen (15)

minute period for roll call at the beginning of the tour and a fifteen (15) minute period at

the end of the tour for administrative, training or deployment time as determined at the

discretion of the patrol shift commander.

5. The number of officers assigned to each shift shall be at the sole discretion

of the Baltimore City Police Department, through the authority of the Police

Commissioner.

6. The Police Commissioner shall have the right to modify or change the patrol

schedule and/or the start and stop times of the shifts based on community and

departmental interests, provided that any modified schedule must remain in effect for a

period of no less than twenty-four (24) months. Any changes to the patrol schedule shall

occur on or about January 1, to coincide with the first 28-day period after the new year.

To modify the schedule, the Police Commissioner must formally announce the

modification of the patrol schedule prior to July 1. At least sixty (60) calendar days before

the July 1 announcement of a schedule change, the Police Commissioner or his/her

designee(s) shall meet and solicit feedback from the Lodge.

7. These provisions shall also apply to any non-patrol unit that follows the

Neighborhood Patrol Division schedule as defined in Subsection (1) of this Section.

C. Provisions Applicable to All Assignments

1. All days and hours of paid leave shall be treated as hours worked.

2. The Employer shall not vary or rearrange an employee's scheduled tour of

duty hours to avoid the payment of overtime when hours of overtime are previously

worked unless agreed to at the sole option of the employee.

3. Employees of the Bargaining Unit required to attend roll call preparation as

officers in charge (“OIC”) will receive compensation at their appropriate overtime rate.

4. Mandatory Overtime Assignments.

a. In the event that the Department shall find it necessary to mandate

that a Unit employee work in an overtime capacity that is not contiguous with an

employee's regularly scheduled shift, the Department shall make every effort to

solicit volunteers from within the employee's unit of assignment to work mandated

overtime assignments.

b. In the event that there are insufficient volunteers, the Department

agrees to permit a reasonable number of employees to be exempt from working

FOP Unit I Fiscal Years 2022-2024 17 DMFIRM #400231086 v10

mandatory overtime on the basis of exigent circumstances including, but not

limited to, family illness, attendance at educational classes, approved secondary

employment, pre-paid social events, etc.

c. When drafting employees in patrol assignments to work additional

hours, after all other options have been exhausted, the following procedure shall

be followed:

(i) Consult the Shift Seniority List and select the number

of employees needed to fill shortages, beginning with the least senior

employee.

(ii) Once selected for additional hours, the employee shall

then be rotated to the bottom of the list. The next employee on the list (not

on approved leave) shall then become the first employee to be selected for

the next assignment of additional hours.

(iii) No employee shall be selected to work additional hours

at the conclusion of his or her last scheduled tour of duty before any

scheduled day off.

(iv) No employee shall be drafted to work more than four

(4) hours beyond his/her scheduled tour of duty.

(v) No employee shall be drafted on consecutive days.

(vi) Where feasible, employees of the on-duty shift will be

notified at roll call that they are being drafted to work additional hours, or,

in the case of a medical call-out at any time during the employee’s tour of

duty, notice will be provided within a reasonable period of time.

5. In the event an employee in a Neighborhood Patrol Division assignment is

drafted to work overtime in contravention of one or more of the circumstances set forth

in sections 4.c(ii)–4.c(vi) above, that employee shall be granted immunity from being

drafted in the twenty-one (21) consecutive calendar days following the date of the

infraction. It is agreed, however, that any immunity pursuant to this provision shall not

be triggered, and shall not bar overtime drafting, in connection with any extreme

emergency unrelated to drafting (

e.g.

, civil disturbance). For purposes of this section,

an extreme emergency means the Police Commissioner or the Commissioner’s designee

has declared or otherwise directed that an extreme emergency exists. It is understood

that this section shall not apply in the event of cancellation of an H-Day, which is governed

by Article 7E.

6. Changes to the employee's scheduled work hours with less than forty-eight

(48) hours’ notice from the start of the originally scheduled shift shall entitle the affected

employee to the payment of two (2) additional hours compensation at the employee's

FOP Unit I Fiscal Years 2022-2024 18 DMFIRM #400231086 v10

regular rate of pay for each shift worked with less than the required forty-eight (48)

hours’ notice.

D. Schedule Bidding

1. All officers, in Patrol and Non-Patrol, will bid on their schedule and leave

groups.

2. Bidding is based on seniority in grade. Officers currently on a permanent

midnight shift shall have preference to stay on midnight shift.

3. Seniority shall be defined as reflected in Addendum Q.

4. The Department shall determine the number of slots available in each shift

and leave group.

5. No transfers can occur during the shift bidding period (September 21 -

October 8) or during the vacation leave book period (November 1 - December 10), except

for transfers due to limited duty status, EEO issues, discipline, demotion, promotion, or

assignment from field training.

6. The Department will maintain and make available for inspection a seniority

list.

7. Shift bidding occurs annually.

8. Time Line of Schedule and Shift Selection

a. August 1: The Department furnishes a seniority list for employees

to review.

b. September 1: The seniority list is finalized and published.

c. September 15: Available schedules are provided to employees.

d. September 21 to October 8: Shift Bid occurs.

e. October 15: Employees are notified of their schedules.

f. November 1: Leave book period begins. See Article 7B.

For FY 2022 schedule bidding, prior to the language in Section D of this Article taking effect, the

parties agreed given the contract settlement date, to a modified schedule for FY22 schedule bidding,

as provided in the parties Amendment to the MOA, executed on January 10, 2022.

FOP Unit I Fiscal Years 2022-2024 19 DMFIRM #400231086 v10

E. Post Shift Bid Schedule Rules

1. If both employees in the same command and job assignment voluntarily

agree to switch shifts and/or leave groups, they may request the switch, which is subject

to commander approval which shall not be unreasonably withheld. A Commander must

provide a reason for denial in writing stating the justification.

2. Prior to the assignment of new officers to a shift and/or leave group, the

District Commander must give officers in the same command and job assignment the

option of filling those shift and leave positions, giving preference to those that were

involuntarily transferred from the shift and then based on seniority.

3. The Department cannot change an employee’s schedule during the year,

unless the employee is moved to a new assignment. In the case of an involuntary transfer

due to a significant imbalance which exists between shifts, due to resignations,

retirements, promotions, or illness/injury, see subparagraphs 4 and 5 below.

4. In the event a documented significant imbalance between shifts is identified

by command, due to resignations, retirements, promotions, or illness/injury, the District

Commander must first solicit volunteers within the same command and job assignment

to change shifts and leave groups. The Commander will select volunteers based on those

that were involuntarily transferred from the shift and then based on seniority and

qualifications. If a volunteer is denied the Commander must provide a written justification

for the denial.

5. In the event there are not sufficient volunteers to correct an imbalance, the

Department may involuntarily transfer employees to remedy the significant imbalance,

subject to the following restrictions:

a. Involuntary transfers must occur in inverse seniority order, i.e. least senior

employee first.

b. An employee involuntarily transferred under this section shall only be

transferred once per calendar year.

c. Employees shall be afforded a period of at least 28 calendar days between

notice of the involuntary transfer and the effective date of the transfer.

d. An employee impacted by an involuntary transfer pursuant to this

paragraph shall receive 17 hours of personal leave to be used within the

28-day notice period to prepare for the transfer.

6. The reason for the involuntary transfer shall be provided in writing.

7. District Commanders may also remedy the significant imbalance by detailing

rotating officers on 28 days details until new officers are assigned to the district.

FOP Unit I Fiscal Years 2022-2024 20 DMFIRM #400231086 v10

F. Special Transfer Rules

If an employee is placed in a temporary non-full duty status and involuntarily

transferred to another shift and/or leave group, such as a light duty officer being

transferred to ADD, then when the employee is returned to full duty they will be re-

assigned to their original shift and leave group.

ARTICLE 11

COMPENSATION

A. FISCAL YEARS 2022-2024 COMPENSATION

Compensation shall be as set out in the revised Addendum B Salary Schedules.

Progression within the rank of officer or flight officer shall be as set out in Addendum B.

It is agreed that the hourly rates set forth on the Salary Schedule shall govern employees’

compensation and that the annual salaries are illustrative only (based on an assumed

number of hours per year). This salary schedule supersedes all other salary scales and

longevity pay provisions set out in prior agreements.

B. PAYMENT DATES

All remuneration due to or elected by an employee shall be based on the date on

which the employee's anniversary date falls within the pay period. In the event that the

employee's anniversary date falls within the first half of the pay period, the employee

shall receive the payment for the entire pay period. If the anniversary or promotion date

falls within the second half of the pay period, the payment shall be made as of the next

succeeding pay period. The City agrees that an employee’s new salary shall be effective

as of the actual date of his/her promotion.

C. The Employer will pay all remuneration due to or elected by an employee as

provided in Paragraph B above. The parties agree that the failure to effect a pay

adjustment on time is a violation of this Memorandum, subject to the grievance procedure

herein. The City agrees to rectify the error as soon as possible.

D. SHIFT DIFFERENTIAL

Effective July 1, 2021 through December 31, 2021, all employees covered by this

Memorandum are entitled to pay at their scheduled rate plus a differential of $.45 per

hour if assigned to a tour where the majority of their work hours occur between 10 p.m.

and 6 a.m., or $.40 per hour if assigned to a tour where the majority of their work hours

occur between 2 p.m. and 10 p.m.

Effective January 1, 2022, all employees covered by this Memorandum are entitled

to pay at their scheduled rate plus a differential of $1.00 per hour if the employee is

assigned a tour where a majority of their work hours occurs between 2 p.m. and 6 a.m.

FOP Unit I Fiscal Years 2022-2024 21 DMFIRM #400231086 v10

E. TUITION REIMBURSEMENT

The Employer shall maintain a fund of $350,000.00 per fiscal year for a tuition

reimbursement program. Within budgetary constraints, an employee shall be granted

benefits under this Article and shall be reimbursed, providing the employee meets all

qualifications as listed in the Administrative Manual, for 50% of the tuition cost of a

maximum of 10 credits per semester, consisting of no more than 4 courses for taking a

job-related course or in a degree program that benefits the City services. To receive the

benefit the Employee must obtain a grade of an “A” (GPA 4.0), a “B” (GPA 3.0) or a “C”

(GPA 2.0). The Employee must document completion of the course with a transcript from

the education program in which he/she was enrolled. Additionally, to qualify for

reimbursement, college credits must be received by the Employee for courses taken and

successfully completed at an accredited educational institute.

The BPD will meet and confer with the FOP to develop policies and procedures for

administering tuition reimbursement.

F. ON-CALL STIPEND

Effective January 1, 2022, employees placed on call will be given written notice

placing them on call for a specific period of time, and employees placed on call by written

notice shall receive $20 for each shift they are on call.

ARTICLE 12

SECONDARY EMPLOYMENT

A. An employee may work in approved secondary employment not to exceed thirty-

two (32) hours per week. No more than twenty (20) of those hours shall be worked in

assignments outside those administered by the Overtime Unit unless the remaining 12

hours of City Secondary are not available, in which case the employee may work up to

the 32 hour limit without restriction. The Police Commissioner may authorize other

approved secondary not subject to the twenty (20) hour limit such as hotels, hospitals,

and schools.

During a week where the employee is off five (5) or more leave days, other than

medical leave, an employee shall not work more than forty (40) hours of approved

secondary employment.

B. Employees who are required to be armed as a condition of secondary employment

outside Baltimore City and who take enforcement action related to said secondary

employment using a firearm that does not comply with General Order 0-4 shall not be

considered as acting in the line of duty as Baltimore Police Officers and, therefore, shall

not be disciplined for taking such action.

C. An employee may be armed with an authorized handgun while engaged in

secondary employment outside Baltimore City. Within Baltimore City, an employee may

FOP Unit I Fiscal Years 2022-2024 22 DMFIRM #400231086 v10

not be armed with a sidearm other than a handgun authorized by the Department and

shall be authorized to wear the uniform while engaged in secondary employment, subject

to the conditions provided in a letter from the Police Commissioner to the President of

the Lodge dated October 27, 2021 that appears as Addendum C (Secondary Employment)

to this Memorandum.

D. Consistent with current policy governing conflict of interest and unauthorized

occupational areas, secondary employment will not be prohibited. Authorized secondary

employment will not be suspended or revoked for disciplinary reasons.

E. The Employer will, to the extent practicable, offer assignments to City secondary

employment and scheduled overtime on a rotating basis and will allocate available

opportunities equitably and fairly among employees in the unit. To that end, when

particular skills are required to perform scheduled overtime on subsidized projects, all

available employees who have those skills shall be offered the overtime. In addition,

employees who have reached the 25% overtime cap shall not be foreclosed from working

emergency and authorized, scheduled overtime when other volunteers are not available

to perform it.

F. Consistent with current policy governing conflict of interest, lawful secondary

employment outside of Baltimore City shall be allowed, as long as the following conditions

are met:

1. The employee is acting as a private citizen, and without exercising the

powers and duties of a Baltimore Police Officer;

2. The employee does not present Baltimore Police Credentials as his or her

authority to carry out the duties required of the secondary employment;

3. The employee, except when employed in accident reconstruction or arson

investigation, is not acting as a special police officer or private detective; and

4. The employee is not operating a private detective, guard and/or watchman

agency.

G. When a Unit employee has an approved and scheduled City secondary

employment assignment and reports to that assignment site on time, in uniform (if

required) and ready to work, said employee shall be paid a minimum of two (2) hours at

the employee’s regular overtime rate in the event that the scheduled City secondary

employment assignment is cancelled upon the employee’s arrival at the work site.

H. The City agrees to meet with the FOP to discuss guidelines for allowing employees

to work in establishments which serve, sell, or dispense alcoholic beverages. This

meeting shall occur within thirty (30) days of the notation of this Memorandum of

Understanding by the Board of Estimates.

FOP Unit I Fiscal Years 2022-2024 23 DMFIRM #400231086 v10

ARTICLE 13

COURT TIME

When an employee is required to attend two (2) or more courts on the same day,

with a starting time of two (2) or more hours between each court on the employee’s H

Day or during non-regularly scheduled working hours, the employee shall receive a

minimum compensation of four (4) hours at time and one-half (1½). In other respects,

present court time policy shall continue.

ARTICLE 14

PROTECTION AGAINST LIABILITY

Protection against liability shall be in keeping with Section 16-13 of the Code of

Public Local Laws of Baltimore City.

However, legal counsel will be provided in any civil case when the plaintiff alleges

that an employee should be held liable for acts alleged to be within the scope of his

employment and/or his official capacity. In exchange for the City of Baltimore’s

agreement to provide legal counsel as provided for herein, the employee and/or

employee’s counsel shall provide documents or transcripts produced in the Court

proceedings to the office of the City Solicitor upon its request. The requirement to

produce said documents shall be limited to those cases where the City is requested to

authorize a monetary settlement or pay a judgment for monetary damages. In no event

shall the City be entitled to receive any documents in any case where a verdict is rendered

in favor of the defense. In the event the current contract for providing legal services is

terminated, the Lodge and the Department agree to make a joint recommendation to the

City Solicitor for specifications for successor counsel. Subject to the fellow-employee

exclusion provision and approval of the Board of Estimates, indemnification will also be

provided to any employee who is made a defendant in litigation arising out of acts within

the scope of their employment. The City will provide indemnification to any employee

who is made a defendant in litigation arising out of acts within the scope of their

employment that results in a monetary judgment being rendered against the employee.

ARTICLE 15

DISCIPLINE

A. Effective July 1, 2022, all complaints within the jurisdiction of the Maryland Police

Accountability Act of 2021 - Police Discipline and Law Enforcement Programs and

Procedures, HB 670, 2021 Md. Laws Ch. 59 (herein “HB 670”), will be adjudicated

exclusively in accordance with the procedures created by HB 670. To the extent any

misconduct complaint is not covered by HB 670 (including complaints originating after

ratification of this Agreement through June 30, 2022), the disciplinary procedures

contained in this Article will govern.

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B. Suspension

1. Emergency suspension with or without pay may be imposed by the

Department when it appears that the action is in the best interest of the public and the

law enforcement agency. Any employee arrested and charged with a criminal offense, a

serious traffic violation involving death or serious personal injury, and/or an act alleged

or committed by such employee of such a nature that, in the judgment of the appropriate

superior officer, the interest and welfare of the public, the Department, or the individual

is best served by such action, such employee shall be immediately suspended from duty

with pay.

When an employee is charged with a criminal offense, said charge(s) shall be

supported at least in part by the investigative findings of another law enforcement officer.

Any employee suspended from duty with pay shall be given a suspension hearing as soon

as reasonable following the suspension from duty, wherein a determination will be made

at that time whether or not the employee shall remain suspended with or without pay

and/or be placed on administrative duties.

Until June 30, 2022, suspension without pay may only be imposed in accordance

with this Section and only in the case of an employee charged with a felony. Effective

July 1, 2022, the foregoing sentence shall be of no further force and effect and the parties

will follow HB 670’s requirement set forth in 3-107(A)(1).

2. Any employee who is suspended without pay on the basis of pending

criminal charges and who is found not guilty, or who has the criminal charges dropped

entirely shall be immediately reinstated to pay status with all benefits, including but not

limited to health, incremental pay raises, and all lost pay from the effective date of his/her

suspension through the date of reinstatement to pay status, except in a case where the

State has an appeal pending. In felony cases, where the case has been reduced to a

misdemeanor or some less charge, the employee shall be reinstated to pay status with

all benefits pending any further administrative hearing on the matter to determine

whether or not the employee shall be returned to duty.

C. Discipline for Minor Violations

1. The Department shall provide to counsel for an accused employee a copy

of the Public Integrity Bureau (“PIB”) case book material at least 30 days before the trial

board proceeding begins, unless a shorter period is mutually agreed upon by the

Department and counsel. The PIB case book material excludes information that discloses

an investigative technique, the identity of confidential sources, and recommendations as

to charges, disposition or punishment.

2. For Minor disciplinary matters, where a one person Departmental Hearing

Board is established at the discretion of the Department, with said person being a sworn

law enforcement officer of the agency, such hearing shall be scheduled no sooner than

FOP Unit I Fiscal Years 2022-2024 25 DMFIRM #400231086 v10

thirty (30) days from the date that counsel for the accused receives a copy of the charges

and the PIB case book material, unless a shorter period is mutually agreed upon by the

Department and Counsel.

3. No individual assigned to the Traffic Section may sit as a member of the

Traffic Accident Review Board.

4. For purposes of this Paragraph B, Minor Violations are defined as violations

in which no more than a 3-day suspension or a $150 fine may be imposed.

D. Discipline for Major Violations

1. The Department shall provide to counsel for an accused employee a copy

of the PIB case book material at least 30 days before the trial board proceeding begins,

unless a shorter period is mutually agreed upon by the Department and counsel. The PIB

case book material excludes information that discloses an investigative technique, the

identity of confidential sources, and recommendations as to charges, disposition or

punishment.

2. For major disciplinary matters, where a five (5) person Departmental

Hearing Board is established, such hearing shall not be scheduled any sooner than thirty

(30) days from the date that counsel for the accused receives a copy of the charges and

the PIB case book material, unless a shorter period is mutually agreed upon by the

Department and counsel.

3. A unit employee shall have the option of a Departmental Hearing Board

conducted by a panel composed of an Administrative Law Judge (hereinafter “ALJ”); three

sworn members selected in accordance with Paragraph E; and two voting civilian

members who have been selected in accordance with the process outlined in Addendum

J to this Memorandum of Understanding. If the employee is represented by counsel, the

counsel shall, with the consent of the employee, have the option of selecting the ALJ

process. If the employee is unrepresented, the employee shall make the selection. The

ALJ will act as the Departmental Hearing Board Chairperson and make evidentiary and

legal rulings but will not be a voting member of the panel during deliberations on verdict

or sentencing. In no event shall an ALJ be appointed to a Departmental Hearing Board

without the consent of the accused employee or his/her counsel of record.

4. If the unit employee declines the option of including an ALJ on a

Departmental Hearing Board as defined in Paragraph D.3 herein, the Board will consist

of three sworn members selected in accordance with Paragraph E herein; and two voting

civilian members who have been selected in accordance with the process outlined in

Addendum J to this Memorandum of Understanding.

5. No individual assigned to the Traffic Section may sit as a member of the

Traffic Accident Review Board.

FOP Unit I Fiscal Years 2022-2024 26 DMFIRM #400231086 v10

6. The Department agrees to choose panel members on a rotating basis from

each pool. The Department shall give the Lodge notice and opportunity to be present

when the rotation list is established, and the Lodge may designate either Lodge

Representative or designee who may observe the creation of the rotation list.

7. For purposes of this Paragraph D, Major Violations are defined as violations

in which 4-days or more suspensions/loss of leave or more than $150 fine may be

imposed.

E. Composition of Departmental Hearing Boards. In cases for major discipline

violations, Hearing Boards will consist of five (5) voting members. Two (2) civilians will

participate as voting members in accordance with Addendum J. In addition, three (3)

sworn members will participate as voting members. One sworn member will be of equal

rank to the accused officer. The highest ranking sworn member will serve as the

chairperson.

The composition of the randomly selected three (3) sworn members will be as follows:

ACCUSED OFFICER’S RANK COMPOSITION OF BOARD

Police Officer One (1) Exempt Rank

One (1) Lieutenant

One (1) Police Officer (Equal Rank)

Sergeant One (1) Exempt Rank

One (1) Lieutenant

One (1) Sergeant (Equal Rank)

Lieutenant Two (2) Exempt Rank

One (1) Lieutenant (Equal Rank)

The Department agrees to choose panel members on a random basis by computer

from those management and unit members who are in the Board pools. The Department

shall give the Lodge notice and opportunity to be present when the panel is chosen and

the Lodge may designate either Lodge Representative or designee who may observe the

random selection of the panel.

The Department agrees to maintain the minimum numbers of Exempt Rank

officers in the pool at twenty (20), Lieutenants at twenty (20), Sergeants at twenty (20)

and Police Officers at twenty (20). The pool of Exempt Rank Officers shall also include

command staff, under the Deputy Commissioner rank, other than those who have been

excluded for bona fide reasons by the Commissioner or his designee.

FOP Unit I Fiscal Years 2022-2024 27 DMFIRM #400231086 v10

On a semi-annual basis, the FOP will be provided a list of twenty-five (25) sworn

officers in each of the Board pools of “qualified candidates,” from which the FOP shall be

able to remove up to five (5) candidates from each semi-annual list for Exempt Rank,

Lieutenant Rank, Sergeant Rank, Officer Rank, to create the twenty (20) member pools.

A qualified candidate is defined as a sworn law enforcement officer who has received

training developed and conducted by the BPD. The BPD, the City, and the FOP will meet

and confer over the training program, in which the FOP will have the opportunity to

provide input with respect to the content of the training and to observe during the training

sessions.

F. Upon request, PIB will expeditiously complete an investigation that it has initiated

into alleged misconduct by an employee.

G. Within ten (10) days after PIB’s report of the results of its investigation has been

confirmed, the Department shall advise the affected employee of its finding, i.e., whether

sustained, not sustained, unfounded or exonerated. If the investigatory report is to be

referred to the Civilian Review Board (CRB), the Department may advise the employee

that the result is subject to revision. It is understood that where an investigation of a

charge encompasses multiple charges growing out of the same incident, advisement

concerning the outcome may be deferred pending completion of the entire investigation.

H. Until June 30, 2022, if an accident is found to have been non-preventable, all

records of the accident shall be expunged from the employee's file. If an employee

requests expungement of a formal complaint or other material from any file of the

employee pursuant to the Law Enforcement Officers' Bill of Rights, the complaint and/or

material shall be expunged within sixty (60) days of the request. The Department agrees

promptly to give the employee written notice that the records have been expunged

pursuant to his or her request.

Effective July 1, 2022, the prior paragraph shall be of no further force and effect,

and the parties shall follow HB 670’s requirement that records relating to administrative

or criminal investigations of misconduct shall not be expunged or destroyed (HB 670, §

3-112).

I. Until June 30, 2022, no Departmental Hearing, except a Suspension Hearing, shall

be held on any charges that relate to conduct which is also the subject of a criminal

proceeding, until such time as criminal charges are disposed of prior to any appeal, except

an appeal de novo to a Maryland Circuit Court.

Effective July 1, 2022, the prior paragraph shall be of no further force and effect,

and the parties shall follow HB 670’s requirement that an officer can be compelled to

submit to interrogation and that the interrogation is not admissible or discoverable in a

criminal proceeding.

FOP Unit I Fiscal Years 2022-2024 28 DMFIRM #400231086 v10

J. Pending PIB investigations into off-duty, non-criminal misconduct shall not bar

consideration for promotion. If an employee under investigation for any other reason is

passed over for promotion solely because of a pending investigation and is then cleared,

the Police Commissioner will consider the individual for promotion to the next available

vacancy and will make application to the Civil Service Commission for a waiver if

necessary to make promotion from an expired list. The decision of the Police

Commissioner and the City's Personnel Director is final and not subject to the grievance

procedure.

K. The parties will follow the Maryland Public Information Act, General Prov. Title 4

(as repealed and reenacted with amendments by 2021 Md. Laws Ch. 62, the Maryland

Police Accountability Act of 2021 - Search Warrants and Inspection of Records Relating

to Police Misconduct (“SB 178”)) . Records relating to administrative or criminal

investigation of misconduct shall not be withheld as “personnel records,” subject to

exceptions enumerated in the General Provisions Article of SB 178.

L. Should the Department require an employee to forfeit vacation as punishment for

a sustained offense or violation, the employee shall have the option to be suspended for

the same period or to pay an equivalent fine. It is understood that the Department's

policy is to give a priority to vacation forfeiture over mandatory fines or suspensions.

M. The Department shall make every effort to impose suspensions without pay so as

to avoid the cessation of Employer health care benefits due to non-payment of required

Employer/Employee contributions.

In the event that the Department shall levy a suspension without pay of sufficient

duration to require the employee to pay for continuance of his/her Employer’s sponsored

health benefits, the Department agrees to pay its proportionate share of the cost of health

benefits on behalf of the suspended employee for the pay period(s) so affected.

N. A traffic safety review board shall conduct a hearing to determine if a departmental

accident is preventable or non-preventable. If the Board determines the accident to be

preventable, it shall recommend disciplinary punishment in accordance with the

Department's traffic accident disciplinary matrix.

O. Until June 30, 2022, the Department agrees to establish a protocol for advising

employees that three (3) years have elapsed since a finding by the Department or a

Hearing Board that a formal complaint was either not sustained, exonerated, unfounded,

or a Hearing Board acquitted the accused employee, dismissed the action, or made a

finding of not guilty, and that the employee may request expungement of such matter

from any file containing the record of the formal complaint.

Effective July 1, 2022, the prior paragraph shall be of no further force and effect,

and the parties shall follow HB 670’s requirement that records relating to administrative

FOP Unit I Fiscal Years 2022-2024 29 DMFIRM #400231086 v10

or criminal investigations of misconduct shall not be expunged or destroyed (HB 670, §

3-112).

P. The Department agrees that employees should not be disciplined and shall not be

terminated from employment solely on the basis of being placed on the “witness do not

call list” by the office of the State’s Attorney for Baltimore City.

Q. Until June 30, 2022, the Department agrees to expunge any allegation in an

employee’s file three years after a finding of “un-sustained, exonerated, unfounded or

when a hearing board acquitted the law enforcement officer, dismissed the action, or

made a finding of not guilty.” The Police Commissioner shall convene a committee with

an equal number of representatives from the Department and the Lodge to discuss the

implementation of this policy and related issues.

Effective July 1, 2022, the prior paragraph will be of no further force and effect,

and the parties will follow HB 670’s requirement that records relating to administrative or

criminal investigations of misconduct shall not be expunged or destroyed (HB 670, § 3-

112).

R. When an employee is required to make a statement in reference to a complaint

being investigated by the Department, the employee shall be given a copy of any prior

statement or report which that employee wrote/authored relating to the complaint being

investigated.

S. The Department agrees to provide counsel with a calendar of Trial Board Hearings

on a regular basis (

e.g.

monthly) so that counsel has sufficient advance notice of trial

board hearings. An accused employee who is not represented shall be given reasonable

advance notice of his/her hearing.

T. When an employee is required to give a statement pertaining to a complaint of

misconduct by the employee, the Department shall provide the employee with a notice

of internal investigation that includes notice of: (a) the employee’s right to legal counsel;

(b) the date and location (if applicable) of the incident; (c) the nature of the conduct for

which the employee is being questioned, including a brief description sufficient to provide

a reasonable employee with notice of the allegations against him or her; and (d) the

nature of the allegations (

e.g.

, excessive force in making an arrest; the circumstances

involved in the discharge of his/her weapon including the date and location; unlawful

arrest; etc.). The Department may question the employee (as part of the statement)

regarding any matter relating to the misconduct in question regardless of whether it is

specified in the document(s) provided.

U. Upon the conclusion of a Departmental Hearing, if the officer is found guilty of any

administrative charge, the officer will be informed of the Board’s recommended

disciplinary action to the Commissioner.

FOP Unit I Fiscal Years 2022-2024 30 DMFIRM #400231086 v10

V. The parties will form a joint labor-management committee as soon as

administratively feasible following ratification of the MOUs to discuss the provisions of

LEOBR that should be part of the disciplinary process which will govern complaints not

covered by HB 670 and to address any legislative changes to HB 670. If the parties are

unable to agree on such a process, the procedures in effect through June 30, 2022, as

modified above, shall remain in effect, and the parties will engage a mutually agreed

mediator to assist the parties in a non-binding capacity with resolution of any remaining

issues, with the costs of such mediator shared equally.

ARTICLE 16

UNIFORMS AND CLOTHING

A. The Department agrees to consider suggestions from the Lodge regarding the

selection of replacement coats. New coats shall be issued in keeping with established

replacement standards.

B. An annual clothing allowance shall be paid, on a quarterly basis, to employees

assigned to plainclothes positions designated by Policy 1805. Effective March 21, 2017,

the clothing allowance shall be $500.

C. The department shall provide up to four boxes of practice ammunition for use by

employees at firing ranges operated by the BPD in each fiscal year as a part of their

annual uniform and equipment allotment. The Quartermaster will issue a paid slip upon

request by an employee. Upon presentation of the paid slip to the District Range Officer,

the appropriate box of practice ammunition will be provided for use at the BPD range.

No practice ammunition is authorized for use outside the BPD firing range where

issued.

In addition, the Department will issue each employee an approved departmental

flashlight. Such light will be considered a part of the employee’s standard issued

equipment. Replacements will be issued thereafter consistent with Departmental Policy.

The type of flashlight available shall be determined by the Department, and may change

from time to time as determined by the Police Commissioner.

ARTICLE 17

EDUCATIONAL INCENTIVE PAY

Effective January 1, 2022, the current Education Incentive Differential (EID) rates

from the pre-existing salary schedules shall be eliminated and, in their place, the following

Educational Incentive Pay program will be applied. The salary schedules contained in

Addendum B reflect the new Educational Incentive pay allowances.

Upon successful completion of field training and promotion to the rank of Police

Officer, an officer who has received or obtains one of the degrees set forth below from

FOP Unit I Fiscal Years 2022-2024 31 DMFIRM #400231086 v10

an accredited college or university shall receive an annual incentive allowance added to

their hourly rate, as follows:

 $1,500 for associate’s degree ($0.723/hour)

 $3,000 for bachelor’s degree ($1.446/hour)

 $4,500 for master’s degree and above ($2.169/hour)

Educational incentives are not cumulative, but rather the employee will be entitled

to the highest incentive based on the degree(s) obtained.

In the event an employee obtains a new or higher degree during employment, the

employee will submit to the Department proof of degree attainment. Upon verification

and approval by the Department, within thirty (30) days of submission, the employee’s

pay will be adjusted effective on the first day of the pay period following the date of

submission by the employee.

Any current employee with an EID classification will be adjusted to the non-EID

rate, but will receive the annual incentive allowance as part of their hourly rate, spread

over twenty-six (26) pay periods. The hourly rate will be calculated by dividing the annual

educational incentive by 2,074 hours.

Educational incentive pay will be included in the regular rate for overtime purposes.

In addition, it will be counted as part of the employee’s annual salary for pension

purposes, consistent with the prevailing Fire & Police Employees Retirement System

regulations, and reflected on the salary schedules.

ARTICLE 18

DISABILITY

The Department and Counsel for the Lodge shall meet and confer for the purpose

of adding additional qualified psychologists and psychiatrists to those the Department

uses to evaluate if an employee is fit for duty. No psychologist or psychiatrist shall be

appointed to the panel without the Department's concurrence.

ARTICLE 19

JOINT LABOR-MANAGEMENT LIAISON COMMITTEE

There shall be established within the Department a Joint Labor-Management

Liaison Committee consisting of up to four (4) representatives of the Department

appointed by the Police Commissioner and up to two (2) representatives from Unit I and

up to two (2) representatives from Unit II.

The Committee shall meet not less than quarterly except upon the majority

consent of the Committee. It shall consider, evaluate, and, if in agreement, shall make

FOP Unit I Fiscal Years 2022-2024 32 DMFIRM #400231086 v10

recommendations to and/or advise the Police Commissioner and/or his designee with

respect to specific matters bearing upon the economy, efficiency, or other improvement

in Departmental operations and/or upon the welfare of its employees whether or not such

matters are negotiable. Lodge Representatives shall be deemed to be in duty status

while attending such meetings.

ARTICLE 20

BULLETIN BOARDS AND COMMUNICATIONS

A. The Department agrees to provide reasonable bulletin board space labeled with

the FOP logo and name within each District and Division for the purpose of allowing the

Lodge to inform its membership of Lodge business and activities. The Lodge President

and/or Lodge Secretary shall sign all such notices. No scurrilous or defamatory material

shall be posted. The Department shall remove any materials posted in violation of this

Section. The space so designated shall be maintained in an orderly manner, to include

periodic removal of outdated material.

B. The Department will permit the Lodge to use the Departmental mail system for

non-bulk communication to select members of the bargaining unit. All mail must be

directed by name and assignment and will not exceed fifteen percent (15%) of the

membership of the Lodge at any one (1) mailing.

C. The Department shall permit a designated representative of the Lodge to address

recruit classes for two (2) consecutive class periods of not less than forty-five (45)

minutes each. During the term of this Memorandum, a representative of the Lodge,

designated by the President, will be allowed one-half of an hour to address each in-

service training group. Upon prior notification to the Lodge President, the Police

Commissioner reserves the right to revoke this arrangement.

ARTICLE 21

ADMINISTRATIVE LEAVE FOR LODGE REPRESENTATIVES

A. During the term of this Memorandum, the President of Baltimore City Lodge No.

3, Fraternal Order of Police, Inc., and two (2) members of Baltimore City Lodge No. 3 as

designated by the President, shall be granted a full-time leave of absence from their

duties for the Police Department, mandated in-service training excepted, but shall remain

on the payroll of the Police Department for the purpose of performing full-time duties on

behalf of the Lodge. During such leave, the President and two designated members shall

continue to accumulate seniority and shall receive all benefits as if they were fully on duty

including, but not limited to, pension accruals and fringe benefits.

B. A paid leave bank of 300 days per year shall be created for employees of the Lodge

to use to attend scheduled conferences, seminars, Board and Committee meetings and

conventions. The bank may be used interchangeably with Unit II. Each use shall be

requested in advance by the President of the Lodge (or his designee) in writing, specifying

FOP Unit I Fiscal Years 2022-2024 33 DMFIRM #400231086 v10

the person or persons using such leave, the hours requested, and the purpose for the

leave. The request shall be granted, subject to the needs of the Department. Each Unit

employee permitted to be absent pursuant to this provision shall be responsible for giving

his supervisor advance notice of absence from work for Lodge business.

C. The President of the Lodge and two (2) persons designated by him shall be

permitted to visit Police Districts, Units, and other work locations in connection with

grievance matters. Visits shall be preceded by reasonable notice.

D. The Department shall permit use of its Police Districts and other designated work

locations for the purpose of conducting election voting, which shall be conducted without

interference with regular business operations.

E. The Department shall provide the Lodge with a roster of all new sworn employees

and their addresses.

ARTICLE 22

NO STRIKE, SECONDARY BOYCOTT OR LOCKOUT

A. The Lodge agrees that during the term of this Memorandum it shall not engage

in, initiate, sponsor, support, or direct a strike or secondary boycott or directly or indirectly

picket the Employer or any of its property in furtherance of a strike. The Employer agrees

that there shall be no lockout during the term of this Memorandum.

B. If the Lodge shall violate any of the provisions hereof:

1. Its designation as exclusive representative may be revoked by the

Department;

2. It may be ineligible to participate in elections or to be certified as exclusive

representative for a period of two (2) years thereafter; and

3. The Department may refrain from making payroll deductions for such

organization's dues for a period of two (2) years thereafter.

C. Nothing in this Memorandum shall deprive the Employer of remedies available to

it under applicable law in the event of a strike.

ARTICLE 23

WORKING CONDITIONS

A. VACATION REQUESTS

Special vacation requests that deviate from current policy shall be considered.

FOP Unit I Fiscal Years 2022-2024 34 DMFIRM #400231086 v10

B. WORK OUT-OF-TITLE

1. Employees shall not be assigned to perform painting or maintenance of

buildings and grounds, except upon mutual agreement.

If a bargaining unit employee is directed temporarily to assume the responsibilities

and privileges of a higher rank or if designated and fulfilling the duties of Field Training

Officer he or she shall receive additional compensation. If so designated as acting out-

of-title at the start of the employee’s tour of duty, the employee shall be paid out-of-title

for the entire day unless the employee fails to complete the tour of duty for circumstances

beyond the control of the Department. No two employees may work out-of-title in the

same position. The out-of-title compensation shall be $14.00 per day. Field Training

Officer compensation shall be $40.00 per day. Effective January 1, 2022, Field Training

Officer compensation shall be increased to $50.00 per day.

C. LOST OR STOLEN PROPERTY

If an employee has reimbursed the Department and the lost property is

subsequently recovered without damage, the Department will refund the reimbursement.

D. FOOTWEAR

Employees in the unit may wear military-style black leather boots that retain a

shine, except when the Class A uniform is worn on formal occasions.

E. “DETECTIVE” TITLE

The title “Detective” shall be restored to employees in the Applicant Investigation

Units of the Recruitment Division.

F. DETAILS

1. In the event that an employee is detailed to another position, that

employee's vacated position will not be permanently filled by another employee. Upon

the expiration of the detail, the detailed employee will be returned to his/her former

position.

2. Any employee who is involuntarily detailed outside of his/her assignment

for more than thirty (30) days shall have the opportunity to challenge the detail to the

Deputy Commissioner of his/her corresponding bureau.

G. BODY ART

Employees in the bargaining unit who are engaged in any assignment that requires

the employee to wear summer Departmental uniform, i.e. short sleeve shirt, who display

any visible body art, except for body art that shall be located on the employee’s face,

FOP Unit I Fiscal Years 2022-2024 35 DMFIRM #400231086 v10

shall be supplied at the Department’s sole expense with a sufficient number of long sleeve

tropical shirts and/or cosmetic make-up to cover the displayed body art. Employees who

must wear the long sleeve tropical shirts as described herein shall NOT be required to

wear a neck tie while wearing the long sleeve tropical shirt.

H. The FOP shall be afforded the opportunity to provide meaningful input to the

process of evaluating boundaries for possible current post, sector and district

realignment.

ARTICLE 24

PROMOTIONS AND TRANSFERS

A. PROMOTIONS

1. There will be at least sixty (60) days’ notice in advance of written

examinations for promotions. All relevant study materials for promotional examinations

shall be made available to employees at least sixty (60) days prior to the written

examination.

2. When a funded vacancy involving promotion occurs in the bargaining unit,

the Commissioner shall have forty-five (45) calendar days following the date of the

vacancy to fill the position.

B. TRANSFERS

1. The Department agrees to post notice for a period of five (5) consecutive

days on appropriate bulletin boards and Departmental E-mail systems of all vacancies

that it intends to fill by permanent transfer to any position other than patrol and the

Commissioner’s Office. Assignments within any Bureau, Division, Section or Unit will

continue to rest with Command. Notice of the posting will be given at roll call. Employees

may submit written requests for consideration of the posted vacancy. Every employee

who is eligible for consideration will be interviewed by the appropriate Command. When

the vacancy is filled, applicants shall be notified as to whether they received the position.

Requests which were submitted and interviews conducted shall remain active for sixty

(60) days for any vacancies which may arise. The Department shall also consider new

requests for consideration which may be filed for subsequent vacancies. The current

system to accept District-to-District transfer will continue, but requests will have a one

(1) year life and therefore must be renewed on a yearly basis. Seniority, meaning length

of service in rank, shall be considered. The foregoing shall not apply to transfers of

persons determined by the Police Medical Director to be permanently unable to perform

all the duties of a Police Officer, Police Agent, Flight Officer, Sergeant, or Lieutenant due

to disabling conditions but who are capable of performing the essential functions of a full

duty administrative position as determined by the Police Medical Director. Any employee

selected in accordance with the procedure as set forth herein to fill a posted vacancy shall

FOP Unit I Fiscal Years 2022-2024 36 DMFIRM #400231086 v10

be permanently assigned to that vacancy immediately upon his/her selection and may

not be detailed to that vacancy.

C. INVOLUNTARY TRANSFERS

An involuntary transfer occurs when the Department permanently transfers an

employee (as distinguished from a detail) to another assignment and the employee

objects to the transfer. Such transfers must be made for legitimate business or

operational reasons, including but not limited to staffing needs and performance, and if

done so, shall be sufficient reason for the transfer. Employees who wish to contest such

a transfer may file a grievance under Article 5. Should such a grievance go to arbitration,

the Employer shall be required to articulate the legitimate business or operational reason

for the transfer.

ARTICLE 25

PROPERTY REIMBURSEMENT

A. If an employee's contact lens(es) is lost or damaged as a direct consequence of

the performance of law enforcement duties, he or she will receive a voucher for a

replacement lens(es) at a provider arranged for by the Department which can replace the

lost or damaged lens(es). This replacement will be available only once per employee

during each year(s) of this Memorandum.

B. The Department's Property Reimbursement Schedule shall be revised to provide

as follows:

Maximum Amount

Sunglasses 33.50

Hearing Aid 150.00

Watch

50.00

Watchband/Watch chain 15.00

Tie

9.00

Shirt 18.00

Trousers

50.00

Jacket 95.00

Sweater

30.00

Suit (Trousers & Jacket) 140.00

Shoes

40.00

Raincoat 55.00

Topcoat 100.00

Pager 50.00

Cellular Telephone 100.00

FOP Unit I Fiscal Years 2022-2024 37 DMFIRM #400231086 v10

ARTICLE 26

MEDICAL LEAVE POLICY

PART I

POLICY

A. Effective June 25, 1997, new employees of the Police Department shall accrue

medical leave at the rate of eight and one half (8.5) hours for each month of completed

service. Employees must be in pay status at any time during the payroll period in which

their anniversary date occurs in order to accrue medical leave. Accrued medical leave

may be used for non-line-of-duty illnesses or injuries. Employees hired after June 25,

1997, shall be included in the same medical leave program and policy for line-of-duty

illnesses or injuries as those employees hired prior to June 25, 1997.

Employees who accrue medical leave at the rate of eight and one half (8.5) hours

for each month of completed service shall be permitted to utilize any accrued medical

leave in accordance with the Family and Medical Leave Act. Employees hired before June

25, 1997, shall continue to use medical leave on an as needed basis.

B. In the event that an employee shall suffer a line-of-duty injury or illness, said

employee shall remain in paid status without being charged medical leave until such time

as a decision is made by the Department’s designee as to whether or not the injury or

illness shall be classified as line-of-duty or non-line-of-duty. The employee shall be paid

an amount equal to sixty-six and two-thirds percent (66 2/3) of his/her regular pay which

may be excluded from federal adjusted gross income and therefore is not subject to either

federal or state income tax (standard Workers Compensation benefit). In addition, the

Employer shall provide a supplement to the standard Worker's Compensation benefit so

that the gross pay of the employee is equal to eighty-five percent (85%) of the

employee’s regular gross pay. If it is determined that the injury is non-line-of-duty and

the employee has been paid for days in excess of his accrued leave days, he shall repay

or be docked for such pay. An employee may repay any amount owed by using medical

leave, vacation leave or P leave hours or by having his pay docked; provided, however,

that in no instance shall the Department dock an employee more than 25% of any

paycheck.

PART II

NOTIFICATION REQUIREMENTS

A. Any employee who is unable to report to work because of medical leave must

contact his or her Unit of assignment not later than one (1) hour prior to the scheduled

tour of duty unless exigent circumstances exist.

B. An employee on medical leave will be required to notify his or her Unit of

assignment no less often than weekly for Medical Leave usage spanning more than one

week, and whenever the employee’s expected return to work date changes.

FOP Unit I Fiscal Years 2022-2024 38 DMFIRM #400231086 v10

C. When an employee is home and on medical leave, the employee must notify his

or her Unit of assignment when leaving home and upon return. An employee is to remain

at home, except to go to a medical facility, pharmacy, polling place, place of worship, or

retail outlet which sells primarily food, or in the event of exigent circumstances.

Employees may not leave home for any other reason, except with the approval of their

personal physician, their Commanding Officer/designee or the Administrative Duties

Division/Medical Section. The basis for the preceding is to allow employees who are

unable to work because of illness or injury to leave their home for personal needs which

are basic. Abuse of this procedure constitutes a violation of this Policy and is subject to

disciplinary action. In the event an employee receives approval from the Medical Director

for unrestricted medical leave at home, the notification of his or her Unit of assignment

when leaving and returning home shall be waived. There shall be no home visits between

the hours of 10:30 p.m. and 6:00 a.m.

PART III

MEDICAL CERTIFICATION REQUIREMENTS

A. An employee shall submit a Medical Leave Certification for all absences of three

(3) or more consecutive days upon the earlier of their return to work or the fifth (5

)

consecutive calendar day of absence.

B. Medical Leave Certification must contain the following information:

1. Date and time of treatment;

2. Address, phone number, office email address, and medical specialty of

health care provider;

3. Date and signature of health care provider;

4. Medical facts to support the absence, such as a statement that the

employee is absent due to a personal injury or illness; and

5. Expected date of return to duty.

C. To the extent such Medical Leave also qualifies as leave under the Maryland

Healthy Working Families Act, the Certification also will contain verification that the leave

was used for qualifying circumstances under that law.

D. In the case of Medical Leave usage that also may qualify as Family and Medical

Leave (FMLA), an FMLA medical certification, if submitted within the time frame above,

will qualify as Medical Leave Certification. The employee, however, has the option to

submit a separate FMLA medical certification within the time frame required under the

FMLA (

i.e.

, 15 calendar days), in which case a timely Medical Leave Certification in

accordance with this policy is still required.

FOP Unit I Fiscal Years 2022-2024 39 DMFIRM #400231086 v10

E. All medical certifications (Medical Leave and FMLA) will be submitted to the

Department Administrative Duties Division/Medical Section or its designee. Medical

certifications may be submitted electronically or in hard copy to meet the submission

deadline above; provided, however, that the original hard copy must be submitted no

later than the date on which the employee returns to work, or earlier upon request of the

Department, provided the employee is medically able to comply with this request (and, if

not, as soon as practicable when medically able).

F. Any employee who is on medical leave shall not be required to report to any

medical facility for the purpose of determining that employee’s fitness for duty between

the hours of 7:00 p.m. and 7:00 a.m. This provision shall not apply to employees in the

medical abuse program.

PART IV

MEDICAL LEAVE ABUSE CONTROL PROGRAM

A. Any employee who in a twelve (12) month period utilizes a total of eight (8)

uncertified medical days, or who reports on medical leave on four (4) separate uncertified

occasions, or who utilizes fifteen (15) or more medical days regardless of certification,

may be placed in the Medical Leave Abuse Control Program, hereafter known as “the

Program,” by his or her Commanding Officer after consultation with the Administrative

Duties Division/Medical Section.

Nothing in this Policy shall be construed to prevent the Police Commissioner from

taking formal disciplinary action for violation of the policies of the Department. First

consideration, however, should be given to the application of the Program.

B. An uncertified medical day or occasion is the use of medical leave, regardless of

duration, for which no doctor's certificate (as outlined in Part II, Section B) is submitted

to the employee's immediate supervisor.

C. In addition, an employee who uses medical leave in a manner described below

may be placed in the Program:

1. Uncertified usage before or after regular days off (three (3) occasions);

2. Uncertified usage on any specific tour of duty in the case of those

employees who rotate shifts (three (3) occasions);

3. Uncertified usage on a specific day of the week (three (3) occasions); or

4. Usage of medical leave after being denied other leave (two (2) occasions).

D. Commanding Officers will retain the discretionary authority to exempt employees

meeting the above criteria, based on mitigating factors. Command will consult the

FOP Unit I Fiscal Years 2022-2024 40 DMFIRM #400231086 v10

Administrative Duties Division/Medical Section prior to placing any employee in the

Program.

E. Both the Department and the Lodge recognize that by its very nature police work

carries with it the risk of severe injury. For this reason, any employee who sustains a

significant injury in the performance of his or her duties during the twelve (12) month

period will be exempted for that period in all cases where his or her medical record would

not otherwise justify inclusion in the Program.

1. The exemption stated above will expire upon the earlier of:

a. The passage of twelve (12) months from the date of injury; or

b. The employee reaching maximum benefit of medical treatment for

this injury as determined by his or her treating physician and/or the Medical

Director.

2. The Medical Director shall make the determination in these matters.

F. An employee shall remain in the Medical Leave Abuse Control Program for one (1)

year from the date of being so designated. Continued absenteeism for medical reasons

may subject the employee to an extension in the Program and/or may constitute just

cause for disciplinary action.

G. Upon placement or extension in the Program, the employee shall be notified in

writing by his or her Commanding Officer within five (5) working days. This written

notification shall also include the date the employee is scheduled to return to normal

status.

H. An employee placed in the Program may appeal through the established grievance

procedure. For the purposes of this Program, in Step 4 of the grievance procedure, the

Deputy Commissioner of the Administrative Bureau shall be the Police Commissioner's

designee.

I. When an employee who has been placed in the Program is home on medical leave,

the employee must notify his or her Unit of assignment when leaving home and upon

return. An employee is to remain at home except to go to a medical facility, pharmacy,

polling place, place of worship, or retail outlet which sells primarily food, or in the event

of exigent circumstances. Employees may not leave home for any other reason, except

with the approval of their Commanding Officer/designee. Should the employee be

refused permission to leave home and should the employee feel that there is a medical

necessity for this request, said employee may appeal the denial to the Medical Director.

J. Any employee who utilizes less than eight (8) medical days and less than four (4)

separate occasions during the one (1) year period as designated will automatically return

to normal status.

FOP Unit I Fiscal Years 2022-2024 41 DMFIRM #400231086 v10

Commanding Officers will retain the discretionary authority to return an employee

to normal status who exceeds the above guidelines in a case where he or she suffers a

clear-cut, bona fide, line-of-duty injury during the time frame in question.

K. The Lodge shall be notified on a quarterly basis of all bargaining unit employees

placed into the Medical Leave Abuse Control Program as well as those who have

completed the Program and are returning to regular status.

L. An employee who has been placed in the Medical Leave Abuse Control Program

shall be subject to the following sanctions:

1. The employee shall be required to obtain a doctor's certificate for all

subsequent uses of medical leave, regardless of duration, while in the Program. This

certificate must be submitted within two (2) working days after the employee returns to

duty.

2. Notwithstanding other provisions of this Memorandum, secondary

employment privileges and participation in other overtime details shall be suspended

while the employee is in the Program.

3. No overtime compensation shall be awarded to the employee for the

purpose of obtaining medical certification.

PART V

PENALTIES

A. An employee accused of violating the provisions of the Medical Leave Abuse

Control Program is entitled to a hearing before any action may be taken as a result of

this Section. After a determination has been made that an employee has violated any of

the provisions of the Program, he or she shall in addition to loss of wages for the day(s)

not worked be disciplined in accordance with the following procedures:

1. One (1) day's suspension without pay for the first violation.

2. Suspension without pay for three (3) days and forfeiture of secondary

employment opportunities for an additional twelve (12) months for the second violation.

3. Trial Board with a view toward termination for the third violation.

B. This provision shall not apply to absences preceding an employee's placement in

the Medical Leave Abuse Control Program.

PART VI

INCENTIVE FOR NON-USE OF MEDICAL LEAVE

A. The Department will provide the following incentives for non-use of medical leave:

FOP Unit I Fiscal Years 2022-2024 42 DMFIRM #400231086 v10

1. Effective July 1, 2002, and continuing thereafter, employees shall earn 25.5

hours of paid leave for each six (6) months when medical leave is not used during each

of the periods from July 1 to December 31 and January 1 to June 30. Any employee who

completes an entire fiscal year without medical leave shall receive 17 additional paid leave

hours.

2. This accumulated paid leave will be converted to Vacation Leave the

following fiscal year to be used any time during that fiscal year.

3. The above incentive program shall apply only to those employees who

worked in a full duty status, with the exception of those employees who have not reached

maximum benefit of medical treatment for line-of-duty injuries and are in a restricted

duty status. The incentive program shall apply to those employees who are in a restricted

status and performing the essential functions of a full-duty position.

4. Any employee who was otherwise qualified to receive the benefits of this

Section, and who suffered an injury while performing his/her official duties may appeal

to the Medical Director for restoration of those benefits for a period of one year from the

date that employee returns to work from his/her line of duty injury. Final determination

in these matters shall rest with the Medical Director.

PART VII

VACATION LEAVE ACCRUAL DURING SICK TIME

A. Effective July 1, 1991, employees will not accrue Vacation Leave in any month

during which they were carried on sick leave for the entire period. Similarly, any

employee who remains on line-of-duty medical (“A” Time) for a period of six (6) months

will cease to accrue Vacation Leave during subsequent months in which he or she is on

medical (“A” Time) for the entire month. In case of severe line-of-duty injuries and upon

written request, the six (6) month provision shall be waived only upon recommendation

of the Medical Director.

B. If an employee and/or the City successfully recovers monies for salary paid while

on medical leave as a result of third-party litigation, those days of medical leave repaid

to the City or Department shall be removed from the employee's medical leave totals.

This would apply to line-of-duty and non-line-of-duty injury cases.

In the event that such removal of medical leave days (a) would qualify the

employee for the benefits of Part V of this Article and/or (b) would not have resulted in

the non-accrual of Vacation Leave in Section A above, the employee shall receive all

incentive days for non-use of medical leave and Vacation Leave days to which he or she

would otherwise have been entitled under this Article.

FOP Unit I Fiscal Years 2022-2024 43 DMFIRM #400231086 v10

ARTICLE 27

LAYOFFS

A. NOTICE OF LAYOFF

The Department shall give each affected employee not less than thirty (30) days'

advance notice that he or she will be laid off. The Notice shall advise the employee of the

expected period of layoff, if known, and that the employee's rights in the circumstances

may be found in the Memorandum of Understanding and applicable provisions of the Civil

Service Regulations. The Department agrees to furnish a copy of each Notice to the

Lodge and to meet with Lodge Representatives promptly to resolve any questions arising

under this Memorandum.

B. ORDER OF LAYOFF

There shall be no layoff in any rank so long as unfilled, funded positions are

budgeted and charged to the Department in that rank and approved for fill by the City

Finance Department. Recruits and probationary officers shall be laid off before any other

employee in the bargaining unit. The next order of layoff will be those employees rated

“unsatisfactory” or “needs improvement” on their last three (3) consecutive ratings.

Thereafter, employees shall be laid off in seniority order, the least senior employee being

laid off first; except that if the Department determines that operational reasons require

retention of an employee of the unit having an essential skill, such as a helicopter pilot

or a specialty requiring a state license or certification (other than MPTC), he or she may

be retained. Seniority means total length of Departmental Service. In the event two (2)

employees of the unit have equal seniority, the tie shall be broken on the basis of their

last written performance evaluation.

C. HIRING DURING LAYOFF

No employee may be hired to perform the duties normally performed by a

bargaining unit employee while he or she is in layoff status, except to meet operational

needs of the Department for employees having an essential skill, as defined in Paragraph

B, or in accordance with the “bumping” provisions of the Department's Memorandum of

Understanding with Unit II.

D. RECALL RIGHTS

Laid-off bargaining unit employees shall enjoy the right to be reinstated within

eighteen (18) months from the effective date of the layoff to any vacant position for

which they are qualified. Reinstatement shall be in reverse order of layoff or reduction

in rank (i.e., by seniority). When the Department offers reinstatement to a laid-off

employee, it shall give him or her notice by registered mail, return receipt requested, and

afford the affected employee reasonable time, not to exceed twenty (20) days, within

which to accept reinstatement.

FOP Unit I Fiscal Years 2022-2024 44 DMFIRM #400231086 v10

E. BENEFITS

While on layoff, an employee shall be entitled to maintain eligibility for COBRA

benefits by paying the costs in accordance with the provisions of COBRA legislation.

ARTICLE 28

PERSONAL PRONOUNS

In all instances in this Memorandum in which the masculine form of the third

person pronoun is used, such pronoun shall refer to both male and female employees.

ARTICLE 29

PRESERVATION OF BENEFITS

All benefits presently enjoyed by employees covered by this Memorandum of

Understanding which are not specifically provided for or abridged in this Memorandum,

such as but not limited to holidays, uniforms, equipment, etc., are hereby included and

protected by this Memorandum.

ARTICLE 30

PRINTING OF MEMORANDUM

This Memorandum of Understanding shall be printed by the Lodge. The

Department shall reimburse the Lodge for fifty percent (50%) of the cost of such printing.

ARTICLE 31

SEVERABILITY

If any term or provision of this Memorandum is, at any time during the life of this

Memorandum, determined by a court of competent jurisdiction to be in conflict with any

applicable law, constitution, statute, or ordinance, such term or provision shall continue

in effect only to the extent permitted by law. If any term or provision is so held to be

invalid or unenforceable (or if the parties agree that it is), such invalidity or

unenforceability shall not affect or impair any other term or provision of this

Memorandum.

ARTICLE 32

DURATION

This Memorandum of Understanding shall become effective July 1, 2021, and

remain in full force and effect until June 30, 2024. It shall automatically be renewed from

year to year thereafter, unless either party shall give to the other party written notice of

a desire to terminate, modify or amend this Memorandum of Understanding. Such notice

shall be given to the other party in writing by certified mail no later than January 1

the year involved.

FOP Unit I Fiscal Years 2022-2024 45 DMFIRM #400231086 v9

IN WITNESS WHEREOF, the parties hereto have set their hands and seals this_____

day of ___________________, 2022 by their officers and agents duly authorized.

BALTIMORE CITY POLICE

DEPARTMENT/BALTIMORE CITY:

BALTIMORE CITY LODGE NO. 3

FOP UNIT I:

Michael Mancuso

Michael S. Harrison

Jessica Scott

Eric Melancon

Deborah F. Moore-Carter

Paul Hayes

James Shea

Scott Lawrence

Robert Cenname

Christopher Nunn

Sheree Briscoe

Lisa Riha

Shallah Graham

Herbert R. Weiner

Justin Conroy

Michael Davey

Quinton Herbert Kieran Dowdy

Veronica Jones

Yvette Brown

APPROVED FOR LEGAL FORM AND

LEGAL SUFFICIENCY:

NOTED BY THE BOARD OF ESTIMATES:

Lisa Walden, Chief Solicitor Clerk Date

Page 45 of Memorandum of Understanding (FY 2022-2024) by and between the Baltimore

City Police Department and Baltimore City Lodge No. 3, FOP, Inc., Unit I.

DocuSign Envelope ID: 819DEC66-2DD4-4F56-A46B-A975003519F0

January

11th

By Celeste.Amato at 12:12:46 PM, 1/20/2022