Township Supervisor FAQs

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(Updated 8/25/05)

• General
• Mutual Aid
• Training
• Labor Relations
• Cost
• Overtime
• Compensatory (Comp) Time
• Vacation Time
  

General

1.  What is “Modified Option 3”?

Option 3 is Available Online

2.  What’s the difference between a “core service” and a “mandated service”?

Both these phrases are rather terms of art. The County has used the term “core service” to indicate functions that would be provided to the contracting jurisdictions as of 2008, when the incremental cost, or “menu” model of police services will go into effect. The SWAT Team, K-9 Unit, and LAWNET functions are a few examples of what will be considered during the process of determining core services. The County and the Sheriff’s office will undertake a process in late 2005 and early 2006 to determine what constitutes “core services;” local units of government will be invited to participate in this process. The menu of core services will be announced on March 1, 2006, and adopted no later than April 30, 2006.

The term “mandated service” has been used to describe those functions of the Sheriff’s Department that are constitutionally required, such as the operation of the jail, limited animal control duties, and the recovery of drowned bodies from lakes and rivers.

3. Is it possible that it will be determined that no “core services” will be provided in 2008?

Yes, that is possible. There may be no core services, some core services, or many core services. Until the process of determining core services is complete, there is no predicting the outcome. However, funding for these core services is not limitless. The County has been clear and consistent in communicating the Board of Commissioners’ directive for drawing the funding for the jail improvements/enhancements, Probation Residential Center, and mental health diversion programs from the public safety and justice Community of Interest. Core services will necessarily be determined in the context of these constraints.

4. The County will cooperate with Townships considering forming an independent or sub-regional police department by working to protect employees and making available surplus equipment. What will be done to protect employees?

The County’s Labor Relations will work with union representation in the Sheriff’s office to determine the specifics of this provision. This issue has already been flagged for discussion.

5.  Will customers be allowed input into the assignment of personnel and assigned duties?

Yes; contracting entities may negotiate this item with the Sheriff to the extent that labor agreements permit. Assignment of personnel, being a deployment issue, will remain at the discretion of the Sheriff’s office, although input from contracting entities will be welcome.

6.  Will the County continue to offer special event contracts?

Yes.

7.  Will PSU costs for Central Dispatch be reduced to reflect actual percentage use by contract jurisdictions?

The police services methodology will not substantively change until 2008, except that contracting entities will be responsible for all overtime beginning in 2007. In 2008, the incremental cost methodology will be used instead of the concept of PSUs, rendering this adjustment unnecessary.

8.  How will surplus equipment be made available (purchase or donate)?

The County will negotiate each item with the individual contracting entity.

9.  The original proposal included the intent to provide a small force (10 deputies) – what happened to that concept?

This concept may be determined to be a core service in 2008-2009.

10.  Will the County continue to provide a pool of “fill-in” deputies to cover long term vacancies due to injury/illness?

Yes. The County will retain the current pool of six (6) FTEs (full time equivalents) to provide backfill services.

11. The contract specifies that the Sheriff will only enforce local traffic ordinances, and will assist the local ordinance enforcement officer when necessary. Enforcement of all local ordinances, whenever applicable to routine law enforcement, should be mandatory.

The Sheriff will determine the feasibility of all requests in relation to deployment capabilities.

12.  Will local units of government contribute toward liability insurance?

Sheriff’s personnel are covered by the County’s liability insurance, the cost of which is included in the police services contract.

13.  The original resolution indicated that for 2006/07, the County would retain the existing Detective Bureau and SWAT teams, and would cover all associated costs (including overtime). Will internal fleet charges be reduced by removing costs for unmarked detective cars as an associated cost?

The Kern Amendment (adopted by the Board of Commissioners at the Ways & Means Committee on August 3^rd) revised this language. Now, the County will retain the existing Detective Bureau and SWAT teams and all associated costs only for 2006. In 2007, the County would retain the Detective Bureau, and the SWAT team function would be considered mutual aid; contracting jurisdictions billed for any overtime costs incurred. Beginning in 2008, both the Detective Bureau and the SWAT team may or may not be considered “core services.” If one or both are determined to be a core service, the County would incur all associated costs. If they are not determined to be core services, contracting jurisdictions would be permitted to purchase these functions at a cost to be announced by March 1, 2006 and approved by the Board of Commissioners by April 30, 2006.

14.  Townships will have a six-month timeframe beginning on January 5th, 2007 to determine if they wish to continue to contract with the County under the new incremental cost model or opt out of the contract entirely. Once a decision is made to opt out, what is the window to do so?

Any local unit may terminate its police services contract in accordance to the specifications contained within the contract. As currently written, the contract indicates that a contracting entity may terminate the agreement by giving six months written notice to the County.

15.  In considering deputies' appearance in Court, will customers be billed for actual hours spent in court, or for “minimum call back” expenses pursuant to the labor agreements (e.g. 15 minutes vs. 2 hr. call back)?

Contracting entities will be billed for call-back expenses.

16.  Will any recommendations be made to reduce operating expenses through better coordination with the court system (e.g. night court)?

The County is open to working with the judiciary, the Prosecutor’s office, and the Sheriff’s office to explore all cost-saving measures, and will bring options for consideration before the Criminal Justice Collaborative Council (CJCC). Historically, options such as “night court” have met with staffing and operational challenges that undermine potential cost savings.

17.  Who controls how late in a shift calls may be dispatched?

All operational issues are under the control of the Sheriff.

18. The contract deputy shift bid for September 2005 includes four (4) positions held vacant due to staff shortages. Under the new methodology for 06-07, what happens when a contract deputy position is vacant?

In signing the contracts, the Sheriff commits to staffing levels that would provide the services for which jurisdictions contract. Given that there could be gaps due to staff turnover, funding the overtime that could be incurred when no deputy is available would be the responsibility of the County in 2006 and the contracting entity in 2007.

Mututal Aid

1. SWAT overtime: who assumes liability for SWAT team overtime as a function of mutual aid? How will a jurisdiction be serviced when most, if not all, on-duty deputies are summoned away for SWAT team mutual aid for an extended period of time? Who assumes liability for overtime when contract deputies are called-in from home for SWAT or HNT (Hostage Negotiation Team) activation?

In 2006, the County will retain overtime liability. In 2007, the contracting jurisdiction assumes responsibility for any deputy engaged in the provision of mutual aid, including SWAT operations. In 2008-2009, the County will determine what constitutes a “core service.” If SWAT were to be determined as such, the County would assume liability for associated costs, although back-filling for deputy absences would be under the discretion of the local unit in concert with the Sheriff’s office.

2. K9 unit – mutual aid and calling in from home: will the contracting jurisdiction assume all liability for this mutual aid? Does the contract jurisdiction have the ability to refuse assignment of a K9 team due to the high frequency of mutual aid requests?

Regarding overtime, please see the answer for SWAT, above; beginning in 2007, if a contracting jurisdiction wishes to back-fill for absent deputies, that entity will be responsible for associated overtime costs. As for assignment discretion, contracting jurisdictions have the ability to advise the Sheriff on their deputies’ assignment, but the Sheriff retains ultimate authority for personnel assignment. No jurisdiction may refuse to provide mutual aid when needed.

3. When contract deputies transport arrest fugitives to the jail from local police departments, is that considered mutual aid? Who will perform these duties, and who will pay for their transport?

The Sheriff will assign deputies as needed to perform this function. Any overtime that is necessitated by this operational issue will be the responsibility of the contracting jurisdiction beginning in 2007.

Training

1.  Will SWAT Team associated costs include filling shift vacancies created by deputies attending SWAT training?

Attendance at any authorized training program (not to exceed 100 hours annually per deputy) will be counted toward the base 80 bi-weekly service hours. Any training time above the specified 100 hours will be absorbed by the County.

2. Does training require prior customer authorization?

Back-filling time for a deputy who is undergoing training is considered routine overtime. While all overtime will be subject to approval by the contracting entity, it is expected that local units will develop a pre-approval protocol with the Sheriff’s office that includes a provision for authorization of routine overtime, in order to streamline and clarify the process. Further, training is generally scheduled far in advance, giving the local unit adequate notice.

3.  How much annual training is required to maintain police certification?

Sheriff’s staff are researching the amount of annual training required to maintain police certification.

4.  Does this apply to training unrelated to performing contract patrol services?

Currently, all training is considered equally, regardless of its “relation” to performing contract patrol services.

5. Under the new methodology, who is responsible for funding recruit deputies during their six-month training period? What about field training officer compensation?

In 2006, the County is responsible for funding recruit deputies. Beginning in 2007, the six-month training period would count toward the 100 hours of training time included in the deputy’s base 80-hour biweekly time commitment. Over and above that 100 hours, the County would incur the cost of the training, as currently written in the police service contract and methodology.

6. Deputy training time will count as contract service. Some deputies are also training instructors for various topics and firearms qualifications. Does training time include time off in an instructor capacity?

Yes. All training will be considered equally.

Labor Relations

1.  When do labor agreements expire?

The Sheriff’s unionized employees are members of either the Police Officers’ Association of Michigan (POAM) or the Command Officers’ Association of Michigan (COAM). The POAM contract expires in December 2006 and the COAM contract expires in December 2007.

2.  Have the unions been approached about contractual changes that might be required to achieve success?

Yes, the unions are aware of the potential impacts of the current labor agreements in putting the revised police services methodology into practice. Preliminary discussions have been held with Labor Relations and union representatives, and the contracts will be reopened to discuss issues affected by the implementation of this revised methodology.

3.  Will the contracting entities (local units of government) be invited to the table when contract negotiations occur?

The County welcomes local units’ input, concerns, and requests, and will take these issues into consideration during contract discussions, even setting up a formal process by which to gather this information. However, contract negotiations occur between an employer (the County) and union representatives, and as such, local units will not be invited to these discussions.

Cost

1.  The County has stated that contractual road patrol services will be maintained as long as the modified methodology results in the needed savings to fund the Public Safety & Justice System Initiative. How and when will these savings be evaluated?

Estimated cost savings resulting from the revised methodology have been calculated. The County budget will be reviewed on an ongoing basis by County Finance and Budget, and adjustments will be made during the County’s regular budget cycle to ensure the public safety and justice initiative is adequately funded.

2.  Will line item costs for deputy/supervisor overtime, detective bureau and other countywide support functions (SWAT, K9) be deleted from the PSU formula?

The PSU formula will no longer be used beginning in 2008. If the support functions listed above are determined to be “core services,” they will be continued at the County’s expense. Otherwise, they will be available for contractual purchase by the local units.

3.  When will a revised PSU formula cost breakdown for 2006/2007 be made available?

For 2006, the base cost of a deputy is $94,218 (a 6% increase from the 2005 rate); for 2007, the base rate per deputy is $99,871.

4.  When will a revised PSU formula cost breakdown for 2008/2009 be made available?

The concept of PSUs will be irrelevant after 2007. The County will announce by March 1, 2006 and adopt by April 30, 2006 the menu costs associated with the new incremental cost plan, which will go into effect January 1, 2008 and outline the base cost per deputy and the cost to the contracting entity of any additional personnel, equipment or services for which they may choose to contract.

Overtime

1.  The payment of all overtime incurred pursuant to the contract (for deputies and deputy supervision) is shifting from the County to the contracting entity. What provisions or policies will be implemented to reduce or control overtime expenses?

All overtime will be pre-authorized by the contracting entity. Local units are urged to develop an overtime authorization protocol in conjunction with the Sheriff’s office in order to control overtime expenses. It is expected that a contracting entity will include a provision in that protocol by which overtime that is considered “routine” (e.g., report writing, late calls) will be unilaterally assigned by the Sheriff’s office. All overtime, however, will be paid by the contracting entity, whether routine or non-routine.

2.  Who is the substation commander?

The Sheriff will determine the substation commander for each contracting entity. The local units will be invited to provide input into personnel decisions such as these, though the Sheriff will maintain authority over the final assignments.

3. The overtime protocol should include a provision by which the contracting entity assigns authority for routine overtime decisions to the Sheriff/substation commander.

This recommendation has been added to the contract language (Exhibit A) and associated documentation.

4.  Has the Sheriff agreed to criteria designating routine and non-routine overtime?

The Sheriff is still formulating his response to this proposed methodology.

5.  Will minimum shift staffing criteria be established for individual jurisdictions?

The County anticipates that minimum shift staffing criteria would be determined by the local unit of government in consultation with the Sheriff’s office. Each local unit will have unique needs, and determinations about staffing should be done on an individual basis.

6.  Are there any potential conflicts between customer decisions to fill shifts vs. labor agreements related to officer safety standards?

Items related to officer safety standards would be considered routine overtime and, as such, should fall under the Sheriff’s discretion within the pre-authorization protocol that the contracting entity develops.

7.  How will conflicts be resolved about the necessity of non-routine overtime approved without customer authorization?

As currently written, the police service contracts and associated documentation state that all overtime will be pre-authorized by the local units. Local units are strongly encouraged to develop overtime authorization protocols that would define the decision-making process well in advance of any event that would require such a decision. In this way, the process for authorization is made clear and the administrative burden is reduced. However, it is important to note that the resolution of any dispute that results from authorization or non-authorization of overtime is jointly the responsibility of the local unit and the Sheriff’s office. Regardless of the status of a dispute, all overtime expenses must be paid in accordance with the local unit’s contract. Service delivery will halt if the overtime bill is not paid for within a pre-defined timeframe.

8.  The original resolution states that regular billing of actual overtime will be made at a pre-defined rate per hour depending on the type of position filling the overtime need. The current rates (fiscal year 2005) are as follows: Deputy = $53; Sergeant = $64; Lieutenant = $70. Please provide a breakdown of hourly overtime costs (average OT rate, average longevity rate, other costs included in OT rate).

As a result of the Kern amendment, passed at the Board of Commissioners’ Ways & Means meeting on August 3^rd, the County is responsible for overtime in 2006. Overtime rates for 2007 will be determined in accordance with the relevant labor agreements. Overtime will be charged regardless of how the backfilling occurs – fill-in deputies will be used when possible, but a overtime rates will apply.

9. For long term absence issues, a contract deputy is replaced after two weeks (10 working days) if the deputy is ill or injured. Replaced on overtime, or replaced with a “fill-in” deputy?

If a fill-in deputy is available, Beginning in 2007, coverage for an injured or ill deputy is the liability of the County after 10 working days. Backfill is managed at the discretion of the Sheriff.

10. How much annual overtime income have deputies averaged over the last three years?

These data are not available.

11.  Who will be liable for overtime not chargeable to any contract jurisdiction?

More clarification is needed to determine what overtime would be not chargeable to the contracting entity.

12.  What is “short-notice backfill”?

An example of short-notice backfill would be a deputy who calls in sick immediately previous to his/her shift.

13.  What policies exist regulating when “report writing” overtime is necessary?

County staff are researching what Sheriff policies might exist to govern this type of overtime.

14.  What is non-routine overtime?

Non-routine overtime is any overtime that is incurred for any reason other than late calls, report writing, court appearances, short-notice backfill requirements, emergencies, or holiday pay.

Compensatory (Comp) Time

1.  When overtime compensation is taken as banked comp time, how will that be calculated and billed?

All overtime, whether received as comp time or as cash payout, will be billed at a flat rate at the time it is taken. Backfilling for a deputy who is using comp time will be at the discretion of the contracting entity, and if used, will be billed at the standard rate.

2.  When a deputy works overtime and elects to bank it as comp time, does the County set aside equivalent dollars to cover future expenses when the accumulated time is used, or is it carried an as unfunded IOU?

Yes, the County budgets for comp time liability, which is paid out through the severance fund upon a deputy’s exit from the organization. The use of comp time on a revolving basis is funded through the Sheriff’s operating budget.

3.  What happens when a deputy works comp overtime in one jurisdiction, and takes it off in another jurisdiction?

The local unit in which the comp time was earned will be billed for the comp time that is taken, regardless of the jurisdiction in which the comp time is taken. Backfilling for a deputy that is using comp time will be at the discretion of the contracting entity, and if used, will be billed at the standard rate.

4.  Will customers be held liable to pay for the use of banked comp time accrued prior to implementation of this plan?

Currently, backfilling for a deputy that is using comp time will be at the discretion of the contracting entity, and if used, will be billed at the standard rate. The County is also opening discussions with the unions to negotiate the possibility of freezing these banks in the future.

5.  Contracted deputies work 80 hours per bi-weekly period. Will contracts be based on hours, and how will hours be documented?

Contracted deputies in 2006 will work 1800 hours annually. Beginning in 2007, the 80-hour biweekly standard will apply (2080 hours annually), with the following standard work items included with road patrol duties in counting toward that standard:

1. Travel time to, from and between Sheriff work sites;

2. Attendance at authorized trainings (not to exceed 100 annual hours);

3. Provision of mutual aid, response to national Condition Red or any other exceptional circumstance;

4. Appearance in court or meeting relating to court issues;

5. Service for the municipality that takes the deputy outside of the geographic area;

6. Approved annual leave for vacation, sick, holiday, personal or any other leave or compensatory (comp) time in accordance with policy and employment contracts, provided, however, that compensatory time earned prior to January 1, 2006 shall not count toward base service hours; and

7. The first ten working days of an illness or injury.

Contracting entities will receive monthly bills detailing overtime hours incurred, and the Sheriff or a Sheriff’s representative will present a summary of overtime charges to the Township monthly.

6.  Does the provision of mutual aid or exceptional circumstances apply to routine mutual aid to non-contract jurisdictions, or is it limited to exceptional circumstances contained in the Mutual Aid Agreement?

All mutual aid, including response to both routine and exceptional circumstances, is considered equally.

7. Were “comp” overtime earnings included in the Plante & Moran analysis?

Yes, Plante & Moran included some comp overtime earnings in the study, as no differentiation was made between overtime and comp overtime payments that were made during a given period of time. Plante & Moran is now calculating the outstanding “banked” comp time liability.

8. How is the revolving comp time funded during a deputy’s career prior to separation?

Revolving comp time is funded through the Sheriff’s operating budget, as it is incurred.

9. Under Modified Option 3, the County is liable for existing comp time. Will that cover liability for the use of banked comp time during the life of the contract? Does it cover newly created fill-in overtime necessitated by use of banked comp time?

The County is working with the union to explore the possibility of freezing the existing comp time banks and potentially to pursue cash settlements for banked time. In the future, it would not be operationally feasible to discern between the overtime necessitated by banked comp time usage, and that necessitated by other conditions.

Vacation and Other Time Off

1. How much vacation and comp time is the average deputy allowed to schedule off?

The table below lists the amounts of time-off that can be accrued each year and how it is used.  Figures are based upon a deputy that has been with the department for 10.5 years, which is the actual average among existing deputies.

2.  How much vacation and comp time does the average deputy schedule off?

For 2004 the average number of vacation days taken (vacation and personal days combined) was 18.5 and the average number of comp days taken was 6.3 days.

3.  Who approves time off, and what guidelines exist regarding approval of unscheduled time off?

The Sheriff approves time off according to labor agreements.

4.  Can shift bids and vacation bids be better timed and coordinated to reduce overtime for scheduled shift vacancies known in advance?

The County is currently in conversation with the unions negotiating these issues.

5.  Can vacation bids be restricted to individual jurisdictions, or a collection of neighboring jurisdictions, in order to reduce the need for overtime fill-in?

The County is currently in conversation with the unions negotiating these issues.

6.  Is staffing reduced to a minimum level on holidays?

The Sheriff has discretion over staffing levels, in accordance with labor agreements.

7. Oakland County’s police contract excludes paid disciplinary leave and/or long-term disability leave after a period of five (5) working days from the definition of the 80-hour bi-weekly police service. Why does Modified Option 3 specify ten (10) working days for illness/injury and fail to address paid disciplinary leave?

As currently written, the police services contract and methodology do not address disciplinary leave. Therefore, beginning in 2007, disciplinary leave would not count toward the 80 biweekly hours of regular service. The County would be responsible for funding this liability.

8. How are local jurisdictions compensated for contract deputies on unpaid disciplinary leave?

As currently written, beginning in 2007, the police service contract and methodology do not address disciplinary leave, which means that the County would be responsible for funding resultant overtime liability incurred.

9.  How will worker’s comp vacancies be covered?

As currently written, the contracts indicate that absences due to illness or injury over 10 days in duration will be paid at the County’s expense beginning in 2007.