SETTLEMENT AGREEMENT. ‘THIS SETTLEMENT AGREEMENT (“Agreement”) is made by and among the CITY OF YORK (“City”), FRATERNAL ORDER OF POLICE WHITE ROSE LODGE #15 (“FOP”), OFFICER MICHAEL DAVIS (“Davis”), OFFICER JEREMY MAYER (“Mayer”) and OFFICER JEREMY STRATHMEYER (“Strathmeyer”). The City, FOP, Davis, Mayer and Strathmeyer may be collectively referred to in this Agreement as the “Parties”. WITNESSET! WHEREAS, the City and the FOP are parties to a collective bargaining agreement in effect from January 1, 2015 through December 31, 2018, hereinafter referred to as “CBA”; and WHEREAS, the City and the FOP currently have several labor matters pending, including four Grievances, an Unfair Practice Charge, and three requests for Trial Board hearings; and WHEREAS, in an effort to improve labor-management relations within the Police Department, the Parties now wish to resolve all outstanding Grievances, ULPs, Trial Board requests and other pending matters; and WHEREAS, the Parties have reached a settlement as to the resolution of the Grievances, the Unfair Practice Charge, the Trial Board requests, and all other labor matters pending within the Police Department; and NOW THEREFORE, the Parties set forth the following terms of settlement: 1. Penalties Imposed. A. Michael Davis: Davis will receive a Level Three (3) Offense relating to the allegations brought forth by Russell Tschopp against members of the City of York Drug Task Force, and will transfer immediately to Night Patrol. Upon execution of this Agreement, and 81671482with the exception of five (5) days which will serve as his penalty for the Level 3 Offense, Davis will be reimbursed for his time served on unpaid administrative leave. For each day Davis reimbursed, his accrued sick leave balance will be reduced by one day. B. Jeremy Mayer: Mayer will receive a Level Two (2) Offense relating to the allegations brought forth by Russell Tschopp against members of the City of York Drug Task Force, and will transfer immediately to Patrol. Within five (5) days of execution of this Agreement, Mayer will notify Chief of Police Wes Kahley whether he will transfer to Day Patrol or Night Patrol, and his request will be granted. Upon execution of this Agreement, Mayer will be reimbursed for his time served on unpaid administrative leave. For each day Mayer is reimbursed, his accrued sick leave balance will be reduced by one day. C. Jeremy Strathmeyer: Strathmeyer will receive a Level Two (2) Offense for his conduct relating to certain social media postings. 2. Return to Work. Davis and Mayer will return to work immediately following the execution of this Agreement. 3. Withdrawal/Settlement of Grievances and ULP. A. Grievance 2015-001, relating to Article VII Work Schedule, will be deemed immediately withdrawn upon execution of this Agreement. To the extent the City is facing a budgetary shortfall, the City may assign regularly scheduled patrol officers to work on third party details, at their regularly scheduled rate. When City finances allow, those details will be scheduled through the extra duty provision of the CBA and officers will receive time and one half their regularly scheduled rate for each hour worked on such detail. The Wingate detail will be retumed to extra duty assignment by 2016 or sooner if City finances allow. st67748.2B. Grievance 2015-004, relating to Strathmeyer’s demotion, will be deemed immediately withdrawn upon execution of this Agreement, Strathmeyer will remain as an Officer. C. Grievances 2015-005 and 2015-006, relating to Davis and Mayer's placement on unpaid administrative leave, will be deemed immediately withdrawn upon execution of this Agreement. Davis and Mayer will return to work immediately pursuant to the terms detailed in Paragraphs 1 and 2, above. D. FOP Business Days. In the future, Officers will request use of FOP business days via email to the FOP President, the Operations Commander and the Officers’ immediate supervisor. The FOP President or Vice President must confirm via email the use of an FOP business day before the day off is used by the Officer. FE. Unfair Labor Practice Charge PF-C-15-25-E. Upon execution of this ‘Agreement, the FOP will immediately withdraw ULP PF-C-15-25-E with prejudice. F. Davis and Mayer’s Requests for a City Council Hearing will be deemed immediately withdrawn upon execution of this Agreement. Davis and Mayer will receive penalties in accordance with Paragraph 1, above. G. Strathmeyer’s Request _for_a Trial Board Hearing will be deemed immediately withdrawn upon execution of this Agreement. Strathmeyer will receive a Level ‘Two (2) Offense as detailed in Paragraph 1, above. 4, Joint Press Release. A joint press release will be issued by Les Neri, President of the Fraternal Order of Police, Pennsylvania State Lodge, on behalf of the FOP, and Chief of Police Wes Kahley and City Business Administrator Michael Doweary on behalf of the City. usior8.25. Letter to the Chief. Officers Davis and Mayer will draft and sign a letter to the Chief with copies to the Drug Task Force Officers who were named in the allegations brought forth by Russell Tschopp. The letter will confirm that: A. Davis and Mayer had no evidence of any wrongdoing by any named officer; B. Davis and Mayer were only repeating allegations which were brought to them; C. Davis and Mayer could have addressed this situation in a better manner, and D. In the future, if faced with a similar situation, Davis and Mayer will consult with an FOP attorney before taking any action. 6. Internal FOP Meeting. Les Neri will meet with the FOP Lodge to discuss moving beyond the events leading to this Agreement. Neri will also meet with the FOP Vice President and Chief Kahley to discuss the ongoing labor-management relationship between the FOP and the City. 7. Governing Law. This Agreement shall be governed by and construed under the laws of the Commonwealth of Pennsylvania. A photocopy of a fully executed ‘Agreement shall be deemed an original for all purposes. 8. Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. ** This Space Left Intentionally Blank** uusier748.29. Effective Date of Agreement. The Parties agree that this Agreement shall become effective and enforceable when executed by all Parties. IT IS HEREBY AGREED: CITY OF YORK BY:_| AG, { “ WHITE ROSE FOP LODGE #15 Le bel WE 72> ¢| oles : Date _ Ybie Date ZZ Sib, Michael Davis Date __ felis Jerephy Mayer] Date _ Ais Jeremy Stragiimeyer Date nsist7a8.2