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Exh 15MINUTES OF THE HEARING HELD IN ATLANTIC BEACH COMMISSION CHAMBERS AT 5:00 PM ON MONDAY,NOVEMBER 3,2003 TO SE 1 1"LE THE IMPASSE iN NEGOTIATIONS BETWEEN THE CITY OF ATLANTIC BEACH AND FRATERNAL ORDER OF POLICE UNION Present: John S. Meserve, Mayor Richard M. Beaver, Commissioner Mike Borno, Commissioner Paul B. Parsons, Commissioner J. Dezmond Waters, III Also: Jim Hanson, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk Gary Evans, Union Negotiator George Foster, City Negotiator The Mayor called the meeting to order and explained that the parties were at impasse on several issues and asked the City Attorney to explain the parameters of a quasi-judicial hearing. Alan Jensen explained that a quasi-judicial hearing was similar to a court case and that the City Commission would make their decisions based on the evidence presented to them by the City and Union at this hearing. Shade meetings were held and guidance was given to staff but no decisions had been made on the items at impasse. Both parties had waived the right to go to a Special Master for resolution of the impasse and the matter was before the City Commission to resolve all issues. The Mayor said each party would have thirty minutes to present its case and ten minutes would be allowed for rebuttal, following which the public would be given an opportunity to address the City Commission and would be asked to limit their remarks to two minutes.The City Commission would then act on the issues at impasse. George Foster presented the City's position on the issues at impasse, as follows: 1. Wages (Article 26) The City wished to retain Palmer and Cay merit pay system. The pay scale would be increased by 3%and employees with more than six months service to the City would receive an increase equal to 6% of the new mid point of the pay scale. Detective Pay: The City proposed that Detectives receive a 10% increase. Page Two Minutes—Impasse Hearing November 3, 2003 2. Bonuses (Article 26) Retain the employee performance bonus as a one-time bonus that would be paid in addition to the employee's regular pay. 3. Out of Position Pay (Article 26) Retain the current policy of paying an additional 5%to employees who were required to work out of their normal work classification for a period of four hours or more. 4. Overtime (Article 17) Change the current policy of paying overtime for hours worked that exceed the daily work shift and pay overtime for hours worked after 80 hours in a two-week period. Paid holidays, paid compensatory time taken,personal leave taken and other approved leave taken, except donated leave, to be included as "hours worked" for the purpose of overtime payment. 5. A. Promotions (Article 29) Allow the City to determine the selection process to allow promotions to be based on the most qualified applicant for the job. B. Pay Increase—Promotion to Sergeant Pay an additional 12% for promotion to Sergeant 6. Holidays (Article 12) A. Change Employee's Birthday holiday to 8 hours of personal leave. B. Currently employees who work 10-hour shifts receive 100 hours of holiday pay while employees who work 8-hour days receive 80 hours of holiday pay. Change this section to pay all employees 80 hours of holiday pay. 7. Uniforms (Article 23) Delete mandated uniform items. The City provides all police officers with the necessary and required uniforms and equipment to perform their jobs. 8. Bulletin Boards (Article 22) Change current policy to allow the City to remove inappropriate material from Union bulletin boards. Page Three Minutes—Impasse Hearing November 3, 2003 9. FOP Time Pool (Article 6) This time pool has not been used for many years. Delete this outdated provision. 10. Effective Date (Article 33) Mr. Foster requested that the new contract become effective on November 10, 2003 A copy of Mr. Foster's handout is attached hereto as Exhibit A. Although not presented in the same order as the City's position, the Union's position on the issues at impasse is set forth below in the same order as presented by the City). Gary Evans presented the Union's position on the issues at impasse, as follows: 1. Article 26 Wages: The Union proposed to replace the Palmer and Cay pay plan with a step pay plan with 2% step increments; provide all police officers with a"one-time" conversion pay adjustment to enter the step plan based upon their current length of service; provide employees with a longevity step pay increase of 2% on their anniversary dates; effective October 1, 2004, provide a 4%pay increase plus a 2%longevity step increase;and Effective October 1,2005, provide a 4% pay increase plus a 2% longevity step increase. 2.Article 26 Bonuses The Union proposed that bonuses be included within an employee's base pay and not a one- time payment. 3. Out of Position Pay (Article 26) The Union requested that the rate of pay be increased from the current 5% to 15% when employees are required to work out of their normal positions for a period of four hours, or more. 4. Overtime (Article 17) The Union supported the current policy of paying overtime for any hours worked that exceeded the daily schedule. Page Four Minutes—Impasse Hearing November 3, 2003 5. A. Promotions (Article 29) The Union supported retaining the current promotional process which requires that there must be five eligible applicants before a written test could be given;applicants must have two years of service with the city;and upon completion of the testing procedure,the list ofthe top five successful applicants would remain in effect for promotional purposes for a period oftwo years. B. Pay Increase—Promotion to Sergeant The Union requested that employees receive a 15% increase upon promotion to Sergeant 6. Holidays (Article 12) A. Change Employee's Birthday holiday to Police Memorial Day, May 15 B. Provide 80 hours off with pay if an employee works an 8-hour day and provide 100 hours off with pay if an employee works a 10-hour day. 7. Uniforms (Article 23) The Union requested that a dress hat with insignia,two long sleeve shirts and a snap-on tie be added to the required uniform list. 8. Bulletin Boards (Article 22) The Union supported retaining the current policy that provides that material posted on the FOP bulletin board within the Police Department may only be removed by the FOP. 9. FOP Time Pool (Article 6) The Union supported the current contractual language that allows police officers to donate leave time into a pool to be used by the Union Representative to attend meetings and training. 10. Effective Date (Article 33) Mr. Evans requested that the new contract be made retroactive to October 1, 2003. A copy of Mr. Evans' handout is attached hereto as Exhibit B. Page Five Minutes—Impasse Hearing November 3, 2003 During rebuttal, Mr. Foster made the following points: Wages: A pay study was conducted to resolve pay issues and a new classification and pay plan was implemented. Mr.Foster explained that the new plan would not perpetuate the pay compression problems that had existed in the past. He said that comparisons with the other beach cities had indicated that Atlantic Beach's pay scale was competitive until about the seventh year. He said that while the pay plan would need to be modified over time, he thought it was best for the City to stick with the plan. Mr. Foster said that exit interviews were conducted with employees who left and found that pay was not the primary reason for leaving. Promotions: Based on the small number of officers, Mr. Foster said the city needed flexibility to promote based on performance. He said that while seniority should be a consideration, promotion should be based on performance. Holidays: The City currently has eleven holidays. Based on 10-hour days, police officers get 110 hours holiday pay. The City proposes to reduce the holiday hours to 100. Mr.Foster explained how holiday pay and overtime was paid to police officers who worked on a holiday. Uniforms: The City does not provide a Class A uniform which includes a hat, long sleeve shirt and tie, for every officer. However,requests for Class A uniforms would be considered on a case by case basis as needed. FOP Time Pool: If implemented, records would have to be maintained on a manual basis. Bulletin Board: The City felt that in the event the FOP Chairman was on leave, it may not always be possible to remove inappropriate material in a timely manner and was, therefore, requesting a change in the current policy to allow management to remove any inappropriate material. During rebuttal, Mr. Evans made the following points: Mr. Evans said he appreciated that the City had made an effort to determine the cause of turnover in the Police Department and understood that there was not as much of an opportunity for promotion or for meeting career goals in a small city like Atlantic Beach as there would be in a larger police department. He thought the implementation of a step pay plan would help to make Atlantic Beach more competitive but pointed out that other cities were currently negotiating new contracts following which,there would probably be a larger discrepancy between Atlantic Beach and neighboring cities. He did not feel the Palmer and Cay plan would keep pace with other cities and thought that Atlantic Beach should strive to be one of the best places to work with one of the best paid police departments in the county, which he said, would result in a larger pool of applicants when vacancies occurred. Page Six Minutes—Impasse Hearing November 3, 2003 Regarding promotions, he thought the city needed to have a fair procedure in which promotions were not arbitrarily decided but one in which employees could compete fairly for promotions. The Mayor opened the floor and invited comments from the audience. John Murr said he had operated a business in Atlantic Beach for eighteen years and had established a good relationship with the police department and would like to keep experienced police officers who knew him and his business. He said he would be glad to contribute to the cost of the Class A uniforms if cost was the problem. Penny Reilly, 159 Third Street said she was surprised to learn that Neptune Beach police officers were paid better than Atlantic Beach. She said she had called the Police Department several times over the years and would like to be able to keep experienced officers. Officer Raynor, Chairman of FOP Bargaining Unit, said that the working conditions, turnovers, and pay scale, impact the patrolmen who are trying to do their jobs. He thought the need to continually train new officers affected the morale and physical stamina of officers. He pointed out that some of the issues at impasse had been in the contract for many years and had not been a problem. He asked that the City not reduce any existing benefits. Penny Kamish, 193 Beach Avenue, said the City should strive to retain experienced officers and not have to have the expense of training new officers. Detective Hatfield, noted that the City's position was to treat all employees equally. However, he thought police officers had a different and unique job and should be treated accordingly. Jim Hunliff said he knew several police officers who were actively looking for jobs but they did not consider Atlantic Beach because of the pay scale, take home car policy, and promotional opportunities. While the City may not be able to do much about the promotional opportunities he thought the pay and benefits should be improved. Jody Richards, resident and business owner, expressed concern regarding the cost of turnover. She did not think that a 6%pay increase was excessive and thought the city should compromise in other areas to be able to retain experienced officers. Since no one else wished to speak the Mayor closed the public comments and the City Commission addressed each issue individually. Page Seven Minutes—Impasse Hearing November 3, 2003 1. Article 26 Wages Commissioner Borno moved to adopt the City's position regarding wages. (Retain Palmer and Cay merit pay system. The pay scale would be increased by 3% and employees with more than six months service to the City would receive an increase equal to 6% of the mid point of the pay scale. Detective to receive a 10%increase.) The motion was seconded by Commissioner Parsons. Discussion ensued and it was pointed out that the Palmer and Cay plan would be revisited every 3-5 years. Commissioner Waters did not support either the Palmer and Cay plan or the Union proposal. He felt a compromise should be reached on the issue of wages and said he preferred a step plan. Commissioner Beaver asked if Atlantic Beach's rate of pay was lower than Neptune Beach. Mr.Foster thought the pay in Atlantic Beach was comparable to Neptune Beach but indicated that Neptune Beach police officers had received considerable increases in the past few years. He pointed out that pay raises were given in Neptune Beach based on the completion of various training. Dir. Thompson said he, too, had compared the Neptune Beach pay scale with Atlantic Beach and said that while the pay scales were comparable in the early years, there was a considerable disparity after about seven years. Commissioner Beaver felt that pay was the major issue and challenged the City to aggressively look at ways to make things better for the police and find ways to be able to afford a better rate of pay. Following further discussion it was agreed that the two proposals before the City Commission were very different and Mr. Evans and Mr. Foster agreed they could continue negotiations on this issue if the City Commission wished. The Mayor said he was opposed to a step plan and supported the City's position but agreed that the pay of senior officers would have to be addressed. Following further discussion, the motion carried on a vote of 4-1 with Commissioner Waters voting nay. 2.Article 26 Bonuses Commissioner Borno moved to accept the City's position regarding bonuses(Retain the employee performance bonus as a one-time payment in addition to the employee's regular pay). The motion was seconded by Commissioner Parsons. Following brief discussion the motion carried on a vote of 4-1 with Commissioner Waters voting nay. Page Eight Minutes—Impasse Hearing November 3, 2003 3.Out of Position Pay (Article 26) Commissioner Borno moved to adopt the City's position regarding out of position pay. Retain the current policy of paying an additional 5% to employees who were required to work out of their normal work classification for over four hours). The motion was seconded by Commissioner Beaver. Commissioner Borno inquired if this was a frequent occurrence and was advised that officers frequently filled in for supervisors who were off. The motion carried unanimously. 4. Overtime (Article 17) Commissioner Waters moved to adopt the Union's proposal regarding overtime. Retain the current policy and pay overtime for hours worked that exceed the daily work shift). The motion was seconded by Commissioner Beaver. Commissioner Bomo asked if the current policy was in compliance with the Fair Labor Standards Act and was advised that the City's policy was more generous than FLSA standards required. Following further discussion, the motion failed on a unanimous vote. Commissioner Beaver then moved to adopt the City's position regarding overtime. Pay overtime for hours worked after 80 hours in a two-week work period). The motion was second by Commission Borno and carried unanimously. 5. A. Promotions (Article 29) Commissioner Beaver moved to adopt the City's position regarding promotions. Allow the City to promote the most qualified employee). The motion was seconded by Commissioner Borno. It was explained that this change would provide the Chief of Police the flexibility to establish the criteria and procedures prior to the promotion cycle, depending upon the availability of officers. Mr. Foster explained that the current policy required that five officers be available before the test for promotion could be given and the Police Chief must then select the individual for promotion from the top three without taking performance into consideration. Director Thompson explained that longevity would always be a consideration in promotions. Following further discussion,the motion carried on a 3-2 vote with Commissioners Borno and Waters voting Nay. Page Nine Minutes—Impasse Hearing November 3, 2003 B. Pay Increase for promotion to Sergeant Commissioner Borno moved to accept the City's position regarding pay increase for promotion to Sergeant (Pay an additional 12% for promotion to Sergeant). The motion was seconded by Commissioner Parsons and carried unanimously. 6. A. Holidays —Birthday Holiday (Article 12) Commissioner Waters moved to change the Employee's Birthday holiday to Police Memorial Day (May 15). The motion died for lack of a second. Commissioner Beaver then moved to adopt the City's position regarding the Birthday Holiday (Change employee's Birthday from Holiday to eight hours of Personal Leave). The motion was seconded by Commissioner Parsons and carried on a vote of 4-1 with Commissioner Waters voting nay. B. Holidays (Article 12) Commissioner Parsons moved to adopt the City's position regarding holiday hours.(All full-time employees to be treated equally and provided with 80 hours ofholiday hours offwith pay). The motion was seconded by Commissioner Borno. In response to a question from Commissioner Borno, Dir. Thompson explained that this action would reduce the holiday hours for police officers from 100 hours to 80 hours. Following brief discussion, on roll-call vote the motion failed on a vote of 2 — 3 with Commissoner Parsons and Mayor Meserve voting aye and Commissioners Beaver, Borno, and Waters voting nay. Commissioner Borno then moved to adopt the Union proposal regarding holiday hours. Provide 80 hours of holiday hours off with pay if employee works an 8-hour day and 100 hours of holiday hours off with pay if employee works a 10-hour day). The motion carried on a vote of 3 - 2 with Commissioners Beaver, Borno, and Waters voting aye and Commissioner Parsons and Mayor Meserve voting nay. 7. Uniforms (Article 23) Commissioner Waters moved to adopt the Union's proposal regarding uniforms(Add dress hat with insignia,two long sleeve shirts and a snap-on tie to the list of required uniform items). The motion was seconded by Commissioner Borno. Brief discussion ensued regarding the requested items and Dir. Thompson explained that he would prefer to dispense with the list and to provide all officers with the uniform and equipment items needed to perform the job. While it would be his intent to approve requests for the additional items,he doubted that every officer would use,or request a Class A,dress uniform.Following brief discussion,the motion failed on a vote of 4-1 with Commissioner Page Ten Minutes—Impasse Hearing November 3, 2003 Waters voting nay. Commissioner Beaver then moved to adopt the City's position regarding uniforms (Delete mandated items and allow the City to provide the uniform as needed). The motion was seconded by Commissioner Parsons and carried unanimously. Commissioner Borno requested that officers' requests for the Class A uniform items be handled on an individual basis. 8. Bulletin Boards (Article 22) Commissioner Borno moved to adopt the City's position regarding bulletin boards(City to have the right to remove inappropriate material). The motion was seconded by Commissioner Parsons. Discussion ensued and it was pointed out that it would not always be possible to remove inappropriate material in a timely manner if the FOP representative was on leave or unavailable for any other reason. However, it was felt that the Union may have concerns about Union material being removed. Officer Raynor said that the bulletin board was his means of communicating with members and it was important for him to be able to track when items were posted and removed from the board. Following further discussion, Commissioner Borno moved to amend the motion to require that any material removed from the bulletin board by the Police Chief be delivered to the FOP representative. The motion and amended motion carried on a vote of 3 —2 with Commissioners Borno and Waters voting nay. 9. FOP Time Pool (Article 6) Commissioner Parsons moved for adoption of the City's position regarding FOP pool time. (Delete FOP pool time provisions). The motion was seconded by Commissioner Borno. Discussion ensued and it was pointed out that this provision had been included in the contract for many years but it had not been used in a long time and that it would require manual record-keeping to track the hours. Officer Raynor, however, pointed out that the pool time allowed him to attend Union meetings and seminars and to keep up with FOP education and training without depleting his personal leave time, and indicated that the Union would be willing to track the hours in the pool. Following further discussion, the motion failed on a vote of 1-4 with Commissioner Parsons voting yea, and the Mayor and Commissioners Beaver, Borno, and Waters voting nay. Page Eleven Minutes—Impasse Hearing November 3, 2003 Commissioner Beaver then moved to accept the Union's proposal regarding FOP time pool(Retain the current provisions). The motion was seconded by Commissioner Waters and carried on a 4-1 vote with Commissioner Parsons voting nay. 10. Effective Date (Article 33) The Mayor recommended that the contract become effective tonight. Commissioner Waters moved that the wage part of the contract be retroactive to October 1 and all other parts of the contract become effective November 10. The motion was seconded by Commissioner Beaver. Following brief discussion, the motion carried unanimously. In further discussion Commissioner Waters suggested that the FOP contract be compared with Neptune Beach's contract. He said he was concerned with the turnover and thought this should be discussed in the City Commission's next strategic planning session. Officer Raynor referenced a committee that was formed to review employee benefits and requested that the FOP be advised of such activities in the future. Commissioner Waters also inquired why the handouts that were provided this evening could not have been made available to Commissioners before the meeting so they would have been able to compare the Union and City's proposals. Mr. Foster advised that when an impasse is declared, Florida law prohibited the distribution of such material and said that Commissioners must make their decisions based on the evidence presented by both sides at the impasse hearing. The Mayor declared the impasse resolved and adjourned t :i ,-eting 7:55 p.m. 14 '‘.JAM\ Jr '. eserve Ma or 'r: iding Officer ATTEST: Maureen King, C C City Clerk AGREEMENT BETWEEN FRATERNAL ORDER OF POLICE FLORIDA STATE LODGE AND THE CITY!, OF ATLANTIC BEACH FLORIDA October 1, 2002 through September 30, 2003 TABLE OF CONTENTS Article No. Title Page Number AGREEMENT 1 1 . . . . RECOGNITION 2 2 . . . . PAYROLL DEDUCTION AND DUES 3 3 NO STRIKE PROVISION 4 4 . . . . EMPLOYMENT GUIDELINES 5 5 . . . . MANAGEMENT RIGHTS 6 6 . . . . SPECIAL MEETINGS/UNION TIME POOL 8 7 PROBATIONARY EMPLOYEES AND SENIORITY 10 8 . . . . RULES AND REGULATIONS 12 9 DISCHARGE AND DISCIPLINE 13 10 . . . . GRIEVANCE PROCEDURE 17 11 . . . . ARBITRATION PROCEDURE 20 12 . . . . HOLIDAYS 22 13 . . . . PERSONAL LEAVE HOURS 24 14 LEAVES OF ABSENCE WITHOUT PAY 26 15 . . . . MILITARY LEAVE 27 16 . . . . BEREAVEMENT LEAVE 28 17 . . . . HOURS OF WORK AND OVERTIME 29 18 . . . . INJURY IN THE LINE OF DUTY 31 19 . . . . TUITION AIDE 33 20 . . . . INSURANCE 35 21 . . . . SAFETY AND HEALTH 36 22 . . . . BULLETIN BOARDS 37 23 . . . . UNIFORMS 38 24 . . . . MILEAGE 41 25 . . . . LEGAL SERVICES 42 • 26 . . . . WAGES 43 27 . . . . ALCOHOL AND DRUG TESTING 46 28 . . . . ANTI-DISCRIMINATION 49 29 . . . . PROMOTIONAL PROCESS 50 30 AMENDMENTS • k: 52 31 SAVINGS CLAUSE 53 32 . . . . SEVERABILITY 54 33 . . . . ENTIRE AGREEMENT 55 34 . . . . DURATION OF AGREEMENT • 56 Atch A PAY AGREEMENT 57 • AGREEMENT This Agreement is entered into this 11th day of November, 2002 between the City of Atlantic Beach, hereinafter referred to as the Public Employer, or City, and the Fraternal Order of Police, Florida State Lodge, hereinafter referred to as the FOP, Union, Employee Organization, or Association. It is the intent and purpose of this Agreement to assure sound and mutually beneficial working relationships between the parties hereto, to provide an orderly and peaceful means of resolving misunderstandings or differences which may arise and to set forth basic and full agreement between the parties concerning . wages, hours and other conditions of employment enumerated herein. There are and shall be no individual arrangements or agreements covering any part or all of this Agreement contrary to the terms provided herein. It is mutually understood and declared to be the public; F)policy of the Public Employer and the FOP to promote harmonious and cooperative relationships between the Public Employer and the FOP and to. protect the public by assuring, at all times, the orderly and uninterrupted operations and functions or government. Whenever a male pronoun is used in this Agreement it shall be construed to include reference to both sexes . 1 ARTICLE 1 RECOGNITION 1 . 1 Pursuant to and in accordance with all applicable provisions of Part II of Chapter 447, Florida Statutes, the Public Employer recognizes the FOP as the exclusive collective bargaining representative for those employees in the unit certified by PERC in the Atlantic Beach Police Department for the purpose of bargaining collectively in the determination of the wages, hours and terms and conditions of employment of. those public employees within the bargaining unit. 1 . 2 It is further understood and agreed that the State FOP Staff Representative of record (who is the certified bargaining agent as per F.S. 447 . 301 (2) will be the official spokesman. In matters other than collective bargaining (i. e. , the resolution of grievances, etc. ) or in ' the absence of. the State Representative, the Chairman of the Atlantic Beach FOP Labor Unit (also known as local steward) or the alternate of the Atlantic Beach FOP Labor Unit, will be the official spokesman for the FOP in any matter between the FOP and the Public Employer, only, however, on the matters which the FOP has authority regarding its membership. The Chairman of the Atlantic Beach Labor Unit shall designate in writing the name of the alternate. 1. 3 ' The FOP agrees to provide the City with the names of the officers for the FOP and will specify the name of the alternate spokesman. The FOP will also notify the City of any changes in FOP negotiations team as soon as possible. 2 ARTICLE 2 PAYROLL DEDUCTIONS AND DUES 2 . 1 Upon receipt of a written authorization from the employee covered by this Agreement, the Public Employer will deduct from the employee' s pay the amount owed to the Union 'by such employee for dues. It is understood that this provision will provide for deductions equal to the number of pay periods per year. The Public Employer will submit to the designated Atlantic Beach FOP representative the deducted sums within fifteen (15) calendar days of the normal payday. Changes in the FOP membership dues and rates will be certified to the Public Employer in writing over the signature of the President of the FOP Bargaining Unit and shall be done at least thirty (30) calendar days in advance of the effective date of such change. The Public employer' s remittance will be deemed correct if the FOP does not give written notice to the Public Employer within seven (7) calendar days after remittance is received of its belief and reasons stated therefore that the remittance is incorrect . 2 .2 The FOP will indemnify, defend and hold the Public Employer harmless against any claim made, and against any suit instituted, against the Public Employer as the result of any check-off of FOP dues . 2 . 3 An employee may revoke his authorization for deduction of dues provided the employee gives thirty (30) calendar days written notice to the - Public Employer and the FOP. Upon receipt of such notification, the Public Employer shall terminate dues on the pay date immediately following the expiration of the thirty (30) calendar days notice period. 2 . 4 No deductions+shall be made from the pay of an employee for any payroll period in which the employee ' s net earnings for that payroll period are less than the amount of dues to be checked off. Net earnings shall mean net after required deductions . 2 . 5 If there is •an amount deducted in excess of what is authorized by this Agreement, the employee affected shall seek recourse with the FOP and not the City, provided that the excess amount deducted was in fact remitted to the FOP in the form of union dues . 3 ARTICLE 3 NO STRIKE PROVISION 3 . 1 The FOP and bargaining unit members shall have no right to instigate, promote, sponsor, engage in, or condone any work stoppage, boycott, slow-down, strike, intentional disruption of City operations, or to withhold services for any reason. Management shall have the right to discharge or otherwise discipline any or all employees who violate the provisions of this paragraph. The only question that may be raised in any proceeding, grievance, judicial or otherwise, contesting such action is whether this provision was violated by the employee to be discharged or otherwise disciplined. 4 4 ARTICLE 4 EMPLOYMENT GUIDELINES 4 . 1 a. The FOP, its representatives, members or any persons acting on their behalf agree that the following "unlawful acts" as defined in Chapter 447, Florida 'Statutes are prohibited; 1) Solicitation of public employees during working hours of any employee who is involved in the solicitation; or 2) Distributing literature during working hours in areas where the Work of the public employees is performed. b. The circuit courts of the state shall have jurisdiction to enforce the provisions of this section by injunction and contempt proceedings if necessary. A public employee who is convicted of a violation of any provision of this section may be discharged or otherwise disciplined by the Public Employer notwithstanding further provisions of this or any other agreement . 4 . 2 The Public Employer and FOP agree that the basic intent of this Agreement is to provide a fair day' s work in return for a fair day' s pay and to provide conditions of employment . suitable to maintain a competent work force. The Public Employer and FOP affirm the joint opposition to any discriminatory practices in connection with employment, promotion, training or assignment; remembering that the public interest requires full utilization of employees ' skills and ability without regard to race, color, age, creed, , religion, national origin, union affiliation or non-union affiliation, handicap, sex, or marital status . 5 ARTICLE 5 MANAGEMENT RIGHTS 5 . 1 Except as expressly provided for in this Agreement, the Public Employer retains the sole and exclusive right to manage its operations and direct the work of the bargaining unit employee, including the rights to decide the number and location of work stations, the operation of motorized equipment, the scope of service to be performed, the methods of service, the schedule of work time; to contract and subcontract existing and future work; to determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement; to maintain order and efficiency in its work stations and locations; to curtail or discontinue temporarily or permanently, in whole or in part, operation whenever in the opinion of the Public Employer good business judgment makes such curtailment or discontinuance advisable; to hire, lay- off, assign, transfer, promote, demote, and determine the qualifications of employees; to create new job classifications and to create and amend job descriptions; to determine the starting and quitting time and the number of hours to be worked; to require an employee to take a physical or mental examination, given by a health service, or a physician or psychiatrist selected by the Public Employer; to assign overtime work; to discipline, suspend, and/or discharge employees for just cause; and to have complete authority to exercise those rights and powers incidental thereto, including the right to make unilateral change, subject only to such regulations governing the exercise of these rights as are expressly and specifically provided in this Agreement. 5 .2 The above rights of the Public Employer are not all inclusive but indicate the type of matters or rights which belong to and are inherent to the Public Employer in its capacity as manager of the Police Department of the City. Any of the rights, powers, and authority the Employer had prior to entering into this collective bargaining agreement are retained by the Employer, except as expressly and specifically abridged, delegated, granted or modified by this Agreement . 5 . 3 Any and all aspects of wages, hours, and working condition, which are not specifically covered by this Agreement, may be initiated, instituted, continued or discontinued without notification of or consultation with the FOP. The Public Employer is not required to continue those voluntary aspects 6 of wages, hours, and working conditions not included in this Agreement, but which were in effect prior to entering into this Agreement or instituted thereafter, nor shall the employees have any binding right to such matters . 5 . 4 It is agreed that every : incidental duty connected with operations enumerated in job descriptions is not always comprehensive and employees, at the discretion of the City, may be required to perform duties not within their specific job descriptions as long as they are related to Police Department operations and have the approval of the Chief of Police or his designee. 5 . 5 Whenever it is determined that civil emergency conditions exist, including riots, civil disorder, hurricane conditions, or similar catastrophes, the provisions of this Agreement may be suspended by the Mayor, City Manager and/or Chief of Police during the time of the declared' emergency provided that wage rates and monetary fringe benefits shall not be suspended. 5 . 6 The Public Employer ' s failure to exercise any function or right hereby reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver of this right to exercise such function or right, nor preclude the Public Employer from exercising the same in some other way, provided such do not conflict with the express provisions of this Agreement. 7 ARTICLE 6 SPECIAL MEETINGS AND FOP TIME POOL Special Meetings: 6. 1 The Public employer and the duly appointed representative (s) of the FOP agree to meet and confer on matters of interest upon the written request of either party. 6. 2 The written request shall state the nature of the matters to be discussed and the reason (s) for requesting the meetings . Discussions shall be limited to the matters set forth in the request or other subjects mutually agreed to, but it is understood that these special meetings shall not be used to renegotiate this or any other Agreement or for the resolution of grievances . 6. 3 Such special meetings shall be held within ten (10) calendar days of the receipt of a written request if said meeting is jointly agreed to by both parties in writing. The meeting shall take place at a time and place mutually agreeable to by the parties . The FOP shall have the right at these special meetings, to make recommendations to the Public Employer to improve department operations and resolve problems identified by the FOP. FOP Time Pool: 6. 4 All members of the bargaining unit may contribute one (1) or more hours per year from personal leave hours to the FOP time pool provided that the maximum number of hours which may be . accumulated in the pool under this Article is 216 hours . 6. 5 This leave will be computed and placed in a bank on the 1st. of October and the 1st of April each year. 6. 6 The Chief of Police or his designee shall have the discretion to grant or deny use of pool time if in his opinion the use of such time shall decrease or limit the conducting of the department' s business . The use of FOP Time Pool time is subject to written approval by the FOP President or his designee and the Chief of Police or his designee. The request of and the use of the FOP Time Pool shall be made by the FOP President or his/her designee . The use of the FOP Time pool shall be made in the same manner as requesting Personal Leave as outlined in Article 13 . 8 6 . 7 FOP Time Pool hours not expended during the previous year will be compounded onto the new bank of hours beginning October 1st of each year, provided the maximum accumulation of 216 hours is not exceeded. 6. 8 When negotiations are scheduled while the FOP President or his/her designee are working, the FOP President or his/her designee may be granted time to attend using Pool Time. Written request for Pool Time will be made as soon as possible but no later than 72 hours after the scheduling of the negotiation meeting.Attendance at FOP contract negotiations using Pool Time is with the permission of the Chief of Police or his designee. a• 9 ARTICLE 7 PROBATIONARY EMPLOYEES and SENIORITY 7 . 1 All employees shall be classified as probationary employees for the first twelve (12) months of continuous uninterrupted employment, during which time such employees may be laid off, disciplined or discharged with or without cause and without recourse to the grievance procedure but will be afforded all the protection as listed under F. S . S. 11.2 . The City Manager and/or the Chief of Police has the discretion to extend the probationary period with cause. Provisions as to seniority shall not apply to probationary employees, rather, seniority shall date back to the time of hire after an employee has successfully completed his probationary period. If more than one employee is hired on the same day, seniority shall be determined by the day (1-31) of birth, with the employee with the lowest numerical day of birth having' the most seniority. The employee with the longest date of position is most senior. 7 . 2 Seniority: Seniority as used herein, is defined as unbroken, continuous service with the Atlantic Beach Police Department as a full- time, sworn law enforcement officer. Authorized paid approved ' leave shall not reduce the officer' s seniority and seniority shall compute from the date hired as a full-time, sworn law enforcement officer in accordance with applicable State and Federal Laws . Any unpaid leave shall be in accordance with applicable state and federal laws, i. e. Military Leave or FMLA. 7 . 3 Classification Seniority: Shall begin with the most recent service in the employee' s classification, (e.g. Officer, Detective or Sergeant) . Employees shall not attain seniority until the completion of the probationary period in their classification (probation is defined in Article 7 . 1 of this Agreement) . Seniority shall relate to the most recent date of promotion in that classification. Employees that are returned to a lower grade position shall retain their seniority as if they had been serving continuously within the lower grade position. 10 7 . 4 Seniority shall benefit each classification as follows : a. Layoffs .Shall the need to layoff members of the Bargaining Unit exist, the City should use the documented performance records of the individual (s) , seniority and the overall record before the layoff begins . b. Position Elimination. If a sergeant' s or detective' s position is eliminated or abolished, the sergeant or detective will return to the position previously held, if a vacancy exists, without losing ' seniority in the classification to which he/she is returned. If there is no vacancy within the previously held position, the sergeant or detective shall be returned to the next lower position and be given priority consideration whenever a vacancy within the higher position previously held occurs. 7 . 5 Seniority shall be lost for the following reasons : a. Voluntary resignation b. Retirement c. Termination d. Failing to return to work from authorized leave of absence 11 ARTICLE 8 RULES AND REGULATIONS 8 . 1 Any general order issued after the effective date of this Agreement shall remain in full force and effect, if not in conflict with any Article or Section in this Agreement. All other general orders shall remain in full force and effect and the Employer retains the right to issue other general orders in its sole discretion as long as they comply with State and Federal Laws . 8 .2 The City shall have the right to establish, maintain and enforce, or rescind, amend or change, reasonable rules and regulations and standard operational procedures as long as they comply with State and Federal Laws, 8 .3 Any employee violating a rule or regulations or standard operational procedure may be subject to disciplinary action, including dismissal . 12 ARTICLE 9 DISCHARGE AND DISCIPLINE 9 . 1 The Employer has the right to discharge, suspend or otherwise discipline employees for just cause . The Employer shall consider, among other things, the seriousness and frequency of offenses when determining the appropriate discipline, which may include a warning, suspension or immediate discharge. Employees are not entitled to a particular number of warnings prior to the imposition of discipline, including discharge. 9 .2 The following acts shall be grounds for discipline up to and including discharge . a. Falsifying statements or records; b. Stealing; c. Drinking or possessing alcoholic beverages while on duty, unless authorized by the Chief of Police; d. Possessing, using or selling a controlled substance, including but not limited to, narcotics, marijuana, or barbiturates, other than that prescribed by a physician of the employee unless authorized by the Chief of Police; e. Being under the influence of a controlled substance other than that prescribed by a physician for the employee, or being under the influence of an alcoholic beverage which would also be a violation of Article 9 .2j ; f. Recklessness or negligence while on duty; g. Violation of the no strike provision of this Agreement; h. Violation of a published work rule or regulation or standard operational procedure; i . Failure to immediately report vehicle accidents involving damage to any City property; j . Conduct that could bring discredit to the Employer; k. Having committed and/or convicted for felony, driving while under the influence of alcohol, or narcotic substances, crime involving moral turpitude, or a misdemeanor involving perjury or a false statement, or a 13 misdemeanor evidencing bad moral character; 1 . Leaving the working area during working hours without authorization; m. Sleeping while on duty; n. Fighting, wrestling, horseplay, or any other act which might interfere with the safe or efficient operation of the Employer; o. Unauthorized absence; p. Unauthorized tardiness; q. Repeated failure to achieve a satisfactory evaluation of work performance; r. Refusal to cooperate during an investigation; s . Insubordination; t. Conduct unbecoming a city employee; or u. Refusal to obey the lawful commands of a superior officer, City Manager, or their designee. The foregoing enumeration of grounds for discipline are by way of illustration and shall not be deemed to exclude management' s right to discipline, or discharge, employees for any other cause. 9 .3 Failure to discipline an employee for violation of these rules, regulations, and/or standard operational procedures shall not affect the right of the City to discipline the same or other employees for the same or other violations of the same rules, regulations, and/or standard operational procedures . 9 .4 The City may use progressive discipline keeping in mind the officer' s previous records and the ability to use training as a means to correct the situation. Except for serious violations, supervisors and department heads are encouraged to utilize progressive discipline. Progressive discipline is an approach in which a sequence of penalties is administered, each one slightly more severe than the previous one. The goal is to build a discipline program that progresses from less severe to more severe in terms of punishment for similar or like offenses . Steps within a progressive discipline system 14 that should be considered are: a. Oral Counseling or Oral Warning. Does employee understand rules, policies, etc. , and what is expected of them? Such action does not need to be documented in writing; however, the supervisor should maintain a record date/time/subject) of counseling. b. Written Warning. Places employee on notice that further acts will result in more severe disciplinary action. Such action should be documented in writing by use of an official Employee Counseling Form and may, or may- not, be placed in employee' s official personnel records . c. Official Reprimand. Written action that is placed within employee' s official personnel records. Such action should be documented, in writing, by use Of official Employee Counseling Form. d. Suspension. Normally, the final step in the disciplinary process prior to termination. Such action must be fully documented and should be coordinated with the Human Resource Manager prior to implementation. e . Demotion.Depending on circumstances, it may be appropriate over removal . Such action must be fully documented and should be coordinated with the Human Resource Manager prior to implementation. f . Removal (same as termination) . The most severe disciplinary action. Such action must be fully documented and should be coordinated with the Human Resource Manager prior to implementation. 9 .5 Florida State Statute 112 .532, (the Law Enforcement Officers' Bill of Rights. as amended from time to time) shall apply whenever a law enforcement officer is under investigation and subject to interrogation by members of his/her agency for any reason which could lead to disciplinary action, demotion or dismissal. Florida State Statute 112 . 533 shall be_ complied with for the receipt and processing of complaints received. 9 . 6 Employees shall be notified at the earliest practicable time following the request by a private citizen to review the personnel file of the employee . 9 . 7 Files maintained by the Internal Investigation Division will be purged by applicable State and Federal Laws . 15 9 . 8 The City will comply with Section 119 . 07 of the Florida Statutes and will not release information of members of the Bargaining Unit unless allowed by law. It shall be the right of any officer, at any reasonable time to inspect and request a copy of his/her personnel records and completed internal affairs files . 16 ARTICLE 10 GRIEVANCE PROCEDURE 10 . 1 In a mutual effort to provide harmonious working relations between the parties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances between the parties arising from an alleged violation of specific terms of_ the Agreement as provided in this Article . 10 .2 For the purpose of this Agreement, a grievance is defined as a disagreement between the Public Employer, FOP and one or more of its employees concerning the interpretation, application, or compliance with this Agreement, including disagreements regarding discipline . 10 .3 Grievances may be taken up during the working time of the grievant upon the mutual agreement between the Public Employer and the FOP. Affected personnel of the Department will follow the steps as numerically outlined where they are organizationally feasible. In issues dealing with discipline, the City and FOP agree that due to the organizational structure of the Police Department, subordinate supervisors are not authorized to circumvent decisions of a higher ranking supervisor or the Chief of Police. Therefore, a grievant may file the first step of the grievance with the supervisor who is suspected of breaching . this Agreement . If the grievant is grieving a discipline issue, the grievance shall be filed with the supervisor who directed the discipline. 10 .4 All grievances proceeding to Step II must be reduced to writing and roust contain the following information: a. The specific Article and Section of this Agreement alleged to have been violated by the Public Employer; b. A full statement of the grievance, giving a description of the facts and dates and times of the events involved in the alleged violation, and the specific remedy desired by the grievant; c. Signature of grievant and date signed; and, d. Signature of the local FOP President or State FOP Representative of record of the grievant, if applicable . Failure of the grievant to comply with this section shall 17 make the grievance null and void. 10 . 5 All grievances shall be processed in accordance with the following procedure: Step 1 - The grievant shall orally, or in writing, present his grievance to his immediate supervisor within ten (10) working days of receipt of an official written notice or of the occurrence of the action giving rise to the grievance, provided that should the action giving rise to the grievance occur while the employee is on authorized paid leave of absence or is on his scheduled day(s) off the grievant shall have ten (10) working days from returning to duty to orally, or in writing present his grievance . Discussions will be informal for the purpose of settling differences in the simplest and most effective manner. The immediate supervisor will discuss and make an effort to resolve all legitimate grievances with fairness and justice for both the grievant and the Public Employer. The immediate supervisor shall orally communicate a decision to the grievant within ten (10) working days from the date the grievance was presented to him. Step 2 - If the grievance is not settled at the first step, the grievant and/or his representative shall within ten (10) working days of the response under step 1 present the grievance in written form (in compliance with Article 10 .4) to the Chief of Police with a copy to the City Manager. The Chief of Police or his designee, shall investigate the alleged grievance and shall within ten 10) working days of receipt of the written grievance conduct a meeting with the grievant, his representative as appropriate) , and the FOP President if the grievant requests 'FOP representation. The Chief of Police or his designee shall notify the grievant of his decision no later than ten (10) working days following the meeting. Step 3 - If the grievance is not settled at the second step, the grievant and/or his representative shall within ten (10)' working days from the date of the Chief of Police ' s decision present the written grievance to the City Manager or his designee . The City Manager, or his designee, shall investigate the alleged grievance and may within ten (10) working days of receipt of the written grievance conduct a meeting with Public Employer representatives, the grievant and the FOP President if the grievant requests FOP representation. The City Manager or his designee shall notify the grievant in 18 writing of his decision not later than ten (10) working days after the date the grievance was received by the City Manager, or from the date of the meeting, if conducted. Step 4 - If a grievance, as defined in this Article, has not been satisfactorily resolved within the Grievance Procedure, the State FOP Staff Representative of record may request arbitration in writing to the Office of the City Manager no later than ten (l0)y working days after the response is received in Step 3 of thegrievance procedure. 10 . 6 It is the mutual desire of the Employer and the FOP that grievances shall be adjusted as quickly as possible and to that end the time limits set forth in this Article are to be strictly enforced. The time limits mayi, only be extended by mutual written agreement. The term "work days" as used in this Article include Monday through Friday of each workweek that the grievant and supervisor (involved in each step) are scheduled to work. For the purpose of calculating time limits, the day on which a grievance, or a reply by management to a grievance, is received, shall not be counted. Failure of management to observe the time limits for any step in the Grievance Procedure without a mutually agreed written extension of time shall entitle the grievant (or the FOP in the case of Step 4) to proceed to the next Step of the Grievance Procedure as outlined in this Article. Failure of the FOP to observe the time limits for any step in the Grievance Procedure without a mutually agreed written extension of time shall terminate the grievance. 19 ARTICLE 11 ARBITRATION PROCEDURE 11. 1 Whenever the FOP requests arbitration in accordance with the provisions of Article 10, the parties shall within ten (10) working days following appeal to arbitration jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators, each of whom shall be a member of the National Academy or Arbitrators . Arbitrators shall be selected from such panel by alternately striking names from this list (the FOP shall make the first strike) until only one name remains on the list . 11. 2 The limitations of the powers of the Arbitrator are as follows : a. The Arbitrator shall not have the power to add to, subtract from, or alter the terms of this Agreement; b. The Arbitrator shall have no power to establish wage scales, rates for new jobs, or to change any wage; c. The Arbitrator shall have only the power to rule on matters arising under this Agreement and is confined exclusively to the question(s) which is presented to him which question(s) must be actual and existing; d. If the subject of the grievance submitted to arbitration concerns disciplinary measures (including discharge) taken against one or more employees, the Arbitrator is only empowered to pass upon whether the employee or employees concerned actually committed, participated in, or were«responsible for the act of misconduct. The Arbitratbr has no authority to pass upon the nature, extent, or severity of the disciplinary measure (s) taken, such determination being solely a managerial prerogative. If the Arbitrator finds that the employee has not committed, participated in, or was not responsible for, the act of_ misconduct for which he has discipline, the Arbitrator has the power to make the employee or employees whole, including ordering back pay less compensation received from any other sources) for time lost, and reinstatement when applicable . 11 .3 There shall be no appeal from the Arbitrator' s decision; it shall be final and binding on the FOP and on all bargaining unit employees and on the Public Employer, provided the Arbitrator' s decision is not outside or beyond the scope of 20 the Arbitrator' s jurisdiction, or is not in violation of . public policy. The authority and responsibility of the Public Employer, as provided by Florida Law, shall not be usurped in any matter. 11. 4 The Arbitrator will charge the cost of his services to the losing party of each grievance. Each side will pay its own representative and witnesses . The cost of a court reporter and the transcription fee shall be paid by the party requesting the court reporter and/or a transcription of the proceedings . 21 ARTICLE 12 HOLIDAYS 12 . 1 The following are recognized as holidays under the terms of this agreement : New Years Day January 1" Martin Luther King' s Birthday 3rd Monday in January President ' s Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1" Monday in September Thanksgiving Day 4ch Thursday in November Friday after Thanksgiving Christmas Eve December 24th Christmas Day December 25th Employee ' s. Birthday Any day that the City Commission may designate NOTES : For union members that work shifts, Holidays shall be observed on the actual date that they occur. For union members that work a Monday through Friday workweek: Whenever Christmas falls on a Saturday, Christmas shall be observed on the preceding Friday with Christmas Eve observed on the preceding Thursday. Whenever Christmas falls on a Sunday, Christmas shall be observed on a Monday with Christmas Eve observed on the preceding Fri,day. Whenever Christmas falls a Monday, Christmas shall be observed on Monday with Christmas Eve observed on the preceding Friday. 12 .2 Employees who do not work on the observed holiday shall receive at the discretion of the Public Employee either eight 8) or ten (10) hours pay (corresponding to the employee' s shift) at the employee ' s regular. straight time hourly rate of pay or eight (8) or ten (10) hours of compensatory time corresponding to the employee' s shift) , at the straight time rate. 12 .3 Employees who work on the holiday shall receive, in addition to their regular straight time hourly rate of pay, 1/2 of the 22 employee ' s regular hourly rate of pay, hour-for-hour for each hour worked during the declared holiday. In addition, such employees shall be credited with eight (8) or ten (10) hours of compensatory time (corresponding to the employee 's shift) . 12 .4 In order to be eligible for holiday pay the employee must have worked the last scheduled working day immediately prior to the holiday and the first regularly scheduled working day immediately after the observed holiday unless the employee is on paid vacation, military leave, sick leave substantiated by a doctor' s certificate, or other absences excused by the Chief of Police 12 . 5 Employees who have been assigned holiday work and fail to report for and perform such work without reasonable cause shall not receive pay for the holiday or compensatory time. 12 . 6 Employees who are on an unpaid leave of absence or layoff on the day on which such holiday is. observed shall not receive pay for the holiday or compensatory time. 12 . 7 For purposes of this Article, all holidays shall commence at 12 : 01 a.m. on the holiday (as set forth in Section 12.1) and continue for twenty-four (24) uninterrupted hours . 12 . 8 The accrual and pay-out of compensatory time under this Section shall be governed by the provisions of Article 17 . 23 ARTICLE 13 PERSONAL LEAVE HOURS 13 . 1 The "Personal Leave Hours" concept is an advancement from the traditional vacation and sick leave system. a. When a Personal Leave Hour is used for illness or other emergencies, employees are required to notify the on-duty supervisor, or if he/she is unavailable the Communication Center of the nature of the illness o'r emergency at least one hour prior to the start of the employees shift. When an employee is planning to use Personal Leave or Compensatory Time off, he must submit his request for the leave in writing to the Police Chief, or his designee, at least fourteen (14) calendar days, prior to the first day of the intended absence. The Chief of Police, or his designee, shall respond to the request within four days, not including Saturday, Sunday, or holidays, of receipt of the request. Approval of the leave may be denied if in the discretion of the Chief, or his designee, such leave would pose an undue disruption of the department . The employee' s supervisor may approve any leave without 14 days prior notice so long as the employee is not absent for more than forty (40) hours . The granting or denial of this request shall be the discretion of the shift supervisor of the work shift that is affected. Employees may accumulate Personal Leave hours up to the maximum leave limit as established per Article 13 . 1e. Thereafter, employees must utilize the Personal Leave or they will',sautomatically receive payment for such leave in accordancewith section 13 . 1d of this Agreement. b. Minimum units charged against Personal Leave under sections 13 . 1a shall be in one (1) hour increments . c. For Personal Leave Hours used for illness, the City always retains the right to require medical documentation of the illness. d. For hours permissibly accumulated under this Article, the employee shall be automatically paid for all personal leave hours that exceed the personal leave limit as established by the employee. For the purpose of paying the employee for accrued leave time, the Employer will automatically pay the employee two times during the year 24 as follows: on the first payday in June, and on the first payday in December. Payment for Personal Leave will be based upon the employee' s personal leave account balance on the pay period that immediately • precedes the designated payment date . e. Each employee is required to select a personal leave limit of 120 , 240, 480 , or 960 hours that will best fit the employee' s needs . Once established, such limit may not be changed. Thereafter, employees must utilize their. Personal Leave hours or the employee shall, in accordance ' with Article 13 .1 (d) , be automatically paid for all hours accumulated that exceed the maximum leave limit as selected by the employee. Employees who do not select a personal leave limit will be assigned a 960 hour limit. f. No Personal Leave Hours may accumulate to an employee on leave without pay, or one who has been suspended without pay for disciplinary purposes, or one who has accumulated the maximum of 960 hours . g. An eligible employee who resigns with at least two weeks notice, is laid off, or whose employment has not -been involuntarily terminated shall be paid for any unused accruals . However, in no event shall the employee be paid for any unused Personal Leave exceeding 960 hours . 13 . 2 In the event of the employee' s death, the balance of the employee' s Personal Leave Fund shall be paid to the beneficiary of the deceased employee. 13 .3 Personal Leave time shall accumulate during each pay period and shall be credited to the employee at the end of each pay period. Maximum number of hours accumulated each bi-weekly pay period (provided Tenure maximum cap has not been reached) Beg. 1st through 3rd year 4 . 93 hours Beg. 4th through 7`h year 6 . 47 hours Beg. 8th through 11th year 8 . 00 hours Beg. 12th through 15th year 9 . 54 hours Beg. 16th and over 10 . 16 hours 25 ARTICLE 14 LEAVES OF ABSENCE WITHOUT PAY 14 . 1 The City shall conform to the Family Medical Leave Act (FMLA) with FMLA eligible employees entitled to twelve (12) work weeks of leave (paid personal leave and/or unpaid Leave) per twelve (12) month period for reasons as specified in the FMLA. 14 .2 Leaves of absence without pay may also be granted for other reasons deemed acceptable to management other than those covered in 14 . 1. 14 .3 All leaves, with or without pay, should be requested by the employee in writing and should be approved in writing before becoming effective. a• 14 .4 Requests for Military Leave shall be submitted in accordance with Article 15 . 14 .5 Leave Without Pay (LWOP) shall become effective only after the employee has utilized all available paid leave and compensatory time to which they may be entitled. 14 . 6 An employee' s starting date will be adjusted for leaves of absence without pay, unless restricted by State or Federal law. 26 ARTICLE 15 MILITARY LEAVE 15 . 1 The City will grant employees leaves of absence for military duties as dictated by the requirements of state and federal laws . 15 .2 Employees requesting military leave are responsible for notifying the Chief of Police as soon as possible of the dates for such training period(s) . 15 .3 An official set of military orders should be submitted as soon as possible, but in no case shall an employee be paid for Military Leave until an official set of orders or appropriate documentation have been received. 27 ARTICLE 16 BEREAVEMENT LEAVE 16. 1 Employees covered by this agreement may be granted, upon approval of the Chief of Police, time off with pay not to exceed three calendar days, in the event of a 'death in the employee's immediate family for the purpose of attending the funeral of the deceased relative. An employee may be granted up to four (4) hours off with pay if the employee is required to act as a pallbearer for a deceased member of the Atlantic Beach Police Department . 16 .2 The employee ' s immediate family shall be defined as the employee ' s spouse, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law, ,grandparents, step- parents, step-child, step-brother, step4ister and any other . member of kinship who may be residing under the same roof with an employee during the time of death. 16.3 Funeral leave or bereavement leave shall be paid leave and not charged to personal leave days . 16 .4 The employee may be required to provide the Chief of Police with verification of death before compensation is approved. 28 ARTICLE 17 HOURS OF WORK AND OVERTIME 17 . 1 The bargaining unit employee ' s basic work period .shall be based on the Fair Labor Standards Act (FLSA) with a work period of twenty-eight (28) days . The basic workweek for an employee covered by this Agreement will consist of an average of 40 hours per week and 160 hours per 28-day work period. When the City deems it necessary, the basic work week may be changed, provided the employees are given at least seven (7) calendar days notice prior to the change. 17 .2 Whenever the Chief of Police or the City Manager permits an employee (at the employee ' s request) to attend a training seminar or training program which is not specifically assigned, the employee shall have no right to receive any compensation or compensatory time far the hours spent traveling to or from or attending the 'zeminar or program. However, the Chief of Police or City manager may at their discretion compensate the employee for attending the seminar or program and/or reimburse the employee for travel or lodging expenses . Such decision is not subject to the grievance or arbitration procedures of this agreement. 17.3 Except as provided in Section 17 . 4 , all hours worked in excess of an employee ' s basic work shift shall be considered overtime and shall be compensated at the rate of one and one- half (1M) times the employee ' s regular hourly rate of pay. 17 .4 An employee will have the option of receiving compensatory time off or overtime pay provided 85% or more or the overtime budget has not been expended at the time the overtime work is performed. However, the maximum amount of compensatory time, which may be accrued under this agreement (including Article 12 and Article;' 17) , is one-hundred (100) hours of compensatory time . Under this Article, compensatory time shall be accrued at the same rate as overtime pay, i.e . one and one-half (134) times . Once an employee accrues one-hundred (100) hours of compensatory time, no further accrual of compensatory time will be allowed. Thereafter, hours worked in excess of an employee ' s regular scheduled work shift shall be considered overtime and be compensated at the rate of one and one-half 1M) times the employee ' s regular hourly rate of pay. If an employee accrues an excess of one-hundred (100) hours of compensatory time because of time given for holidays or other circumstances, the employee will decrease the excess compensatory time within thirty days of the excess accrual on a voluntary basis, or time off will be assigned by the Chief of Police or his designee to decrease the compensatory time in 29 excess of one-hundred (100) hours . 17 . 5 For the purpose of taking compensatory time off, the employee shall, in accordance with procedures for Personal Leave, Article 13 , request to be allowed to utilize his accrued hours . All accrued compensatory time off in excess of ten 10) hours must be taken during the fiscal year (October 1 - September 30) in which it is earned. If not, 'the employee shall receive a cash payment for the excess unused compensatory time on or before November 15 of the following fiscal year at the regular hourly rate earned by the employee . at the time the employee receives such payment. 17 . 6 Hours worked in excess of the employee ' s scheduled work shift due to emergency situations such as hurricanes, tornadoes, civil disorders and other like matters, will be compensated for at the rate of one and one-half (134) times the employee' s regular hourly rate of pay. YI 17 . 7 When an employee is required to appear as a witness at a deposition on a pending criminal, civil, or traffic case or as a witness in a pending departmental disciplinary action, where the employee is or was involved in his official police capacity, and such appearance occurs when the employee is scheduled to be off duty, he shall be compensated at the overtime rate of pay for the reasonable time spent traveling to and from the location of the deposition and for the time spent in performing his duties as a witness, with a minimum of three (3) hours . Provided, however, the employee must submit to the Police Chief a copy of any notice of deposition and must remit to the City any witness fee or fees received in connection with the appearance. 17 . 8 In changing work schedules, management will take into consideration the interests of the employees affected and the needs of the department. The City will give as much advance notice as possible. Where possible there should be a minimum of twelve hours between the completion of the employee ' s prior work shift and the beginning of the next work shift . This section does not apply in overtime circumstances . 17. 9 If a training day is canceled, the effected employee shall have the option of using compensatory time or personal leave to cover the canceled day unless scheduled to work by the City. If the employee has fifty (50) hours of compensatory time or less accrued, the employee may work on that training day on the shift he is scheduled to work for that twenty- eight (28) day work cycle, and shall notify the effected shift supervisor of that intention and for assignment . 30 ARTICLE 18 INJURY IN THE LINE OF DUTY 18 . 1 Any employee covered by this Agreement who sustains a temporary disability as a result of accidental injury in the course of and arising out of employment by the Public Employer, shall, in addition to the benefits payable under the Workers ' Compensation Law of the State of Florida, be entitled to the following benefits : a. When an employee is absent due to compensable injury, the City will pay one-hundred percent (1000) of an employee 's average daily earnings for each regularly scheduled work day missed beginning with the first calendar day of the authorized disability, and continuing through the seventh calendar day of the authorized disability. However, in no case shall these payments and `)those paid through Workers ' Compensation exceed the employee' s normal net salary. Any amount paid by the city to the employee which is subsequently paid by Workers ' Compensation shall be reimbursed by the employee to the city. b. An employee sustaining a lost time injury under this Article may use accumulated Personal Leave days to cover the time off the job due to an injury until he is compensated by Workers ' Compensation. Personal Leave days can be used to supplement that percentage (33 1/3%) of his pay which is not covered by Workers ' Compensation. The request to allow the employee to do the above must be made to the Chief of Police in writing. 18 . 2 In addition to the benefits afforded under section 18 . 1 (a) , an employee, subsequent to exhausting all Personal Leave days, may beyawarded special benefits by the city if special circumstances are found to exist - in the sole opinion of the City Manager. But such payments shall not, when added to Workers ' Compensation benefits, total more than the normal" regular pay received by the employee immediately prior to such disability, nor may such payments continue longer than one year from the date of injury. Factors which the City Manager may 'consider in each instance are as follows : a. Consideration of degree of responsibility of employee/ employer. b. Obedience to or violation of laws, statutes, or ordinances involved in connection with the causes of such disability. 31 ZE abaigoszp buzpnToUT put o; do 'uozpoP A.x uTTdTosTp uT linsaa TTaus saoTAap A;a;Ps asn o; ao suoTTeTnbaa 1;ages Aago o; aanTTPa ' (%s ) waoaad aiT; Aquamq paonpaa aq TTags sqz;auaq uoT;asuadwoo wawLoTdwaun au; 'AgTD au; Aq. papTAoad aouPTTdda A ; s a asn oq aaAoTduia au; ;o Tpsn;aa buTMou auk Aq pasnao sT uncut aaauM S ' 8T aournaTab of ;oaCgns you pup TeuT; aq . TTags ao;oop p.zzuq au; ;o UOTSTDap agf ao;oop s ,A;To au; pup aogoop s , aaAoTduia au; uaat;aq quawaaabpszp auq bu-ATosaa uI. asuadxa s, aa1oTduia au; ;p aq TTpus uoz;EuTwrxa TaoTpaw stun wauiaaabaszp TaoTpOw au; aATosaa TTeus oum aogoop T2ozpaw paz;TTanb ATnp 'paTuq goaTas TTaus A;To au; uagf 'k3To agq pup aaAoTduia agy ao; (s)aogoop TPDTpaw uaaMgaq quawaaabastp a oq anp Naomi o; uan;aa of sire; aaAoTdwa up fag; ;uana alp uI t• 8T A;np o3 pauangaa ao aApaT eons uo panuzwoo aq pinogs aaAoTdwa agq aaugauM aUT a agap o; A;zo auq Aq pa'40aTa$ aogoop TPoTpaw a Aq sJ p aepuaTao (OZ) Aquamq AaaAa pauTwIxa aq oq aaAoTdwa au; aaznbaa iaw A To agy E' 8T quawaaab2 au; ;o suoTSTAoad uoTTaa;Tgaa ao aouIAaTab au; o; goaCgns' ;ou sT s;Tgauaq TpToads Auap ao quaab oq uoTsToap agy AgTTTgestp aqq ;o asneo auk buTAToAuT saosTnaadns Aq aaicoTdwa au; o; SuoT;ona;suT ao aTna 3{aoM pausiTgnd 'saanpaooad saToTTod pup suoTTeTn5aa saTna quaw;aedaa Aum go uoTJaToTA ao oq aouazpago •o ARTICLE 19 TUITION AID 19 .1 Any full time employee who has completed the initial probationary period, will be eligible to take courses which are approved in advance by the Police Chief as being law enforcement related or for career development . Upon successful completion of the course, the city shall reimburse the employee as follows Reimbursable Items . An employee who successfully completes an approved course where grades are assigned with a grade of C" or better, or obtains a satisfactory completion certificate when grades are not assigned will be reimbursed 10096 of the tuition, lab fees, registration fees, and costs for books . Non-reimbursable items . 1000 of the costs of supplies, transportation, parking, equipment, plus all other fees not listed in this article will be the responsibility of the employee . The employee must present written evidence of completion of the course and the grade achieved to validate payment from the employer. The employee shall supply the Chief of Police with written notice of the course (s) to be taken, information on the course (s) content and the cost of each course, and receive approval prior to registration for the course (s) which the employee is requesting reimbursement. 19 .2 An employee who does not remain with the City for a minimum of two (2) full years after completion of a course for which he has received education assistance shall repay the reimbursement to the city at the following rate of 1/24th of the total received for each month remaining on the 24 month commitment . 19 .3 Should there be no funds available from the City Training Fund the City will not be required to reimburse the employee under Section 19.1. The City will advise the employee before the employee takes a course if the City anticipates that no funds will be available. 19 .4 In the event the employee is eligible for tuition aide from any other source, such as , but not limited to Veteran' s Benefits, the payments due under this article will be reduced by the amount of benefits paid by other sources . 33 19 .5 In addition to salary incentive monies called for in Florida State Statute 943 . 22, an employee shall receive a monthly educational incentive from the City as follows : Monthly Degree Amount Associates or documented evidence'50 . 00 of eligibility for an Associates Degree Bachelors 100 . 00 iy 1 34 ARTICLE 20 INSURANCE 20 . 1 The City agrees to provide employees with a group term life • insurance policy providing for coverage equal to the annual salary of the employees, but not to exceed $50, 000 . The City agrees to pay the premiums for the employees ' -coverage for. such insurance. 20 .2 The City agrees to provide group health insurance coverage through an HMO, PPO, and/or other insurance means for all eligible employees covered under this Agreement and agrees to pay the premium for the "employee only" coverage. 35 ARTICLE 21 SAFETY AND HEALTH 21. 1 The Public Employer and the FOP agree that they will conform to all laws relating to safety, health, ' sanitation and working conditions . The Public Employer and the FOP will cooperate in the continuing objective of elimination safety and health hazards where they are shown to exist . 21.2 Safety practices may be improved upon from time to time by the Public Employer and upon recommendations of the Public Employer and the FOP. Protected devices, apparel, and equipment when provided by the Public Employer must be used and any failure to obey safety regulations or to use safety devices shall be just cause for disciplinary action. M1 36 ARTICLE 22 BULLETIN BOARDS 22 . 1 The FOP may be permitted to provide for its own use one bulletin board not to exceed 4 ' X 3 ' in dimension, provided the bulletin board shall be located only in the squad room. 22 .2 The FOP agrees it shall use the space on the bulletin board provided for herein only for the following purpose: notices of FOP meetings, notices of internal elections for FOP offices, reports of FOP committees, policies of the FOP, recreation and social affairs of the FOP, and notices by public bodies . In no event shall the bulletin board be used to post political material or controversial material. The President and the Secretary of the FOP are the only authorized representatives to post material on the. bulletin board. Said representatives shall iiitial and date all material, which is posted. 22 .3 The Chief of Police or his designee shall decide whether or not Section 22 .2 has been violated. Should it be determined that a violation has occurred the FOP shall immediately remove the posted material . 22 .4 The Police Department may post training, promotional, or transfer information on these boards . Such material shall be removed from the boards within five (5) days of expiration. 37 ARTICLE 23 UNIFORMS 23 . 1 The City will furnish to all sworn bargaining unit employees who are required to wear such uniform in the performance of their duties an initial issue of the following upon employment: 1. Five (5) shirts 12 . Four (4) keepers 2 . Five (5) pants 13 . One (1) hand-cuff case 4 . One (1) raincoat 14 . One (1) pair of handcuffs 4 . One (1) light weight jacket 15 . One (1) handgun 5 . One heavy weight 16 . One (1) holster jacket upon request 17 . Two (2) magazines 6. One (1) pair of shoes 18 . Two (2) magazine 7 . One (1) set of collar pouches brass 19 . One (1) radio holder 8 . One (1) badge 20 . One (l) soft body 9 . One (1) name plate armor (to be threat level II or above) 10 . One (1) gun belt and upon request buckle 11. One approved intermediate weapon and holder of intermediate impact weapon and holder of officer choice 23 . 2 The City will replace or repair the above items as they become torn, worn or unserviceable due to the performance of the employe ' s official duty. Any claim for a repair or replacement under this Section must be accompanied by a written explanation addressed to the Chief of Police by the employee ' s supervisor, setting forth the circumstances necessitating the replacement or repair. The torn, worn, or unserviceable item shall be presented to the Chief or Police or his designee for inspection and determination as to whether the item should be replaced or repaired. It shall be the decision of the Chief of Police or his designee as to 38 whether the item shall be replaced or repaired. 23 .3 Any employee who damages, destroys, or loses any furnished article of uniform due to carelessness or negligence will replace the article (or at the satisfaction of the City repair) the article at his own expense, or such cost of replacement shall be deducted from the employee ' s pay. 23 .4 The employee shall wear the articles of the uniform listed in Section 23 . 1 only for official City business . 23 . 5 Upon termination of employment for any reason, the employee shall return to the City all articles of the uniform issued by the City or be required to pay for such articles prior to receiving his final pay check or' have the cost of the items not turned in deducted from the employee ' s final pay check. 23 . 6 The City agrees to provide for the cleaning of a maximum of forty-eight (48) uniforms sets (shirts and pants) per employee per quarter. 23 . 7 a. The city shall provide for the Detectives covered by this agreement a clothing allowance of six hundred and fifty dollars ($650 . 00) per year to be paid quarterly. b. . The first two quarters clothing allowance shall be paid within fourteen (14) days of the employee' s initial assignment as detective. 23 . 8 Any prescription glasses (not sun glasses) contact lenses, false teeth or partial plates damaged, destroyed or stolen while an officer is acting in the performance of his official duties for the City, shall be replaced or repaired by the City, up to a maximum cost of $300 . 00, provided the damage or loss is not the result of the employee ' s negligence. Such claim for repair or replacement shall be supported by written explanation as to how the damage/loss occurred and be accompanied by documentation of the original cost of said item, and shall be subject to provisions pertaining to the processing of claims as set forth by the Chief of Police. Wrist Watches damage/destroyed shall be repaired or replaced up to a value of $50 . 00 . The same restrictions, requirements and procedures shall be followed as set forth in the above paragraph. If the loss is covered by any insurance policy owned by the victim employee, then the City will be reimbursed for any replacement item in the amount allowed and paid by the insurance company. The victim employee shall assist the city 39 in obtaining restitution from any subject, suspect, or party through all legal processes . Any reimbursement or restitution received by the victim employee shall be immediately paid to the City. 40 ARTICLE 24 MILEAGE ALLOWANCE 24 . 1 Employees directed by the Chief of Police or. his designee to use their private automobiles for City business, shall be compensated at the I.R.S . Mileage Rate. r 41 ARTICLE 25 LEGAL SERVICES 25 . 1 The City agrees to provide at no cost to the employee, the services of an attorney to defend the employee against any civil actions brought against him while acting as an agent of the City, in the line of duty and on the City' s behalf, . unless such action is bought about by an act of the employee due to his own- violation of Department Rules, Policies, Procedures or Instructions, negligence, carelessness or the employee acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard for human . rights, safety, or property. 25 . 2 It is understood and agreed that all employees shall furnish notification in writing of their intent to file suit in any court of law, to the Public Employer, no less than ten (10) working days before the actual filing ' date, provided the lawsuit affects or is related in any manner with the Public employer. 25 . 3 Any employee involved in an accident with a vehicle owned by the Public Employer, and said accident is the result of equipment failure or defect and the defect was such that a reasonable and prudent person would not have noticed or become aware of the defect, shall not be held accountable by the Public Employer or results thereof. Any equipment failure or defect must be reported at the time of the accident and included in the vehicle defects section of the report . Neglect by the employee to notify his supervisor of any defect in the vehicle will make this provision null and void. 42 ARTICLE 26 WAGES 26 . 1 Employees covered by this Agreement on October 1, 2002, shall have their pay adjusted by four percent (4%) of the new midpoint for their pay grade to be effective October 1, 2002 See Attachment "A" ) . The salary ranges for new employees. are included within Attachment A. Minimum Pay: In no case shall an employee' s pay be set below the minimum established for the grade of the employee . Detective Pay. Employees assigned by the Chief of Police as a Detective shall receive pay at a rate of ten percent (10%) above the employee' s regular rate of pay. Maximum pay. An employee' s pay shall not exceed the maximum established for their grade. 26 . 2 Except as provided herein, original appointment to the classification of Police Officer will be made at the entrance rate of pay.The City Manager may approve initial compensation at a higher rate than the minimum rate : Such decision shall not be subject to the grievance or arbitration provisions of this Agreement . However, a new employee may only be hired at a rate above the entrance rate of pay established for the position if: a. The needs of the City make such hire action necessary and all other employees within the same classification have their base salaries adjusted to be at least equal to that of the newly hired employee, or; b. The new , employee has job related training and/or experience that clearly exceeds that of current employees. Prior to City Manager approval of initial pay under this provision, the City will notify the union, in writing, of the proposed action and allow the union three 3) workdays to provide comments . 26 . 3 The City shall assume the responsibility for certain pension contributions for bargaining unit members . Beginning with Fiscal Year 1996/1997 (October 1, 1996) , the bargaining unit members pension contribution rate shall be reduced from 4 . 815% to 2 . 315% of salary. Beginning with Fiscal Year 1997/1998 (October 1, 1997) , the bargaining unit members pension contribution rate shall be reduced from 2 .315% to 1. 000% of salary. 43 26 .4 Any employee covered by this Agreement who is assigned by the Chief of Police to work in the Investigative Division as . a detective shall receive pay at a rate ten (10%) percent above the employee ' s regular hourly rate of pay. Such percentage shall not be added to the base pay but shall be in addition to the base pay and apply to all pay, overtime, compensatory time paid, etc. received by the officer. 26 .5 Any Employee covered by this Agreement who is temporarily required by the Chief of Police or his designee to perform the duties of a Sergeant or Lieutenant shall receive pay at a rate five (5%) percent above the employee ' s regular rate of pay, provided that no other Sergeant or Lieutenant is on duty and that : a. The duties and responsibilities of the higher . classification are assumed in full for a minimum of four 4) uninterrupted hours; and b. The assignment is not for the purpose of on-the-job training. If the two (2) conditions set forth are not fully satisfied, the employee will receive the rate of pay of his regularly assigned classification for each hour worked in the Sergeant or Lieutenant position. 26 . 6 Promotion. Officers promoted to the rank of Sergeant shall receive a salary increase at the time the promotion becomes effective, to at least the minimum of their new pay range or an amount equal to the percentage difference between the current and new grade midpoints (not to exceed 12%) , whichever is greater. a) Calculating a Promotional Increase. Since a promotional increase(. is granted to recognize the assumption of additional job duties and responsibilities, the size of the increase is calculated as a function of the size of the promotion, rather than as a percentage of current salary. The formula used to calculate the promotional increase is as follows : New Midpoint - Current Midpoint = Promotion Increase Amount (%*) Current Midpoint Or An increase to the minimum of the new pay grade, whichever is greater. 44 Not to exceed 12%- unless required to bring the employee' s salary to the minimum of the new pay grade. b) Anniversary Date. A new anniversary date will be established as the effective date of promotion. c) Minimum Pay. In no case shall a promoted employee' s salary be set below the base salary of. the position to which they were promoted. 26. 7 Any employee covered by this Agreement who is required by the Chief of Police or his designee to perform the duties of a Field Training Officer (FTO) shall receive pay at a rate of five (50) percent above the employee' s regular rate of pay while the employee is actually performing the duties of an FTO. 26. 8 Longevity Pay. Employees shall receive 4n additional twenty- five dollars ($25 . 00) per month, for each five years served with the City as follows: Years of Service Monthly Starting Thru Payment 0 5 0 . 00 6 10 25 . 00 11 15 50 . 00 16 20 75. 00 21 + 100 . 00 45 ARTICLE 27 ALCOHOL AND DRUG TESTING 27 . 1 Both the City and FOP recognize that drug and alcohol abuse is a growing problem among our nation' s work force. The City and the FOP also recognize the tremendous cost, both in terms of efficiency and in human suffering caused by needless work. place accidents . Acknowledging the necessity for action, the following Alcohol and Drug Testing Program is hereby initiated. 27 .2 a. All applicants may be subject to drug and alcohol testing. b. In the event the City has a reasonable suspicion to . believe that an employee is under the influence of drugs or alcohol on duty, the City may require that the employee submit to breathalyzer .tests, blood tests, urinalysis, and/or other appropriate testing. Should the employee test positive to a drug test, the City will utilize a confirmatory process before instituting action. c. In the event the City requests that an employee, while on. duty, submit to breath, blood, urine and/or other tests and the employee chooses not to submit to such test or tests, the reasonable suspicion to believe the employee was under the influence shall be justification for discipline, including discharge . d. If the employee submits to the tests and the results indicate alcohol or drug use (other than as indicated in Section h) , the employee shall be discharged or suspended without pay at the discretion of the City. After thirty 30) days have passed, an employee suspended for alcohol use desir.ng reinstatement shall, upon written request be given the opportunity to submit to further blood or urine drug/alcohol screening tests, at the employee ' s expense. If such tests indicate the absence of alcohol or a controlled substance, the employee may be reinstated at the discretion of the City. In the event forty (40) days have passed and the City has not received the written request signed by the employee, to take the alcohol or substance abuse test, or the employee has failed to take such tests at a time and location designated by the City, the employee shall be discharged. An employee who is reinstated under this Section shall be subject to random testing during a two (2) year period following the initial test. Should such employee test positive during this two year period he shall be discharged. 46 e. An employee may be granted a one time leave of absence without pay, not to exceed sixty (60) days, to under go treatment for alcohol or substance abuse pursuant to an approved treatment program. No employee benefits shall accrue during this period. The request must be voluntarily made in writing prior to the institution of disciplinary measures for alcohol or substance abuse. f. The City has the right to search lockers, handbags, lunch boxes, other containers, or other personal effects of employees on duty or on City property at any time provided the City has reasonable suspicion, to believe that an employee possesses or is under the influence. of drugs or alcohol. If deemed necessary by the City, the employees themselves may be asked to submit to a search, provided that at no time will any employee be searched by or in the presence of a member of the opposite sex. Further such search shall be in t1'e nature of a "pat- down, " and shall take place in a location as not to unnecessarily embarrass the employee. An employee ' s refusal to cooperate with or submit to a search may be treated as serious insubordination that warrants immediate discipline, including discharge . g. All employees who must use a prescription drug that causes adverse side effects (drowsiness or impaired reflexes or reaction time) shall inform the City that they are taking such medication on the advice of a physician. It is the employee ' s responsibility to inform the City of the possible side effects of the drug on performance and expected duration of use. h. Except as stated in subsection "d" & "e" of this Article, the cost , of drug and alcohol screening tests shall be paid by tle City. i. The City retains the right to maintain discipline or invoke disciplinary measures in the case of conduct which may result from or be associated with alcohol or substance abuse. j . Decisions of an arbitrator under this Article shall be limited to a determination of whether or not the City had reasonable suspicion, and whether or not the employee was under the influence of alcohol or drugs, and not the disciplinary measures imposed by the City. 27. 3 When drug screening is required under the provisions of this policy, the following standards shall be used to determine 47 what levels of detected substances shall be considered as positive: DRUG GROUP SCREENING TEST CONFIRMATORY TEST a. Amphetamines 300 ng/ml Amphetamine 500 ng/ml GC/MS b. Cocaine Metabolites 300 ng/ml Metabolite 150 ng/ml GC/MS c. Opiate Metabolites 300 ng/ml .Morphine 300 ng/ml GC/MS d. Phencyclidine 25 ng/ml PCP 25 ng/ml GC/MS e. Marijuana Metabolites 50 ng/ml Total ng 15 ng/ml Delta 4' 9 - THC f. Barbiturates 300 ng/ml 300 ng/ml When alcohol screening' is required under the provisions of this policy, the standard which shall be used to determine what level of alcohol shall be considered as positive shall be . 04 grams per deciliter. 48 ARTICLE 28 ANTI-DISCRIMINATION 28 . 1 In accordance with applicable Federal and State Law, both the City and Union agree that they will not discriminate on the basis of race, color, creed, national origin, sex, religion, marital status, age, handicap, or Union membership or non-. membership. The City and FOP affirm their joint opposition to any discriminatory practice in connection with employment, promotion, or training; remembering that; the public interest remains the full utilization or employees ' skill and ability without regard to consideration or race, color, creed, national origin, sex, religion, marital status, age, handicap, or Union membership or non-membership. 49 ARTICLE 29 Promotional Process 29 . 1 Whenever a promotional vacancy exits in the Sergeant classification, the City will fill the vacancy from an eligibility list established for the purpose of filling the particular vacancy under the following conditions : a. The City will announce promotional examinations at least forty five (4 5) days in advance of the written examination. The City will notice the areas from which the examination will cover and the sources from which the written examination was developed. The written examination shall be a test designed for the evaluation of candidates for promotion to the rank of sergeant and selected for use by the City at the discretion of the Chief of Police. b. The written examination will be initially provided to those individuals with a minimum of two (2) years experience with the City of Atlantic Beach Police Department. If five (5) individuals pass the examination, the five (5) will proceed to the Oral Board for an interview. If less than five (5) eligible employees pass the written examination, the written examination will be offered to any applicant with a minimum of two (2) years experience as a certified law enforcement officer, until there is a minimum of five (5) applicants from both the Atlantic Beach Police Department and outside agencies who have passed the examination. If the eligible individuals pass the examination, the individuals will proceed to the Oral Board for the interview process . Any applicant who passes the initial written examination will qualify for submission to the Oral Board and will not be required to retake the test during this testing period. c. All individuals who pass the written examination will be submitted to the Oral Board for consideration. d. Individuals attaining a minimum overall score of 70% on the written examination will be interviewed by an Oral Board consisting of three (3) members . The members of the Oral Board will be appointed at the discretion of the Chief of Police. The Oral Board members may not be from within the Atlantic Beach Police Department and must be active law enforcement officers from local agencies. The Oral Board will submit the names of the top .three (3) candidates to the Chief of Police and the City Manager for their consideration. The City shall promote any of 50 the three (3) candidates selected by the Oral Board to the rank of sergeant . e. The list shall remain active for a period of two (2) years from the date of the initial test. When there are vacancies on the list of three candidates initially submitted by the Oral Board, the Oral Board shall recommend additional names from the list of employees who. passed the written examination for promotion. f. The decision of the Oral Board must take into consideration all legal obligations of the. City including Veterans Preference. I 51 ARTICLE 30 AMENDMENTS 30 . 1 This Agreement contains the complete Agreement between .the City and the FOP and no additions, waivers, deletions, changes or amendments shall be made during the life of the Agreement except by mutual consent in writing of the parties. hereto. i k, f k 52 ARTICLE 31 SAVINGS CLAUSE 31 . 1 The Public Employer retains all rights, powers, functions and authority it had prior to the signing of this contract except as such rights are specifically relinquished or abridged in this contract . 53 ARTICLE 32 SEVERABILITY 32 . 1 In the event any Article, Section or Portion of this Agreement should be held invalid and unenforceable by any court of competent jurisdiction such decision shall apply to the specific Article, Section or Portion thereof specified in. the court ' s decision; and upon issuance of such decision, the Public Employer and the FOP agree to immediately negotiate a substitute for the invalidated Article,; Section or Portion thereof. I 54 ARTICLE 33 ENTIRE AGREEMENT 33 . 1 The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from -the area of. collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement . Therefore, the Public Employer and the FOP for the duration of this Agreement each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargaining collectively with respect to any subject or matter not specifically referred to or covered in this Agreement even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the same time they , negotiated or signed this Agreement . 33 . 2 The parties agree that this Agreement only applies to active employees and members of the bargaining unit on the date of approval and for the life of this Agreement, only pay is retroactive to October 1, 2002 . All other incentives and/or benefits which have increased or changed since the previous collective bargaining agreement shall take effect on the date that this Agreement is approved. Contract approved by City Commission on the 11th day of November 2002 . 55 ARTICLE 34 DURATION OF AGREEMENT This agreement shall commence and become effective on the 1st day of October, 2002, and shall continue in full force and effect until midnight on the Thirtieth day of September 2003 or until a successor agreement is ratified. The FOP and the City agree to meet and discuss implementation of the remaining issues as pertains to the Palmer and Cay Classification and Pay Study, i .e. merit pay and evaluation reports, upon receipt of a written request. If either party desires to negotiate a successor agreement, it may do so by giving the other party written notice to that effect no later than June 1st, 2003 . FOR THE CITY OR E FOP 1/ -loz 17(7-z_ - Jim . anson Date Gary Evans Date Ci Manager Staff Repre- entative 1 /rO 2— Vv ‘z_,-. 1,7Z__—.//4?/&Ast George Aster a e Victor Raynor Date Chief Negotiator FOP President 56 Police Pay Agreement Attachment A PAY SCALE Salary Range Hourly Range Title Grd Min Mid Max Min Mid Max Police Officer 19 30, 806 38, 508 46,209 14 .81 18 .51 22.22 Detective* 19 33, 887 42,359 50, 830 16.29 20.36 24 . 44 Sergeant 21 35,258 47, 010 58, 763 16.95 22. 60 28.25 Includes +10% Detective Pay. 57