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9-8-25 Draft Agenda City of Atlantic Beach Draft Agenda Regular City Commission Meeting Monday, September 8, 2025 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1. APPROVAL OF MINUTES 1.A. Approve minutes of the Budget Workshop held on August 25, 2025. 8-25-25 Budget Workshop Draft Minutes 5 - 7 1.B. Approve minutes of the Regular Commission Meeting held on August 25, 2025. Regular City Commission - 25 Aug 2025 - Minutes - Pdf 9 - 14 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (Sept.-Nov. 2025) 90-Day Calendar (Sept.-Nov. 2025) 15 - 18 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4.A. Constitution Week Proclamation Constitution Week Proclamation 19 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 6. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 6.A. Approve Resolution No. 25-72. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE 2025-2028 COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION COLLECTIVE 21 - 78 Page 1 of 84 Regular City Commission - 08 Sep 2025 BARGAINING AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. 25-72 7. COMMITTEE REPORTS 8. ACTION ON RESOLUTIONS 9. ACTION ON ORDINANCES 9.A. Public Hearings and First Reading on adoption of a Tentative Millage Rate and Ordinance No. 20-25-180 establishing the Operating Budget for fiscal year 2025/2026. *Please note: the ordinanace title and attachments will be added to the final agenda* 9.B. ORDINANCE NO. 5-25-72, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE II, "CITY COMMISSION" SECTION 2-20, "SALARY OF MEMBERS," OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; PROVIDING FOR THE ANNUAL SALARIES OF THE MAYOR AND COMMISSIONERS; PROVIDING FOR A PERIODIC REVIEW OF SAID SALARIES; PROVIDING FOR INCORPORATION AND CODIFICATION; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 5-25-72 79 - 84 10. MISCELLANEOUS BUSINESS 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13. ADJOURNMENT This meeting will be live-streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, visit www.coab.us/live. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this Page 2 of 84 Regular City Commission - 08 Sep 2025 purpose are available at the entrance to the Commission Chamber. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting. Page 3 of 84 Page 4 of 84 Budget Workshop August 25, 2025 MINUTES Budget Workshop Meeting Monday, August 25, 2025 - 5:00 PM City Hall, Commission Chamber 800 Seminole Road, FL 32233 ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 (At Large) Bruce Bole, Commissioner - Seat 2 (District 1308) Thomas Grant, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present: William B. Killingsworth, City Manager (CM) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Ladayija Nichols, Deputy City Clerk (DCC) Brittany Percell, Finance Director (FD) Rick Carper, Interim Public Works Director (PWD) Steve Swann, City Engineer (CE) CALL TO ORDER Mayor Ford called the meeting to order at 5:03 PM. 1. PUBLIC COMMENT The following speakers provided their comments: Bruce Andrews presented a handout to the Commission (which is attached hereto and made part of this Official Record as Attachment A). 8-25-25 Attachment A 2. TOPICS A. Budget Workshop #6 Presentation Final Overview CM Killingsworth along with FD Percell, presented as detailed in the agenda packet and answered questions from the Commission. CM Killingsworth explained that staff recommends reducing the funding for the “Replace Broken Curb and Gutter at Royal Palms” project from $500,000 to $100,000 — freeing up $400,000 for other potential uses. He further noted that the City currently holds approximately $1.5 million in general fund reserves above the 50% reserve policy threshold. Together, these funds provide roughly $1.9 million that could be allocated toward additional projects. Page 1 of 3 Agenda Item #1.A.08 Sep 2025 Page 5 of 84 Budget Workshop August 25, 2025 PWD Carper and CE Swann answered questions. Mayor Ford requested a detailed breakdown of parks maintenance to be provided before the next meeting. He also asked Commissioner Kelly to revisit the baseball contract if it remains unresolved by the next budget meeting. There was a CONSENSUS to schedule an additional budget workshop on September 3, 2025. ADJOURNMENT The meeting adjourned at 6:10 PM. Attest: Donna L. Bartle, City Clerk Curtis Ford, Mayor Date Approved:_________________ Page 2 of 3 Agenda Item #1.A.08 Sep 2025 Page 6 of 84 Attachment A to 8-25-25 Minutes Page 3 of 3 Agenda Item #1.A.08 Sep 2025 Page 7 of 84 Page 8 of 84 Regular City Commission August 25, 2025 MINUTES Regular City Commission Meeting Monday, August 25, 2025 - 6:00 PM Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:20 PM. CC Bartle called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 (At Large) Bruce Bole, Commissioner - Seat 2 (District 1308) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Thomas Grant, Commissioner - Seat 3 (District 1307) Also Present: William B. Killingsworth, City Manager (CM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Ladayija Nichols, Deputy City Clerk (DCC) Josh Gideon, Building Official (BO) Steve Swann, City Engineer (CE) Troy Stephens, Utilities Director (UD) Amanda Askew, Neighborhoods Department Dir. (NDD) 1 APPROVAL OF MINUTES 1A. Approve minutes of the Budget Workshop held on August 11, 2025. The Commission approved the minutes as submitted. 1B. Approve minutes of the Regular Commission Meeting held on August 11, 2025. The Commission approved the minutes as submitted. 2. COURTESY OF FLOOR TO VISITORS 2.A. Septic-to-Sewer Appropriation Check Presentation Mayor Ford acknowledged State Representative Kiyan Michael and Senator Clay Yarborough for their support in securing state funding for the Atlantic Beach septic-to- sewer project. He also acknowledged Davis Bean from The Fiorentino Group. Page 1 of 6 Agenda Item #1.B.08 Sep 2025 Page 9 of 84 Regular City Commission August 25, 2025 Representative Michael expressed appreciation for the opportunity to serve the community. Senator Yarborough thanked the Commission and emphasized the collaborative effort involved in obtaining the funding. Following the presentation, the Commission, Representative Michael, Senator Yarborough, and Mr. Bean took a group photo. PUBLIC COMMENT The following speakers provided their comments: David Bew Dominick Mengani Lorenda Megani Andrew Crane Amy Franqui Stephen Fouraker Mary Emerson-Smith Nancy Staats Susanne Barker 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (Aug. - Oct. 2025). There was a CONSENSUS to accept the 90-Day Calendar with a scheduled budget workshop on September 3, 2025, at 5:00 p.m. in the Commission Chambers. generator Additional Update CM Killingsworth provided an update on the 20th Street lift station, noting that all permits except those for electrical components have been approved, including foundation, gas, and generator installation permits. The generator was scheduled for delivery and installation on August 27, 2025. He, BO Gideon, and CE Swann responded to Commission questions. Mayor Ford requested that staff meet with concerned property owners before installation to review the site plan and address questions, particularly about the proper tie-down of the fuel tank. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Ring  Spoke about attending the Florida League of Cities (FLC) annual conference, highlighting sessions on property taxes, e-bikes, and other municipal issues and, encouraged fellow commissioners to attend the conference next year.  Requested discussion of Donner Park baseball field lighting during the upcoming budget workshop, citing safety concerns and equitable funding across parks. Commissioner Grant Page 2 of 6 Agenda Item #1.B.08 Sep 2025 Page 10 of 84 Regular City Commission August 25, 2025  Requested an update on odor issues at the water treatment facility. CE Swann and UD Stephens answered questions from the Commission regarding this topic. Commissioner Bole  Also reported on attending the FLC conference, noting homeowners insurance as a leading concern for Florida residents and e-bike challenges in beach communities.  Advocated for hiring an arborist in line with the city's Tree City designation.  Suggested holding a dedicated meeting with state elected officials, citizens, and the Commission.  Requested continued updates on the fire service issue with the City of Jacksonville. Commissioner Kelly  Encouraged continued efforts to reach an agreement on the baseball program contract.  Inquired about the centennial celebration. Mayor Ford  Announced Commissioner Bole would serve in his absence from Sept. 23–Oct. 10; no meetings are scheduled during that period.  Thanked UD Stephens' team for a prompt response to a water main break at 10th Street and Beach Avenue.  Raised concern over unleashed dogs on the beach after an incident involving turtle hatchlings; recommended the Commission discuss possible solutions, such as designated off-leash hours or areas. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA 6.A. Approve Resolution No. 25-70. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE 2025 ASPHALT RESURFACING PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6.B. Approve Resolution No. 25-71. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN INTERLOCAL AGREEMENT WITH THE CITY OF NEPTUNE BEACH FOR THE PROVISION OF WATER FOR FIRE SUPPRESSION SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. 6.C. Approve Resolution No. 25-73. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ACCEPTING AND ADOPTING THE UPDATED DUVAL COUNTY LOCAL HAZARD MITIGATION STRATEGY PLAN; AND PROVIDING AN EFFECTIVE DATE. Page 3 of 6 Agenda Item #1.B.08 Sep 2025 Page 11 of 84 Regular City Commission August 25, 2025 Items 6B and 6C were pulled for separate consideration. MOTION: Approve (agenda item) 6A 25-70. Motion: Bruce Bole Second: Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Candace Kelly (Seconded By) For Jessica Ring For Thomas Grant For Motion passed 5 to 0. MOTION: Approve Resolution (No.) 25-71 with the amendment that it includes includes a tri-party agreement between the cities and the owners of the property mentioned. Motion: Bruce Bole Second: Thomas Grant Curtis Ford For Bruce Bole (Moved By) For Candace Kelly For Jessica Ring For Thomas Grant (Seconded By) For Motion passed 5 to 0. MOTION: Approve Resolution (No.) 25-73. Motion: Bruce Bole Second: Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Candace Kelly (Seconded By) For Jessica Ring For Thomas Grant For Motion passed 5 to 0. 7. COMMITTEE REPORTS None. Page 4 of 6 Agenda Item #1.B.08 Sep 2025 Page 12 of 84 Regular City Commission August 25, 2025 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 25-74 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE RENEWAL OF AN EMAIL SECURITY AND COMPLIANCE SERVICE, BACKUP SERVER APPLIANCE SUBSCRIPTIONS, AND A WEB SECURITY GATEWAY SUBSCRIPTION THROUGH NH&A AT A TOTAL PRICE OF $35,844.79 WITH FUNDS ALLOCATED IN THE FISCAL YEAR 2024-25 BUDGET (ACCOUNT NO. 001 1011 516 46 00); AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution (No.) 25-74. Motion: Bruce Bole Second: Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Candace Kelly (Seconded By) For Jessica Ring For Thomas Grant For Motion passed 5 to 0. 3.B. Historic Corridor Designation Request NDD Askew explained ESC's request to expand the historic corridor designation as detailed in the agenda packet. NDD Askew recommended including the expansion with upcoming Chapter 23 Code updates. 9. ACTION ON ORDINANCES None. 10. MISCELLANEOUS BUSINESS None. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Bole  Provided a brief update on the fire suppression agreement.  Commented on the generator discussion, noting its broader community relevance. Page 5 of 6 Agenda Item #1.B.08 Sep 2025 Page 13 of 84 Regular City Commission August 25, 2025 CM Killingsworth  Requested commissioners prepare enhancement priority lists for the next budget workshop and that he would provide a consolidated staff recommendation based on department requests. Mayor Ford offered suggestions on this process.  Noted Marsh Oaks renovations will be discussed; the project is over budget due to higher-than-expected hardening costs caused by hollow concrete blocks. 13. ADJOURNMENT The meeting adjourned at 7:42 PM. Attest: Donna L. Bartle, City Clerk Curtis Ford, Mayor Date Approved:_________________ Page 6 of 6 Agenda Item #1.B.08 Sep 2025 Page 14 of 84 TODAY’S DATE:August 27,2025 AGENDA ITEM:90-Day Calendar for the City Commission CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT MEETING DATE:September 8,2025 BACKGROUND:The rolling 90-day calendar is routinely revised based on input from City staff and the Commission,and is included in each agenda for consideration by consensus. Please note that the 2025 town hall meetings have been scheduled for: 0 Saturday,October 18 at the Adele Grage Cultural Center Please note that an additional Budget Workshop for FY 2025-26 has been scheduled for 5 pm.on: 0 Wednesday,September 3 BUDGET:None RECOMMENDATION:Accept the 90-Day Calendar for September 2025-November 2025 by consensus ATTACHMENT(S):City Commission 90-Day Calendar (September 2025-November 2025) REVIEWED BY CITY MANAGER. 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(N g» Agenda Item #3.A.08 Sep 2025 Page 18 of 84 iBrmIamatinnofthe ditty of Qtlantit £12m in Recognition of WHEREAS,September 17,2025,marks the 238rhanniversary of the framing of the Constitution of the United States of America by the Constitutional Convention;and WHEREAS.the Constitution of the United States of America,the guardian of our liberties,embodies the principles of limited government in a Republic dedicated to rule by law;and WHEREAS,it is ?tting and proper to accord of?cial recognition to this magni?cent document and its anniversary,and to the patriotic celebrations which will commemorate it;and WHEREAS,Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating Sept.17 through 23 as Constitution Week. NOW,THEREFORE,1,Curtis Ford,Mayor of the City of Atlantic Beach, Florida,do hereby proclaim the week of September 17—23as CONSTITUTION WEEK and ask our citizens to reaf?rm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties. IN WITNESS WHEREOF,I have set my hand and caused the Of?cial Seal of the City of Atlantic Beach to be af?xed this 8th day of September,2025. Curtis,Mayor Agenda Item #4.A.08 Sep 2025 Page 19 of 84 Page 20 of 84 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING REPORT RECOMMENDATION:Approve Resolution No.25-72. ATTACHMENTS:1.Resolution No.25-72 2.2025-2028 Coastal Florida Police Benev ent Association Collective Bargaining Agreement REVIEWED BY CITY MANAGER: AGENDA ITEM: SUBMITTED BY: TODAY’S DATE: MEETING DATE: BACKGROUND: BUDGET: Resolution No.25-72 approving the 2025-2028 Coastal Florida Police Benevolent Association Collective Bargaining Agreement Cathy Varian,Human Resources Director August 27,2025 September 8,2025 The City and Union held three public meetings to negotiate a new three-year collective bargaining agreement.The parties came to an agreement,pending Commission approval,on three changes to the contract.The key provisions in the contract that has been amended are as follows: 1.Effective 10/1/25 involuntary pregnancy miscarriage for the member or spouse will be eligible for bereavement leave. 2.Effective 10/1/25,?eld training of?cers who complete an entire phase with a trainee shall be entitled to a day off with pay. 3.Effective 10/1/25,the step plans will increase by 3%for FY 25/26. $142,996.23. Agenda Item #6.A.08 Sep 2025 Page 21 of 84 RESOLUTION NO.25-72 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, APPROVING THE 2025-2028 COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City of Atlantic Beach negotiated a new three-year collective bargaining agreement with the Coastal Florida Police Benevolent Association,effective 10/1/2025-September 30, 2028;and WHEREAS,the Coastal Florida Police Benevolent Association and the City had successful negotiation process this year. WHEREAS,the following provisions are proposed as updates to the contract expiring this year: 1.Effective 10/1/25 involuntary pregnancy miscarriage for the member or spouse will be eligible for bereavement leave. 2.Effective 10/1/25,?eld training of?cers who complete an entire phase with a trainee shall be entitled to a day off with pay. 3.Effective 10/1/25,the step plans will increase by 3%for FY 25/26. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby approves the 2025-2028 Coastal Florida Police Benevolent Association collective bargaining agreement. SECTION 2.The City Commission hereby authorizes the City Manager to execute the agreement. SECTION 3.This Resolution shall take effect immediately. PASSED AND ADOPTED by the City of Atlantic Beach,this 8th day of September,2025 Attest: Curtis Ford,Mayor Donna L.Battle,City Clerk Approved as to form and correctness: Jason Gabriel,City Attorney Agenda Item #6.A.08 Sep 2025 Page 22 of 84 between THE CITY OF ATLANTIC BEACH -2028 “14r B AND FLORIDA ASSOCIATION Agenda Item #6.A.08 Sep 2025 Page 23 of 84 Agenda Item #6.A.08 Sep 2025 Page 24 of 84 TABLE OF CONTENTS Article Article Article Article Article PAYROLL DEDUCTION AND DUES NO STRIKE PROVISION EMPLOYMENT GUIDELINES MANAGEMENT RIGHTS SPECIAL MEETINGS 1 Article Article Article Article Article Article Article Article 10 ll 13 14 15 16 RULES AND REGULATIONS DISCHARGE AND DISCIPLINE GRIEVANCE PROCEDURE ARBITRATION PROCEDURE PERSONAL LEAVE HOURS LEAVES OF ABSENCE WITHOUT PAY MILITARY LEAVE BEREAVEMENT LEAVE l3 l4 17 2 O 22 24 27 28 29 Article 12 HOLIDAYS Article 7 PROBATIONARY EMPLOYEES AND SENIORITY 1 Article Title Article 1 RECOGNITION AGREEMENT Page Agenda Item #6.A.08 Sep 2025 Page 25 of 84 Article 19 TUITION AID Article 20 INSURANCE Article 23 UNIFORMS Article 24 MILEAGE Article 25 LEGAL SERVICES Article 17 HOURS OF WORK AND OVERTIME Article 18 INJURY IN THE LINE OF DUTY Article 21 SAFETY AND HEALTH Article 22 BULLETIN BOARDS Article Article Article Article Article Article Article Article Article 27 28 29 30 31 32 33 34 35 ALCOHOL AND DRUG TESTING ANTI-DISCRIMINATION MUTUAL CONSENT PENSION AMENDMENTS SAVINGS CLAUSE SEVERABILITY ENTIRE AGREEMENT DURATION OF AGREEMENT/SIGNATURES 3 O 32 34 36 37 38 39 41 42 43 46 47 48 49 50 51 52 53 54 Article 26 WAGES Agenda Item #6.A.08 Sep 2025 Page 26 of 84 nu AGREEMENT This Agreement is effective October 1,2025 between the City of Atlantic Beach, hereinafter referred to as the Public Employer,or City,and the Coastal Florida Police Benevolent Association,Inc.,hereinafter referred to as the Association.It is the intent and purpose of this Agreement to assure sound and mutually bene?cial 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 shall be no individual arrangements or agreements covering any part or all of this Agreement contrary to the terms provided herein without coordination with and approval by the above parties,in writing.It is mutually understood and declared to be the public policy of the Public Employer and the Association to promote harmonious and cooperative relationships between the Public Employer and the Association 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. Agenda Item #6.A.08 Sep 2025 Page 27 of 84 1.1 1.2 1.3 ARTICLE 1 RECOGNITION Pursuant to and in accordance with all applicable provisions of Part II of Chapter 447,Florida Statutes,the Public Employer recognizes the Association as the exclusive collective bargaining representative for those employees in the unit certi?ed by the Florida Public Employees Relations Commission (PERC)per Unit Certi?cate 1665 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. It is further understood and agreed that the Association Staff Representative of record (who is the certi?ed bargaining agent as per F.S.447.301 (2)will be the of?cial spokesman.In matters other than collective bargaining (i.e.,the resolutio nofgrievances,etc.)or in the absence of the Staff Representative,the Unit Representative or the alternate of the Atlantic Beach Police Department,will be the of?cial spokesman for the Association in any matter between the Association and the Public Employer,only,however,on the matters which the Association has authority regarding its membership.The Association shall designate in writing the name of the Unit Representative and alternate. The Association agrees to provide the City with the names of the of?cers for the Association and will specify the name of the alternate spokesman.The Association will also notify the City of any changes in Association negotiations team as soon as possible. Agenda Item #6.A.08 Sep 2025 Page 28 of 84 2.3 2.4 2.5 ARTICLE 2 PAYROLL DEDUCTIONS AND DUES Upon receipt of a written authorization from an employee covered by this Agreement,the Public Employer will deduct from the employee's pay the amount owed to the Association 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 Association the deducted sums within ?fteen (15)calendar days of the normal payday.Changes in the Association membership dues and rates will be certi?ed to the Public Employer in writing over the signature of the President of the Association and shall be done at least thirty (30)calendar days in advance of the effective date of such change.The City may notify Association members of any increase in dues in advance of such increase being deducted by the Employer.The Public employer‘s remittance will be deemed correct if the Association 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. The Association 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 Association dues. An employee may revoke his authorization for deduction of dues provided the employee gives thirty (30)calendar days written notice to the Public Employer. Upon receipt of such noti?cation,the Public Employer shall forward a copy to the Association and terminate dues on the pay date immediately following the expiration of the thirty (30)calendar days’notice period. No deduction 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. If there is an amount deducted in excess of what is authorized by this Agreement, the employee affected shall seek recourse with the Association and not the City, provided that the excess amount deducted was in fact remitted to the Association in the form of union dues. Agenda Item #6.A.08 Sep 2025 Page 29 of 84 3.1 ARTICLE 3 NO STRIKE PROVISION The Association and bargaining unit members shall have no right to instigate, support,promote,sponsor,engage in,or condone,in any manner,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. Agenda Item #6.A.08 Sep 2025 Page 30 of 84 ARTICLE 4 4.1 4.2 EMPLOYMENT GUIDELINES a.The Association,its representatives,members or any persons acting on their behalf agree that the following "unlawful acts"as de?ned 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 such as of?ces,warehouses, schools,police stations,?re stations and any similar public installations. 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. The Public Employer and Association 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 Association af?rm 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 af?liation or non-union af?liation,handicap,sex,sexual orientation,gender identity,marital status,or any other non-merit factor except where age or sex is a bona ?de occupational quali?cation for the job necessary for proper and ef?cient job performance.Any complaint or issue concerning discrimination or discriminatory practices shall be addressed and handled pursuant to Article 28 of this Agreement. Agenda Item #6.A.08 Sep 2025 Page 31 of 84 5.] 5.2 5.3 ARTICLE 5 MANAGEMENT RIGHTS 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 ef?ciency 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 quali?cations of employees;to create new job classi?cations 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 speci?cally provided in this Agreement. The above rights of the Public Employer are not all inclusive but indicate the type of matters or rights that 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 speci?cally abridged,delegated,granted or modi?ed by this Agreement. Any and all aspects of wages,hours,and working condition,which are not speci?cally covered by this Agreement,may be initiated,instituted,continued or discontinued without noti?cation of or consultation with the Association.The Public Employer is not required to continue those voluntary aspects 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 Reserved.Whenever the city increases any bene?ts for any city employees the city may also unilaterally provide those same bene?t increases for the bargaining unit members.Once given the city may not decrease any bene?ts of bargaining unit members except as provided for by this collective bargaining agreement or through the collective bargaining process. Agenda Item #6.A.08 Sep 2025 Page 32 of 84 m 54 5.5 5.6 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 speci?c job descriptions as long as they are related to Police Department operations and have the approval of the Chief of Police or their designee. 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 suspendedby the Mayor,City Manager and/or Chief of Police during the time of the declared emergency provided that wage rates and monetary fringe bene?ts shall not be suspended. 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 con?ict with the express provisions of this Agreement. Agenda Item #6.A.08 Sep 2025 Page 33 of 84 ARTICLE 6 SPECIAL MEETINGS AND ASSOCIATION TIME POOL Special Meetings: 6.1 6.2 6.3 The Public employer and the duly appointed representative(s)of the Association agree to meet and confer on matters of interest upon the written request of either party. 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. 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 Association shall have the right at these special meetings,to make recommendations to the Public Employer to improve department operations and resolve problems identi?ed by the Association. 10 Agenda Item #6.A.08 Sep 2025 Page 34 of 84 7.1 7.2 7.3 7.4 ARTICLE 7 PROBATIONARY EMPLOYEES AND SENIORITY All employees shall be classi?ed as probationary employees for the ?rst twelve (12)months of continuous uninterrupted employment after becoming a solo of?cer,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.112.The City Manager and/or the Chief of Police have 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. Seniority: Seniority as used herein,is de?ned as unbroken,continuous service with the Atlantic Beach Police Department as a full-time,sworn law enforcement of?cer. Authorized paid approved leave shall not reduce the of?cer’s seniority and seniority shall compute from the date hired as a full-time,sworn law enforcement of?cer 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. Classi?cation Seniority: Classi?cation Seniority shall begin with the most recent service in the employee’s classi?cation,(e.g.Of?cer,Detective or Sergeant).Employees shall not attain seniority until the completion of the probationary period in their classi?cation (probation is de?ned in Article 7.1 of this Agreement).Seniority shall relate to the most recent date of promotion in that classi?cation. 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. Seniority shall bene?t each classi?cation 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, 11 Agenda Item #6.A.08 Sep 2025 Page 35 of 84 ‘hu if a vacancy exists,without losing seniority in the classi?cation 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 Agenda Item #6.A.08 Sep 2025 Page 36 of 84 8.1 8.2 8.3 ARTICLE 8 RULES AND REGULATIONS Any general order issued after the effective date of this Agreement shall remain in full force and effect,if not in con?ict 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. 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. Any employee Violating a rule or regulations or standard operational procedure may be subject to disciplinary action,including dismissal. 13 Agenda Item #6.A.08 Sep 2025 Page 37 of 84 9.1 9.2 ARTICLE 9 DISCHARGE AND DISCIPLINE 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. The following acts shall be grounds for discipline up to and including discharge. a. b. 1. Falsifying statements or records; Stealing; Drinking or possessing alcoholic beverages while on duty,unless authorized by the Chief of Police; 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; Being under the in?uence of a controlled substance other than that prescribed by a physician for the employee,or being under the in?uence of an alcoholic beverage which would also be a violation of Article 9.2j; Recklessness or negligence while on duty; Violation of the no strike provision of this Agreement; Violation of a published work rule or regulation or standard operational procedure; Failure to immediately report vehicle accidents involving damage to any City property; Conduct that could bring discredit to the Employer; Having committed and/or convicted for felony,driving while under the in?uence of alcohol,or narcotic substances,crime involving moral turpitude, or a misdemeanor involving perjury or a false statement,or a misdemeanor evidencing bad moral character; Leaving the working area during working hours Withoutauthorization; 14 Agenda Item #6.A.08 Sep 2025 Page 38 of 84 h uu .Sleeping while on duty; Fighting,wrestling,horseplay,or any other act which might interfere with the safe or ef?cient operation of the Employer; Unauthorized absence; Unauthorized tardiness; 9.3 94 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 of?cer,City Manager,or their designee. The foregoing enumeration of groundsfor 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. 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. The City may use progressive discipline keeping in mind the of?cer’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 that should be considered are: 15 Agenda Item #6.A.08 Sep 2025 Page 39 of 84 ..... I. I 'I..,......— :1 ...- -..i .. ,. II .~'..z. -I..-. ‘lI 'I. I'' ''III II....... ;. '!I '_,.. l‘:I.. I I II II... I I I ‘-I [-.=.. .. .... .I. . ''II I... .......... I .-.- ~.. .. II - .I I I II I -III..I . I I II II I.. I I II...,.I I .. II II II I II - 'II II II 'II -I I II I'n‘. II I:I ‘V I II II .I .I 9.5 9.6 9.7 9.8 a.Counseling.Does employee understand rules,policies,etc.,and what is expected of them?Such action may or may not be documented in writing; however,the supervisor should maintain a record (date/time/subject)of counseling.This action does not constitute of?cial disciplinary action and is considered as an administrative action. b.Written Warning.Places employee on notice that further acts will result in more severe disciplinary action.Such action must be documented in writing by use of an of?cial Employee Counseling Form and may,or may not,be placed in employee’s of?cial personnel records.This action does not constitute of?cial disciplinary action and is considered as an administrative action. 0.Of?cial Reprimand.Written action that is placed within employee’s of?cial personnel records.Such action should be documented,in writing,by use of of?cial Employee Counseling Form. d.Suspension.Normally,the ?nal 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. 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. Florida State Statute 112.532,(the Law Enforcement Of?cers’Bill of Rights as amended from time to time)shall apply whenever a law enforcement of?cer 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. Employees shall be noti?ed at the earliest practicabletime following the request by a private citizen to review the personnel ?le of the employee. Files maintained by the Internal Investigation Division will be purged by applicable State and Federal Laws. 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 of?cer,at any reasonable time to inspect and request a copy of his/her personnel records and completed internal affairs ?les. 16 Agenda Item #6.A.08 Sep 2025 Page 40 of 84 10.5 All grievances shall be processed in accordance with the following procedure: 10.1 10.2 10.3 10.4 ARTICLE 10 GRIEVANCE PROCEDURE In a mutual effort to provideharmonious 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 speci?c terms of the Agreement as provided in this Article. For the purpose of this Agreement,a grievance is de?ned as a disagreement between the Public Employer,Association and one or more of its employees concerning the interpretation,application,or compliance with this Agreement, including disagreements regarding discipline. Grievances may be taken up during the working time of the grievant upon the mutual agreement between the Public Employer and the Association.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 Association 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 ?le the ?rst step of the grievance with the supervisor who is alleged to have breached this Agreement.If the grievant is grieving a discipline issue,the grievance shall be ?led with the supervisor who directed the discipline. All grievances proceeding to Step II must be reduced to writing and must contain the following information: a.The speci?c 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 speci?c remedy desired by the grievant; c.Signature of grievant,or Staff Rep.if grievance is being submitted by the Association ,and date signed;and, d.Designation letter signed by the grievant,if applicable,designating any representative appointed to represent them during the grievance process. Failure of the grievant to comply with this section shall make the grievance null and void. 17 Agenda Item #6.A.08 Sep 2025 Page 41 of 84 nu H n 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 of?cial 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 ?rst step,the grievant and/or his designated 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 Association if the grievant requests Association representation.The Chief of Police or his designee shall notify the grievant,in writing,of his decision no later than ten (10)working days following the meeting. Note:If the Step 1 Grievance was submitted to the Chief of Police and a Step 1 meeting with the grievant has been held,another meeting at Step 2 is optional and at the discretion of the Chief of Police. 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 Association if the grievant requests Association representation.The City Manager or his designee shall notify the grievant in 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 de?ned in this Article,has not been satisfactorily resolved within the Grievance Procedure,the Association Staff 18 Agenda Item #6.A.08 Sep 2025 Page 42 of 84 h Lu r?n 10.6 Representative of record may request arbitration in writing to the Of?ce of the City Manager no later than ten (10)working days after the response is received in Step 3 of the grievance procedure. It is the mutual desire of the Employer and the Association 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 may only be extended by mutual written agreement. The term "work days"as used in this Article include days that the City Hall is open for business (excluding authorized absences of either party).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 Association in the case of Step 4)to proceed to the next Step of the Grievance Procedure as outlined in this Article.Failure of the Association to observe the time limits for any step in the Grievance Procedure without a mutually agreed written extension of time shall terminate the grievance. 1 Agenda Item #6.A.08 Sep 2025 Page 43 of 84 111 11.2 11.3 11.4 ARTICLE 11 ARBITRATION PROCEDURE Whenever the Association 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 Association shall make the ?rst strike)until only one name remains on the list. The limitations of the powers of the Arbitrator are as follows: a.The Arbitrator shall not have the power to add to,subtract ?om,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 con?ned exclusively to the question(s)which is presented to him which question(s)must be actual and existing; (1.If the subject of the grievance submitted to arbitration concerns disciplinary measures (excluding discharge)taken against one or more employees,the Arbitrator is only empowered to pass upon whether the employee or employees concerned actually committed,participatedin,or were responsible for theact of misconduct.The Arbitrator 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 ?nds 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. There shall be no appeal from the Arbitrator‘s decision;it shall be ?nal and binding on the Association and on all bargaining unit employees and on the Public Employer,provided the Arbitrator’s decision is not outside or beyond the scope of 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. 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 20 Agenda Item #6.A.08 Sep 2025 Page 44 of 84 n 11.5 a court reporter and the transcription fee shall be paid by the party requesting the court reporter and/or a transcription of the proceedings. The parties shall make closing oral arguments at the arbitration,and there shall be no written briefs.The parties retain the right to provide the arbitrator with copies of relevant statutes,case law,or other controlling authority within 10 days of the closing of the arbitration. 21 Agenda Item #6.A.08 Sep 2025 Page 45 of 84 ARTICLE 12 HOLIDAYS 12.1 The following are recognized as holidays under the terms of this agreement: New Years Day January 1St Martin Luther King's Birthday 3rd Monday in January President‘s Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth June 19th Independence Day July 4th Labor Day 1st Monday in September Veterans Day November 11th Thanksgiving Day 4th Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Eve December 24th Christmas Day December 25th 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 Friday. Whenever Christmas falls a Monday,Christmas shall be observed on Monday with Christmas Eve observed on the preceding Friday. 12.2 Not Scheduled to Work a Holida : Employees who are not scheduled to work on the observed holiday shall receive at the discretion of the Public Employee their re ular shift hours 8 10 12 etc.hours as pay at the employee's regular straight time hourly rate of pay or compensatory time,at the straight time rate. Agenda Item #6.A.08 Sep 2025 Page 46 of 84 12.3 12.4 12.5 12.6 Scheduled to Work a Holida : Worked the Holida .Employees whose work shift starts on the holiday shall receive compensatory time equal to their scheduled shift (8,10,12,etc.hours),plus be paid at the rate of one and one-half 1-1/2 the employee‘s regular hourly rate of pay. Did Not Work the Holida Le.a roved to take the Holida off. Employees shall receive Holiday pay equal to their scheduled shift (8,10,12,etc.hours) and shall not be required to take Personal Leave or receive any additional compensation for the Holiday. 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 ?rst regularly scheduled working day immediately after the observed holiday unless the employee is on paid vacation, military leave,paid sick leave substantiated by a doctor's certi?cate,or other paid absences excused by the Chief of Police.Employees must be expected to return to work in order to receive holiday pay. Employees who have been assigned holiday work and fail to report for and perform such work without reasonable cause shall not receive pay or compensatory time for the holiday and shall be subject to appropriate disciplinary action. Employees who are on an unpaid leave of absence or layoff on their last scheduled workday proceeding the day on which such holiday is observed shall not receive pay or compensatory time for the holiday. 12.7 The accrual and payout of compensatory time under this Section shall be governed by the provisions of Article 17. Agenda Item #6.A.08 Sep 2025 Page 47 of 84 ARTICLE 13 PERSONAL LEAVE HOURS 13.1 The "Personal Leave Hours"concept is 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—dutysupervisor,or if he/she is unavailable the Communication Center of the nature of the illness or 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 ?rst day of the intended absence.The Chief of Police,or his dcsignee,shall respond to the request within seven (7)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 fourteen (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 Division Commander of the work shift that is affected. Minimum units charged against Personal Leave under sections 13.1a shall be in increments of ?fteen (15)minutes or more. For Personal Leave hours used for illness,the City always retains the right to require medical documentation of the illness. The maximum number of personal leave hours which may be accrued and carried forward to the following ?scal year is 680 hours. Employees should make every attempt to schedule and use their personal leave prior to the end of each ?scal year.Failure to use the personal leave time will result in forfeiture on October 1 of each ?scal year of any time that exceeds the 680 hour limit. If a personal leave request is cancelled by the City due to no fault of the employee and cannot be rescheduled prior to the end of the ?scal year,their City Manager head may approve the employee to carry-over the personal leave hours that were canceled.In such unusual case,the employee must use 24 Agenda Item #6.A.08 Sep 2025 Page 48 of 84 p 13 15 5.12 6.50 7.0 7 73 8.65 9.27 9.85 10.5 133 169 182 201 225 241 257 273 13.2 6. these personal leave hours prior to the end of the next ?scal year. No Personal Leave Hours may accumulate to an employee who is in a non- pay status or utilizing donated leave. Eligible employees who resign with at least two (2)weeks’prior written notice of resignation to the City Manager,are laid off,or who retire shall be paid for up to 680 unused personal leave hours as follows: (1)Employees hired by the City before October 1,2012,with ten (10) or more years of completed service on the date their employment ends shall be paid out 100%of the personal leave hours accrued (up to a maximum of 680 hours). (2)Employees hired by the City before October 1,2012,with less than ten (10)years of completed service on the date their employment ends shall be paid out 50%of personal leave hours accrued (up to a maximum of 680 hours). (3)Employees hired by the City on or after October 1,2012,shall be paid out 50%of personal leave hours accrued (up to a maximum of 680 hours). In the event of the employee’s death,the balance of the employee’s Personal Leave shall be paid to the bene?ciary of the deceased employee. Effective on 10/1/2024 personal leave time shall accumulate during each pay period and shall be credited to the employee at the end of each pay period (total of 26)using the following schedule: Beginning Year of Thru Hours per Total Annual Year Pay Period (26)Hours Employment First Year 13.4 On September 1Stof 2023,each employee may sell back to the city accrued personal leave hours under the following restrictions: 25 Agenda Item #6.A.08 Sep 2025 Page 49 of 84 u n 13.5 A.Employees may not sell back more than ?fty (50)hours of accumulated leave. B.The sell back of leave hours is further limited in that employees may not reduce their leave bank balance below 80 hours as a result of the sell back of leave hours under this section. C.The city shall have unilateral authority to determine the procedures for how the sell back of leave hours under this section will be conducted. Whenever an employee takes time off of work due to the birth or adoption of a child,the employee shall be entitled to up to six (6)weeks of paid leave under the following conditions and in compliance with the City’s Employee Handbook,as may be amended from time to time: a.The time off taken by the employee must qualify under the Family Medical Leave Act as time off for the birth or adoption of a child.If the time taken off does not qualify as FMLA time,the employee shall not be entitled to compensation under this section. b.The time off taken must be within three months immediately after the birth or placement of the child. 0.All other requirements for time off under FMLA must be complied with by the employee to be entitled to compensation under this section. 26 Agenda Item #6.A.08 Sep 2025 Page 50 of 84 ARTICLE 14 14.1 14.2 14.3 14.4 14.5 14.6 LEAVES OF ABSENCE WITHOUT PAY The City shall conform to the Family Medical Leave Act (FMLA)with FMLA eligible employees entitled to leave per a twelve (12)month periodfor the periods and reasons as speci?ed in the FMLA. Leaves of absence without pay may also be granted for other reasons deemed acceptable to management other than those covered in under the FMLA. All leaves,with or without pay,should be requested by the employee in writing and should be approved in writing before becoming effective. Requests for Military Leave shall be submitted in accordance with Article 15. Any approved 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. An employee’s starting date will be adjusted for leaves of absence without pay, unless restricted by State or Federal law 27 Agenda Item #6.A.08 Sep 2025 Page 51 of 84 ARTICLE 15 MILITARY LEAVE 15.1 The City will grant employees leaves of absence for military duties as dictated by the requirementsof 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 of?cial 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 of?cial set of orders or appropriate documentation have been received. 15.4 All requirements of applicable statutes and rules concerning veteran preferences and protections under Florida and federal law are incorporated into this collect bargaining agreement by reference,and are superiorto any con?icting provision of this collective bargaining agreement. 28 Agenda Item #6.A.08 Sep 2025 Page 52 of 84 16.1 16.2 16.3 16.4 ARTICLE 16 BEREAVEMENT LEAVE 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 and/or attending to related obligations 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. The employee‘s immediate family shall be de?ned as the employee's spouse, father,mother,son,daughter,brother,sister,father-in-law,mother-in-law, grandparents,step-parents,step—child,step-brother,step-sister and any other member of kinship who may be residing under the same roof with an employee during the time of death.An involuntary pregnancy miscarriage by the member or the member’s spouse constitutes a death in the family. Bereavement leave shall be paid leave and not charged to personal leave days. The employee will be required to provide the Chief of Police with veri?cation of death before bereavement leave is approved. Agenda Item #6.A.08 Sep 2025 Page 53 of 84 171 17.2 17.3 17.4 17.5 ARTICLE 17 HOURS OF WORK AND OVERTIME The bargaining unit employee‘s basic work period shall be based on the Fair Labor Standards Act (FLSA)with a work period of 28 days.The basic work period for an employee covered by this Agreement will consist of up to 168 hours per 28 day work period.When the City deems it necessary,the basic work period may be changed,provided the employees are given at least seven (7)calendar days notice prior to the change.If the assigned work period is increased or decreased,then the number of hours worked before the time and one-half overtime pay rate applies shall be increased or decreased proportionally. 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 speci?cally assigned,the employee shall have no right to receive any compensation or compensatory time for the hours spent traveling to or from or attending the seminar 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. Except as provided in Section 17.4,all hours worked in excess of 168 hours during an employee's basic scheduled work period shall be considered overtime and shall be compensated at the rate of one and one-half (11/2)times the employee's regular hourly rate of pay.All approved paid leave shall be counted as hours worked for purposes of computing overtime pay.The city has the management right to order any bargaining unit member to work overtime as the city deems necessary. An employee willhave 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.Once an employee accrues one-hundred (100)hours of compensatory time,no further accrual of compensatory time will be allowed. Therea?er,hours worked in excess of an employee's regular scheduled two week work period shall normally be paid to the employee. 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 must be taken during the ?scal year (October 1 —September 30)in which it is earned,except 30 Agenda Item #6.A.08 Sep 2025 Page 54 of 84 \I'i I‘II I I "II -I I I 'I ll Ii'I I II I I I I I I I I I In IM- lI II :II I III I I I I f: II . I. I'l IIII -:I -I I I I I I I I ''i II!II I;I I-: ‘V I I I I I I 1‘ II .,I ;-.I; N I II I_"I :4II I II . II =| 1 -II -'I... ‘I. .I'. I .H .H . .. ‘1 II 17.6 17.7 17.8 17.9 that an employee may roll over into the next calendar year no more than 25 hours of comp time.Employees shall receive a cash payment for the excess unused compensatory time on or after the last pay period of the ?scal year but no later than September 30th of the same ?scal year at the regular hourly rate earned by the employee at the time the employee receives such payment.Note:Employees will not be paid for Compensatory Time unless their Compensatory Time payment amount equals or exceeds one hour. Hours worked in excess of the employee's normal scheduled hours due to emergency situations such as hurricanes,tornadoes,civil disorders and other like matters as declared by the Chief of Police,will be compensated for at the rate of one and one-half (1V2)times the employee's regular hourly rate of pay. When an employee is required to appear as a witness at a deposition,trial,or hearing on a pending criminal,civil,or traf?c case or as a witness in a pending departmental disciplinary action,where the employee is or was involved in his of?cial police capacity,and such appearance occurs when the employee is scheduled to be off duty,he shall be compensated at the employee’s regular rate of pay for the reasonable time spent traveling to and from the location of the deposition,trial,or hearing 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 or subpoena and must remit to the City any witness fee or fees received in connection with the appearance that exceed twenty dollars ($20.00)excluding travel reimbursement, unless City transportation is furnished in which case travel reimbursement should not be requested or acceptedor if receive such fee will be signed over to the City. In changing individual 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. Training days are Viewed as hours worked,and the City may assign and/or reschedule training days at the City‘s discretion.Scheduled training days are mandatory work days and are generally in addition to the Of?cer’s regular schedule.Failure to attend scheduled training will be treated as any other missed work day.Training days will be scheduled by the City as soon as possible but in no case with less than 30 days’notice to the employee. 31 Agenda Item #6.A.08 Sep 2025 Page 55 of 84 18.1 18.2 ARTICLE 18 INJURY IN THE LINE OF DUTY 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 bene?ts payable under the Workers‘ Compensation Law of the State of Florida,be entitled to the following bene?ts: a.When an employee is absent due to compensable injury,the City will pay one-hundred percent (100%)of an employee's average daily earnings for each regularly scheduled work day missed beginning with the ?rst 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 who 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 compensatedby 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. In addition to the bene?ts afforded under section 18.1(a),an employee, subsequent to exhausting all Personal Leave days,may be awarded special bene?ts 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 bene?ts,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. 0.Obedience to or violation of any Department rules,regulations and policies procedures,published work rule or instructions to the employee by supervisors involving the cause of the disability. The decision to grant or deny special bene?ts is not subject to the grievance or arbitration provisions of the agreement. 32 Agenda Item #6.A.08 Sep 2025 Page 56 of 84 18.3 18.4 18.5 The City may require the employee to be examined every twenty (20)calendar days by a medical doctor selected by the City to determine whether the employee should be continued on such leave or returned to duty. In the event that an employee fails to return to work due to a disagreement between medical doctor(s)for the employee and the city,then the city shall select a third,duly quali?ed medical doctor who shallresolve the medical disagreement. This medical examination shall be at the employee's expense.In resolving the disagreement between the employee's doctor and the city's doctor the decision of the third doctor shall be ?nal and not subject to grievance. Where injury is caused by the knowing refusal of the employee to use a safety appliance provided by the City,the Workers'Compensation bene?ts shall be reduced twenty—?vepercent (25%).Failure to obey safety regulations or to use safety devices shall result in disciplinary action,up to and including discharge. 33 Agenda Item #6.A.08 Sep 2025 Page 57 of 84 19.1 19.2 19.3 19.4 19.5 ARTICLE 19 TUITION AID 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 certi?cate when grades are not assigned will be reimbursed 100%of the tuition,lab fees,registration fees,and costs for books. Any member attending courses toward a Master’s Degree may be reimbursed up to 100%at the sole discretion of the City Manager. Non—reimbursableitems.100%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. An employee who does not remain with the City for a minimum of one (1)full year after completion of a course for which he has received education assistance shall repay the reimbursement to the city at the rate of 1/12thof the total received for each month remaining on the 12 month commitment. 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. In the event the employee is eligible for tuition aid from any other source,such as,but not limited to Veteran's Bene?ts,the payments due under this article will be reduced by the amount of bene?ts paid by other sources. 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: 34 Agenda Item #6.A.08 Sep 2025 Page 58 of 84 Degree Associates or documented evidence $50.00 of eligibility for an Associates Degree Bachelors Degree Monthl Amount $100.00 Agenda Item #6.A.08 Sep 2025 Page 59 of 84 .y 20.1 20.2 ARTICLE 20 INSURANCE 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. The City agrees to provide employees with the basic health insurance group program as offered to other City employees.The City agrees to pay the same amount of premium for the same insurance coverage for bargaining unit members as it does for other City employees.Dependent coverage for medical and other insurance offered by the City will be available by payroll deduction at the employees’expense. Agenda Item #6.A.08 Sep 2025 Page 60 of 84 211 21.2 21.3 ARTICLE 21 SAFETY AND HEALTH The City and the Association agree that they will conform to all laws relating to safety,health,sanitation and working conditions.The City and the Association will cooperate in the continuing objective of elimination safety and health hazards Wherethey are shown to exist. Safety practices may be improvedupon from time to time by the Public Employer and upon recommendations of the City and the Association.Protective devices, apparel,and equipmentwhen 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. All members must take and successfully pass the PAT on an annualbasis,October 1 —September 30.If the member fails the PAT,the member will have 6 months to successfully pass the PAT.If after the 6 month extension the member is unable to pass the PAT,the member may request one additional 6-month extension with the approval of the HR Director and Chief of Police.Factors that will be considered for this approval include:a clear indication that the member is making progress in their physical ?tness,the member is committed to improving their health and the member has not requested an extension previously.If the member is unable to successfully pass the PAT after this time,the employee’s position as a Police Of?cer with the COAB will be terminated. 37 Agenda Item #6.A.08 Sep 2025 Page 61 of 84 ARTICLE 22 22.1 22.2 22.3 22.4 BULLETIN BOARDS The Association may be permittedto provide for its own use one bulletin board not to exceed four feet times three feet (4'x 3‘)in dimension,provided the bulletin board shall be located only in the squad room. The Association agrees it shall use the space on the bulletin board provided for herein only for the following purpose:notices of Association meetings,notices of internal elections for Association of?ces,reports of Association committees,policies of the Association,recreation and social affairs of the Association,and notices by public bodies.In no event shall the bulletin board be used to post political material or controversial material.The Chief Representative or Alternate Representative of the Association are the only authorized representatives to post material on the bulletin board. Said representatives shall initial and date all material,which is posted. 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 material shall immediately be removed by the City with the removed material provided to the Association Staff Rep. The Police Department may post training,promotional,or transfer information on these boards.Such material shall be removed from the boards within ?ve (5)days of expiration. Agenda Item #6.A.08 Sep 2025 Page 62 of 84 23.1 23.2 23.3 23.4 23.5 23.6 23.7 ARTICLE 23 UNIFORMS The City will furnish all sworn bargaining unit employees who are required to wear uniforms in the performance of their duties with uniforms and equipment approved for their use. The City will replace or repair the above items as they become torn,worn or unserviceable due to the performance of the employee's of?cial duty.Any claim for a repair or replacement under this Section must be accompanied by a written explanation to 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 whether the item shall be replaced or repaired. 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. The employee shallwear the articles of the uniform providedin Section 23.1 only for of?cial City business or as otherwise authorized by the Chief of Police. 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 ?nal pay check or have the cost of the items not turned in deducted from the employee‘s ?nal pay check. The City agrees to provide for the cleaning of uniforms sets (shirts and pants)per employee per quarter as authorized and funded for within the annual approved budget. The city shall provide for the Detectives and Crime Suppression Unit members covered by this agreement,to include sergeants assigned to supervise the units,a clothing allowance of six hundred and ?fty dollars ($650.00)per year to be paid as indicated below.This allowance shall not include up to two (2)department polo shirts bearing the Atlantic Beach Police Badge. a.An initial payment for the ?rst two quarters in the amount of a $325 clothing allowance shall be paid within fourteen (14)days of the employee’s initial assignment as detective. Agenda Item #6.A.08 Sep 2025 Page 63 of 84 V ''''-u u I I -W]I ._ I I n., I I n ;H .I I I H I E'Tl I H _ . u:I ‘"M.I u . I v I"I II -I I H n u n 23.8 b.Following six months,additional payments of $54.17 will be paid monthly within the ?rst pay check of each month. Any prescription glasses (not sun glasses)contact lenses,false teeth or partial plates damaged,destroyed or stolen while an of?cer is acting in the performance of his of?cial 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 damaged/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 coveredby 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 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 Agenda Item #6.A.08 Sep 2025 Page 64 of 84 MILEAGE ALLOWANCE 24.1 Employees directed by the Chief of Police or his designee to use their private automobiles for City business,shallbe compensated at the IRS.Mileage Rate. ARTICLE 24 41 Agenda Item #6.A.08 Sep 2025 Page 65 of 84 25.1 25.2 25.3 ARTICLE 25 LEGAL SERVICES 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. It is understood and agreed that all employees shall furnish noti?cation in writing of their intent to ?le suit in any court of law,to the Public Employer,no less than ten (10)working days before the actual ?ling date,provided the lawsuit affects or is related in any manner with the Public employer. 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. Agenda Item #6.A.08 Sep 2025 Page 66 of 84 ARTICLE 26 WAGES 26.1 Effective October 1St2025 employees will be compensated in accordance with the pay scales below. Employees will be placed on the pay matrix step based upon how many years of service they have in their current grade as of October 15‘.of each year.Any employee, who has reached their maximum Step and is ineligible for an additional Step increase,will receive a lump sum annual bonus payment.The amount of the lump sum annual bonus payment shall be 1%of their annual salary as de?ned in the applicable pay matrix.The lump sum annual bonus shall be payable no later than October 30‘“. Police Officer 123456700901 11 Hou?y Rate $29.34 $30.81 $32.76 $35.03 $37.14 $39.24 $40.65 $42.05 $43.47 $44.88 $47.64 Effective Oct 1,2025 Approximate Annual Salary (2184 hrs) $64,078.56 $67,289.04 $71,547.84 $76,505.52 $81,113.76 $85,700.16 $88,779.60 $91,837.20 $94,938.48 $98,017.92 $104,045.76 Police Sergeant 43 Step Agenda Item #6.A.08 Sep 2025 Page 67 of 84 Step Hou?y Rate $43.47 $44.88 $47.64 $49.09 $50.49 $51.93 $53.32 $56.12 Effective Oct 1,2025 Approximate Annual Salary (2184 hrs) $94,938.48 $98,017.92 $104,045.76 $107,212.56 $110,270.16 $113,415.12 $116,450.88 $122,566.08 26.2 26.3 26.4 26.5 26.6 26.7 26.8 Police Of?cers and Sergeants will receive shift differential pay as follows for the entire shift:All hours worked between 6pm and 6am will be compensated with $2.00 per hour added to thevof?cer’s regular rate of pay. The City shall assume the responsibility for certain pension contributions for bargaining unit members.The bargaining unit members'contribution rates will be 8%. Any Police Of?cer covered by this Agreement who is assigned by the Chief of Police to work in the Investigative Division or Crime Suppression Unit 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 of?cer. Any Police Of?cer or Sergeant covered by this Agreement who is assigned to work as a Detective in the Investigative Division or the Crime Suppression Unit (CSU)shall have their title changed to Detective and shall receive an annual clothing allowance of six hundred ?fty dollars ($650.00)in accordance with Article 23.7. Any employee covered by this Agreement who is assigned as a member of the Special Response Team (SRT)shall receive a rate of pay ten percent (+10%)above their normal pay while such of?cers are performing actual SRT duties,not including training.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 of?cer. Promotion.Of?cers promoted to the rank of Sergeant shall receive a salary increase at the time the promotion becomes effective,to Step 1 of the Sergeant Pay plan listed in 26.1 .Advancement to subsequent steps will require the sergeant to meet the appropriate time as 3 Sergeant as de?ned in 26.1. Any employee covered by this Agreement required by the Chief of Police or his designee to perform the duties of a Field Training Of?cer (FTO)shall receive pay at a 44 123456700 Agenda Item #6.A.08 Sep 2025 Page 68 of 84 26.9 rate of ten percent (10%)above the employee‘s regular rate of pay while the employee is actually performing the duties of an FTO.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 of?cer.Additionally,any FTO that completes an entire phase with a trainee shall be entitled to a day off with pay. Any employee required to act as an of?cer in charge on any shift for a period of three or more hours shall receive an additional 10%pay increase for the hours worked as an of?cer in charge. Agenda Item #6.A.08 Sep 2025 Page 69 of 84 271 ARTICLE 27 ALCOHOL AND DRUG TESTING Both the City and Union recognize that drug and alcohol abuse is a problem among our nation's work force.The City and the Association also recognize the tremendous cost,both in terms of ef?ciency and in human suffering caused by needless workplace accidents.Acknowledging the necessity for action,both parties agree to the promotion of a drug free workplace pursuant to the Florida Drug-Free Workplace Act (F8112.0455 &FS440.102). Agenda Item #6.A.08 Sep 2025 Page 70 of 84 28.1 28.2 ARTICLE 28 ANTI-DISCRIMINATION In accordance with applicable Federal,State and Local 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,Union membership or non— membership,gender identity,sexual orientation or any other non-merit factor except where age or sex is a bona ?de occupationalquali?cation for the job necessary for proper and ef?cient job performance.The City and the Association af?rm 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 gender identity, sexual orientation or any other non—meritfactor except where age or sex is a bona ?de occupational quali?cation for thejob necessary for proper and ef?cient job performance. Any violation of this Article may be grieved pursuant to Article 10 governing the grievance process up to and including Step Three (3)as outlined in Article 10.Under no circumstances shall Step Four (4)of the grievance process and/or Article 11 governing binding arbitration be allowed.This provision in no way restricts an employee's right to ?le a complaint or claim according to City policy or applicable local, state or federallaw. 47 Agenda Item #6.A.08 Sep 2025 Page 71 of 84 ARTICLE 29 MUTUAL CONSENT 29.1 Pursuant to Chapter 2015-039,Florida Statutes,the parties to this agreement MUTUALLY CONSENTED to utilize 100%of the accumulated excess premium tax revenues to fund the unfunded liability of the Police Pension Fund until it is fully funded. The parties to this agreement attest to this mutual consent by their signatures on the execution page. Agenda Item #6.A.08 Sep 2025 Page 72 of 84 I..- I........_-l-|-__.__-—r-l.'..-lll'-—r.—.-I.—l. ..l I—I -I— --'—I y--—'J'-'-- I-'--'u—:l-'I"-I-'—l _I 3:: Il—"-'I'II'“---i—I - The parties agree that the current pension for the bargaining unit shall remain as is except for the following change(s): 1.As of October 1,2023,the bene?t multiplier for participantshired on or after January 1,2013 shall be 3.0%of average ?nal compensation for all years of service. ARTICLE 30 PENSION 49 Agenda Item #6.A.08 Sep 2025 Page 73 of 84 ARTICLE 31 AMENDMENTS 30.1 This Agreement contains the complete Agreement between the City and the Association 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. 50 Agenda Item #6.A.08 Sep 2025 Page 74 of 84 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 speci?cally relinquishedor abridged in this contract. ARTICLE 32 51 Agenda Item #6.A.08 Sep 2025 Page 75 of 84 32.1 ARTICLE 33 SEVERABILITY 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 speci?c Article,Section or Portion thereof speci?ed in the court's decision;and upon issuance of such decision,the Public Employer and the Association agree to immediately negotiate a substitute for the invalidated Article,Section or Portion thereof. 52 Agenda Item #6.A.08 Sep 2025 Page 76 of 84 33.1 33.2 ARTICLE 34 ENTIRE AGREEMENT 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 Association for the duration of this Agreement each voluntarily and unquali?edly waives the right and each agrees that the other shall not be obligated to bargaining collectively with respect to any subject or matter not speci?cally 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. The parties agree that this Agreement only applies to active employees and members of the bargaining unit on the date of City Commission approval and for the life of this Agreement. 53 Agenda Item #6.A.08 Sep 2025 Page 77 of 84 ARTICLE 35 FOR THE CITY FOR THE ASSOCIATION DURATION OF AGREEMENT This Agreement shall commence and become effective on October 1,2025 and shall continue in full force and effect until midnight on September 30,2028 or until a successor agreement is rati?ed. Each party may reopen Article 26.1,Wages,and one (1)other Article of their choice in 2026 and 2027 provided the desired changes are non-monetary in nature. 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 1Stof each year Rati?ed by Union members on:August 13,2025 Approved by the City Commission on:August 25,’2025 William B.Killingsworth,City Manger Greg Forhan PBA Representative 54 Agenda Item #6.A.08 Sep 2025 Page 78 of 84 TODAY’S DATE:Aug.25,2025 SUBMITTED BY:Deputy City Manager,City Manager CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Ordinance No.5-25-72 ATTACHMENTS: 1)Ordinance No.5-25-72 2)Commission Pay Report for Northeast Florida BUDGET:An $18,027 increase in Fis a1Ye 2025-26 MEETING DATE:Sept.8,2025 BACKGROUND:During Fiscal Year 2025-26 budget deliberations,City Commission members have expressed a desire to re?ect current compensation standards and to include a de?ned periodic review process. The proposed salaries are benchmarked against the average City Commission salaries in Northeast Florida (per the attachment to this report). RECOMMENDATION:Consider approving Ordinance No.5-25-72 REVIEWED BY CITY MANAGER: Agenda Item #9.B.08 Sep 2025 Page 79 of 84 ORDINANCE NO.5-25-72 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA, AMENDING CHAPTER 2,"ADMINISTRATION,"ARTICLE 11,"CITY COMMISSION"SECTION 2-20,"SALARY OF MEMBERS,"OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; PROVIDING FOR THE ANNUAL SALARIES OF THE MAYOR AND COMMISSIONERS;PROVIDING FOR A PERIODIC REVIEW OF SAID SALARIES;PROVIDING FOR INCORPORATION AND CODIFICATION;PROVIDING FOR SEVERABILITY;REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City of Atlantic Beach desires to update and amend the provisions governing the salary of the Mayor and Commissioners to re?ect current compensation standards; and WHEREAS,it is in the public interest to establish a clear and transparent compensation structure for elected of?cials that includes a de?ned periodic review process. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,FLORIDA,AS FOLLOWS: SECTION 1.Section 2-20,"Salary of members,"of the Code of Ordinances of the City of Atlantic Beach,Florida,as set forth in Exhibit A attached hereto,shall be amended and replaced in its entirety,with the following new provision: Sec.2-20.-Salary of members. (a)The annual salary of the Mayor-Commissioner shall be thirteen thousand nine hundred sixty—twodollars and 00/100 ($13,962.00).The annual salary of the City Commissioners shall be eleven thousand two hundred forty-three dollars and 00/100 ($11,243.00).The annual salaries of the Mayor-Commissioner and City Commissioners shall be made in twelve (12)equal monthly payments. (b)A comprehensive review of the annual salary of the Mayor-Commissioner and City Commissioners shall be conducted every five (5)years.This review shall be used to assess,and if deemed appropriate by the City Commission,adjust,the salaries to ensure they remain competitive and commensurate with the duties of the office. (c)Effective August 1 of each year,the basic salary of the Mayor—Commissioner and City Commissioners shall be reviewed and adjusted by the Consumer Price Index for All Urban Consumers (CPI-U)released in August.Adjustments,if any, shall not exceed the cost of living adjustment provided to general employees and shall be effective on October 1 of each year. Ordinance No.5-25—72 Page 1 of 3 Agenda Item #9.B.08 Sep 2025 Page 80 of 84 Donna L.Battle,City Clerk Curtis Ford,Mayor (d)This section shall not be construed to negate any cost-of-living increase or other bene?t that may be awarded to all City employees or of?cials.Any such increase or bene?t shall be awarded to the Mayor-Commissioner and City Commissioners in a manner consistent with other City employees. (6)This section shall be effective as of October 1,2025. SECTION 2.All ordinances or parts of ordinances in con?ict with the provisions of this Ordinance are hereby repealed. SECTION 3.Codi?cation.It is the intention of the City Commission that the provisions of this ordinance shall become and be made a part of the City of Atlantic Beach Code of Ordinances;that the Sections of this ordinance may be renumbered or re-lettered to accomplish such intention;and that the word “ordinance”may be changed to “section,”“article,”or other appropriate designation. SECTION 4.Severability.If any section,subsection,sentence,clause,or provision of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction,such invalidity shall not be construed as to affect the validity of the remaining provisions of this ordinance. SECTION 5.This Ordinance shall take effect upon ?nal passage. PASSED by the City Commission on ?rst reading on this 8th day of September 2025. PASSED by the City Commission on second and ?nal reading following a public hearing on this 22nd day of September 2025. ATTEST: Approved as to form and correctness: Jason R.Gabriel,Esq. City Attorney Page 2 of 3OrdinanceNo.5-25-72 Agenda Item #9.B.08 Sep 2025 Page 81 of 84 EXHIBIT A Previous Section 2-20,"Salary of members"provision in Code of Ordinances Section 2—20 Salary of members (a)The annual salary of the mayor and commissioners shallbe made in twelve (12) equal monthly payments. (b)Effective August 1 each year the basic salary of the mayor-commissioner and city commissioners shall be reviewed and adjusted by the Consumer Price Index for All Urban Consumers (CPI-U)released in August.Adjustments,if any,shall not exceed the cost of living adjustment provided to general employees and shall be effective on October 1 of each year.A reduction of ten (10)percent,effective October 1,2009,shall be made to reduce the annual salary of the mayor to nine thousand three hundred ninety-two dollars and four cents ($9,392.04)and to reduce the annual salary of the commissioners to ?ve thousand seven hundred sixteen dollars and thirty-two cents ($5,716.32)with the next pay adjustment under this section being on October 1,2010,if appropriate. (0)This review and increase in basic salary does not negate an annual cost of living increase that might be awarded each year to all city employees. Page 3 of 3OrdinanceNo.5-25-72 Agenda Item #9.B.08 Sep 2025 Page 82 of 84 SUBMITTED BY:Deputy City Manager,City Manager “(l CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Ordinance No.5-25-72 TODAY’S DATE:Aug.25,2025 MEETING DATE:Sept.8,2025 BACKGROUND:During Fiscal Year 2025-26 budget deliberations,City Commission members have expressed a desire to re?ect current compensation standards and to include a de?ned periodicreview process. The proposedsalaries are benchmarked against the average City Commission salaries in Northeast Florida (per the attachment to this report). RECOMMENDATION:Consider approving Ordinance No.5-25-72 ATTACHMENTS:1.Ordinance No.5-25-72 2.Commission Pay Report for Northeast Florida BUDGET:An $18,027 increase in Fiscal Year 2025-26 BY CITY MANAGER: Agenda Item #9.B.08 Sep 2025 Page 83 of 84 Commission PCityPopulationNeptuneBeach6984 Jacksonville Beach 23447 Fernandina Beach 13052 St.Augustine 14329 St.Augustine Beach 6803 Sum 64,615 Atlantic Beach 13513 Atlantic Beach (Proposed)13513 Salary$4,300 $12,960 $18,000 $12,000 $6,000 $53,760 $7,249 $11,243 MayorSalary$7,800 $17,760 $18,000 $16,000 $7,200 566,760 $11,911 $13,962 Agenda Item #9.B.08 Sep 2025Page 84 of 84