10-27-03 vCITY OF ATLANTIC BEACH
COMMISSION CITY/UNION IMPASSE MEETING
OCTOBER 27, 2003
AGENDA
5:00 P.M. Hearing for the purpose of resolving an impasse in contract negotiations
between the City and the Northeast Florida Public Employees' Loca1630,
LIUNA, AFL-CIO "Blue Collar" union.
Call to Order
1. City Attorney to explain the purpose of the hearing.
2. The Mayor to explain the "ground rules"
3. City to present City position (30 minutes maximum)
4. Union to present Union position (30 minutes maximum)
5. City to present any rebuttal and additional information (10 minutes maximum)
6. Union to present any rebuttal and additional information (10 minutes maximum)
7. Comments from public (2 minutes each).
8. Questions from City Commission
9. Decision by City Commission
10. Meeting adjourned
r
MINUTES OF THE HEARING HELD IN ATLANTIC BEACH COMMISSION CHAMBERS AT
5:00 PM ON MONDAY, OCTOBER 27, 2003 TO SETTLE THE IMPASSE INNEGOTIATIONS
BETWEEN THE CITY OF ATLANTIC BEACH AND THE NORTHEAST FLORIDA PUBLIC
EMPLOYEES' LOCAL 630 LIUNA, AFL-CIO "BLUE COLLAR" UNION
Present: John S. Meserve, Mayor
Richard M. Beaver, Commissioner
Mike Borno, Commissioner
Paul Parsons, Commissioner
J. Dezmond Waters, III
Also: Jim Hanson, City Manager
Alan C. Jensen, City Attorney (5:30 p.m.)
Maureen King, City Clerk
Beau Worsham, Union Negotiator
George Foster, City Negotiator
The Mayor called the meeting to order and explained that the parties were at impasse on several
issues and both parties had waived the right to go to a Special Master for resolution. The matter was
therefore, brought before the City Commission to resolve all issues.
The Mayor indicated that each party would have thirty minutes to present its case and ten minutes
would then be allowed for rebuttal, following which the public would be given an opportunity to
address the City Commission and were asked to limit their remarks to two minutes. The City
Commission would then act on the issues at impasse.
Gcorgc Foster presented the City's position on the issues at impasse, as follows:
Article 29.3 Mr. Foster said it was the City's wish to hire and promote the most qualified
applicants, regardless of seniority.
2. Article 29.1 The City wished to advertise vacancies based on the needs of the City while
the union wanted union positions to be advertised internally for five days before advertising
outside. Mr. Foster thought that this slowed the hiring process unnecessarily.
3. Article 17.2 Union employees are paid overtime for any hours worked beyond their regular
daily schedule. The City wished to change this to pay overtime on any hours worked after a
40-hour work week.
4. Article 12.9 Currently employees who are scheduled to work 10-hour shifts receive 100
hours ofholiday pay while employees who work 8-hour days receive 80 hours ofholidaypay.
The City wishes to pay all employees 80 hours ofholiday pay.
Page Two
Minutes -Impasse Hearing
October 27, 2003
5. Article 9.9 The current contract provides that written warnings can only be retained and
used in disciplinary actions for one year. Similarly, written reprimands can only be retained
and used in disciplinary actions for two years. The City wished to delete the time periods that
such warnings or reprimands could be used.
6. Article 16.2 The current contract provides that an employee may receive three calendar
days offwith pay in the event of a death in the employee's immediate family. The City wished
to delete "first cousin, uncle or aunt" from the definition of "immediate family."
7. Article 34 Mr. Foster estimated that the contract could be rewritten and brought before
the City Commission by their first meeting in November (November 10) and requested that
the contract become effective on that date.
Mr. Worsham asked that the City Commission vote on each issue separately, and then presented the
Union's position on the above seven issues, as follows:
(For easier comparison, while not presented in the same order as the City's position, the Union's
position on the issues at impasse is set forth below in the same order as presented by the City).
1. (Mr. Worsham s Exhibit E, attached). Mr. Worsham felt that employees with longer service
to the City should be rewarded by being promoted if they met the minimum requirements for
the job they were seeking. In the absence of a written examination he felt that employees
should be promoted based on seniority.
2. (Exhibit E, attached). Mr. Worsham felt that current employees should receive first
consideration when vacancies occur and supported the current policy ofadvertising vacancies
in-house before advertising them outside. He said as long as seniority of current employees
was taken into consideration, whether vacancies were advertised in-house or outside was not
a mayor issue.
3 (Exhibit D attached). Mr. Worsham supported the current policy of paying overtime for any
hours worked that exceeded the daily schedule.
4. (Exhibit B attached). Mr. Worsham supported the current policy that provides that
employees who work 8-hour days receive 80 hours of paid holidays while employees who
work 10-hours days receive 100 hours of paid holidays. Mr. Worsham also provided
language from the Union contracts of the City of Neptune Beach, Jacksonville Beach,
Jacksonville, and the JEA to show how holiday pay was handled by those organizations..
5. (Exhibit A) attached). Mr. Worsham supported the current policy which provides that written
• warnings cannot be used for evaluation purposes after one year and written reprimands cannot
Page Three
i Minutes -Impasse Hearing
October 27, 2003
be used for evaluation purposes after two years. He thought that an employee who had not
received warnings or reprimands in the stated periods should be given an opportunity to
establish a clean record. Mr. Worsham also provided language from the Union contracts of
the City of Neptune Beach, Jacksonville, JEA and the Town of Orange Park to show how
those organizations handled disciplinary actions.
6. (Exhibit C attached). Mr. Worsham said he saw no reason to change the bereavement policy
that had worked for several years, and in any event, there were very few incidences of
employees receiving bereavement leave for first cousins, uncles, or aunts.
7. (Exhibit F attached). Mr. Worsham requested that the new contract be made retroactive to
October 1, 2003.
The written material provided by the City and the Union is attached to this official record as
Attachment 1 and Attachment 2 respectively.
Following rebuttal by both parties, the Mayor opened the floor and invited comments from the
• audience. Since no one spoke the Mayor closed the floor to public comments.
The City Commission then agreed to address each issue individually.
1. Hiring & Promotions (Article 29.3)
During discussion, Commissioner Waters said in the absence of a written test he thought seniority
should be considered; however, Mr. Foster pointed out that it would be difficult to have a written test
for such activities as painter, heavy equipment operator, building maintenance and others. In further
discussion the Commissioners agreed that while seniority was an important consideration and the City
would always consider a long term City employee, management needed the flexibility to hire the best
employees for the job.
Commissioner Borno moved to adopt the City's proposal regarding hiring and promotions.
(Hire and promote the most qualified applicant, not necessarily the most senior applicant). The
motion was seconded by Commissioner Parsons and on roll-call vote, the motion carried on a
vote of 4-1 with Commissioners Beaver, Borno, Parsons and Mayor Mescrve voting aye and
Commissioner Waters voting nay.
2. Advertising (Article 29.1}
• Commissioner Beaver moved to adopt the City's proposal regarding advertising job vacancies.
. Page Four
Minutes -Impasse Hearing
October 27, 2003
(Dispense with the 5-day in-house requirement and advertise vacancies based on the needs of the
City). The motion was seconded by Commissioner Borno
Following brief discussion of the current hiring procedures, on roll-call vote the motion carried on
a vote of 3-2 with Commissioners Borno and Parsons and Mayor Mcserve voting aye and
Commissioner Beaver and Waters voting nay.
3. Overtime (Article 17.2)
Commissioner Beaver moved to adopt the City's proposal on overtime (pay overtime after 40
hours worked, not on a daily basis). The motion was seconded by Commissioner Borno.
Commissioner Waters thought that the City's proposal did not provide as much flexibility for
employees as it did for the City, and that it would be cheaper for the City to pay overtime than to hire
part-time employees. Following further discussion, on roll-call vote, the motion carried on a vote
of 4-1 with Commissioners Beaver, Borno, Parsons and Mayor Meserve voting aye and
Commissioner Waters voting nay.
4. Holidays (Article 12.9)
Commissioner Borno moved to adopt the City's proposal on paid holidays (All full-time
employees to receive 80 hours of paid holiday}. The motion was seconded by Commissioner
Parsons. Discussion ensued regarding whether the City changed its position on this issue after
agreement had been reached between the Union and the City. Mr. Foster explained that tentative
agreement was reached on this issue during negotiations but when action was taken to change the
Employee's Birthday holiday to personal leave, the tentative agreement was withdrawn. On roll-call
vote, the motion carried on a vote of 3-2 with Commissioners Borno, Parsons and Mayor
Meserve voting aye and Commissioners Beaver and Waters voting nay.
S. Warnings and Reprimands (Article 9.9)
Commissioner Borno moved to adopt the City's proposal regarding written warnings and
written reprimands. (Delete the one and two year limit on written warnings and written reprimands,
respectively, and allow the City to utilize warnings and reprimands based upon an evaluation ofall the
facts). The motion was seconded by Commissioner Beaver. Commissioner Borno thought that
while written reprimands and warnings may not be used as a basis for evaluation if an employee has
established a good work record, such reprimands and warnings should remain as a matter ofrecord
throughout the employee's tenure with the City. On roll-call vote, the motion carried on a vote of
4-1 with Commissioners Beaver, Borno, Parsons and Mayor Meserve voting aye and
Commissioner Waters voting nay.
Page Five
Minutes -Impasse Hearing
October 27, 2003
6. Bereavement Leave (Article 16.2)
Commissioner Beaver moved to adopt the City's proposal regarding bereavement leave.
(Delete first cousin, aunt or uncle from the definition of family). The motion was seconded by
Commissioner Borno. Following brief discussion, on roll-call vote, the motion carried on a vote
of 3-2 with Commissioners Beaver, Borno, and Parsons, voting aye and Commissioner Waters
and Mayor Meserve voting nay.
7. Effective Date (Article 34)
The Mayor suggested that the contract be made effective this date if all issues were resolved. Mr.
Worsham requested that the contract be made retroactive to October 1. Mr. Foster said that while
pay issues could be calculated retroactively, it would be very difficult to make some administrative
changes retroactive to October 1.
Commissioner Waters moved to make pay retroactive to October 1, 2003, with all other issues
to become effective this date. On roll-call vote, the motion carried unanimously.
The Mayor declared the impasse resolved and adjournedit~~F¢neeting 6:35 p.m.
Meserve
4sidin~ Officer
ATTEST:
Maureen King, CMC
City Clerk
Attachment 1
Impasse Hearing -October 27, 2003
C~
J
Il~TDEX
SUMMARY
•
•
Sub'ect Ci Position Union Position
1 Art 29.3 Hire most qualified. Hire and/or promote most senior
Hiring Promote most qualified. Blue Collar union employee that
Promotions meets minimum ualifications.
2 Art 29.1 Advertise based upon the needs of Must advertise internally for 5
Advertising the City. workdays before advertising
outside.
3 Art 17.2 Pay overtime for hours worked Pay overtime for hours worked that
Overtime after 40 in a workweek. exceed the dail scheduled.
4 Art 12.9 All full time employees to be Provide 80 hours of holiday hours
Holidays treated equally and provided with off with pay if employee works an
80 hours of holiday hours off with 8 hour day and 100 hours of
pay. holiday hours off with pay if
em to ee works a 10 hour da .
5 Art 9.9 City should be allowed to utilize Cannot use written Warnings after
Warnings based upon an evaluation of all of 1 year.
Reprimands the facts. Cannot use written Reprimands
after 2 ears.
6 Art 16.2 Delete language on "first cousin, Maintain current provisions.
Bereavement aunt or uncle".
Leave
7 Art 34 After final Union contract with October 1, 2003
Effective Date impasse decisions is completed and
approved by the City Commission,
i.e., on/after November 10, 2003.
8 City Overall Recommendation
October 27, 2003 // Human Resources // George Foster
ITEM 1 -HIRING AND PROMOTION OF MOST QUALIFIED
•
•
CURRENT POLICY:
Union contract mandates that City must select the Blue Collar union employee with most
seniority that meets minimum qualifications; i.e., a strict seniority selection system.
CITY PROPOSAL:
City to determine the qualifications of applicants and allowed to select the most qualified
applicant.
If all things are comparable, current City employees will be given priority consideration over
other applicants of similar qualifications.
UNION PROPOSAL:
Retain current policy.
COMMENTS:
1. Must currently select or promote the most senior Blue Collar union employee that meets
minimum qualifications.
2. Prior City work experience does not count.
3. Other City employees, including other union employees, are not eligible for consideration or
selection.
4. Most qualified employee may not be eligible to apply or be selected for position.
5. Cannot advertise positions externally if there are Blue Collar union employees that desire
position and meet the minimum qualifications.
6. May cause internal dissatisfaction from other employees that may be more qualified when
another employee is promoted based upon length of service (seniority) and not promoted
based upon performance and/or overall qualifications.
OTIIER POLICIES:
General Employees: City proposed policy is current policy.
White Collar Union Employees: City proposed policy is current policy.
Police Union Employees: City proposed policy is current policy.
ARTICLE 29
JOB QUALIFICATIONS AND PROMOTIONS
29.1 Whenever a Full Time (FT) or Regular Part Time (RPT) job
opening occurs, other than a temporary opening in any
existing job classification, or as the result of the
development or establishment of a new FT or RPT job
classification, such jobs shall be advertised as indicated
below and a notice of such opening shall be posted ~'~-t.~s-~
~i~Fe-{-5 -a--~ on all appropriate
bulletin boards. A copy of the notices of job openings
will be g~e~~ forwarded to the appropriate union steward at
the time of posting for posting on all other authorized
union bulletin boards.
a. In-House Recruitment. When it has been determined that
in-house recruitment is likely to produce a sufficient
number of qualified applicants, the vacancy may be
advertised through in-house announcement only. In the
event a vacancy is posted in-house only, it will be
posted for five (5) workdays instead of fourteen (14)
calendar days. NOTE: Only Full Time and Regular Part
Time employees that have been previously selected
through the City competitive selection process may
apply for positions advertised in-house.
b. External Recruitment. Based upon the small number of
employees within most job classifications, and in order
to increase the number of applicants to select from,
most vacancies will be directly advertised both in-
house and externally at the same time.
29.2 For the purpose of this Agreement, a vacancy shall be
defined as an opening within any City FT or RPT job
classification i-n~-l-udc~i~ ~'.= '~,~~; „; „g~ri-t-Far'~;'~;'~ "'
- J --T~3?
for which funds have been appropriated.
29.3 Whenever a vacancy is posted, employees desiring to be
considered for such vacancy shall make written application
for the position on a City Employment Application no later
than the date and time indicated as the closing date/time
set forth on the posted vacancy announcement. The
appropriate Department Head shall interview all ~n~g
City employee applicants that meet the minimum
qualifications for the position prior to filling the
vacancy. ~ ~ ' ^-'^''^ ..=`_'~i r~-TY-F? har~a-i-ni n~ ~~rti_t ah:z~~~
--r r - - - --- - - - c+ -------~
City Proposal - For Impasse
City Proposal -June 25, 2003
City Proposal -September 3, 2003 -Only change is spelling in 29.4: sills to skills
r~
29.4 The appropriate Department Head shall make all
determinations of the qualifications of the applicants
applying for open or promotional positions, provided such
determination is limited to those factors required within
the job specifications for the position being filled.
Factors to be considered include, but are not limited to:
education, knowledge, skills, abilities, past performance,
work history, attendance, and seniority.
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=-eg~ri~e~Y-re-e~tp-~e~ee~ra=ai~g t-~s ^'- ~ `....,~_~'~-~~°
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ee~o~e~ed-~rd~-'~-~ag~eemetrt-~,~he a-gg~-~~Av ~ j. ..p„
p~em~~ae~s-i-~ re~rs~~~i phi-~t~e-ba-rg-a-~~g-nzz~~o=~'
p-~e~te-~e~~o=ewe-~h~r--agp3~~~-~s~r~=a-rdea .,, , ~r1 ; meant-~ ~-~P
During the selection
process, if all things are comparable with regards to the
above factors, current City employee(s) requesting a
promotion, or reassignment, will be given priority
consideration over other applicants of similar
alifications.
29.5 Nothing in this Article shall be construe
employees within the bargaining unit from
other vacant positions within the City of
d as precluding
applying for
Atlantic Beach.
City Proposal - For Impasse
City Proposal -June 25, 2003
City Proposal -September 3, 2003 -Only change is spelling in 29.4: sills to skills
ITEM 2 -ADVERTISING OF POSITIONS
LJ
•
CURRENT POLICY:
Blue Collar union positions must be advertised for at least five (5) workdays internally. Cannot
advertise externally until after internal advertising.
If there are Blue Collar union employees that apply for position that meet the minimum
qualifications, must select them for the position.
CITY PROPOSAL:
City to advertise internally and/or externally based upon vacant position and needs of the City.
UNION PROPOSAL:
Retain current policy.
COMMENTS:
1. Current system does not allow for flexibility in advertising for vacant positions.
2. Current system often delays the advertising of a position by more than five (5) workdays.
3. Current system often results in position being vacant longer and can increase overtime costs
for use of other employees while position is being filled.
OTHER POLICIES:
General Employees: City proposed policy is current policy.
White Collar Union Employees: City proposed policy is current policy.
Police Union Employees: City proposed policy is current policy.
•
ARTICLE 29
JOB QUALIFICATIONS AND PROMOTIONS
29.1 Whenever a Full Time (FT) or Regular Part Time (RPT) job
opening occurs, other than a temporary opening in any
existing job classification, or as the result of the
development or establishment of a new FT or RPT job
classification, such -jobs shall be advertised as indicated
below and a notice of such opening shall be posted ,a~~-t
#i~~-~~ ^' ^~a^ a^--^ sj ~ a=.cc on all appropriate
bulletin boards. A copy of the notices of job openings
will be ~ forwarded to the appropriate union steward at
the time of posting for posting on all other authorized
union bulletin boards.
a. In-House Recruitment. When it has been determined that
in-house recruitment is likely to produce a sufficient
number of qualified applicants, the vacancy may be
advertised through in-house announcement only. In the
event a vacancy is posted in-house only, it will be
posted for five (5) workdays instead of fourteen (14)
calendar days. NOTE: Only Full Time and Regular Part
Time employees that have been previously selected
through the City competitive selection process may
apply for positions advertised in-house.
b. External Recruitment. Based upon the small number of
employees within most job classifications, and in order
to increase the number of applicants to select from,
most vacancies will be directly advertised both in-
house and externally at the same time.
29.2 For the purpose of this Agreement, a vacancy shall be
defined as an opening within any City FT or RPT job
classification i~l~ded-in ~ = ~_,,-i-n~n~-~~~'
for which funds have been appropriated.
29.3 Whenever a vacancy is posted, employees desiring to be
considered for such vacancy shall make written application
for the position on a City Employment Application no later
than the date and time indicated as the closing date/time
set forth on the posted vacancy announcement. The
appropriate Department Head shall interview all L.,~~-.;,,;„~
"- J -' - _----.:J
~ City employee applicants that meet the minimum
qualifications for the position prior to filling the
vacancy. ,,,..., --- ='~= ---t''-==-- ,~'"= '=__ " _---- " ---.. _~..,, , ~.~
r~~ „~
City Proposal -For Impasse
City Proposal -June 25, 2003
City Proposal -September 3, 2003 -Only change is spelling in 29.4: sills to skills
29.4 The appropriate Department Head shall make all
determinations of the qualifications of the applicants
applying for open or promotional positions, provided such
determination is limited to those factors required within
the job specifications for the position being filled.
Factors to be considered include, but are not limited to:
education, knowledge, skills, abilities, past performance,
work history, attendance, and seniority.
, -~~
ee~*~-~~e~t~i s- ague-emend-whe amp 1-y-€e
,
During the selection
process, if all things are comparable with regards to the
above factors, current City employee(s) requesting a
promotion, or reassignment, will be given priority
consideration over other applicants of similar
alifications.
29.5 Nothing in this Article shall be construed as precluding
employees within the bargaining unit from applying for
other vacant positions within the City of Atlantic Beach.
City Proposal - For Impasse
City Proposal -June 25, 2003
City Proposal -September 3, 2003 -Only change is spelling in 29.4: sills to skills
ITEM 3 -OVERTIME
P LI Y:
CURRENT O C
Overtime is paid for all hours worked that exceed 8 in any one workday.
CITY PROPOSAL:
Initial City proposal: Overtime be paid for all hours worked over 40 in any 7 consecutive
calendar day City established work period.
Current City proposal: Overtime be paid for all hours worked over 40 in any 7 consecutive
calendar day City established work period. Employee's paid holidays taken, paid compensatory
time taken, personal leave taken and other approved paid leave taken, except donated leave, shall
be included as "hours worked" for the purpose of overtime payment.
UNION PROPOSAL:
Overtime be paid for all hours worked that exceed the employee's normal scheduled workday.
COMMENTS:
1. The Fair Labor Standards Act (FLSA) requires overtime to be paid after 40 hours worked
within a seven (7) consecutive calendar day work period.
2. Pension Committee recommended that overtime be paid based upon Hours worked over 40
within a seven (7) consecutive calendar day City established work period.
3. Change will allow City to provide flexible work schedules, improving employee morale.
4. Change will allow employees to work a flexible work schedule providing the employee the
ability to meet family obligations and improve employee morale.
OTHER POLICIES:
General Employees: City proposed policy is current policy.
White Collar Union Employees: City proposed policy is current policy.
Police Union Employees: Contract being negotiated.
•
ARTICLE 17
HOURS OF WORK AND OVERTIME
17.1 The purpose of this Article is to define hours of work
but nothing in this Agreement shall be construed as a
guarantee or limitation of the number of hours to be
worked per day, days per week, or for any other period
of time, except as may be specifically provided herein.
17.2 Unless changed by the City, forty (40) hours shall
constitute a normal workweek for an employee covered by
this Agreement, except as hereinafter provided.
Nothing herein shall guarantee an employee payment for
a forty (40) hour work period unless the employee
actually worked a forty (40) hour workweek or his
actual hours worked and his authorized compensated
leave totals forty (40) hours. For the purpose of this
Agreement, authorized compensated leave shall mean
holidays on which the employee is excused from work,
bereavement leave, jury duty, and any other leave paid
for and authorized by the City.
Overtime will be compensated at time and one-half (1-
1/2) for all hours worked in excess of e~.-g-fit-(-S~ ~a
-~ he-emp-~e~e 1~~9 ehed~t-~e~e~ f o r ty ( 4 0 )
hours within any seven (7) consecutive calendar day
City established work period. Compensation for
overtime hours worked shall be paid to the employee
during the same pay period in which it is worked,
providing the paperwork is delivered to the appropriate
payroll office in a timely manner to process for that
pay period. Employee's paid holidays taken, paid
compensatory time taken, personal leave taken and other
approved paid leave taken, except donated leave, shall
be included as "hours worked" for the purpose of
overtime payment.
17.3 The City shall have the discretion to compensate for
overtime hours worked in the form of cash or
compensatory time. Should the City decide to
compensate the employee in the form of cash, the
employee shall be paid at the rate of one and one-half
(1~) the employee's regular rate of pay for each
overtime hour worked. Should the City decide to
City Proposal - For Impasse
• City Proposal -June 25, 2003
City Proposal -Change 1, September 3, 2003 - Changes in Bold Italics
compensate the employee in the form of compensatory
time, the employee shall be credited with one and one-
half (1~) hour of compensatory time for each overtime
hour worked.
17.4 Employees shall not be able to accumulate more than
fifty (50) hours of compensatory time. Once the cap is
reached compensation will be in the form of cash
payment only.
17.5 An employee who has accrued compensatory time will be
permitted to use the time off within.a reasonable
period after making a request to use same, provided it
does not unduly disrupt the operations of the City.
Requests to use compensatory time must be made in
writing to the employee's supervisor.
17.6 At any time the City, in its sole discretion, may
determine to substitute cash, in whole or in part, for
compensatory time.
17.7 Should an employee voluntarily switch shifts with
another employee for the employee's convenience, no
overtime compensation will be payable and the hours the
employee worked as a substitute shall be excluded by
the City in the calculation of the hours for which the
employee is entitled to overtime compensation. All
such shift trading must be approved by the immediate
supervisors prior to the trade and the period during
which time is traded and paid back must not exceed
twelve (12) months. Hours worked by the volunteer
substitute employee will be paid to the employee that
was regularly scheduled to work and not to the
volunteer substitute employee. The volunteer
substitute employee must make arrangements with the
employee he is replacing for any compensation.
17.8 Nothing in this Article shall require payment for
overtime hours not worked, except as provided herein.
In calculating the amount of overtime compensation due
an employee, only hours actually worked shall be
counted. Additionally, paid holidays taken, paid
compensatory time taken and paid personal leave taken
and other approved paid leave taken, except donated
leave, shall be included as hours worked for purposes
of overtime payment ~e~e~ea-~. Premium payments shall
not be duplicated for the same hours worked under any
City Proposal -For Impasse
City Proposal -June 25, 2003
City Proposal -Change 1, September 3, 2003 - Changes in Bold Italics
~_~
•
of the terms of this Agreement.
17.9 All employees shall be required to report to work on
time, shall not leave the job early, shall be prompt in
reporting to their assigned duties, and shall
faithfully perform their duties.
17.10 Employees covered by this Agreement shall be given
forty-eight (48) hours notice of any change in their
regular hours of work, unless an unscheduled absence by
another employee or circumstances necessitate a quicker
change.
17.11 The appropriate Department Head is authorized to
schedule employees on a "task basis".
17.12 There will be no duplication of premium payments and no
claims that provide for "overtime on overtime".
17.13 An employee who has left his normal place of work and
who is "called-back" for overtime work shall receive a
minimum payment of two (2) hours at time and one-half
(134) the employee's regular rate of pay or the actual
hours worked at time and one-half (134), whichever is
greater. Employees shall be compensated for additional
call backs as provided herein if the employee has
completed the call back assignment and has left his
place of work prior to receiving another call back.
Prearranged overtime shall not constitute a "call
back". This Section shall not apply if hours worked as
a result of a call back extend into the start of the
employee's regular work period.
Employee's who report to work for scheduled overtime
shall receive a minimum payment of two (2) hours at one
and one-half (1-1/2) times her/her regular rate.
17.14 Upon proof of attending court pursuant to subpoena or
other court order involving a job-related case, not as
a plaintiff in litigation against the City, an off-duty
employee will receive pay equal to one and one-half
(134) times the employee's regular straight time hourly
rate of pay for the hours he attends court. Provided,
that such employee shall receive a minimum of two (2)
hours pay at the rate of one and one-half (134) the
employee's regular straight time hourly rate for such
attendance. The City reserves the right to institute
City Proposal - For Impasse
• City Proposal -June 25, 2003
City Proposal - Change 1, September 3, 2003 - Changes in Bold Italics
any procedure or system it deems appropriate to
measure, record, and/or verify attendance and duration
of off-duty court appearance. In the event any
employee claims time not actually spent in off-duty
court appearance, he may be discharged or disciplined.
The employee will sign over all subpoena and witness
fees, excluding travel fees, unless City transportation
is furnished in which case such travel fee will be
signed over to the City.
17.15 No employee shall authorize overtime for himself but
shall be entitled to work overtime as assigned or
authorized by the appropriate Department Head. It is
understood that the City has the right to schedule
overtime work as needed, and in a manner most
advantageous to the City.
17.16 Overtime hours shall be distributed as nearly equal as
possible among employees as long as such sharing will
not delay or increase the cost of the City's
operations.
17.17 Employees required to be accessible by telephone and
not performing actual work, but in readiness to perform
work when the need arises, shall be considered to be on
standby. If the employee performs actual work during
the standby period, the employee shall be considered to
have received a call-out, and shall be paid in accord
with Article 17.13.
Any employee designated by the Employer to be on
standby duty shall receive one-hundred ($100.00)
dollars in addition to his normal bi-weekly pay for
each week the employee is required to be available on
standby duty for a minimum of seven (7) consecutive
days. To be eligible for standby compensation, the
employee must meet the following criteria;
1. The employee must respond by phone within twenty
(20) minutes of receiving page.
2. The employee must arrive at job site within one
(1) hour of returning page by phone to the
Employer.
3. Employees that take Personal Leave during the
standby period must be available for call-back and
City Proposal - For Impasse
• City Proposal -June 25, 2003
City Proposal -Change 1, September 3, 2003 - Changes in Bold Italics
able to response within the above time frames.
f hours or more
17.18 An employee who has worked sixteen (16)
in a twenty-four (24) hour period, or eight (8) hours
or more overtime in the sixteen (16) hour period
immediately preceding his/her normal workday shall upon
release, be entitled to an eight (8) hour rest period
before he/she returns to work. If the employee is
called back to work without completing his/her eight
(8) hour rest period, he/she shall be compensated at
the overtime rate of one and one-half (1 ~) times
his/her regular rate of pay for all hours worked,
commencing from the time he/she reports back to work
and ending when he/she is released for an eight (8)
hour rest period.
17.19 All employees shall be provided with at least a one-
half (~) hour lunch break which shall be the employee's
own time. If the employee is required to work their
lunch break, the employee shall be compensated as
provided within this Article.
Employees shall be provided with two (2) fifteen (15)
minute break periods with pay. The first break shall
be taken within the first four (4) hours of work and
the second during the last four (4) hour period of
work.
City Proposal - For Impasse
City Proposal -June 25, 2003
City Proposal - Change 1, September 3, 2003 - Changes in Bold Italics
ITI+JM 4 -HOLIDAYS
CURRENT POLICY:
Employees receive holidays based upon the number of hours that conform to their work shift. .
Thus employees that work an 8 hour day receive ten holidays at 8 hours each or 80 hours of
holiday hours off with pay and employees that work a 10 hour day would receive ten holidays at
10 hours each or 100 hours of holiday hours off with pay.
If a holiday falls on a non-work day, the employee is provided another day off to be taken at a
later date, paid for the holiday, or provided compensatory time for the holiday.
Note: The City does not currently have any Blue Collar union employees that work a 10 hour 4
day workweek.
CITY PROPOSAL:
Since all full time employees work 2,080 hours per year, the City should provide all full time
employees with 80 hours of holiday time off with pay regardless of their workday.
UNION PROPOSAL:
Retain current policy.
COMMENTS:
1. There are currently no Blue Collar union employees that have a 10 hour 4 day workweek.
2. All Full Time employees work 2080 hours a year and should be given equal holiday time off
with pay for equal hours worked.
3. City needs flexibility to allow employees to work a 10 hour 4 day workweek without having
to provide such employees a "windfall" of an extra 20 hours of holiday hours off with pay.
4. If an employee were to work a 10 hour 4 day workweek, some holidays would be on days
that the employee was not scheduled to work; however, employees would be paid for these
holidays at 10 hours per holiday.
OTHER POLICIES:
General Employees: City proposed policy is current policy.
White Collar Union Employees: City proposed policy is current policy.
Police Union Employees: Contract being negotiated.
•
•
ARTICLE 12
HOLIDAYS
12.1 The following are recognized as holidays under the terms of this Agreement.
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
January 1st
3rd Monday in January
3rd Monday in February
Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Thanksgiving Day 4th Thursday in November
Friday after Thanksgiving Day
Christmas Eve December 24th
Christmas Day December 25th
Any day that the City Commission may designate
~_~
Whenever a holiday falls on Saturday, it shall be observed on the
preceding Friday. When a holiday falls on Sunday, the following Monday
will be observed as the holiday. ~Eept~e~-If ~-~h-~=ist.T.-~L-v~~
For employees 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
NOTE: Full time employees shall be entitled to a maximum of 8 hours per
holiday (80 hours per year) of holiday leave and/or holiday pay.
12.2 Whenever an observed holiday occurs on an employee's scheduled day off, the
Employer shall schedule the employee to take a day off at another day mutually
agreed to, or compensate him at straight time rate in order to equalize the
observed legal holidays in Section 12.1.
City Proposal -For Impasse
City Proposal -June 25, 2003
City Proposal -Change 1 -July 23, 2003
City Proposal -Change 2 -August 7, 2003
City Proposal -Change 3 -September 3, 2003
City Proposal -Change 4 -September 10, 2003 -Clarification in Bold Italics
12.3 Employees who work on the observed holiday shall receive, in addition to their
regular straight time hourly rate of pay, at the Employer's discretion, either one
and one-half (1 %2) of the employee's regular hourly rate of pay, or one and one-
half (1 %Z) hours of compensatory time hour-for-hour for each hour worked during
..~,
the declared holiday. ~...r'..,, °_'....'_.c ~...r'_ t~ ~.. __1_ ,,,,_+1,°_r 1,•,-+,,an. _n±h°r tl;LL.,
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-- --"- ------- '-'---- - -- - ~ ---v ---- - - - -
12.4 In order to be eligible for holiday pay or compensatory time the employee must
have worked the last scheduled working day immediately prior to the observed
holiday and the first 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 certificate, or other paid absences excused
by the appropriate Department Head.
12.5 Employees who have been assigned holiday work and fail to report for and
• perform such work without reasonable cause shall not receive pay for the holiday
or compensatory time.
12.6 Employees who are on leave of absence= er layoff, on in a non-pay status on the
day on which such holiday is observed shall not receive pay for the holiday or
compensatory time.
12.7 For purposes of this Article, all holidays shall commence at 12:01 a.m. on the date
the holiday is observed (as set forth in Section 12.1) and continue for twenty-four
(24) uninterrupted hours.
12.8 The accrual and pay-out of compensatory time under this Section shall be
governed by the provisions of Article 17.
12.9 Those employees who work
day-sl~aJl-li-ave a holiday +',^+ ^ „~ r„,n +^ +1,°ir .,,°r'~ n^',°,1„'° and if paid ~€
pa~tel~ for such time or any portion thereof is mutually agreed to in lieu of time
off, then the employee shall be paid at time and one-half (1-1/2) for ~ese all
hours worked and paid 8 hours holiday pay, but in no event shall the employee
receive, in either pay or time off, an amount in excess of double time and one-half
(2-1/2) for 8 holiday hours cJ.
City Proposal -For Impasse
City Proposal -June 25, 2003
City Proposal -Change 1 -July 23, 2003
City Proposal -Change 2 -August 7, 2003
City Proposal -Change 3 -September 3, 2003
City Proposal -Change 4 -September 10, 2003 -Clarification in Bold Italics
12.10 Temporary employees shall not normally be utilized to perform work on one of
the holidays listed in Section 12.1. The Employer may utilize temporary
employees to work the above holidays only after employees performing similar
work within the designated bargaining unit have first been given the opportunity
to work, and have declined said assignment.
L_J
City Proposal -For Impasse
City Proposal -June 25, 2003
City Proposal -Change 1 -July 23, 2003
City Proposal -Change 2 -August 7, 2003
City Proposal -Change 3 -September 3, 2003
City Proposal -Change 4 -September 10, 2003 -Clarification in Bold Italics
ITEM 5 -WRITTEN WARNINGS & WRITTEN REPRIMANDS
T POLICY:
CURREN
Written warnings. Can only be retained and utilized in disciplinary actions for one year.
Normally a written warning is a verbal warning that has been documented in writing but not filed
within the employee's official City personnel records.
Written reprimands. Can only be retained and utilized in disciplinary actions for two years.
Normally filed within an employee's official City personnel record.
CITY PROPOSAL:
Delete the exclusion time periods for written warnings and written reprimands.
UNION PROPOSAL:
Retain current policy.
COMMENTS:
Prior disciplinary actions should not automatically be excluded from use by the City based solely
on the date that the incident occurred. There are many variables with employee disciplinary
actions and the City needs the flexibility to determine the use, or nonuse, of prior disciplinary
actions on a case-by-case basis. Employees, and the Union, have a right to submit a grievance if
the City uses prior disciplinary actions inappropriately.
OTHER POLICIES:
General Employees: City proposed policy is current policy.
White Collar Union Employees: City proposed policy is current policy.
Police Union Employees: City proposed policy is current policy.
•
ARTICLE 9
E
DISCHARGE AND DISCIPLIN
9.1 The Employer shall not discharge, suspend or otherwise
discipline employees except for just cause, and in no
event until the employee has been furnished with a
written statement of the charges and the reason or
reasons for such action. Any dispute over suspension,
discharge, or other disciplinary action may be
submitted to the grievance procedure as set forth in
Article 10 (See Article 7 for exception). The Employer
shall consider, among other things, the seriousness and
frequency of offenses when determining the appropriate
discipline, which may include a warning, suspension or
immediate discharge. Employees are not entitled to a
particular number of warnings prior to the imposition
of discipline, including discharge.
9.2 The following acts shall be grounds for discipline, up
to and including discharge:
(a) Falsifying statements or records;
(b) Stealing;
(c) Drinking or possessing alcoholic beverages while
on duty;
(d) Possessing, using or selling a controlled
substance, including but not limited to,
narcotics, marijuana, or barbiturates, other than
that prescribed by a physician for the employee;
(e) Being under the influence of a controlled
substance other than that prescribed by a
physician for the employee, or being under the
influence of an alcoholic beverage;
(f) Recklessness or negligence while on duty;
(g) Violation of the no strike provisions of this
Agreement;
(h) Violation of a work rule or regulation;
(i) Failure to immediately report vehicle accidents
involving damage to any City property;
City Proposal -For Impasse
City Proposal -June 25, 2003
(j) Conduct that could bring discredit to the
Employer;
(k) Having committed and/or convicted for a felony,
driving while under the influence of alcohol, or
narcotic substances, crime involving moral
turpitude, or a misdemeanor involving perjury or a
false statement, or a misdemeanor evidencing bad
moral character;
(1) Leaving the working area during working hours
without authorization;
(m) Sleeping during working time;
(n) Fighting, wrestling, horseplay, or any other act
which might interfere with the safe or efficient
operation of the Employer;
(o) Unauthorized absence;
(p) Unauthorized tardiness;
(q) Repeated failure to achieve a satisfactory
evaluation of work performance;
(r) Refusal to cooperate during an investigation;
(s) Insubordination; or
(t) Conduct unbecoming a city employee.
The foregoing enumeration of grounds for discipline, up
to and including discharge, is by way of illustration
and shall not be deemed to exclude management's right
to discharge or otherwise discipline employees for any
other just cause.
9.3 Disciplinary Actions
(a) All disciplinary actions shall normally be
progressive. Written warning notices shall normally
be provided to employees prior to the issuance of
discipline. The following are intended as examples
of disciplinary actions:
1. Reprimand given in writing.
• City Proposal - For Impasse
City Proposal -June 25, 2003
•
2. Suspension without pay.
3. Dismissal.
9.4 Notwithstanding the provisions of 9.1, the
Employer may suspend or discharge an employee
immediately for being under the influence of
alcohol and/or drugs pursuant to Articlel 27 of
this Agreement; disorderly and/or disruptive
conduct, without the necessity of a letter of
reprimand prior to suspension or discharge,
provided however that a written statement of the
charges and the reason or reasons for such action
shall be delivered to the employee within five (5)
days of the actual suspension or discharge.
•
9.5 Employees shall have the right to review their
official personnel file upon reasonable request to
the Employer.
9.6 A copy of the written reprimand shall be furnished
to the employee at the time the reprimand is
presented to the employee.
9.7 The employee shall have the opportunity to submit
a written statement responding to any reprimand
issued. The statement shall be limited to the
facts and issues regarding the specific reprimand
at issue. The employee's responding statement will
be entered in the personnel file, attached to the
reprimand. In the event the employee's responding
statement addresses issues other than the facts
and issues regarding the specific reprimand at
issue, it may be returned to the employee by the
Human Resource Manager with a letter explaining
the reasons it was not accepted.
9.8 When an employee is questioned by the Employer, the
Employer shall advise the employee if the questioning
may lead to disciplinary action against him. The
employee then has the right to request that a union
representative be present at the meeting. When an
employee requests union representation pursuant to this
section, and a union representative is not immediately
available, the Employer shall postpone the meeting for
a reasonable time in order for the employee to obtain
City Proposal -For Impasse
City Proposal -June 25, 2003
union representation.
°~-°-CC~-P~9 rar_ ~ a_. @~i-i~3-~Pl-~~t~r i-n-_^s-~.~ l~vra ~ a n,ar~ g nn n P ~ ~~ '1 P
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93~^~ E'~i$e ~a/9-~3-~ caaiisr6 r rl i ss rs-i n-l i n a rv a rsi_ ti ns~
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~r~~~ . . e~irrRt3i~~-W`~~9~9.9~e~-,~3~
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d-~e e~3~ra~-tae-~re~-~g~a-mss t-~ri~t-€e Y ; ,
e-r~-~.-3~~~~-~e~ s ; +. ~, ; .. ~, a-t-~~e-{-fix-f rte,
#~ ~~~e--8f the wri t_4_an-rc_rKi snar~~i ,
9.3-9 Employees subject to dismissal or suspension shall
have the right to a pre-disciplinary hearing. The
hearing shall be conducted by the appropriate
Department Head. The pre-disciplinary hearing
shall be conducted prior to discharge or
suspension. The employee may request that the
appropriate union steward be present at the
hearing along with the supervisor who has made the
charge. This section shall not apply to
circumstances covered under Section 9.4. The
union steward and the employee shall receive
written notice of the charges against the employee
twenty-four (24) hours in advance of the hearing.
A waiver of hearing shall be attached to the
notice and the employee may waive his right to
such hearing.
9.10 Derogatory information, including disciplinary or
detrimental documents, will not be entered into an
employee's official personnel records unless the
• City Proposal - For Impasse
City Proposal -June 25, 2003
following has been accomplished:
(a) The employee is notified:
1. that the information is to be filed
within their official personnel records,
and
2. Of their right to submit a grievance if
they disagree with the action, and
(b) The employee is given a copy of the
information, and
(c) The employee is given an opportunity to
submit information in rebuttal to derogatory
information, and
(d) The employee has been asked to acknowledge
that such a document is being placed into
their official personnel file.
City Proposal - For Impasse
City Proposal -June 25, 2003
ITEM 6 -BEREAVEMENT LEAVE
URRENT POLICY:
C
Employees covered by this agreement maybe granted, upon approval of the appropriate
Department Head, time off with pay not to exceed three (3) calendar days, in the event of a death
in the employee's immediate family for the purpose of attending the funeral of the deceased
relative.
The employee's immediate family shall be defined as the employee's spouse, father, mother, son,
daughter, brother, sister, father-in-law, mother-in-law, grandparents, grandchildren and any other
member of kinship who may be residing under the same roof with an employee during the time
of death.
Upon request and subject to the approval of the City Manager, employees maybe granted
bereavement leave as provided in 16.1 to attend the funeral of the employee's first cousin, aunt
or uncle.
CITY PROPOSAL:
Delete the 3rd paragraph above, i.e.: "Upon request and subject to the approval of the City
Manager, employees maybe granted bereavement leave ... to attend the funeral of the
employee's first cousin, aunt or uncle."
UNION PROPOSAL:
Retain current policy.
COMMENTS:
Current policy is misleading and results in employees expecting bereavement leave upon the
death of a first cousin, aunt or uncles. When such is not approved, employees become upset and
dissatisfied.
OTHER POLICIES:
General Employees: City proposed policy is current policy.
White Collar Union Employees: City proposed policy is current policy.
Police Union Employees: City proposed policy is current policy.
•
ARTICLE 16
BEREAVEMENT LEAVE
16.1 Employees covered by this agreement may be granted, upon approval of
the appropriate Department Head, time off with pay not to exceed three
(3) calendar days, in the event of a death in the employee's immediate
family for the purpose of attending the funeral of the deceased relative.
16.2 The employee's immediate family shall be defined as the employee's
spouse, father, mother, son, daughter, brother, sister, father-in-law,
mother-in-law, grandparents, grandchildren and any other member of
kinship who maybe residing under the same roof with an employee during
the time of death.
aaln , ho .. a,tn~l hnrnnarnm naaF l on vn_n c_aa r_nati rl o.l • 1 f '~ _ Fn
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7
16.3 Funeral leave or bereavement leave shall be leave with full pay and
benefits and shall not be charged to personal leave days.
16.4 The employee may be required to provide the appropriate Department
Head with verification of death before compensation is approved.
City Proposal -For Impasse
City Proposal -June 25, 2003
ITEM 7 -EFFECTIVE DATE
NT POLICY:
CURRTJ
None.
On June 10, 2003, prior to the start of union negotiations, the union was advised that "it is the
City's policy that contract changes will not be effective retroactively but will become effective
on the date that the contract is approved by the City Commission."
CITY PROPOSAL:
Recommend effective date be established as the date that the City Commission approves final
contract with impasse items, i.e., on/after November 10th.
UNION PROPOSAL:
Establish effective date as October 1, 2003.
COMMENTS:
1. Unless there are extenuating circumstances, provisions of union contract should not be
retroactive as there are numerous legal and administrative issues in making contract policies
and procedures retroactive. In this case, the City knows of no extenuating circumstances.
2. If retroactivity is approved by the City Commission, only employee pay should be retroactive
to October 1, 2003. Other provisions of the contract, such as, conversion of birthday holiday
to personal leave, cannot be implemented retroactively without administrative problems.
OTHER POLICIES:
General Employees: Effective date for all policies is as determined by City Commission.
White Collar Union Employees: Contract completed on October 2, 2003 and approved by City
Commission on October 13, 2003 with effective date of October 1, 2003. Retroactive
approval of provision supported by City as contract completed on October 2, 2003; however,
the earliest City Commissioner meeting was October 13, 2003. This action did not affect any
pay periods as the first pay period including the contract changes was October 17, 2003 and
there were no retroactive policy changes.
Police Union Employees: Final contract still pending. Effective date of contract provisions will
be determined by City Commission.
r~
~~
•
ARTICLE 34
DURATION OF AGREEMENT
34.1 This Agreement shall commence and become effective on Ac~eber~
3000 ,and shall continue in full force and
effect until midnight of the thirtieth day of September ?A9-3~ 2006. Either
party may reopen Wages and three (3) other Articles of their choice in
2004 and 2005 .. .. ~. If either party desires to negotiate a
successor agreement, it may do so by giving the other party written notice
to that effect.
34.2 The parties agree that this Agreement shall only apply to active employees
who are members of the bargaining unit on the date of approval. 8n-Ey
A~t~~le-2 ~-I~v~l-1}e->yet-ire~e~i~c-~e-A~t~l~e~~3S03:
'2~ Z Tl a,-oo *l,.,t , A „t 1,.,11 l,o
~~~iG pai~ES-ubrc~rriAC-up@i~~~F~tt'eH-H9~c°~ th~rrgi-c2i~crir~zurx-vc
f''1.,~~;4;.,.,r;.,„ .,„rl D.,,, Ct,,.l,. ,,,1,;..1, , .,t ; ,-.,ro.l ;„t., •1,;~
A „ „t
•
l~
u
City Proposal -For Impasse
City Proposal -June 25, 2003
SIGNATURE PAGE
IN WITNESS THEREOF, the parties have caused this Agreement to be signed in their
respective names by their respective representatives and have executed this Agreement
this day of October, 2001.
FOR THE CITY:
Jim Hanson
City Manager
630
George Foster
Negotiator, City of Atlantic
Beach
City Proposal -For Impasse
City Proposal -June 25, 2003
FOR THE UNION:
William A. Worsham
Business Manager, Local
Jack D. Baldwin
Negotiator, Loca1630
Desmond Green
Negotiator, Local 630
Mike Fields
Negotiator, Loca1630
CITY
•
1~.1
RECOMMENDATION
THAT THE CITY COMMISSION APPROVE THE
CITY RECOMMENDATIONS ON IMPASSE ITEMS
AS PERTAINS TO THE LOCAL 630 "BLUE
COLLAR" UNION CONTRACT ON:
ART 29 PROMOTIONS &
HIRING
ART 29 ADVERTISING
ART 17 OVERTIME PAY
ART 12 HOLIDAYS
ART 9 WRITTEN WARNINGS &
WRITTEN REPRIMAND S
ART 16 BEREAVEMENT LEAVE
ART 34 EFFECTIVE DATE
Attachment 2
Impasse Hearing -October 27, 2003
•
COMPOSITE EXIIIBIT
IMPASSE HEARING
~N~RNAT~O^~
~GNGq "V
lvQ~ ` ~ ~ °a 9~
m ~ ~~` G
g ~ ~ z°
°nh A~'~`e~
• NORTHEAST FLORIDA PUBLIC ENII'LOYEE'S
LOCAL 63 0, AFL-CIO
MONDAY, OCTOBER 27, 2003
EXHIBIT A
ARTICLE 9
DISCHARGE AND DISCIPLINE
9.1 The Employer shall not discharge, suspend or otherwise
discipline employees except for just cause, and in no event
until the employee has been furnished with a written
statement of the charges and the reason or reasons for such
action. Any dispute over suspension, discharge, or other
disciplinary action may be submitted to the grievance
procedure as set forth in Article 10 (See Article 7 for
exception). The Employer shall consider, among other things,
the seriousness and frequency of offenses when determining
the appropriate discipline, which may include a warning,
suspension or immediate discharge. Employees are not
entitled to a particular number of warnings prior to the
imposition of discipline, including discharge.
9.2 The following acts shall be grounds for discipline, up to
and including discharge:
(a) Falsifying statements or records;
(b) Stealing;
(c) Drinking or possessing alcoholic beverages while on
duty;
(d) Possessing, using or selling a controlled substance,
including but not limited to, narcotics, marijuana, or
barbiturates, other than that prescribed by a physician
for the employee;
(e) Being under the influence of a controlled substance
other than that prescribed by a physician for the
employee, or being under the influence of an alcoholic
beverage;
(f) Recklessness or negligence while on duty;
(g) Violation of the no strike provisions of this
Agreement;
(h) Violation of a work rule or regulation;
(i) Failure to immediately report vehicle accidents
involving damage to any City property;
(j) Conduct that could bring discredit to the Employer;
15
(k) Having committed and/or convicted for a felony, driving
. while under the influence of alcohol, or narcotic
substances, crime involving moral turpitude, or a
misdemeanor involving perjury or a false statement, or
a misdemeanor evidencing bad moral character;
(1) Leaving the working area during working hours without
authorization;
(m) Sleeping during working time;
(n) Fighting, wrestling, horseplay, or any other act which
might interfere with the safe or efficient operation of
the Employer;
(o) Unauthorized absence;
(p) Unauthorized tardiness;
(q) Repeated failure to achieve a satisfactory evaluation
of work performance;
(r) Refusal to cooperate during an investigation;
(s) Insubordination; or
(t) Conduct unbecoming a city employee.
The foregoing enumeration of grounds for discipline, up to
and including discharge, is by way of illustration and shall
not be deemed to exclude management's right to discharge or
otherwise discipline employees for any other just cause.
9.3 Disciplinary Actions
(a) All disciplinary actions shall normally be progressive.
Written warning notices shall normally be provided to
employees prior to the issuance of discipline. The
following are intended as examples of disciplinary
actions:
1. Reprimand given in writing.
2. Suspension without pay.
3. Dismissal.
9.4 Notwithstanding the provisions of 9.1, the Employer may
suspend or discharge an employee immediately for being
16
• under the influence of alcohol and/or drugs pursuant to
Article 27 of this Agreement; disorderly and/or
disruptive conduct, without the necessity of a letter
of reprimand prior to suspension or discharge, provided
however that a written statement of the charges and the
reason or reasons for such action shall be delivered to
the employee within five (5) days of the actual
suspension or discharge.
9.5 Employees shall have the right to review their official
personnel file upon reasonable request to the Employer.
9.6 A copy of the written reprimand shall be furnished to
the employee at the time the reprimand is presented to
the employee.
9.7 The employee shall have the opportunity to submit a
written statement responding to any reprimand issued.
The statement shall be limited to the facts and issues
regarding the specific reprimand at issue. The
employee's responding statement will be entered in the
personnel file, attached to the reprimand. In the
event the employee's responding statement addresses
issues other than the facts and issues regarding the
specific reprimand at issue, it may be returned to the
employee by the Human Resource Manager with a letter
explaining the reasons it was not accepted.
9.8 When an employee is questioned by the Employer, the
Employer shall advise the employee if the questioning
may lead to disciplinary action against him. The
employee then has the right to request that a union
representative be present at the meeting. When an
employee requests union representation pursuant to this
section, and a union representative is not immediately
available, the Employer shall postpone the meeting for
a reasonable time in order for the employee to obtain
union representation.
9.9 (a) No written warning in an employee's personnel file
shall be used as a basis for disciplinary action if;
1. More than one (1) year has past since the written
warning was issued; and
2. the employee has not received any other
disciplinary action against him for similar or
like matters within that one (1) year from the
date of the written warning.
17
(b) No written reprimand in an employee's personnel file
shall be used as a basis for further disciplinary
action if;
1. More than two (2) years has past since the
written reprimand was issued; and
2. the employee has not received any other
disciplinary action against him for similar or
like matters within that two (2) year from the
date of the written reprimand.
9.10 Employees subject to dismissal or suspension shall have
the right to a pre-disciplinary hearing. The hearing
shall be conducted by the appropriate Department Head.
The pre-disciplinary hearing shall be conducted prior
to discharge or suspension. The employee may request
that the appropriate union steward be present at the
hearing along with the supervisor who has made the
charge. This section shall not apply to circumstances
covered under Section 9.4. The union steward and the
employee shall receive written notice of the charges
against the employee twenty-four (24) hours in advance
of the hearing. A waiver of hearing shall be attached
to the notice and the employee may waive his right to
such hearing.
9.11 Derogatory information, including disciplinary or
detrimental documents, will not be entered into an
employee's official personnel records unless the
following has been accomplished:
(a) The employee is notified:
1. that the information is to be filed within
their official personnel records, and
2. Of their right to submit a grievance if they
disagree with the action, and
(b) The employee is given a copy of the information,
and
(c) The employee is given an opportunity to submit
information in rebuttal to derogatory
information, and
(d) The employee has been asked to acknowledge that
such a document is being placed into their
18
official personnel file.
19
~J
UNION EXHIBIT A
Exhibit A (1): City ofNeptune Beach October 1, 2001 thru September 30, 2004
Article 9.6 -Discharge and Discipline
9.6 Any written reprimand shall be furnished to the employee outlining the reason for
the reprimand. The employee will be requested to sign the reprimand. If the
employee refuses to do so, this refusal shall be noted on the reprimand. If the
employee signs the reprimand, such signature shall only acknowledge receipt of the
reprimand and shall not mean the employee agrees or disagrees with the
reprimand. All reprimands shall become null and void after twelve (12) months
from the date of issue and may not be used as a basis for discharge or disciplinary
action after becoming void.
Exhibit A (2): City of Jacksonville October 1, 2000 thru September 30, 2003
Article 26.5 -Discharge and Discipline
26.5 After a disciplinary or detrimental document has been on file in the employee's personnel
file for a period of twenty-four (24) months, that document shall not be used in any
adverse way against the employee. At the employee's request, the document shall be
removed from the personnel file of the employee after the twenty-four (24) month period,
and shall be placed in a sealed envelope marked "confidential". When an agency head or
designee, the City Chief of Human Resources, the Independent Agency Head, the courts,
an arbitrator, or any statutory authority determines that a document has been placed in an
employee's personnel file in error, or is otherwise invalid, such document shall be placed
in an envelope marked "confidential" together with a letter of explanation.
Exhibit A (3): JEA October 1, 2003 thru September 30, 2006
Article 24.5 -Discipline and Discharge
24.5 Except as provided in this section, disciplinary entries in an employee's personnel file shall
not be used as a basis for future disciplinary action after twenty-four (24) months from the
date of the entry. The union recognizes that the Employer is required to retain copies of
all disciplinary entries in order to comply with Chapter 119, Florida Statutes, as it maybe
amended from time to time.
Exhibit A (4):Town of Orange Park October 1, 2003 thru September 30, 2006
Article 9.3 -Discharge, Discipline and Reprimand
9.3 Any official reprimand shall be furnished to the employee outlining the reason for
the reprimand. The employee will be requested to sign this statement. Tf he
refuses to do so this refusal shall be noted and placed in his personnel file. The
employee shall have the right to submit a statement responding to the reprimand
and such responding statement will be entered in the employee's personnel file.
Employees shall have the right to review their own official personnel files upon
request. All letters of reprimand shall become null and void after twenty-four (24)
months from the date of issue and may not be used as a basis for discharge or
disciplinary action after becoming void, provided the employee has no additional
reprimands during the twenty-four (24) month period. The employee must serve
twenty-four (24) months without additional discipline before prior discipline
becomes null and void.
4.~_~
,/~
4 ~ ~ ~~~. ~ EXHIBIT B
/. ~~ ~ . . '
~~
. ARTICLE 12
!"
HOLIDAYS ..
12.1 The following are recognized as holidays under the terms of this Agreement.
New Year's 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
Independence Day ~ July 4th - '
Labor Day ~. ~ 1st Monday in September
. ~ Thanksgiving Day 4th Thursday in November
. Friday after Thanksgiving Day
Christmas Eve ~ ~ December 24th
Christmas Day' December 25th
' Employee's Birthday
Any day that the City. Commission may designate
Whenever a holiday falls on Saturday, it shall~be~observed on the
preceding Friday. , When a holiday falls on Sunday, the following Monday
`will be observed as the holiday. ~n~rs~~;v ~ ~;.~,~~-,~~s~~ .
• .~ ~ . Qrn~loyePs ...
For u~-i~~s~n~nrb~s that tidork a Monday tlirou~h Friday workweek•
- Whenever Christmas alts on a Safurda Christmas shall be observed on the
. precedinQ Friday with. Christmas Eve observed on the~precedinQ ~Thursday
. ' ~ Whenever. Christmas falls on •a Sunday, Christmas shall be observed on a .
Monday with Christmas Eve observed on the precedinQ Friday
' . Whenever Christmas falls a Monday, Christmas shall be observed on Monday
with Christfnas Eve observed on the preceding Friday ~ -
.12.2 Wlenever an observed holiday occurs on an employee's scheduled. day off, .the
Employer shall schedule the employee to take a day off at another day mutually
. .agreed to, or compensate him at straight time rate in order to. equalize the
:observed legal holidays in Section 12.1.
12.3 .Employees who work on the observed holiday shall receive, in.addition.to their
regular straight time hourly rate ofpay, at the Employer's discretion, either one
~. .and one=half (.1 %i) of the employee's regular hourly rate of pay, or one and one-
' half (1 %2) hours of compensatory time hour-for-hour for each hour worked during
the declared holiday. Employee's who, wish to work on their birthday rather than
. taking the day off shall be paid their straight time hourly rate and shall schedule
~~
City Proposal -June 25, 2003. ~ ~ ~ '
City Proposal -Change 1 -July 23, 2003 - in Bold Italics ,
r ..
another day off with pay to equalize the observed holidays in section 12.1. .
Employee's who wish to observe the actual day of their birthday as a holiday and
who are required by the Employer to work on their birthday, shall be paid time .
and one-half for all hour worked and shall schedule a day off from work on
another date.as provided in 12.2. Employees who schedule another day off at a
later date rather than:observing the actual date of their birthday, must take the day
off prior to'the date of their next birthday or forfeit the holiday.
12.4 In order to be eligible for holiday pay or compensatory time the employee must
have worked the last scheduled working day immediately prior to the observed
holiday and the first 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 certificate,~or otherpaid absences excused
by the appropriate Department Head. ' ~ .
12.5 ~ Employees who have been assigned holiday work and fail to report for and
perform such work without reasonable cause shall not receive pay for the holiday
or compensatory time.
:12.6.: Employees who are on leave of absence or layoff on the day on which such
holiday is observed shall not receive pay for the;holiday or compensatory time.
:12.7 For purposes of this Article, alI holidays shall commence at 12:01 ~ a.m. on the, date
the holiday is observed (as set forth in Section 12.1) and continue for twenty-four
(24) uninterrupted hours. .
12:8 The accrual and' pay=out'of compensatory time under this Section shall be
governed by the provisions of Article .17. ~. ~ ~ ,
.. 12.9 ~, :Those employees who work any schedule other than`the normal .eight (8) hour~day
shall have~a holiday that conforms, to their.work schedule. If payment: for such
time or any portion thereof is mutually agreed to in lieu of time off, then the
.employee shall be paid at time and one-half (1-1/2) for those hours, but in no
:. event shall the employee receive, in either pay or. time off, an amount~in eXcess of
. double time and one-half (2-112} for holiday hours. ~ ~ .
12.10 Temporary employees shall not normally be utilized to perform work on .one of
the holidays listed in Section 12.1. ,The. Employer may utilize temporary
employees to work the above holidays only after employees performing similar
' work within the designated bargaining unit have first been given the opportunity
to work, and have declined said assignment.
~~
City Proposal -June 25, 2003
City Proposal -Change 1, -July 23, 2003 - in Bold Italics .
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-__J
UNION EXI-IIBIT B
Exhibit B (3): City of Neptune Beach October 1, 2001 thru September 30, 2004
Article 12 -Holidays
12.3 Any employee of the bargaining unit who shall be required to perform work or to
render service on one of the holidays listed in Section 11.1, shall be compensated
at one and one-half (1-1/2) times the employee's regular straight time hourly rate
for any hours worked, in addition to his straight time pay for the holiday. The
Public Employer may elect to schedule the employee to take off at another date
mutually agreed to by the employee and the Public Employer, at the same rates as
overtime payment. In the event the Public Employer elects to schedule a ten (10)
hour workday, forty (40) hour workweek, the eight (8) hours referred to above
shall automatically convert to ten (10) hours. A list of employees required to work
on any holiday or holidays, shall be in writing and posted at the Public Works
Yard.
Exhibit B (4): City of Jacksonville
Article 17 -Holidays
October 1, 2000 thru September 30, 2003
17.1 (c) Those employees who work any schedule other than the normal eight (8) hour day
shall have a holiday that conforms to their work schedule. If payment for such time or any
portion .thereof is mutually agreed to in lieu of time off, then the employee shall be paid at
time-and- one-half (1-1/2) for those hours, but in no event shall the employee receive, in
either pay or time off, an amount in excess of double time-and-one-half (2-1/2) for holiday
hours.
Exhibit B (5): JEA
Article 17 -Holidays
October 1, 2003 thru September 30, 2006
17.4 Employees shall be compensated for holidays at their respective rates of pay for the
number of hours they would have ordinarily worked on the holiday.
Exhibit B (6): City of Jacksonville Beach October 1, 2002 thru September 30, 2005
Article 17 -Holidays
17.2 Employees who would not otherwise be scheduled to work, and who do not work, on the
day that a holiday is observed shall receive payment for the holiday equal to straight time
for the number of hours in the employee's regular shift, not to exceed twelve (12) hours.
Upon mutual agreement between the employee and the City, as an alternative to receiving
such payment, the employee may receive an alternative day ofd(which day must be agreed
to by the employee and the City). Employees who would have been scheduled to work,
and who do not work because of the observed holiday, shall be paid for the holiday at
straight time for the number of hours equal to the employees' regular shift. (Designated as
"holiday pay").
•
•
EXHIBIT C
ARTICLE 16
BEREAVEMENT LEAVE
16.1 Employees covered by this agreement may be granted, upon approval of
the appropriate Department Head, time offwith pay not to exceed three
(3) calendar days, in the event of a death in the employee's immediate
family for the purpose of attending the funeral of the deceased relative.
16.2 The employee's immediate family shall be defined as the employee's
spouse, father, mother, son, daughter, brother, sister, father-in-law,
mother-in-law, grandparents, grandchildren and any other member of
kinship who may be residing under the same roof with an employee during
the time of death.
16.3 Funeral leave or bereavement leave shall be leave with full pay and
benefits and shall not be charged to personal leave days.
16.4 The employee may be required to provide the appropriate Department
Head with verification of death before compensation is approved.
City Proposal -For Impasse
City Proposal -June 25, 2003
EXHIBIT D
AR'~ICLE 17
HOURS OF WORK AND OVERTIME
17.1 The purpose of this Article is to define hours of work but
nothing in this Agreement shall be construed as a guarantee
or limitation of the number of hours to be worked per day,
days per week, or for any other period of time, except as
may be specifically provided herein.
17.2 Unless changed by the City, forty (40) hours shall
constitute a normal work week for an~employee covered by
this Agreement, except as hereinafter provided. Nothing
herein shall guarantee an employee payment for a forty (40)
hour work period unless the employee actually worked a forty
(40) hour work week or his actual hours worked and his
authorized compensated leave totals forty (40) hours. For
the purpose of this Agreement, authorized co~pensated leave
shall mean holidays on which the employee is excused from
work, bereavement leave, jury duty, and any other leave paid
for and authorized by the City.
Overtime will be compensated at time and one-half (1-1/2)
for all hours worked in excess of
the employee's
normally scheduled work day. Compensation for overtime
hours worked shall be paid to the employee during the same
pay period in which it is worked, providing the paperwork is
delivered to the appropriate payroll office in a timely
manner to process for that pay period.
17.3 The City shall have the discretion to compensate for
overtime hours worked in the form of cash or compensatory
time. Should the City decide to compensate the employee in
the form of cash, the employee shall be paid at the rate of
one and one-half ( l~) the employee' s regular rate of pay for
each overtime hour worked. Should the City decide to
compensate the employee in the form of compensatory time,
the employee shall be credited with one and one-half (1'-~)
hour of compensatory time for each overtime hour worked.
17.4 Employees shall not be able to accumulate more than fifty
(50) hours of compensatory time. Once the cap is reached
compensation will be in the form of cash payment only.
17.5 An employee who has accrued compensatory time will be
permitted to use the time off within a reasonable period
after making a request to use same, provided it does not
unduly disrupt the operations of the City. Requests to use
35
compensatory time must be made in writing to the employee's
• supervisor.
17.6 At any time the City, in its sole discretion, may determine
to substitute cash, in whole or in part, for compensatory
time.
17.7 Should an employee voluntarily switch shifts with another
employee for the employee's convenience, no overtime
compensation will be payable and the hours the employee
worked as a substitute shall be excluded by the City in the
calculation of the hours for which the"employee is entitled
to overtime compensation. All such shift trading must be
approved by the immediate supervisors prior to the trade and
the period during which time is traded and paid back must
not exceed twelve (12) months. Hours worked by the
volunteer substitute employee will be paid to the employee
that was regularly scheduled to work and not to the
volunteer substitute employee. The volunteer substitute
employee must make arrangements with the employee he is
replacing for any compensation.
17.8 Nothing in this Article shall require payment for overtime
hours not worked, except as provided herein. In calculating
the amount of overtime compensation due an employee hours
• actually worked shall be counted. Additionally, paid
holidays, paid compensatory time and paid personal leave
shall be included as hours worked for purposes of overtime
payment each year. Premium payments shall not be duplicated
for the same hours worked under any of the terms of this
Agreement.
17.9 All employees shall be required to report to work on time,
shall not leave the job early, shall be prompt in reporting
to their assigned duties, and shall faithfully perform their
duties.
17.10 Employees covered by this Agreement shall be given forty-
eight (48) hours notice of any change in their regular hours
of work, unless an unscheduled absence by another employee
or circumstances necessitate a quicker change.
17.11 The appropriate Department Head is authorized to schedule
employees on a "task basis".
17.12 There will be no duplication of premium payments and no
claims that provide for "overtime on overtime".
17.13 An employee who has left his normal place of work and who is
• 36
"called-back" for overtime work shall receive a minimum
payment of two (2) hours at time and one-half (1'-~) the
employee's regular rate of pay or the actual hours worked at
time and one-half (1'~), whichever is greater. Employees
shall be compensated for additional call backs as provided
herein if the employee has completed the call back
assignment and has left his place of work prior to receiving
another call back. Employees shall not receive overtime pay
on overtime pay for additional call-backs that occur within
the two (2) hour period of a previous call-back, that is,
there will be no overtime on overtime. Prearranged overtime
shall not constitute a "call back". This Section shall not
apply if hours worked as a result of a call back extend into
the start of the employee's regular work period.
Employee's who report to work for scheduled overtime shall
receive a minimum payment of two (2) hours at one and one-
half (1-1/2) times her/her regular rate.
17.14 Upon proof of attending court pursuant to subpoena or other
court order involving ajob-related case, not as a plaintiff
in litigation against the City, an off-duty employee will
receive pay equal to one and one-half (l~) times the
employee's regular straight time hourly rate of pay for the
hours he attends court. Provided, that such employee shall
• receive a minimum of two (2) hours pay at the rate of one
and one-half (1'-~) the employee's regular straight time
hourly rate for such attendance. The City reserves the
right to institute any procedure or system it deems
appropriate to measure, record, and/or verify attendance and
duration of off-duty court appearance. In the event any
employee claims time not actually spent in off-duty court
appearance, he may be discharged or disciplined. The
employee will sign over all subpoena and witness fees,
excluding travel fees, unless City transportation is
furnished in which case such travel fee will be signed over
to the City.
17.15 No employee shall authorize overtime for himself but shall
be entitled to work overtime as assigned or authorized by
the appropriate Department Head. It is understood that the
City has the right to schedule overtime work as needed, and
in a manner most advantageous to the City.
17.16 Overtime hours shall be distributed as nearly equal as
possible among employees as long as such sharing will not
delay or increase the cost of the City's operations.
17.17 Employees required to be accessible by telephone and not
37
9
performing actual work, but in readiness to perform work
when the need arises, shall be considered to be on standby.
If the employee performs actual work during the standby
period, the employee shall be considered to have received a
call-out, and shall be paid in accord with Article 17.13.
Any employee designated by the Employer to be on standby
duty shall receive one-hundred ($100.00) dollars in addition
to his normal bi-weekly pay for each week the employee is
required to be available on standby duty-for a minimum of
seven (7) consecutive days. To be eligible for standby
compensation, the employee must meet the following criteria;
1. The employee must respond by phone within twenty (20)
minutes of receiving page.
2. The employee must arrive at job site within one (1)
hour of returning page by phone to the Employer.
3. Employees that take personal leave during the standby
period must be available for call-back and able to
respond within the above time frames.
17.18 An employee who has worked sixteen (16) hours or more in a
twenty-four (24) hpur period, or eight (8) hours or more
overtime in the sixteen (16) .hour period immediately
preceding his/her normal workday shall upon release, be
entitled to an eight (8) hour rest period before he/she
returns to work. If the employee is called back to work
without completing his/her eight (8) hour rest period,
he/she shall be compensated at the overtime rate of one and
one-half (1 ~) times his/her regular rate of pay for all
hours worked, commencing from the time he/she reports back
to work and ending when he/she is released for an eight (8)
hour rest period.
17.19 All employees shall be provided with at least a one-half (~)
hour lunch break which shall be the employee's own time. If
the employee is required to work their lunch break, the
employee shall be compensated as provided within this
Article.
Employees shall be provided with two (2) fifteen (15) minute
break periods with pay. The first break shall be taken
within the first four (4) hours of work and the second
during the last four (4) hour period of work.
38
EXHIBIT E
I~ ARTICLE 29
JOB QUALIFICATIONS AND PROMOTIONS
29.1 Whenever a Full Time (FT) or Regular Part Time (RPT) job
opening occurs, other than a temporary opening, in any
existing job classification, or as the result of the
development or establishment of a new FT or RPT job
classification, a notice of such opening shall be posted at
least five (5) calendar days in advance on all appropriate
bulletin boards. A copy of the notices of job openings will
be g~sve~ forwarded to the appropriate union steward at the
time of posting for posting on all other authorized union
bulletin boards.
29.2 For the purpose of this Agreement, a vacancy shall be
defined as an opening within any City FT or RPT yob
classification "
for which funds have been appropriated.
29.3 Whenever a vacancy is posted, employees desiring to be
considered for such vacancy shall make written application
for the position on a City Employment Application no later
than the date and time indicated as the closing date/time
• set forth on the posted vacancy announcement. The
appropriate Department Head shall interview all i~a~ga-rn-in-g
tzrri-t~ City applicants that meet the minimum qualifications
for the position established within the job description
prior to filling the vacancy. City A. applicants -~_=tom
shall be interviewed prior to advertising
outside the City. City employees shall be Given hiring
preference over non-city employees who apply for positions
within the City, provided the City applicant meets the
minimum qualifications for the position established within
the yob description.
29.4 The appropriate Department Head shall make all
determinations of the qualifications of the applicants
applying for open or promotional positions, provided such
determination is limited to those factors required within
the job specifications for the position being filled. Among
current employees determined to be qualified to perform the
work required, the employee having the most seniority with
the Employer shall be appointed to the position.
Not withstanding 29.4, employee's covered under this
agreement who apply for any open or promotional positions
within the bargaining unit shall be promoted over other non-
baraainina unit applicants, provided ~ the applicants
62
meets the minimum ctualifications
established within the -iob description for the position_
29.5 Nothing in this Article shall be construed as precluding
employees within the bargaining unit from applying for other
vacant positions within the City of Atlantic Beach.
63
EXHIBIT F
ARTICLE 34
DURATION OF AGREEMENT
34.1 This Agreement shall commence and become effective on
October 1, zA-~~ 2003, and shall continue in full force and
effect until midnight of the thirtieth day of September z-~83
2006. Either party may reopen Wages and three (3) other
Articles of their choice in z@-@~- 2004 and z8-6~ 2005. If
either party desires to negotiate a successor agreement, it
may do so by giving the other party written notice to that
effect.
~-4--~
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CITY OF ATLANTIC BEACH
COMMISSION MEETING OCTOBER 27, 2003
AGENDA
5:00 P.M. Hearing for the purpose of resolving an impasse in contract negotiations
between t he C ity and t he N ortheast Florida P ublic E mployees' Local 6 30,
LICTNA, AFL-CIO "Blue Collar" Union.
7:15 P.M. Regularly scheduled Commission Meeting
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Regular Commission meeting of October 13, 2003
2. Courtesy of door to Visitors
A. Presentation of Incentive Check to Petticoat Contracting and presentation to Neil
Aikenhead and GAI, for the Core City Improvement Project
3. Unfinished Business from Previous Meetings
A. Action on a report by the City Manager regardingl0`~' Street Parking
B. Ocean Boulevard Speed Complaint Report
C. Traffic Report on 300 Block of Plaza Drive
4. Consent Agenda
ALL M ATTERS L ISTED U NDER T HE C ONSENT A GENDA A RE C ONSIDERED T O B E
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 TIIE CITY COMMISSION ON TIIESE ITEMS
A. Acknowledge receipt of the following monthly report: Public Safety Department
(City Manager)
B. Approve one-year extension of the contract with The Kurtis Group for newsletter
services at prices submitted in RFP#0102-2
5. Committee Reports
Cultural Arts and Recreation Advisory Committee
6. Action on Resolutions
A. Resolution No. 03-12
A RESOLUTION OI' THE CITY OF ATLANTIC BEACH IN MEMORY
OF RAYMOND L. DAGLEY, SR.
B. Resolution No. 03-13
A RESOLUTION OF THE CITY OF ATLANTIC BEACH HONORING
SANDY AND ALLISON FORSYTH AS OUTSTANDING CITIZENS IN
ATLANTIC BEACII
7. Action on Ordinances
8. Miscellaneous Business
A. Action on the recommendation of the Public Safety Department to Expand the
Police "Take Home Car" Program (City Manager)
B. Award afive-year contract for Fleet Management and Vehicle Maintenance
Services to First Vehicle Services for a target of $202,350.00 pursuant to the
specifications of Bid#0304-1 (City Manager)
9. City Manager
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
•
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 purpose are
available at the entrance to the Commission Chambers.
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 w ith t he Americans with D isabilities A ct a nd S ection 2 86.26, F lorida S tatutes,
persons ~v ith d isabilities n eeding s pecial accommodation t o p articipate i n t his m eeting s hould
contact the City Clerk by 5:00 PM, Friday, October 24, 2003.
•
2
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.M.
ON MONDAY, OCTOBER 27, 2003
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Paul Pazsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney
Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by the Mayor was followed by the Pledge of Allegiance to the
Flag.
1. Approval of the minutes of the Regular Commission meeting
• of October 13, 2003
Motion: Approve the minutes of the Regular Commission
Meeting of October 13, as presented.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors
A. Presentation of Incentive Check to Petticoat
Contracting and presentation to Neil Aikenhead and
GAI, for the Core City Improvement Project
The Mayor announced that Petticoat Contracting, Inc,, the contractor in
the Core Gity Improvement Project, had completed the project within the
budget, and had qualified for the incentive payment for early completion
of the project that was included in the contract. The Mayor presented a
check for $200,000 to Elaine Jones, President of the company. Other
members of the contractor's staffpresent included Al Funchess, Kevin
Grant, and JeffHardwick. The Mayor complimented the contractor for
working so well with the city and the citizens and presented them with an
"Outstanding Customer Service Award" that included "The Count," the
turtle logo that was used to identify the project.
• The Mayor also presented the following awazds that included the turtle
logo:
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PARSONS X
WATERS X
MESERVE X
Minutes Page -2-
October 27, 2003
"Got to Make Everybody Happy" award was presented to Greg Nettuno
of GAI Consultants-Southeast, Inc., the firm that performed the
Construction Engineering and Inspection services.
"It Actually Works" award was presented to Neil Aikenhead, the
engineer on the project. The Mayor listed many of the obstacles that Mr.
Aikenhead was able to overcome and thanked him for his innovative
approach to the project.
"Pulling the Plug" award was presented to Bob Kosoy, Public Works
Director, for coordinating this successful project.
"Cartoon Character" award was presented to Commissioner Paul Parsons
who suggested the use of the turtle logo to provide public awareness and
promote public cooperation during the Core City project.
Agenda Items 6A and 6B where taken out of order and acted upon at
this time
5A. Resolution No. 03-12
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
IN MEMORY OF RAYMOND L. DAGLEY, SR.
i The Mayor presented Resolution No. 03-12 to members of the Dagley
family who were in the audience with the thanks of the City Commission
for Mr. Dagley's service to the community.
6B Resolution No. 03-13
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
HONORING SANDY AND ALLISON FORSYTH AS
OUTSTANDING CITIZENS IN ATLANTIC BEACH
The Mayor presented Resolution No. 03-13 to Sandy Forsyth and
commended Sandy and Allison Forsyth for their contnbutions of time
and money, to the community. _
Motion: Adopt Resolution No. 03-12 and 03-13
The motion carried unanimously.
J.P. Marchioli, 4I4 Sherry Drive, commented on the following: (1)
His wife did not like the new crosswalk on Sherry Drive, (2) stated he
had received no action in response to his petition requesting a reduction
of the speed limit on Sherry Drive, (3) noted that a recommendation was
made some years ago to build a parking garage and wondered why the
garage was never built, (4) thought that the St. Johns River Water
Management District's rules regarding water conservation were intended
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Minutes Page -3-
October 27, 2003
to prevent waste and thought small users should not be penalized, (5)
noted that beach accesses in Fernandina Beach were paved all the way to
the ocean and thought that the beautification of beach accesses in
Atlantic Beach caused a "bottle neck," and (6) noted that there was a sign
indicating that there were speed bumps on Plaza when, in fact, there were
no speed bumps on Plaza.
Mr. Pittenger, Scout Leader for Troop 279, introduced members of his
staff, Eagle Scouts and others working to become Eagle Scouts.
Sandy Forsyth, 2345 Seminole Reach Court, made reference to the
parking problems at the 10~' Street condominiums and the Town Center
area and said he hoped the city Commission would not give up public
parking spaces for private use. He suggested a possible solution maybe
for the city to either sell or exchange property for parking or partner with
the Sea Turtle Inn to build a pazking garage. Mr. Forsyth also suggested
that the city create additional pazking by clearing obstructions from the
cityrights-of--way.
Jim Naughton,1719 Beach Avenue, suggested the City consider
constructing a traffic round-about at the five-way stop at
Seminole/Sherry/Plaza intersection. He thought it would create a city
landmark and would help traffic flow. He said he has compazed the size
of the intersection in Atlantic Beach with roundabouts in Fernandina and
has concluded that there is sufficient room at the intersection fora round-
about.
Susan Snead, 261 Beach Avenue, thought that Animal Control Officers
should. use good judgment when issuing citations and focus more on
animals running at lazge rather than on unleashed dogs that were walking
with their owners. She said the city needed to make sure that clean-up
bags were available at beach accesses.
Rita Giblin, 4011`h Street, urged the City Commission to preserve
public parking spaces. She did not support leasing or allowing public
parking spaces to be used for a private use. She also urged the City.
Commission to recapture as many parking spaces as possible by
removing obstacles that had been placed on the rights-of--way by property
owners.
3. Unfinished Business from Previous Meetings
A. Action on a report by the City Manager regarding I.Oa'
Street Parking
The City Manager summarized his written report regazding solutions to
the parking problems experienced by the residents at Island Club
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October 27, 2003
Condominiums on 10t1i Street. A copy of Mr. Hanson's report is attached
to this official record as Attachment A. Mr. Hanson reported that
considerable research had been done on this issue a few years ago and a
recommendation was made to lease spaces to the property owners;
however, the property owners were unwilling to pay the suggested
$500.00 annual lease fee.
Discussion ensued and Commissioner Waters said he did not think that
leasing parking spaces was the best option and said he preferred the
residential pazking permit program that was used some years ago.
Following fiu ther discussion, John Scott, a resident of the
condominiums, said he would work with other residents to come up with
solutions to bring back to the City Commission for consideration.
B. ~ Ocean Boulevard Speed Complaint Report
Public Safety Director Thompson summarized his written report which is
attached hereto as Attachment B. Dir. Thompson provided statistical
information regarding traffic counts and speeds which indicated one
vehicle traveling in excess of 35 MPH every 1.5 hours. He said there
was not a high incidence of traffic crashes on Ocean Boulevard and while
the Police Department would continue to enforce the traffic laws, he did
not think there was any public safety reason to reduce the speed limit on .
Ocean Boulevard.
No action was taken on this matter.
C. Traffic Report on 300 Block of Plaza
Public Safety Director Thompson summarized his written report which is
attached hereto as Attachment C. Dir. Thompson provided statistical
information regarding traffic counts, speed, and crash data. He said that
the traffic data did not indicate any public safety condition that would
justify adding speed bumps.
No action was taken on this matter.
4. Consent Agenda:
A. Acknowledge Receipt of the following monthly
report: Public Safety Department (City Manager)
B. Approve one-year extension of the contract with
The Kurtis Group for newsletter services at
process submitted in RFP #0102-2 (City Clerk)
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Minutes Page -5-
October 27, 2003
Motion: Approve Consent Agenda Items A & B
as presented.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
Rusty Pritchett, Chair of the Cultural Arts and Recreation Advisory
Committee, presented a report on behalf of the committee. He said
the committee was very active and had many good ideas and was
trying to find activities for all ages. He reported the following: The
concrete sculpture is complete and is being shipped and should
arrive before Thanksgiving; 45-50 people attended the YMCA
summer program; Acoustic Nights have been very successful and
will take.a break after November and startup again in the spring; A
Songwriters' Night was started; Alice Gartland's art work is on
display in Adele Grage Center in conjunction with the committee's
Art in Public Places program; another Laughter Workshop has been
scheduled; the Teen Council has participated in several outings and
programs; yoga classes are well supported; the committee is hoping
to expand Senior Appreciation Day activities; and has initiated plans
to place a bronze sculpture somewhere in the city.
The City Commission complimented the committee on the work
they aze doing.
Commissioner Parsons provided information about the "Seacows for
Kids" program that is being developed in connection with the Super
Bowl.
6. Action on Resolutions:
Resolution Nos. 03-12 and 03-13 were taken up eazlier in the
meeting. (See Page 2)
7. Action on Ordinances
None
8. Miscellaneous Business
A. Action on the recommendation of the Public Safety
Department to Expand the Police "Take Home Cat"
Program (City Manager)
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Minutes Page -6-
October 27, 2003
Motion: Modify the boundaries iii which police
officers must live to qualify for take-home cars to
include areas within five mites of the city limits of
Atlantic Beach
Public Safety Director explained that the Take Home Care program was
instituted in 1996 to make the Atlantic Beach Police Department
competitive with neighboring communities. He said he wished to modify
the program to allow take-home vehicles within afive-mile radius of the
city limits which would bring the Atlantic Beach program into line with
the other beach cities. Dir. Thompson's report is attached as
Attachment D.
Following brief discussion the motion carried unanimously.
B. Award afive-year contract for Fleet Management and
Vehicle Maintenance Services to First Vehicle Services
for a target of $202,350.00 pursuant to the
specifications of Bid #0304-1 (City Manager)
Motion: Award afive-year contract for Fleet
Management and Vehicle Maintenance Services to
First Vehicle Services for a target of $202,350.00
pursuant to the specifications of Bid #0304-1
There was no discussion and the motion carried unanimously.
9. City Manager
City Manager Hanson reported on the following items:
• Staff has determined that the life of the trash cans in the
Town Center area could be extended several years by
replacing the tops and having the bottoms repainted by city
painters. Mismatched cans would be replaced. Unless
Neptune Beach has any objections, staff intends to proceed
with the rehabilitation of the trash cans and replace only the
odd cans with cans that have the new style tops.
• The new City Commission will be sworn into office at 8:00
p.m. on Tuesday, November 4, 2003. A photographer will
be present at 7:00 p.m to take both group and individual
photos.
• Both Neptune Beach and Atlantic Beach have budgeted
funds in the 2003/2004 budget for the Welcome sign on
Atlantic Boulevazd. Neptune Beach officials did not like the
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Minutes Page -7-
October 27, 2003
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design that had been submitted and are hoping to have a
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design contest. They have requested the Department of
Transportation rules to make sure that entries will comply
with the regulations.
• Additional signage will be installed to notify motorists that
pedestrians have the right-of--way on pedestrian crosswalks.
• Atlantic Beach was awarded the 12ibault Garden Club
Business of the Month award for the landscaped azea at the
five-way stop.
• A meeting has been scheduled for 5:00 p.m. on Monday,
November 3, 2003, to act on the impasse items in the Police
Union contract.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Beaver:
• Thought the City should recognize Alan Dickinson,
developer of the North Beach Center, for transforming a
neglected piece of commercial property into a very. attractive
project.
Commissioner Borno:
• Announced that the first meeting of the Town Center Pazking
Study Committee would be held at 8:00 a.m. the following
morning. .
Commissioner Parsons:
• Suggested that the material from the round-about study that
was done several years ago be provided to Mr. Naughton and
was advised that. this material had already been given to Mr.
Naughton.
• Inquired whether the animal control ordinance allowed dogs
tv be offtheir leash if the dogs were swimming'and the
owner was walking in the water and Dir. Thompson advised
that the ordinance provided that if dog and owner were in the
water together the dog could swim unleashed. However, the
ordinance specifically states "This shall not include walking
the dog in the water."
Commissioner Waters:
• Supported Mr. Naughton's position on the traffic round-
about and hoped the city would revisit the issue
• Agreed that pet owners who do not clean up after their pets
create intolerable conditions for others; the City Manager
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October 27, 2003
advised that plastic bags were used and replaced by pet
owners.
Mayor Meserve:
• Provided Commissioners with information regarding
partnering with Atlantic Beach Elementary School and hoped
they would review the material and consider ways this could
be done.
There being no further discussion or business to come before the
City Commission, the Mayor declared the miming ~ djourned at
8:50 p.m e
idi~~ Officer
Attest:
~G?,LC,2QLL o'
Maureen King
Certified Municipal C
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Attachment A
Minutes - Ne~emb~ 27, 2003
C~GTOFSEh
CITY COMMISSION MEETING
. STAFF REPORT
AGENDA ITEM: 10`h Street Parking
SUBMITTED BY: Jim Hanson, Cit Man
DATE: October 16, 2003
BACKGROUND: Staffwas asked to provide options to solve the longstanding parking
complaints in the east end of 10`x' Street adjacent to the Island Club
Townhouses. No private parking has been available to the owners of these
townhouses since 1979 when they were converted from an apartment
complex. Public on-street parking is available adjacent to the townhouses.
However, residents sometimes find it difficult to find a parking place
particularly during the weekends in the summer when the beaches are
relatively crowed. Some of the townhouse owners have asked the City on
many occasions over the last 10+ years for the City to restrict the public
parking so that they will always have a place to park adjacent to their
townhouses.
There are two issues that limit the city's ability to grant this request. The
first is that public property should not be given away for private use and
the second is an obligation to County, State and Federal governments to
maintain beach access (which includes parking) in exchange for funding
for beach renourishment and lifeguards. There are solutions to these
limitations although each would require the cooperative participation of
several homeowners/residents in Atlantic Beach.
1
Many ideas were proposed over the years to provide for exclusive parking
of townhouse owners and residents in these spaces. The most viable was
proposed in 1998 where the owners or residents of the townhouses could
lease the parking places from the city in an amount of $500/ year per
space. Staffestimated the value of the spaces after checking lease rates
for parking garages in the downtown Jacksonville. Undoubtedly there are
other ways to establish a value of a parking space close to the beach,
although there can be no question that it has significant value. When this
option was presented in a Commission meeting in 1998, the townhouse
owners objected to paying for the parking places. Consequently, the City
Commission declined to take any action. The lease alternative is still a
viable solution, but it will require the financial participation of the
owners/residents of the townhouses. If a group of the owners/residents
would like to meet to discuss the details involved in leasing the spaces,
then staff would be more than happy to work with them.
AGENDA ITEM #3A
OCTOBER 27, 2003
The second issue deals with the provision of beach access. Atlantic Beach
has an obligation to maintain adequate beach parking. One obligation is to
the Federal government that provides beach renourishment funds. When
this issue came up in 1998, city staff was instructed to request an opinion
from the Corps of Engineers. A copy of a letter from Richard Bonner
dated September 22, 1998 is attached. It explains the Corps approval to
substitute new parking places to replace those that would be reassigned for
private use. The best way to find alternate parking within a short distance
of the 10`" Street beach access would be to survey the obstructions on the
public right-of--way placed by homeowners and require their removal so
that the street side parking can again be utilized by the general public.
This was done several years ago by a committee of citizens and staff. Over
80 parking places were "reclaimed" through this process.
BUDGET: There would be several costs to the City if the parking places were
restricted. Hopefully, the cost of the signage, legal costs to prepare and
administer the leases and any enforcement cost would be more than offset
by the revenue the City would receive from leasing the parking places.
.7
RECOMMENDATION: Check with the owner/residents of the Island Club Townhouses to see if
they are now interested in the lease of parking places from the City. If so,
then staff can begin to explore with them various options. If they are not
interested then no further action is needed by the City.
ATTACHMENT: Letter of September 22, 1998 from Richard Bonner to James Jarboe
•
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DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
P. 0. BOX 4970
JACKSONVILLE, FLORIDA 32232-0019
REPLY TO SEP 2 2 1998
ATTENTION OF
Programs and Project Management Division
Project Management Branch
Mr. James R. Jarboe
City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233-5800
Dear Mr. Jarboe:
AGENDA ITEM #3A
OCTOBBR 27, 2003
This is in response to your letters dated August 26, 1998,
and September 3, 1998, regarding the Duval County shore
protection project. As we discussed during our September 21,
1998, telephone conversation, the city of Atlantic Beach will
identify parking spaces available for public use in the area of
10th Street. It is our understanding that the city will
substitute new public parking spaces that will replace those
reassigned for private use. Based upon this information, there
is 'no need for a survey of available public parking since there
is no change anticipated to be warranted in the Federal cost
sharing for the project.
'If you have any questions or need additional information,
please contact Mr. Charles Stevens at 232-2113.
Sincerely,
~~~/~f1~.-~
--~,~,~
Richard E. Bonner, P.E.
Deputy District Engineer
for Project Management
Copies Furnished:
Dr. Alfred B. Devereaux, Chief, Bureau of Beaches and Coastal
Systems, Department of Environmental Protection,
3900 Commonwealth Blvd., Mail Stop 300, Tallahassee, Florida
32399-3000
Ms.~Kay Lanier, 95 10th Street, Atlantic beach, Florida 32205
•
Attachment B
Minutes bey 27, 2003
c1'o(3G~
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Speed Complaint on Ocean Boulevard
DATE: October 20, 2003
/~~
SUBMITTED BY: David E. Thompson, Chief ofPolice/DPS
John Campbell, Deputy Chief of Police
BACKGROUND:
At the September 22, 2003 City Commission meeting, Mr. Bernard Kane stated that there
was a speeding problem in the 300 Block of Ocean Blvd., and he had circulated a petition
among his neighbors requesting more speed enforcement. He had submitted the petition to
Chief Thompson, but they had seen no improvement in speed enforcement. During his
remarks, Mr. Kane also referred to a previous study that was done relative to the speeding in
that area a few years ago.
In response, the Police Department reviewed previous speed information, researched the
traffic crash information, discussed the previous responses with a number of police officers,
and conducted an updated speed study. The focus of this research was on Ocean Boulevard
between Ahern Street and 7`'' Street.
In July of 2001, the Police Department conducted a speed study m the 400 block of Ocean
Boulevard. The computer equipment clocked vehicles for 51 consecutive hours, with a total
of 5,627 vehicles. The average speed was 27 MPH, and a maximum of 1.5% of the vehicles
were traveling at 35 MPH or above. Although any amount of speeding is "bad", 1.5% is not
considered to be a high incidence of speeding when compared to other roadways.
In October of 2003, the Police Department conducted another speed study, this time in the
300 block of Ocean Boulevard. The Department ran the analysis for 129 hours and tracked
6,157 vehicles. It was found that there were a maximum of 83 vehicles at 35 MPH or above,
which amounts to 1.3% of the vehicles or approximately 1 car over 35 MPH every 1.5 hours.
The average speed was 26 MPH.
A review of the traffic crashes in this stretch of roadway indicated that there have been a total
of three (3) traffic crashes since January 1, 2000. There were no injuries, and none of the
crashes were the result of speeding.
Of these crashes:
One resulted when a vehicle stopped in the roadway, and then backed into the vehicle
behind it.
One occurred at the intersection of Ocean and 7`h Street at the four (4) way stop when
• one vehicle pulled in front of another.
AGENDA ITEM #3B
OC'COBER 27, 2003
One occurred at Ocean and 2nd Street when a vehicle pulled through the stop sign into
the path of another car.
Past Responses: When the Police Department has received complaints in the past, including
complaints from Mr. Kane, officers have been specifically sent to that location to run radar.
The results reported by the officers have typically been that they run radar for several hours,
and most of the time, they do not issue any speeding citations. This is consistent with the
data collected with the speed equipment.
Allocation of Police Resources:
Virtually every roadway in Atlantic Beach has problems with drivers who choose to drive too
fast, or in some other inappropriate manner. As long as drivers have the free will to choose
their behaviors, there will be some level of danger on the roadways. Consequently, the
Police Department conducts traffic enforcement throughout the city.
The Police Department has limited resources. At the current time, there are three (3) new
officers in various stages of the Field Training program, and the department is expecting to
fill another three positions with new officers this month. As a result, the Police Department
has been operating with limited staffing. However, even when staffing is up to full strength,
the Police Department has an obligation to assign resources where the most serious problems
occur.
Mayport Road typically has more than 100 traffic crashes per year, and there are numerous
injuries as a result. Atlantic Boulevard has very high statistics for crashes and injuries.
Seminole Road, Plaza Drive, and Royal Palms Drive all have significant numbers of crashes
and injuries. Comparatively speaking, Ocean Boulevard between Ahern Street and 7`h Street
has a low incidence of crashes, and virtually no injuries. As a logical result, the roadways
with higher crash, injury, and speed rates, are assigned more resources from the Police
Department.
Conclusion: The Police Department will continue to respond to citizen complaints, and
speed enforcement will be conducted throughout the city, including Ocean Boulevard.
However, based on the information currently available, there are other areas of the city with a
much greater need for traffic enforcement for the preservation of lives and property.
BUDGET: None
RECOMMENDATIONS: None
ATTACHMENTS:
REVIEWED BY CITY MANAGER:
AG DA ITEM NUMBER:
Attachment C
Minutes - I~a~e27, 2003
0~-r~ 3L~fL.
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Traffic Report on 300 Block of Plaza Drive
DATE: October 13, 2003
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
BACKGROUND:
During the Core City Project, the 300 Block of Plaza Drive was repaved, and the speed
bumps on the roadway were removed. When the paving was completed, the issue was
raised as to whether or not the speed bumps should be replaced. Consequently, the Police
Department has conducted a study to determine whether or not there is a valid, public
safety reason to install speed bumps in the 300 block of Plaza Drive.
When the speed-measuring devices were initially installed on the roadway, there were
some problems with the hoses that record the vehicle speeds. The hoses were eventually
replaced with new hoses, and the measuring devices were set up in the 300 Block of
Plaza Drive for a total of 76 hours.
During the 76 hours, a total of 1,340 vehicles were recorded in the East bound lane. Of
those vehicles, the average speed was 24 MPH. No more than 18 vehicles were recorded
at speeds of 35 MPH or higher, which represents 1.3% of the total vehicles traveling on
Plaza Drive. This represents an incidence of one car at 35 MPH every 4.2 hours.
During the 76 hours, a total of 1,227 vehicles were recorded in the West bound lane. Of
those vehicles, the average speed was 22 MPH. No more than 15 vehicles were recorded
at speeds of 35 MPH or higher, which represents 1.2% of the total vehicles traveling on
Plaza Drive. This represents an incidence of one car at 35 MPH every 5 hours.
The number of traffic crashes in the 300 block of Plaza Drive have been minimal. Since
the year 2000, there have been three (3) traffic crashes reported in the 300 block of Plaza
Drive:
08/27/03 A vehicle sustained damage from the hose of a traffic measuring device on the
roadway.
02/26/03 There was a crash at the 5 way stop when a vehicle ran into the back of a
vehicle stopping for a stop sign.
Note: There is no reason to believe that either of these accidents would have been
avoided with speed bumps.
AGENDA ITEM #3C
OCTOBER 27, 2003
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10/29/02 A crash occurred at 1:18 AM when a vehicle was carjacked in Neptune Beach,
and the suspect drove too fast and recklessly on Plaza, hitting a sign and a lame palm
tree. (Please note that when this accident occurred, there were speed bumps on Plaza
Drive)
BUDGET: The cost for installing speed bumps and striping is $1,600.00.
RECOMMENDATIONS: After reviewing the traffic data available on the 300 block of
Plaza. Drive, the Police Department does not find any public safety justification for
adding speed bumps to the roadway.
ATTACHMENTS:
REVIEWED BY CITY MANAGER:
AGENDA ITEM NUMBER:
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Attachment D
Minutes - Ne~e27, 2003
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CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Expansion of Police "Take Home Car" Program
SUBMITTED BY: Public Safety
DATE: October 16, 2003
BACKGROUND:
The Atlantic Beach Police Department has a Take HomeJPersonal Use Car Plan that was
instituted in 1996. The Department's present boundaries are limited to the City limits of
Atlantic Beach and Neptune Beach, and the Mayport area. This excludes officers living in the
areas of Jacksonville Beach, San Pablo Road, and other areas that are nearby.
In addition to other practical advantages, this plan was implemented to make the department more
competitive with surrounding agencies that already had such programs. This plan enhanced the
recruitment and retention of officers, and it has resulted in improved maintenance and longer life
for the vehicles. It also provides additional officers available for responding to emergencies, and
it provide necessary transportation for major events such as the Sea and Air Show.
The surrounding agencies have modified their Take Home Car Plans to increase the boundaries
for assignment and use of the cars. The new guidelines have typically been established by
setting a five (5) mile radius from the city limits of each city. If we are to compete for
recruitment of officers, and to assist in retention of our present officers, the Atlantic Beach policy
is in need of revision.
Officers are not entitled to a vehicle. A take home car is a privilege not an entitlement. The
Director of Public Safety or his designee, assign vehicles on an assignment need and vehicle
availability basis.
BUDGET: With the acquisition of vehicles in this year's budget, and the vehicles in the present
fleet, the Department can establish and implement the modifications to the plan as set forth
below. The modifications can be implemented and funded in the present budget without
additional funding.
RECOMMENDATION:
We recommend that the boundaries in which officers must live and use Take Home Cars, be
modified to include the areas within five (5) miles of the city limits of Atlantic Beach.
ATTACHMENTS: None
REVIEWED BY CITY MANAGER:
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