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11-03-03 v• CITY OF ATLANTIC BEACH COMMISSION CITY/UNION IMPASSE MEETING NOVEMBER 3, 2003 AGENDA 5:00 P.M. Hearing for the purpose of resolving an impasse in contract negotiations between the City and the Fraternal Order of Police 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 MINUTES OF THE HEARING HELD IN ATLANTIC BEACH COMMISSION CHAMBERS AT 5.00 PM ON MONDAY, NOVEMBER 3, 2003 TO SETTLE THE IMPASSE INNEGOTIATIONS BETWEEN THE CITY OF ATLANTIC BEACH AND FRATERNAL ORDER OF POLICE UNION Present: John S. Meserve, Mayor Richard M. Beaver, Commissioner Mike Borno, Commissioner Paul B. Parsons, Commissioner J. Dezmond Waters, III Also: Jim Hanson, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk Gary Evans, Union Negotiator George Foster, City Negotiator The Mayor called the meeting to order and explained that the parties were at impasse on several issues and asked the City Attorney to explain the parameters of a quasi judicial hearing. Alan Jensen explained that a quasi judicial hearing was similar to a court case and that the City Commission would make their decisions based on the evidence presented to them by the City and Union at this hearing. Shade meetings were held and guidance was given to staffbut no decisions had been made on the items at impasse. Both parties had waived the right to go to a Special Master for resolution of the impasse and the matter was before the City Commission to resolve all issues. The Mayor said each party would have thirty minutes to present its case and ten minutes would be allowed for rebuttal, following which the public would be given an opportunity to address the City Commission and would be asked to limit their remarks to two minutes. The City Commission would then act on the issues at impasse. George Foster presented the City's position on the issues at impasse, as follows: 1. Wages (Article 26) The City wished to retain Palmer and Cay merit pay system. The pay scale would be increased by 3% and employees with more than six months service to the City would receive an increase equal to 6% of the new mid point of the pay scale. Detective Pay: The City proposed that Detectives receive a 10% increase. ~J Page Two Minutes -Impasse Hearing November 3, 2003 2. Bonuses (Article 26) Retain the employee performance bonus as a one-time bonus that would be paid in addition to the employee's regular pay. 3. Out of Position Pay (Article 26) Retain the current policy of paying an additional 5% to employees who were required to work out of their normal work classification for a period of four hours or more. 4. Overtime (Article 17) Change the current policy of paying overtime for hours worked that exceed the daily work shift and pay overtime for hours worked after 80 hours in a two-week period. Paid holidays, paid compensatory time taken, personal leave taken and other approved leave taken, except donated leave, to be included as "hours worked" for the purpose of overtime payment. 5. A. Promotions (Article 29) • Allow the City to determine the selection process to allow promotions to be based on the most qualified applicant for the job. B. Pay Increase -Promotion to Sergeant Pay an additional 12% for promotion to Sergeant 6. Holidays (Article 12) A. Change Employee's Birthday holiday to 8 hours of personal leave. B. Currently employees who work 10-hour shifts receive 100 hours of holiday pay while employees who work 8-hour days receive 80 hours of holiday pay. Change this section to pay all employees 80 hours of holiday pay. 7. Uniforms (Article 23) Delete mandated uniform items. The City provides all police officers with the necessary and required uniforms and equipment to perform their jobs. 8. Bulletin Boards (Article 22) Change current policy to allow the City to remove inappropriate material from Union bulletin boards. Page Three Minutes -Impasse Hearing November 3, 2003 9. FOP Time Pool (Article G) This time pool has not been used for many years. Delete this outdated provision. 10. Effective Date (Article 33) Mr. Foster requested that the new contract become effective on November 10, 2003 A copy of Mr. Foster's handout is attached hereto as Exhibit A. (Although not presented in the same order as the City's position, the Union's position on the issues at impasse is set forth below in the same order as presented by the City). Gary Evans presented the Union's position on the issues at impasse, as follows: 1. Article 2G Wages: The Union proposed to replace the Palmer and Cay pay plan with a step pay plan with 2% step increments; provide all police officers with a "one-time" conversion pay adjustment to enter the step plan based upon their current length of service; provide employees with a longevity step pay increase of 2% on their anniversary dates; effective October 1, 2004, provide a 4% pay increase plus a 2% longevity step increase; and Effective October 1, 2005, provide a 4% pay increase plus a 2% longevity step increase. 2. Article 2G Bonuses The Union proposed that bonuses be included within an employee's base pay and not a one- time payment. 3. Out of Position Pay (Article 26) The Union requested that the rate of pay be increased from the current 5% to 15% when employees are required to work out of their normal positions for a period of four hours, or more. 4. Overtime (Article 17) The Union supported the current policy of paying overtime for any hours worked that exceeded the daily schedule. C~ Page Four Minutes -Impasse Hearing November 3, 2003 5. A. Promotions (Article 24) The Union supported retaining the current promotional process which requires that there must be five eligible applicants before a written test could be given; applicants must have two years of service with the city; and upon completion of the testing procedure, the list ofthe top five successful applicants would remain in effect for promotional purposes for a period oftwo years. B. Pay Increase -Promotion to Sergeant The Union requested that employees receive a 15% increase upon promotion to Sergeant 6. Holidays (Article 12) A. Change Employee's Birthday holiday to Police Memorial Day, May 15 B. Provide 80 hours offwith pay if an employee works an 8-hour day and provide 100 hours off with pay if an employee works a 10-hour day. 7. Uniforms (Article 23) The Union requested that a dress hat with insignia, two long sleeve shirts and asnap-on tie be added to the required uniform list. 8. Bulletin Boards (Article 22) The Union supported retaining the current policy that provides that material posted on the FOP bulletin board within the Police Department may only be removed by the FOP. 9. FOP Time Pool (Article 6) The Union supported the current contractual language that allows police officers to donate leave time into a pool to be used by the Union Representative to attend meetings and training. • 10. Effective Date (Article 33) Mr. Evans requested that the new contract be made retroactive to October 1, 2003. A copy of Mr. Evans' handout is attached hereto as Exhibit B. Page Five Minutes -Impasse Hearing November 3, 2003 During rebuttal, Mr. Foster made the following points: • Wages: A pay study was conducted to resolve pay issues and a new classification and pay plan was implemented. Mr. Foster explained that the new plan would not perpetuate the pay compression problems that had existed in the past. He said that comparisons with the other beach cities had indicated that Atlantic Beach's pay scale was competitive until about the seventh year. He said that while the pay plan would need to be modified over time, he thought it was best for the City to stick with the plan. Mr. Foster said that exit interviews were conducted with employees who left and found that pay was not the primary reason for leaving. • Promotions: Based on the small number of officers, Mr. Foster said the city needed flexibility to promote based on performance. He said that while seniority should be a consideration, promotion should be based on performance. • Holidays: The City currently has eleven holidays. Based on 10-hour days, police officers get 110 hours holiday pay. The City proposes to reduce the holiday hours to 100. Mr. Foster explained how holiday pay and overtime was paid to police officers who worked on a holiday. • Uniforms: The City does not provide a Class A uniform which includes a hat, long sleeve shirt and tie, for every officer. However, requests for Class A uniforms would be considered on a case by case basis as needed. • FOP Time Pool: If implemented, records would have to be maintained on a manual basis. • Bulletin Board: The City felt that in the event the FOP Chairman was on leave, it may not always be possible to remove inappropriate material in a timely manner and was, therefore, requesting a change in the current policy to allow management to remove any inappropriate material. During rebuttal, Mr. Evans made the following points: • Mr. Evans said he appreciated that the City had made an effort to determine the cause of turnover in the Police Department and understood that there was not as much of an opportunity for promotion or for meeting career goals in a small city like Atlantic Beach as there would be in a larger police department. He thought the implementation of a step pay plan would help to make Atlantic Beach more competitive but pointed out that other cities were currently negotiating new contracts following which, there would probably be a larger discrepancy between Atlantic Beach and neighboring cities. He did not feel the Palmer and Cay plan would keep pace with other cities and thought that Atlantic Beach should strive to be one of the best places to work with one of the best paid police departments in the county, which he said, would result in a larger pool of applicants when vacancies occurred. Page Six Minutes -Impasse Hearing November 3, 2003 Regarding promotions, he thought the city needed to have a fair procedure in which promotions were not arbitrarily decided but one in which employees could compete fairly for promotions. The Mayor opened the floor and invited comments from the audience. • John Murr said he had operated a business in Atlantic Beach for eighteen years and had established a good relationship with the police department and would like to keep experienced police officers who knew him and his business. He said he would be glad to contribute to the cost of the Class A uniforms if cost was the problem. Penny Reilly, 159 Third Street said she was surprised to learn that Neptune Beach police officers were paid better than Atlantic Beach. She said she had called the Police Department several times over the years and would like to be able to keep experienced officers. • Officer Raynor, Chairman of FOP Bargaining Unit, said that the working conditions, turnovers, and pay scale, impact the patrolmen who are trying to do their jobs. He thought the need to continually train new officers affected the morale and physical stamina ofofficers. He pointed out that some of the issues at impasse had been in the contract for many years and had not been a problem. He asked that the City not reduce any existing benefits. • Penny Kamish, 193 Beach Avenue, said the City should strive to retain experienced officers and not have to have the expense of training new officers. • Detective Hatfield, noted that the City's position was to treat all employees equally. However, he thought police officers had a different and unique job and should be treated accordingly. • Jim Hunliff said he knew several police officers who were actively looking for jobs but they did not consider Atlantic Beach because of the pay scale, take home car policy, and promotional opportunities. While the City may not be able to do much about the promotional opportunities he thought the pay and benefits should be improved. • Jody Richards, resident and business owner, expressed concern regarding the cost of turnover. She did not think that a 6% pay increase was excessive and thought the city should compromise in other areas to be able to retain experienced officers. Since no one else wished to speak the Mayor closed the public comments and the City Commission addressed each issue individually. Page Seven Minutes -Impasse Hearing November 3, 2003 1. Article 26 Wages Commissioner Borno moved to adopt the City's position regarding wages. (Retain Palmer and Cay merit pay system. The pay scale would be increased by 3% and employees with more than six months service to the City would receive an increase equal to 6% ofthe mid point ofthe pay scale. Detective to receive a 10% increase.) The motion was seconded by Commissioner Parsons. Discussion ensued and it was pointed out that the Palmer and Cay plan would be revisited every 3-5 years. Commissioner Waters did not support either the Palmer and Cay plan or the Union proposal. He felt a compromise should be reached on the issue of wages and said he preferred a step plan. Commissioner Beaver asked if Atlantic Beach's rate of pay was lower than Neptune Beach. Mr. Foster thought the pay in Atlantic Beach was comparable to Neptune Beach but indicated that Neptune Beach police officers had received considerable increases in the past few years. He pointed out that pay raises were given in Neptune Beach based on the completion of various training. Dir. Thompson said he, too, had compared the Neptune Beach pay scale with Atlantic Beach and said that while the pay scales were comparable in the early years, there was a considerable disparity after about seven years. Commissioner Beaver felt that pay was the major issue and challenged the City to aggressively look at ways to make things better for the police and find ways to be able to afford a better rate of pay. Following further discussion it was agreed that the two proposals before the City Commission were very different and Mr. Evans and Mr. Foster agreed they could continue negotiations on this issue if the City Commission wished. The Mayor said he was opposed to a step plan and supported the City's position but agreed that the pay of senior officers would have to be addressed. Following further discussion, the motion carried on a vote of 4-1 with Commissioner Waters voting nay. 2. Article 26 Bonuses Commissioner Borno moved to accept the City's position regarding bonuses (Retain the employee performance bonus as a one-time payment in addition to the employee's regular pay). The motion was seconded by Commissioner Parsons. Following brief discussion the motion carried on a vote of 4-1 with Commissioner Waters voting nay. Page Eight Minutes -Impasse Hearing November 3, 2003 3. Out of Position Pay (Article 26) Commissioner Borno moved to adopt the City's position regarding out of position pay. (Retain the current policy of paying an additional 5% to employees who were required to work out of their normal work classification for over four hours). The motion was seconded by Commissioner Beaver. Commissioner Borno inquired ifthis was a frequent occurrence and was advised that officers frequently filled in for supervisors who were off. The motion carried unanimously. 4. Overtime (Article 17) Commissioner Waters moved to adopt the Union's proposal regarding overtime. (Retain the current policy and pay overtime for hours worked that exceed the daily work shift). The motion was seconded by Commissioner Beaver. Commissioner Borno asked if the current policy was in compliance with the Fair Labor Standards Act and was advised that the City's policy was more generous than FLSA standards required. Following further discussion, the motion failed on a unanimous vote. Commissioner Beaver then moved to adopt the City's position regarding overtime. (Pay overtime for hours worked after 80 hours in a two-week work period). The motion was second by Commission Borno and carried unanimously. 5. A. Promotions (Artictc 29) Commissioner Beaver moved to adopt the City's position regarding promotions. (Allow the City to promote the most qualified employee). The motion was seconded by Commissioner Borno. It was explained that this change would provide the ChiefofPolice the flexibility to establish the criteria and procedures prior to the promotion cycle, depending upon the availability of officers. Mr. Foster explained that the current policy required that five officers be available before the test for promotion could be given and the Police Chief must then select the individual for promotion from the top three without taking performance into consideration. Director Thompson explained that longevity would always be a consideration in promotions. Following further discussion, the motion carried on a 3-2 vote with Commissioners Borno and Waters voting Nay. • Page Nine Minutes -Impasse Hearing November 3, 2003 B. Pay Increase for promotion to Sergeant Commissioner Borno moved to accept the City's position regarding pay increase for promotion to Sergeant (Pay an additional 12% for promotion to Sergeant). The motion was seconded by Commissioner Parsons and carried unanimously. 6. A. Holidays -Birthday Holiday (Article 12) Commissioner Waters moved to change the Employee's Birthday holiday to Police Memorial Day (May 15). The motion died for lack of a second. Commissioner Beaver then moved to adopt the City's position regarding the Birthday Holiday (Change employee's Birthday from Holiday to eight hours of Personal Leave). The motion was seconded by Commissioner Parsons and carried on a vote of 4-1 with Commissioner Waters voting nay. B. Holidays (Article 12) Commissioner Parsons moved to adopt the City's position regarding holiday hours. (All full-time employees to be treated equally and provided with 80 hours of holiday hours offwith pay). The motion was seconded by Commissioner Borno. In response to a question from Commissioner Borno, Dir. Thompson explained that this action would reduce the holiday hours for police officers from 100 hours to 80 hours. Following brief discussion, on roll-call vote the motion failed on a vote of 2 - 3 with Commissoner Parsons and Mayor Meserve voting aye and Commissioners Beaver, Borno, and Waters voting nay. Commissioner Borno then moved to adopt the Union proposal regarding holiday hours. (Provide 80 hours of holiday hours off with pay if employee works an 8-hour day and 100 hours of holiday hours offwith pay ifemployee works a 10-hour day). The motion carried on a vote of 3 - 2 with Commissioners Beaver, Borno, and Waters voting aye and Commissioner Parsons and Mayor Mescrve voting nay. 7. Uniforms (Article 23) Commissioner Waters moved to adopt the Union's proposal regarding uniforms (Add dress hat with insignia, two long sleeve shirts and asnap-on tie to the list of required uniform items). The motion was seconded by Commissioner Borno. Brief discussion ensued regarding the requested items and Dir. Thompson explained that he would prefer to dispense with the list and to provide all officers with the uniform and equipment items needed to perform the job. While it would be his intent to approve requests for the additional items, he doubted that every officer would use, or request a Class A, dress uniform. Following brief discussion, the motion failed on a vote of4-1 with Commissioner Page Ten Minutes -Impasse Hearing November 3, 2003 Waters voting nay. Commissioner Beaver then moved to adopt the City's position regarding uniforms (Delete mandated items and allow the City to provide the uniform as needed). The motion was seconded by Commissioner Parsons and carried unanimously. Commissioner Borno requested that officers' requests for the Class A uniform items be handled on an individual basis. 8. Bulletin Boards (Article 22) Commissioner Borno moved to adopt the City's position regarding bulletin boards (City to have the right to remove inappropriate material). The motion was seconded by Commissioner Parsons. ~~ ~~ Discussion ensued and it was pointed out that it would not always be possible to remove inappropriate material in a timely manner if the FOP representative was on leave or unavailable for any other reason. However, it was felt that the Union may have concerns about Union material being removed. Officer Raynor said that the bulletin board was his means of communicating with members and it was important for him to be able to track when items were posted and removed from the board. Following further discussion, Commissioner Borno moved to amend the motion to require that any material removed from the bulletin board by the Police Chief be delivered to the FOP representative. The motion and amended motion carried on a vote of 3 - 2 with Commissioners Borno and Waters voting nay. 9. FOP Time Pool (Article G) Commissioner Parsons moved for adoption of the City's position regarding FOP pool time. (Delete FOP pool time provisions). The motion was seconded by Commissioner Borno. Discussion ensued and it was pointed out that this provision had been included in the contract for many years but it had not been used in a long time and that it would require manual record-keeping to track the hours. Officer Raynor, however, pointed out that the pool time allowed him to attend Union meetings and seminars and to keep up with FOP education and training without depleting his personal leave time, and indicated that the Union would be willing to track the hours in the pool. • Following further discussion, the motion failed on a vote of 1-4 with Commissioner Parsons voting yea, and the Mayor and Commissioners Beaver, Borno, and Waters voting nay. Page Eleven Minutes -Impasse Hearing November 3, 2003 Commissioner Beaver then moved to accept the Union's proposal regarding FOP time pool (Retain the current provisions). The motion was seconded by Commissioner Waters and carried on a 4-1 vote with Commissioner Parsons voting nay. 10. 1/ffectivc Date (Article 33) The Mayor recommended that the contract become effective tonight. Commissioner Waters moved that the wage part of the contract be retroactive to October 1 and all other parts of the contract become effective November 10. The motion was seconded by Commissioner Beaver. Following brief discussion, the motion carried unanimously. In further discussion Commissioner Waters suggested that the FOP contract be compared with Neptune Beach's contract. He said he was concerned with the turnover and thought this should be discussed in the City Commission's next strategic planning session. Officer Raynor referenced a committee that was formed to review employee benefits and requested that the FOP be advised of such activities in the future. Commissioner Waters also inquired why the handouts that were provided this evening could not have been made available to Commissioners before the meeting so they would have been able to compare the Umon and City's proposals. Mr. Foster advised that when an impasse is declared, Florida law prohibited the distribution of such material and said that Commissioners must make their decisions based on the evidence presented by both sides at the impasse hearing. The Mayor declared the impasse resolved and adjourned t~e~~m~eting 7:55 p.m. ATTEST: Maureen King, C C City Clerk Officer • EXHIBIT A IMPASSE MINUTES -11/03/2003 INDEX • SUMMARY POLICE UNION • • Sub'ect Cit Position Union Position 1 Wages Retain City Merit Pay System Replace City Merit Pay System implemented on Oct 2001: with new Step Plan. • +3% pay scale adjustment one time pay adjustment based • +3% pay adjustment if less than on Longevity 6 months of service • +2% longevity step increases on • +6% of new midpoint pay anniversary date adjustment if more than 6 10/01/04: Step + 4% plus months of service longevity step increase • employee must receive a 10/01/04: Step + 4% plus satisfactory evaluation longevity step increase • +4% bonus based on performance . Detective Pa Shall receive +10% a increase To receive +15% a increase 2 Bonuses One time lump sum +4% bonus in Bonus added to base pay addition to em to ee's base a 3 Out of Position Pay +5% above current pay Pay +15% above current pay Pay 4 Overtime Pay overtime for hours worked Pay overtime for hours worked that after 80 in a two week work eriod exceed dail work shift 5 Promotions A City be allowed to promote most Retain current provisions qualified employee 5 Pa Increase B Promotion to Ser eant = +12% Promotion to Ser eant = +15% 6 Holidays A Change employee's Birthday from . Change employee's Birthday to Holiday to 8 hours of Personal Police Memorial Day Leave (4'1~,,~ i S 6 B All full time employees to be Provide 80 hours of holiday hours 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 7 Uniforms Delete mandated uniform items Add to required uniform list: and allow City to provide as -Dress Hat with insignia needed -Two (2) long sleeve shirts - Sna on tie 8 Bulletin Boards City to have right to remove Retain current provision: ina ro riate material onl FOP can remove material 9 FOP Time Pool Delete FOP Pool Time provisions Retain current provisions 10 Effective Date November 10, 2003 October 1, 2003 November 3, 2003 // Human Resources // George Foster • Item 1 • • • ITEM 1 -WAGES BACKGROUND AND CURRENT POLICY: In 2001, the Police union participated in a City Classification and Pay study and agreed to the recommendations of the consultants that: - The City implement an "open range" pay plan with a minimum, midpoint, and maximum pay for each City job. - Pay increases be based upon a percentage of the midpoint of the pay range for each grade. - A "one time conversion" adjustment of pay provided to all employees based upon recommendations of the consultants. CITY PROPOSAL: Continue to use the above policies and procedures and retain the City merit pay plan by providing police union employees with the same pay increase as provided other City employees. UNION PROPOSAL: 1. Replace the City pay plan with a longevity "step" pay plan with +2% step increments. 2. Provide all police employees with a "one time" conversion pay adjustment to enter the step pay plan. 3. Provide all employees with a longevity step pay increase of +2% on their anmversary date, i.e., date of hire. 4. Effective 10/01/04, provide a +4% pay increase plus the +2% longevity step increase. 5. Effective 10/01/O5, provide a +4% pay increase plus the +2% longevity step increase. COMMENTS: 1. Prior City pay policy over many years resulted in pay issues. 2. Took years to create issues and funds not available to solve issues overnight. 3. Would replace current City merit pay plan with a longevity "step" pay plan. 4. Police pay increases would vary from 6.68% ($2,059) to over 20% ($9,104). 5. If implemented for police officers, would need to consider pay adjustments for their nonunion supervisors and for all other employees. 6. For police, would cost 12.65% or $93,804 versus budgeted amount of approximately $44,429. 7. For City, estimated cost to implement would be approximately $361,317. OTHER POLICIES: General Employees: Receive pay increase under current City merit pay plan. Blue Collar Union Employees: Receive pay increase under current City merit pay plan. White Collar Union Employees: Receive pay increase under current City merit pay plan. • ARTICLE 26 WAGES 26.1 Effective ,the salarv ranges within Exhibit "A" are increased by three percent (3%). Employees covered by this Agreement on Aete~bzr- , ~nn~~ shall have their pay adjusted as follows: If m ore that s ix (6) months s ervice a nd h ave r eceived a s atisfactory, o r a bove, performance evaluation: by €eu~ six percent (4-°,~-} L%) of the new midpoint for their pay grade to be effective .. (See Attachment "A"). The salary ranges for netiv employees are included within Attachment A. If less than six (6) months service their pay shall be adjusted by three percent 3% . Minimum Pay: In no case shall an employee's pay be set below the minimum established for the grade of the employee. Maximum pay. An employee's pay shall not exceed the maximum established for their grade. Detective Pay. Employees assigned by the Chief of Police as a Detective shall receive pay at a rate of ten percent (10%) above the employee's regular rate of pay. - If an emplovee does not receive at least a "Meets Requirements" overall evaluation, then shall not receive a pav adjustment and the supervisor may take action to terminate the emplovee or the emplovee maybe counseled and placed in a 90-day improvement period and reevaluated in accordance with the Citv's performance evaluation program guidelines. Bonuses. Employees of the bargaining unit are eligible to receive a bonus based upon performance in accordance with the Citv's performance evaluation program guidelines. 26.2 Except as provided herein, original appointment to the classification of Police Officer will be made at the entrance rate of pay. The City Manager may approve initial compensation at a higher rate than the minimum rate. Such decision shall not be subject to the grievance or arbitration provisions of this Agreement. However, a new employee may only be hired at a rate above the entrance rate of pay established for the position if: Impasse -November 3, 2003 City Proposal -Change 2 -August 27, 2003 - in Bold Italics City Proposal -Change 1 -July 23, 2003 City Proposal -July 15, 2003 • a. The needs of the City make such hire action necessary and all other employees within the same classification have their base salaries adjusted to be at least equal to that of the newly hired employee, or; b. The new employee has job related training and/or experience that clearly exceeds that of current employees. Prior to City Manager approval of initial pay under this provision, the City will notify the union, in writing, of the proposed action and allow the union three (3) workdays to provide comments. 26.3 The City shall assume the responsibility for certain pension contributions for bargaining unit members. Beginning with Fiscal Year 1996/1997 (October 1, 1996), the bargaining u nit m embers p ension c ontribution rate s hall b e reduced from 4.815% t o 2.315% of salary. Beginning with Fiscal Year 1997/1998 (October 1, 1997), the bargaining u nit m embers p ension c ontribution rate s hall b e reduced from 2.315% t o 1.000% of salary. 26.4 Any employee covered by this Agreement who is assigned by the Chief of Police to work in the Investigative Division as a detective shall receive pay at a rate ten (10%) percent above the employee's regular hourly rate of pay. Such percentage shall not be added t o t he b ase p ay b ut s hall b e i n a ddition t o t he b ase p ay a nd a pply t o a 11 p ay, overtime, compensatory time paid, etc. received by the officer. 26.5 Any Employee covered by this Agreement who is temporarily required by the Chief of Police or his designee to perform the duties of a Sergeant or Lieutenant shall receive pay at a rate five (S%) percent above the employee's regular rate of pay, provided that no other Sergeant or Lieutenant is on duty and that: a. The duties and responsibilities of the higher classification are assumed in full for a minimum of four (4) uninterrupted hours; and b. The assignment is not for the purpose of on-the job training.. If the two (2) conditions set forth are not fully satisfied, the employee will receive the rate of pay of his regularly assigned classification for each hour worked in the Sergeant or Lieutenant position. 26.6 Promotion. Officers promoted to the rank of Sergeant shall receive a salary increase at the time. the promotion becomes effective, to at least the minimum of their new pay range o r a n a mount equal t o t he p ercentage d ifference b etween t he current a nd n ew grade midpoints (not to exceed 12%), whichever is greater. (a) Calculating a Promotional Increase. Since a promotional increase is granted to recognize the assumption of additional job duties and responsibilities, the size of Impasse -November 3, 2003 City Proposal -Change 2 -August 27, 2003 - in Bold Italics City Proposal -Change 1 -July 23, 2003 City Proposal -July 15, 2003 the increase is calculated as a function of the size of the promotion, rather than as a percentage of current salary. The formula used to calculate the promotional increase is as follows: New Midpoint -Current Midpoint =Promotion Increase Amount (%*) Current Midpoint Or An increase to the minimum of the new pay grade, whichever is greater. * Not to exceed 12% unless required to bring the employee's salary to the minimum of the new pay grade. (b) Anniversary Date. A new anniversary date will be established as the effective date of promotion. (c) Minimum Pay. In no case shall a promoted employee's salary be set below the base salary of the position to which they were promoted. 26.7 Any employee covered by this Agreement who is required by the Chief of Police or his designee to perform the duties of a Field Training Officer (FTO) shall receive pay at a rate of five (5%) percent above the employee's regular rate of pay while the employee is actually performing the duties of an FTO. 26.8 Longevity Pay. Employees shall receive an additional twenty- five dollars ($25.00) per month, for each five years served with the City as follows: Years of Service Monthly Starting Thru Payment 0 5 $ 0.00 6 10 $ 25.00 11 15 $ 50.00 16 20 $ 75.00 21 + $ 100.00 Impasse -November 3, 2003 City Proposal -Change 2 -August 27, 2003 - in Bold Italics City Proposal -Change 1 -July 23, 2003 City Proposal -July 15, 2003 '• Police Pay Agreement Attachment A PAY SCALE • Salary Range Hourly Range Title Grd Min Mid Max Min Mid Max Pot i c e Officer 19 3.8 ; 8-8-6 -3 8 ; 5-A 8 T6 , '' ^ ^ ~4 °~ 8-5~ ~z-~ 31,720 39,666 47,611 15.25 19.07 22.89 Detective * 19 33 ~8-8~'' ~ -~3 5-9- T8 S~-&- ~o~ Z , . , - - -g~6 z.=~}.4 34,902 43,638 52,374 16.78 20.98. 25.18 Sergeant 21 ~ss~8 4~'~9-1~- 58,76 =6~ -2-2.6.9 ~'~-8.~ 36,317 48,422 60,528 17.46 23.28 29.10 * Includes +10o Detective Pay. NOTE 6% of new midpoint Police Officer: $ 1.14 $ 2,371.20 Detective: $ 1.26 $ 2,620.80 Sergeant: $ 1.40 $ 2,912.00 City Proposal -July 15, 2003 1 City Proposal - Change 1 -July 31, 2003 - In Bold Italics City Proposal - Change 2 -August 27, 2003 - In bold Italics • Item 2 • • ITEM 2 -BONUSES • CURRENT POLICY: On September 8, 2003, the City Commission approved implementation, effective October 1, 2003, of the merit-based component of the pay system recommended by the consultants in October 2001. The merit pay component of this system was to provide all employees that had received at least an overall satisfactory evaluation a pay adjustment. In addition, based upon overall performance and with the approval of the City Manager, employees were eligible to receive a "one-time" bonus of +4°/a. CITY PROPOSAL: Retain the employee performance bonus as a "one time" bonus paid in addition to the employee's pay. UNION PROPOSAL: Include any employee bonus within the employee's base pay. COMMENTS: The bonus program was implemented to reward those employees with outstanding performance during the year with aone-time lump sum bonus. To implement the unions proposal would provide employees with a continuing "reward" for outstanding performance during one, and only one, year of employment, regardless of overall future performance. The bonus would also increase during future years with each pay adjustment. OTHER POLICIES: General Employees: Received "one time" bonuses under City Merit Pay Plan. Blue Collar Union Employees: Received "one time" bonuses under City Merit Pay Plan. White Collar Union Employees: Received "one time" bonuses under City Merit Pay Plan. ~~ ~~ ARTICLE 26 WAGES 26.1 Effective ,the salary ranges within Exhibit "A" are increased by three percent (3%). Employees covered by this Agreement on ~e-teboz-r-3ho2, shall have their pay adjusted as follows: If m ore that s ix (61 months s ervice a nd_h ave r eceived a s atisfactory, o r a Bove, performance evaluation:. by faux six percent f~) L%) of the new midpoint for their pay grade to be effective oc-teb~r ', 'n"' (See Attachment "A"). The salary ranges for new employees are included within Attachment A. If less than six (6) months service their pay shall be adjusted by three percent 3% . Minimum Pay: In no case shall an employee's pay be set below the minimum established for the grade of the employee. Maximum pay. An employee's pay shall not exceed the maximum established for their grade. Detective Pay. Employees assigned by the Chief of Police as a Detective shall receive pay at a rate often percent (10%) above the employee's regular rate of pay. If an employee does not receive at least a "Meets Requirements" overall evaluation, they shall not receive a pay adjustment and the supervisor may take action to terminate the employee or the employee may be counseled and placed in a 90-day improvement period and reevaluated in accordance with the City's performance evaluation program guidelines. Bonuses. Employees of the bargaining unit are eligible to receive a bonus based upon performance in accordance with the City's performance evaluation program guidelines. 26.2 Except as provided herein, original appointment to the classification of Police Officer will be made at the entrance rate of pay. The City Manager may approve initial compensation at a higher rate than the minimum rate. Such decision shall not be subject to the grievance or arbitration provisions of this Agreement. However, a new employee may only be hired at a rate above the entrance rate of pay established for the position if: Impasse -November 3, 2003 City Proposal -Change 2 -August 27, 2003 - in Bold Italics City Proposal -Change 1 -July 23, 2003 City Proposal -July 15, 2003 a. The needs of the City make such hire action necessary and all other employees within the same classification have their base salaries adjusted to be at least equal •. to that of the newly hired employee, or; b. The new employee has job related training and/or experience that clearly exceeds that of current employees. Prior to City Manager approval of initial pay under .this provision, the City will notify the union, in writing, of the proposed action and allow the union three (3) workdays to provide comments. 26.3 The City shall assume the responsibility for certain pension contributions for bargaining unit members. Beginning with Fiscal Year 1996/1997 (October 1, 1996), the bargaining u nit m embers p ension c ontribution rate s hall b e reduced from 4.815% t o 2.315% of salary. Beginning with Fiscal Year 1997/1998 (October 1, 1997), the bargaining u nit m embers p ension c ontribution rate s hall b e reduced from 2.315% t o 1.000% of salary. 26.4 Any employee covered by this Agreement who is assigned by the Chief of Police to work in the Investigative Division as a detective shall receive pay at a rate ten (10%) percent above the employee's regular hourly rate of pay. Such percentage shall not be added t o t he b ase p ay b ut s hall b e i n g ddition t o t he b ase p ay a nd a pply t o g 11 p ay, overtime, compensatory time paid, etc. received by the officer. 26.5 Any Employee covered by this Agreement who is temporarily required by the Chief of Police or his designee to perform the duties of a Sergeant or Lieutenant shall receive pay at a rate five (5%) percent above the employee's regular rate of pay, provided that no other Sergeant or Lieutenant is on duty and that: a. The .duties and responsibilities of the higher classification are assumed in full for a minimum of four (4) uninterrupted hours; and b. The assignment is not for the purpose of on-the job training. If the two (2) conditions set forth are not fully satisfied, the employee will receive the rate of pay of his regularly assigned classification for each hour worked in the Sergeant or Lieutenant position. 26.6 Promotion. Officers promoted to the rank of Sergeant shall receive a salary increase at the time the promotion becomes effective, to at least the minimum of their new pay range o r a n a mount equal t o t he p ercentage d ifference b etween t he current a nd n ew grade midpoints (not to exceed 12%), whichever is greater. (a) Calculating a Promotional Increase. Since a promotional increase is granted to recognize the assumption of additional job duties and responsibilities, the size of Impasse -November 3, 2003 City Proposal -Change 2 -August 27, 2003 - in Bold Italics City Proposal -Change 1 -July 23, 2003 City Proposal -July 15, 2003 the increase is calculated as a function of the size of the promotion, rather than as a percentage of current salary. The formula used to calculate the promotional increase is as follows: New Midpoint -Current Midpoint =Promotion Increase Amount (%*) Current Midpoint Or An increase to the minimum of the new pay grade, whichever is greater. * Not to eYCeed 12% unless required to bring the employee's salary to the minimum of the new pay grade. (b) Anniversary Date. A new anniversary date will be established as the effective date of promotion. (c) Minimum Pay. In no case shall a promoted employee's salary be set below the base salary of the position to which they were promoted. 26.7 Any employee covered by this Agreement who is required by the Chief of Police or his designee to perform the duties of a Field Training Officer (FTO) shall receive pay at a rate of five (5%) percent above the employee's regular rate of pay while the employee is actually performing the duties of an FTO. 26.8 Longevity Pay. Employees shall receive an additional twenty- five dollars ($25.00) per month, for each five years served with the City as follows: Years of Service Monthly Starting Thru Payment 0 5 $ 0.00 6 10 $ 25.00 11 15 $ 50.00 16 20 $ 75.00 21 + $ 100.00 Impasse -November 3, 2003 City Proposal -Change 2 -August 27, 2003 - in Bold Italics City Proposal -Change 1 -July 23, 2003 City Proposal -July 15, 2003 • Item 3 U ITEM 3 -OUT OF POSITION PAY CURRENT POLICY: Employees required to perform the duties of a Sergeant or Lieutenant for a minimum of four (4) uninterrupted hours and the assignment is not for on-the job-training shall receive pay at a rate five percent (5%) above their regular rate of pay. For Blue Collar union employees: Any employee who is temporarily required by the appropriate Department Head or his designee to perform the duties of a higher classification shall receive pay at a rate of five (5%) percent above the employee's regular rate of pay, provided that: (a) The duties and responsibilities of the higher classification are assumed in full for a minimum of one (1) eight-hour working day, and; (b) The working out of classification pay is approved by the City Manager or his designee prior to appointment of the employee to the higher position. If the two (2) conditions set forth are not fully satisfied, the employee will receive the rate of pay of his regularly assigned classification for each hour worked in the higher classification. For Other City employees: (a) Eli ibility. The employee must substantially assume the duties and responsibilities of the higher grade position and be expected to perform such duties for a period that will exceed five (5) working days (40 hours). (b) Period -Maximum. Payment of acting capacity pay will normally not exceed six months. (c) Processing. All requests for acting capacity pay will be fully justified and approved by the City Manager prior to payment. CITY PROPOSAL: No changes to current procedures. UNION PROPOSAL: Employees to receive pay at an additional +12%. COMMENTS: No changes to current procedures. OTHER POLICIES:. General Employees: See above "current policy". Blue Collar Union Employees: See above "current policy". White Collar Union Employees: Same as above for General Employees. ARTICLE 26 WAGES 26.1 Effective ,the salarv ranges within Exhibit "A" are increased by three percent (3%}. Employees covered by this Agreement on , .. .., shall have their pay adjusted as follows: If m ore that's ix (6} months s ervice a_nd h ave r eceived a s atisfactory, o r a bove, performance evaluation:. by four six percent {~l"/o} L%) of the new midpoint for their pay grade to be effective ^~et•a~°r '~~"2 (See Attachment "A"). The salary ranges for new employees are included tivithin Attachment A. If less than six (6} months service their pav shall be adjusted by three percent 3% . Minimum Pay: In no case shall an employee's pay be set below the minimum established for the grade of the employee. Maximum pay. An employee's pay shall not exceed the maximum established for their grade.. . Detective Pay. Employees assigned by the Chief of Police as a Detective shall receive pay at a rate of ten percent (10%) above the employee's regular rate of pay. If an emnlovee does not receive at least a "Meets Requir_e_ments" overall evaluation, they shall not receive a pav adjustment and the supervisor may take action to terminate the employee or the employee may be counseled and placed in a 90-day improvement period and reevaluated in accordance with the City's performance evaluation program guidelines. Bonuses. Employees of the bargaining unit are eligible to receive a bonus based upon performance in accordance with the City's performance evaluation program guidelines. 26.2 Except as provided herein, original appointment to the classification of Police Officer will be made at the entrance rate of pay. The City Manager may approve initial compensation at a higher rate than the minimum rate. Such decision shall not be subject to the grievance or arbitration provisions of this Agreement. However, a new employee may only be hired at a rate above the entrance rate of pay established for the position if: Impasse -November 3, 2003 City Proposal -Change 2 -August 27, 2003 - in Bold Italics City Proposal -Change 1 -July 23, 2003 City Proposal -July 15, 2003 a. The needs of the City make such hire action necessary and all other employees within the same classification have their base salaries adjusted to be at least equal to that of the newly hired employee, or; b. The new employee has job related training andlor experience that clearly exceeds that of current employees. Prior to City Manager approval of initial pay under this provision, the City will notify the union, in writing, of the proposed action and allow the union three (3) workdays to provide comments. 26.3 The City shall assume the responsibility for certain pension contributions for bargaining unit members. Beginning with Fiscal Year 1996/1997 (October 1, 1996), the bargaining u nit m embers p ension c ontribution rate s hall b e reduced from 4.815% t o 2.315% of salary. Beginning with Fiscal Year 1997/1998 (October 1, 1997), the bargaining u nit m embers p ension c ontribution rate s hall b e reduced from 2.315% t o 1.000% of salary. 26.4 Any employee covered by this Agreement who is assigned by the Chief of Police to work in the Investigative Division as a detective shall receive pay at a rate ten (10%) percent above the employee's regular hourly rate of pay. Such percentage shall not be added t o t he b ase p ay b ut s hall b e i n a ddition t o t he b ase p ay a rid a pply t b a 11 p ay, overtime, compensatory time paid, etc. received by the officer. 26.5 Any Employee covered by this Agreement who is temporarily required by the Chief of Police or his designee to perform the duties of a Sergeant or Lieutenant shall receive pay at a rate five (5%) percent above the employee's regular rate of pay, provided that no other Sergeant or Lieutenant is on duty and that: a. The duties and responsibilities of the higher classification are assumed in full for a minimum of four (4) uninterrupted hours; and b. The assignment is not for the purpose of on-the job training. If the two (2) conditions set forth are not fully satisfied, the employee will receive the rate of pay of his regularly assigned classification for each hour worked in the Sergeant or Lieutenant position. 26.6 Promotion. Officers promoted to the rank of Sergeant shall receive a salary increase at the time the promotion becomes effective, to at least the minimum of their new pay range o r a n a mount equal t o t he p ercentage d ifference b etween t he current a rid n ew grade midpoints (not to exceed 12%), whichever is greater. (a) Calculating a Promotional Increase. Since a promotional increase is granted to recognize the assumption of additional job duties and responsibilities, the size of • Impasse -November 3, 2003 City Proposal -Change 2 -August 27, 2003 - in Bold Italics City Proposal -Change 1 -July 23, 2003 City Proposal -July 15, 2003 the increase is calculated as a function of the size of the promotion, rather than as a percentage of current salary. The formula used to calculate the promotional increase is as follows: New Midpoint -Current Midpoint =Promotion Increase Amount (%*) Current Midpoint Or An increase to the minimum of the new pay grade, whichever is greater. * Not to exceed 12% unless required to bring the employee's salary to the minimum of the new pay grade. (b) Anniversary Date. A new anniversary date will be established as the effective date of promotion. (c) Minimum Pay. In no case shall a promoted employee's salary be set below the base salary of the position to which they were promoted. 26.7 Any employee covered by this Agreement who is required by the Chief of Police or his designee to perform the duties of a Field Training Officer (FTO) shall receive pay at a rate of five (5%) percent above the employee's regular rate of pay while the employee is actually performing the duties of an FTO. 26.8 Longevity Pay. Employees shall receive an additional twenty- five dollars ($25.00) per month, for each five years served with the City as follows: Years of Service Monthly Startin Thru Pa ment 0 5 $ 0.00 6 10 $ 25.00 11 15 $ 50.00 16 20 $ 75.00 21 + $ 100.00 • Impasse -November 3, 2003 City Proposal -Change 2 -August 27, 2003 - in Bold Italics City Proposal -Change 1 -July 23, 2003 City Proposal -July 15, 2003 • Item 4 • ~J ITEM 4 -OVERTIME CURRENT POLICY: Overtime is paid on a daily basis for all hours worked that exceed the officer's normal work schedule. CITY PROPOSAL: Initial City proposal: Overtime be paid for all hours worked over 80 in any 14 consecutive calendar day City established work period. Current City proposal: Overtime be paid for all hours worked over 80 in any 14 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: • The Fair Labor Standards Act (FLSA) allows the City to establish a work perood of up to riventy-eight (28) days where overtime does not have to be paid until after 171 hours worked or to establish a fourteen (14) day work period where overtime does not have to be paid until after 86 hours worked (See attached table). In accordance with the FLSA, only actual hours worked need be counted toward overtime pay entitlement. Pension Committee recommended that overtime be paid based upon hours worked over 40 within a seven (7) consecutive calendar day City established work period. Change will allow City to provide flexible work schedules, improving employee morale. 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 "work period" policy is current policy. Blue Collar Union Employees: City proposed "work period" policy is current policy. White Collar Union Employees: City proposed "work period" policy is current policy. • .ARTICLE 17 HOURS OF WORK AND OVERTIME 17.1 The bargaining unit employee's basic work period shall be based on the Fair Labor Standards Act (FLSA) with a work period of twenty-eight (28) days. The basic workweek for an employee covered by this Agreement will consist of an average of 40 hours per week and 160 hours per 28-day work period. When the City deems it necessary, the basic work week may be changed, provided the employees are given at least seven (7} calendar days notice prior to the change. 17.2 Whenever the Chief of Police or the City Manager permits an employee (at the employee's request) to attend a training seminar or training program which is not specifically assigned, the employee shall have no right to receive any compensation or compensatory time for the hours spent traveling to or from or attending the seminar or program. However, the Chief of .Police or City manager may at their discretion compensate the employee for attending the seminar or program and/or reimburse the employee for travel or lodging expenses. Such decision is not subject to the grievance or arbitration procedures of this agreement. 17.3 Except as provided in Section 17.4, all hours worked in excess of ^r °m^'^~~°°'~'~^~~^ •..^-vwri~shix~t 80 hours in a two work tiveek cycle shall be considered overtime and shall be compensated at the rate of one and one-half (1 %2) times the employee's regular hourly rate of pay. Employee's paid holidays taken, paid compensatory time take, personal leave taken and other approved paid leave taken, except donated leave, shall be included as "hours worked" for the purpose of overtime patent. 17.4 An employee will have the option of receiving compensatory time off or overtime pay provided 85% or more or the overtime budget has not been expended at the time the overtime work is performed. However, the maximum amount of compensatory time, which may be accrued under this agreement (including Article 12 and Article 17), is one-hundred (100) hours of compensatory time. Under this Article, compensatory time shall b e a ccrued a t t he s ame r ate a s o vertime p ay, i .e. o ne and o ne-half (11/Z) t imes. Once an employee accrues one-hundred (100) hours of compensatory time, no further accrual of compensatory time will be allowed. Thereafter, hours worked in excess of an employee's regular 80 hour scheduled two week work sly cycle shall be considered overtime and be compensated at the rate of one and one-half (1 %2) times the . employee's regular hourly rate of pay. If an employee accrues an excess of one- hundred (100) hours of compensatory time because of time given for holidays or other circumstances, the employee will decrease the excess compensatory time within thirty days o f t he a xcess a ccrual o n a v oluntary b asis, o r t ime o ff w ill b e a signed b y t he Chief of Police or his designee to decrease the compensatory time in excess of one- hundred (100) hours. 17.5 For t he p urpose o f t aking compensatory t ime o ff, t he e mployee s hall, i n a ccordance with procedures for Personal Leave, Article 13, request to be allowed to utilize his Impasse -November 3, 2003 City Proposal -Change 1, August 27, 2003 -Changes in Bold Italics City Proposal -July 15, 2003 accrued hours. All accrued compensatory time ^~'~' ~r °°^°°° ^~' *°^ r' n' ''^~~r^ must be taken during the fiscal year (October 1 September 30) in which it is earned. If not, the employee shall receive a cash payment for the excess unused compensatory time on or after the last pay period of the fiscal year but no later than b°~^r° ~.r^~r°^'''°" ' ~ ^~+'~° r^'~g September 30th of the same fiscal year at the regular hourly rate earned by the employee at the time the employee receives such payment. 17.6 Hours worked in excess of the employee's scheduled 80 hour work shy cycle due to emergency situations such as hurricanes, tornadoes, civil disorders and other like matters, will be compensated for at the rate of one and one-half (1 %Z) times the employee's regular hourly rate of pay. 17.7 When an employee is required to appear as a witness at a deposition on a pending criminal,civil, o r t raffic c ase o r a s a w fitness i n a p ending d epartmental d isciplinary action, where the employee is or was involved in his official police capacity, and such appearance occurs when the employee is scheduled to be off duty, he shall be compensated at the overtime rate of pay for the reasonable time spent traveling to and from the location of the deposition and for the time spent in performing his duties as a witness, with a minimum of three (3) hours. Provided, however, the employee must submit to the Police Chief a copy of any notice of deposition and must remit to the City any witness fee or fees received in connection with the appearance. 17.8 In changing work schedules, management will take into consideration the interests of the employees affected and the needs of the department. The City will give as much advance notice as possible. Where possible there should be a minimum of twelve hours between t he completion o f t he e mployee's p rior w ork s hilt and t he b eginning o f t he next work shift. This section does not apply in overtime circumstances. 17.9 Training davs are viewed as hours worked, and the City may assign and/or reschedule employees at the City's discretion. If a training day is canceled, the effected employee shall have the option of using compensatory time or personal leave to cover the canceled day unless scheduled to work by the City. If the employee has fifty (50) hours of compensatory time or less accrued, the employee may work on that training day on the shift he is scheduled to work for that twenty-eight (28) day work cycle, and shall notify the effected shift supervisor of that intention and for assignment. Impasse -November 3, 2003 City Proposal -Change 1, August 27, 2003 -Changes in Bold Italics City Proposal -July 15, 2003 i• ~i Maximum Hours Worked (Rounded) Before- Overtime: . Consecutive-Day ~` Hours Of Fire ~ ~ Hours Of Law , . . Work Period ~~ .Protection Enforcement . . .. ; 28 212 ~ .. 171. .~ .. ~ . 27 ~. 204. ~ 165 -26 ~ 197. ~ 159 . .. 25 189. ~ 153 24 I82. ~. 147 ~ .. 2 3 ~ ~ 17 4 ~ ~ 141 22 ~ ~ 167 ~ 134 21 .159 128 - ~~ 20 . ~. 151 ~ 122 lg .. 18:. ~ ~ 144 ~ 136~~ ... 116 110. 17 - ~ 129 I04 ~ . 16 121 ~ 98 . ~ . 15 114' 92. . 14, ,. .. 106 ~ .. ~.86 ~ .. .13 .98 ~ ~ ~ .79 . ~ 12 91 ~ ~ 73 . .i l .. 83. 67 10 76 .~ 61 ~. 9. 68 ~ 55 g 61 ~ 49 7 53 ~ ~ 43 i• • Item 5 • ~J ITEM 5 -PROMOTIONS s CURRENT POLICY: Requires minimum of 2 years of service with the City and minimum of 5 eligible employees to take and pass a written exam. Current eligibility listing, once established, must, according to union, be utilized for two (2) years from the initial testing date. CITY PROPOSAL: City to determine selection policies and procedures. UNION PROPOSAL: Retain current policy. COMMENTS: Current policy does not provide City with flexibility and does not allow for consideration of the total experience of an officer. City must have a minimum of 5 employees that have taken and passed test prior to being able to promote any employee. Promotion list remains active for a period of two (2) years from the date of the initial test and, according to the union, must be utilized for as long as eligible employees are on the list or two (2) years have passed. OTHER POLICIES: General Employees: City proposed policy is current policy. Blue Collar Union Employees: City proposed policy is current policy. White Collar Union Employees: City proposed policy is current policy. • • ARTICLE 29 Promotional Process 29.1 Whenever a promotional vacancy exits in the Sergeant classification, the City will fill the vacancy. "b' 'eke b ' i.= n`l.rn r=n~ of +1.n =ar+~~++~.~ nvnrH:nn+inr= - Tl=n ~i+cr g=rill ran+~nn +l.n nrnno 4'rnm z lo=~nri__T_hn ==rri++n~ ~. n+;n== ~l+nll hn n +no+ rl noiR.. n~1 a b +•n =+ +hn n=rnl.an+in== .+f n rnlnn+ni-1_4'nr_==cn_}i=r_+hn_r':+=._n++l=n.l:on=.n+i......P+l.nl~l.:n{'ofb 1'n J{.a . .~ I]n.,n..+=.,n=,+ Tf ~=rn 1C1 r~l~=rirl==nlc_rnncc +1=n_ n n+inn +hn 4:=rn !Cl r'll L {.~Ka 4laa Vll L. 11 la~{• \/rala laa raLLK . nfF ..n,l +n ...,:r .. r=1'nnn+ . ,.+1, .. of ~.rn !'ll =rnn.. ~.. =..n viL~rl Y4 1,V KuJ K~~I aaL KUL 11 aLU K aalau` b • .b. su~nvnm:,,n+:n,=' +1=nc-t•'=rE~nzaRari~-n'1-cri-}ri~C~~--~ +~a~~T~ T2 ~l fn b ....... ..,,.....b `lca---az"zc~izr'z-& 9~re~~-Scoff ~ 4' '7/1~/ cuff--~a` -rcccu ,~~~. I#-~~r +rc~i~u»-s~:~~£'uEl3 ~6~E~@-~-}ep~&~~ncufinr~l + 1, ccli~C.J-iu,r en.-~~eet~E'x-~a€l i e erg-€~e-~-l: a ¢-a~-&ge~~$-~na. n" 1 T2 n r• ~l r • n = 1~ •+ +1= e 111TH Rnr 4~.+r +l+nir. nnnn'rl vn+'nn Th /ry'4.rr H I1 r~s• n+n nn~~, f th +hrn /21 n b J I' J \ J ` '++n~l_1,=r +1=n ll..nl T2 n..ll +1, (l 1 b ,1 1, 11 a aa•+• i uii uaiai ~ Impasse -November 3, 2003 City Proposal -July 15, 2003 p~e~e~ie~ F Ti, .in 'c'n f +i !1 1 T2 rrl + +r~L~ :n+n _nnncid_nr_n}~n*+ nll In..nl Jcua,a u~ b 0 1' +' P+i !~'+. .,l~,~i: o [T~+nr_rinc lD fnr . b ~ z-uu si i a,aa.a " • Impasse -November 3, 2003 City Proposal -July 15, 2003 ARTICLE 26 WAGES 26.1 Effective ,the salary ranges within Exhibit "A" are increased by three percent (3%). Employees covered by this Agreement on v^- cteh°~'~~~"~, shall have their pay adjusted as follows: If m ore that s ix (6) months s Bryce a nd h ave r eceived a s atisfactorv, o r a Bove, performance evaluation: by €ee-r six percent f4%} L%) of the netiv midpoint for their pay grade to be effective 8e~~'~rT~oo3 (See Attachment "A"). The salary ranges for new employees are included within Attachment A. If less than six (6) months service their pay shall be adjusted by three percent 3% . Minimum Pay: In no case shall an employee's pay be set below the minimum established for the grade of the employee. Maximum pay. An employee's pay shall not exceed the maximum established for their grade. Detective Pay. Employees assigned by the Chief of Police as a Detective shall receive pay at a rate often percent (10%) above the employee's regular rate of pay. If an emplovee does not receive at least a "Meets Requirements" overall evaluation they shall not receive a pay adjustment and the supervisor may take action to terminate the emplovee or the emplovee may be counseled and placed in a 90-day improvement period and reevaluated in accordance with the Citv's performance evaluation program guidelines. Bonuses. Employees of the bargaining unit are eligible to receive a bonus based upon performance in accordance with the Citv's performance evaluation program guidelines. 26.2 Except as provided herein, original appointment to the classification of Police Officer will be made at the entrance rate of pay. The City Manager may approve initial compensation at a higher rate than the minimum rate. Such decision shall not be subject to the grievance or arbitration provisions of this Agreement. However, a new employee may only be hired at a rate above the entrance rate of pay established for the position if: Impasse -November 3, 2003 City Proposal -Change 2 -August 27, 2003 - in Bold Italics City Proposal -Change 1 -July 23, 2003 City Proposal -July 15, 2003 a. The needs of the City make such hire action necessary and all other employees within the same classification have their base salanes adjusted to be at least equal to that of the newly hired employee, or; b. The new employee has job related training and/or experience that clearly exceeds that of current employees. Prior to City Manager approval of initial pay under this provision, the City will notify the union, in writing, of the proposed action and allow the union three (3) workdays to provide comments. 26.3 The City shall assume the responsibility for certain pension contributions for bargaining unit ,members. Beginning with Fiscal Year 1996/1997 (October 1, 1996), the bargaining u nit m embers p ension c ontribution rate s hall b e reduced from 4.815% t o 2.315% of salary. Beginning with Fiscal Year 1997/1998 (October 1, 1997), the bargaining u nit m embers p ension c ontribution rate s hall b e reduced from 2.315% t o 1.000% of salary. 26.4 Any employee covered by this Agreement who is assigned by the Chief of Police to work in the Investigative Division as a detective shall receive pay at a rate ten (10%) percent above the employee's regular hourly rate of pay. Such percentage shall not be added t o t he b ase p ay b ut s hall b e i n a ddition t o t he b ase p ay a nd a pply t o a 11 p ay, overtime, compensatory time paid, etc. received by the officer. 26.5 Any Employee covered by this Agreement who is temporarily required by the Chief of Police or his designee to perform the duties of a Sergeant or Lieutenant shall receive pay at a rate five (S%) percent above the employee's regular rate of pay, provided that no other Sergeant or Lieutenant is on duty and that: a. The duties and responsibilities of the higher classification are assumed in full for a minimum of four (4) uninterrupted hours; and b. The assignment is not for the purpose of on-the job training. If the two (2) conditions set forth are not fully satisfied, the employee will receive the rate of pay of his regularly assigned classification for each hour worked in the Sergeant or Lieutenant position. 26.6 Promotion. Officers promoted to the rank of Sergeant shall receive a salary increase at the time the promotion becomes effective, to at least the minimum of their new pay range o r a n a mount equal t o t he p ercentage d ifference b enveen t he current a nd n ew grade midpoints (not to exceed 12%), whichever is greater: (a) Calculating a Promotional Increase. Since a promotional increase is granted to recognize the assumption of additional job duties and responsibilities, the size of Impasse -November 3, 2003 City Proposal -Change 2 -August 27, 2003 - in Bold Italics City Proposal -Change 1 -July 23, 2003 City Proposal -July 15, 2003 the increase is calculated as a function of the size of the promotion, rather than as a percentage of current salary. The formula used to calculate the promotional increase is as follows: New Midpoint -Current Midpoint =Promotion Increase Amount (%*) Current Midpoint Or An increase to the minimum of the new pay grade, whichever is greater. * Not to exceed 12% unless required to bring the employee's salary to the minimum of the new pay grade. (b) Anniversary Date. A new anniversary date will be established as the effective date of promotion. (c) Minimum Pay. In no case shall a promoted employee's salary be set below the base salary of the position to which they were promoted. 26.7 Any employee covered by this Agreement who is required by the Chief of Police or his designee to perform the duties of a Field Training Officer (FTO) shall receive pay at a rate of five (5%) percent above the employee's regular rate of pay while the employee is actually performing the duties of an FTO. 26.8 Longevity Pay. Employees shall receive an additional twenty- five dollars ($25.00) per month, for each five years served with the City as follows: Years of Service Monthly Startin Thru Payment 0 5 $ 0.00 6 10 $ 25.00 11 15 $ 50.00 16 20 $ 75.00 21 + $ 100.00 • Impasse -November 3, 2003 City Proposal -Change 2 -August 27, 2003 - in Bold Italics City Proposal -Change 1 -July 23, 2003 City Proposal -July 15, 2003 • Item 6 • • CURRENT POLICY: ITEM 6-A -HOLIDAYS All employees, except Police union members have had their birthday holiday changed to personal leave. CITY PROPOSAL: Convert the birthday holiday for police union members to personal leave. UNION PROPOSAL: Change the birthday holiday to Police Memorial Day, May 15th. COMMENTS: Adding another holiday for police officers does not provide them with an additional day off. Based upon the need for. the general citizen safety, a holiday for a police officer is not a day off but rather a day of additional pay where the officer must be paid double time and a half it they work the holiday and give straight time, or compensatory time, if they are not scheduled to work the holiday. • events are not scheduled on Police Memorial Da but observed on Many Police Memonal Day Y other days. OTHER POLICIES: General Employees: Birthday Holiday has been changed to Personal Leave. Blue Collar Union Employees: Birthday Holiday has been changed to Personal Leave. White Collar Union Employees: Birthday Holiday has been changed to Personal Leave. • • ITEM 6-B -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: For police officers, holidays are not days off but days for additional pay as services must be provided on all holidays. All Full Time City employees, including police officers, work 2080 hours a year and should be given equal holiday time off with pay for equal hours worked. Most union police officers have a 10 hour workday. A police officer's schedule is: 5 days on, 4 days off, 5 days on, 4 days off, 6 days on, 4 days off. If an officer is not scheduled to work a holiday, they receive pay or compensatory time for the holiday. If they work the holiday, they receive double time and a half pay and/or compensatory time. Based upon their schedule, officers that work a 10-hour work day should have sufficient compensatory time earned from holidays worked at double time and a half or from holidays not worked to cover the "extra 2 hours" if they desire to take a holiday off. OTHER POLICIES: General Employees: All employees receive 80 hours of holiday time. Blue Collar Umon Employees: All employees receive 80 hours of holiday time. White Collar Union Employees: All employees receive 80 hours of holiday time. .ARTICLE 12 HOLIDAYS 12.1 The following are recognized as holidays under the terms of this agreement: New Years Day January 15` Martin Luther King's Birthday 3`d Monday in January President's Day 3`d Monday in February Memorial Day Last Monday in May Independence Day July 4tH Labor Day 1St Monday in September Thanksgiving Day 4`n Thursday in November Friday after Thanksgiving Christmas Eve December 24tH Christmas Day ~ December 25tH Any day that the City Commission may designate NOTES: For union members that work shifts, Holidays shall be observed on the actual date that they occur. For union members that work a Monday through Friday workweek: Whenever Christmas falls on a Saturday, Christmas shall be observed on the preceding Friday with Christmas Eve observed on the preceding Thursday. Whenever Christmas falls on a Sunday, Christmas shall be observed on a Monday with Christmas Eve observed on the preceding Friday. Whenever Christmas falls a Monday, Christmas shall be observed on Monday with Christmas Eve observed on the preceding Friday. Note: Full time em~loyees shall be entitled to a maximum $$ 80 hours of holiday leave per year 12.2 Employees who do not work on the observed holiday shall receive at the discretion of the Public Employee ei~e~ eight (8) e~t~a-(~-0) hours pay ~teyee'~s-sl~i-~} at the employee's regular straight time hourly rate of pay or eight (8) e~ter~-(-1-9) hours of compensatory time l~-r°~^^~~~„^~ *^ +t,., ° <,t^<,,, ~~ ~.•+•+~~ at the straight time rate. 12.3 Employees who work on the holiday ~+"°~ +'<^~ *~^~~ ~'--*~~ ,shall receive, in addition to their regular straight time hourly rate of pay, 1/2 of the employee's regular Impasse -November 3, 2003 1 City Proposal -Change 1, August 27, 2003 -Changes in Bold Italics City Proposal -July 15, 2003 hourly rate of pay, hour-for-hour for each each ~~-te-8 hours-worked during the declared holiday. In addition, such employees shall be credited with eight (8) er--tei~ (~8) hours of compensatory time ~^^^'°~-~^~~'~^g *^ *'~° ° ~'^~r°°'~ ~'~~~` levees ~~~~cl, +n rl- nn +{.n:.. h:r+I..ln,r ,..,+I,n.~ +1,..r•+nl-' +l,n r1.,<r 1'4' o~ mica-iv-F~v:-^c-vri-rcr,,ra-arc-c^ rcRC-ruiciir~-cirt;-crzrrviz~ u°ll~~El-R~ ~~1~,:.- ~+,•n:c<l,+ +;,„n 1.,,,,,.l.r ...,+n .,n.l ~I,nll L,n ..nil:+n~l :r;+l, '.<l,+ !4\ I,n,,,.~ .,f ,<rl,n n ,-nil h<r +l,n Ti ,,.,•,In<rnr +n nvl. .+., +l.n:,- h:,-+M~In<r ol, 11 1, n 'rl +' n ~. ~ ~€lt~: 12.4 In order to be eligible for holiday pay the employee must have worked the last scheduled working day immediately prior to the holiday and the first regularly scheduled working day immediately after the observed holiday unless the employee is on paid vacation, military Leave, paid sick leave substantiated by a doctor's certificate, or other paid absences excused by the Chief ofPolice. Employees must be expected to return to work in order to receive holida~nay. 12.5 Employees who have been assigned holiday work and fail to report for and perform such work without reasonable cause shall not receive pay for the holiday or compensatory time. 12.6 Employees who are on an unpaid leave of absence or layoff on the day on which such holiday is observed shall not receive pay for the holiday or compensatory time. 12.7 For purposes of this Article, all holidays shall commence at 12:01 a.m. on the holiday (as set forth in Section 12.1) and continue for twenty-four (24) uninterrupted hours. 12.8 The accrual and pay-out of compensatory time under this Section shall be governed by the provisions of Article 17. Impasse -November 3, 2003 2 City Proposal -Change 1, August 27, 2003 -Changes in Bold Italics City Proposal -July 15, 2003 • .ARTICLE 13 PERSONAL LEAVE HOURS 13.1 The "Personal Leave Hours" concept is an advancement from the traditional vacation and sick Leave system. a. When a Personal Leave Hour is used for illness or other emergencies, employees are required to notify the on-duty supervisor, or if he/she is unavailable the Communication Center of the nature of the illness or emergency at least one hour prior to the start of the employees shift. When an employee is planning to use Personal Leave or Compensatory Time off, he must submit his request for the leave in writing to the Police Chief, or his designee, at least fourteen (14) calendar days, prior to the first day of the intended absence. The Chief of Police, or his designee, shall respond to the request within four days, not including Saturday, Sunday, or holidays, of receipt of the request. Approval of the leave may be denied if in the discretion of the Chief, or his designee, such leave would pose an undue disruption of the department. The employee's supervisor may approve any leave without 14 days prior notice so long as the employee is not absent for more than forty (40) hours. The granting or denial of this request shall be the discretion of the shift supervisor of the work shift that is affected. Employees may accumulate Personal Leave hours up to the maximum leave limit as established per Article 13.1 e. Thereafter, employees must utilize the Personal Leave or they will automatically receive payment for such leave in accordance with section 13.1d of this Agreement. b. Minimum units charged against Personal Leave under sections 13.1a shall be in one (1) hour increments. c. For Personal Leave Hhours used for illness, the City always retains the right to require medical documentation of the illness. d. For hours permissibly accumulated under this Article, the employee shall be automatically paid for all personal leave hours that exceed the personal leave limit as established by the employee. For the purpose of paying the employee for accrued leave time, the Employer will automatically pay the employee two times during the year as follows: on the first payday in June, and on the first payday in December. Payment for Personal Leave will be based upon the employee's personal leave account balance on the pay period that immediately precedes the designated payment date. Impasse -November 3, 2003 City Proposal -Change 1, August 27, 2003 -Changes in Bold Italics City Proposal -July 15, 2003 • e. Each employee is required to select a personal leave limit of 120, 240, 480, or 960 hours that will best fit the employee's needs. ~~~-~ , n -- ••.---• ---a;' r^* ~° ^''^^^°a. Employees may change their Personal Leave limit in December of each year for the following calendar near. Those that do not change their limit shall retain their previously established limit. Thereafter, employees must utilize their Personal Leave hours or the employee shall, in accordance with Article 13.1(d), be automatically paid for all hours accumulated that exceed their established maximum leave limit as selected by the employee. Employees who do not select a personal leave limit will be assigned a 960 hour limit. f. No Personal Leave Hours mayl accumulate to an emplloyee ^ '°^•,° ..T;+,,^„+-Y.n1~ ; A ~ ~ yS ~ /1 '}~ + vS t ~ Y ~Snl.I VSIIHRY_t n l1Y ° ° STM^ SUVJVJ VL V„ r r~~ r ~ ~~E~ted.-+~, ^r-~~n ~,^„Ys who is in a non-pay status or utilizing donated leave. g. An eligible employee who resigns with at least two weeks notice, is laid off, or whose employment has not been involuntarily terminated shall be paid for any. unused accruals. LT + ,, " +, '^. ° k°-.,n;,, F "' °~ n 1 T rl' non t, a • • 13.2 In the e vent of the employee's death, the balance of the employee's Personal L eave Fund shall be paid to the beneficiary of the deceased employee. 13.3 Personal Leave time shall accumulate during each pay period and shall be credited to the employee at the end of each pay period. Hours Per Total Annual Years Pay Period Hours Beg. 1St through 3`d year Beg. 4th through 7th year Beg. 8th through 11th year Beg. 12th through 15th year Beg. 16th and over 4 9 3 , ~ Q , Q - .- 5.81 151.06 6.78 o ° n ~~ 176.28 ~ n 4 n o ~ o- v 8.31 ~~ 216.06 ~n4 n~ 9.85 0 T6 256.10 ~ ~ n , - 10.47 272.22 Impasse -November 3, 2003 City Proposal -Change 1, August 27, 2003 -Changes in Bold Italics City Proposal -July 15, 2003 r ~_~ Item 7 n ~J • IT)CM 7 -Uniforms CURRENT POLICY: The union contract has a listing of specific uniform items that must be provided to all police officers; however, other items not listed maybe, and are, being provided. CITY PROPOSAL: Delete this detailed listing. The City provides all police officers with the necessary and required uniforms and equipment items to perform their job.. UNION PROPOSAL: Originally wanted to add to the list of required uniform items: - Two (2) long sleeved shirts - Off duty badge - Hat Current proposal is to add to the list of required uniform items: =Two (2) long sleeved shirts ($49.85 each) Hat ($32.59) - Hat Badge ($87.00) - Break away tie ($3.99) COMMENTS: These are optional uniform items that are not required by the City and would not be utilized by most of the 25 authorized union police officers. If needed and requested by an officer, the City has agreed to evaluate the need and provide these items to the officer as long as there is sufficient justification provided by the officer. OTHER POLICIES: General Employees: City proposed policy is current policy. Blue Collar Union Employees: Union contract has listed "pants, shirts, and hats". White Collar Union Employees: City proposed policy is current policy. • • ARTICLE 23 UNIFORMS 23.1 The City will furnish to all sworn bargaining unit employees who are required to wear soh uniforms in the performance of their duties, b :with uniforms and equipment approved for their use. ~~~'~aTe_LC\ .7~i~r-tS 1'f Tin r \A~_l,nn~nrc -~„rl 1 1 ~~~ 1~Jr~,~~~ _ 1_'2 11 l+ n `l i l+ n „ ~l n.14'4'_ n n c n ~l£iHf~Ct1~S b zrel+c .r vu l / buu 1 ~/ T.srn_/?1_mn ~-i --a !~ p (~. Q~, 1 S T.vn_!_71_mn u'.~„ In n„n /1\ rn~:n l.nlrl 8. ~. `-gib-ridge-- v. ........ ~~~ ..~.... ..._J ~. n /1\ n ~piA. mnr /+n hn_+i.rnn_+ " Y In<rnl TT ..r nhn.rn\ 23.2 The City will replace or repair the above items as they become torn, worn or unserviceable due to the performance of the employee's official duty. Any claim for a repair or replacement under this Section must be accompanied by a written explanation messed to t~cy-Ch=°~~°e~e-~b3~ the employee's supervisor, setting forth the circumstances necessitating the replacement or repair. The torn, worn, or unserviceable item shall be presented to the Chief or Police or his designee for inspection and determination as to whether the item should be replaced or repaired. It shall be the Impasse -November 3, 2003 City Proposal -July 15, 2003 decision of the Chief of Police or his designee as to whether the item shall be replaced or repaired. 23.3 Any employee who damages, destroys, or loses any furnished article of uniform due to carelessness or negligence will replace the article (or at the satisfaction of the City repair) the article at his own expense, or such cost of replacement shall be deducted from the employee's pay. 23.4 The employee shall wear the articles of the uniform 1-iste~ provided in Section 23.1 only for official City business or as otherwise authorized by the Chief of Police. 23.5 Upon termination of employment for any reason, the employee shall return to the City all articles of the uniform issued by the City or be required to pay for such articles prior to receiving his final pay check or have the cost of the items not turned in deducted from the employee's final pay check. 23.6 The City agrees to provide for the cleaning of a maximum of forty-eight (48) uniforms sets (shirts and pants) per employee per quarter. 23.7 a. The city shall provide for the Detectives covered by this agreement a clothing allowance of six hundred and fifty dollars ($650.00) per year to be paid quarterly. b. The first two quarters clothing allowance shall be paid within fourteen (14) days of the employee's initial assignment as detective. 23.8 Any prescription glasses (not sun glasses) contact lenses, false teeth or partial plates damaged, destroyed or stolen while an officer is acting in the performance of his official duties for the City, shall be replaced or repaired by the City, up to a maximum cost of $340.00, provided the damage or loss is not the result of the employee's negligence. Such claim for repair or replacement shall be supported by written explanation as to how the damage/loss occurred and be accompanied by documentation of the original c ost of said item, and shall be subject to provisions pertaining to the processing of claims as set forth by the Chief of Police. Wrist Watches damage/destroyed shall be repaired or replaced up to a value of $50.00. The same restrictions, requirements and procedures shall be followed as set forth in the above paragraph. If the loss is covered by any insurance policy owned by the victim employee, then the City will be reimbursed for any replacement item in the amount allowed and paid by the insurance company. The victim employee shall assist the city in obtaining restitution from any subject, suspect, or party through all legal processes. Any reimbursement or restitution received by the victim employee shall be immediately paid to the City. Impasse -November 3, 2003 City Proposal -July 15, 2003 ~J Item 8 • r~ L • ITEM 8 -BULLETIN BOARDS CURRENT POLICY: The City is to notify the FOP if inappropriate material is posted on the bulletin board within the Police Department and the FOP should remove the material. CITY PROPOSAL: Allow the City to remove inappropriate material and provide such to the FOP. UNION PROPOSAL: Retain current policy. COMMENTS: City management should be allowed to remove inappropriate material from a City bulletin board located in a City building, regardless of who is utilizing the board. OTHER POLICIES: General Employees: City proposed policy is current policy. Blue Collar Union Employees: City proposed policy is current policy. White Collar Union Employees: City proposed policy is current policy. • ARTICLE 22 BULLETIN BOARDS 22.1 The FOP may be permitted to provide for its own use one bulletin board not to exceed 4' X 3' in dimension, provided the bulletin board shall be located only in the squad room. 22.2 The FOP agrees it shall use the space on the' bulletin board provided for herein only for the following purpose: notices of FOP meetings, notices of internal elections for FOP offices, reports of FOP committees, policies of the FOP, recreation and social affairs of the FOP, and notices by public bodies. In no event shall the bulletin board be used to post political material or controversial material. The President and the Secretary of the FOP are the only authorized representatives to post, material on the bulletin board. Said representatives shall initial and date all material, which is posted. 22.3 The Chief of Police or his designee shall decide whether or not Section 22.2 has been violated. Should it be determined that a violation has occurred '~ _-~ the material shall immediately be removed ~_ ~~~'-~~' ~-*'^~''_-~-'_-. 22.4 The Police Department may post training, promotional, or transfer information on these boards. Such material shall be removed from the boards within five (5) days of expiration. • Impasse -November 3, 2003 City Proposal -July 15, 2003 J Item 9 n ~J • ITEM 9 -FOP TIME POOL CURRENT POLICY: This provision of the union contract has not been used for years and there are no administrative procedures that would allow utilization. CITY PROPOSAL: Delete this outdated provision. UNION PROPOSAL: Initial: Increase number of hours of Pool Time allowed from 216 to 500 hours. Deleted requirement that attendance at FOP contract negotiations required approval of Chief of Police. Current: Retain current policy. COMMENTS: Policy if utilized would allow other officers to donate leave for FOP use such as union contract negotiations during working hours, attending union training, etc. Policy is not being used, there are no procedures to manage, and City does not desire to utilize FOP Pool Time. Therefore policy needs to be deleted. OTHER POLICIES: General Employees: No such policy exists. Blue Collar Union Employees: Policy is in union contract but "inactive" and not utilized. White Collar Union Employees: No such policy in union contract. ~~ ~J .ARTICLE 6 SPECIAL MEETINGS ^ rm env -rrn,r~ ~nnr 6.1 The Public employer and the duly appointed representative(s) of the FOP agree to meet and confer on matters of interest upon the written request of either party. 6.2 The written request shall state the nature of the matters to be discussed and the reason(s) for requesting the meetings. Discussions shall be limited to the matters set forth in the request or other subjects mutually agreed to, but it is understood that these special meetings shall not be used to renegotiate this or any other Agreement or for the resolution of grievances. 6.3 Such special meetings shall be held within ten (10) calendar days of the receipt of a written request if said meeting is jointly agreed to by both parties in writing. The meeting shall take place at a time and place mutually agreeable to by the parties. The FOP shall have the right at these special meetings, to make recommendations to the Public Employer to improve department operations and resolve problems identified by the FOP. ~n~ T;.,,~ ~,,,,~. _..,,,,, „ ,.~~,,.,> >~.,.,~ z. ,. ~ +„ +ti„ inn +• ~ ~&~r-s: ~~e~-'S'~1~5i nD T'... ~'@S~5~e~8-6~ ~ b h' + + '++ ~ v~ 11111e -99 1-~i~e-1S-Suv7cc~co-m-rrcclr b ' b • Impasse -November 3, 2003 City Proposal -July 15, 2003 • b b 7 v . Q-~-jr~'i b ,~~. ,,Y ~. -,,,, //~~ b 7 titVi~2~Y'i~ b b b b b' b b ' • • Impasse -November 3, 2003 City Proposal -July 15, 2003 ~~ Item 10 C~ • ITEM 10 -EFFECTIVE DATE CURRENT POLICY: 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: Article 34 of the union contract states that "If either party desires to negotiate a successor agreement, it may do so by giving the other party written notice to that effect no later than June 1st, 2003." Such notice was not provided to the City until June3, 2003. 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. 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. Blue Collar Union Employees: On October 27, 2003, City Commission approved impasse items and approved "pay only" to be retroactive to October 1, 2003 with all other changes effective October 27, 2003. ,. ARTICLE 33 • • • ENTIRE AGREEMENT 33.1 The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Public Employer and the FOP for the duration of this Agreement each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargaining collectively with respect to any subject or matter not specifically referred to or covered in this Agreement even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the same time they negotiated or signed this Agreement. 33.2 The parties agree that this Agreement only applies to active employees and members of the bargaining unit on the date of approval and for the life of this Agreement; -errl~ r --j ~e~-remit-~~~~e--~e-~em..~ , ~ -~ ~ „-~ . All e-~~ ~~-~o=e-s-~~e-~-b e~re~~s~~+r~-moo= = ; ,~e~ea-s-e d--e~- .. ~, ., ., J .. ,a e i-noe-t-~~e--p~e~~re~t~-oe-~-ee~o~-n,~ga-min changes, including wage increases, shall take effect on the date that this Agreement is approved. Contract approved by City Commission on the 3~~~ £de~e~~''-8-9-2- 2 0 0 3 . Impasse -November 3, 2003 City Proposal -July 15, 2003 day of ~J ARTICLE 34 DURATION OF AGREEMENT • This agreement shall commence and become effective on the 3~ day of Gct-e'~~~- ''^^'' 2003, and shall continue in full force and effect until midnight on the Thirtieth day of September 2003- or until a successor agreement is ratified. ~. ,~ ,~ ~ ~.. r, „ n,- ., ~- ; ..~ of ~ T-~r~ ^~z~l~e--~r~ z e-~te y--eg~ee- ' ~e-t-~~P~-1-m ~ ' ~' t- t-1~ ~e~i~i-ng ~ yes a-s-p~e~ Q Gv~uiuutiv„ I G-" ~~.~. ~TSe~Te'~~'Z~' T ~ ~i."~CTCt , GZ If either party desires to negotiate a successor agreement, it may do so by giving the other party written notice to that effect no later than June 1gt, 2003- FOR THE CITY FOR THE FOP • Jim Hanson Date Gary Evans City Manager Staff Representative George Foster Date Chief Negotiator Date Impasse -November 3, 2003 City Proposal - Change 1 -July 31, 2003. - in Bold Italics City Proposal -July 15, 2003 EXHIBIT B IMPASSE MINUTES - 11./03/2003 • IMPASSE RESOLUTION HEARING NOVEMBER 3, 2003 r~ u Article 6 City's Proposal: The elimination of Article 6.4, G.S, G.G, 6.7, & 6.8. (Attachment 1) FOP Proposal: Current Contractual Language (Attachment.2) • .ATTACHMENT #1 • ARTICLE G SPECIAL MEETINGS nrrn r~nn -rrn,rz T..-.r.T ~ nl >,T +• eE+i. rn-.ii-ci-ii ~ T: 6.1 The Public employer and the duly appointed representative(s) of the FOP agree to meet and confer on matters of interest upon the written request of either party. 6.2 Tl}e written request shall state tl~e nature of tl}e matters to be discussed and the reason(s) for requesting the meetings. Discussions shall be limited to the matters set forth in the request or ot}ler subjects mutually agreed to, but it is understood that these special meetings shall not be used to renegotiate this or any other Agreement or for the resolution of grievances. C.3 Such special meetings shall be held within ten (1 U) calendar days of the receipt of a written request if said meeting is jointly agreed to by both parties in writing. The meeting shall take place at a time and place mutually agreeable to by the parties. The FOP shall have the right at these special meetings, to make recommendations to the Public Employer to improve department operations and resolve problems identified by the FOP. ^~;.e-feel: v:4 ., n .., ^.,,1, ^ • €~Nt~~-t~alt~ t;~.~: t_,,, n.. teu r-s-per-yew r, ,, •b~~ .,i ^:~~+n~-r~r~:u{~-LVli-t~l=}l}-1# ~ ~' •~ ~`.-on.,nl In.,..,, 1}Oltr'$'tV-t~tC-r`rJ'f'-i't~}}e-p9@~-pf'ff~ff~e(~-~ltltt-[2 . fNf~k~e!$€-1}A}}}3-~i~lHell-}i3 iii=~)~-icizziii~uixrttss-rirci3e-p©$l-ttftf~E'f'-~l} }~-r~ ~i~~v lt9it-tom V-SJ~1HS-len..^ .,•:11 {, ., •... }} }ll~efl-c'}I} ,lin.l n }, 1• .^ 1 ct n(•!l t j~or ~I tl l ~~ t}-~l 9„cririra-c~}e~~5# vi ~ f "~i-rl--eiici~E'f3-t ~F~,-6 ~'lte-~l}i~''~,~l:ce-of-ltis-ties}~ne~sll-ill-lrtrr~-~t~lte-clistlt=et-iet b • ~se-a€ ptx-l-tie-l-Fift--1}~s-epi~~iotrttte-tfse-o-€-suelt-ti~}e-slrnll-tleei•^z~s~.~tii~i}e-eef~ttetttth e~~e~epa~n:n~;~~lt}ess~lte-u3e-el=IiA-F~-Itne-Deal-ti-tt}e-l~-s~l>~ee~le-~re~l:Eett ~l~N'v~l~l'^ rrc-:-~~I-c~lElef}~-61=1:'-rsiii~tb rc~icllt~-tllE~li-!°i v^r~^v~lracc-vr-iHS desl~t}ee~lHL 1-a~}~-~lte-{t~.^ „~ tl,;. ~,n~T-it}}a-P-tt•©l-slHtll-lie-t~~e-fey-tlte ~-~-n-resl~r~t-o~;;~1}et-tlesi~ tree'-T-l~=~~€-to}e-l'i}}e-l}aal-slr~ll-l~c~t}} nt! e-i tt Nt~-sa-rt3e-tea-t~t}et~s-retest-i~}~ P-e-sat}=•'.,-;/ettve-tts-©tt~li-t}et#-'ttt-~t-'~ele-l3: Impasse -November 3, 2003 City Proposal - .Tuly 15, 2UU3 ENi-~f~-~~'o 1 ~.,1• s' 1~..•~ :, :.,.tbl,~.•_~ ~t_„f ,,.,,,1, . .:a,.,~ ~>~ I{.~IIt.~Vil7 rl"C-CTI-I VYIJ Ll {.b{l~l{all~ V ~~ ~ t7: 0~1'1"t b • b ~:~}~i~a--~}}~ rnv v..~~:de~~-er--{r~sN~~..I~~~~}ee-n}fie-~a-r~~~e-tt}-~~~,e~~x~#~-u„situ n,,,,xvvlri-n-ci ~ i n„~vi-i ilil Lt@ ntol• th,L„ 77 lt.,{..•~ £rnr rltt '.-°fc~uzlrr"rb e~2~'-3i-eget~-~}9$-f#ree~3g. :~t~eii-Eiznrccuc ~A r IVLLTSATRI~CI[ ~~~1~-r-fte'ta}~©~~~t©ft$-~I-sil~ae; T;..,~ :c ..:rl,_tho „~.r...:c~:n„ 4'tlte-C-~1-~e€-a€ i l{la. IJ ~~ILIT-C7 I-VT-C7 .~2p}je{~Q}'-}}f$-{}e$}b }ems 1~J u l~ u Impasse -November 3, 2003 City Proposal -July 15, 2003 • ATTACHMENT #2 • SPECIrL Ivi~::'I'_II~IGS ~I,1/ _ FCt'? If•1i/ POOL Special f~leetings: h.l The Public employer and she dul~•~ ~?ppointed repres-native(:;} n± the : OP agree to meet ar?d ~.~•o.^.~er on mat LeT-s of .ir.;:e~ es upo n .,h•.. ,ar_r_t~n r~qu:--s~ :~r eit;:~_r p~?rty. ~.~"'. `t'he v^I?-'.tten '_"t:C]ucSL .c~i7d..'.~ St:a~e ::he ;tatt'l'e of tliC .T,a~t.CT'S i:n be discussed and ..:-le r-eason;s; for requesting the meetings. Discussions shall be limited to the maters set north in the request= or othe>=° subjects mutua_ly agr-eed to, but it is enders! ^cd that t::-?ese spec.;.=1 meetings shall not be used to rOn~c~0;.1??-~ th:S G:" a:z'. OL}irr ~yI"~O:'il~nt OT" L'Jr the !'OSOLUL1C;n O~~ gr.lE"~i~~17~.eS. 6.:3 Such sp°Cl~,Tl me~::ings sii~Tl.l be i~cld within cen (10} calendar days of tho i-ecei.pt c~ r: :•: 1-it:`en request if said meetina •is jointly agreed to by both parties in c•~riting. The meeting • shall ta;•:c place at-- a ..me ar.d >/~: ~ ~e mutually ayraeable Co by r h ~' p ~a t: t. 1 ~ S . S`f _ Y i) P 8 h c3 1 ~ h C: ~•' .. ~~ the r.i h` ~Tr. tr:ese special fil?FCli?~;;,, ~ ~ ill c: L: ', ?`C;'~':71?1!Ii~~>:']C'~~!~1i1:-lri ;". C' th:~ Pu~`11: ilRp~ C%V~r t: `; lmprav~ ;.I=:Oca~C;T1Fi,i; :'l-,C„-i~L10:1S i1:J "'S~:~~''JF? -~CiI."'.1C'.ms i~~r?1i~lilE'~ !'~' by the ~np, ~;>~' T~ me Pool 6. •, All mcmr~e.-s :,~~ r_i~•:~~ ,._,_.~•,7=~i:~ i,-;g .~ ~y 1 oy.. .~1 .-t m_.y contr.;.but one ;l, more hoL:r~~ :~F: r . -~:;~ =rcm : e~sonui i~_>a~,•e hoi.:rs to th~_ ~'~L~ tim~^ ~r,~ol pro-,idc~:i .....:.. ..r~ :r~,:....~.,•,.-a ::i.in~:~e: ,~t :-,c:ar-s ~•:hicT .,~ ^,~~ y i-. o Gccumu~~,`ec; :n :i~:-. ..-;1 a:,,_lc'.: `'i~.is :':_,..icl.. _s ~16 hours. !~. `.: Th.i s le>.: c' .: i _! :. ._ c:;m::~;- =-. ~;^,i = . < ecz in a br:r?~; ryn the 1st.. C: . r j E. b The ~, 1"?1c'! .. ._ t':..-_„.. '`L a~`~ ::`i~S~ :r._'~ ."amt l i :?;7~%;.' tl,;. :'i _.;c_'. ,=t,i,-< - - .1? t^ :jrr7I',,, CC _,=r: ,;~ - ;ii' .. _ ...mc, ~ ?17 ...1... ?~Lr11011 ! h^-- ' GL Sl.lch i:lillc. .....:.1_ -lr,~:. ._UrE: ~'- _j-:'.l.'' '.il<' ~Ci1;CY;:~:i:Ln:7 C'i tll~~ ` depc7rtmC:1'. ~ .: ~"%L: _'-:..: ._ -.. - '_: - .., T- ~ ~~I' ^] m-~ I'OU' ,, ~' .- lfil^~ 1,~ ' suN j er,t _:. ~~: _ _ . `c.. ,I_ .._ . ~, ,r_~•. ,...:. DO!? Prey i dent or his deli u ..= ,:. , i- _ . ~ .. ~. _ _ _.. _ _ .~.~ Ali s ciesi~~nef_ . The request ,:, a.~.:,u, .-,_ ...- _ ... _ ,.-. . _ ~ ''_'~.,~:- _.,.._ s;,:_1 b~.~ made by the f•'OP t'L'rs~dC:"~.. .!" .: 1.:~.~r1,". , ~-7._-~`:i-._~. _:ic"' li~._ of L.~1'~ `C)1% Ti - t m~- CJOI: shat i iv~c> .~._;ci~_ . r -t;= ._:,~ .. .r,~:,^1:.. ~:~ -: c;; -..-;~~-.:7;, :'ersc-:la.i ;,e~:v~. fi 6. ^i FOP Timr POOL hours nGT. ~':;x~c:rlCieC: dU~ ing the pI:°'V10',]S V:au~_". will be ~-cmpot.nded ,r ~e':. bar.}; of hc~.r.~ I..e~ginr:ir.g :...to ~.'r:= ~ OGtG~'J~r 1 SL OL ~r~C[1 Year, Cr^`e'i :.7ed tha maXlml:rTl aCCUml:la tiJn cf ~? Er~cur~• ,.:~ not e~,,~,_,e~,ed. 6. £3 When neaotia~t i or:s. are scheduled w7ile the POP President or his/her c~esi.gnee Gre tiaor. }:i:~g, the FOP P r.e si dent or his~'h er designee may be gr.unr.ed tir,~e to attend using PGG1 Tim e. P7rittcn request for Poo]. TiMe :gill be made as scon as possible but no later than. 72 hours ater the scheduiz.ng of the negr_>tati~n meetinc. At.tendanre at FOP c-~nt:ra cr. • necot_rtions usi :;a i,col Tinge ~s ,tiith the perm~ss.~o:: .;F ~ i~ie Ch:~eL rf Police o~ hi.s designee. • • Article 12 City's Proposal: 1. Change "Employee's Birthday" to "Personal Leave". (Attachment 3) 2. Chanbe total hours for holidays from 88 hours to 80 hours • ~ holiday leave per year. 3. Chanbe article 12.2 from 10 hours pay to 8 hours pay 4. Eliminate provisions in Article 12.3 that apply to employee's "Employees Birthday". (Note: If the FOP proposal is adopted this language becomes unnecessary) ~. Change Article 12.4 to add "paid" sick leave and "paid" absences. Adding the sentence, "Employees must be expected to return to work in order to receive holiday pay". FOP Proposal: 1. Substitute "Police Memorial Day" for "Employee's Birthday" ((Attachment 4) in Article 12.1. 2. Unless affected by above change, adopt current contract language. Current Contract (Attachment 5) 7~ • 1 ATTACHMENT #3 • • • ARTICLE 12 HOLIDAYS 12.1 The following are recognized as holidays under the terms of this agreement: New Years Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Christmas Day Any day that the City Commission may designate NOTES: January 1 S` 3rd Monday in January 3rd Monday in February Last Monday in May July 4`n ls` Monday in September 4`n Thursday in November December 24`n December 25`n For union members that work shifts, Holidays shall be observed on the actual date that they occur. For union members that work a Monday through Friday workweek: Whenever Christmas falls on a Saturday, Christmas shall be observed on the preceding Friday with Christmas Eve observed on the preceding Thursday. Whenever Christmas falls on a Sunday, Christmas shall be observed on a Monday with Christmas Eve observed on the preceding Friday. Whenever Christmas falls a Monday, Christmas shall be observed on Monday with Christmas Eve observed on the preceding Friday. • Note: Full time employees shall be entitled to a maximum S8 80 hours of holiday leave per year 12.2 Employees who do not work on the observed holiday shall receive at the discretion of the Public Employee eit-1}e~ eight (8) e~r-tex-(~-8} hours pay e~Y~ye.L'°~~ at the employee's regular straight time hourly rate of pay or eight (8) e~ten~~-A} hours of compensatory time , at the straight time rate. 12.3 Employees who work on the holiday ~*"^r *~^~ ~~^~-- h=--~~-a~-•, shall receive, in addition to their regular straight time hourly rate of pay, 1/2 of the employee's regular Impasse -November 3, 2003 1 City Proposal -Change 1, August 27, 2003 -Changes in Bold Italics City Proposal -July 15, 2003 hourly rate of pay, hour-for-hour for eee-h each ~e-S hours-worked during the declared holiday. In addition, such employees shall be credited with eight (8) er-ter} (-1-A} hours of compensatory time 12.4 In order to be eligible for holiday pay the employee must have worked the last scheduled working day immediately prior to the holiday and the first regularly scheduled working day immediately after the observed holiday unless the employee is on paid vacation, military leave, paid sick leave substantiated by a doctor's certificate, or other paid absences excused by the Chief of Police. Employees must be expected to return to work in order to receive holida~pay. 12.5 Employees who have been assigned holiday work and fail to report for and perform such work without reasonable cause shall not receive pay for the holiday or compensatory time. 12.6 Employees who are on an unpaid leave of absence or layoff on the day on which such holiday is observed shall not receive pay for the holiday or compensatory time. 12.7 For purposes of this Article, all holidays shall commence at 12:01 a.m. on the holiday (as set forth in Section 12.1) and continue fortwenty-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. Impasse -November 3, 2003 2 City Proposal -Change 1, August 27, 2003 -Changes in Bold Italics City Proposal -July 15, 2003 ATTACHMENT #4 • • t. .~uti~~~ i_ -~ . -(. ~. 1?.1 The follo~vinv arc reco~nizcd as holidays under the terms of this a~~ree- C. nlent: -, ~. 3. ~e~~' Years Day' .lanuar~~ 1'( 9. ~'lartin Luther Kin~~'s 13irthdav ~~~ i\~londav lI1 .lal1l1~1rV I O. h]'c;Sldctlt S Day Jr~ VIOIldiil•' 111 FebCtlal'y 11. \-(c:morial Da.' Last IV1und~ly in iVlav - r 12. [rldependence Day July =it1i l.. Labor Dav 1'` 1~~Ionday in September 1-}. Thanl:s~~ivinu Day' ~`I' Thursday in November • 17. 1'I'lila\' liliCl' Ihalll<~<,1\'lI1L' ( ~). ~ 111'1JtI11aS ~' \'t 1•)CCt:111hC1' ~~th (%. Chi'15illla> (~av )7eCCfllber ~Jth 1 ~. ~1-131EY~ltdzt~- 19. POlicc ~~Icmnrial Day i\~lav 1~t1i ~?O. :1n.' da~• that the C'it~~ Commission may dcsi~~nate ~1 ~~ ?~(. Fur union mc;mbers that ~vcu'l: shifu, FIolidavs 511x11 he abticr~-cd orl th4 actual ?J. d~1tC thal thC~' l)CClll'. . ~ ~) . ~~. Fol' L1111011 1]]~n1bCl's thal ~~orl; a \~(on~lav throu~~h l~ridav worl:wccl:: ~~ ?~. ~ ~~~h~nwcr Christtnit rills nn a Saturday". C'lu'istma> shrill b~: observed o11 ~U. the prcccckin~~ f~rida~' with (:'lu•i5tnlas 1'.vC observed on the prcccdin~~ ~ 1. Thursday. ,^ ~_. ;. ~',~h(:n(:yrr C'hrisnnas laps oil a Sunday. Christmas shall b< observed on a ~-(. `-londa~ ~yith ~'hrisululs Fyc obsrr~"cd un the prccadin`~ Friday. ~ • ~~ ~6. ~~'heneycr C'hrisullas falls on a i~~(ondav, C.'llrisullas shall he observed on 37. a i\~9onday with Christmas Lve observed on the prccedin~ Friday. , 3~: 9. 1 ?."' ~IllplU~'CCJ ~V11U d(? not ~yorl: on the observed ]loliday shall rccciye at the Vin. dlSCl't[Il)Il <)rthr 1'ublir L•mplo~"ct either ci~~lu (S) OI' CCII (l O) 11(~1lCti pay -(1. (C01'1'CSl?t?Ili11I"1!, r(~ 111C CIIlp10~'Ct: ~ shlttl aI t11C t:lllplc.)ycc~5 I'C~~ll1aC SLI'aly~ht -(^. IIn1C; ht?lll'i~' CtitC t,1 pr1~' Oi' el~?ht (S) Or lCtl ((O) klOlll'S Oi C(.)111pB11SatOry time -1.). (CUl'1'CSpOndill~? lU []li; Cllli7li)~'eC S 5111 t1 ), at [k1C StCal~~hl tII11C Cate. =~=1. =(J. ~(~). -, ~ t i_..~ ~..iilpiv'~i:%S VviiO'vyvrri Oii u~~ in~iiuuv Siiaii i'~:CCi'v'C. ii7 auui~wu ~u ui~u : `' rL:`~ular su'ai~~ht time hourly rate of pay. !~: of file empluyeC's regular ~. hourly rate of pa}.hour-for-l7ULlr for each hour worl:ecl durin~~ the dc- -~. clar~d holiday. In addition. such emplo~~ees shall b~ CI'E:dlte:Cl Wltll J. Cl~~ht (S 1 O1' lCl7 (I U) h(1LITS Ole CC)171pC11satOr}' t1111C (currespondin`~ t0 tI1C ~i. C1111?loycc' 5hltt). /. S. 1 ~.~ In order to hr ~li~~ibl~ li?r huliclav pa~~ the employee ]Host have warl:ecl 9. the last scheduled \\~orl:in~~ day' immediately prior to the holiday and . 10. the first rc4~ularl~' scheduled u'i~rkin~~ day immediatel}' alter the ab- 1 1. served holiclav unless the clYlpluyee is on paid vacation. military leave, { ~. S]CI; leayC S111~51'St1t1aCCCI {~\' a C{OCt01''ti C~1't111CL1tC. 01' OII1Cr a{?SG1Ceti CX- 1 ~. cusrd I?~' the Chief oi' I'olicc. { -~. l ~. 1?.~ I:nlpluye~s \vho ha\•c lic'c:n assi~.*nec{ holiday \vorl: and hail to report for . l b. ' and perform such «°orh \.vithout reasonable cause shall not receive pay for 17. the holiday or compensatory time. 1 S. I ~. I ~.~) l'.lllplll~'tcS \1 hU aI'C 011 all llllpald Iea\'C Ot al?SC;I7Cl: 01' li.1V0{ l Oll the day U11 Ali. \\'{:1011 ~LICh h~?11iI:1\ (S ~,I?;eI'1'c~{ 5hilll IIOt rCCCI\'c pLl\ IYII' lI1C hOllday Ol' ~ I . L(?I11p~Iltia(l?1'\' 1ti11C. ~~ ~ ~. I?.% hO1' j?U1'pUSC~ O~ [lll~ :\1'i1~{C, al] hlllll{ays shall CU111171tnCC Llt {~:UI a.m. ?-I. on the holiday (as set forth in Section I `_'. I) and continue for t\venty-four ~~, (''-I) UI11I1tC1'I'Lll)1Cl{ I70L11'S. f~. ?7. l ~'.S The al'CCl1aI alld pay-~llll Ur C(?tllpc'I1SatOr\' IIIT]C LIIICICI' lhls Scctlon shill] be ?5. ~~oyerncLl h~ lh~ pro\'i;i~~ns of :lrticlc 17. -, ~ ATTACHMENT #5 • ARTICLE 12 HOLIDAYS i2.1 The following are recognized as holidays under the terms of this agreement: New Years Day January 1~`` Martin Luther King's Birthday 3~~ Monday in January President's Day 3"' Monday in February Memorial Day Last Monday in Ma}~ Independenr_e Day July 4``•~ Labor Day 1'~~ Monday in September Thanksgiving Day ~~~` Thursday in November Friday after Tharksgiving Christmas Eve December ?.4 `'' Christmas Day December 25`t' Employee's Birthday' Any day that the City Commission. ma}~ designate NOTES: For union members that work shifts, Holidays shall be observed on the actual date that they occur. For union members that work a Monday through Friday workweek: Whenever Christmas falls on a Saturday, Christmas shall be observed on the p~-eced ~ ng F^z~i'da.r wi th Christmas Eve observed on the preceding Thursday. ' Whenever Chri:~~mas• ±.-alis c:7 a Su:7day, Christmas s}~al_ be observed on a Mor:day wit.i: Christmas Eve observed on the precediT:u F?-ida}~ . Whenever. Christmas falls a Monday, Christmas shall be observed on Monday with Christmas Eve observed on the preceding Friday. 12.2 Employees who do not work on t~Te observed holiday shall receive at the discretion of the Public Employee either eight (8) or ten (1Q) hours pay ' co?-r esponding to the employee' s shift) at the employee's regular straight rime hourly rate of pay or ~~ig};t (;~) or ten ; 10) hou?~s or"_ compensatory time (corres ponding Lo the employee's shif*_), at the str.-aight time rate. 12.3 Employees who work oT: r.}ic holiday shall Y•~ceive, in addition to their regular- straight time }~c>u~•ly rate of nay, 1/2 of the employee':=~ r°egu~;.ar- hc~_:~__~r r~_r-~ ;.>~~ "~.-ay, hour-'_~or-hour for each }'1QLlr W(.)..7:.!.lC,L:2:1a_ ~.!~-_ '_i,~r; ~ir._..`I1=~.~.'.~ci~~. ITl addition SUCK empl.oye.s s1:a11 ,=: c:~-_;]:.t ~d wit}. ?ig':~t. (8) or ten (10) hours of compensatory time ~;c•o?-respan;xinq to the employee's shift) . 21 12.4 In order to be eligible for holiday pay the employee must have worked the last scheduled worJcing day immediately p:.-ior to the holiday and the first regu]arly scheduled working day immediately after the obst~-ved ho~~iday unless the employee is on paid vacation, military leave, s.;.ck leave substantiated by a doctor's certificate, or other absences excused by the Chief of Police. 12.5 Employees who have been assigned holiday work and fail to report for and pe:.-form such work without reasonable cause shall not receive pay for the holiday or compensatory time. 12.6 Employees who are on an unpaid leave of absence or layoff on the day on which such holiday is observed shall not receive pay for the ~7oliday or compensatory time. 12.7 For purposes of this Article, all holidays shall commence at 12:01 a.m. on the holiday (as set forth in Section 12.1? and continue for twenty-four (24? uninterrupted hours. 12.8 The accrual and pay-out of compensatory time under this Section shall be governed by the provisions of Articl~.=.. 17. • 22 Article 13 City's Proposal: 1. Increases Personal Leave accrual based on the elimination of (Attachment 6) "Employee's Birthday" in Article 12. 2. Changes noted in 13.1, e, f, & g have been agreed upon and the language is as underlined in the City's Proposal. 1; FOP Proposal: Accept City's Proposal on Article 13 (with noted changes) not contingent on acceptance of the City's Proposal in Article 12. Current Contract Language (Attachment 7) L_.J ~~ • ATTACHMENT #G • ARTICLE 13 PERSONAL LEAVE HOURS 13.1 The "Personal Leave Hours" concept is an advancement from the traditional vacation and sick leave system. a. When a Personal Leave Hour is used for illness or other emergencies, employees are required to notify the on-duty supervisor, or if he/she is unavailable the Communication Center of the nature of the illness or emergency at least one hour prior to the start of the employees shift. When an employee is planning to use Personal Leave or Compensatory Time off, he must submit his request for the leave in writing to the Police Chief, or his designee, at least fourteen (14) calendar days, prior to the first day of the intended absence. The Chief of Police, or his designee, shall respond to the request within four days, not including Saturday, Sunday, or holidays, of receipt of the request. Approval of the leave may be denied if in the discretion of the Chief, or his designee, such Leave would pose an undue disruption of the department. The employee's supervisor may approve any Ieave without 14 days prior notice so long as the employee is not absent for more than forty (40) hours. The granting or denial of this request shall be the discretion of the shift supervisor of the work shift that is affected. Employes may accumulate Personal Leave hours up to the maximum Leave Limit as established per Article 13.1 e. Thereafter, employees must utilize the Personal Leave or they will automatically receive payment for such leave in accordance with section 13.1d ofthis Agreement. b. Minimum units charged against Personal Leave under sections 13.1 a shall be in one (1) hour increments. c. For Personal Leave Hhours used for illness, the City always retains the right to require medical documentation of the illness. d. For hours permissibly accumulated under this Article, the employee shall be automatically paid for all personal leave hours that exceed the personal leave limit as established by the employee. For the purpose of paying the employee for accrued leave time, the Employer will automatically pay the employee two times during the year as follows: on the first payday in June, and on the first payday in December. Payment for Personal Leave will be based upon the employee's personal leave account balance on the pay period that immediately precedes the designated payment date. • Impasse -November 3, 2003 City Proposal -Change 1, August 27, 2003 -Changes in Bold Italics City Proposal -July 15, 2003 C7 e. Each employee is required to select a personal leave limit of 120, 240, 480, or 960 hours that will best fit the employee's needs. n^*'~° °'~~rg°~: Employees may change their Personal Leave limit in December of each near for the following calendar year. Those that do not change their limit shall retain theirpreviously established limit. Thereafter, employees must utilize their Personal Leave hours or the employee shall, in accordance with Article 13.1(d), be automatically paid for all hours accumulated that exceed their established maximum leave limit as selected by the employee. Employees who do not select a personal leave limit will be assigned a 960 hour limit. f. No Personal Leave Hours may accumulate to an employee , h~-aectrlateEl-the-~,u.• ^~• nrn ~,^,,.-~ who is in a non-pav status or utilizing donated leave. g. An eligible employee who resigns with at least two weeks notice, is laid off, or whose employment has not been involuntarily terminated shall be paid for any unused accruals. uv,`:~,,.°,. _;,,_„^ o,.°„*_~~,.,,~ *,,° ° .,,^..°°,,° ....,;,a r^r „ ~ ,~ v°.-~,,,,.,i r ° °°,a;.,,, non ~,^,,,.~ ' b I.....J 13.2 In the e vent of the employee's death, the balance of the employee's Personal L eave Fund shall be paid to the beneficiary of the deceased employee. 13.3 Personal Leave time shall accumulate during each pay period and shall be credited to the employee at the end of each pay period. Hours Per Total Annual Years Pay Period Hours Beg. ls` through 3"~ year Beg. 4`" through 7`" year Beg. 8`" through 11 `" year Beg. 12`" through 15`" year Beg. 16`" and over 4~ '~?~ 5.81 X47 151.06 1 61' 6.78 ~ nn - 176.28 ~n4 nn 8.31 ~4 216.06 9.85 YVZ 6 ?4~4 256.10 ~ V ' 10.47 TT 272.22 Impasse -November 3, 2003 City Proposal -Change 1, August 27, 2003 -Changes in Bold Italics City Proposal -July 15, 2003 ATTACHMENT #7 • ARTICLE 13 PERSONAL LEAVE HOURS 13.1 TYie "Personal Leave Hou~~s" concept is an advancement from the tradl.tlUIla1 VaCatlUn al"ld s1.C~{ leaVC System. a. When a Personal Leave Hour is used for illness or other emergencies, employees are required to notify the on-duty supervisor, or if he/she is unavailable the Communication Center of the nature of the illness or emergency at least one hour p~~ior to the start of the employees shift. When an ~~nlp;ayer is p,: al:r_ing to use Pc_ sonal Leave or. Comprl:satory T~ m~ ~~~ ;~ , :::. m~,zst submit hi; request for the leave in writing to tre Police Chief, or his designer, at least Fourteen (1~1) calendar days, prior to the first day of the ilztelzded absence . The Chief of Police, or his designee, shall respond to the request within four days, not including Saturday, Sunday, or holidays, of receipt of the request. Approval of the leave may be denied if in the di.screr.io:i of the Chief, or his designee, such leave would pose an undue disruption of the department. The employee's supervisor may approve any leave without 14 days ca>.-ior notice so long as the employee is not absent for Ino:-e than forty {40) hours. The granting or denial of this request shall be the discretion of the shift supervisor of the work shift that is affected. Employees cnay ac.cucnulate ~er•sonal. Leave. hours up to the maximum leave limit as established per Article 1.3.1e. Ther~:::after, ccn_)lr,~,r^es must utilize the Uersanal Leave or ::l:~:t' :~,'; _ ~.._... _";.~i'_._cll_V Y°CC~'J? T ~' ?nt rJ1^ SUCK e ? ; ~~} ip 1 cl V l l ~lcc<_:.-:~~.,n.._ •~.,-; .... s~-.. •...: -._ . _d cif this F.gr?ement . b. Minimum u:":~ ~s ; :za_~u~" against Personal Leave under sect i or_s 13 . 1a steal lr be irI one (1) houY• increments . c. For Personal Leave Hours used for illness, the City always ret i:is the rigY:t to require medical documentation d. Foy- lOUrS r)-~-In~._._.~.c:i.~ a::cucculatcd ,u:de"- t.}i_s Article ~~ • C he employer si:all:. autocnati tally paid for all personal leave hours that exceed the personal leave limit as established by the employee. For the purpose of paying the employee for accrued leave time, L-he Employer will automatically ~~ay thy' ec77pl.oy~e two times during the year aS tollo~'/~~: CI; __'ia TI!^St p~,z~,'Qcl:~ 7Ii ~7l.tne, Glrld Can trle tlrst .3aYC.r'..V _n _;~•: =, ;'7 L:~:r. .'ci`%I:?=.,lt'. _O1" 1)~'.L"'~~1:)I~ct1 e W.L~I I hP b:~s .... - _ _ L ave. V' i '.;I~. .. _ .+~ ~ I:;.__._ _...c1 :..°.aL'•~ _ir_'~:c::I,11~C. }Julc12'1~:Ey ,~ ._ ._ J on the pay pe~~iod that immediately precedes the designated payment date. e. Each employee is required to select a personal Leave limit of 120, 240, 480, or 960 hours that will best fit the employee's needs. Once established, such limit may not be changed. Thereafter, employees must utilize their Personal Leave hour.-s ar the employee shall, in accordance with Article 13.1(.di, be automatically paid for all hours accumulated that ercred the maximum leave limit as selected by the employee. Employees who do not select a personal leave limit will be assigned a 960 hour limit. f. No Personal Leave Hours may accumulate to an employee' on leave witYiaut pay, or one w}:orias been suspended without pay for disciplinary purposes, or one who has accumulated the maximum of 9G0 hours. g. An eligible employee who resigns with at least two weeks notice, is laid off, or whose employment has not been involuntarily terminated shall be paid for any unused accruals. Howeve~••, in no event shall the employee be paid for any unused Personal Leave exceeding 9G0 hours. 13.2 In'the evert of t::= emp~o}Tee's death, the balance of the employee's Personal Leave Lurid shall be paid to the beneficiary of the deceased employee. 13.3 Personal. Leave mime shall accumulate during each pay period and shall be cred~.ted to the employee at the end of each pay period. Tenure Maximum nuriY~er of hours accumulated each bi-wee}cly pay period (provided maximum cap has not been reached) Beg. 1' through 3"' year 4.93 hours Beg . 4 `'~ through 7 -~` year 6 . 4 7 hours Beg. 8"' through 11r°' year 8.00 hours Beg . 12"' through 1S'`` •,~ear ~+ . 54 hours Beg. 16`" and over 10.1G hours .7 -, Article 17 Ci ~'s Pro oral: 1. Change Article 17.3 to rovide overtime a ment r t3 p b p p y f om bask (Attachment 8) work shift to 80 hours in a hvo-week cycle. 2. Change 17.4 to reflect above change 3. Change 17.6 to reflect above change Note: Underlined items (Not in bold print) have been previously agreed to. FOP Proposal: 1. Current Language with the exception of previously agreed to items in Article 17.3, 17.5, & 17.9. Current Contract Language (Attachment 9) • 77 ,_ a ATTACHMENT #8 • • ARTICLE 17 HOURS OF WORK AND OVERTIME 17.1 The bargaining unit employee's basic work period shall be based on the Fair Labor Standards Act (FLSA) with a work period of twenty-eight (28) days. The basic workweek for an employee covered by this Agreement will consist of an average of 40 hours per week and 160 hours per 28-day work period. When the City deems it necessary, the basic work week may be changed, provided the employees are given at least seven (7) calendar days notice prior to the change. 17? Whenever the Chief of Police or the City Manager permits an employee (at the employee's request) to attend a training seminar or training program which is not specifically assigned, the employee shall have no right to receive any compensation or compensatory time for the hours spent traveling to or from or attending the seminar or program. However, the Chief of Police or City manager may at their discretion compensate tl~c employee for attending the seminar or progn•am and/or reimburse the employee for travel or lodging expenses. Such decision is not subject to the grievance or arbitration procedures of this agreement. 17.3 Except as provided in Section 17.4, all hours worked in excess of a~~p}~ r°°~ °~-~-~i~ =~r^~ SO hours in a rivo work week cycle shall be considered overtime and shall be compensated at the rate of one and one-half (1'/2) times the employee's regular hourly rate of pay. Employee's paid holidays taken,~aid compensatory time take, personal leave taken and other approved paid leave taken, except donated leave, shall be included as "hours worked" for the purpose of overtime payment. 17.4 An employee will have the option of receiving compensatory time off or overtime pay provided 8~% or more or the overtime budget has not been expended at the time the overtime work is performed. However, the maximum amount of compensatory time, which may be accrued under this agreement (including Article 12 and Article 17), is one-hundred (100) hours of compensatory time. Under this Article, compensatory time shall b c a ccrued a t t he s ame r ate a s o vertime p ay, i .e. o ne and o ne-half (1 %z) t imes. Once an employee accrues one-hundred (100) hours of compensatory time, no further accrual of compensatory time will be allowed. Thereafter, hours worked in excess of an employee's regular 80 hour scheduled two week work sl~i€t cycle shall be considered overtime and be compensated at the rate of one and one-half (1 %i) times the employee's regular hourly rate of pay. If an employee accrues an excess'of one- himdred (100) hours of compensatory time because of time given for holidays or other circumstances, the employee will decrease the excess compensatory time within thirty days o f t he e xccss a ccrual o n a v oluntary b asis, o r t ime o ff w il] b e a ssigncd b y t he Chief of Police or his designee to decrease the compensatory time in excess of one- hundred (100) hours. 17.E For t he p urpose o f t aking compensatory t ime o ff, t he c mployee s hall, i n a ccordance with procedures for Personal Leave, Article 13, request to he allowed to utilize his Impasse -November 3, ?003 ' City Proposal -Change 1, August 27, ?003 -Changes in Bold Italics City Proposal -July 1 ~, 2UU3 accrued hours. All accrued compensatory time °''~' ~~ °~~~~~~ ^~' *~•~ "~"'^~~~~• must be taken during the fiscal year (October 1 -September 30) in which it is earned. If not, the employee shall receive a cash payment for the excess unused compensatory time on or after the last day period of the fiscal year but no later than i,or ..o ,.r^..a,,,,,o , ~ ^~,, F '~ September 30t1~ of the same fiscal year at the regular hourly rate earned by the employee at the time the employee receives sttcli payment. 17.G Hours worked in excess of the employee's scheduled 80 hour work sl~€t cycle due to emergency situations such as hurricanes, tornadoes, civil disorders and other like matters, will be compensated for at the rate of one and one-half (1 %) times the employee's regular hourly rate of pay. 17.7 When an employee is required to appear as a witness at a deposition on a pending criminal,civil, o r t raffic c ase o r a s a w fitness i n a p ending d epartmcntal d isciplinary action, where the employee is or was involved in his official police capacity, and such appearance occurs when the employee is scheduled to be off duty, he shall be compensated at the overtime rate of pay for the reasonable time spent traveling to and from the location of the deposition and for the time spent in performing his duties as a witness, with a minimum of three (3) hours. Provided, however, the employee must submit to the Police Chief a copy of any notice of deposition and must remit to the City any witness fee or fees received in connection with the appearance. 17.8 In changing work schedules, management will take into consideration the interests of the employees affected and the needs of the department. The City will give as much advance notice as possible. Where possible there should be a minimum of twelve hours between t he completion o f t he e mployee's p rior w ork s hift a nd t he b eginning o f t he next work shift. This section does not apply in overtime circumstances. 17.9 Trainint; days arc viewed as hours worked, and the City may assiat~ and/or reschedule employees at the City's discretion. IC a training day is canceled, the effected employee shall have the option of using compensatory time or persona] leave to cover the canceled day unless scheduled to work by the City. ]f the employee has fifty (50) hours of compensatory time or less accrued, the employee may work on that training day on the shift he is scheduled to work for tljat twenty-eight (28) day work cycle, and shall notify the effected shift supervisor of that intention and for assignment. • lmpassc -November 3, 2UU~ City Proposal -Change 1, August 27, 2003 -Changes in Bold Italics City Proposal -July 15, 2003 ATTACHMENT #9 • C ARTI:~LF 17 HOURS OF WORK AI~?D. OVEP.TIME 17.1 The bargaining unit employee's basic work period shall be based on the Fair Labor Standards Act (FLSA) with a work period of twenty-eight (28) days. The basic workweek for an employee covered by this Agreement will consist of an average of 40 hcurs per wee}~ and l00 hours per 28-day work period. When the Cit}r deems it necessary, the basic work week may be changed, pravided the employees are given at least seven (7j calendar days notice prior to the change. 17.2 Whenever tt~e Crlief of Police or the City Manager permits an employee (at the employee's request) to attend a training seminar or training pragram which is not specifically assigned, the employee shall have no right to receive any compensation or. compensatory tulle for t'rre hours spent traveling to or from or attending the seminar or program. However, the Chief oL Police or City manager may at their discretion compensate the employee for attending the seminar or program ana/or reimburse the employee for travel or- lodging expenses. Such decision is nat subject to 'the grievance or arbitra~ion procedures of this agreement. 17.3 Except as provided in Section 17.4, all hours worked in excess of an employee's basic work shift shall be considered overtime and shall be compensated at the rate of one and one- i;al f (1;~) t:lr.~es -1-:e employee's regular hourly rate of pay. 17 . =: An employee ~•~i i ~ have t 1.,4 op:. i on cf rare ivirig caRlpeIlsat.orY time off or overtime pay p~cvided n5 0 ox• more or the averr_ime budget has not been expended at the time the overtime work is performed. However, the maximum amount of compensatory time, whlch may be accrued ul:der this agreement (including Article 12 and Article 1?`, is one-hundred (].00} hours of_ compensatory time. Under ti~::s A~~_icl~_, r,or.~I~ens<:~tory time shall be accrued at the same ,"a- ~. :; _ . ~~ ~'_.^;- ~a}•, _ . ~ . one and orze-half , i 1) C. 1 RIC L-r:;:~ :.a c:il _ - . _ _ ci: "'?'t1-.: .~:1C ::?;IiL1:.'~'Cl ~ G!?, lzatri S Uf rompensatol•'y tim-, n _; ` u:. tier ac:ci-u~al of.' compensatory time will be allowed. Thereafter, hours worked in excess af_ an employee's regular scheduled work shift shall be considered overtime and be compensated at the rate of one and one-half illri') times the employee's regular haurly rate of pay. If an employee accrues an excess cf ane-hundred (100) hours of C:O'npeTlSatUry` ..~.i11^.' ii~'_:~=11..:~~.; J~ ~.1!11°_ C~1'~i~?li fC)?.." iiCilld~iVS Cr U:.ili~l' C1I"C:u~;istanc,_~s, .-. :1 =^: =;i;::;~ ~: ~ '~+1.'~~ ~ :~c:CT~r_'caS~ thF'. t::t'.CeSS compensatory time wir.iZi-r: t.:ir•ty da,~ ~, cif the ey:cess accrual on a voluntary basis, or time cff will be assigned by the Chief of Police or his designee r_o decrease the compensatory time in exr.ess of one hunr.:z-~d (100) hours . 17.5 FOB" ;.hr ptl~"_~os~~' Ct `:~)~-:-ny :"~'mpensatoi"y tln;e off, the employee ~~ __ shall, in accordance wir.h procedures for Personal Dave, Article i3, request to be allowed to utilize his accrued hours. All accrued compensatory time off in excess of ten t10) hours must be taken during the fiscal year {October 1 - September 30} in which it is earned. If not, the employee shall receive a cash payment far the excess unused compensatory time on or before November 15 of the following fiscal year at the regular hourly rate earned by the employee at the time the employee receives such payment. 17.6 Hours worked in excess of the employee's scheduled work shift due to emergency situar_io:is such as hurricanes, tornadoes, civil disorders ar.d other like matters, will be compensated for at the rate of one and one-half (1'f~) times the employee's regular hou~~ly rate of pay. 17.7 When an employee is required to appear as a witness at a deposition on a pending criminal, civil, or traffic case or as a witness in a pending departmental. disciplinary action, where the employee is or was involved in his official police capacity, and such appearance occurs when the employee is scheduled to be off duty, he shall be compensated at the .overtime rate of pay for the reasonable time spent traveling to and from the location of the deposition and for the time spent in performing his duties as a witness, with a minimum of three {3} hours. Provided, however, the employee must submit to the Police Chief a copy of any notice of deposition and must remit to t'rie City any witness fee or- fees received n correct~ci: with '.:he appearance 17.8 In changing work schedules, management will tal:e into consideration the interests of the employees affected and the needs of t'ne department. `1 he City will give as much advance notice as possible. Where possible there should be a minimum of twelve i7ours between the completion of the employee's prior work sl~iift a::;1 ~.hc b~=ginni.ng cf the next work shift . _ _ _ t;.cc r.irc:un;sta~ces This sent . c;r; c~ nt.. rrr~~• ~~ ir. o•~~~r ~~ i7 . 9 If a trai z'i~.:ig day is : •a:~..?ld, tip=- effected employee shall have the option. or" using compensatory time or personal leave to cover the canceled day unless scheduled to work by L-he City. If the er.~ployee has fifty {50) hours of compensatory time or less accrued, the employee may work on that training day on the shift. he i:~ scheduled Lo work for that twenty- eight {28} day wore, c~~cl" and shall notify the effected shift sup~rvi son o. t.i.._i:. i:zr.rntion urd for ~issignment . t~ Article 22 City's Proposal: 1. Change Article 22.3 to allow the Chief of Police to remove items (Attachment 10) not in compliance with Article 22.2. FOP Proposal: 1. Current Contract Language Current Contract Language (Attachment 11} L~ • ATTACHMENT #10 ~~ • ARTICLE 22 BULLETIN BOARDS 22.1 The FOP may be permitted to provide for its own use one bulletin board not to exceed 4' X 3' in dimension, provided the bulletin board shall be located only in the squad room. 22.2 The FOP agrees it shall use the space on the bulletin board provided for herein only for the following purpose: notices of FOP meetings, notices of internal elections for FOP offices, reports of FOP committees, policies of the FOP, recreation and social affairs of the FOP, and notices by public bodies. In no event shall the bulletin board be used to post political material or controversial material. The President and the Secretary of the FOP are the only authorized representatives to post material on the bulletin board. Said representatives shall initial and date all material, which is posted. 22.3 The Chief .of Police or his designee shall decide whether or not Section 22.2 has been violated. Should it be determined that a violation has occurred ~re~~ the material shall immediately be removed ~t-;tee-pw~-t~z«at-ems.-;~. 22.4 The Police•Department may post training, promotional, or transfer information on these boards. Such material shall be removed from the boards within five (5) days of expiration. • Impassc - Novcmbcr 3, ?0U City Proposal -July l 5, ZUU3 • ATTACHMENT #11 ARTICLE 22 BULLETIN BOARDS 22..1 The FOP may be permitted to provide for its own use one bulletin board not to exceed 4' h 3' iri dimension, provided the bulletin board shall be located only in the squad room. 22.2 The FOP agrees it shall use the space on the bulletin board provided for herein only for the following purpose; notices o FOP meetings, notices of internal eler_tions for F'OP offices, reports cf FOP committees, policies of the FOP, r.ecrcatici: and soc:i~l _~f~LCi~.~~s of thc~ FOP, and notices by public bodices. Ir: ri:~ _,•ant stall tine bul].ztii: board br usad to post political material or co:~troversial material. The President and the Secretary of the FOP are the only authorized representatives to post material on the bulletin board. Said representatives shall initial and date cell material, which is posted. 22.3 The Chief o Pclicr :^.' his designee shall decide whether or nor. Section 22.2 has be?n violated. Should it be determined that a violation. lzas occurred the FOP shall immediately remove the Hosted material. 22.4 The Police Depa}-tment may post training, promotional, or r_ransfer infcrmatior: on these boards . Such material sl~iall be removed rrom -i,:e bo~~r:•ds within five (5; days of rxp : ~~at..~~_;z: • 3~ Article 23 Ci}~~'s Pro osal: 1. Change Article 23.1 to eliminate detail listing of Uniforms `J p b b (Attachment 12) and Equipment. 2. Change Article 23.4 to reflect changes in Article 23.1 and add, "or as otherwise authorized by the Chief of Police". FOP Proposal: 1. Change Article 23.1 to include ttivo long sleeve shirts, one hat, (Attachment 13) and one tie. Current Contract Language (Attachment 14) 2 • ATTACHMENT #12 • • ARTICLE 23 UNIFORMS 23.1 The City will furnish to all sworn bargaining unit employees who are required to wear s~k uniforn~s in~ the perforn~ance of their duties, u ~ } e~le~}en-~: with uniforms and equipment approved for their use. lxi-t~dc~t~f~€s r ~ r ^ •~-~-1~©1S~e~ b . Jt~~~~ • i~ e ;~-at lf'S 1;3~tiSS ~@-~381:de~ 8~ -Au c~-~~adg~- ~,L zv-^°~7~ n~`rT n. n"`i" ~ 'lz`1me-{3It~+^ i~f~t3~~e-~e-t-lr~ea-~ ~e~f'~-~-)E-9f~9i~ --~{~©I3-f-eE'~~t£'S-~-~3 it E~cl~` -_-~~ i~~e~rnecllr~-fie ~c~i--A-nc~-h-H1cJ{' n tin ec#i n Ee-+r~~ P a c=~ c~rr~i}d-lie-]c~et~ ^~ ^''~cer--~Itaiee 23.2 The City will replace or repair the about items as they become torn, worn or unserviceable due to the perforn~ancc of the employee's official duty. Any claim for a repair or replacement under this Section must be accompanied by a written explanation addressed to the Chief ~~ ~~~~^~ ~ ~ the employee's supervisor, setting forth the circumstances necessitating the replacement or repair. The torn, worn, or unserviceable item shall be presented to the Chief or Police or his designee for inspection and determination as to whether the item should be replaced or repaired. It shall be the Impasse -November 3, 2003 City Proposal -July 15, 2003 decision of the Chief of Police or his designee as to whether the item shall be replaced or repaired. 23.3 Any employee ~vho damages, destroys, or loses any furnished article of uniform due to carelessness or negligence will replace the article (or at the satisfaction of the City repair) the article at his own expense, or such cost of replacement shall be deducted from the employee's pay. 23.4 The employee shall wear the articles of the uniform Iis~tet~ provided in Section 23.1 only for official City business or as otherwise authorized by the Chief of Police. 23.5 Upon termination of employment for any reason, the employee shall return to the City all articles of the uniform issued by the City or be required to pay for such articles prior to receiving his final pay check or have the cost of the items not turned in deducted from the employee's final pay check. 23.6 The City agrees to provide for the cleaning of a maximum of forty-eight (48) uniforms sets (shirts and pants) per employee per quarter. . 23.7 a. The city shall provide for the Detectives covered by this agreement a clothing allowance of six hundred and Gfty dollars (5650.00) per year to be paid quarterly. b. The first rivo quarters clothing allowance shall be paid within fourteen (14) days of the employee's initial assignment as detective. 23.8 Any prescription glasses (not sun glasses) contact lenses, false teeth or partial plates damaged, destroyed or stolen while an officer is acting in the performance of his official duties for the City, shall be replaced ol• repaired by the City, up to a maximum cost of 5300.00, provided the damage or loss is not the result of the employee's negligence. Such claim for repair or replacement shall be supported by written explanation as to how the damagelloss occurred and be accompanied by documentation of the original cost of said item, a~ld shall be subject to provisions pertaining to the processing of claims as set forth by tl~e Chief of Police. Virrist Watches damage/destroyed shall be repaired or replaced up to a value of 550.00. The same restrictions, requirements and procedures shall be followed as set forth in the above paragraph. If the loss is covered by any insurance policy owned by the victim employee, then the City will be reimbursed for any replacement item in the amount allowed and paid by the insurance company. The victim employee shall assist the city in obtaining restitution from any sul?ject, suspect, or party through all legal processes. Any reimbursement or restitution received by the victim employee shall be immediately paid to the City. • Impasse -November 3, 2003 City Proposal -July ] 5, 2003 ATTACHMENT #13 . 1 2 4 5 23.1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ' 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 23.2 41 42 43 44 45 46 47 48 49 50 51 52 ~53 23.3 ARTICLE 23 UNIFORMS The City will furnish to all sworn bargaining unit employees who are required to wear such uniform in the performance of their duties an initial •issue of the following upon employment: 1. Five (5) shirts 2. Five (5) pants 4. One (1) raincoat 4. One (1) light weight jacket 5. One heavy weight jacket upon request 6. One (1) pair of shoes 7 . One (1) set of collar brass 8. One (1) badge 9. One (1) name plate 10. One tl), gun belt and buckle 11. One approved intermediate weapon and holder of intermediate impact weapon and holder of officer choice 12. Four (4) keepers 13. One (1) hand-cuff case 14. One (1) pair of handcuffs 15. One (1) handgun 16. One (1) holster 17. Two (2) magazines 18. Two (2) magazine pouches 19. One (1) radio holder 2 0 . One (1) sof t body armor (to be threat level II or above) upon request 21. Two(2) long-sleeved shirts 22. Hat W/badge 23. One Tie/clip-on The City will replace or repair the above items as they become torn, worn or unserviceable due to the performance of the employee's official duty. Any claim for a repair or replacement under this Section must be accompanied by a written explanation addressed to the Chief of Police by the employee's supervisor, setting forth the circumstances necessitating the replacement or repair. The torn, worn, or unserviceable item shall be presented to the Chief or Police or his designee for inspection and determination as to whether the item should be replaced or repaired. It shall be the decision of the Chief of Police or his designee as to whether the item shall be replaced or repaired. Any employee who damages, destroys, or loses any furnished ' 37 1 article of uniform due to carelessness or negligence will 2 replace the article (or at the satisfaction of the City 3 repair) the article at his own expense, or such cost of 4 replacement shall be deducted from the employee's pay. 5 6 23.4 The employee shall wear the articles of the uniform listed in 7 Section 23.1 only for official City business. 8 9 23.5 Upon termination of employment for any reason, the employee 10 shall return to the City all articles of the uniform issued 11 by the City or be required to pay for such articles prior to 12 receiving his final pay check or have the cost of the items 13 not turned in deducted from the employee's final pay check. 14 15 23.6 The City agrees to provide for the cleaning of a maximum of 16 forty-eight (48) uniforms sets (shirts and pants) per 17 employee per quarter. 18 19 23.7 a. The city shall provide for the Detectives covered by this 20 agreement a clothing allowance of six hundred and fifty 21 dollars ($650.00) per year to be paid quarterly. 22 23 b. The first two quarters clothing allowance shall be paid 24 within fourteen (14) days of the employee's initial 25 assignment as detective. 26 27 23.8 Any prescription glasses (not sun glasses) contact lenses, 28 false teeth or partial plates damaged, destroyed or stolen 29 while an officer is acting in the performance of his official 30 duties for the City, shall be replaced or repaired by the 31 City, up to a maximum cost of $300.00, provided the damage or 32 loss is not the result of the employee's negligence. Such 33 claim for repair or replacement shall be supported by written 34 explanation as to how the damage/loss occurred and be 35 accompanied by documentation of the original cost of said 36 item, and shall be subject to provisions pertaining to the 37 processing of claims as set forth by the Chief of Police. 38 39 Wrist Watches damage/destroyed shall be repaired or replaced 40 up to a value of $50.00. The same restrictions, requirements 41 and procedures shall be followed as set forth in the above 42 paragraph. 43 44 If the loss is covered by any insurance policy owned by the 45 victim employee, then the City will be reimbursed for any 46 replacement item in the amount allowed and paid by the 47 insurance company. The victim employee shall assist the city 48 in obtaining restitution from any subject, suspect, or party 49 through all legal processes. Any reimbursement or 50 restitution received by the victim employee shall be 51 immediately paid to the City. 52 38 s ATTACHMENT #14 • • • • • UNIrORMS 23.1 The City will furnish to all sworn bargaining unit employees who are required to wear such uniform in the performance of their duties an initial issue of the following upon employment: 1 . Five (5) s}:irts 2. Five (5) parts ~~. Four (4) keepers 13. One (1) hand-cuff case 4 . One (1) raincoat 14 . One (1) pair of handcuffs 4. One (1) light weight jacket 15. One (1) handgun 5 . One heavy weight 1 .. Otle (1) holster' jacket_ upon reC7uP_St 17. Two (2) magazi.lles 6 . Ona (1.) pair of shoes 18 . Two (2) magaz i~ne 7. One (1) set of collar pouches brass 1~. One (-) radio holder 8 . Orle (1 i bada_ 20. One (1) soft body y. One (1) name plat` armor (to be threat level II or above) 10. One (1) gun belt and upon request buc}cle 11. One approved intermediate weapon and holier of int~~rrncdiat~ inlt,~art wean:-;~:1 and }::: ~d~_r 23.2 The City will. r?place or repair the above items as they become torn, worn or unserviceab~.e due to the performance of the employee''s or:ficial duty. Ar.y claim for. a repair or replaceme:lt under t}lis Section must be accompanied by a Written ~~::p ~ allatlC>:1 :iCt~?"°_SS~C.1 t0 trl~~ ~}"llef Uf POI l.C y' ley ~:~lt? employee' S SUS:~?rVl:tiol°, S?tt:Lllg ?'U?'t}~ t}l,~ C1'_'CUInStc'111CLS nc?C;!i'SS1i..iL;.:1~~ ~.... ?-r=L~lu';'~3I'.l~?at 02" L"•c'Kidlr Tfl='. tUY"17, WOYrI, UI" UnSGZ'~~i :'~_::~:! I •._. 1LE'IP. S:1a_. } }~~- ",_:Y"~~Se?:tE"~ t.0 t}le ~:hlef CG Y' POI1Ct? or his d~.signee f_~~r inspection and determination as to whether the item should be rcrplar.ed o~- repaired. Tt shall be the decision of the Chief of Police or his designee as to whether t}le item shall be replaced or repaired. 23.3 Any emplo}ice who damages, destro}~s, o'- loses any furnished '7 J article of uniform due to carelessness or negligence will replace the article (or at the satisfaction of the City repair) the article at his owr. expense, or sucrr cost of replacement shall be deducted from the employee's pay. 23.4 The employee shall wear the articles of the uniform listed in Section 23.1 only for official City business. ?.3 .5 Upan te~-mi~nation of emplo}finent for any reason, the er~~oloyee shall return to r.he City all articles of the uniform issued by the City or be required to pay for such articles prior to receiving his final pay check or have the cost of the items not turned in deducted from the employee's final pay check. 23.6 The City agrees to provide for the cleaning of a maximum of forty-eight (48) uniforms sets (shirts and pants) per employee per quarter. 23.7 a. The city small provide for thr ;detectives covered by this agreement a clothing allowance of six hundred and fifr.}r dollars ($650.00) per year to be paid quarterly. b. The first two quarters clothing allowance shall be paid within fourteen (14) days of the employee's initial assignment as detective. 23.8 Any pr~_sc,-ipti.ol: glasses (not sun glasses) contact lenses, false teeth: or partial plat=s damaged, destroyed or stolen while an officer is acting in the performar7ce of his official duties for the City, shall be replaced or repaired by the City, up to a. may:imu:n cost of $300.00, provided the damage or loss is net tl~e result of the employee's negligence. Such claim for repair cr.- replac~_~mer.t. shall be supported by written explanation: as t~~ h:~w t:':~t~ darllage,r'loss occurred and be accompanied by dact:men:.atior_ of the oricinal cost of said item, and shall be subject to pz-c;v lions pertail:ing tc the processing of claims as set forth by the Chief of Police. Wrist Watches damage/destroyed shall be repaired or replaced up to a value of $50.00. The same restrictions, requirements and procedures shall be followed as set fog-th in the above paragraph. If the loss is covered by any insurance pclicy owned L^y the victim ernpioyee, then the City will be reimbursed for any replacement item in the amount allowed and paid by the insurance r_.ompany. The victim empioy~~e shall assist the city in obtail:ing r~st.itution from any subject, suspect, or party through al ]. 1Lgal ?:>rcccss~s. Any ~~eimbursement or restitution receivd by the vicr_in~ employee shall be immediately paid to the Cir.y. 3 ~, Article 26 City's Proposal: 1. Modify Article 26.1 to provide fora 3% pay scale adjustment (Attachment 15) to starting pay (first 6 months of employment) and midpoint PaY• (Exhibit "A") 2. Modify Article 26.1 to provide a 6% adjustment applied to the new midpoint for employees with more than 6 months of . service. 3. Provides that employees must receive a satisfactory or above evaluation to receive Pay increase. 4. Provides that employees must maintain at least a "Meets Requirements" overall evaluation to receive a pay adjustment. ~. Provides that the employer may take action to terminate an employee or placed on a 90-day improvement plan. G. Provides that "Bonuses" may be awarded based on performance. FOP Proposal: 1. Adopt a salary "step" Plan based on years of service. (Attachment A) 2. Provide an increase in Detective pay from 10% to 15%. 3. Provide a 1~% differential beriveen Patrolman and sergeant based on years of service. -1. Provides a four percent (4%) salary increase for fiscal year 200. 5. Provides a four percent (4%) salary increase for fiscal year 2006. Additional Attachments 1. Annual Comparison of V~'ages in Duval County 2. Comparison in incremental form Current Contract Language (Attachment 1G) Z~ \_~ • ATTACHMENT #15 • • ARTICLE 26 WAGES 26.1 Effective , •the salarv ranges within Exhibit "A" are increased by three percent (3%). Employees covered by this Agreement on A~tel~~r'~~, shall have their pay adjusted as follows: If m ore that s ix (6) months s ervice a nd h ave r eceived a s atisfactorv, o r a bove, performance evaluation: by €ea-r six percent {~/~ L%) of the new midpoint for their pay grade to be effective vet'ov°'~ 'gin,-yvo-n (See Attachment "A"). The salary ranges for new employees are included within Attachment A. If less than six (6) months service their pav shall be adjusted by three percent 3% . Minimum Pay: In no case shall an employee's pay be set below the minimum established for the grade of the employee. Maximum pay. An employee's pay shall not exceed the maximum established for their grade. • Detective Pay. Employees assigned by the Chief of Police as a Detective shall receive pay at a rate often percent (10%) above the employee's regular rate of pay. If an emplovee does not receive at least a "Meets Requirements" overall • evaluation, they shall not receive a pav adjustment and the supervisor may take action to terminate the emplovee or the emplovee maybe counseled and placed in a 90-day improvement period and reevaluated in accordance with the Citv's performance evaluation program guidelines. Bonuses. Emplovees of the bar~ainin~ unit are eligible to receive a bonus based upon performance in accordance with the Citv's performance evaluation program guidelines. 26.2 Except as provided herein, original appointment to the classification of Police Officer • will be made at the entrance rate of pay. The City Manager may approve initial compensation at a higher rate than the minimum rate. Such decision shall not be subject to the grievance or arbitration provisions of this Agreement. However, a new employee may only be hired at a rate above the entrance rate of pay established for the position if Impasse -November 3, 2003 City Proposal -Change 2 -August 27, 2003 - in Bold Italics City Proposal -Change 1 -July 23, 2003 City Proposal -July 15, 2003 a. The needs of the City make such hire action necessary and all other employees within the same classification have their base salaries adjusted to be at least equal to that of the newly hired employee, or; b. The new employee has job related training and/or experience that clearly exceeds that of current employees. Prior to City Manager approval of initial pay under this provision, the City will notify the union, in writing, of the proposed action and allow the union three (3) workdays to provide comments. 26.3 The City shall assume the responsibility for certain pension contributions for bargaining unit members. Beginning with Fiscal Year 1996/1997 (October 1, 1996), the bargaining u nit m embers p ension c ontribution rate s hall b e reduced from 4.815% t o 2.315% of salary. Beginning with Fiscal Year 1997/1998 (October 1, 1997), the bargaining u nit m embers p ension c ontribution rate s hall b e reduced from 2.31 S% t o 1.000% of salary. 26.4 Any employee covered by this Agreement who is assigned by the Chief of Police to work in the Investigative Division as a detective shall receive pay at a rate ten (10%) percent above the employee's regular hourly rate of pay. Such percentage shall not be added t o t he b ase p ay b ut s hall b e i n a ddition t o t he b ase p ay a nd a pply t o a 11 p ay, overtime, compensatory time paid, etc. received by the officer. 26.5 Any Employee covered by this Agreement who is temporarily required by the Chief of Police or his designee to perform the duties of a Sergeant or Lieutenant shall receive pay at a rate five (5%) percent above the employee's regular rate of pay, provided that no other Sergeant or Lieutenant is on duty and that: a. The duties and responsibilities of the higher classif cation are assumed in full for a minimum of four (4) uninterrupted hours; and b. The assignment is not for the purpose of on-the job training. If the two (2) conditions set forth are not fully satisfied, the employee will receive the rate of pay of his regularly assigned classification for each hour worked in the Sergeant or Lieutenant position. 26.6 Promotion. Officers promoted to the rank of Sergeant shall receive a salary increase at the time the promotion becomes effective, to at least the minimum of their new pay range o r a n a mount equal t o t he p ercentage d ifference b etween t he current a nd n ew grade midpoints (not to exceed 12%), whichever is greater. (a) Calculating a Promotional Increase. Since a promotional increase is granted to recognize the assumption of additional job duties and responsibilities, the size of Impasse -November 3, 2003 City Proposal -Change 2 -August 27, 2003 - in Bold Italics City Proposal -Change 1 -July 23, 2003 City Proposal -July 15, 2003 the increase is calculated as a function of the size of the promotion, rather than as a percentage of current salary. The formula used to calculate the promotional increase is as follows: . New Midpoint -Current Midpoint =Promotion Increase Amount (%*) Current Midpoint Or An increase to the minimum of the new pay grade, whichever is greater. * Not to exceed 12% unless required to bring the employee's salary to the minimum of the new pay grade. (b) Anniversary Date. A new anniversary date will be established as the effective date of promotion. (c) Minimum Pay. In no case shall a promoted employee's salary be set below the base salary of the position to which they were promoted. 26.7 Any employee covered by this Agreement who is required by the Chief of Police or his designee to perform the duties of a Field Training Officer (FTO) shall receive pay at a rate of five (5%) percent above the employee's regular rate of pay while the employee is actually performing the duties of an FTO. 26.8 Longevity Pay. Employees shall receive an additional twenty- five dollars ($25.00) per month, for each five years served with the City as follows: Years of Service Monthly Starting Thru Payment 0 5 $ 0.00 6 10 $ 25.00 11 15 $ 50:00 16 20 $ 75.00 21 + $ 100.00 Impasse -November 3, 2003 City Proposal -Change 2 -August 27, 2003 - in Bold Italics City Proposal -Change 1 -July 23, 2003 City Proposal -July 1 S, 2003 EXHIBIT A Police Pay Agreement Attachment A PAY SCALE Salary Range Title Grd Min Mid Max Hourly Range Min Mid Max Police Office r 19 3-0--~~--18-,-~-4~ , z ^~~4-8z~o-: ~1-t 31,720 39,666 47,611 15.25 19.07 22.89 Detective * 19 3~ ,v~r-~-?; 3-ray}-5z , 53-0 1-6 .--~-v-3~--2 4-~~ 34,902 43,638 52,374 16.78 20.98 25.18 Sergeant 21 3-5~o 4 7 , ~-x8-~ 8~ 6~~6-~ ~~6 9-zn . 2-5 36,317 48,422 60,528 17.46 23.28 29.10 * Tncludes +10o Detective Pay. NOTE 6% of new midpoint Police Officer: $ 1.14. $ 2,371.20 Detective: $ 1.26 $ 2,620.80 Sergeant: $ 1.40 $ 2,912.00 I~ City Proposal -July I5, 2003 1 City Proposal - Changc 1 -July 31, ?003 - In Bold Italics City Proposal - Changc 2 -August 27, 2003 - In bold Italics • ATTACHMENT A • ARTICLE 26 WAGES 26.1 Employees covered by this Agreement on October 1, ~? 2003, shall have their pay adjusted-y-€e~pe-~ee~-~(-4-~-j-°~ *-'~~ ~$~ -~-.rl=e-z-s~a-~rntr ...'" tO th@ appropriate salary range included within the Step Plan. (Attachment "A") Minimum Pay: In no case shall an employee's pay be set below the minimum established for the grade of the employee. Detective Pay. Employees assigned by the Chief of Police as a Detective shall receive pay at a rate of '- '- -{~8-~-~- fifteen percent (15~) above the employee's regular rate of pay. Maximum pay. An employee's pay shall not exceed the maximum established for their grade. 26.2 Except as provided herein, original appointment to the classification of Police Officer will be made at the entrance rate of pay. The City Manager may approve initial compensation at a higher rate than the minimum rate. Such decision shall not be subject to the grievance or arbitration provisions ~of this Agreement. However, a new employee may only be hired at a rate above the entrance rate of pay established for the position if: a. The needs of the City make such hire action necessary and all other employees within the same classification have their base salaries adjusted to be at least equal to that of the newly hired employee, or; b. The new employee has job related training and/or experience that clearly exceeds that of current employees. Prior to City Manager approval of initial pay under this provision, the City will notify the union, in writing, of the proposed action and allow the union three (3) workdays to provide comments. 26.3 The City shall assume the responsibility for certain pension contributions for bargaining unit members. Beginning with Fiscal Year 1996/1997 {October 1, 1996), the bargaining unit members pension contribution rate shall be reduced from 4.815% to 2.3150 of salary. Beginning with Fiscal Year 1997/1998 (October 1, 1997), the bargaining unit members pension contribution rate shall be reduced from 2.315a to 1.000 of salary. 26.4 Any employee covered by this Agreement who is assigned by the Chief of Police to work in the Investigative Division as a detective shall receive pay at a rate ~ -~-1-9~} fifteen {25~) percent above the employee's regular hourly rate of pay. Such percentage shall not be added to the base pay but shall be in addition to the base pay and apply to all pay, overtime, compensatory time paid, etc. received by the officer. 26.5 Any Employee covered by this Agreement who is temporarily required by the Chief of Police or his designee to perform the duties of a Sergeant or Lieutenant shall receive pay at a rate ~e -~-}- fifteen (15~) above the employee's regular rate of pay, provided that no other Sergeant or Lieutenant is. on duty and that: a. The duties and responsibilities of the higher classification are assumed in full for a minimum of four (4) uninterrupted hours; and b. The assignment is not for the purpose of on-the-job training. If the two (2) conditions set forth are not fully satisfied, the employee will receive the rate of pay of his regularly assigned classification for each hour worked in the Sergeant or Lieutenant position. 26.6 Promotion. Officers promoted to the rank of Sergeant shall receive a salary increase at the time the promotion becomes effective- ~o ~'~ , ~ ~ ~ } i-n-i-m~--a-€-t-h ~i r-a-e:o e~e~-t e-q~ra-l-~~e-p~r~e~-t~-gt~-~~e~bet~~ee~-~~~ ~~cx=r~-& ei~F gi~~e-~-~~ -~~e e~-2c~o-r--TVd~-~-~ re'6TE1r ~s-g-r~-e-~The promoted employee would then advance to the appropriate step based on years of service. (See Attachment .~A~- ) a ; ; -, ~ „ , , -, ~- ; 3~--a-?~6~te ~ i e~~i~r-ems :rte-~~ F3~^ = r8~3~ ~. ~ ~. ~e~a-?-3-e~-~~i ~.ze-~g~effsi~~-~~T~`re-s~~e-e~ ~3-e-i~ e-r e~ e :r,-~ 1 ~;~'- c'' ~, ,~~e~r-e f ~e~-s3 a-e-s-f .. ~. ~..-vaiiv vi vaa, ~u~.ac`.... tit .. -~.~. -. r... ~,-, ..n ~Q'gz-eZ G'II'i-r'e'TTC T-az-i-rre-T" e~`3-e-~e-~~' ~t~~e--T~~'i ~k-ree-~~=,-~-at e-r , 7 - AT +- +- a e~~'e.{~'~1~"Z "6- .~~~ ~e'~~-'~'~"e' ~' , • ~ 1- (a) There shall be a ma.nimum of fifteen (15 ~ ) percent difference established between the rank of patrolman and the rank of Sergeant at any level of the attached~Step Plan. (b) Anniversary Date. A new anniversary date will be established as the effective date of promotion. (c) Minimum Pay. In no case shall a promoted employee's salary be set below the base salary of the position to which they were promoted. • 26.7 Any employee covered by Chief of Police or his Field Training Officer ~~-~e -{-5°~y- fifteen (15~) rate of pay while the duties of an FTO. 26.8 Longevity Pay. Employees shall receive an additional twenty- five dollars ($25.00) per month, for each five years served with the City as follows: this Agreement who is required by the designee to perform the duties of a {FTO) shall receive pay at a rate of percent above the employee's regular employee is actually performing the Years of Service Monthly Starting Thru Payment 0 5 _ $ 0.00 6 10 ~$ 25.00 11 15 $ 50.00 16 20 $ 75.00 21 + $ 100.00 • Proposed step plan fur the Atlantic Beach Police llepartment I'ulice Officers 2003-2Q0~1 'Cime of Service 1-lourly ~~'agc Annual ~Vaae 13e~innin~, Salary y $ l ~.3~ $31,925.00 l year' $1.50 $32.56=1.00 vcars $16.9 $34,07.20 3 years $17.10 $3~,~65.U0 ~ years $17.60 $36.(i05.U0 ~ years S 15.1 ~ $37.731.20 6 years $15.67 $35,833.60 7 `ears S 19?3 $39,995.40 S wars $19.56 $41,305.50 9 guars $20.40 $42,432.00 10 years $21.03 $43,742.40 1 1 years $21.6 ~ $=13,032.00 12 vcars $22.09 $=13,9~7.?0 13 years $22.3 $46,562.40 14 vcars $22.95 $=X7,795.=10 1 ~ vear~ $23.44 $=15.7;;?0 16 'cars $23.92 $=1~).7~3.C0 Sergeants 3 years $19.63 $40,903.20 4 vcars 520.24 $=1'',099?() vcars $ZU.S6 $-13,;90.55 6 .'ears ~ $? 1.47 $-1~1,6~5.6-1 7 years $22.1 I 5=1~.~)95.16 8 vcars $22.54 $47,~0~.12 9 years $23.46 .545,796.80 IU vcars $?=1.18 $0,303.76 1 1 years $2-4.~)U $~ 1,7S6.S0 12 years $?~.40 $2,839.28 13 years $2~.9U 53.591.76 14 nears 526.-13 $~-1,065.16 1 ~ years $26.96 5~6,UGS.48 1 C vcars $27.~ 1 $7,21 G.64 • r~ L.J Proposed Pay Increase for the Atlantic Beach Police Department Police Officers 2004-2005 Beginning 1 October 2004, Police Officer's in the bargaining unit will have their base salary increased by four (4) percent. Ser;eants Beginning 1 October 2004, Sergeant's in the bargaining unit will have their base salary. increased by four (4) percent. Proposed Pay Increase for the Atlantic Beach Police Department Police Officers 2005-2006 Beginning 1 October 200, Police Officer's in the bargaining unit will have their base salary increased by four (4) percent. Ser ;cants Beginning 1 October 200, Sergeant's in the bargaining unit will have their base salary increased by four (4) percent. • 2 ANNUAL COMPARISON WAGES FOR SELECT POLICE DEPARTMENTS IN DUVAL COUNTY TIME OF SERVICE ABPD NBPD JBPD JSO 0-12 MONTHS $30,804.80 $31,005.00 "* $33,840.00 1 YEAR $31,449.60 $32,245.00 $31,928.00 $35,760.00 2 YEARS $32,947.20 $33,534.00 $32,864.00 $37,644.00 3 YEARS $33,924.80 $34,824.00 $34,507.20 $39,324.00 4 YEARS $35,984.00 $36,114.00 $35,568.00 $41,232.00 5 YEARS $37,404.00 $36,608.00 $41,232.00 6 YEARS $37,065.60 $38,694.00 $37,731.20 $48,504.00 7 YEARS $39,984.00 $38,833.60 $48,504.00 8 YEARS $41,274.00 $39,998.40 $49,248.00 9 YEARS $42,564.00 $41,308.80 $49,248.00 10 YEARS $43,853.00 $42,432.00 $50,028.00 11 YEARS $45,143.00 $43,742.40 $50,808.00 12 YEARS $46,433.00 $45,032.00 $51,576.00 13 YEARS $40,518.40 $47,723.00 $45,947.20 $52,332.00 14 YEARS $49,013.00 $46,862.40 $53,112.00 •15 YEARS 541,246.40 $52,315.00 $47,798.40 $53,880.00 16 YEARS $53,605.00 $48,755.20 $54,636.00 17 YEARS 542,224.00 549,753.60 $55,404.00 21 YEARS • 543,555.20 '` LEGEND . * = NO COMPARABLE WAGE WITHIN AGENCY "'* = NO DISTGUISHMENT BETWEEN STARTING WAGE AND COMPLETION OF FIRST YEAR NOTE: S1NCE THERE IS NO CURRENT STEP PLAN IN EFFECT FOR ABPD, AN OFFICER'S CURRENT YEARLYRATE OF PAY WAS USED IN ORDER TO CALCULATE FOR THE ABOVE CHART • Wage Comparison Starting Salary ABPD NBPD JBPD JSO $30,806 $31,005 $31,928 $33,840 Pav after 5 years of service $35,984 $37,404 $36,608 $41,232 Pay after 10 years of service $37,065 $43,853 $42,432 $50,028 Pav after IS years of service $41,246 $52,315 $47,798 $53,880 Pay after 20 years of service $43,555 $53,605 $49,753 $55,404 (21 yrs.) (16 yrs.) (17 Yrs,) (17 yrs) Note: No employee has yet reached maximum pay. Under the current system it would take approximately 25 years to achieve maximum pay. • ATTACHMENT #16 • 1 ARTICLE 26 2 3 WAGES 4 5 26.1 Employees covered by this Agreement on October 1, 2002, shall 6 have their pay adjusted by four percent (40} of the new 7 midpoint for their pay grade _~g~~-S-~~e-' : ; `-'~ ; 8 t13e--P~a?-ate-r--&~--Eas~~ea-t~e~}d-past-udy to be effective g ,2002. (See Attachment "A ") The salary 10 ranges for new employees are included within Attachment A. 11 12 Minimum Pay: In no case shall an employee's pay be set below 13 the minimum established for the grade of the employee. 14 15 Detective Pay. Employees assigned by the Chief of Police as 16 a Detective shall receive pay at a rate of ten percent (100} 17 above the employee's regular rate of pay. 18 19 Maximum pay. An employee's pay shall not exceed the maximum 20 established for their grade. 21 22 26.2 Except as provided herein, original appointment to the 23 classification of Police Officer will be made at the entrance 24 rate of pay. The City Manager may approve initial 25 compensation at a higher rate than the minimum rate. Such 26 decision shall not be subject to the grievance or arbitration 27 provisions of this Agreement. However, a new employee may 28 only be hired at a rate above the entrance rate of pay 29 established for the position if: 30 • 31 a.. The needs of the City make such hire action necessary and 32 all other employees within the same classification have 33 their base salaries adjusted to be at least equal to that 34 of the newly hired employee, or; 35 36 b. The new employee has job related training and/or 37 experience that clearly exceeds that of current 38 employees. Prior to City Manager approval of initial pay 39 under this provision, the City will notify the union, in 40 writing, of the proposed action and allow the union three 41 (3) workdays to provide comments. 42 43 26.3 The City shall assume the responsibility for certain pension 44 contributions for bargaining unit members. Beginning with 45 Fiscal Year 1996/1997 (October 1, 1996), the bargaining unit 46 members pension contribution rate shall be reduced from 47 4.815 to 2.3150 of salary. Beginning with Fiscal Year 48 1997/1998 (October 1, 1997), the bargaining unit members 49 pension contribution rate shall be reduced from 2.3150 to 50 1.0000 of salary. 51 41 26.4 Any .employee covered by this Agreement who is assigned by the Chief of Police to work in the Investigative Division as a detective shall receive pay at a rate ten (100} percent above the employee's regular hourly rate of pay. Such percentage shall not be added to the base pay but shall be in addition to the base pay and apply to all pay, overtime, compensatory time paid, etc. received by the officer. 26.5 Any Employee covered by this Agreement who is temporarily required by the Chief of Police or his designee to perform the duties of a Sergeant or Lieutenant shall receive pay at a rate five (50) percent above the employee's regular rate of . pay, provided that no other Sergeant or Lieutenant is on duty and that: a. The duties and responsibilities of the higher classification are assumed in full for a minimum of four (4) uninterrupted hours; and b. The assignment is not for the purpose of on-the-job training. If the two (2) conditions set forth are not fully satisfied, the employee will receive the rate of pay of his regularly assigned classification for each hour worked. in the Sergeant or Lieutenant position. 26.6 Promotion. Officers promoted to the rank of Sergeant shall receive a salary increase at the time the promotion becomes effective, to at least the minimum of their new pay range or an amount equal to the percentage difference between the current and new grade midpoints (not to exceed 120), whichever is greater. (a) Calculating a Promotional Increase. Since a promotional increase is granted to recognize the assumption of additional job duties and responsibilities, the size of the increase is calculated as a function of the size of the promotion, rather than as a percentage of current salary. The formula used to calculate the promotional increase is as follows: New Midpoint - Current Midpoint = Promotion Increase Amount (o*) Current Midpoint Or An increase to the minimum of the new pay grade, whichever is greater. * Not to exceed 12% unless required to bring the employee's salary to the minimum of the new pay grade. (b) Anniversary Date. A new anniversary date will be established as the effective date of promotion. 42 (c) Minimum Pay. In no case shall a promoted employee's salary be set below the base salary of the position to which they were promoted. 26.7 Any employee covered by this Agreement who is required by the Chief of Police or his designee to perform the duties of a Field Training Officer (FTO) shall receive pay at a rate of five (50) percent above the employee's regular rate of pay while the employee is actually performing the duties of an FTO. 26.8 Longevity Pay. Employees shall receive an additional twenty- . five dollars ($25.00} per month, for each five years served with the City as follows: Years of Service Monthly Starting Thru Payment 0 5 $ 0.00 6 10 $ 25.00 11 15 $ 50.00 16 20 $ 75.00 21 + $ 100.00 43 Article 29 City's Proposal: 1. Eliminate the promotional process altogether. (Attachment 17) FOP Proposal: 1. Establishes minimum score of 70% on written test to advance (Attachment 18) to Oral Board. 2. Establishes Oral Board to count 30%. 3. Establishes score credit of/2 point for every year of service ~. Establishes a formula for computing overall score. 5. Establishes procedure for establishing promotional list. 6. Retains Chief s discretion to promote any of the top three candidates. 7. Resolves issue of promotions when less than three candidates remain on promotional [ist. Current Contract Language (Attachment 19) Z~ • ARTICLE 29 Promotional Process 29.1 Whenever a promotional vacancy exits in the Sergeant classification, the City will fill the vacancy. 1. Tl.n '++ n+'n D ., ~ i 3~ `l ~ n +•1 +1. ,.,~^... _4'F:.,n !Cl sa~r-Ci31v cci- Cle~ rEQ~Cii-[- . vY a ~ _ ~. _„ ._ ----'-- .-, ~ ~ +1. ,~l~ . a, l =,;11 „rnnnna +n +i.n _nrnLBnn_r_il Fnr +i.n e 'Q- ~ _~ : ~- ~ - -- - r- ----- + 1• +1, +nn+ rl,.r ::,.. +l.;n +n n+:~rt_rinr_;n el._ b ' '- ~ ~ ~ • ~t 1 ~~ i ~ ° ~ -6 F '7n o~ ~~wi-=ccci [~zi-- - nr. f - & b .~ . +' 'I1 1. +n .r' ,nil hsr n ~ cvz c ~ _llrnl i2nnr~1 _n r. c;c+: r~a._~f-+l~.rna-L~ , `~i + ' ~ '° ~T ~ ' '~~'l~ i-U " i De' i [ i c ~.~ IIZC:lIfVCi-~I'Z1L'IIIG Tl.n Fl nf ~' ~ ~ ~ ~n 1Yt K i si n r+rrl m ml~nrn m n ~,_ ~n+_{ ~n _Fr ~ m rnl ~ ~ $`, ~~•~~~,~, L ~, ~~,,, ,, ~ i °~c + i ` ' " ~ D : , , ~ ,] ~ 1 ~ ~ .„ '~ eu~ -u$- -~~~$~ ~ 'ur icc u=rlYt -SL u c, r v ~Lri~in-tlYl'-rc c ~ ~ r ~ ~ • ~ YYCin i tY L ~ Ri p Cin Tl,n nrnl lZnnr.l .=,:11 n,.1....;+ +1.n ge~ ~CfYt~Ttr re'~. l '~' l L e n4' +l.n •nn +hron /21 nn+~r1`;`rl~n+nn e$. _+n_+hn-!''h:o4'~~£__Dnl:n rl +l~n !':f-~ ~ un u--suc ~..acj - Tl. 1' + ~l.nll r mn;.+ nn+;:,n Pnr n r~nr;na of *~:rn !71 ~,nnrn_4'rnm_+hn_~ln+e-nF-+ho n fr m +hn 1 ;n+ n f' n r~ln.,nnn . , l,n nrl +ho_u,_r:++n~_n_vn m;n n+;nh-~r~r_ Impasse -November 3, 2003 City Proposal -July 15, 2003 ~H. • • Impasse -November 3, 2003 City Proposal -July 15, 2003 ATTACHMENT #17 • C7 • ATTACHMENT #18 • ARTICLE 29 Promotional Process 29.1 Whenever a promotional vacancy exits in the Sergeant classification, the City will fill the vacancy from an eligibility list established for the purpose of filling the particular vacancy under the following conditions: a. .The City will announce promotional examinations at least forty five (45) days in advance of the written examination. The City will notice the areas from which the examination will cover and the sources from which the written examination was developed. The written examination shall be a test designed for the evaluation of candidates for promotion to the rank of sergeant and selected for use by the City at the discretion of the Chief of Police. b. The written examination will be ;„;~;,"~r provided to those individuals with a minimum of two (2) years experience with the City of Atlantic Beach Police Department . ~f-T~oLe-(~ ` r,a ; ; ,a' -,, ~- hL cx.~'" r ,., ~i~ r ~-'c~e-~~-~--'a o~p-r6 e-e~~-fie-` ~-~c~~~. '-Bi~cr's-~i ~ e'=cazz /'" L'1 ~. ~L C]~5~17 c`am' [ I [N -_-y Yl L L. y p -. r~ L. ^-i'~~e~-b -efvv~'r--a `ctiz-a-rz ~ e~T ' .1-,' ' ti yvLZ" -~ T3-e-3 ~'-i~~cr~, t-?~~-ivd~-z-~-'ccn-e~~-~c-'-e-ir=cvzT~-pcr~ f _ _ .~ e~~e~~-e~Ec---}c-r-~=-c~'^l-r3,~vC-c~t~r'~c^e~~..c~.r~r{-~. 6~-~1 `", ~ ;' ~~~r e 1~ e .C t ~ 0"~j~'~~'~TS"G~SZ~JT~1T'fJ7'e'L I ~~'z'C r ,., ~ _ ~ ~ ~ (~~ZC-~~6u--tt-L'am'--'t-Y' ` ~'v-re'vv~-p-r@'~e'S-~ az~-aP~~ ~ ,-~zz~ w-no ~. ~ +- _ r ~ui~r~r' ~ o..---c..~-=-T +n-=a ~~ 6u--=c'~i~-u-r~TVa~=rA~p e ~ ~ ^~~-~ u c. All individuals who pass the written examination with an overall score of 70% will be submitted to the Oral Board for consideration. d. Individuals attaining a minimum overall score of 700 on the written examination will be interviewed by an Oral Board consisting of three (3) members. The members of the Oral Board will be appointed at the discretion of the Chief of Police. The Oral Board members may not be from within the Atlantic Beach Police Department and must be active law enforcement officers from local agencies. ?he e~~~1 ~ e ~~-~-e~-a~-Pew-e~^ ~,a- i-e.^=~~e~-r _.. ., ~.,_,7 . =-c:~rxzc-~-...... ,~,7p'-szr~r~-s-e~e t e '~,a `~c-c ~'r?=. `. ~-3TCZr_-:tr._ ~crcE'. ~-~C'rcCt~ct-~'¢-~ ~e ^ r~rB~cc-irtt-c@ 48 I~--cr~rSO~~-o 6u-8 -c-~-PCb o-czT .c _ ,. r .- ~.-cG-a-:~E~-1-e-`'-6i-3--`c~'~c ~=rsc 6z ~ cirr~~c~'~? ~-~e ... _+- ~ -, ~ ~ ~ ., .J L.. , n .. -, ~ 1-, l 1 ~S-Lt~rrrr-~~ cc-rr~~2-~?.~~~e a-~ , ~2~E-n-r-~~ -~vu- ~zzu rr Y~vcnrn 'a -• ~.7 ; ~- 3 6=r~e-S ~-i~6~-`tF~,2,'e~i-sC 6 ~---eR~~~O'~°6 e. A promotional list will be extracted from four sources; written score, oral review board score, seniority points, and Veteran's Preference points, if applicable. f. The following formula will be used to calculate the candidates position on the promotional list. (1) Written Test will count 700 of score (2) Oral•Review Board will count 300 of score (3) Senority points equal to 1/ point per year of continous service will be added after both written and Oral scores are combined to establish the candidates ranking on the list. (4) Veteran's Preference points will be added, if applicable. ~ . ~i~-ct=~~-rT.': ~J~~-e-i,-^ cT ~y,~-Yzc~ ~ez~-`acc-~r`"yrri~z~-/~'c--~tcri~:c-?-iTC6 e~J~~`...~P?-~ -TTLT.~~"c~'L~'~ .9Y7,'~~~~ B~~.l~~~YY'l".. .~~lr ___~, ~~~„J f. .Once the promotional list is certified by the Director of Human Resources, it will remain in effect for two years or until the list is exhausted. g. The Chief of•Police and The City Manager may promote any of the top three candidates. h. Should less than three candidates qualify for placement on the promotional list or less than three . candidates remain on a certified list, promotional selection will be made from those who qualified or remain. 49 Article 33 & 34 City's Proposal: 1. Recommends effective date of November 3 2003 FOP Proposal: 2. Recommends three year agreement with effective date of October 1, 2003 (Attachment 20) 3: ATTACHMENT #19 • ARTICLE 33 ENTIRE AGREEMENT 33.1 The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of 'that right and opportunity are set forth in this Agreement. Therefore, the Public Employer and the FOP for the duration of this Agreement each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargaining collectively with respect to any subject or matter not specifically referred to or covered in this Agreement even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the same time they negotiated or signed this Agreement. 33.2 The parties agree that this Agreement only applies to active employees and members of the bargaining unit on the date of approval and for the life of this Agreement All e 3~'E''e•~t-~~o~~ ~j-e~C~-rc-=-r'~cr-~oT rr"c, iu~a~e-3~'3'e•~cu"u-c~ei-~.ziuizy.:.'a ~z-rC e-t-~'e-~r'c3o~6~E3 E`e~-1£et-~'~o~ changes, including wage increases, shall take effect on the date that this Agreement is approved. Contract approved by City Commission on the 3~~ day of ~~ ~J Impasse - November 3, 2003 City Proposal -July 15, 2003 ATTACHMENT #20 • C ARTICLE 34 DURATION OF AGREEMENT This agreement shall commence and become effective on the ~ day of Qeze~~~~~~z 2003, and shall continue in full force and effect until midnight on the Thirtieth day of September 2003- or until a successor agreement is ratified. ~e-F~P~~re-~i t ~--a --~ ~ - ~~ a ~ ~ ~ 't-i^ ~-a-1-~i 1-i~ ~ ~e e e ~te ~ - ~ ~en~~ en-e= tZ ,-, n -, ~ .., ,., do ' ~~~e~e i -c r a 8 -P• -S~ ~ 1 -~ ~ ~Y ~ . z c r ~ t~ , ~z-g~3~f e-vu_ -~ r~-~ r6 .rr ~3e , ee~e~ t-e~€-~-~ob~.-t-den-~~est . If either party desires to negotiate a successor agreement, it may do so by giving the other party written notice to that effect no later than June 13t, 2003- FOR THE CITY Jim Hanson City Manager FOR THE FOP Gary Evans Date Staff Representative Date George Foster Date Chief Negotiator Impasse -November 3, 2003 , City Proposal - Change 1 -July 31, 2003 - in Bold Italics City Proposal -July 15, 2003