Bargaining Minutes.020613City of Atlantic Beach and Coastal Florida Police Benevolent Association
Minutes of Bargaining Meeting
February 6, 2013
L Attendance — see below
IL Management Proposals - Attached
III. Union Proposals — Attached
IV. Other Material Exchanged — None
City: John Dickinson, Chief Negotiator (Constangy, Brooks & Smith)
Jim Hanson, City Manager
Susan Danhauser, Human Resources Director
Union: Vince Champion, President
Mike Scudiero — PBA
Pamela Stern - Counsel
David Cameron — City of Atlantic Beach Police Department
Chase Jamison — City of Atlantic Beach Police Department
Atlantic Beach PBA Proposal February 6, 2013
AGREEMENT
between
COASTAL FLORIDA POLICE BENEVOLENT
ASSOCIATION
AND
THE CITY OF ATLANTIC BEACH
October 1, 2. 04:11, 2012 through September 30,241, 1 2 201 5
Atlantic Beach PBA Proposal February 6, 2013
TABLE OF CONTENTS
Article No. Title Page
COVERPAGE ........................................................................................... ..............................1
TABLEOF CONTENTS ........................................................................... ..............................2
0
AGREEMENT........................................................................... ............................... .4
Article1
RECOGNITION .............................................................................. ..............................5
Article 2
PAYROLL DEDUCTION AND DUES .......................................... ..............................6
Article 3
NO STRIKE PROVISION ............................................................. ...............................
7
Article 4
EMPLOYMENT GUIDELINES ................................................... ...............................
8
Article 5
MANAGEMENT RIGHTS ............................................................ ...............................
9
Article 6
SPECIAL MEETINGS /ASSOCIATION TIME POOL .................. .............................11
Article 7
PROBATIONARY EMPLOYEES AND SENIORITY ............... ...............................
12
Article 8
RULES AND REGULATIONS .................................................. ...............................
14
Article 9
DISCHARGE AND DISCIPLINE .................................................. .............................15
Article 10
GRIEVANCE PROCEDURE ................................................... ...............................
18
Article 11
ARBITRATION PROCEDURE ............................................... ...............................
21
Article 12
HOLIDAYS .............................................................................. ...............................
22
Article 13
PERSONAL LEAVE HOURS .................................................... ...............................
24
Article 14
LEAVES OF ABSENCE WITHOUT PAY ................................ ...............................
27
Article 15
MILITARY LEAVE ...................................................................... .............................28
Article 16
BEREAVEMENT LEAVE ....................................................... ...............................
29
Article 17
HOURS OF WORK AND OVERTIME ................................... ...............................
30
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Atlantic Beach PBA Proposal February 6, 2013
Article 18
INJURY IN THE LINE OF DUTY ................................................. .............................32
Article 19
TUITION AIDE ............................................................................. .............................34
Article20
INSURANCE .................................................................................. .............................36
Article 21
SAFETY AND HEALTH .............................................................. ...............................
37
Article 22
BULLETIN BOARDS .................................................................. ...............................
38
Article23
UNIFORMS .................................................................................. ...............................
39
Article24
MILEAGE ........................................................................................ .............................41
Article 25
LEGAL SERVICES ...................................................................... ...............................
42
Article26
WAGES ......................................................................................... ...............................
43
Article 27
ALCOHOL AND DRUG TESTING ........................................... ...............................
47
Article 28
ANTI - DISCRIMINATION .......................................................... ...............................
48
,46 ll.e..29
p.lm"0�M0 41()N.A1' ilk.1 ckss ........................................................... ............................47.
Article .7.7y...29 AMENDMENTS ...................................................................... ...............................
49
Article .7..i..
30 SAVINGS CLAUSE ................................................................. ...............................
50
Article .72
3 i. SEVERABILITY ...................................................................... ...............................
51
Article .7.7.
32 ENTIRE AGREEMENT ........................................................... ...............................
52
Article 7433
DURATION OF AGREEMENT .................................................. .............................53
ATCH A
PAY AGREEMENT ...................................................................... ...............................
54
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Y'1A'.P ""b�l.�,.,NP,4 r �)f 4.11 .1Wp ll "`. ll.`�,.. Y P,41"�'J 111RI ".", b ................................ ...............................
55
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Atlantic Beach PBA Proposal February 6, 2013
AGREEMENT
This Agreement is entered into this �k" day of POweafy-24"
between the City of Atlantic Beach, hereinafter referred to as the Public Employer, or
City, and the Coastal Florida Police Benevolent Association, Inc., hereinafter referred
to as the Association. It is the intent and purpose of this Agreement to assure sound and
mutually beneficial working relationships between the parties hereto, to provide an
orderly and peaceful means of resolving misunderstandings or differences which may
arise and to set forth basic and full agreement between the parties concerning wages,
hours and other conditions of employment enumerated herein. There shall be no
individual arrangements or agreements covering any part or all of this Agreement
contrary to the terms provided herein without coordination with and approval by the
above parties, if appropriate. It is mutually understood and declared to be the public
policy of the Public Employer and the Association to promote harmonious and
cooperative relationships between the Public Employer and the Association and to
protect the public by assuring, at all times, the orderly and uninterrupted operations and
functions or government.
Whenever a male pronoun is used in this Agreement it shall be construed to include
reference to both sexes.
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 1
RECOGNITION
1.1 Pursuant to and in accordance with all applicable provisions of Part II of Chapter 447,
Florida Statutes, the Public Employer recognizes the Association as the exclusive
collective bargaining representative for those employees in the unit certified by the
Florida Public Employees Relations Commission (PERC) per Unit Certificate 1665 in
the Atlantic Beach Police Department for the purpose of bargaining collectively in the
determination of the wages, hours and terms and conditions of employment of those
public employees within the bargaining unit.
1.2 It is further understood and agreed that the Association Staff Representative of record
(who is the certified bargaining agent as per F.S. 447.301 (2) will be the official
spokesman. In matters other than collective bargaining (i.e., the resolution of
grievances, etc.) or in the absence of the Staff Representative, the Unit Representative
or the alternate of the Atlantic Beach Police Department, will be the official spokesman
for the Association in any matter between the Association and the Public Employer,
only, however, on the matters which the Association has authority regarding its
membership. The Association shall designate in writing the name of the Unit
Representative and alternate.
1.3 The Association agrees to provide the City with the names of the officers for the
Association and will specify the name of the alternate spokesman. The Association will
also notify the City of any changes in Association negotiations team as soon as
possible.
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 2
PAYROLL DEDUCTIONS AND DUES
2.1 Upon receipt of a written authorization from an employee covered by this Agreement,
the Public Employer will deduct from the employee's pay the amount owed to the
Association by such employee for dues. It is understood that this provision will provide
for deductions equal to the number of pay periods per year. The Public Employer will
submit to the Association the deducted sums within fifteen (15) calendar days of the
normal payday. Changes in the Association membership dues and rates will be certified
to the Public Employer in writing over the signature of the President of the Association
and shall be done at least thirty (30) calendar days in advance of the effective date of
such change. The City may notify Association members of any increase in dues in
advance of such increase being deducted by the Employer. The Public employer's
remittance will be deemed correct if the Association does not give written notice to the
Public Employer within seven (7) calendar days after remittance is received of its belief
and reasons stated therefore that the remittance is incorrect.
2.2 The Association will indemnify, defend and hold the Public Employer harmless against
any claim made, and against any suit instituted, against the Public Employer as the
result of any check -off of Association dues.
2.3 An employee may revoke his authorization for deduction of dues provided the
employee gives thirty (30) calendar days written notice to the Public Employer. Upon
receipt of such notification, the Public Employer shall forward a copy to the
Association and terminate dues on the pay date immediately following the expiration of
the thirty (30) calendar days notice period.
2.4 No deduction shall be made from the pay of an employee for any payroll period in
which the employee's net earnings for that payroll period are less than the amount of
dues to be checked off. Net earnings shall mean net after required deductions.
2.5 If there is an amount deducted in excess of what is authorized by this Agreement, the
employee affected shall seek recourse with the Association and not the City, provided
that the excess amount deducted was in fact remitted to the Association in the form of
union dues.
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 3
NO STRIKE PROVISION
3.1 The Association and bargaining unit members shall have no right to instigate, support,
promote, sponsor, engage in, or condone, in any manner, any work stoppage, boycott,
slow -down, strike, intentional disruption of City operations, or to withhold services for
any reason. Management shall have the right to discharge or otherwise discipline any or
all employees who violate the provisions of this paragraph. The only question that may
be raised in any proceeding, grievance, judicial or otherwise, contesting such action is
whether this provision was violated by the employee to be discharged or otherwise
disciplined.
Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 4
EMPLOYMENT GUIDELINES
4.1 A. The Association, its representatives, members or any persons acting on their behalf
agree that the following "unlawful acts" as defined in Chapter 447, Florida
Statutes are prohibited;
1) Solicitation of public employees during working hours of any employee who
is involved in the solicitation; or
2) Distributing literature during working hours in areas where the work of the
public employees is performed such as offices, warehouses, schools, police
stations, fire stations and any similar public installations.
B. The circuit courts of the state shall have jurisdiction to enforce the provisions of
this section by injunction and contempt proceedings if necessary. A public
employee who is convicted of a violation of any provision of this section may be
discharged or otherwise disciplined by the Public Employer notwithstanding
further provisions of this or any other agreement.
4.2 The Public Employer and Association agree that the basic intent of this Agreement is to
provide a fair day's work in return for a fair day's pay and to provide conditions of
employment suitable to maintain a competent work force. The Public Employer and
Association affirm the joint opposition to any discriminatory practices in connection
with employment, promotion, training or assignment; remembering that the public
interest requires full utilization of employees' skills and ability without regard to race,
color, age, creed, religion, national origin, union affiliation or non -union affiliation,
handicap, sex, or marital status. A_n.y_gajujnpll�J ni_otu s_a_ne ��� n�_ a nu_�u _��_u crii ,nuwrnaflowl�n_or
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 5
MANAGEMENT RIGHTS
5.1 Except as expressly provided for in this Agreement, the Public Employer retains the
sole and exclusive right to manage its operations and direct the work of the bargaining
unit employee, including the rights to decide the number and location of work stations,
the operation of motorized equipment, the scope of service to be performed, the
methods of service, the schedule of work time; to contract and subcontract existing and
future work; to determine whether and to what extent the work required in its operation
shall be performed by employees covered by this Agreement; to maintain order and
efficiency in its work stations and locations; to curtail or discontinue temporarily or
permanently, in whole or in part, operation whenever in the opinion of the Public
Employer good business judgment makes such curtailment or discontinuance advisable;
to hire, lay -off, assign, transfer, promote, demote, and determine the qualifications of
employees; to create new job classifications and to create and amend job descriptions;
to determine the starting and quitting time and the number of hours to be worked; to
require an employee to take a physical or mental examination, given by a health service,
or a physician or psychiatrist selected by the Public Employer; to assign overtime work;
to discipline, suspend, and /or discharge employees for just cause; and to have complete
authority to exercise those rights and powers incidental thereto, including the right to
make unilateral change, subject only to such regulations governing the exercise of these
rights as are expressly and specifically provided in this Agreement.
5.2 The above rights of the Public Employer are not all inclusive but indicate the type of
matters or rights that belong to and are inherent to the Public Employer in its capacity
as manager of the Police Department of the City. Any of the rights, powers, and
authority the Employer had prior to entering into this collective bargaining agreement
are retained by the Employer, except as expressly and specifically abridged, delegated,
granted or modified by this Agreement.
5.3 Any and all aspects of wages, hours, and working condition, which are not specifically
covered by this Agreement, may be initiated, instituted, continued or discontinued
without notification of or consultation with the Association. The Public Employer is
not required to continue those voluntary aspects of wages, hours, and working
conditions not included in this Agreement, but which were in effect prior to entering
into this Agreement or instituted thereafter, nor shall the employees have any binding
right to such matters.
5.4 It is agreed that every incidental duty connected with operations enumerated in job
descriptions is not always comprehensive and employees, at the discretion of the City,
may be required to perform duties not within their specific job descriptions as long as
they are related to Police Department operations and have the approval of the Chief of
Police or their designee.
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Atlantic Beach PBA Proposal February 6, 2013
5.5 Whenever it is determined that civil emergency conditions exist, including riots, civil
disorder, hurricane conditions, or similar catastrophes, the provisions of this Agreement
may be suspended by the Mayor, City Manager and /or Chief of Police during the time
of the declared emergency provided that wage rates and monetary fringe benefits shall
not be suspended.
5.6 The Public Employer's failure to exercise any function or right hereby reserved to it, or
its exercising any function or right in a particular way, shall not be deemed a waiver of
this right to exercise such function or right, nor preclude the Public Employer from
exercising the same in some other way, provided such do not conflict with the express
provisions of this Agreement.
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 6
SPECIAL MEETINGS AND ASSOCIATION TIME POOL
Special Meetings:
6.1 The Public employer and the duly appointed representative(s) of the Association agree
to meet and confer on matters of interest upon the written request of either party.
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
Association 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 Association.
Association Time Pool:
6.4 The City and Union agree to establish policies and procedures for Union Pool Time.
6.5 The Chief of Police or his designee shall have the discretion to grant or deny use of
pool time if in his opinion the use of such time shall decrease or limit the conducting of
the department's business. The use of Association Time Pool time is subject to written
approval by the Association Chairman or his /her designee and the Chief of Police or
his designee. The request of and the use of the Association Time Pool shall be made in
accordance with policies and procedures established in Article 6.4 in the same manner
as requesting Personal Leave as outlined in Article 13.
6.6 Association Time Pool hours not expended during the previous year will be
compounded onto the new bank of hours beginning October 1st of each year, provided
the maximum accumulation of 216 hours is not exceeded.
6.7 When negotiations are scheduled while the Association Chairman or his /her designee
are working, the Association Chairman or his /her designee may be granted time to
attend using Pool Time. Written request for Pool Time will be made as soon as
possible but no later than 72 hours after the scheduling of the negotiation meeting.
Attendance at Association contract negotiations using Pool Time is with the permission
of the Chief of Police or his designee.
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 7
PROBATIONARY EMPLOYEES AND SENIORITY
7.1 All employees shall be classified as probationary employees for the first twelve (12)
months of continuous uninterrupted employment, during which time such employees
may be laid off, disciplined or discharged with or without cause and without recourse to
the grievance procedure but will be afforded all the protection as listed under F.S.S.
112. The City Manager and /or the Chief of Police have the discretion to extend the
probationary period with cause. Provisions as to seniority shall not apply to
probationary employees; rather, seniority shall date back to the time of hire after an
employee has successfully completed his probationary period. If more than one
employee is hired on the same day, seniority shall be determined by the day (1 -3 1) of
birth, with the employee with the lowest numerical day of birth having the most
seniority. The employee with the longest date of position is most senior.
7.2 Seniority:
Seniority as used herein, is defined as unbroken, continuous service with the Atlantic
Beach Police Department as a full -time, sworn law enforcement officer. Authorized
paid approved leave shall not reduce the officer's seniority and seniority shall compute
from the date hired as a full -time, sworn law enforcement officer in accordance with
applicable State and Federal Laws. Any unpaid leave shall be in accordance with
applicable state and federal laws, i.e. Military Leave or FMLA.
7.3 Classification Seniority:
Classification Seniority shall begin with the most recent service in the employee's
classification, (e.g. Officer, Detective or Sergeant). Employees shall not attain seniority
until the completion of the probationary period in their classification (probation is
defined in Article 7.1 of this Agreement). Seniority shall relate to the most recent date
of promotion in that classification.
Employees that are returned to a lower grade position shall retain their seniority as if
they had been serving continuously within the lower grade position.
7.4 Seniority shall benefit each classification as follows:
a. Layoffs. Shall the need to layoff members of the Bargaining Unit exist, the City
should use the documented performance records of the individual(s), seniority and
the overall record before the layoff begins.
b. Position Elimination. If a sergeant's or detective's position is eliminated or
abolished, the sergeant or detective will return to the position previously
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Atlantic Beach PBA Proposal February 6, 2013
held, if a vacancy exists, without losing seniority in the classification to which
he /she is returned. If there is no vacancy within the previously held position, the
sergeant or detective shall be returned to the next lower position and be given
priority consideration whenever a vacancy within the higher position previously
held occurs.
7.5 Seniority shall be lost for the following reasons:
a. Voluntary resignation
b. Retirement
C. Termination
d. Failing to return to work from authorized leave of absence
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 8
RULES AND REGULATIONS
8.1 Any general order issued after the effective date of this Agreement shall remain in full
force and effect, if not in conflict with any Article or Section in this Agreement. All
other general orders shall remain in full force and effect and the Employer retains the
right to issue other general orders in its sole discretion as long as they comply with
State and Federal Laws.
8.2 The City shall have the right to establish, maintain and enforce, or rescind, amend or
change, reasonable rules and regulations and standard operational procedures as long as
they comply with State and Federal Laws.
8.3 Any employee violating a rule or regulations or standard operational procedure may be
subject to disciplinary action, including dismissal.
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 9
DISCHARGE AND DISCIPLINE
9.1 The Employer has the right to discharge, suspend or otherwise discipline employees for
just cause. The Employer shall consider, among other things, the seriousness and
frequency of offenses when determining the appropriate discipline, which may include
a warning, suspension or immediate discharge. Employees are not entitled to a
particular number of warnings prior to the imposition of discipline, including
discharge.
9.2 The following acts shall be grounds for discipline up to and including discharge.
a. Falsifying statements or records;
b. Stealing;
c. Drinking or possessing alcoholic beverages while on duty, unless authorized by the
Chief of Police;
d. Possessing, using or selling a controlled substance, including but not limited to,
narcotics, marijuana, or barbiturates, other than that prescribed by a physician of
the employee unless authorized by the Chief of Police;
e. Being under the influence of a controlled substance other than that prescribed by a
physician for the employee, or being under the influence of an alcoholic beverage
which would also be a violation of Article 9.2j;
f. Recklessness or negligence while on duty;
g. Violation of the no strike provision of this Agreement;
h. Violation of a published work rule or regulation or standard operational procedure;
Failure to immediately report vehicle accidents involving damage to any
City property;
j. Conduct that could bring discredit to the Employer;
k. Having committed and /or convicted for felony, driving while under the influence of
alcohol, or narcotic substances, crime involving moral turpitude, or a misdemeanor
involving perjury or a false statement, or a misdemeanor evidencing bad moral
character;
1. Leaving the working area during working hours without authorization;
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Atlantic Beach PBA Proposal February 6, 2013
m. Sleeping while on duty;
n. Fighting, wrestling, horseplay, or any other act which might interfere with the safe or
efficient operation of the Employer;
o. Unauthorized absence;
p. Unauthorized tardiness;
q. Repeated failure to achieve a satisfactory evaluation of work performance; r.
Refusal to cooperate during an investigation; s. Insubordination;
t. Conduct unbecoming a city employee; or
u. Refusal to obey the lawful commands of a superior officer, City Manager, or their
designee.
The foregoing enumeration of grounds for discipline are by way of illustration and shall
not be deemed to exclude management's right to discipline, or discharge, employees for
any other cause.
9.3 Failure to discipline an employee for violation of these rules, regulations, and /or standard
operational procedures shall not affect the right of the City to discipline the same or other
employees for the same or other violations of the same rules, regulations, and /or standard
operational procedures.
9.4 The City may use progressive discipline keeping in mind the officer's previous records
and the ability to use training as a means to correct the situation. Except for serious
violations, supervisors and department heads are encouraged to utilize progressive
discipline. Progressive discipline is an approach in which a sequence of penalties is
administered, each one slightly more severe than the previous one. The goal is to build a
discipline program that progresses from less severe to more severe in terms of
punishment for similar or like offenses. Steps within a progressive discipline system that
should be considered are:
a. Counseling. Does employee understand rules, policies, etc., and what is expected of
them? Such action may or may not be documented in writing; however, the
supervisor should maintain a record (date /time /subject) of counseling. This action
does not constitute official disciplinary action and is considered as an
administrative action.
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Atlantic Beach PBA Proposal February 6, 2013
b. Written Warning. Places employee on notice that further acts will result in more
severe disciplinary action. Such action must be documented in writing by use of an
official Employee Counseling Form and may, or may not, be placed in employee's
official personnel records. This action does not constitute official disciplinary
action and is considered as an administrative action.
c. Official Reprimand. Written action that is placed within employee's official
personnel records. Such action should be documented, in writing, by use of official
Employee Counseling Form.
d. Suspension. Normally, the final step in the disciplinary process prior to termination.
Such action must be fully documented and should be coordinated with the Human
Resource Manager prior to implementation.
e. Demotion. Depending on circumstances, it may be appropriate over removal. Such
action must be fully documented and should be coordinated with the Human
Resource Manager prior to implementation.
f. Removal (same as termination). The most severe disciplinary action. Such action
must be fully documented and should be coordinated with the Human Resource
Manager prior to implementation.
9.5 Florida State Statute 112.532, (the Law Enforcement Officers' Bill of Rights as amended
from time to time) shall apply whenever a law enforcement officer is under investigation
and subject to interrogation by members of his /her agency for any reason which could
lead to disciplinary action, demotion or dismissal. Florida State Statute 112.533 shall be
complied with for the receipt and processing of complaints received.
9.6 Employees shall be notified at the earliest practicable time following the request by a
private citizen to review the personnel file of the employee.
9.7 Files maintained by the Internal Investigation Division will be purged by applicable State
and Federal Laws.
9.8 The City will comply with Section 119.07 of the Florida Statutes and will not release
information of members of the Bargaining Unit unless allowed by law. It shall be the
right of any officer, at any reasonable time to inspect and request a copy of his /her
personnel records and completed internal affairs files.
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 10
GRIEVANCE PROCEDURE
10.1 In a mutual effort to provide harmonious working relations between the parties to this
Agreement, it is agreed to and understood by both parties that there shall be a procedure
for the resolution of grievances between the parties arising from an alleged violation of
specific terms of the Agreement as provided in this Article.
10.2 For the purpose of this Agreement, a grievance is defined as a disagreement between
the Public Employer, Association and one or more of its employees concerning the
interpretation, application, or compliance with this Agreement, including disagreements
regarding discipline.
10.3 Grievances may be taken up during the working time of the grievant upon the mutual
agreement between the Public Employer and the Association. Affected personnel of the
Department will follow the steps as numerically outlined where they are
organizationally feasible. In issues dealing with discipline, the City and Association
agree that due to the organizational structure of the Police Department, subordinate
supervisors are not authorized to circumvent decisions of a higher ranking supervisor or
the Chief of Police. Therefore, a grievant may file the first step of the grievance with
the supervisor who is alleged to have breached this Agreement. If the grievant is
grieving a discipline issue, the grievance shall be filed with the supervisor who directed
the discipline.
10.4 All grievances proceeding to Step II must be reduced to writing and must contain the
following information:
a. The specific Article and Section of this Agreement alleged to have been violated by
the Public Employer;
b. A full statement of the grievance, giving a description of the facts and dates and
times of the events involved in the alleged violation, and the specific remedy
desired by the grievant;
c. Signature of grievant, or Staff Rep. if grievance is being submitted by the
Association , and date signed; and,
d. Designation letter signed by the grievant, if applicable, designating any
representative appointed to represent them during the grievance process.
Failure of the grievant to comply with this section shall make the grievance null and
void.
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Atlantic Beach PBA Proposal February 6, 2013
10.5 All grievances shall be processed in accordance with the following procedure:
Step 1 - The grievant shall orally, or in writing, present his grievance to his
immediate supervisor within ten (10) working days of receipt of an official
written notice or of the occurrence of the action giving rise to the grievance,
provided that should the action giving rise to the grievance occur while the
employee is on authorized paid leave of absence or is on his scheduled day(s) off
the grievant shall have ten (10) working days from returning to duty to orally, or
in writing present his grievance. Discussions will be informal for the purpose of
settling differences in the simplest and most effective manner. The immediate
supervisor will discuss and make an effort to resolve all legitimate grievances
with fairness and justice for both the grievant and the Public Employer. The
immediate supervisor shall orally communicate a decision to the grievant within
ten (10) working days from the date the grievance was presented to him.
Step 2 - If the grievance is not settled at the first step, the grievant and /or his
designated representative shall within ten (10) working days of the response
under step 1 present the grievance in written form (in compliance with Article
10.4) to the Chief of Police with a copy to the City Manager. The Chief of Police
or his designee, shall investigate the alleged grievance and shall within ten (10)
working days of receipt of the written grievance conduct a meeting with the
grievant, his representative (as appropriate), and the Association if the grievant
requests Association representation. The Chief of Police or his designee shall
notify the grievant, in writing, of his decision no later than ten (10) working days
following the meeting.
Note: If the Step 1 Grievance was submitted to the Chief of Police and a Step 1
meeting with the grievant has been held, another meeting at Step 2 is optional and
at the discretion of the Chief of Police.
Step 3 - If the grievance is not settled at the second step, the grievant and /or his
representative shall within ten (10) working days from the date of the Chief of
Police's decision present the written grievance to the City Manager or his
designee. The City Manager, or his designee, shall investigate the alleged
grievance and may within ten (10) working days of receipt of the written
grievance conduct a meeting with Public Employer representatives, the grievant
and the Association if the grievant requests Association representation. The City
Manager or his designee shall notify the grievant in writing of his decision not
later than ten (10) working days after the date the grievance was received by the
City Manager, or from the date of the meeting, if conducted.
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Atlantic Beach PBA Proposal February 6, 2013
Step 4 — If a grievance, as defined in this Article, has not been satisfactorily
resolved within the Grievance Procedure, the Association Staff Representative of
record may request arbitration in writing to the Office of the City Manager no
later than ten (10) working days after the response is received in Step 3 of the
grievance procedure.
10.6 It is the mutual desire of the Employer and the Association that grievances shall be
adjusted as quickly as possible and to that end the time limits set forth in this Article are
to be strictly enforced. The time limits may only be extended by mutual written
agreement.
The term "work days" as used in this Article include days that the City Hall is open for
business (excluding authorized absences of either party). For the purpose of calculating
time limits, the day on which a grievance, or a reply by management to a grievance, is
received, shall not be counted. Failure of management to observe the time limits for any
step in the Grievance Procedure without a mutually agreed written extension of time
shall entitle the grievant (or the Association in the case of Step 4) to proceed to the next
Step of the Grievance Procedure as outlined in this Article. Failure of the Association to
observe the time limits for any step in the Grievance Procedure without a mutually
agreed written extension of time shall terminate the grievance.
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 11
ARBITRATION PROCEDURE
11.1 Whenever the Association requests arbitration in accordance with the provisions of
Article 10, the parties shall within ten (10) working days following appeal to arbitration
jointly request the Federal Mediation and Conciliation Service to submit a panel of
seven (7) arbitrators, each of whom shall be a member of the National Academy of
Arbitrators. Arbitrators shall be selected from such panel by alternately striking names
from this list (the Association shall make the first strike) until only one name remains
on the list.
11.2 The limitations of the powers of the Arbitrator are as follows:
a. The Arbitrator shall not have the power to add to, subtract from, or alter the terms
of this Agreement;
b. The Arbitrator shall have no power to establish wage scales, rates for new jobs, or
to change any wage;
c. The Arbitrator shall have only the power to rule on matters arising under this
Agreement and is confined exclusively to the question(s) which is presented to him
which question(s) must be actual and existing;
d. If the subject of the grievance submitted to arbitration concerns disciplinary
measures (including discharge) taken against one or more employees, the
Arbitrator is only empowered to pass upon whether the employee or employees
concerned actually committed, participated in, or were responsible for the act of
misconduct. The Arbitrator has no authority to pass upon the nature, extent, or
severity of the disciplinary measure(s) taken, such determination being solely a
managerial prerogative. If the Arbitrator finds that the employee has not
committed, participated in, or was not responsible for, the act of misconduct for
which he has discipline, the Arbitrator has the power to make the employee or
employees whole, including ordering back pay (less compensation received from
any other sources) for time lost, and reinstatement when applicable.
11.3 There shall be no appeal from the Arbitrator's decision; it shall be final and binding on
the Association and on all bargaining unit employees and on the Public Employer,
provided the Arbitrator's decision is not outside or beyond the scope of the Arbitrator's
jurisdiction, or is not in violation of public policy. The authority and responsibility of
the Public Employer, as provided by Florida Law, shall not be usurped in any matter.
11.4 The Arbitrator will charge the cost of his services to the losing party of each grievance.
Each side will pay its own representative and witnesses. The cost of a court reporter
and the transcription fee shall be paid by the party requesting the court reporter and /or a
transcription of the proceedings.
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Atlantic Beach PBA Proposal February 6, 2013
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
Veterans Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Christmas Day
Any day that the City Commission may designate
NOTES:
January ls`
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
1st Monday in September
November 11th
4th Thursday in November
Friday after Thanksgiving
December 24th
December 25th
For union members that work shifts, Holidays shall be observed on the actual date that they
occur.
For union members that work a Monday through Friday workweek:
Whenever Christmas falls on a Saturday, Christmas shall be observed on the preceding
Friday with Christmas Eve observed on the preceding Thursday.
Whenever Christmas falls on a Sunday, Christmas shall be observed on a Monday with
Christmas Eve observed on the preceding Friday.
Whenever Christmas falls a Monday, Christmas shall be observed on Monday with
Christmas Eve observed on the preceding Friday.
12.2 Not Scheduled to Work a Holiday:
Employees who are not scheduled to work on the observed holiday shall receive at the
discretion of the Public Employee either eight (8) hours pay at the employee's regular
straight time hourly rate of pay or eight (8) hours of compensatory time, at the straight
time rate.
12.3 Scheduled to Work a Holiday:
Worked the Holiday. Employees who ,e_,yrork,___,- h1i__'larrs,_on w,oAs Off the holiday
shall receive Holiday pay equal to their scheduled shift (8, 10, 12, etc. hours), plus be
paid the employee's regular hourly rate of pay, or provided compensatory time, hour-
22
Atlantic Beach PBA Proposal February 6, 2013
for -hour, for each hour worked during tllw
�n��������y_ i.. ���"✓_ �uVV_ tn���_ �am�u�, �V_ V�_ �_ ��: �n���n _�_u���n�_�.�,�n��unr���p.�. _ ___ _________ __ _ _.
Did Not Work the Holiday, i.e., approved to take the Holiday off.
Employees shall receive Holiday pay equal to their scheduled shift (8, 10, 12, etc.
hours) and shall not be required to take Personal Leave or receive any additional
compensation for the Holiday.
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 holiday 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 or compensatory time for the
holiday and shall be subject to appropriate disciplinary action.
12.6 Employees who are on an unpaid leave of absence or layoff on their last scheduled
workday proceeding the day on which such holiday is observed shall not receive pay or
compensatory time for the holiday.
�2 Pof� ...ptiflgoses t :4 4.1:iis Aiiiiele; e,lq.1 :1ollidavys shall e0ffiffiell ee at �2 ). e. f. 011 flie...hollide'vy
...7, 81 1 -1-7, The accrual and payout of compensatory time under this Section shall be governed
by the provisions of Article 17.
23
Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 13
PERSONAL LEAVE HOURS
13.1 The "Personal Leave Hours" concept is advancement from the traditional vacation and
sick leave system.
a. When a Personal Leave Hour is used for illness or other emergencies, employees
are required to notify the on -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 iioerr rev ( °%) 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 13.1d. Vhefva el°, employees yes Must etiiii�e the Pef °soaael
Leave oll tll�wya '6411 fluto fltieflfl�vy ive i�ve payment iofstielli .. leave in aea. °oiAana.e
b. Minimum units charged against Personal Leave under sections 13.1a shall be in
increments of fifteen (15) minutes or more.
C. For Personal Leave hours used for illness, the City always retains the right to
require medical documentation of the illness.
When hired, each employee fflay seieQaR e pepioilfll..p.eflee liffi p nn , lleaee ....easlli III
a nd /Oa° leave.
a 4l will be assigned a leave limit of 440 68- 0- -hours and eaash -in dates
in lye °embel: of, eaa °lla yeaf, enan)llO.Yees ...NA -iill llaaaae the
24
Atlantic Beach PBA Proposal February 6, 2013
Leave limits: kaeh ffift . selee t ft PC 'H011 al I ew� a I i n) i t o 1, � 20 4 0;
4,'0;..t 00; and �,'40 ol° W)O liotws that NA'411 best kt the employee's
needs Onee seleeted; of° assigned; eniployees niay eliange flieii° Pef�sojial Leave
linli t ill o1 eaeli 4'wve" that do ilot ehfliltte 41e4 linli t sliall f etaiil
41e4 p eeiously Employees must utilize their
Personal Leave Hours
aeetinitiWed r that exceed flie4 680
---------- - -- L -------------------------------------h---------i--r--s -- ----, - -o-f --- ---1----1--, --
5 - 9 - p-uL �_-�-�-r-j
Decen,d)er3 1--of-ea-c-h -ytqj -Peronal ea-ve Ul-mirs s'hall -be --forf6-ed -o --Ihe
-
n'axhi'ain'� an'�minl of Personal Leave Ulmirs allowed _w�lh no ,I ij
------------------------------------------------------------------------------------------- ------- -------
con'�rwnsnon for n.irais'ed Personal Leave Ulmirs.
Gash-lia Dfllesw k'fleh eniployee I-11fly seleet a peeiollfll leave eash ill date; ol�
-)ef� o �' efleh yeaf�� � Vhose that
kniplO.'�4"eS "Ifly eliailtte, flieif� eash 44 ('We ill
011e-"Finle Payment for Personal Leave: For hours permissibly accumulated
under this Article, the employee shall be automatically paid for all personal leave
hours that exceed flie4 &eablislied pef�soiial lefiee liniit
c--h--e--ck- --afi-e--r - --Ihe --ra--l-fi--c-----o-n -- --o-f --- ---- — Afie--r --1-h--a-- qyytIjj, --fi--..-m---h--e-r --
p�.jyn.g for u n accordance of lfjs'
---------------------- -------------------------------------
Pof ...4le ptwpose 1:4' paying l'64° fleel°tied leave 61-11e; 4le 14RI)Ioyel° '6411
flutofflatieflIly pay i'64° pen ional leave oll the eniployee's
date(- pro.. e
leave fleeotalt balallee oll the pay pefiod tliat inimediately 1weeedes t1w
effit4i+y-e ,' , Note: Employees will not be paid for
Personal Leave unless their Personal Leave cash-in amount equals or exceeds
one hour.
No Personal Leave Hours may accumulate to an employee who is in a non-pay
status or utilizing donated leave.
f. An eligible employee who resigns or - rewes, - with at least two C2,j weeks' notice, is
laid off, or whose employment has not been involuntarily terminated shall be
paid for any unused aeef�uals a-s'-fol lows'_-,
a I C
rain'd)er oi I 1rvLIQ[naljeave hmirs accn.ied,
-----------------------------
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Atlantic Beach PBA Proposal February 6, 2013
less than �n a �. ➢�b� ��n� b_��� i��i �,V b �u�n_�� a ��n _�� �i
i nM °uuN eu r rV�� urn t� _ u�� b_ bin �VV �ju�__irald _��un�__'��b°%)_o 1_�nu�__���uV��rc _o the
rain,uberr of rwrrsonnal leave hmirrs nucc n.rn.ni.
13.2 In the event of the employee's death 1.00°% o -f the balance of the employee's Personal
Leave 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 3rd year
5.81
151.06
Beg. 4th through 7th year
6.78
176.28
Beg. 8th through l lth year
8.31
216.06
Beg. 12th through 15th year
9.85
256.10
Beg. 16th and over
10.47
272.22
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 14
LEAVES OF ABSENCE WITHOUT PAY
14.1 The City shall conform to the Family Medical Leave Act (FMLA) with FMLA eligible
employees entitled to leave per a twelve (12) month period for the periods and reasons
as specified in the FMLA.
14.2 Leaves of absence without pay may also be granted for other reasons deemed
acceptable to management other than those covered in under the FMLA.
14.3 All leaves, with or without pay, should be requested by the employee in writing and
should be approved in writing before becoming effective.
14.4 Requests for Military Leave shall be submitted in accordance with Article 15.
14.5 Any approved Leave Without Pay (LWOP) shall become effective only after the
employee has utilized all available paid leave and compensatory time to which they
may be entitled.
14.6 An employee's starting date will be adjusted for leaves of absence without pay, unless
restricted by State or Federal law.
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 15
MILITARY LEAVE
15.1 The City will grant employees leaves of absence for military duties as dictated by the
requirements of state and federal laws.
15.2 Employees requesting military leave are responsible for notifying the Chief of Police as
soon as possible of the dates for such training period(s).
15.3 An official set of military orders should be submitted as soon as possible, but in no case
shall an employee be paid for Military Leave until an official set of orders or
appropriate documentation have been received.
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 16
BEREAVEMENT LEAVE
16.1 Employees covered by this agreement may be granted, upon approval of the Chief of
Police, time off with pay not to exceed three calendar days, in the event of a death in
the employee's immediate family for the purpose of attending the funeral and /or
attending to related obligations of the deceased relative. An employee may be granted
up to four (4) hours off with pay if the employee is required to act as a pallbearer for a
deceased member of the Atlantic Beach Police Department.
16.2 The employee's immediate family shall be defined as the employee's spouse, father,
mother, son, daughter, brother, sister, father -in -law, mother -in -law, grandparents, step-
parents, step - child, step- brother, step- sister and any other member of kinship who may
be residing under the same roof with an employee during the time of death.
16.3 Funeral leave or bereavement leave shall be paid leave and not charged to personal
leave days.
16.4 The employee may be required to provide the Chief of Police with verification of death
before compensation is approved.
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Atlantic Beach PBA Proposal February 6, 2013
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 fourteen (14) days. The basic work period
for an employee covered by this Agreement will consist of up to eighty -four (84) hours
per 14 -day work period. When the City deems it necessary, the basic work period may
be changed, provided the employees are given at least seven (7) calendar days notice
prior to the change.
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 84 hours during an
employee's basic scheduled work period shall be considered overtime and shall be
compensated at the rate of one and one -half (1 %) times the employee's regular hourly
rate of pay.
17.4 An employee will have the option of receiving compensatory time off or overtime pay
provided 85% or more or the overtime budget has not been expended at the time the
overtime work is performed. However, the maximum amount of compensatory time,
which may be accrued under this agreement (including Article 12 and Article 17), is
one - hundred (100) hours of compensatory time. Under this Article, compensatory time
shall be accrued at the same rate as overtime pay. Once an employee accrues one -
hundred (100) hours of compensatory time, no further accrual of compensatory time
will be allowed. Thereafter, hours worked in excess of an employee's regular scheduled
two week work period shall normally be paid to the employee.
17.5 For the purpose of taking compensatory time off, the employee shall, in accordance
with procedures for Personal Leave, Article 13, request to be allowed to utilize his
accrued hours. All accrued compensatory time off must be taken during the 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 September 30th of the same fiscal year at the regular
hourly rate earned by the employee at the time the employee receives such payment.
Note:
30
Atlantic Beach PBA Proposal February 6, 2013
Employees will not be paid for Compensatory Time unless their Compensatory Time
payment amount equals or exceeds one hour.
17.6 Hours worked in excess of the employee's normal scheduled hours due to emergency
situations such as hurricanes, tornadoes, civil disorders and other like matters as
declared by the Chief of Police, will be compensated for at the rate of one and one -half
(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, trial, or hearing 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, trial, or hearing and for the time spent in
performing his duties as a witness, with a minimum of three (3) hours. Provided,
however, the employee must submit to the Police Chief a copy of any notice of
deposition or subpoena and must remit to the City any witness fee or fees received in
connection with the appearance that exceed twenty dollars ($20.00) excluding travel
reimbursement, unless City transportation is furnished in which case travel
reimbursement should not be requested or accepted or if receive such fee will be signed
over to the City.
17.8 In changing individual work schedules, management will take into consideration the
interests of the employees affected and the needs of the department. The City will give
as much advance notice as possible. Where possible there should be a minimum of
twelve hours between the completion of the employee's prior work shift and the
beginning of the next work shift. This section does not apply in overtime circumstances.
17.9 Training days are viewed as hours worked, and the City may assign and /or reschedule
training days at the City's discretion. Scheduled training days are mandatory work days
and are generally in addition to the Officer's regular schedule. Failure to attend
scheduled training will be treated as any other missed work day. Training days will be
scheduled by the City as soon as possible but in not case with less than 30 days notice
to the employee.
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 18
INJURY IN THE LINE OF DUTY
18.1 Any employee covered by this Agreement who sustains a temporary disability as a
result of accidental injury in the course of and arising out of employment by the Public
Employer, shall, in addition to the benefits payable under the Workers' Compensation
Law of the State of Florida, be entitled to the following benefits:
a. When an employee is absent due to compensable injury, the City will pay one -
hundred percent (100 %) of an employee's average daily earnings for each
regularly scheduled work day missed beginning with the first calendar day of the
authorized disability, and continuing through the seventh calendar day of the
authorized disability. However, in no case shall these payments and those paid
through Workers' Compensation exceed the employee's normal net salary. Any
amount paid by the city to the employee who is subsequently paid by Workers'
Compensation shall be reimbursed by the employee to the city.
b. An employee sustaining a lost time injury under this Article may use
accumulated Personal Leave days to cover the time off the job due to an injury
until he is compensated by Workers' Compensation. Personal Leave days can be
used to supplement that percentage (33 1/3 %) of his pay which is not covered by
Workers' Compensation. The request to allow the employee to do the above must
be made to the Chief of Police in writing.
18.2 In addition to the benefits afforded under section 18.1(a), an employee, subsequent to
exhausting all Personal Leave days, may be awarded special benefits by the city if
special circumstances are found to exist in the sole opinion of the City Manager. But
such payments shall not, when added to Workers' Compensation benefits, total more
than the normal regular pay received by the employee immediately prior to such
disability, nor may such payments continue longer than one year from the date of
injury. Factors which the City Manager may consider in each instance are as follows:
a. Consideration of degree of responsibility of employee /employer.
b. Obedience to or violation of laws, statutes, or ordinances involved in connection
with the causes of such disability.
C. Obedience to or violation of any Department rules, regulations and policies
procedures, published work rule or instructions to the employee by supervisors
involving the cause of the disability.
32
Atlantic Beach PBA Proposal February 6, 2013
The decision to grant or deny special benefits is not subject to the grievance or
arbitration provisions of the agreement.
18.3 The City may require the employee to be examined every twenty (20) calendar days by
a medical doctor selected by the City to determine whether the employee should be
continued on such leave or returned to duty.
18.4 In the event that an employee fails to return to work due to a disagreement between
medical doctor(s) for the employee and the city, then the city shall select a third, duly
qualified medical doctor who shall resolve the medical disagreement. This medical
examination shall be at the employee's expense. In resolving the disagreement between
the employee's doctor and the city's doctor the decision of the third doctor shall be final
and not subject to grievance.
18.5 Where injury is caused by the knowing refusal of the employee to use a safety
appliance provided by the City, the Workers' Compensation benefits shall be reduced
twenty -five percent (25 %). Failure to obey safety regulations or to use safety devices
shall result in disciplinary action, up to and including discharge.
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 19
TUITION AID
19.1 Any full time employee who has completed the initial probationary period will be
eligible to take courses which are approved in advance by the Police Chief as being law
enforcement related or for career development. Upon successful completion of the
course, the city shall reimburse the employee as follows
Reimbursable Items. An employee who successfully completes an approved course
where grades are assigned with a grade of "C" or better, or obtains a satisfactory
completion certificate when grades are not assigned will be reimbursed 100% of the
tuition, lab fees, registration fees, and costs for books.
Any member attending courses toward a Master's Degree may be reimbursed up to
100% at the sole discretion of the City Manager.
Non - reimbursable items. 100% of the costs of supplies, transportation, parking,
equipment, plus all other fees not listed in this article will be the responsibility of the
employee.
The employee must present written evidence of completion of the course and the grade
achieved to validate payment from the employer. The employee shall supply the Chief
of Police with written notice of the course(s) to be taken, information on the course(s)
content and the cost of each course, and receive approval prior to registration for the
course(s) which the employee is requesting reimbursement.
19.2 An employee who does not remain with the City for a minimum of one (1) full year
after completion of a course for which he has received education assistance shall repay
the reimbursement to the city at the rate of 1/12"' of the total received for each month
remaining on the 12 month commitment.
19.3 Should there be no funds available from the City Training Fund the City will not be
required to reimburse the employee under Section 19.1. The City will advise the
employee before the employee takes a course if the City anticipates that no funds will
be available.
19.4 In the event the employee is eligible for tuition aid from any other source, such as, but
not limited to Veteran's Benefits, the payments due under this article will be reduced by
the amount of benefits paid by other sources.
19.5 In addition to salary incentive monies called for in Florida State Statute 943.22, an
employee shall receive a monthly educational incentive from the City as follows:
34
Atlantic Beach PBA Proposal February 6, 2013
Degree Monthly Amount
Associates or documented evidence $ 50.00
of eligibility for an Associates Degree
Bachelors Degree
35
$ 100.00
Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 20
INSURANCE
20.1 The City agrees to provide employees with a group term life insurance policy providing
for coverage equal to the annual salary of the employees, but not to exceed $50,000.
The City agrees to pay the premiums for the employees' coverage for such insurance.
20.2 The City agrees to provide employees with the basic health insurance group program as
offered to other City employees. The City agrees to pay the same amount of premium
for the same insurance coverage for bargaining unit members as it does for other City
employees. Dependent coverage for medical and other insurance offered by the City
will be available by payroll deduction at the employees' expense.
MA
Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 21
SAFETY AND HEALTH
21.1 The Public Employer and the Association agree that they will conform to all laws
relating to safety, health, sanitation and working conditions. The Public Employer and
the Association will cooperate in the continuing objective of elimination safety and
health hazards where they are shown to exist.
21.2 Safety practices may be improved upon from time to time by the Public Employer and
upon recommendations of the Public Employer and the Association. Protective devices,
apparel, and equipment when provided by the Public Employer must be used and any
failure to obey safety regulations or to use safety devices shall be just cause for
disciplinary action.
37
Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 22
BULLETIN BOARDS
22.1 The Association may be permitted to provide for its own use one bulletin board not to
exceed four feet times three feet (4'x 3') in dimension, provided the bulletin board shall
be located only in the squad room.
22.2 The Association agrees it shall use the space on the bulletin board provided for herein
only for the following purpose: notices of Association meetings, notices of internal
elections for Association offices, reports of Association committees, policies of the
Association, recreation and social affairs of the Association, and notices by public
bodies. In no event shall the bulletin board be used to post political material or
controversial material. : he pf�esidellt ....Hild tli. ni ov --or
/�_V�er nal R� � � p ,,�jg n!�.jj e of the Association are the only authorized representatives to
post material on the bulletin board. Said representatives shall initial and date all
material, which is posted.
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 by the City with the removed material provided to the
Association Staff Rep.
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.
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 23
T TNTF(1R MC
23.1 The City will furnish all sworn bargaining unit employees who are required to wear
uniforms in the performance of their duties with uniforms and equipment approved for
their use.
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
to the employee's supervisor, setting forth the circumstances necessitating the
replacement or repair. The torn, worn, or unserviceable item shall be presented to the
Chief or Police or his designee for inspection and determination as to whether the item
should be replaced or repaired. It shall be the decision of the Chief of Police or his
designee as to whether the item shall be replaced or repaired.
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 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 uniforms sets (shirts and pants) per
employee per quarter as authorized and funded for within the annual approved budget.
23.7 The city shall provide for the Detectives and Crime Suppression Unit members covered
by this agreement a clothing allowance of six hundred and fifty dollars ($650.00) per
year to be paid as indicated below.
a. An initial payment for the first two quarters in the amount of a $325 clothing
allowance shall be paid within fourteen (14) days of the employee's initial
assignment as detective.
b. Following six months, additional payments of $54.17 will be paid monthly
within the first pay check of each month.
39
Atlantic Beach PBA Proposal February 6, 2013
23.8 Any prescription glasses (not sun glasses) contact lenses, false teeth or partial plates
damaged, destroyed or stolen while an officer is acting in the performance of his
official duties for the City, shall be replaced or repaired by the City, up to a maximum
cost of $300.00, provided the damage or loss is not the result of the employee's
negligence.
Such claim for repair or replacement shall be supported by written explanation as to
how the damage /loss occurred and be accompanied by documentation of the original
cost of said item, and shall be subject to provisions pertaining to the processing of
claims as set forth by the Chief of Police.
Wrist Watches damaged /destroyed shall be repaired or replaced up to a value of $50.00.
The same restrictions, requirements and procedures shall be followed as set forth in the
above paragraph.
If the loss is 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.
40
Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 24
MILEAGE ALLOWANCE
24.1 Employees directed by the Chief of Police or his designee to use their private
automobiles for City business, shall be compensated at the I.R.S. Mileage Rate.
41
Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 25
LEGAL SERVICES
25.1 The City agrees to provide at no cost to the employee, the services of an attorney to
defend the employee against any civil actions brought against him while acting as an
agent of the City, in the line of duty and on the City's behalf, unless such action is
brought about by an act of the employee due to his own violation of Department Rules,
Policies, Procedures or Instructions, negligence, carelessness or the employee acted in
bad faith, with malicious purpose, or in a manner exhibiting wanton and willful
disregard for human rights, safety, or property.
25.2 It is understood and agreed that all employees shall furnish notification in writing of
their intent to file suit in any court of law, to the Public Employer, no less than ten (10)
working days before the actual filing date, provided the lawsuit affects or is related in
any manner with the Public employer.
25.3 Any employee involved in an accident with a vehicle owned by the Public Employer,
and said accident is the result of equipment failure or defect and the defect was such
that a reasonable and prudent person would not have noticed or become aware of the
defect, shall not be held accountable by the Public Employer or results thereof. Any
equipment failure or defect must be reported at the time of the accident and included in
the vehicle defects section of the report. Neglect by the employee to notify his
supervisor of any defect in the vehicle will make this provision null and void.
42
Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 26
WAGES
26.1 Effective _(�Jk te_ j �n� a � °ui° no u n n the salary ranges within Exhibit A have
been retained at the October 1, 2008/2009 rates.
k4liplloyaees ...:tllnet have nlolv flneur onne yaeen° of, sef fie as ou 'O /�O /�0; ..flle ill positau:l that
. �li liM��°; aW��lili�.Wli �.�w����� "v�e�� ��lip ris w�iisi ef°ed "�� basis H:il
r, a � r,
all eN tiati Slir � s [.. "' meetur. �aeny n "n e nenn�t'u o e "n oA," e slifill n eeeiNed e....a unre PO'nnnt 011e
fffvenrt (y::PI /1') Itiolp stin) r °en �nneanepnu;��unr "° 1 '' ""
OiIHn .Shall 110t e �uil to"HfA peilsi slf ...kilfil sfllafs ,
annnanun..the enlplo.yee4i eurnne nl gnere flee "r de,u detefiililled ..ureul Eby / /V�b. :uyn�rV,yy �_b_ ✓u,i n_n,nore
Qhan 6 udliC�nlh a aw�,k°V/ c a� , o s���Qw C�T k �QV�V�_�Q- llC�-Vn a�
e �94nY � s@ C� VVn o n a �'b��ned� .ed " �,-,! �9V�I:VJP bas b 'IY d have 1!"w cw�1C ed an
.,_,__ ___ _,_, __ _, ____— _,_ _________ -------------------------------------------------- ,.
evaki n onn >f " I a Re ruurrw,n wrn� ae or above ha fl r� VM � � ��Vn� b� 1!�c VnQ � �
_,_,_ ______,------------------------------------------ ,,, _, _ _ _�_,__,_ _____.
Vuy unnga unn w, n bw,__ai mpun biunnw 1ymrr a nlrn.ianl ba ' sa la y Tfenve �lyb r 201 _
wVdn N�nn ww a wVQ�n
1.2 nwnnl:hn a ery c a an� �� aQ -w C��� r QV�V a Q ( n ar VVn an NCniLtI no 1hal I s,
------------------------------------------------ „,, , �____,__ _______ i,__ _______,_,_, __ __,_,
cone jd re s@ wan ynllnnn� s@ C�n V rn s C�Vn a �nw � 4 �wd _s_ _ n _ __ no4 _n _s_ __ Va aV _ _ n�d__ h \ w_ _kw 0 wd
anwln_w�"va ki nQ o n_��_f "M w Q_b_,��egl. Vren w V)Iis”' or above sha fl !rw �_w,w _a n,,_a��jnjVQV(�I�)Ianll_��n �nw w_ Q;
,nS an b a d lln "In Irni to if r a�Ir)IIa.mll _taw bw banll_a�r
_ -_n/ _________ _ _ -m _.
Notes:
Evaluations: 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, placed
in a 90 -day improvement period, and reevaluated in accordance with the City's
performance evaluation program guidelines.
- Minimum Pay: In no case shall an employee's pay be set below the minimum
established for the grade of the employee unless the employee receives less than a
"Meets Requirements" overall evaluation.
Maximum nay. In no case shall an employee receive a pay increase that would
result in the employee's pay exceeding the maximum pay for the grade of the
position to which the employee is assigned.
- 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.
Atlantic Beach PBA Proposal February 6, 2013
- Applicability. Pay adjustments will only be provided to individuals who are
employees of the City on the date that the Union contract is finally approved by
the City Commission.
- Pay Ranges. The pay grades and salary ranges for classifications within the
bargaining unit are incorporated herein as Exhibit A.
26.3 The City shall assume the responsibility for certain pension contributions for bargaining
unit members. Effective en�te,1� ���,��� uiuuiu�t) the bargaining unit
members' contribution rate e,s ...e lliellg!e to ilo ti n)Oi.iln eiidl� Oiie A; e pefeeiin )4.:.8, V °11110.
➢) i uo � n) �uNpuu�uu u�uun:uui_u�n u�u� a b_��MiuN.un�u�� ai�__bnVV
channi'e fro_unn 4,815%) n_lnn_'.n_8➢_'�°%)_wul_h an adR_uw hall V uy_u n,�u�_�_bM ���_�� M
2)_1'J1vn_luvuM ( )c1ober_➢,_20J.3,__ll a a- a Muu Mud a un nun ------------------------------------------------------ ununubu>�b lrwn rae b afl
c�)na:wrnplu�_fr�onu 5, 815°%)_)nn_�")_h➢_'�°%)_"v✓ul_h an n�)�)uiu���unV__b iV � v_u �,u n_bM �nf o nv_)r�
u a _n_ _,nln- _n l__ vn_lu vn ki- o- ber -- -1 20-4 _b nnu�nv�co t lw rae shall
c)nan 9e )i�onl 6,815%) 5%) o 0'Yo wVlh �n'n �nn)n)ul.n��nna l "aala ncr a e o nn'ICnw NC�V nl:
_i __ ____ _, _,_ _ _, __ ____ __ _____ __ _ __
26.4 Any Police Officer covered by this Agreement who is assigned by the Chief of Police
to work in the Investigative Division or Crime Suppression Unit as a detective shall
receive pay at a rate ten (10 %) percent above the employee's regular hourly rate of pay.
Such percentage shall not be added to the base pay but shall be in addition to the base
pay and apply to all pay, overtime, compensatory time paid, etc. received by the
officer.
26.5 Any Police Officer or Sergeant covered by this Agreement who is assigned to work as
a Detective in the Investigative Division or the Crime Suppression Unit (CSU) shall
have their title changed to Detective and shall receive an annual clothing allowance of
six hundred fifty dollars ($650.00) in accordance with Article 23.7.
26.6 Any employee covered by this Agreement who is assigned as a Patrol
Investigator /Evidence Technician shall receive pay at a rate of five percent ( +5 %)
above their normal 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.
26.7 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 ten percent (10 %) above the employee's regular rate of pay while the employee
is actually performing the duties of an FTO. Such percentage shall not be added to the
Atlantic Beach PBA Proposal February 6, 2013
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.
26.8 Any employee covered by this Agreement who is assigned as a member of the Special
Weapons and Tactics Team (SWAT) shall receive a rate of pay five percent ( +5 %)
above their normal pay while such officers are performing actual SWAT duties, not
including training. Such percentage shall not be added to the base pay but shall be in
addition to the base pay and apply to all pay, overtime, compensatory time paid, etc.
received by the officer.
26.9 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.
C. 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. 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.
26.10 Promotion. Officers promoted to the rank of Sergeant shall receive a salary increase at
the time the promotion becomes effective, to at least the minimum of their new pay
range or an amount equal to the percentage difference between the current and new
grade midpoints (not to exceed 12 %), whichever is greater.
a. Calculating a Promotional Increase. Since a promotional increase is granted to
recognize the assumption of additional job duties and responsibilities, the size of
the increase is calculated as a function of the size of the promotion, rather than
as a percentage of current salary. The formula used to calculate the promotional
increase is as follows:
New Midpoint - Current Midpoint = Percent 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.
Atlantic Beach PBA Proposal February 6, 2013
b. Anniversary Date. A new anniversary date will be established as the
effective date of promotion.
a. 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.
26.11 Longevity Pay. Employees [dre �_prio�r l��_. aral��!�y_1 2(t➢,;?i__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
Pam
0
5
$ 0.00
6
10
$ 25.00
11
15
$ 50.00
16
20
$ 75.00
21+
$ 100.00
Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 27
ALCOHOL AND DRUG TESTING
27.1 Both the City and Union recognize that drug and alcohol abuse is a problem among our
nation's work force. The City and the Association also recognize the tremendous cost,
both in terms of efficiency and in human suffering caused by needless workplace
accidents. Acknowledging the necessity for action, both parties agree to the promotion
of a drug free workplace pursuant to the Florida Drug -Free Workplace Act
(FS 112.0455 & FS440.102).
47
Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 28
ANTI - DISCRIMINATION
28.1 In accordance with applicable Federal and State Law, both the City and Union agree
that they will not discriminate on the basis of race, color, creed, national origin, sex,
religion, marital status, age, handicap, or Union membership or non - membership. The
City and the Association affirm their joint opposition to any discriminatory practice in
connection with employment, promotion, or training; remembering that the public
interest remains the full utilization or employees' skill and ability without regard to
consideration or race, color, creed, national origin, sex, religion, marital status, age,
handicap, or Union membership or non - membership.
28-2, AE y � unnV nlu�nnn nn n nu b__ uNdun_Vn__uu n _� 9 u vM�j__pryn buu Mu�__i ) ncle 10 9 "��d a uu Mu a the
t "j M °v annn_�_.lru�on�n, bb un¢r_l��_,a n��_u n,�Vun��u u?. "_ "�i �� V,_�nuN �_�.'�_�b_��un�Vu�n��� u�u_/�uN�u,cVu�__10, aJ_wIM>I_der
nunndreN nyn,nslalMnccs, _bhall S1 __j ��un � � ��� i nn__guun �aLl c �_arLg_g gip" and/or /�roclu� I I
gn nu uu�ufu__61u�u� a un u�nunu niunn a
be allowed V gnu b_IrLg� a bu�n�u uMn �unn__y✓ �y_u _biu�c _i_b__an
MunnprVnnn n b un2 ni to fln_�n connpj, ".J�ni_nnuN,cVwnu �nc �nnn���uwrug "jq_n_u�l✓_�rn2h o �np, -r fin�n�.nle slalc
.•
Atlantic Beach PBA Proposal February 6, 2013
AR44GW: q()
7
PR()MO4!'!Y)NA17 12ROC 1
2(4� � a ff0filot4mal A,flemley emH w 9:1e sef�i!eftilt elassi Peatit4l; 9:1e G4.y'V%4]I P11 the
IW
Atlantic Beach PBA Proposal February 6, 2013
ARTICLE .3.(:) 2
AMENDMENTS
30.1 This Agreement contains the complete Agreement between the City and the Association
and no additions, waivers, deletions, changes or amendments shall be made during the
life of the Agreement except by mutual consent in writing of the parties hereto.
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE .3..:� 30
SAVINGS CLAUSE
31.1 The Public Employer retains all rights, powers, functions and authority it had prior to
the signing of this contract except as such rights are specifically relinquished or
abridged in this contract.
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE , , 3
SEVERABILITY
32.1 In the event any Article, Section or Portion of this Agreement should be held invalid
and unenforceable by any court of competent jurisdiction such decision shall apply to
the specific Article, Section or Portion thereof specified in the court's decision; and
upon issuance of such decision, the Public Employer and the Association agree to
immediately negotiate a substitute for the invalidated Article, Section or Portion
thereof.
51
Atlantic Beach PBA Proposal February 6, 2013
ARTICLE 32
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 Association 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 City Commission approval and for the life of this
Agreement.
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Atlantic Beach PBA Proposal February 6, 2013
ARTICLE .3.4.... 33
DURATION OF AGREEMENT
This Agreement shall commence and become effective on
and
shall continue in full force and effect until midnight on the thirtieth day of September 20 � 2 2015
or until a successor agreement is ratified. Each party may reopen Article 26, Wages and two (2)
other Articles of their choice in 20 ..i O acid 20 l � 201 -4.
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 I st of each year.
FOR THE CITY FOR THE ASSOCIATION
Jim Hanson Date Vincent L. Champion Date
City Manager President, PBA
G eoa �tte Pos�ef� Date
.Wufl): dj- n-s'on
Chief Negotiator
Ratified by Union members on:
Approved by the City Commission on: V„
53
Atlantic Beach PBA Proposal February 6, 2013
ATTACHMENT A
POLICE PAY AGREEMENT
PAY SCALE
EFFECTIVE 10/01/2013 (Same as 10/01/08 - 10/01/2012)
HOURLY RATE
Title
Grade
Min
Mid
Max
Police Officer
19
$17.89
$22.37
$26.85
Police Sergeant
22
$22.93
$30.50
$38.23
SALARY RANGE
Title
Hrs /Week
Min
Mid
Max
Police Officer
40
$37,211
$46,530
$55,848
Police Officer
42
$39,072
$48,856
$58,640
Police Sergeant
40
$47,694
$63,606
$79,518
Police Sergeant
42
$50,079
$66,787
$83,494
Notes:
1. Art 26.4. Detective Pay is +10% "add pay" and applies to all Police Officers assigned as
Detectives to the Investigative Division or Crime Suppression Unit.
2. Art 26.5. Police Officers and Sergeants assigned to the Investigative Division or to the
Crime Suppression Unit shall receive a $650 annual uniform allowance.
3. Art 26.6. Patrol Investigator /Evidence Technician pay is +5% "add pay ".
4. Art 26.7. Field Training Officer (FTO) pay is +10% "add pay" while performing FTO
duties.
5. Art 26.8. SWAT pay is +5% "add pay" while performing actual SWAT duties.
6. Art 26.9. Out of Position or Acting Capacity Pay is +5% "add pay" while performing
duties provided duties are assumed and performed in full for a minimum of 4
uninterrupted hours and no other Sergeant or Lieutenant is on duty.
7. Above pay may differ from final AS400 computer generated pay based upon computer
rounding program.
Issue
Currently
City Proposal
PBA Offer
7.1 (Probationary
Only extended with
Extend up to 90 days
Leave as is
Employees) Extention
cause
without cause
13.1 PL Leave Slips
Submit at least 14 days
Submit 30 days in
Leave as is
in advance, 4 work days
advance, 14 work days
to respond
to respond
13. 1, PL Approval
14 days or more, Cdr
< 14 days sgt affecte
All leave must be
approved by Cdr
Leave as is
13.1 PL Max
960 hours
480 hours
680 hours
13.1 PL payout Over
Any PL over max accrual
Eliminate payouts of PL
Eliminate payouts of PL
Max
paid out on cash -in
over max accrual
over max accrual
dates (Jun & Dec)
13.1 PL cashout on
Unused PL cashed out
Unused PL cashed out
Employees with 10 or
retirement, resignation
at 100%
at 50%
more years of service
paided out 100 %,
employees less than 10
years of service at 50%
13.3 PL Accrual Rate
See attached charts
See Attached charts
Leave as is
17.7 Court OT
Min 3 hours
Change min to 2 hours
vas is
1% year 1, 1% year 2
26.1 Wages (Raises)
No raise
1% year 1, 1% year 2
26.3 Pension
4.815%
8 %, No matching pay
o, ott*r
Contribution
increase to offset
increases of 1% in year
1, 1% in year 2, 1.15% in
year 3 to coincide with
contribution increase
26.11 Longevity Pay
0 -5 years: $0
Eliminate longevity pay,
Eliminate longevity pay
5 -10 years:$25 /mo
roll one -time raise of
for new hires, maintain
10 -15 years: $50 /mo
$5 /year of service into
current longevity pay as
15 -20 years: $75 /mo
current pay rate of
is for current
21+ years: $100 /mo
current employees
employees
28 Anti - Discrimination
See article
Delete Article
Leave as is
29 Promotional Process
City will fill vacancy
Delete Article
Delete Article
12.3 Holiday Pay
Given holiday pay hour
Change to if shift begins
for hour on day of
on designated holiday,
holiday, min 8 hrs
given 12 hrs holiday,
otherwise 8 hours
(Revenue neutral)