Bargaining Minutes.061512 (2081380 1)City of Atlantic Beach and Coastal Florida Police Benevolent Association
Minutes of Bargaining Meeting
June 15, 2012
I. Attendance — see sign -in sheet
II. Management Proposals — none
III. Union Proposals — see attached
IV. Other Material Exchanged — none
2081056.1
Attendance Sheet
City of Atlantic Beach /PBA Bargaining
June 15, 2012
For PBA
I For the City of Atlantic Beach
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City of Atlantic Beach Proposal
May 4, 2012
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 A, _%Vjlhcm
cause for- UP ro 90 days. 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 shalt be determined by the day
(I -31) of birth, with the employee with the lowest numerical day of birth having
the most seniority. The employee with the longest date of position is most
senior.
7.2 Seniority:
Seniority as used herein, is defined as unbroken, continuous service with the
Atlantic Beach Police Department as a full -time, sworn law enforcement
officer. Authorized paid approved Ieave 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.
7A 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
10101A
City of Atlantic Beach Proposal
May 4, 2012
abolished, the sergeant or detective will return to the position previously
held, if a vacancy exists, without losing seniority in the classification to
which he /she is returned. If there is no vacancy within the previously held
Position, the sergeant or detective shall be returned to the next lower
position and be given priority consideration whenever a vacancy within the
higher position previously held occurs.
7.5 Seniority shall be lost for the following reasons:
a. Voluntary resignation
b. Retirement
C. Termination
d. Failing to return to work from authorized leave of absence
1O1OW I
City of Atlantic Beach Proposal
May 4, 2012-
A444- =E 2'
101011,11
17
Formatted: Right
Formatted: Font: Times New Roman
City of Atlantic Beach Proposal
May 4, 2012` : - - Formatted: Right
ARTICLE 2[42 9 Formatted: Font: Times New Roman
AMENDMENTS
30A 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.
10/01/[]
18
City of Atlantic Beach Proposal
May 4, 2012 _ - Formatted: Right
ARTICLE —4-.;()-2n Formatted: Font: Times New Roman
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.
10/01/11
19
City of Atlantic Beach Proposal
May 4,2012- - - _ Formatted: Right _
ARTICLE : "_,i 14 Formatted: Font: Times New Roman
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.
3orovti
20
City of Atlantic Beach Proposal
May 4, 2012- -
Formatted: Right
ARTICLE,i Formatted: Font: Times New Roman
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.
W/O Vi1
21
City of Atlantic Beach Proposal
May 4, 2012 - EFormatted. >zynt
ARTICLE 4.;2 i atted: Font: Times New Roman
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
mss.? -.2. -. 015or until a successor agreement is ratified. Each party may reopen-44+i do 6
w9,-,Articics of their choice in and 244-i'.) 1 1.
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 s' of each year,
FOR THE CITY FOR THE ASSOCIATION
Jim Hanson Date Vincent L .Champion Date
City Manager President, PBA
Chief Negotiator
Ratified by Union members on:
Approved by the City Comrnission on:
10/01111
22
City of Atlantic Beach Proposal
May 4, 2012
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 -4; �.I> ,.,__= without
cause fur U13 to 90 days. Provisions as to seniority shall not apply to
probationary employees; rather, seniority shall date back to the time of hire after
an employee has successfully completed his probationary period. If more than
one employee is hired on the same day, seniority shall be determined by the day
(1 -31) of birth, with the employee with the lowest numerical day of birth having
the most seniority. The employee with the longest date of position is most
senior.
7.2 Seniority.
Seniority as used herein, is defined as unbroken, continuous service with the
Atlantic Beach Police Department as a full - time, sworn law enforcement
officer. Authorized paid approved leave shall not reduce the officer's seniority
and seniority shall compute from the date hired as a full -time, sworn law
enforcement officer in accordance with applicable State and Federal Laws. Any
unpaid leave shall be in accordance with.applicable state and federal laws, i.e.
Military Leave or FMLA.
7.3 Classification Seniority:
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 shaII 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
iaour r
City of Atlantic Beach Proposal
May 4, 2012
abolished, the sergeant or detective will return to the position previously
held, if a vacancy exists, without losing seniority in the classification to
which he /she is returned. If there is no vacancy within the previously held
position, the sergeant or detective shall be returned to the next lower
position and be given priority consideration, whenever a vacancy within the
higher position previously held occurs.
7.5 Seniority shall be lost for the following reasons:
a. Voluntary resignation
b. Retirement
C. Termination
d. Failing to return to work from authorized leave of absence
10/01/11
City of Atlantic Beach Proposal
May 4, 20 12 ^ - - FrmatCed: Right
> >> Farrrtatted: Font: Times New Raman
10/01/11
17
City of Atlantic Beach Proposal
May 4, 2012, - - - Formatted: Right
ARTICLE . -u `mot) formatted. Font: limes New Roman
AMENDMEN'T'S
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 u °s iting of
the parties hereto,
18
I Vt&
31.1
City of Atlantic Beach Proposal
May 4, 2012 - - _ - Formatted: Right
ARTICLE Formatted: Font: Tfines New Roman
SAV NGS CLAUSE
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,
Fnro��ri
19
City of Atlantic Beach Proposal
May 4, 2012` - _ - Formatted: Right
ARTICLE '' 14 Formatted Font: Times New Roman i
SEVERABUTY
32.1 In the event any Article, Section or Portion of this Agreement should be i1eld
invalid and unenforceable by any court of competent jurisdiction such decisions
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.
10/01/71
20
�v
City of Atlantic Beach Proposal
May 4, 20I24 - - - Formatted: Right
--_-
ARFIC LE �, _ Formatted: Font: Times New Roman
ENTIRE AGREF -MENT 1 ��
33.1 The parties acknowledge that during negotiations whicli resulted in this 'IV
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 opportnnity are set forth in
this Agreement. Therefore, the Public Employes- 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 cither 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_
�owin�
21
City of Atlantic Beach Proposal
May 4, 2012Z. _ - F=ormatted: Right
ARTICLE_? Formatted: Font: limes yew Roman
DURAT1ON 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
_ ! or until a successor a;reement is ratified. Each party may reopen
,- ='144-1.z - Artictas of their choice in ='a = -` i 3 ;and i >.
If either party desires to negotiate a successor agreernerrt, it may do so by giving the other
party written notice to that effect no later than June 1 "t of each year.
FOR THE CITY FOR THE ASSOCIATION
Arn Hanson Bate Vincent L. Champion bate
City Manager President, P13A
D ate
Chief Negotiator
Ratified by Union members on:
Approved by the City Commission oil:
FoiainF
22