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Bargaining Minutes.103112 (2081383 1)City of Atlantic Beach and Coastal Florida Police Benevolent Association Minutes of Bargaining Meeting October 31, 2012 I. Attendance — see sign -in sheet II. Management Proposals — none III. Union Proposals — none IV. Other Material Exchanged — see attached 2081057,1 1@ I City of Atlantic Beach Proposal Package Proposal September 7, 2012 CITY OF ATLANTIC BEACH PACKAGE PROPOSAL SEPTEMBER 7, 2012 TABLE OF CONTENTS Article No. Title Page 0 AGREEMENT............................... . ............. I Article 1 RECOGNITION ............. ............................... 2 Article 2 PAYROLL DEDUCTION AND DUES ............. . Article 3 NO STRIKE PROVISION ......................... . .. . . . . 4 Article 4 EMPLOYMENT GUIDELINES.... . Article 5 MANAGEMENT RIGHTS ....... . ... . 6 Article 6 SPECIAL MEETINGS /ASSOCIATION TIME POOL . , ... , . Article 7 PROBATIONARY EMPLOYEES AND SENIORITY ..... . Article 8 RULES AND REGULATIONS ......... . Article 9 DISCHARGE AND DISCIPLINE ........... . Article 10 GRIEVANCE PROCEDURE ............ . Article I I ARBITRATION PROCEDURE ......... . Article 12 HOLIDAYS ................. ............................... 21 Article 13 PERSONAL LEAVE HOURS.. . ..... . Article 14 LEAVES OF ABSENCE WITHOUT PAY. . . ....... . Article 15 MILITARY LEAVE .......... ............................... 27 Article 16 BEREAVEMENT LEAVE ................... 28 Article 17 HOURS OF WORK AND OVERTIME ............ Article 18 INJURY IN THE LINE OF DUTY .......... . .. . Article 19 TUITION AIDE ................ .............................33 0 Article 20 INSURANCE.. Article 21 SAFETY AND HEALTH ....... . Article 22 BULLETIN BOARDS Article 23 UNIFORMS ................. ............................... 38 Article 24 MILEAGE .. . Article 25 LEGAL SERVICES ........... ............................... 41 Article 26 WAGES ....... . Article 27 ALCOHOL AND DRUG TESTING ....... . (�4 N - - -,. -_. —4K - 1 - 1 344w,,A4L'P44), Article 3028 AMENDMENTS . Article -'�--�29 SAVINGS CLAUSE . .......... ............................... 448 Article -230 SEVERABILITY ............ . ...... ..........................5149 Article X31 ENTIRE AGREEMENT . 5-1-50 Article 3-432 DURATION OF AGREEMENT ...... . ATCH A PAY AGREEMENT . IN City of Atlantic Beach Package Proposal AGREEMENT September 7, 2012 This Agreement is entered into this 8" _--day of Pe ��:. _ 'r) ?012 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. City of Atlantic Beach Package Proposal ARTICLE 4 September 7, 2012 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. +d-c-,+ E {-V .. • `�`rYTAi G'L'ITC}- IS.f FTI['CRTC' -'[�" F- f+ - AsiSE) }i} a� fir fl F r =i t- .+i%f3 ?�i 4W% thl& f-tu1-} 4i --iiricFc c- Ff=ft-�- t l'�ACrrr %tm Ei � =i� i [ZrC7rx'-�t�Y v; - `•`�� -- -f-iRsfiH -I- - }a-- �44Y.}.��- }E}E}- E}}tE�� - #�t}-�-fa- c-a -e -1= �- �-e1 at c � 0 1-status- Pt 2 City of Atlantic Beach Package Proposal ARTICLE 6 September 7, 2012 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. { 3- �--- .�.�'- �- 1�{= i- t�= ,.4•r�-+, -- roc ,iiv�- �..�]t`i-C�E;c�,.r��,�. 1 � t E r 4L13tE) wi rcTi it a1 " �i E� , l 3- A43LdtiEfi.f c�c�-rr�_� "-rrt- E E?}".�-t:4 cam: '--Tl•3-�?- r l i .. .. ' -- I'f�E•)a- �H -�tE� i}}- t :rt-�_- Wit}- �-- p��'�- "'��- .'- --hi�i �rrcuu'rc•tt ��i��rr�- r�tfiE3� � - gra�� madam � � .. . • -� -a- ate-= �- a?�e �n� ��ef�.. �#=� 3 City of Atlantic Beach Package Proposal September 7, 2012 -a ;'x'1333... �t)Fi e:E i 33 EH+dtH Er - -ttkj City of Atlantic Beach Package Proposal September 7, 2012 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 t4ttf r Lhial_)L(t4 0) calendar days, prior to the first day of the intended absence. The Chief of Police, or his designee, shall respond to the request within # -- ter, _(I( 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 1-4 -thi ?t 3(� 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 4i-t=i- , Division Commander of the work shift that is affected. wall - li b. Minimum units charged against Personal Leave under sections 13.1 a 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. d-. - - --W1 irrrt}_�t ate 1iti frf 9 htmfs - a -eash irr� 5 City of Atlantic Beach Package Proposal September 7, 2012 Leave limits: b-" - s 1e047 1�- - 4tl�at c rct �eftE P� ;...F.�our= ter ter ' -A14i e 1 e, 1 t3ait} r its i 1t Note 7 -plc 1� 33 E f3aiei ; d. Effective - October !, 2013 the rxraxinI WILD umbe�ersanal Leave hours which ziiay be accrued and carried forward to the followin 7 #isca] ear is 480480 hours, In an effort to minimize a tax burden to the ens to -ees the .city shall allow two bu outs of accrued hours one in 2012 and one in 2013 as set forth herein. The first a date irr December_ 2012 a-- errz �Io gee who has in excess of 600 accrued )ersonal leave hours will receive a bu 'out of acct -ued gsonal leave for all hours that exceed 600 hours. On September 30, 2013 an,,, em 3[o ee who has exceeded the limit of 480 hours will receives a buyout of accrued ersonal leave for all hours that exceed the new Maximum accrued limit of480 hours. Thereafter, the maximum number of Personal leave hours which may be accrued and carried forward to the City of Atlantic Beach Package Proposal September 7, 2012 f«Ilo�� in�� fiscal year is 48( hours. In addition_to the aiole_ on a otIe -tine basis. the Cites will honor the buy dowil selections % %'hich were nude 1 }� ern �lovees i1� Decen�brr�201 1. I-iowcN er_ due to IRS re�ulatio��s. no cha�7 yes are �ertllitted tt� these �re- selected amounts. Etuih[es should n�ak e �er— teu_ipt to schedule anc� use t }�eir person l leava_lrior to the end of each lisc:al vear. failure t�� use the; 3ersot�al leave tine ��i11 result iii torieiture oti October 1 of each fiscal v�ar c>far�v tir�c that exceeds the 480.hour liiilit, — — — -- [f a �ctsot�al leak re e�est is cancelled by the City due to I,o fault_ol, the enl�lc�ee at�d cannot be rescheduled prior to the er)d ufthe fiscal ear, their .. _� ..- de )artment head - na a grove the em Flo ice to cats v -over the personal leave hours that wel c c ICaled. Ire s1ich unusual case. the e�r�lt�y� e ��iust use these crsonal leave hour�ior to the end of tlic next 115caI ear. - No Personal Leave Hours may accumulate to an employee who is in a non -pay status or utilizing donated leave. £ An - eEmployees who resign; with at least two weeks' rio� written notice ofresi �nati��n to tlae City i�'lana�ger, if,-awe laid off, or whom ' lretire shall be p 1441 " u` d soli Bible to recei�.c 50% unused accruals up to the maximum allowed, 13.2 In the event of the employee's death, 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 - - - -- - - - -- -- I-- v- r- --#- -� rte;- �- ��...3 �h3-u --1 ? t- �48440 Z —__ City of Atlantic Beach Package Proposal September 7, 2012 t � � f 4 �tii- t�7�i -t --_i f i3 A F-cw_ --Y Be l]]IlII — 1111] HOLIIS ..)er -- - -- i — ___.._._._ 1 Otal A ifl ual Yea1� -- Year �av �1 iod — __.�.1_= Hours 4.62 ___.__ _ 1 2 0 3 5.54 _._�_ �.— 144 �. -- -- - - -.._- .? 160 G 7. —__— - - -- 6.77 _. ___176 1 0 7.69 � NO 12— —. . 31 ?16 -1 - - - -- -- - -1 -5 9.54 -- _.48 City of Atlantic Beach Package Proposal ARTICLE 17 September 7, 2012 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'/z) 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: J City of Atlantic Beach Package Proposal eptember 7, 2012 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 (I %) times the employee's regular hourly rte 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 fl+f€t -twu (32) 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. possible there should be a minimum of twelve hours between hecompletoneof 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. 10 City of Atlantic Beach Package Proposal ARTICLE 26 September 7, 2012 WAGES 26.1 Etfccti�c (�cto�zcr 1_. -2012, the date of ratilication.of this reen ent by both ha�ties. or the date of L�istativc actiot�i��ursuat�t to Sect 44;. (}3 d I=lot�ida Statutes. �vhiche��er date is later all full time arld re�� _ ular artt time emuk_—)V-ces that aye it) . �ctsition that is considered year shall receive a one erccnt 1 ` %increase itf theit� base pal rats . Tliercal�te=r, art additional one percent 1 `%v increase �� ili be awarded based oil Cl Oil October 1. 2013. See Exhibit A. €ffe k t — bet' i'utaili at• 14e- t�a1� ?�143t31s pf;+t tft t 1�aE + 4� R;eti4 4,- u i rr a i +&s s- ar 44ta*e - �-Eeer�- - arr- try F•t±�� --�� =�. �.. }... 4� � �+tta � � � - p ..c__ic�t ira #..1 ...... t 11 trc - e 4okVdrd 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. - Mini Run Pa L, 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 a . 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. - 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. - Pa Ran es. The pay grades and salary ranges for classifications within City of Atlantic Beach Package Proposal the bargaining unit are incorporated herein as Exhibit A. September 7, 2012 26.3 The City shall assume the responsibility for certain pension contributions for bargaining unit members. Effective September 23, 2007, the bargaining unit members' contribution rate was changed to four- point - eight - one -five percent (4.815 %). 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 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: 12 City of Atlantic Beach Package Proposal Septemer 7, 2012 a. The duties and responsibilities of the higher classification are assumed in full for a minimum of four (4) uninterrupted hours; and b. The assignment is not for the purpose of on- the -job training. If the two (2) conditions set forth are not fully satisfied, the employee will receive the rate of pay of his regularly assigned classification for each hour worked in the Sergeant or Lieutenant position. 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 Mid oint = Percent Promotion Increase Amount ( % *) Current Midpoint Or An increase to the minimum of the new pay grade, whichever is greater. * Not to exceed I2% unless required to bring the employee's salary to the minimum of the new pay grade. b. Anniversary Date. A new anniversary date will be established as the effective date of promotion. 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 End of Longevity Pay. Effective Octobcr }�2( }12. for �evity�aa, will he eliminated as a here#ite howeG'c�; em to gees r_eceivink lonuevity pay on Septemher 30, 2012 will have their base a enhanced effective Oc_ tobet I . 2012, as follows:. a prorated amount of X5.00 er month er each year of co1�led service u 3 to a nraxinum amount of S 100 per month for twenty or nzc�re c�ir�1 �l 20 etcc years of servi epterrher 30. 2012. vcaE s t } Wt- 4 - "y-as- f�Ilow s: 13 City of Atlantic Beach Package Proposal September 7, 2012 - 1�'her� aU�licabl a c�ie titttc_exce ion tit Section 2b.1 �Maxiniutr l'a�� will X11 he L c t t rt i t f c ci _.- __. ' _.__..� t��r this MISS �a et�hancc tttent- _ _ _s _ .y-� F _i-s - City of Atlantic Beach Package Proposal September 7, 2012 �Ii Ai 15 �yv CA J` City of Atlantic Beach Package Proposal ARTICLE �4 September 7, 2012 _� 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 204-2--20 15c3+ -t t r revn z + r. Each party may reopen A+ 44e -26, o+iiei�Articles of their choice -- O � �� i? ID O l 4. 4 1 and ? 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 15T of each year. FOR THE CITY FOR THE ASSOCIATION Jim Hanson Date Vincent L. Champion Date _ — City Manager President, PBA <34e,tj0hfI 1" : Dickir�sc}rt Date Chief Negotiator Ratified by Union members on, Approved by the City Commission on: rel City of Atlantic Beach Package Proposal September 7, 2012 f�nie«,d the Atlantic Beath C( cic_L3fOrdrnances. fart II CI�a to f ?. Article VI_ Di��isi��n �I'oltce Ofli�er�s� 1Zetir�nl�nt S% stetn�� Scctic�t�? -i10?7 �� trib Lit ion Steil .._.� _ to chart e n�c r��btr coiatributions 1 %�3�u 4.b 15% o,# sala v to .OWN of 5� al_ al V, Amend the Atlantic Beach Cade of`Ordinanecs, Part lri� Flo ec Beneifts Aritc I_ UiIisi<,�nL�'olice OftIcets l�etire�aaent 5�sten��tei ctmic�ri�� to C'hater- 2011 -21C�_ La «�s c>f l�lorida Senate Bill 112 17