FEBRUARY 12 2013 PROPOSED FULL CBA (2190875 1) (3)
City of Atlantic Beach Package Proposal
February 12, 2013
AGREEMENT
between
COASTAL FLORIDA
POLICE BENEVOLENT ASSOCIATION
AND
THE CITY OF ATLANTIC BEACH
City of Atlantic Beach Package Proposal
February 12, 2013
TABLE OF CONTENTS
Article No. Title Page
________________________________________________________________________
AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Article 1 RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Article 2 PAYROLL DEDUCTION AND DUES . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Article 3 NO STRIKE PROVISION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Article 4 EMPLOYMENT GUIDELINES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Article 5 MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Article 6 SPECIAL MEETINGS/ASSOCIATION TIME POOL . . . . . . . . . . . . . . 8
Article 7 PROBATIONARY EMPLOYEES AND SENIORITY . . . . . . . . . . . . . . 10
Article 8 RULES AND REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Article 9 DISCHARGE AND DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Article 10 GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Article 11 ARBITRATION PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Article 12 HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Article 13 PERSONAL LEAVE HOURS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Article 14 LEAVES OF ABSENCE WITHOUT PAY . . . . . . . . . . . . . . . . . . . . . . .2627
Article 15 MILITARY LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2728
Article 16 BEREAVEMENT LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2829
Article 17 HOURS OF WORK AND OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . .2930
Article 18 INJURY IN THE LINE OF DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3132
Article 19 TUITION AIDE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3334
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Article 20 INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3536
Article 21 SAFETY AND HEALTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3637
Article 22 BULLETIN BOARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3738
Article 23 UNIFORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3839
Article 24 MILEAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4041
Article 25 LEGAL SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4142
Article 26 WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4243
Article 27 ALCOHOL AND DRUG TESTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4547
Article 28 ANTI-DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4648
Article 29 PROMOTIONAL PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Article 3029 AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 484750
Article 3130 SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494851
Article 3231 SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 504952
Article 3332 ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 515053
Article 3433 DURATION OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 525154
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February 12, 2013
AGREEMENT
th
This Agreement is entered into this 8 ____ day of February _________ 2010
2013 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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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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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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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.
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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. Any complaint or issue concerning discrimination or
discriminatory practices shall be addressed and handled pursuant to Article 28
of this Agreement.
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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.
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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.
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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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
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
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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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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 (1-31) 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
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
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.
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b.
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
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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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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;
i.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
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misdemeanor evidencing bad moral character;
l. Leaving the working area during working hours without authorization;
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
discharge, employees for any other cause.
9.3Failure 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
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
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considered as an administrative action.
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
constitute official disciplinary action and is considered as an administrative
action.
c. Offic
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
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.
9.7Files 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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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
representativeappointed 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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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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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 includedays 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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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 or 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
authority and responsibility of the Public Employer, as provided by Florida
Law, shall not be usurped in any matter.
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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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ARTICLE 12
HOLIDAYS
12.1 The following are recognized as holidays under the terms of this agreement:
st
New Years Day January 1
Martin Luther King's Birthday 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veterans Day November 11th
Thanksgiving Day 4th Thursday in November
Friday after Thanksgiving Friday after Thanksgiving
Christmas Eve December 24th
Christmas Day December 25th
Any day that the City Commission may designate
NOTES:
For union members that work shifts, Holidays shall be observed on the actual date that they
occur.
For union members that work a Monday through Friday workweek:
Whenever Christmas falls on a Saturday, Christmas shall be observed on the preceding
Friday with Christmas Eve observed on the preceding Thursday.
Whenever Christmas falls on a Sunday, Christmas shall be observed on a Monday with
Christmas Eve observed on the preceding Friday.
Whenever Christmas falls a Monday, Christmas shall be observed on Monday with
Christmas Eve observed on the preceding Friday.
Not Scheduled to Work a Holiday:
12.2
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.
Scheduled to Work a Holiday:
12.3
Worked the Holiday.
Employees whose work shift starts on works on the holiday shall
receive Holiday pay equal to their scheduled shift (8, 10, 12, etc. hours), plus be paid
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the employee's regular hourly rate of pay, or provided compensatory time, hour-for-
hour, for each hour worked during the holiday that shift. The minimum accrual of
holiday pay will not equal less than eight (8) hours.
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.
12.7 For purposes of this Article, all holidays shall commence at 12:01 a.m. on the holiday
(as set forth in Section 12.1) and continue for twenty-four (24) uninterrupted hours.
12.8 12.7 The accrual and payout of compensatory time under this Section shall be governed
by the provisions of Article 17.
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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 four ten (10)seven (7) 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.
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 supervisorDivision Commander 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. Thereafter, employees must
utilize the Personal Leave or they will automatically receive payment for
such leave in accordance with section 13.1d of this Agreement.
b. Minimum units charged against Personal Leave under sections 13.1a shall
be in 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. When hired, each employee may select a personal leave limit and leave
cash-in date(s). Employees that do not initially select a personal leave
limit and/or leave cash-in date(s) will be assigned a leave limit of 960
hours and cash-in dates of June and December. In December of each year,
employees will have the option to select or change their leave limits and
cash-in date(s) as follows:
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Leave limits:
Each employee may select a personal leave limit of 120,
240, 360, 480, 600, 720, and 840 or 960 hours that will best fit the
d, employees may change
their Personal Leave limit in December of each year. Those that do not
change their limit shall retain their previously established limit.
Thereafter, employees must utilize their Personal
Leave Hours or the employee shall be automatically paid for all hours
accumulated that exceed their established maximum.
Cash-In Dates:
Each employee may select a personal leave cash-in date,
or dates, of:
(1) first pay date in June and December;
(2) first pay date in June only; or
(3) first pay date in December only.
Employees may change their cash-in date in December of each year.
Those that do not change their cash-in dates shall retain their previously
established cash-in dates.
Payment for Personal Leave:
For hours permissibly accumulated under
this Article, the employee shall be automatically paid for all personal leave
hours that exceed their established personal leave limit. For the purpose
of paying for accrued leave time, the Employer will automatically pay for
personal leave on the employee's established cash-in date(s). Personal
balance on the pay period that immediately precedes the employee's
designated cash-in date(s). Note: Employees will not be paid for Personal
Leave unless their Personal Leave cash-in amount equals or exceeds one
hour.
d. Effective on the date of ratification of the Agreement by both parties (the
the maximum number of personal leave hours which may
be accrued and carried forward to the following fiscal year is 680 hours.
Within thirty (30) calendar days from the effective date, any employee who
has exceeded the limit of 680 hours will receive a buyout of accrued
personal leave for all hours that exceed the new maximum accrued limit of
680 hours. Thereafter, the maximum number of personal leave hours which
may be accrued and carried forward to the following fiscal year is 680
hours.
Employees should make every attempt to schedule and use their personal
leave prior to the end of each fiscal year. Failure to use the personal leave
time will result in forfeiture on October 1 of each fiscal year of any time that
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exceeds the 680 hour limit.
If a personal leave request is cancelled by the City due to no fault of the
employee and cannot be rescheduled prior to the end of the fiscal year, their
City Manager head may approve the employee to carry-over the personal
leave hours that were canceled. In such unusual case, the employee must
use these personal leave hours prior to the end of the next fiscal year.
e. No Personal Leave Hours may accumulate to an employee who is in a
non-pay status or utilizing donated leave.
f. Eligible employees who resigns with at least two (2) weeks prior written
notice of resignation to the City Manager, is are laid off, or whose
employment has not been involuntarily terminatedretire shall be paid for
up to 680 any unused personal leave hours accruals as follows:
(1) Employees hired by the City before October 1, 2012, with ten (10)
or more years of completed service on the date their employment ends
shall be paid out 100% of the personal leave hours accrued (up to a
maximum of 680 hours).
(2) Employees hired by the City before October 1, 2012, with less than
ten (10) years of completed service on the date their employment ends
shall be paid out 50% of personal leave hours accrued (up to a maximum
of 680 hours).
(3) Employees hired by the City on or after October 1, 2012, shall be
paid out 50% of personal leave hours accrued (up to a maximum of 680
hours).
13.2
Leave shall be paid to the beneficiary of the deceased employee.
13.3Effective on the date of ratification of this Agreement by both parties pPersonal
Leave time shall accumulate during each pay period and shall be credited to the
employee at the end of each pay period using the following schedule.
Hours Per Total Annual
Years Pay Period Hours
st
1 Year 3.08 80.00
rd
1 yr. 1 day thru 3 year 4.31 112.00
th
4 yrs. 1 day thru 5 year 5.54 144.00
th
6 yrs. 1 day thru 7 year 6.15 160.00
th
8 yrs. 1 day thru 10 year 6.77 176.00
th
11 yrs. 1 day thru 12 year 7.38 192.00
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th
13 yrs. 1 day thru 14 year 8.00 208.00
15 yrs. or more 8.62 224.00
strd
Beg. 1 through 3 year
5.81 151.06
thth
Beg. 4 through 7 year
6.78 176.28
thth
Beg. 8 through 11 year
8.31 216.06
thth
Beg. 12 through 15 year
9.85 256.10
th
Beg. 16 and over10.47 272.22
Beginning Thru Hours per Total Annual
Year of Year Pay Period Hours
Employment
First Year 4.62 120
1 3 5.54 144
4 5 6.15 160
6 7 6.77 176
8 10 7.69 200
11 12 8.31 216
13 14 8.92 232
15 9.54
248
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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 emplo
unless restricted by State or Federal law.
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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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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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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 (1½) times the
employee's regular hourly rate of pay.
17.4An 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:
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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 (1½) 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 employ 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 g
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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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
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.
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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.
18.5Where 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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City of Atlantic Beach Package Proposal
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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
satisfactory completion certificate when grades are not assigned will be
reimbursed 100% of the tuition, lab fees, registration fees, and costs for books.
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
th
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.
19.3Should 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:
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City of Atlantic Beach Package Proposal
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Degree Monthly Amount
Associates or documented evidence $ 50.00
of eligibility for an Associates Degree
Bachelors Degree $ 100.00
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City of Atlantic Beach Package Proposal
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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
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City of Atlantic Beach Package Proposal
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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.
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City of Atlantic Beach Package Proposal
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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. The President and the Secretary The Chief Representative or
Alternate Representative 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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City of Atlantic Beach Package Proposal
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ARTICLE 23
UNIFORMS
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
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b.Following six months, additional payments of $54.17 will be paid
monthly within the first pay check of each month.
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.
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City of Atlantic Beach Package Proposal
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ARTICLE 24
MILEAGE ALLOWANCE
24.1Employees 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.
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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 bought 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.
25.3Any 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.
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ARTICLE 26
WAGES
26.1 Effective October 1, 2010 The salary ranges within Exhibit A have been retained at the
October 1, 2008/2009 rates.
Employees that have more than one year of service as of 09/30/10, are in a position that
is considered "year round", working on a scheduled "year round" basis and have
received an evaluation of "Meets Requirements" or above shall received a one-point-one
percent (1.1%) lump sum "appreciation" bonus to be paid on the first pay period in
December 2010. Said bonus shall not count toward pension final average salary
calculation or have employee pension contributions deducted. Bonus shall be based
upon the employee's annual base pay as determined on 09/30/10. Employees with more
than 6 months service as of the date of ratification of this Agreement by both parties,
and are in a position that is considered "year round", working on a scheduled "year
round" basis, shall receive a one point one eight five percent (1.185%) cost-of-living
increase adjustment to their annual base salary upon passage and state approval of
amendments to Atlantic Beach Code of Ordinances, Part II, Chapter 2, Article VI,
employees with six (6) months service, are in a position that is considered "year round",
working on a scheduled "year round" basis, and have received an evaluation of "Meets
Requirements" or above shall receive a one percent (1.0%) increase adjustment to their
annual base salary. Effective October 1, 2014, employees with six (6) months service of
Meets Requirements:
or above shall receive a one percent (1.0%) increase adjustment to their annual base
salary.
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 pay.
- 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.
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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.
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 September 23, 2007 on the date set forth below, the
bargaining unit members' contribution rates was changed to four-point-eight-one-five
percent (4.815%). will be as follows:
1) Effective upon passage and state approval of amendments to Atlantic Beach
Retirement Sys
from 4.815% to 6.09%.
change from 6.0% to 7.0% .
tion rate shall
change from 7.0% to 8.0%.
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
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City of Atlantic Beach Package Proposal
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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:
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.
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City of Atlantic Beach Package Proposal
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* Not to exceed 12% unless required to bring the employee's salary to the
minimum of the new pay grade.
b. Anniversary Date. A new anniversary date will be established as the
effective date of promotion.
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 on the date of ratification of this Agreement, by
both parties, longevity pay will be eliminated as a benefit; however, employees
receiving longevity pay on such date will have their base pay enhanced within
thirty (30) calendar days following such date as follows: a prorated amount of
$5.00 per month per each year of completed service up to a maximum amount of
$100 per month for twenty (20) or more completed years of service as of the date
of ratification of this Agreement by both parties. Employees shall receive an
additional twenty-five dollars ($25.00) per month, for each five years served with
the City as follows:
When applicable, a one time exception to Section 26.1 Maximum Pay will be
permitted for this base pay enhancement.
Years of Service Monthly
Starting Thru Payment
0 5 $ 0.00
6 10 $ 25.00
11 15 $ 50.00
16 20 $ 75.00
21 $100.00
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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 (FS112.0455 & FS440.102).
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City of Atlantic Beach Package Proposal
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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 Any violation of this Article may be grieved pursuant to Article 10 governing the
grievance process up to and including Step Three (3) as outlined in Article 10. Under
no circumstances shall Step Four (4) of the grievance process and/or Article 11
governing binding arbitration be allowed. This provision in no way restricts an
employee's right to file a complaint or claim according to City policy or applicable
state or federal law.
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City of Atlantic Beach Package Proposal
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ARTICLE 29
PROMOTIONAL PROCESS
29.1 Whenever a promotional vacancy exits in the Sergeant classification, the City will fill the
vacancy.
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City of Atlantic Beach Package Proposal
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ARTICLE 3029
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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City of Atlantic Beach Package Proposal
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ARTICLE 3130
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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City of Atlantic Beach Package Proposal
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ARTICLE 3231
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.
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City of Atlantic Beach Package Proposal
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ARTICLE 3332
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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City of Atlantic Beach Package Proposal
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ARTICLE 34 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 2012 2015
or until a successor agreement is ratified. Each party may reopen Article 26, Wages and two (2)
other Articles of their choice in 2010 and 2011 2013 and 2014.
If either party desires to negotiate a successor agreement, it may do so by giving the other party
st
written notice to that effect no later than June 1 of each year.
FOR THE CITY FOR THE ASSOCIATION
_______________________ __________ __________________ _________
Jim Hanson Date Vincent L. Champion
Date
City Manager
President, PBA
George Foster Date
John F. Dickinson
Chief Negotiator
Ratified by Union members on: 11-11-10
Approved by the City Commission on: 11-22-10
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City of Atlantic Beach Package Proposal
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In addition to the contribution changes set forth in Section 26.3 of this Agreement, amend
the Atlantic Beach Code of Ordinances, Part II, Chapter 2, Article VI
-310 as follows:
For members hired on or after January 1, 2013, the age and service
requirements for voluntary retirement shall be age 55 and 10 years or more
of credited service in force; or the age of 52 and 25 years of credited service
in force.
For members hired on or after January 1, 2013, there shall be no early
retirement option.
For members hired on or after January 1, 2013, the credited service
requirement for separation from City employment with entitlement to
deferred retirement shall be 10 years; provided that any member who
attains 10 or more years of service with the City and elects to leave his or
her accrued contributions in the plan shall be entitled to a benefit under the
provisions as set out in section 2-310.7(a) upon attaining normal retirement
age.
For members hired on or after January 1, 2013, termination from City
employment prior to satisfying the 10 year requirement for deferred
retirement under section 2-310.5 shall result in entitlement to a full refund
of his or her accrued contributions, plus interest as determined by the board
of trustees.
For members hired on or after January 1, 2013, subject to section 2-310.14,
the amount of level straight life pension shall be equal to the retiring
.0%
final average compensation.
Amend the Atlantic Beach Code of Ordinances, Part II, Chapter 2, Employee Benefits
2011-216, Laws of Florida (Senate Bill 1128).
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