Item 3E - PBA ContractCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
AGENDA ITEM: Coastal Florida PBA Negotiations 2015-2018 Contract
SUBMITTED BY: Catherine Berry, Esq., Human Resources Director
DATE: August 28, 2015
BACKGROUND: The three-year contract that the City of Atlantic Beach entered into with the Coastal Florida
Police Benevolent Association expires September 30, 2015. The City and Union had three
public negotiation meetings and came to an agreement, pending ratification and Commission
approval on a new contract that benefits both the City and the Union members. The key
provisions in the contract that have been changed are as follows:
Page
11
1
5
22
37
41
41
42
Article
Table of Contents
Agreement
Art. 4
Employment
Guidelines
Art. 13.1 d.
Personal Leave
Hours
Art. 23.7
Uniforms
Art. 26
Wages
Art. 26.2
Wages
Art. 26.3
Wages
Description
Article 29 becomes MUTUAL CONSENT
Changed year to 2015, included "in writing" and deleted
"if appropriate"
Included "sexual orientation" and "gender identity'', as
well as "or any other non-merit factor except where age or
sex is a bona fide occupational qualification for the job
necessary for proper and efficient job performance."
Deleted the first part of the provision to leave the
maximum number of hours= 680.
Added "to include Sergeants assigned to supervise the
units" and added "This allowance shall not include up to
two (2) department polo-style shirts bearing the Atlantic
Beach Police Badge." This just clarifies current practice.
Changed to 1% COLA to pay scale plus 3% merit added
to midpoint, contingent upon approval of the City budget
by the Commission.
Night shift differential= $1/hour for hours worked
between 6 p.m. and 6 a.m.
Delete prior dates and rates so that it reads that employees
will contribute 8% toward their pension.
1
42
43
43
44
Art. 26.7
Wages
Art. 26.9
Wages
Art. 26.9
Wages
Art. 26.11
Wages
AGENDA ITEM # 3E
SEPTEMBER 28, 2015
Reduced FTO additive for PFC and SPO classifications to
7% due to new Career Development Program. Sergeants
and non-PFC or -SPO will receive 10%.
Deleted Acting Sergeant and Lt additive due to new
Career Development Program.
Career Development Program: Adds two new
classifications of police officers (Police Officer First Class
-PFC -and Senior Police Officer-SPO) and outlines the
promotional opportunities.
Deleted reference to end of longevity pay.
45 Art. 28.1 Added "local" law, "gender identity and sexual
Anti-Discrimination orientation", as well as "or any other non-merit factor
except where age or sex is a bona fide occupational
qualification for the job necessary for proper and efficient
job performance."
45 Art. 28.2 Added "local" law
Anti-Discrimination
46
51
Art. 29
Mutual Consent
Article 34
Duration of
Agreement
Added this due to new law: Chapter 2015-39 re: pension.
100% of the accumulated excess premium tax revenues
will be utilized to fund the unfunded liability of the Police
Pension Fund until it is fully funded.
Changed dates and signatories.
COAB package Deleted entire page.
proposal
Attach A Current Pay Scale
BUDGET: Included in 2015-2016 City Budget
RECOMMENDATION: That the Mayor be authorized to sign the attached three-year (2015-2018) agreement
with the Union, contingent upon approval of the budget by the Commission.
ATTACHMENTS: City of Atlantic Beach and Florida Coastal PBA Contract for 2015-2018.
REVIEWED BY CITY MANAGER: --Lf~VC?Let2~
2
AGREEMENT
b etween
COASTAL FLORIDA
POLICE BENEVOLENT ASSOCIATION
AND
THE CITY OF ATLANTIC BEACH
AGENDA ITEM# 3E
SEPT EM BE R 28,201 5
TABLE OF CONTENTS
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
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/.............. . . . . . . . . . . . . . . . . . . . . . . . . . 8
Article 7 PROBATIONARY EMPLOYEES AND SENIORITY . . . . . . . . . . . . . . 9
Article 8 RULES AND REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Article 9 DISCHARGE AND DISCIPLINE .............................. 12
Article 10 GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Article 11 ARBITRATION PROCEDURE ................................ 18
Article 12 HOLIDAYS ................................................ 20
Article 13 PERSONAL LEAVE HOURS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Article 14 LEAVES OF ABSENCE WITHOUT PAY . . . . . . . . . . . . . . . . . . . . . . . 25
Article 15 MILITARYLEAVE ......................................... 26
Article 16 BEREAVEMENT LEAVE .................................... 27
Article 17 HOURS OF WORK AND OVERTIME .......................... 28
Article 18 INJURY IN THE LINE OF DUTY .............................. 30
Article 19 TUITION AID ............................................. 32
AGENDA ITEM# 3E
S!o;PTEMBER 28,20 15
Articl e 20 INSURANCE ............................................... 34
Artic le 21 SAFETY AND HEALTH ...................................... 35
Arti cle 22 BULLET IN BOARDS ........................................ 36
Article 23 UNIFORMS ................................................ 37
Ar ti cle 24 MILEAGE ................................................. 39
Art icl e 25 LEGAL SERV ICES .......................................... 40
Artic le 26 WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1
Arti cle 27 ALCOHOL AND DRUG TESTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Artic le 28 ANT I-D ISCRTMTN ATI ON .................................... 46
Article 29 SAV E FOR JiUTlJRE U8EMUTUAL CONSENT ................... .
I I
A1iicle 30
A1iicle 31
Article 32
Aliicle 33
A1iicle 34
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
4
7
AMENDMENTS ............................................. 48
SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
SEVERABILITY ............................................. 50
ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
DURATION OF AGREEMENT ................................. 52
11
AGREEMENT
AGENDA ITEM 113E
SePTEM 8Ett 28, 2015
Th is Agreemen t is entered into thi s __ day of 201J~ between the
City of Atlant ic Beach, hereinafte r refe rred to as the Public Employer, or City,
and the Coastal Flo ri da Pol ice Benevolent Association, In c., here in afte r referred
to as t he 1\.ssoc iation . rt is t he inten t and purpose of this Agreement to assure
so und and mutu a ll y benefic ia l working relationships between th e parties hereto ,
to provide an orde rl y and peaceful means of reso lving mi s und erstandin gs or
di tTerences which may ari se a nd to se t fbr th basic a nd full agreement between
the pa rti es co ncerning wages, hours and other conditions of employment
enumerated herein . There sha ll be no indi vid ual arrangements or agreements
cover in g any part or a ll of this Agreemen t co ntra ry to the terms provided herein
without coord inat ion wi th and approva l by the above pa11ies, in~~~ropriate
writing . Jt is mutu a ll y lmdcrstood and declared to be the public po li cy of th e
Public Em ployer and th e Association to promo te h arrn oniou s and cooperative
relationships between the Public Emp loyer and the Association and to protec t
the public by assu rin g, at a ll tim es, the orderly a nd unin terrupted operations and
func ti on s or gove rnment.
Whenever a male pronoun is used in thi s Agree ment it sha ll be construed to
inc lu de referen ce to both sexes.
ARTICLE 1
RECOGNITION
AGENDA ITEM # 3E
SEPTEMBER 28, 2015
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 Ceiiificate 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 fmiher understood and agreed that the Association Staff Representative of
record (who is the ceiiified 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.
2
ARTICLE2
PAYROLL DEDUCTIONS AND DUES
AGENDA ITEM# 3E
SEPTEMBER 28,2015
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 thi1iy (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 conect 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 thi1iy (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 thiliy (3 0) 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.
3
ARTICLE 3
NO STRIKE PROVISION
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
3.1 The Association and bargaining unit members shall have no right to instigate,
suppmi, 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.
4
ARTICLE 4
EMPLOYMENT GU I DELINES
AGENDA ITEM 113[
SEPTEMBER 28,2015
4.1 a. The Assoc iatio n, it s representatives, members or any persons actin g on
th eir beha lf agree that th e following "unl awfu l ac ts" as defin ed in Chapter
447, Florida Statutes are prohibited ;
1) Sol icitat ion of pub li c employees durin g wor kin g hours of any
empl oyee who is in vo lve d in the sol icita ti on; or
2) Di stributin g literature durin g wo rki ng hour s in areas where th e work
of th e publi c employees is perform ed such as offi ces, wa rehouses,
schoo ls, police s tat ions, fire stati ons and any s imil ar public
install at ions.
b . Th e circ ui t co urt s of the state shall ha ve juri sdiction to enfo rce th e
prov is io ns of this sectio n by injun cti on an d contempt p ro cee din gs if
necessa ry. A pub li c employee who is conv icted of a v iola ti on of any
provision of this sec ti on may be di scha rged or otherwise discip lin ed by th e
Publi c Empl oyer notwithstanding f ur th er provisions of thi s or any oth er
ag reement.
4.2 The Publi c Emplo yer and Association agree th at the bas ic i ntent of th is
Agreement is to prov id e a fa ir day's work in return fo r a fa ir da y's pay and to
pr ov id e co nditio ns of e mpl oyment su it ab le to main ta in a co mp etent work force.
Th e Pub lic Empl oyer and Association a ffirm th e joint opposition to any
discriminatory pract ices in co nn ecti on with emp loymen t, promotion, t rainin g or
ass ignm ent ; remembering th at the pub li c int erest requ ires f ull utili za tion of
emplo yees' sk ill s and ability wit hout rega rd to race, co lo r, age, creed, reli gion,
na tiona l ori gi n, uni on afti liation or non-union affi li at ion, handi ca p, sex, sex ua l
orientation, gender identity. er-marital statu s, or anv other non-m e rit factor
except where age or sex is a bona fide occupational qual ificat ion fo r the job
necessa ry for proper and efficient lob performance . /\ny com pl a int or issue
concernin g discrimin ation or d iscrimin ato ry prac tic es sha ll be addressed and
handl ed purs uant to Article 28 of thi s Agreement.
5
ARTICLE 5
MANAGEMENT RIGHTS
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
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 perfmmed, 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 cmiail or discontinue temporarily or permanently, in whole or
in pmi, operation whenever in the opinion of the Public Employer good business
judgment makes such cmiailment or discontinuance advisable; to hire, lay-off,
assign, transfer, promote, demote, and dete1mine 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 ove1iime 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 m·e
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.
6
AGENDA ITEM # 3E
SEPTEMBER 28, 2015
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 Depmiment 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 fi:om exercising the same in some other way, provided such do
not conflict with the express provisions of this Agreement.
7
ARTICLE 6
SPECIAL MEETINGS AND ASSOCIATION TIME POOL
Special Meetings:
AGENDA ITEM # 3E
SEPTEMBER 28, 2015
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 f01ih 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 pruiies in
writing. The meeting shall take place at a time and place mutually agreeable to
by the pruiies. The Association shall have the right at these special meetings, to
make recommendations to the Public Employer to improve depruiment
operations and resolve problems identified by the Association.
8
ARTICLE 7
PROBATIONARY EMPLOYEES AND SENIORITY
AGENDA ITEM # 3E
SEPTEMBER 28, 2015
7.1 All employees shall be classified as probationary employees for the first twelve
(12) months of continuous uninten·upted 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 bilih, with the
employee with the lowest numerical day of bi1ih 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 Depmiment as a full-time, sworn law enforcement
officer. Authorized paid approved leave shall not reduce the officer's seniority
and seniority shall compute from the date hired as a full-time, sworn law
enforcement officer in accordance with applicable State and Federal Laws. Any
unpaid leave shall be in accordance with applicable state and federal laws, i.e.
Military Leave or FMLA.
7.3 Classification Seniority:
Classification Seniority shall begin with the most recent service in the
employee's classification, (e.g. Officer, Detective or Sergeant). Employees shall
not attain seniority until the completion of the probationary period in their
classification (probation is defined in A1iicle 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.
9
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
b. Position Elimination. If a sergeant's or detective's position is eliminated or
abolished, the sergeant or detective will return to the position previously
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. Te1mination
d. Failing to return to work from authorized leave of absence
10
ARTICLE 8
RULES AND REGULATIONS
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
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.
11
ARTICLE 9
DISCHARGE AND DISCIPLINE
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
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 dete1mining the appropriate
discipline, which may include a warning, suspension or immediate discharge.
Employees are not entitled to a pmiicular 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 A1iicle 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;
1. Failure to immediately report vehicle accidents involving damage to any
City propeliy;
J. Conduct that could bring discredit to the Employer;
12
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
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 pe1jury or a false statement, or a
misdemeanor evidencing bad moral character;
1. 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
and shall not be deemed to exclude management's right to discipline, or
discharge, employees for any other cause.
9.3 Failure to discipline an employee for violation of these rules, regulations, and/or
standard operational procedures shall not affect the right of the City to discipline
the same or other employees for the same or other violations of the same rules,
regulations, and/or standard operational procedures.
9.4 The City may use progressive discipline keeping in mind the officer's previous
records and the ability to use training as a means to conect 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 te1ms of punishment for similar or like offenses. Steps within a
progressive discipline system that should be considered are:
13
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
a. Counseling. Does employee understand rules, policies, etc., and what is
expected of them? Such action may or may not be documented in writing;
however, the supervisor should maintain a record (date/time/subject) of
counseling. This action does not constitute official disciplinary action and is
considered as an administrative action.
b. Written Warning. Places employee on notice that fmiher acts will result in
more severe disciplinary action. Such action must be documented in writing
by use of an official Employee Counseling Form and may, or may not, be
placed in employee's official personnel records. This action does not
constitute official disciplinary action and is considered as an administrative
action.
c. Official Reprimand. Written action that is placed within employee's official
personnel records. Such action should be documented, in writing, by use of
official Employee Counseling Form.
d. Suspension. Normally, the final step in the disciplinary process prior to
termination. Such action must be fully documented and should be
coordinated with the Human Resource Manager prior to implementation.
e. Demotion. Depending on circumstances, it may be appropriate over
removal. Such action must be fully documented and should be coordinated
with the Human Resource Manager prior to implementation.
f. Removal (same as termination). The most severe disciplinary action. Such
action must be fully documented and should be coordinated with the Human
Resource Manager prior to implementation.
9.5 Florida State Statute 112.532, (the Law Enforcement Officers' Bill of Rights as
amended from time to time) shall apply whenever a law enforcement officer is
under investigation and subject to interrogation by members of his/her agency for
any reason which could lead to disciplinary action, demotion or dismissal.
Florida State Statute 112.533 shall be complied with for the receipt and
processing of complaints received.
9.6 Employees shall be notified at the earliest practicable time following the request
by a private citizen to review the personnel file of the employee.
9.7 Files maintained by the Internal Investigation Division will be purged by
applicable State and Federal Laws.
9.8 The City will comply with Section 119.07 of the Florida Statutes and will not
release information of members of the Bargaining Unit unless allowed by law. It
shall be the right of any officer, at any reasonable time to inspect and request a
copy of his/her personnel records and completed internal affairs files.
14
ARTICLE 10
GRIEVANCE PROCEDURE
AGENDA ITEM # 3E
SEPTEMBER 28, 2015
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
A1iicle.
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 Depmiment 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 stmcture of the Police
Depmiment, 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 infmmation:
a. The specific A1iicle and Section of this Agreement alleged to have been
violated by the Public Employer;
b. A full statement of the grievance, giving a description of the facts and dates
and times of the events involved in the alleged violation, and the specific
remedy desired by the grievant;
c. Signature of grievant, or Staff Rep. if grievance is being submitted by the
Association , and date signed; and,
d. Designation letter signed by the grievant, if applicable, designating any
representative appointed to represent them during the grievance process.
15
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
Failure of the grievant to comply with this section shall make the grievance null
and void.
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 ( 1 0) 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 (1 0) 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 (1 0) working days of the
response under step 1 present the grievance in written form (in compliance
with Article 1 0.4) 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 ( 1 0) 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 ( 1 0) 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 ( 1 0) working days
16
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
after the date the grievance was received by the City Manager, or from the
date of the meeting, if conducted.
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 (1 0) 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 te1m "work days" as used in this Article include days that the City Hall is
open for business (excluding authorized absences of either party). For the
purpose of calculating time limits, the day on which a grievance, or a reply by
management to a grievance, is received, shall not be counted. Failure of
management to observe the time limits for any step in the Grievance Procedure
without a mutually agreed written extension of time shall entitle the grievant (or
the Association in the case of Step 4) to proceed to the next Step of the
Grievance Procedure as outlined in this Article. Failure of the Association to
observe the time limits for any step in the Grievance Procedure without a
mutually agreed written extension of time shall terminate the grievance.
17
ARTICLE 11
ARBITRATION PROCEDURE
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
11.1 Whenever the Association requests arbitration in accordance with the provisions
of A1iicle 10, the parties shall within ten (1 0) 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 altemately 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
te1ms 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 concems disciplinary
measures (including discharge) taken against one or more employees, the
Arbitrator is only empowered to pass upon whether the employee or
employees concemed actually committed, patiicipated 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 dete1mination being solely a managerial prerogative. If the Arbitrator
finds that the employee has not committed, participated in, or was not
responsible for, the act of misconduct for which he has discipline, the
Arbitrator has the power to make the employee or employees whole,
including ordering back pay (less compensation received from any other
sources) for time lost, and reinstatement when applicable.
11.3 There shall be no appeal from the Arbitrator's decision; it shall be final and
binding on the Association and on all bargaining unit employees and on the
Public Employer, provided the Arbitrator's decision is not outside or beyond the
scope of the Arbitrator's jurisdiction, or is not in violation of public policy. The
18
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
authority and responsibility of the Public Employer, as provided by Florida
Law, shall not be usurped in any matter.
11.4 The Arbitrator will charge the cost of his services to the losing party of each
grievance. Each side will pay its own representative and witnesses. The cost of
a court reporter and the transcription fee shall be paid by the party requesting
the court reporter and/or a transcription of the proceedings.
19
ARTICLE 12
HOLIDAYS
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
12.1 The following are recognized as holidays under the terms of this agreement:
New Years Day
Mmtin Luther King's Biithday
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Christmas Day
Any day that the City Commission may designate
NOTES:
January 1st
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
1st Monday in September
November 11th
4th Thursday in November
Friday after Thanksgiving
December 24th
December 25th
For union members that work shifts, Holidays shall be observed on the actual date that they
occur.
For union members that work a Monday through Friday workweek:
Whenever Christmas falls on a Saturday, Christmas shall be observed on the preceding
Friday with Christmas Eve observed on the preceding Thursday.
Whenever Christmas falls on a Sunday, Christmas shall be observed on a Monday with
Christmas Eve observed on the preceding Friday.
Whenever Christmas falls a Monday, Christmas shall be observed on Monday with
Christmas Eve observed on the preceding Friday.
12.2 Not Scheduled to Work a Holiday:
Employees who are not scheduled to work on the observed holiday shall receive at the
discretion of the Public Employee either eight (8) hours pay at the employee's regular
straight time hourly rate of pay or eight (8) hours of compensatory time, at the straight
time rate.
20
12.3 Scheduled to Work a Holiday:
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
Worked the Holiday. Employees whose work shift starts on the holiday shall receive
Holiday pay equal to their scheduled shift (8, 10, 12, etc. hours), plus be paid the
employee's regular hourly rate of pay, or provided compensatory time, hour-for-hour,
for each hour worked during 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 cettificate, or other
paid absences excused by the Chief of Police. Employees must be expected to retum 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 The accrual and payout of compensatory time under this Section shall be governed by the
provisions of Atticle 17.
21
ARTICLE 13
PE RSONAL LEAV E HOURS
ACENDA I TEM fi3E
SEPT EM BI!:R 28,201 5
13.1 Th e ''Pe rs onal Leave Ho ur s " co ncep t is adv an ce ment from th e tradi ti o nal
vacati on a nd s ic k leave sys tem.
a. Wh en a Perso nal Leave llo ur is used for i.lln ess or other emer ge ncies,
employees are req uir ed to notify th e on-duty sup erviso r, o r i f he/s he is
un ava il able th e Com muni ca ti o n Ce nt e r of th e nature of the illn ess or
emerge ncy a t lea st o ne hour prior to th e s tart of th e emp loyees shift.
Wh en an e mp loyee is planning to usc Perso na l Lea ve o r Co mpe nsa to ry
Time off, he mu st s ubmi t his request fo r the leave in wri ting to the P oli ce
C hi ef, or hi s designee, a t leas t fo urtee n (14) ca lendar d ays, prior to the
first day of th e int e nd ed abse nce . Th e Chi ef o f Police, o r hi s des ignee,
sha ll respond to th e requ est within seven (7) days, not in cluding Saturd ay,
Sunday, or holid ays, of r eceipt of th e reque st. Approva l of th e leave may
be denied if in th e di scre tion of th e Chi ef, or hi s de signee , s uc h leave
wo uld pose an undue di srupti on o f the departm ent.
T he em pl oyee's sup er visor may app rove any leave wit hout fourt ee n (14)
days prior not ice so long as the e mpl oyee is no t absent for more th an forty
( 40) ho urs . The grantin g or denia l of thi s r eq ues t sha ll be the di sc reti on of
th e Di vis ion Co mmand er of the wo rk s hift t hat is affected.
b. Min imum unit s c harged aga in st Perso nal Le ave under secti ons 13.1 a shall
be in in c rement s of fifteen (1 5) min utes or more.
c . For Perso nal Leave hours used for illness, the Ci ty al ways retains t he right
to req uire medica l d oc umentation of th e ill ness.
d. Bffeeti¥e-On IRe date of-ratifi€ffiten of the Agreement by both pa11ies (the
"effeeti're dale", the ma}t imunl number of pers&na l lea,•e hew·s which may
be accrued a1~ed forwal'€1-te th&--follewi-ng fiscal year i HW-h~
Wi thin thi11y (30) oa l efldar days from the effective da~e-wf\e
has exeeeded the limit of 680 hours '>'iill receive a buyout of aeerued
personal leave fer a ll hours that exceed the-Revl maximum-aeeftled limit o f
680 hours . Thereafter, tihc ma ximum numb er of persona l leave ho urs
whi ch may be accrued and ca rri ed forward to th e follow ing fiscal yea r is
68 0 hours.
22
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
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
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 resign with at least two (2) weeks' prior written
notice of resignation to the City Manager, are laid off, or who retire shall
be paid for up to 680 unused personal leave hours 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 accmed (up to a
maximum of 680 hours).
(2) Employees hired by the City before October 1, 2012, with less than
ten (1 0) years of completed service on the date their employment ends
shall be paid out 50% of personal leave hours accmed (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 accmed (up to a maximum of 680
hours).
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.
23
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
13.3 Effective on the date of ratification of this Agreement by both parties personal
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:
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
24
ARTICLE 14
LEAVES OF ABSENCE WITHOUT PAY
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
14.1 The City shall confmm to the Family Medical Leave Act (FMLA) with FMLA
eligible employees entitled to leave per a twelve (12) month period for the
periods and reasons as specified in the FMLA.
14.2 Leaves of absence without pay may also be granted for other reasons deemed
acceptable to management other than those covered in under the FMLA.
14.3 All leaves, with or without pay, should be requested by the employee in writing
and should be approved in writing before becoming effective.
14.4 Requests for Military Leave shall be submitted in accordance with Article 15.
14.5 Any approved Leave Without Pay (LWOP) shall become effective only after the
employee has utilized all available paid leave and compensatory time to which
they may be entitled.
14.6 An employee's starting date will be adjusted for leaves of absence without pay,
unless restricted by State or Federal law.
25
ARTICLE 15
MILITARY LEAVE
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
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.
26
ARTICLE 16
BEREAVEMENT LEAVE
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
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.
27
ARTICLE 17
HOURS OF WORK AND OVERTIME
AGENDA ITEM # 3E
SEPTEMBER 28, 2015
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 pe1mits 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 Yz) 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 (1 00) 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 (1 00)
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 nmmally 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, Alticle 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 eamed by
the employee at the time the employee receives such pa~ment. Note:
28
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
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 ofthe employee's normal scheduled hours due to
emergency situations such as hurricanes, tomadoes, civil disorders and other
like matters as declared by the Chief of Police, will be compensated for at the
rate of one and one-half (1 Y:z) times the employee's regular hourly rate of pay.
17.7 When an employee is required to appear as a witness at a deposition, trial, or
hearing on a pending criminal, civil, or traffic case or as a witness in a pending
depmimental 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 employee's regular 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 fumished 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 ove1iime 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.
29
ARTICLE 18
INJURY IN THE LINE OF DUTY
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
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 (1 00%) of an employee's average daily earnings for
each regularly scheduled work day missed beginning with the first
calendar day of the authorized disability, and continuing through the
seventh calendar day of the authorized disability. However, in no case
shall these payments and those paid through Workers' Compensation
exceed the employee's nmmal net salary. Any amount paid by the city to
the employee who is subsequently paid by Workers' Compensation shall
be reimbursed by the employee to the city.
b. An employee sustaining a lost time injury under this Article may use
accumulated Personal Leave days to cover the time off the job due to an
injury until he is compensated by Workers' Compensation. Personal
Leave days can be used to supplement that percentage (33 1/3%) of his
pay which is not covered by Workers' Compensation. The request to
allow the employee to do the above must be made to the Chief of Police in
writing.
18.2 In addition to the benefits afforded under section 18.1 (a), an employee,
subsequent to exhausting all Personal Leave days, may be awarded special
benefits by the city if special circumstances are found to exist in the sole
opinion of the City Manager. But such payments shall not, when added to
Workers' Compensation benefits, total more than the nmmal 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 m
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.
30
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
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 dete1mine whether the
employee should be continued on such leave or returned to duty.
18.4 In the event that an employee fails to return to work due to a disagreement
between medical doctor(s) for the employee and the city, then the city shall
select a third, duly qualified medical doctor who shall resolve the medical
disagreement. This medical examination shall be at the employee's expense. In
resolving the disagreement between the employee's doctor and the city's doctor
the decision of the third doctor shall be final and not subject to grievance.
18.5 Where injury is caused by the knowing refusal of the employee to use a safety
appliance provided by the City, the Workers' Compensation benefits shall be
reduced twenty-five percent (25%). Failure to obey safety regulations or to use
safety devices shall result in disciplinary action, up to and including discharge.
31
ARTICLE 19
TUITION AID
AGENDA ITEM # 3E
SEPTEMBER 28, 2015
19.1 Any full time employee who has completed the initial probationary period will
be eligible to take courses which are approved in advance by the Police Chief as
being law enforcement related or for career development. Upon successful
completion of the course, the city shall reimburse the employee as follows
Reimbursable Items. An employee who successfully completes an approved
course where grades are assigned with a grade of "C" or better, or obtains a
satisfactory completion ce1iificate when grades are not assigned will be
reimbursed 100% of the tuition, lab fees, registration fees, and costs for books.
Any member attending courses toward a Master's Degree may be reimbursed up
to 100% at the sole discretion of the City Manager.
Non-reimbursable items. 100% of the costs of supplies, transportation, parking,
equipment, plus all other fees not listed in this article will be the responsibility
of the employee.
The employee must present written evidence of completion of the course and
the grade achieved to validate payment from the employer. The employee shall
supply the Chief of Police with written notice of the course(s) to be taken,
information on the course(s) content and the cost of each course, and receive
approval prior to registration for the course(s) which the employee is requesting
reimbursement.
19.2 An employee who does not remain with the City for a minimum of one (1) full
year after completion of a course for which he has received education assistance
shall repay the reimbursement to the city at the rate of 11li11 of the total
received for each month remaining on the 12 month commitment.
19.3 Should there be no funds available from the City Training Fund the City will
not be required to reimburse the employee under Section 19 .1. The City will
advise the employee before the employee takes a course if the City anticipates
that no funds will be available.
19.4 In the event the employee is eligible for tuition aid from any other source, such
as, but not limited to Veteran's Benefits, the payments due under this miicle will
be reduced by the amount ofbenefits 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:
32
Degree
Associates or documented evidence
of eligibility for an Associates Degree
Bachelors Degree
33
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
Monthly Amount
$ 50.00
$ 100.00
ARTICLE 20
INSURANCE
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
20.1 The City agrees to provide employees with a group term life insurance policy
providing for coverage equal to the annual salary of the employees, but not to
exceed $50,000. The City agrees to pay the premiums for the employees'
coverage for such insurance.
20.2 The City agrees to provide employees with the basic health insurance group
program as offered to other City employees. The City agrees to pay the same
amount of premium for the same insurance coverage for bargaining unit
members as it does for other City employees. Dependent coverage for medical
and other insurance offered by the City will be available by payroll deduction at
the employees' expense.
34
ARTICLE 21
SAFETY AND HEALTH
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
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.
35
ARTICLE22
BULLETIN BOARDS
AGENDA ITEM # 3E
SEPTEMBER 28, 2015
22.1 The Association may be pennitted 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, repmis 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 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 Depmiment may post training, promotional, or transfer information on these
boards. Such material shall be removed from the boards within five (5) days of
expiration.
36
ARTI CLE23
UN IFO RM S
AGENDA ITEM 113E
SEPTEMBE R 28,2015
23 .1 T he C ity wil l furni sh all sworn barga inin g unit empl oyees who a re req uired to
wear uniform s in the performance of their duties with uniform s and equipm ent
app roved for the ir use.
23.2 The City wi ll replace or repair th e a bove it ems as th ey beco me torn , worn or
un servic eabl e due to th e performanc e of t he e mpl oyee's official duty . Any
cla im for a repair or rep lacement und er thi s Secti on mu st be acco mpan ied by a
wr itt en explanat io n to the em pl oyee's sup ervisor, setlin g forth th e ci rcum stan ces
necess itatin g the rep lacemen t o r repair. The torn , worn , or un serv iceabl e it e m
s hall be prese nted to the Chief or Poli ce or hi s des ignee for in spection a nd
determin at ion as to whether the it em shou ld be rep laced or repaired. It shall be
th e decis ion of the Chi ef of Poli ce or hi s designee as to wheth er the item sh all
be rep laced or rep air ed.
23.3 Any employee who damage s, dest roys, or loses any furn ished arti cle of uniform
due to ca reless ness or neg li ge nce wi ll re pla ce th e article (o r at th e sati s fa cti on of
the C it y repair) th e at1i clc a t hi s own expense, or s uch cost of rep la ce ment s ha ll
be dedu cted from th e employe e's pay.
23.4 T he emp loyee sha ll wea r th e art ic les of th e un iform prov id ed in Sect ion 23.1
on ly for offic ial C ity busines s o r as oth erwise authori zed by the Chief of Police.
23.5 Up on termin ati on of empl oyme nt fo r any reaso n, th e e mp loyee sha11 return to
the Cit y a ll a t1icl es o f th e uniform i ss ued by th e C ity or be required to pay for
s uch articles prior to rece iv in g hi s fin a l pay check or have th e cost of the it e ms
not tu rned in deducted from the em pl oyee's Jinal pay check.
23.6 T he City agrees to provide for th e c le an in g of uniforms sets (sh irts and pa nt s)
per employee per qu arte r as authori zed and funded fo r wi thi n th e ann ual
approved bud get.
23.7 The c ity shall provid e for the Detec ti ves and Crim e S uppression Unit memb ers
covered by thi s agreemen t. to includ e se rg ea nt s assigned to s up ervise th e unit s.
a c lo thin g all owa nce of six hundred and fifty doll ars ($650.00) per yea r to be
paid as indi cated belo w. T his a llowan ce s hall not in c lud e up to t wo (2 )
depart men t polo sh irt s bearing the Atlantic Beach Po li ce Badge.
a. A n initi al payment for th e firs t two qu a11e rs in the amount of a $325
clothin g all owa nce s ha ll be paid within fo urt ee n (14) da ys of th e
em pl oyee's initi al ass ig nm ent as de tec ti ve.
37
AGENDA ITEM # 3E
SEPTEMBER 28, 2015
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 occmTed 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 fmih 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.
38
ARTICLE 24
MILEAGE ALLOWANCE
AGENDA ITEM# 3E
SEPTEMBER 28,2015
24.1 Employees directed by the Chief of Police or his designee to use their private
automobiles for City business, shall be compensated at the I.R.S. Mileage Rate.
39
ARTICLE 25
LEGAL SERVICES
AGENDA ITEM # 3E
SEPTEMBER 28, 2015
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 oflaw, to the Public Employer, no
less than ten (1 0) working days before the actual filing date, provided the
lawsuit affects or is related in any manner with the Public employer.
25.3 Any employee involved in an accident with a vehicle owned by the Public
Employer, and said accident is the result of equipment failure or defect and the
defect was such that a reasonable and prudent person would not have noticed or
become aware of the defect, shall not be held accountable by the Public
Employer or results thereof. Any equipment failure or defect must be reported
at the time of the accident and included in the vehicle defects section of the
report. Neglect by the employee to notify his supervisor of any defect in the
vehicle will make this provision null and void.
40
ARTJ CLE 26
WAGES
AGENDA ITEM H JE
SEI'TEM BER 28,2015
26.1 2&.-1--T he cur ren t sa la ry ranges are s hown wi#l in Exhibit A-llfwe
been retained at the-Q eto ber I, 20 12/20 1.;.
EITe ct ive Oc tober I , 2 0 15, th e re will be a I% COLA in c rease to the pay sca le upo n
!!QJ)rova l or the C ity budget by the Co mmiss io n.
e mployees wit h m~fe-HHIH-6-metH~IS serv ice as of ~~~te of rat-i+i*t io n or th is
Agreement by both par~ies, and are in a posi ti on that is eo ns idered "year ro und",
werlttflg Ol'l a se hed!oHeel "yea r ro und" bas is, sha ll reeei\•e a o ne p o in~e--1:li gl~l fi•,•e
~11 ( 1.18 5%) eost~f livin g i n er ease-aejttst-~nent to th&tr annua l base !'a la i)' up on
'j)~e and s tate RIJ I>Fewt l of amendn'lents to At lantic Beaeh-Gede of Ordinances, Part
.J+;-bhttpter 2, Article VI , See ti on 4 (''Po li ee Officers' Retirement System"). ~rl'ee tiv e
Gel.eber I , 20 13, em,Jloyees-with s i~, (6) 1oonths sen ·iee , are in a position-t-kat-ts
eotlSi det:ed "year rou nd ", werlt-ing on a se h~~ed "year rotmd-!!--&~nd ha't'&-re~i-vee
an eva ltttttie~~iFen1en t s " or aheve shal l rece iv e a one-vereent f-~
in crease adj-ttstmenl to th e ir Allfillal ease sa lary. t.;ITeet i\•e Oetebel'---i, 20 14, emf}l~
-wt~h-s-j*f6)-t-net 1th s seP1iee oi4-He-dat e-eH:ali+iCfl l-i e n, are in a posit it}IHi-lat is eollS i<~ered
~r rounel ," worlcing on a -sehedttl ~t:-f~HttHf '----l>asi5;--aoo-hu'll e reeei'lled-fttl
e¥-Aiuation of "'Meets Requiremen ts" o r above sha U-reoeive a o~e reenl ( I.0%3
ffiet ·ease adjustffiett~ to th e itcannual base sa lary.
effeeti¥e October I' 2013 , A fixed AIHOtllll w il+-he-edded 10 eaeh~IHfH~
annual sa lat)· fo l'-ltrFte in th eir mos t-e urrent J30Sitien as ofOetober I , 20-1.;.,-
1 year as of Oe te ber I , 20 13 $200
2 years as of Oc tober I , 2013 $400
3 years as ofOetoeer I , 2013 $600
4 years as o f October I , 20 13 $800
---------~-e-Hliei·e-yefH·s as of Oeteeer I, 20 13 $1 ,000
Effe cti ve October I, 20 13-2, e mpl oyees w ith s ix (6) mont hs servi ce as of October
I, 20 13-2, are in a po s iti on tha t is co ns id e red "yea r round ," worki ng o n a
schedu leg "year ro und " ba s is , and have rece iv ed an eva lu atio n of "Me ets
Re quirements" or ab ove s hall receive a me rit in c rease of2-J_% of mi dpo int.
13 mp leyees that have met or eneeeded the ma x inwm o~t heir PE!Y range will not
be-eligia le for th e fb<ed am ount fer+tme in positioll-:-&nttJo)'ees that hnve met or
e"eeeded the maKitnuRY-Of thttlu?ay range ·,vith s ix (6 )-nl en th s ser>ri ee as of
Geteber I, 20 13, are in a pes+~toft.-.t.Ha.f-is-oons+dered "'t'ear rm+ndf!.-worlffitg:-&!1-8
4 1
AGENDA ITEM IJ 3E
SEPTEMBER 28, 2015
sel-le&Hi e "year rmmQ!!...-.basis;---and-hfwe reeei.,·ed an eYa~~atio l'l of '·Me~
Requiren~enls·' Ol!..fl~eve sha ll reeeive a enekifl&-meril bonus of2% of mi~-:
Evaluations: If a n emp loyee does not receive at least a ''Meets Require ments"
overa ll eva luation, they sha ll not rece ive a pay adjustment and th e s up ervisor may
take actio n to te rmi nate the emp loyee or the emplo yee may be counseled, placed
in a 90-day improve ment pe ri od, a nd reeva lu ated in accorda nce with the C ity's
pe rfor mance eva lu ation prog ram guidelines .
Minimum Pay: In no case sha ll an e mpl oyee's pa y be set below th e minimum
estab li shed for the grade of the e mpl oyee unle ss the empl oyee rece ive s Joss th an a
"Meets Requirem en ts" ove ral l evaluation.
Maximum pay. In no case s ha ll a n e mployee receive a pay inc rease that wou ld
res ult in the emp loyee's pay exceedin g the maximum pay for th e grad e of the
position to whic h the e mplo yee is ass ig ne d .
Bonuses. Emp loyees of th e ba rga in ing unit are elig ibl e to re ceive a bonus based
up on perfo rmance in accorda nce wit h the City's performance evaluation program
guid e I in cs.
Ap pli ca bility. Pa y adj ustments w ill onl y be p rovided to individua ls who are
emp loyees o f the C ity on the date that th e Union co ntrac t is finally approved by
th e C ity Comm ission.
l'ay Ranges. T he pay grades and sa la ry ranges for c lassificatio ns withi n the
bargaining unit arc in co rp orated here in as Exhibit A.
26.~2 Effect ive October I , 2015, a $1.00 per hou r Sh ift Diffe ren tia l w ill be added to th e
pay of a ll Po lice omccrs a nd Sergean ts who wo rk between the hours of 6 :00 p.m . to
6:0Qa.m .~
26.3 The C it y s hall ass ume th e respons ibility for cert a in pen s io n contributi o ns for barga in in g
un it membe rs. frfeet i·;e on t he da le set fert h be lew;--tihe bargai nin g uni t members'
contribution ra tes wi ll be as fol lows:8%.
I ) Gffeetit.·e up on passage and slate-app~f-ame1~dmen ts to At la ntie 13eaoo
~t'El-i-Aa-n ees, Pari II, C h apt-e-~ft..i e.le VI , S~l-4-(''Po liee Offieers!
Re t iremen t System"), bargai ning wtit-fflembers' eonk'i,eutio n rate s ha-ll ehange
ff&t11 4.815% IO 6.00%.
42
AG~t;N OA I T I~M #31!:
SEPTE MBE R 28,201 5
~~ Ef17eet ive Oct-eber I, ~0 13, bargaining unit members' eon t t-fmtl.i&~Hate sha ll eha nge froffi+.G%
to 7.0%.
3) 6ffee tiv e Oetober I , ~G ~f'gfl'itting unit me tllbers' eontr i butie!H'ilte
!YHaH ehanJ!;e from 7.0% to 8.0%.
26.4 Any Po lic e O ffi cer covered by this Ag ree ment who is ass ig ned by th e Chi ef o r Po li ce
to wo rk in th e Inv es ti ga ti ve Divi s ion o r Cr im e Suppress io n Unit as a detec ti ve sha ll
rece ive pay at a ra te te n (I 0%) perce nt above the e mpl oyee 's regul ar hourl y rate of pay.
Suc h perce ntage shall not be add ed to the base pay but sha ll be in add it ion to th e base
pay a nd appl y to a ll pay, ove rtim e, co mp e nsatory tim e pa id , etc. rece ive d by th e
officer.
26.5 Any Po li ce Office r or Se rgea nt covered by thi s Ag reeme nt who is ass igned to wo rk as
a Detecti ve in th e in vest iga ti ve Div isio n or th e Crim e Suppress io n Unit (CSU) shall
have th e ir t it le c hanged to Detecti ve and sha ll rece ive a n annual clothin g a ll owa nce of
s ix hun d red fifty do ll ars ($650 .0 0) in acco rd ance with Artic le 23.7.
26.6 An y empl oyee cove red by thi s Agree ment who is ass ig ned as a Pa trol
In ves tigator/Ev ide nce Techni c ian sha ll rece ive pay at a rate o f fi ve perce nt (+5%)
a bove the ir norm a l pay. Such perce ntage s ha ll not be add ed to th e base pay but sha ll be
in addit io n to th e base pay and appl y to all pay, ove rti me, co mpe nsa tory tim e pa id, etc.
rece ived by the o ffi ce r.
~6 .7 h1;Y-e Htf3 loyee oovered-b;'-~I Hs-A-greeHlet "~"l-wh~ftt+ifed-by the Clli eror Po li ~
aesignee to J'>Crl o nn the du~cs of a Field T ra inin g Officer (1'-TO) shall receive )lay-at-a
ffile-ef len percent (I 0%) abo¥c the Clll JJioyee 's regulAr rate of pay wh ile-the-em~
ts-aet·tt al lyperforming the-EM-i~f an FTO . Sueh-pereentage s luH4le t be aeded-t-iHhe
base JlAy btti.-&H-atl be in fldt li+ieH-to t he-O~~p ly te all pay , cweft+tlle;
co mpensatory time pa id , eta . received by the officer.
26.7 An y empl oyee cove red by thi s Agree me nt wh o is ass ig ned as a me mb er o r th e Specia l
Weapons a nd Tac ti cs Tea m (SWAT) shall rece ive a ra te of pay Jive perce nt (+5%)
above th ei r nor ma l pay whil e suc h o ffice rs arc per fo rmin g ac tua l SWAT du t ies, no t
in c lu din g trai nin g. Suc h perce nt age s hall not be add ed to the base pa y but sha ll be in
additi on to t he ba se pay and ap pl y to a ll pay, ove rtim e, co mp ensa tory tim e pa id , etc.
rece iv ed by the office r.
26.8 Pro mot ion. Officers nromo ted to th e rank o r Se rgea nt shall rece ive a sa lary inc rea se at
th e time the Bromot io n becomes effect ive, to at leas t th e minimum of th e ir new pay
range or an amou nt eq ua l to th e percentage difference between th e c urre nt and new
grade midp oi nts (not to exceed 12%). wh ic hcvc r is grea ter.
a. Ca lcu lat in g a Pro moti onal In crease. Since a promotiona l in c rease is gra nt ed to
recog ni ze th e ass umpti on of add iti onal job dut ies and respo ns ibiliti es. th e s ize of
th e in cn;ase is ca lculat ed as a fun cti o n o f th e s ize o r the promo ti on , rnt her th a n
43
AGENDA ITEM 11 3E
SEPTEM 8lm. 28,20 15
as a perce nta ge of c urre nt sa lary. T l1e fo rmul a used to ca lc ulat e t he pro moti o na l
in crease is as foll ows:
New Midpoint-Curre nt Midpoint = Percent Promotion Inc rease Amount(%*) Curre nt
Midpoint
/\n in c rea se to th e min imum o f th e new pay grade, which eve r is g reater.
* Not to exceed 12% unless req uired to br ing th e e mP-l oyee's sa la ry to th e
min imum ofthe new pa y grade.
b. Ann iversa ry Date. !\ new anniversary date wi ll be establ ished as the
effect ive date o f promoti on.
a . Minimum Pa y. In no case s hall a promoted e mpl oyee's sa lary be set be low the base
sa lary o f th e pos ition to whi ch th ey were P-romoted.
~-,.6.8--
26.9 Any Gmp loyeEHX>ve red by thi s A~1eH-l-wA&-i~ornr il y reqtH-red by the Cl~ie4=-ef
Poliee or-his designtle lo 1>81-fomt-+h e duties of a Sergea nt or 6iett~lftlll shall re eeiYe""f}ay a t a rate
live (5%) pereent-flbove th e emp iQyee's regular ral~f.-.jla)', provided that It& o th er Sergean t or
~ltl400~
~.~0
a. T-He-duties and respoHSibi+tttes of th e hi glter e la ss ifi ea ti o n are assLH~ A:tH-«:»=
a minimtHll-Or Cem (4) uninterrupt ed hours: and
b. The assign ment-i5-flot for th e l>ttfJ>OSe oron-t-he-jeb training.
e . If ll'le-tw o (2) eo nd itiGfl S se t fe~th are not ~ly sat is fied , the-empl oyee wi II
feeeive the rate-of-pay of hi s regu l a 1~y assigned ehtss ifi e ali on for eaeh-ho ur ·wo rl <ecl-i~
t-He Sergea nt o r bieutenant pos iti on. Suc h perce nta ge sllM1-no t be a€kle&-lQ-l he base pey
~ha ll be in ad&i~i on to the base pay a~ll ly lo a l~y, ove11ime, eompensatory
1-tme-p&id , ete. re eei~e offieer,
Pr omot ion. Offieers protlt&led to the rn11k of Sergea nt s ha ll re ee i·re a sa lat)' ineFease-al
the time-+he;Jromolion bee omes effec ti ve, le-al leas t th e mini+-1mm o f th eir new pay
nm ge Ol'-81+-e.mounl eEJua l to th e percenta ge-<l+fferen ee bei:Ween-tfle eurrent an~
gracle mid 1Jo in f5-tnot to eN:eeed 12%), whi e hev e r is grea ter.
a . Ca looffi+i ng a Pro mo ti ona l hle rease. S in ee a J~FOOWtto»at-i-n erease is gra1lted-t-e
recognize th e asstunption of additi o nal job duties an<l respo nsibi li l-tes , the size of
t-fte...tfl erea se is ea le uleted as a flffi~nof th e s ize of41l&-J)F€Hfl o ti on, ra th er th an
44
AGENDA I TF.M # 3E
SE PT EM IJ ER 28, 201 5
as a percentage of curre nt sa lary. The fo rmula used to ea!eu late the promotiollfH
+ner.ease is as fo lle-ws-:
New Miapoint Current Midpoint PereeBt Promotion Jn e rea se Amotml (%*) Currem
~Hll
An increase to th e JHinilllHA+-e f the new pay grade , whiehtwer is greate r.
Jfo 1-Jot t o eneeed 12% loin less requires to ering th e CIHfl loyee 's SR IRF)' IO th e
minill'lliiH ofthEHlew J>A)' g rade .
b . AnniversaJ')' Dat e. A new-eAni¥ersa t)' elate will-9e esta bli s hed as th e
effuet ive date or womotion .
&.--M+~ri+twm Pay . In n ~h all a prometed emp loyee 's su lat:;Y:Ie-set-aelew-+l-le-9ase
saiAt)' of-.t l-l&-pesttiefl-to whieh th ey •Nere-prOJl'lOled.
26 .11 End of Lo ngev it y Pay . G~feet i ve on th e date of ratification of thi s Agreemen~
both parties , longev ity pay-wi ll be eli mtnaled as a benefit; however, emp loyees
reeeivi ng loRgevity pay o n Stle ll date will have their base pay enh anced withiB
thi rty (30) ea lenoof-tklys following such date as fo ll ows: a prorated Atr,oufl +-ef
~OO-t3er month ~ach year or eom~l-sen,.iee tip to a maximum amoun+-ef
$-l-O~eHrtetttfl-fGH-wefl !y ftO) or mol'e-G&JHptet-ed-yeafS-OHe~"fice as of the-Gat.e
of.rati li cat io n-ef. this Agreement by bot h paR:tes-:
When ap~-Heab l e, a one ti1'Re eJ\cep ti on ttl -Sec ti on 26.1 Max inw m--Pay will -be
----ap,emli+teel for Lhi s base-pay enhaneeHteR-h
26.9 A career development program for Poli ce Officers is bein g impl ement ed upon
ratifi ca ti on and app rov a l of thi s agreement. This program will crea te two (2)
car eer track pos iti ons th at Police Offi ce rs can achieve after 3 and 6 yea rs of
service . Th ese positions, entitl ed Police Offi cer firs t C lass (PF C) and Se ni or
Pol ice Officer (SPO) wil l hav e add ed responsibilitie s, req uired trainin g, edu ca tion
and demonstrated competency in both comm unit y policing as we ll as leadership .
The office r wi ll have to reach a min imum tenure in each posi tion and de mon s trate
th e skill , kn ow ledge and willin gness to perform th e req uirement s of th e posit ions
be for e bein g promoted . There w ill be a 3% in crease in pav fo r prom o ti ons to Pre
and SPO .
a. All memb e rs who arc e li g ibl e for promot io n will be req uired to submit an
app li ca tion to th e Chi ef o r Poli ce . Eac h can did ate's fil e will be rev iewed
45
AGENDA ITEM 113E
SEPTEMBER 28, 20J S
by the Chief and Co mm and Staff a nd a dec ision wi ll be made regarding
promotion s to PF C an d SPO.
b. The numbe r of po sition s allotted for PF C wi ll equa l fifty (50%) of the
total numb er of swo rn officers alloc ated lor the Polic e Department,
excluding th e Chief of Poli ce, Com mande rs, Lieu tenant s and Sergeants.
The numb er ofSPO pos itions will eq ual fifty perce nt (50%) ofthe
allo ca ted pos iti ons for PFC . Under thi s formula. there will be a to ta l of 9
PPC po siti ons and 5 SPO po s iti ons.
c . Officers hired prior to Oc tober 1, 2012. and who have a minimum of s ix
(6) yea rs of law enforce ment expe ri ence will be e li gib le for promotio n to
SPO witho ut having to meet th e requirement s of three (3) consecuti ve
years as a Pre and th e reqtlircd co ll ege and ca ree r development courses.
These offi cers will be promo ted ba sed on their overa ll tenure,
qua lificatio n. tra inin g, attitude , work performance, di sciplin ary hi sto ry an d
abilit y to pe rto rm th e requiremen ts of th e pos iti on . Und er thi s provi sio n,
office rs who rece iv e the 3% promo ti on to PFC w ill not receive an
addit iona l 3% pay in crea se if and w hen prom oted to SPO.
d. Poli ce Officers hired af1er October 1. 201 2 wit h less th an 3 years
experience will be e ligible to rece ive a 3% pay in c rease for promotions to
Pre and SPO. These o ni cers arc not s ubject to the provi s ions of26.+-l-9
(c) an d as such . wi ll be required to meet all of th e e li gibi lit y req uirement s
fo r promot ion as es tab li shed in th e poli cy and proced ure.
26.9 Any emplo yee covered by thi s Agreement. exce pt for th ose c las ified as a PFC or S PO.
who is reguired by th e C hi ef o r Poli ce o r hi s des ignee to l)erfon n th e duti es of a Fie ld
Tra inin g omcer (FTO) sha ll rece iv e pay at a rate of ten percent (I 0%) above the
e mplo yee 's regul ar rate of pay whil e th e emp loyee is ac tu a ll y perform in g th e dutie s of
an FTO . T hose emp loyees cla ss ifi ed as a PF C or S PO will receive pay at a rate o f
seven perce nt (7%) above th e empl oyee's regul ar rate of pay w hil e th e e mpl oyee is
actu a ll y performi ng th e duties o f an FTO. Such pe rce ntage shall no t be added to th e
ba se pa y but sha ll be in addition to the base pay and apply to a ll pav, ove rtim e,
cornp e nsat01y tim e pa id . etc. rece ived by th e oflicer.
46
ARTICLE 27
ALCOHOL AND DRUG TESTING
AGENDA ITEM # 3E
SEPTEMBER 28, 2015
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
pmiies agree to the promotion of a drug free workplace pursuant to the Florida
Drug-Free Workplace Act (FS112.0455 & FS440.102).
47
I 2s.1
28.2
ART ICL£28
ANT I-DlS C RIM (NAT ION
AGENDA ITEM # JE
SEI'TEMBER 28,2015
In accord ance wit h applicab le Federal fl-ft6._ -S tate and Loca l Law, both the C ity and
Uni on agree that th ey will not d iscriminate on th e ba s is of ra ce, co lor, c reed, nati o na l
origi n, sex, re li g io n, marital statu s, age, handic ap, &!'-Uni on memb ership or non-
member ship , ge nd er iden tit y, sex ual ori ent at io n or anv ot her non-merit factor except
where age o r sex is a bona fid e occupation al qua lificat ion for the job necessa ry for
ru.:Qpe r· and e ffi c ient jQ!l..ne rfon na nce . The C ity and the Assoc iati on affirm thei r j o int
opposit ion to any di scr im inatory pr ac ti ce in co nnecti o n wit h employment, promotion,
or trainin g; rememb er in g th at the public int ere s t rema in s th e fu ll uti l izat ion or
emp loyees' sk ill a nd a bility with o ut regard to cons iderati o n o r race, co lo r, cre ed,
nati o nal ori gin , sex, reli g io n, marit a l statu s, age, hand icap , or Union members hip or
non-m e mb e rship gender id entit y, sexua l o ri entation or an y oth er non-merit factor
except where age or sex is a bona fid e occ up ati ona l qua lification for th e job ncccssa rx
for nr 9pcr a nd e rtl cie nt job pe rforma n c e.~
Any vio lat ion of thi s Artic le ma y be g ri eve d pursuant to Article I 0 gove rnin g the
grievan ce process up to and in clud in g Ste p Thr ee (3) as o ut lin ed in Arii cle I 0 . Under
no c irc umstan ces shall Step Fo ur ( 4) of the g ri evance pro cess and/or Arti c le II
go veming bind in g a rbitrati on be allowed. Thi s prov isio n in no way res tri cts an
empl oyee's ri ght to fi le a compla int or c laim acco rding to City po li cy or applicab le
Lqc!Jl. sta te or federal law.
48
ART ICLE 29
MUTU AL CON~EN T
29.1 Pursuaqt to Chap ter 20 15-03 9 , Fl or id a Sta tutes. th e parti es to thi s ag ree ment
AGENDA ITEM# JE
SEI'TEMBER 28,2015
MUT UALLY CONSEN T to utili ze I 00 % o f the acc umul ated excess pre mium ~ax reve nu es to
fund th e unfunded li a bil it-y of th e Police Pe ns ion Fund until it is full y fund ed.
Th e parti es to thi s agreement attes t to thi s mutu a l co nse nt by th e ir s ignat ures be lo w.
t SAV6 ~OR f.'UTU Re US~
FOR T l IE C ITY FO R TilE ASSOC IA1 ION
Ca ro lyn Woo ds Date Mi ke 8et•d ieroKimb crl y Kilp atri ck
Mayo r Pres ide nt
49
[
ARTICLE 30
AMENDMENTS
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
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.
50
ARTICLE 31
SAVINGS CLAUSE
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
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.
51
ARTICLE 32
SEVERABILITY
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
32.1 In the event any Article, Section or Pmiion of this Agreement should be held
invalid and unenforceable by any comi of competent jurisdiction such decision
shall apply to the specific A1iicle, Section or Pmiion thereof specified in the
comi's decision; and upon issuance of such decision, the Public Employer and
the Association agree to immediately negotiate a substitute for the invalidated
A1iicle, Section or Pmiion thereof.
52
ARTICLE 33
ENTIRE AGREEMENT
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
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.
53
54
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
ART ICLE 34
AG ENDA ITE M #3 E
SEJ>TEMB E R 28,2 015
DURATION OF AG REEMENT
Thi s Agree me nt sha ll comm ence and beco me e ffecti ve o n'-===============
October I . 20 15 and
sha ll co nt inu e in full force a nd effect until midni ght on th e thirtieth day of Se ptemb e r, 20 ~~~o r
until a s uccesso r ag reement is ratifi ed. Eac h party may reope n Arti cle 26, Wages and two (2)
oth er Arti c les of th e ir choice in -20 I;_§ a nd 20 141.
If eith er pa rty des ires to nego ti ate a successo r ag ree me nt, it may do so by g ivin g th e oth er party
wri tte n no ti ce to th at effect no la ter than Jun e I ~• of ea ch yea r.
FOR Tl TE CITY
Carolyn Woods, Mayor
Pr es ident
¥GR. TilE CITY
Mike Borne
City May or
Dat e
Ratifi ed by Union memb ers on:
Lluproved by th e City Com mi ss ion on:
Jehn ~. Diekinson
FOR Tl IE ASSOCI A TTON
Dat e Mt-ke-Sooa.ie¥e Kimbcr lv Kil patrick,
f:GR-=R J.E A880CIATI01-J
¥meent b . Champion DilL~
PresiEJent , PBA
55
City of Atlanti c Beach Pa ckage
Proposal
February 12, 20 13
C l'l ief JI>Jegotiator
Approved b)' the Cit)' Comm issioA Ol'l: February 26,2013
.ffi.-addition to the eon~ribt:t~en ehanges
set fot1h in Sect ion 26.3 of this
Agreement, et'l"'end-tl~e At lantic Beach
GOOe ofGreinanees, Part II , GR&p~
Af.t-icle VI, Division 4 (''Pol ice Gffice~
Ret irement System"), Section 2 3 1 0 as
f&I~W5-:
• Far-members hired on or-a-Aef
J-anuary I, 20 13. the age and s6fVtee
reqttirements for voluntary ret-i-remeffi
sflal-l-be-ag~nd l 0 years or mere-a-t'
ereai ted service in force; or the age or 5-2
oocl 25 years of credited service in force.
• for members hired on or after
JaHuary 1, 2013, theresha.JI be no ear~y
retirement option.
• for members hired on or aAer
J;:muary 1, 20 13, the ered ited ser¥iee
feEltHrement for separalion-frem-Git;<
em~oyt'l"'ent wi-th ent itl eHlent to dmtTed
i"Ct-iremenl sl:ta-11-ae 10 years; p re¥t<lea
that any membet'-Wllo atta in s J 0 or R-let:e
ye&rs of sen.ciee with the C ity and e lects
«Heave hi-s-&F-Aer eeerueel eontributioR-S
in th e plan sha ll be en~itled to a benefi.l:
~er the pro•1is ions as set out in seet ion
2 3 1 Q.;ffa)-ttpon eHeinillg nefffiaf
retiret'l"tellt age.
• for members hired-on-of-Sfter
J.afluary I , 20 13, ~erminal~~
etnp loyment prior to satisfy ing-the-+0
10/0 1/10
2 190875 .1 56
AGENDA ITEM I# 3E
SEPTEMOF.R 28,201 5
C ity o f Atl anti c Beac h Pac kage
Proposa l
Feb ruar y 12, 20 13
year requirement for defen·ed rer iremenl
under section 2 310.5 sha ll result in
entitlement to a full refund of his or l=ter
aeorued contributions, plus interest as
determined by the board of trustees.
• f'e,Hl'le+R98FS-A+Fea-on-o~=
.J.at'H:Iary 1, 20 13, subject to section 2
3 10 .14 , the-amotint of leve l straighH i~
pension shal+-be equa l to t l~e retirtfl,g
member's eredited serv iee multiplies -by
2.0% of the ret iring member's final
average compensation.
AA~end the At lantic Beach Cod~o.f
Ordinances, Part II, Cl'iapter 2,
Gmp loyee Benefits Artic le Vl, Division
4 (''Po lice Office rs' Retirement
~~-+o-eeAform to ChatJter 20 I I
~aws of Florida (Senate lJ.i iJ-l-~
AGENDA ITEM # 3E
S EPTE MBER 28,2015
7/15/2015
Grade
Police Detective 40 hour workweek P19
Police Officer 42 hour workweek P19
Police Sergeant 42 hour workweek P22
CITY OF ATLANTIC BEACH
POLICE UNION PAY SCALE 2015
Minimum Midpoint Maximum
$18.07 $22.73 $27.39
$18.07 $22.73 $27.39
$23.16 $30.81 $39.00
Minimum Midpoint
$37,583 $47,331
$39,463 $49,698
$50,580 $67,951
AGENDA ITEM# 3E
SEPTEMBER 28, 2015
Maximum
$56,970
$59,820
$85,322