Item 6D- Resolution No. 17-24RESOLUTION NO. 17-24
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPROVING THE 2018-2020 COASTAL FLORIDA POLICE
BENEVOLENT ASSOCIATION CONTRACT, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE CONTRACT.
WHEREAS, the City of Atlantic Beach cun·ently has a contract in place with the Coastal
Florida Police Benevolent Association; and
WHEREAS, the effective dates ofthe contract are 2016-2018; and
WHEREAS, each year the contract is amended to included updating the wages provision,
as well as up to four other provisions; and
WHEREAS, the parties agreed that we would negotiate a new contract, effective 2017-
2020, instead of waiting until next year; and
WHEREAS, the Coastal Florida Police Benevolent Association and the City had a
successful negotiation process this year;
WHEREAS, in addition to providing an update to the wage provision as approved by the
Commission in this year's budget, the following provisions were amended:
7.1 the 12 month probationary period now begins on the date that the employee
becomes a solo officer;
21.3 -21.5 A physical ability test, like the one that the officers must pass in order to be
hired, will be phased in for all officers to pass on an annual basis, with considerations given
for various contingencies.
26.1 Wages updated per the budget authorized by the Commission to give a 1% COLA
to the pay scale and a 3% increase to the midpoint of the pay scale to all officers who have been
with the department for 6 months. All officers will also receive a 3.5% add pay, effective October
1, 2017.
WHEREAS, the Coastal Florida Police Benevolent Association is in the process of
ratifying the amendment;
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1. The City Commission hereby approves the 2017-2020 Coastal Florida
Police Benevolent Association contract;
SECTION 2. The City Commission hereby authorizes the City Manager to execute the
contract;
SECTION 3. This Resolution shall take effect immediately upon its passage and adoption.
Agenda Item 6D
October 23, 2017
PASS ED AND ADOPTED by the City of Atlantic Beach, this 23h day of October, 2017.
Attest:
Donna L. Bartle, City Clerk
Mitchell E. Reeves, Mayor
Approved as to form and correctness:
Brenna M. Durden, City Attorney
Agenda Item 6D
October 23, 2017
TABLE OF CONTENTS
Article No. Title Page
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Atiicle 12
Atiicle 13
Article 14
Atiicle 15
Article 16
Atiicle 17
Atiicle 18
Article 19
AGREEMENT .............................................. 1
RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
PAYROLL DEDUCTION AND DUES .......................... 3
NO STRIKE PROVISION .................................... 4
EMPLOYMENT GUIDELINES ................................ 5
MANAGEMENT RIGHTS .................................... 6
SPECIAL MEETINGS/. . . . . . . . . . . . . . . ........................ 8
PROBATIONARY EMPLOYEES AND SENIORITY .............. 9
RULES AND REGULATIONS ................................ 11
DISCHARGE AND DISCIPLINE ............................. 12
GRIEVANCE PROCEDURE .................................. 15
ARBITRATION PROCEDURE ................................ 18
HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PERSONAL LEAVE HOURS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
LEAVES OF ABSENCE WITHOUT PAY ....................... 25
MILITARY LEAVE ......................................... 26
BEREAVEMENT LEAVE .................................... 27
HOURS OF WORK AND OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . 28
INJURY IN THE LINE OF DUTY. . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
TUITION AID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Agenda Item 6D
October 23, 2017
Article 20 INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Article 21 SAFETY AND HEALTH .................................... 35
Article 22 BULLETIN BOARDS ...................................... 37
Article 23 UNIFORMS .............................................. 38
Article 24 MILEAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Atiicle 25 LEGAL SERVICES ........................................ 41
Article 26 WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Article 27 ALCOHOL AND DRUG TESTING . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Article 28 ANTI-DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Article 29 MUTUAL CONSENT. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 48
Article 30 AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Article 31 SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Article 32 SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Article 33 ENTIRE AGREEMENT ..................................... 52
Atiicle 34 DURATION OF AGREEMENT ............................... 53
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Agenda Item 6D
October 23, 2017
AGREEMENT
This Agreement is effective October 1, 2017 between the City of Atlantic Beach,
hereinafter refened to as the Public Employer, or City, and the Coastal Florida
Police Benevolent Association, Inc., hereinafter refened to as the Association. It
is the intent and purpose of this Agreement to assure sound and mutually
beneficial working relationships between the parties hereto, to provide an orderly
and peaceful means of resolving misunderstandings or differences which may
arise and to set forth basic and full agreement between the parties concerning
wages, hours and other conditions of employment enumerated herein. There shall
be no individual anangements or agreements covering any part or all of this
Agreement contrary to the te1ms provided herein without coordination with and
approval by the above parties, in writing. It is mutually understood and declared
to be the public policy of the Public Employer and the Association to promote
harmonious and cooperative relationships between the Public Employer and the
Association and to protect the public by assuring, at all times, the orderly and
uninteiTupted operations and functions or government.
Whenever a male pronoun is used in this Agreement it shall be construed to
include reference to both sexes.
Agenda Item 6D
October 23, 2017
ARTICLE 1
RECOGNITION
1.1 Pursuant to and in accordance with all applicable provisions of Part II of Chapter
44 7, Florida Statutes, the Public Employer recognizes the Association as the
exclusive collective bargaining representative for those employees in the unit
certified by the Florida Public Employees Relations Commission (PERC) per
Unit Certificate 1665 in the Atlantic Beach Police Depmiment 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 certified bargaining agent as per F.S. 447.301 (2) will be the
official spokesman. In matters other than collective bargaining (i.e., the resolution
of grievances, etc.) or in the absence of the Staff Representative, the Unit
Representative or the alternate of the Atlantic Beach Police Department, will be
the official spokesman for the Association in any matter between the Association
and the Public Employer, only, however, on the matters which the Association
has authority regarding its membership. The Association shall designate in
writing the name of the Unit Representative and alternate.
1.3 The Association agrees to provide the City with the names of the officers for the
Association and will specify the name of the alternate spokesman. The
Association will also notify the City of any changes in Association negotiations
team as soon as possible.
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October 23, 2017
ARTICLE2
PAYROLL DEDUCTIONS AND DUES
2.1 Upon receipt of a written authorization from an employee covered by this
Agreement, the Public Employer will deduct from the employee's pay the amount
owed to the Association by such employee for dues. It is understood that this
provision will provide for deductions equal to the number of pay periods per year.
The Public Employer will submit to the Association the deducted sums within
fifteen (15) calendar days of the normal payday. Changes in the Association
membership dues and rates will be certified to the Public Employer in writing
over the signature of the President of the Association and shall be done at least
thirty (30) calendar days in advance of the effective date of such change. The City
may notify Association members of any increase in dues in advance of such
increase being deducted by the Employer. The Public employer's remittance will
be deemed 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 inconect.
2.2 The Association will indemnify, defend and hold the Public Employer harmless
against any claim made, and against any suit instituted, against the Public
Employer as the result of any check-off of Association dues.
2.3 An employee may revoke his authorization for deduction of dues provided the
employee gives thirty (30) calendar days written notice to the Public Employer.
Upon receipt of such notification, the Public Employer shall forward a copy to
the Association and terminate dues on the pay date immediately following the
expiration of the thirty (30) calendar days notice period.
2.4 No deduction shall be made from the pay of an employee for any payroll period
in which the employee's net earnings for that payroll period are less than the
amount of dues to be checked off. Net earnings shall mean net after required
deductions.
2.5 Ifthere is an amount deducted in excess of what is authorized by this Agreement,
the employee affected shall seek recourse with the Association and not the City,
provided that the excess amount deducted was in fact remitted to the Association
in the form of union dues.
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Agenda Item 6D
October 23, 2017
ARTICLE3
NO STRIKE PROVISION
3.1 The Association and bargaining unit members shall have no right to instigate,
support, promote, sponsor, engage in, or condone, in any manner, any work
stoppage, boycott, slow-down, strike, intentional disruption of City operations, or
to withhold services for any reason. Management shall have the right to discharge
or otherwise discipline any or all employees who violate the provisions of this
paragraph. The only question that may be raised in any proceeding, grievance,
judicial or otherwise, contesting such action is whether this provision was
violated by the employee to be discharged or otherwise disciplined.
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October 23, 2017
4.1 a.
ARTICLE4
EMPLOYMENT GUIDELINES
The Association, its representatives, members or any persons acting on their
behalf agree that the following "unlawful acts" as defined in Chapter 447,
Florida Statutes are prohibited;
1) Solicitation of public employees during working hours of any
employee who is involved in the solicitation; or
2) Distributing literature during working hours in areas where the work of
the public employees is performed such as offices, warehouses,
schools, police stations, fire stations and any similar public
installations.
b. The circuit comis of the state shall have jurisdiction to enforce the
provisions of this section by injunction and contempt proceedings if
necessary. A public employee who is convicted of a violation of any
provision of this section may be discharged or othe1wise disciplined by the
Public Employer notwithstanding further provisions of this or any other
agreement.
4.2 The Public Employer and Association agree that the basic intent of this
Agreement is to provide a fair day's work in retum for a fair day's pay and to
provide conditions of employment suitable to maintain a competent work force.
The Public Employer and Association affirm the joint opposition to any
discriminatory practices in connection with employment, promotion, training or
assignment; remembering that the public interest requires full utilization of
employees' skills and ability without regard to race, color, age, creed, religion,
national origin, union affiliation or non-union affiliation, handicap, sex, sexual
orientation, gender identity, marital status, 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 perfmmance. Any complaint or issue conceming
discrimination or discriminatory practices shall be addressed and handled
pursuant to Article 28 of this Agreement.
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Agenda Item 6D
October 23, 2017
ARTICLE 5
MANAGEMENT RIGHTS
5.1 Except as expressly provided for in this Agreement, the Public Employer retains
the sole and exclusive right to manage its operations and direct the work of the
bargaining unit employee, including the rights to decide the number and location
of work stations, the operation of motorized equipment, the scope of service to
be performed, the methods of service, the schedule of work time; to contract and
subcontract existing and future work; to determine whether and to what extent the
work required in its operation shall be perfmmed 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 part, operation
whenever in the opinion of the Public Employer good business judgment makes
such curtailment or discontinuance advisable; to hire, lay-off, assign, transfer,
promote, demote, and determine the qualifications of employees; to create new
job classifications and to create and amend job descriptions; to dete1mine the
stmiing and quitting time and the number of hours to be worked; to require an
employee to take a physical or mental examination, given by a health service, or
a physician or psychiatrist selected by the Public Employer; to assign overtime
work; to discipline, suspend, and/or discharge employees for just cause; and to
have complete authority to exercise those rights and powers incidental thereto,
including the right to make unilateral change, subject only to such regulations
governing the exercise of these rights as are expressly and specifically provided
in this Agreement.
5.2 The above rights of the Public Employer are not all inclusive but indicate the type
of matters or rights that belong to and are inherent to the Public Employer in its
capacity as manager of the Police Department of the City. Any of the rights,
powers, and authority the Employer had prior to entering into this collective
bargaining agreement are retained by the Employer, except as expressly and
specifically abridged, delegated, granted or modified by this Agreement.
5.3 Any and all aspects of wages, hours, and working condition, which are not
specifically covered by this Agreement, may be initiated, instituted, continued or
discontinued without notification of or consultation with the Association. The
Public Employer is not required to continue those voluntary aspects of wages,
hours, and working conditions not included in this Agreement, but which were in
effect prior to entering into this Agreement or instituted thereafter, nor shall the
employees have any binding right to such matters.
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October 23, 2017
5.4 It is agreed that every incidental duty connected with operations enumerated in
job descriptions is not always comprehensive and employees, at the discretion of
the City, may be required to perform duties not within their specific job
descriptions as long as they are related to Police Department operations and have
the approval of the Chief of Police or their designee.
5.5 Whenever it is determined that civil emergency conditions exist, including riots,
civil disorder, hurricane conditions, or similar catastrophes, the provisions of this
Agreement may be suspended by the Mayor, City Manager and/or Chief of Police
during the time of the declared emergency provided that wage rates and monetary
fringe benefits shall not be suspended.
5.6 The Public Employer's failure to exercise any function or right hereby reserved
to it, or its exercising any function or right in a particular way, shall not be deemed
a waiver of this right to exercise such function or right, nor preclude the Public
Employer from exercising the same in some other way, provided such do not
conflict with the express provisions of this Agreement.
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October 23, 2017
ARTICLE 6
SPECIAL MEETINGS AND ASSOCIATION TIME POOL
Special Meetings:
6.1 The Public employer and the duly appointed representative(s) of the Association
agree to meet and confer on matters of interest upon the written request of either
party.
6.2 The written request shall state the nature of the matters to be discussed and the
reason(s) for requesting the meetings. Discussions shall be limited to the matters
set forth in the request or other subjects mutually agreed to, but it is understood
that these special meetings shall not be used to renegotiate this or any other
Agreement or for the resolution of grievances.
6.3 Such special meetings shall be held within ten (1 0) calendar days of the receipt
of a written request if said meeting is jointly agreed to by both parties in writing.
The meeting shall take place at a time and place mutually agreeable to by the
parties. The Association shall have the right at these special meetings, to make
recommendations to the Public Employer to improve department operations and
resolve problems identified by the Association.
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Agenda Item 6D
October 23, 2017
ARTICLE 7
PROBATIONARY EMPLOYEES AND SENIORITY
7.1 All employees shall be classified as probationary employees for the first twelve
(12) months of continuous uninten·upted employment after becoming a solo
officer, 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 ofPolice 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 bitih,
with the employee with the lowest numerical day of birth having the most
seniority. The employee with the longest date of position is most senior.
7.2 Seniority:
Seniority as used herein, is defined as unbroken, continuous service with the
Atlantic Beach Police Depatiment 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
orFMLA.
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 Aliicle 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 perfmmance records of the individual(s),
seniority and the overall record before the layoff begins.
b. Position Elimination. If a sergeant's or detective's position is eliminated or
abolished, the sergeant or detective will return to the position previously held,
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Agenda Item 6D
October 23, 2017
if a vacancy exists, without losing seniority in the classification to which
he/she is retumed. If there is no vacancy within the previously held position,
the sergeant or detective shall be retumed 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. Tetmination
d. Failing to retum to work from authorized leave of absence
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Agenda Item 6D
October 23, 2017
ARTICLE 8
RULES AND REGULATIONS
8.1 Any general order issued after the effective date of this Agreement shall remain
in full force and effect, if not in conflict with any Article or Section in this
Agreement. All other general orders shall remain in full force and effect and the
Employer retains the right to issue other general orders in its sole discretion as
long as they comply with State and Federal Laws.
8.2 The City shall have the right to establish, maintain and enforce, or rescind, amend
or change, reasonable rules and regulations and standard operational procedures
as long as they comply with State and Federal Laws.
8.3 Any employee violating a rule or regulations or standard operational procedure
may be subject to disciplinary action, including dismissal.
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Agenda Item 6D
October 23, 2017
ARTICLE9
DISCHARGE AND DISCIPLINE
9.1 The Employer has the right to discharge, suspend or otherwise discipline
employees for just cause. The Employer shall consider, among other things, the
seriousness and frequency of offenses when determining the appropriate
discipline, which may include a warning, suspension or immediate discharge.
Employees are not entitled to a 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 Article 9.2j;
f. Recklessness or negligence while on duty;
g. Violation of the no strike provision of this Agreement;
h. Violation of a published work rule or regulation or standard operational
procedure;
1. Failure to immediately repmi vehicle accidents involving damage to any City
property;
J. Conduct that could bring discredit to the Employer;
k. Having committed and/or convicted for felony, driving while under the
influence of alcohol, or narcotic substances, crime involving moral turpitude,
or a misdemeanor involving pe1jury or a false statement, or a misdemeanor
evidencing bad moral character;
1. Leaving the working area during working hours without authorization;
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Agenda Item 6D
October 23, 2017
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 terms of punishment for similar or like offenses. Steps within a
progressive discipline system that should be considered are:
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Agenda Item 6D
October 23, 2017
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 further acts will result in
more severe disciplinary action. Such action must be documented in writing
by use of an official Employee Counseling Form and may, or may not, be
placed in employee's official personnel records. This action does not
constitute official disciplinary action and is considered as an administrative
action.
c. Official Reprimand. Written action that is placed within employee's official
personnel records. Such action should be documented, in writing, by use of
official Employee Counseling Form.
d. Suspension. Nmmally, the final step in the disciplinmy process prior to
te1mination. 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 intenogation 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 infmmation of members of the Bargaining Unit unless allowed by law. It
shall be the right of any officer, at any reasonable time to inspect and request a copy
of his/her personnel records and completed internal affairs files.
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ARTICLE 10
GRIEVANCE PROCEDURE
10.1 In a mutual effort to provide harmonious working relations between the parties to
this Agreement, it is agreed to and understood by both parties that there shall be
a procedure for the resolution of grievances between the pmiies arising from an
alleged violation of specific terms of the Agreement as provided in this Article.
10.2 For the purpose of this Agreement, a grievance is defined as a disagreement
between the Public Employer, Association and one or more of its employees
concerning the interpretation, application, or compliance with this Agreement,
including disagreements regarding discipline.
10.3 Grievances may be taken up during the working time of the grievant upon the
mutual agreement between the Public Employer and the Association. Affected
personnel of the 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 structure 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 information:
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.
Failure of the grievant to comply with this section shall make the grievance null
and void.
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10.5 All grievances shall be processed in accordance with the following procedure:
Step 1 -The grievant shall orally, or in writing, present his grievance to his
immediate supervisor within ten (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 (10) working days from returning to
duty to orally, or in writing present his grievance. Discussions will be
informal for the purpose of settling differences in the simplest and most
effective manner. The immediate supervisor will discuss and make an effort
to resolve all legitimate grievances with fairness and justice for both the
grievant and the Public Employer. The immediate supervisor shall orally
communicate a decision to the grievant within ten (1 0) 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 10.4) to the Chief of Police with a copy to the City Manager.
The Chief of Police or his designee, shall investigate the alleged grievance
and shall within ten (1 0) 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 (1 0) 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 after the date
the grievance was received by the City Manager, or from the date of the
meeting, if conducted.
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Agenda Item 6D
October 23, 2017
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 ofthe 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 glievance, 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 ofthe 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 tetminate the grievance.
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Agenda Item 6D
October 23, 2017
ARTICLE 11
ARBITRATION PROCEDURE
11.1 Whenever the Association requests arbitration in accordance with the provisions
of Article 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 alternately striking names from this list (the Association shall make the first
strike) until only one name remains on the list.
11.2 The limitations of the powers of the Arbitrator are as follows:
a. The Arbitrator shall not have the power to add to, subtract from, or alter the
terms of this Agreement;
b. The Arbitrator shall have no power to establish wage scales, rates for new
jobs, or to change any wage;
c. The Arbitrator shall have only the power to rule on matters arising under this
Agreement and is confined exclusively to the question(s) which is presented
to him which question(s) must be actual and existing;
d. If the subject of the grievance submitted to arbitration concerns disciplinary
measures (including discharge) taken against one or more employees, the
Arbitrator is only empowered to pass upon whether the employee or
employees concerned actually committed, participated in, or were responsible
for the act of misconduct. The Arbitrator has no authority to pass upon the
nature, extent, or severity of the disciplinary measure(s) taken, such
determination being solely a managerial prerogative. If the Arbitrator finds
that the employee has not committed, pmiicipated in, or was not responsible
for, the act of misconduct for which he has discipline, the Arbitrator has the
power to make the employee or employees whole, including ordering back
pay (less compensation received from any other sources) for time lost, and
reinstatement when applicable.
11.3 There shall be no appeal from the Arbitrator's decision; it shall be final and
binding on the Association and on all bargaining unit employees and on the Public
Employer, provided the Arbitrator's decision is not outside or beyond the scope
of the Arbitrator's jurisdiction, or is not in violation of public policy. The
authority and responsibility ofthe 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
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Agenda Item 6D
October 23, 2017
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
Agenda Item 6D
October 23, 2017
ARTICLE 12
HOLIDAYS
12.1 The following are recognized as holidays under the terms of this agreement:
New Years Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Christmas Day
Any day that the City Commission may designate
NOTES:
January 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.
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Agenda Item 6D
October 23, 2017
12.3 Scheduled to Work a Holiday:
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 certificate, or other paid absences
excused by the Chief of Police. Employees must be expected to return to work in order to
receive holiday pay.
12.5 Employees who have been assigned holiday work and fail to report for and perform such
work without reasonable cause shall not receive pay or compensatory time for the holiday
and shall be subject to appropriate disciplinary action.
12.6 Employees who are on an unpaid leave of absence or layoff on their last scheduled
workday proceeding the day on which such holiday is observed shall not receive pay or
compensatory time for the holiday.
12.7 The accrual and payout of compensatory time under this Section shall be governed by the
provisions of Article 17.
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Agenda Item 6D
October 23, 2017
ARTICLE 13
PERSONAL LEAVE HOURS
13.1 The "Personal Leave Hours" concept is advancement from the traditional
vacation and sick leave system.
a. When a Personal Leave Hour is used for illness or other emergencies,
employees are required to notify the on-duty supervisor, or if he/she is
unavailable the Communication Center of the nature of the illness or
emergency at least one hour prior to the start of the employees shift.
When an employee is planning to use Personal Leave or Compensatory
Time off, he must submit his request for the leave in writing to the Police
Chief, or his designee, at least fourteen (14) calendar days, prior to the first
day of the intended absence. The Chief of Police, or his designee, shall
respond to the request within seven (7) days, not including Saturday,
Sunday, or holidays, of receipt of the request. Approval of the leave may
be denied if in the discretion of the Chief, or his designee, such leave would
pose an undue disruption of the department.
The employee's supervisor may approve any leave without fourteen (14)
days prior notice so long as the employee is not absent for more than fmiy
( 40) hours. The granting or denial of this request shall be the discretion of
the Division Commander of the work shift that is affected.
b. Minimum units charged against Personal Leave under sections 13.1 a shall
be in increments of fifteen (15) minutes or more.
c. For Personal Leave hours used for illness, the City always retains the right
to require medical documentation of the illness.
d. The maximum number of personal leave hours which may be accrued and
canied forward to the following fiscal year is 680 hours.
Employees should make every attempt to schedule and use their personal
leave prior to the end of each fiscal year. Failure to use the personal leave
time will result in forfeiture on October 1 of each fiscal year of any time that
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 catTy-over the personal
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Agenda Item 6D
October 23, 2017
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 accrued (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 accrued (up to a maximum of 680
hours).
(3) Employees hired by the City on or after October 1, 2012, shall be
paid out 50% of personal leave hours accrued (up to a maximum of 680
hours).
13.2 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.
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Agenda Item 6D
October 23, 2017
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
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Agenda Item 6D
October 23, 2017
ARTICLE 14
LEAVES OF ABSENCE WITHOUT PAY
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 staliing date will be adjusted for leaves of absence without pay,
unless restricted by State or Federal law.
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Agenda Item 6D
October 23, 2017
ARTICLE 15
MILITARY LEAVE
15.1 The City will grant employees leaves of absence for military duties as dictated by
the requirements of state and federal laws.
15.2 Employees requesting military leave are responsible for notifying the Chief of
Police as soon as possible of the dates for such training period(s).
15.3 An official set of military orders should be submitted as soon as possible, but in
no case shall an employee be paid for Military Leave until an official set of orders
or appropriate documentation have been received.
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Agenda Item 6D
October 23, 2017
ARTICLE 16
BEREAVEMENT LEAVE
16.1 Employees covered by this agreement may be granted, upon approval of the Chief
of Police, time off with pay not to exceed three calendar days, in the event of a
death in the employee's immediate family for the purpose of attending the funeral
and/or attending to related obligations of the deceased relative. An employee may
be granted up to four ( 4) hours off with pay if the employee is required to act as
a pallbearer for a deceased member of the Atlantic Beach Police Depmiment.
16.2 The employee's immediate family shall be defined as the employee's spouse,
father, mother, son, daughter, brother, sister, father-in-law, mother-in-law,
grandparents, step-parents, step-child, step-brother, step-sister and any other
member of kinship who may be residing under the same roof with an employee
during the time of death.
16.3 Funeral leave or bereavement leave shall be paid leave and not charged to
personal leave days.
16.4 The employee may be required to provide the Chief of Police with verification of
death before compensation is approved.
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Agenda Item 6D
October 23, 2017
ARTICLE 17
HOURS OF WORK AND OVERTIME
17.1 The bargaining unit employee's basic work period shall be based on the Fair
Labor Standards Act (FLSA) with a work period of fourteen (14) days. The basic
work period for an employee covered by this Agreement will consist of up to
eighty-four (84) hours per 14-day work period. When the City deems it
necessary, the basic work period may be changed, provided the employees are
given at least seven (7) calendar days notice prior to the change.
17.2 Whenever the Chief of Police or the City Manager permits an employee (at the
employee's request) to attend a training seminar or training program which is not
specifically assigned, the employee shall have no right to receive any
compensation or compensatory time for the hours spent traveling to or from or
attending the seminar or program. However, the Chief of Police or City manager
may at their discretion compensate the employee for attending the seminar or
program and/or reimburse the employee for travel or lodging expenses. Such
decision is not subject to the grievance or arbitration procedures of this
agreement.
17.3 Except as provided in Section 17.4, all hours worked in excess of 84 hours during
an employee's basic scheduled work period shall be considered ovetiime 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 ovetiime 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 (100) hours of
compensatory time, no further accrual of compensatory time will be allowed.
Thereafter, hours worked in excess of an employee's regular scheduled two week
work period shall normally be paid to the employee.
17.5 For the purpose of taking compensatory time off, the employee shall, in
accordance with procedures for Personal Leave, Article 13, request to be allowed
to utilize his accrued hours. All accrued compensatory time off must be taken
during the fiscal year (October 1 -September 30) in which it is eamed. 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 payment. Note: Employees will not be paid for
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Agenda Item 6D
October 23, 2017
Compensatory Time unless their Compensatory Time payment amount equals or
exceeds one hour.
17.6 Hours worked in excess of the employee's normal scheduled hours due to
emergency situations such as hurricanes, tornadoes, civil disorders and other
like matters as declared by the Chief of Police, will be compensated for at the
rate of one and one-half (1 Yz) times the employee's regular hourly rate of pay.
17.7 When an employee is required to appear as a witness at a deposition, trial, or
hearing on a pending criminal, civil, or traffic case or as a witness in a pending
departmental disciplinary action, where the employee is or was involved in his
official police capacity, and such appearance occurs when the employee is
scheduled to be off duty, he shall be compensated at the 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 furnished in which case travel reimbursement should
not be requested or accepted or if receive such fee will be signed over to the City.
17.8 In changing individual work schedules, management will take into consideration
the interests of the employees affected and the needs ofthe department. The City
will give as much advance notice as possible. Where possible there should be a
minimum of twelve hours between the completion of the employee's prior work
shift and the beginning of the next work shift. This section does not apply in
overtime circumstances.
17.9 Training days are viewed as hours worked, and the City may assign and/or
reschedule training days at the City's discretion. Scheduled training days are
mandatory work days and are generally in addition to the Officer's regular
schedule. Failure to attend scheduled training will be treated as any other missed
work day. Training days will be scheduled by the City as soon as possible but in
not case with less than 30 days notice to the employee.
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Agenda Item 6D
October 23, 2017
ARTICLE 18
INJURY IN THE LINE OF DUTY
18.1 Any employee covered by this Agreement who sustains a temporary disability as
a result of accidental injury in the course of and arising out of employment by the
Public Employer, shall, in addition to the benefits payable under the Workers'
Compensation Law of the State of Florida, be entitled to the following benefits:
a. When an employee is absent due to compensable injury, the City will pay
one-hundred percent (100%) of an employee's average daily earnings for
each regularly scheduled work day missed beginning with the first calendar
day of the authorized disability, and continuing through the seventh
calendar day of the authorized disability. However, in no case shall these
payments and those paid through Workers' Compensation exceed the
employee's normal net salary. Any amount paid by the city to the employee
who is subsequently paid by Workers' Compensation shall be reimbursed
by the employee to the city.
b. An employee sustaining a lost time injury under this Article may use
accumulated Personal Leave days to cover the time off the job due to an
injury until he is compensated by Workers' Compensation. Personal Leave
days can be used to supplement that percentage (33 1/3%) of his pay which
is not covered by Workers' Compensation. The request to allow the
employee to do the above must be made to the Chief of Police in writing.
18.2 In addition to the benefits afforded under section 18.1 (a), an employee,
subsequent to exhausting all Personal Leave days, may be awarded special
benefits by the city if special circumstances are found to exist in the sole opinion
of the City Manager. But such payments shall not, when added to Workers'
Compensation benefits, total more than the normal regular pay received by the
employee immediately prior to such disability, nor may such payments continue
longer than one year from the date of injury. Factors which the City Manager
may consider in each instance are as follows:
a. Consideration of degree of responsibility of employee/employer.
b. Obedience to or violation of laws, statutes, or ordinances involved in
connection with the causes of such disability.
c. Obedience to or violation of any Depmiment rules, regulations and policies
procedures, published work rule or instructions to the employee by
supervisors involving the cause of the disability.
The decision to grant or deny special benefits is not subject to the grievance or
arbitration provisions of the agreement.
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Agenda Item 6D
October 23, 2017
18.3 The City may require the employee to be examined every twenty (20) calendar
days by a medical doctor selected by the City to determine whether the employee
should be continued on such leave or retumed to duty.
18.4 In the event that an employee fails to retum to work due to a disagreement
between medical doctor(s) for the employee and the city, then the city shall select
a third, duly qualified medical doctor who shall resolve the medical disagreement.
This medical examination shall be at the employee's expense. In resolving the
disagreement between the employee's doctor and the city's doctor the decision of
the third doctor shall be final and not subject to grievance.
18.5 Where injury is caused by the knowing refusal of the employee to use a safety
appliance provided by the City, the Workers' Compensation benefits shall be
reduced twenty-five percent (25%). Failure to obey safety regulations or to use
safety devices shall result in disciplinary action, up to and including discharge.
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Agenda Item 6D
October 23, 2017
ARTICLE 19
TUITION AID
19.1 Any full time employee who has completed the initial probationary period will
be eligible to take courses which are approved in advance by the Police Chief as
being law enforcement related or for career development. Upon successful
completion of the course, the city shall reimburse the employee as follows
Reimbursable Items. An employee who successfully completes an approved
course where grades are assigned with a grade of "C" or better, or obtains a
satisfactory completion certificate when grades are not assigned will be
reimbursed 100% of the tuition, lab fees, registration fees, and costs for books.
Any member attending courses toward a Master's Degree may be reimbursed up
to 100% at the sole discretion of the City Manager.
Non-reimbursable items. 100% of the costs of supplies, transportation, parking,
equipment, plus all other fees not listed in this article will be the responsibility of
the employee.
The employee must present written evidence of completion of the course and the
grade achieved to validate payment from the employer. The employee shall
supply the Chief of Police with written notice of the course(s) to be taken,
information on the course(s) content and the cost of each course, and receive
approval prior to registration for the course(s) which the employee is requesting
reimbursement.
19.2 An employee who does not remain with the City for a minimum of one (1) full
year after completion of a course for which he has received education assistance
shall repay the reimbursement to the city at the rate of 1/12th of the total received
for each month remaining on the 12 month commitment.
19.3 Should there be no funds available from the City Training Fund the City will not
be required to reimburse the employee under Section 19.1. The City will advise
the employee before the employee takes a course if the City anticipates that no
funds will be available.
19.4 In the event the employee is eligible for tuition aid from any other source, such
as, but not limited to Veteran's Benefits, the payments due under this article will
be reduced by the amount of benefits paid by other sources.
19.5 In addition to salary incentive monies called for in Florida State Statute 943.22,
an employee shall receive a monthly educational incentive from the City as
follows:
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Agenda Item 6D
October 23, 2017
Degree
Associates or documented evidence
of eligibility for an Associates Degree
Bachelors Degree
33
Monthly Amount
$ 50.00
$ 100.00
Agenda Item 6D
October 23, 2017
ARTICLE20
INSURANCE
20.1 The City agrees to provide employees with a group term life insurance policy
providing for coverage equal to the annual salary of the employees, but not to
exceed $50,000. The City agrees to pay the premiums for the employees'
coverage for such insurance.
20.2 The City agrees to provide employees with the basic health insurance group
program as offered to other City employees. The City agrees to pay the same
amount of premium for the same insurance coverage for bargaining unit
members as it does for other City employees. Dependent coverage for medical
and other insurance offered by the City will be available by payroll deduction at
the employees' expense.
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Agenda Item 6D
October 23, 2017
ARTICLE 21
SAFETY AND HEALTH
21.1 The Public Employer and the Association agree that they will conf01m 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.
21.3 Existing members will have 3 years, as of October 1, 2017, to take and pass the
Physical Ability Test (PAT) utilized by the Florida Department of Law
Enforcement. If the member fails the test for any reason within the 3 years, there
will be no consequences. The member may take the PAT as many times as
needed during this 3 year introduction phase. If at the 3 year mark the member
is unable to successfully pass the PAT, they may be given one 6-month extension
with the approval of the HR Director and Chief of Police. Factors that will be
considered for this approval include: a clear indication that the member is making
progress in their physical fitness, the member is committed to improving their
health and the member has not requested an extension previously. If the
member is unable to successfully pass the PAT after this time, the employee's
position as a Police Officer with the COAB will be terminated.
21.4 Effective October 1, 2020 all existing members must take and successfully pass
the PAT on an annual basis, October 1-September 30. Ifthe member fails the
PAT, the member will have 6 months to successfully pass the PAT. If after the 6
month extension the member is unable to pass the PAT, the member may request
one additional 6-month extension with the approval of the HR Director and Chief
of Police. Factors that will be considered for this approval include: a clear
indication that the member is making progress in their physical fitness, the
member is committed to improving their health and the member has not requested
an extension previously. If the member is unable to successfully pass the PAT
after this time, the employee's position as a Police Officer with the COAB will
be terminated.
21.5 Effective October 1, 2017, all new members must take and successfully pass the
PAT on an annual basis, October 1-September 30. If the member fails the PAT,
the member will have 6 months to successfully pass the PAT. If after the 6 month
extension the member is unable to pass the PAT, the member may request one
additional 6-month extension with the approval of the HR Director and Chief of
Police. Factors that will be considered for this approval include: a clear
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Agenda Item 6D
October 23, 2017
indication that the member is making progress in their physical fitness, the
member is committed to improving their health and the member has not requested
an extension previously. If the member is unable to successfully pass the PAT
after this time, the employee's position as a Police Officer with the COAB will
be terminated.
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Agenda Item 6D
October 23, 2017
ARTICLE22
BULLETIN BOARDS
22.1 The Association may be permitted to provide for its own use one bulletin board not to
exceed four feet times three feet ( 4' x 3') in dimension, provided the bulletin board shall
be located only in the squad room.
22.2 The Association agrees it shall use the space on the bulletin board provided for herein
only for the following purpose: notices of Association meetings, notices of internal
elections for Association offices, reports of Association committees, policies of the
Association, recreation and social affairs of the Association, and notices by public
bodies. In no event shall the bulletin board be used to post political material or
controversial material. The 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 occuned the material shall
immediately be removed by the City with the removed material provided to the
Association Staff Rep.
22.4 The Police Department may post training, promotional, or transfer information on these
boards. Such material shall be removed from the boards within five (5) days of
expiration.
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Agenda Item 6D
October 23, 2017
ARTICLE 23
UNIFORMS
23.1 The City will furnish all sworn bargaining unit employees who are required to
wear uniforms in the performance of their duties with uniforms and equipment
approved for their use.
23.2 The City will replace or repair the above items as they become tom, worn or
unserviceable due to the performance of the employee's official duty. Any claim
for a repair or replacement under this Section must be accompanied by a written
explanation to the employee's supervisor, setting forth the circumstances
necessitating the replacement or repair. The tom, worn, or unserviceable item
shall be presented to the Chief or Police or his designee for inspection and
determination as to whether the item should be replaced or repaired. It shall be
the decision of the Chief of Police or his designee as to whether the item shall be
replaced or repaired.
23.3 Any employee who damages, destroys, or loses any furnished article of uniform
due to carelessness or negligence will replace the article (or at the satisfaction of
the City repair) the article at his own expense, or such cost of replacement shall
be deducted from the employee's pay.
23.4 The employee shall wear the articles of the uniform provided in Section 23.1 only
for official City business or as otherwise authorized by the Chief of Police.
23.5 Upon termination of employment for any reason, the employee shall return to the
City all articles of the uniform issued by the City or be required to pay for such
articles prior to receiving his final pay check or have the cost of the items not
turned in deducted from the employee's final pay check.
23.6 The City agrees to provide for the cleaning of uniforms sets (shilis and pants) per
employee per qumier as authorized and funded for within the annual approved
budget.
23.7 The city shall provide for the Detectives and Crime Suppression Unit members
covered by this agreement, to include sergeants assigned to supervise the units, a
clothing allowance of six hundred and fifty dollars ($650.00) per year to be paid
as indicated below. This allowance shall not include up to two (2) department
polo shitis bearing the Atlantic Beach Police Badge.
a. An initial payment for the first two quarters in the amount of a $325
clothing allowance shall be paid within fomieen (14) days of the
employee's initial assignment as detective.
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Agenda Item 6D
October 23, 2017
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 occuned and be accompanied by documentation of the
original cost of said item, and shall be subject to provisions pe1iaining 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.
39
Agenda Item 6D
October 23, 2017
ARTICLE24
MILEAGE ALLOWANCE
24.1 Employees directed by the Chief of Police or his designee to use their private
automobiles for City business, shall be compensated at the I.R.S. Mileage Rate.
40
Agenda Item 6D
October 23, 2017
ARTICLE25
LEGAL SERVICES
25.1 The City agrees to provide at no cost to the employee, the services of an attorney
to defend the employee against any civil actions brought against him while acting
as an agent of the City, in the line of duty and on the City's behalf, unless such
action is bought about by an act of the employee due to his own violation of
Department Rules, Policies, Procedures or Instructions, negligence, carelessness
or the employee acted in bad faith, with malicious purpose, or in a manner
exhibiting wanton and willful disregard for human rights, safety, or property.
25.2 It is understood and agreed that all employees shall furnish notification in writing
of their intent to file suit in any court 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
ofthe 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.
41
Agenda Item 6D
October 23, 2017
ARTICLE26
WAGES
26.1 Effective October 1, 2017, there will be a 1% COLA increase to the pay scale upon
approval of the City budget by the Commission.
Effective October 1, 2017, employees with six (6) months service as of October 1,
2017, are in a position that is considered "year round," working on a scheduled
"year round" basis shall receive a merit increase of 3% of midpoint.
Said employees shall also receive 3.5% add pay, effective October 1, 2017.
The total proposal for 2017 through 2019 is as follows:
1011/2017
1011/2018
10/1/2019
COAB
3.0%
3.0%
3.0%
9%
Notes:
Sworn Add Pay
3.5%
3.5%
4.0%
11.0%
Total
6.5%
6.5%
7.0%
20.0%
Minimum Pay: In no case shall an employee's pay be set below the minimum
established for the grade of the employee unless the employee receives less than a
"Meets Requirements" overall evaluation.
Bonuses. Employees of the bargaining unit are eligible to receive a bonus based
upon performance in accordance with the City's performance evaluation program
guidelines.
Applicability. Pay adjustments will only be provided to individuals who are
employees of the City on the date that the Union contract is finally approved by the
City Commission.
Pay Ranges. The pay grades and salary ranges for classifications within the
bargaining unit are incorporated herein as Exhibit A.
26.2 Effective October 1, 2015, a $1.00 per hour Shift Differential was added to the pay of all
Police Officers and Sergeants who work between the hours of 6:00 p.m. to 6:00 a.m.
26.3 The City shall assume the responsibility for cetiain pension contributions for bargaining
unit members. The bargaining unit members' contribution rates will be 8%.
42
Agenda Item 6D
October 23, 2017
26.4 Any Police Officer covered by this Agreement who is assigned by the Chief of Police to
work in the Investigative Division or Crime Suppression Unit as a detective shall receive
pay at a rate ten (10%) percent above the employee's regular hourly rate of pay. Such
percentage shall not be added to the base pay but shall be in addition to the base pay and
apply to all pay, overtime, compensatory time paid, etc. received by the officer.
26.5 Any Police Officer or Sergeant covered by this Agreement who is assigned to work as a
Detective in the Investigative Division or the Crime Suppression Unit (CSU) shall have
their title changed to Detective and shall receive an annual clothing allowance of six
hundred fifty dollars ($650.00) in accordance with Article 23.7.
26.6 Any employee covered by this Agreement who is assigned as a Patrol
Investigator/Evidence Technician shall receive pay at a rate of five percent ( +5%) above
their normal pay. Such percentage shall not be added to the base pay but shall be in
addition to the base pay and apply to all pay, overtime, compensatoty time paid, etc.
received by the officer.
26.7 Any employee covered by this Agreement who is assigned as a member of the Special
Weapons and Tactics Team (SWAT) shall receive a rate of pay five percent (+5%) above
their normal pay while such officers are performing actual SWAT duties, not including
training. Such percentage shall not be added to the base pay but shall be in addition to
the base pay and apply to all pay, overtime, compensatoty time paid, etc. received by the
officer.
26.8 Promotion. Officers promoted to the rank of Sergeant shall receive a salary increase at
the time the promotion becomes effective, to at least the minimum of their new pay range
or an amount equal to the percentage difference between the current and new grade
midpoints (not to exceed 12%), whichever is greater.
a. Calculating a Promotional Increase. Since a promotional increase is granted to
recognize the assumption of additional job duties and responsibilities, the size of
the increase is calculated as a function of the size of the promotion, rather than as
a percentage of current salmy. The fonnula used to calculate the promotional
increase is as follows:
New Midpoint-Current Midpoint= Percent Promotion Increase Amount(%*) Current
Midpoint
Or
An increase to the minimum of the new pay grade, whichever is greater.
* Not to exceed 12% unless required to bring the employee's salary to the
minimum of the new pay grade.
b. Anniversary Date. A new anniversary date will be established as the
effective date of promotion.
43
Agenda Item 6D
October 23, 2017
a. Minimum Pay. In no case shall a promoted employee's salary be set below the base
salary of the position to which they were promoted.
26.9 A career development program for Police Officers is being implemented upon
ratification and approval of this agreement. This program will create two (2)
career track positions that Police Officers can achieve after 3 and 6 years of
service. These positions, entitled Police Officer First Class (PFC) and Senior
Police Officer (SPO) will have added responsibilities, required training, education
and demonstrated competency in both community policing as well as leadership.
The officer will have to reach a minimum tenure in each position and demonstrate
the skill, knowledge and willingness to perform the requirements of the positions
before being promoted. There will be a 3% increase in pay for promotions to PFC
and SPO.
a. All members who are eligible for promotion will be required to submit an
application to the Chief of Police. Each candidate's file will be reviewed
by the Chief and Command Staff and a decision will be made regarding
promotions to PFC and SPO.
b. The number of positions allotted for PFC will equal fifty (50%) of the
total number of swom officers allocated for the Police Department,
excluding the Chief of Police, Commanders, Lieutenants and Sergeants.
The number ofSPO positions will equal fifty percent (50%) ofthe
allocated positions for PFC. Under this formula, there will be a total of 9
PFC positions and 5 SPO positions.
c. Officers hired prior to October 1, 2012, and who have a minimum of six
(6) years of law enforcement experience will be eligible for promotion to
SPO without having to meet the requirements of three (3) consecutive
years as a PFC and the required college and career development courses.
These officers will be promoted based on their overall tenure,
qualification, training, attitude, work performance, disciplinary history and
ability to perform the requirements of the position. Under this provision,
officers who receive the 3% promotion to PFC will not receive an
additional 3% pay increase if and when promoted to SPO.
d. Police Officers hired after October 1, 2012 with less than 3 years
experience will be eligible to receive a 3% pay increase for promotions to
PFC and SPO. These officers are not subject to the provisions of26.9 (c)
and as such, will be required to meet all of the eligibility requirements for
promotion as established in the policy and procedure.
26.9 Any employee covered by this Agreement, except for those classified as a PFC or SPO,
who is required by the Chief of Police or his designee to perform the duties of a Field
Training Officer (FTO) shall receive pay at a rate of ten percent (1 0%) above the
employee's regular rate of pay while the employee is actually performing the duties of
an FTO. Those employees classified as a PFC or SPO will receive pay at a rate of seven
44
Agenda Item 6D
October 23, 2017
percent (7%) above the employee's regular rate of pay while the employee is actually
performing the duties of an FTO. Such percentage shall not be added to the base pay but
shall be in addition to the base pay and apply to all pay, overtime, compensatory time
paid, etc. received by the officer.
45
Agenda Item 6D
October 23, 2017
ARTICLE 27
ALCOHOL AND DRUG TESTING
27.1 Both the City and Union recognize that drug and alcohol abuse is a problem
among our nation's work force. The City and the Association also recognize the
tremendous cost, both in terms of efficiency and in human suffering caused by
needless workplace accidents. Acknowledging the necessity for action, both
parties agree to the promotion of a drug free workplace pursuant to the Florida
Drug-Free Workplace Act (FS112.0455 & FS440.102).
46
Agenda Item 6D
October 23, 2017
ARTICLE28
ANTI-DISCRIMINATION
28.1 In accordance with applicable Federal, State and Local Law, both the City and Union
agree that they will not discriminate on the basis of race, color, creed, national origin,
sex, religion, marital status, age, handicap, Union membership or non-membership,
gender identity, sexual orientation 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. The City and the Association affirm their joint opposition to any
discriminatmy practice in connection with employment, promotion, or training;
remembering that the public interest remains the full utilization or employees' skill and
ability without regard to consideration or race, color, creed, national origin, sex, religion,
marital status, age, handicap, or Union membership or non-membership gender identity,
sexual orientation 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 perfmmance.
28.2 Any violation of this Article may be grieved pursuant to Article 10 governing the grievance
process up to and including Step Three (3) as outlined in Article 10. Under no
circumstances shall Step Four (4) of the grievance process and/or Article 11 governing
binding arbitration be allowed. This provision in no way restricts an employee's right
to file a complaint or claim according to City policy or applicable local, state or federal
law.
47
Agenda Item 6D
October 23, 2017
ARTICLE29
MUTUAL CONSENT
29.1 Pursuant to Chapter 2015-039, Florida Statutes, the pmiies to this agreement
MUTUALLY CONSENTED to utilize 100% ofthe accumulated excess premium tax revenues to
fund the unfunded liability of the Police Pension Fund until it is fully funded.
The parties to this agreement attest to this mutual consent by their signatures on the execution
page.
48
Agenda Item 6D
October 23, 2017
ARTICLE 30
AMENDMENTS
30.1 This Agreement contains the complete Agreement between the City and the
Association and no additions, waivers, deletions, changes or amendments shall
be made during the life of the Agreement except by mutual consent in writing of
the parties hereto.
49
Agenda Item 6D
October 23, 2017
ARTICLE 31
SAVINGS CLAUSE
31.1 The Public Employer retains all rights, powers, functions and authority it had
prior to the signing of this contract except as such rights are specifically
relinquished or abridged in this contract.
50
Agenda Item 6D
October 23, 2017
ARTICLE 32
SEVERABILITY
32.1 In the event any Atiicle, Section or Portion of this Agreement should be held
invalid and unenforceable by any court of competent jurisdiction such decision
shall apply to the specific Article, Section or Portion thereof specified in the
court's decision; and upon issuance of such decision, the Public Employer and the
Association agree to immediately negotiate a substitute for the invalidated
Article, Section or Portion thereof.
51
Agenda Item 6D
October 23, 2017
ARTICLE 33
ENTIRE AGREEMENT
33.1 The parties acknowledge that during negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to any subject or matter not removed by law from the area
of collective bargaining and that the understandings and agreements anived at by
the parties after the exercise of that light 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 pmiies 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.
52
Agenda Item 6D
October 23, 2017
ARTICLE34
DURATION OF AGREEMENT
This Agreement shall commence and become effective on October 1, 2017 and shall continue in
full force and effect until midnight on the thirtieth day of September, 2020 or until a successor
agreement is ratified. Each party may reopen Article 26, Wages and two (2) other Articles of their
choice in 2018 and 2019.
If either party desires to negotiate a successor agreement, it may do so by giving the other party
written notice to that effect no later than June I st of each year.
FOR THE CITY
Joe Genity,
City Manger
Date
FOR THE ASSOCIATION
Mike Scuderio,
Interim Executive Director
Approved by the City Commission on: October 23, 2017
Ratified by Union members on:
53
Date
Agenda Item 6D
October 23, 2017