Exh 8BAGENDA ITEM #Si3
hIAY 23, 20U~
AGI+JNDA ITElV1:
CITY OF ATLANTIC BEACII
CITY COMMISSIONER MEETING
STAFI+' REPORT
Approval of Police union contract for the period October 1, 2004
through September 30, 2007
SUBMITTED BY: George Foster, Human Resource Manager
DATE: May 17, 2005
BACKGROUND: Current I~'OP Union Contract.
The City and Union are currently operating under the October
2002 union contract and the impasse decisions as made by the City
Commission on November 3, 2003.
October 2004 FOP Union Contract.
The City and Union were unable to reach contract agreements and
on March 31, 2005, a Special Magistrate hearing was held for the
City and Union to present contract differences. Recommendations
from the Special Magistrate were received and both the City and
Union have agreed to those recommendations. The union
membership has approved (ratified) the Police union contract.
This is a three-year contract that goes from October 1, 2004
through September 30, 2007; however, as there are no agreements
on wage increases for October 1, 2005 or October 1, 2006, each
side may open, for negotiations, wages and three other articles
during 2005 and 2006. During the 2007 negotiations, all articles,
including wages, will be open for negotiation.
BUDGET: Funds for the FOP Union contract are included within the budget.
ATTAC)FIMENTS: 1. Summary of Major Agreements.
2. Proposed union contract. Added items are in bold underlined
with deleted items in l~elil~kret~gl~.
RECOMMENDATION: That the City Commission approve the FOP union contract for the
period October 1, 2004 through September 30, 2007.
REVIEWED BY CITY MANA =rR:
AGT;NDA ITEhI #SB
MAY 23, 2003
October 1, 2004
Police Union Contract
Major Agreements
Art 10 -Grievances. Clarified who could submit a grievance and streamlined processing to
allow additional meetings with Chief of Police to be optional.
Art 12.1 -Holidays. Includes previously implemented conversion of employee's birthday to
- additional Personal Leave by indicating employee's birthday being deleted as holiday.
Art 12.4 -Holidays. Clarifies that an employee must be expected to return to work in order to
receive holiday pay.
Art 13.1d and 13.1e -Personal Leave. Includes previously implemented options for employees
to change their personal leave maximums and payment periods in December of each year.
Art 13.3 -Personal Leave. Includes previously implemented increase to personal leave accrual
' ' rates based upon conversion of employee's birthday to personal leave. (Also see Art 12.1)
Art 17.3 -Hours of Work and Overtime. Includes previously implemented update to definition
' ' of "hours worked" for overtime entitlement.
Art 17.5 -Hours of Work and Overtime. Includes previously implemented policy to "cash in"
compensatory time as of September 30th of each year.
Art 17.9 -Hours of Work and Overtime. Clarifies City policy that training days are considered
as hours worked and the City may assign and/or reschedule.
Art 19.2 -Tuition Aid. Changes Police Officer tuition aid commitment to that for other City
employees.
Art 22.3 -Bulletin Boards. Includes previously implemented policy that allows Chief of Police
to remove inappropriate material from Police Union bulletin board.
Art 23.1 -Uniforms. Includes previously implemented policy to allow City to provide uniforms
and equipment as determined by the City.
Art 23.7 -Uniforms. Includes previously implemented policy to provide members assigned to
Crime Suppression Unit with a $650.00 annual uniform allowance.
Art 26.1 -Wages. Includes following pay agreement:
' a. Pay changes will only apgly to employees covered by the agreement on the date that it is
approved by the City Commission.
AGENDA ITI:NI #3i3
NIAY 23, 2005
b. Pay changes will be retroactive to October 1, 2004.
c. The starting pay for Police Officers is increased by +3% to $32,677.
d. Police Officers with less than 6 months of service as of September 30, 2004 shall receive
a +3% pay adjustment.
` ' (+ $ .46 per hour or + $956 annual)
e. Police Officers with more than 6 months of service but less than 5 years as of September
30, 2004 shall receive a pay adjustment of +6% of the new midpoint pay for their grade.
(+ $1.18 per hour or + $2,454 annual)
f. Police Officer with more than 5 years of service as of September 30, 2004 shall receive a
• pay adjustment of +6% of the new maximum pay for their grade.
(+ $1.41 per hour or + $2,933 annual)
g. Police Sergeants shall receive a pay adjustment of +6% of the new maximum pay for
their grade.
(+ $1.80 per hour or + $3,744 annual)
. Art 26.3 -Wages. Changes employee contribution rate to Police Pension Plan from +1% to +2%
effective upon approval of appropriate ordinances.
Art 26.5 -Wages. Includes previously implemented policy to provide Police Officers assigned
to Crime Suppression Unit a +5% pay adjustment.
Art 26.5 -Wages. Includes previously implemented policy to provide Police Officers assigned
to Crime Suppression Unit with a $650.00 annual uniform allowance. (Also see Art 23.7)
Art 26.6 -Wages. Includes previously implemented policy to provide Police Officers assigned
as Patrol Investigator/Evidence Technicians a +5% pay adjustment.
Art 26.7 -Wages. Includes previously implemented policy to increase pay for Field Training
Officers from a +5% to a +10% "add pay".
• ~ Art 26.8 -Wages. Includes previously implemented policy to pay members of SWAT team a
+5% "add pay" while they are performing SWAT duties.
• Art 29 -Promotional Process. Changed to provide City with greater flexibility in the
promotional process.
Art 33 -Entire Agreement. Clarifies that pay is retroactive to October 1, 2004. All other
• changes will become effective upon date approved by City Commission unless already
implemented.
AGIJNDA ITl;b1 #3B
NIAY 23, 2005
AGREEMENT
BETWEEN
FRATERNAL ORDER OF POLICE
FLORIDA STATE LODGE, INC.
AND
THE CITY OF ATLANTIC BEACH FLORIDA
October 1, 2004 through September 30, 2007
T~1BL1; OF CONTIJNTS
Article No. Title Page Number
AGREEMENT ................................. 1
1 .... RECOGNITION ............................... 2
2 .... PAYROLL DEDUCTION AND DUES ................ 3
3 .... NO STRIKE PROVISION ....................... 4
4 .... EMPLOYMENT GUIDELINES ..................... 5
5 .... MANAGEMENT RIGHTS .......................... 6
6 .... SPECIAL MEETINGS/UNION TIlVIE POOL .......... 8
7 .... PROBATIONARY EMPLOYEES AND SENIORITY....... 10
8 .... RULES AND REGULATIONS ..................... 12
9 .... DISCHARGE AND DISCIPLINE .................. 13
10 .... GRIEVANCE PROCEDURE ....................... 17
11 .... ARBITRATION PROCEDURE ..................... 20
12 .... HOLIDAYS .................................. 22
13 .... PERSONAL LEAVE HOURS ...................... 24
14 .... LEAVES OF ABSENCE WITHOUT PAY ............. 26
15 .... MII.,ITARY LEAVE ............................ 27
16 .... BEREAVEMENT LEAVE ......................... 28
17 .... HOURS OF WORK AND OVERTIlVIE ................ 29
18 .... INJURY IN THE LIlVE OF DUTY ................ 31
2
19 .... TUITION AIDE .............................. 33
20 .... INSURANCE ................................. 35
21 .... SAFETY AND HEALTH ......................... 36
22 .... BULLETIN BOARDS ........................... 37
23 .... UNIFORMS .................................. 38
24 .... MILEAGE ................................... 41
25 .... LEGAL SERVICES ............................ 42
26 .... WAGES ..................................... 43
27 .... ALCOHOL AND DRUG TESTING .................. 46
28 .... ANTI-DISCRIlVIINATION ....................... 49
29 .... PROMOTIONAL PROCESS ...................... 50
30 .... AMENDMENTS ................................ 52
31 .... SAVINGS CLAUSE ............................. 53
32 .... SEVERABILITY .............................. 54
33 .... ENTIRE AGREEMENT ........................... 55
34 .... DURATION OF AGREEMENT ..................... 56
Atch A .. PAY AGREEMENT ............................. 57
3
AGREEMENT
.. This Agreement is entered into this day of i5~~ei=er~~r; -?98?
between the City of Atlantic Beach,
• hereinafter referred to as the Public Employer, or City, and the Fraternal Order of
Police, Florida State Lodge, hereinafter referred to as the FOP, Union, Employee
Organization, or 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 are and shall be no individual arrangements or agreements covering
any part or all of this Agreement contrary to the terms provided herein. It is
mutually understood and declared to be the gublic policy of the Public Employer
` ' and the FOP to promote harmonious and cooperative relationships between the
Public Employer and the FOP and to protect the public by assuring, at all times, the
orderly and uninterrupted operations and functions or government.
• Whenever a male pronoun is used in this Agreement it shall be construed to include reference
to both sexes.
4
ARTICLE 1
RECOGNITION
1.1 Pursuant to and in accordance with all applicable provisions of Part II of Chapter
447, Florida Statutes, the Public Employer recognizes the FOP as the exclusive
collective bargaining representative for those employees in the unit certified by
PERC in the Atlantic Beach Police Department for the purpose of bargaining
collectively in the determination of the wages, hours and terms and conditions of
employment of those public employees within the bargaining unit.
1.2 It is further understood and agreed that the State FOP 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 State Representative, the Chairman of
the Atlantic Beach FOP Labor Unit (also known as local steward) or the alternate
of the Atlantic Beach FOP Labor Unit, will be the official spokesman for the FOP
in any matter between the FOP and the Public Employer, only, however, on the
matters which the FOP has authority regarding its membership. The Chairman of
the Atlantic Beach Labor Unit shall designate in writing the name of the alternate.
1.3 The FOP agrees to provide the City with the names of the officers for the FOP and
will specify the name of the alternate spokesman. The FOP will also notify the
City of any changes in FOP negotiations team as soon as possible.
5
ARTICLE 2
PAYROLL DEDUCTIONS AND DUES
2.1 Upon receipt of a written authorization from the employee covered by this
• Agreement, the Public Employer will deduct from the employee's pay the amount
owed to the Union 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 designated Atlantic Beach FOP representative
. • the deducted sums within fifteen (15}calendar days of the normal payday. Changes
in the FOP membership dues and rates will be certified to the Public Employer in
writing over the signature of the President of the FOP Bargaining Unit and shall be
done at least thirty (30) calendar days in advance of the effective date of such
change. The Public employer's remittance will be deemed correct if the FOP 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 FOP 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 FOP 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 and
the FOP. Upon receipt of such notification, the Public Employer shall terminate
• : dues on the pay date immediately following the expiration of the thirty (30)
calendar days notice period.
• 2.4 No deduction shall be made from the pay of an employee for any payroll period in
„ which the employee's net earnings for that payroll period are less than the amount
of dues to be checked off. Net earnings shall mean net after required deductions.
2.5 If there is an amount deducted in excess of what is authorized by this Agreement,
the employee affected shall seek recourse with the FOP and not the City, provided
• ' that the excess amount deducted was in fact remitted to the FOP in the form of
: union dues.
6
ARTICLE 3
NO STRIKE PROVISION
3.1
The FOP and bargaining unit members shall have no right to instigate, promote,
sponsor, engage in, or condone 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 Che provisions of this paragraph. The only question that
maybe 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.
7
ARTICLE 4
, , EMPLOYMENT GUIDELINES
' 4.1 a. The FOP, 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.
' b. The circuit courts of the state shall have jurisdiction to enforce the provisions
of this section by injunction and contempt proceedings if necessary. A public
employee who is convicted of a violation of any provision of this section may
be discharged or otherwise disciplined by the Public Employer
notwithstanding further provisions of this or any other agreement.
4.2 The Public Employer and FOP agree that the basic intent of this Agreement is to
provide a fair day's work in return for a fair day's pay and to provide conditions of
employment suitable to maintain a competent work force. The Public Employer
and FOP affirm the joint opposition to any discriminatory practices in connection
' with employment, promotion, training or assignment; remembering that the public
, , interest requires full utilization of employees' skills and ability without regard to
race, color, age, creed, religion, national origin, union affiliation or non-union
' ~ affiliation, handicap, sex, or marital status.
8
ARTICLE 5
. MANAGEMENT RIGHTS
5.1 Except as expressly provided for in this Agreement, the Public Employer retains
the sole and exclusive right to manage its operations and direct the work of the
bargaining unit employee, including the rights to decide. the number and location of
work stations, the operation of motorized equipment, the scope of service to be
performed, the methods of service, the schedule of work time; to contract and
subcontract existing and future work; to determine whether and to what extent the
work required in its operation shall be performed by employees covered by this
Agreement; to maintain order and efficiency in its work stations and locations; to
curtail or discontinue temporarily or permanently, in whole or in part, operation
whenever in the opinion of the Public Employer good business judgment makes
• such curtailment or discontinuance advisable; to hire, lay-off, assign, transfer,
promote, demote, and determine the qualifications of employees; to create new job
classifications and to create and amend job descriptions; to determine the starting
and quitting time and the number of hours to be worked; to require an employee to
' take a physical or mental examination, given by a health service, or a physician or
psychiatrist selected by the Public Employer; to assign overtime work; to
discipline, suspend, and/or discharge employees for just cause; and to have
complete authority to exercise those rights and powers incidental thereto, including
the right to make unilateral change, subject only to such regulations governing the
exercise of these rights as are expressly and specifically provided in this
Agreement. .
5.2 The above rights of the Public Employer are not all inclusive but indicate the type
of matters or rights which 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 FOP. 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.
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
9
5.5
5.6
long as they are related to Police Department operations and have the approval of
the Chief of Police or his designee.
Whenever it is determined that civil emergency conditions exist, including riots,
civil disorder, hurricane conditions, or similar catastrophes, the provisions of this
Agreement maybe 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.
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.
io
ARTICLE 6
SPECIAL MEETINGS AND FOP TIME POOL
Special Meetings:
6.1 The Public employer and the duly appointed representative(s) of the FOP 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 beheld within ten (10) calendar days of the receipt of a
written request if said meeting is jointly agreed to by both parties in writing. The
meeting shall take place at a time and place mutually agreeable to by the parties.
The FOP 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 FOP.
. _. FOP Time Pool:
6.4 All members of the bargaining unit may contribute one (1) or more hours per year
from personal leave hours to the FOP time pool provided that the maximum
number of hours which maybe accumulated in the pool under this Article is 216
hours.
6.5 This leave will be computed and placed in a bank on the lst. of October and the 1st
of April each year.
6.6 The Chief of Police or his designee shall have the discretion to grant or deny use of
pool time if in his opinion the use of such time shall decrease or limit the
• conducting of the department's business. The use of FOP Time Pool time is
subject to written approval by the FOP President or his designee and the Chief of
Police or his designee. The request of and the use of the FOP Time Pool shall be
• ~ made by the FOP President or his/her designee. The use of the FOP Time pool
shall be made in the same manner as requesting Personal Leave as outlined in
Article 13.
' ' 6.7 FOP Time Pool hours not expended during the previous year will be compounded
. , onto the new bank of hours beginning October 1st of each year, provided the
maximum accumulation of 216 hours is not exceeded.
is
6.8 When negotiations are scheduled while the FOP President or his/her designee are
working, the FOP President orhis/her designee may be granted time to attend using
Pool Time. Written request for Pool Time will be made as soon as possible but no
later than 72 hours after the scheduling of the negotiation meeting. Attendance at
FOP contract negotiations using Pool Time is with the permission of the Chief of
Police or his designee.
12
ARTICLE 7
PROBATIONARY EMPLOYEES AND SENIORITY
7.1 All employees shall be classified as probationary employees for the first twelve
(12) months of continuous uninterrupted employment, during which time such
employees may be laid off, disciplined or discharged with or without cause and
without recourse to the grievance procedure but will be afforded all the protection
as listed under F.S.S. 112. The City Manager and/or the Chief of Police has the
discretion to extend the probationary period with cause. Provisions as to seniority
shall not apply to probationary employees, rather, seniority shall date back to the
' ' time of hire after an employee has successfully completed his probationary period.
.. If more than one employee is hired on the same day, seniority shall be determined
by the day (1-31) of birth, with the employee with the lowest numerical day of birth
having the most seniority. The employee with the longest date of position is most
- ~ senior.
7.2 Seniority:
Seniority as used herein, is defined as unbroken, continuous service with the
Atlantic Beach Police Department as a full-time, sworn law enforcement officer.
' " Authorized paid approved leave shall not reduce the officer's seniority and
. , seniority shall compute from the date hired as afull-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:
Shall begin with the most recent service in the employee's classification, (e.g.
Officer, Detective or Sergeant). Employees shall not attain seniority until the
' ' completion of the probationary period in their classification (probation is defined in
, . Article 7.1 of this Agreement). Seniority shall relate to the most recent date of
promotion in that classification.
Employees that are returned to a lower grade position shall retain their seniority as
if they had been serving continuously within the lower grade position.
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.
13
7.5
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.
Seniority shall be lost for the following reasons:
a. voluntary resignation
b. Retirement
c. Termination
d. Failing to return to work from authorized leave of absence
14
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..
15
ARTICLE 9
• , DISCHARGE AND DISCIPLINE
9.1 The Employer has the right to discharge, suspend or otherwise discipline
• employees for just cause. The Employer shall consider, among other things, the
seriousness and frequency of offenses when determining the appropriate discipline,
which may include a warning, suspension or immediate discharge. Employees are
not entitled to a particular number of warnings prior to the imposition of discipline,
including discharge.
9.2 The following acts shall be grounds for discipline up to and including discharge.
a. Falsifying statements or records;
b. Stealing;
c. Drinking or possessing alcoholic beverages while on duty, unless authorized by
the Chief of Police;
d. Possessing, using or selling a controlled substance, including but not limited to,
' narcotics, marijuana, or barbiturates, other than that prescribed by a physician
of the employee unless authorized by the Chief of Police;
' e. Being under the influence of a controlled substance other than that prescribed
by a physician for the employee, or being under the influence of an alcoholic
beverage which would also be a violation of Article 9.2j;
f. Recklessness or negligence while on duty;
g. Violation of the no strike provision of this Agreement;
h. Violation of a published work rule or regulation or standard operational
procedure;
i. Failure to immediately report vehicle accidents involving damage to any City
property;
j. Conduct that could bring discredit to the Employer;
k. Having committed and/or convicted for felony, driving while under the
' ' influence of alcohol, or narcotic substances, crime involving moral turpitude, or
a misdemeanor involving perjury or a false statement, or a misdemeanor
evidencing bad moral character;
16
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 correct the situation. Except for
serious violations, supervisors and department heads are encouraged to utilize
• progressive discipline. Progressive discipline is an approach in which a sequence of
penalties is administered, each one slightly more severe than the previous one. The
goal is to build a discipline program that progresses from less severe to more severe
in terms of punishment for similar or like offenses. Steps within a progressive
discipline system that should be considered are:
• a. Oral Counseling or Oral Warning. Does employee understand rules, policies,
etc., and what is expected of them? Such action does not need to be
documented in writing; however, the supervisor should maintain a record
17
(date/time/subject) of counseling.
b. Written Warning. Places employee on notice that further acts will result in
more severe disciplinary action. Such action should 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.
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 bylaw. 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.
1$
ARTICLE 10
GRIEVANCE PROCEDURE
' 10.1 In a mutual effort to provide harmonious working relations between the parties to
. this Agreement, it is agreed to and understood by both parties that there shall be a
procedure for the resolution of grievances between the parties arising from an
alleged violation of specific terms of the Agreement as provided in this Article.
10.2 For the purpose of this Agreement, a grievance is defined as a disagreement
between the Public Employer, FOP 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 FOP. Affected personnel
of the Department will follow the steps as numerically outlined where they are
organizationally feasible. In issues dealing with discipline, the City and FOP agree
that due to the organizational structure of the Police Department, subordinate
supervisors are not authorized to circumvent decisions of a higher ranking
supervisor or the Chief of Police. Therefore, a grievant may file the first step of the
' ' grievance with the supervisor who is b alleged to have
breached this Agreement. If the grievant is grieving a discipline issue, the
grievance shall be filed with the supervisor who directed the discipline.
. 10.4 All grievances proceeding to Step II must be reduced to writing and must contain
the following information:
a. The specific Article and Section of this Agreement alleged to have been
violated by the Public Employer;
' ~ b. A full statement of the grievance, giving a description of the facts and dates and
times of the events involved in the alleged violation, and the specific remedy
desired by the grievant;
c. Signature of grievant, or FOP Chairman if Grievance is being submitted by the
Union, and date signed; and,
d. Designation letter signed by r;b„~-~~ *'~°'^^^~ inn ~..o~:,a~.,+ ,,,._r~.,t„ ~n~
the grievant, if applicable, designating any
representative appointed to represent them during the grievance grocess.
. Failure of the grievant to comply with this section shall make the grievance null
and void.
1.9
10.5 All grievances shall be processed in accordance with the following procedure:
• ~ Step 1 -The grievant shall orally, or in writing, present his grievance to his
immediate supervisor within ten (10) working days of receipt of an official
written notice or of the occurrence of the action giving rise to the grievance,
provided that should the action giving rise to the grievance occur while the
. employee is on authorized paid leave of absence or is on his scheduled day(s)
off the grievant shall have ten (10) working days from returning to duty to
' " orally, or in writing present his grievance. Discussions will be informal for
the purpose of settling differences in the simplest and most effective manner.
The immediate supervisor will discuss and make an effort to resolve all
• ~ legitimate grievances with fairness and justice for both the grievant and the
Public Employer. The immediate supervisor shall orally communicate a
decision to the grievant within ten (10) working days from the date the
grievance was presented to him.
Step 2 - If the grievance is not settled at the first step, the grievant and/or his
designated representative shall within ten (10) working days of the response
' ' under step 1 present the grievance in written form (incompliance with Article
.. 10.4) to the Chief of Police with a copy to the City Manager. The Chief of
Police or his designee, shall investigate the alleged grievance and shall within
' ten (10) working days of receipt of the written grievance conduct a meeting
• ~ ~ with the grievant, his representative (as appropriate), and the FOP ~'n..°~i
Chairman if the grievant requests FOP representation. The Chief of Police or
his designee shall notify the grievant,. in writinG, of his decision no later than
ten (10) working days following the meeting.
Note: If the Sten 1 Grievance was submitted to the Chief of Police and a Step
' ' 1 meeting with the Grievant has been held, another meeting_,at Step 2 is
optional and at the discretion of the Chief of Police.
Step 3 - If the grievance is not settled at the second step, the grievant and/or
his representative shall within ten (10) working days from the date of the
Chief of Police's decision present the written grievance to the City Manager
or his designee. The City Manager, or his designee, shall investigate the
• alleged grievance and may within ten (10) working days of receipt of the
• , written grievance conduct a meeting with Public Employer representatives,
the grievant and the FOP vr~ Chairman if the grievant requests FOP
' ' representation. The City Manager or his designee shall notify the grievant in
.. writing of his decision not later than ten (10) working days after the date the
grievance was received by the City Manager, or from the date of the meeting,
20
if conducted.
SteQ4 - If a grievance, as defined in this Article, has not been satisfactorily
resolved within the Grievance Procedure, the State FOP Staff Representative
of record may request arbitration in writing to the Office of the City Manager
' no later than ten (10) working days after the response is received in Step 3 of
the grievance procedure.
10.6 It is the mutual desire of the Employer and the FOP that grievances shall be
adjusted as quickly as possible and to that end the time limits set forth in this
Article are to be strictly enforced. The time limits may only be extended by mutual
written agreement,
The term "work days" as used in this Article include Monday through Friday of
each workweek that the grievant and supervisor (involved in each step) are
` ' scheduled to work. 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 FOP in the case of Step 4) to proceed to the next Step of
the Grievance Procedure as outlined in this Article. Failure of the FOP to observe
the time limits for any step in the Grievance Procedure without a mutually agreed
• ~ written extension of time shall terminate the grievance.
21
ARTICLE 11
ARBITRATION PROCEDURE
11.1 Whenever the FOP requests arbitration in accordance with the provisions of Article
- 10, the parties shall within ten (10) working days following appeal to arbitration
jointly request the Federal Mediation and Conciliation Service to submit a panel of
seven (7) arbitrators, each of whom shall be a member of the National Academy or
' ' Arbitrators. Arbitrators shall be selected from such panel by alternately striking
names from this list (the FOP shall make the first strike) until only one name
remains on the list.
11.2 The limitations of the powers of the Arbitrator are as follows:
a. The Arbitrator shall not have the power to add to, subtract from, or alter the
terms of this Agreement;
b. The Arbitrator shall have no power to establish wage scales, rates for new
' ' jobs, or to change any wage;
c. The Arbitrator shall have only the power to rule on matters arising under this
Agreement and is confined exclusively to the question(s) which is presented
• - to him which question(s) must be actual and existing;
d. If the subject of the grievance submitted to arbitration concerns disciplinary
measures (including discharge) taken against one or more employees, the
Arbitrator is only empowered to pass upon whether the employee or
employees concerned actually committed, participated in, or were
' responsible for the act of misconduct. The Arbitrator has no authority to
pass upon the nature, extent, or severity of the disciplinary measure(s) taken,
such determination being solely a managerial prerogative. If the Arbitrator
• finds that the employee has not committed, participated in, or was not
responsible for, the act of misconduct for which he has discipline, the
Arbitrator has the power to make the employee or employees whole,
including ordering back pay (less compensation received from any other
sources) for time lost, and reinstatement when applicable.
11.3 There shall be no appeal from the Arbitrator's decision; it shall be final and binding
' ' on the FOP 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 of the Public Employer, as provided by Florida Law, shall not be
• . usurped in any matter.
22
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.
23
ARTICLE 12
HOLIDAYS
12.1 The following are recognized as holidays under the terms of this agreement:
. New Years Day January 1S`
Martin Luther King's Birthday 3`d Monday in January
President's Day 3`~ Monday in February
Memorial Day Last Monday in May
Independence Day July 4`"
Labor Day 1S` Monday in September
. Thanksgiving Day 4`'' Thursday in November
Friday after Thanksgiving
Christmas Eve December 24t1'
Christmas Day December 25`~
Lili~Jlp~ VG-TQIIlTIQII'~'
Any day that the City Commission may designate
NOTES:
For union members that work shifts, Holidays shall be observed on the actual date that
. they occur.
For union members that work a Monday through Friday workweek:
Whenever Christmas falls on a Saturday, Christmas shall be observed on the
preceding Friday with Christmas Eve observed on the preceding Thursday.
Whenever Christmas falls on a Sunday, Christmas shall be observed on a Monday
with Christmas Eve observed on the preceding Friday.
Whenever Christmas falls a Monday, Christmas shall be observed on Monday with
Christmas Eve observed on the preceding Friday.
12.2 Employees who do not work on the observed holiday shall receive at the discretion
of the Public Employee either eight (8) or ten (10) hours pay (corresponding to the
employee's shift) at the employee's regular straight time hourly rate of pay or eight
(8) or ten (10) hours of compensatory time (corresponding to the employee's shift),
. , at the straight time rate.
12.3 Employees who work on the holiday shall receive, in addition to their.regular
. straight time hourly rate of pay, 1/2 of the employee's regular hourly rate of pay,
hour-for-hour for each hour worked during the declared holiday. In addition, such
24
employees shall be credited with eight (8) or ten (10) hours of compensatory time
(corresponding to the employee's shift.
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 holida~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 for the holiday or
compensatory time.
12.6 Employees who are on an unpaid leave of absence or layoff on the day on which
such holiday is observed shall not receive pay for the holiday or compensatory
time.
12.7 For purposes of this Article, all holidays shall commence at 12:01 a.m. on the
holiday (as set forth in Section 12.1) and continue for twenty-four (24)
uninterrupted hours.
12.8 The accrual and pay-out of compensatory time under this Section shall be governed
by the provisions of Article 17.
25
ARTICLE 13
PERSONAL LEAVE HOURS
13.1 The "Personal Leave Hours" concept is an 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 CompensatoryTime
off, he must submit his request for the leave in writing to the Police Chief, or
his designee, at least fourteen (14) calendar days, prior to the first day of the
intended absence. The Chief of Police, or his designee, shall respond to the
request within four 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 14 days prior
notice so long as the employee is not absent for more than forty (40) hours.
The granting or denial of this request shall be the discretion of the shift
supervisor of the work shift that is affected.
Employees may accumulate Personal Leave hours up to the maximum leave
limit as established per Article 13.1e. Thereafter, employees must utilize the
Personal Leave or they will automatically receive payment for such leave in
accordance with section 13.1d of this Agreement.
b. Minimum units charged against Personal Leave under sections 13.1a shall be
in one (1) hour increments.
c. For Personal Leave 1=lhours used for illness, the City always retains the right
to require medical documentation of the illness.
d. For hours permissibly accumulated under this Article, the employee shall be
automatically paid for all personal leave hours that exceed the personal leave
limit as established by the employee. For the purpose of paying the employee
for accrued leave time, the Employer will automatically pay the employee
- ~ ~ - -------- ----..t, ...., ~ .,,.. w., . ~..~, .. ~.-~,~
~ay~Ee~e~-F-a~x~e~ for Personal Leave on the date(s) as
established by the emnloyee. In December of each year employees will have
26
the option to select one of the following leave cash-in options: (1) June and
December; (2) June only, or (3) December only. Personal Leave cashed in
will be based upon the cash in date(s) as selected by the employee and the
• , employee's personal leave account balance on the pay period that
immediately precedes the designated payment date. Once cash in dates are
' selected, they will be retained by the employee unless changed in December
of each year. Employees who do not select cash in date(s) will be assigned
cash in dates of June and December.
• e. Each employee is required to select a personal leave limit of 120, 240, 360,
480, 600, 720, 840, or 960 hours that will best fit the employee's needs.
vl 1 4, J V(1 111111E lli b ~ .
Once-euta'~'i~'.e"' "a^'''~ ~* ^*'^ ' ~' Employees ma chap e
• their Personal Leave limit in December of each year for the following
• „ calendar year. Those that do not chance their limit shall retain their
previously selected limit. Thereafter, employees must utilize their Personal
' Leave hours or the employee shall, in accordance with Article 13.1(d), be
automatically paid for all hours accumulated that exceed their established
maximum leave limit as selected by the employee. Employees who do not
select a personal leave limit will be assigned a 960 hour limit.
f. No Personal Leave Hours may accumulate to an employee °^'°^<,° •<,:*~,^,<*
• °„a .,,t,,, ~,^" ^^^, t 1 rl. ._r ntn ,_ ___--- who is in a non-nay
V13L,
• , status or utilizing donated leave.
g. An eligible employee who resigns with at least two weeks notice, is laid off,
or whose employment has not been involuntarily terminated shall be paid for
any unused accruals. , '
. R-Tly I1T1111`c•-1 D.,r ^1 T urL. a.,1rL,~,, rl' (1/(1 1,
b
13.2 In the event of the employee's death, the balance of the employee's Personal Leave
Fund shall be paid to the beneficiary of the deceased employee.
13.3 Personal Leave time shall accumulate during each pay period and shall be credited
to the employee at the end of each pay period.
Years
Hours Per Total Annual
Pay Period Hours
• , Beg. 1S'through 3`d year A,~~;
27
5.81 151.06
Beg. 4"'through 7`~' year r. n~"~~
6.78 176.28
Beg. 8`~ through 11~` year ~:~89-hears
8.31 216.06
Beg. 12°i through 15a` year ~.s
9.85 256.10
Beg. 16~' and over ~ ~.
10.47 272.22
28
ARTICLE 14
LEAVES OF ABSENCE WITHOUT PAY
14.1 The City shall conform to the Family Medical Leave Act (FMLA) with FMLA
eligible employees entitled to twelve (12) work weeks of leave (paid personal leave
and/or unpaid Leave) per twelve (12) month period for.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 14.1.
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 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.
29
15.1
15.2
15.3
ARTICLE 15
MILITARY LEAVE
The City will grant employees leaves of absence for military duties as dictated by
the requirements of state and federal laws.
Employees requesting military leave are responsible for notifying the Chief of
Police as soon as possible of the dates for such training period(s).
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.
30
ARTICLE 16
• ~ BEREAVEMENT LEAVE
16.1 Employees covered by this agreement maybe 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
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 maybe required to provide the Chief of Police with verification of
• death before compensation is approved.
31
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 twenty-eight (28) days. The basic
workweek for an employee covered by this Agreement will consist of an average of
40 hours per week and 160 hours per 2$-day work period. When the City deems it
necessary, the basic work week 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 an employee's
' basic scheduled work shift in a two work week ~cle shall be considered overtime
and shall be compensated at the rate of one and one-half {1'/z) times the employee's
regular hourly rate of pay. Emplo ee's paid holidays taken, paid compensato try ime
taken, personal leave taken and other approved paid leave taken, including paid
Workers' Compensation leave, except donated leave, shall be included as "hours
worked" for the purpose of overtime payment.
' 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
J compensatory time, which may be accrued under this agreement (including Article
12 and Article 17), is one-hundred (100) hours of compensatory time. Under this
Article, compensatory time shall be accrued at the same rate as overtime pay, i.e.
one and one-half (11/z) times. 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 ~i€~ cycle shall be considered overtime and be compensated at the rate of one
and one-half (11/s) times the employee's regular hourly rate of pay. If an employee
accrues an excess of one-hundred (100) hours of compensatory time because of
time given for holidays or other circumstances, the employee will decrease the
' excess compensatory time within thirty days of the excess accrual on a voluntary
basis, or time off will be assigned by the Chief of Police or his designee to decrease
the compensatory time in excess of one-hundred (100) hours.
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 ;., °~~^°~° ^f *°^ r' n",„..,-~ must
betaken 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 payperiod of the fiscal year but no later than 13e~€ere
"T^~~°^~"°r ' ~ September 30th of the ~^'~ same fiscal year at the regular
hourly rate earned by the employee at the time the employee receives such
payment.
17.6 Hours worked in excess of the employee's scheduled 160 hour work sl~E en rind
• ~ due to emergency situations such as hurricanes, tornadoes, civil disorders and other
• ~ like matters, will be compensated for at the rate of one and one-half (1'ls) times the
employee's regular hourly rate of pay.
• 17.7 When an employee is required to appear as a witness at a deposition on a pending
criminal, civil, or traffic case or as a witness in a pending departmental disciplinary
action, where the employee is or was involved in his official police capacity, and
such appearance occurs when the employee is scheduled to be off duty, he shall be
compensated at the overtime rate of pay for the reasonable time spent traveling to
and from the location of the deposition 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 and
must remit to the City any witness fee or fees received in connection with the
appearance that exceed twenty dollars ($20.00).
17.8 In changing work schedules, management will take into consideration the interests
of the employees affected and the needs of the department. The City will give as
much advance notice as possible. Where possible there should be a minimum of
twelve hours between the completion of the employee's prior work shift and the
beginning of the next work shift. This section does not apply in overtime
circumstances.
17.9 Training days are viewed as hours worked, and the City may assign and/or
reschedule employees at the City's discretion. If a training day is canceled, the
• effected employee shall have the option of using compensatory time or personal
leave to cover the canceled day unless scheduled to work by the City. If the
employee has fifty (50) hours of compensatory time or less accrued, the employee
may work on that training day on the shift he is scheduled to work for that twenty-
. eight (28} day work cycle, and shall notify the effected shift supervisor of that
intention and for assignment.
ARTICLE 18
INJURY IN THE LINE OF DUTY
1 S.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 which 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 (331/3%) of his pay which is
not covered by Workers' Compensation. The request to allow the employee to
do the above must be made to the Chief of Police in writing.
18.2 In addition to the benefits afforded under section 18.1(a), an employee, subsequent
to exhausting all Personal Leave days, may be awarded special benefits by the city
if special circumstances are found to exist in the sole opinion of the City Manager.
But such payments shall not, when added to Workers' Compensation benefits, total
more than the normal regular pay received by the employee immediately prior to
such disability, nor may such payments continue longer than one year from the date
of injury. Factors which the City Manager may consider in each instance are as
follows:
a. Consideration of degree of responsibility of employee/ employer.
b. Obedience to or violation of laws, statutes, or ordinances involved in
connection with the causes of such disability.
c. Obedience to or violation of any Department rules, regulations and policies
procedures, published work rule or instructions to the employee by
supervisors involving the cause of the disability.
The decision to grant or deny special benefits is not subject to the grievance or
arbitration provisions of the agreement
18.3
18.4
18.5
The City may require the employee to be examined every twenty (20) calendar days
by a medical doctor selected by the City to determine whether the employee should
be continued on such leave or returned to duty.
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.
Where injury is caused by the knowing refusal of the employee to use a safety
appliance provided by the City, the unemployment 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.
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.
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 far the course(s) which the employee is requesting reimbursement.
19.2 An employee who does not remain with the City for aminimum of twe-E?} one I
full years after completion of a course for which he has received education
assistance shall repay the reimbursement to the city at the r^'~ rate of 1/?412~'
of the total received for each month remaining on the X12 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 aide 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:
De ree
Monthly
Amount
Associates or documented evidence ~ $ 50.00
of eligibility for an Associates
Degree
Bachelors
$100.00
ARTICLE 20
INSURANCE
20.1 The City agrees to provide employees with a group term life insurance policy
providing for coverage equal to the annual salary of the employees, but not to
exceed $50,000. The City agrees to pay the premiums for the employees' coverage
for such insurance.
•' ••• b b b b ~
~ b
u »
b b b
20.2 The Cit~grees 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 b~payroll deduction at
the employees' expense.
ARTICLE 21
SAFETY AND HEALTH
21.1
21.2
The Public Employer and the FOP agree that they will conform to all laws relating
to safety, health, sanitation and working conditions. The Public Employer and the
FOP will cooperate in the continuing objective of elimination safety and health
hazards where they are shown to exist.
Safety practices may be improved upon from time to time by the Public Employer
and upon recommendations of the Public Employer and the FOP. Protected
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.
ARTICLE 22
BULLETIN BOARDS
22.1 The FOP 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 FOP agrees it shall use the space on the bulletin board provided for herein only
for the following purpose: notices of FOP meetings, notices of internal elections
for FOP offices, reports of FOP committees, policies of the FOP, recreation and
social affairs of the FOP, and notices by public bodies. In no event shall the
bulletin board be used to post political material or controversial material. The
President and the Secretary of the FOP 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 ~R
material shall immediately be removed by the City with the removed material
provided to the FOP Chairman ~l~e-peste~'~~~~l
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.
ARTICLE 23
UNIFORMS
23.1 The City will furnish to all sworn bargaining unit employees who are required to
• wear s~ uniforms in the performance of their dutiesl nrt ir.;+;n, ;nn„n ^~ *"°
:with uniforms and equipment approved for their use.
~-~p~ts 1-~/: nrtn /1 \ l,nrt~l r.r,ff nnnn
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1~~EU€€s
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5
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~C-118
' 23.2 The City will replace or repair the above items as they become torn, worn or
unserviceable due to the performance of the employee's official duty. Any claim
for a repair or replacement under this Section must be accompanied by a written
explanation used to the employee's supervisor, setting
forth the circumstances necessitating the replacement or repair. The torn, worn, or
unserviceable item shall be presented to the Chief or Police or his designee for
inspection and determination as to whether the item should be replaced or repaired.
It shall be the decision of the Chief of Police or his designee as to whether the item
shall be replaced or repaired.
' 23.3 Any employee who damages, destroys, or loses any furnished article of uniform
due to carelessness or negligence will replace the article (or at the satisfaction of
the City repair) the article at his own expense, or such cost of replacement shall be
deducted from the employee's pay.
23.4 The employee shall wear the articles of the uniform 1 rop vided 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 a maximum of forty-eight (48)
uniforms sets (shirts and pants) per employee per quarter.
23.7 a. The city shall provide for the Detectives and Crime Suppression Unit
members covered by this agreement a clothing allowance of six hundred and
' fifty dollars ($650.00) per year to be paid quarterly.
• b. The first two quarters clothing allowance shall be paid within fourteen (14)
days of the employee's initial assignment as detective.
23.8 Any prescription glasses (not sun glasses) contact lenses, false teeth or partial
plates damaged, destroyed or stolen while an officer is acting in the performance of
' his official duties for the City, shall be replaced or repaired by the City, up to a
maximum cost of $300.00, provided the damage or loss is not the result of the
employee's negligence. Such claim for repair or replacement shall be supported by
written explanation as to how the damage/loss occurred and be accompanied by
documentation of the original cost of said item, and shall be subject to provisions
pertaining to the processing of claims as set forth by the Chief of Police.
Wrist Watches damage/destroyed shall be repaired or replaced up to a value of
$50.00. The same restrictions, requirements and procedures shall be followed as
set forth in the above paragraph.
If the loss is covered by any insurance policy owned by the victim employee, then
the City will be reimbursed for any replacement item in the amount allowed and
paid by the insurance company. The victim employee shall assist the city in
obtaining restitution from any subject, suspect, or party through all legal processes.
Any reimbursement or restitution received by the victim employee shall be
immediately paid to the City.
24.1
ARTICLE 24
MILEAGE ALLOWANCE
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.
ARTICLE 25
LEGAL SERVICES
25.1 The City agrees to provide at no cost to the employee, the services of an attorney to
• defend the employee against any civil actions brought against him while acting as
an agent of the City, in the line of duty and on the City's behalf, unless such action
is bought about by an act of the employee due to his own violation of Department
Rules, Policies, Procedures or Instructions, negligence, carelessness or the
employee acted in bad faith, with malicious purpose, or in a manner exhibiting
wanton and willful disregard for human rights, safety, or property.
• 25.2 It is understood and agreed that all employees shall furnish notification in writing
of their intent to file suit in any court of law, to the Public Employer, no less than
ten (10) working days before the actual filing date, provided the lawsuit affects or
is related in any manner with the Public employer.
25.3 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. ,
ARTICLE 26
WAGES
26.1 Effective October 1, 2004, the salary ranges within Exhibit "A" have been
increased b three percent (3%) over the October 1, 2003 rate. Employees covered
by this Agreement on 9Etel~er-1; ?983 the date contract is approved by the City
Commission, shall have their pay adjusted, retroactive to October 1, 2004, as
follows: vy=~"r r,arn~nf_/JIB/ 1_r`f_fl-,o s,os,r_m:~-lr,r`:r,t fr,~44,nir brn~l,~ 4.-, 1.., ~+ffont:,,~
a. Employees with less than six (6) months of service, as of September 30, 2004,
will have their pay increased b three percent (3 %).
b. Employees with more than 6 months of service but less than five (5) years of
service, as of September 30, 2004, will receive a six percent (6%) of the new
midpoint for their Grade pay increase.
c. Employees with five (5) nears or more of service, as of September 30, 2004, will
receive a six percent (6%) of the new maximum for their pawgrade.
d._ New minimums, midpoints, and maximums will be established by increasin
- previous levels by three percent (3%). Salary_ adjustments listed in (b) and (c)
above will be made after the three percent (3%) COLA has been applied.
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 as indicated below.
Maximum pay. An employee's pay shall not exceed the maximum established for
their grade.
- If an employee does not receive at least a "Meets Requirements" overall
evaluation, then shall not receive a pay adjustment and the supervisor may take
action to terminate the employee or the emplo ey e may be counseled, placed in a
' 90=day improvement period, and reevaluated in accordance with the Cites
performance evaluation program s'~idelines.
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.
26.2 Except as provided herein, original appointment to the classification of Police
• Officer will be made at the entrance rate of pay. The City Manager may approve
. initial compensation at a higher rate than the minimum rate. Such decision shall
not be subject to the grievance or arbitration provisions of this Agreement.
However, a new employee may only be hired at a rate above the entrance rate of
• pay established for the position if:
a. The needs of the City make such hire action necessary and all other
employees within the same classification have their base salaries adjusted to
be at least equal to that of the newly hired employee, or;
• ' b. The new employee has job related training and/or experience that clearly
• exceeds that of current employees. Prior to City Manager approval of initial
pay under this provision, the City will notify the union, in writing, of the
proposed action and allow the union three (3) workdays to provide
comments.
26.3 The City shall assume the responsibility for certain pension contributions for
' bargaining unit members. Beginning with Fiscal Year 1996/1997 (October 1,
1996), the bargaining unit members pension contribution rate shall be reduced from
4.815% to 2.315% of salary. Beginning with Fiscal Year 1997J1998 (October 1,
1997), the bargaining unit members pension contribution rate shall be reduced from
- 2.315% to 1.000% of salary. Upon approval of chances to the Pension Ordinance,
the bar. aining unit members pension contribution rate shall be changed to two
percent (2.000%) of salary.
26.4 Any employee covered by this Agreement who is assigned by the Chief of Police to
work in the Investigative Division 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. In
addition, detectives shall receive an annual clothing allowance of six hundred fifty
dollars ($650.00) in accordance with Article 23.7.
26.5 Any employee covered by this Agreement who is assigned to the Crime
• Suppression Unit (CSiT) shall receive pav at a rate of five percent (+5%) above
their normal pav. Such percentage shall not be added to the base pay but shall
be in addition to the base pa a~ nd appl ty o all pav, overtime, comQensato time
paid, etc. received by the officer. In addition, Crime Suppression Unit members
shall receive an annual clothing allawance of six hundred fifty dollars ($650.00)
in accordance with Article 23.7.
26.6 Anyemployee covered by this Agreement who is assigned as a Patrol
Investigator/Evidence Technician shall receive pav at a rate of five percent
+5%) above their normal pav. Such percentage shall not be added to the base
pav but shall be in addition to the base pay and apply to all pay, overtime,
• ~ compensatory time paid, etc. received by the officer.
26.7 Any employee covered by this Agreement who is required by the Chief of Police or
his designee to perform the duties of a Field Training Officer (FTO) shall receive
pay at a rate of ~° '~, ten percent 10% above the employee's regular rate of
pay while the employee is actually performing the duties of an FTO. Such
nercentaae shall not be added to the base nav but shall be in addition to the base
pay and apply to all pav, overtime, compensatory time paid, etc. received by the
officer.
` ~ 26.8 Any employe covered by this Agreement who is assigned as a member of the
- Special Weagons and Tactics Team (SWAT) shall receive a rate of pay five
percent (+5%) above their normal nav 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 pav and apply to all pay, overtime,
• compensatory time paid, etc. received by the officer.
26.9 Any Employee covered by this Agreement who is temporarily required by the Chief
of Police or his designee to perform the duties of a Sergeant or Lieutenant shall
receive pay at a rate five (5%) percent above the employee's regular rate of pay,
• provided that no other Sergeant or Lieutenant is on duty and that:
a. The duties and responsibilities of the higher classification are assumed in full
for a minimum of four (4) uninterrupted hours;, and
b. The assignment is not for the purpose of on-the job training.
If the two (2) conditions set forth are nat fully satisfied, the employee will receive
. the rate of pay of his regularly assigned classification for each hour worked in the
Sergeant or Lieutenant position.
Such percentage shall not be added to the base pav but shall be in addition to the
base pay and apply to all pay, overtime, compensatory time paid, etc. received by
• the officer.
• 26.C 10 Promotion. Officers promoted to the rank of Sergeant shall receive a salary
increase at the time the promotion becomes effective, to at least the minimum of
their new pay range or an amount equal to the percentage difference between the
.. current and new grade midpoints (not to exceed 12%), whichever is greater.
(a) Calculating a Promotional Increase. Since a promotional increase is granted
to recognize the assumption of additional job duties and responsibilities, the
size of the increase is calculated as a function of the size of the promotion,
rather than as a percentage of current salary. The formula used to calculate
the promotional increase is as follows:
New Midpoint -Current Midpoint =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.
(c) 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.
26.511 Longevity Pay. Employees shall receive an additional twenty- five dollars ($25.00)
per month, for each five years served with the City as follows:
Years of Service Monthly
Starting Thru Payment
0 5 $ .0.00
6 10 $ 25.00
11 15 $ 50.00
16 20 $ 75.00
21 + $ 100.00
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 FOP.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 drub free workplace pursuant to the Florida
Drug-Free Workplace Act (FS 112.0455 & FS440.102), tn~~o~~~, sTn~
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ARTICLE 28
ANTI-DISCRIMINATION
28.1 In accordance with applicable Federal and State Law, both the City and Union
agree that they will not discriminate on the basis of race, color, creed, national
origin, sex, religion, marital status, age, handicap, or Union membership or non-
membership. The City and FOP affirm their joint opposition to any discriminatory
practice in connection with employment, promotion, or training; remembering that
the public interest remains the full utilization or employees' skill and ability without
regard to consideration or race, color, creed, national origin, sex, religion, marital
status, age, handicap, or Union membership ornon-membership.
ARTICLE 29
PROMOTIONAL PROCESS
29.1 Whenever a promotional vacancy exits in the Sergeant classification, the City will
fill the vacancy. 'b' b
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ARTICLE 30
AMENDMENTS
30.1 This Agreement contains the complete Agreement between the City and the FOP
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.
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.
ARTICLE 32
SEVERABILITY
32.1 In the event any Article, Section or Portion of this Agreement should be held
invalid and unenforceable by any court of competent jurisdiction such decision
shall apply to the specific Article, Section or Portion thereof specified in the court's
decision; and upon issuance of such decision, the Public Employer and the FOP
agree to immediately negotiate. a substitute for the invalidated Article, Section or
Portion thereof.
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 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 FOP 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, e~~ay~-i~e~^~~~e ~~, ''~'n''
~~.
Pay increases shall be retroactive to October 1, 2004 and ~ „*-,,,,.:„,.~„~:.,,,~
• - ~r~~~~~~,~ i^~~inoi~~~ all other changeds not implemented since
the previous collective bargaining agreement shall take effect on the date that this
Agreement is approved by the City Commission.
Contract ratified by union membership on the 4th day of May 2005.
Contract approved by City Commission on the day of "T^r
,?983
ARTICLE 34
DURATION OF AGREEMENT
This agreement, shall commence and become effective on the lst _ day of October, ?89?
2004 and shall continue in full force and effect until midnight on the Thirtieth day of
September 3A83 2007 or until a successor agreement is ratified. Either party may reopen
wanes and three (3) other Articles of their choice in 2005 and 2006.
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 15`, ?90~ of each .ear.
The. conversion of Birthday hours to Personal Leave was effective November 1.2003.
...__ . .r_ .,...,....... ... .~ wb~ ... ........................,...,........r.,.............~,......~ ~.... ~.........,.a a~ .~u~..w
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FOR THE CITY FOR THE FOP
Tim Hanson Date Gary Evans Date
City Manager Staff Representative
George Foster Date David Cameron Date
Chief Negotiator FOP ~rnn.L~. IIILZiT Chairman
David Thompson Date
Director of Public Safety
Police Pay A ;regiment
Attachment A
PAY SCALE
Salary Range Hourly Range
Title Grd Min Mid Max Min Mid Max
Police Officer 19 X8;586-3~-,~~8-4~?~ 1~4.~~8.{~ '??.'??
3139-~ao-~; ,€1-1-1--5.'?~ ~3:a;r ~2
32,676 40,851 49,046 15.71 19.64 23.58
'1[g~tY ~t7~~ nrv~v,~~v-9-s ~..- ~.vv ?v-
Sergeant 21 3~,_J
3~ ~~~-A-S,n~~ ~n S~Q i ~ 46 ~~ ~Q ~n ~n
37,398 49,878 62,338 17.98 23.98 29.97
Note: Detective Pay is Police Officer pay +10%.