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2016-06 Collective Bargaining Agreement Between the International Union of Police Associations, AFL-CIO Clermont Police Officers Local 6013 And the City of Clermont, Florida October 1, 2014 through September 30, 2017 (Approved January 26, 2016) 01/26/16 Table of Contents Article Description Page No. -- Preamble 1 Article 1 Recognition 2 Article 2 Prevailing and Management Rights 3 Article 3 Indemmfication 5 Article 4 Non-Discrimination 6 Article 5 Admimstrative Investigations 7 Article 6 Professional Standards arid Disciplinary Action 8 _ Article 7 Personnel Records 11 Article 8 Work Period and Work Shift 12 Article 9 Overtime, Overtime Pay and Compensatory Time 13 Article 10 Extra Duty 15 Article 11 Annual Leave 16 Article 12 Sick Leave 17 Article 13 Bereavement Leave 18 Article 14 Leave of Absence without Pay 19 Article 15 Military Leave and Military Duty 20 Article 16 Workers Compensation, On the Job Injury and Disability 21 Article 17 Vehicles 23 Article 18 Personal Day 25 Article 19 Insurance 26 Article 20 Union Representatives and Business 27 Article 21 Reduction in Work Force 28 Article 22 Dues Deduction 30 Article 23 Gnevance Procedure 31 Article 24 Arbitration 33 Article 25 Employee Educational Assistance 35 01/26/16 Table of Contents Article Description Page No. Article 26 Physical Examinations 36 Article 27 General Provisions 38 Article 28 Severability Clause 40 Article 29 Locker Room Facilities 41 Article 30 Voting 42 Article 31 Wages 43 Article 32 Holidays 45 Article 33 Publication of the Agreement 47 Article 34 Promotions 48 Article 35 Duration 49 Article 36 Damage or Loss to Personal Property 50 Article 37 Pensions 51 Article 38 Performance Evaluations 52 Article 39 Uniforms and Equipment 53 Article 40 Modified Duty Assignment 55 Article 41 Health and Safety 56 Article 42 Complete Agreement 57 Signature Page 58 01/26/16 Preamble This agreement is entered into by and between the City of Clermont hereafter referred to as the"City" or"employer"and the International Umon of Police Associations, AFL- CIO Clermont Police Officers Local 6013, hereafter referred to as the"Union" The general purpose of this Agreement is to establish wages, hours and terms and conditions of employment for bargaining umt members and to provide an orderly procedure for the resolution of grievances In this Agreement, the terms"Clermont," and"the City,"refer to the employer, the City of Clermont and its Police Department The terms "bargaining unit member,""member," or"employee,"refers to the sworn police officers employed by the City of Clermont in the classification of Police Officer and Sergeant Uses of gender references, "he" and "she"are considered interchangeable 1 01/26/16 Article 1 Recognition 1 1 The City hereby recognizes the International Union of Police Associations, AFL- CIO Clermont Police Officers Local 6013 as the sole and exclusive bargaining agent for the purpose of collective bargaining with respect to wages,hours and other conditions of employment for those employees of the City of Clermont working within the certified bargaining unit, as established by order of the Flonda Public Employees Relations Commission (PERC) 2 01/26/16 Article 2 Prevailing and Management Rights 2 1 The Union recognizes the prerogative of the City, except as expressly abndged by any provision of this Agreement, to exercise exclusively all of the normal and inherent rights of management with respect to the Police Department, including but not limited to,the right to determine the purpose of its constituent divisions, to set standards of service, and to exercise control and discretion over its organization and operations to ensure efficiency It is also the right of the City to direct its sworn police employees, to take disciplinary action for proper cause, and to relieve its sworn police employees from duty,provided in so doing the provisions of this agreement are not violated 2 2 The City reserves the right A To select and direct the work force in accordance with requirements determined by management B To establish and change individual work schedules and assignments C To assign and distribute available overtime work and to change work schedules in order to minimize overtime work D To make and enforce work performance standards E To make and change reasonable rules and regulations and to determine disciplinary action for the failure to obey such rules and regulations F To determine job descriptions G To make and enforce safety rules H To transfer and promote members I To determine the size and composition of the work force J To lay off bargaining unit members for lack of work or other legitimate reasons K To transfer, subcontract, and eliminate work L To regulate, control, change, or eliminate existing work procedures or equipment utilized for duty purposes M To suspend, discharge, demote, or otherwise discipline bargaining unit members for proper cause 3 01/26/16 N To suspend provisions of this agreement during a time of declared emergency conditions, including but not limited to riots, civil disorders, humcane or weather conditions, with the exception of the wage,benefit and damage or loss to personal property provisions 2 3 The exercise of management rights shall not preclude bargaining unit members or their representatives from raising grievances should decisions on the above matters have the practical consequences of violating the terms and conditions of this collective bargaining agreement 2 4 To the extent that exercise of the management rights described herein, modify or impact wages,hours or other terms and conditions of employment, the City agrees not to exercise such right without first affording the Union an opportunity to review and negotiate over the matter or to negotiate over the impact thereof 4 01/26/16 Article 3 Indemnification 3 1 When the City may legally do so, the City shall furnish to bargaining unit members legal counsel and defense in accordance with F S S 768 28(5) and(9) To the extent permitted by law, no bargaining umt member shall be held personally liable in tort for any injuries or damages suffered as the result of any act, event or omission of action in the scope of his/her employment or function, unless such employee acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights,public safety or property 5 01/26/16 Article 4 Non-Discrimination 4 1 There shall be no discnmination against any employee covered by this Agreement because of race, religious creed, color, national ongin, sex/gender, age, disability, marital status, veteran's status, political affiliation, pregnancy, genetics or sexual onentation as prohibited by State or Federal law 4 2 There shall be no discrimination against any employee covered by this Agreement because of membership, non-membership or office held in the Union 4 3 The City and the union oppose discnmination on the basis of age, race, religious creed, color, national ongin, sex/gender, disability, marital status, veteran's status, political affiliation,pregnancy, genetics or sexual onentation However, the parties also recognize that the City has established an internal procedure to investigate and resolve alleged cases of discrimination that is in addition to existing and adequate procedures established by the State of Florida and the Federal Government Accordingly, it is agreed that allegations of employment discrimination as described above cannot be processed through the contractual grievance/arbitration procedure 6 01/26/16 Article 5 Administrative Investigations 5 1 Administrative investigations of bargaimng unit members ("Law Enforcement Officers") will be conducted in accordance with Florida Statute 112 532, ET seq , known as the Police Officers' Bill of Rights Bargaining unit members will be required to read and sign their Law Enforcement Officers' Rights form and their Garrity Warning form prior to a formal investigative interview 5 2 The parties have incorporated by reference the statutory bill of rights in this Agreement to enable them to elect to invoke the grievance-arbitration procedure to remedy any alleged denial of rights, and not to effect any change in substantive rights under the statute as repeated herein An employee may pursue enforcement of these rights through arbitration or in the courts,but if the bargaining unit member chooses to enforce these rights in court, the City is not obligated to arbitrate over these same issues Should the referenced Statute be amended by legislature or court action during the course of this Agreement, the amendments will be incorporated and applied without further negotiation by the parties to this Agreement 5 3 No bargaining unit member shall be disciplined in any manner or otherwise discriminated against in regard to his/her employment or appointment, or be threatened with any such treatment,by reason of his/her exercise of the rights granted by the Police Officers' Bill of Rights 5 4 If a bargaining unit member is the subject of an administrative investigation, she/he at the discretion of the Police Chief may be allowed to continue performing her/his regular duties or be reassigned to reasonable alternative departmental duty or placed on administrative leave with no loss of pay or benefits until such time as the investigation is completed and disciplinary action, if any,has been determined 5 5 The investigation findings under this Article will be classified as follows A Sustained—The allegations are supported by sufficient proof B Not Sustained—The evidence is not sufficient to prove or disprove the allegation C Unfounded—The allegation is false or otherwise not based on valid facts D Exonerated—The incident or act occurred but was lawful 5 6 A complete copy of the investigative report and supporting documentation will be provided to the bargaimng unit member upon request and placed in the Police Department's Administrative Investigation file The report summary and discipline, if any will be placed in the personnel file 7 01/26/16 Article 6 Professional Standards and Disciplinary Action 6 1 It is a statutory right of the City to establish rules and standards of performance and to discipline employees in accordance with those standards When discipline is applied,the City shall, when possible,use a system of"progressive discipline" that uses the least possible form of corrective action necessary to obtain its intended purpose, which is to correct inappropriate conduct However, the Union and the City recognize that there are cases where the conduct is such that progressive discipline is not required and that discipline up to and including discharge can be imposed by the City Employees will not be discharged or disciplined without cause A Supervisory personnel are delegated the authority and responsibility for the proper direction, effectiveness, efficiency, conduct, and discipline of subordinate personnel assigned to them, subject to review by the Police Chief B Pnor to any disciplinary action being taken, management will investigate as appropriate to determine the applicable facts and evidence which would support or not support the disciplinary action If the investigation is reasonably expected to result in disciplinary action, such investigation will be conducted in accordance with Article 5 of this Agreement 6 2 Counseling Supervisors are responsible for counseling employees when necessary to improve performance Counseling is not considered discipline and is not subject to the grievance process Supervisors may retain supervisory notes on counseling Counseling records are considered public records and shall be maintained in the employee's personnel file 6 3 Discipline may take the form of A Reprimand Recorded admonishment of a deficiency or poor performance B Suspension An unpaid penod of time of at least one shift and not more than one pay period However, if the bargaining umt member has been suspended as the result of an administrative investigation into pending criminal charges, the bargaimng unit member may be suspended until a final court disposition is rendered C Demotion Reclassification from one position to another one of lower pay D Termination A complete and irrevocable severing of the employment relationship 8 01/26/16 6 4 If a bargaimng unit member who is suspended pending final court disposition of criminal charges, is convicted or pleads guilty or nolo contendere to any criminal charge that disqualifies him/her from service as a police officer under Florida Statutes, s/he shall be terminated and shall not be entitled to any back pay or benefits 6 5 If a bargaining unit member who is suspended pending final court disposition of criminal charges is convicted, pleads guilty or nolo contendere to or plea bargains to a misdemeanor offense that does not disqualify him/her under Florida Statutes, the bargaining unit member shall not be entitled to any back pay or benefits upon return to full duty and may be subject to further discipline imposed in accordance with this article 6 6 If a bargaining unit member, who is suspended pending final court disposition of criminal charges, has been acquitted of all charges or has all charges dropped, he/she will be restored to full duty with all back pay and benefits, except for such discipline imposed against the bargaining umt member for violation of the City's Personnel Policy and/or departmental operating guidelines 6 7 All disciplinary action taken toward non-probationary bargaining unit members is subject to grievance 6 8 Bargaining unit members shall be required to observe and comply with written regulations governing their employment as set forth in Departmental procedures and such special and general orders and wntten communications issued by the Department or the City, including the City's Employee Handbook, to the extent that such rules or directives are not in conflict with this Agreement 6 9 No disciplinary action will be taken for violation of a rule or regulation until at least forty-eight(48)hours after posting or distribution of the rule or regulation 6 10 To the extent possible, supervisors shall document incidents, acts or behavior potentially leading to disciplinary action Record keeping must identify dates, times and circumstances 6 11 If disciplinary action is proposed that includes termination, demotion, transfer, reassignment, or other personnel action which might result in loss of pay or benefits or which might otherwise be considered a punitive measure, the bargaining unit member will be notified in writing of the proposal and the reason or reasons seven(7) calendar days prior to the effective date of such action 6 12 If disciplinary action is proposed that includes termination, demotion, or suspension without pay, the bargaining unit member will be provided a complete copy of the investigative report and supporting documents and an opportunity to address the report findings with the Police Chief in a pre-disciplinary hearing prior to the effective date of such action The bargaining unit member will be given notice of the pre-disciplinary hearing seven(7) calendar days prior to the hearing 9 01/26/16 6 13 Within fourteen(14) calendar days of the conclusion of the pre-disciplinary hearing, the Police,Chief shall notify the bargaining unit member of his/her decision in respect to the form of discipline, if any 10 01/26/16 Article 7 Personnel Records 7 1 The bargaining unit member's official personnel files are to be maintained in the City's Human Resources Department 7 2 With the exception of those exemptions noted in Flonda Statutes, records in the bargaining umt members' personnel files are public records and available for inspection The release and disclosure of any records in these files will be under the authonty of the City Clerk 7 3 Bargaining unit members shall have the nght to inspect and make copies of his/her personnel files at no charge The records shall be made available dunng regular business hours 7 4 Bargaining unit members shall be notified when any personnel file record has been released in accordance with the public records laws Documentation noting the date and identity, if known of the individual/organization requesting the personnel file record shall be placed in the personnel file Nothing herein shall require the City to obtain the name or other identifying information of any such individual/entity requesting the personnel file record 7 5 The City agrees that a bargaining unit member shall have the right to include in his/her personnel file a wntten refutation of any matenal he/she considers to be detrimental The wntten refutation must be provided to the Police Chief within thirty(30) calendar days following the completion of the disciplinary process (including the grievance process, if applicable) 1 1 01/26/16 Article 8 Work Period and Work Shift 8 1 Bargaining unit members assigned to road patrol shall work twelve(12)hour shifts from 6 00 a m to 6 00 p m or 6 00 p m to 6 00 a m The normal work period shall consist of two (2) days on, two (2) days off, three(3) days on, two (2) days off, two (2) days on, and three(3) days off Bargaining unit members assigned to road patrol shall be scheduled for a weekend off every other weekend, a weekend being defined as Friday, Saturday and Sunday,unless there is a declared emergency 8 2 Bargaining unit members assigned to any unit other than road patrol shall work eight(8) or ten (10)hour shifts with starting and ending times to be determined by the Police Chief The normal work period for eight(8)hour shifts shall consist of five(5) days on and two (2)days off The normal work period for ten(10)hour shifts shall consists of four(4) days on and three(3) days off While working a regularly scheduled shift, the K-9 member will be allotted one(1)hour of each shift for dog maintenance In addition, the K-9 member shall be compensated one (1)hour for dog maintenance during each scheduled day off 8 3 As noted in Article 2 2 B of this Agreement, the City has the right to change work schedules (starting and ending times and days on/off, early/late car, relief/power shift) as needed The City will give as much advance notice as possible when adjustments are made 8 4 Each bargaining unit member shall be entitled to a paid meal period of thirty(30) minutes and two (2) fifteen (15)minute rest periods during his regular work shift The time period for breaks must be approved by the bargaining unit members' shift supervisor prior to the bargaimng unit member taking the break 8 5 No bargaining unit member shall be required to work a split shift Whenever a shift rotation occurs or a bargaining unit member rotates to a new shift,bargaining unit members shall be entitled to at least the number of hours equal to one scheduled shift of off-duty time prior to returning to work 8 6 The bargaining unit members assigned to shifts shall have the opportunity to pick their desired shift by semonty provided the operational needs of the department are satisfied The shift picks or bids will occur in January and July The City retains the right to determine the number of slots available on each shift 12 01/26/16 Article 9 Overtime, Overtime Pay and Compensatory Time 9 1 Overtime is defined as time worked in excess of eighty-four(84)hours per pay period for twelve(12)hour shift employees and in excess of forty(40)hours per workweek for all other employees 9 2 For the purposes of computing overtime, compensatory leave, sick leave, bereavement leave, annual leave,holiday leave,military leave,jury duty and any other absence from work while on paid status will not be considered time worked 9 3 Overtime must be assigned or authonzed by supervisory staff, an employee is not entitled to assign or approve overtime to him/herself Overtime shall be scheduled in accordance with the procedures herein, except in instances of declared emergency 9 4 Except in instances of emergency, overtime opportunities will first be offered to eligible employees in the same job class, in order of seniority Should the most semor employee decline the opportunity, it will be offered to the next senior until the opportunity is accepted If no eligible employee voluntarily accepts the overtime opportunity, it will be assigned to and required of the eligible employee with the least seniority 9 5 Accepting the overtime opportunity or declining the opportunity will be considered the same in regard to eligibility for subsequent opportumties 9 6 On subsequent opportunities for overtime, the procedure described above shall begin with the bargaining unit member having the greatest semonty after the bargaining unit-member who accepted or declined the previous opportunity 9 7 Overtime worked shall be compensated at one and one-half(1 5)times the bargaining unit member's regular rate of pay as defined in the Fair Labor Standards Act 9 8 In lieu of receiving cash for overtime worked in excess of eighty-four(84)hours per pay period or forty(40)hours per workweek, as applicable, employees may request compensatory time A Equivalent compensatory time for each overtime hour worked based on Article 9 7 of this Agreement will be credited to the employee at the end of the work period in which the overtime was worked Records related to accrual and use of compensatory time are maintained by the Finance Department B The maximum accrual of compensatory time is eighty-four(84)hours for twelve(12)hour shift employees and eighty(80)hours for all other employees When an employee has reached his/her maximum accrual, the 13 01/26/16 City will include payment for any subsequent overtime in the employee's paycheck C A bargaining unit member who has accrued compensatory time and requested use of this compensatory time shall be permitted to use such time off within a reasonable penod after making the request, if such use does not unduly disrupt the operations of the Department The minimum time penod for use of compensatory time is one(1)hour D Bargaining unit members may use compensatory time accrued in conjunction with the use of vacation leave E Upon termination of employment, for whatever reason, the remaining balance of accrued compensatory time will be paid to the terminated employee(or his/her designated beneficiary or estate in the case of the employee's death) at the rate of pay in effect for him/her at that time 14 01/26/16 Article 10 Extra-Duty 10 1 Call out time is defined as any time a bargaining unit member is called into work when he/she is off duty Call out hours shall be paid for actual time worked with a minimum of two (2)hours In the event of multiple call-outs, the two (2) hour requirement shall not apply to those call-outs incurred within two (2)hours of the first call-out clock-in time If the call-out consists only of telephone calls, the actual time of the call will be paid, without regard to a minimum time Call out hours paid will be considered time worked for purposes of overtime calculation in the work period in which the call outs occurred 10 2 On call duty is defined as off-duty time when a bargaining unit member is ordered by the Police Chief, or his designee, to be readily available and prepared to perform actual work when the need anses dunng off-duty hours Members in an on call status shall receive a daily supplement of$20 00, which shall be added to his/her base annual salary during the week he/she is on call If a bargaining unit member is called out for duty, the bargaining unit member will be compensated in accordance with Article 10 1 10 3 Bargaining unit members shall be compensated for training or re-training when such training or re-training is required by the Police Chief or the State of Flonda Such training will be considered time worked for purposes of overtime calculation in the work period in which the training was conducted Bargaining umt members shall not be compensated for training or re-training, when such training or retraining is not approved by the Police Chief or his designee 15 01/26/16 Article 11 Annual Leave 11 1 Bargaining unit members are entitled to the same annual leave benefits available to all other employees of the City 11 2 The maximum amount of annual leave that bargaining unit members may accumulate is as follows Employee Type Maximum 8 hour 320 hours 10 hour 320 hours 12 hour 336 hours 11 3 In the event that the City reduces the annual leave benefits available to all other employees, the respective leave benefits will remain unchanged for bargaining unit members, unless the change is mutually agreed to by the Union and the City 16 01/26/16 Article 12 Sick Leave 12 1 Bargaining umt members are entitled to the same sick leave benefits available to all other employees of the City 12 2 In the event that the City reduces the sick leave benefits available to all other employees, the respective leave benefits will remain unchanged for bargaining unit members, unless the change is mutually agreed to by the umon and the City 17 01/26/16 Article 13 Bereavement Leave 13 1 Bargaining unit members are entitled to up to twenty-four(24)hours of bereavement leave upon approval of the Police Chief in the event of a death of a family member The member shall submit proof of death before compensation is approved 13 2 Family members are defined as spouses, children, step children,parents, step parents, parents in law, step parents in law, siblings, step siblings, grandparents, step grandparents, great grandparents, grandchildren and step grandchildren 13 3 If additional time off is necessary, annual leave or compensatory leave may be used, with the approval of the Police Chief 18 01/26/16 Article 14 Leave of Absence Without Pay 14 1 All applications for leave of absence without pay must be submitted in writing and approved by the Police Chief and the City Manager Decisions regarding leaves of absence are not subject to the grievance or arbitration procedures 14 2 Upon termination of leave of absence, the bargaining unit member shall return to the same job classification and rate of pay in effect at the beginning of the leave of absence 14 3 The bargaining unit member will not lose any City, credited service with the if the leave of absence period is less than three(3)months If the leave of absence period is longer than three(3)months, the bargaining unit member will not receive any credited service for the entire leave of absence period No other benefits will be available to the bargaining umt member during the leave of absence period 19 01/26/16 Article 15 Military Leave and Military Duty 15 1 Military leaves shall be granted in accordance with the City's Personnel Policy, Flonda and Federal Law 15 2 Except in An actual or declared emergency recall to duty, the bargaining unit member shall give thirty(30) calendar days notice, or as much notice as possible to his supervisor that his military duty will occur on the specific dates 20 01/26/16 Article 16 Workers' Compensation, On-the-Job Injury and Disability 16 1 The City provides workers' compensation insurance, in accordance with Florida Statutes, and through its carner will provide medical and compensation benefits to employees who sustain an injury as a result of and arising out of employment by the City Initial determination as to whether an injury is compensable will be made by the carrier Disputes concerning compensability of injury or type or amount of compensation shall-be resolved through existing legal process as defined by Florida Statute and shall not be subject to grievance under this Agreement 16 2 Members recognize a duty to immediately report any injury occurring while on the job, and to cooperate in providing any information necessary to process a claim 16 3 The City is entitled to select the physician who will examine or reexamine the injured employee,however, the injured employee shall have the discretion to select a physician of his/her own choice to the extent that the physician selected is approved by the carrier and providing all reports and charges of the physician comply with applicable Workers Compensation law 16 4 While on a job connected injury or disability leave,bargaining unit members shall be entitled to all benefits as provided in this Agreement 16 5 Before returning to work, a return to work statement from the treating physician must be submitted to the Police Chief, authorizing the bargaining unit member's return to work without any work restrictions or with modified duties that can be accommodated by the Police Department at that given time 16 6 A bargaining unit member(probationary or permanent) who is maliciously or intentionally inured on the job shall be paid injury leave at full pay during the duration of the job disability 16 7 A bargaining unit member who receives an accidental or unintentional injury on the job within twelve(12)months of employment with the City shall not be entitled to injury leave Bargaimng unit members shall be required to use any eligible personal leave during this period 16 8 A bargaining unit member who receives an accidental or unintentional injury on the job after twelve(12)months of employment with the City shall be paid injury leave at full pay for a period not to exceed one hundred(100)hours Workers Compensation payments issued during the period of injury leave shall be signed over to the City 21 01/26/16 16 9 Upon payment of the maximum injury leave available,bargaining unit members shall be required to use accumulated personal leave to make up the difference between the workers compensation payments and the bargaining unit members regular wages 16 10 Bargaining unit members are required to use injury leave concurrently with any available Family and Medical Leave Leave time taken will be applied towards the bargaining unit member's Family and Medical Leave entitlement 22 01/26/16 Article 17 Vehicles 17 1 The City shall equip all patrol vehicles in such a manner to allow bargaining unit members to perform their duties and responsibilities as police officers The Police Chief shall determine the type of equipment to be used 17 2 All maintenance, repairs, fuel costs, and insurance for the patrol vehicles shall be the responsibility of the City 17 3 If a bargaining unit member feels that a vehicle or other equipment is unsafe and therefore unfit for service because it is a hazard to him or the public, or both,he shall immediately inform his supervisor If the supervisor concurs, the unsafe vehicle or other equipment shall not be used until it has been inspected and determined safe Should the supervisor not concur, the bargaining unit member shall document such unsafe condition(s) and forward it to the Police Chief via the chain of command 17 4 With respect to vehicles, the term"unsafe" shall relate to brakes, lights, tires, emergency lights, spotlights,horns, sirens, steering, electrical, fuel leaks, engine /transmission,biohazard or chemical contamination 17 5 If the nature of the vehicle problem is such that it should not be dnven, the vehicle shall be taken out of service at the location where it is deemed unsafe A bargaining unit member shall not be required to deliver such unsafe vehicle to place of repair However, if the nature of the unsafe condition is such that the bargaining unit member can dnve the vehicle to a place or repair, without hazard to himself/herself or the public,he/she shall do so, if ordered to do so by his/her Supervisor 17 6 No vehicle or piece of equipment shall be released back for duty use until inspected and/or repaired by competent mechanical personnel 17 7 Bargaining unit members shall not be required to perform repairs on vehicles 17 8 Bargaining unit members shall not be required to use their personal vehicles in the performance of any assigned duties with the exception of ancillary functions 17 9 Bargaining unit members shall be allowed to dnve City vehicles home in accordance with the City's Take Home Vehicle Policy as approved by the City Manager Members shall be required to use such vehicles in accordance with the City's Take Home Vehicle Policy in effect at the time unless otherwise stipulated in this Agreement The City shall have no obligation to bargain over the creation of or changes to the Policy or the effects of such changes dunng the term of this agreement 23 01/26/16 17 10 Bargaining unit members not assigned to the K-9 unit shall not be required to transport animals in patrol vehicles, whether caged or un-caged 24 01/26/16 Article 18 Personal Day 18 1 In the event that the City reduces the Personal Day benefits available to all other employees, the respective Personal Day benefits will remain unchanged for bargaining unit members,unless the change is mutually agreed to by the Union and the City 25 01/26/16 Article 19 Insurance 19 1 The City agrees to provide the same health, dental and life insurance benefits to bargaining unit members as are provided to all City employees The cost for such insurance to bargaining unit members shall be the same as charged to all City employees The City shall have no obligation to bargain over changes to insurance or the effects of such changes dunng the term of this agreement as long as the bargaining unit members are provided the same insurance benefits as all City employees The Union shall have representation on the Employee Insurance Committee, however, the City shall have no obligation to maintain such a committee 19 2 The City shall provide life insurance or death benefits for each bargaining unit member in accordance with Flonda Statutes 26 01/26/16 Article 20 Union Representatives and Business 20 1 The City shall recognize the officers of the Clermont Police Officers Union, Local 6013 as the official representatives of the Umon, and shall consider them the sole contact with Union members in regard to the terms and conditions of employment and contract matters, subject to bargaining 20 2 The Union will be permitted to use the squad room or community service room at no cost for meetings of Local 6013 scheduled after 5 00 PM, as available, providing arrangements have been made in advance in accordance with normal scheduling procedures Other than those acting in official capacity as union representative, no employee covered by this Agreement may attend Union meetings during his/her scheduled work hours 20 3 The City will allocate a reasonable portion(approximately 1/3) of the squad room bulletin board solely for the purpose of posting notices and announcements pertaining to Union business 20 4 The Union shall not post any material that is obscene, defamatory or that impairs the operation of the Department or the City Any intentional violation of this provision by the Union may result in the privilege of such use of the bulletin board being withdrawn 20 5 The Umon shall be permitted to use the City's electronic mail system and telephone to transmit information related to Local 6013 to bargaining unit members provided such communications do not unduly interfere with City work Said electronic mail shall also be available for review by appropriate City officials The Union and bargaining unit members shall not transmit any material which would violate the City's Electronic Mail Policy 20 6 The Union shall be granted up to one(1)hour during new police officer orientations to explain jointly with a management officer the provisions of this agreement and the functions of the Union 27 01/26/16 Article 21 Reduction in Work Force 21 1 Layoff- In the event of a layoff for any reason, regular full-time employees shall be laid off in inverse order of seniority A "Seniority" for purposes of this Article is defined as the length of uninterrupted time since the most recent hire by the City B Seniority is earned within the Department and also within the City Departmental semonty will be given first consideration, if departmental seniority is equal (in terms of date), then City seniority will govern C Employees in temporary status will be laid off first, followed by employees in probationary status No permanent employee shall be laid off while another person in the same class is retained on an emergency, temporary or probationary basis by the City 21 2 Exceptions to Layoff- If the Police Chief should find that a specific employee should be retained despite a lower seniority because of special skills, abilities or training that are essential to the efficient operation of the department or the organizational unit, the Chief shall submit a written request to the City Manager that sets forth in detail the specific skills, abilities or training possessed by the member and the reasons the member is essential to the effective operation of the department A copy of the request will also be delivered to the Local 6013 Executive Committee at the same time as submitted to the City Manager Absent formal objection by the union through the grievance process and upon approval of the City Manager,the member may be retained 21 3 Alternatives to Layoff- Any member scheduled to be laid off shall be offered an alternate position if qualified and if a suitable vacancy exists A member may not "bump"another permanent employee from his/her position in order to avoid layoff 21 4 Notice of Layoff- Prior to notification of those affected, the names of all bargaining unit members scheduled for layoff will be provided to the City Manager and to the Executive Committee of Local 6013 Such notice will include information of job class and semonty of those affected and will reference any request for out-of-semonty as provided in 21 2, above Absent formal objection by the union through the grievance process and upon approval by the City Manager, layoff notices will be sent to the bargaimng unit members affected Bargaining unit members shall be notified in writing by the Police Chief of their layoff at least fourteen(14) calendar days prior to the effective date of the layoff 28 01/26/16 21 5 Recall A Members in layoff status shall retain recall rights for twelve(12) months from the date of layoff The names and seniority dates of laid-off members shall be placed on a recall list and a copy of the list shall be provided to the umon B Members shall be recalled in order of seniority as shown on the recall list determined at the date the initial layoff occurred The member with the greatest seniority shown on the recall list shall be recalled first If, after the City has provided notice of recall in accordance with this Article to each of the members on the recall list, vacancies exist because laid off members have refused recall or failed to respond to notice within the time allotted, the recall list shall be deemed exhausted and the City shall fill vacancies through its ordinary hiring process 21 6 Members will be provided notice of recall and must follow the procedures defined below in order to protect recall rights A Notice of recall shall be given to the member by first class mail sent to the most recent address contained in his/her personnel records B A member who receives a notice of recall and desires to return to work must respond to the City's Human Resources Department no later than fourteen(14) calendar days following his/her receipt of the recall notice A laid off member who fails to notify the Human Resources Department in accordance with this section shall lose recall rights C A member must report fit for duty within fourteen (14) calendar days(or less if approved by the Police Chief) following his/her notification to the Human Resources Department of his/her desired return to work A laid off member who does not report fit for duty in accordance with this section shall loose recall rights 21 7 Semonty does not accrue during layoff, nor does the member accrue time off or other benefit eligibility Upon recall, a member's seniority shall be counted from the member's former hire date, less the period of layoff 29 01/26/16 Article 22 Dues Deduction 22 1 The City agrees that upon receipt of a voluntary individual notice for any bargaining unit member, the City shall deduct from his/her pay, dues commencing with the second pay period after receipt of such notice Revocation shall be in writing and shall be effective commencing with the second pay period after receipt of such notice of revocation 22 2 Dues shall be deducted each designated pay period and those monies shall be remitted to the International Union of Police Associations, AFL-CIO (IUPA) reasonably thereafter The momes forwarded to IUPA shall be for Clermont Police Officers Union, Local 6013 and shall be marked as such 22 3 The Union will initially notify the City as to the amount of the dues to be deducted Such notification shall be to the City in writing over the signature of the president or vice-president of Local 6013 22 4 Changes in the amount of the union dues to be deducted will be certified to the City in the same manner and shall be done thirty(30) calendar days in advance of the effective date of such change 22 5 The Union agrees to indemnify and hold harmless the City, its agents, employees and officials from and against any claims, demands, damages, or causes of action (including but not limited to claims based on clerical or accounting errors) of any nature whatsoever, asserted by any person, firm or entity,based on or relating to any payroll deduction required or undertaken under this article, and agrees to defend at its sole expense any such claims against the City or its agents, employees or officials The term officials includes elected or appointed officials 30 01/26/16 Article 23 Grievance Procedure 23 1 The purpose of this Article is to establish processes for the fair, expeditious and orderly adjustment of grievances regarding contract and disciplinary disputes or disagreements between the City of Clermont, the Clermont Police Department and Local 6013 and its members involving the interpretation or application of this Agreement 23 2 Any formal grievance filed shall be in writing and shall set forth the provision or provisions of this Agreement alleged to have been violated and the facts pertaining to the alleged violation(s) and the date of the violation(s) The grievance shall be signed by the grievant and an Officer of Local 6013 Gnevances submitted which do not contain the above information and/or are incomplete, shall be amended by the grievant to state the required information The necessity of filing an amendment shall not affect the timeliness to the extent that the grievance is substantially complete 23 3 Nothing in this section shall be construed to prevent a bargaimng unit member from presenting, at any time, his own grievance without representation 23 4 A bargaimng unit member who wishes to submit a grievance must submit a grievance in writing within seven(7) calendar days after the occurrence of the matter from which the grievance arose A grievance not appealed to the next step within the time limits established by this procedure shall be considered settled on the basis of the last answer provided by management 23 5 In advancing grievances, the grievant bargaimng unit member(s)or Local 6013 and management may call a reasonable number of witnesses to offer testimony Either party may call witnesses as needed Hearings shall be continued to facilitate appearance of witnesses who are Department employees, whose presence would otherwise conflict with Department needs 23 6 The formal grievance procedures are as follows Step One • The bargaining umt member and/or Clermont Police Officers Union, Local 6013, shall file the grievance, in writing, with the Police Chief within seven (7) calendar days of the occurrence of the event giving rise to the grievance • The Police Chief will conduct a meeting within fourteen(14) calendar days with the grievant and his requested representative, unless the Police Chief chooses to grant the requested relief without further proceedings The grievant shall not be represented by an elected official of the City, the City Attorney or his staff, or any person not affiliated with Union Local 6013 The Police 31 01/26/16 Chief shall notify the grievant and the Union of his decision, in wntmg, within fourteen(14) calendar days after the meeting date Step Two • If the grievance is not resolved to the grievant's satisfaction as rendered by Step One, the bargaining unit member and/or the Union may forward the grievance, in writing, to the City Manager within fourteen(14) calendar days of receipt of the notification from the Police Chief • The City Manager shall conduct a meeting within fourteen(14) calendar days with the grievant and his requested representative, unless the City Manager chooses to grant the requested relief without further proceedings The grievant shall not be represented by an elected official of the City, the City Attorney or his staff, or a person affiliated with a Umon other than the certified bargaining agent The City Manager shall notify the grievant and the Union of his decision, in writing, within fourteen(14) calendar days after the meeting date 23 7 Grievance discussions at Steps One and Two shall be conducted during the grievant's normal duty hours The aggrieved bargaining unit member shall suffer no loss of pay or benefits for time required for such meetings 23 8 All class action grievances shall be filed at Step Two 23 9 Grievance of a reprimand shall stop at the conclusion of Step One 23 10 The aggrieved bargaimng unit member and the Union shall be given at least two (2) calendar days notice of the grievance meetings provided herein 23 11 If any grievance is not satisfactorily resolved by the procedure outlined in the Article, the Union may proceed to arbitration according to Article 24 23 12 Probationary bargaimng unit members shall not have the right to grieve discipline or discharge 23 13 It is agreed that a bargaining unit member may file a grievance/appeal, in accordance with the personnel rules,regulations, and/or ordinances of the City of Clermont Bargaining unit members may only choose one grievance/appeal process The decision to use any City Of Clermont grievance/appeal process is irrevocable and precludes the bargaining unit member from filing any grievance under the provisions of this Agreement 32 01/26/16 Article 24 Arbitration 24 1 If any grievance is not satisfactorily disposed of by the grievance procedure outlined in Article 23, the bargaimng unit member or Union may give notice of intent to arbitrate by written notice,hand delivered or by certified mail, return receipt requested,postmarked or hand delivered within fourteen (14) calendar days after the receipt of the Step Two decision Said written notice shall include a statement of facts upon which the case is submitted, including a statement of the position of the Union with respect to the arbitral issues 24 2 Within fourteen(14) calendar days of the receipt of such notice, a letter shall be directed by the Union to the Federal Mediation and Conciliation Service requesting a list of arbitrators Within seven(7) calendar days of receipt of the list of arbitrators, a Umon Representative and a representative of the City shall meet to select an arbitrator The Union and the City will alternately eliminate one name at a time from the list until only one name remains and that person shall be the arbitrator The City and the Union shall alternate in the rights to first strike names in successive arbitrations 24 3 As promptly as possible, the arbitrator shall conduct a heanng between the parties and consider the subject matter of the dispute The decision of the arbitrator will be served upon the bargaining unit member, the City and the Union, in writing A Any party may be represented at the hearings by counsel or any other representative B The hearing shall be conducted by the Arbitrator in a manner that will most expeditiously permit full representation of the evidence and arguments of all parties The parties shall make every effort to conclude the hearing within one (1) day C Each party shall bear the costs of preparing and presenting its own case Each party desiring a record of the proceedings shall pay for any costs thereof In the event both parties agree to have a record of any type made of the hearing, said parties may share equally the cost of any such service 24 4 The power and authority of the Arbitrator shall be strictly limited to determination and interpretation of the explicit terms of the Agreement as herein expressly set forth He shall not have the authority to add or subtract from or modify any said terms of the Agreement, to limit or impair any right that is reserved to the City, the Union, or bargaining unit members, to establish or change any wage or rate of pay that has been agreed to in the Agreement 24 5 No decision of any Arbitrator in one case shall create a basis for retroactive adjustment of any other case 33 01/26/16 24 6 The Arbitrator may, under the powers granted by the terms of this Agreement, direct any remedy permitted by the Florida Arbitration Code 24 7 The decision of the Arbitrator is final and binding on both parties and the grievance shall be considered permanently resolved Review shall not be precluded pursuant to the Florida Arbitration Code 24 8 The expenses of the Arbitrator shall be split equally by the parties Each party shall make arrangements for and pay the witnesses that are called by it 34 01/26/16 Article 25 Employee Educational Assistance 25 1 The City will reimburse bargaining unit members for the cost of tuition,books and fees under the following conditions A The course must be directly related to the job performed by the bargaimng unit member or any course that is required for a degree that is directly related to the job performed by the bargaining unit member B The course must be approved by the Police Chief and the City Manager and is subject to budgetary constraints C Only specific courses for a specific semester will be approved Blanket approval of courses will not be granted D The course must be at a nationally or regionally accredited institution E Reimbursement shall be made upon completion of the approved course and submission of the course final grade F The bargaining unit member has executed a separate tuition reimbursement agreement with the City agreeing to the terms set forth in this article 25 2 The City will reimburse bargaimng unit members for the cost of tuition,books and fees based on state college/university rates up to a maximum of one thousand ($1,000) dollars per fiscal year in accordance with the following schedule A 100% for attaining a final grade of"A" 75% for attaining a final grade of"B" 50% for attaining a final grade of"C" B If the course grading system is pass/fail, the City will pay 75% for a"pass"and 0% for a"fail" 25 3 Bargaining unit members who resign from the City before the completion of one (1) year of service from the date of their last course reimbursement must pay back to the City any money received during that one(1) year penod 35 01/26/16 Article 26 Physical Examinations Bargaining unit members are required to successfully complete a physical examination on an annual basis and are subject to a fitness for duty physical examination when necessary 26 1 The annual physical examination will include, at a minimum the following medical examination, height and weight,blood pressure, lab tests including unnalysis and metabolic blood panel, audio screening, vision test, EKG at rest or stress (upon recommendation by the physician) and a Tuberculosis test In addition to the required tests, bargaimng unit members may request to have a chest X-ray performed and interpreted in conjunction with the annual examination,provided appropnate justification is present The cost of the annual physical examination by the City's designated physical examination provider will be paid by the City 26 2 The Tuberculosis test results must be read within the time frame specified by the physician If the test results are not read within the specified time frame, the bargaining unit member will be required to receive another Tuberculosis test at the bargaimng unit member's cost If the Tuberculosis test is not completed within 30 days of the physical examination, the bargaining unit member will be required to undergo another complete physical examination at the bargaining unit member's cost 26 3 Scheduling of the annual physical examination will be at the discretion of the Department and dunng normal scheduled work hours, when possible Time spent at examinations which the City requires to be taken outside regular work hours will be considered hours worked for purposes of calculating overtime 26 4 The City may require a member to undergo a physical or mental examination, at the City's expense, whenever there is a reasonable belief,based on fact, that the member's fitness for duty is in question, and shall determine the nature and extent of such"fitness for duty"physical or mental examination 26 5 All physical and mental examination results will be maintained in separate medical files maintained in the City's Human Resources Department In accordance with Flonda Statutes, records contained in the bargaining unit member's medical files may be exempt from disclosure pursuant to public records laws However, any release of medical file information in accordance with Flonda Statutes will be under the authonty of the City Clerk 26 6 All physical examinations will be conducted by a physician designated by the City However, bargaining unit members may select their own physician to perform the same annual physical examination, including testing and lab work, with the approval of the City If the bargaining unit member's personal physician 36 01/26/16 performs the annual physical examination, the City will reimburse the bargaining unit member for the cost of the physical examination up to the amount charged by the City's designated physical examination provider In addition, the personal physician will have to complete the standard physical examination results form and send to the City 37 01/26/16 Article 27 General Provisions 27 1 Bargaining unit members who are on duty shall be furnished with parking facilities at the Police Department to the extent available Said parking facilities shall be furnished at no cost to the bargaining unit member 27 2 Copies of regulations,procedures, special and general orders or written directives shall be furnished to each bargaining unit member and the Union sufficiently in advance of implementation in order to afford the Union the opportunity to consult with, or request to bargain over the change to be implemented 27 3 Bargaining unit members shall be required to observe and comply with such additional or supplemental rules and regulations promulgated and published by the Police Chief or his designee only after receipt of actual notice of such rule modification 27 4 Prior to the implementation of any new and/or revised regulations,procedures, departmental operating guidelines, written directives or personnel policies, the City shall provide the new or revised items to the Union for review and, if required,bargaining 27 5 Any memorandum issued will be in effect until the next annual revision of the Department's Operating Guidelines, after which they must either be incorporated in the Department's Operating Guidelines or shall be null and void 27 6 All bargaining unit members are subject to drug/alcohol testing in accordance with the City's Substance Abuse Policy—Part A 27 7 Bargaining unit members may request an annual AIDS test to be performed at a facility designated by the City Results of such tests shall be kept confidential 27 8 The probationary period for new bargaining unit members is one(1) year, however, the period may be extended by the Police Chief at his/her discretion for additional observation 27 9 A bargaining unit member may, subject to prior approval of the Police Chief, accept and be employed in an occupation off-duty, which is not in violation of Federal or State Laws or rules and regulations of the Department, providing that such employment shall not interfere with or adversely affect the performance of assigned duties 38 01/26/16 27 10 The City recognizes that pursuant to Florida Statutes, employees covered by this Agreement shall have the nght, without interference, intimidation, coercion or retaliation to engage in concerted activities not prohibited by law, for the purpose of collective bargaining or other mutual aid or protection, or to refrain from engaging in such activities 27 11 Any member who is in good standing and is eligible for full service retirement after having completed(20)twenty years of service or more as a law enforcement officer with the City of Clermont will be given his or her standard issue service weapon at no cost to the member The service weapon shall be retired from duty use and become the personal property of the member A member may be afforded this right as a condition of early retirement at the discretion of the Chief of Police provided the member is fully vested 39 01/26/16 Article 28 Severability Clause 28 1 If any article or section of this Agreement should be held invalid by operations of law or by any tribunal of competent jurisdiction, or, if compliance with or enforcement of any article or section should be restrained by such tribunal, the remainder of this agreement shall not be affected thereby 28 2 The parties shall enter into collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such article or section 40 01/26/16 Article 29 Locker Room Facilities 29 1 The City agrees to provide and maintain locker room facilities for bargaining unit members, as appropnate 29 2 Said locker room facilities shall consist of,but not limited to, the following lockers and showers 29 3 An agent of the City shall have the nght to inspect a bargaining unit member's locker space without permission of the bargaining unit member or proper authonty of law,provided said inspection is done in the presence of a bargaining unit representative The City shall be financially responsible for reimbursing a bargaining unit member for loss or destruction of property by an Agent or employee of the City dunng said inspection, excluding the locking device if the bargaining unit member was given the opportunity to open said locker 41 01/26/16 Article 30 Voting 30 1 During a pnmary, special or general election, a bargaining unit member who is registered to vote, whose hours do not allow sufficient time for voting, shall be allowed necessary time off with pay for this purpose Where the polls are open two (2)hours before or after the regularly scheduled work penod, it shall be considered sufficient time for voting 42 01/26/16 Article 31 Wages 31 1 The following pay scales shall be effective during the duration of this contract Minimum Maximum Hourly Annual Hourly Annual Officer(2184 annual hours) $18 86 $41,190 $28 29 $61,785 Officer(2080 annual hours) $19 79 $41,190 $29 70 $61,785 Sergeant(2184 annual hours) $22 61 $49,379 $33 91 $74,068 Sergeant(2080 annual hours) $23 74 $49,379 $35 61 $74,068 31 2 All bargaining unit members hired by the City shall be paid the minimum hourly rate for that classification However, any bargaining unit member with prior sworn law enforcement service shall be increased two (2) percent for every three (3) years of prior service up to a maximum of four percent (4%) at the date of hire The prior service must have been in the state of Flonda as a full-time sworn law enforcement officer and within one(1) year of employment with the City 31 3 All bargaining unit members not in a Sergeant classification and who have successfully completed the required Field Traimng Officer training shall be compensated an additional $2 00 for all hours worked as a field training officer 31 4 All bargaining unit members who are required by management to work in a higher classification for an entire shift due to a supervisor's absence shall be compensated an additional 5% for all hours worked in the higher classification 31 5 Bargaining unit members shall be eligible for pay increases during the duration of this contract as follows October 1, 2014—September 30, 2015 > Bargaining unit members will be eligible to receive hourly ment pay increases based on the overall rating of their twelve (12) month City employment anniversary performance evaluation as noted in Article 38 of this Agreement Merit pay increases shall range from 2%to 4%, in accordance with performance rating scale in use for sworn police department employees October 1, 2015 —September 30, 2016 > Bargaining unit members will be eligible to receive any October 1, 2015 pay increase that may be included in the October 1, 2015 — September 30, 2016 fiscal year budget as approved by the City Council > Bargaining unit members will be eligible to receive hourly merit pay increases based on the overall rating of their twelve (12) 43 01/26/16 month City employment anniversary performance evaluation as noted in Article 38 of this Agreement Merit pay increases shall range from 2% to 4%, in accordance with performance rating scale in use for sworn police department employees October 1, 2016—September 30, 2017 > Bargaining umt members will be eligible to receive any October 1, 2016 pay increase that may be included in the October 1, 2016 — September 30, 2017 fiscal year budget as approved by the City Council > Bargaining unit members will be eligible to receive hourly meet pay increases based on the overall rating of their twelve (12) month City employment anniversary performance evaluation as noted in Article 38 of this Agreement Ment pay increases shall range from 2% to 4%, in accordance with performance rating scale in use for sworn police department employees 31 6 Merit pay increases shall not be available to bargaining unit members who have reached the maximum of their pay grade, unless specifically approved in the budget 31 7 Any pay increases for bargaining unit members under this article shall not be less than the percentage pay increase given to other City employees not covered by a collective bargaining agreement 44 01/26/16 Article 32 Holidays 32 1 The following days shall be observed as official holidays for bargaining unit members First Day of January(New Years Day) Third Monday of January(Martin Luther King Day) Last Monday in May(Memonal Day) The Fourth of July First Monday in September(Labor Day) November 11 cn (Veterans' Day) Fourth Thursday in November(Thanksgiving) Fourth Fnday in November December 24th (Christmas Eve) December 25th(Christmas Day) 32 2 Twelve(12)hour bargaining unit members shall observe the holiday on the actual holiday When an official holiday falls on a Saturday, all other bargaining unit members shall observe the holiday on the Fnday immediately preceding the holiday When an official holiday falls on a Sunday, all other bargaining unit members shall observe the holiday on the first Monday after the holiday 32 3 Holiday pay shall be paid in the following manner A All bargaining unit members who meet the Holiday Pay eligibility requirements outlined in Article 32 3 C of this Agreement shall be paid Holiday Pay equivalent to the same number of hours worked on a regularly scheduled shift at the bargaining unit member's regular rate of pay In the event that the observed holiday falls on the bargaining unit members regularly scheduled day off, the member may request and, with the Police Chief s approval,be given off with pay the same number of hours worked on a regularly scheduled shift in the same pay penod, instead of being paid the holiday pay B All bargaining unit members who are required to work on an official holiday and do not qualify for the overtime premium as noted in Article 9 of this Agreement shall be paid for all hours worked on the holiday at the rate of one and one-half(1 50) times the bargaining unit member's regular rate of pay In 45 01/26/16 addition, the bargaining umt member must meet the Holiday Pay eligibility requirements outlined in Article 32 3 C of this Agreement C To be eligible for Holiday Pay, a bargaining unit member must meet the following requirements 1 Must be a full-time employee 2 Must work on the scheduled days pnor to and after the holiday, with the exception if the absence was due to the following reasons a The bargaining unit member's was previously approved b The bargaining unit member is absent because of sickness or accident and provides a doctor's statement indicating medical attention has been received c The bargaining unit member is absent due to being on approved bereavement leave d The bargaining unit member is absent due to a current on the job injury D A bargaining unit member who reports in on the scheduled work date pnor to the holiday and was unable to complete his shift due to illness, injury or emergency, shall be considered to have worked that day The same shall apply to the first scheduled day after the holiday 46 01/26/16 Article 33 Publication of the Agreement 33 1 The Union shall be responsible for pnntmg and distnbuting the necessary number of copies of this Agreement to the bargaining unit members 33 2 The Union and the City agree to execute duplicate onginals of this Agreement 47 01/26/16 Article 34 Promotions 34 1 Promotions shall be conducted as provided in the City's Personnel Policy and department's Standard Operating Procedures 34 2 Bargaining unit members promoted to Sergeant shall receive a pay increase to either the pay scale minimum noted in Article 31 5 of this agreement or equivalent to five(5)percent, whichever is greater 34 3 If the promoted bargaining unit member does not successfully complete the probationary penod, the member may return to the position from which he/she was promoted If the position from which the member was promoted is filled or the Police Chief does not approve the return, reasonable efforts will be made to place the member in a comparable position, if one is available within the City The member's rate of pay will be adjusted to that rate of pay pnor to the promotion If such a vacancy does not exist, the member will be laid off 48 01/26/16 Article 35 Duration 35 1 This Agreement shall be in full force and effect upon ratification by the bargaining unit members and approval by the City Council Such ratification and approval shall be made immediately following finalization of this Agreement 35 2 This Agreement shall continue in full force and effect until midnight of September 30, 2017 35 3 Upon expiration of this Agreement, the terms and conditions of employment of the bargaining umt members shall be governed by the status quo doctrine except that the pay increases outlined in Article 31 shall not be effective after the expiration of this Agreement Pay increases after the expiration of this Agreement will be subject to negotiations 49 01/26/16 L Article 36 Damage or Loss to Personal Property 36 1 The City shall reimburse a bargaining unit member for loss or damage to personal property specifically noted in this article in the performance of his duty, subject to the procedures and restrictions set forth in the following paragraphs No reimbursement shall be made if loss or damage results from carelessness, negligence or misuse on the part of the bargaining unit member A Lost or damaged corrective eyewear shall be reimbursed 100% of the cost of repair or replacement per bargaining unit member per incident The maximum amount of reimbursement for the cost of repair or replacement of watches, wedding nngs or medical identification bracelets shall be$200 per bargaining unit member per incident B Report of the loss of or damage to personal property must be made within the shift in which the loss or damage occurs or within a maximum of 3 calendar days if mitigating circumstances such as an injury prevent the bargaimng unit member from reporting at the time of loss Such report must include an explanation of how, when, and under what circumstances the loss occurred, and provide the brand name, onginal cost, and age of the item for which reimbursement is requested The bargaining unit member's supervisor is responsible for investigating and making a recommendation to the Police Chief concerning the claim C To receive reimbursement, the bargaining unit members must provide a receipt for the replacement article and, if possible, the remains of the broken item 50 01/26/16 Article 37 Pensions 37 1 The City agrees to continue providing pension benefits to bargaining unit members in accordance with the City of Clermont Police Officers Pension Plan in effect as of February 10, 2015 37 2 Effective as of the date of approval of this contract, the City agrees to convert 100%of the Chapter 185 reserve fund to a share plan The total amount shall be credited to each participant based on their completed months of credited service in proportion to the combined completed months of credited service of all participants 37 3 Effective as of the date of approval of this contract, the Union agrees to allow the City to use 100%of all future Chapter 185 annual distributions up to the amount received in the 2012 calendar year($211,000) and 50%of any future annual amounts in excess of the 2012 calendar year distribution to fund the normal cost of the pension plan The remaining 50%of/any future annual amounts in excess of the 2012 calendar year distribution shall be credited to participant share accounts, with each participant's account receiving an equal share of the total amount allocated 51 01/26/16 Article 38 Performance Evaluations 38 1 Newly hired bargaining unit members not in a Sergeant classification shall receive six (6), nine(9) and twelve (12)month performance evaluations based on their City employment anniversary date and then every twelve(12)months, thereafter based on their City employment anniversary date 38 2 Bargaining unit members who have been transferred to another position covered by this agreement shall continue to receive performance evaluations based on the evaluation date in effect immediately pnor to the transfer 38 3 Bargaining unit members promoted to the Sergeant classification shall receive six (6) and twelve(12)month performance evaluations based on their date of promotion to Sergeant In addition, promoted bargaining unit members will receive a twelve(12)month performance evaluation based on their City employment anniversary date and then every twelve(12)months thereafter based on their City employment anniversary date 52 01/26/16 Article 39 Uniforms and Equipment 39 1 The City will provide uniforms to all bargaining unit members who are required to wear such uniforms in the performance of their duties at no cost to the member However, the bargaining unit member shall be responsible for any applicable clothing fringe benefit federal income taxes The Police Chief shall determine the style of uniform worn by the members 39 2 Any uniforms provided by the City which are damaged or destroyed while a member is acting in the performance of their duties, shall be replaced by the City within a reasonable penod of time at no cost to the member 39 3 Non-uniformed or plain clothes members shall receive an annual clothing allowance of$500 00 payable in the first pay period in October of each year Members permanently transferred from the umform division to a unit where plain clothes are required dress shall receive a fiscal year prorated clothing allowance upon start of work in that unit Temporary reassignment to a position not requinng plain clothes will not preclude the clothing allowance The clothing allowance shall not be required to be paid back by any member should their position change for any reason 39 4 The City shall provide shoes to all bargaining unit members on an annual basis, at no cost to the bargaining unit member The Police Chief shall establish the type/style and maximum cost of shoe to be paid for by the City 39 5 The City shall provide all equipment necessary to safely and effectively perform the duties and responsibilities of a sworn Police Officer at no cost to the member The Police Chief shall determine what equipment is necessary 39 6 When it is determined that a bargaining unit member is at fault for loss or damage to City issued equipment through a careless or intentional act, in addition to any other applicable disciplinary action an assessment may be made in accordance with the following schedule A If the loss/damage is the first occurrence within a two year period, the percentage assessed shall be 25% of the cost of repair or replacement, not to exceed fifty dollars,($50 00) B If the loss/damage is-the second occurrence within a two year period, the percentage assessed shall be 50% of the cost of repair or replacement, not to exceed seventy-five dollars ($75 00) C If the loss/damage is the third occurrence within a two year period, the percentage assessed shall be 75%of the cost of repair or replacement, not to exceed one hundred dollars ($100 00) 53 01/26/16 D If the loss/damage is the fourth occurrence within a two year penod, the percentage assessed shall be 100% of the cost of repair or replacement, not to exceed one hundred twenty-five dollars ($125 00) Due to extenuating circumstances at the time of loss or damage, the member's supervisor may recommend to the Police Chief that the assessment be waived 39 7 Upon termination of employment or transfer from the department, the bargaining unit member shall return all uniforms and equipment issued to him/her in like condition as when issued, with the exception of reasonable wear and tear 54 01/26/16 Article 40 Modified Duty Assignment 40 1 If a bargaining unit member is temporanly unable to perform the essential functions of his/her job due to a non-work related injury/illness, a written request for a modified duty assignment may be submitted There shall be no modified duty status allowed a member unless, at the Police Chief's sole discretion, it is determined that a necessary modified duty work opportunity exists within the Police Department In the event there is no modified duty work available in the Police Department, the City Manager may approve modified duty status for work in other departments of the City 40 2 If such an opportunity is available, the Police Chief shall inform the bargaining unit member in writing of any modified duty assignment(s) and the physical capabilities required for their performance 40 3 Upon the request of the Police Chief, the bargaining umt member shall present this modified assignment information to the treating physician and obtain, at his/her expense, a written evaluation of the bargaining unit member's capacity to perform the essential functions of the assignment The medical evaluation must be in sufficient detail to satisfy the Chief The Chief reserves the right to request a second opinion from a City-selected physician at the City's expense if any doubt exists concerning the member's current ability to perform the modified duties 40 4 Any modified duty assignment shall be administered by the City in accordance with applicable law, including but not limited to the Americans with Disabilities Act Modified duty may be ended at the will of the City at any time in accordance with applicable law, and shall not be subject to the grievance/arbitration provisions of this Agreement 40 5 A bargaining umt member performing a modified duty assignment will be paid only for time actually worked and at his/her regular straight time rate of pay No additional or overtime hours may be worked when a member is performing a modified duty assignment He/she may utilize accumulated and available sick, vacation, or personal time to make up a loss in pay if the modified assignment does not require at least 80 hours in a biweekly pay period 40 6 In the event a bargaining unit member suffers an on-the-job illness or injury that is compensable under Workers' Compensation, he/she shall be given preference for a modified duty assignment over a member suffenng a non-work related condition if there are insufficient necessary modified duty work opportunities available The process for obtaining and granting such an assignment shall be the same as noted above in Sections 40 1 —40 4 55 01/26/16 Article 41 Health and Safety 41 1 It is understood that smoking and other forms of tobacco use is a known hazard to the health of employees, including members of the bargaining unit In an effort to improve the health of bargaining unit members and to decrease the costs associated with treating tobacco related illnesses,bargaimng unit members are required to adhere to the City's Smoking and Tobacco Use Policy in effect at the time unless otherwise stipulated in this Agreement 41 2 All bargaining umt members shall be required to participate in an annual physical abilities evaluation Time spent participating in the evaluation will be considered time worked for purposes of overtime calculation in the work period in which the evaluation was conducted The annual physical abilities evaluation shall be conducted in accordance with departmental operating guidelines agreed upon by the Union and the City Bargaining unit members shall be encouraged but not required to achieve a"passing" score or rating Bargaining unit members who do not achieve a"passing"score or rating on the physical abilities evaluation shall not receive any discipline, counseling nor be demed a promotion to a higher rank based on their performance 56 01/26/16 Article 42 Complete Agreement 42 1 This Agreement constitutes the entire Agreement and understanding between the parties and, subject to applicable law, shall not be modified, altered, changed or amended in any respect except on mutual agreement set forth in wnting and signed by authonzed representatives of both parties, and supersedes any and all previous agreements and understandings between the parties, either wntten or orally 57 01/26/16 NEGOT , ING TEAM FOR THE CLERMONT POLICE OFFICERS NION LOCAL 6013 ..ai ,Aa I I I PP-' ‘EP '-''"...------ • •y- e- 17P..'ip., __ Eric Lane,Vice President 4- t- 41 i4 Erwin R: irez,Se' reasurer Brent Joyner, •T14ember ,IF � _ � _ / u ts, erjwe Member John raczyk, xecu 'ye Member # -5.-400, ck Moriarty,IUPA ` •p ntatrve NEGOTIATING TEAM FOR THE CITY OF CLERMONT Ai 1I Da .11FIIIM L'ty anage•- Joseph Va Zile,F /'rector - i 0.1 arles Broadway,Police Chief Susan Carroll Dander's,Human Resources Director -i' ..'t;- r -t ,� 4THISfAGREEMENT APPROVED UPON ADOPTION BY THE CITY COUNCIL OF THE CITY °,r OF CLERMONT ON THE 26TH DAY OF JANUARY,2016 � � / All .�r� ..d 5 / l Gail L Ash,Mayor `r6 /r, ATTEST' rrr'" rrse �' Tracy Ackroyd Howe,City Clerk 01/26/16