Contract 2018-96 Collective Bargaining Agreement
Between the
International Union of Police Associations, AFL-CIO
Clermont Police Officers Local 6013 and Sergeants Local 6014
And the
City of Clermont, Florida
October 1, 2017 through September 30, 2020
(Approved October 23, 2018)
Table of Contents
Article Description Page No.
-- Preamble 1
Article 1 Recognition 2
Article 2 Prevailing and Management Rights 3
Article 3 Indemnification 5
Article 4 Non-Discrimination 6
Article 5 Administrative Investigations 7
Article 6 Professional Standards and 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 Disability21
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 Grievance Procedure 31
Article 24 Arbitration 33
Article 25 Employee Educational Assistance 35
10/23/18
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
10/23/I8
Preamble
This agreement is entered into by and between the City of Clermont hereafter referred to
as the"City"or"employer"and the International Union of Police Associations,AFL-
CIO Clermont Police Officers Local 6013 and Sergeants Local 6014, 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 unit 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.
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Article 1
Recognition
1.1 The City hereby recognizes the International Union of Police Associations,AFL-
CIO Clermont Police Officers Local 6013 and Sergeants Local 6014 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 Florida Public Employees Relations Commission
(PERC).
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Article 2
Prevailing and Management Rights
2.1 The Union recognizes the prerogative of the City, except as expressly abridged 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.
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N. To suspend provisions of this agreement during a time of declared emergency
conditions, including but not limited to riots,civil disorders, hurricane 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 impact thereof.
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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 unit 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.
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Article 4
Non-Discrimination
4.1 There shall be no discrimination against any employee covered by this Agreement
because of race, religious creed, color, national origin, sex/gender, age, disability,
marital status, veteran's status, political affiliation, pregnancy, genetics or sexual
orientation 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 discrimination on the basis of age,race, religious
creed,color,national origin, sex/gender,disability, marital status,veteran's status,
political affiliation,pregnancy, genetics, sexual orientation,or any other protected
classifications. 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.
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Article 5
Administrative Investigations
5.1 Administrative investigations of bargaining 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,
he/she will be notified in writing.At the discretion of the Police Chief he/she 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. If criminal charges are filed
against a bargaining unit member, he/she may(at the discretion of the Police
Chief)be placed on administrative leave without pay.
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 bargaining 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.
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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 instances where the employee's 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. Prior 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 period of time of at least one shift and not more
than one pay period. However, if the bargaining unit member has been
suspended as the result of an administrative investigation into pending
criminal charges,the bargaining 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.
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6.4 If a bargaining unit member who is suspended/placed on administrative leave
without pay pending final court disposition of criminal charges, is convicted or
pleads guilty or nob 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/placed on administrative leave
without pay pending final court disposition of criminal charges, is convicted,
pleads guilty or nob 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/placed on administrative leave
without pay 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 unit 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 written 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(e.g., administrative leave without pay)
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
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given notice of the pre-disciplinary hearing seven(7)calendar days prior to the
hearing.
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.
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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 Florida Statutes, records in the
bargaining unit members' personnel files are public records and available for
inspection. The release and disclosure of any records in these files will be under
the authority of the City Clerk.
7.3 Bargaining unit members shall have the right to inspect and make copies of
his/her personnel files at no charge. The records shall be made available during
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 written refutation of any material he/she considers to be
detrimental. The written 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).
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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 bargaining 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 seniority 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.
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Article 9
Overtime, Overtime Pay and Compensatory Time
9.I 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 authorized by supervisory staff;an employee is not
entitled to assign or approve overtime for him/herself. Overtime shall be
scheduled at the discretion of the Police Chief or designee in accordance with the
procedures herein,except in instances of a 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
senior 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 opportunities.
9.6 On subsequent opportunities for overtime,the procedure described above shall
begin with the bargaining unit member having the greatest seniority 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
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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 period after making the request, if such use does not unduly disrupt
the operations of the department. The minimum time period 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.
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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 arises during 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 Florida.
Such training will be considered time worked for purposes of overtime calculation
in the work period in which the training was conducted. Bargaining unit 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.
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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.
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Article 12
Sick Leave
12.1 Bargaining unit 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 union and the City.
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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 the employee's children,parents,parents-in-law.
brothers, sisters, grandparents,grandchildren, great grandparents,great
grandchildren, aunts, uncles, and current spouse, step-children, step-parents, step
parents-in-law, step-brother, step-sister, step-grandparents, step-grandchildren,
sisters-in-law, brothers-in-law, sons-in-law, and daughters-in-law.
13.3 If additional time off is necessary,annual leave or compensatory leave may be
used, with the approval of the Police Chief.
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Article 14
Leave of Absence
14.1 All applications for leave of absence must be submitted in writing and approved
by the Police Chief and the City Manager in collaboration with the Human
Resources Department. 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 credited service with the City, 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 unit member during the leave of
absence period.
14.4 A leave of absence shall run concurrent with all forms of leave including FMLA
and shall not exceed a total of one hundred eighty(180)calendar days. Annual,
sick,personal and compensatory leave may be used during a leave of absence. All
leaves must be exhausted prior to going into an unpaid status.
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Article 15
Military Leave and Military Duty
15.1 Military leaves shall be granted in accordance with the City's Personnel Policy,
Florida 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.
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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 carrier 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 is entitled to a one-time change
in physicians per claim, subject to the approval of the workers' compensation
carrier and 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 injured 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. Bargaining 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 when the
employee is required to be absent from work at the direction of a physician
selected in accordance with Article 16.3 above. Workers Compensation payments
issued during the period of injury leave shall be signed over to the City.
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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.
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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 driven,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 drive 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 drive 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 during the term of this
agreement.
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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.
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Article 18
Personal Day
18.1 In the event that the City reduces the Personal Day(s) 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.
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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 during 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 Florida Statutes.
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Article 20
Union Representatives and Business
20.1 The City shall recognize the officers of the Clermont Police Officers Union, Local
6013 and 6014 as the official representatives of the Union,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 and 6014 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 Union shall be permitted to use the City's electronic mail system and
telephone to transmit information related to Local 6013 and 6014 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.
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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 seniority 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 employeeic
P Y Pe
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 and
6014 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 and 6014. Such notice
will include information of job class and seniority of those affected and will
reference any request for out-of-seniority 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 bargaining 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.
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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 union.
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. lf, 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 Seniority 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.
21.8 In the event of a layoff, special consideration will be given to individuals eligible
for Veterans' preference in accordance with State law and City policy.
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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 monies forwarded to IUPA shall be for Clermont
Police Officers Union, Local 6013 and 6014 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 and 6014.
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.
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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 6014 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 and 6014.
Grievances submitted which do not contain the above information and/or are
incomplete, shall be amended by the grievant within five(5)calendar days of the
original filing 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 bargaining unit member
from presenting, at any time, his own grievance without representation.
23.4 A bargaining 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 bargaining unit member(s)or Local 6013
and 6014 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 unit member and/or Clermont Police Officers Union, Local
6013 and 6014, 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
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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 and 6014. The
Police Chief shall notify the grievant and the Union of his decision, in writing,
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 Union 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 bargaining 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 bargaining 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.
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Article 24
Arbitration
24.I If any grievance is not satisfactorily disposed of by the grievance procedure
outlined in Article 23,the bargaining 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 Union 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 hearing 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.
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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.
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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 applicable to the employee's field of work or
of such nature and quality to directly contribute to the employee's
value and potential growth in law enforcement.
B. The course must be pre-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 a reein to the terms set
forth in this article.
25.2 The City will reimburse bargaining 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 period.
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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
urinalysis 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, bargaining unit members may request to have a
chest X-ray performed and interpreted in conjunction with the annual
examination,provided appropriate 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 bargaining 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 during 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, health and mental examination results will be maintained in separate
medical files maintained in the City's Human Resources Department. In
accordance with Florida 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 Florida Statutes will be under the authority 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
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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.
26.7 The standard for evaluating if an employee is medically qualified to perform their
position is ultimately determined by the requirements of being a police officer. If
the employee is not medically qualified,the employee will be required to comply
with the provider's recommendations at his/her own expense until the employee is
deemed to be medically qualified, unless the employee files a workers'
compensation claim and is evaluated and treated under a separate policy.
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Article 27
General Provisions
27.I 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 Drug Free Workplace Policy and Procedure.
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. A bargaining unit member may not, however,engage in off-duty
employment which is contrary to his/her medical restrictions.
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27.10 The City recognizes that pursuant to Florida Statutes,employees covered by this
Agreement shall have the right,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.
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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.
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Article 29
Locker Room Facilities
29.1 The City agrees to provide and maintain locker room facilities for bargaining unit
members, as appropriate.
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 right to inspect a bargaining unit member's
locker space without permission of the bargaining unit member or proper
authority 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 during said inspection, excluding the locking device if the
bargaining unit member was given the opportunity to open said locker.
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Article 30
Voting
30.1 During a primary, 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 period, it shall be
considered sufficient time for voting.
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Article 31
Wages
31.1 The following pay scales shall be effective during the duration of this contract.
Oct. 1,2017-Oct. 28,2018 Minimum Maximum
Hourly Annual Hourly Annual
Officer(2184 annual hours) $18.86 $41,190.00 $28.86 $63,030.00
Officer(2080 annual hours) $19.79 $41,190.00 $30.29 $63,030.00
Sergeant(2184 annual hours) $22.61 $49,379.00 $34.59 $75,544.00
Sergeant(2080 annual hours) $23.74 $49,379.00 $36.32 $75,544.00
Oct. 29,2018-Sept. 29,2019 Minimum Maximum
Hourly Annual Hourly Annual
Officer(2184 annual hours) $19.24 $42,020.16 $29.44 $64,296.96
Officer(2080 annual hours) $20.20 $42,020.16 $30.91 $64,296.96
Sergeant(2184 annual hours) $23.97 $52,350.48 $36.67 $80,087.28
Sergeant(2080 annual hours) $25.17 $52,350.48 $38.50 $80,087.28
Sept. 30,2019-Sept.30,2020 Minimum Maximum
Hourly Annual _ Hourly Annual
Officer(2184 annual hours) $19.53 $42,653.52 $29.88 $65,257.92
Officer(2080 annual hours) $20.51 $42,653.52_ $31.37 $65,257.92
Sergeant(2184 annual hours) $24.33 $53,136.72_ $37.22 $81,288.48
Sergeant(2080 annual hours) $25.55 $53,136.72 $39.08 $81,288.48
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 Florida 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 Training 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, 2017—September 30, 2020
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> Each fiscal year, bargaining unit members will be eligible to receive
any cost of living pay increase that may be included in the 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)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.
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
in the form of a lump-sum payment.
31.7 Merit and cost of living 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.
31.8 Merit pay shall he calculated on the bargaining unit member's base pay.
3 I.9 Bargaining unit members that are assigned to the Criminal Investigations Division,
shall be compensated 5%. The additional compensation shall only be paid to the
bargaining unit member while he/she is assigned to the Criminal Investigations
Division. If the bargaining unit member is reassigned for any reason out of the
Criminal Investigations Division, he/she shall immediately forfeit earning the
additional 5%.
31.10 All bargaining unit members in the classification of Sergeant shall receive a six
percent(6%)hourly pay rate increase effective the beginning of the first pay period
after contract approval, and a one and a half percent (1.5%) hourly rate increase
effective September 30, 2019.
31.11 All bargaining unit members in the classification of Police Officer shall receive a
two percent (2%) hourly pay rate increase effective the beginning of the first pay
period after contract approval, and a one and a half percent (1.5%) hour rate
increase effective September 30, 2019.
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Article 32
Holidays
32.1 The following days shall be observed as official holidays for bargaining unit
members:
First Day of January (New Year's Day)
Third Monday of January (Martin Luther King Day)
Last Monday in May(Memorial Day)
The Fourth of July
First Monday in September(Labor Day)
November 11th(Veterans' Day)
Fourth Thursday in November(Thanksgiving)
Fourth Friday 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 Friday 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 employees who meet the holiday pay eligibility requirements outlined in
this section shall be paid holiday pay equivalent to eight (8) hours at the
employee's regular rate of pay. In the event that the observed holiday falls on
a day that the employee is regularly scheduled to work a shift of more than
eight (8) hours and does not work due to the observance of the holiday,the
employee shall receive the remainder of the hours as 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
addition, the bargaining unit member must meet the Holiday Pay eligibility
requirements outlined in Article 32.3.0 of this Agreement.
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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 prior to and after the holiday, as well as
the day of the holiday if scheduled, or the bargaining member must be in
an approved pay status on the day prior to and the day after the holiday, if
scheduled. Pay status shall include members on paid annual, sick, or comp
time as well as leave due to workers' compensation and/or personal days.
D. A bargaining unit member who reports in on the scheduled work date prior 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.
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Article 33
Publication of the Agreement
33.1 The Union shall be responsible for printing and distributing the necessary number
of copies of this Agreement to the bargaining unit members.
33.2 The Union and the City agree to execute duplicate originals of this Agreement.
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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 period, 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 prior to the
promotion. If such a vacancy does not exist, the member will be laid off.
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Article 35
Duration
35.1 Phis 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, 2020.
35.3 Upon expiration of this Agreement,the terms and conditions of employment of
the bargaining unit 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.
35.4 Unless specifically stated herein,all changes shall be effective the beginning of
the first pay period after contract approval (with the exception of merit pay
increases).
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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 rings 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 bargaining 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, original 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.
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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 September 25,2018.
37.2 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.
37.4 Effective the beginning of the first pay period after contract approval,bargaining
unit members shall contribute four percent(4%)of their salary toward the normal
pension cost of the Plan. Effective in the pay period beginning September 30,
2019,bargaining unit members shall contribute five percent(5%)of their salary
toward the normal pension cost of the Plan.
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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 prior 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.
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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 period 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 second pay period in October of each year.
Members permanently transferred from the uniform 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
requiring 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 actions 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).
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D. If the loss/damage is the fourth occurrence within a two year period,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.
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Article 40
Modified Duty Assignment
40.1 If a bargaining unit member is temporarily 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 and in
collaboration with Human Resources and the City Manager, 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 unit 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 unit 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 suffering 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
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, bargaining 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 unit members shall be required to participate and complete 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 denied a
promotion to a higher rank based on their performance.
41.3 Bargaining unit members that complete the physical abilities evaluation within the
predetermined time limit as designated by the Police Chief(in conjunction with
the City Manager and Human Resources Director), shall be eligible for one (1)
Personal Day to be used within the current calendar year.The Personal Day
cannot be carried forward to the next calendar year, must be taken in one day(no
hourly increments),and shall be the equivalent to the number of hours worked by
the employee in a normal shift.
56
Article 42
Complete Agreement
42.I 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 writing and
signed by authorized representatives of both parties, and supersedes any and all
previous agreements and understandings between the parties,either written or
orally.
57
NEGOTIATING TEAM FOR THE CLERMONT POLICE OFFICERS
UNION LOCAL 6013 AND 6014
...ided/ '
Jere/vitt, esi j't ' Eric Lane,Vice President
-'111111,4101.'" fligel POIPW4/.
Scott Tufts,/ cretry/Treasurer S 6 : . ickland,Executive Sergeant Member
Zi/2-1(.1------ - .--....,
S -
Christopher Martin,Executive Officer Member Jasoe Sa re,Exe ve Sergeant Member
N
Amo ass cutive Sergeant Member Holly E.Van Conte ,IIIPA Representative
NEGOTIATING TEAM FOR THE CITY OF CLERMONT
dgli
Wi�nk,�r . . / a
r- :ii" :'City Ian _ere Susan Carroll-Dauderis,Human Resources Director
" _...di11111111te► AO
,' arl;j ay, 'olice Chic Joseph an Zile,F' Director
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L',dsay .Oyewale,Labor Attorney
THI AGREEMENT APPROVED UPON ADOPTION BY THE CITY COUNCIL OF THE CITY
OF ' LERMONT ON THE 23RD DAY OF OCTOBER,2018.
...,,,e_ , -,i--/-----
' ...Gai ...Ash,Mayor
ATTES/
diO /or
Tracy Ackroyd Howe,City Clerk
58