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2002-18Collective Bargaining Agreement between the Florida P~lice Benevolent Association, Inc. and the . City of Clermont (Approved August 27, 2002) Retroactive October 1, 2001 through September 30, 2004 . . Article . . Page No. Article 1 Article 2 . Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 1 0 Article 11 Article 12 . Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 . Table of Contents Description Preamble...................................................................... Recognition .................................................................. Prevailing and Management Rights ............................. Indemnification ............................................................. Employee Activities ...................................................... Employee Disciplinary Procedures............................... Non-Discrimination ............................................ ........... Working Out of Classification ....................................... Work Week and Work Shift ................................."....... Overtime.................................. ...".................................. Extra Time Provisions .................................................. Annual Leave ............................................................... Sick Leave """"""""""""""""""""""""""""""'".... Equipment Issue & Clothing Allowance ....................... Leaves of Absence ...................................................... Military LeavelWeekend Military Duty.......................... Job Connected Disability.............................................. Safety and Health ........................................................ Personal Day................................................................ Insurance ..................................................................... Bulletin Boards............................................................ Reduction in Work Force.............................................. Dues Deduction ............ .................. ............................. Grievance Procedure. ........... ......... ........... ...... """""'" Arbitration......... ......... ..... ..... ........... """'" ........ ............ Employee Training ....................................................... Page ( i ) 1 2 2 4 4 5 18 19 20 22 25 27 30 38 42 43 44 45 48 49 50 51 53 54 58 60 . . . Article . . Page No. Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 Article 32 Article 33 Article 34 Article 35 Article 37 Table of Contents Description Physical Examination and Workers' Compensation Benefits General Provisions ............... ....... ...... ......... .................. Severability Clause ...................................................... Locker Room Facilities ......................... ........................ Voting .......................................................................... Wages ........... ..... ....................... .... ............................... Holidays ....................................................................... Pu blication of Ag reement ............................................ Promotions .................................................................. Probationary Period ..................................................... Duration ...................................................................... Appendix A Damage/Loss to Personal Property............................ Appendix B Union Grievance Forms ............................................... Page ( ii ) 63 65 68 69 70 71 72 74 75 77 78 79 81 . . . . . PREAMBLE This Agreement is entered into by and between the City of Clermont, hereafter referred to as the "City" or "employer" and the Florida Police Benevolent Association, Inc., hereafter referred to as the "Union." The general purpose of this Agreement is to establish wages, hours, and terms and conditions of employment for unit members and to provide an orderly procedure for the resolution of grievances. Page ( 1 ) ARTICLE 1 RECOGNITION Recognition of the Florida Police Benevolent Association, Inc.lCommunications Workers of America was established by an order of the Florida Public Employees Relations Commission (Case No. RC-99-056) recognizing the Florida Police Benevolent Association, Inc., as the sole and exclusive bargaining representative agent for a unit composed of all sworn police officers employed by the City of Clermont in the classifications of police officer and police officer/detective. 2.1 . 2.2 . ARTICLE 2 PREVAILING AND MANAGEMENT RIGHTS The City recognizes its obligation to bargain over all wages, hours, or other terms conditions of employment currently enjoyed by all members of the bargaining unit. To the extent 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 negotiate over the matter or negotiating the impact thereof. Except as specifically abridged by any provision of this Agreement, the City, in order to accomplish its objectives, may exercise all previous rights, prominent among which, but by no means wholly inclusive are: retention and reservation of all its normal and inherent rights of its affairs in all respects, in accordance with its responsibilities, whether exercised or not, including, but not limited to it's rights to determine and from time to time to re-determine the number, location and type of work forces, facilities, operations and methods, processes and equipment to be employed; the scope of services to be performed, the method of service and the schedule of work time; to contract and subcontract existing and future work, to discontinue conduct of it's mission or operations in whole or in part, to determine whether and to what extent the work required in it's operations shall be Page ( 2 ) . . . 2.3 . . performed by employees covered by any existing bargaining agreement; to transfer its work or work forces, either in whole or part, from or to any of its facilities or locations; to determine the number, types and grades of positions or employees assigned to an organization or unit, department or project, to establish and change work schedules, assignments and facility locations; to hire transfer, promote or demote employees; to layoff, terminate, or otherwise relieve employees from duty for lack of work or other legitimate reason; to suspend, discharge, or discipline employees for cause; to use supervisors or other City employees to perform work of the kind performed by employees of the unit, to implement technological systems; equipment and techniques and otherwise to take such measures as management may determine to be necessary for the orderly, efficient and economical operation of the Police Department. However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequences of violating the terms and conditions of this Agreement. Page ( 3 ) . . . . . ARTICLE 3 INDEMNIFICATION When the City may legally do so, the City shall furnish to bargaining unit members benefit of legal defense in accordance with Florida State Statute §768.28 (5) and (9). To the extent permitted by law, no employee or agent of the City shall be held personally liable in tort for any injuries or damages suffered as a result of any act, event or omission of action in the scope of his employment or function, unless such employee or agent acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, public safety or property. ARTICLE 4 EMPLOYEE ACTIVITIES Employees shall have the right to join in, or refuse to join in union activity without interference or intimidation or coercion by either the City or the Union. Further, employees shall enjoy all other rights and privileges as outlined in this Agreement. Page ( 4 ) . . . 5.1 5.2 5.3 . . ARTICLE 5 EMPLOYEE DISCIPLINARY PROCEDURES Prior to the commencement of a disciplinary investigative interview against a unit member, the unit member shall be provided with a copy of a written statement of the charge(s) which shall identify the person(s) upon whose statement the charge(s) is/are dependent or as otherwise required by law. No employee shall be disciplined or discharged without cause. However, no probationary employee shall have the right to grieve discipline. Whenever an employee is under an administrative investigation or subject to interrogation by the police department for any reason that could lead to disciplinary action, demotion, or dismissal, such investigation shall be conducted under the following conditions: A. The interrogation of any employee being investigated for disciplinary violations must be undertaken at a reasonable hour, and, if possible, during the officer's tour of duty. If an employee is interrogated or interviewed while not on the employee's regular tour of duty, the employee shall be compensated under the call-out provisions of this agreement. B. The employee under investigation must be informed of the nature of the charges against him at least 24 hours prior to giving a statement to an investigator and/or relief from duty unless, in the departments opinion such information would compromise the investigation, and he shall be informed of the names of all complaining parties. c. Prior to any investigative interview, an employee under investigation will be permitted to read any written statements, listen to any audio tape Page ( 5 ) . . G. . . . recordings and/or view any video tape recordings relating to a complaint of alleged employee misconduct. The employee under investigation must be informed of the person or persons in charge of the investigation and who will be conducting the questioning; however, no more than one person shall ask questions at any time. D. Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest period as are reasonably necessary. All questioning will normally be conducted at the police department. All internal affairs questioning shall be recorded and the employee and/or his representative shall be allowed to record any questioning sessions. E. The employee will not be threatened with transfer, dismissal, or any other disciplinary action as a means of obtaining information. The employee cannot be subjected to abusive language or promise of reward as inducement for answering questions. F. If at any time during the course of an internal investigation or interrogation, the employee under investigation is suspected of committing a criminal offense for which charges may result, he shall be advised of his constitutional rights. The employee shall, at his discretion, have legal counsel and/or a Union representative present during any interrogation and be granted reasonable periods of private consultation with that legal counsel and/or Union representative. An employee will be required to answer truthfully all questions asked of him. Where such counselor representative is not immediately available, the interrogation shall be postponed up to seventy- two (72) hours in order for the employee to secure counselor Union representation. Page ( 6 ) . . . . . H. Should the City have cause to believe that an employee may have an alcohol-abuse problem, it may, as an alternative or supplement to discipline, require the employee to participate in an employee assistance program or otherwise submit to periodic testing for the presence of alcohol in the body. I. During internal investigations, questions must be limited to the circumstances surrounding the employee's alleged violation and information relating to the complaint or charge at hand. J. Neither the City nor its officers nor employees nor the Union nor unit members will, at any time, make public statements regarding disciplinary proceedings in progress against an employee. K. An employee may be relieved of duty for investigation of alleged violation(s) or may be reassigned, including reassignment to the employee's home, during the pendency of the investigation. If so relieved, the employee shall carry a pager supplied by the Department and shall respond to all pages and be able to arrive at the police department building within forty-five (45) minutes, during business hours (8 a.m. to 5 p.m.), Monday through Friday. The employee shall remain on full salary until such time he is recalled and/or disciplinary action is served. The relief from duty for pending criminal charges may be without pay. L. The findings of internal affairs investigations shall be labeled "Sustained" (guilty as charged), "Not Sustained" (not guilty), "Unfounded" (without merit) or "Exonerated" (act was legal). No other terminology may be used. Page ( 7 ) . . o. P. . . . M. An employee may be terminated for refusing to submit to an examination by any device or scientific technique designed to test for being under the influ~nce of an alcoholic beverage or presence of a controlled substance, while in an on-duty status. 1. Such examinations shall only be required based upon documentable evidence and/or sworn statements and/or physical observations establishing cause. 2. Such examinations may only be ordered by a lieutenant or higher. 3. Such tests shall only be performed by GCMS or equivalent qualitative and quantitative method for drug testing. N. The charges "conduct unbecoming an officer", "incompetence" and "carelessness", must contain the specific detail of the charged conduct. When the administrative investigation is complete, and a recommendation is made, copies of any audio/video tape recordings and a copy of the complete investigative report and recommendations shall, upon request, be provided to the employee at no cost. An employee under investigation or having pending criminal charges pending may be relieved of duty with or without payor may be relieved of police powers and reassigned to reasonable alternative departmental duty during the pendency of the disciplinary investigation and grievance process. An employee who is arrested or charged with a felony, or a designated misdemeanor under Section 943.13, Florida Statutes, who is not terminated, may be reassigned to reasonable alternative departmental Page ( 8 ) . . 5.4 . . . duty or may be relieved of duty without pay upon completion of the disciplinary process. The employee may be required to remain in a relieved without pay status until a final court disposition is rendered. Said employee may use any accrued Annual Leave or Compensatory Time during this period. An employee who is convicted of, or pleads nolo contendere to a felony or a designated misdemeanor under Section 943.13, Florida Statutes, shall be terminated and shall not be entitled to any back payor benefits for any period of relief of duty pursuant to this Section. Any employee relieved of duty pursuant to this section who is convicted or pleads guilty or nolo contendere to a lesser offense, or who otherwise plea bargains his case, and is therefore not convicted, nor has pled guilty or nolo contendere to a felony or a designated misdemeanor under Section 943.13, Florida Statutes, may be fully restored to duty, but shall not be entitled to any back payor benefits for any period of relief of duty pursuant to this Section. Any employee relieved of duty pursuant to this section who is completely acquitted of all charges (or has all charges dropped) related to a felony or a designated misdemeanor under Section 943.13, Florida Statutes, may be fully restored to duty with all back pay and benefits for the period of relief from duty, except for such discipline imposed against the employee in accordance with this Article. It shall be the duty of all employees to comply with and to assist in carrying into effect the provisions of the personnel rules and regulations. Employees should be made aware of the seriousness of violating regulations or actions that will necessitate disciplinary action. Disciplinary actions become a permanent written Page ( 9 ) . . . 5.5 . . record and are placed in the employee personnel file and may be considered during times when an increase in payor advancement is to be determined. It is the duty of every employee to attempt to correct any faults in performance when called to the employee's attention and to make every effort to avoid conflict with the rules and regulations. It is the duty of every Supervisor to discuss improper or inadequate performance with the employee in order to correct the deficiencies and to avoid the need to exercise disciplinary action. Discipline shall be, whenever needed, of an increasingly progressive nature, the stem of progression being (1) oral reprimand or written reprimand, (2) suspension, (3) demotion, (4) transfer, and (5) dismissal. Discipline should correspond to the offense. Grounds for action and types of disciplinary action: While it would be impossible to list all employee actions for which disciplinary action is warranted, the following list includes basic infractions and suggested customary disciplinary actions taken. In no way is the list meant to be all- inclusive and appropriate disciplinary action may be taken for other unlisted employee actions. The listed action to be taken is also meant to be a guide and other action may be taken upon approval by the City Manager. Page ( 10 ) . e. . Code: R S D Reprimand - Oral or Written Suspension Discharge Disciplinary Action: 1 st 2nd Offense Offense Verbal mistreatment of the public R, S OR D S or D Physical mistreatment of the public SorD S orD Theft or dishonesty D Fighting on city premises or on City Time R D Insubordination D Falsifying records D . Intoxication or possession of alcoholic R D beverages on city premises or on city time Drug addiction or unauthorized use of drugs R D Absence from work for three (3) D consecutive workdays (Investigators) or for two (2) consecutive work shifts (Patrol Officers) without notice or permission to/from supervisor. Willful destruction of city buildings, D equipment, records, signs or other property. . Page ( 11 ) 3rd Offense S orD S orD . . Failure to report city vehicle accident R D . Indecency or immoral conduct R S D Fraud regarding sickness or Worker's D Compensation benefits Carrying illegal weapons D Trespassing R D Intimidation or coercion of other employees R D Leaving work area without permission R S D Engaging in personal work on city time R S orD D . Improper job performance, lack of R S orD D cooperation or loafing. Productivity not up to required standards Habitual tardiness or absenteeism R S orD D Smoking in prohibited area R S orD D Abuse of city equipment or property R S orD D Intentional waste of material R S orD D Exceeding time for coffee R SorD D . Page ( 12 ) . . Unauthorized Sleeping on duty R S orD D . Making or publishing false, vicious or R SorD D malicious statements concerning the City or any employee Failure to report to work without notice to R S orD D or permission from supervisor Solicitation without authorization R S orD D Violation of fire' and Safety rule R S orD D Unauthorized posting, defacing or removal R S orD D of notices on bulletin boards on city property Failure to report accident (other than R S orD D . vehicular) to supervisor Failure to report for an overtime R S orD D assignment without satisfactory reason Improper Dress/Appearance R S orD D Refusal to take Annual Physical Exam D Failure to Comply with the City's D Substance Abuse Policy . Page ( 13 ) . . . 5.6 5.7 . . It shall be the duty of each employee to maintain high standards of conduct, cooperation, efficiency and economy in their work for the City. Whenever work habits, attitude, production or personal conduct of any employee falls below a desirable standard, Supervisors should point out the deficiencies at the time they are observed. Corrections and suggestions should be presented in a constructive and helpful manner in an effort to elicit the cooperation and goodwill of the employee. Supervisors shall assist employees in gaining capability through on-the-job training as required. INTENT: A. The authority of appointing authorities to take disciplinary action when warranted is inherent in the authority to appoint. It is intended that effective supervision and employee relations will avoid most matters which necessitate disciplinary action. The purpose of these rules and regulations, and disciplinary action for violations of such rules and regulations is not intended to restrict the rights of anyone, but to insure the rights of all and to secure cooperation and order throughout city employment. The severity of disciplinary action should be related to the gravity of the offenses, the employee's record of disciplinary action, and his length of B. service, and city policy in similar cases. Any adverse action taken must be for good cause, be consistent with other such actions taken by the City and be fair and equitable. In deciding whether to take disciplinary action or in determining what action to take, in no event may there be discrimination against an employee because of race, color, sex, national origin, physical handicap or partisan political affiliation. Page ( 14 ) . . . 5.8 5.9 . . The following provisions shall govern disciplinary actions affecting employees in the city service. Chief of Police, subject to the appeal rights of the permanent employee as stated herein, shall have the following alternatives for disciplinary action: Written Reprimand Unless the incident, action or behavior of the employee is such as to initially warrant a more severe type of disciplinary action, a written reprimand shall usually be issued for first offenses. Depending upon the circumstances or seriousness of the offense, one additional written reprimand may be given for repetition of the same type of offense. Written reprimands should state the necessary corrective action and a warning that repeated offenses may lead to sterner measures. A copy should be filed in the employee's personnel records. Suspension Chief of Police may for disciplinary purposes, suspend without pay any employee under Chief of Police's supervision for such length of time as is considered appropriate, but not to exceed thirty (3D) days in any twelve (12) month period. A. When the interests of the City can best be served by immediate removal of an employee from duty pending a decision to terminate, the employee may be suspended. A decision on termination in such cases will usually be made within the 3D-day period described above. B. A written statement specifically setting forth reasons for and the length of time of such suspension shall be furnished to the affected employee. Page ( 15 ) . . . . . Notice of the charge or charges against the employee shall be specific and include the date, time, place, and nature of the violation or misconduct charged in sufficient detail to provide the employee an opportunity to prepare a defense. Such notice shall be signed by the appointing authority, or his authorized representative. C. The written statement shall be submitted to the employee within five (5) days of the time the suspension becomes effective, including Saturdays, Sundays, or holidays. Upon proper hearing, the City Manager may require the appointing authority to pay the employee who has been suspended or dismissed for the number of days in excess of five (5) by which the effective date of the suspension or dismissal preceded the notice. Otherwise, variance from this rule shall not effect the validity of the action. D. Notice of disciplinary action against an employee shall be made by delivering a copy of such notice to the employee in person or by legal service of process, or, if the employee is absent without leave from his employment, by mailing a copy of such notice by certified mail to the last know address of the employee as reflected on the records of the Personnel Department. E. When court action, an investigation, or a trial of any charges is pending against an employee and he/she is suspended, such suspension without pay may be extended by Chief of Police until final court action is taken or disposition of the charges has been made. Such employee determined to be innocent of the charges against him may be returned to duty and the matter of retroactive pay will be decided by the City Manager on the basis of the individual merits of each case. Page ( 16 ) . . . 5.10 5.11 . . All employees have the right to inspect and make notes of their individual records and none of the individual personnel records will be hidden from the employee's inspection. Discipline and discharge shall only be grieved through the Grievance Procedure as outlined in Article 23. In no instance will discipline and discharge grievances be addressed outside Article 23. Page ( 17 ) . . . 6.1 6.2 . 0 ARTICLE 6 NON-DISCRIMINATION Neither the Union nor the City shall discriminate against any employee on the basis of race, color, religion, age, gender, disability, political affiliation, national origin, or Union membership or non-membership. The use in this Agreement of the designation "he" in referring to any employee shall mean "he" or "she" wherever used. No employee shall be subjected to retaliation for invoking any right or privilege granted to employees by a law, Federal or state, or local ordinance, or through the terms of this Agreement. . Page ( 18 ) . . . 7.1 7.2 . . ARTICLE 7 WORKING OUT OF CLASSIFICATION Bargaining unit employees who are required to work in a higher classification for more than seven (7) working days in a thirty (30) day period, due to a supervisor's absence shall be placed in the minimum of the new salary range or a 5% percent (5%) increase beyond the employees current salary range, whichever is greater, for each day worked, including the qualifying work days. An employee's assignment to a higher classification shall not be changed to preclude payment provided by this provision. Page ( 19 ) . . . 8.1 8.2 8.3 8.4 . . ARTICLE 8 WORK WEEK AND WORK SHIFT Each employee shall be entitled to a paid meal period of thirty (30) minutes during his regular work shift. Employees shall be allowed a fifteen (15) minute rest period during the first half of the work period and a fifteen (15) minute rest period during the second half of the work period. For the purposes of this Agreement, a shift means the time during which an employee is on scheduled duty. A regular shift for patrol officers shall be twelve (12) hours. Patrol officers work period shall be fourteen (14) days, consisting of 2 days on, 2 days off, 3 days on and 2 days off, 2 days on 3 days off, with rotating days off. Shift hours shall be 6:00 a.m. to 6 p.m. and 6:00p.m. to 6:00a.m. Patrol officers shall be scheduled for a weekend off every two weeks, a weekend being defined as Friday, Saturday and Sunday unless there is a declared emergency. A regular shift for investigators shall be eight (8) hours. Investigators work period shall be seven (7) days, consisting of 5 days on and 2 days off. Shift work hours shall be 8:00 a.m. to 4:00 p.m. No employee shall be required to work a split shift. Whenever a shift rotation occurs, or an employee rotates to a new shift, the employee(s) will be entitled to at least the number of hours equal to one scheduled shift of off-duty time prior to returning to work. When squad re-assignments are necessary due to exigent circumstances, as described in Article 27.10, the employee will be given as much notice as possible. Page ( 20 ) . . . 8.5 . . Employees covered by this Agreement shall be considered on-duty for those hours actually worked under the supervision of the department and while performing police functions during off-duty time by approval of the Chief of Police. Page (21 ) . 9.1 9.2 . 9.3 9.4 . . . ARTICLE 9 OVERTIME Employees shall be required to work overtime when ordered unless excused by management. Overtime shall be scheduled in accordance with departmental rules, regulations and directives and City ordinances, policies and resolutions and administered in accordance with the provisions of this Agreement. When necessary to have bargaining unit members work voluntary scheduled overtime, the opportunity to work those hours will be given to those members working in the same job classification who have completed field training and are ready for solo road patrol beginning with the member with the greatest seniority. Should a member be offered voluntary overtime and choose to not work, the overtime roster shall be charged to indicate a refusal. A refusal shall be treated on the roster as if the member worked the offered overtime. The provisions of this article are not intended to conflict with the FLSA. For the purposes of overtime computation, line-up time, voting time, blood donor time, jury duty, sick leave, therapy or treatment for job injury, on-call status, court stand-by time, stand-by time, compensatory leave, and annual military leave from duty on active pay status shall not be construed as time worked. All authorized time worked in excess of eighty-four (84) hours in a work period for patrol officers will be considered overtime to be paid at the rate of one and one- half (1-1/2) times the employee's base rate of pay. All authorized time worked in excess of forty (40) hours in a work period for investigators will be considered to be paid at the rate of one and one half (1 %) times the employee's rate of pay. Authorized overtime worked on any Sunday shall be paid at the rate of two (2) times the employee's base rate of pay. Authorized overtime worked on a holiday (in accordance with Article 32.1) shall be paid at the rate of two and one-half (2 %) times the employee's base rate of pay. The holiday overtime premium of two Page ( 22 ) . . . 9.5 9.6 9.7 9.8 9.9 . . and one-half (2.50) times the employee's base rate of pay shall include the holiday pay noted in Article 32.4A. The employee will have the choice of having overtime paid or compensatory time during the calendar year. Compensatory Leave Compensatory leave is authorized overtime accredited to a FLSA non-exempt employee for which reimbursement is made by allowing the equivalent of time off with pay at the rate of time and one-half (1 %). Employees may receive compensatory leave for any work performed in excess of the employees standard work period, in accordance with the overtime pay schedule included in this agreement. Compensatory leave shall be credited the employee as quickly as is expedient and should not be permitted to accumulate in excess of 40 hours for an investigator and 42 hours for a patrol officer. Compensatory leave shall be allowed to be used in hourly amounts as long as it does not disrupt the operations of the employees department. Compensatory leave records will be the responsibility of Chief of Police and will be kept within the department. Compensatory leave may be taken in conjunction with vacation leave, with the approval of Chief of Police, but should not be allowed to accumulate for this purpose. When so taken, it is preferred that the aggregate not exceed the period of normal vacation. 9.10 Upon termination of employment for any reason, the employee shall be paid the remaining balance of compensatory leave available to the employee. Page ( 23 ) . . . . . 9.11 Should an employee die while employed by the City, the employee's beneficiary, shall receive payment for all accrued compensatory time due to the deceased employee, less appropriate taxes and any outstanding indebtedness owed the City. 9.12 The reference to an employee's beneficiary in this or any other Article in this Agreement shall mean the beneficiary designated by such employee in writing, signed by him and delivered to the City during his lifetime. If no such designation is made, then it shall be paid to his surviving child or children and spouse in equal portions, and if there is no surviving child or spouse, then to his estate. Page ( 24 ) . . . 10.1 10.2 10.3 10.4 10.5 . . ARTICLE 10 EXTRA-TIME PROVISIONS Call-out pay applies to a situation where an employee is called to work on off- duty hours (excluding lunch periods) due to an emergency or an urgent situation. Call-out work performed during lunch periods shall be compensated based on actual time worked. Call-out hours to be paid shall be actual time 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. Call-out hours shall be compensated in accordance with the overtime pay rate included in this agreement. On-call duty is that off-duty time when an employee is ordered by Chief of Police, or his designee, to be readily available and prepared to perform actual work when the need arises during off-duty hours. Employees in an on-call status, shall receive a weekly supplement of $50.00, which shall be added to his/her base annual salary during the week he/she is on-call. Employees will receive compensation for training or re-training at their regular rate or overtime if overtime is worked when required by the department to attend during off-duty hours. This provision shall not apply to training or attendance at any police training programs that may be required to obtain certification or qualify for an additional compensation available by law, where such attendance is not ordered by the Chief of Police or his designee. Page ( 25 ) . . . 10.6 . . Employees designated as a Field Training Officer, shall receive a bonus of one dollar ($1.00) for each hour the employee actually performs field training duties. This bonus does not count as time worked. Page ( 26 ) . . . 11.1 11.2 11.3 11.4 . . ARTICLE 11 ANNUAL LEAVE Annual leave may be used as credited after the employee has completed twelve(12) consecutive months of full-time employment. Previous employment with the City will not count towards years of full-time service. Annual leave shall be credited to each member on a bi-weekly basis in accordance with the following schedule: Service Investigators Patrol Officers 0-4 Years 3.08 hours (80 hours/year) 3.23 hours (84 hours/year) 5-9 Years 3.69 hours (96 hours/year) 3.85 hours (100 hours/year) 10-14 Years 4.61 hours (120 hours/year) 4.85 hours (126 hours/year) 15-19 Years 5.53 hours (144 hours/year) 5.81 hours (151 hours/year) 20 Years + 6.15 hours (160 hours/year) 6.46 hours (168 hours/year) Unused annual leave may be accrued and carried forward into the next year with City Manager approval, but should be taken within three (3) months of the anniversary date. No employee shall be permitted to forego his vacation and receive pay in lieu thereof, except that an employee who is separated from the City payroll, for any reason, before receiving all of the vacation for which he/she has become eligible prior to the time of his/her termination, shall receive pay for that portion of his/her vacation due but not received. 11.5 Absence on account of sickness, injury or disability in excess of that hereinafter authorized for such purposes shall, at the request of the employee and within the discretion of Chief of Police, be charged against annual leave allowance. Page ( 27 ) . . . 11.6 11.7 11.8 11.9 11.10 11.11 . . The Chief of Police shall keep record of annual leave allowance and use and shall schedule annual leaves with particular regard to the seniority of employees, to accord with operating requirements and, insofar as possible, with the requests of the employees. Employees are to outline the desired dates of annual leave for the period of October 1 through March 31 on October 1 of each year and for the period of April through September 30 on April 1 of each year and submit the schedule to the Chief of Police. When a regularly scheduled holiday occurs during the period of an employee's leave, an additional day of vacation shall be granted. When an investigator is on any authorized absence, exclusive of vacation leave for more than fifteen (15) consecutive working days, the employee shall be placed in a non-leave earning classification until such time that the employee returns to work. When a patrol officer is on any authorized absence, exclusive of vacation leave for more than twelve (12) consecutive working days, the employee shall be placed in a non-leave earning classification until such time that the employee returns. An employee who is eligible for vacation may take it at any time agreeable to the employee and Chief of Police. The employee must complete the application for leave of absence (Leave Request Form). Vacation pay is distributed on the last work day preceding the employee's approved vacation period. The Chief of Police may use whatever methods of compiling and scheduling leave requests he/she wants to, as long as the methods are reasonable, fair, consistent, and not discriminatory against any group. The Chief of Police shall not schedule annual leave in such a way that departmental operations break down or are seriously undermined. Page ( 28 ) . . . 11.12 11.13 11.14 . . The Chief of Police or his designee shall respond to an employee's request for vacation (annual leave) as quickly as possible. Vacation leave may not be taken in periods of less than four (4) hours per shift. Upon termination of employment for any reason, employees who have been employed with the City for at least twelve (12) consecutive months, shall be paid for all unused annual leave time at the employee's hourly rate of pay in effect at the time of the termination. Page ( 29 ) . . . 12.1 12.2 12.3 12.4 . . ARTICLE 12 SICK LEAVE It is the policy of the City to provide reasonable time off with pay, up to the amount of unused sick leave earnings, to employees who are unable to work due to illness or injury. Sick leave with pay is not a right which an employee may demand, but a privilege granted by the City. Sick Leave shall be credited to each member on a bi-weekly basis in accordance with the following schedule: Service Investigators Patrol Officers 1.94 hours (50 hours/year) 3.88 hours (100 hours/year) 0-1 Year 1.84 hours (48 hours/year) Over 1 Year 3.69 hours (96 hours/year) Maximum Accumulation: Employees may accrue sick leave and carry it over from one year to the next. The maximum accumulation for Investigators shall be 960 hours. The maximum accumulation for Patrol Officers shall be 1008 hours. Use of Sick Leave: Sick leave may be used as follows: A. The Chief of Police or City Manager can officially approve employee sick leave. B. Sick leave may be paid when an employee is unable to work due to a personal/family illness or injury, or when the employee's presence may endanger the health of fellow workers. .A family member for this Page ( 30 ) . . . 12.5 A. B. C. . . purpose is defined as spouse, children, step children, parents, siblings or grandparents of the employee. C. Only an employee who has completed six months of full-time employment may be paid for sick leave. D. Sick leave may be taken for medical, optical, and dental appointments. E. Sick leave will be charged in units of whole hours. F. The Chief of Police shall have the right to require a doctor's certificate to verify an illness that exceeds three (3) consecutive work days. Payment of Sick Leave: In order to be eligible for sick leave with pay, an employee must: Report to the Supervisor at least 2 hours prior to the scheduled starting time on the day of the absence the reason for the absence. An employee who fails to so notify the Supervisor shall not be paid for the day(s) taken prior to notification. If the absence extends beyond three days, keep Chief of Police advised as to the employee's condition and anticipated date of return. Submit a statement from the attending physician(s) as to the nature and duration of the illness, if requested. Page (31 ) . . . 12.6 12.7 . . When a paid holiday occurs during the period an employee is on sick leave with pay, the employee shall receive only his/her regular holiday and that day shall not be charged against his/her sick leave earnings. Procedures: A. A. Each employee shall notify (call) his immediate Supervisor in accordance with the city attendance policy to report his/her sickness. B. When an employee returns to work he/she shall complete the sick leave form. Before sick leave with pay is officially granted, this form must be signed (approved) by Chief of Police. C. If an employee wishes to use sick leave for a doctor, dentist or optical appointment, then the leave form must be submitted and approved before the sick leave is taken. D. If Chief of Police feels that an employee has abused this policy concerning minor illness, he/she may with permission of the City Manager, refuse to pay benefits. EmerQency or Illness: Employees who are absent due to an emergency or illness should call or have someone call his/her Supervisor to report such an absence. B. An employee who has been absent under any of the following conditions must, upon returning to work, have a doctor's statement that indicates no work restrictions: Page ( 32 ) . . . 12.8 12.9 . . 1. Employee has been hospitalized. 2. Employee has been granted personal leave which is in reality for medical reasons, i.e., employee is hospitalized or undergoing a surgical procedure which could be disabling, even though the employee, for personal reasons, does not file a claim for group insurance benefits. 3. Employee has a non-work related accident, even if no time is lost from his/her regularly scheduled work shift, i.e., weekend or after-hours accident. 4. Employee is absent five (5) or more consecutive work days. Procedures: A. It is the employee's responsibility to ensure that proper notification is made when absent due to an emergency or illness. This must be done by phone or personal note and, if possible, by the employee. B. If the Supervisor or Dispatcher records the employee's report of absence, he/she submits a copy of the record to Chief of Police. Periods when Sick Leave shall not be earned: A. When an Investigator is on any authorized absence, exclusive of vacation leave for more than fifteen (15) consecutive working days, the employee shall be placed in a non-leave earning classification until such time that the employee returns to work. Page ( 33 ) . . . 12.10 12.11 12.12 12.13 . . B. When a Patrol Officer is on any authorized absence, exclusive of vacation leave for more than twelve (12) cumulative shifts, the employee shall be placed in a non-leave earning classification until such time that the employee returns to work. Physical Examination An employee shall submit to an examination by a physician of the City's choosing if requested by his/her Supervisor upon returning to active duty after an extended chronic illness. Employee under suspension not eliQible for Sick Leave: An employee under suspension forfeits all claim to sick leave for the duration of such suspension and must be returned to active duty before sick leave credit is restored. Break in service cancels all sick leave: A break in service permanently cancels all sick leave accrued to an employee's record and in the event of subsequent reappointment such employee begins a new sick leave accumulation. Illness durinQ Vacation Leave: When sickness occurs within a period of vacation leave, the period of illness may be charged as sick leave and the charge against vacation leave reduced accordingly. Application for such substitution should be made within two days after return to active duty and shall be supported by a medical certificate. Page ( 34 ) . . . 12.14 12.15 12.16 . . Military Duty effect on Sick Leave: When an employee enters active military duty, either by induction or for training purposes or for national or state emergencies, sick leave accumulated shall remain to that employee's account pending return from military leave. However, no further sick leave credits will be accumulated for the period of absence on military leave. Sick Leave to employee who becomes totally or permanently disabled: A. Investigators who are totally or permanently disabled at the time of termination shall be entitled to be paid 100% of the accumulated sick leave balance, up to a maximum of 960 hours. B. Patrol Officers who are totally or permanently disabled at the time of termination shall be entitled to be paid 100% of the accumulated sick leave balance, up to a maximum of 1008 hours. ResiQnation/Retirement: . Employees who resign without prejudice or retire shall receive payment of their sick leave balance at the employee's current rate of pay, in accordance with the following schedule: Years of Service 10 years 20 years 30 years PercentaQe 25% 50% 75% Page ( 35 ) 12.17 Employees who are employed with the City as of November 24, 1998 and who are eligible to retire from the City in the future with less than twenty (20) years of service, shall be paid 50% of their sick leave balance at retirement. This exception shall only apply to individuals who retire. 12.18 Payment for accrued Sick Leave: A. Investigators who were not credited with sick leave during the fiscal year due to having reached the maximum accrual (960 hours) shall be paid the value of 50% of the uncredited sick leave up to a maximum of forty-eight (48) hours. B. Patrol Officers who were not credited with sick leave during the fiscal year due to having reached the maximum accrual (1008 hours) shall be paid the value of 50% of the uncredited sick leave up to a maximum of fifty (50) • hours. 12.19 Fitness for duty medical evaluation: Any fitness for duty medical evaluation ordered by the Chief of any reason, shall be paid for by the City. A fitness for duty evaluation scheduled to be performed on an employee' off-duty time, and beyond the employee's control shall be considered time worked for overtime purposes 12.20 Funeral Leave A. Funeral Leave shall be paid when an employee is unable to work due to a death of an employee family member. B. Funeral Leave shall be charged against the employee's unused sick leave balance. • Page (36 ) . . . C. Employee must have completed six (6) months of full-time employment to be eligible for Funeral Leave D. A family member for this purpose is defined a spouse, children, stepchildren, parents, parents-in-law, siblings or grandparents of the employee. E. Appropriate proof of death should be submitted before payment is authorized. F. The supervisor must obtain the full name of the deceased, the funeral home in charge of arrangements and the time of the funeral. . . Page ( 37 ) . 13.1 . . . . ARTICLE 13 EQUIPMENT ISSUE AND CLOTHING ALLOWANCE The following articles will be issued by the City to each employee represented by the bargaining unit: 1 Duty belt 4 Belt keepers 3 magazines with appropriate caliber magazine and holders 1 Pair handcuffs and cases 1 SSIII Holster 1 Police radio, battery charger, shoulder microphone as available and radio holder 1 1 1 5 5 1 1 1 2 1 1 1 1 1 Winter jacket (rated to 20° Fahrenheit Wind breaker jacket (nylon) with police insignia Full length raincoat with police insignia Shirts, 3 short sleeve and 2 long sleeve Trousers Name tag Traffic Citation book holder Aluminum clipboard with storage area Badges ASP expandable baton and holder Pair cut resistant gloves Semi-automatic side arm with appropriate rounds of ammunition Fluorescent vest Ballistic vest (with current valid safety inspection which shall be fitted for and worn by the officer) Liner (inner panels to be replaced as appropriate.) OIC spray with holder Collar brass set 1 1 1 Page ( 38 ) . . . 13.2 13.3 13.4 13.5 13.6 . . Bargaining unit members may participate in the City's contract shoe provider program and shall wear the shoes issued. In the event the City does not have a shoe contract, bargaining unit members shall be given an annual shoe allowance which shall be not less than seventy-five dollars ($75.00) net of Social Security taxes, and shall be payable by separate pay check in the first pay period in October of each year. In the event the City's contracted shoe provider does not have footwear acceptable to the bargaining unit members, the City will contract with another shoe provider who has footwear acceptable to the bargaining unit members and the Chief of Police. The cost of maintenance of these articles shall be paid by the employee. The City will replace without undue delay, at its cost, such items when such replacement is necessary, as determined by the City. Should the City provide a uniform cleaning service for other city employees, the City shall offer that same service to police officers. Upon termination of employment, the articles will be surrendered by the employee in like condition as when issued, reasonable wear and tear accepted. I n the event an employee is transferred from the department, or leaves the employment of the department, he shall return all uniforms and safety equipment to the department before the final paycheck, as an employee of the City, is issued or the next check after transfer to another department within the City. Bargaining unit detectives required to work in plain clothes, shall receive a $400.00 annual clothing allowance payable in the first pay period of October of each year. Temporary reassignment to a position not requiring plain clothes will not preclude the clothing allowance. Page ( 39 ) . . . 13.7 13.8 13.9 . . Employees in the bargaining unit permanently transferred from a uniform division or unit to a unit where plain clothing is required dress, shall receive the allowance effective with the quarter in which the transfer is made. Uniforms, equipment and non-clothing personal items damaged in the performance of duty, including glasses, contacts, and watches, but not jewelry or watches valued in excess of $100.00 shall be repaired or replaced by the City. Claims will be presented in accordance with procedures set forth in Appendix A and current Police Department Rules and Regulations. Loss or Damaç¡e to City Property When it is determined that an employee is at fault for loss or damage to issued equipment or other City property, 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). 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). B. 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). 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). Page ( 40 ) . . . . . E. A finding of fault for losing or damaging City property does not require an assessment. A supervisor may recommend an assessment be waived by outlining any extenuating circumstances existing at the time of loss/damage. Page (41 ) 8 . . 14.1 14.2 14.3 . . ARTICLE 14 LEAVES OF ABSENCE Upon recommendation of Chief of Police, leaves of absence without pay for the purpose of entering upon a course of training or study calculated to improve the quality of service shall be granted. No benefits, except seniority if such leave is less than 3 consecutive months, shall accrue during the period of the leave. All applications for leaves of absence without pay must be approved by the Chief of Police and City Manager, whose decision is not subject to the grievance or arbitration procedures. An employee granted a leave of absence, upon the termination and/or expiration of the leave, will normally return to the same job classification and rate of pay currently in effect for that classification. Page ( 42 ) 8 . .' 15.1 15.2 . . ARTICLE 15 MILITARY LEAVE AND WEEKEND MILITARY DUTY Military leave shall be granted in accordance with Florida and Federal law. Except in an actual or declared emergency recall to duty, the employee shall give thirty (30) days notice, or as much notice as possible, to his supervisor that his Reserve Training duty will occur on the specific dates. Page ( 43 ) . . .. 16.1 16.2 16.3 . . ARTICLE 16 JOB CONNECTED DISABILITY Whenever an employee sustains an injury compensable under Florida Statute §440, as the same may be amended from time to time, the City will pay the employee in accordance with Florida law and adopted City policy. While on a job connected disability leave, employees shall be entitled to all benefits as provided by this Agreement. Any bargaining unit member injured on the job shall be paid his full day's wages for the day of the accident if his treating physician directs that he should not return to work that day. Paqe ( 44 ) . . . 17.1 17.2 . .. ARTICLE 17 SAFETY AND HEALTH The City and the Union will cooperate in the continuing objective of eliminating accidents and health hazards. All patrol vehicles, with the exception of spare vehicles shall be equipped with the following: Wig-Wags for headlights Shot gun racks located in the front passenger compartment Overhead Strobe Lights Video cameras with Officer microphones Disposable or 35mm camera and film Radar Unit Computer stand with light Computer with air card and antenna Fingerprint kit, adequately equipped Thumbprint kit Fire extinguisher Safety Flares Mag Lite Flashlight, with charger and orange traffic cone Gas Mask First aid kit, properly equipped Disposable Latex gloves Surgical Masks Leg Restraints Restraint Belt Fire Blanket Cloth Towels Page ( 45 ) 17.3 . 17.4 . 17.5 17.6 . . . Whenever an employee covered by this Agreement feels that a vehicle or other equipment is unsafe and, therefore, unfit for service because it is a hazard to himself or to 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 employee shall document such unsafe condition and the supervisors' comments in writing, and forward it to the chief of police via the Chain of Command. Officers coming on or going off-duty shall report any defects with respect to the vehicle operated or to be operated during a shift to their immediate supervisor. With respect to vehicles, the term "unsafe" shall relate to brakes, tires, lights, police emergency flashers, horns sirens and/or steering, or an inoperative radio. If the unsafe equipment is a vehicle and the nature of the unsafe conditions is such that it should not be driven, the vehicle shall be deadlined at the location where it is deemed unsafe. An employee shall not be required to deliver such an unsafe vehicle to a place of repair. However, if the nature of the unsafe condition is such that the employee can drive the vehicle to a place of repair without hazard to himself or to the public, he shall do so. The employee's supervisor will make a final determination as to what action will be taken. No vehicle or piece of equipment deadlined shall be released from deadline until inspected and/or repaired by competent mechanical personnel. Officers will not be required to perform repairs on City vehicles. Officers unassisted will not be required to transport persons detained in a vehicle not equipped with a cage, except in an emergency, and then the transporting officer will be assisted by another officer. Page ( 46 ) . . . 17.7 17.8 17.9 . . Bargaining unit members shall not be required to transport animals in police vehicles, whether or not caged. Each bargaining unit member, prior to commencing his tour of duty, shall be issued an operable portable radio. No employee shall be forced to work his tour of duty without having in his possession an operable portable radio. At least semi-annual firearms training will be provided by the City. Page ( 47 ) . . . . . ARTICLE 18 PERSONAL DAY 18.1 The Personal Day may be scheduled by an employee, but is subject to Chief of Police approval and the following restrictions: A. The employee must have completed twelve months of full-time employment with the city. The Personal Day cannot be carried forward to the next calendar year The Personal Day must be taken in one day (no hourly increments). B. C. Page ( 48 ) . . . 19.1 19.2 . . ARTICLE 19 INSURANCE The City agrees to provide the same health insurance benefits and applicable costs to bargaining unit members as adopted for all City employees. The City shall provide life insurance, or death benefits, for each member of the bargaining unit in accordance with Chapter 112.19, Florida Statutes. Page ( 49 ) . . . 20.1 20.2 20.3 . . ARTICLE 20 BULLETIN BOARDS The Union will be allocated a reasonable portion (approximately 1/3) of the Line-up/Shift Briefing Room bulletin board for posting of Union material. Such bulletin board space is exclusively for the Union for the purpose of posting Union business and information such as: recreational and social activities and material related to employee relations matters. The Union shall not post any materials which are obscene, defamatory or impair the operations of the department or critical of the City or its officers, agents or employees. Page ( 50 ) . . . 21.1 21.2 21.3 21.4 . . ARTICLE 21 REDUCTION IN WORK FORCE When it becomes necessary to reduce the working force because of lack of funds or other causes, employees shall be laid off on the basis of (1) length of service with the City and (2) the average performance rating for the last three (3) years of service or for the entire period, if less than (3) years. When Chief of Police believes that a certain individual is essential to the efficient operation of the department of the organizational unit because of special skills or abilities, and wishes to retain this individual in preference to a person with a higher rating as provided above, the Chief of Police must submit a written request to the City Manager for permission to do so. This request must set forth in detail the specific skills and abilities possessed by the individual and the reasons why such individual is essential to the effective operation of the department. If the City Manager approves the request, the individual may be retained. If a permanent employee is scheduled to be laid off, the employee shall be offered a demotion to a lower class if qualified and provided a suitable vacancy exists. Prior to a reduction in force, the names of any and all permanent employees scheduled for layoff shall be submitted to the City Manager for approval, and not until the City Manager has approved and confirmed the names submitted for layoff shall any layoff be consummated. Permanent employees shall be notified in writing by the Chief of Police of their layoff at least fourteen (14) calendar days prior to the effective date of the layoff. Page ( 51 ) . . . . . 21.5 Employees who are laid off will have recall rights for a specified period of time based on the length of their continuous service to the City according to the following schedule: A. B. C. Emergency, temporary, or provisional employees will be released first. Probationary employees will be released second. Permanent employees as a group will be released last. No permanent employee shall be laid off while another person is retained on a provisional or temporary basis in the same class by the City. Separation of permanent employees will be by inverse order of score as determined by the following weights: 1. Length of continuous service in the last classification held. 2. Length of continuous service with the City. 3. Average performance evaluation (service rating) for the past three (3) years of service or for the entire period if less than three (3) years. D. Page ( 52 ) . . . 22.1 22.2 22.3 . . ARTICLE 22 DUES DEDUCTION The City agrees that upon receipt of a voluntary written individual notice for any bargaining unit employee, the City shall deduct from their pay. dues commencing with the second pay period after receipt of notice. Revocation shall be in writing and shall be effective as to the employer commencing with the second pay period after receipt of notice. Dues shall be deducted each designated pay period and those monies shall be remitted to the Union reasonably thereafter. No deduction shall be made from the pay of an employee for any payroll period in which the employee's net earnings for the payroll period, after tax deductions, are less than the amount of dues to be checked off. The Union will initially notify the City as to the amount of dues. Such notification will be to the City in writing over the signature of a representative of the Union. Changes in the Union membership dues will be similarly certified to the City and shall be done thirty (30) days in advance of the effective date of such change. Page ( 53 ) . . . 23.1 23.2 23.3 23.4 23.5 . . ARTICLE 23 GRIEVANCE PROCEDURE The purpose of this Article is to establish machinery for the fair, expeditious, and orderly adjustment of grievances regarding contract and disciplinary disputes or disagreements between the employer and employee, or group of employees, or Union involving the interpretation or application of this Collective Bargaining Agreement. Any formal grievance filed shall be in writing and shall set forth the provision or provisions of the Agreement alleged to have been violated and the facts pertaining to the alleged violation{s) and the date of the violation. The grievance shall be signed by the grievant, or Union representative. Grievances submitted which do not contain the above information and 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. Grievance discussions at Step One (Chief of Police) will be conducted during the aggrieved's normal duty hours. The aggrieved employee shall suffer no loss of payor benefits for time required for such meetings. Nothing in this section shall be construed to prevent an employee from presenting, at any time, his own grievance without representation. An employee who wishes to submit a grievance must submit a grievance in writing within seven (7) working 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. Page ( 54 ) . . . 23.6 23.7 . . A grievance not answered within the time limits prescribed for the appropriate management representative at each step shall automatically be advanced to the next step except those grievances reaching or originating at Step Two. This provision shall not preclude a timely request for arbitration. The time limits herein may be extended by written mutual agreement of the parties. In advancing grievances, the grievant employee(s), or Union, 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 other wise conflict with department needs. The formal grievance steps are as follows: Step One A. The employee and/or the Union shall file the grievance, in writing, with the Chief of Police within seven (7) working days of the occurrence of the event giving rise to the grievance. B. The Chief of Police will conduct a meeting within ten (10) working days with the grievant unless the 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 a person affiliated with a Union other than the certified bargaining agent. The Chief of Police shall notify the employee and the Union of his decision, in writing, within ten (10) working days after the meeting date. Page ( 55 ) . . . 23.8 23.9 23.10 23.11 . . Step Two A. If the grievance is not resolved to the grievant's satisfaction as rendered by Step One, the employee and/or the Union may forward the grievance, in writing, to the City Manager within ten (10) working days of receiving notification from the Chief of Police. B. The City Manager will conduct a meeting within ten (10) working days with the grievant 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 employee and the Union of his decision, in writing, within ten (10) working days after the meeting date. All disciplinary grievances will initially be filed the step above the level at which the discipline was initiated. All class action grievances will be filed at Step Two. The aggrieved employee and the Union shall be given at least two (2) work days notice of the grievance meetings provided herein. If any grievance is not satisfactorily resolved by the foregoing procedure, the Union may proceed to arbitration according to Article 24. Probationary employees shall not have the right to grieve discipline or discharge. P;:¡OP ( ~R ) . . . 23.12 . . It is agreed by the parties that bargaining unit members 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 member from filing any grievance under the provisions of this Agreement. P;:¡OP. ( f\7 ) . . . 24.1 24.2 24.3 . . ARTICLE 24 ARBITRATION If any grievance is not satisfactorily disposed of by the Grievance Procedure, Article 23, the Union may give notice of intent to arbitrate by written notice, hand delivered or certified mail, return receipt requested, postmarked within fifteen (15) working days after receipt of Step Two decision. Said written notice will 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. Within ten (10) business days from receipt of such notice, a letter shall be directed by the Union or the City to either the American Arbitration Association or Federal Mediation and Conciliation Service requesting a list of arbitrators. In any other case, and the parties shall meet to strike names. The Union and the City will alternately eliminate one name at a time from the list until only one name remains and this person shall be the arbitrator. The City and the Union will alternate in the rights to first strike names in successive arbitrations. A. 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 employee or employees aggrieved, the City, and the Union, in writing. The Arbitrator will endeavor to render a decision within twenty-one (21) calendar days after the hearing. B. Any party may be represented at the hearings by counselor other representative. C. The hearing shall be conducted by the arbitrator in a manner that will most expeditiously permit full representation of the evidence and arguments of the parties. The parties shall endeavor to conclude the hearing within one day. P~oP. ( ~R ) . . . 24.4 24.5 24.6 24.7 24.8 . . D. Each party shall bear all cost of preparing and presenting its own case. Either party desiring a record of the proceedings shall pay for the record and stenographic services. In the event that both parties agree to have stenographic services at the hearing, said parties shall share equally the cost of said service and if a transcript is mutually desired, the cost of the transcript shall be equally shared. 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 of said terms or to limit or impair any right that is reserved to the City, to the Union, or the employee, or establish or change any wage or rate of pay that has been agreed to in this Agreement. No decision of any arbitrator or the of the City in one case shall create a basis for retroactive adjustment in any other case. The arbitrator may, under the powers granted by the terms of this Agreement, direct any remedy permitted by the Florida Arbitration Code. 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. The expense of the arbitrator shall be split equally by the parties. Each party shall make arrangements for and pay the witnesses which are called by it. P~oP ( !1q ) . . . 25.1 25.2 . . ARTICLE 25 EMPLOYEE TRAINING The City encourages employees to attend educational conferences and to take self-improvement and job improvement courses which are related to their work. Additional educational training will be one measure used in making recommendations for advancement and promotion. Educational Assistance: A. Educational assistance is defined to be authorized leave with or without pay, to attend a college, university of other institution of higher education which offer academic curricula leading to a degree or degrees. The decision to grant educational assistance shall be based on the City's need for an employee to have additional skills and knowledge in order to improve the employee's job performance. There shall be two types of educational assistance, leave with pay and leave without pay. Educational leave with pay is available to employees enrolled part-time in an institution of higher education and pursuing courses which directly relate to an employee's job. Educational leave without pay is available to employees enrolled full-time in an institution of higher education and pursuing courses which directly relate to an employee's job. B. All full-time, permanent employees may be entitled to educational assistance. Educational leave may be granted to equip the employee for the improved performance of his/her duties and responsibilities as a city employee. P;:¡oP. ( nO ) . . . 25.3 . . c. Educational leave without pay shall be limited to a period of twelve months, except that with the approval of the City Manager such leave may be extended six months. Educational leave with pay shall normally be limited to three hours per week. D. Employees requesting leave without pay are obligated to return to work within or at the end of the time granted. An employee who chooses not to return to work shall notify Chief of Police immediately. Failure to report back to work at the expiration of the educational leave shall constitute the employee's resignation except in the case of an extension of such leave. E. Employees on educational leave without pay shall retain all accumulated leave and time earned toward the next salary increase. Employees cease to earn leave and time towards the next salary from the date of educational leave. F. Employees on educational leave with pay shall retain and earn all accumulated leave and time earned toward next salary increase. G. Employees in good standing and indicating an extremely high degree of potential for advancement may be considered for educational leave with one-half of the cost to be borne by the City upon successful completion of the courses with the approval of the City Manager. H. Employees attending educational courses required by Chief of Police shall be granted leave with pay. Should a required course be scheduled at some time other than the employees normal working hours, the employee shall be given time off to compensate for the hours required to complete the course or paid for the hours in accord with the FLSA. Educational Conferences: P;:¡!JP (R1 ) . . . 25.4 . . A. An employee may be granted leave with pay to attend an educational conference up to ten (10) working days upon approval by Chief of Police. B. Educational conferences to qualify may be conducted by colleges, universities, technical schools, manufacturers as an operation or service clinic or state and national associations specifically related to the Police department and its operations. C. Leave of absence for educational conferences of more than five (5) working days must be recommended in writing by the Chief of Police to the City Manager for approval. Tuition Assistance: A. Tuition assistance is available for courses directly related to the job being performed by the employee and approved by the City Manager. Fees or tuition for required courses shall be paid by the City. No tuition assistance will be paid prior to the successful completion of an approved course, and reimbursement is for tuition only. No blanket approval of courses or programs will be granted. Only specific courses for a specific semester will be approved. The assistance amount of fifty (50%) percent of the tuition fee is based on the employee attaining a final grade of 8 or higher. 8. Employees must agree in writing to stay in the employ of the City for a period of one (1) year after the completion of a course that has been funded through tuition assistance. If an employee resigns or is terminated for any reason before the expiration of one year, any money paid under tuition assistance must be reimbursed to the City as noted in the signed agreement. P;:¡oP. ( fì? ) . . . 26.1 26.2 26.3 . . ARTICLE 26 PHYSICAL EXAMINATION AND WORKER'S COMPENSATION BENEFITS The City agrees that each employee shall receive, and will be obligated to, an annual physical examination, by a physician approved by the City, which includes the following tests: 1. Urinalysis 2. Audio Screen Test 3. Blood Pressure 4. Blood Chemical Profile (SMAC-24 Blood Test) 5. Vision Test 6. Height and Weight Recorded 7. EKG at rest or Stress EKG (Upon recommendation of the City physician) 8. Tuberculosis Test 9. Drug Test In addition to the above, employees, at their discretion, may choose to have a chest x-ray performed and interpreted in conjunction with the annual physical, provided appropriate justification is required. In the event an employee desires to use his/her own radiologist for the chest x-ray or own physician for the annual physical, the City is not obligated to pay more than it would if it made the request and used its physician/radiologist. Scheduling of the physical examination will be at the discretion of the department and results will become part of the employee's permanent health record. Cost of the examination and tests will be underwritten by the City. P~oP. ( ñ~ ) . . . 26.4 26.5 26.6 26.7 . . If the City finds it is necessary to refer an on-the-job injury to an outside physician, the injured employee will have the discretion of choosing said physician to the extent as the same meets with the approval of the City's Worker's Compensation carrier, providing all reports and charges of the physician comply with the Worker's Compensation Law. No employee shall be coerced by the employer or his representative in the selection of a physician. An AI.D.S. test annually at the employee's option during the employee's annual physical examination. Said test to be conducted at a facility designated by the City. Results of such test will be kept confidential by the facility. Attendance at a physical examination or at the City doctor (as required) shall be during scheduled work hours, except for those employees who can not be scheduled during regular work hours. Employees who cannot be scheduled during regular work hours shall be granted up to two (2) hours of time to be considered time worked for overtime purposes to obtain their physical. Time spent by employees to obtain their physical in a physician's office will be paid provided the employee provides documentation of the time. The City reserves the right to drug test employees in accordance with City policy. Random drug test shall be conducted following computer based objective selection procedures as is done for the City's other employees. The costs of such tests shall be borne by the City. P~oP. ( R4 ) . . . 27.1 27.2 27.3 27.4 27.5 27.6 . . ARTICLE 27 GENERAL PROVISIONS An employee may, subject to prior approval of The Chief of Police, 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 said employment shall not interfere with or adversely affect the performance of assigned duties. The City agrees that a member shall have the right to include in his official personnel record a written and signed refutation of any material he considers to be detrimental. Back Pay The parties agree that an employee or the City shall be entitled to recover, as soon as possible, funds due him or overpaid by reasons of error in the implementation of the City pay plan and other applicable regulation affecting pay, for a retroactive period of six (6) months from date of notice. Employees will not be required to use their private vehicles in the performance of assigned duties. Employees shall be furnished with parking facilities at the police department. Said parking facilities shall be furnished at no cost to the employee. This provision shall not apply to an employee who is going to or from court as a witness. When the City is requested to provide off-duty police services, for a private employer, an employee has the right to refuse to work off-duty. P~oP. ( n~ ) . . . 27.7 27.8 27.9 . . All off-duty law enforcement related employment opportunities available through the office of the Chief of Police, will be offered to bargaining unit employees on a rotating seniority basis. Employees shall be permitted to use patrol vehicles for off-duty police services at no cost to the employee with the approval of the Chief of Police Work Rules A. A copy of such regulations, procedures, special and general orders, or written directives shall be furnished to each employee and the Union sufficiently in advance of implem"entation in order to afford the Union the opportunity to consult with, or request to bargain, over the change to be implemented. B. Employees shall be required to observe and comply with such additional or supplemental rules and regulations promulgated and published by the Chief of Police or his designee only after receipt of actual written notice of such rule modification. If, in the sole discretion of the City official so designated by law to act, it is determined that civil emergency conditions exist, including but not limited to riots, civil disorders, hurricane conditions or similar catastrophes, the provisions of this Agreement may be suspended during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. P~(JA ( ññ ) . . . 27.10 27.11 27.12 . . EmerQencies For the purpose of this Agreement, emergencies shall be defined as situations where it is clearly necessary to provide basic minimum public safety services. Job Descriptions Police personnel shall not be used other than in law enforcement duties or duties reasonably related to the business of the City. Employees shall not be required to make non-police department deliveries (except in cases of a declared police emergency). Retirement The current retirement plan shall be continued except as improved by City of Clermont Police Officers Pension Board of Trustees Resolution #3 effective 1 October 2002. 27.13 Take home cars 27.14 A committee of four (4) persons is to conduct a study of take home car programs. The committee shall be made up of two (2) bargaining unit members selected by the PBA and two (2) non bargaining unit members selected by the City. The Committee shall issue its report to the City Manager by April 30, 2003 in order for the City Council to consider for inclusion in the 2003-04 fiscal year budget. Unmarked cars Employees in the position of detective may be assigned an unmarked city vehicle and shall use same in accordance with City Policy. P~gP. ( (17 ) . . . 28.1 28.2 . . ARTICLE 28 SEVERABILITY CLAUSE 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 be not be affected thereby. The parties shall enter into collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such Article or Section. P~oP. ( RR ) . . . 29.1 29.2 29.3 . . ARTICLE 29 LOCKER ROOM FACILITIES The City agrees to maintain locker room facilities for bargaining unit employees of the department, as appropriate. Said locker room facilities shall consist of, but not limited to, the following: A. B. C. Lockers Showers A training room An agent of the City shall have the right to inspect a bargaining unit employee's locker space without permission of the employee or other proper authority of law, provided said inspection is done in the presence of the employee. The City will be financially responsible for reimbursing an employee for loss or destruction of property by an agent or employee of the City during said inspection, excluding the locking device if the employee was given the opportunity to open said locker. P::¡OP. ( n~ ) . . . 30.1 . . ARTICLE 30 VOTING During a primary, special or general election an employee 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. P~OA ( 7() ) . . . . . ARTICLE 31 WAGES 31.1 The following pay scale shall be effective October 1,2001: Patrol Officers Investigators Years Hourly Annual Hourly Annual Start $13.25 $28,938 $13.91 $28,938 1 $13.51 $29,505 $14.18 $29,505 2 $13.78 $30,095 $14.46 $30,095 3 $14.05 $30,685 $14.75 $30,685 4 $14.33 $31,296 $15.04 $31,296 5 $14.61 $31,908 $15.34 $31,908 6 $14.90 $32,541 $15.64 $32,541 7 $15.19 $33,174 $15.94 $33,174 8 $15.49 $33,830 $16.26 $33,830 9 $15.79 $34,485 $16.57 $34,485 10 $16.10 $35,162 $16.90 $35,162 Each year+2.0% +2.0% 31.2 The years of service are based on service as a certified law enforcement officer with the City of Clermont Police Department. Employee's regular pay rates are adjusted to the next step upon reaching their employment or promotion anniversary dates and obtaining a satisfactory overall rating on their annual performance evaluation. 31.3 All employees who are members of the bargaining unit as of the date of ratification of this agreement shall be paid for any and all increases in pay rate, retroactive to October 1, 2001 or their hire date, if the employee was hired between October 1, 2001 and the date of ratification of this agreement. Reimbursement shall include all regular hours, overtime hours, holiday hours, Sunday hours, supervisory hours, compensatory time, FTO bonus pay, vacation time and sick time in the period October 1,2001 to the time of ratification of this agreement. 31.4 Effective October 1, 2002 and every October 1 st thereafter, the pay scale shall be adjusted upward by two and one-half percent (2.50%). P~OA (71 ) .8 . . 32.1 32.2 32.3 32.4 . . ARTICLE 32 HOLIDAYS The following days shall be observed as official holidays for City employees: The first day of January (New Years Day) The third Monday of January (Martin Luther King Day) The last Monday in May (Memorial Day) The fourth day of July (Independence Day) . The first Monday in September (Labor Day) The eleventh day of November (Veterans Day) The fourth Thursday in November (Thanksgiving Day) The fourth Friday in November (Day after Thanksgiving Day) The twenty-fourth day in December (Christmas Eve) The twenty-fifth day in December (Christmas Day) When an official holiday falls on a Saturday, Investigators will observe the holiday on the Friday immediately preceding the holiday. When an official holiday falls on a Sunday, the Investigators will observe the holiday on the first Monday after the holiday. Patrol Officers will observe the holiday on the actual holiday. Investigators will observe the Christmas Eve holiday on either the day before or after Christmas at the discretion of the City, in an effort to provide for a long four (4) day weekend when possible. Holiday pay shall be paid in the following manner: A. All employees who meet the Holiday Pay eligibility requirements noted in Article 32.4C. shall be paid Holiday Pay equivalent to eight (8) hours at the employee's regular rate of pay. P~oP. ( 7? ) . . . B: . . All employees who are required to work on the holiday as a regularly scheduled day and meet the Holiday Pay eligibility requirements noted in Article 32.4 C., shall be paid for all hours worked on the holiday at the rate of one and one-half (1-1/2) times the employee's regular rate of pay. To be eligible for Holiday Pay, an employee must meet the following requirements: C. 1. 2. a) b) Must be a full-time employee, Must work on the scheduled days prior to and after the holiday, with the exception if the absence was due to the following reasons: The employee's absence is during his/her annual vacation leave. The employee is absent because of sickness or accident and brings in a doctor's statement indicating medical attention has been received. The employee is absent due to death of a member of the employee's immediate family. The employee is absent due to a current on the job injury. An employee who reports in on the scheduled work date prior to the holiday would be considered to have worked that day, even though he/she is unable, due to emergency or illness, to complete his/her normal shift. The same will apply to the first scheduled work day after the holiday. c) d) e) P~oP. ( 7~ ) . . . 33.1 33.2 . . ARTICLE 33 PUBLICATION OF THE AGREEMENT The Union will undertake the responsibility of printing the necessary number of copies of this Agreement for bargaining unit members. The parties agree to execute duplicate originals of each mutually agreeable Article. P~!JP ( 74 ) . . . 34.1 34.2 34.3 34.4 34.5 . . ARTICLE 34 PROMOTIONS It is the policy of the City to employ and promote the most qualified individual available for any given position. Promotion from within the City is a desirable practice in that positions can be filled with individuals who are knowledgeable about the operations of the jurisdiction and the orientation period is significantly shortened. Vacancies in positions above the lowest rank in any category within the City personnel system shall be filled by the promotion of employees in City service when possible and practical. All vacancies shall be advertised in accordance with the City's Personnel Policy. Preference shall be given to the applicåtions of City employees who meet the minimum qualifications of the position advertised. When a vacancy is to be filled by promotion the following factors will be considered: A. B. C. Qualifications for the position (Le., knowledge, skills, and abilities) Service record with the City Physical fitness (if appropriate to the position) Upon promotion to a position covered by this agreement, the employee's pay rate shall be adjusted to a rate in accordance with the pay scale included in Article 31.1. P::¡OP ( 7~ ) . . . 34.6 34.7 34.8 . . A promoted employee will serve a one (1) year probationary period. A promoted employee will not receive the step pay rate increase based on the employee's employment anniversary date during the probationary period. If the promoted employee successfully completes the probationary period, the employee's pay rate will be adjusted to the next step pay rate as noted in Article 31. Future annual performance evaluations and appropriate step pay rate adjustments will be performed on the anniversary of the promotion date. If the promoted employee does not successfully complete the probationary period in that position, the employee may be returned to the position from which he/she was promoted. If the position from which the employee was promoted is filled or Chief of Police does not approve the return, reasonable efforts will be made to place the employee in a comparable position, if one is available within the City. The employee's rate of pay will be adjusted to that rate of pay prior to the promotion. If such a vacancy does not exist, the employee will be laid off. P;:¡OP. ( 7R ) . . . 35.1 . ARTICLE 35 PROBATIONARY PERIOD . The probationary period for a new employee shall be for one (1) year. P~OA ( 77 ) . . . 36.1 36.2 . . ARTICLE 36 DURATION This Agreement shall take effect upon ratification by the Bargaining Unit and the City, and shall continue in full force and effect until midnight of September 30, 2004. Any notice to be given under this Agreement shall be given by hand delivery, registered or certified mail. If given by the Union, it shall be addressed to the City Manager, City of Clermont, 1 Westgate Plaza, Clermont, Florida 34711; and any such notice given by the City shall be addressed to the Florida Police Benevolent Association, Inc., 1800 N. Mills Ave., Orlando, Florida 32803. P::IOP- ( 7P. ) . . . I. . . APPENDIX A DAMAGE OR LOSS TO PERSONAL PROPERTY DAMAGE OR LOSS TO PERSONAL PROPERTY A. Reimbursement may be made for the loss or damage of personally owned tape recorder, watch, wedding ring, medicall.D. bracelet or corrective eye wear. When damage or loss is a direct result of line of duty action. 1. No reimbursement will be made if loss or damage results for carelessness, negligence or misuse. B. The following guidelines must be observed: 1. Lost or damaged corrective eye wear shall be covered for 100% of the cost of repair or replacement per officer per incident. Claims for loss or damage to the other property listed in Section A, cannot exceed $200.00 per officer per incident. 2. A claim or loss report must be prepared and sent to the Chief of Police setting forth the circumstances. The claimant's supervisor will be responsible for investigating and making a recommendation concerning the claim. 3. The claim of loss report must fully explain how the damage or loss was incurred during the line of duty action. 4. The brand name (when possible), the original costs and the age of the item should be stated. P~oP ( 7Q ) . . . 5. It will be the immediate supervisors responsibility to ensure that the member who is requesting reimbursement for damage or lost personal property has not other coverage, Le., insurance, etc., available for replacement of the article. 6. Chief of Police's office will be responsible for coordinating the payment of the approved claims. If a claim is denied, the officer will be advised in writing of the reason for the denial. . . Paqe (80) . . . . . Appendix B CITY OF CLERMONT CENTRAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. G R I E V AN C EF 0 R M STEP ONE P.B.A. No. Inv. No. Employee Name Date Alleged Grievance Occurred Job Classification Employee # Department Grievance Presented In Writing To Chief of Police By On Employee Signature or PBA Official Date Received By On Chief of Police's Signature Date Contract Provision Allegedly Violated: Article Section Description of Grievance:(Attach separate sheet if necessary) Remedy Sought: Chief of Police's Answer In Writing: Accepted Rejected Reason(s): Chief of Police's Signature Received By On Date On Date Copies to: Employee, Union Office Paqe (81) . . . . . CITY OF CLERMONT CENTRAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. G R I E V AN C EF 0 R M STEP TWO P.B.A. No. Inv. No. Employee Name Date Alleged Grievance Occurred Job Classification Employee # Department Date of Response to Step 2: Grievance Presented In Writing To City Manager By On Employee Signature or PBA Official Date Received By On City Manager's Signature Date Contract Provision Allegedly Violated: Article Section Description of Grievance:(Attach separate sheet if necessary) Remedy Sought: City Manager's Answer In Writing: Accepted Rejected Reason(s): City Manager's Signature On Date Received By On Date Copies to: Employee, Union Office PaQe (82) . . . .. . e- In witness whereof, the parties have caused this agreement to be signed by their duly authorized representatives. City of Clermont Central Florida Police Benevolent Assn., Inc. ~~~ Date: Q'- \."'- 0"'" M~~ Date: 9,. ¡'J'd~