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Contract 2025-030A2025-030A Collective Bargaining Agreement Between Central Florida Police Benevolent Association A Chapter of the Florida Police Benevolent Association and the The City of Clermont February 2025 to September 30, 2027 Sergeants' Collective Bargaining Agreement Table of Contents Preamble............................................................................................................. Article1 —Recognition ...........................................................................................3 Article 2 — Prevailing and Management Rights................................................................3 Article 3 — Non-Discrimination..................................................................................4 Article 4 — Administrative Investigations....................................................................... 5 Article 5 — Professional Standards and Disciplinary Action.................................................6 Article 6 — Personnel Records....................................................................................8 Article 7 — Work Period and Work Shifts......................................................................8 Article 8 — Overtime, Overtime Pay and Compensatory Time..............................................9 Article9 — Extra Duty...........................................................................................10 Article 10 —Annual Leave.......................................................................................I I Article11 — Sick Leave..........................................................................................12 Article 12 — Bereavement Leave................................................................................12 Article 13 — Leave of Absence..................................................................................12 Article 14 — Military Leave and Military Duty...............................................................13 Article 15 — Workers' Compensation, On -the -Job Injury and Disability..................................13 Article16 — Vehicles.............................................................................................14 Article 17 — Personal Day.......................................................................................15 Article18 - Insurance............................................................................................15 Article 19 — Union Representatives and Business............................................................16 Article 20 — Reduction in Work Force.........................................................................16 Article 21 — Dues Deduction....................................................................................18 Article 22 — Grievance Procedure..............................................................................18 Article23 - Arbitration...........................................................................................20 Article 24 — Employee Educational Assistance...............................................................22 Article 25 —Physical Examinations............................................................................23 Article 26 — General Provisions................................................................................24 Article 27 — Locker Room Facilities...........................................................................25 Article28 — Voting...............................................................................................25 Article29 - Wages................................................................................................26 Article30 - Holidays.............................................................................................27 Article31 - Promotions..........................................................................................28 Article 32 — Damage or Loss to Personal Property..........................................................28 Article33 - Pensions.............................................................................................29 Article 34 — Performance Evaluations.........................................................................29 Article 35 — Uniforms and Equipment.........................................................................29 Article 36 — Modified Duty Assignment......................................................................30 Article 37 — Health and Safety..................................................................................31 Article 38 - Indemnification.....................................................................................32 Article 39 — Severability Clause................................................................................32 Article 40 — Publication of the Agreement....................................................................33 Article 41 — Complete Agreement.............................................................................33 Article42 — Duration............................................................................................33 SignaturePage ....................................................................................................34 AppendixA .......................................................................................................35 2 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, hereafter referred to as the "Union." The general purpose of this Agreement is to establish wages, hours and terms and conditions of employment for bargaining unit members and to provide an orderly procedure for the resolution of grievances. In this Agreement, the terms "Clermont," and "the City," refer to the employer, the City of Clermont and its Police Department. The terms "bargaining unit member," "member," or "employee," refers to the sworn police officers employed by the City of Clermont in the classification of Sergeant. Uses of gender references, "he" and "she" are considered interchangeable. Article 1 Recognition 1.1 The City hereby recognizes the Florida Police Benevolent Association as the sole and exclusive bargaining agent for the purpose of collective bargaining with respect to wages, hours and other conditions of employment for those employees of the City of Clermont working within the certified bargaining unit, as established by order of the Florida Public Employees Relations Commission (PERC), PERC Certification Number 2085. Article 2 Management (lights 2.1 The Union recognizes the prerogative of the City, except as expressly abridged by any provision of this Agreement, to exercise exclusively all of the normal and inherent rights of management with respect to the Police Department, including but not limited to, the right to determine the purpose of its constituent divisions, to set standards of service, and to exercise control and discretion over its organization and operations to ensure efficiency. It is also the right of the City to direct its sworn police employees, to take disciplinary action for proper cause, and to relieve its sworn police employees from duty, provided in so doing the provisions of this agreement are not violated. 2.2 The City reserves the right: A. To select and direct the work force in accordance with requirements determined by management. B. To establish and change individual work schedules and assignments. C. To assign and distribute available overtime work and to change work schedules in order to 3 minimize overtime work. D. To make and enforce work performance standards. E. To make and change reasonable rules and regulations and to determine disciplinary action for the failure to obey such rules and regulations. F. To determine if a formal investigation under FSS 112.532 is warranted. G. To determine job descriptions. H. To make and enforce safety rules. I. To transfer and promote members. To determine the size and composition of the work force. K. To lay off bargaining unit members for lack of work or other legitimate reasons. L. To transfer, subcontract, and eliminate work. M. To regulate, control, change, or eliminate existing work procedures or equipment utilized for duty purposes. N. To suspend, discharge, demote, or otherwise discipline bargaining unit members for proper cause. O. To suspend provisions of this agreement during a time of declared emergency conditions, including but not limited to riots, civil disorders, hurricane or weather conditions, with the exception of the wage, benefit and damage or loss to personal property provisions. 2.3 The exercise of management rights shall not preclude bargaining unit members or their representatives from raising grievances should decisions on the above matters have the practical consequences of violating the terms and conditions of this collective bargaining agreement. 2.4 To the extent that exercise of the management rights described herein, modify or impact wages, hours or other terms and conditions of employment, the City agrees not to exercise such right without first affording the Union an opportunity to review and negotiate impact thereof. Article 3 Non -Discrimination 3.1 There shall be no discrimination against any employee covered by this Agreement because of race, religious creed, color, national origin, sex/gender, age, disability, marital status, veteran's status, political affiliation, pregnancy, genetics or sexual orientation as prohibited by State or Federal law. 3.2 There shall be no discrimination against any employee covered by this Agreement because of membership, non -membership or office held in the Union. 3.3 The City and the union oppose discrimination on the basis of age, race, religious creed, color, 4 national origin, sex/gender, disability, marital status, veteran's status, political affiliation, pregnancy, genetics, sexual orientation, or any other protected classifications. However, the parties also recognize that the City has established an internal procedure to investigate and resolve alleged cases of discrimination that is in addition to existing and adequate procedures established by the State of Florida and the Federal Government. Accordingly, it is agreed that allegations of employment discrimination as described above cannot be processed through the contractual grievance/arbitration procedure. Article 4 Administrative Investigations 4.1 Administrative investigations of bargaining unit members ("Law Enforcement Officers") will be conducted in accordance with Florida Statute 112.532, 112.533, 112.534 and 112.536, known as the Police Officers' Bill of Rights. Bargaining unit members will be required to read and sign their Law Enforcement Officers' Rights form and their Garrity Warning form prior to a formal investigative interview. 4.2 The parties have incorporated by reference the statutory bill of rights in this Agreement to enable them to elect to invoke the grievance -arbitration procedure to remedy any alleged denial of rights, and not to effect any change in substantive rights under the statute as repeated herein. An employee may pursue enforcement of these rights through arbitration or in the courts, but if the bargaining unit member chooses to enforce these rights in court, the City is not obligated to arbitrate over these same issues. Should the referenced Statute be amended by legislature or court action during the course of this Agreement, the amendments will be incorporated and applied without further negotiation by the parties to this Agreement. 4.3 No bargaining unit member shall be disciplined in any manner or otherwise discriminated against in regard to his/her employment or appointment, or be threatened with any such treatment, by reason of his/her exercise of the rights granted by the Police Officers' Bill of Rights. 4.4 If a bargaining unit member is the subject of an administrative investigation, he/she will be notified in writing. At the discretion of the Police Chief, he/she may be allowed to continue performing her/his regular duties or be reassigned to reasonable alternative departmental duty or placed on administrative leave with no loss of pay or benefits until such time as the investigation is completed and disciplinary action, if any, has been determined. If criminal charges are filed against a bargaining unit member, he/she may (at the discretion of the Police Chief) be placed on administrative leave without pay. 4.5 The investigation findings under this Article will be classified as follows: A. Sustained - The allegations are supported by sufficient proof. B. Not Sustained- The evidence is not sufficient to prove or disprove the allegation. C. Unfounded - The allegation is false or otherwise not based on valid facts. D. Exonerated- The incident or act occurred but was lawful. 4.6 A complete copy of the investigative report and supporting documentation will be provided to the bargaining unit member upon request and placed in the Police Department's 5 Administrative Investigation file. The report summary and discipline, if any will be placed in the personnel file. Article 5 Professional Standards and Disciplinary Action 5.1 It is a statutory right of the City to establish rules and standards of performance and to discipline employees in accordance with those standards. When discipline is applied, the City shall, when possible, use a system of "progressive discipline" that uses the least possible form of corrective action necessary to obtain its intended purpose, which is to correct inappropriate conduct. Discipline should be progressive, consistent and appropriate. However, the Union and the City recognize that there are instances where the employee's conduct is such that progressive discipline is not required and that discipline up to and including discharge can be imposed by the City. Employees will not be discharged or disciplined without cause. A. Supervisory personnel are delegated the authority and responsibility for the proper direction, effectiveness, efficiency, conduct, and discipline of subordinate personnel assigned to them, subject to review by the Police Chief. B. Prior to any disciplinary action being taken, management will address as appropriate to determine the applicable facts and evidence which would support or not support the need for disciplinary action. The circumstances will determine the need for a formal investigation and extent thereof. If an investigation is reasonably expected to result in disciplinary action, such investigation will be conducted in accordance with Article 5 of this Agreement. C. At -fault vehicle crashes shall follow a separate disciplinary matrix and shall not be combined with progressive discipline for other disciplinary matters. 5.2 Counseling: Supervisors are responsible for counseling employees when necessary to improve performance. Counseling is not considered discipline and is not subject to the grievance process. Supervisors shall document the written counseling on the City's Corrective Action Form. Written Counseling records are considered public records and shall be maintained in the employee's personnel file. Written Counselings shall be not be counted for the purposes of progressive discipline provided they are older than twelve (12) months. 5.3 Discipline may take the form of A. Reprimand: Recorded admonishment of a deficiency or poor performance. B. Suspension: An unpaid period of time of at least one shift and not more than thirty (30) days. However, if the bargaining unit member has been suspended as the result of an administrative investigation into pending criminal charges, the bargaining unit member may be suspended until a final court disposition is rendered. C. Demotion: Reclassification from one position to another one of lower pay. D. Termination: A complete and irrevocable severing of the employment T relationship. 5.4 If a bargaining unit member who is suspended/placed on administrative leave without pay pending final court disposition of criminal charges, is convicted or pleads guilty or nolo contendere to any criminal charge that disqualifies him/her from service as a police officer under Florida Statutes, s/he shall be terminated and shall not be entitled to any back pay or benefits. 5.5 If a bargaining unit member who is suspended/placed on administrative leave without pay pending final court disposition of criminal charges, is convicted, pleads guilty or nolo contendere to or plea bargains to a misdemeanor offense that does not disqualify him/her under Florida Statutes, the bargaining unit member shall not be entitled to any back pay or benefits upon return to full duty and may be subject to further discipline imposed in accordance with this article. 5.6 If a bargaining unit member, who is suspended/placed on administrative leave without pay pending final court disposition of criminal charges, has been acquitted of all charges or has all charges dropped, he/she will be restored to full duty with all back pay and benefits, except for such discipline imposed against the bargaining unit member for violation of the City's Employment Policies Manual and/or departmental operating guidelines. 5.7 All disciplinary action taken toward bargaining unit members is subject to grievance. 5.8 Bargaining unit members shall be required to observe and comply with written regulations governing their employment as set forth in Departmental procedures and such special and general orders and written communications issued by the Department or the City, including the City's Employment Policies Manual, to the extent that such rules or directives are not in conflict with this Agreement. 5.9 No disciplinary action will be taken for violation of a rule or regulation until at least forty-eight (48) hours after posting or distribution of the rule or regulation. 5.10 To the extent possible, supervisors shall document incidents, acts or behavior potentially leading to disciplinary action. Record keeping must identify dates, times and circumstances. 5.11 If disciplinary action is proposed that includes termination, demotion, or other personnel action (e.g., suspension without pay) which might result in loss of pay or benefits, the bargaining unit member will be notified in writing of the proposal and the reason or reasons ten (10) calendar days prior to the effective date of such action. 5.12 If disciplinary action is proposed that includes termination, demotion, or suspension without pay, the bargaining unit member will be provided a complete copy of the investigative report and/or supporting documents and an opportunity to address the report findings with the Police Chief, or designee, in a pre -disciplinary hearing prior to the effective date of such action. The bargaining unit member will be given notice of the pre -disciplinary hearing a minimum of seven (7) calendar days prior to the hearing. During that seven (7) day period, the bargaining unit member shall have an opportunity to secure a representative from the union (including PBA staff, PBA attorney, or personal attorney) to be present during the pre- 7 disciplinary hearing. 5.13 Within fourteen (14) calendar days of the conclusion of the pre -disciplinary hearing, the Police Chief shall notify the bargaining unit member, in writing citing any and all reasons, of his/her decision in respect to the form of discipline, if any. Article 6 Personnel Records 6.1 The bargaining unit member's official personnel files are to be maintained in the City's Human Resources Department. 6.2 With the exception of those exemptions noted in Florida Statutes, records in the bargaining unit members' personnel files are public records and available for inspection. The release and disclosure of any records in these files will be under the authority of the City Clerk. 6.3 Bargaining unit members shall have the right to inspect and make copies of his/her personnel files at no charge. The records shall be made available during regular business hours. 6.4 Bargaining unit members shall be notified, within five (5) days of receipt of public records request that requests a personnel file of a bargaining unit member or identifies a bargaining unit member. Documentation noting the date and identity, if known of the individual/organization requesting the personnel file record shall be placed in the personnel file. Nothing herein shall require the City to obtain the name or other identifying information of any such individual/entity requesting the personnel file record. 6.5 The City agrees that a bargaining unit member shall have the right to include in his/her personnel file a written refutation of any material he/she considers to be detrimental. The written refutation must be provided to the Police Chief within thirty (30) calendar days following the completion of the disciplinary process (including the grievance process, if applicable). Article 7 Work Period and Work Shift 7.1 Bargaining unit members assigned to road patrol shall work twelve (12) hour shifts from 6:00 a.m. to 6:00 p.m. or 6:00 p.m. to 6:00 a.m. The normal work period shall consist of two (2) days on, two (2) days off, three (3) days on, two (2) days off, two (2) days on, and three (3) days off. Bargaining unit members assigned to road patrol shall be scheduled for a weekend off every other weekend, a weekend being defined as Friday, Saturday and Sunday, unless there is a declared emergency. 7.2 Bargaining unit members assigned to any unit other than road patrol shall work eight (8) or ten (10) hour shifts with starting and ending times to be determined by the Police Chief. The normal work period for eight (8) hour shifts shall consist of five (5) days on and two (2) days off. The normal work period for ten (10) hour shifts shall consist of four (4) days on and three (3) days off. While working a regularly scheduled shift, the K-9 member will be allotted one (1) 8 hour of each shift for dog maintenance. In addition, the K-9 member shall be compensated one (1) hour for dog maintenance during each scheduled day off. 7.3 As noted in Article 2.2.13. of this Agreement, the City has the right to change work schedules (starting and ending times and days on/off, early/late car, relief/power shift) as needed. The City will give as much advance notice as possible when adjustments are made. 7.4 Each bargaining unit member shall be entitled to a paid meal period of thirty (30) minutes and two (2) fifteen (15) minute rest periods during his regular work shift. The time period for breaks must be approved by the bargaining unit members' shift supervisor prior to the bargaining unit member taking the break. 7.5 No bargaining unit member shall be required to work a split shift. Whenever a shift rotation occurs or a bargaining unit member rotates to a new shift, bargaining unit members shall be entitled to at least the number of hours equal to one scheduled shift of off -duty time prior to returning to work. 7.6 The bargaining unit members assigned to shifts shall have the opportunity to pick their desired shift by seniority provided the operational needs of the department are satisfied. The shift picks or bids will occur in January and July. The City retains the right to determine the number of slots available on each shift and override shift pick selections. Article 8 Overtime, Overtime Pay and Compensatory Time 8.1 Overtime is defined as time worked in excess of eighty-four (84) hours per pay period for twelve (12) hour shift employees and in excess of forty (40) hours per workweek for all other employees. 8.2 For the purposes of computing overtime, compensatory leave, sick leave, bereavement leave, annual leave, holiday leave, military leave, jury duty and any other absence from work while on paid status will not be considered time worked. 8.3 Overtime must be assigned or authorized by supervisory staff, an employee is not entitled to assign or approve overtime for him/herself. Overtime shall be scheduled at the discretion of the Police Chief or designee in accordance with the procedures herein, except in instances of a declared emergency. 8.4 Except in instances of emergency, overtime opportunities will first be offered to eligible employees in the same job class, in order of seniority. Should the most senior employee decline the opportunity, it will be offered to the next senior until the opportunity is accepted. If no eligible employee voluntarily accepts the overtime opportunity, it will be assigned to and required of the eligible employee with the least seniority. 8.5 Accepting the overtime opportunity or declining the opportunity will be considered the same in regard to eligibility for subsequent opportunities. 01 8.6 On subsequent opportunities for overtime, the procedure described above shall begin with the bargaining unit member having the greatest seniority after the bargaining unit member who accepted or declined the previous opportunity. 8.7 Overtime worked shall be compensated at one and one-half (1.5) times the bargaining unit member's regular rate of pay as defined in the Fair Labor Standards Act. 8.8 In lieu of receiving cash for overtime worked in excess of eighty-four (84) hours per pay period or forty (40) hours per workweek, as applicable, employees may request compensatory time. A. Equivalent compensatory time for each overtime hour worked based on Article 8.7 of this Agreement will be credited to the employee at the end of the work period in which the overtime was worked. Records related to accrual and use of compensatory time are maintained by the Finance Department. B. The maximum accrual of compensatory time is eighty-four (84) hours for twelve (12) hour shift employees and eighty (80) hours for all other employees. When an employee has reached his/her maximum accrual, the City will include payment for any subsequent overtime in the employee's paycheck. C. A bargaining unit member who has accrued compensatory time and requested use of this compensatory time shall be permitted to use such time off within a reasonable period after making the request, if such use does not unduly disrupt the operations of the department. The minimum time period for use of compensatory time is one (1) hour. D. Bargaining unit members may use compensatory time accrued in conjunction with the use of vacation leave. E. Upon termination of employment, for whatever reason, the remaining balance of accrued compensatory time will be paid to the terminated employee (or his/her designated beneficiary or estate in the case of the employee's death) at the rate of pay in effect for him/her at that time. Article 9 Extra -Duty 9.1 Call out time is defined as any time a bargaining unit member is called into work when he/she is off duty. Call out hours shall be paid for actual time worked with a minimum of two (2) hours. In the event of multiple callouts, the two (2) hour requirement shall not apply to those call -outs incurred within two (2) hours of the first call -out clock -in time. If the call -out consists only of virtual court -related meetings, emails or telephone calls, the actual time of the virtual court -related meetings/emails/calls will be paid, without regard to a minimum time. Call out hours paid will be considered time worked for purposes of overtime calculation in the work period in which the call outs occurred. 9.2 On call duty is defined as off -duty time when a bargaining unit member is ordered by the Police Chief. or his designee, to be readily available and prepared to perform actual work when the need arises during off -duty hours. Members in an on -call status shall receive a daily 10 supplement of $20.00, which shall be added to his/her base annual salary during the week he/she is on call. If a bargaining unit member is called out for duty, the bargaining unit member will be compensated in accordance with Article 9.1. 9.3 Bargaining unit members shall be compensated for training or re-training when such training or re-training is required by the Police Chief or the State of Florida. Such training will be considered time worked for purposes of overtime calculation in the work period in which the training was conducted. Bargaining unit members shall not be compensated for training or re- training, when such training or retraining is not approved by the Police Chief or his designee. 9.4 Special Event Pay "Special events" are defined as those events included in the Special Events lists maintained by Parks & Recreation of the Recreation Collective folder. The Police Chief or his designee will review the public safety impact of each of these events and shall determine if Police resources are needed. Non-exempt employees who work a Special Event, which is held outside of their regular scheduled work hours and who do not qualify for the overtime premium noted in Chapter 4 of the City's Employment Policies Manual, shall be paid for all hours worked the Special Event at the rate of one and one-half times (1.5) the employee's regular rate of pay. The hours worked during the special event will be considered time worked for purpose of overtime calculation in the work period in which the special event occurred, in accordance with the FLSA. Hours worked in preparation of a Special Event do not qualify for this Special Event premium, however said hours would be paid in accordance with the FLSA. This agreement does not include hours worked as an "off duty detail" and those hours are paid by the vendor through a software system designated by the City. Article 10 Annual Leave 10.1 Bargaining unit members are entitled to the following: Years of Service 8 & 10 Hour 12 Hour 0-4 3.08 hours 3.23 hours 5-9 3.69 hours 3.85 hours 10-14 4.61 hours 4.85 hours 15-19 5.53 hours 5.81 hours 20 and over 6.15 hours 6.46 hours 10.2 The maximum amount of annual leave that bargaining unit members may accumulate is as follows: Employee Type Maximum 8 hour 320 hours 11 10 hour 320 hours 12 hour 336 hours 10.3 In the event that the City changes the annual leave benefits available to all other employees, the respective leave benefits will remain unchanged for bargaining unit members, unless the change is mutually agreed to by the Union and the City. Article 11 Sick Leave 11.1 Bargaining unit members are entitled to sick leave on a biweekly basis in accordance with the following schedule: Years of Service 8&10 Hour Emp 12 Hour Emp Less than 1 Year 1.84 hours 1.94 hours More than 1 Year 3.69 hours 3.88 hours 11.2 In the event that the City changes the sick leave benefits available to all other employees, the respective leave benefits will remain unchanged for bargaining unit members, unless the change is mutually agreed to by the union and the City. Article 12 Bereavement Leave 12.1 Bargaining unit members are entitled to up to twenty-four (24) hours of bereavement leave upon approval of the Police Chief in the event of a death of a family member. The member shall submit proof of death before compensation is approved. 12.2 Family members are defined as the employee's children, parents, parents -in-law, brothers, sisters, grandparents, grandparents -in-law, grandchildren, great grandparents, great grandchildren, aunts, uncles, and current spouse, stepchildren, stepparents, stepparents -in-law, step -brother, step -sister, step -grandparents. step -grandchildren, sisters-in-law, brothers-in- law, sons-in-law, and daughters-in-law. 12.3 If additional time off is necessary, annual leave or compensatory leave may be used, with the approval of the Police Chief. Article 13 Leave of Absence 13.1 All applications for leave of absence must be submitted in writing and approved by the Police Chief and the City Manager in collaboration with the Human Resources Department. Decisions regarding leaves of absence are not subject to the grievance or arbitration procedures. 12 13.2 Upon termination of leave of absence, the bargaining unit member shall return to the same job classification and rate of pay in effect at the beginning of the leave of absence. 13.3 The bargaining unit member will not lose any credited service with the City, if the leave of absence period is less than three (3) months. If the leave of absence period is longer than three (3) months, the bargaining unit member will not receive any credited service for the entire leave- of absence period. No other benefits will be available to the bargaining unit member during the leave of absence period. 13.4 A leave of absence shall run concurrent with all forms of leave including FMLA and shall not exceed a total of one hundred eighty (180) calendar days. Annual, sick, personal and compensatory leave may be used during a leave of absence. All leaves must be exhausted prior to going into an unpaid status. Article 14 Military Leave and Military Duty 14.1 Military leaves shall be granted in accordance with the City's Employment Policies Manual, Florida and Federal Law. The City's Employment Policies Manual cannot supersede Florida and Federal Law. 14.2 Except in an actual or declared emergency recall to duty, the bargaining unit member shall give thirty (30) calendar days' notice, or as much notice as possible to his supervisor that his military duty will occur on the specific dates. Article 15 Workers' Compensation, On -the -Job Injury and Disability 15.1 The City provides workers' compensation insurance, in accordance with Florida Statutes, and through its carrier will provide medical and compensation benefits to employees who sustain an injury as a result of and arising out of employment by the City. Initial determination as to whether an injury is compensable will be made by the carrier. Disputes concerning compensability of injury or type or amount of compensation shall be resolved through existing legal process as defined by Florida Statute and shall not be subject to grievance under this Agreement. 15.2 Members recognize a duty to immediately report any injury occurring while on the job, and to cooperate in providing any information necessary to process a claim. 15.3 The City is entitled to select the physician who will examine or reexamine the injured employee; however, the injured employee is entitled to a one-time change in physicians per claim, subject to the approval of the workers' compensation carrier and applicable Workers Compensation law. 15.4 While on a job connected injury or disability leave, bargaining unit members shall be entitled to all benefits as provided in this Agreement. 15.5 Before returning to work, a return -to -work statement from the treating physician must be 13 submitted to the Police Chief, authorizing the bargaining unit member's return to work without any work restrictions or with modified duties that can be accommodated by the Police Department at that given time. 15.6 A bargaining unit member (probationary or permanent) who is maliciously or intentionally injured on the job shall be paid injury leave at full pay during the duration of the job disability. Malicious or intentional is defined as wrongfully, intentionally, without legal justification or excuse, and with the knowledge that injury or damage may be caused to another person or the property of another person. When workers compensation indemnity benefits are paid, injury leave shall supplement not to exceed 100% of employee's wages. 15.7 A bargaining unit member who receives an accidental or unintentional injury on the job shall be paid injury leave at full pay until Workers Compensation payments begin when the employee is required to be absent from work at the direction of a physician selected in accordance with Article 15.3 above. 15.8 Upon payment of the maximum injury leave available, bargaining unit members shall be required to use accumulated personal leave to make up the difference between the workers compensation payments and the bargaining unit members regular wages. 15.9 Bargaining unit members are required to use injury leave concurrently with any available Family and Medical Leave. Leave time taken will be applied towards the bargaining unit member's Family and Medical Leave entitlement. Article 16 Vehicles 16.1 The City shall equip all patrol vehicles in such a manner to allow bargaining unit members to perform their duties and responsibilities as police officers. The Police Chief shall determine the type of equipment to be used. 16.2 All maintenance, repairs, fuel costs, and insurance for the patrol vehicles shall be the responsibility of the City. 16.3 If a bargaining unit member feels that a vehicle or other equipment is unsafe and therefore unfit for service because it is a hazard to him or the public, or both. he shall immediately inform his supervisor. If the supervisor concurs, the unsafe vehicle or other equipment shall not be used until it has been inspected and determined safe. Should the supervisor not concur, the bargaining unit member shall document such unsafe condition(s) and forward it to the Police Chief via the chain of command. 16.4 With respect to vehicles, the term "unsafe" shall relate to brakes, lights, tires, emergency lights, spotlights, horns, sirens, steering, electrical, fuel leaks, engine/transmission, biohazard or chemical contamination. 16.5 If the nature of the vehicle problem is such that it should not be driven, the vehicle shall be taken out of service at the location where it is deemed unsafe. A bargaining unit member shall 14 not be required to deliver such unsafe vehicle to place of repair. However, if the nature of the unsafe condition is such that the bargaining unit member can drive the vehicle to a place or repair, without hazard to himself/herself or the public, he/she shall do so. 16.6 No vehicle or piece of equipment shall be released back for duty use until inspected and/or repaired by competent mechanical personnel. 16.7 Bargaining unit members shall not be required to perform repairs on vehicles. 16.8 Bargaining unit members shall not be required to use their personal vehicles in the performance of any assigned duties with the exception of ancillary functions. 16.9 Bargaining unit members shall be allowed to drive City vehicles home in accordance with the City's Take Home Vehicle Policy as approved by the City Manager. Members shall be required to use such vehicles in accordance with the City's Take Home Vehicle Policy in effect at the time unless otherwise stipulated in this Agreement. 16.10 Bargaining unit members not assigned to the K-9 unit shall not be required to transport animals in patrol vehicles, whether caged or un-caged. Article 17 Personal Day 17.1 Bargaining unit members are entitled to the two (2) personal days per calendar year. 17.2 In the event that the City changes the Personal Day(s) benefits available to all other employees, the respective Personal Day benefits will remain unchanged for bargaining unit members, unless the change is mutually agreed to by the Union and the City. Article 18 Insurance 18.1 The City agrees to provide the same health, dental and life insurance benefits to bargaining unit members as are provided to all City employees. The cost for such insurance to bargaining unit members shall be the same as charged to all City employees. The City shall have no obligation to bargain over changes to insurance or the effects of such changes during the term of this agreement as long as the bargaining unit members are provided the same insurance benefits as all City employees. The Union shall have representation on the Employee Insurance Committee; however, the City shall have no obligation to maintain such a committee. 18.2 The City shall provide life insurance or death benefits for each bargaining unit member in accordance with Florida Statutes. 15 Article 19 Union Representatives and Business 19.1 The City shall recognize the Florida Police Benevolent Association as the official representatives of the Union and shall consider them the sole contact with Union members in regard to the terms and conditions of employment and contract matters, subject to bargaining. 19.2 The Union will be permitted to use the Police Department Facilities at no cost for meetings of the Florida Police Benevolent Association, as available, providing arrangements have been made in advance in accordance with normal scheduling procedures and such use does not interfere with the business and efficiency of the department. All members may attend union meetings during scheduled work hours with supervisory approval, provided that such attendance will not interfere with the business and efficiency of the department. 19.3 The City will allocate a reasonable portion (approximately 1 /3) ofthe squad room bulletin board solely for the purpose of posting notices and announcements pertaining to Union business. 19.4 The Union shall not post any material that is obscene, defamatory or that impairs the operation of the Department or the City. Any intentional violation of this provision by the Union may result in the privilege of such use of the bulletin board being withdrawn. 19.5 The Union shall be permitted to use the City's electronic mail system and telephone to transmit information related to the Florida Police Benevolent Association to bargaining unit members provided such communications do not unduly interfere with City work. Said electronic mail shall also be available for review by appropriate City officials. The Union and bargaining unit members shall not transmit any material which would violate the City's Computer Network Guidelines and Procedures. 19.6 The Union shall be granted up to one (1) hour during new police officer orientations to explain jointly with a management officer the provisions of this agreement and the functions of the Union. Article 20 Reduction in Work Force 20.1 Layoff - In the event of a layoff for any reason, regular full-time employees shall be laid off in inverse order of seniority. A. "Seniority" for purposes of this Article is defined as the length of uninterrupted time since the most recent hire by the City. B. Seniority is earned within the Department and also within the City. Departmental seniority will be given first consideration; if departmental seniority is equal (in terms of date), then City seniority will govern. C. Employees in temporary status will be laid off first, followed by employees in probationary status. No permanent employee shall be laid off while another person in the same class is retained on an emergency, temporary or probationary basis by the City. 16 20.2 Exceptions to Layoff - If the Police Chief should find that a specific employee should be retained despite a lower seniority because of special skills, abilities or training that are essential to the efficient operation of the department or the organizational unit, the Chief shall submit a written request to the City Manager that sets forth in detail the specific skills, abilities or training possessed by the member and the reasons the member is essential to the effective operation of the department. A copy of the request will also be delivered to the Florida Police Benevolent Association at the same time as submitted to the City Manager. Absent formal objection by the union through the grievance process and upon approval of the City Manager, the member may be retained. 20.3 Alternatives to Layoff - Any member scheduled to be laid off shall be offered an alternate position if qualified and if a suitable vacancy exists. A member may not "bump" another permanent employee from his/her position in order to avoid layoff. 20.4 Notice of Layoff - Prior to notification of those affected, the names of all bargaining unit members scheduled for layoff will be provided to the City Manager and to the Florida Police Benevolent Association. Such notice will include information of job class and seniority of those affected and will reference any request for out -of -seniority as provided in 21.2, above. Absent formal objection by the union through the grievance process and upon approval by the City Manager, layoff notices will be sent to the bargaining unit members affected. Bargaining unit members shall be notified in writing by the Police Chief of their layoff at least fourteen (14) calendar days prior to the effective date of the layoff. 20.5 Recall A. Members in layoff status shall retain recall rights for twelve (12) months from the date of layoff. The names and seniority dates of laid -off members shall be placed on a recall list and a copy of the list shall be provided to the union. B. Members shall be recalled in order of seniority as shown on the recall list determined at the date the initial layoff occurred. The member with the greatest seniority shown on the recall list shall be recalled first. If, after the City has provided notice of recall in accordance with this Article to each of the members on the recall list, vacancies exist because laid off members have refused recall or failed to respond to notice within the time allotted, the recall list shall be deemed exhausted, and the City shall fill vacancies through its ordinary hiring process. 20.6 Members will be provided notice of recall and must follow the procedures defined below in order to protect recall rights. A. Notice of recall shall be given to the member by first class mail sent to the most recent address contained in his/her personnel records. B. A member who receives a notice of recall and desires to return to work must respond to the City's Human Resources Department no later than fourteen (14) calendar days following his/her receipt of the recall notice. A laid off member who fails to notify the Human Resources Department in accordance with this section shall lose recall rights. C. A member must report fit for duty within fourteen (14) calendar days (or less if 17 approved by the Police Chief) following his/her notification to the Human Resources Department of his/her desired return to work. A laid off member who does not report fit for duty in accordance with this section shall loose recall rights. 20.7 Seniority does not accrue during layoff, nor does the member accrue time off or other benefit eligibility. Upon recall, a member's seniority shall be counted from the member's former hire date, less the period of layoff. 20.8 In the event of a layoff, special consideration will be given to individuals eligible for Veterans' preference in accordance with State law and City policy. Article 21 Dues Deduction 21.1 The City agrees that upon receipt of a voluntary individual notice for any bargaining unit member, the City shall deduct from his/her pay, dues commencing with the second pay period after receipt of such notice. Revocation shall be in writing and shall be effective commencing with the second pay period after receipt of such notice of revocation. 21.2 Dues shall be deducted each designated pay period, and those monies shall be remitted to the Florida Police Benevolent Association reasonably thereafter. 21.3 The Union will initially notify the City as to the amount of the dues to be deducted. Such notification shall be to the City in writing over the signature of the Florida Police Benevolent Association. 21.4 Changes in the amount of the union dues to be deducted will be certified to the City in the same manner and shall be done thirty (30) calendar days in advance of the effective date of such change. 21.5 The Union agrees to indemnify and hold harmless the City, its agents, employees and officials from and against any claims, demands, damages, or causes of action (including but not limited to claims based on clerical or accounting errors) of any nature whatsoever, asserted by any person, firm or entity, based on or relating to any payroll deduction required or undertaken under this article, and agrees to defend at its sole expense any such claims against the City or its agents, employees or officials. The term "officials" includes elected or appointed officials. Article 22 Grievance Procedure 22.1 The purpose of this Article is to establish processes for the fair, expeditious and orderly adjustment of grievances regarding contract and disciplinary disputes or disagreements between the City of Clermont, the Clermont Police Department and the Florida Police Benevolent Association and its members involving the interpretation or application of this Agreement. A grievance is a dispute, claim, or complaint filed by a Bargaining Unit employee or the Union arising under the Terms of this Agreement. Grievances are limited to discipline or matters of 18 interpretation or application of the provisions of this Agreement. Any grievance filed shall contain a complete statement of the grievance, reference to the provision, or provisions of the Agreement alleged to have been violated and state the remedy or correction requested. The City need not entertain or process under this Article, and may refuse to entertain, any disputes, claims, or complaints not meeting this definition. Business days shall be defined as Monday through Friday, excluding Saturdays, Sundays and holidays. Grievances may be submitted in -person, via electronic mail (e-mail) or by USPS certified or registered mail. 22.2 Any formal grievance filed shall be in writing and shall set forth the provision or provisions of this Agreement alleged to have been violated and the facts pertaining to the alleged violation(s) and the date of the violation(s). The grievance shall be signed by the grievant or the Florida Police Benevolent Association. Grievances submitted which do not contain the above information and/or are incomplete, shall be amended by the grievant within five (5) business days of the original filing to state the required information. The necessity of filing an amendment shall not affect the timeliness to the extent that the grievance is substantially complete. 22.3 Nothing in this section shall be construed to prevent a bargaining unit member from presenting, at any time, his own grievance without representation. 22.4 A bargaining unit member who wishes to submit a grievance must submit a grievance in writing within fifteen (15) business 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. 22.5 In advancing grievances, the grievant bargaining unit member(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 otherwise conflict with Department needs. 22.6 The formal grievance procedures are as follows: Step One • The bargaining unit member and/or union shall file the grievance, in writing, with the Police Chiefs office within fifteen (15) business days of the occurrence of the event giving rise to the grievance. • The Police Chief will conduct a meeting within fifteen (15) business days of receiving the grievance or any amendment, if applicable with the grievant and his requested representative, unless the Police Chief chooses to grant the requested relief without further proceedings. The grievant shall not be represented by an elected official of the City, the City Attorney or his staff. The Police Chief shall notify the grievant and the Union of his decision, in writing, within fifteen (15) business days after the meeting date. 19 Step Two • If the grievance is not resolved to the grievant's satisfaction as rendered by Step One, the bargaining unit member and/or the Union may forward the grievance, in writing, to the City Manager within fifteen (15) business days of receipt of the notification from the Police Chief. • The City Manager shall conduct a meeting within fifteen (15) business days with the grievant and his requested representative, unless the City Manager chooses to grant the requested relief without further proceedings. The grievant shall not be represented by an elected official of the City, the City Attorney or his staff. -The City Manager shall notify the grievant and the Union of his decision, in writing, within fifteen (15) business days after the meeting date. 22.7 Grievance discussions at Steps One and Two shall be conducted during the grievant' s normal duty hours. The aggrieved bargaining unit member shall suffer no loss of pay or benefits for time required for such meetings. 22.8 All class action grievances shall be filed at Step Two. 22.9 Grievance of a reprimand shall stop at the conclusion of Step One. 22.10 The aggrieved bargaining unit member and the Union shall be given at least five (5) business days' notice of the grievance meetings provided herein. 22.11 If any grievance is not satisfactorily resolved by the procedure outlined in the Article, the Union may proceed to arbitration according to Article 24. 22.12 Probationary bargaining unit members shall not have the right to grieve discharge. 22.13 It is agreed that a bargaining unit member may file a grievance/appeal, in accordance with the personnel rules, regulations, and/or ordinances of the City of Clermont. Bargaining unit members may only choose one grievance/appeal process. The decision to use any City Of Clermont grievance/appeal process is irrevocable and precludes the bargaining unit member from filing any grievance under the provisions of this Agreement. Article 23 Arbitration 23.1 If any grievance is not satisfactorily disposed of by the grievance procedure outlined in Article 23, the bargaining unit member or Union may give notice of intent to arbitrate by written notice, hand delivered or by certified mail, return receipt requested, postmarked or hand delivered within fifteen (15) business days after the receipt of the Step Two decision. Said written notice shall include a statement of facts upon which the case is submitted. 23.2 Within fifteen (15) business days of the receipt of such notice, a letter shall be directed by the Union to the Federal Mediation and Conciliation Service requesting a list of arbitrators with a Metropolitan designation. Within fifteen (15) business days of receipt of the list of 20 arbitrators, a Union Representative and a representative of the City shall meet to select an arbitrator. The Union and the City will alternately eliminate one name at a time from the list until only one name remains and that person shall be the arbitrator. The City and the Union shall alternate in the rights to first strike names in successive arbitrations. 23.3 As promptly as possible, the arbitrator shall conduct a hearing between the parties and consider the subject matter of the dispute. The decision of the arbitrator will be served upon the bargaining unit member, the City and the Union, in writing. A. Any party may be represented at the hearings by counsel or any other representative. B. The hearing shall be conducted by the Arbitrator in a manner that will most expeditiously permit full representation of the evidence and arguments of all parties. The parties shall make every effort to conclude the hearing within one (1) day. C. Each party shall bear the costs of preparing and presenting its own case. Each party desiring a record of the proceedings shall pay for any costs thereof. In the event both parties agree to have a record of any type made of the hearing, said parties may share equally the cost of any such service. 23.4 The power and authority of the Arbitrator shall be strictly limited to determination and interpretation of the discipline or the explicit terms of the Agreement as herein expressly set forth. He shall not have the authority to add or subtract from or modify any said terms of the Agreement; to limit or impair any right that is reserved to the City, the Union, or bargaining unit members; to establish or change any wage or rate of pay that has been agreed to in the Agreement. 23.5 No decision of any Arbitrator in one case shall create a basis for retroactive adjustment of any other case. 23.6 The Arbitrator may, under the powers granted by the terms of this Agreement, direct any remedy permitted by the Florida Arbitration Code. 23.7 The decision of the Arbitrator is final and binding on both parties and the grievance shall be considered permanently resolved. Review shall not be precluded pursuant to the Florida Arbitration Code. 23.8 The expenses of the Arbitrator shall be split equally by the parties. Each party shall make arrangements for and pay the witnesses that are called by it. 23.9 New Hire Probationary employees shall not be entitled to the arbitration process outlined in this Article. 21 Article 24 Employee Educational Assistance 24.1 The City will reimburse bargaining unit members for the cost of tuition, books and fees under the following conditions: A. The course must be applicable to the employee's field of work or of such nature and quality to directly contribute to the employee's value and potential growth in law enforcement. B. The course must be pre -approved by the Police Chief and the City Manager and is subject to budgetary constraints. C. Only specific courses for a specific semester will be approved. Blanket approval of courses will not be granted. D. The course must be a part of a degree seeking program and at a nationally or regionally accredited institution. E. Reimbursement shall be made upon completion of the approved course and submission of the course final grade. F. The bargaining unit member has executed a separate tuition reimbursement agreement with the City agreeing to the terms set forth in this article. 24.2 The City will reimburse bargaining unit members for the cost of tuition, books and fees based on state college/university rates up to a maximum of one thousand ($1,000) dollars per fiscal year in accordance with the following schedule: A. 100% for attaining a final grade of "A" 75% for attaining a final grade of "B" 50% for attaining a final grade of "C" B. If the course grading system is pass/fail, the City will pay 75% for a "pass" and 0% for a "fail". 24.3 Bargaining unit members who resign from the City before the completion of one (1) year of service from the date of their last course reimbursement must pay back to the City any money received during that one (1) year period. 22 Article 25 Physical Examinations Bargaining unit members are required to successfully complete a physical examination on an annual basis and are subject to a fitness for duty physical examination when necessary. 25.1 The annual physical examination will include, at a minimum the following: medical examination, height and weight, blood pressure, lab tests including urinalysis and metabolic blood panel, audio screening, vision test, EKG at rest or stress (upon recommendation by the physician) and a Tuberculosis test. In addition to the required tests, bargaining unit members may request to have a chest X-ray performed and interpreted in conjunction with the annual examination, provided appropriate justification is present. The cost of the annual physical examination by the City's designated physical examination provider will be paid by the City. 25.2 The Tuberculosis test results must be read within the time frame specified by the physician. If the test results are not read within the specified time frame, the bargaining unit member will be required to receive another Tuberculosis test at the bargaining unit member's cost. If the Tuberculosis test is not completed within 30 days of the physical examination, the bargaining unit member will be required to undergo another complete physical examination at the bargaining unit member's cost. 25.3 Scheduling of the annual physical examination will be at the discretion of the Department and during normal scheduled work hours, when possible. Time spent at examinations which the City requires to be taken outside regular work hours will be considered hours worked for purposes of calculating overtime. 25.4 The City may require a member to undergo a physical or mental examination, at the City's expense, whenever there is a reasonable belief, based on fact, that the member's fitness for duty is in question, and shall determine the nature and extent of such "fitness for duty" physical or mental examination. 25.5 The City shall not maintain, collect or otherwise store medical files on bargaining unit members unless allowed in accordance with law. The bargaining unit member may elect to voluntarily provide information to the City, if necessary. 25.6 All physical examinations will be conducted by a physician designated by the City. However, bargaining unit members may select their own physician to perform the same annual physical examination, including testing and lab work, with the approval of the City. If the bargaining unit member's personal physician performs the annual physical examination, the City will reimburse the bargaining unit member for the cost of the physical examination up to the amount charged by the City's designated physical examination provider. In addition, the personal physician will have to complete the standard physical examination results form and send to the City. 25.7 The standard for evaluating if an employee is medically qualified to perform their position is ultimately determined by the requirements of being a police officer. If the employee is not medically qualified, the employee will be required to comply with the provider's recommendations at his/her own expense until the employee is deemed to be medically qualified, unless the employee files a workers' compensation claim and is evaluated and treated under a 23 separate policy. Article 26 General Provisions 26.1 Bargaining unit members who are on duty shall be furnished with parking facilities at the Police Department to the extent available. Said parking facilities shall be furnished at no cost to the bargaining unit member. 26.2 Copies of regulations, procedures, special and general orders or written directives shall be furnished to the Florida Police Benevolent Association within fifteen (15) business days in advance of implementation in order to afford the Union the opportunity to consult with, or request to bargain over the change to be implemented. If the union objects to any change of the City policy that would result in a termination of employment and the union notifies the City of such objection, the City shall not implement any change until the union has had the opportunity to bargain and ratify the proposed changes. 26.3 Bargaining unit members shall be required to observe and comply with such additional or supplemental rules and regulations promulgated and published by the Police Chief or his designee only after receipt of actual notice of such rule modification. 26.4 Prior to the implementation of any new and/or revised regulations, procedures, departmental operating guidelines, written directives or personnel policies, the City shall provide the new or revised items to the Florida Police Benevolent Association for review and, if required, bargaining. 26.5 Any memorandum issued will be in effect until the next annual revision of the Department's Operating Guidelines, after which they must either be incorporated in the Department's Operating Guidelines or shall be null and void. No memorandum shall modify, change or otherwise alter any Article or provision of this Agreement. 26.6 All bargaining unit members are subject to drug/alcohol testing in accordance with the City's Drug Free Workplace Policy and Procedure. 26.7 Bargaining unit members may request an annual HIV test to be performed at a facility designated by the City. Results of such tests shall be kept confidential. 26.8 The probationary period for new bargaining unit members is one (1) year; however, the period may be extended by the Police Chief at his/her discretion for additional observation. Extensions shall be no more than three (3) months in duration with no more than two (2) extensions. If an extension is to be made, the member must be notified in writing, with fourteen (14) days advance notice, of the reason for the extension. The extension notice shall provide the reason for extension and include any deficiencies or issues. Additionally, the employee's supervisor shall meet with the employee a minimum of one time bi-weekly to address the listed deficiencies and provide a pathway to successfully complete probation. 26.9 A bargaining unit member may, subject to prior approval of the Police Chief, accept and be employed in an occupation off -duty, which is not in violation of Federal or State Laws 24 or rules and regulations of the Department, providing that such employment shall not interfere with or adversely affect the performance of assigned duties. A bargaining unit member may not, however, engage in off -duty employment which is contrary to his/her medical restrictions. 26.10 The City recognizes that pursuant to Florida Statutes, employees covered by this Agreement shall have the right, without interference, intimidation, coercion or retaliation to engage in concerted activities not prohibited by law, for the purpose of collective bargaining or other mutual aid or protection, or to refrain from engaging in such activities. 26.11 Any member who is eligible for full service retirement after having completed (20) twenty years of service or more as a law enforcement officer with the City of Clermont will be given his or her standard issue service weapon at no cost to the member. The service weapon shall be retired from duty use and become the personal property of the member. A member may be afforded this right as a condition of early retirement at the discretion of the Chief of Police provided the member is fully vested. Article 27 Locker Room Facilities 27.1 The City agrees to provide and maintain locker room facilities for bargaining unit members, as appropriate. 27.2 Said locker room facilities shall consist of, but not limited to, the following: lockers and showers. 27.3 An agent of the City shall have the right to inspect a bargaining unit member's locker space without permission of the bargaining unit member or proper authority of law. All reasonable attempts will be made to conduct the search in the presence of a bargaining unit representative. The City shall be financially responsible for reimbursing a bargaining unit member for loss or destruction of property by an Agent or employee of the City during said inspection, excluding the locking device if the bargaining unit member was given the opportunity to open said locker. Article 28 Voting 28.1 During a primary, special or general election, a bargaining unit member who is registered to vote, who did not have the opportunity to vote during early voting, and whose hours do not allow sufficient off -duty time for voting, shall be allowed to use their annual leave or compensatory leave 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. 25 Article 29 Wages 29.1 For Fiscal Year 2024-2025, all bargaining unit members shall receive a market pay adjustment in accordance with Appendix A, attached to this Agreement. All bargaining unit members shall be adjusted according to their completed years of service in their rank as of April 111, 2025. Market pay adjustments shall be effective in the first full pay period in April 2025. For Fiscal Years 2025-2026 and 2026-2027, all bargaining unit members shall receive a four percent (4%) pay adjustment. Pay adjustments shall be effective in the first full pay period in January 2026 and January 2027. The pay minimum and maximum listed in Appendix A shall increase by three percent (3%) each January during the term of this Agreement. The total increase for each bargaining unit member in Fiscal Years 2025-2026 and 2026-2027 shall be limited to a maximum of four percent (4%). 29.2 All bargaining unit members hired by the City shall be paid the minimum hourly rate for that classification. However, any bargaining unit member with prior sworn law enforcement service shall be increased two (2) percent for every three (3) years of prior service up to a maximum of four percent (4%) at the date of hire. To qualify for this increase, the bargaining unit member must have worked as a full-time sworn law enforcement officer in the United States within (1) year of employment with the City of Clermont. 29.3 All bargaining unit members not in a Sergeant classification and who have successfully completed the required Field Training Officer training shall be compensated an additional $2.00 for all hours worked as a field training officer. 29.4 All bargaining unit members who are required by management to work in a higher classification due to a supervisor's absence shall be compensated an additional 5% for all hours worked in the higher classification. 29.5 Pay adjustments shall be calculated on the bargaining unit member's base pay. 29.6 Bargaining unit members that are assigned to the Criminal Investigations Division, shall be compensated 5%. The additional compensation shall only be paid to the bargaining unit member while he/she is assigned to the Criminal Investigations Division. If the bargaining unit member is reassigned for any reason out of the Criminal Investigations Division, he/she shall immediately forfeit earning the additional 5%. 26 Article 30 Holidays 30.1 The following days shall be observed as official holidays for bargaining unit members: First Day of January (New Year's Day) Third Monday of January (Martin Luther King Day) Last Monday in May (Memorial Day) The Fourth of July First Monday in September (Labor Day) November 11 1h (Veterans' Day) Fourth Thursday in November (Thanksgiving) Fourth Friday in November December 24t' (Christmas Eve) December 251(Christmas Day) 30.2 Twelve (12) hour bargaining unit members shall observe the holiday on the actual holiday. When an official holiday falls on a Saturday, all other bargaining unit members shall observe the holiday on the Friday immediately preceding the holiday. When an official holiday falls on a Sunday, all other bargaining unit members shall observe the holiday on the first Monday after the holiday. 30.3 Holiday pay shall be paid in the following manner: A. All employees who meet the holiday pay eligibility requirements outlined in this section shall be paid holiday pay equivalent to eight (8) hours at the employee's regular rate of pay. In the event that the observed holiday falls on a day that the employee is regularly scheduled to work a shift of more than eight (8) hours and does not work due to the observance of the holiday, the employee shall receive the remainder of the hours as holiday pay. B. All bargaining unit members who are required to work on an official holiday and do not qualify for the overtime premium as noted in Article 8 of this Agreement shall be paid for all hours worked on the holiday at the rate of one and one-half (1.50) times the bargaining unit member's regular rate of pay. In addition, the bargaining unit member must meet the Holiday Pay eligibility requirements outlined in Article 30.3.0 of this Agreement. C. To be eligible for Holiday Pay, a bargaining unit member must meet the following requirements: Must be a full-time employee 2. Must work on the scheduled days prior to and after the holiday, as well as the day of the holiday if scheduled, or the bargaining member must be in an approved pay status on the day prior to and the day after the holiday, if scheduled. Pay status shall include members on paid annual, sick, or comp time as well as leave due to workers' compensation and/or personal days. 27 D. A bargaining unit member who reports in on the scheduled work date prior to the holiday and was unable to complete his shift due to illness, injury or emergency, shall be considered to have worked that day. The same shall apply to the first scheduled day after the holiday. Article 31 Promotions 31.1 Promotions shall be conducted as provided in the City's Employment Policies Manual and department's Standard Operating Procedures. 31.2 Bargaining unit members promoted to Sergeant shall receive a pay increase to either the pay scale minimum noted in Article 29.1 of this agreement or equivalent to five (5) percent, whichever is greater. 31.3 If the promoted bargaining unit member does not successfully complete the probationary period, the member shall be returned to the rank from which he/she was promoted. The member's rate of pay will be adjusted to that rate of pay prior to the promotion. Article 32 Damage or Loss to Personal Property 32.1 The City shall reimburse a bargaining unit member for loss or damage to personal property specifically noted in this article in the performance of his duty, subject to the procedures and restrictions set forth in the following paragraphs. No reimbursement shall be made if loss or damage results from carelessness, negligence or misuse on the part of the bargaining unit member. A. Lost or damaged corrective eyewear shall be reimbursed 100% of the cost of repair or replacement per bargaining unit member per incident. The maximum amount of reimbursement for the cost of repair or replacement of sunglasses, watches, wedding rings or medical identification bracelets shall be $200 per bargaining unit member per incident. Other damaged items may be considered for reimbursement upon evaluation and approval of the Police Chief. B. Report of the loss of or damage to personal property must be made within the shift in which the loss or damage occurs or within a maximum of 3 calendar days if mitigating circumstances such as an injury prevent the bargaining unit member from reporting at the time of loss. Such report must include an explanation of how, when, and under what circumstances the loss occurred, and provide the brand name, original cost, and age of the item for which reimbursement is requested. The bargaining unit member's supervisor is responsible for investigating and making a recommendation to the Police Chief concerning the claim. C. To receive reimbursement, the bargaining unit members must provide a receipt for the replacement article and, if possible, the remains of the broken item. 28 Article 33 Pensions 33.1 The City agrees to continue providing pension benefits to bargaining unit members in accordance with the City of Clermont Police Officers Pension Plan in effect as approved by pension board and city council. 33.2 The Union agrees to allow the City to use 100% of all future Chapter 185 annual distributions up to the amount received in the 2012 calendar year ($211,000) and 50% of any future annual amounts in excess of the 2012 calendar year distribution to fund the normal cost of the pension plan. The remaining 50% of any future annual amounts in excess of the 2012 calendar year distribution shall be credited to participant share accounts, with each participant's account receiving an equal share of the total amount allocated. 33.3 For Calendar Year 2026 and 2027 only, the City shall retain the entire Chapter 185 annual distribution. For Calendar Year 2025, the City shall retain 75% of the annual amount in excess of the 2012 calendar year distribution to fund the normal cost of the pension plan. 33.4 Bargaining unit members shall continue to contribute five percent (5%) of their salary toward the normal pension cost of the Plan. Article 34 Performance Evaluations 34.1 Newly hired bargaining unit members not in a Sergeant classification shall receive six (6), nine (9) and twelve (12) month performance evaluations based on their City employment anniversary date and then every April thereafter. 34.2 Bargaining unit members who have been transferred to another position covered by this agreement shall continue to receive performance evaluations based on the evaluation date in effect immediately prior to the transfer. 34.3 Bargaining unit members promoted to the Sergeant classification shall receive six (6) and twelve (12) month performance evaluations based on their date of promotion to Sergeant. In addition, promoted bargaining unit members will receive a twelve (12) month performance evaluation based on their City employment anniversary date and then April thereafter. Article 35 Uniforms and Equipment 35.1 The City will provide uniforms to all bargaining unit members who are required to wear such uniforms in the performance of their duties at no cost to the member. However, the bargaining unit member shall be responsible for any applicable clothing fringe benefit federal income taxes. The Police Chief shall determine the style of uniform worn by the members. 29 35.2 Any uniforms provided by the City which are damaged or destroyed while a member is acting in the performance of their duties, shall be replaced by the City within a reasonable period of time at no cost to the member. 35.3 Non -uniformed or plain clothes members shall receive an annual clothing allowance of $500.00 payable in the second pay period in October of each year. Members permanently transferred from the uniform division to a unit where plain clothes are required dress shall receive a fiscal year prorated clothing allowance upon start of work in that unit. Temporary reassignment to a position not requiring plain clothes will not preclude the clothing allowance. The clothing allowance shall not be required to be paid back by any member should their position change for any reason. 35.4 The City shall provide shoes to all bargaining unit members on an annual basis, at no cost to the bargaining unit member. The Police Chief shall establish the type/style and maximum cost of shoe to be paid for by the City. 35.5 The City shall provide all equipment necessary to safely and effectively perform the duties and responsibilities of a sworn Police Officer at no cost to the member. The Police Chief shall determine what equipment is necessary. 35.6 When it is determined that a bargaining unit member is at fault for loss or damage to City issued equipment through a careless or intentional act, in addition to any other applicable disciplinary actions an assessment may be made in accordance with the following schedule: A. If the loss/damage is the first occurrence within a two-year period, the percentage assessed shall be 50% of the cost of repair or replacement, not to exceed two -hundred fifty dollars ($250.00). B. If the loss/damage is the second or subsequent occurrence within a two year period, the percentage assessed shall be 100% of the cost of repair or replacement, not to exceed the city's insurance deductible or $500 whichever is less. Due to extenuating circumstances at the time of loss or damage, the member's supervisor may recommend to the Police Chief that the assessment be waived. 35.7 Upon termination of employment or transfer from the department, the bargaining unit member shall return all uniforms and equipment issued to him/her in like condition as when issued, with the exception of reasonable wear and tear. Article 36 Modified Duty Assignment 36.1 If a bargaining unit member is temporarily unable to perform the essential functions of his/her job due to a non -work -related injury/illness, a written request for a modified duty assignment may be submitted. There shall be no modified duty status allowed a member unless, at the Police Chief s sole discretion and in collaboration with Human Resources and the City Manager, it is determined that a necessary modified duty work opportunity exists within the Police Department. In the event there is no modified duty work available in the Police Department; the City Manager may approve 30 modified duty status for work in other departments of the City. 36.2 If such an opportunity is available, the Police Chief shall inform the bargaining unit member in writing of any modified duty assignment(s) and the physical capabilities required for their performance. 36.3 Upon the request of the Police Chief, the bargaining unit member shall present this modified assignment information to the treating physician and obtain, at his/her expense, a written evaluation of the bargaining unit member's capacity to perform the essential functions of the assignment. The medical evaluation must be in sufficient detail to satisfy the Chief. The Chief reserves the right to request a second opinion from a City -selected physician at the City's expense if any doubt exists concerning the member's current ability to perform the modified duties. 36.4 Any modified duty assignment shall be administered by the City in accordance with applicable law, including but not limited to the Americans with Disabilities Act. Modified duty may be ended at the will of the City at any time in accordance with applicable law and shall not be subject to the grievance/arbitration provisions of this Agreement. 36.5 A bargaining unit member performing a modified duty assignment will be paid only for time actually worked and at his/her regular straight time rate of pay. No additional or overtime hours may be worked when a member is performing a modified duty assignment. He/she may utilize accumulated and available sick, vacation, or personal time to make up a loss in pay if the modified assignment does not require at least 80 hours in a biweekly pay period. 36.6 In the event a bargaining unit member suffers an on-the-job illness or injury that is compensable under Workers' Compensation, he/she shall be given preference for a light duty assignment over a member suffering a non -work -related condition if there are insufficient necessary light duty work opportunities available. The process for obtaining and granting such an assignment shall be the same as noted above in Sections 36.1 - 36.4. Article 37 Health and Safety 37.1 It is understood that smoking and other forms of tobacco use or vaping of any product is a known hazard to the health of employees, including members of the bargaining unit. In an effort to improve the health of bargaining unit members and to decrease the costs associated with treating tobacco related illnesses, bargaining unit members are required to adhere to the City's Smoking and Tobacco Use Policy in effect at the time unless otherwise stipulated in this Agreement. 37.2 All bargaining unit members shall be required to participate and complete an annual physical abilities test (PAT) as part of the physical requirements of the police officer duties. Time spent participating in the PAT will be considered time worked for purposes of overtime calculation in the work period in which the PAT was conducted. The annual PAT shall be conducted in accordance with departmental operating guidelines agreed upon by the Union and the City. Bargaining unit members shall be required to achieve a "passing" score or rating. The passing score for completion of the PAT is as follows: 31 Age Passing Score 19 — 30 9:00 31 — 40 9:30 41 — 50 10:00 51 + 10:30 Bargaining unit members who do not achieve a "passing" score or rating on the PAT shall immediately be placed on modified duty status, if available, and given up to thirty (30) days to achieve the passing score based on the chart above. A member shall be returned to normal duties at any time during the thirty (30) day period if they complete the PAT in the required time. If at the conclusion of the thirty (30) days the member is unable to achieve the passing score or rating, the member will be placed on Administrative Leave without pay for another thirty (30) days. During this time, the member may use their accrued annual and/or compensatory leave. If at the conclusion of this, a member is unable to achieve a passing score or rating, the member will be subject to a non - disciplinary review which may include separation. 37.3 Bargaining unit members that complete the physical abilities evaluation on their first try within the predetermined time limit as designated by the Police Chief (in conjunction with the City Manager and Human Resources Director), shall receive one (1) Personal Day to be used within the current calendar year. The Personal Day cannot be carried forward to the next calendar year, must be taken in one day (no hourly increments), and shall be the equivalent to the number of hours worked by the employee in a normal shift. Article 38 Indemnification 38.1 When the City may legally do so, the City shall furnish to bargaining unit members legal counsel and defense in accordance with F.S.S. 768.28(5) and (9). To the extent permitted by law, no bargaining unit member shall be held personally liable in tort for any injuries or damages suffered as the result of any act, event or omission of action in the scope of his/her employment or function, unless such employee acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, public safety or property. Article 39 Severability Clause 39.1 If any article or section of this Agreement should be held invalid by operations of law or by any tribunal of competent jurisdiction, or, if compliance with or enforcement of any article or section should be restrained by such tribunal, the remainder of this agreement shall not be affected thereby. 39.2 The parties shall enter into collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such article or section. 32 Article 40 Publication of the Agreement 40.1 The Union shall be responsible for printing and distributing the necessary number of copies of this Agreement to the bargaining unit members. 40.2 The Union and the City agree to execute duplicate originals of this Agreement. Article 41 Complete Agreement 41.1 This Agreement constitutes the entire Agreement and understanding between the parties and, subject to applicable law, shall not be modified, altered, changed or amended in any respect except on mutual agreement set forth in writing and signed by authorized representatives of both parties, and supersedes any and all previous agreements and understandings between the parties, either written or orally. Article 42 Duration 42.1 This Agreement shall be in full force and effect upon ratification by the bargaining unit members and approval by the City Council. Such ratification and approval shall be made immediately following finalization of this Agreement. 42.2 This Agreement shall continue in full force and effect until midnight of September 30, 2027. 42.3 The parties recognize that during the term of this Agreement situations may arise which require that terms and conditions not specifically and clearly set forth in the Agreement must be clarified or amended. Under such circumstances, the Association is specifically authorized by bargaining unit members to enter into the settlement of grievance disputes or memorandum of understanding that clarifies or amends this Agreement, without having to be ratified by bargaining unit members. 42.4 Upon expiration of this Agreement, the terms and conditions of employment of the bargaining unit members shall be governed by the status quo doctrine except that the pay increases outlined in Article 29 shall not be effective after the expiration of this Agreement. Pay increases after the expiration of this Agreement will be subject to negotiations. 42.5 Unless specifically stated herein, all changes shall be effective the beginning of the first pay period after contract approval. 33 IN WITNESS HEREOF, the parties have signed this AGREEMENT to be effective this of , 2025. FOR THE CITY -41 uaK. cp/,O 77 Rick Van Wagner / Interim City Manager Nadine hlinger Human Resources Director John Graczyk Deputy Chief Date z.. � l � � Date r0Z90 A:f /Z/ ?OZ�T- Date APPROVED FOR THE FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. George J. Corwi Chief Negotiator Florida Police Benevolent Association Ethan Bell Clermont PD Sergeants' Representative -aw X� Date Date day 34 THIS AGREEMENT APPROVED UPON ADOPTION BY THE CITY COUNCIL OF THE CITY OF CLERMONT ON THE 8TH DAY OF APRIL, 2025. ATTEST: TRACY A &ROYD HOWE, MMC CITY CLERK 35 11argatininto Unit Member Markel 1(tjlist ment for N 1 2024-24125 Completed Vears in Rank Position Base I fears 2 Years 3 l errs 4 l ears 5 Years 6 l ears__� 7 l ears 8 Years 9 Years Officer $ 63.500 $ 64,770 $ 66.065 $ 67,387 $ 69.408 $ 71,491 $ 73,993 $ 76.582 $ 79,263 $ 82,037 Position 10 Years Officer $ 86.139 Position Base Sala r-, 1 Years 2 Years 3 Years 4 Years S Years 6 fears 1 7 Years 8 Years 9 Years se -meant t 84 000 $ 86,520 j S 89.116 1 S 91,7891 S 94.543 1 S 97,3791 S 100,300 1 $ 101309 S 106.409 $ 109 601 a b a