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2008-27Collective Bargaining Agreement Between the International Union of Police Associations, AFL-C1~- Clermont Police Sergeant's Local 6014 And the City of Clermont, Florida Retroactive May 1, 2006 through September 30, 2010 (Approved May 13, 2008) sn„os Table of Contents Article Description - Page No. -- Preamble ................................................................................ 1 Article 1 Recognition ............................................................................ 2 Article 2 Prevailing and Management Rights ....................................... 3 Article 3 Indemnification ...................................................................... 5 Article 4 Non-Discrimination ............................................................... 6 Article 5 Administrative Investigations ................................................ 7 Article 6 Professional Standards and Disciplinary Action .................... 9 Article 7 Personnel Records .................................................................. 12 Article 8 Work Period and Work Shift ................................................. 13 Article 9 Overtime, Overtime Pay and Compensatory Time ................ 14 Article 10 Extra Duty .............................................................................. 16 Article 11 Annual Leave ......................................................................... 17 Article 12 Sick Leave .............................................................................. 18 Article 13 Bereavement Leave ................................................................ 19 Article 14 Leave of Absence Without Pay .............................................. 20 Article 15 Military Leave and Military Duty .......................................... 21 Article 16 Workers Compensation, On the Job Injury and Disability .... 22 Article 17 Vehicles .................................................................................. 23 Article 18 Personal Day .......................................................................... 25 Article 19 Insurance ................................................................................ 26 Article 20 Union Representatives and Business .................................... 27 Article 21 Reduction in Work Force ....................................................... 28 Article 22 Dues Deduction ..................................................................... 30 Article 23 Grievance Procedure .............................................................. 31 Article 24 Arbitration ............................................................................. 33 Article 25 Employee Educational Assistance ......................................... 35 5/13/08 Table of Contents Article Description Page No. Article 26 Physical Examinations ........................................................... 36 Article 27 General Provisions ................................................................. 38 Article 28 Severability Clause ................................................................ 39 Article 29 Locker Room Facilities .......................................................... 40 Article 30 Voting ................................................................................... 41 Article 31 Wages ..................................................................................... 42 Article 32 Holidays ................................................................................. 44 Article 33 Publication of the Agreement ............................................... 46 Article 34 Promotions ............................................................................ 47 Article 35 Duration ................................................................................. 48 Article 36 Damage or Loss to Personal Property .................................... 49 Article 37 Pensions ................................................................................ 50 Article 38 Performance Evaluations ...................................................... 51 Article 39 Uniforms and Equipment ....................................................... 52 Signature Page ...................................................................... 54 5/13,108 Preamble This agreement is entered into by and between the City of Clermont hereafter referred to as the "City" or "employer" and the International Union of Police Associations, AFL- CIO Clermont Police Sergeants Local 6014, hereafter referred to as the "Union." The general purpose of this Agreement is to establish wages, hours and terms and conditions of employment for bargaining unit members and to provide an orderly procedure for the resolution of grievances. In this Agreement, the terms "Clermont," and "the City," refer to the employer, the City of Clermont and its Police Department. The terms "bargaining unit member," "member," or "employee," refers to the sworn police officers employed by the City of Clermont in the classification of Sergeant. Uses of gender references, "he" and "she" are considered interchangeable. 5; ] 3/08 Article 1 Recognition The City hereby recognizes the International Union of Police Associations, AFL-CIO Clermont Police Sergeants Loca16014 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). 2 5/13/08 Article 2 Prevailing and Management Rights 2.1 The Union recognizes the prerogative of the City, except as expressly abridged by any provision of this Agreement, to exercise exclusively all of the normal and inherent rights of management with respect to the Police Department, including but not limited to, the right to determine the purpose of its constituent divisions, to set standards of service, and to exercise control and discretion over its organization and operations to ensure efficiency. It is also the right of the City to direct its sworn police employees, to take disciplinary action for proper cause, and to relieve its sworn police employees from duty, provided in so doing the provisions of this agreement are not violated. 2.2 The City reserves the right: A. To select and direct the work force in accordance with requirements determined by management. B. To establish and change individual work schedules and assignments. C. To assign and distribute available overtime work and to change work schedules in order to minimize overtime work. D. To make and enforce work performance standards. E. To make and change reasonable rules and regulations and to determine disciplinary action for the failure to obey such rules and regulations. F. To determine job descriptions. G. To make and enforce safety rules. H. To transfer and promote members. I. To determine the size and composition of the work force. J. To lay off bargaining unit members for lack of work or other legitimate reasons. K. To transfer, subcontract, and eliminate work. L. To regulate, control, change, or eliminate existing work procedures or equipment utilized for duty purposes. M. To suspend, discharge, demote, or otherwise discipline bargaining unit members for proper cause and in accordance with contract provisions. 3 snsios N. To suspend provisions of this agreement during a time of declared emergency conditions, including but not limited to riots, civil disorders, hurricane or weather conditions, with the exception of the wage, benefit and damage or loss to personal property provisions. 2.3 The exercise of management rights shall not preclude bargaining unit members or their representatives from raising grievances should decisions on the above matters have the practical consequences of violating the terms and conditions of this collective bargaining agreement. The City recognizes its obligation to bargain over all wages, hours, or other terms of employment currently enjoyed by all bargaining unit members. 2.4 To the extent that exercise of the management rights described herein, modify or impact wages, hours or other terms and conditions of employment, the City agrees not to exercise such right without first affording the Union an opportunity to review and negotiate over the matter or to negotiate over the impact thereof. 4 5/13/08 Article 3 Indemnification 3.1 When the City may legally do so, the City shall furnish to bargaining unit members legal counsel and defense in accordance with F.S.S. 768.28(5) and (9). To the extent permitted by law, no bargaining unit member shall be held personally liable in tort for any injuries or damages suffered as the result of any act, event or omission of action in the scope of his/her employment or function, unless such employee acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, public safety or property. 5 5/13/08 Article 4 Non-Discrimination 4.1 There shall be no discrimination against any employee covered by this Agreement because of race, religious creed, color, national origin, sex/gender, age, disability, marital status, political affiliation or sexual orientation as prohibited by State or Federal law. 4.2 There shall be no discrimination against any employee covered by this Agreement because of membership, non-membership or office held in the Union. 4.3 The City 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. 4.4 The City and the union oppose discrimination on the basis of age, race, religious creed, color, national origin, sex/gender, disability, marital status, veteran's status or political affiliation. However, the parties also recognize that the City has established an internal procedure to investigate and resolve alleged cases of discrimination that is in addition to existing and adequate procedures established by the State of Florida and the Federal Government. Accordingly, it is agreed that allegations of employment discrimination as described above cannot be processed through the contractual grievance/arbitration procedure. 6 5/13,/08 Article 5 Administrative Investigations 5.1 Administrative investigations of bargaining unit members ("Law Enforcement Officers") will be conducted in accordance with Florida Statute 112.532, ET. seq., known as the Police Officers' Bill of Rights. Bargaining unit members will be required to read and sign their Law Enforcement Officers' Rights form and their Garrity Warning form prior to a formal investigative interview. 5.2 The parties have incorporated by reference the statutory bill of rights in this Agreement to enable them to elect to invoke the grievance-arbitration procedure to remedy any alleged denial of rights, and not to effect any change in substantive rights under the statute as repeated herein. An employee may pursue enforcement of these rights through arbitration or in the courts, but if the bargaining unit member chooses to enforce these rights in court, the City is not obligated to arbitrate over these same issues. Should the referenced Statute be amended by legislature or court action during the course of this Agreement, the amendments will be incorporated and applied without further negotiation by the parties to this Agreement. 5.3 No bargaining unit member shall be disciplined in any manner or otherwise discriminated against in regard to his or her employment or appointment, or be threatened with any such treatment, by reason of his or her exercise of the rights granted by the Police Officers' Bill of Rights. 5.4 If a bargaining unit member is the subject of an administrative investigation, she/he at the discretion of the Chief of Police may be allowed to continue performing her/his regular duties or be reassigned to reasonable alternative departmental duty or placed on administrative leave with no loss of pay or benefits until such time as the investigation is completed and disciplinary action, if any, has been determined. 5.5 The investigation findings under this Article will be classified as follows: A. Sustained -The allegations are supported by sufficient proof. B. Not Sustained -The evidence is not sufficient to prove or disprove the allegation. C. Unfounded -The allegation is false or otherwise not based on valid facts. D. Exonerated -The incident or act occurred but was lawful. 5.6 If the findings of the investigation are classified as Sustained and discipline is to be provided, a complete copy of the investigative report and supporting documentation will be provided to the bargaining unit member. The report '] 5;13%08 summary and discipline will be placed in the personnel file when the final determination has been made by the Chief of Police as to the form of discipline. 5.7 If the findings of the investigation are classified as anything other than Sustained, no information pertaining to the investigation shall be placed in the bargaining unit member's personnel file. However, the investigative report and supporting documentation will be placed in the Police Department's Administrative Investigation file. g S/13/OS Article 6 Professional Standards and Disciplinary Action 6.1 It is a statutory right of the City to establish rules and standards of performance and to discipline employees in accordance with those standards. When discipline is applied, the City shall, when possible, use a system of "progressive discipline" that uses the least possible form of corrective action necessary to obtain its intended purpose, which is to correct inappropriate conduct. However, there are situations where conduct is such that more severe discipline may be warranted without progressive applications. 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 Chief of Police. B. Prior to any disciplinary action being taken, management will investigate as appropriate to determine the applicable facts and evidence which would support or not support the disciplinary action. If the investigation is reasonably expected to result in disciplinary action, such investigation will be conducted in accordance with Article 5 of this Agreement. 6.2 Counseling: Supervisors are responsible for counseling employees when necessary to improve performance. Counseling is not considered discipline and is not subject to the grievance process. Supervisors may retain supervisory notes on counseling, but counseling records will not be placed in the employee's personnel record. Counseling records are considered public records and shall be maintained in the Police Department. 6.3 Discipline is an action initiated and administered when positive corrective measures designed to train or effect behavior change are unsuccessful in attaining satisfactory employee performance; or action initiated and administered by supervisors when an employee commits a pronounced deviation regarding a rule, order, directive or procedure. Discipline may take the form of: A. Reprimand: Recorded admonishment of a deficiency or poor performance. B. Suspension: An unpaid period of time of not less than one day and not more than one pay period. However, if the bargaining unit member has been suspended as the result of an administrative investigation into pending criminal charges, the bargaining unit member may be suspended until a final court disposition is rendered. C. Demotion: Reclassification from one position to another one of lower pay. g s~is~os D. Termination: A complete and irrevocable severing of the employment relationship. 6.4 If a bargaining unit member who is suspended pending final court disposition of criminal charges, is convicted or pleads guilty or polo contendere to any criminal charge that disqualifies him/her from service as a police officer under Florida Statutes, s/he shall be terminated and shall not be entitled to any back pay or benefits. 6.5 If a bargaining unit member who is suspended pending final court disposition of criminal charges is convicted, pleads guilty or polo 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. 6.6 If a bargaining unit member, who is suspended pending final court disposition of criminal charges, has been acquitted of all charges or has all charges dropped, he/she will be restored to full duty with all back pay and benefits, except for such discipline imposed against the employee in accordance with this Article. 6.7 A bargaining unit member who is suspended without pay under this Article, may, at his/her choice, use accrued vacation or compensatory leave during the suspension. 6.8 All disciplinary action taken toward non-probationary bargaining unit members is subject to grievance. 6.9 Bargaining unit members shall be required to observe and comply with written regulations governing their employment as set forth in Departmental procedures and such special and general orders and written communications issued by the Department or the City, including the City's Employee Handbook, to the extent that such rules or directives are not in conflict with this Agreement. 6.10 No disciplinary action will be taken for violation of a rule or regulation until at least forty-eight (48) hours after posting or distribution. 6.11 Documentation by supervisors of incidents, acts, or behavior potentially leading to disciplinary action is essential. Record keeping must identify dates, times and circumstances. The affected bargaining unit member shall be notified within a reasonable time when such data is being created and retained. 6.12 If disciplinary action is proposed that includes termination, demotion, transfer, reassignment, or other personnel action which might result in loss of pay or benefits or which might otherwise be considered a punitive measure, the bargaining unit member will be notified in writing of the proposal and the reason or reasons five (5) days prior to the effective date of such action. 10 5/13,/08 6.13 If disciplinary action is proposed that includes termination, demotion, or suspension without pay, the bargaining unit member will be provided a complete copy of the investigative report and supporting documents and an opportunity to address the report findings with the Chief of Police in apre-disciplinary hearing prior to the effective date of such action. The bargaining unit member will be given notice of the pre-disciplinary hearing five (5) days prior to the hearing. 6.14 Within 10 days of the conclusion of the pre-disciplinary hearing, the Chief of Police shall notify the bargaining unit member of his/her decision in respect to the form of discipline, if any. 11 s; isios Article 7 Personnel Records 7.1 The bargaining unit member's official personnel files are to be maintained in the City's Human Resources Department. The Police Department may maintain copies of personnel file information in departmental files for routine operational information. 7.2 With the exception of those exemptions noted in Florida Statutes, information in the bargaining unit members' personnel files are public records and available for inspection. The release and disclosure of any information in these files will be under the authority of the City Clerk. 7.3 Bargaining unit members shall have the right to inspect and make copies of his/her personnel files at no charge. The records shall be made available during regular business hours. 7.4 Bargaining unit members shall be notified when any personnel file information has been released in accordance with the public records laws. Documentation noting the date and identity, if known of the individual/organization requesting the personnel file information shall be placed in the personnel file. 7.5 Any information placed in a bargaining unit member's personnel file pertaining to an administrative investigation and subsequent discipline shall be removed and placed in the Police Department's Administrative Investigation file if, the bargaining unit member has appealed the discipline and the discipline has been reversed completely. Information will not be removed if the discipline has been modified. 7.6 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. 12 sn s~os Article 8 Work Period and Work Shift 8.1 Bargaining unit members assigned to road patrol shall work twelve (12) hour shifts from 6:00 a.m. to 6:00 p.m. or 6:00 p.m. to 6:00 a.m. The normal work period shall consist of two (2) days on, two (2) days off, three (3) days on, two (2) days off, two (2) days on, and three (3) days off. Bargaining unit members assigned to road patrol shall be scheduled for a weekend off every other weekend, a weekend being defined as Friday, Saturday and Sunday, unless there is a declared emergency. 8.2 Bargaining unit members assigned to any unit other than road patrol shall work eight (8) hour shifts with starting and ending times to be determined by the Chief of Police. The normal work period shall consist of five (5) days on and two (2) days off. 8.3 As noted in Article 2.2.B. of this Agreement, the City has the right to change individual work schedules (starting and ending times and days on/off) as needed. The City will give as much advance notice as possible when adjustments are made. 8.4 Each bargaining unit member shall be entitled to a paid meal period of thirty (30) minutes during his regular work shift. Each bargaining unit member shall be allowed a fifteen (15) minute rest period during the first half of the shift work and a fifteen (15) minute rest period during the second half of the shift work. 8.5 No bargaining unit member shall be required to work a split shift. Whenever a shift rotation occurs or a bargaining unit member rotates to a new shift, the bargaining unit member(s) shall be entitled to at least the number of hours equal to one scheduled shift of off-duty time prior to returning to work. 8.6 Bargaining unit members 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. 8.7 The bargaining unit members assigned to shifts shall have the opportunity to pick their desired shift by seniority. 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. 13 5; ] 3/08 Article 9 Overtime, Overtime Pay and Compensatory Time 9.1 Overtime is defined as time worked in excess of eighty-four (84) hours per pay period for twelve (12) hour shift employees and in excess of forty (40) hours per workweek for eight (8) hour shift employees. For the purposes of computing overtime, compensatory leave, sick leave, bereavement leave, annual leave, holiday leave, military leave, jury duty and any other absence from work while on paid status will not be considered time worked. 9.2 Overtime must be assigned or authorized by management; an employee is not entitled to assign or approve overtime to him/herself. Overtime shall be scheduled in accordance with the procedures herein, except in instances of declared emergency. 9.3 Except in instances of emergency, overtime opportunities will first be offered to eligible employees in the same job class, in order of seniority. Should the most senior employee decline the opportunity, it will be offered to the next senior until the opportunity is accepted. If no eligible employee voluntarily accepts the overtime opportunity, it will be assigned to and required of the eligible employee with the least seniority. 9.4 Accepting the overtime opportunity or declining the opportunity will be considered the same in regard to eligibility for subsequent opportunities. 9.5 On subsequent opportunities for overtime, the procedure described above shall begin with the bargaining unit member having the greatest seniority after the bargaining unit member who accepted or declined the previous opportunity. 9.6 Overtime worked shall be compensated at one and one-half (1.5) times the bargaining unit member's regular rate of pay as defined in the Fair Labor Standards Act. 9.7 In lieu of receiving cash for overtime worked in excess of eighty-four (84) hours per pay period or forty (40) hours per workweek, as applicable, employees may request compensatory time. A. Equivalent compensatory time for each overtime hour worked based on Article 9.6 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 Human Resources Department. B. The maximum accrual of compensatory time is forty-two (42) hours for twelve (12) hour shift employees and forty (40) hours for eight (8) hour shift employees. When an employee has reached his/her maximum accrual, the 14 snsioa 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. 15 5/13,08 Article 10 Extra-Duty 10.1 Call out time is defined as any time a bargaining unit member is called into work when she/he is off duty. Call out hours shall be paid for actual time worked with a minimum of two (2) hours. In the event of multiple call-outs, the two (2) hour requirement shall not apply to those call-outs incurred within two (2) hours of the first call-out clock-in time. Call out hours paid will be considered time worked for purposes of overtime calculation in the work period in which the call outs occurred. 10.2 On call duty is defined as off-duty time when a bargaining unit member is ordered by the Chief of Police, 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 weekly supplement of $75.00, which shall be added to her/his base annual salary during the week she/he is on call. If a bargaining unit member is called out for duty, the bargaining unit member will be compensated in accordance with Article 10.1. 10.3 Bargaining unit members shall be compensated for training or re-training when such training or re-training is required by the Chief of Police 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. This provision does not apply to attendance at any training programs that may be required to obtain additional compensation available by law, where such attendance is not approved by the Chief of Police or his designee. 16 5/13/08 Article 11 Annual Leave 11.1 Bargaining unit members are entitled to the same annual leave benefits available to all other employees of the City, with the exception of the following: A. Bargaining unit members are entitled to use accrued annual leave hours after six (6) consecutive months of full-time service with the City. B. Bargaining unit members who resign or are terminated from the City for any reason, after six (6) months of full-time service with the City, are entitled to receive payment for 100% of their unused annual leave balance. The payment will be at the member's hourly rate of pay at the time of resignation or termination. C. Bargaining unit members are entitled to use their available accrued annual leave in one (1) hour increments. 11.2 In the event that the City reduces the annual leave benefits available to all other employees, the respective leave benefits will remain unchanged for bargaining unit members, unless the change is mutually agreed to by the Union and the City. 17 sip 3ios Article 12 Sick Leave 12.1 Bargaining unit members are entitled to the same sick leave benefits available to all other employees of the City with the exception of the following: A. Bargaining unit members are entitled to use accrued sick leave hours immediately upon employment with the City. B. Bargaining unit members may not use sick leave for the death of a family member. 12.2 In the event that the City reduces the sick leave benefits available to all other employees, the respective leave benefits will remain unchanged for bargaining unit members, unless the change is mutually agreed to by the union and the City. 1 g 5/] 3/OS Article 13 Bereavement Leave 13.1 Bargaining unit members are entitled to up to three (3) consecutive shifts of bereavement leave upon approval. of the Chief of Police in the event of a death of a family member. The member shall submit proof of death before compensation is approved. 13.2 Family members are defined as spouses, children, step children, parents, step parents, parents in law, step parents in law, siblings, step siblings, grandparents, step grandparents, grandchildren and step grandchildren. 13.3 If additional time off is necessary, annual leave or compensatory leave may be used, with the approval of the Chief of Police. 19 sn3~os Article 14 Leave of Absence Without Pay 14.1 All applications for leave of absence without pay must be submitted in writing and approved by the Chief of Police and the City Manager. Decisions regarding leaves of absence are not subject to the grievance or arbitration procedures. 14.2 Upon termination of leave of absence, the bargaining unit member shall return to the same job classification and rate of pay in effect at the beginning of the leave of absence. 14.3 The bargaining unit member will not lose any 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. 20 Si 13/08 Article 15 Military Leave and Military Duty 15.1 Military leaves shall be granted in accordance with Florida and Federal Law. 15.2 Except in an actual or declared emergency recall to duty, the bargaining unit member shall give thirty (30) days notice, or as much notice as possible to his supervisor that his military duty will occur on the specific dates. 21 5,13,108 Article 16 Workers' Compensation, On-the-Job Injury and Disability 16.1 The City provides workers' compensation insurance, in accordance with Florida Statutes, and through its carrier will provide medical and compensation benefits to employees who sustain an injury as a result of and arising out of employment by the City. Initial determination as to whether an injury is compensable will be made by the carrier. Disputes concerning compensability of injury or type or amount of compensation shall be resolved through existing legal process as defined by Florida Statute and shall not be subject to grievance under this Agreement. 16.2 Members recognize a duty to promptly report any injury occurring while on the job, and to cooperate in providing any information necessary to process a claim. 16.3 The City is entitled to select the physician who will examine or reexamine the injured employee; however, the injured employee shall have the discretion of a physician of his/her own choice to the extent that the physician selected is approved by the carrier and providing all reports and charges of the physician comply with applicable Workers Compensation law. 16.4 Any disagreement between medical doctors for the member and the City, or in the selection of a physician shall be resolved as outlined in Florida Statutes and the Workers Compensation Managed Care Grievance Procedure. 16.5 An employee injured on the job will receive his/her full pay for the day of the accident, whether or not she/he is able to return following examination. 16.6 While on a job connected injury or disability leave, bargaining unit members shall be entitled to all benefits as provided in this Agreement. 22 5/] 3/08 Article 17 Vehicles 17.1 The City shall equip all patrol vehicles in such a manner to allow bargaining unit members to perform their duties and responsibilities as police officers. 17.2 All equipment installed in patrol vehicles will be new, unused equipment. 17.3 All maintenance, repairs, fuel costs, and insurance for the patrol vehicles shall be the responsibility of the City. 17.4 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 Chief of Police via the chain of command. 17.5 With respect to vehicles, the term "unsafe" shall relate to brakes, lights, tires, overhead emergency lights, spotlights, horns, sirens, steering, inoperative radio, electrical, fuel leaks, engine /transmission, biohazard or chemical contamination. 17.6 If the nature of the vehicle problem is such that it should not be driven, the vehicle shall be taken out of service at the location where it is deemed unsafe. A bargaining unit member shall not be required to deliver such unsafe vehicle to place of repair. However, if the nature of the unsafe condition is such that the bargaining unit member can drive the vehicle to a place or repair, without hazard to himself or the public, he shall do so, if ordered to do so by his Supervisor. 17.7 No vehicle or piece of equipment shall be released back for duty use until inspected and/or repaired by competent mechanical personnel. 17.8 Bargaining unit members shall not be required to perform repairs on vehicles. 17.9 Bargaining unit members shall not be required to use their personal vehicles ir. the performance of any assigned duties. 17.10 Bargaining unit members assigned to certain positions may be allowed to drive City vehicles home, based on specific authorization by the City Manager. In the event a member is transferred to a position that does not require the use of a take home vehicle, the member's use of a take home vehicle shall cease. 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. Members in these positions as of the date of contract approval by the City Council will be granted an exception to the requirement to live within 20 miles from the 23 sii sloe Police Station. However, these members must live within 20 miles from the City's boundaries. 17.11 Bargaining unit members not assigned to the K-9 unit shall not be required to transport animals in patrol vehicles, whether caged or un-caged. 24 snsioa Article 18 Personal Day 18.1 The Personal Day may be scheduled by the bargaining unit member, but is subject to supervisor approval and the following restrictions: A. The bargaining unit member must have completed six (6) months of full- time employment with the City. B. The Personal Day cannot be carried forward to the next calendar year. C. The Personal Day must be taken in one day (no hourly increments). 25 Si 13/08 Article 19 Insurance 19.1 The City agrees to provide the same health and dental insurance benefits and applicable costs to bargaining unit members as adopted for all City employees. 19.2 The City shall provide life insurance or death benefits for each bargaining unit member in accordance with Florida Statutes. 26 5/13/08 Article 20 Union Representatives and Business 20.1 The City shall recognize the officers of the Clermont Police Sergeants Union, Loca16014 as the official representatives of the Union, and shall consider them the sole contact with Union members in regard to the terms and conditions of employment and contract matters, subject to bargaining. 20.2 The Union will be permitted to use the squad room or community service room at no cost for meetings of Loca16014 scheduled after 5:00 PM, as available, providing arrangements have been made in advance in accordance with normal scheduling procedures. Other than those acting in official capacity as union representative, no employee covered by this Agreement may attend Union meetings during his/her scheduled work hours. 20.3 The City will allocate a reasonable portion (approximately 1/3) of the squad room bulletin board solely for the purpose of posting notices and announcements pertaining to Union business. 20.4 The Union shall not post any material that is obscene, defamatory or that impairs the operation of the Department or the City. Any intentional violation of this provision by the Union may result in the privilege of such use of the bulletin board being withdrawn. 2'~ 5/13108 Article 21 Reduction in Work Force 21.1 Layoff - In the event of a layoff for any reason, regular full-time employees shall be laid off in inverse order of seniority. A. "Seniority" for purposes of this Article is defined as the length of uninterrupted time since the most recent hire by the City. B. Seniority is earned within the Department and also within the City. Departmental seniority will be given first consideration; if departmental seniority is equal (in terms of date), then City seniority will govern. C. Employees in temporary status will be laid off first, followed by employees in probationary status. No permanent employee shall be laid off while another person in the same class is retained on an emergency, temporary or probationary basis by the City. 21.2 Exceptions to Layoff - If the Chief of Police should find that a specific employee should be retained despite a lower seniority because of special skills, abilities or training that are essential to the efficient operation of the department or the organizational unit, the Chief shall submit a written request to the City Manager that sets forth in detail the specific skills, abilities or training possessed by the member and the reasons the member is essential to the effective operation of the department. A copy of the request will also be delivered to the Local 6014 Executive Committee at the same time as submitted to the City Manager. Absent formal objection by the union through the grievance process and upon approval of the City Manager, the member may be retained. 21.3 Alternatives to Layoff -Any member scheduled to be laid off shall be offered an alternate position if qualified and if a suitable vacancy exists. A member may not "bump" another permanent employee from his/her position in order to avoid layoff. 21.4 Notice of Layoff -Prior to notification of those affected, the names of all bargaining unit members scheduled for layoff will be provided to the City Manager and to the Executive Committee of Loca16014. 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 Chief of Police of their layoff at least fourteen (14) calendar days prior to the effective date of the layoff. 2g 5;13/08 21.5 Recall A. Members in layoff status shall retain recall rights for twelve (12) months from the date of layoff. The names and seniority dates of laid-off members shall be placed on a recall list and a copy of the list shall be provided to the union. B. Members shall be recalled in order of seniority as shown on the recall list determined at the date the initial layoff occurred. The member with the greatest seniority shown on the recall list shall be recalled first. lf, after the City has provided notice of recall in accordance with this Article to each of the members on the recall list, vacancies exist because laid off members have refused recall or failed to respond to notice within the time allotted, the recall list shall be deemed exhausted and the City shall fill vacancies through its ordinary hiring process. 21.6 Members will be provided notice of recall and must follow the procedures defined below in order to protect recall rights. A. Notice of recall shall be given to the member by first class mail sent to the most recent address contained in his/her personnel records. B. A member who receives a notice of recall and desires to return to work must respond to the City's Human Resources Department no later than the tenth (10`h) business day 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. Within twenty (20) working days of the date a laid off member gives notification to the Human Resources Department of her or his desire to return to work, the member must report fit for duty or lose recall _rights. 21.7 Seniority does not accrue during layoff, nor does the member accrue time off or other benefit eligibility. Upon recall, a member's seniority shall be counted from the member's former hire date, less the period of layoff. 29 5/] 3/08 Article 22 Dues Deduction 22.1 The City agrees that upon receipt of a voluntary individual notice for any bargaining unit member, the City shall deduct from their 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. 22.2 Dues shall be deducted each designated pay period and those monies shall be remitted to the International Union of Police Associations, AFL-CIO (IUPA) reasonably thereafter. The monies forwarded to IUPA shall be for Clermont Police Sergeants Union, Local 6014 and shall be marked as such. 22.3 The Union will initially notify the City as to the amount of the dues to be deducted. Such notification shall be to the City in writing over the signature of the president or vice-president of Local 6014. 22.4 Changes in the amount of the union dues to be deducted will be certified to the City in the same manner and shall be done thirty (30) days in advance of the effective date of such change. 30 s; l3~os Article 23 Grievance Procedure 23.1 The purpose of this Article is to establish processes for the fair, expeditious and orderly adjustment of grievances regarding contract and disciplinary disputes or disagreements between the City of Clermont, the Clermont Police Department and Loca16014 and its members involving the interpretation or application of this Agreement. 23.2 Any formal grievance filed shall be in writing and shall set forth the provision or provisions of this Agreement alleged to have been violated and the facts pertaining to the alleged violation(s) and the date of the violation(s). The grievance shall be signed by the grievant and an Officer of Loca16014. Grievances submitted which do not contain the above information and/or are complete, shall be amended by the grievant to state the required information. The necessity of filing an amendment shall not affect the timeliness to the extent that the grievance is substantially complete. 23.3 Nothing in this section shall be construed to prevent a bargaining unit member from presenting, at any time, his own grievance without representation. 23.4 A bargaining unit member who wishes to submit a grievance must submit a grievance in writing within seven (7) 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. 23.5 In advancing grievances, the grievant bargaining unit member(s) or Local 6014 and management may call a reasonable number of witnesses to offer testimony. Either party may call witnesses as needed. Hearings shall be continued to facilitate appearance of witnesses who are Department employees, whose presence would otherwise conflict with Department needs. 23.6 The formal grievance procedures are as follows: Sten One • The bargaining unit member and/or Clermont Police Sergeants Union, Local 6014, 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. • The Chief of Police will conduct a meeting within ten (10) working days with the grievant and his requested representative, unless the Chief of Police 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 31 s~~3~os agent. The Chief of Police shall notify the grievant and the Union of his decision, in writing, within ten (10) working days after the meeting date. Step Two • If the grievance is not resolved to the grievant's satisfaction as rendered by Step One, the bargaining unit member and/or the Union may forward the grievance, in writing, to the City Manager within ten (10) working days of receipt of the notification from the Chief of Police. The City Manager shall conduct a meeting within ten (10) working days with the grievant and his requested representative, unless the City Manager chooses to grant the requested relief without further proceedings. The grievant shall not be represented by an elected official of the City, the City Attorney or his staff, or a person affiliated with a Union other than the certified bargaining agent. The City Manager shall notify the grievant and the Union of his decision, in writing, within ten (10) working days after the meeting date. 23.7 Grievance discussions at Steps One and Two shall be conducted during the grievant's normal duty hours. The aggrieved bargaining unit member shall suffer no loss of pay or benefits for time required for such meetings. 23.8 All disciplinary grievances will be initially filed the step above the level at which the discipline was initiated. All class action grievances shall be filed at Step Two. 23.9 The aggrieved bargaining unit member and the Union shall be given at least two (2) working days notices of the grievance meetings provided herein. 23.9 If any grievance is not satisfactorily resolved by the procedure outlined in the Article, the Union may proceed to arbitration according to Article 24. 23.10 Probationary Sergeants shall not have the right to grieve discipline or discharge. 23.11 It is agreed that a bargaining unit member may file agrievance/appeal, in accordance with the personnel rules, regulations, and/or ordinances of the City of Clermont. Bargaining unit members may only choose one grievance/appeal process. The decision to use any City Of Clermont grievance/appeal process is irrevocable and precludes the bargaining unit member from filing any grievance under the provisions of this Agreement. 32 5;13/08 Article 24 Arbitration 24.1 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) working days after the receipt of the Step Two decision. Said written notice shall include a statement of facts upon which the case is submitted, including a statement of the position of the Union with respect to the arbitral issues. 24.2 Within ten (10) business days of the receipt of such notice, a letter shall be directed by the Union to either the American Arbitration Association or I~ederal Mediation and Conciliation Service requesting a list of arbitrators. Within five (5) working days of receipt of the list of arbitrators, a Union Representative and a representative of the City shall meet to select an arbitrator. The Union and the City will alternately eliminate one name at a time from the list until only one name remains and that person shall be the arbitrator. The City and the Union shall alternate in the rights to first strike names in successive arbitrations. 24.3 As promptly as possible, the arbitrator shall conduct a hearing between the parties and consider the subject matter of the dispute. The decision of the arbitrator will be served upon the bargaining unit member(s), the City and the Union, in writing. The Arbitrator shall endeavor to render a decision within twenty-one (21) calendar days after the conclusion of the hearing. A. Any party may be represented at the hearings by counsel or any other representative. B. The hearing shall be conducted by the Arbitrator in a manner that will most expeditiously permit full representation of the evidence and arguments of all parties. The parties shall make every effort to conclude the hearing within one (1) day. C. Each party shall bear the costs of preparing and presenting its own case. Each party desiring a record of the proceedings shall pay for any costs thereof. In the event both parties agree to have a record of any type made of the hearing, said parties may share equally the cost of any such service. 24.4 The power and authority of the Arbitrator shall be strictly limited to determination and interpretation of the explicit terms of the Agreement as herein expressly set forth. He shall not have the authority to add or subtract from or modify any said terms of the Agreement; to limit or impair any right that 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. 33 sn aios 24.5 No decision of any Arbitrator in one case shall create a basis for retroactive adjustment of any other case. 24.6 The Arbitrator may, under the powers granted by the terms of this Agreement, direct any remedy permitted by the Florida Arbitration Code. 24.7 The decision of the Arbitrator is final and binding on both parties and the grievance shall be considered permanently resolved. Review shall not be precluded pursuant to the Florida Arbitration Code. 24.8 The expenses of the Arbitrator shall be split equally by the parties. Each party shall make arrangements for and pay the witnesses that are called by it. 34 siisios Article 25 Employee Educational Assistance 25.1 The City will reimburse bargaining unit members for the cost of tuition, books and fees under the following conditions: A. The course must be directly related to the job performed by the member. B. The course must be approved by the Chief of Police and the City Manager and is subject to budgetary constraints. C. Only specific courses for a specific semester will be approved. Blanket approval of courses will not be granted. D. The course must be at a nationally or regionally accredited institution. E. Reimbursement shall be made upon completion of the approved course and submission of the course final grade. 25.2 The reimbursement schedule based on state college/university rates is as follows: 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% fora "fail". 25.3 Bargaining unit members who resign from the City before the completion of one (1) year of service from the date of their last course reimbursement must pay back to the City any money received during that one (1) year period. 35 sii sios Article 26 Physical Examinations Bargaining unit members are required to successfully complete a physical examination on an annual basis and are subject to a fitness for duty physical examination when necessary. 26.1 The annual physical examination will include the following: Urinalysis, Audio Screen Test, Blood Pressure, Blood Chemical Profile (SMAC-24 Blood Test), Vision Test, Height and Weight recorded, EKG at rest or stress (upon recommendation by the physician) and a Tuberculosis test. In addition to the required tests, bargaining unit members may request to have a chest X-ray performed and interpreted in conjunction with the annual examination, provided appropriate justification is present. The cost of the annual physical examination by the City's designated physical examination provider will be paid by the City. 26.2 The Tuberculosis test results must be read within the time frame specified by the physician. If the test results are not read within the specified time frame, the bargaining unit member will be required to receive another Tuberculosis test at the bargaining unit member's cost. If the Tuberculosis test is not completed within 30 days of the physical examination, the bargaining unit member will be required to undergo another complete physical examination at the bargaining unit member's cost. 26.3 Scheduling of the annual physical examination will be at the discretion of the Department and during normal scheduled work hours, when possible. Time spent at examinations which the City requires to be taken outside regular work hours will be considered hours worked for purposes of calculating overtime. 26.4 The City may require a member to undergo a physical or mental examination, at the City's expense, whenever there is a reasonable belief, based on fact, that the member's fitness for duty is in question, and shall determine the nature and extent of such "fitness for duty" physical or mental examination. 26.5 All physical examination results will be maintained in separate medical files maintained in the City's Human Resources Department. In accordance with Florida Statutes, information contained in the bargaining unit member's medical files is exempt from the public records laws. However, any release of medical file information in accordance with Florida Statutes will be under the authority of the City Clerk. 26.6 All physical examinations will be conducted by a physician designated by the City. However, bargaining unit members may select their own physician to perform the annual physical examination 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 36 5/13/08 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. 3'~ Si 13/08 Article 27 General Provisions 27.1 Bargaining unit members shall be furnished with parking facilities at the Police Department to the extent available. Said parking facilities shall be furnished at no cost to the bargaining unit member. 27.2 Copies of regulations, procedures, special and general orders or written directives shall be furnished to each bargaining unit member and the Union sufficiently in advance of implementation in order to afford the Union the opportunity to consult with, or request to bargain over the change to be implemented. 27.3 Bargaining unit members shall be required to observe and comply with such additional or supplemental rules and regulations promulgated and published by the Chief of Police or his designee only after receipt of actual notice of such rule modification. 27.4 The City agrees to consult and bargain, if required with the Union prior to any changes in the City's Policy Manual, Department Policies or the Department Policies and Regulations. 27.5 Any memorandum issued that is not adopted as a general order within thirty X30) days shall be null and void. 27.6 All bargaining unit members are subject to drug/alcohol testing in accordance with the City's Substance Abuse Policy -Part A. 27.7 Bargaining unit members may request an annual AIDS test to be performed at a facility designated by the City. Results of such tests shall be kept confidential. 27.8 The probationary period for new bargaining unit members is one (1) year; however, the period may be extended by the Chief of Police at her/his discretion for additional observation. 27.9 A bargaining unit member 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 such employment shall not interfere with or adversely affect the performance of assigned duties. 38 5/13/08 Article 28 Severability Clause 28.1 If any article or section of this Agreement should be held invalid by operations of law or by any tribunal of competent jurisdiction, or, if compliance with ar enforcement of any article or section should be restrained by such tribunal, the remainder of this agreement shall not be affected thereby. 28.2 The parties shall enter into collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such article or section. 39 sip sloe Article 29 Locker Room Facilities 29.1 The City agrees to provide and maintain locker room facilities for bargaining unit members, as appropriate. 29.2 Said locker room facilities shall consist of, but not limited to, the following: lockers, showers, training room. 29.3 An agent of the City shall have the right to inspect a bargaining unit member's locker space without permission of the bargaining unit member or proper authority of law, provided said inspection is done in the presence of the bargaining unit member. 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. 40 s; isios Article 30 Voting 30.1 During a primary, special or general election, a bargaining unit member who is registered to vote, whose hours do not allow sufficient time for voting, shall be allowed necessary time off with pay for this purpose. Where the polls are open two (2) hours before or after the regularly scheduled work period, it shall be considered sufficient time for voting. 41 sn3ios Article 31 Wages 31.1 The following pay scales shall be effective during the duration of this contract. Minimum Hourly Annual October 1, 2007 -September 30, 2008 Sergeant (2,184 annual hours) $21.52 $47,000 Sergeant (2,080 annual hours) $22.60 $47,000 October 1, 2008 -September 30, 2009 Sergeant (2,184 annual hours) $22.06 $48,175 Sergeant (2,080 annual hours) $23.16 $48,175 October 1, 2009 -September 30, 2010 Sergeant (2,184 annual hours) $22.61 $49,379 Sergeant (2,080 annual hours) $23.74 $49,379 Maximum Hourly Annual $32.28 $70,500 $33.89 $70,500 $33.09 $72,262 $34.74 $72,262 $33.91 $74,068 $35.61 $74,068 31.2 All bargaining unit members employed with the City as of the date of contract approval by the City Council will receive a thirteen point three-two (13.32%) percent hourly pay rate increase. The increase is effective as of the date of contract approval by the City Council. 31.3 All bargaining unit members shall receive a two point five (2.5%) percent hourly pay rate increase as of each October 1 during the duration of this contract. 31.4 All bargaining unit members are eligible to receive hourly merit pay increases based the overall rating of their performance evaluations as noted in Article 38 of this Agreement. Merit pay increases shall range from 0% to 4%, in accordance with the performance rating scale in use for other sworn Police Department employees. Merit pay increases shall not be available to bargaining unit members at the pay scale maximum. 31.5 All bargaining unit members employed with the City as of the date of contract approval by the City Council shall be paid an additional five point six nine (5.69%) percent for all hours worked and leave hours used from the date of contract approval by the City Council to May 1, 2006 or Sergeant promotion date, whichever is later. Hours worked shall include regular hours, overtime hours, working out of classification hours and holiday pay. 42 ~ ~l a~os 31.6 The only add on or assignment pay that will be paid to bargaining unit members is as follows: A. Working Out of Classification Bargaining unit members who are required to work in a higher classification for an entire shift due to a supervisor's absence shall be compensated an additional 5% for all hours worked in the higher classification. 43 sn3ios Article 32 Holidays 32.1 The following days shall be observed as official holidays for bargaining unit members: First Day of January (New Years Day) Third Monday of January (Martin Luther King Day) Last Monday in May (Memorial Day) The Fourth of July First Monday in September (Labor Day) November 11th (Veterans' Day) Fourth Thursday in November (Thanksgiving) Fourth Friday in November December 24th (Christmas Eve) December 25th (Christmas Day) 32.2 When an official holiday falls on a Saturday, eight (8) hour bargaining unit members shall observe the holiday on the Friday immediately preceding the holiday. When an official holiday falls on a Sunday, the eight (8) hour bargaining unit members shall observe the holiday on the first Monday after the holiday. Twelve (12) hour bargaining unit members shall observe the holiday on the actual holiday. 32.3 Eight (8) hour bargaining unit members shall 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 whenever possible. 32.4 Holiday pay shall be paid in the following manner: A. All bargaining unit members who meet the Holiday Pay eligibility requirements outlined in Article 32.4.C. of this Agreement shall be paid Holiday Pay equivalent to eight (8) hours at the bargaining unit member's regular rate of pay. In the event that the observed holiday falls on the bargaining unit members regularly scheduled day off, the member may request and, with the Police Chief's approval, be given eight (8} hours off with pay in the same pay period, instead of being paid the holiday pay. 44 s~~ 3ios B. All bargaining unit members who are required to work on an official holiday as a regularly scheduled day and meet the Holiday Pay eligibility requirements outlined in Article 32.4.C. 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. C. To be eligible for Holiday Pay, a bargaining unit member must meet the following requirements: 1. Must be a full-time employee 2. Must work on the scheduled days prior to and after the holiday, with the exception if the absence was due to the following reasons: a. The bargaining unit member's absence is during his annual vacation leave b. The bargaining unit member is absent because of sickness or accident and provides a doctor's statement indicating medical attention has been received. c. The bargaining unit member is absent due to being on approved bereavement leave. d. The bargaining unit member is absent due to a current on the job injury. D. A bargaining unit member who reports in on the scheduled work date 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. 45 5/13/08 Article 33 Publication of the Agreement 33.1 The Clermont Police Sergeants Union, Local 6014 shall be responsible for printing and distributing the necessary number of copies of this Agreement to the bargaining unit members. 33.2 The Clermont Police Sergeants Union, Loca16014 and the City agree to execute duplicate originals of this Agreement. 46 5/13/08 Article 34 Promotions 34.1.1 Promotions shall be conducted as provided in the department's Standard Operating Procedures. 34.2 Bargaining unit members promoted to Sergeant shall receive a pay increase to either the pay scale minimum noted in Article 31.1 of this agreement or equivalent to five (S) percent, whichever is greater. 34.3 If the promoted bargaining unit member does not successfully complete the probationary period, the member may return to the position from which she/he was promoted. If the position from which the member was promoted is filled or the Chief of Police does not approve the return, reasonable efforts will be made to place the member in a comparable position, if one is available within the City. The member's rate of pay will be adjusted to that rate of pay prior to the promotion. If such a vacancy does not exist, the member will be laid aff. 47 sii3ios Article 35 Duration 35.1 This Agreement shall be in full force and effect upon ratification by the bargaining unit members and approval by the City Council. Such ratification and approval shall be made immediately following finalization of this Agreement. 35.2 This Agreement shall continue in full force and effect until midnight of September 30, 2010. 35.3 This Agreement shall remain in full force and effect until such time as a replacement contract is ratified by the bargaining unit members and approved by the City Council, following expiration of this contract at midnight, September 30, 2010. 48 silsios Article 36 Damage or Loss to Personal Property 36.1 The City shall reimburse a bargaining unit member for loss or damage to personal property in the performance of his duty, subject to the procedures and restrictions set forth in the following paragraphs. No reimbursement shall be made if loss or damage results from carelessness, negligence or misuse on the part of the bargaining unit member. A. Lost or damaged corrective eyewear shall be reimbursed 100% of the cost of repair or replacement per bargaining unit member per incident. The maximum amount of reimbursement for the cost of repair or replacement of watches, wedding rings or medical identification bracelets shall be $200 per bargaining unit member per incident. B. Report of the loss of or damage to personal property must be made within the shift in which the loss or damage occurs or within a maximum of 3 working 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 Chief of Police 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. 49 sn sloe Article 37 Pensions The City agrees to continue funding the Police Officers Pension Plan based on the current level of benefits until such time as the City and the Union agree to any negotiated changes. 50 5/l3/OS Article 38 Performance Evaluations 38.1 Newly hired bargaining unit members shall receive two (2), six (6), nine (9) and twelve (12) month performance evaluations based on their City employment anniversary date and then every twelve (12) months, thereafter based or. their City employment anniversary date. Bargaining unit members are eligible to receive merit pay increases based on the overall rating of the six (6) month and twelve (12) month performance evaluations in accordance with Article 31.4 of this agreement. 38.2 Bargaining unit members who have been transferred to another position covered by this agreement shall continue to receive performance evaluations based on the evaluation date in effect immediately prior to the transfer. Bargaining unit members are eligible to receive merit pay increases based on the overall rating of the six (6) month (if applicable) and twelve (12) month performance evaluations in accordance with Article 31.4 of this Agreement. 38.3 Bargaining unit members promoted to Sergeant shall receive two (2), six (6), nine (9) and twelve (12) month performance evaluations based on their date of promotion to Sergeant. In addition, promoted bargaining unit members will receive a twelve (12) month performance evaluation based on their City employment anniversary date and then every twelve (12) months, thereafter based on their City employment anniversary date. Promoted bargaining unit members are eligible to receive a merit pay increase based on the overall rating of the six (6) month (promotion) and twelve (12) month (hire date) performance evaluations in accordance with Article 31.4 of the Agreement. Promoted bargaining unit members are not eligible to receive a merit pay increase based on the twelve (12) month (promotion) performance evaluation. 38.4 All bargaining unit members employed with the City as of the contract approval date by the City Council will have their twelve (12) month performance evaluation dates changed to their City employment anniversary dates, effective October 1, 2008. During the period from the date of contract approval by the City Council through September 30, 2008, all bargaining unit members' twelve (12) month performance evaluations will be based on the date in effect at the time of the contract approval by the City Council. Bargaining unit members are eligible to receive merit pay increases based on the overall rating of the twelve (12) month performance evaluation in accordance with Article 31.4 of this Agreement. 51 5/13108 Article 39 Uniforms and Equipment 39.1 The City will provide uniforms to all bargaining unit members who are required to wear such uniforms in the performance of their duties at no cost to the member. However, the bargaining unit member shall be responsible for any applicable clothing fringe benefit federal income taxes. The Chief of Police shall determine the style of uniform worn by the members. 39.2 Any uniforms provided by the City which are damaged or destroyed while a member is acting in the performance of their duties, shall be replaced by the City within a reasonable period of time at no cost to the member. 39.3 Non-uniformed or plain clothes members shall receive an annual clothing allowance of $400.00 payable in the first 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 the clothing allowance upon start of work in that unit. Temporary reassignment to a position not requiring plain clothes will not preclude the clothing allowance. The clothing allowance shall not be required to be paid back by any member should their position change for any reason. 39.4 The City shall pay for the cost of shoes purchased by bargaining unit members through the City's contract shoe provider. The City will pay 100% of the cost of the shoe up to $75.00 on an annual basis. The Chief of Police will approve the styles of shoe worn by the members. 39.5 The City shall provide all equipment necessary to safely and effectively perform the duties and responsibilities of a sworn Police Officer at no cost to the member. The Chief of Police shall determine what equipment is necessary. 39.6 When it is determined that a bargaining unit member is at fault for loss or damage to City issued equipment through a careless or intentional act, in addition to any other applicable disciplinary action an assessment may be made in accordance with the following schedule: A. If the loss/damage is the first occurrence within a two year period, the percentage assessed shall be 25% of the cost of repair or replacement, not to exceed fifty dollars ($50.00). B. If the loss/damage is the second occurrence within a two year period, the percentage assessed shall be 50% of the cost of repair or replacement, not to exceed seventy-five dollars ($75.00). C. If the loss/damage is the third occurrence within a two year period, the percentage assessed shall be 75% of the cost of repair or replacement, not to exceed one hundred dollars ($100.00). 52 5;13/08 D. If the loss/damage is the fourth occurrence within a two year period, the percentage assessed shall be 100% of the cost of repair or replacement, not to exceed one hundred twenty-five dollars ($125.00). Due to extenuating circumstances at the time of loss or damage, the member's supervisor may recommend to the Chief of Police that the assessment be waived. 39.7 Upon termination of employment or transfer from the department, the bargaining unit member shall return all uniforms and equipment issued to her/him in like condition as when issued, with the exception of reasonable wear and tear. 53 snsios NEGOTIATING TEAM FOR THE CLERMONT SERGEANTS UNION LOCAL 6014 v~ James E. Cyle~ President Mar Edwards, Vice President Rene Cas~ro; Secretary/Treasurer ~~~ Toby Lev, IUPA Attorney ,~ ~,.~~ ck Moriarty, IUPA Re entative NEGOTIATING TEAM FOR THE CITY OF CLERMONT Van ve Services Director Manager THIS AGREEMENT APPROVED UPON ADOPTION BY THE CITY OF CLERMONT ON THE 13~ DAY OF MAY, 2008. 9 I. f`t ATTE ~ ~ .~ ~ -~' ~ ~~ Tracy ~r~o~d, City C L OF THE CITY ~-. ~Iaro S. Turville Jr., Mayor 54 5/13/08