2006-45Collective Bargaining Agreement
between the
International Union of Police Associations, AFL-CIO
and the
City of Clermont, Florida
Retroactive May 1, 2005 through September 30, 2008
(Approved December 12, 2006)
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Table of Contents
Article Description
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Preamble ..............................................................................
Recognition ..........................................................................
Prevailing and Management Rights .....................................
Indemnification ....................................................................
Non-Discrimination .............................................................
Administrative Investigations ..............................................
Professional Standards and Disciplinary Action ..................
Personnel Records ................................................................
Work Period and Work Shift ...............................................
Overtime, Overtime Pay and Compensatory Time ...............
Extra Du
ty ............................................................................
Annual Leave .......................................................................
Sick Leave ................................................................................
Uniforms and Equipment .........................................................
Leaves of Absence Without Pay ..............................................
Military Leave and Military Duty ............................................
Workers Compensations, On The Job Injury and Disability ...
Vehicles ....................................................................................
Personal Day ............................................................................
Insurance ..................................................................................
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Table of Contents
Article Description
Article 20 Union Representatives and Business ......................................................... 27
Article 21 Reduction in Workforce ............................................................................. 28
Article 22 Dues Deduction .......................................................................................... 30
Article 23 Grievance Procedure .................................................................................. 31
Article 24 Arbitration .................................................................................................. 33
Article 25 Employee Educational Assistance ............................................................. 35
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 ..................................................................................................... 45
Article 33 Publication of Agreement .......................................................................... 47
Article 34 Promotions ................................................................................................. 48
Article 35 Duration ..................................................................................................... 49
Article 36 Damage or Loss to Personal Property ........................................................ 50
Article 37 Pensions ..................................................................................................... 51
Article 38 Performance Evaluations ........................................................................... 52
Signature Page ........................................................................................... 53
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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, 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,"
"employee," or "officer" refer to the sworn police officers employed by the City of
Clermont in the classifications of Police Officer, Detective, and Agent.
Uses of gender references, "he" and "she" are considered interchangeable.
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Article 1
Recognition
The City hereby recognizes the International Union of Police Associations, AFL-CIO as
the sole and exclusive bargaining agent for the purpose of collective bargaining with
respect to wages, hours and other conditions of employment for those employees of the
City of Clermont working within the certified bargaining unit, as established by order of
the Florida Public Employees Relations Commission (PERC).
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Article 2
Prevailing and Management Rights
2.1 The Union recognizes the prerogative of the City, except as expressly abridged by
any provision of this Agreement, to exercise exclusively all of the normal and
inherent rights of management with respect to the Police Department, including
but not limited to, the right to determine the purpose of its constituent divisions, to
set standards of service, and to exercise control and discretion over its
organization and operations to ensure efficiency. It is also the right of the City to
direct its sworn police employees, to take disciplinary action for proper cause, and
to relieve its sworn police employees from duty, provided in so doing the
provisions of this agreement are not violated.
2.2 The City reserves the right:
A. To select and direct the work force in accordance with requirements
determined by management.
B. To establish and change individual work schedules and assignments.
C. To assign and distribute available overtime work and to change work
schedules in order to minimize overtime work.
D. To make and enforce work performance standards.
E. To make and change reasonable rules and regulations and to determine
disciplinary action for the failure to obey such rules and regulations.
F. To determine job descriptions.
G. To make and enforce safety rules.
H. To transfer and promote members.
I. To determine the size and composition of the work force.
J. To lay off 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 members for proper
cause and in accordance with contract provisions.
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N. To suspend provisions of this agreement during a time of declared emergency
conditions, including but not limited to riots, civil disorders, hurricane or
weather conditions, with the exception of the wage, benefit and damage or
loss to personal property provisions.
2.3 The exercise of management rights shall not preclude 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
members of the bargaining unit.
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.
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Article 3
Indemnification
3.1 When the City may legally do so, the City shall furnish to bargaining unit
members legal counsel and defense in accordance with F.S.S. 768.28(5) and (9). To the
extent permitted by law, no member of the bargaining unit 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 hislher 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 properly.
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Article 4
Non-Discrimination
4.1 There shall be no discrimination against any employee covered by this Agreement
because of race, religious creed, color, national origin, sex, age, disability,
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 F.S.S. 447.301 (3), 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, creed,
color, national origin, sex, disability, marital status, veteran's status, age over
forty (40), political affiliation or religion. However, the parties also recognize
that the City has established an internal procedure to investigate and resolve
alleged cases of discrimination that is in addition to existing and adequate
procedures established by the State of Florida and the Federal Government.
Accordingly, it is agreed that allegations of employment discrimination as
described above cannot be processed through the contractual grievance/arbitration
procedure.
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Article 5
Administrative Investigations
5.1 Administrative investigations of bargaining unit members ("Law Enforcement
Officers") will be conducted in accordance with Florida Statute 112.532, et. seq.,
known as the Police Officers' Bill of Rights. Bargaining unit members will be
required to read and sign their Law Enforcement Officers' Rights form and their
Garrity Warning form prior to a formal investigative interview.
5.2 The parties have incorporated by reference the statutory bill of rights in this
Agreement to enable them to elect to invoke the grievance-arbitration procedure
to remedy any alleged denial of rights, and not to effect any change in substantive
rights under the statute as repeated herein. An employee may pursue enforcement
of these rights through arbitration or in the courts, but if the Officer 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 placed in the bargaining unit member's personnel file. The
investigative information 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.
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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.
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Article 6
Professional Standards and Disciplinary Action
6.1 It is a statutory right of the City to establish rules and standards of performance
and to discipline employees in accordance with those standards. When discipline
is applied, the City shall, when possible, use a system of "progressive discipline"
that uses the least possible form of corrective action necessary to obtain its
intended purpose, which is to correct inappropriate conduct. However, 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.
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 o£
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.
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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 nolo contendere to any criminal
charge that disqualifies him/her from service as a police officer under Florida
Statutes, s/he shall be terminated and shall not be entitled to any back pay or
benefits.
6.5 If a bargaining unit member who is suspended pending final court disposition of
criminal charges is convicted, pleads guilty or 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 Deparhnental 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 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.
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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.
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Article 7
Personnel Records
7.1 The bargaining unit member's official personnel files are to be maintained in the
City's Human Resources Deparhnent. 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 Section 119.071, 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 Administrative
Services Director.
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 of the individuaUorganization 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 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.
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Article 8
Work Period and Work Shift
8.1 Bargaining unit members assigned to the Road Patrol Division 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. Patrol Officers 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 specialized unit, including but not
limited to: K-9, CRT, CID, Traffic or Evidence 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. While
working a regularly scheduled shift, the K-9 member will be allotted one (1) hour
of each shift for dog maintenance. In addition, the K-9 member shall be
compensated one (1) hour for dog maintenance during each scheduled day off.
8.3 As noted in Article 2.2.B. of this Agreement, the City has the right to change
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.
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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 time, sick time, and any time for treatment or therapy for
a job-related injury shall not be considered as time worked.
9.2 Overtime must be assigned or authorized by management; an employee is not
entitled to assign or approve overtime to himlherself. 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. For purposes of this provision, an "eligible employee" is
one with the required qualifications for the assignment and who has completed
field training and ready for solo road patrol.
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 during the period Monday through Saturday 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 Overtime worked on Sunday shall be compensated at two (2.0) times the
bargaining unit member's regular rate of pay as defined in the Fair Labor
Standards Act.
9.8 Overtime worked during the holiday period noted in Article 32.2 of this
Agreement, shall be compensated at two-and one-half (2.50) times the bargaining
unit member's regular rate of pay as defined in the Fair Labor Standards Act. The
two and one-half (2.50) times is inclusive of the holiday pay premium noted in
Article 32.4 of this Agreement.
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9.9 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 Payroll Department.
B. The maximum accrual of compensatory time is forty-two (42) hours for Patrol
Officers and forty (40) hours for Investigators. 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.
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Article 10
Extra-Duty
10.1 Call out time is defined as any time a bargaining unit member is called into work
when 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 $50.00, which shall be added
to herlhis 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.
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Article 11
Annual Leave
11.1 Bargaining unit members are entitled to the same annual leave benefits available
to all other employees of the City, 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.
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Article 12
Sick Leave
12.1 Bargaining unit members are entitled to the same sick leave benefits available to
all other employees of the City 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 are entitled to use funeral leave for
spouses, children, step-children, parents, step-parents, parents-in-
law, step parents-in-law, siblings, step siblings, grandparents or
step grandparents.
12.2 In the event that the City reduces the sick leave benefits available to all other
employees, the respective leave benefits will remain unchanged for bargaining
unit members, unless the change is mutually agreed to by the union and the City.
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Article 13
Uniforms and Equipment
13.1 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.
13.2 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.
13.3 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.
13.4 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.
13.5 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.
13.6 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, an assessment may
be made in accordance with the following schedule:
A. If the loss/damage is the first occurrence within a two year period, the
percentage assessed shall be 25% of the cost of repair or replacement, not
to exceed fifty dollars ($50.00).
B. If the loss/damage is the second occurrence within a two year period, the
percentage assessed shall be 50% of the cost of repair or replacement, not
to exceed seventy-five dollars ($75.00).
C. If the loss/damage is the third occurrence within a two year period, the
percentage assessed shall be 75% of the cost of repair or replacement, not
to exceed one hundred dollars ($100.00).
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D. If the loss/damage is the fourth occurrence within a two year period, the
percentage assessed shall be 100% of the cost of repair or replacement, not
to exceed one hundred twenty-five dollars ($125.00).
Due to extenuating circumstances at the time of loss or damage, the member's
supervisor may recommend to the Chief of Police that the assessment be waived.
13.7 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.
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Article 14
Leave of Absence Without Pay
14.1 All applications far 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 3 months. If the leave of absence period is
longer than 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.
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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.
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Article 16
Workers' Compensation, On-the-Job Injury and Disability
16.1 The City provides workers' compensation insurance, in accordance with Florida
Statutes, and through its carrier will provide medical and compensation benefits to
employees who sustain an injury as a result of and arising out of employment by
the City. Initial determination as to whether an injury is compensable will be
made by the carrier. Disputes concerning compensability of injury or type or
amount of compensation shall be resolved through existing legal process as
defined by Florida Statute and shall not be subject to grievance under this
Agreement.
16.2 Members recognize a duty to 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 hislher 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 Statute 440.134
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.
23 i2i~zio6
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 in the
performance of any assigned duties.
17.10 Bargaining unit members assigned to the criminal investigative division may be
assigned an unmarked City vehicle and shall be required to use such vehicle in
accordance with City policy.
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 izi~z~o6
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 12!12!06
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 Chapter 112.19, Florida State Statutes.
26 izii2io6
Article 20
Union Representatives and Business
20.1 The City shall recognize the officers of the Clermont Police Officers Union, Local
6013 as the official representatives of the Local 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 Loca16013 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.
27 izit2~o6
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 Loca16013
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 Loca16013. 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.
28 ~znz~o6
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. If, after
the City has provided notice of recall in accordance with this Article to
each of the members on the recall list, vacancies exist because laid off
members have refused recall or failed to respond to notice within the time
allotted, the recall list shall be deemed exhausted and the City shall fill
vacancies through its ordinary hiring process.
21.6 Members will be provided notice of recall and must follow the procedures defined
below in order to protect recall rights.
A. Notice of recall shall be given to the member by first class mail sent to the
most recent address contained in his/her personnel records.
B. A member who receives a notice of recall and desires to return to work
must respond to the City's Human Resources Department no later than the
tenth (10th) business day following hislher 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.? 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 ~2i~2ro6
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 Officers Union, Loca16013 and shall be marked as such.
22.3 The Union will initially notify the City as to the amount of the dues to be
deducted. Such notification shall be to the City in writing over the signature of the
president or vice-president of Local 6013.
22.4 Changes in the amount of the union dues to be deducted will be certified to the
City in the same manner and shall be done thirty (30) days in advance of the
effective date of such change.
30 izri2ro6
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 Loca16013 and its members involving the interpretation or application of this
Agreement.
23.2 Any formal grievance filed shall be in writing and shall set forth the provision or
provisions of this Agreement alleged to have been violated and the facts
pertaining to the alleged violation(s) and the date of the violation(s). The
grievance shall be signed by the grievant and an Officer of Local 6013.
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 6013
and management may call a reasonable number of witnesses to offer testimony.
Either party may call witnesses as needed. Hearings shall be continued to
facilitate appearance of witnesses who are Department employees, whose
presence would otherwise conflict with Department needs.
23.6 The formal grievance procedures are as follows:
Steu One
• The bargaining unit member and/or Clermont Police Officers Union, Local
6013, 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 i a~ ivo6
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.
Steu Two
• If the grievance is not resolved to the grievant 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 Officers 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 iznzio6
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 Federal
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 maybe 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 ~Zii2io6
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 tznzio6
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 ~Zi~zio6
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
Section 119.071, Florida Statutes, information contained in the bargaining unit
member's medical files are exempt from the public records laws. However, any
release of medical file information in accordance with Section 119.071, Florida
Statutes will be under the authority of the Administrative Services Director.
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 tzitziob
the physical examination up to the amount charged by the City's designated
physical examination provider. In addition, the personal physician will have to
complete the standard physical examination results form and send to the City.
37 ~Zr~2ro6
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 (30)
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 t2~t2io6
Article 28
Severability Clause
28.1 If any article or section of this Agreement should be held invalid by operations of
law or by any tribunal of competent jurisdiction, or, if compliance with or
enforcement of any article or section should be restrained by such tribunal, the
remainder of this agreement shall not be affected thereby.
28.2 The parties shall enter into collective bargaining negotiations for the purpose of
arriving at a mutually satisfactory replacement for such article or section.
39 iznzro6
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 i2nvo6
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 iaiiaiob
Article 31
Wages
31.1 The following pay scales (based on 2,184 hours per year) shall be effective during
the duration of this contract.
October 1, 2005 -September 30, 2006
Step Hourly Annual
1 $14.84 $32,411
2 $15.14 $33,059
3 $15.44 $33,720
4 $15.75 $34,394
5 $16.06 $35,082
6 $16.38 $35,784
7 $16.71 $36,500
8 $17.05 $37,230
9 $17.39 $37,974
10 $17.74 $38,734
11 $18.09 $39,508
After step 1 1, 2% per year
October 1, 2006 -September 30, 2007
Step Hourly Annual
1 $15.80 $34,507
2 $16.12 $35,197
3 $16.44 $35,901
4 $16.77 $36,619
5 $17.10 $37,352
6 $17.44 $3 8,099
7 $17.79 $38,861
8 $18.15 $39,638
9 $18.51 $40,431
10 $18.88 $41,239
11 $19.26 $42,064
After step 11, 2% per year
42 iznzrob
October 1, 2007 -September 30, 2008
Step Hourly Annual
1 $16.20 $35,370
2 $16.52 $36,077
3 $16.85 $36,799
4 $17.19 $37,535
5 $17.53 $38,285
6 $17.88 $39,051
7 $18.24 $39,832
8 $18.60 $40,629
9 $18.98 $41,441
10 $19.35 $42,270
11 $19.74 $43,116
After step 11, 2% per year
The percentage increase in wages (2.5% as of October 1, each year and 2.0%
increase annually based on the employees anniversary date) as indicated in the
step plan for October 1, 2007 thru September 30, 2008 shall remain in 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, 2008.
31.2 All bargaining unit members employed with the City of Clermont as of the date of
ratification of this agreement will be placed in the appropriate step based on
service as a certified law enforcement officer with the City of Clermont Police
Department. However, any bargaining unit member with prior sworn law
enforcement service shall be increased one (1) step for every three (3) years of
prior service up to a maximum of two (2) steps, retroactive to May 1, 2005 or
their hire date, if the member was hired between May 1, 2005 and the date of
ratification of this agreement. The prior service must have been in the state of
Florida as a full-time sworn law enforcement officer and within one (1) year of
employment with the City.
31.3 All bargaining unit members hired by the City after the date of ratification of this
agreement shall be placed at pay step 1. However, any bargaining unit member
with prior sworn law enforcement service shall be increased one (1) step for every
three (3) years of prior service up to a maximum of two (2) steps at the date of
hire. The prior service must have been in the state of Florida as a full-time sworn
law enforcement officer and within one (1) year of employment with the City.
43 ~2i~2ro~
31.4 All bargaining unit members who receive a rating of satisfactory (34 points) or
higher on their annual performance evaluation shall have their pay rate increased
one (1) step. However, any bargaining unit members who are at step five (5) or
ten (10) on the date immediately preceding the effective date of their annual
performance evaluation and receives a rating of outstanding (65 points or higher)
on their annual performance evaluation shall have their pay rate increase two (2)
steps. The step adjustments will be effective on the bargaining unit member's
employment annual anniversary date.
31.5 All bargaining unit members employed with the City as of the date of ratification
of this agreement shall be paid for any and all increases in pay rate for all hours
worked and leave hours used, retroactive to October 1, 2005 or their hire date, if
the member was hired between October 1, 2005 and the date of ratification of this
agreement. In addition, any and all increases in pay rate shall be paid for all hours
worked and leave hours used during the period May 1, 2005 -September 30,
2005 based on the October 1, 2005 -September 30, 2006 pay scale. The same
shall apply to any and all increases in pay rate for hours worked, leave hours,
from October 1, 2006 thru the date of ratification of this agreement based on the
October 1, 2006 thru September 30, 2007 pay scale provided ratification occurs
during that period. Hours worked shall include regular hours, overtime hours,
field training hours, working out of classification hours and holiday pay.
31.6 The only add on or assignment pay that will be paid to bargaining unit members
are as follows:
A. Criminal Investigative Division
All members of the Criminal Investigative Division shall be compensated
an additional 5% during their assignment to the Criminal Investigative
Division. The 5% increase shall be in addition to the bargaining unit
members' annual step increase.
B. Field Training Officer
Bargaining unit members who have successfully completed the required
Field Training Officer training shall be compensated an additional $1.50
for all hours worked as a field training officer.
C. 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.
44 iznzro6
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 1 lth (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, Investigators shall observe the
holiday on the Friday immediately preceding the holiday. When an official
holiday falls on a Sunday, the Investigators shall observe the holiday on the first
Monday after the holiday. Patrol Officers shall observe the holiday on the actual
holiday.
32.3 Investigators 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.
B. A11 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
45 i2n2ro6
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:
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 a death of a member of
the bargaining unit member's family.
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,
46 iznz~o6
Article 33
Publication of the Agreement
33.1 The Clermont Police Officers Union, Loca16013 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 Officers Union, Loca16013 and the City agree to execute
duplicate originals of this Agreement.
47 ~2r~2ro6
Article 34
Promotions
34.1 Promotions to the position of Sergeant shall be conducted as provided in the
Departments' Standard Operating Procedures.
34.2 If the promoted bargaining unit member does not successfully complete the
probationary period as a Sergeant, 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 off.
48 i2rizro6
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, 2008.
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,
2008.
49 iznz~o6
Article 36
Damage or Loss to Personal Property
36.1 The City shall reimburse an employee 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 employee.
A. Lost or damaged corrective eyewear shall be reimbursed 100°l0 of the cost of
repair or replacement per officer 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 officer 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 employee 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 employee's supervisor is responsible for investigating and making a
recommendation to the Chief of Police concerning the claim.
C. To receive reimbursement, the employee must provide a receipt for the
replacement article and, if possible, the remains of the broken item.
50 ~zrivob
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.
51 ~2n2io6
Article 38
Performance Evaluations
38.1 Newly hired bargaining unit members are subject to two (2), six (6), nine (9) and
twelve (12) month performance evaluations based on their date of hire with the
City and then every twelve (12) months, thereafter based on their date of hire.
Step adjustments based on the overall rating of the employment annual
anniversary evaluation shall be provided to bargaining unit members in
accordance with Article 31.3 of this agreement.
38.2 Bargaining unit members who have been transferred or demoted to another
position covered by this agreement shall also be subject to two (2), six (6), nine
(9) and twelve (12) month performance evaluations based on their date of transfer
or demotion. However, no step adjustments are provided pursuant to these
performance evaluations.
52 i zi i ziob
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fr. ~ /
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Jer ~ t tt, n
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JgNn Lee, 5ecreta
Cindy omelius, E cutive Member
Toby Lev, IUP Attorney
~ '~
Brent Joyne ice President
Kimberly Van Arsdale, Treasurer
/~~~ ,
ck Moriarty, IUPA resentative
NEGOTIATING TEAM FOR THE CITY OF CLERMONT
THIS AGREEMENT APPROVED UPON ADOPTION BY THE CITY COUNCIL OF THE CITY
OF CLERMONT ON THE 12TH DAY OF DECEMBER, 2006.
~.'-~~~
Harold S. Turville Jr., Mayor
53 ivivo6
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seph odwin,~- egotiator/Advisor