20120208 Supp 1m MIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 1
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
February 8, 2012
Mayor Matti Herrera Bower
Vice -Mayor Deede Weithorn
Commissioner Jorge R. Exposito
Commissioner Michael Gbngora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL MATERIAL 1
1
Supplemental Material 1, February 8, 2012
R7 - Resolutions
R7E A Resolution Approving And Authorizing The Issuance Of Towing Permits To Beach Towing Services,
Inc., And Tremont Towing Services, Inc.; Said Permit Terms Commencing On March 1, 2012, And
Expiring On February 28, 2015; And Further, In Conjunction Therewith, Approving Amendment No. 2
To The Administrative Rules And Regulations For Police And Parking Towing Permits; Said
Amendment Providing, Among Other Things, For An Increase To The Permit Fees And Certain
Maximum Allowable Towing Rates; Providing For Certain Enhancements, Public Benefits, And Other
Additional Conditions And Requirements, As Requested By The City And Set Forth In This
Resolution, And All Of Which Shall Be Provided By Permittees In The Manner Prescribed By, And
Within The Timeframes Outlined In Amendment No. 2, As A Condition Of The City's Approval Of This
Resolution And As Consideration For The City's Issuance Of The Permits; And Also, Providing, As A
Further Condition Of Approval Of This Resolution And Consideration For Issuance Of The Permits,
That Beach Towing Services, Inc., On Behalf Of Itself And Including All Related Persons And Entities,
As The Plaintiff And Petitioner In Those Certain Lawsuits Filed Against The City (As Such Lawsuits
Are Set Forth In This Resolution), Dismiss With Prejudice Such Actions That Remain Pending With
Prejudice, And To Execute A Covenant Not To Sue, In A Form Acceptable To The City Attorney, In
Any Administrative Or Judicial Actions, For Itself And All Persons Or Entities Related To It, And Not
To Solicit Or Encourage The Filing By Any Other Person Or Entity, Of Administrative Or Judicial
Actions, Claims Or Issues That Were Or Could Have Been Raised In These Cases; And Also
Providing, As Further Consideration For The City's Approval Of This Resolution And Issuance Of The
Permits, That The City Commission Direct The City Administration And Permittees To Meet To
Discuss And, Within Ninety (90) Days Of Approval Of This Resolution, Have The City Administration
Present Draft Language And An Accompanying Recommendation, To The Finance Citywide Projects
Committee On The Following Additional Initiatives: 1) Temporary Storage Of Towed Vehicles; 2)
Defamation Provision; And 3) Penalties/Fines Schedule.
(Requested by Finance & Citywide Projects Committee)
(Legislative Tracking: Parking Department)
(Additional Information)
R9 - New Business and Commission Requests
R9X Discussion Regarding The Liability Issues Arising From Police Take Home Vehicles.
(Requested by Commissioner Jonah Wolfson)
(Additional Information)
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[NOTE #6: SEE BOLDED ITEMS IN PARAGRAPH 2. ABOVE]
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: February 8, 2012
SUBJECT: Automobile Liability Insurance for Police Officer Take -Home Vehicles
This memorandum is in response to a request made by Commissioner Jonah Wolfson regarding the
need for automobile liability insurance to be obtained to cover take-home vehicles for Miami Beach
Police Officers who are off-duty.
By way of background, on June 6, 2007, the Florida Fourth District Court of Appeal ruled in the case
of Garcia v. City of Hollywood, that municipalities in the State of Florida cannot be held legally liable
for damages, either to property or bodily injury, resulting from a City employee causing an accident
in a City -owned vehicle while not performing their job duties (Attachment A).
As a result of this ruling, on December 14, 2007, our Human Resources Department distributed a
memorandum, entitled "City Vehicles — Liability, Assignment, and Taxation", informing City
employees that any City employee who is driving a City vehicle would be personally liable for any
damages they cause if they are driving the vehicle outside the course and scope of their
employment (Attachment B). The memorandum further explained that employees that have a City
take-home car may be able to purchase insurance for non -owned vehicles as part of their personal
automobile insurance coverage. This policy "rider" is commonly called a "use of non -owned vehicle"
rider and provides both medical and liability coverage when employees are operating a City vehicle
outside the course and scope of their employment, including travelling to and from work in a City -
owned take-home vehicle. At the conclusion of the memorandum, it was reiterated that if such
insurance is not purchased, employees "may be exposed to personal liability in case of an accident
in a City vehicle while not performing job duties." The insurance rider is relatively inexpensive,
averaging $100.00 per year.
According to the Miami Beach Fraternal Order of Police (FOP) William Nichols Lodge No. 8 Union
President, a "vast majority of Police Officers in the City — if not all" carry the use of non -owned
vehicle rider. In 2007, the FOP also sent out a memorandum to all FOP members encouraging
them to obtain additional coverage for their take-home police vehicles (Attachment C). Copies of the
memorandums are still posted on the FOP bulletin board and on the FOP website. Additionally, as
part of the orientation for new police officers, the Garcia v. City of Hollywood case is discussed and
officers are again reminded to ensure that they obtain the necessary individual coverage. This case
and its financial implications were discussed in the most recent orientation session held on
Thursday, February 2, 2012 with all new incoming Miami Beach Police Officers.
The City Attorney's Office has advised that since the collective bargaining agreement between the
City of Miami Beach and the FOP includes a provision regarding take-home vehicles (Section 8.2 —
Police Vehicle Policy), adding the requirement that automobile liability insurance must be obtained to
cover take-home vehicles as a condition of this benefit would need to be collectively bargained
(Attachment D).
T:\AGENDA\2012\2-8-12\Response to Wolfson Re Insurance.docx
7
Agenda Item k 7 K
Date 02-g-(...
4-+ac1ivnetit A
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2007
ROCIO GARCIA, a minor, by and through her parent and best friend,
LAURA GARCIA, and LAURA GARCIA and ARMANDO GARCIA, her
parents,
Appellants,
v.
CITY OF HOLLYWOOD, a political subdivision of the State of Florida,
Appellee.
No. 4D06-970
[ February 21, 2007 ]
HAZOURI, J.
Rocio Garcia, a minor, by and through her parent and best friend,
Laura Garcia, and Laura Garcia and Armando Garcia, her parents
("Garcia"), appeal a final summary judgment entered in favor of the City
of Hollywood ("City"). This case involves personal injuries sustained by
the minor, Rocio Garcia, who as a pedestrian was struck by a vehicle
owned by the City and operated by one of its police officers, Sergeant
Norris Redding ("Sergeant Redding"). The trial court concluded that at
the time of the accident in question, Sergeant Redding was not acting in
the course and scope of his employment with the City, and therefore the
City was not liable as a matter of law. We conclude that there were
issues of fact to be resolved by a jury as to whether Sergeant Redding
was acting within the course and scope of his employment. We therefore
reverse and remand for further proceedings.
The accident in question occurred at approximately 6:00 a.m. on May
19, 2004. At that time, Sergeant Redding was driving to work in a
marked "take-home" vehicle owned by his employer, the City. Sergeant
Redding testified that the "take-home" policy provided that the vehicle
could be driven to and from work. On the morning of the accident,
Sergeant Redding was driving to work from home on the route that he
had been taking on a daily basis for five or six years. As he was driving
that morning, he struck and seriously injured the minor Garcia as she
attempted to cross a roadway in an effort to reach her school bus.
8
Sergeant Redding's shift was to begin at 7 a.m. and he was going to work
early that morning to study for the Lieutenant's exam which was to take
place several months later.
The vehicle "take-home" policy was part of the Collective Bargaining
Agreement between the Broward County PBA and the City which
provided in part that the purpose of the vehicle "take-home" policy was to
provide the appearance of additional police presence. Sergeant Redding's
supervisor, Major Frank McGarry, testified that "take-home" vehicles are
part of the City's employment package and are "only permitted to be used
portal to portal or for off-duty details." McGarry testified that if a police
officer is going to or from home in a police vehicle and witnesses a crime
being committed, the officer must stop and take action. The officer must
also be dressed in uniform and armed when operating a police vehicle.
Garcia argues on appeal that the trial court committed reversible
error in granting Defendant's Motion for Final Summary Judgment
because the facts of this case demonstrate the existence of genuine
issues of material fact as to whether Sergeant Redding was acting within
the "course and scope of employment" at the time of the accident. "The
standard of review of an order granting summary judgment is de novo."
Mobley v. Gilbert E. Hirschberg, P.A., 915 So. 2d 217, 218 (Fla. 4th DCA
2005) (citing Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.
2d 126, 130 (Fla. 2000)). The party moving for summary judgment has
the burden of proving the absence of a genuine issue of material fact.
Holl v. Talcott, 191 So. 2d 40, 43 (Fla. 1966). "If the evidence raises any
issue of material fact, if it is conflicting, if it will permit different
reasonable inferences, or if it tends to prove the issues, it should be
submitted to the jury as a question of fact to be determined by it." Moore
v. Morris, 475 So. 2d 666, 668 (Fla. 1985) (citations omitted).
Garcia asserts a jury issue exists regarding the "course and scope of
employment" because (1) at the time of the accident, Sergeant Redding
was operating a vehicle provided to him by his employer to be used only
for transportation to and from work, (2) the "take-home" vehicle was part
of the City's employment package, and (3) Sergeant Redding was required
to be in uniform while operating the vehicle.
The City argues in response that the trial court properly granted its
motion for summary judgment as a matter of law because the
uncontradicted testimony established that Sergeant Redding had yet to
begin work when the accident occurred and was driving to work a full
hour prior to the start of his shift. Thus, Sergeant Redding was not
-2-
9
acting within the course and scope of his employment at the time of the
accident. Furthermore, the City argues that although Sergeant Redding
was driving a City -owned police vehicle, the ownership of the vehicle
cannot impute liability against the City under the guise of the dangerous
instrumentality doctrine as sovereign immunity had not been waived to
invoke such liability.
The statute at issue in this case is section 768.28(1), Florida Statutes
(2004), which provides:
In accordance with s.13, Art. X of the State Constitution, the
state, for itself and for its agencies or subdivisions, hereby
waives sovereign immunity for liability for torts, but only to
the extent specified in this act. Actions at law against the
state or any of its agencies or subdivisions to recover
damages in tort for money damages against the state or its
agencies or subdivisions for injury or loss of property,
personal injury, or death caused by the negligent or wrongful
act or omission of any employee of the agency or subdivision
while acting within the scope of the employee's office or
employment under circumstances in which the state or such
agency or subdivision, if a private person, would be liable to
the claimant, in accordance with the general laws of this
state, may be prosecuted subject to the limitations specified
in this act... .
The Florida Supreme Court determined that section 768.28, Florida
Statutes, does not make the dangerous instrumentality doctrine
applicable to the State of Florida as "there was clearly no legislative
intent to hold the state vicariously liable by the enactment of section
768.28." Rabideau v. State, 409 So. 2d 1045, 1045 (Fla. 1982). The
supreme court stated, "Any waiver of sovereign immunity must be clear
and unequivocal." Id. at 1046 (citations omitted).
In addition to holding that the dangerous instrumentality doctrine did
not apply, the supreme court affirmed the trial court's entry of summary
judgment in favor of the state on grounds that the employees was not
acting within the scope of his employment at the time of the accident,
even though he had twenty -four -hour -a -day custody of the state vehicle.
Id. The supreme court concluded by holding that "twenty -four-hour
assignment of a state-owned vehicle to a state employee does not enlarge
1 Employee was an investigator for the Secretary of State's Office.
-3-
10
state liability under section 768.28 to include acts committed outside the
employee's scope of employment." Id. (emphasis added). However,
Rabideau is distinguishable from the instant case. In Rabideau, the
state employee had stopped working for the day at approximately 5:30
p.m. and then drove to a bar where he consumed six or seven drinks
before leaving at 9:30 p.m. Id. at 1045-46. While on his way home from
the bar and driving a state-owned vehicle, he hit the plaintiffs. Id. In
this case, the accident occurred as Sergeant Redding drove the vehicle to
the police station an hour before his shift started in order to study for his
Lieutenant's exam.
Section 768.28(1) specifically provides that a waiver of immunity
occurs only if the employee is "acting within the scope of [his or her]
office or employment . . . ." Curtis v. Bulldog Leasing Co., 513 So. 2d
238, 239 (Fla. 4th DCA 1987). Conduct is within the scope of an
employee's employment when it is the type of conduct he or she is
employed to perform, it occurs substantially within authorized space and
time limits, and it is activated at least in part by a purpose to serve the
employer. Salit v. Ruden, McClosky, Smith, Schuster & Russell, P.A., 742
So. 2d 381, 385 (Fla. 4th DCA 1999) (citations omitted).
The City argues that this court's decision in Craft v. John Sirounis &
Sons, Inc., 575 So. 2d 795 (Fla. 4th DCA 1991), establishes that Sergeant
Redding was not acting within the course and scope of his employment
at the time of the accident. In Craft, this court affirmed the trial court's
order entering final summary judgment in favor of the defendants in a
negligence action. Id. at 796. The record showed that the plaintiff got
into a barroom brawl with four "off-duty" police officers in the early
morning hours. Id. "None of the officers was in uniform, carrying a gun,
or wearing a badge." Id. This court determined that the conduct of the
officers was not within the scope of their employment and affirmed the
summary judgment in favor of the employer cities. Id. This court
reasoned that the conduct of the officers was (1) not the type of conduct
that the officers were hired to perform, (2) the conduct did not occur
within the time and space limits authorized or required by the work to be
performed, and (3) the conduct was not activated by a purpose to serve
the employer. Id.
Although Sergeant Redding in this case was also considered "off-
duty," he was on his way to the police station an hour before his shift
started to study for the Lieutenant's exam, in contrast to the officers in
Craft who were drinking at a bar in the early morning hours. In addition,
Sergeant Redding's conduct could satisfy the three requirements set
-4-
11
forth in Salit to be considered within the scope of his employment.
Driving from home to work in a marked police vehicle, while in uniform,
and subject to the requirement that he take police action if necessary,
qualifies as the type of conduct he was required to perform. Also, the
conduct, which occurred only an hour before his regular shift began,
occurred substantially within the authorized or required time and space
limits. Further, driving to work to study for an exam in order to be
promoted to a Lieutenant, and then to begin his shift, is activated by a
purpose to serve his employer.
In her dissent, Judge Gunther relies upon Palm Beach County
Sheriff's Office v. Ginn, 570 So. 2d 1059 (Fla. 1st DCA 1990). We find
Ginn distinguishable. In Ginn, the First District reversed the order of the
judge of compensation claims which found that the injuries of the
claimant law enforcement officer were incurred at a time when the
claimant was acting within the course of his employment. Id. at 1060.
Claimant, a Palm Beach County deputy sheriff, was off-duty and on a
personal errand within the county when he was injured in an automobile
accident. Id. As a fringe benefit of his employment, he had been
provided the sheriff's office vehicle, which he was allowed to use on
personal business and which he was driving at the time of the accident.
Id. The First District reversed, finding that the claimant, although fully
prepared to be called on duty, was not in the process of carrying out any
"primary responsibility, which is the `prevention or detection of crime or
the enforcement of the penal, criminal, traffic, or highway laws of the
state."' Id. at 1060.
Again, by contrast, Sergeant Redding was not on a personal errand,
but rather was driving to work to prepare for an upcoming exam to be
promoted to a Lieutenant. This certainly could be considered evidence of
conduct activated at least in part by a purpose to serve his employer. We
therefore reverse the granting of the final summary judgment and
remand for further proceedings consistent with this opinion.
Reversed and Remanded.
POLEN, J., concurs.
GUNTHER, J., dissents with opinion.
GUNTHER, J., dissenting.
I respectfully dissent.
5
12
The majority concludes that the trial court erred in entering summary
judgment for the City of Hollywood (the City) because Sergeant Redding
was acting in the course and scope of his employment when the marked
police "take-home" vehicle he was driving struck the plaintiff. After
considering the undisputed facts of this case, I conclude that Sergeant
Redding was not acting within the course and scope of his employment,
and therefore, the summary judgment entered in favor of the City should
be affirmed.
I find support for my conclusion in Palm Beach County Sheriffs Office
v. Ginn, 570 So. 2d 1059 (Fla. 1st DCA 1990). In Ginn, the First District
reversed the order of the judge of compensation claims which found that
the injuries of the claimant law enforcement officer were incurred at a
time when the claimant was acting within the course and scope of his
employment. Id. at 1060. The claimant, a Palm Beach County deputy
sheriff, was off-duty and on a personal errand within Palm Beach County
when he was injured in an automobile accident. Id. As a fringe benefit
of his employment, he had been provided with a sheriffs office vehicle,
which he was allowed to use on personal business and which he was
driving at the time of the accident. Id. Prior to the accident, claimant
had been monitoring the police radio in the vehicle, in the event that he
might be called on duty to assist with some law enforcement matter. Id.
Additionally, claimant was wearing a beeper at the time of the accident,
which he was required to possess and monitor at all times as a member
of the sheriff's office emergency field force. Id. In finding that the
claimant was not acting within the course his employment, the First
District held:
The fact that a law enforcement officer is on call for duty and
has a police radio and other indicia of his authority in his
possession is not dispositive in determining whether an off-
duty officer is acting within the course of his employment.
Rather, the issue, pursuant to the provisions of Section
440.091, is whether the officer is carrying out his primary
responsibility, which is the "prevention or detection of crime
or the enforcement of the penal, criminal, traffic, or highway
laws of the state."
Id. The court concluded that although the claimant was fully prepared to
be called on duty, he was not actually on duty when the accident
occurred. Id. at 1061. He was not in the process of carrying out any
"primary responsibility" as delineated by Section 440.091, Florida
Statutes. Id.
-6-
13
Similarly, at the time of the accident, Sergeant Redding was not in the
process of carrying out a "primary responsibility" of his job as a police
officer. He was not engaged in the "prevention or detection of crime or
the enforcement of the penal, criminal, traffic, or highway laws of the
State." Rather, at the time of the accident, which occurred around 5:57
a.m., Redding was off-duty and made the personal decision to go to work
an hour before his shift started at 7:00 a.m. to study for an upcoming
lieutenant's exam. He was not furthering any interest of his employer or
performing any duties of his employment. There was also no evidence
presented that he was following any direction of his employer to come to
work earlier than his normally -scheduled hours. He was simply in
transit to the police station an hour before he was required to report for
work.
As such, I conclude that Sergeant Redding was not acting within the
scope and course of his employment at the time of the accident. Thus, I
would affirm the trial court's order entering summary judgment in favor
of the City.
*
*
Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; John T. Luzzo, Judge; L.T. Case No. 05-009277 18.
Arnold R. Ginsberg of Ginsberg 86 Schwartz, Miami, and Marcos A.
Gonzalez, Coral Gables, for appellants.
Daniel L. Abbott, City Attorney, and Tracy A. Lyons, Assistant City
Attorney, Hollywood, for appellee.
Not final until disposition of timely filed motion for rehearing.
7
14
HUMAN RESOURCES DEPARTMENT
TO: All City Employees
FROM: Ramiro Inguanzo, Human Resources Director
DATE: December 14, 2007
SUBJECT: City Vehicles - Liability, Assignment, and Taxation
A 4-4-Gcli144eKt 2
MEMORANDUM
Through an appellate court ruling based on a case in the City of Hollywood, Florida, the City of
Miami Beach has recently become aware that municipalities in Florida cannot be held legally
liable for damages, either to property or bodily injury, resulting from a City employee causing an
accident in a City -owned vehicle while not performing their job duties. This means that any City
employee who is driving a City vehicle would be personally liable for any damages they cause if
they are driving the City vehicle outside the course and scope of their employment.
The definition of "course and scope of employment" is extremely limited. The employee must
be performing actual job duties while operating a vehicle in order to be deemed to be
within the course and scope of employment. The following are only some examples that are
not considered to be in the "course and scope of employment."
• Traveling to and from work in a City -owned take-home vehicle;
• Operating a City vehicle for any other reason while not performing actual job duties
(including taking a City vehicle to lunch).
Having the ability to communicate with the City via phone, radio, or other means of
communication, wearing a City uniform, having arrest powers (in the case of Police Officers), or
having the use of the vehicle pursuant to any collective bargaining agreement, are not
considered to be within the course and scope of employment. In order for the City to be even
potentially liable, the employee must have been performing their actual job duties while
operating the vehicle.
In the event that a claim for damages is made against the employee, and either through
admission or through a legal proceeding the employee is found to be liable, the payment of
damages and even litigation expense is the responsibility of the employee. City funds may not
be utilized to pay for damages under these circumstances.
If you have a City take-home car, you may be able to purchase insurance for non -owned
vehicles as part of your own personal automobile insurance coverage. While the expense for
this is not covered by the City, the cost of this type of insurance is usually minimal. However,
employees must investigate the coverage and respective costs as individuals, and make the
best determination for their own personal circumstances. If additional insurance coverage is not
purchased, you should be aware that you may be exposed to personal liability in case of an
accident in a City vehicle while not performing job duties. If you have any questions regarding
this issue, please feel free to contact Cliff Leonard, Risk Manager, at x6435 or via e-mail at
cliftonleonard(a miamibeachfl.gov
(Over To Page 2)
15
Re: City Vehicles —Liability Insurance, Assignment, and Taxing
December 14, 2007
Page 2 of 2
Assignments
Please remember that vehicle assignments, both Individual Vehicle Assignments (Non -Take
Home) and Take -Home Vehicle Assignments, must be approved by your department director,
Fleet Management Director, the appropriate Assistant City Manager and ultimately the City
Manager before the assignment is made and approved (please refer to the City Vehicle Policy).
If you have questions regarding whether or not you have an assigned take-home vehicle, please
refer to your supervisor or Drew Terpak, Fleet Management Director at x3601 or via e-mail at
andrewteroakamiamibeachfl.gov
Taxation
According to federal tax regulations, take-home vehicles, with the exception of clearly marked
Police and Fire vehicles and unmarked vehicles used by law enforcement officers, must be
taxed as income. Going forward, all take-home vehicle assignments will be taxed on a bi-weekly
basis instead of an annual basis as has been done in the past, which will be reflected in the
employee's bi-weekly paycheck. If you have any questions regarding the taxing of a take-home
vehicle, please contact Georgie Echert, Assistant Finance Director, at x6479 or via e-mail at
georgieechert cr_miamibeachfl.gov
Thank you for your cooperation.
F:\huma\$aII\Kristin\JMG and RI Correspondence\Taking Home City Vehicles - No Coverage.doc
16
H-Qckkiteg
lAmj -.BEACH
FRATERNAL ORDER OF POLICE
WILLIAM NIPHOL$ LODGE
POP MEWS
TAKE-HOME VEHICLE INSURANCE RIDERS
I have received numerous_ inquires from
-
members. regarding liability insurance for take-home
vehicles The recent court decision Of ,..Garcia vs.
Pity of Hollywood has brought thisto light. Garcia sued
the -,City for an .accident that involved one, of their officers
on his Way to -work in a take-home vehicle. The -,court
ruled that theldity has no liability because the officer was
not on -duty at the time of the accident and therefore the
officer is 'personally liable.
It is recommended, that until this court decision is
reversed, that all members who participate in the
Take-Rarno Vehicie. Program purchase an -non-owner
insurance rider for liability and medical coverage. The
average cost for this additional 'insurance is approximately
t60.4210 per year depending on your insurance <company.
Should you have any further questions, please feel free
to contact me.
Fraternally yours,
Alex Bello, Secretary
17
AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
and
MIAMI BEACH FRATERNAL ORDER OF POLICE
WILLIAM NICHOLS LODGE NO. 8
Period Covered
October 1, 2009 through September 30, 2012
18
TABLE OF CONTENTS
PAGE NUMBER
AGREEMENT & PREAMBLE 1
ARTICLE 1. RECOGNITION 2
ARTICLE 2. DEDUCTION OF DUES 3
Section 2.1. Check -off 3
Section 2.2. Legal Services Trust Fund 4
Section 2.3. Indemnification. 4
ARTICLE 3. GRIEVANCE PROCEDURE 5
Section 3.1. Definition of Grievance and Time Limit for Filing 5
Section 3.2. Grievance Procedure 5
Step 1 5
Step 2 6
Step 3 6
Section 3.3. Binding Arbitration 6
Section 3.4. Authority of Arbitrator 6
Section 3.5. Expenses of Arbitration
Section 3.6. Processing Grievances 7
Section 3.7. Election of Remedies 7
Section 3.8. Probationary Period 7
Section 3.9. FOP Grievance Committee 7
Section 3.10. Waiver of Time Limitations or Steps 7
-7
ARTICLE 4. NO STRIKE AND NO LOCKOUT
Section 4.1. No Strike
Section 4.2. No Lockout
ARTICLE 5.
ARTICLE 6.
8
8
8
9
MANAGEMENT RIGHTS
POLICE EQUIPMENT 10
FOP -
19
TABLE OF CONTENTS, continued
PAGE NUMBER
ARTICLE 7. HOURS OF WORK AND OVERTIME 11
Section 7.1. Purpose 11
Section 7.2. Normal Workweek 11
Section 7.3. Four -Day Workweek 11
Section 7.4. Weekly Overtime 11
Section 7.5. Distribution of Overtime Opportunity 11
Section 7.6. No Pyramiding. 12
ARTICLE 8. WAGES AND FRINGE BENEFITS 13
Section 8.1. Wages 13
Section 8.2. Police Vehicle Policy 13
Section 8.3. Compensation Plan 15
Section 8.4. Step and Longevity Increases 16
Section 8.5. Shift Differential 16
Section 8.6. Holidays 17
Section 8.7. Vacation Benefits 17
Section 8.8. Sick and Vacation Leave Accrual and Payment on Termination 17
Section 8.9. Bereavement 18
Section 8.10. Court Time Compensation 18
Section 8.1 1. Out -of -Classification Pay 19
Section 8.12. Standby Pay 19
Section 8.13. Call -In Pay 19
Section 8.14. Sunglasses and Prescription Glasses 20
Section 8.15. Field Training Officer 20
Section 8.16. Injury Service Connected 20
Section 8.17. Special Assignment Allowance 21
Section 8.18. Extra Weapon 21
Section 8.19. Quality of Life 21
Section 8.20. Forced Holdover 21
Section 8.21. Pension and DROP 22
Section 8.22. Premium Pay Supplement 27
Section 8.23. Buyback of Probationary Time 27
Section 8.24. "Me Too" with the IAFF 27
Section 8.25. CJSTC Police Instructor Incentive Pay 27
FOP -
20
TABLE OF CONTENTS, continued
PAGE NUMBER
ARTICLE 9. F.O.P. HEALTH TRUST
Section 9.1.
Section
Section
Section
Section
Section
Section
Section
Section
29
29
9.2. 31
9.3. 32
9.4. 32
9.5. 32
9.6. 32
9.7 33
9.8. 33
9.9. 33
ARTICLE 10. EDUCATIONAL LEAVE AND TUITION REFUND 34
ARTICLE 11.
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
ARTICLE 12.
ARTICLE 13.
ARTICLE 14.
GENERAL PROVISIONS
1 1 .1. Safety and Health
11.2. FOP Activity and Non -Discrimination
11.3. Reduction In Work Force
1 1.4. Uniforms and Clothing Allowance
11.5. Disclosure of Records
11.6. Transfers
1 1 .7. Meeting Between Parties
11.8. Negotiating Sessions
11.9. Job Descriptions
1 1.10. Defense of Members
1 1.1 1. Personnel Rules and Departmental Manual
1 1 .12. Incorporation of Personnel Rules
11.13. Medical Leave of Absence
35
35
35
35
36
36
36
37
37
37
37
37
37
38
39
41
SEPARABILITY
TIME BANK
DRUG TESTING
FOP - iv
21
TABLE OF CONTENTS, continued
PAGE NUMBER
ARTICLE 15. HEART DISEASE PRESUMPTION 42
ARTICLE 16. PROMOTIONS 43
Section 16.1. 43
Section 16.2. 43
Section 16.3. 43
Section 16.4. 44
Section 16.5. Seniority Points 44
Section 16.6. Book Committee 44
Section 16.7. Written Test Scoring 44
Section 16.8. Assessment Center or Behavioral Assessment Component
Challenges 45
Section 16.9. 45
Section 16.10. 45
ARTICLE 17. F.O.P. PRESIDENT 46
Section 17.1. 46
Section 17.2. 46
Section 17.3. 47
ARTICLE 18. REOPENER 48
ARTICLE 19. ENTIRE AGREEMENT 49
ARTICLE 20. TERM OF AGREEMENT 50
ELECTION OF REMEDY FORM 51
HEARING EXAMINER RULES 52
APPENDIX A — COMPENSATION PLAN 54
FOP - v
22
AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2010, by
and between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the MIAMI
BEACH FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 (herein called the
"FOP").
PREAMBLE
WHEREAS, the FOP has been selected as the sole and exclusive bargaining
representative by a majority of employees in the certified bargaining unit set forth in Article 1,
and has been recognized by the City pursuant to the laws of the State of Florida as the sole and
exclusive bargaining representative for said employees; and
WHEREAS, it is the intention of the parties to this Agreement to provide in manner which
is binding and superior to ordinances and personnel rules of the City, for a salary schedule,
fringe benefits, and conditions of employment of the employees covered by this Agreement, and
to provide for the continued and efficient operation of the City's Police Department: and to
provide for an orderly and prompt method of handling and processing grievances; and
WHEREAS, the FOP and the City agree to seek and maintain high standards for the
operation of the Police Department;
NOW, THEREFORE, the parties agree as follows:
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ARTICLE 1
RECOGNITION
The City recognizes the FOP as the sole and exclusive bargaining representative for the purpose
of wages, hours, and other terms and conditions of employment for employees in the following
classifications in the Police Department (hereafter "employees"):
Trainees
Police Officers
Sergeants
Lieutenants
Detention Officers
All other employees in other existing classifications are specially excluded.
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ARTICLE 2
DEDUCTION OF DUES
Section 2.1. Check -off. Upon receipt of a lawfully executed written authorization from an
employee which is presented to the City by an official designated by the FOP in writing, the City
agrees during the term of this Agreement to deduct biweekly FOP dues of such employees from
their pay and remit such deductions to the FOP Treasurer within fourteen (14) calendar days
however, such authorization is revocable at the employee's will upon thirty (30) days' written
notice to the City and the FOP. The City shall deduct the dues from the FOP members who have
authorized such a deduction in the following manner: Each member's bi-weekly wages shall be
reduced by the amount equal to one and one half percent (1.5%) of the annual minimum of the
pay range of the Police Officer Classification, divided by twenty-six (26) pay periods.
For example:
The current annual minimum for the Police Officer Classification is $51,756.36.
$56,756.36 x .015=$776.34 / 26 = $29.86
$29.86 shall be deducted biweekly from the member's paycheck.
The FOP shall be responsible for advising the City of any change in the percentage of dues
calculation in writing. The City shall revise the calculation for each authorized deduction
whenever a change to the annual minimum of the pay range of the Police Officer Classification is
made, or whenever so notified in writing by the FOP of a change in the percentage.
The City agrees 10 use diligence in making prompt delivery of monies owed to the FOP. The
charge for dues deductions shall be calculated by multiplying one average run of check -offs by
four (4) and multiplying the product by seven cents ($0.07). The City shall notify the FOP of the
amount owed no later than September 1 of each year. The FOP shall make payment to the City
no later than September 30 of each year. The FOP will notify the City in writing of the exact
amount of such uniform membership dues to be deducted. The FOP will notify the City thirty (30)
days prior to any change in its dues structure or if there are additions or deletions to the
established check -off list.
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Section 2.2. Legal Services Trust Fund. If the FOP establishes a Legal Services Trust
Fund, upon receipt of a lawfully executed written authorization from an employee which is
presented to the City by an official designated by the FOP in writing, the City agrees during the
term of this Agreement to take biweekly deductions from such employees from their pay and remit
such deductions to the Trustee within fourteen (14) calendar days; however, such authorization is
revocable at the employee's will upon thirty (30) days' written notice to the City and the FOP.
There will be no charge to the FOP for Legal Services Trust Fund deductions.
The FOP will notify the City in writing of the exact amount of such uniform Legal Services Trust
Fund deductions. The FOP will notify the City thirty (30) days prior to any change in the
deduction structure or if there are additions or deletions to the established Legal Services Trust
Fund deduction structure.
Section 2.3. Indemnification. The FOP agrees to indemnify and to hold the City harmless
against any and all claims, suits, orders, or judgments brought or issued against the City as a
result of any action taken or not taken by the City under the provisions of this Article; provided,
that the City will not be indemnified or held harmless for any intentional tort. This indemnification
is not intended to cover claims made by, or on behalf of the FOP.
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ARTICLE 3
GRIEVANCE PROCEDURE
Section 3.1. Definition of Grievance and Time Limit for Filing. A grievance is a
dispute involving the interpretation or application of the express terms of this Agreement,
excluding matters not covered by this Agreement; or where Personnel Board rules and regulations
are involved; provided that disciplinary actions, including discharges, may be grieved under this
Article, as provided herein. See Section 3.7 (Election of Remedies) for procedures to be utilized
in particular circumstances. No grievance shall be entertained or processed unless it is submitted
within twenty (20) workdays (excluding Saturday, Sunday, or holidays recognized by the City)
after the occurrence of the first event giving rise to the grievance or within twenty (20) workdays
after the employee, through the use of reasonable diligence, should have obtained knowledge of
the occurrence of the first event giving rise to the grievance.
Section 3.2. Grievance Procedure. The FOP shall have the right to initiate and process
grievances on its own behalf or on behalf of named members of the bargaining unit. However,
the FOP shall have the right in its sole discretion not to process grievances on behalf of
bargaining unit members who are not members of the FOP, provided it notifies said employee of
its decision not to proceed. Grievances shall be processed, individually, as follows:
Step 1: The grievance shall be presented, in writing on the Grievance Form supplied
by the City, to the employee's unit or division commander or a designated
representative, who shall answer within five (5) workdays after such receipt.
The employee will also provide the FOP with a copy of said grievance.
Step 2: If the grievance is brought by the FOP on its own behalf, or if the grievance
is brought on behalf of an individual(s) and is not settled in Step 1 and an
appeal is desired, it shall be referred in writing to the Chief of Police (Chief)
or his designee. The Election of Remedy Form shall be completed and
signed by the FOP and/or the grievant, and attached to the Step 2
grievance. The Chief shall discuss the grievance within ten (10) workdays
with the employee and the FOP grievance committee at a time designated by
the Chief. If no settlement is reached, the Chief shall give the City's written
answer to the employee and the FOP grievance committee within five (5)
workdays following their meeting.
Step 3: If the grievance is not settled in Step 2 and both the employee and FOP
grievance committee desire to appeal, or if it is a class grievance filed by the
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FOP and at least one employee of the named class and FOP grievance
committee desire to appeal, it shall be appealed in writing to the City
Manager or his designee for Labor Relations within fifteen (15) workdays
after the City's answer in Step 2. A meeting between the City Manager or
his designee, the employee, and the FOP grievance committee shall be held
at the time designated by the City Manager within fifteen (15) workdays. If
no settlement is reached, the City Manager shall give City's written answer
to the employee and the FOP grievance committee within fifteen (15)
workdays following the meeting.
Section 3.3. Binding Arbitration. If the grievance is not resolved in Step 3 of the
grievance procedure, the FOP grievance committee, with the concurrence of the employee who
filed the grievance, or if it is a class grievance filed by the FOP, with the concurrence of at least
one employee of the named class, or if it is a grievance filed by the FOP on its own behalf, may
refer the grievance to binding arbitration within fifteen (15) after receipt of the City's answer in
Step 3. The parties shall attempt to agree upon an arbitrator within fifteen (15) workdays after
receipt of notice of referral and in the event the parties are unable to agree upon an arbitrator
within said fifteen (15), the parties shall jointly request the Federal Mediation and Conciliation
Service to submit a panel of five (5) arbitrators. Both the City and the FOP shall have the right to
strike two names. The name remaining after the City strikes shall be the arbitrator. The arbitrator
shall be notified of his selection within five (5) workdays by a joint letter from the City and the
FOP requesting that he advise the parties of his availability for a hearing. The parties may select
a permanent arbitrator in lieu of the selection procedure set forth in this section.
Section 3.4. Authority of Arbitrator. The arbitrator shall have no right to amend, modify,
ignore, add to, or subtract from the provisions of this Agreement. He shall consider and decide
only the specific issue submitted to him in writing by the City and the FOP, and shall have no
authority to make a decision on any other issue not so submitted to him. The arbitrator shall
submit in writing his decision within thirty (30) days following the close of the hearing or the
submission of briefs by the parties, whichever is later, provided that the parties may mutually
agree in writing to extend said limitation.
The decision shall be based solely upon his interpretation of the meaning or application of the
express terms of this Agreement to the facts of the grievance presented. If the arbitrator acts in
accordance with this Section, the decision of the arbitrator shall be final and binding.
Section 3.5. Expenses of Arbitration. The fee and expenses of the arbitrator and the cost
of a written transcript shall be divided equally between the City and the FOP; provided, however,
each party shall be responsible for compensating its own representatives or witnesses.
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Section 3.6. Processing Grievances. All grievance discussions and investigations shall
take place in a manner which does not interfere with the operation of the Police Department. Any
time spent by the Grievance Committee of the FOP in discussions or processing grievances at
Step 1, 2, or 3 during their working hours shall not result in a loss of earnings or benefits.
Section 3.7. Election of Remedies. Disciplinary actions may be grieved (1) under the
grievance/arbitration provisions contained in this Article or (2) to a Hearing Examiner, who shall
be selected by utilizing the procedures outlined in Section 3.3 of this Article. A grievance
involving the interpretation or application of this Agreement may be grieved solely under the
grievance/arbitration provisions contained in this Article. Grievances regarding certain non -
disciplinary matters, such as disagreements as to the waiving or application of changes to
personnel rules or other work rules or policies may be filed via the Personnel Board procedures.
The decision of the hearing officer shall be final & binding. The cost of a Hearing Examiner shall
be borne by the City. Any proceedings before the Hearing Examiner shall be conducted
pursuant to the attached Hearing Examiner Rules.
Section 3.8 Probationary Period. Nothing herein shall in any way affect the discretion
presently accorded the Chief of Police with respect to employees in their probationary period
following hire or in their probationary period following promotion. It is specifically understood by
the parties that the exercise of the Police Chiefs discretion in this regard shall not in any way be
subject to the grievance procedure set forth herein.
Section 3.9 FOP Grievance Committee. The FOP shall appoint a Grievance Committee
of not more than three (3) members, and shall notify in writing the Police Chief and the City
Manager's designee for Labor Relations of the name or names of the employee or employees
serving on this committee and of any changes in the numbers of this committee. The members of
this committee may not conduct any investigation while on duty without receiving the permission
of the Police Chief, or in his absence, the duly authorized representative acting in his behalf;
however, such permission shall not be unreasonably withheld. Department clerical personnel will
not be used by the grievance committee in grievance matters. The grievance committee shall not
unreasonably use other departmental resources for the purpose of conducting grievance -related
work.
Section 3.10 Waiver of Time Limitations or Steps. The parties may mutually agree in
writing to extend any of the time limitations set forth above for the processing of grievances and
may also waive any of the intermediate steps of the grievance procedure in writing.
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ARTICLE 4
NO STRIKE AND NO LOCKOUT
Section 4.1. No Strike. The parties hereby recognize the provisions of Chapter 447, Florida
Statutes, which define strikes, prohibit strikes, and establish penalties in the case of a strike, and
incorporate those statutory provisions herein by reference.
Section 4.2. No Lockout. The City will not lockout any employees during the term of this
Agreement as a result of a labor dispute with the FOP.
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ARTICLE 5
MANAGEMENT RIGHTS
It is recognized that except as stated herein, the City shall retain all rights and authority necessary
for it to operate and direct the affairs of the City and the Police Department in all of its various
aspects, including, but not limited to, the right to direct the work force; to plan, direct, and control
all the operations and services of the Police Department; to determine the methods, means,
organizations, and personnel by which such operations and services are to be conducted; to
assign and transfer employees; to schedule the working hours; to hire and promote; to demote,
suspend, discipline or discharge for just cause, or relieve employees due to lack of work or for
other legitimate reasons; to make and enforce reasonable rules and regulations; to change or
eliminate existing methods, equipment, or facilities; provided, however, that the exercise of any of
the above rights shall not conflict with any of the expressed written provisions of this Agreement
and that a grievance may be filed alleging such a conflict.
The City shall not employ more than thirty-eight (38) Reserve Police Officers. No Reserve Police
Officers will be authorized to perform off-duty work as a police officer, unless reasonable efforts
to fill an off duty job with bargaining unit members fails. Reserve Officers shall be compensated
one dollar ($1.00) per fiscal year.
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ARTICLE 6
POLICE EQUIPMENT
The City agrees to continue the current policy of issuing equipment which includes shirts, pants,
footwear, leather, department issued weapons, ammunition, handcuffs, expandable batons, Tight
and heavy jackets, rain gear and traffic templates. Additionally, the City will supply an initial
issue whistle to all patrol officers. Replacement of whistles shall be at the officer's expense. To
the extent that a flashlight is a required article of equipment, the City shall provide it. The City
will reimburse employees for the cost of replacement of protective vests up to a maximum of
$550.00, when needed. However, effective upon ratification of this Agreement, as long as the
City is a recipient of the U.S. Department of Justice Bulletproof Vest Partnership (BVP) Grant, the
City will reimburse employees for the cost of replacement of protective vests up to a maximum of
$750.00, when needed. If the City is no longer a recipient of the BVP Grant, then the
reimbursement rate shall revert back to the $550.00 amount.
Necessary ammunition will be issued to each employee every twelve (12) months to guarantee
reliability of the ammunition.
Retiree Service Weapon
A bargaining unit member who retires in good standing from the City shall receive his/her
service firearm upon retirement provided that the member does not retire in lieu of termination.
The Police Chief (or designee) shall have the right to deny this benefit for any justifiable reason to
be approved in conjunctions with the Human Resources Director (or designee).
All bargaining unit members who retire due to in-service connected injuries/disabilities regardless
of creditable years of service with the City's Police Department shall be eligible to receive their
service firearm.
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ARTICLE 7
HOURS OF WORK AND OVERTIME
Section 7.1. Purpose. This Article is intended to define the normal hours of work and to
provide the basis for the calculation and payment of overtime. It shall not be construed as a
guarantee of hours of work per day or per week, or of days of work per week.
Section 7.2. Normal Workweek. The normal workweek shall consist of forty (40) hours
per week and such additional time (subject to Section 7.4 and 7.5 below) as may from time to
time be required in the judgment of the City to serve the citizens of the City. The workweek shall
begin with the employee's first regular shift each week. All hours scheduled in the normal
workday will be consecutive. An employee called in early in advance of his normal shift starting
time will not be sent home early on such day for the purpose of avoiding overtime unless such
employee is in agreement with the request to leave early; provided, however, that except as
limited by Section 7.3 below, the City shall retain its right to establish and modify normal work
schedules.
Section 7.3. Four -Day Workweek. The City shall extend the present policy of a four (4)
day workweek to all employees in the bargaining unit except employees on light duty because of
injuries or illness which are not service connected. Employees who suffered a service connected
injury or illness and who are permitted to work light duty may work up to thirty-two (32) weeks,
measured non -consecutively from the date of injury, on light duty on a 4-10 schedule, or to
receive ISC payments for thirty-two (32) weeks, or a combination of both. Thereafter, the officer
may be assigned to work a 5-8's shift in a light duty assignment during the pendency of his/her
light duty. Positions occupied by employees who are permitted to elect either a 4-10 or a 5-8
work schedule shall continue on that basis. Detention Officers will continue to work a 5-8 work
schedule.
Section 7.4. Weekly Overtime. For all hours worked in excess of forty (40) hours during
an employee's workweek, the City will pay the employee one and one-half (1-1/2) times the
employee's straight time hourly rate of pay. The current practice for calculating hours worked
will remain in effect.
Section 7.5. Distribution of Overtime Opportunity.
A. Overtime is recognized as being of three (3) general types within the Police
Department:
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1. Carry-over Overtime - Overtime for work carried over from
an employee's regular duty assignment (e.g., uniform officer on
arrest; detectives' on-going investigations). "Carry-over Overtime"
shall not be subject to equal distribution rules.
2. Staffing Overtime - Overtime due to staffing needs. Staffing
Overtime shall be distributed on a rotating basis, as equally as
practicably possible, among employees in the particular work unit
who are qualified to perform the particular overtime work, by
departmental seniority.
Employees who are not in the particular work unit or division will
not be assigned to Staffing Overtime unless reasonable attempts to
assign employees from within the work unit or division have failed.
3. Special Event Overtime - Overtime for planned events or
assignments. Special Event Overtime shall be distributed on a
rotating basis, as equally as practicably possible, among all
sworn employees in the Department who are qualified to perform
the particular overtime work, by departmental seniority.
B. Records for Staffing Overtime will be maintained at the Platoon or work section
level. Records for Special Event Overtime will be maintained at the Department
level.
C. Pay for overtime work will be paid no later than two (2) full pay periods
following the pay period in which the overtime/court attendance slip is submitted
and approved by the employee's supervisor.
Section 7.6. No Pyramiding. Compensation shall not be paid more than once for the
same hours with the exception of the assignment of "guaranteed minimum hours" provided for in
Section 8.3, entitled CaII in Pay; Section 8.10, entitled Court Time Compensation; and/or Off -
Duty Assignments as outlined in the Department's Standard Operation Procedures (SOP's); or any
other guaranteed minimum hours that are established during the term of this Agreement.
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ARTICLE 8
WAGES AND FRINGE BENEFITS
Section 8.1. Wages.
a) Effective with the first pay period ending in October of 2009, there shall be no across-
the-board wage increase.
b) Effective with the first pay period ending in October of 2010, there shall be no across-
the-board wage increase.
c) Effective with the first pay period ending in October of 2011, there shall be no across-
the-board wage increase. Effective with the first full pay period in April 2012, there shall
be an across-the-board wage increase of three percent (3%).
Section 8.2. Police Vehicle Policy. In an effort to reduce the long-term costs to the City in
maintenance, repairs and liability, a take-home vehicle program will continue on a phased -in
process to the extent that funds are available in compliance with State and Federal law from the
Police Confiscated Fund.
Purchase Orders for the purchase of the vehicles for the take-home program shall be issued within
60 days after the receipt of the State of Florida contracted bid prices (estimated in January of
each year). Bargaining unit members who are participants in the Take -Home Vehicle Program as
of October 1, 1997, shall continue in the Take -Home Vehicle Program as prescribed by the City
Commission approved Policy and the Department S.O.P. Thereafter, priority for allocation of
take-home cars shall be given to all eligible personnel by Departmental seniority.
To defray the operating expense incurred by the City as a result of the non -official use of take-
home vehicles, employees shall be assessed a user fee for each biweekly period in which they
have a car assigned to them. The fee shall be based on the location of their primary residence as
shown below:
LOCATION BI -WEEKLY FEE
Miami Beach -0-
Dade County (other than Miami Beach) $25.00
Broward County $30.00
Palm Beach County (as limited below) $45.00 or $75.00
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Effective with the pay period upon ratification of this Agreement, employees will contribute an
additional seven dollars ($7.00) take-home vehicle user fee for an eighteen (18) month rolling
period. The additional seven ($7.00) contribution will be added to the take-home vehicle user fee
amounts prescribed above. Upon the completion of the eighteen (18) month rolling period, the
take-home user fee will revert back to the take-home vehicle user fee that is based on the location
of the employee's primary residence as provided for above.
The take-home vehicle program shall be available to any sworn officer who was hired before July
18t, 2001 [the ratification date of 2000-2003 Agreement] who resides in Miami -Dade or
Broward County. Except as stated in this section, the take-home vehicle program shall not be
available to any sworn officer who is hired on or after July 181x', 2001 [the ratification date of the
2000-2003 Agreement] (except police applicants in the background process) and resides outside
of Miami -Dade County but is available to a sworn officer who is living outside Miami -Dade
County and moves back to Miami -Dade County.
As of July 2010, there were one hundred ten (110) cars allocated in the take home vehicle
program for Broward County. Going forward, a number of vehicles to be determined (but no less
than one hundred ten (110) vehicles) by the mutual agreement of the Police Chief and the FOP
will be allocated for Broward County.
The four (4) police officers currently residing in Palm Beach County will be allowed to retain their
take home cars and will continue to pay at their current rates (i.e., the $45.00 or $75.00 that
applied to each of them respectively per the terms of the 2003-2006 Agreement) for their
vehicles. When each one of these four (4) employees separate from City employment, the
number of Palm Beach cars will be reduced as each employee leaves. Whenever one (1) of the
four (4) Palm Beach County cars is eliminated, the number of Broward County take home cars will
be increased by that same number. However, effective with the pay period upon ratification of
this Agreement, these employees will contribute an additional seven dollars ($7.00) take-home
vehicle user fee for an eighteen (18) month rolling period. The additional seven dollar ($7.00)
contribution will be added to the take-home vehicle user fee amounts prescribed above. Upon the
completion of the eighteen (18) month rolling period, the take-home user fee will revert back to
the take-home vehicle user fee that is based on the location of the employee's primary residence
as provided for above.
Employees may not park their cars in a location so as to circumvent the restrictions outlined in this
section.
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Section 8.3. Compensation Plan.
A). Entry Level Pay - Hired on or after October 1, 1997
Police Officer
a) Non -Certified Hire - A newly hired, non -certified Police Officer will be placed in
the Police Officer Trainee Step 1 rate of pay while attending the Police Academy
and until he/she receives notification of passing the State Certification
examination. The pay period following the notification of passing the State
Certification examination the bargaining unit employee will be placed in Police
Officer Trainee Step 2 rate of pay for the duration of his/her first year of service.
Upon completing his/her first year of service, in accordance with Section 5
below, the bargaining unit employee shall be placed in Step A.
b) Non -Florida Certified Hire Academy Required - A newly hired, Non -Florida
certified Police Officer who is required to attend the Police Academy will be
placed in the Police Officer Trainee Step 2 rate of pay while attending the
Academy and until he/she receives notification of passing the State Certification
examination. The pay period following the notification of passing the State
Certification examination, the bargaining unit employee will be placed in Police
Officer Trainee Step 3 rate of pay for the duration of his/her first year of service.
Upon completing his/her first year of service, in accordance with Section 5
below, the bargaining unit employee shall be placed in Step A.
c) Certified Hire with Tess than one (1) year of experience A newly hired Police
Officer with Tess than one (1) year of experience who is not required to attend
the Police Academy shall be placed in the Police Officer Trainee Step 3 rate of
pay for his/her first six (6) months of service and Step A for the duration of
his/her first year of service.
d) Certified Hire with or greater than one (1) year but less than three (3) years of
experience - A newly hired Police Officer with or greater than one (1) year but
less than three (3) years of experience shall be placed in Step A for the duration
of his/her first year of service.
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e) Certified Hire with or greater than three (3) years of experience - A newly hired
Police Officer with or greater than three (3) years of experience shall be placed
in Step B for the duration of his/her first year of service.
Detention Officer
A newly hired Detention Officer will be placed in Step A of the pay scale for the
duration of his/her first year of service.
13-1 State Certification Re-examination - In the event a newly hired Police Officer who
is required to take the State Certification examination fails to pass said examination,
he/she shall be placed on a leave of absence without pay until such time as he/she
passes the State Certification examination. Said bargaining unit employee shall sign up
for the next scheduled examination in the State of Florida and take the examination at
his/her expense. In the event the bargaining unit employee fails the re-examination,
his/her employment with the City shall terminate.
Section 8.4. Step and Longevity Increases. All step and longevity increases shall
become effective on the payroll period commencing nearest the employee's anniversary date, as
per current practice. A step increase shall be awarded based upon the employee receiving a
satisfactory evaluation during that rating period, as per current practice.
Section 8.5. Shift Differential. At the time this Agreement was executed, the City
maintained three standard shifts of work to -wit: a first shift starting approximately 11:00 p.m.; a
second shift (also called "Day Shift") starting approximately 7:00 a.m.; and a third shift (also
called "Afternoon Shift") starting approximately 3:00 p.m. For all work by the third shift
performed after 3:00 p.m., effective October 1, 2006, the e shift differential pay of forty-five
cents ($.45) per hour shall be increased to seventy-five cents ($.75) per hour, which shall be
added to the employee's hourly rate; and effective October 1, 2006, for all work by the first shift
performed after 1 1:00 p.m., the shift differential pay of seventy-five cents ($.75) per hour shall be
increased to one dollar ($1.00) per hour, which shall be added to the employee's hourly rate. If
the City rearranges the shift scheduling or establishes any new shift, shift differential pay shall
follow the above formula based on the time period in which a majority of hours are worked by
the employee. Thus, if a majority of the non-standard shift hours are after 3:00 p.m., all the shift
differential pay for all post 3:00 p.m. hours, effective October 1, 2006, shall be changed to
seventy-five cents ($.75) per hour. If a majority of the non-standard hours are after 11:00 p.m.,
all the shift differential pay for all post 11:00 p.m. hours, effective October 1, 2006 shall be
changed to one dollar ($1.00) per hour.
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Section 8.6. Holidays. Consistent with the City Commission holiday resolution and current
department practices, the holiday benefits presently enjoyed by the employees covered by this
Agreement shall continue. Employees shall be paid double time for all hours worked on a
holiday. Employees whose day off falls on a holiday shall be given another day off if they work
on that holiday.
The following holidays shall be recognized as follows:
Holidays Recognized Date
New Years Day January 1
Independence Day July 4
Veterans Day November 11
Christmas Day December 25
Section 8.7. Vacation Benefits. Consistent with applicable ordinances, the vacation
benefits presently enjoyed by the employees covered by this Agreement shall continue.
In the event an employee is not allowed to take a vacation because of scheduling by the City, he
will, at the option of the City, either be paid in lieu of vacation time not used, or be allowed to
accumulate into the next calendar year pursuant to existing rules governing accumulation.
However, in no event shall an employee be penalized by losing accumulated vacation time
because he was unable to use it because of departmental needs. This Section shall not apply to
sick leave accumulation.
Section 8.8. Sick and Vacation Leave Accrual and Payment on Termination. All
employees covered by this Agreement shall, under applicable ordinances, rules, and regulations,
be allowed to accrue no more than 500 hours on an annual basis, and, except in accordance
with provisions for postponement of vacation leave as set forth in Article 8, Section 7, of this
Agreement; be permitted to transfer sick leave in excess of 360 hours to vacation leave at the
rate of two days' sick leave to one day vacation leave to be used in the pay period year when
transferred; be permitted a maximum payment at time of termination, death, or retirement of, no
more than 620 hours vacation leave and one half ('h) of sick leave to a maximum of 600 hours.
1. All members covered under this Agreement shall be entitled to a termination payout of
one-half ('/z) of his/her accrued sick leave up to a maximum payout of 600 hours.
2. An annual sick leave sell back program (payable on a dollar for dollar basis) will be
established and implemented as stated in this section. The annual sick leave "sell back
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period' shall cover each of the following fiscal years: October 1, 2005 through
September 30, 2006; October 1, 2006 through September 30, 2007; October 1, 2007
through September 30, 2008; and October 1, 2008 through September 30, 2009. The
payments for each annual sick leave sell back period will be made in the last pay period
in November after the close of the applicable sell back period. The sick leave sell back
program shall terminate at the end of the fourth annual sell -back period in 2009 (i.e.,
after the last payment in November of 2009). The sick leave sell back program will
allow a qualified employee to sell back up to a maximum of 50 hours of sick leave at the
end of each sell back period (i.e., the "sell back date" shall be September 30 of each
fiscal year sell back period). However, the maximum number of sick leave hours that
may be sold back on each sell back date shall be reduced by one hour for each hour of
sick leave the employee used during the applicable annual sell back period (e.g., if an
employee uses 10 hours of sick time he is only eligible to sell back forty (40) hours). In
order to qualify for the sick leave sell back program, the employee must: (1) have been
employed by the City throughout the entire sick leave sell back period being measured
(i.e., the hire date must be more than 12 months before the applicable sell back date),
and (2) the employee must maintain at least 360 hours of combined accumulated accrual
of sick and vacation leave after each sell back date (i.e., the sick leave hours sold back
as part of this program cannot drop the employee below the combined total of 360 hours
of accrued sick and vacation leave).
However, this program shall not be in place for the term of this Agreement (October 1, 2009
through September 30, 2012).
Section 8.9. Bereavement. When there is a death in the immediate family (mother, father,
grandparents, grandchildren, current spouse's parents, brother, sister, current spouse, children or
stepchildren or domestic partner as defined in the Domestic Partner Leave Ordinance of an
employee), he or she shall be allowed two (2) days off (or four (4) scheduled work days off per
death if the funeral is held outside the State of Florida) for each death for the purpose of making
arrangements and/or attending the funeral, without loss of pay and without charge to accrued
sick leave or vacation days of said employee. In such circumstances, additional time off may be
granted at the discretion of the Chief of the Police Department, and shall be chargeable to the
accrued sick or vacation leave of such employee. Requests for additional time off shall be
submitted in writing to the Chief.
Section 8.10. Court Time Compensation. For attendance at court during off-duty hours
for purposes related to employment with the City, employees shall be provided with time and
one-half pay for such time spent at court with the following minimum hourly guarantees:
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(a)
(b)
(c)
During an employee's off-duty hours, a minimum of four (4) hours per day shall
be guaranteed. However, if the employee's first court appearance begins within
one (1) hour of the start of his/her shift or ends within one (1) hour after the end
of his/her shift, a minimum of two (2) hours per day shall be guaranteed.
For the employee's second off-duty appearance in the same day, an additional
two (2) hour minimum shall apply after the expiration of four hours (or two hours
if the initial two-hour minimum was in effect).
For the employee's third off-duty appearance in the same day, an additional one
(1) hour minimum shall apply after the expiration of six hours (or four hours if the
initial two-hour minimum was in effect).
(d) No Pyramiding. Compensation shall not be paid more than once for the same
hours.
Section 8.11. Out -of -Classification Pay. When an employee is assigned by the shift
commander to perform at the level of a higher rank, he shall be paid for the duration of the
assignment at an hourly rate of pay of two dollars ($2.00) higher than his/her regular rate;
provided that this shall in no way constitute an obligation to assign an employee to a higher
classification under any circumstances and it is recognized that the City retains the right to
determine when and for how long an employee will be temporarily assigned to a higher
classification.
Section 8.12. Standby Pay. When an employee is placed on standby during off-duty hours
by order of the shift commander for the purpose of being available to return to duty to handle
emergency crowd control or natural disasters, he will be paid one-half (1/2) of his regular base
rate for all standby time up to a maximum of eight (8) full-time hours in a twenty-four (24) hour
period starting with the time he is notified to stand by. Standby remuneration shall cease at the
earlier of sixteen (16) hours in a twenty-four (24) hour period or when the employee is notified by
order of the shift commander that the standby order is rescinded. Standby hours shall not be
considered as hours worked for purposes of overtime.
Section 8.13. Call -In Pay. An employee who is called in to work outside of his normal tour
of duty will be paid a minimum of two (2) hours' compensation at a rate of time and one-half the
regular hourly rate, except when contiguous to the employee's regular schedule.
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Section 8.14. Sunglasses and Prescription Glasses. The City agrees to reimburse
employees for the purchase or repair of sunglasses and prescription eyeglasses with a maximum
allowable reimbursement of sixty ($60.00) dollars per employee in a twelve (12) month period,
when they are lost or damaged while the employee is engaged in active police work such as
arrests, pursuit, physical conflict or vehicular accidents.
Section 8.15. Field Training Officer. When an employee who has completed the field
training officer program is assigned to on -duty training of a trainee or new police officer, the field
training officer will receive an additional $1.00 per hour for each hour(s) he is assigned to train.
However, effective the first pay period of October 2010, those officers assigned by the Chief of
Police (or his designee(s)) to a Field Training Officer assignment will receive an allowance of
$114.94 during each pay period that they are assigned to the Field Training Officer Program, in
lieu of the current $1.00/hour (as stated above). The Chief of Police, or his designee, in his sole
discretion, may assign Officers to Field Training Officer (FTO) assignment.
Section 8.16. Injury Service Connected. For two (2) sixteen (16) week periods, the City
agrees to compensate any member of the bargaining unit with the difference between the weekly
disability workers' compensation benefit received or which the employee is entitled to receive,
and his or her regular rate of pay for any time lost from work due to injuries sustained under the
following circumstances:
1) While on duty and entitled to be paid by the City; or
2) While reasonably exercising police officer functions within the City limits of
Miami Beach while off duty; or while working a departmentally sanctioned off-
duty job; or
3) While exercising police officer functions when there is a physical danger to a
person and the employee takes reasonable action off duty in the state of Florida;
or
4) When operating a City vehicle, being duly authorized to do so by the City; or
while on a reasonably direct travel route to or from work and home in their
private vehicle while within the City limits.
5) In the circumstances described above (subparagraphs 1 through 4), the City
agrees that it is and will consider itself the employer and the employee the City's
employee.
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After the advice and comments of the Police Chief and the FOP President, the City Manager, at
his sole discretion, may extend the above described I.S.C. payments beyond thirty-two (32)
weeks. This decision is not subject to grievance or arbitration. The approvals for receipt of this
compensation as presently required shall be continued.
Section 8.17. Special Assignment Allowance. Employees assigned on a permanent
basis to motorcycles shall receive a special assignment pay of five percent (5%) in accordance
with existing practice.
Employees assigned to work a 5-8 shift shall receive a special assignment pay of two and
one-half percent (2-1/2%). Employees who are on 5-8 light duty because of non -service
connected injury or illness shall not receive the special assignment pay. Employees who are on
5-8 light duty because of service -connected injury or illness, where the City doctor approves a
40 -hour work schedule, and who have demonstrated the ability to work a 40 -hour workweek,
shall receive the special assignment pay for all hours worked on 5-8's. If the ISC light duty
employee takes off work and receives ISC payments, the employee will not receive the two and
one-half percent (2-1 /2%) special assignment pay for time not worked.
Section 8.18. Extra Weapon. Employees will be allowed to carry a concealed, extra
weapon while on duty, as approved by the range master.
Section 8.19. Quality of Life. The City agrees to continue a Quality of Life Program.
Effective with the first full payroll period beginning after September 30, 2009, a supplement of
$57.60 per pay period for those employees participating in the program. Beginning with the
first full payroll period after September 30, 2010, the supplement will be increased to a rate of
$67.00 per pay period for those employees participating in the program. The Police Chief or his
designee shall develop certification requirements which employees must meet to be eligible for
any Quality of Life supplemental payments. The Quality of Life supplement will be made
available to all qualifying Bargaining Unit Members.
Section 8.20. Forced Holdover. If an employee is forced to stay beyond the hours of
his/her regular shift, such additional hours will be paid at double the regular rate. This provision
applies to minimum staffing purposes only and does not include unexpected or special events
such as, hurricanes or other acts of God, demonstrations, holiday or special events, etc.
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Section 8.21. Pension. The pension benefits as they currently exist shall continue for all
Bargaining Unit Members (except Detention Officers who are members of the City's general
employees pension plan), except that the City shall amend the pension plan upon ratification of
this Agreement, to provide the following benefits for plan members who retire on or after
September 30, 2010 (except as otherwise specified below):
A. Upon completion of ten (10) years of creditable service under the pension system
members may purchase additional creditable service under the System for up to two (2)
years of full-time public safety service as a law enforcement officer prior to City
employment, provided the member is not entitled to receive a benefit for such service
under another pension plan, and further provided that the member may not purchase a
combined total of more than four (4) years of creditable service for prior public safety
service and prior military service. The cost for each year of creditable service for prior
public safety service purchased shall be the same rate as provided in the plan for the
purchase of military service, with the cost prorated for fractional years of service. For
purposes of this purchase, an employee may use the value of accrued sick and/or annual
leave, valued at the employee's hourly rate at the time of purchase.
B. Upon completion of 10 years of creditable service under the pension plan, members may
also purchase up to an additional six percent (6%) multiplier, in increments of three
percent (3%), provided the combined total of additional years of creditable service
purchased pursuant to paragraph (A), above, may not exceed two (2) years if a member
purchases an additional six percent (6%) multiplier, or three (3) years if the member
purchases an additional three percent (3%) multiplier. The cost for each additional three
percent (3%) multiplier purchased shall be the same as the cost for each year of prior
public safety service or military service. For purposes of this purchase, an employee may
use the value of accrued sick and/or annual leave, valued at the employee's hourly rate
at the time of purchase.
C. The purchase of additional service provided in subsection A, above, and the purchase of
the additional multiplier provided in subsection B, above, must be completed within 36
months following September 30, 2010, or within 36 months following a member's
completion of 10 years of creditable service under the pension plan, whichever occurs
later for the member. If a member does not complete the purchase within the 36 month
period, he/she shall not be eligible for the purchase in the future.
D. Upon reaching eligibility for normal retirement, a member may elect to apply unused sick
and /or vacation time at 100% value (along with the 10% pension contribution) for
purpose of calculating a member's final average monthly earning, not to exceed the caps
presently specified in the Miami Beach Police and Fire Pension Ordinance.
E. Effective upon ratification of this contract, all compensation for work performed pursuant
to Off -Duty Assignments, as outlines in the Department's Standard Operating Procedures
(SOP's), shall be included in a member's salary for pension purposes, and shall be used
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in the calculation of member contributions and benefits. Provided, in no event shall the
value of unused sick and/or vacation time, overtime pay, and/or off-duty pay, cannot
exceed the caps presently specified in the Miami Beach Police and Fire Pension
Ordinance.
F) DEFERRED RETIREMENT OPTION PLAN (DROP).
1) Eligibility - Any active employee member of the Miami Beach Police and
Firefighters Pension Plan may enter into the DROP on the first day of any month
following the date upon which the employee first became eligible for a normal
service retirement, subject to the conditions expressed herein or as modified from
time to time.
2) Conditions of Eligibility - Upon becoming eligible to participate in the DROP,
an employee may elect to enter that program for a. period not to exceed 36
months. Notwithstanding, participation may not continue beyond the date when
the employee's combined years of creditable service and time in the DROP equals
352 months (387 months for employees who were Plan members prior to July 1,
1976), except for those persons entering the DROP under the window period set
forth in Paragraph 11 below. Employees who enter the DROP on or after
September 1, 2012 shall be eligible to participate for a period not to exceed sixty
(60) months. Notwithstanding, for those employees entering the DROP on or after
September 1, 2012, participation may not continue beyond the date when the
employee's combined years of creditable service and time in the DROP equals 376
months (390 months for members hired after the ratification of this contract).
Provided also that participation in DROP shall require the employee to complete
and submit the following prior to start of DROP payments.
a. Such forms as may be required by the Pension Board of Trustee's Plan
Administrator. Election in the DROP is irrevocable once DROP payments
begin.
b. A waiver and an irrevocable resignation from employment with the actual
date of termination being the date designated by the employee as the end
of his/her DROP participation. The administration and timing of execution
and delivery of the waiver and resignation forms shall meet the
requirements of the Age Discrimination in Employment Act and the Older
Worker's Benefits Protection Act, as same may be amended from time to
time.
3) Conditions of Employment for DROP Participants - Employees shall be
subject to termination of employment while in DROP to the same extent as they were
in their pre -DROP status. A person who has elected the DROP remains an employee
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during the DROP period and receives all the benefits of being an employee during
the DROP period, except any form of pension contribution.
4) Effect of DROP Participation
a. An employee's credited service and his/her accrued benefit under the
Pension Plan shall be determined on the date of his/her election to
participate in the DROP first becomes effective.
b. The employee shall not accrue any additional credited service while
he/she is a participant in the DROP, or after termination of participation
in the DROP.
c. A DROP participant is not eligible for disability benefits from the Plan.
d. An employee may participate in the DROP only once.
e. Effective with the start date of an employee's DROP participation,
contributions to the Pension Plan by the employee and the normal cost
contribution to the Pension Plan by the City, on behalf of the employee,
shall cease.
5) Payments to DROP Account - A DROP account shall be created for each
member who elects to participate in the DROP. A DROP account shall consist of
amounts transferred to the DROP from the Plan, which include the monthly retirement
benefits, including any future cost of living increases, that would have been payable
had the member elected to cease employment and receive a normal retirement
benefit upon commencing participation in the DROP, and earnings on those amounts.
Provided, employees who enter the DROP on or after September 1, 2012, shall
receive a zero percent (0%) cost of living adjustment for the third (3rd) and fourth
(4th) annual adjustment dates, regardless of whether the employee remains in the
DROP for the maximum five (5) year period. Provided further, any employee who
exits the DROP within six (6) months following the date of DROP entry, shall be
eligible for the cost of living adjustment as otherwise provided in the current pension
plan.
6. DROP Account Earnings
a. Members may direct their DROP money to any of the investment options
offered and approved by the Board. Any losses incurred by the participant
shall not be made up by the City or the Pension Plan. The selection of these
programs shall be made by the participant on forms provided by the Board.
An and all interest and or earnings shall be credited to the participant's DROP
account.
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b. A member's DROP account shall only be credited or debited with earnings
while the member is a participant in the DROP and, depending on the DROP
Account Payment Options selected, after the member dies, retires, or
terminates employment with the City of Miami Beach.
7. Payment of DROP Account Funds - Upon termination of a member's
employment (for any reason, whether by retirement, resignation, discharge,
disability, or death), the retirement benefits payable to the member or to the
member's beneficiary shall be paid to the member or beneficiary and shall no
longer be paid to the member's DROP account. No payments will be made from
the DROP account until the member terminates employment.
8. DROP Account Payment Options - Following the termination of a
participant's employment, the participant shall select one of the following options to
begin to receive payment from his/her DROP account. Said selection shall occur
no later than 30 days prior to the end of the DROP participation period or within
30 days following the termination of a participant's employment if said termination
of employment occurs prior to the end of the DROP participation period:
a. Lump Sum - All accrued DROP benefits, plus interest, shall be paid from the
DROP in a single lump sum payment.
b. Partial Lump Sum - A member designated portion of accrued DROP
benefits, plus interest, shall be paid from the DROP in a partial lump sum
payment with the remainder being directly rolled over into an eligible
retirement plan.
c. Direct Rollover - All accrued DROP benefits, plus interest, shall be paid
from the DROP directly to the custodian of an eligible retirement plan.
d. Other method(s) of payment that are in compliance with the Internal Revenue
Code and adopted by the Pension Board of Trustees.
9. Death of DROP Participant - If a DROP member dies before his/her account
balances are paid out in full, the participant member's designated beneficiary shall
have the same rights as the member to elect and receive the pay -out options set
forth in Paragraph 8, above. DROP payments to a beneficiary shall be in addition
to any other retirement benefits payable to the beneficiary.
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10. Administration of DROP Accounts
a. The Pension Board of Trustees shall make such administrative rules as are
necessary for the efficient operation of DROP, but shall neither create any
rule that is inconsistent with the legislation creating the Drop, nor any rule
that would be a mandatory subject of collective bargaining.
b. At all times, the DROP will be administered so that the Plan remains
qualified under the Internal Revenue Code and is in compliance with the
Internal Revenue Code and applicable laws and regulations.
If any provision of this DROP should be found invalid, unlawful, or not enforceable
by reason of any existing or subsequently enacted legislation, or by judicial
authority, or by an IRS regulation/ruling, the City and the Union agree to meet
within 30 days of such determination for the purpose of negotiating a resolution to
the invalid provision(s).
In the event that provisions of the Internal Revenue Code operate to limit the benefit
amount of employee coverage by the pension provision incorporated in this
Agreement to an amount less than set forth in the pension Plan then the City and
the Union shall negotiate a method to compensate the affected employee for the
difference between the normal pension benefit and the limits allowed by the
Internal Revenue Code provided that no such resolution shall jeopardize the
exempt status of the Plan under the Internal Revenue Code.
G. Pension Benefits for employees hired on or after ratification of this Agreement, shall be as
provided in the current pension plan, except as follows;
1) The benefit multiplier shall be three percent (3%) for each year of credible service
for the first 20 years of service, and four percent (4%) for each year of creditable
service after 20 years of creditable service.
2) The normal retirement date shall be as provided for in the current pension plan,
except that a member must attain age 48 to be eligible for "Rule of 70" retirement.
3) Final average monthly salary shall be based on the three (3) highest paid years or
last three (3) years as the case may be, prior to retirement or separation from
employment.
4) The cost of living adjustment shall be one and a half (1.5%) annually.
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5) Employees who enter the DROP shall receive a zero percent (0%) cost of living
adjustment for the third (31 and fourth (41 annual adjustment dates, regardless of
whether the employee remains in the DROP for the maximum five (5) year period.
Provided further, any employee who exits the DROP within six (6) months following
the date of DROP entry, shall be eligible for the cost of living adjustment as
otherwise provided in Section 7.23 (G) (4).
Section8.22. Premium Pay Supplement Contingent Upon the Department's
Obtaining and Maintaining Certain Accreditations. In recognition for obtaining and
maintaining the accreditations described below, the following premium pay supplements will be
paid under the following terms:
1. All bargaining unit members shall be paid a premium pay supplement of $40.00 per pay
period for as long as the Police Department maintains Accreditation by the Commission on
Accreditation for Law Enforcement Agencies (CALEA).
2. Accreditation by the State Commission for Florida Law Enforcement. A separate conditional
accreditation premium pay supplement in the amount of $10.00 per pay period shall be paid
to all bargaining unit employees in the Police Department for accreditation from the State
Commission for Florida Law Enforcement, Inc
If either of the accreditations provided for in subsections (1) or (2) above are discontinued for
reasons unrelated to the action or inaction of bargaining unit members, then the supplement shall
continue.
Section 8.23. Buyback of Probationary Time. Employees covered by this Agreement
may elect, by written notice served on the Board of Trustees, to receive creditable pension service
time for any or all of their time served as probationary police officers. In order to receive such
creditable pension service time, employees should be allowed to purchase any or all of such time
through the use of accrued annual leave, sick leave, cash or any combination thereof. In the
event such purchase is not made within six months of successful completion of probationary
period, the amount paid shall include interest at the rate of three percent (3%) per annum
excluding first six (6) months.
Section 8.24. "Me Too" with the IAFF. The FOP reserves the right to a "me too"
agreement with the IAFF should the City modify the IAFF agreement on parallel issues, with the
exception of Court time and Alternate Holiday Pay.
Section 8.25. CJSTC Police Instructor Incentive Pay. Effective with the first full payroll
period beginning after September 30, 2010, the City will pay, under the terms stated in this
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section, an incentive pay of two and one-half percent (2.5%) of the officer's base pay (as stated
below) for up to a maximum of fifty (50) police officers who obtain and maintain certification
from the Criminal Justice Standards and Training Council (CJSTC) as Police Instructors:
A. No more than fifty (50) FOP employees will be eligible to receive the two and one-half
percent (2.5%) Police Instructor Certification pay.
B. Additional FOP employees (up to the fifty (50) employee maximum) must be qualified for
the incentive pay by meeting all of the following requirements: (1) a minimum of six (6)
years of full-time experience as a certified law enforcement officer employed by a State,
County or Municipal Police Department; and (2) passing the required CJSTC Police
Instructor Training Course; and (3) have no record of disciplinary action during the
twelve (12) month preceding the date of application for the benefit. FOP employees will
qualify (not to exceed the fifty (50) employee cap) on a first come basis, based on the
date of each employee's submission of the completed written request to the Police Chief
or designee.
C. Newly qualified FOP employees (up to the fifty (50) maximum limit), shall start receiving
their two and one-half percent (2.5%) pay on the next payroll period beginning after the
FOP employee has submitted to the Police Chief (or designee) a written request that
includes a copy of the CJSTC Instructor Certification, and proof that he/she has met all
other requirements as set forth in this section.
D. Employees shall remain solely responsible for obtaining and maintaining a State Certified
CJSTC Certificate. All costs involved in obtaining and/or maintaining the certification
shall remain the responsibility of the employee. Failure to have a current certification
shall constitute an automatic disqualification from the two and one-half percent (2.5%)
incentive pay.
E. The value of the two and one-half percent (2.5%) incentive pay shall be determined based
upon only the base wage of the officer, i.e. no additional incentives or other extra
payments or benefits are included in the two and one-half percent (2.5%) pay. The total
incentive pay for the Police Instructor Certification benefit will remain at two and one-half
percent (2.5%) regardless of any additional certifications that the FOP employee may
receive through the CJSTC.
F.
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ARTICLE 9
F.O.P. HEALTH TRUST
Section 9.1. For Calendar Year 2010, the City will continue to fund the current contribution
amount for health care. Such contribution is currently:
Single: $402.06
Family $985.59
In future years, the City's contribution shall increase based on the Miami Beach Fraternal Order
of Police Insurance Trust Fund's annual cost projections based on claims experience and
administrative costs as determined by its qualified consultant and documents supporting the
annual percent increase; however, the City's increase to the current contribution amount to the
health trust shall not exceed the average of the straight line percentage** increase in premiums
for the City's various medical plan options.
However, at the end of each calendar year, no later than February 1st, the FOP will provide the
actual cost increase for the FOP Trust for the prior year. Actual costs shall include all liabilities of
the Trust inclusive of administrative costs. If the payments made by the City to the FOP Trust
exceeded the actual FOP trust increase for the prior year, then the excess amount paid by the City
for the prior year will be subtracted from any projected cost increase for the current year. If the
payments made by the City to the FOP Trust do not exceed the actual increase to the FOP Trust
for the prior year, then there will be no reduction made to any projected cost increase for the
current year. If the payments made by the City to the FOP Trust are equal to the actual FOP Trust
for the prior year, then there will be no reduction made to any projected cost increase for the
current year. Cost reductions of the Trust attributable to design changes shall not be included for
purposes of calculating any credit to the City. The City shall be notified in writing of all design
changes and projected cost savings associated with those changes within 30 days of the effective
date of the proposed changes. Any amount over the ten month reserve shall be credited to the
City. In addition, there shall be no change to the formula used to calculate the ten month reserve
amount. The "ten month reserve" shall mean the sum of ten (10) times the average of the most
recent twelve (12) months, plus cost and liabilities.
Conversely, if the City's renewal rate is flat, or a negative percent, then the City's contribution to
the health trust for that particular year will be based on the average percent increase of the actual
cost increase for the Trust for the prior three (3) years, which shall not exceed the average of the
City's straight line averages for those three (3) years.
Example #1
Example #2
Example #3
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(City pays more than the
actual cost)
(City pays less than the actual
cost, but equal to the projected
cost and the straight line cap)
(City pays the same as the
actual cost)
FOP Projected Cost — 10%
FOP Projected Cost — 7%
FOP Projected Cost — 7%
City Straight line Average —
7%
City Straight line Average —
7%
City Straight line Average —
7%
City pays 7%
City pays 7%
City pays 7%
Actual FOP Cost — 5%
Actual FOP Cost — 10%
Actual FOP Cost — 7%
Credit to City — 2%
No change
No change
(The City's straight-line average is the cap in all cases.)
The City's contribution amounts will help fund the level of benefits provided under the current plan
as of the date this contract is signed*. If plan design changes cause an increase in the Trust fund
premium, the City is not required to increase its contribution as a result of the plan design
change.
Financial disclosure reports are to be presented from the Trust to the City Manager's designee for
Labor Relations no later than July 1st of each year. Such report must include the increase percent
identified by the Trust's plan consultant for the following City fiscal year. The City understands that
it will provide the final renewal rates prior to October 151 of each year. The Trust shall provide the
report detailing the actual cost for the prior year no later than February 151 to the City Manager's
designee for Labor Relations.
The City's designee for Labor Relations will be notified of the annual meeting at which benefit
changes are under consideration and the City shall be allowed to send a representative to that
meeting. Also, any consulting reports analyzing benefit changes will be provided to the City for
purposes of that meeting.
*Upon ratification of this agreement, the parties shall supply each other with the current plan
designs in effect for calendar year 2010.
**The straight line average is defined as the total of the percentage increase in premium for each
of the City's medical plan options divided by the number of the City's medical plan options.
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In addition:
Section 9.2.
(a)
a) Effective July 1, 2010, or upon ratification of this Agreement, whichever is
later, all bargaining unit employees shall contribute five percent (5%) of their
gross compensation to offset the City's contributions to the Health Trust. This
five percent (5%) contribution shall discontinue after eighteen (18) months.
b) For all current retirees and active employees on the payroll as of the date of
ratification of this Agreement, all employees presently in the DROP, and all
eligible dependents under the current eligibility rules, the City contribution for
those current retirees and current employees who become future retirees for
health coverage shall be equal to the City's Health Trust contribution formula
for active employees. Furthermore, the contributions for those current retirees
and current employees who become future retirees and their eligible
dependents shall be no less than the current value of the contributions for
active employees and their eligible dependents. This Agreement shall be
reduced to writing and made individual contracts nd shall be vested benefit
throughout retirement.
c) Employees hired after the ratification of this Agreement, who elect to be
covered by the Miami Beach Fraternal Order of Police Insurance Trust Fund
Plan, to the extent they choose to have medical benefits provided to them and
their dependents during retirement, shall receive a health insurance stipend in
lieu of a City contribution to the Trust on behalf of those employees after their
retirement. The stipend shall be a monthly payment equal to twenty-five dollars
($25) per month for each year of creditable service, subject to an annual
increase based on the Miami -Ft. Lauderdale All Urban Consumer Price Index
(U -CPI) as of September 30th of each fiscal year.
All eligible employees and their dependents described in Section 7 shall be
eligible to enroll in the F.O.P. Health Trust Plan and shall not be eligible to
participate in the City Plan during their employ or retirement for so long as the
F.O.P. Trust exists.
(b) A non -bargaining unit sworn police officer who elects to enroll in the F.O.P.
Health Plan may apply to the Trust and will be enrolled upon leave of the
Trustees, and thereafter will be deemed to be a covered employee provided he
or she meets the following criteria:
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(i) Must be on the City Police Department Payroll at the time of
enrollment;
(11) Must be an F.O.P. member for two years (or length of time in
Department if Tess than two years) prior to enrollment, and must
maintain membership throughout the period of coverage;
(iii) Must meet insurability criteria satisfactory to Trustees; and
(iv) Must make the election within thirty (30) days after appointment out
of the bargaining unit.
Section 9.3.
(a) All covered employees and covered retirees shall be allowed to continue under
the City's Dental Plan as it may exist.
(b) The City shall also contribute to the Trust the amount of premium it is paying for
term life insurance for covered employees and covered retirees.
Section 9.4. The City's Insurance Plan shall be responsible for the runoff of all claims incurred
prior to the time the F.O.P. Health Trust Plan went into effect.
Section 9.5. The City shall be provided with a copy of the F.O.P. Health Trust Plan booklet and
the Trust Agreement, and any other information required by law and shall be apprised of any
changes in the Trust Agreement and/or Plan benefits. Additionally, a copy of the Trust's annual
C.P.A. audit report shall be sent to the City Manager's designee for Labor Relations and the Trust
or their designee shall in a reasonable time period answer reasonable inquiries concerning the
finances of the Trust.
Section 9.6. The F.O.P. shall indemnify and hold the City harmless against any claim, demand,
suit, or liability, and for all legal costs arising in relation to the implementation or administration
of the F.O.P. Health Insurance Trust and Plan, except if the City's acts or omission give rise to its
own liability.
Section 9.7. Employees in the bargaining unit eligible for inclusion in the Health Trust Plan must
be employed atieast ninety (90) days and be on the City Police Department payroll.
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Section 9.8. Employees covered by this Agreement who retire, resign, or are terminated by the
City must be vested in the Police pension plan at the time of such retirement, resignation or
termination in order to receive a contribution by the City towards his/her health insurance
premium after such retirement, resignation or retirement.
Section 9.9. Employees in the bargaining unit shall be eligible to participate in the City's
voluntary benefits plan, which may be modified by the City from time to time. The voluntary
benefits plan shall be administered by the City.
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ARTICLE 10
EDUCATIONAL LEAVE AND TUITION REFUND
Subject to applicable Personnel Rules, an employee may request an educational leave of absence
without pay to take a course or courses in a field related to the work assignment of said
employee. The City's tuition refund program shall be continued for the term of this Agreement.
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ARTICLE 11
GENERAL PROVISIONS
Section 11.1. Safety and Health. The City and the FOP shall cooperate in matters of
safety and health affecting the employees covered by this Agreement.
Section 11.2. FOP Activity and Non -Discrimination. Neither the City nor the FOP shall
discriminate against any employee due to that employee's membership, non -membership
participation, lack of participation, or activities on behalf of, or his refraining from activity on
behalf of the FOP.
No employee covered by this Agreement shall be discriminated against because of race, creed,
national origin, religion, sex, sexual orientation, ethnic background or age in accordance with
applicable State and Federal laws. The FOP agrees to cooperate with the City in complying with
Federal, State and local laws requiring affirmative action to assure equal employment
opportunity. The parties will comply with the Americans with Disabilities Act.
Section 11.3. Reduction In Work Force. When there is a reduction in the work force,
employees will be laid off in accordance with their length of time in grade service and their
ability to perform the work available and applicable veterans preference laws. When two or
more employees have equal ability, the employee with the least amount of service will be the first
one to be laid off. When the working force is increased after a layoff, employees will be recalled
in the order of seniority, with employees with greater seniority recalled first. Notice of recall shall
be sent to the employee at the last known address by registered mail or certified mail. If an
employee fails to report to work within thirty (30) days from date of receiving notice of recall, he
shall be considered to have quit. No new employee will be hired into the bargaining unit as long
as any bargaining unit employee remains on lay-off status.
During the course of this Agreement, no employee will be laid off and no employee will be
demoted (except for disciplinary demotions).
Section 11.4. Uniforms and Clothing Allowance. The City will continue its present
policy concerning uniforms. The uniformed personnel's monthly maintenance allowance shall be
Sixty Dollars ($60) per month for a total of $720.00 per year to be paid out in twenty-six (26) bi-
weekly payments.
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For those sworn employees assigned to work in civilian clothes, they shall receive a monthly
allowance to Eighty -Five dollars ($85.00) per month for a total of $1,020.00 per year to be paid
out in twenty-six (26) bi-weekly payments.
When transferred into the Criminal Investigation Unit or other unit requiring civilian clothes, the
City will advance the employee, cit his request, the sum of Four Hundred Twenty Five Dollars
($425.00) for the purchase of clothing. The employee affected shall agree to relinquish the
Eighty -Five Dollar ($85.00) per month clothing allowance for the following five months, and shall
also agree to reimburse the City for any pro -rata amount in the event of transfer, termination,
resignation, or retirement prior to completion of five (5) months in the civilian clothes assignment.
If the reimbursement is caused by a transfer, the reimbursable amount shall be collected at the
rate of Eighty -Five Dollars ($85.00) per month.
Section 11.5. Disclosure of Records. Employees will not have information contained
within any of their files disclosed to persons other than managerial and supervisory employees
unless the person requesting such information (including home telephone number, address, etc.)
shall complete and sign a "Request for Information" form and present proper identification,
provided, however, that information which is made confidential by state or federal statute shall
not be disclosed except in accordance with the requirements of law. The request form shall have
provision for the name, address, and telephone number of the person requesting the information
and the reason for the request. A copy of any such request form completed shall be left in the
employee's personnel file.
Section 11.6. Transfers. It shall be the sole right of the Chief of Police or his designee to
transfer employees of the Department. When a transfer is a change in an employee's unit
assignment, reasonable advance notice cis is practicable under the circumstances shall be given.
If a transfer is a permanent change in an employee's shift or days off schedule, the employee
shall be notified no less than five (5) workdays prior to the transfer in order that the employee
may arrange for an orderly change.
The five (5) day notice may be waived by the employee and it need not be given when
unforeseen needs of the Department or emergency conditions require that temporary changes be
made with little or no advance notice.
Section 11.7. Meeting Between Parties. At the reasonable request of either parry, the
FOP President, or his representative, and the City Manager, or his designee for Labor Relations,
shall meet at a mutually agreed upon time and place to discuss matters that require immediate
discussion.
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Section 11.8. Negotiating Sessions. Time and dates for negotiating sessions shall be
mutually agreed upon. Up to three (3) on duty FOP representatives shall be permitted to attend
negotiating sessions without loss of pay or benefits if they were otherwise scheduled to work.
Section 11.9. Job Descriptions. It is understood by the parties that the duties enumerated in
the job description promulgated by the City are not always specifically described and are to be
construed liberally. The City agrees to notify the FOP of any change in the job description of any
classification in this bargaining unit.
Section 11.10. Defense of Members. In the event any action for civil damages is brought
against a member of the bargaining unit hereunder individually, and the City is not made a party
to any such action, and if the employee hereunder is found liable and a judgment for damages is
rendered against him, the City will itself or through insurance pay such damages and counsel fees
for the employee providing the employee's liability results from action of the employee arising out
of and in the course of his employment hereunder, and further providing that such judgment
against the employee does not result from the wanton and willful action of the employee.
Section 11.11. Personnel Rules and Departmental Manual. Copies of the Personnel
Rules and Regulationswill be kept by Majors and Captains whose copies will be available to
members of the bargaining unit upon request.
A copy of the manual of the Police Department is provided to all employees in the department
and proposed changes in said manual will be supplied to the President of the FOP or his
designated representative before implementation and an opportunity to discuss the changes will
be afforded. Any changes to SOP's shall contain a detailed legislative style description of the
proposed changes.
Section 11.12. Incorporation of Personnel Rules. Any personnel rules agreed upon by
the parties for incorporation in this collective bargaining agreement shall be set forth in an
addendum to this Agreement.
Section 11.13. Medical Leave of Absence. After this Agreement is ratified, any
employee requesting time off without pay as a Medical Leave will be granted the time requested
up to one (1) month, or longer at the Chief's discretion. Employees may use any accumulated
leave time or comp time during this leave.
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ARTICLE 12
SEPARABILITY
If any provision of this Agreement is held to be in conflict with any law as finally determined by a
court of competent jurisdiction, that portion of the Agreement in conflict with said law shall be
inoperative and subject to immediate renegotiation for a replacement provision, but the
remainder of the Agreement shall continue in full force and in effect.
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ARTICLE 13
TIME BANK
A Time Bank shall be authorized by the City of Miami Beach, whereby members of the
bargaining unit may voluntarily donate accrued annual leave and sick leave to an FOP Time Bank
to be used as follows: (a) the President, or his designee(s), may draw from such Time Bank,
thereby detaching said person(s) from the normal course of their City assigned duties in order that
they may be permitted to perform duties in keeping with the obligations of the FOP to its
membership, and/or (b) by FOP members pursuant to Ordinance No. 1335, and pursuant to
rules and regulations to be established by the FOP that is not otherwise inconsistent with this
article or Ordinance No. 1335. The FOP President, along with the Chief of Police (or designee)
will establish a committee of three (3) members whose purpose is to create the rules and
regulations mentioned in subpart b herein. The composition of the Time Bank Committee shall be
determined as follows: the FOP President shall appoint one (1) individual to serve on the Time
Bank Committee; the Chief of Police (or designee) shall appoint one (1) individual that shall serve
on the Time Bank Committee and both the FOP President and the Chief of Police shall jointly
appoint one (1) active FOP bargaining unit member to serve on the Time Bank Committee. The
Time Bank shall not be utilized for the purpose of attending collective bargaining sessions
between the FOP and the City of Miami Beach.
Time will be deposited into the Time Bank only after the contributor voluntarily signs an
authorization card detailing the type and amount of time to be donated. After review by the FOP
President or his representative, these cards are to be forwarded on a quarterly basis to the Chief
of Police for his review, and if appropriate, approval. If approved, the Chief of Police will then
forward this material to the Support Services Division, who shall take appropriate action to
implement the provisions of this section.
Time deposits shall be in hourly increments, with three (3) hours being the minimum amount
accepted.
The President, in his own behalf or on behalf of his designee(s), shall fill out the appropriate form
to be supplied by the city for each employee authorized to draw from the Time Bank. Said form
shall be submitted by the President at least five (5) days in advance of anticipated use. This form
shall also include the statement that:
"Upon deduction of time by the City, the undersigned officer agrees to hold the City harmless for
any error or omissions in making said deduction or allocating the deducted time to the time
pool."
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This request shall be reviewed by the Chief of Police, or his designee, and approved subject to
the manning requirements of the department. Such approval shall not be arbitrarily withheld.
Such approval, once having been authorized, may be rescinded subject to the manning
requirements of the department.
Time donated to the Time Bank shall be converted to the salary dollar equivalent of the donor(s),
and time used shall be in salary dollar equivalents of the employee(s) using the pool time. Time
donations shall not increase in value. For purposes of computation, only base pay and longevity
will be used. Time donated but not used will not be retrievable and will remain in the Time Bank
for so long as this provision is effective. In the event the Time Bank is discontinued, the FOP shall
be entitled to use the hours remaining pursuant to the provisions of this section.
Any injury received or any accident incurred by an employee whose time is being compensated
by the FOP Time Bank, shall not be considered a Zine -of -duty injury, nor shall such injury or
accident be considered to have been incurred in the course and scope of the employee(s)
employment by the City of Miami Beach within the meaning of Chapter 440, Florida Statutes, as
amended.
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ARTICLE 14
DRUG TESTING
Upon reasonable belief, based upon objective factors, that an employee has used an unlawful
drug, the Chief of Police or, in his absence, the Assistant Chief, may direct the employee to
submit to a urinalysis for detection of drugs. In the case of a drug test, the following conditions
will be applicable:
(a)
A split sample of the urine will be obtained so that two different laboratories to
be selected by prior agreement of the City and the FOP may test the urine if
desired:
(b) If the employee claims that there is not a reasonable belief, based on objective
factors, that the employee has used an unlawful drug, the urine will be frozen
pending an expedited arbitration held before whichever of the three pre -agreed
upon local arbitrators (to be selected by the City and the FOP) is first available
on a rotating basis.
The sole issue before the arbitrator shall be whether there was reasonable belief
to direct a test as set forth above.
(c) I the arbitrator finds there is not reasonable belief, the urine specimens shall not
be tested and shall be discarded.
(d) If the arbitrator finds there is reasonable belief, or if no challenge to the
reasonable belief basis has been made, then one urine specimen shall be tested
by the laboratory selected by the parties.
(e) All tests for an unlawful drug will be by an agreed upon gas
chromatography/mass spectrometry method, and the other specimen will be
tested by the second agreed -to laboratory, if the employee requests.
(f)
In the case of either or both urine tests, the cutoff shall be the nanogram
threshold which shall be established by prior agreement between the parties in
the Random Drug Testing Agreement.
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ARTICLE 15
HEART DISEASE PRESUMPTION
Any condition or impairment of health of any detention or sworn officer caused by heart disease
resulting in total or partial disability or death shall be presumed to have been accidental and to
have been suffered in the line of duty unless the contrary be shown by satisfactory evidence;
provided, however, that such detention or sworn officer shall have successfully passed a physical
examination upon entering into such service as a detention or sworn officer, which examination
failed to reveal any evidence of heart disease. If at any time this Section is placed before an
arbitrator for interpretation or application, what is "satisfactory evidence" shall be determined by
the arbitrator. If rights of detention or sworn officers are placed before the Bureau of Workers
Compensation, then what is "satisfactory evidence" will be determined by the Bureau in
accordance with Workers Compensation law. Nothing herein shall be construed to be a waiver
or limitation of any benefit provided under Florida Statute 112.18.
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ARTICLE 16
PROMOTIONS
Section 16.1. Advancement to the ranks of Sergeant and Lieutenant shall be by examinations
that measure the knowledge, skills, and ability of personnel and by seniority. A promotional
examination will be given every -two (2) years, unless the FOP President and the City Manager or
his designee for Labor Relations mutually agrees to some other schedule. Effective with the first
test given after ratification, the following revisions to Article 16 shall apply.
Section 16.2. Eligible applicants for the promotional examination for Sergeant and Lieutenant
shall be given a two-part examination, consisting of a validated, written test, which shall comprise
fifty percent (50%) of the final examination score, and an Assessment Center or a mutually
agreed upon behavioral assessment component. The Assessment levels shall have a weight of
fifty percent (50%) of the total score. The written portion shall be given first and applicants for
Sergeant or Lieutenant positions must successfully pass the written test with a raw score of seventy
percent (70%) to be eligible, at a later date, to take the Assessment Center or the behavioral
assessment component portion of the examination. Passing scores for the Assessment Center or
the behavioral assessment component shall be set by the test consultant. If there are not a
significant number of minorities promoted after the next round of promotional testing after the
effective date of this Agreement, the parties will meet to review the respective weights and re-
negotiate the Article, if necessary.
Section 16.3. All police officers who on written test date have four (4) years of seniority from
date of appointment to Police Officer or Police Officer Trainee and performance evaluations of
satisfactory or above for the preceding twenty-four (24) month period shall be eligible to take the
Sergeant's test. All Sergeants who on written test date have two (2) years seniority from the date
of appointment as Sergeant and performance evaluations of satisfactory or above for the
preceding twenty-four (24) month period shall be eligible to take the Lieutenant's test. Applicants
must, in both cases, apply on or before the application cutoff date and time in accordance with
Personnel Rules.
The City Manager or his designee for Human Resources may refuse to permit an applicant to take
the examination on the grounds of conduct disgraceful to the Department and his/her officer
status; or refused advancement from probationary status. In the latter case, if at least three (3)
years have elapsed since such failure of probationary advancement, such candidate will be
considered qualified. Should any applicant, so disqualified for any of these alleged reasons,
contest such disqualification, he shall have access to the grievance procedure under this contract.
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Section 16.4. The City Manager or his designee for Human Resources shall cause to be
developed validated examinations which closely measure the knowledge, skills, and abilities of a
Miami Beach Police Sergeant and a Miami Beach Lieutenant, administer such examinations, and
prepare a promotional register, one for Sergeants and one for Lieutenants, containing the names
of persons who have passed the test ranked in the order of such examination scores. Promotions
shall be by rank order.
The FOP shall facilitate participation of bargaining unit employees in providing information in
order to conduct the job analyses and develop the tests within the time frames requested by the
process; provided that such participation shall be on duty time.
Section 16.5. Seniority Points:
0.2 point shall be added to an employee's Sergeant's passing examination score for
each completed year of service, to a maximum of 25 years.
0.25 points shall be added to an employee's Lieutenant's passing examination score for
each completed year in grade as a Sergeant.
Section 16.6. Book Committee. A committee of five (5) incumbents selected by the Chief
shall select the books and test material from which technical knowledge questions on the written
test and behavioral assessment component will be drawn. Final selection shall be made after
consultation with the test developer.
Such selection or changes therein, shall only be made after a representative of the FOP shall have
a reasonable opportunity to meet and provide input on the selection process.
The test material chosen for the written test and for the behavioral assessment component shall be
described and announced by the City to the FOP and its members at least three (3) months before
such test.
Overview, Orientation, and Preparation sessions for the written test and for the Assessment
Center test or the behavioral assessment test shall be given at least thirty (30) days prior to each
test.
Section 16.7. Written Test Scoring. Within 24 hours after the administration of the written
test, an applicant scoring session will be conducted. Each examinee will be able to review a
copy of his/her own answer sheet and the scoring key (for his/her use during the review session
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only), with the correct response, the name of the reading source and location from which each
written test question was drawn.
Challenges will be written and submitted to the test developer during a minimum of two (2)
posttest review sessions occurring on separate days, and conducted within ten (10) calendar
days of test completion. The test developer shall conclusively decide all challenges based upon
standard industry techniques.
Section 16.8. Assessment Center Test or Behavioral Assessment Test Challenges.
Upon completion of the determination of a score for the Assessment Center Test or the behavioral
assessment test, each examinee shall be furnished with his/her test result. Human Resources shall
establish a reasonable time period within which each examinee may review their examinations at
a post-test review appointment. Challenges regarding the components of this portion of the
examination must be made in writing to the test developer within ten (10) calendar days after the
post-test review appointment. The test developer shall conclusively decide all challenges based
upon standard industry techniques. For each examinee who submitted a challenge, each
examinee's own challenge and response will be available no later than eight (8) weeks after the
date of the last examinee's submission of challenges.
Section 16.9. Formal examination scores and a promotional list shall be certified and posted
within two (2) weeks after completion of all challenges in § 16.8 above. Promotional lists shall
expire eighteen (18) months after the certification and posting of the results of the promotional
examination.
Section 16.10. In the event of same day promotions, seniority rank in the new position shall
be determined, in the order of standing on the promotional list. If there is a tie in the final scores
that places more than one examinee in the same position on the promotional list, these
examinee's ranking order on the promotional list shall be determined in the order of the
examinee's seniority in the rank that they presently hold (i.e., a tie score between two (2)
sergeants will be determined by awarding the highest ranking to the examinee with the most
seniority as a sergeant, and a tie score between two (2) officers will be determined by awarding
the higher ranking to the examinee with the most seniority as an officer, etc.).
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ARTICLE 17
F.G.P. PRESIDENT
Section 17.1. The Miami Beach Fraternal Order of Police, Lodge No. 8, Lodge President shall
have the option, for each fiscal year, of closed "D.D." (Detached Duty), as outlined in Section
17.2 below, or to conduct union business (under the conditions described in Section 17.2
below), through the use of a time bank. For fiscal year 2006-2007, the time bank shall be 1500
hours, covering the period October 1, 2006 through September 30, 2007. The FOP President
shall notify the Police Chief in writing by September 15, 2006, whether he elects to utilize the
1500 hour time back provision or the D.D. provisions contained in Section 17.2 below. For
fiscal year 2007-2008, the time bank shall be 1500 hours, covering the period October 1, 2007
though September 30, 2008. The FOP President shall notify the Police Chief in writing, by
September 15, 2007, whether he elects to utilize the 1500 hour time bank provision or the D.D.
provision contained in Section 17.2 below. For fiscal year 2008-2009, the time bank shall be
1500 hours, covering the period October 1, 2008 through September 30, 2009. The FOP
President shall notify Police Chief, in writing, by September 15, 2008, whether he elects to utilize
the 1500 hour time bank provision or the D.D. provisions contained in Section 17.2 below.
Unused time bank hours from one contract year shall rollover to the next contract year, not to
exceed a total maximum of 3000 hours per contract year. Time for attendance at negotiations
for a successor agreement is addressed in Article 1 1 .8 of this Agreement.
Section 17.2. The Miami Beach Fraternal Order of Police, Lodge No. 8, Lodge President shall
be released and detached from full time duties as a police officer while serving as Lodge
President and shall be carried full-time in a pay status to be shown on the payroll as "D.D."
(Detached Duty). The following conditions shall apply:
A. For the purpose of recording time, the Lodge President will notify the Police Chief
of all absences, including vacations, sick leave, meeting attendances, out of town
trips, etc. The Lodge President shall be required to work a 40 -hour workweek.
B. The Lodge President will be available at the FOP office currently located at 999
1 1 th Street, Miami Beach, Florida 33139, for consultation with the Police
Department Management or the City Administrators between normal working
hours.
C. Should the Lodge President wish to change offices, (s)he will notify the Police
Chief, in writing, at least five (5) working days prior to the proposed change.
Said notice will include the address and the telephone number of the new office
for the FOP Lodge President.
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D. In the absence of the Lodge President, the Lodge President's designee may
represent the Fraternal Order of Police.
E. The FOP will not send additional employees in a pay status to attend City
Commission or Personnel Board meetings without approval of the Police Chief or
his designee.
F. All applicable Miami Beach Police Department rules, regulations and order shall
apply to the person who is the President of the Lodge and on D.D.
Section 17.3. The Management of the Miami Beach Police Department or the City
Administration reserves the right to rescind the provisions of this Article in the event that it is found
to be illegal. Canceling the Article shall not preclude further discussions of any Lodge Presidents'
release for Union business.
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ARTICLE 18
REOPENER
Following ratification of this Agreement, there shall be an immediate reopener
for negotiations for the purposes of discussing and implementing changes to
Article 15, entitled, Heart Disease Assumptions and Article 16, entitled,
Promotions.
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ARTICLE 19
ENTIRE AGREEMENT
The parties acknowledge that during the negotiations which resulted in this Agreement, each had
the unlimited right and opportunity to make demands and proposals with respect to any subject or
matter not removed by law from the area of collective bargaining, and that the understandings
and agreements arrived at by the parties after the exercise of that right and opportunity are set
forth in this Agreement. Therefore, the City and the FOP, for the duration of this Agreement,
except as provided in the Florida Statutes, or cis specifically excepted by provisions of this
Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other
shall not be obligated to bargain collectively with respect to any subject or matter referred to, or
covered in this Agreement, or with respect to any subject or matter referred to, or with respect to
any subject or matter not specifically referred to, or covered in this Agreement, even though such
subject or matters may not have been within the knowledge or contemplation of either or both of
the parties at the time they negotiated or signed this Agreement. This Article shall not be
construed to in any way limit or restrict the parties from negotiating, as provided in the Florida
Laws, or any succeeding agreement to take effect upon the termination of this Agreement or any
succeeding term of this Agreement.
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ARTICLE 20
TERM OF AGREEMENT
This Agreement shall be effective as of the 1st day of October, 2009 and shall remain in full force and
effect until the 30th day of September, 2012.
It shall be automatically renewed from year to year thereafter unless either party shall notify the other
in writing at least thirty (30) days prior to the anniversary date that it desires to modify this Agreement.
In the event that such notice is given, negotiations shall begin promptly.
EXECUTED by the parties hereto on this feltday of /I9JEY7 , 2011.
MIAMI BEACH FRATERNAL ORDER
OF POLICE, LODGE NO. 8
By:
By:
AL JANDRO BELLO
FOP PRESIDENT
By'
0.10 M, GO
CITY MANAGER
CITY OF MIAMI BEACH
KEVIN MILLAN
FOP SECRETARY
Approved b vote of the City Commission
On the /474 day of ZI4 , 2010.
ATTEST:
ROBERT PARCHER, CITY CLERK
72
MA I HERRER • =OWER
MAYOR
Date: /ff f )1/
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
j4i
;:t-: t 'r U DUte
2.
FRATERNAL ORDER OF POLICE
FOP LODGE NO. 8
ELECTION OF REMEDY FORM
Grievance No.
I/We elect to utilize the Grievance Procedure contained in the
current Contract between the City of Miami Beach, Florida, and
the FOP. In making this election, 1/we understand that selection
of another forum, as defined by the FOP Contract, shall bar any
consideration of the Grievance under the FOP collective
bargaining agreement.
I/We elect to utilize another forum for my/our grievance, and in
doing so, I/we understand that this election shall bar any
consideration of this matter under the FOP collective bargaining
agreement.
Signature Date
Subject of Grievance/Appeal:
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Addendum: Hearing Examiner Rules
HEARING EXAMINER RULES
SECTION 1: REQUEST FOR HEARING: Any member of the bargaining unit may appeal
from disciplinary action within ten (10) days after the delivery or mailing to
him/her of such written notice, by filing a written request for a hearing to the
Hearing Examiner or his/her designee. If the tenth day falls on a Saturday or
Sunday, he/she will have the ability to file for an appeal on the following
Monday.
SECTION 2: DISCIPLINARY HEARINGS:
(a)
The City Manager or his/her designee not later than ten (10) days after
receipt of such appeal, shall fix a place and time for holding a public
hearing within a reasonable time thereafter. Written notice of such time
and place shall be delivered or mailed promptly to both the Appellant
and the Appointing Officer.
Only the Hearing Examiner may grant a continuance to either party for
good and sufficient cause. No continuance shall be granted to either
party unless such request for continuance is received in writing by the
City Manager or his designee at least ten (10) days prior to the date of
said scheduled hearing of appeal.
(b) The Hearing Examiner may, at the request of the Appointing Officer or
the Appellant, call or request any person or records for the purpose of
ascertaining the facts.
(c) The Appointing Officer or a representative designated by him/her, shall
have the right to be present at such hearing and to be represented by
the City Attorney.
(d) The Appellant shall have the right to be present at such hearing and to
be represented by an attorney of his/her choice.
Said attorney shall be an attorney duly admitted and licensed to practice
in the State of Florida. In the event that the Appellant does not retain an
attorney, said Appellant may have an advisor of his/her choice present.
Such advisor shall not have the right to interrogate any witnesses or to
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enter objections to any testimony or evidence presented to the Hearing
Examiner, nor may such advisor speak in the Appellant's behalf.
(e) The findings of the Hearing Examiner shall be based upon competent
substantial evidence of record.
(f) The Appointing Officer shall have the burden of presenting evidence to
support the truth of the charges as contained in the written notice.
(g) The Appellant shall have the right to present evidence to refute the
charges brought against him/her.
(h) The Appellant shall have the right to be confronted by his/her accuser,
and the Appellant and the Appointing Officer shall each have the right
to cross-examine the witnesses of the other.
(1)
(i)
After both the Appointing Officer and the Appellant shall have presented
their testimony and evidence, the Hearing Examiner shall receive
argument in summation. The Appointing Officer shall have both the
opening and closing argument.
After the completion of closing oral argument, the Hearing Examiner
shall consider the testimony and evidence presented before the Hearing
Examiner to determine the truth or untruth of the charges.
(k) Within five (5) working days after the completion of the hearing, the
Hearing Examiner shall issue his or her findings as to the truth or untruth
of the charges in writing. The City Manager or his/her designee shall
promptly deliver or mail a copy of such findings to the Appointing
Officer and to the Appellant.
(1)
A copy of the written statement given the officer or employee, a copy of
any reply thereto, and a copy of the findings of the Hearing Examiner
shall be filed as a Public Record in the Human Resources Department.
FOP -53
APPENDIX A
COMPENSATION PLAN
FOP -54
City of Miami Beach
Compensation Plan
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Effective with the first full pay period beginning in April 2012 through September 30, 2012'
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64,843.97
2,484.44
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