Resolution 2024-33400 RESOLUTION NO, 2024-33400
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED
PUBLIC HEARING PURSUANT TO SECTION 5.04 OF THE CITY
CHARTER AND PRESENTATION OF A PRE-COLLECTIVE
BARGAINING ANALYSIS OF FRINGE BENEFITS, RATIFYING A
THREE (3) YEAR LABOR AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE ("FOP"),
WILLIAM NICHOLS LODGE NO. 8, FOR THE PERIOD FROM
OCTOBER 1, 2024 THROUGH SEPTEMBER 30, 2027; AUTHORIZING
THE MAYOR, CITY MANAGER, POLICE CHIEF, AND CITY CLERK
TO EXECUTE THE LABOR AGREEMENT, SUBJECT TO THE CITY
COMMISSION'S APPROVAL OF THE CORRESPONDING
CLASSIFIED SALARY ORDINANCE, WITH SECOND READING
SCHEDULED FOR DECEMBER 11, 2024.
WHEREAS, the City Manager has submitted to the Mayor and City Commission
the attached Labor Agreement ("Agreement") that was negotiated between the City of
Miami Beach ("City") and the Fraternal Order of Police ("FOP"), William Nichols Lodge
No. 8, for the employees covered by said Agreement for the period covering October 1,
2024 through September 30, 2027; and
WHEREAS, the previous Agreement was for a three-year period commencing on
October 1, 2021, through September 30, 2024; and
WHEREAS, Exhibit A to this resolution is a copy of the contract language changes
in substantial form that reflects the pension and economic issues, and the non-economic
issues tentatively agreed to between the City and the FOP; and
WHEREAS, Exhibit B to this resolution is a written report presented by the City
Manager or her designee as required by Section 5.04 of the City Charter, detailing the
current status and related fiscal impacts of fringe benefits, including pension and health
insurance plans; and
WHEREAS, following approval by the City Commission, any changes to the
Agreement may only be non-material in nature as determined by the City Attorney and
the FOP, or else would require re-ratification by the City Commission and FOP; and
WHEREAS, the FOP bargaining unit employees held a ratification on October 24,
2024, whereby the proposed 2024-2027 Labor Agreement was approved by a majority of
the bargaining unit members who voted; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,that the attached three(3)year
labor Agreement with the FOP,Williams Nichol Lodge No. 8 bargaining unit for the time period
covering October 1, 2024 through September 30, 2027 is authorized and approved; and the
Mayor, City Manager, Police Chief and City Clerk are authorized to execute the Agreement
on behalf of the City of Miami Beach, subject to the City Commission's approval of the
corresponding Classified Salary Ordinance,with second reading scheduled for December 11,
2024.
PASSED AND ADOPTED this .20 day of November 2024.
ATTEST:
Steven Meiner, Mayor
NOV 2 2 2024
Rafael . Granado, City Clerk
APPROVED AS TO
_- � .. FORM &LANGUAGE
ti' &FOR EXECUTION
UNCORPORATED`
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Resolutions - R7 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: November 20, 2024 1:36 p.m. Public Hearing
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING
PURSUANT TO SECTION 5.04 OF THE CITY CHARTER AND PRESENTATION
OF A PRE-COLLECTIVE BARGAINING ANALYSIS OF FRINGE BENEFITS,
RATIFYING A THREE (3) YEAR LABOR AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE ("FOP"), WILLIAM
NICHOLS LODGE NO. 8, FOR THE PERIOD FROM OCTOBER 1, 2024 THROUGH
SEPTEMBER 30, 2027; AUTHORIZING THE MAYOR, CITY MANAGER, POLICE
CHIEF, AND CITY CLERK TO EXECUTE THE LABOR AGREEMENT, SUBJECT
TO THE CITY COMMISSION'S APPROVAL OF THE CORRESPONDING
CLASSIFIED SALARY ORDINANCE, WITH SECOND READING SCHEDULED
FOR DECEMBER 11, 2024.
RECOMMENDATION
Adopt the Resolution.
BACKGROUND/HISTORY
The City's workforce is divided into Seven (7) Salary Groups: Group I represented by the
American Federation of State, County and Municipal Employees ("AFSCME") Local 1554; Group
II represented by the Fraternal Order of Police ("FOP"), William Nichols Lodge No. 8; Group III
represented by the International Association of Firefighters ("IAFF"), Local 1510; Group IV
represented by the Communications Workers of America ("CWA"), Local 3178; Group V
represented by the Government Supervisors Association of Florida ("GSAF"), OPEIU, Local 100;
Group VI comprising of of classifications in the classified service not covered by a bargaining unit
(commonly referred to as "Others"); and Group VII comprising of Unclassified employees.
ANALYSIS
On October 1, 2024, the three-year collective bargaining agreement between the City of Miami
Beach and the FOP covering the period of October 1, 2021 through September 30, 2024 expired.
The City and FOP began meeting on March 7, 2024, to negotiate a successor agreement. After
nine formal negotiation sessions, on September 5, 2024, the City and FOP reached a tentative
three-year agreement ("Agreement") covering the period of October 1, 2024, through September
30, 2027. The FOP leadership held a ratification vote ending on October 24, 2024, whereby the
proposed 2024-2027 agreement was approved by 87% of the bargaining unit members who
voted, attached as Exhibit C.
Page 1278 of 1993
The following is a summary of the newly negotiated terms between the parties:
General Provisions
3.2 Grievance Procedure — Modifications to the Step Ill hearing grievance process; Grievances
filed at Step 3 that are not supported by the FOP grievance committee shall be settled at Step 3
and may not proceed to arbitration.
Article 5 Management Rights —to conduct performance evaluations
7.3 Four-Day Workweek— Detention officers will work a four-day workweek
7.5 Distribution of Overtime Opportunity - Upon written request of either party, the parties agree
to provide for a reopener to discuss the concept of a protective day that would guarantee
employees are not forced to work on such day.
7.7 Forced Holdover- modifications and clarification to when forced holdover is applied. This
provision does not include unexpected occurrences such as natural or manmade disasters. This
provision does not apply to unplanned overtime. This provision does not apply to "carry-over
overtime" as described below, such as being held over the end of any shift due to investigations,
late calls for service or for any need for additional police presence as determined by the Chief or
his designee, unless there is a holdover as described above.
8.2 Police Vehicle Policy -at fault preventable accidents will result in take-home vehicle privileges
suspended as outlined in the tentative agreement.
8.26 Me Too with the IAFF - Clarifying language to limit the scope of the "Me too" to COLA's,
aspects of pension benefits provisions, and aspects of pay steps.
8.27 CJSTC Police Instructor Incentive Pay — Adjustment to overfill the list of CJSTC Police
Instructors temporarily exceeding the cap of 75 by up to 8 employees. Through attrition, the cap
will revert to 75.
Article 14 Drug Testing-reopener for purposes of negotiating over improved changes to cannabis
testing, subject to mutual agreement of the parties as memorialized by the execution of a
memorandum of understanding.
16.1 Promotions — Reopener for purposes of negotiating over improved changes to the
promotional exams to gain the most qualified leaders for positions through appropriate tests.
Page 1279 of 1993
Cost-Of-Living Adjustments (COLA)
8.1 Wage Increases:
• 3% effective with the first full pay period ending in July 2025
• 3% effective with the first full pay period ending in April 2026
• 3% effective with the first full pay period ending in April 2027
Other Economic Items
8.2 Police Vehicle Policy —Addition of Collier County for a biweekly fee of$75.00.
8.3 Compensation Plan - Effective upon ratification of this agreement, in consultation with the
FOP President, the Chief will develop a performance-based program that provides for a 1% one-
time, non-pensionable bonus to be available to each employee in each year of the contract
beginning on the first full pay period after April 1, 2025, April 1, 2026 and April 1, 2027, for
achieving the department's annually measurable goals and objectives set forth by the department.
If needed, the City Manager will render final decisions in areas of conflict or concern.
8.4 Step and Longevity Increases -An additional 4% step at the end of the range in year one (1)
and an additional 4% step at the end of the range in year two (2) for police officers and for
detention officers. A 4% adjustment to the range in year one and a 4% adjustment to the range
in year two for sergeants and lieutenants, helping us rank among the top agencies for police pay
in South Florida.
8.6 Hazardous Duty Pay— increase to $175.
8.7 Holidays —There is an addition of Public Safety Appreciation Day observed on the 4th Friday
in October.
8.9 Sick and Vacation Leave Accrual and Payment on Termination — Increase from 75% of sick
leave payment upon termination up to the cap to 100% of sick leave payment upon termination
up to the cap and a one-to-one conversion of sick to vacation in accordance with the City's
updated Classified Leave Ordinance.
8.10 Sick Leave Sell Back Program - Removal of emergency leave (EVACs) and increase in the
number of hours to sell back and deducted from the cap.
8.11 Bereavement— increase in bereavement benefit offered in the Classified Leave ordinance.
8.13 Out of Classification Pay- increase from $3 to $5.
8.15. Call In Pay, On Call Pay, and Telephone Calls — Members designated as "on-call" will
receive the 2.5% supplement pay only once, regardless of participation in multiple eligible groups.
8.21 Quality of Life— Specialty pay will be rolled into base pay. Elimination of specialty pay.
Page 1280 of 1993
8.24 Premium Pay Supplement Contingent Upon the Department Obtaining and Maintaining
Certain Accreditations - Specialty pay will be rolled into base pay. Elimination of specialty pay.
8.31 CJIS Pay— 5% of the 6% specialty pay will be rolled into base pay. CJIS will remain at 1%.
8.36 Special Operations Incentive —Provide 2.5% incentive pay for the Rapid Intervention Team
(RIT) up to 40 officers as assigned by the Chief.
8.37 Housing Stipend -The City will continue the housing stipend at $360 (up to a maximum of
50 sworn police employees in FOP, sworn Fire employees in IAFF, and Code Enforcement
officers in CWA combined).
8.38 Signing Bonus — The program will conclude when the allocated funds of $400,000 are
exhausted, paying out enrolled recruits as per their executed contracts.Allow 3 officers who were
recruited before January 2024 to enter the program with a fully executed contract.
11.4 Uniforms and Clothing Allowance - Specialty pay will be rolled into base pay. Elimination of
specialty pay.
Miscellaneous Items
8.23 Pension—clarifying language and additional language tying the current FAME to the current
disability benefit.
9.9 Post Employment Health Program - The contribution for PEHP will increase from $25 to $50
biweekly. Additionally, upon separation from service, all employees will contribute into their PEHP
account 100%of unused sick and/or vacation leave at dollar-for-dollar value,for up to a combined
maximum of 500 hours.
16.6 Education Points & Military Service Points - Only one degree shall count towards education
credit (highest degree). Also, each year of full-time active-duty military service completed
honorably is 0.25 points; Every two years of active reserve military service or national guard
service completed honorably is 0.25 points.
FISCAL IMPACT STATEMENT
The terms and conditions of the proposed three-year labor agreement between the City and FOP
assume an estimated impact of $3,188,796 for FY 2024/25, $4,670,913 for FY 2025/26, and
$4,823,760 for FY 2026/27. The total estimated three-year impact is $12,683,468. (See FOP
Contract Fiscal Impact Exhibit for a detailed analysis.)
Attached as Exhibit B is a written report presented by the City Manager or his designee as
required by Section 5.04 of the City Charter, detailing the current status and related fiscal impacts
of fringe benefits, including pension and health insurance plans. The fringe benefits including
pensions and insurance plans provided by or funded by the City to its officers and employees
have been considered and incorporated into the City budget inclusive in each Department's line
items.
Page 1281 of 1993
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.goy/city-hallIcity-clerklmeeting-notices/
FINANCIAL INFORMATION
See above fiscal impact statement. Fiscal year 2024/25 salaries and benefits are funded
through the Police Department funds in the City's 2024/25 budget.
CONCLUSION
The Administration finds the provisions of this contract fair to the employees and fiscally
responsible for the City. Therefore, adoption of this resolution is recommended. Exhibit A to the
resolution is a copy of the proposed labor agreement.
The City Attorney's Office has reviewed and approved the contract language as in form and legal
sufficiency.
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Human Resources
Sponsor(s)
Co-sponsorls)
Condensed Title
Page 1282 of 1993
1:36 p.m. PH, Ratify 3-Year Labor Agreement w/ FOP (Oct. 1, 2024 - Sept. 30, 2027). HR
Page 1283 of 1993
AGREEMENT
BETWEEN
CITY OF MIAMI BEACH,FLORIDA
and
MIAMI BEACH FRATERNAL ORDER OF POLICE
WILLIAM NICHOLS LODGE NO.8
Period Covered
October 1,20244 through September 30,20274
Page 1284 of 1993
TABLE OF CONTENT
PAGE NUMBER I Commented[LD1]:Renumber at the end
-
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 3
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 5
Step 3 5
Section 3.3. Binding Arbitration 6
Section 3.4. Authority of Arbitrator 6
Section 3.5. Expenses of Arbitration 7
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 8
Section 3.10.Waiver of Time Limitations or Steps 8
ARTICLE 4. NO STRIKE AND NO LOCKOUT 9
Section 4.1. No Strike 9
Section 4.2. No Lockout 9
ARTICLE 5. MANAGEMENT RIGHTS 10
ARTICLE 6. POLICE EQUIPMENT 11
ARTICLE 7. HOURS OF WORK AND OVERTIME 12
Section 7.1. Purpose 12
Section 7.2. Normal Workweek 12
Section 7.3. Four-Day Workweek 12
Section 7.4. Weekly Overtime 12
Section 7.5. Distribution of Overtime Opportunity 13
Section 7.6. No Pyramiding. 14
FOP-ii
Page 1285 of 1993
TABLE OF CONTENT
PAGE NUMBER
ARTICLE 8. WAGES AND FRINGE BENEFITS 15
Section 8.1. Across-the-Board Wage Increases 15
Section 8.2. Police Vehicle Policy 17
Section 8.3. Compensation Plan 17
Section 8.4. Step and Longevity Increases 18
Section 8.5. Shift Differential 18
Section 8.6. Hazardous Duty Pay 19
Section 8.7. Holidays 19
Section 8.8. Vacation Benefits 20
Section 8.9. Sick and Vacation Leave Accrual and Payment on Termination 20
Section 8.10. Sick Leave Sell Back Program 20
Section 8.11 Bereavement 21
Section 8.12. Court Time Compensation 21
Section 8.13. Out-Of-Classification Pay ..•22
Section 8.14. Standby Pay 22
Section 8.15.Call-In Pay,On-Call Pay and Telephone Calls 22
Section 8.16. Sunglasses and Prescription Glasses 23
Section 8.17. Field Training Officer 23
Section 8.18. Injury Service Connected(ISC) 24
Section 8.19. Special Assignment Allowance 25
Section 8.20. Extra Weapon 25
Section 8.21. Quality of Life 25
Section 8.22. Forced Holdover.... 26
Section 8.23. Pension 26
Section 8.24. Premium Pay Supplement Contingent Upon the Department Obtaining and
Maintaining Certain Accreditations 35
Section 8.25. Buyback of Probationary Time 35
Section 8.26. "Me Too"with the IAFF 35
Section 8.27. CJSTC Police Instructor Incentive Pay 35
Section 8.28 Second Language Pay 36
Section 8.29 Arson Investigator(Certified) 37
Section 8.30 Arson Investigator(Trainee) 37
Section 8.31 Drug Recognition Expert(DRE) 37
Section 8.32 CJIS Pay 37
Section 8.33 Crisis Intervention Team(CIT) 38
Section 8.34 Marine Pay 38
Section 8.35 Attendance Leave Incentive 38
Section 8.36 Special Operations Incentive 38
Section 8.37 Housing Incentive 38
Section 8.38 Signing Bonus 39
FOP-iii
Page 1286 of 1993
TABLE OF CONTENT
PAGE NUMBER
Section 8.39 Wellness Day 39
Section 8.40 Special Event Voluntary Response Team 39
ARTICLE 9. FOP HEALTH TRUST 40
Section 9.1. 40
Section 9.2. 41
Section 9.3. 41
Section 9.4 Health Trust Plan 42
Section 9.5 Indemnification 42
Section 9.6 Employment Eligibility 42
Section 9.7 Post Employment Coverage 42
Section 9.8 Voluntary Benefits Plan 42
Section 9.9 Post Employment Health Program(PERP) 42
ARTICLE 10. EDUCATIONAL LEAVE AND TUITION REFUND 43
ARTICLE 11. GENERAL PROVISIONS
Section 11.1. Safety and Health 44
Section 11.2. FOP Activity and Non-Discrimination 44
Section 11.3. Reduction In Work Force 44
Section 11.4. Uniforms and Clothing Allowance 45
Section 11.5. Disclosure of Records 45
Section 11.6. Transfers 46
Section 11.7. Meeting Between Parties 46
Section 11.8. Negotiating Sessions 46
Section 11.9. Job Descriptions 46
Section 11.10. Defense of Members 46
Section 11.11. Personnel Rules and Departmental Manual 47
Section 11.12. Incorporation of Personnel Rules 47
Section 11.13. Medical Leave of Absence 47
ARTICLE 12. SEPARABILITY 48
ARTICLE 13. TIME BANK 49
ARTICLE 14. DRUG TESTING 51
ARTICLE 15. DISEASE PRESUMPTION 53
FOP-iv
Page 1287 of 1993
TABLE OF CONTENT
PAGE NUMBER
ARTICLE 16. PROMOTIONS 55
Section 16.1. 55
Section 16.2. 55
Section 16.3. 55
Section 16.4. 56
Section 16.5. Seniority Points 56
Section 16.6. Education Points 56
Section 16.7. Book Committee 57
Section 16.8. Written Test Scoring 58
Section 16.9. Assessment Center Test Challenges 58
Section 16.10. 58
Section 16.11. 58
Section 16.12 Promotional Eligibility for Employees Under Investigation 59
ARTICLE 17. FOP PRESIDENT 60
Section 17.1. 60
Section 17.2. 60
Section 17.3. 61
ARTICLE 18. COMPENSATORY TIME 62
ARTICLE 19. ENTIRE AGREEMENT 63
ARTICLE 20. TERM OF AGREEMENT... 64
ELECTION OF REMEDY FORM 65
HEARING EXAMINER RULES 66
APPENDIX A—COMPENSATION PLAN 68
FOP-v
Page 1288 of 1993
•
AGREEMENT
THIS AGREEMENT, made and entered into this _day of , 20224, 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:
FOP-1
Page 1289 of 1993
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 of Police
Lieutenant of Police
Detention Officers
All other employees in other existing classifications are specially excluded.
FOP-2
Page 1290 of 1993
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 biweekly 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:
If the FOP member's annual salary is$65,000,then
$65,000 x.015=$975/26=$37.50
$37.50 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 to 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.
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)
FOP-3
Page 1291 of 1993
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.
FOP-4
Page 1292 of 1993
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 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 Police Chief shall
discuss the grievance within ten(10)workdays with the employee and the FOP
grievance committee at a time designated by the Police Chief. If no settlement
is reached,the Police 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: Upon ratification of this agreement, fif the grievance is not settled in Step 2
and both the employee and FOP grievance committee desire to appeal,or if it
FOP-5
Page 1293 of 1993
is a class grievance filed by the 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. Within fifteen(15)workdays
after the grievance is submitted oto HR a Step 3 hearing shall be conducted
by HR and a final Step 3 determination rendered.Or. upon mutual agreement
of both parties within fifteen 115)workdays after the grievance is submitted to
HR,the parties shall confer to pick a neutral third-party as a mediator.After the
mediator is selected, the parties shall schedule a mediation, which shall
happen within thirty (30) workdays after the selection of the mediator. The
parties can agree to extend this deadline,and it is understood that the selected
mediator's schedule may require an extension. The parties shall evenly split
the costs of the mediator. The rules of mediation that are applicable in the
Florida Courts shall apply, in full. For the avoidance of confusion,this means
that anything and everything discussed during mediation is confidential and
may not be introduced in any other proceeding, ever. This confidentiality
provision shall be interpreted as inclusive. Both parties must have a decision-
maker present at the mediation. If the parties are unable to resolve the matter
at mediation the mediator shall declare an impasse.Grievances filed at Step 3
that are not supported by the FOP grievance committee shall be settled at Step
3 and may not proceed to arbitration.
Section 3.3—Binding Arbitration
If the grievance is not resolved in Step 3 of the grievance procedure, the FOP grievance
committee may refer the grievance to binding arbitration within fifteen (15)workdays after the
declaration of impasse from Step 3. The parties may select an arbitrator by mutual agreement.
Nonetheless, 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 last party strikes shall be the arbitrator. The parties shall
notify the arbitrator of their selection and request the arbitrator's availability for a hear.
Written reprimands shall be settled at Step III.
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
FOP-6
Page 1294 of 1993
submitted to him. The arbitrator shall submit in writing his decision within thirty(30)days following
the submission of briefs by the parties. Either party may elect to make a closing argument at the
hearing. A party can BOTH make a closing argument and submit a written brief. Written beefs
shall be due on a date agreed to by the parties.The parties may agree to extend the deadline for
submission of written briefs.and the deadline for the decision from the arbitrator.
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 court reporter's attendance and 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.
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 Heanng Examiner Rules.
Section 3.8—Probationary Period
FOP-7
Page 1295 of 1993
Nothing herein shall in any way affect the discretion presently accorded the Police Chief with
respect to employees in their probationary period following hire or in their probationary penod
following promotion. It is specifically understood by the parties that the exercise of the Police
Chief's discretion in this regard shall not in any way be subject to the grievance procedure set
forth herein. Newly hired employees shall remain in probationary status for twelve (12) months
after completion of the Field Training Officer (FTO) program and have no right to utilize the
grievance procedure for any matter concerning discharge, suspension or other discipline during
such period.
Employees promoted to the rank of Sergeant of Police or Lieutenant of Police shall remain in
probationary status for nine(9)months after completion of the Supervisor FTO program designed
by the Chief of Police,with input from the Union. In no event will the Supervisor FTO program be
longer than eight(8)weeks.
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.
FOP-8
Page 1296 of 1993
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 dunng the term of this Agreement as a result of a labor
dispute with the FOP.
FOP-9
Page 1297 of 1993
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
conduct performance evaluations. 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 eighty (80) 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 member fails. Reserve Officers shall be compensated
one dollar ($1.00) per fiscal year. The cap on reserve officers can be adjusted by mutual
agreement of the City Manager or designee and FOP President.
Should the Department determine, in the discretion of the Chief with the concurrence of the FOP
President, to utilize reserve officers to staff special events or other circumstances, such reserve
officers will be compensated by the City at the prevailing off-duty rate.
FOP- 10
Page 1298 of 1993
ARTICLE 6
POLICE EQUIPMENT
The City agrees to issue equipment which includes four sets of class B and E uniform shirts and
pants or shorts on annual basis. Footwear,duty gear,department issued weapons, ammunition,
handcuffs, expandable batons, light and heavy jackets, rain gear and traffic templates, shall be
issued as needed. Additionally, the City will supply an initial issue whistle to all patrol officers.
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
$750.00, when needed. However, 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$1,000.00,when needed. If the City is no
longer a recipient of the BVP Grant, then the reimbursement rate shall be$750.00.
If the Department transitions to new or different types of equipment, all employees shall receive
the equipment and applicable training within one(1)year of the transition or within a reasonable
timeframe.
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 or upon separation from the Police Officer Reserve Program, 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. Any sworn employee who retires and remains as a reserve police officer shall
receive his or her retiree weapon when they separate from the Police Officer Reserve Program.
Note' The Chief of Police may require the wearing of body armor at any time in response to
specific events or threats. When the Chief directs that it be worn, members will wear only body
armor authorized or approved by the Department. Members who do not have body armor will not
be required to wear any,until the Department either supplies it to them or reimburses their
purchased and approved body armor.
FOP-11
Page 1299 of 1993
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.
Section 7.4—Weekly Overtime
Any member of the bargaining unit required to perform work outside of his/her regularly assigned
shift shall receive pay at time-and-one-half their current hourly rate, subject to the provisions of
the following paragraph.
FOP- 12
Page 1300 of 1993
The parties understand and agree that Section 207(k)of the Fair Labor Standards Act Regulations
shall apply to hours of work for employees covered under this agreement.Accordingly,the normal
biweekly work period shall consist of eighty (80) hours in a fourteen (14) day period. Hours
worked in excess of the eighty(80)hour biweekly work period shall be compensated at the rate
of one and one-half times the employee's regular rate of pay;however,sick leave,excluding sick
leave taken under the Family and Medical Leave Act (FMLA) and court sick leave (only after
having worked at least sixteen (16) consecutive hours), shall not count as hours worked for
purposes of overtime calculation. Leave without pay,excluding leave taken under the Family and
Medical Leave Act(FMLA),shall not count as hours worked for purposes of overtime calculation.
Hours worked on an off-duty assignment shall not count as hours worked for purposes of overtime
calculation. All other hours in paid status shall count as hours worked for the purposes of overtime
calculation.
Section 7.5—Distribution of Overtime Opportunity
a) Overtime is recognized as being of three (3) general types within the Police
Department:
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). "Cary-over Overtime"shall not
be subject to equal distribution rules.
2. Staffinsl 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. The Staffing Overtime list must be
exhausted before returning to the top of the list.
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. The Chief of
Police will develop and maintain a list of recurring special events. The
FOP- 13
Page 1301 of 1993
Union President will be notified of special event pre-action and post-
action meetings; his or her attendance is optional
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.
,_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.
d) Upon written request of either party.the parties agree to provide for a reopener to discuss
the concept of a protective day that would guarantee employees are not forced to work
on such day.
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 8.12, entitled Court Time
Compensation. when the court time does not fall completely within the employee's regular shift
or assigned overtime shift. In contrast, if the court time completely falls within the employee's
regular or overtime shift,no guaranteed minimum court time hours shall be paid.
Section 7.7—Forced Holdover
Effective upon ratification of this Agreement, if an employee is forced to stay beyond the hours of
his'her shift such additional hours will be paid at double the regular rate This provision applies to
being held over due to call outs (or other absences) in order to maintain appropriate levels of
staffing for day-to-day operations.
This provision also applies to an employee working a pre-scheduled overtime shift for enhanced
staffing needs,and where their overtime shift is extended beyond the initial preplanned overtime
shift,the overtime shift extension,or holdover period,is double time.If the Chief or command staff
officer orders a holdover of regular shift personnel for the same event in order to provide enhanced
staffing. then that holdover of regular staff will be double time. otherwise it will be at the regular
overtime rate
This provision does not Include unexpected occurrences such as natural or manmade disasters.
This provision does not apply to unplanned overtime.This provision does not apply to-carry-over
FOP-14
Page 1302 of 1993
overtime"as described below, such as beinq held over the end of any shift due to investigations,
late calls for service or for any need for additional police presence as determined by the Chief or
his designee. unless there is a holdover as described above.
The City will give a fourteen (14) calendar day notice whenever practical for planned overtime
events.
Forced Holdover will not be subject to the provisions contained in Article 7 4 Weekly Overtime
calculations.
FOP- 15
Page 1303 of 1993
ARTICLE 8
WAGES AND FRINGE BENEFITS
Section 8.1—Across-the-Board Wage Increases
a) Effective with the first full pay period ending in > r .L.; - ' there shall be a
th = •� percent L=%) across-the-board wage increase. This across-the-board wage
increase shall increase the minimums and maximums of the pay ranges for those
classifications covered by this Agreement.
b) Effective with the first full pay period ending_ April 202 6,,,there shall be a three percent
(3%) across-the-board wage increase. This across-the-board wage increase shall
increase the minimums and maximums of the pay ranges for those classifications covered
by this Agreement.
c) Effective with the first full pay period ending in April 202,-. there shall be a three percent
(3%) across-the-board wage increase. This across-the-board wage increase shall
increase the minimums and maximums of the pay ranges for those classifications covered
by this Agreement.
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.
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. The fee shall be based on
the location of their primary residence as shown below:
LOCATION BIWEEKLY 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
FOP-16
Page 1304 of 1993
The take-home vehicle program shall be available to any sworn officer who was hired
before July 18"',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 18"', 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 two(2)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 two(2)employees separates from
City employment, the number of Palm Beach cars will be reduced as each employee
leaves. Whenever one (1) of the two (2) Palm Beach County cars is eliminated, the
number of Broward County take home cars will be increased by that same number.
Effective upon ratification, in order to assist in the recruitment of officers the parties agree
that there shall be up to five(5)additional Palm Beach County take home cars allowed at
$75 per pay period offset rate Furthermore,there shall be up to five(5)additional Collier
County take home cars allowed at$75 per pay period offset rate.
Employees may not park their cars in a location so as to circumvent the restrictions
outlined in this section.
The City will adhere to portal to portal coverage requirements under Flonda State Law.
The Union agrees that each bargaining unit employee who is assigned a take-home
vehicle will purchase at his or her expense an extended non-owner coverage endorsement
or non-owner auto insurance coverage in the amount of at least$100,000,within 30 days
of this effective date of this agreement. In addition, the employee must maintain an
extended non-owner coverage endorsement or non-owner auto insurance coverage in the
amount of at least$100,000, for so long as he or she is assigned a take-home vehicle.
Employees who are initially assigned a take-home vehicle shall be required to obtain and
maintain an extended non-owner coverage endorsement or non-owner auto insurance
coverage in the amount of at least$100,000, prior to vehicle assignment.Any employee
without the required insurance coverage. as stipulated herein, may have the take-home
vehicle privilege revoked at the City's discretion. If the insurance industry no longer
provides the extended non-owner coverage endorsement or non-owner auto insurance
FOP-17
Page 1305 of 1993
coverage,there will be a re-opener in order for the City and Union to discuss the provisions
set forth in this section only.
e) In the event of two (2) or more at-fault"preventable" accidents occurring within a six (6)
month timeframe, the privilege of having a take-home vehicle will be suspended During
this period. the employee may operate the vehicle solely while on shift. However, the
vehicle cannot be taken home or driven outside of normal shift hours for a duration of thirty
(30)days
Every additional at-fault preventable accident-occurring within a six-month timeframe will
result in the following:
Three(3) -take-home vehicle privileges suspended for an additional 45 days
Four(4) -take-home vehicle pnvileges suspended for an additional 60 days
Five(5) -take-home'vehicle privileges suspended for an additional 120 days
Six(6) -take-home vehicle privileges will be suspended for six months. In addition,
a pre-determination hearing will be scheduled and progressive discipline may follow
up to and including termination.
In addition,the employee will be required to attend and complete driving school
431
Section 8.3—Compensation Plan
a) Entry Level Pay-Hired on or after October 1,1997
1. 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.
FOP- 18
Page 1306 of 1993
b) Non-Florida Certified Hire Academy Required - A newly hired,
Non-Florida certfied 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 less than one (1) year of experience -A newly
hired Police Officer with less 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.
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.
2. 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.
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.
FOP- 19
Page 1307 of 1993
b)c; Compensation Plan — Effective upon ratification of this agreement, in consultation
with the FOP President. the Chief will develop a performance-based program that
provides for a 1%one-time, non-pensionable bonus to be available to each employee
in each year of the contract beginning on the first full pay period after April 1, 2025.
April 1, 2026 and April 1, 2027, for achieving the department's annually measurable
goals and objectives set forth by the department If needed. the City Manager will
render final decisions in areas of conflict or concern
Section 8.4—Step and Longevity Increases
Step
All step and longevity increases shall become effective on the payroll period commencing nearest
the employee's anniversary date, as per current practice. Effective upon ratification of this
Agreement, a step increase shall be awarded based upon the employee receiving a satisfactory
evaluation during that rating period,with a minimum overall rating of 60%.
To greatly assist in the recruitment and retention of police officers. upon ratification of this
agreement the City of Miami Beach will increase base pay by:
Police officers add an additional 4`So step on first the paypenod after July 1. 2025. and add
an additional 4%step on the first pay period after April 1.2026
Sergeants: Effective in the first full pay period ending in July 2025, the Sergeant pay steps
shall be adjusted by four percent(4%) Then effective in the first full pay period ending in April
2026. the Sergeant pay steps shall be adjusted again by an additional four percent(4%)
Lieutenants Effective:n the first full pay period ending in July 2025.the Lieutenant pay steps
shall be adjusted by four percent(4%).Then,effective in the first full pay period ending in April
2026,the Lieutenant pay steps shall be adjusted again by an additional four percent(4%).
Detention officers add an additional 4% step on first the pay period after July 1. 2025. and
add an additional 4'%step on the first pay period after April 1. 2026
The agreed to adjusted pay scales above is reflected in the Compensation Plan included in
this Agreement and incorporated herein by reference
Effective the first full pay period after July 1.2025.the following nays will be incorporated into
biweekly base pay by being added to each step of each range for all employees'
Quality of Life supplement pay of$26 per pay period
CALEA supplement pay of$20 per pay period
Uniform cleaning allowances of$85 per pay period
5% (of 6%)of CJIS pay(leaving 1%CJIS supplement pays
FOP-20
Page 1308 of 1993
Longevity
For FOP employees hired on or before the date of ratification of this Agreement, longevity pay
will continue to be applied on base pay as well as pays identified by the following pay codes:
736; 766; 773; 778;852:853; 848;993.
For any FOP employee appointed after the date of ratification of this Agreement, longevity pay
will be applied only on base pay. No new pay will be included in the longevity calculation.
Longevity rates are: 2.5%after 7 years of employment
5%after 10 years of employment
7.5%after 15 years of employment
10%after 20 years of employment
11%after 25 years of employment
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 at approximately 9:00 p.m. (also called "Evening Shift"); a second shift
(also called "Day Shift") starting at approximately 6:00 a.m.; and a third shift (also called
"Afternoon Shift")starting at approximately 3:00 p.m.
If the City rearranges the shift scheduling or establishes any new shift, shift differential pay shall
follow the below formula based on the time period in which a majority of hours are worked by the
employee.
Effective upon ratification of this Agreement,where a majority of an employee's regularly assigned
shift hours fall between 7:00 p.m.to 6:00 a.m.,(the"Shift Differential Window")the employee shall
receive a shift differential of two dollars($2.00)per hour for all hours worked on days where the
majority of such employee's hours were within the Shift Differential Window.
Section 8.6—Hazardous Duty Pay
Effective upon ratification of this Agreement_ Aall employees covered by this Agreement, shall
receive hazardous duty pay in the amount of one hundred sevent five dollars($1 ,:=5)per
pay period effect,ve October 1,2024.Hazardous Duty Pay shall not be considered as pensionable
earnings.
The FOP will enter into a settlement agreement with the City waiving the Hazardous Duty Pay
awarded in FMCS Case No: 230425-05557.the"Me Too' arbitration. including back pay.
FOP-21
Page 1309 of 1993
Section 8.7—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 Ef'eot.'.,
of - ,gree e ! Employees whose regularly scheduled day off falls on a holiday shall be given
another day off.
The following holidays shall be recognized:
Holidays Recognized Date
New Year's Day` January 1
Juneteenth June 19
Independence Day July 4
. . _
Veterans Day November 11
Christmas Day' December 25
•u-ai•-__ • .�.• me •1 •I i .1 I __._.se -1• , -- ' I- . .- .. • .. . -
time for all hours worked,
Section 8.8—Vacation Benefits
Consistent with applicable ordinances.the vacation benefits presently enjoyed by the employees
covered by this Agreement shall continue. Employees shall be allowed to take vacation time off
upon completion of their entry FTO program.
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 8.9—Sick and Vacation Leave Accrual and Payment on Termination
FOP-22
Page 1310 of 1993
Effective upon ratification of this Agreement, Aall employees covered by this Agreement shall,
under applicable ordinances, rules, and regulations, be allowed to accrue no more than X00
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 at the time of resignation.
retirement, termination or death, or any other time as may be designated by the City Manager.
sick leave accrued in excess of 360 hours may be transferred to annual leave at the rate of one
J1)day of sick leave to one(1)day of annual leave for employees with more than ten (10)years
of creditable service. sick leave accrued in excess of 360 hours may be transferred to annual
leave at the rate of two i2j days of sick leave to one t1;) day of annual leave for employees with
ten t10)years or less,to reach a maximum of 620 hours of annual leave;
.: :; be permitted a maximum
payment at time of termination, death, or retirement of, no more than 620 hours vacation leave
and no more than e,ovcnty fivo porcont (75C,,) of sick loovo to a maxrnwm of 620 hours of sick
leave. Employees shall be permitted to carry vacation hours over the five sk hundred (6,600)
hour cap until March 315'of the following year.
Section 8.10—Sick Leave Sell Back Program
An annual sick leave sell back program,payable on a dollar for dollar basis,has been established
and implemented as stated in this section. The annual sick leave sell back period shall cover
each fiscal year, from October 15'to September 30'". Payments for each annual sick leave sell
back period will be made in the last pay period in November after the closing of the applicable sell
back period.
Effective upon ratification of this Agreement the sick leave sell back program will allow qualified
employees to sell back their annual sick leave accrual during the sell back period,minus any sick
and emergency .acotion leave utilized during the same period,to be reduced on an hour for hour
basis. Employees who have completed ess than fifteen i15) tears of ser rice before the start of
the applicable sell back period. may sell back up to 110 hours minus any sick and emergency
leave utilized during the same period,to be reduced on an hour for hour basis and deducted from
the cap Employees who have completed t• ++u-Y-fifteen(1528)years of service or more,before
the start of the applicable sell back period,may sell back up to 1 36 68 hours minus any sick and
emergency vacation leave utilized dunng the same period, to be reduced on an hour for hour
basis and deducted from the cap. Leave utilized under the Family and Medical Leave Act(FM LA)
and reiigious sick shall not reduce the sick leave sell back amount.
In order to qualify for participation in the sick leave sell back program,employees must: (1)Have
been employed by the City throughout the entire sick leave sell back period being measured:and
(2)- .•-_ : maintain at least three hundred (300) hours of combined
accumulated sick leave,vacation leave, and wellness days after each sell back date. Employees
who have completed five(5) years of service or less, before the start of the applicable sell back
FOP-23
Page 1311 of 1993
period, must maintain at least two hundred (200) hours of combined accumulated sick leave,
vacation leave, and wellness days after each sell back date. The sick leave hours sold back as
part of this program cannot cause the employee's accumulated sick and vacation leave to fall
below the aforementioned minimum established thresholds.
Section 8.11 —Bereavement
Effective upon ratification of this Agreement.employees may exercise the Increased bereavement
benefit in the classified leave ordinance.All employees will be entitled to use bereavement leave
as established by cityw;de procedure
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 four(t i 03y9 up to l ie tb:off 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. Up to two ":2) days shall be allowed for the death of any other
relative not listed as an immediate family member At his or her request, the employee shall be
provided two(2)additional work days off,which shall be charged to the employee's accrued sick
or vacation leave bank. In such circumstances, additional time off may be granted at the
discretion of the Police Chief 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 Police Chief.
All Bereavement leave:s to he taken no later than 180 days after the death of the family member
occurs
The City shall be responsible for funeral expenses for any employee killed in the line of duty,up
to a maximum of$20,000.
Section 8.12—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:
a) Effective upon ratification of this Agreement, during an employee's off-duty hours, a
minimum of four (4) hours per day shall be guaranteed. However, if an employee's first
court appearance begins within one(1)hour of the start of his/her regularly assigned shift
or ends within one(1)hour after the end of his/her regularly assigned shift,a minimum of
two(2)hours per day shall be guaranteed.
FOP-24
Page 1312 of 1993
b) 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).
c) 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 8.13—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
($53.00)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 8.14—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 eight (8) 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 8.15—Call-In Pay,On Call Pay,and Telephone Calls
a. Call-In Pay
An employee who is called to perform work outside of his regularly assigned shift will be paid a
minimum of two(2)hours'compensation at the straight time hourly rate or time and one-half the
regular hourly rate, subject to the provisions of Article 7.4, Weekly Overtime, except when
contiguous to the employee's regular schedule.
b. On Call Pay
FOP-25
Page 1313 of 1993
Effective upon ratficaton of this Agreement. Eemployees who are designated as on call status
will receive a two and half percent(2.5%)supplement pay per pay period on a monthly basis.
Those designated as on call status include the following:
• Criminal Investigations Division
• Hostage Negotiations Team
• SWAT Techs
• Special Weapons and Tactics Team
• Tech Services
• PEU
• Homeless Resource Officers(HRO)
• Intelligence Unit
• PIO
• IA
• FOP President
• Traffic Homicide Investigators
• K-9
• Neighborhood Resource Officers
Members designated as on-call will receive the 2 5''h supplement pay only once. regardless of
participation in multiple eligible groups.
Members receiving this benefit must be available to the Department when called. Unreasonable
failure to respond when called may result in removal of this benefit for up to one year, at the
discretion of the Chief.
c. Telephone Calls
Any off-duty employee who receives a telephone call from a supervisor regarding a matter that
pertains to an investigation or incident arising from his/her most recent(last)work shift, shall be
paid a 30-minute minimum at straight time or time and one half the regular hourly rate,subject to
the provisions of Article 7.4,Weekly Overtime,for the first off duty call on a given day.Subsequent
calls that occur after the initial 30 minutes will be compensated in 30-minute increments not to
exceed two hours for all matters.
Section 8.16—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 one hundred fifty($150.00)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 8.17—Field Training Officer
FOP-26
Page 1314 of 1993
Bargaining unit employees who are assigned to the Field Training Officer(FTO)program by the
Police Chief shall receive five percent(5%)of their base rate of pay on a biweekly basis, for as
long as they are assigned to the program. The Chief of Police will assign, reassign. or remove
FTOs at least annually. The Police Chief, or his/her designee, in his/her sole discretion, may
assign Officers to Field Training Officer(FTO)assignment.
Section 8.18—Injury Service Connected(ISCI
Effective upon new service-connected injuries sustained after ratification of this Agreement, and
provided that the Authorized Treating Physician has determined that the employee cannot return
to work, with or without restriction, for a period of up to thirty-two(32)weeks 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:
a) While on duty and entitled to be paid by the City;or
b) 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
c) 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
d) 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.
e) 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.
After the advice and comments of the Police Chief and the FOP President,the City Manager, at
his/her sole discretion, may extend the above descnbed ISC 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.
After an employee exhausts his/her benefits under this article and is receiving Workers'
Compensation benefits directly from the third party administrator,the City shall access the
FOP-27
Page 1315 of 1993
employee's leave accruals to keep him/her whole. Deductions for such benefits such as health
and dental insurance coverage and pension contributions will be made from the value of the
accrued leave. Once an employee runs out of leave accruals and is still unable to return to
work, the employee has an affirmative responsibility to contact the Human Resources
Department, Benefits Division,to make benefit payment arrangements. Employees will be
given one month's grace period after which coverage shall be cancelled.
If the Authorized Treating Physician has determined that the employee can return to work,with
or without restrictions, and the employee does not report to work, then the employee must use
their accrued sick leave.
Eligible employees will be coded ISC when using time for a required follow-up appointment with
their Authorized Treating Physician and/or physical therapy prescribed by their Authorized
Treating Physician. ISC leave will not be granted to employees who have reached Maximum
Medical Improvement(MMI), as determined by their Authonzed Treating Physician. Employees
at MMI will not receive compensation for time spent at a follow-up appointment with authorized
treating physicians,physical therapy,or other medical care related to the employee's injury.
In all cases, employees must notify their supervisor in writing of a scheduled appointment with
their authorized treating physician, physical therapy, or other medical care. Employees will not
be paid for attending medical appointments or physical therapy scheduled outside their regularly
scheduled workday.
Section 8.19—Special Assignment Allowance
Employees assigned on a permanent basis to motorcycles or the training unit shall receive a
special assignment pay of five percent(5%)of their base pay.
Employees assigned to work a 5-8 shift shall receive a special assignment pay of two and one-half
percent(2 Y2%). 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 injury service connected light duty
employee takes off from 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 8.20—Extra Weapon
FOP-28
Page 1316 of 1993
Employees will be allowed to carry a concealed,extra weapon while on duty,as approved by the
range master.
Section 8.21 —Quality of Life
The City agrees to continue a Quality of Life Program. The Quality of Life supplement pay shall
be$26.00 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 supplement payments.The Quality of Life supplement
will be made available to all qualifying Bargaining Unit Members.
The City and the FOP agree to continue a Quality of Life Program. Effective the first full pay
period after July 1, 2025, this supplement pay of $26 per pay period will be rolled into all
employees' biweekly base pay. The rolling of the incentivization pay into the base pay does not
end the expectations associated with this program
If-an employee is forced.-to-stay beyond the hours of his her shift such additional hours will be
prooteion-does not-4nclude-ur peeted-occurrences such-as natural or manmade disasters The
Section 8.223—Pension
The pension benefits and employee contributions as they currently exist shall continue for
bargaining unit members, except that the City shall amend the pension plan upon ratification of
this Agreement,to provide the following benefits and employee contributions for elanbargain nq
members who retire on or after September 30,2013(except as otherwise specified below):
A. Military Buy Back: Upon completion of five(5)years of creditable service under
the pension system, (ten years for members hired after July 31, 2019),members
may purchase additional creditable service under the system for up to two(2)years
of prior military service, in increments of up to three percent (3%) per year of
service for a maximum additional multiplier of six percent(6%). purchased at ten
percent (10%) or ten and one half percent (10.5%), (for new hires required to
FOP-29
Page 1317 of 1993
contribute 10.5% to the plan as set forth in sections G and H herein), of
pensionable salary during the 12 calendar months immediately preceding the date
of such purchase: for each year of military service purchased, 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.Such purchased creditable service
will be available for use as a benefit, including for purposes of reaching normal
retirement eligibility. In no event may the purchased service be used for purposes
of vesting credits.
The purchase of additional military service must be completed within twenty-four
(24) months following a member's completion of five years of creditable service
under the pension plan (ten years for members hired after July 31. 2019). If a
member does not complete the purchase within the twenty-four(24)month penod,
he/she shall not be eligible for the purchase in the future. These provisions shall
be applicable upon attaining ten (10)years of creditable service under the Miami
Beach Police/Fire Pension plan for employees hired on or after ratification of this
agreement.
Prior Police Service Buy Back: Effective July 31. 2019, all bargaining unit
employees shall have a window between July 1,2021 and September 30,2021 in
which to purchase up to two years creditable service in increments of up to three
percent per year of service for up to two years of prior service. For purposes of
determining credit for prior service, in addition to service as a police officer in this
state,credit may be given for federal,other state,or county service as long as such
service is recognized by the Criminal Justice Standards and Training Commission
within the Department of Law Enforcement as provided in chapter 943 or the police
officer provides proof to the board of trustees that such service is equivalent to the
service required to meet the definition of a police officer. The creditable service
shall be purchased at 10%or 10.5% (for employees required to contribute 10.5%
to the plan as set forth in sections G and H herein)of pensionable salary during
the 12 calendar months immediately preceding the date of such purchase:for each
year purchased. 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,with the cost prorated for fractional years of service. In the event
the employee separates from employment after purchase of such creditable
service but prior reaching 10 years of creditable service, the employee shall be
reimbursed amounts paid in. Such purchased creditable service will be available
for use as a benefit,including for purposes of reaching normal retirement eligibility,
upon completion of 10 years of creditable service under the pension system. In no
event may the purchased service be used for purposes of vesting credits.
Non Prior Service Buy Back: Effective July 31, 2019. all bargaining unit
employees shall have a window between July 1, 2021 and September 30,2021 in
FOP-30
Page 1318 of 1993
which to purchase up to two years creditable service in increments of up to three
percent per year of service for a maximum additional multiplier of six percent(6%),
purchased at 10% or 10.5% (for employees required to contribute 10.5% to the
plan as set forth in sections G and H herein)of pensionable salary during the 12
calendar months immediately preceding the date of such purchase;for each year
purchased. 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. Such purchased creditable service will be available for use as a
benefit upon completion of 10 years of creditable service under the pension
system. In the event the employee separates from employment after purchase of
such creditable service but prior reaching 10 years of creditable service, the
employee shall be reimbursed amounts paid in. In no event may the purchased
service be used for purposes of vesting credits.
The total amount of creditable service available for purchase shall not exceed a
total two years(6%)for any combination of the above buy back options, or when
an employee has participated in a prior by-back in the Miami Beach Police/Fire
Pension system of six percent(6%)or more.
B. All compensation for work performed pursuant to Off-Duty Assignments, as
outlined in the Department's Standard Operating Procedures (SOP's), shall be
included in a member's salary for pension purposes, and shall be used in the
calculation of member contributions and benefits. Provided, in no event shall
overtime pay and/or off-duty pay,exceed the caps presently specified in the Miami
Beach Police and Fire Pension Ordinance. Overtime in excess of 300 hours per
year or payments for unused sick and and/or vacation leave may not be included
in compensation for pension purposes.
C. 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,employees who entered the DROP on or after October 1,2015,but
prior to July 20,2016,may extend their DROP participation period by up to
thirty-six(36) months, for a total maximum DROP participation period not
to exceed ninety-six(96)months. Employees who enter the DROP on or
after July 20, 2016 will be subject to a total maximum DROP participation
period not to exceed ninety-six(96)months. Notwithstanding, participation
may not continue beyond that date when the employee's combined years
of creditable service and time in the DROP equals four hundred and fifty-
six(456)months.Provided also that participation in DROP shall require the
FOP-31
Page 1319 of 1993
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.
c. Employees currently in the DROP,who meet the requirements set forth
in Sections 1 and 2 above, and elect to extend their DROP participation
period,must sign such forms as may be required by the Pension Board by
no later than September 1. 2019.
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 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,
contribution 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
FOP-32
Page 1320 of 1993
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.
b.Employees who entered the DROP on or after October 1,2015,but prior
to July 20,2016,who choose to extend their DROP participation period by
up to thirty-six(36)months shall receive a zero(0%)retiree COLA for their
sixth(6th),seventh(7th),and eighth(8th)annual adjustment dates. If these
employees separate from employment with the City at any time within the
sixth(6th),seventh(7th),or eighth(8th)year in DROP,they will not receive
a retiree COLA on the annual adjustment date following their separation of
employment with the City, but will receive all annual retiree COLAs
thereafter.
c. Employees hired before July 20, 2016 and who enter the eight(8)year
DROP on or after July 20, 2016 shall receive a zero(0%)retiree COLA for
their sixth(6th),seventh(7th),and eighth(8th)annual adjustment dates. If
these employees separate from employment with the City at any time within
the sixth (6th), seventh (7th). or eighth (8th) year in DROP, they will not
receive a retiree COLA on the annual adjustment date following their
separation of employment with the City, but will receive all annual retiree
COLAs thereafter.
d. Employees hired after July 20,2016 who enter the DROP shall receive
a zero(0%)retiree COLA for their first(1st), second(2nd),third(3rd), and
fourth (4th) annual adjustment dates. If these employees separate from
employment with the City at any time within the first (1st), second (2nd),
third(3rd),or fourth(4th)year in DROP,they will not receive a retiree COLA
on the annual adjustment date following their separation of employment
with the City, but will receive all annual retiree COLAs thereafter.
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.
Any and all interest and or earnings shall be credited to the participant's
DROP account.
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
FOP-33
Page 1321 of 1993
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. In the event of the member's death, payment
shall be made directly to the member's beneficiary. 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 after the final DROP deposit.
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.
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.
FOP-34
Page 1322 of 1993
11. 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.
12. A member who elects to participate in the DROP shall retain the earned
balance of accrued sick and vacation leave as of date of entry into the
DROP,and shall continue to earn sick and vacation leave during the DROP
period, in accordance with the stipulations set forth in the collective
bargaining agreement between the City and FOP. While in the DROP,the
member shall have the one-time option of receiving payment for accrued
sick and/or vacation leave, up to the maximum payout upon separation of
employment allowed by the collective bargaining agreement between the
City and FOP,provided that the employee shall retain at least one hundred
twenty(120)hours of accrued sick leave after such payment.The one-time
election to receive payment of leave balances shall be made in any one
year of the DROP,by notifying the City no later than August 31 of that year.
Employees may request such payment prior to entry into the DROP but
must be in the DROP at the time of payout. Payment will be made on the
second pay period of February of the following year. Upon final separation
from employment with the City. a member who has participated in the
DROP shall be eligible to receive payment for the balance of all accrued
sick and vacation leave as of the date of final separation, up to the
maximum provided in the collective bargaining agreement,as reduced by
the prior payout, if any. In no event shall payments for accrued sick or
vacation leave be included in a member's earnings for the purposes of the
plan.
D. Pension benefits for employees hired prior to July 14, 2010; all changes effective
September 30, 2013, unless otherwise specified:
1. The benefit multiplier shall be three percent(3%)for each year of creditable
service for the first twenty(20)years of service, and four percent(4%)for
each year of creditable service after twenty(20)years of creditable service.
FOP-35
Page 1323 of 1993
2. The normal retirement date shall be as provided in the current pension
plan,except that a member must attain the age of 47 to be eligible for"Rule
of 70"retirement or reach the 85%benefit cap,regardless of age.
3. The final average monthly earnings (FAME) shall be based on the
member's two (2) highest or last (whichever is of greater benefit to the
employee)paid years of creditable service,prior to retirement or separation
from employment. Effective September 30,2015,the final average monthly
earnings(FAME)shall be based on the member's three(3)highest or last
(whichever is of greater benefit to the employee)paid years of creditable
service,prior to retirement or separation from employment.
4. The retiree cost of living adjustment (COLA) shall be two- and one-half
percent(2.5%)annually.
5. The maximum pension benefit shall be 85%of pensionable income.
6. An employee shall be vested after completion of five(5)years of creditable
service.
7. Ten percent(10%)employee pension contribution.
E. Pension benefits for employees hired on or after July 14, 2010, but prior to
September 30,2013;all changes effective September 30, 2013,unless otherwise
specified:
1. The benefit multiplier shall be three percent(3%)for each year of creditable
service for the first twenty(20)years of service, and four percent(4%)for
each year of creditable service after twenty(20)years of creditable service.
2. The normal retirement date shall be as provided in the current pension
plan. except that a member must complete at least 5 years of creditable
service and attain the age of 48 to be eligible for"Rule of 70"retirement or
reach the 85%benefit cap regardless of age.
3. The final average monthly earnings (FAME) shall be based on the
Member's three (3) highest or last (whichever is of greater benefit to the
employee)paid years of creditable service,prior to retirement or separation
from employment.
4. The retiree cost of living adjustment (COLA) shall be one and one half
percent(1.5%)annually.
5 The maximum pension benefit shall be 85%of pensionable income.
6. An employee shall be vested after completion of five(5)years of creditable
service.
7. Ten percent(10%)employee pension contribution.
FOP-36
Page 1324 of 1993
F. Pension benefits for employees hired on or after September 30,2013, but prior to
July 20, 2016:
1. The benefit multiplier shall be three percent(3%)for each year of creditable
service for the first twenty(20)years of service, and four percent(4%)for
each year of creditable service after twenty(20)years of creditable service.
2. The normal retirement date shall be as provided in the current pension
plan. except that a member must complete at least 5 years of creditable
service and attain the age of 48 to be eligible for"Rule of 70"retirement or
reach the 85%benefit cap regardless of age.
3. The final average monthly earnings (FAME) shall be based on the
Member's five (5) highest or last (whichever is of greater benefit to the
employee)paid years of creditable service,prior to retirement or separation
from employment.
4. The retiree cost of living adjustment (COLA) shall be one and one half
percent(1.5%)annually.
5. The maximum pension benefit shall be 85%of pensionable income.
6. An employee shall be vested after completion of five(5)years of creditable
service.
7. Ten and one half percent(10.5%)employee pension contribution.
G. Pension benefits for employees hired after July 20,2016 and prior to July 31,2019:
1. The benefit multiplier shall be three percent(3%)for each year of creditable
service for the first twenty(20)years of service,and four percent(4%)for
each year of creditable service after twenty(20)years of creditable service.
2. The normal retirement age shall be 52 with 5 or more years of creditable
service; however, under"Rule of 70" retirement, a member must attain a
minimum age of 48 or reach the 85%benefit cap regardless of age.
3. The final average monthly earnings (FAME) shall be based on the
Member's five (5) highest or last (whichever is of greater benefit to the
employee)paid years of creditable service,prior to retirement or separation
from employment.
4. The retiree cost of living adjustment (COLA) shall be one- and one-half
percent(1.5%)annually.
5. The maximum pension benefit shall be 85%of pensionable income.
6. An employee shall be vested after completion of five(5)years of creditable
service. Employees hired after July 31, 2019 shall become vested after
completion of ten(10)years of creditable service.
FOP-37
Page 1325 of 1993
7. Ten-and one-half percent(10.5%)employee pension contribution.
8. Employees hired after July 31, 2019 shall not be credited with any prior
creditable time in the Miami Beach General Employee Pension Plan.
The pension breakdowns above are for illustrative purposes and do not encompass all pension
benefits afforded to respective members. The full itemization of pension benefits is available in
the plan summary for the Fire and Police Pension Plan, as well as the Fire and Police Pension
Ordinance.
Section 8.2:4—Premium Pay Supplement Contingent Upon the Department Obtaining and
Maintaining Certain Accreditations.
In recognition for obtaining and maintaining the accreditation described below, the following
premium pay supplement will be paid under the following terms:
a) All bargaining unit members shall be paid a premium pay supplement of$20.00 per pay
period for as long as the Police Department maintains Accreditation by the Commission
on Accreditation for Law Enforcement Agencies(CALEA).
If the accreditation provided for above is discontinued for reasons unrelated to the action or
inaction of bargaining unit members,then the supplement shall continue.
The City and the FOP agree tc continue obtaining and maintaining the CALEA accreditation
Effective the first full pay period after July 1. 2025 this supplement pay of$20 per pay period will
be rolled into all employees biweekly base pay.The rolling of the incent vization pay into the base
pay does not end the expectations associated with this program.
Section 8.2». Buyback of Probationary Time. Employees hired prior to September 30,2019
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. Effective September 30, 2013, all newly hired employees shall
participate in the pension plan upon date of hire.
FOP-38
Page 1326 of 1993
Section 8.265—"Me Too"with the IAFF
For the duration of this Agreement and not hereafter, tThe FOP reserves the right to a"me too"
agreement with the IAFF in the event that a ratified agreement between should the City and the
IAFF results in increase in a cost of living(COLA). pension or Steps as follows. e-GAFF
(1) If a COLA pay increase for the entire IAFF bargaining unit. beyond any COLA provided in
this Agreement, the FOP reserves the right to a parallel COLA adjustment for the
employees covered by this Agreement, unless the increase is due to the rolling-in of
specialty pay into the COLA.
t2) If an increase in the pension benefits for the IAFF bargaining unit as provided for in Section
7 22 of the IAFF Agreement. beyond any pension benefit provided in this Agreement,but
not including any increase to pensionable specialty pays,the FOP reserves the right to a
parallel pension benefit adjustment for employees covered by this Agreement unless the
increase in the IAFF pension benefit is the result of a requirement by applicable law. In
the 2024-2027 IAFF Collective Bargaining Agreement,the IAFF agreed to reduce the Final
Average Monthly Earnings(FAME)period from 5 years to 3 years.along with lowering the
disability pension benefit from 85%to 50%. These two provisions are tethered and must
be implemented together. one cannot be subject to a"me too-clause without the other
(3) If an increase in the Step scale for IAFF bargaining Firefighters and Fire Lieutenants.the
FOP reserves the right to a parallel step scale increase for equivalent steps for Police
Officers and Police Lieutenants, unless the increase is due to the rolling-in of specialty
pay into the Steps increase provided however the FOP reserves the right to roll-!n the
equivalent value of specialty pay amounts into its step plan.
All the foregoing shall only become effective upon agreement and ratification of the parallel Me
Too language in the IAFF contract
Section 8.276—CJSTC Police Instructor Incentive Pay
Effective upon ratification of this Agreement, Tthe City will pay, under the terms stated in this
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 seventy-five (75). and tempocanly up to an additional e2ht(8)for
a total of eighty-three(83).-police officers who obtain and maintain certification from the Criminal
Justice Standards and Training Council (CJSTC)as Police Instructors:
a) No more than seventy-five(75) and temporarily up to an additional eight(8)for a total of
eighty-three(83' FOP employees will be eligible to receive the two and one-half percent
FOP-39
Page 1327 of 1993
(2.5%)Police Instructor Certification pay.
b) Additional FOP employees(up to the seventy-five(75) _ ,.,te^
eight (8)for a total of eighty-three (83) employees 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. (4) Employees must teach a
minimum of two classes per calendar year. FOP employees will qualify (not to exceed
the seventy-five (75)employee cap. and temporarily up to an additional eight (8) for a
to of ., , t. ee )_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 seventy-five (75) anc a
• ^. e.-t 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 Chief of Police may remove an employee from the CJSTC certified police instructor
roster after two (2) incidents wherein the employee refuses or fails to train when
requested or exhibits poor performance as a trainer. Such removal from the roster shall
constitute an automatic termination of the two and one-half percent (2.5%) instructor
incentive pay. After the first incident wherein the employee refuses or fails to train when
requested or exhibits poor performance as a trainer, the Chief of Police shall provide
notice to the employee, with a copy to the Union, advising that the second incident will
result in his or her removal from the CJSTC certified police instructor roster and the
cessation of the concomitant incentive pay. After the second incident,the employee shall
be removed from the CJSTC certified police instructor roster and the concomitant
incentive pay shall be terminated,effective on the date of the second incident.
f)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%)
FOP-40
Page 1328 of 1993
regardless of any additional certifications that the FOP employee may receive through the
CJSTC.
Section 8.287—Second Language Pay
Employees who are conversationally proficient in a second of the following languages: Spanish,
Creole, Portuguese, Hebrew, French, Russian, German, Cantonese, Mandarin, Italian, Czech,
Korean, or American Sign Language; shall be eligible to receive second language pay equal to
two and one-half percent(2.5%)of their biweekly base pay. Proficiency will be determined by an
employee obtaining a minimum rating of level 9 on the"Speaking and Listening Assessment"test
administered by ALTA Language Services, Inc. via telephone and proctored by the Police
Administration.The test may be scheduled with at least seven(7)work days'notice to the Police
Administration. The employee will bear the cost of paying for the test. The employee will be
subject to requalification for the pay supplement every five(5)years. Second language pay shall
not be considered as pensionable earnings. If ALTA Language Services, Inc., no longer
administers the aforementioned types of tests,there will be a re-opener in order for the City, with
Union input,to select a new testing services provider.
Section 8.298—Arson Investigator(Certified)
Employees who perform arson investigation work, as designated by the Chief of Police, and are
certified by the State of Flonda as arson investigators, shall receive an additional five percent
(5%)of their biweekly base pay,whenever assigned to perform arson investigation work.
Section 8.30-29—Arson Investigator(Trainee)
Employees who perform arson investigation work,as designated by the Chief of Police, and are
in the process of obtaining their certification from the State of Florida as arson investigators,
shall receive an additional two-and one-half percent(2.5%)of their base pay whenever
assigned to perform arson investigation work.
Section 8.330—Drug Recognition Expert(DRE)
Employees certified as drug recognition experts(DRE),as designated by the Chief of Police,shall
receive an additional five percent (5%) of their base pay upon receipt of their drug recognition
expert certification.
Section 8.312—CJIS Pay
FOP-41
Page 1329 of 1993
Effective the first full pay period upon ratification,employees who maintain their Criminal Justice
Information Systems(CJIS)certcation shall receive a four percent(4%)supplemental calculated
on their base pay. An additional two percent(2%)shall be added to this supplement for a total of
six percent(6%)phased in as follows:additional one percent(1%)effective the first full pay period
ending in October 2022; and an additional one percent (1%) effective the first full pay period
ending in October 2023.
The City ana the FOP agree to continue that each employee r,it mantain the.r Cri ntnai Just'ce
Information Systems(CJIS)certification Effective the first full pay period after July 1. 2025,5%
(of 6'0)of this supplement pay will be rolled into all employees biweekly base pay, leaving a 1%
CJIS supplement pay The rolling of the incentwization pay into the base pay does not end the
expectations associated with this program.
Section 8.332—Crisis Intervention Team(CIT!
Employees who have already attended and passed the 40-hour crisis intervention team (CIT)
training shall receive an additional two and a half percent (2.5%) of their base pay (non-
pensionable). Employees who attend this training after ratification of this Agreement must be
vested in order to qualify for this pay. Employees who qualify for this pay will have to attend
refresher training as directed by the Chief of Police to maintain their qualification for CIT pay.
Section 8.343—Marine Pay
Any employee who is assigned to the marine patrol unit on a full-time basis shall receive
assignment pay equal to five percent(5%)of their biweekly base pay.
Section 8.354 Attendance Leave Incentive
Effective the first full pay penod upon ratification,employees shall be entitled to an Attendance
Leave Incentive(alternate holiday).On a semiannual basis, any employee who has no sick
leave(with the exception of one sick incident for those assigned to Patrol)or emergency sick
call out(not including FMLA)at the end of each 6-month period(10/1 to 3/31;and 4/1 to 9/30)
shall be entitled to one(1)alternate holiday for each 6-month penod for a total of up to two(2)
alternate holidays per year.The alternate holiday must be approved and used within the year in
which it is earned and may not be carried forward.
Employees eligible for the attendance leave incentive shall have their hours deposited into their
attendance leave banks on the first pay period following completion of the six-month cycle.
Section 8.3:45 Special Operations Incentive
FOP-42
Page 1330 of 1993
Effective upon ratification of this Agreement,employees assigned to the K-9 Unit,and the Special
Weapons&Tactics (SWAT)Team and up to a max ,r f ':i = kta - intervention Team
officers ass .;n>,_i sY tre Chief shall receive a Special Operations Incentive Pay of two and one-
half percent(2.5%)of their base rate of pay on a biweekly basis(non-pensionable)for as long as
they are assigned to the unit.
Section 8.362 Housina Stipend
Effective upon ratification of this Agreement, the City shall pay a housing stipend of$250 360
per mon. . - • __ '-
September 1-,--2024.for-bargatnmg unit membor& to up to a maximum of fifty;501 police
employees in FOP,fire employees in IAFF,and eCode Ceompliance eOfficers employees in
Communication Workers of America. Local 317E.combined4 on a first-come,first-serve basis,
living within the Miami Beach City limits, upon confirmation of residency by the Human
Resources Department,as established by City Commission.
Section 8.378 Signing Bonus
Effective November 1,2021.the City shall pay a signing bonus to all newly hired Certified Police
Officer's and Police Officer Trainees, up to $400,000 as currently authorized by the City
Commission,as follows:
Police Officer Trainee
The City shall pay to the Employee the gross sum of ten thousand dollars($10,000.00)over a
period,less any applicable taxes,to be paid as follows:
• $2,500.00 upon graduation from academy and passing the State exam
• $2,500.00 after completion of the FTO Program
• $2,500.00 after successful completion of probation
• $2,500.00 after honorable completion of another full year after probation
Certified Police Officer
The City shall pay to the Employee the gross sum of fifteen thousand dollars($15,000.00),less
any applicable taxes,to be paid as follows:
• $5,000.00 upon completion of FTO program
• $5,000.00 after completion of probation
• $5,000.00 after honorable completion of another full year after probation
•---Effective upon Ratification,the Cty and the three current Certified Ponce Officers
recruited before January 1. 2024. will enter into an agreement such that they
each receive a Signing Bonus in accordance with this Section As the allocated
FOP-43
Page 1331 of 1993
funds of$400.000 are completely exhausted. the City will not provide additional
signing bonuses The Signing Bonus Program will conclude when the recruits
currently under contract are paid out
To be eligible for the signing bonus, the Employee must maintain continuous and honorable
employment with MBPD for no less than three(3)years from the date of hire.
The program will conclude when the allocated funds of$400,000 are exhausted,paying out
enrolled recruits as per their executed contracts.
Section 8.389 Wellness Day
Effective January 2023,employees shall be entitled to six(6)wellness days annually.The
wellness days must be approved and used within the year earned and may not be carried
forward.
Section 8.49.39 Special Event Voluntary Response Team(SEVRT)
The parties agree to meet in an effort to establish a SEVRT. If the parties agree to such a team
and the corresponding implementation procedures in writing, it will become effective on
execution by the parties.
FOP-44
Page 1332 of 1993
ARTICLE 9
FOP HEALTH TRUST
Section 9.1—
Effective upon ratification of this Agreement. Tthe City will continue to fund the current contribution
amount for health care.—As of January 1,20224,the City's contributions shall be:
Single: $817.28937.45
Family: $2803-482.297 96
Future annual increases to the City monthly contributions will be made based upon the Annual
Segal Health Plan Cost Trend Survey for Open Access PPOs/POS Plans.The increases shall be
effective January 1 of each year beginning January 1, 2020. In no event shall the City monthly
contributions be less than the prior year,even if the trend rate is negative.
Audited financial disclosure reports are to be presented from the Trust to the City Manager's
designee for Labor Relations no later than March 1s`of each year.
The City will make payments to the TRUST by the 15th of the month for the previous month.
In addition:
a) 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 and shall be vested benefit
throughout retirement.
b) Employees hired after July 14, 2010, 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
FOP-45
Page 1333 of 1993
receive a health insurance stipend in lieu of a City contribution to the Trust on behalf
of those employees after their retirement.As of September 30,2018,the stipend shall
be a monthly payment equal to$29.77 per each year of creditable service, subject to
an annual increase based on the Miami-Ft. Lauderdale All Urban Consumer Pnce
Index (U-CPI)as of September 30"'of each fiscal year thereafter. Additionally, upon
separation of employment with the City, the individual's stipend shall continue to be
adjusted annually every September 30`h thereafter.
Section 9.2—
a) All eligible employees and their dependents described in Section 7 shall be eligible to
enroll in the FOP Health Trust Plan and shall not be eligible to participate in the City Plan
during their employ or retirement for so long as the FOP Trust exists.
b) A non-bargaining unit sworn police officer who elects to enroll in the FOP 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:
1. Must be on the City Police Department Payroll at the time of enrollment;
2. Must be an FOP member for two years(or length of time in Department if less than
two years) prior to enrollment, and must maintain membership throughout the
period of coverage;
3. Must meet insurability criteria satisfactory to Trustees; and
4. 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.
FOP-46
•
Page 1334 of 1993
Section 9.4 Health Trust Plan —
The City shall be provided with a copy of the FOP Health Trust Plan booklet and the Trust
Agreement,and any other information required by law.
Section 9.5 Indemnification—
The FOP 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 FOP Health
Insurance Trust and Plan,except if the City's acts or omission give rise to its own liability.
Section 9.6 Employment Eligibility—
Employees in the bargaining unit eligible for inclusion in the Health Trust Plan must be employed
at least ninety(90)days and be on the City Police Department payroll.
Section 9.7 Post Employment Coverage—
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 9.8 Voluntary Benefits Plan—
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.
Section 9.9— Post Employment Health Program(PEHP)
Effective upon ratification of this Agreement, aAll employees covered by this agreement shall
contribute twentyyfvefift,i dollars ($50.5.00) biweekly to the Post Employment Health Program
(PEHP).
a Upon separation of employment from the City,or when participating in DROP,employees
covered by this agreement shall contribute ten percent (10%) of their accrued leave
payouts toward the PEHP. Any and all fees/costs associated with administering the PEHP
shall be incurred by the FOP. In no event will the City incur any costs associated with this
program. The Union shall determine the required employee contribution to the PEHP.
FOP-47
Page 1335 of 1993
The Union will notify the City, in writing,when it desires to change the required employee
contribution amounts, including the effective date of the change. The Union will provide
the City with at least thirty(30)days'notice prior to making such changes.
b) jn addition to the 10 i, PEHP contribution in the above subsection Al, upon separation- Formatted:Font:(Default)Anal,Underline,Font color:
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from service all employees'.viii contribute into their PEHP account 100'.c of unused sick Formatted:List Paragraph,Don't add Space between
and'or vacation leave at dollar-for-dollar value. for up to a combined maximum of 500 paragraphs of the same style,Numbered+Level:1+
Numbering Style:a,b,c, ..+Start at: 1+Alignment:Left+
hours For purposes of calculating this maximum,the amount shall be calculated after all Aligned at: 0.25"+Indent at. 0.5-
Forother sell backs available to the employee have been used or completed Accent 1,Ligatures:Font:(Default)oAnal,Underline,Font cover:
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paragraphs of the same style
FOP-48
Page 1336 of 1993
ARTICLE 10
EDUCATIONAL LEAVE AND TUITION REFUND
Subject to applicable Personnel Rules, leave ordinances and tuition practice administrative
procedures, 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.
Upon ratification of this Agreement, employees covered by the bargaining unit are eligible for the
tuition assistance program set forth in Resolution No. 2017-29714, adopted January 11, 2017,
which provides the following levels of benefit:
Six Credit hours per semester for a total of eighteen credits per calendar year will be
reimbursed,as follows:
• Approved undergraduate, community college courses and non-credit/certificate
courses will be reimbursed as follows:
90%for courses in which the employee earns an A
80%for courses in which the employee earns a B
60%for courses in which the employee earns a C
• Approved graduate courses will be reimbursed as follows:
90%for courses in which the employee earns an A
80%for courses in which the employee earns a B
The levels of benefit identified above may be subject to change by the City Commission, but in
no event shall be less than the levels of benefit identified below.
One course per semester/trimester/quarter equivalent to six credits for a total of eighteen
credits per calendar year will be reimbursed,as follows:
• Approved undergraduate community college courses and non-credit/certificate
courses will be reimbursed at an amount not exceeding$158.25
• Approved undergraduate university courses will be reimbursed at an amount not
exceeding$251.16
• Approved graduate courses will be reimbursed at an amount not exceeding
$531.15
FOP-49
Page 1337 of 1993
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.
A voluntary law enforcement physical fitness assessment shall be established, the components
of which will be mutually agreed upon between the Police Chief and the FOP President. Any
employee covered by this Agreement who completes and passes the challenge shall receive a
supplement of $75 per pay period. The challenge will be administered by the Police
Department. It will be administered on an annual basis. An employee will have thirty(30)days
from the anniversary of his completion of the assessment to schedule the next assessment(for
that year). Employees must complete and pass the assessment each year in order to be eligible
for continued receipt of the supplement. Physical fitness assessment pay shall not be considered
as pensionable earnings.
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
veteran's 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
FOP-50
Page 1338 of 1993
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($60.00) per month for a total of$720.00 per year
to be paid out in twenty-six(26)biweekly payments.
For those sworn employees assigned to work in civilian clothes, they shall receive a monthly
allowance of eighty-five dollars($85.00)per month for a total of$1,020.00 per year to be paid out
in twenty-six(26)biweekly payments.
The City and the FOP agree to continue the City's present policy concerning uniforms, however
effective the first full pay period after July 1, 2025. the $60 and $85 per month allowances
described above will be eliminated in consideration that $85 per month will be rolled into all
employees' base pay. for a total of$1,020.00 per year to be paid out in twenty-six(26)biweekly
payments. The rolling of the incentivization pay into the base pay does not end the expectations
associated with this program
Section 11.5—Disclosure of Records
Employees will not have information contained within any of their files,including an Internal Affairs
file, 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
FOP-51
Page 1339 of 1993
request. A copy of any such request form completed shall be left in the employee's personnel file
and the employee shall be notified in writing via the City's electronic mail system.
Section 11.6—Transfers
It shall be the sole right of the Police Chief or his designee to transfer employees of the
Department. When a transfer is a change in an employee's unit assignment,reasonable advance
notice as 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 poor 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 party, 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.
Section 11.8—Negotiating Sessions
Time and dates for negotiating sessions shall be mutually agreed upon. Up to six (6)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 descnption promulgated by
the City are not always specifically described and are to be construed liberally. The City agrees
to notify the FOP President via electronic mail of any change in the job description of any
classification in this bargaining unit.
Section 11.10—Defense of Members
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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 Regulations will be kept by Majors and Captains whose copies
will be available to members of the bargaining unit upon request.
The manual of the Police Department is provided and available to all employees in the department
electronically through PowerDMS 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
The parties agree that the City's Personnel Rules are incorporated by reference in this Agreement
and made a part hereof,except where a specific Rule is in conflict with the express language of
this Agreement,the language of the Agreement shall prevail.
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 Police Chiefs 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 Police Chief(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
Police Chief (or designee) shall appoint one (1) individual that shall serve on the Time Bank
Committee and both the FOP President and the Police Chief 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 Police
Chief for his review,and if appropriate, approval. If approved.the Police Chief 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."
This request shall be reviewed by the Police Chief,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.
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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 line-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, Flonda Statutes, as
amended.
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ARTICLE 14
DRUG TESTING
a) All employees are subject to random,unannounced testing for use of substances as set forth
below. The use of legal controlled substances is permitted only when prescribed to the
employee by a licensed health care provider and is properly used by the employee.
b) Upon reasonable suspicion by a lieutenant or higher-ranking officer, that an employee has
used a drug as defined in Florida Statutes Section 440.102(1)(c), as that section may be
amended or renumbered, and as listed herein; or has used alcohol in violation of any rule,
order, policy, procedure, or law; or has intentionally misused a legal controlled substance to
the extent that his or her job performance is affected,shall be directed and required to submit
to drug and alcohol testing.
c) Testing is subject to the following conditions:
t An accredited, State licensed clinical testing laboratory will be selected by the City.A
split specimen will be taken. If the results are positive, and the employee challenges
the results, the second portion of the split specimen will be tested at another
accredited, State licensed clinical laboratory of the employee's choice and at the
employee's expense. One portion will be tested by each laboratory. All positive tests
for illegal or controlled substances shall be confirmed by Gas Chromatography Mass
Spectrometry(GC/MS)or equivalent testing method.
2. Testing for alcohol shall be by breath-testing unless the employee is or claims to be
unable to provide an adequate sample. In such a case,a blood test will be performed.
Any refusal by an employee to consent to the blood test will result in a positive result.
3. A breath alcohol level of 0.04 or higher and its equivalent blood test outcome shall
constitute a positive result. Below are the substance categories tested for.
4. In all cases, the employee shall fully cooperate with testing, including executing any
release or authorization necessary for the City to obtain the tests results.
5. The employee must provide a usable specimen/sample.
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Drug Initial Test Level GC/MS Confirmation
Test Level
Amphetamine 1000 ng/ml 500 ng/ml
Barbiturates 300 ng/ml 150 nq/ml
Benzodiazepines 300 ng/ml 150 ng/ml
Cocaine metabolites 300 ng/ml 150 ng/ml
Marijuana metabolites 50 ng/ml 15 ng/ml
Methadone 300 ng/ml 150 ng/ml
Methaqualone 300 ng/ml 150 nq/ml
Methylenedioxyamphetamine 500 ng/ml 250 ng/ml
(MDA)Analogues
Opiates 2000 ng/ml 2000 ng/ml
Phencyclidine 25 ng/ml 25 ng/ml
Propoxyphene 300 ng/ml 150 ng/ml _
d) Any positive test or any refusal to submit to testing or to cooperate with testing, including
executing releases or authorizations and providing multiple specimens if needed, may be
grounds for termination of employment.
e) This Article supersedes any agreement, memorandum of understanding, rule. procedure, or
order to the extent of any conflict therewith.
f) Last Chance Agreement
In the event an employee tests positive for either drugs or alcohol as the result of a random
or reasonable suspicion drug/alcohol test,the following shall apply:
At the sole discretion of the City Manager,in consultation with the Police Chief,the employee
may be offered a last chance agreement; said agreement does not preclude concurrent
disciplinary action. If a last chance agreement is extended to the employee, after he/she is
cleared to return to work by a Substance Abuse Professional(SAP)to be selected by the City,
the employee shall be subject to unannounced testing administered by the City's Human
Resources Department, for a period of no longer than two(2)years. An employee may only
be eligible for one last chance agreement during his/her employment with the City. Employees
who test positive a second time for drugs or alcohol as the result of an unannounced,random
or reasonable suspicion drug/alcohol test,shall be terminated from employment with the City.
A Substance Abuse Professional is a licensed physician. psychologist, social worker,
employee assistance professional or certified addiction counselor with knowledge of and
clinical experience in the diagnosis and treatment of alcohol and controlled substance-related
disorders.
If an employee who is offered a last chance agreement has his/her certification revoked
through the Florida Department of Law Enforcement,he/she shall immediately be terminated
from employment with the Miami Beach Police Department and shall have no right to gneve.
oppose the termination, and no right to any other position with the City.
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g) Upon written request of either party, the City and the FOP agree to reopen this article for
purposes of negotiating over improved changes to cannabis testing, subject to mutual
agreement of the parties as memorialized by the execution of a memorandum of
understanding
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ARTICLE 15
DISEASE PRESUMPTION
A. 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.
B. Infectious Disease Presumption
Any documented post-exposure condition or impairment of health caused by Human
Immunodeficiency Virus/ Acquired Immune Deficiency Syndrome (HIV/AIDS), Hepatitis C,
Pulmonary Tuberculosis or Meningococcal Meningitis shall be presumed to have been
accidental and to have been suffered in the line of duty, subject to the following conditions.
unless the contrary be shown by competent evidence.
To qualify for the presumption.the following cnteria must be met:
There must be an on-the-job documented exposure that meets scientific standards or
criteria, and the significant on-the-job exposure must be stated, in writing, by a licensed
medical doctor. For example,contact with blood is not an exposure unless the employee's
skin,where the contact occurred, is not intact.Additionally,the person whose blood came
into contact with the employee's broken skin must have one of the blood-borne infectious
diseases considered herein.
Current Employees:
1. Current employees must undergo a post-employment medical examination,
administered by a qualified medical doctor to be selected by the City. The results
must reveal no evidence of HIV, AIDS, Hepatitis C, Pulmonary Tuberculosis or
Meningococcal Meningitis. Employees who refuse to comply with this post-
employment examination requirement shall not be eligible for the presumption.
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2. Current employees shall be required to sign a City-approved medical release form
authorizing the physician to provide the examination results directly to the City.
New Employees
3. New employees, hired after ratification of this agreement, must complete a pre-
employment medical examination, administered by a qualified medical doctor to be
selected by the City,and the results must reveal no evidence of HIV,AIDS, Hepatitis
C, Pulmonary Tuberculosis or Meningococcal Meningitis.
4. New employees, whose test results reveal evidence of any of the aforementioned
infectious diseases,shall not be eligible for the presumption for the disease for which
they tested positive.
All current and new employees shall be tested at a health facility selected by the City. The
FOP Health Trust shall incur the cost associated with testing all current employees who are
members of the Health Trust;those employees who are not members of the Health Trust shall
incur the cost of their testing. The City shall incur the cost of testing all employees hired after
the ratification of this agreement.
All medical examination results,for both current and new employees,shall be released to the
City's Risk Manager.
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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.
Upon written request of either party.the City and the FOP agree to reopen this article for purposes
of negotiating over improved changes to the promotional exams to introduce and essentially bring
out the most qualified leader for the position through the appropriate tests. subject to mutual
agreement of the parties as memorialized by the execution of a memorandum of understanding
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. 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
portion of the examination. Passing scores for the Assessment Center shall be set only by the
test developer. 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 the 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 the 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
FOP-62
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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.
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
Sergeant of Police and a Miami Beach Lieutenant of Police, 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
Upon ratification of this Agreement:
a) 0.25 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.
b) 0.25 points shall be added to an employee's Lieutenants passing examination score
for each completed year in grade as a Sergeant.
Section 16.6—Education Points and Military Service Points
Upon ratification of this Agreement:
• Associate degree in Public Administration or Criminal Justice or any Associate degree(0.5
points)
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• Bachelor's degree in public administration. Criminal Justice,or any Bachelor degree
(1.0 points)
• Master's degree in Public Administration.Criminal Justice,or Master of Business
Administration(MBA)(1.5 points)
• Each year of full time active•4-4eseweduty military service completed honorably(0.25
points)
• Every two years of active reserve military service or national guard service completed
honorably is 0.25 points
No combination of seniority points, education points, and military service points, shall exceed six
(6)points per employee. Seniority, education, and military service points in accordance with the
above specifications, will be added to the combined score after the candidate has successfully
passed all components for the promotional examination.
Veteran's Preference points will be added in accordance with state law.
On•;one degree shall count to.:ard educational credit;h ghest degree;
Section 16.7—Book Committee
A committee consisting of the Human Resources Director, Police Chief,the FOP President and
the test developer or their designees, along with two incumbents, one designated by the Police
Chief and one designated by the FOP President. shall select the books and test material from
which technical knowledge questions on the written test and Assessment Center will be drawn.
Final selection shall be made after consultation with the test developer. Without exception, no
member of the Book Committee shall be a candidate for the promotional examination for which
the list is compiled.
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 Assessment Center shall be described
and announced by the City to the FOP and its members at least three (3) months before such
test.
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The provisions of the 2012-2015 collective bargaining agreement between the City and FOP shall
remain in effect solely as it pertains to the book committee for the 2016/2017 Police Sergeant and
Police Lieutenant promotional process.
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 16.8—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 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)post-
test review sessions occurring on separate days and conducted within ten (10)calendar days of
test completion. The Human Resources Director, FOP President and the test developer or their
designees shall conclusively decide all challenges by a majority vote.
Section 16.9—Assessment Center Test Challenges
Upon completion of the determination of a score for the Assessment Center Test,each examinee
shall be furnished with his/her test result. Human Resources shall establish a reasonable time
penod within which each examinee may review his/her examination 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 Human Resources Director, FOP President and the test developer, or their
designees, shall conclusively decide all challenges by a majority vote 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 16.10—
Promotional examinations for the position of Sergeant of Police and Lieutenant of Police will be
given at least once every twenty-four(24)months,so as to provide continuous active promotional
lists. The City agrees to begin the promotional process no later than nine (9) months pnor to
expiration of a certified promotional list. Formal examination scores and a promotional list shall
be certified and posted within two (2) weeks after completion of all challenges in Section 16.8
FOP-65
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above. Promotional lists shall expire twenty-four(24)months after the certification and posting of
the results of the promotional examination.
Section 16.11 —
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.).
Section 16.12—Promotional Eligibility for Employees Under Investigation
An employee under any type of investigation who has been relieved of duty,with or without pay,
shall be removed from any promotional eligibility list and will be bypassed for promotion. Upon
conclusion of the investigation:
1(a). If an employee is bypassed for promotion pursuant to this article,and the charge(s)leading
to the investigation are found to be anything other than substantiated,or,if the employee receives
discipline less than a one(1)day suspension without pay,he or she shall be made whole in every
respect, including promotion, compensation and seniority, irrespective of whether an active
eligibility list is in effect upon conclusion of the investigation.
1(b). If an employee is removed from the eligibility list pursuant to this article, and the charge(s)
leading to the investigation are found to be anything other than substantiated, or. if the employee
receives discipline less than a one(1)day suspension without pay,he or she shall be retumed to
their position on the eligibility list, provided the list is still in effect(active)upon conclusion of the
investigation.
2. If the charge(s) leading to the investigation are found to be substantiated and result in
discipline consisting of a one (1) day suspension without pay or greater, the employee shall
continue to be removed from any promotional eligibility list and will be bypassed for promotion. In
such case,the employee will be eligible to apply and compete for promotion in subsequent testing
cycles without limitation.
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ARTICLE 17
FOP PRESIDENT
Section 17.1 —
The Miami Beach Fraternal Order of Police, William Nichols 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. The FOP President shall notify the Police Chief in writing by
September 15 of each contract year, whether he or she elects to utilize the 1500 hour time back
provision or the D.D. provisions contained in Section 17.2 below, during the following contract
year. 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 11.8 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 sworn law enforcement officer while serving as Lodge
President and shall be carried full-time in a pay status to be shown on the payroll as "DID."
(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 11t 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.
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.
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Page 1355 of 1993
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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Page 1356 of 1993
ARTICLE 18
COMPENSATORY TIME
Employees shall no longer accrue more than 150 hours of compensatory time in a calendar year.
Employees will not be permitted to have more than 240 hours of compensatory time in their time
bank. Employees assigned to the Motor Unit will continue to be able to accrue 320 hours of
compensatory time as per the Settlement Agreement.
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Page 1357 of 1993
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 as 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 1"day of October 2021 2024 and shall remain in full
force and effect until the 30'day of September 202;7.
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 it desire to modify this
Agreement.
EXECUTED by the parties hereto on this day of
MIAMI BEACH FRATERNAL ORDER CITY OF MIAMI BEACH, FLORIDA
OF POLICE, LODGE NO. 8
By: By:
Paul Ozaeta8obby Hernandez Eric Carpenter- Alma
mak
FOP President City Manager
By: By:
Alejandro Bello D.64-1-1 .€44-Steven Meiner
FOP Secretary Mayor
By:
Approved by Vote of the City Commission Wayne A.Jones
Police Chief
on the day of , 20224.
ATTEST:
Date
Rafael E. Granado
City Clerk
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Page 1359 of 1993
FRATERNAL ORDER OF POLICE
FOP LODGE NO.8
ELECTION OF REMEDY FORM
Grievance No.
1. 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, I/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.
2. 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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Page 1360 of 1993
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
enter objections to any testimony or evidence presented to the Hearing
Examiner, nor may such advisor speak in the Appellant's behalf.
FOP-73
Page 1361 of 1993
(e) The findings of the Heanng 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.
(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.
(j) 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.
(I) 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-74
Page 1362 of 1993
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FOP-75
Page 1363 of 1993
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FOP-76
Page 1364 of 1993
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FOP-77
Page 1365 of 1993
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FOP-78
Page 1366 of 1993
Exhibit"B"
SUMMARY OF PENSION HEALTH AND FRINGE BENEFITS
Section 504 of the City's Charter requires that following a duly noticed public hearing, within six
(6) months of ratification of collective bargaining agreements with the respective labor unions,
the City Commission shall consider a written report presented by the City Manager or his or her
designee, detailing the status and related fiscal impacts of fringe benefits, including pension and
health insurance plans.
GENERAL EMPLOYEES' HEALTH INSURANCE PLANS
The City continues to offer a comprehensive and cost-effective benefits program to its full-time
general employees and retirees through a self-funded health plan administered by CIGNA. The
City's self-funded plan currently covers approximately 2,700 employees, retirees, and
dependents.
For the fiscal year beginning October 1, 2023, the City continued to offer employees a choice of
3 plans. The plans include one HMO, a traditional PPO and a High Deductible Health Plan (HDHP)
with a Health Savings Account. The dental plan is a PPO (employees also have a fully insured
DHMO option). No changes were made to the plan designs for the year beginning October 1,
2023. Employees and retirees pay premium amounts that vary by plan and dependent tier.
Florida Statute 112.08 requires self-funded plans sponsored by local governments to submit an
annual filing to the Florida Office of Insurance Regulation ("OIR") documenting plan experience
and financial position. The filing must include an actuarial memorandum signed by a certified
actuary that attests to the actuarial soundness of the plan. For the 12-month period of October
1, 2012 through September 30, 2023, the City's actuary concluded that the City's self-funded
health plan is actuarially sound.
For the 2022/23 year, the City's plan had a loss of $1.1 million. The resulting surplus as of
September 30, 2023 was $14.8 million. This equates to 201 days of projected claims, which
comfortably exceeds the OIR safe harbor of 60 days.
FOP AND IAFF HEALTH TRUSTS
The City contributes monthly to the FOP and IAFF Health Trust Funds based on an agreed amount
and according to terms that are collectively bargained. Future annual increases to the City's
monthly contributions will be made based upon the latest Annual Segal Health Plan Cost Trend
Survey. The increases shall be effective January 1 of each year during the contract period. In no
event shall the City monthly contributions be less than the prior year, even if the trend rate is
negative. Increases to the FOP and IAFF Health Trusts over the past three years have been 7.3%
in 2022, 7.4% in 2023, and 6.8% in 2024.
Page 1367 of 1993
Audited financial disclosure reports are to be presented from the Trust to the City no later than
March 1" of each year.
Group Medical Plan Data as of October 1, 2023:
Plan Member Count City's Contribution City's%of Total
Premium
General
Employees 1142 $12,976,895 79.8%
Retirees 4440 $6,039,196 56.1%
FOP Health Trust
Employees 426 $9,614,656 83.7%
Retirees 349 $8,559,327 86.0%
IAFF Health Trust
Employees 246 $5,522,984 90.9%
Retirees 215 $5,196,079 93.7%
Ancillary Benefits
Additional ancillary benefits subsidized by the City:
• Dental Insurance (City subsidizes at approximately 50% of the premium cost for single
coverage)
- Cigna DHMO Plan
- Cigna PPO Plan
• EyeMed Vision Plan (included in health insurance premium)
• Life Insurance-the City subsidized 100 percent of the premium for coverage equal to
one-year's salary of each employee
• Accidental Death and Dismemberment -the City bears the full cost of the premium, the
maximum benefit of$20,000
2
Page 1368 of 1993
OTHER FRINGE BENEFITS
• Earned leave (sick, vacation, compensatory) differences in accruals
SICK AND VACATION LEAVE ACCRUALS
Sick Leave
Accruals Vacation Leave Accruals
Constant 0-9.99 10-19.99 20 +
years years years
Annual Annual Annual Annual
FOP 96 96 136 176
IAFF shift 144 144 204 264
IAFF non-shift 96 96 136 176
All Others 96 96 136 176
• Leave payouts upon separation
MAXIMUM FINAL LEAVE PAYOUT
Equivalent
Vacation number of
Sick hours paid out hours hours paid
paid out out at 100%
of value
Maximum of 75%
FOP of sick leave hours, Maximum
up to a maximum of 620 1,240
of 620
Half of sick leave
All Others hours, up to a 620 1,220
maximum of 600
IAFF Non Combination of both *
shift 820
IAFF Shift Combination of both * 1,230
* All sick and vacation hours for IAFF employees paid out at
100% of value up to the allowed maximum
3
Page 1369 of 1993
• Sick Leave Sellback (IAFF & FOP)
Employees covered by the IAFF and FOP agreements are eligible to sell back (at
100% of value) sick leave, minus any sick or emergency vacation time used. Family
and Medical Leave Act (FMLA) shall not reduce the sick leave sell back.
FOP employees may sell back the number of hours accrued, up to a maximum of
136 hours.
IAFF Employees with less than fifteen (15) years of service may sell up to ninety-
six (96) hours or 144 hours for 24-hour shift employees. Employees with fifteen
(15) years of service or more may sell up to 136 hours or 204 hours for 24-hour
shift employees.
• Holidays (11 legal holidays; 4 floating holidays)
• Injury Service Connected (ISC) supplemental leave pay
• Differences in duration
- 12 weeks (General & Unclassified employees)
- 24 weeks (IAFF)
- 32 weeks (FOP)
• Bereavement Leave with pay
o Unclassified/Others - 2 days
o CWA—4 days
o FOP—4 days, with 2 additional days of own time
o IAFF -4 days,with 1 additional week of own time
• Jury Duty Leave with pay
• Union Leave with pay (varies for each bargaining group)
• Tuition Reimbursement
The City's Tuition Assistance Program was revised in 2015 per Resolution 2015-28891 to
provide an updated benefit to eligible employees voluntarily participating in training or
educational programs from accredited institutions of higher learning designed to improve
their effectiveness which directly benefits City operations; provide professional
development; and help prepare employees for other opportunities within the City's service.
4
Page 1370 of 1993
Voluntary Benefits (no City subsidy)_
• Pet Insurance
• Disability Insurance (Short-term and Long-term)
• Supplemental Life
• Preferred Legal Plan
• LifeLock (Identity Theft)
• 457 (b) Retirement Accounts
• Roth IRA
• Colonial Life Products
o Accident Insurance
o Whole Life Insurance
o Cancer Insurance
o Critical Illness Insurance
o Hospital Confinement Insurance
Non-payroll related benefits:
• Take-home vehicles (primarily Police)
• Work uniforms and shoes
• Employee Assistance Program (EAP)
• Free parking in City facilities
• Free gym use (IAFF and FOP)
5
Page 1371 of 1993
PENSION PLANS
There are two plans, and they are in good shape, according to annual Valuation reports. They
each are governed by a Board and Executive Director. The soundness of the plans is ensured
through good governance, careful investment policy, and long-term pension reform and
associated plan changes based on the City Commission adopted resolution 2013-28290 accepting
the recommendations of the Finance and Citywide Projects Committee ("Committee") to adopt
the Budget Advisory Committee ("BAC") proposed policies and guidelines to ensure long-term
pension reform. The policies and guidelines address four perspectives: (1) Affordability and
Sustainability, (2) Appropriate Benefits to Employees, (3) Recruitment and Retention, and (4)
Management of Risk/Risk Sharing.
Each Plan has an actuary valuation report prepared annually by Gabriel, Roeder, Smith &
Company to (GRS) to measure the Plan's funding progress, to determine the employer's
contribution rate for the fiscal year ending, and to determine the actuarial information for
Governmental Accounting Standards Board (GASB) No. 67.
Fire & Police - as of 10/1/2023:
Active Members 516
Terminated Vested (including dormants) 30
Receiving Benefits (including DROPs) 818
Miami Beach Employees Retirement Plan ("MBERP") - as of 10/1/2023:
Active Members 1286
Drop Members 89
Retirees & Beneficiaries 1143
Disability Members 22
Terminated Vested Members 210
Current CMB Defined Contribution Retirement Accounts:
-401(a) [legacy retirement account]
- Firefighters' Pension Relief Fund ("175 share plan")*
- Police Officers' Pension Relief Fund ("185 share plan")*
*This is funded by rebate of excise tax on property and casualty insurance premiums.These funds
must be used exclusively for firefighter and police pensions.
Note: A limited number of employees (management team) also have 457(b) deferred retirement
accounts in which an amount is funded by the City.
6
Page 1372 of 1993
MBERP(Unclassified and Others) Pension Summary of Benefits:
Tier A
• 401a Retirement Plan
• Eligible retirement age 50
• 3% multiplier for first 15 years; 4% multiplier for each year in excess of 15 years
• Maximum benefit is 90%of Final Average Monthly Earnings (FAME)
• Hire effective date prior to 10/18/1992
• There are no active employees remaining in this group
Tier B
• Employment effective date 10/18/1992 (with pension and retiree health contribution
reform effective 3/18/2006 —Ordinance 2006-3504 and 3505)
• Eligible retirement age 55 with 5-year vesting criteria
• 3% multiplier; Maximum of 80% of FAME
• Health benefits for retirees hired before 3/18/2006 determined each year as part of the
budget process, currently approximately 50% of premium
• Health benefits for retirees hired on or after 3/18/2006 is a stipend of $10 for each
creditable year of service, up to maximum of$250 a month for under age 65; $5 for each
creditable year of service, up to maximum of$125 a month for 65 and older
Tier C
• Employment effective date 9/30/2010
• Eligible retirement age 62 with 5-year vesting criteria
• 2.5% multiplier; Maximum of 80% of FAME
• Health benefits for retirees hired before 3/18/2006 determined each year as part of the
budget process, currently approximately 50% of premium
• Health benefits for retirees hired on or after 3/18/2006 is a stipend of $10 for each
creditable year of service, up to maximum of$250 a month for under age 65; $5 for each
creditable year of service, up to maximum of$125 a month for 65 and older
7
Page 1373 of 1993
FIRE Pension Summary of Benefits:
Hired before July 14, 2010:
• Multiplier 3%for first 20 years of creditable service, then 4% -
• Normal retirement date of age 50 as provided in current pension plan,except that a member must
attain the age of 47 to be eligible for "Rule of 70" (years of service plus age) or reach 85% of
benefit cap regardless of age
• Three (3) highest or last paid years of creditable services for FAME
• 2.5%COLA
• Maximum benefit of 85%of pensionable income(except those who attained an 85%benefit as of
September 30, 2013, retain a maximum benefit of 90%of pensionable income)
• Vested after 5 years of creditable service
• 10%employee pension contribution
Hired on or after July 14,2010, but prior to September 30, 2013, everything in the previous tier except:
• Normal retirement date of age 50 as provided in current pension plan,except that a member must
attain the age of 48 to be eligible for "Rule of 70" (years of service plus age) or reach 85% of
benefit cap regardless of age
• 1.5%COLA
• Maximum pension benefit is 85%of pensionable income
• Employees who become retirees as of July 14, 2010 receive same contribution towards health
insurance as active employees
• Employees hired after July 14, 2010, shall receive a monthly stipend of$29.77 for each year of
service, subject to annual CPI increase
Hired on or after September 30,2013, but prior to June 8, 2016, everything in the previous tier except:
• Five (5) highest or last paid years of creditable services for FAME
• 10.5%employee pension contribution
Hired after June 8,2016, but prior to May 8,2019, everything in the previous tier except:
• Normal retirement age shall be 52; however, under the "Rule of 70" retirement, a member must
attain a minimum age of 48 or reach the 85%of benefit cap regardless of age
Hired after May 8,2019, everything in the previous tier except:
• Vested after 10 years of creditable service
Deferred Retirement Option Plan (DROP)
• 8-year(96 months) DROP available
PEHP(Post Employee Health Plan):
• FIRE members contribute$50 bi-weekly
• Upon separation or DROP,employees contribute 10%of total accrued leave to PEHP
• Upon separation, 100%unused sick and/or vacation up to 300 hours
8
Page 1374 of 1993
POLICE Pension Summary of Benefits:
Hired before July 14, 2010:
• Multiplier 3%for first 20 years of creditable service,then 4%
• Normal retirement date of age 50 as provided in the current pension plan, except that a member
must attain the age of 47 to be eligible for"Rule of 70" (years of service plus age) or reach 85%of
benefit cap regardless of age
• Three(3) highest or last paid years of creditable services for FAME
• 2.5%COLA
• Maximum pension benefit is 85%of pensionable income
• Vested after 5 years of creditable service
• 10%employee pension contribution
Hired on or after July 14,2010, but prior to September 30,2013,everything in the previous tier except:
• Normal retirement date of age 50 as provided in current pension plan,except that a member must
attain the age of 48 to be eligible for "Rule of 70" (years of service plus age) or reach 85% of
benefit cap regardless of age
• 1.5%COLA
• Employees who become retirees as of July 14, 2010 receive same contribution towards health
insurance as active employees
• Employees hired after July 14, 2010, shall receive a monthly stipend of$29.77 for each year of
service, subject to annual CPI increase
Hired on or after September 30,2013, but prior to July 20, 2016, everything in the previous tier except:
• Five (5) highest or last paid years of creditable services for FAME
• 10.5%employee pension contribution
Hired on or after July 20, 2016, but prior to July 31,2019, everything in the previous tier except:
• Normal retirement date shall be 52; however, under "Rule of 70" retirement, a member must
attain a minimum age of 48 or reach 85%of benefit cap regardless of age
Hired after July 31,2019, everything in the previous tier except:
• Vested after 10 years of creditable service
• Shall not receive credit for prior creditable time in Miami Beach General Employee Pension Plan
Deferred Retirement Option Plan (DROP)
• 8-year(96 months) DROP available
PEHP(Post Employee Health Plan):
• FOP members contribute$25 bi-weekly
• Upon separation or DROP,employees contribute 10%of total accrued leave to PEHP
9
Page 1375 of 1993
From: Jiernandez.Robert
To: Aloizar. Marla
Cc: Taxis.Mark; Hernandez. Lana
Subject: RE: Happy Public Safety Appreciation Day and Contract Vote
Date: Friday,October 25,2024 12:14:01 PM
Attachments: Jrnage002.onQ
Thank you Marla.
The final vote was:
256 yes votes and 38 no votes.
Once again, thank you.
4
Bobby Hernandez, President
Fraternal Order of Police
William Nichols Lodge»8
999 1 1th Street. Miami Beach. FI. 33139
lFel: 305-534-2775 Cell: 305-972-1133
roberthernandez!it mianiibeachfl_gov
From: Alpizar, Marla <MarlaAlpizar@miamibeachfl.gov>
Sent: Friday, October 25, 2024 11:41 AM
To: Hernandez, Robert <RobertHernandez@miamibeachfl.gov>
Cc:Taxis, Mark<MarkTaxis@miamibeachfl.gov>; Hernandez, Lana
<LanaHernandez@miamibeachfl.gov>
Subject: Re: Happy Public Safety Appreciation Day and Contract Vote
Happy Public Safety Appreciation Day Bobby.
Please can you provide in email or memo the tally/result of the FOP vote?We attach this as backup
to the commission item when the contract goes to Commission for their ratification vote.
Page 1376 of 1993
Congratulations.
Marla
Sent from my iPhone
Page 1377 of 1993
FISCAL IMPACTS of
COLLECTIVE BARGAINING AGREEMENTS
ALL FUNDS
FY 2025 FY 2026 FY 2027 3-Year Impact
FOP
Step Adjustments 12) 5338,639 $1.326,535 $236.082 $1.901.256
COLA 3%3%3%(Jul 1,Apr 1,Apr 1) 357,645 1,764,538 2,974.227 5.096 411
Rapid Intervention Team-2 5% for 43 employees 94,692 97,970 100,730 753.392
Out of Class Pay-+$2/HR 16.021 16,021 16,021 48.062
1 Additional Holiday 126,167 134.000 142.000 402,167
Housing Stipend 123,429 123.429 123,429 370,286
Hazard Pay-$50 Per PP 559.000 559.000 559,000 1,677,000
Leave Payout Hours Increase from 75%to 100%-Budget 5,234 5,460 5,612 16,307
Leave Payout Hours Increase from 75%to 100%-Liability 860,000 - - 860,000
Leave Accrue Hours Increase Cap from 500 to 600 16,632 16,856 17.015 50.503
Sick Leave Sell-Back Increased from 136 hrs to 168 tis_ 105.179 124.760 136,755 366,693
Police Vehicle-adding 5 more employees(.575 Per PP) 45.954 - - 45,954
Health Savings Program-increase from$25 to$50 Per PP - - - -
duality of Life-$26 Per PP rolled into base pay 8.812 22.229 21,834 52,875
CALEA-$20 Per PP rolled into base pay 6.692 17,009 16,714 40,415
Uniform Cleaning-527 69 per PP rolled into base pay at
Clothing Allowance rate of$39.23 per PP for all 114.087 34,771 34,072 182,930
CJIS-5%rolled into base pay - - -
1%Performance-Based Bonus-Non-recumng&Non-
pensrornablel 410,614 428,335 440.269 1.279.218
Total FOP $3,186,796 $4,670,913 $4,823,760 512.683.468
FOP Step Adjustments 121
.r Step-Po9ce Officers
One 4%to the Top Jul 2025
One 4%to the Top Apr 2026
Step Increase-Sergwnts
4%increase July 2025
4%increase Apr 2026
Step increase-Lieutenants
4%increase July 2025
4%increase Apr 2026
Additional Step fctrn,..on Off•c-r.
One 4%to the Top Jul 2025
One 4%to the Top Apr 2026
Page 1378 of 1993 11/8/2024