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96-21868 RESO RESOLUTION NO. 96-21868 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND IMPLEMENTING THE TAKE-HOME VEHICLE PROGRAM POLICY FOR SPECIFIC EMPLOYEES OF THE MIAMI BEACH POLICE DEPARTMENT, AS NEGOTIATED BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE IN THE LABOR AGREEMENT DATED OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1997. WHEREAS, in accordance with Article VIII, "Wages and Fringe Benefits", Section 2, "Police Vehicle Policy" of the Labor Agreement, dated October 1, 1994, through September 30, 1997, between the City of Miami Beach, Florida and the Fraternal Order of Police, the Administration is hereby submitting to the Mayor and the City Commission the attached policy for implementation of the Take-Home Vehicle Program. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approves and authorizes the implementation of the Take-Home Vehicle Program Policy for specific employees of the Miami Beach Police Department, as negotiated between the City of Miami Beach and the Fraternal Order of Police. PASSED AND ADOPTED this 10th day of ,1996. ATTEST: RoW p~ City Clerk . FORM APPROVF:U By l~U'M-_ Date ~~__... JGP:DRM:lsg Attachments f:\CMGR\$ALLICOMM-MEM.95\pol-tkhm.car CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO.~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: January 10, 1996 SUBJECT: Jose Garcia-Pedrosa ~ City Manager RESOLUTION APPR VING AND IMPLEMENTING A 24-HOUR, TAKE-HOME VEHICLE PROGRAM POLICY FOR SPECIFIC POLICE DEPARTMENT EMPLOYEES, IN ACCORDANCE WITH THE CURRENT LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE FROM: ADMINISTRATION RECOMMENDATION: Pass and adopt the resolution approving and implementing the Take-Home Vehicle Program Policy. BACKGROUND: On December 7, 1994, the City Commission passed and adopted Resolution No. 94-21417, approving the three-year labor agreement for period covering October 1, 1994 through September 30, 1997, between the City of Miami Beach and the Fraternal Order of Police (FOP). One of the provisions of the FOP labor agreement provided for a 24-hour, take-home vehicle policy for specific employees of the Miami Beach Police Department. The program was negotiated to be phased-in over the three-year term of the labor agreement. The funding for the program is to come solely from the Police Confiscation Fund after all appropriations and commitments of the Police Department as of November 16, 1994, have been satisfied. Additional funds are to be allocated on a 60%/40% ratio, with 60% of the total money being dedicated to the needs of the Police Department, as determined by the Police Chief and approved by the City Manager and the City Commission. The remaining 40% of funding will be allocated for the purchase of vehicles for the take-home vehicle program. The approximate $1,800,000 capital costs for the vehicles will be provided solely from the Police Confiscation Fund, to the extent that funds are available. The anticipated costs to the General Fund will be operational costs. Pursuant to Article VIII, "Wages and Fringe Benefits", Section 2, "Police Vehicle Policy", of the labor agreement between the City of Miami Beach and the FOP, attached is the policy for implementation of the Take-Home Vehicle Program for specific employees of the Police Department. CONCLUSION: The attached resolution approves the attached Take-Home Vehicle Program Policy for implementation by the Miami Beach Police Department. JGP:DRM:lsg Attachments f:lcmgrl$aIlIComm-mem. 95Ipol-tkhm. car DATE ~1E:. l-lO-9le AGENDA ITEM PART III - CHAPTER 28 FLEET MANAGEMENT 3-28-1 The uniformed Police Officer is the City of Miami Beach's most visible representative. Directly associated with the Officer's visibility is the patrol vehicle. The vehicle's appearance and condition should therefore present a favorable impression of the Department, the profession, and the City. VEHICLE PROGRAMS 3-28-2 The Pool Vehicle Program allows a minimum number of vehicles to be utilized. Fleet size is geared to the requirements of the highest use shift and is increased by specialized use vehicles, and backup pool units. Each vehicle is used on all three shifts, 24 hours a day, 7 days a week. (Unless they are temporarily removed from service due to maintenance procedures.) These vehicles are available from the P.E.P. Unit. Pool vehicles include both marked and unmarked vehicles and are to be utilized by all members of the police department. This program is available to: 1. Sworn Police Department personnel authorized to operate City vehicles; or 2. Other such personnel who are authorized by the Chief of Police, or his designee. This program limits vehicle use to: 1. Official business only; and 2. Employee's tour of duty; and 3. No unauthorized person may drive or be a passenger unless prior to use permission has been obtained from the employee's Division Commander. This program allows for pool vehicles to be temporarily assigned to the take-home vehicle program. 3-28-3 The Assigned Vehicle Program is a program in which individual Officers are assigned a police vehicle to be utilized while on-duty or off-duty. This program is available to: 1) Sworn Police Department personnel who have the rank of Captain or higher; or 2) Other such personnel who are authorized in writing by the Chief of Police. This program limits vehicle use to: ON-DUTY 1) Official business only. OFF -DUTY 1) Only authorized persons on official police business may accompany Officers as passengers when the vehicles are operated off duty. These persons are covered by the insurance program of the City of Miami Beach. 2) Off duty Officers shall have in their possession (and readily available) at all times, while operating an assigned vehicle, their service weapon (or Department approved, off duty weapon), badge, identification and handcuffs or flexcuffs and radio. 3) Off duty Officers are expected to take action when they come across or are advised of a situation which requires law enforcement action within the City of Miami Beach, while operating their assigned vehicle off duty. 4) Off duty Officers are expected to immediately _ report any situation which requires law enforcement action. 3-28-4 The Take-Home Vehicle Program was created as a result of contract negotiations between the Miami Beach Fraternal Order of Police and the City of Miami Beach. The Take-Home Vehicle Program is a negotiated benefit and not an automatic employee right. The Take-Home Vehicle Program allows for an individual Officer to be assigned a police vehicle which is utilized while on-duty. The chief distinction between this program and the "ASSIGNED VEIDCLE PROGRAM" is that the Officer is only permitted to utilize the take- home vehicle for official business. Each Officer will be assigned only One (1) vehicle. A Five (5) member committee with Two (2) alternates, selected by the Fraternal Order of Police shall monitor the Take-Home Vehicle Program. All violations of the Take-Home Vehicle Program policy will result in disciplinary action. Disciplinary action imposed will start with a written warning for minor first offenses. Additional violations would result in suspension from the Take-Home Vehicle Program. Ultimately, removal from the Take- Home Vehicle Program would result from continued violations. Disciplinary action will be based upon the severity of the offense, regardless of the number of offenses. All disciplinary actions imposed by the Fraternal Order of Police, Take-Home Vehicle Committee are final and cannot be grieved. The administration reserves the right to impose harsher penalties to replace those imposed by the Fraternal Order of Police, Take-Home Vehicle Committee. In this event, the standard grievance procedure would apply, if applicable. This program is available to: 1. Sworn Officers who meet certain eligibility requirements. 2. Sworn Officers who work in a job functiOIi which requires an "on call" status. Eligibility requirements are set forth as follows: 1. Sworn Officers who have achieved regular status. (Cannot be a probationary officer.) 2. Must reside in the of Miami Beach for a minimum of one (1) year (Continuously). a. Officers who move from the City of Miami Beach will be required to forfeit their take-home vehicle, until such time as they become eligible once again based upon their level of departmental seniority It is the officer's responsibility to notify the Take Home Vehicle Committee of any change of address ASAP. 3. Departmental seniority, regardless of rank. 4. Valid Florida Drivers license, with proper endorsement(s), if applicable. 5. Residency is limited to Dade County or Broward County. a. Officers who reside outside of Dade or Broward Counties can be assigned a vehicle to be used while performing official business. Officers who would be considered ineligible to receive a take-home vehicle are those Officers who: 1. Have used excessive sick time, (as per City of Miami Beach Personnel Rules) within a 12 month period; or 2. Have been involved in 2 or more preventable accidents within a 12 month period; or 3. Have received 2 or more reprimands within a 12 month period ( in the event that a reprimand is under appeal no action will be taken until the appeal is settled); or 4. Have received one or more suspensions for disciplinary purposes within 12 months; or 5. Are on light duty status, (unless approved by the Chief of Police ); . This program limits vehicle use to: 1. Official business only; and 2. Employee's tour of duty, including travel to-and- from his residence; or 3. Employee's time spent responding to a "call-in" for duty; and 4. No unauthorized person may drive or be a passenger unless prior to use permission has been obtained from the employee's Division Commander, in writing on waiver form. a. In emergency situations, exceptions to above must be approved by the on-duty shift commander. 5. Officers assigned an "on-call" status can reasonably utilize vehicles while off-duty to facilitate their timely response in the event that they are "called in". a. U sage of vehicle while assigned to an on-call status does not include the transporting of unauthorized passengers. 3-28-5 The Sharing Vehicle Program assigns a specified number of permanent drivers to each vehicle. For example, in the C.LD., two Detectives (one per shift) would be assigned to a single vehicle. When the vehicle is not in use by an assigned Officer, it would not be assigned as a pool vehicle. The downtime would be earmarked for preventive maintenance or the vehicle would simply sit idle. This program is available to: I. Two or more Police Department personnel who work shifts or have days off which do not overlap, or which overlap for a minimal amount of time; or 2. Other such sworn personnel who are authorized by the Chief of Police. This program limits vehicle use to: 1. Official business only; and 2. Employee's tour of duty; and 3. No unauthorized person may drive or be a passenger unless prior to use permission has been obtained from the employee's Division Commander. VEHICLE INSPECTIONS 3-28-6 If an Officer is assigned a vehicle under the Take-home Vehicle Program, or Shared Vehicle Program (see Vehicle Request form), a formal vehicle inspection will be conducted by the Officer's Supervisor the first week of each month. The Officer will be responsible for forwarding the results of the vehicle inspection to the Fleet Management Unit. When the Supervisor observes any damage to said vehicle which is otherwise unreported, he/she will initiate a comprehensive investigation with documentation to include photographs. This report will be forwarded to the Fleet Management Unit, and the Fraternal Order of Police ,Take-Home Vehicle Committee. The Supervisor will log the damage, case number, and date in the vehicle damage book located in the P.E.P. unit. 3-28-7 A formal vehicle inspection will be conducted by the operator of any pool vehicle before and at the end of each tour of duty. With this process, the operator is required to inspect his vehicle and to document the results of the inspection on a Vehicle Equipment and Safety Inspection Sheet (Available in P.E.P.). The completed form shall be turned into the P .E.P. with the vehicle keys. When the operator observes any damage to the vehicle which is otherwise unreported, (damage book kept in P.E.P.), the operator will notify hislher supervisor who will initiate a comprehensive investigation with documentation to include photographs. The operator will also prepare a Miami Beach Found Vehicle Damage Report, and distribute same prior to the conclusion of hislher shift as follows: 1. Original to R.C.C. for logging and processing. 2. Copy to P.E.P. , Fleet Management Unit. 3. Copy to Accident Investigation Unit Supervisor. 4. Fax original to City of Miami Beach, Risk Management. The current fax number is 673-7023. 3-28-8 The Fleet Management Unit will conduct a personal inspection semi- annually of all vehicles in the Police Fleet and forward the results to the P.E.P. Unit Supervisor. The Fleet Management Unit will forward all violations of the Take-Home Vehicle Program to the Fraternal Order of Police, Take-Home Vehicle Committee. 3-28-9 Officers will inspect the passenger compartment of their vehicles at both the beginning and the end of their tours to be sure no weapons , contraband, or other foreign materials are left inside. VEHICLE MAINTENANCE 3-28-10 When an Officer observes that a pool vehicle needs to be shopped for any reason, that Officer shall immediately notify hislher supervisor. If the supervisor determines that the vehicle is to be shopped, the Officer will be instructed to prepare a "Miami Beach Police Department Equipment Senrice Request Form" (available in P.E.P.). In addition, the supervisor will sign the Officer's Vehicle Equipment! Safety Inspection Form. The Officer will present these forms to the P.E.P. so that a replacement vehicle can be issued. 3-28-11 When a pool vehicle must be left at a location other than the police facility, the Officer shall follow the same procedure as outlined in 3- 28-10. The Officer will then secure the vehicle and cause the Mechanical Maintenance Shop to be notified via P.S.C.U. The Officer will provide P.S.C.u. with the following information: I. The vehicle number. 2. The exact location of the vehicle. 3. The nature of the mechanical breakdown. 3-28-12 Should a Take-Home or Assigned Vehicle become disabled while being utilized by an off-duty Officer, Mechanical Maintenance shall be notified via P.S.C.U. Mechanical Maintenance shall then become responsible for the repair and/or the removal of the vehicle. Officers shall not utilize non-city towing or garage services without the prior approval of Mechanical Maintenance. Prior to leaving the vehicle, the Officer should insure that all of hislher personal belongings are secure. If a flat tire occurs outside of Miami Beach City Limits, the operator of the vehicle shall be required to change the tire. The flat tire should be repaired or replaced as soon as possible. ( Training will be conducted by the Fleet Managment Unit as needed. ) 3-28-13 Officers shall be responsible for the general maintenance and proper care of their assigned vehicle and shall not: 1. Make minor adjustments or maintenance off- duty. All maintenance and care of all equipment is to be done on-duty. 2. Alter the body, general design, appearance, markings, mechanical or electrical system. No holes will be made in the interior or exterior of the vehicle, nor will there be any unauthorized stickers or signs affixed to the vehicle. Any repairs done to said vehicle will be done by Mechanical Maintenance, and only after a request is properly submitted by the Fleet Management Unit. 3. Add additional equipment or modify the vehicle unless first approved by the Fleet Management Unit. This approval shall be requested in writing to the Fleet Management Unit and shall contain the following information: a. The type of modification or additional equipment desired. b. The reason or justification for the additional equipment or modification. c. The exact type of equipment/accessory to be installed. All approved additional equipment or accessory shall be purchased and maintained at the Officers expense. Installation or modification will be arranged by the Fleet Management Unit. 3-28-14 Vehicles which are properly maintained will have a longer life-span, therefore, proper vehicle maintenance is important. All Police Department vehicles shall be maintained according to a maintenance schedule. A preventative maintenance schedule will be assigned to each vehicle by the Fleet Management Unit. All preventative maintenance shall be scheduled with the Fleet Management Unit. A. The following procedure will be followed by Officers who must bring their vehicles in for preventative maintenance: 1. Officer schedules his/her vehicle for P.M. with the Fleet Management Unit. 2. Officer drives vehicle to City Shops. 3. A pool vehicle will be temporarily assigned to the Officer at City Shops. a. The Officer will call P .E.P. and provide the vehicle number of the replacement vehicle. 4. The Officer will go to City Shops upon his/her return to work and to retrieve their vehicle. If their vehicle is not ready, at that time, they will retain the pool Vehicle . The Officer will then notify the Fleet Management Unit that their vehicle is still at City Shops. The Fleet Management Unit will monitor the progress of the vehicle repairs and/or maintenance and notify the Officer when the vehicle is ready to be picked up. 5. The Officer will then drop the pool vehicle off at City Shops and pick up his/her Take-Home Vehicle. The Officer is responsible to notify P .E.P. that they have returned to their vehicle. B. The same procedure will apply in the event that the vehicle is malfunctioning and not safe to operate, except that an appointment is not required. 3-28-15 Officers shall be responsible for the appearance and cleanliness of their take-home vehicle. This includes the interior as well as the exterior of the vehicle. This type of vehicle maintenance will be conducted during the Officers on-duty hours only, during the shift overlaps. Should the vehicle require additional cleaning IE; a hazardous material contamination the P .E.P. unit will arrange for the proper decontamination. Supervisors shall monitor that excessive time is not spent by Officers conducting simple vehicle cleaning maintenance. Officers shall monitor the primary radio channel and be prepared to return to duty at any time. VEHICLE OPERATION 3-28-16 Department personnel operating any police vehicle are responsible for the care and maintenance of such equipment. Officers shall check fluid levels and tire pressure on a daily basis to keep the vehicle operating properly. 3-28-17 While on patrol, operators of police vehicles shall obey all traffic laws, driving in a defensive manner, and setting an example for others. Seat belts shall be worn. 3-28-18 Except when on calls for service, police vehicles shall not be parked illegally or in such a manner as to interfere with the free movement of traffic. At all times when a police vehicle is left unattended, it shall be properly secured by removing the keys and locking all doors and windows. 3-28-19 When turning in a vehicle at the end of a tour of duty, the Officer shall make sure that the vehicle is clean, fueled, and ready for use by another Officer. 3-28-20 When a police vehicle is damaged by a prisoner, a charge of "Criminal Mischief' shall be added. When adding this charge, the vehicle number and estimate of the total damage must be included in the narrative section of the arrest report. A representative of the Fleet Management Unit shall be listed on all reports generated as a result of the incident to be contacted for infQITI1ation regarding vehicle damage. 3-28-21 The following guidelines are provided for estimating damage: Interior damage to door Structural damage to door Broken door window Broken rear window Broken plastic divider $ $ $ ( pending) $ $ 3-28-22 When subpoenaed to any court proceeding regarding a charge of Criminal Mischief involving departmental vehicles, the Officer shall immediately notify the Fleet Management Unit. They will supply the officer with a copy of the repair bill and/or estimate. The Officer shall present the bill and lor estimate to the court and request that restitution be made. 3-28-23 In all cases of damage to a police vehicle, regardless of severity, the Officer shall notify his/her supervisor immediately. VEHICLE OPERATION OFF-DUTY 3-28-24 Vehicles are to be assigned by the Fleet Management Unit to those members requested by the Bureau Commander and approved by the Chief of Police or his designee. The Fleet Management Unit will also assign vehicles to those Officers who are eligible to participate in the Take-Home Vehicle Program. All requests for a take-home vehicle shall be submitted on the Vehicle Request Form. 3-28-25 The use of the vehicle while off-duty shall be considered a privilege and not an automatic fringe benefit or employment right. 3-28-26 The Chief of Police shall have the sole authority to assign, deny, suspend or remove any member of the Department from any vehicle program. In addition, the Fraternal Order of Police, through it's Take Home Vehicle Committee, may temporarily or permanently suspend an Officer from participating in the Take Home Vehicle Program. 3-28-27 All personnel assigned a vehicle shall exercise good judgement in utilizing that vehicle and shall not drive, operate, or park vehicles in such a manner as to cause unfavorable comment or reflect discredit upon the Department. They must obey all traffic laws and regulations. 3-28-28 Officers operating marked police vehicles off-duty shall be appropriately attired to effectively perform a police function while at the same time presenting a favorable image, including a neat, well groomed appearance at all times. Closed toed shoes are also required while operating a marked police vehicle. 3-28-29 Off-duty Officers shall have in their possession, and readily available at all times, while operating a City vehicle their service weapon (or Department approved off-duty weapon) , badge, identification and handcuffs or flexcuffs and radio. 3-28-30 Off-duty Officers shall, at all times, while operating their City vehicle, monitor the primary patrol operations radio channel appropriate for their location. 3-28-31 When responding to calls for police service while off-duty, Officers may be required to assist or refer the calls in order to best preserve evidence and maintain continuity. It shall be general Departmental policy to relieve an off-duty Officer with on-duty personnel as soon as reasonably possible. In such cases, off-duty personnel shall be compensated by overtime according to existing contractual agreements. Incidental occurrences of Police/ Citizen encounters will not be compensated. On-duty supervisors are responsible for monitoring and reporting any abuses. 3-28-32 In hazardous incidents encountered off-duty, while within the City's limits, Officers shall request a zone patrol car to handle the call, with the off-duty Officer standing by and assisting until on-duty personnel can adequately handle the situation. 3-28-33 While outside of the City limits, off-duty units are responsible for initially assisting in major incidents or referring minor incidents coming to their attention and rendering all necessary aid until jurisdictional units arrive. 3-28-34 When off-duty Officers are responding to a felony call or Code 3, non- police personnel if in said vehicle, will be discharged from the vehicle before responding. 3-28-35 All personnel operating City vehicles which become involved in accidents outside of the City of Miami Beach shall notifY the Public Safety Communications Unit ASAP. The Police Agency within that jurisdiction and the on-duty shift commander of the Patrol Division shall then be notified. The on-duty or on-call accident investigator will be sent to the location of the accident. The accident investigator shall prepare the appropriate reports, and cause photographs to be taken. A copy of the accident report shall be obtained from the jurisdiction in which the accident occurred. The paperwork will be distributed as follows: 1. Original to R.C.C. for logging and processing 2. Copy to P.E.P., Fleet Management Unit. 3. Copy to Accident Investigation Unit Supervisor. 4. Fax original to City of Miami Beach, Risk Management. prior to the end of the shift. The current fax number is 673-7023. 3-28-36 The Accident Review Board will review all preventable accidents involving city vehicles. The Board's findings could remove any offending Police Department employee from having a personal use vehicle, or even operating a City-owned vehicle at all. In cases where the vehicle removal would effect a specialized job function (i.e. , Motors, K-9, Arson Investigation, etc. ) the offending Police Department employee may be removed from his specialized job function and be reassigned. All findings of the Accident Review Board will be forwarded to the Fraternal Order of Police, Take-Home Vehicle Committee. 3-28-37 Officers will not presume any special privileges with a vehicle while off-duty. Operators will conform to all State and local laws and regulations regarding traffic and parking. 3-28-38 General orders pertaining to Officers on-duty shall also apply to Officers off-duty while operating a City vehicle. 3-28-39 Unattended City vehicles assigned to off-duty Officers shall be locked at all times. 3-28-40 Officers are responsible for the proper appearance and conduct of passengers. 3-28-41 Vehicles shall not be utilized for carrying heavy or excessive loads nor shall anything be carried which protrudes from the trunk or window or is attached to the exterior of the vehicle, unless authorized by a supervisor. 3-28-42 Officers shall not utilize a vehicle for off-duty employment as a part of such employment unless approved by the off-duty job office. A vehicle may be driven to and from such employment. 3-28-43 Employees shall not transport alcoholic beverages or unlawful drugs, of any type, in their take-home vehicle unless within the scope of their official duties (e.g. a sworn Police Officer transporting evidence). 3-28-44 Off-duty employees shall not drive their take home vehicles to establishments which are primarily engaged in the sale and! or on- premises consumption of alcoholic beverages, to businesses of questionable nature, or to any other establishments specifically prohibited by their Department head or the City Manager. 3-28-45 Officers participating in the vehicle programs are expected to take action when they come across or are advised of a situation which requires law enforcement action within the City of Miami Beach, while operating their assigned vehicle off-duty. 3-28-46 When personnel who are in the vehicle programs are scheduled for vacation for more than two weeks, their vehicles will be stored at the main police facility, and the keys are to be left with tiie Fleet Management Unit. Compliance with this procedure will be the responsibility of the effected officer. The vehicle, when feasible, will be made available for departmental use by the Fleet Management Unit. 3-28-47 Employees found in violation of any part of this policy may lose the privilege to participate in any of these vehicle programs. 3-28-48 Employees must be on full-duty status in order to operate any City owned vehicle. Any deviation from this rule must have the prior-to-use permission from the Chief of Police. 3-28-49 Employees who are not able to report for duty for a period in excess of one work week (forty consecutive hours), for reasons of sickness or injury, may not be able to have an Assigned or a Take-Home vehicle. If the employee is in possession of such a vehicle, he must notify the Fleet Management Unit who will ensure that it is returned to the police station. It will be the decision of the Fleet Management Unit whether this vehicle will be parked and returned to the injured employee upon his return to full-duty status; or if it will be reassigned. 3-28-50 The Fleet Management Unit reserves the right to assign vehicles according to Departmental needs and Officers assignment. VEHICLE EQUIPMENT 3-28-51 Vehicles assigned to Officers shall be equipped according to the Officers assignment.