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Miami Beach FOP Agreement AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA and MIAMI BEACH FRATERNAL ORDER OF POLICE WIT,T.IAM NICHOLS LODGE NO. 8 Period Covered October 1, 2000 through September 30, 2003 T/,RLE OF CONTENTS Page Numbez AGREEMENT & PREAMBLE .....................................................................................................................................................1 ARTICLE 1. RECOGNITION ..............................................................................................................................2 ARTICLE 2. DEDUCTION OF DUES ..............................................................................................................3 Section 2.1. Checkoff. ..........................................................................................................................................................3 Section 2.2. Legal Sen'ices Trust Fund .............................................................................................................................3 Section 2.3. indemnification ...............................................................................................................................................4 ARTICLE 3. GRIEVANCE PROCEDURE ......................................................................................................5 Section 3.1. Definition of Grievance and Time Li~nit for Filing ...................................................... 5 Section 3.2. Grievance Procedure .....................................................................................................................................5 Step 1 ....................................................................................................................................................5 Step 2 ....................................................................................................................................................5 Step 3 ....................................................................................................................................................5 Section 3.3. Binding Arbiffation ........................................................................................................................................6 Section 3.4. Authority of Arbitrator ..................................................................................................................................6 Section 3,5. Expenses of Arbitration ................................................................................................................................6 Section 3.6. Processing Grievances ...................................................................................................................................7 Section 3.7. Disputes Involving Persormd Rules ...........................................................................................................7 Section 3.8. Election of Remedies .....................................................................................................................................7 Section 3.9. Probationary Period .......................................................................................................................................7 Section 3.10. FOP Grievance Committee ........................................................................................................................7 Section 3.11. Waiver of Time Limitations or Steps ........................................................................................................8 ARTICLE 4. Section 4.1. Section 4.2. NO STRIKE AND NO LOCKOUT ...........................................................................................9 No Strike ..........................................................................................................................................................9 No Lockout ......................................................................................................................................................9 ARTICLE 5. MANAGEMENT RIGHTS ..........................................................................................................10 ARTICLE 6. POLICE EQUIPMENT ................................................................................................................11 Section 6.1. Equipment ......................................................................................................................................................11 ARTICLE 7. HOURS OF WORK AND OVERTIME ..................................................................................12 Section 7.1. Purpose ............................................................................................................................................................12 Section 7.2. Normal XX/orkweek ........................................................................................................................................12 Section 7.3. Four-Day Workweek .....................................................................................................................................12 Section 7.4. Weekly Overtime ...........................................................................................................................................12 Section 7.5. Distribution of Overtime Oppommity ......................................................................................................13 Section 7.6. No Pyramiding. ..............................................................................................................................................13 TABLE OF CONTENTS, continued Page Number ARTICLE 8. WAGES AND FRINGE BENEFITS ........................................................................................14 Section 8.1. Wages ...............................................................................................................................................................14 Section 8.2. Police Vehicle Policy .....................................................................................................................................14 Section 8.3. Compensation Plan ........................................................................................................................................15 Section 8.4. Merit and Longevity Increases ....................................................................................................................17 Section 8.5. Shift Differential ............................................................................................................................................17 Section 8.6. Holidays ...........................................................................................................................................................18 Section 8.7. Vacation Benefits ...........................................................................................................................................18 Section 8.8. Sick and Vacation Leave Acereal and Payment on Temination ....................................... 18 Section 8.9. Sick Leave Review Comrmttee ....................................................................................................................18 Section 8.10. Bereavement .................................................................................................................................................18 Section 8.11. Section 8,12. Section 8.13. Section 8.14. Section 8.15. Section 8.16. Section 8.17. Section 8.18. Section 8.19. Section 8.20. Section 8.21. Section 8.22. Court Time Compensation ........................................................................................................................20 Out-of-Classification Pay ...........................................................................................................................20 Standby Pay ..................................................................................................................................................20 Call-In Pay ....................................................................................................................................................21 Sunglasses and Prescription Glasses ........................................................................................................21 Field Training Officer .................................................................................................................................21 Injury Service Connected ...........................................................................................................................21 Special Assignment Allowance ..................................................................................................................22 Extra Weapon ..............................................................................................................................................22 Pension ..........................................................................................................................................................22 Premium Pay Supplement ...........................................................................................................................23 Pension Benefits ...............................................................................................23 ARTICLE 9. F.O.P. HEALTH TRUST .............................................................................................................25 Section 9.1 ..............................................................................................................................................................................25 Section 9.2 ..............................................................................................................................................................................25 Section 9.3 ..............................................................................................................................................................................25 Section 9.4 ..............................................................................................................................................................................26 Section 9.5 ..............................................................................................................................................................................26 Secdon 9.6 ..............................................................................................................................................................................26 Section 9.7 ..............................................................................................................................................................................26 ARTICLE 10. EDUCATIONAL LEAVE AND TUITION REFUND ..................................................... 27 ARTICLE 11. GENERAL PROVISIONS ...........................................................................................................28 Section 11.1. Safety and Health .........................................................................................................................................28 Secdon 11.2. FOP Activity and Non-Disctimination ...................................................................................................28 Secfon 11.3. Reduction In Work Force ..........................................................................................................................28 TABLE OF CONTENTS, continued Page Number ARTICLE GENERAL PROVISIONS, continued Section 11.4. Section 11.5. Section 11.6. Section 11.7. Section 11,8. Uniforms and Clothing Allowance ...........................................................................................................29 Disclosure of Records ................................................................................................................................29 Transfers .......................................................................................................................................................29 Meeting Between Parties ............................................................................................................................30 Negotiating Sessions ...................................................................................................................................30 Section 11.9. Job Descriptions ..........................................................................................................................................30 Secfon 11.10. Defemse of Members ................................................................................................................................30 Section 11.11. Personnel Rules and Departmental Manual .........................................................................................30 Section 11.12. Incorporation of Personnd Rules ..........................................................................................................30 Section 11.13. Medical Leave of Absence .......................................................................................................................31 ARTICLE 12. SEPARABILITY ...............................................................................................................................32 ARTICLE 13. TIME BANK .....................................................................................................................................33 ARTICLE 14. DRUG TESTING ............................................................................................................................35 ARTICLE 15. HEART DISEASE PRESUMPTION .......................................................................................36 ARTICLE 16. PROMOTIONS ................................................................................................................................37 Section 16.1 ............................................................................................................................................................................37 Section 16.2 ............................................................................................................................................................................37 Section 16.3 ............................................................................................................................................................................37 Section 16.4 ............................................................................................................................................................................38 Section 16.5. Seniority Points ............................................................................................................................................38 Section 16.6. Book Committee ..........................................................................................................................................38 Section 16.7. Written Test Scoring ....................................................................................................................................39 Section 16.8. Assessment Center or Behavioral Assessment Component Challenges ............................................39 Section 16.9 ............................................................................................................................................................................39 Section 16.10 ...........................................................................................................................................................................39 ARTICLE 17. F.O.P. PRESIDENT .......................................................................................................................41 Section 17.1 ............................................................................................................................................................................41 Section 17.2 ............................................................................................................................................................................41 ARTICLE ~9. ENTIRE AGREEMENT ..............................................................................................................42 ARTICLE 20. TERM OF AGREEMENT ...........................................................................................................43 EXECUTION ......................................................................................................................................................................................44 ELECTION OF REMEDY FORM ....................................................................................................................45 iii AGREEMENT ay Lu[ ,2001, 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"). PI!R&MBLE WHEREAS, the FOP has been selected as the sole and exclusive bargaining representative by a majority of employees in the certified bar~ining unit set forth in Article 1, and has been recogmzed 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 m provide in manner which is binding and superior to ordinances and personrid rifles 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 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"): Police Officers Sergeants Lieutemmts Detention Officers AR other employees in other existing classifications are spedally excluded. FOP - 2 ARTICLE 2 DEDUCTION OF DUES Section 2.1. Checkoff. Upon receipt of a hwilly executed written authorization from an employee which is presented to the City by an official designated by the FOP in xvritiag, the City agrees dtu:ing the term of this Agreement to deduct bixveekly FOP dues of such employees from their pay and remit such deductions to the FOP Treasurer within fmuteen (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 agrees to use dili~ence in making prompt delivery of monies owed to the FOP. The charge for dues deductions shall be calculated by multiplying one average run of checkoffs by four and multiplying the product by seven cents C/c:). The City shall notify the FOP of the mount owed no late than September I 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 stmctate or if there are additions or deletions to the established checkoff list. Section 2.2. Legal Services Trust Fund. If the FOP establishes a Legal Services Trust Fund, upon receipt of a hwfully executed written authorization from an employee which is presented to the City by an official designated by the FOP in writing, the City agrees dining the term of this Agreement to take biweekly deductions from such employees from their pay and remit such deductions to the Trustee within fourteen (14) calendar days; however, such authorization is revocable at the employee's will upon thirty (30) days' writtan notice to the City and the FOP. There will be no charge m the FOP for Legal Services Trust Fund deductions. The FOP xvill 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 ddetions to the established Legal Services Trust Fund deduction structure. FOP - 3 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 At~de; provided, that the City will not be indemnified or held hannless for any intentional tort. This indemnification is not intended to cover claims made by, or on behalf of the FOP. FOP - 4 ARTICLE 3 GRIEVANCE PROCEDURE Section 3.1. Definition of Grievance and Time Limit for Filing. A grievance is a dispute involving die interpretation or application of the express terms of this Agreement, excluding matters not covered by this Agreement or where Personnel Board rules end regulations are involved; provided that disciplinazy actions, including discharges, may be grieved under this Article. No grievance shall be entertained or processed unless it is submitted within fifteen (15) workdays (excluding Saturday, Sunday, or holidays recognized by the City) after the occurrence of the first event giving tise to the grievance or within fifteen (15) 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 tight to itidate 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 dealsinn 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 umt 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 in~vidual(s) end is not settled in Step 1 and an appeal is desired, it shall be referred in writing to the Chief or his designee. The Election of Remedy Form shall be completed and signed by the FOP and/or the gtievant, and attached to the Step 2 grievance. The Chief shall discuss the grievance within five (5) workdays with the employee and the FOP grievance conumttee at a time designated by the Chief. If no settlement is reached, the Chief shall give the City's written answer to the employee and the FOP grievance comnuttee within five (5) workdays following their meeting. Step 3: If the grievance is not settled in Step 2 and both the employee end FOP grievance committee desire to appeal, or if it 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 representative within ten (10) workdays after the City's answer in Step 2. A meeting between the City Manager or his representative, the employee, end the FOP grievance committee shall be hdd at the time designated by the City Manager within ten (10) workdays. If no settlement is reached, the City Manager shall give City's written answer to the employee end the FOP grievance committee within ten (10) workdays following the meeting. FOP - 5 Section 3.3. Bindl~ Arbitration. If the grievance is not resolved in Step 3 of the grievance procedure, the FOP grievance committee, with the concurrence of the employee who filed the grievance, or if it is a class g~evance filed by the FOP, with the concurrence of at least one employee of the named class, or if it is a grievance filed by the FOP on its own behalf, may refer the grievance to binding arbitration within ten (10) workdays after receipt of the City's answer in Step 3. The paldes shall attempt to agree upon an arbitrator within ten (10) workdays after receipt of notice of referral and in the event the pardes are unable to afttee upon an arbitrator within said ten (10) workday period, the Fatues shall jointly request the Federal Mediafon and Conciliation Service to submit a pand of five (5) arbitrators. Both the City and the FOP shall have the tight to strike two names. The name remaining after the City strikes shall be the arbitrator. The arbitrator shall be notified of his sdecfion within five (5) workdays by a joint letter from the City and the FOP requesting that he advise the parties of his availability for a heating. The parties may sdect a permanent arbitrator in lieu of the selection procedure set forth in this section. Section 3.4. AuthotiW of Arbitrator. The arbitrator shall have no sight to amend, modify, ignore, add to, or subtract from the provisions of this Agreement. He shall consider and deride only the spedtic issue submitted to him in writing by the City and the FOP, and shall have no authority to make a decision on any other issue not so submitted to him. The arbitrator shall submit in writing his derision within thirty (30) days following the close of the heating or the submission of briefs by the parties, whichever is later, provided that the parties may mutually agree in writing to extend said limitation. The decision shall be based solely upon his interpretation of the meaning or applica6on of the express terms of this Agreement to the facts of the grievance presented. If the arbitrator acts in accordance with this Section, the derision of the arbitsator shall be final and binding. Section 3.5. Expenses of Arbitration. The fee and expenses of the arbitrator and the cost of a writren transcript shall be divided equally between the City and the FOP; provided, however, each party shall be responsible for compensaling its own representatives or wimesses. FOP - 6 Section 3.6. Processing Grievances. All g~ievance discussions and investigations shall take phce in a manner which does not interfere with the operation of the Police Deparanent. Any time spent by the Grievance Committee of the FOP in dis- cussions or processing g~evances at Step l, 2, or 3 dunng their working hours shall not result in a loss of earrungs or bcneths. Section 3.7. Disputes Involvin_~ Personnel Rules. Notwithstanding anything in this collective bargaiulng agreement to the contrary, no geievance claim, dispute, or matter which involves the application, interpretation, or enforcement of Personnel Rules and/or Regulations, shall be the subject of a grievance trader this collective bargaining agreement;, nor shall any dispute which has been commenced under this grievance procedure be ftLr~er processed under this Contract if it is brought to the Personnel Board or any subsidiary committee of such Board. Seedon 3.8. Election of Remedies. The grievance procedure set forth in this collective bargaining agreement shall not be utilized for any dispute, claim, or charge which is the subject, in whole or in part, of any matter pending in any court, or before any board, commission, agency, council or other governmental body, regardless of the manner in which the matter is brought to the other forum by either employee(s) or FOP. Selection of another forum shall be deemed an exclusive election of forum and bar any consideration of the matter under this arbitration and grievance Article. Any grievance which is processed under this contractual procedure and is setfled in favor of the City or which is dismissed by an arbitrator shall not thereafter be appealed or referred to the Personnd Board, City Commission, or any other governmental board, commission, or agency. Section 3.9. Probationary Period. Nothing herein shall in any way affect the discretion presendy accorded the Chief of Police with respect to employees in their probationary pesiod following hire or in their probationary period following pro- motion. It is specifically understood by the parties that the exerdse of the Police Chiefs discretion in this regard shall not in any way be subject to the grievance procedure set forth herein. Seedon 3.10. 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 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 FOP - 7 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 comrmttee in grievance matters. The grievance committee shall not unreasonably use other departmental resources for the purpose of conducting g-devance-rehted work. Section 3.11. Wadvet 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 ARTICLE 4 NO STRIKE AND NO LOCKOUT Section 4.1. No Strike. The pa~es hereby recognize the provisions of Chapter 447, Florida Statutes, which define strikes, prohibit strikes, and establish penalties in the case of a shrike, and incorporate those statutory provisions herein by reference. Section 4.2~ No Lockout. The City will not lockout any employees dttting the term of this Agreement as a result of a labor dispute with the FOP. FOP - 9 ARTICLE 5 MANAGEMENT RIGHTS It is recognized that except as stated herre, the City shall retain all rights and authosity 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 tight to direct the work force; to plan, direct, and control all the operations and services of the Police Department; to determine the methods, means, orgamzations, and personnel by which such operations and senrices are to be conducted; to assign and mmsfet employees; to schedule the working hours; to hire and promote; to demote, suspend, disdpline or discharge for just cause, or relieve employees due to lack of work or for other legitimate reasons; to make and enforce reasonable rules and regulations; to change or eliminate existing methods, equipment, or facilities; provided, however, that the exercise of any of the above rights shall not conflict with any of the expressed written provisions of this Agreement and that a grievance may be filed alleging such a conflict. The City shall not employ more than thirty-eight (38) Rese, rve 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 bargaiulng unit members fails. Any Reserve Police Officer who is called to work an off-duty job will do it without remuneration. FOP- 10 ARTICLE 6 POLICE EOUIPMENT ~. F, tllliRmt~. The City agrees to continue the cttrtent policy of issuing equipment which includes shirts, pants, footwear, leather, department-issued weapons, ammunition, handcuffs, expandable batons, light and heavy iackets, rain gear and traffic temphtes. Additionally, the City will supply an initial issue whisfie to all patrol officers. Rephcement of whistles shall be at the officer's expense. To the extent that a flashlight is a required article of equipment, the City shall provide it. The City will reimburse employees for the cost of replacement of protective vests up to a maximum of $550.00, when needed. Necessary ammunition will be issued to each employee every twdve (12) months to guarantee reliability of the ammunition. FOP - 11 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 end payment of overmine. 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 Secfon 7.4 and 7.5 bdow) as may from time to time be requited in the judgment of the City to serve the citizens of the City. The workweek shall begin with the employee's first regalmr shift each week. All hours scheduled in the normal workday will be consecutive. An employee called in early in advance of his normal shift starung 6me will not be se~t 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 3 below, the City shall retain its fight to establish end modify normal work schedules. Section 7.3. Four-Davy Workweek. The City shall extend the present policy of a four (4) day workweek to all employees in the bargaining umt 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 32 weeks, measured non-consecatively from the date of injury, on light duty on a 4-10 schedule, or to receive ISC payments for 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 dufing 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. For all hours worked in excess of forty (40) hours during an employee's workweek, the City will pay the employee one and one-half (1 -l/2) times the employee's straight time hourly rate of pay. The current policy for calculating hours worked will remain in effect. FOP- 12 Section 7.!i. Distribution of Overtime O~pottunil~. A. Overtime is recognized as being of three (3) general types within the Police Department Catty-over Overtime - Overtime for work carried over from an employee's regular duty ass~gmnent (e.g., uniform officer on arrest; detectives' on-going investigations). "Carty-ovet Overtime" shah not be subject to equal distribution rides. Stattln_t, 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. Special Event Ovettlme - Overtime for phnned events or assignments. Spedal Event Overtime shall be distsibuted on a rotating basis, as equally as practicably possible, among employees in the particular division who are qualified to perform the particular overtime work, by departmental seniosity. Employees who are not in the partictthtr work unit or division will not be assigned to Staffing Overtime or Special Event Overtime unless reasonable attempts to assign employees from within the work unit or division have failed. Records for Staffing Overtime will be maintained at the Platoon or work section level. Records for Spedal Event Overtime will be maintained at the Division levd. Pay for overtune work will be paid no htet than the second pay period in the month following the month in which the overtime is worked. Section 7.6. No Pyramidltd. Compensation shall not be paid more than once for the same hours. FOP- 13 ARTICLE 8 WAGES AND FRINGE BENEFITS Section 8.1. ~g~.~. Effective with the first full payroll that begins on or after September 25, 2000, there shall be an across-the-board wage increase of four percent (4%). In order to obtain any retroactive wage increase, bargaining unit members must be employed with the City on the ratification date of the 2000-2003 collective bargaining agreement. Effective with the first full payroll that begins on or after September 24, 2001, there shall be an across-the-board wage increase of four percent (4 %). Effective with the fast full payroll that begins on or before September 30, 2002, there shall be an across-the-beard wage increase of four percent (4 %). Section 8.2. Police Vehicle Policy. In an effort to reduce the long-term costs to the City in maintenance, repairs and liability, a take-home vehicle program will continue on a phased-in process to the extent that funds are available in compliance with State and Federal law from the Police Confiscated Fund. Purchase Orders for the purchase of the vehicles for the take-home program shall be issued within 60 days after the receipt of the State of Florida contracted bid prices (estimated in January of each year). Bargaining unit members who are partialpants 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 all eligible personnel by Departmental seniority. It is agreed and understood that all appropriations and conumtments by the Poke Department as of November 16, 1994, will have first priority for the expenditure of such Confiscated Funds. After funding has bee~ located for such appropriations and commitments, excess funds will be allocated in a 60%/40% ratio with 60% dedicated to the needs of the FOP- 14 Police Department as determined by the Chief of Police and the remaining 40% being allocated for the purchase of the vehicles for the take-home program. Such allocations from the Police Confiscated Fund for the take-home program shall be modified after all such initial purchases have been completed. The monthly confiscated fund report shall be sent to the FOP President each month. To defray the operating expense incurred by the City as a result of the non-offidal use of take-home vehicles, employees shall be assessed a user fee for each biweekly period in which they have a car assibmed to them. The fee shall be based on the location of their pmaty residence as shown belov~ LOCATION BI-W!~EKLY FEE Miami Beach -0- Dade County (other than Miami Beach) $25.00 Broward County $30.00 Palm Beach County (as limited below) $45.00 The take-home vehide program shall be available to any swom officer who was hired before the ratification date of 2000-2003 Agreement who resides hi Miami-Dade or Broward County. The take-home vehicle program shall not be available to any sworn officer who is hired on or after 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 office who is living outside Miami-Dade County and moves back to Mmmi-Dade County. In addition, the availability of take-home vehicles for sworn officers who live in Palm Beach County shah be limited to only those five (5) sworn officers who resided in Palm beach County on the date of ratification of the 2000-2003 Agreement and were employed by the City when the take-home program was implemented; the fee to be paid by the Palm Beach officers shall be applicable effective the first pay period after the date of receipt of a city vehicle. Section 8.3. Conlpensation Plan. Entry Level Pay - Hired on or after October 1. 1997 Pofiee Officer Non-Certified Hire - A newly hired, non-cetlified Police Officer will be placed in the Poke Officer FOP- 15 Trainee Step 1 rate of pay while attending the Police Academy and until he/she receives notification of passing the State Certificafion examination. The pay period following the notification of passing the State Certification examination the bargahing 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. Non-Florida Certified Hire Academy Required - A newly hired, Non-Florida certified Police Officer who is requited m attend the Police Academy will be placed in the Police Officer Trainee Step 2 rate of pay while attending the Academy and until be/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. 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 senice and Step A for the duradon of his/her first year of senice. 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 phced in Step A for the duration of his/her first year of senice. Certified Hire with or greater than three (3) years of experience - A newly hired Police Officer with ur greater than three (3) years of experience shall be placed in Step B for the duration of his/her first year of senice. FOP- 16 Detention Officer A nex~ty hired Deteution 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 exammarion, he/she shall be placed on a leave of absence without pay until such time as he/she passes the State Certification exammarion. 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-exatmnatiun, his/her employment with the City shall terminate. Section 8.4. Merit and Lon_~evitF Increases. All merit end longevity increases shall become effective on the payroll period commencing nearest the employee's anmvetsary date, as per current practice. A remit increase shall be awarded based upon the employee receiving a satisfactory evaluation during that rating period, as per current practice. Section 8.5. Shift Differential At the time this Agreement was executed, the City maintained three standaid shifts of work to-wit a first shift starerig approximatdy 11:00 p.m.; a second shift (also called "Day Shift") starting approximately 7:00 a.m.; and a third shift (also called "Afternoon Shift") starting approximately 3:00 p.m. For all work by the third shift performed after 3:00 p.m., a shift differential pay of thirty_two cents (32¢) per hour shall be added to the employee's hourly rate; for all work by the first shift performed after 11:00 p.m., a shift differential pay of fifty-two cents (52q:) per hour shall be added to the employee's hourly rate. If the City rearranges the shift scheduling or establishes any new shift, shift differential pay shall follow the above formula based on the lime period in which a majority of hours are worked by the employee. Thus, ff a majority of the non-standard shift hours are after 3:00 p.m., all the shift differential pay for all post 3:00 p.m. hours shall be thirty-two cents (32¢:) per hour. If a majority of the non-standard hours are after 11:00 p.m., all the shift differential pay for all post 11:00 p.m. hours shall be fifty-two cents (52¢) per hour. FOP- 17 Section 8.6. HolidayS. Consistent with the City Commission holiday resolution end carrent department practices, the holiday benefits presently enjoyed by the employees covered by this Agreement shall continue. Employees shall be paid double time for all hours worked on a holiday. Employees whose day off falls on a holiday shall be given enother day off if they work on that holiday. Effective the first holiday following ratification, the following holidays shall be recognized as follows: Recognized Date New Years Day Jenuaty 1 Independence Day July 4th Veterans Day November 11th Christmas December 25 Section 8.7. Vacation Benefits. Consistent with applicable ordinances, the vacation benefits presently enjoyed by the employees covered by this Agreement shall continue. Amounts accrued prior to Jenuary 1, 1975 shall remain status quo. In the event an employee is not a]]owed 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 c~lendar year pursuant to existing rules governing accumulation. However, in no event shall an employee be penalized by losing accumulated vacation me because he was unable to use it because of departmental needs. This Section shall not apply to sick leave accumulation. ~. Sick and Vacation Leave Accmal and Payment on Tetnmination. The present policy concerning sick leave, including the policy for payment of accrued sick end vacation time combined, up to a maximum of one year's salary, upon temunation, retirement, or death, shall continue for all employees hired before October 1, 1978. Effective October 1, 1978, all new employees covered by this Agreement shall, under applicable ordinances, rules, and regulations, be allowed to accrue no more then 360 vacation hours except in accordence with provisions for postponement of vacation leave as set forth in Article 8, Section 7, of this Agreement; be pertrotted to transfer sick leave in excess of 360 hours to vacation leave at the rate of two days' sick leave to one day vacation leave to be used in the pay period year when transferred; be petmiRed a maximum payment at time of termination, death, or retirement of 480_hours' vacation leave end one half of sick leave to a maximum of 600 hours. FOP- 18 1. A post October 1, 1978 employee who retires between the ratification date and on or before September 30, 2001, shall be entided to termination payout of one-half (1/2) of his/her accrued sick leave up to a maximum payout of 480 hours. 2. A post 1978 employee who retires on ur after October 1, 2001, shall be entitled to a termination payout of one-half of his/her accrued sick leave up to a maximum payout of 600 hours. In addition to the above, a pilot sick leave buyback program will be implemented in the second year of the contract A pilot program will be instituted on a dollar for dollar basis. The pilot program can be discontinued at the Manager's sole discretion at the end of the contract term. a. minimum balance of 360 hours of combined sick and vacation leave to partialpate in the pilot program b. Senback of up to 100 hours annually with 0-2 incidents* of sick leave usage within the preceding twdve (12) month period c. Sellback of up to 60 hours ainurally with 3 inddents* of sick leave usage within the preceding twelve (12) month period d. Sellback of up to 40 hours annually with 4 inddents* of sick leave usage within the preceding twelve (12) month period * An incident is defined as no more than five (5) consecutive work days for the same illness/injury. Section 8.9 SickLeave Review Committee. Upon ratification of this Agreement, a sick leave review comrmttee shall be established. Two (2) members shall be appointed by the FOP President and the Human Resources Director shall be the third member. Such committee shall meet every other month on the first Monday of the meeting month. The committee shall review the sick leave usage of the department and shall make recommendations to the Chief of Police on reducing sick leave abuse. A copy of the Committee's recommendation shall be sent to the City Manager or his designee. Section 8.10. Bereavement. When there is a death in the immediate family (mother, father, grandparents, grandchildren, current spouse's parents, brother, sister, current spouse, children or stepchildren or domestic parmet as defined in the Domestic Partner Leave Ordinance of an employee, he or she shall be allowed two (2) days 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. In such circumstances, additional time off may be grimted at the discretion of the Chief FOP- 19 of the Police Depament, and shall be chargeable to the accrued sick ot vacation leave of such employee. Requests for additional time off shall be submiRed in writing to the Chief. Section 8.11. Court Time Comtgnsation. 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: During an employee's off-duty hours, a minimum of three (3) hours pet day shall be guaranteed. However, if the employee's first court appearance begins within one (1) hour of the start of his/he shift ot ends within one (1) hour after the and of his/her shift, a mum of two (2) hours per day shall be guaranteed. For the employee's second off-duty appearance in the same day, an additional two (2) hour minimum shall apply after the expiration of three hours (or two hours if the initial two-hour minimum was in effect). For the employee's third off-duty appearance in the same day, an additional one (1) hour minimum shall apply after the expiration of five hours (or four hours if the initial two-hour minimum was in effect). ~. Out-of-Classification Pay. Whan an employee is assigned by the shift commander to perform at the levd of a higher rank, he shall be paid for the duration of the assignment at an hourly rate of pay of one dollar ($1.00) higher than his/her regular ~ate; provided that this shall in no way annstimte an obligation to assign an employee to a higher chssification under any circumstances and it is recogmzed that the City retains the fight to detemine whan and for how long an employee will be temporarily assigned to a higher classification. ~. Standby Pay. When an employee is placed on standby during off-duty hottts by order of the shift commander for the purpose of being available to remm to duty to handle emergency crowd anntml or natural disasters, he will be paid one-half(I/2) of his regular base rate for all standby time up to a maximum of eight (8) full-me hours in a twenty-four (24) hour period statm~ with the me he is notified to stand by. Standby remuneration shall cease at the earlier of sixtean (16) hours in a twanty-four (24) hour period or when the employee is notified by order of the shift cotnmandet that the standby order is rescinded. Standby hours shall not be considered as hours worked for purposes of overtime. FOP - 20 ~. -f, alIzlB. P_~. An employee who is called in to work outside of his normal tour of duty will be paid a minimum of two (2) hours' compensation at a rate of time and one-half the regular hourly rate, except when contiguous to the employee's regular schedule. Section 8.1~. Snn~a~ses and Prescription Glasses, The City agrees to reimburse employees for the purchase or repsi~ of sunglasses and prescription eyeglasses with a maximum allowable reimbursement of sixty ($60.00) dollars per employee in a twelve (12) month period, when they are lost or damaged while the employee is engaged in active police work such as arrests, pursuit, physical conflict or vehicular accidents. ~ Field Ttainlng Officer, When an employee who has completed the fidd training officer program is assigned to on-duty training of a trainee or new police officer, the fidd training officer will receive an additional $1.00 per hour for each hour(s) he is assigned to train. Seclioq 9.17. Illjuly Service Connected. For two (2) sixteen (16) week periods, the City agrees to compensate any member of the bargaining unit with the difference between the weekly disability workers' compensation benefit received or which the employee is entitled to receive, and his or her regular rate of pay for any time lost from work due to injmies sustained under the following circumstances: 1) While on duty and entitled to be paid by the City; or 2) While reasonably exercising police officer functions within the City limits of Miami Beach while off duty;, or while working a departmentally sanctioned off-duty job; or 3) 4) 5) While exercising police officer functions when there is a physical danger to a person and the employee takes reasonable action off duty in Dade or Broward or Palm Beach County; or When operating a City w. hide, being duly authorized to do so by the City;, or while on a reasonably direct travel route to or from work and home in theis private vehicle while within the City limits. 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 Presidere, the City Manager, at his sole discretion, may extend the above-described I.S.C. payments beyond thirty-two (32) weeks. This derision is not subject to grievance or arbitration. The approvals for receipt of this compensation as presen~y required shall be continued. FOP - 21 ~. SReciul Assignment Allowance. Employees assigned on a permanent basis to motorcydes shall receive a special assignment pay of five percent (5%) in accordance with existing practice. Employees assigned to work a 5-8 shift shall receive a spedal assignment pay of two and one-half (2-1/2%) percent. Employees who are on 5-8 light duty because of non-sercice connected injury ur illness shall not receive the special assignment pay. Employees who are on 5-8 light duty because of sen, ice-connected injury or illness, where the City doctor approves a 40-hour work schedule, and who have demonstrated the ability to work a 40-hour workweek, shall receive the special assignment pay for all hours worked on 5-8's. If the ISC light duty employee takes off work and receives I.S.C. payments, the employee will not receive the 2-1/2% special assignment pay for time not worked. Section 8.19. Extra Weal>on. Employees will be allowed to carry a concealed, extra weapon while on duty, as approved by the range master. The pension benefits as they curren~y exist shall continue, except that the City shall amend the pensinn plan to provide the following banefits for bargaining unit members who retire on or after October 1, 2001: Member with 20 or more yeats of creditable service who are eligible to receive normal or early retirement benefits under the System may purchase additional creditable service under the System for up to 2 years of full-me public safety service as a hw enforcement officer ptiur to City employment, provided the member is not entitled to ~eceive a benefit for such se~viee under another pension plan, and further provided that the member may not purchase a combined total of more than 4 years of creditable service for prior public safety service and prior mih~y service. The cost for each year of creditable service for prior public safety service purchased shall be the same rate as provided in the plan for the purchase of military service, with the cost prorated for fractional years of sen, ice. 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. Members with 20 or more years of creditable setdee who are eligible to receive normal or early retireanent benefits under the System may also purchase up to an additional six percent (6%) multiplier, in increments of three percent (3%), provided the combined total of additional yeats of creditable service purchased pursuant to paragraph (A), above, may not exceed 2 years if a member purchases an additional six percent (6%) multiplier, or 3 years if the member purchases an additional three percent (3%) multiplier. The cost for each additional three percent (3%) FOP - 22 multiplier purchased shall be the same as the cost for each year of pilot public safety service ot militat-] 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. ~ Ptenah~m Pay Supplement Contill[rent Upon file Dcp. artmenes Obtalni~l~ and (2ert~in In recognition for obtaining and maintaining the accreditations described below, the following premium pay supplements ~ be paid under the following terms: Effective with the first full paymR period that occurred after December 2, 2000, the date on which the Police Department obtained Accreditation by the Commission on Accreditation for Law Enforcement Agencies (CALF:A), all bargaining unit members shall be paid a premium pay supplement of $40.00 per pay period for as long as the Police Department maintains C31J~A Accreditation. The parties agree, however, that if the CALEA Accreditation is discontinued, this premium pay supplement shall be discontinued in the first full payroll period that occurs after the CA I J~ A Accreditation is discontinued or revoked. Accreditation by the State Commission for Florida Law Enforcement. A separate conditional accreditation premium pay supplement in the amount of $10.00 per pay period shall be paid beginning October 1, 2001, to all bargaining unit employees in the Police Department for acereditatioa from the State Commission for Florida Law Enforcement, Inc. If this state accreditation is denied, revoked, or discontinued for any reason, the pames agree that the $10.00 premium pay supplement shall be automatically discontinued in the first paytoll peilod after such denial, revocation, or discontinuance. If tither of the accreditations provided for in subsections (1) ot (2) above are discontinued for reasons unrelated to the action or inaction of bargaining unit members, than the supplement shall continue. Pension Benefits If the pension benefits are not implemented, the FOP dill receive the following: A) The cost of living dill increase by one percent (1%) effective with the first full paytoll that begins on or after September 25, 2000. B) No fees to the employee for take-home vehicles under ~8.2. The separate conditional accreditation premium pay supplement for the Accreditation by the Coram~ssion on accreditation for Law Enforcement Agencies shall be $25.00 per pay period instead of $40.00 for as long as the Police Department maintains the accreditation and an additional $25.00 per pay paried instead of $10.00 shall be paid beginning October 1, 2001, to all bargaining unit employees for accreditation from the State Commission for Florida Law Enforcement, Inc., for as long as the Police Department maintains FOP - 23 the accreditation (as provided in $ 8.22 above). FOP - 24 ARTICLE 9 F.O.P. HEALTH TRUST ~. The City shall connibute to the F.O.P. Health Trust ninety percent (900/0) of its per employee or family PPO payment it pays on account of its own Health Plan. In addition, the lyarties agree that a joint Labor Management Commitlee shall consider, and make recommendations for alternative proposals regarding group health coverage and or alternative methods for detarnlimg a formula for determining the amount of the City's contributions to the FOP Health Trust. Both parties must agree in writing to any changes. The City shall also contribute to the Trust the amount of preminm it is paying for term life instttance for covered employees and covered retirees. In the event there is a change in the hw which increases the cost of the delivery of medical care provided by the Trust, this Article shall be reopened at the request of the F.O.P. For the tegn of this Agreement, the City's contribution to the F.O.P. Health Trust shall not be decreased. AR eligible employees and their dependents descsibed in Section 7 shall be eligible to enroll in the F.O.P. Health Trust Plan and shill not be eligible to partialpate in the City Plan dining their employ or retirement for so long as the F.O.P. Trust exists. A non-bargaining unit sworn police officer who dects to enroll in the F.O.P. Health Plan may apply to the Trust and will be enrolled upon leave of the Trustees, and thereafter will be deemed to be a covered employee provided he or she meets the following criteria: (i) Must be on the City Police Department Payroll at the time of enrollment; Must be an F.O.P, member for two years (or length of me in Department ff less ~mn two years) prior to emrollment, and must maintain membership throughout the period of coverage; Must meet insnrability csiteria satisfactory m Trustees; and (iv) Must make the election within thirty (30) days after appokatment out of the bargaining unit. Section 9.3. All covered employees and covered retirees shill be allowed to continue under the City's Dental Plan as it may exist. FOP - 25 Section II,4. The City's Insusance Plan shall be responsible for the runoff of all claims incurred prior to the time the F.O.P. Health Trust Plan went into effect. Section 9.5. The City shaft be provided with a copy of the F.O.P. Health Trust Plan booklet and the Trust Agreement, and my other information requited by hw and shall be apprised of any changes in the Trust Agreemere and/or Plan benefits. Additionally, a copy of the Trust's annual C.P.A. audit report shall be sent to the City Manager and the Trust or their designee shaft in a reasonable time period answer reasonable inquiries concerning the finances of the Trust. Section 9.6. The F.O.P. shall indemnify and hold the Cxty harmless against any claim, demand, suit, or liability, and for all legal costs aming in relafon to the implementation ot administration of the F.O.P. Health Insurance Trust and Plan, except if the City's acts or omission give rise to its own lialillty. ~. 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 Departmeat payroll. FOP - 26 ARTICLE 10 EDUCATIONAL LEAVE AND TUITION RW~FUND Subject to applicable Personnd Rules, an employee may request an educalional leave of absence without pay to take a course or courses in a fidd related to the work assignment of said employee. The City's tuition refund program shall be continued for the tetra of this Agreement. FOP - 27 ARTICLE 11 GENERAL PROVISIONS Section 11.1. Safe~y sad Health. The City and the FOP shall cooperate in matters of safety and health affecting the employees covered by this Agreement. Section 11.2. FOP Activit,v 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 parfdpafon, or activities on behalf of, or his refraining from acfvity on behalf of the FOP, No employee covered by this Agreement shall be disctin/mated against because of race, creed, national otigith 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 reqnirmg 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 xvork force, employees will be laid off in accordance with their length of time in grade service and their ability to perform the work available and applicable veterans preference hws. When two or more employees have equal ability, the employee with the least mount of service will be the first one to be laid off. When the working force is increased after a hyoff, 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 hst known address by registered mail or certified mail. If an employee fails to report to work within thirty (30) days from date of receiving notice of recall, he shall be considered to have quit. No new employee will be hired into the bargaining unit as long as any bargaining unit employee remains on by-off stares. Dunng the course of this Agreement, no employee will be laid off and no employee will be demoted (except for disdplinazy demotions). FOP - 28 ~. Uniforms and Clothinl? Allowance. The City will continue its present policy concerning uniforms and will provide uniformed persormd with a Fifty Dollar ($50.00) monthly maintenance allowance. The City will provide Seventy-Five Dollars ($75.00) monthly allowance for those sworn employees assigned to work in civilian clothes. When transferred into the Criminal Investigation Unit or other unit req, fi,-i,~g civilian clothes, the City will advance the employee, at his request, the sum of Three Hundred Seventy Five Dollars ($375.00) for the purchase of clothing. The employee affected shall agree to relinquish the Seventy Five Dollar ($75.00) per month clothing allowance for the following five months, and shall also agree to reimburse the City for any pro-rata amount in the event of transfer, termination, resig- nation, or retirement prior to completion of five (5) months in the civilian clothes assignment. If the reimbursement is caused by a transfer, the reimbursable amount shall be collected at the rate of Seventy-Five Dollars ($75.00) pet month. ~. Disclosure of Records. Employees will not have information contained within any of their files disclosed to persons other than managerial and supervisory employees unless the person requesting such information ('including home talephone number, address, etc.) shall complete and sign a "Request for Information" loan and present proper identification. The request foam shall have provision for the name, address, and telephone number of the person requesting the information and the reason for the request. A copy of any such request form completed shall be left in the employee's personnel file. ~¢thll_llAi. Ttansfera. It shall be the sole right of the Chief of Poke 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 prior to the transfer in order that the employee may arrange for an orderly change. The five (5) day notice may be waived by the employee and it need not be given when unforeseen needs of the Depatlment or emergency conditions requixe that temporary changes be made with lime or no advance notice. FOP - 29 ~. Meeting Between Patties. At the reasonable request of either party, the FOP President, or his representa- tive, and the City Manager, or his representative, shall meet at a mutu~y agreed upon dine and phce to discuss matters that require immediate discussion. Section 11.8. Negotinlln~ Sessions. Time and dates for negotiating sessions shall be routrally agreed upon. Up to three (3) on duty FOP representatives shall be permitted to attend negotiating sessions without loss of pay or benefits if they ware othenvise scheduled to work. ~ Job DesefilHions. It is understood by the parties that the duties enumarated in the job description promul- gated by the City are not always specifically described and are to be construed liberally. The City agrees to notify the FOP of any change in the job desesiption of any classification in this bargamm~ unit. Section 11.10. Defense of Members. In the event any action for dvil damages is brought against a member of the bargaining unit hareunder 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 coonsel fees for the employee providing the employee's liability results from action of the employee ~rising out of and in the course of his employment heretmdar, and further providing that such judgment against the employee does not result from the wanton and willful action of the employee. ~. Pereonnel 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. A copy of the manual of the Police Department is provided to all employees in the department and proposed changes in said manual will be supplied to the President of the FOP ot his designated representative before implementation and an oppor- tunity to discuss the changes will be afforded. Any changes to SOP's shall contain a detailed legishtive style description of the proposed changes. Section 11.1:~. Incorporation of Pereonnel Rules, Any personnel rules agreed upon by the parties for incorporation in this collective bargaining agreement shall be set forth in an addendure to this Agreement. FOP - 30 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 Chiefs discretion. Employees may use any accumulated leave time or comp time d~ring this leave. FOP - 31 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 compete~xt jurisdiction, that portion of the Agreement in conflict with said law shall be inoperative and subject to mediate renegotiafion for a replacement provision, but the remainder of the Agreement shall continue in full force and in effect. FOP - 32 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 so that the President, or his desigaee(s), may draw from such Time Bank, thereby detacli~ said petson(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. 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 me to be donated. These cards are to be forwarded on a quarterly basis to the Chief of Police for his signature. The Chief of Police will then forward this material to the Personhal Director 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 mount 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 dry 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 ot allocating the deducted me to the time pool." This request shall be reviewed by the Chief of Police, or his designee, and approved subject to the manning requirements of the department. Such approval shall not be arbitrarily withheld. Such approval, once having been authorized, may be rescinded subject to the .mamung requirements of the department. FOP - 33 Time donated to the Time Bank shall be convened to the salary dollar equivalent of the donor(s), and me 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 md 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 en~~ed to use the hours remaining pursuant to the provisions of this section. Any injury received or any acddent incurred by an employee whose lime is being compensated by the FOP Time Bank, shall not be considered a line-of-duty injury, nor shall such injury or acddent be considered to have been incuned in the course and scope of the employee(s) employment by the City of Miami Beach within the meaning of Chapter 440, Florida Statutes, as amended. The City reserves the fight to rescind any provisions of this Article which are found illegal. If any provision of this section is found to be illegal, this section ur any portion thereof, shall immediately be renegotiated. FOP - 34 ARTICLE 14 DRUG TESTING Upon reasonable belief, based upon objective factors, that an employee has used an unlawful drag, the Chief of Police or, in his absence, the Assistant CHef, may direct the employee to submit to a minalysis for detection of drugs. In the case of a drug test, the following conditions will be applicable: A split sample of the urine will be obtained so that two different laboratories to be sekcted by prior agreement of the City and the FOP may test the urine if desired: If the employee claims that there is not a reasonable belief, based on objective factors, that the employee has used an unlawful drub the urine will be frozen pending an expedited arhitration hdd before whichever of the three pre-agreed upon local arbitrators (to be selected by the City and the FOP) is first available on a rotating basis. The sole issue before the arbitrator shall be whether there was reasonable belief to direct a test as set forth above. If the arbitrator finds there is not reasonable belief, the mine specimens shall not be tested and shall be discarded. If the arbitrator finds there is reasonable belief, or if no challenge to the reasonable belief basis has been made, then one urine specimen shall be tested by the laboratory selected by the parties. All tests for an unlawful drug will be by an agreed upon gas chromatogtaphy/mass spectmmetry method, and the other specimen will be tested by the second agreed-to laboratory, if the employee requests. In the case of either or both urine tests, the cutoff shall be the nanogram threshold which shall be established by prior agreement between the parties in the Random Drug Testing Agreement. FOP - 35 ARTICLE 15 HEART DISEASE PRESUMPTION Any condition or impairme~tt of health of any detention or sworn officer caused by heart disease testtiling in total or partial disal:/dity or death shall be presumed to have been acddental 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 arbitnttor. If tights of detention ur swom officers are phced before the Bureau of Workers Compensation, then what is "satisfactory evidence" will be determined by the Bttteau in accordance with Workers Compensation hw. FOP - 36 ARTICLE 16 PROMOTIONS ~. Advancement to the ranks of Sergeant and Lieutenant shall be by examinations that measure the knowledge, skills, and ability of personnd and by seniority. A promotional examination will be given every two (2) years, unless the FOP President and the City Manager mutually agree to some other schedule. Effective with the first test ~ven after ratification, the foRowing revisions to Article 16 shall apply. Section 16.2. Eligible applicants for the promotional examination for Sergeant and Lieutenant shall be give~x a two-part exammarion, consisting of a validated, written test, which shall comprise fifty percent (50%) of the final examination score, and an Assessment Center or a mutually agreed upon behavioral assessment component. The Assessment levels shall have a weight of fifty percent (50%) of the total score. The written portion shall be given first and applicants for Sergeant or Lieutenant positions must successfully pass the written test with a raw score of seventy percent (70%) to be eligible, at a htet date, to take the Assessment Center or the behavioral assessment component portion of the examination. Passing scores for the Assessment Center or the behavioral assessment component shall be set by the test consultant. If there are not a significant number of minorities promoted after the next sound of promotional testing after the effective date of this Agreement, the parlies will meet to review the respective weights and re-negotiate the Article, if necessary. ~. All police officers who on written test date have four (4) years of seniosity from date of appointment to Police Officer or Police Officer Trainee and performance evaluations of satisfactory or above for the preceding twenty-four (24) month period shall be eligible to take the Sergeant's test. All Sergeants who on written test date have two (2) years seniority from the date of appointment as Sergeant and performance evaluations of satisfactory or above for the preceding) twenty- four (24) month period.shall be eligible to take the Lieutenant's test. Applicants must, in both cases, apply on or before the application cut-off date and me in accordance with Personnel Rules. The Human Resources Director 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 probefionary status. In the htter case, if at least three (3) years have ehpsed since such failure of probationary advancement, such candidate will be considered qualified. FOP - 37 Should any apphcant, so disqualified for any of these alleged reasons, contest such disqualification, he shall have access to the grievance procedxtte under this contract. ~. The Human Resources Director shall cause to be devdoped validated examinations which dosdy measure the knowledge, skills, and abilities of a Miami Beach Police Sergeant and a Miami Beach Lieutenant, administer such examinations, and prepare a promotional register, one for Sergeants and one for Lieutenants, contag 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 partidpation 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. Senlori~y Points: 0.2 point shall be added to an employee's Sergeant's passing examination score for each completed year of sereice, to a maximum of 25 years. 0.25 points shall be added to an employee's Lieutenant's passing examination score for each completed year in grade as a Sergeant. Section 16.6. Book Committee. A comnuttee of five (5) incumbents sdected by the Chief shall sdect the books and test material from which technical knowledge questions on the written test and behavioral assessment component.will be drawn. Final selection shall be made after consultation with the test developer. Such selection or changes therein, shall only be made after a representative of the FOP shall have a reasonable oppommity to meet and provide input on the sdection process. The test material chosen for the written test and for the behavioral assessment component shall be described and announced by the City to the FOP and its members at least three (3) months before such test. FOP - 38 Overview, Orientation, end Preparation sessions for the written test end for the Assessment Center test or the behavioral assessment test shall be given at least thirty (30) days prior to each test. Section 16.7. Written Test Scoring. Within 24 hours after the administration of the written test, en applicant scoring session will be conducted. Each examinee will be able to review a copy of kis/her own answer sheet end the scoring key (for his/her use during the review session only), with the correct response, the name of the reading source end location from which each written test question was drawn. Challenges will be written end submitted m the test devdoper during a mum of two (2) posttest review sessions occurnng on separate days, end conducted within ninety-six (96) hours of test completion. The test developer shall conclusively deride all challenges based upon standard industry techniques. Section 16.8. Assessment Center Test ot Behavioral Assessment Test Challenges. Upon completion of the determination of a score for the Assessment Center Test or the behavioral assessment test, each examinee shall be funfished with his/her test result. Human Resources shall establish a reasonable time period within which each examinee may review their examinations at a post-test review appointment Challenges regarding the components of this portion of the examination must be made in writing to the test developer within ninety-six (96) contiguous hours after the post-test review appointment. The test developer shall conclusivdy deride all challmges based upon standard industry techniques. For each examrace who submitted a challenge, each examinee's own challenge end response will be available no later than eight (8) weeks after the date of the last exammee's submission of challenges. Section 16.9. Formal examination scores end a promotional list shall be certified and posted within two (2) weeks after completion of all challenges in $16.8 above. Promotional lists shall expire eighteen (18) months after the certification end posting of the results of the promotional examination. Section 16.10. In the event of same day promotions, seniority rank in the new position shall be detennined, in the order of standing on the promotional list. If there is a fie in the final scores that places more than one examrace in the same FOP - 39 position on the promotional list, these exammee's tanking order on the promotional list shall be determined in the order of the exammee's seniority in the rank that they presenfiy hold (i.e., a tie score between two (2) sergeants will be detennined by awarding the highest ranldng to the examinee with the most seniosity 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 seniosity as an officer, etc.). FOP - 40 ARTICLE 17 F.O.P. PRESIDENT ~ The Miami Beach Fraternal Order of Police, Lodge No. 8, Lodge President shall be released and detached from full time duties as a police officer while serving as Lodge President and shall be carried full-time in a pay status to be shown on the payroll as "D.D." (Detached Duty). The following conditions shall apply: For the purpose of recording time, the Lodge President will notify the Support Services Division Commander of all absences, including vacations, sick leave, meeung attendances, out of town trips, etc. T he Lodge President shall be requited to work a 40-hour workweek. The Lodge President will be available at the FOP office aLrrently located at, 999 11'~ Street, Miami Beach, Florida 33139, for consultation with the Police Department Management or the City Administrators between normal working hours. Should the Lodge President wish to change offices, (s)he will notify the Support Services Division Com- mander, 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. In the absence of the Lodge President, die Lodge President's designee may represent the Fraternal Order of Police. 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. 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. ~. The Management of the Miami Beach Police Department or the City Adminisrtation reserves the right to rescind the provisions of this Article in the event that it is found to be illegal Cancelhag the Article shall not preclude further discussions of any Lodge Presidents' release for Union business. FOP - 41 ARTICLE 19 ENTIRE AGREEMENT The parties acknowledge that du~ing 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 agseements arrived at by the parties after the exardse of that fight 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 Hotida Statutes, or as spedfically excepted by provisions of this Agreement, each voluntarily and unqualifiedly waives the tight, and each agrees that the other shall not be obligated to bargain colkclively with respect to any subject or matter referred to, or covered in tltis Agreement, or with respect to any subject or matter referred to, or with respect to any subject or matter not spedfically referred to, or covered in this Agreement, even though such subject or matters may not have been within the knowledge or contemphtion of either or beth of the parties at the time they negotiated or signed this Agreement. This Article shall not be construed to in any way limit or resuict the parties from negotiating, as provided in the Flotida Laws, or any succeeding ~ent to take effect upon the marion of this Agreement or any suc- ceeding term of this Agreement. FOP - 42 ARTICLE 20 TERM OF AGREEMENT This Agreement shall be effective as of the 1 st day of October, 2000and shall remain in full force and effect until the 30th day of September, 2003. It shall be automatically renewed from year to year thereafter unless fithe party shall notify the other in writing at least thirty (30) days prior to the anniversary date that it desLtes to modify this Agreement. In the event that such notice is given, negotiations shall begin promptly. FOP - 43 MIAMI BEACH FRATERNAL ORDER OF POLICE, LODGE NO. 8 By: E~p p~ ~ E IE RUDER SIDENT CITY OF MIAMI BEACH Approved by vote of the City Commission, July 18 ,2001. NEISEN O.~SDIN MAYOR AIT~ST: ROBERT PARCHER, CITY CLERK Date: MG: vpm a:\FOP-NEG00/FOP Final Contract vdthout Strikethtoughs.doc a:\FOP-NEG00/FOP Final Contract vAthour Strikethroughs.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION FOP - 44 FRATERNAL ORDER OF POLICE FOP LODGE NO. 8 ELECTION OF REMEDY FORM Gri~anceNo. I/We elect to utilize the Grievance Procedure contained in the current Contract between the City of Miami Beach, Horida, 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. __ 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: MG: vpm a~\FOP-NEG00-01/FOP Final Contract without Sttlkethroughs.doc FOP-45