Agreement with Police L� /D
AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, 'FLORIDA
.
and' .
MIAMI BEACH FRATERNAL- OF POLICE
WILLIAM NICHOLS LODGE NO*
Period Cowered
October 1, 200 through September '30, 2012'
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TABLE OF CONTENTS
RAGE NUMBER
AGREEMENT & PREAMBLE .................... 1
ARTICLE 1. RECOGNITION ............ t :......................................... ............................... 2
ARTICLE 2. DEDUCTION OF DUES ............................................... ............................... 3
Section2.1 . Check - off .......................................................... ............................... 3
Section 2.2. Legal Services Trust fund ......_ .............................. ............................... 4
Section 2.3. Indemnification ......................................................... ..............................4
ARTICLE 3. GRIEVANCE PROCEDURE ................... .. .......:........ 5
Section 3.1. Definition of Grievance and Time Limit for Filing .........................................
Section 3.2. Grievance Procedure ........................................... ............................... 5
Step1 ............................................................... ............................... 5
Step,, 2 ............................................................... ..................... ........... 5
Step3 ............................................................... .....................:......... 6
Section 3.3. Binding Arbitration ............................ ............... ............................... 6
Section 14. Authority of Arbitrator ......................................... ............................... 6
Section 3.5. Expenses of Arbitration ............................ ......... ...........:................... 6
Section 3.6. Processing Grievances ........................................ ............................... 7
Section 3.7. Election of Remedies . .......................................... ............................... 7
Section 3.8. Probationary Period ...................:........................ ............................... 7
Section 3.9. FOP Grievance Committee ................................... ..............:................ 7
Section 3.10. Waiver of Time Limitations or Steps ...................... ............................... 7
ARTICLE 4. NO STRIKE AND NO LOCKOUT 8
Section 4.1. No Strike .................... $
Section4.2. No Lockout ....................................................... ............................... 8
ARTICLE 5. MANAGEMENT RIGHTS ............................................ ............................... 9
ARTICLE 6. POLICE EQUIPMENT .................................................... ........................... 10
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N um b er
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ARTICLE �� HOURS* OF AND OVERTIME ......-----.,^-._----..'-_ l l
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Section l
n . Purpose -----^.--------'._____.^_..-_..__.__.
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3ech� 7.2 . Normal o\ \A�' _-'--.---...---..'-_^.-.-'.-...`,.-_.-..-
Sect 7-3. Four-Day Workweek -..----..---_--..---..,`.--.--.-_`l l
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S ection 7.4�� {�ver�me---..-.-^-.----.�__-___,_______^_ '
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Section 7.�' Distribution o{ {�v�r6m�� Opportunity --._,_~`^..__.�_.__...^__^.. _
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Section 7.6. No � miding.--._----_,^.___...___.___...''_______.
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�J�U� ��8�|K�� ���{��U�S ` l 3
' ARTICLE �^ ������� --^--.-'-'_--'''-'_'-'''-'''--''
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Section 8'l . \�\zqeo .-...-.-,..........._,...-.^.....�......`'..,^,^.-_._'.`.._....-_. '
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Section 8.2. Police Vehicle Poli '--.--------..`----'___..._._.-._
Section 83 Compensation P\ --_____.._'` . _'.._._.___.`_'___._.,, 15
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Section 8.4. / an � Lon `ih/|noreose» -._-_--..._ ,---..'-.-___....--' T� �
on 8.5. Shift Di��ren�o].`_-_----,-'.'---^-'^-_-,-.-------- 16
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Sechon��8.b'.H��d«v�--.---_+-`---..�`--_.-_--._`_- '
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8.7 Vacation Benefits ..........................................
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Section 8.8. Sick and Vacation Leave Accrual ond Poymen� on� Termino�on . ...'.... . '_ l7
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Section B.9.` Bereavement -_-__------_._--_--__.-__-______
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Section 8.lD. Court Time Compensation . -.-..-,�^'.'^_..'.�-.'',_--'''''''-''''''''
� �"��| � p ' lq
Section 8. | i LJu._ _osm oznon� py-........-.....�.'..-�,.--..........'........^..._ '
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Section 8.12. Shzhdbv�oy ..�..--_..-.'_..-.,-.._-__.^.--...-_. '
Section 8.13. Call-in Pay ............ ............ .................. ............. ........ lq
8.l4. Sunglasses and Prescription Glosses _._�,_��-^-...—�__.-..
Fk*� Training {�{� ' ' 2O '
Section 8.l�. Fk* ning Officer --.--...----_---__-._-.--__._.
Secti ' | ' ry'3emira Connected ' -,-.--^'--_..- .''-_-,`._.^-._-.. -... 20
8 .16.
�eSection 8.17. Special Assignment Allowance Allowance ................... .............. .......... '........... _� 2l
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Section 8.18. Extra VVeopon_----_-_-'.-~'_^,_-..`+,~_.--_-_---
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Section 8.lq. {Juo}i�y of ---�--------. ....................................................
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Sac�on 8.2O Forced Holdover -'...------__--_---_. .. '
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�S ecton 8.21. Pension and DROP .---- ....................
Section B.22. Premium. Pay 3upplamenL�_------.`_-`._-`-'_--.`--__
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Section 8.23. 8^vbnrk of Probationary Time -----.-.-.---._^-------.'
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Sect 8.24. "Me Too" with the LAFF _. ........
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Section 8.25. []STC Police Instructor Incentive Pay �-'.--.,^--_.....-.^..--
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TABLE OF CONTENTS, continued
Page Number
ARTICLE 9. F.O.P. HEALTH TRUST ....... ............................... ..... ............................... 29
Section9.1 ........................................................................... ............................... 29
Section9. 2 ......................................................................... ............................... 31
Section9. 3 ........................................................................... ............................... 32
Section9. 4 ............................................................ ............................... ............ 32
Section9. 5 ........................................................................... ............................... 32
Section9. 6 ........................................................................... ............................... 32
Section9.7 . ............................................................. ............................... ........... 33
Section9.8 . ........................................................................... ............................... 33
Section9.9 . ................................... ............................... .................... .....33
ARTICLE 10. EDUCATIONAL LEAVE AND TUITION REFUND ....... ................................ 34
ARTICLE 11. GENERAL PROVISIONS ................... ............................... ...................... 35
Section 1 1 .1 . Safety and Health ................. ............................... ... ................35
Section 1 1 .2. FOP Activity and Non- Discrimination ................... ............................... 35
Section 1 1 .3. Reduction In Work Force ................................. ............................... 35
Section 11.4. Uniforms and Clothing Allowance ......... ............................... ......... 35
Section 1 1 .5. Disclosure of Records ................... ............................... ................. 36
Section11 Transfers ......................................... ............................... ......... 36
Section 1 1 .7. Meeting Between Parties ...................... 36
Section 1 1 .8. Negotiating Sessions ......................................... ..............I...:............ 37
Section 1 1 .9. Job Descriptions ............................................... ............................... 37
Section 1 1.10. Defense of Members ....................................... ............................... 37
Section 1 1.1 I. Personnel Rules and Departmental Manual ........ ............................... 37
Section 1 1 .12. Incorporation of Personnel Rules ...................................................... 37
Section 1 1 .13. Medical Leave of Absence ..... ..................... ............................... 37
ARTICLE 12. SEPARABILITY ................ ........... ............................... 38
ARTICLE13. TIME BANK .............................................................. ............................... 39
ARTICLE 14. DRUG TESTING ...... ........... ..................... .............. ............ ....... 41
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TABLE OF CONTENTS, 'continued
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ARTICLE 15. HEART DISEASE PRESUMPTION ........................... ... 42
ARTICLE16. PROMOTIONS .......................................... .................. ............................ . 43
Section 16.1 ............ ............................ ........................ .... ........ -- ....43
Section16:2 . ........................ ...... ................. :......... .......... ..............43
r Section 16.3 . ........ .......... ...... ...... ..................... ... 43
Section16.4. ......................... .....: ........................... ........... 44
Section. 16.5. Seniority Points,... ............... ..... ... .............. .............:.. 44
ry Section 16.6. Book Committee ........... " ........................ ......... ................... ,. 44 .
Section 16.7. .Written Test Scoring . .....:. .............:..... 44
Section 16.8. Assessment Center or Behavioral Assessment Component Challenges ....;45
Section16. ........... .... ......... ......... .. . .. ... ........... :. .....45
Section 16.10 . .............. ..................... .......: ....... ............................45
/.ARTICLE 17. F.O.P. PRESIDENT .... ...................... ..... .............. ................. ..... 46
Section 17.1. :.. .......... .......... .....:. 46
Section 17.2 . ... . :..... :.......................... .......... ..... .......:......46'
Section 17.3. ... .. . ........ 47
ARTICLE18. REOPENER .................................. ............................... ............. ....... 48
ARTICLE 19. ENTIRE AGREEMENT .... " ....... ......... 49
ARTICLE 20. TERM OF AGREEMENT ...* .......... ............ :.......... .. ..... .................. 50
'ELECTION OF REMEDY FORM :............... ........................... .... ...... ........... 51
HEARING EXAMINER RULES ................. ,....................................... :.................... .......52
APPENDIX A —'COMPENSATION PLAN ............. ..................... ................ 54
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AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2010, by and
between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City "), and the MIAMI BEACH
FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 (herein called the "FOP ").
PREAMBLE
WHEREAS, the FOP has been selected as the sole and exclusive bargaining representative by
a majority of employees in the certified bargaining unit set forth in Article 1, and has been recognized
by the City pursuant to the laws of the State of Florida as the sole and exclusive bargaining
representative for said employees; and
WHEREAS, it is the intention of the parties to this Agreement to provide in manner which is
binding and superior to ordinances and personnel rules of the City, for a salary schedule, fringe
benefits, and conditions of employment of the employees covered by this Agreement, and to provide
for the continued and efficient operation of the City's Police Department: and to provide for an orderly
and prompt method of handling and processing grievances; and
WHEREAS, the FOP and the City agree to seek and maintain high standards for the operation
of the Police Department;
NOW, THEREFORE, the parties agree as follows:
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ARTICLE .1
RECOGNITION!
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The City recognizes the FOP as the sole and exclusive bargaining representative for the purpose of
wages, hours, -and other terms and conditions of employment for employees, in the following .
classifications in the Police Department (hereafter "employees ")
Trainees
Police Officers
Sergeants
Lieutenants
Detention Officers
All other employees in other existing classifications are specially excluded.
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ARTICLE 2
DEDUCTION OF DUES
Section 2.1 Check -off Upon receipt of a lawfully executed written authorization from an
employee which is presented to the City by an official designated by the FOP in writing, the City
agrees during the term of this Agreement to deduct biweekly FOP dues of such employees from their
pay and remit such deductions to the FOP Treasurer within fourteen (14) calendar days however, such
authorization is revocable at the employee's will upon thirty (30) days' written notice to the City and
the FOP. The City shall deduct the dues from the FOP members who have authorized such a deduction
in the following manner: Each member's bi- weekly wages shall be reduced by the amount equal to
one and one half percent (1.5 %) of the annual minimum of the pay range of the Police Officer
Classification, divided by twenty -six (26) pay periods.
For example:
The current annual minimum for the Police Officer Classification is $51 1 756.36.
$56,756.36 x .015= $776.34 / 26 = $29.86
$29.86 shall be deducted bi- weekly from the member's paycheck.
The FOP shall be responsible for advising the City of any change in the percentage of dues calculation
in writing. The City shall revise the calculation for each authorized deduction whenever a change to
the annual minimum of the pay range of the Police Officer Classification is made, or whenever so
notified in writing by the FOP of a change in the percentage. '
The City agrees to use diligence in making prompt delivery of monies owed to the FOP. The charge
for dues deductions shall be calculated by multiplying one average run of check -offs by four (4) and
multiplying the product by seven cents ($0:07). The City shall notify the FOP of the amount owed no
later than September 1 of each year. The FOP shall make payment to the City no later than
September 30 of each year. The FOP will notify the City in writing of the exact amount of such
uniform membership dues to be deducted. The FOP will notify the City thirty (30) days prior to any
change in its dues structure or if there are additions or deletions to the established check -off list.
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Section 2.2 Legal Services Trust Fund If the FOP establishes a Legal Services. Trust Fund,
upon receipt of a lawfully executed - written authorization from an employee which is presented to the
City by an official designated by the FOP in writing, the City agrees during the term of this Agreement
to take biweekly deductions from such employees from their pay and remit such 'deductions to the
Trustee within fourteen (14) calendar days; however, such authorization is revocable -at the
employee's will upon thirty (30) days' written notice to the, City and the FOP.. There will be no charge
to the FOP for Legal Services Trust Fund deductions:
The FOP will notify the City in writing of the exact amount of such uniform Legal Services.Trust Fund
deductions. The FOP.will notify the City - thirty -(30) clays prior to any change in the deduction structure
or if there. are additions or deletions to the. established Legal Services Trust Fund deduction structure.
Section 2.3 " Indemnification . The FOP agrees to indemnify and to hold the City harmless.
against "any and all claims, suits, orders, or judgments brought or issued against the City as a result of
any action taken or not taken by the City under the provisions of this Article; provided, that the : City
will not be indemnified or held harmless for any intentional tort. This indemnification is not intended to
cover claims made by, or on behalf of the FOP:`
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ARTICLE 3
GRIEVANCE PROCEDURE
Section 3.1 Definition of Grievance and Time Limit for Filina A grievance is a dispute
involving the interpretation or application of the express terms of this Agreement, excluding matters not
covered by this Agreement; or where Personnel Board rules and regulations are involved' provided
that disciplinary actions, including discharges, may be grieved under this Article, as provided herein.
See Section 3.7 (Election of Remedies) for procedures to be utilized in particular circumstances. No
grievance shall be entertained or processed unless it is submitted within twenty (20) workdays
(excluding Saturday, Sunday, or holidays recognized by the City) after the occurrence of the first event
giving rise to the grievance or within twenty (20) workdays after the employee, through the use of
reasonable diligence, should have obtained knowledge of the occurrence of the first event giving rise
to the grievance.
Section 3.2 Grievance Procedure The FOP shall have the right to initiate and process
grievances on its own behalf or on behalf of named members of the bargaining unit. However, the
FOP shall have the right in its sole discretion not to process grievances on behalf of bargaining unit
members who are not members of the FOP, provided it notifies said employee of its decision not to
proceed. Grievances shall be processed, individually, as follows:
Step 1: The grievance shall be presented, in writing on the Grievance Form supplied by
the City, to the employee's unit or division commander or a designated representative,
who shall answer within five (5) workdays after such receipt. The employee will also
provide the FOP with a copy of said grievance.
Step 2: If the grievance is brought by the FOP on its own behalf, or if the grievance is
brought on behalf of an individual(s) and is not settled in Step 1 and an appeal is desired,
it shall be referred in writing to the Chief of Police (Chief) or his designee. The Election of
Remedy Form shall be completed and signed by the FOP and /or the grievant, and
attached to the Step 2 grievance. The Chief shall discuss the grievance within ten (10)
workdays with the employee and the FOP grievance committee at a time designated by
the Chief. If no settlement is reached, the Chief shall give the City's written answer to the
employee and the FOP grievance committee' within five (5) workdays following their
meeting.
Step 3: If the grievance is not settled in Step 2 and both the employee and FOP
grievance committee desire to appeal, or if it is a class grievance filed by the FOP and at
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least one employee of the named class and FOP grievance committ ee.desire to appeal, it
shall be appealed in writing to the City Manager or his designee for Labor Relations
within fifteen (15) workdays after the City's answer in Ste 2.. A meetin between the Ci
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Manager or his designee, the employee,'and the grievance committee shall be held
at the time designated by the City Manager within fifteen (.l 5) workdays. If no settlement'
is reached, the City Manager shall. give City's written answer,to the employee and the FOP
grievance committee within fifteen (15) workdays following the meeting.
Section 3.3 Binding Arbitration If the grievance is not resolved in Step 3 of•the grievance
procedure, the FOP grievance committee, with the concurrence of the employee who filed the
grievance, or if it is a class grievance filed by the FOP, with the concurrence of at iea,st one employee
of the named class, or if it is a grievance filed by the FOP -on its own behalf, may refer the grievance
to binding arbitration within fifteen (15) workdays after receipt of the City's answer ip Step 3. The
. parties shall attempt to agree upon an arbitrator within fifteen (15) workdays after receipt of notice of
referral and iii the event the parties are. unable to agree- upon an arbitrator, within said fifteen (15)
workdays, the parties shall jointly request the Federal Mediation and Conciliation Service to submit a
panel of five (5) arbitrators. Both the C ity and the FOP. shall have the right to strike two names. The
name remaining after the City strikes shall be.t.he arbitrator. The arbitrator, shall be notified of his
selection within (5) workdays by a joint letter from the City and the FOP requesting that he advise
the parties of his availability for a hearing. The parties-may select a permanent arbitrator in lieu of
the selection procedure set forth in this section.
Section 3.4
Authority of Arbitrator The arbitrator shall have no right to ;amend, modify,
ignore, add to, or subtract-from the provisions of this Agreement. He shall consider and decide only
the specific issue . submitted to him in writing. by the City and' the FOP, and shall have no authority to
make a. decision on any other issue not -so submitted to him. The arbitrator shall submit in writing his
decision within thirty (3.0) days following the close of the hearing or the submission of briefs by the
p arties, whichever is later, provided that the artier ma mutuall a ee in writing to extend said
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limitation.
i interpretation of the meaning or application of the express
The decision steal{ be based so lely upon h
terms of this Agreement to the facts of the - grievance presented: If the arbitrator acts accordance
with this Section, the decision of the arbitrator shall be final and binding.
Section'3.5 Expenses of Arbitration The fee and.expenses of the arbitrator and the cost of a
written transcript shall be divided. equally.between the City and the FOP; provided, however, each.
party shall be responsible fo - r compensating its own representatives or witnesses.
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Section 3.6 .. Processing Grievances All grievance discussions and investigations shall take
place in a manner which does not interfere with the operation of the Police Department. Any time
spent by the Grievance Committee of the FOP in discussions or processing grievances at Step 1, 2, or
3 during their working hours shall not result in a loss of earnings or benefits.
Section 3.7. Election of Remedies. Disciplinary actions may be grieved (1) under the
grievance /arbitration provisions contained in this Article or (2) to a Hearing Examiner, who shall be
selected by utilizing the procedures outlined in Section 3.3 of this Article. A grievance involving the
interpretation or application of.this Agreement may be grieved solely under the grievance /arbitration
provisions contained in this Article. Grievances regarding certain non - disciplinary matters, such as
disagreements as to the waiving or application of changes to personnel rules or other work rules or
policies may be filed via the Personnel Board procedures.
The decision of the hearing officer shall be final & binding. The cost of a. Hearing Examiner shall be
borne by the City. Any proceedings before the Hearing Examiner shall. be conducted pursuant to the
attached Hearing Examiner Rules.
Section 3.8 Probationary Peri Nothing herein shall in any way affect the discretion
presently accorded the Chief of Police with respect to employees in their probationary period
following hire or in their probationary period following promotion. It is specifically understood by the
parties that the exercise of the Police Chief's discretion in this regard shall not in any way be subject to
the grievance procedure set forth herein.
Section 3.9 FOP Grievance Committee The FOP shall appoint a Grievance Committee of not
more than three (3) members, and shall notify in writing the Police Chief and the City Manager's
designee for Labor Relations of the name or names of-the employee or employees serving on this
committee'and of any changes in the numbers of this committee. The members of this committee may
not conduct any investigation while on duty without receiving the permission of the Police Chief, or in
his absence, the duly authorized representative acting in his behalf; however, such permission shall
not be unreasonably withheld. Department clerical personnel will not be used by the grievance
committee in grievance matters. The grievance ,committee- shall not unreasonably use � other
departmental resources for the purpose of conducting grievance related work.
Section 3.10 waiver of Time Limitations or Steps The parties may mutually agree in
writing to extend any of the time limitations set forth above for the processing of grievances and may
also waive any of the intermediate steps of the grievance procedure in writing.
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ARTICLE 4
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- .NQ STRIKE AND NO LOCKOUT
Section'4.1 No Strike The parties hereby recognize the provisions of Chapter 447, Florida
Statutes, which define strikes, prohibit strikes, and establish penalties ,in the case of a strike, and
incorporate those statutory provisions herein by reference.
Section 4.2 No Lockout The City will not lockout any "employees during the term of this
Agreement as a result of a labor dispute with the FOP.
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ARTICLE 5
MANAGEMENT RIGHTS
It is recognized that except as stated herein, the City shall retain all rights and / authority necessary for
it to operate and direct the affairs of the City and the Police Department in all of its various aspects,
including, but not limited to, the right to direct. the work force; to plan, direct, and control all the
operations and services of the Police Department; to determine the methods, means, organizations,
and personnel by which such operations and services are to be conducted; to assign and transfer
employees; to schedule the working hours; to hire and promote; to demote,, suspend, discipline or
discharge for just cause, or relieve employees due to lack of work or for other legitimate reasons; to
make and enforce reasonable rules and regulations; to change or eliminate existing methods,
equipment, or facilities; provided, however, that the exercise of any of the above rights shall not
conflict with any of the expressed written provisions of this Agreement and that a grievance may be
filed alleging such a conflict.
The City shall not employ more than thirty - eight (38) Reserve Police Officers. No Reserve Police
Officers will be authorized to perform off -duty work as a police officer, unless reasonable efforts to fill
an off duty job with- bargaining unit members fails. Reserve Officers shall be compensated one dollar
($1 .00) per fiscal year.
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ARTICLE
POLICE: EQUIPMENT
The City agrees. to continue the current policy of issuing equipment which :includes shirts, pants,
,footwear, leather, department issued weapons, ammunition, handcuffs, expandable batons, Fight and
heavy jackets, rain gear and traffic templates. Additionally, the Cit will y supply an initial issue whistle
-to all patrol officers. Replacement of whistles shall be at the officer's expense._ To the extent that a
flashlight is a .required article of equipment, the City shall provide it. The City w "ill reimburse
employees for the cost of replacement of protective vests up to a maximum of $550.00, when needed.
However, effective upon ratification of this Agreement, as long as the'City is a recipient of the US.
Department of Justice Bulletproof Vest Partnership (BVP) Grant, the City will' reimburse employees for
the cost of replacement of protective vests up to a maximum of $750.00, when needed. If the City is
no longer a recipient of the. BVP Grant, then the reimbursement rate shall revert back to the $550.00
amount. .
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Necessary ammunition will be issued to each employee .every twelve (12). months to guarantee
reliability of the ammunition.
Retiree Service Weapon
A bargaining unit member who retires in good standing from the City shall receive his /her service
firearm upon retirement provided that the .member does not retire in Lieu. of termination. The Police
Chief Jor designee) shall have the right to deny this benefit for any justifiable reason to be ap.proved' in
conjunctions with the Human Resources Director (or designee).
All bargaining unit members who retire due to in- service connected - injuries /disabi.lities regardless of
creditable years of service with the City's. Police Department shall be eligible to receive their service
firearm.
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ARTICLE 7
HOURS OF WORK AND OVERTIME
Section 7.1 Purpose This Article is intended to define the normal hours of work -and to provide
the basis for the calculation and payment of overtime. It shall not be construed as a' guarantee of
hours of work per day or per week, or of days of work per week.
Section 7.2 Normal Workweek The normal workweek shall consist of forty (40) hours per
week and such additional time (subject to .Section 7.4 and 7.5 below) as may from time to time be
required in the judgment of the City to serve the citizens of the City. The workweek shall begin with
the employee's first regular shift each week. Al hours scheduled in the normal workday will be
consecutive. An employee called in early in advance of his normal shift starting time will not be sent
home early on such day for the purpose of avoiding overtime unless such employee is in agreement
with the request to Leave early; provided, however, that except as limited by Section 7.3 below, the
City shall retain its right to establish and modify normal work schedules.
Section 7.3 Four ®®y Workweek The City shall extend the present policy of a four (4) day
workweek to all employees in the bargaining unit except employees on light duty because of injuries
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or illness which are not service connected. Employees who suffered a service connected injury or
illness and who are permitted to work light duty may work up to thirty -two (32) weeks, measured
non consecutively from the date of injury on light duty on a 4-10 schedule, onto receive 1SC payments
for thirty -two (32) weeks, or a combination of both. Thereafter, the officer may be assigned to work a
5 -8's shift in a light duty assignment during the pendency of his /her light duty. Positions occupied by
employees who are permitted to elect either a 4 -10 or a 5 - work schedule shall continue on that
basis. Detention Officers will continue to work a 5 -8 work schedule.
Section 7.4 Weekly Overtime For all hours worked in excess of forty (40) hours during an
employee's workweek, the City will pay the employee one and one -half (1 -1 /2) times the employee's
straight time hourly rate of pay. The current practice for calculating hours worked will remain in effect.
Section 7.5 Distribution of Overtime Opportunity
A. Overtime is recognized as being. of three (3) general types within the Police
Department:
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1. Ccire7g-over Overtime - Overtime for work carried over from an employee's
regular duty assignment (e.g., uniform officer on arrest; detectives' on -going
investigations): "Car Overtime" 'shall not be subject to equal
distribution rules.
2. Staffing Overtime Overtime due to staffing needs. Staffing Overtime shall
be distributed on a rotating basis, as equally as .practicably possible, among
employees in `the particular work unit who are. qualified` to perform the
particular overtime work, by departmental seniority.
Employees who are not in the particular work unit or division will not be
assigned to Staffing Overtime unless reasonable attempts to assign employees
from within the work unit or division have failed.
3. Special Event. Overtime Overtime for planned, events or assignments.
Special Event Overtime shall be distributed on a rotating 'basis, as. equally as
practicably possible, among all sworn employees in the Department who are
qualified to perform the particular overtime work, by departmental seniority.
B. Records for Staffing Overtime will be maintained at the Platoon or work section level.
Records for Special Event Overtime will : maintained` at the Department level.
C. Pay for overtime work will be paid no later than two .(2): full pay periods following the
pay period in which the overtime /court attendance slip is submitted and approved by
the employee's supervisor.
Section 706 No" Pyramiding Compensation shall not be paid:more . than once for the same
hours with the exception of the assignment of "guaranteed minimum hours' provided-for in Section
8.3, entitled Call in Pay; Section 8. 10, entitled Court Time- Compensation; Off -Duty Assignments
as outlined in the Department's: Standard Operation Procedures (SDP's); or any other guaranteed
minimum hours that are established during the term of this Agreement.
FOP 12
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ARTICLE 8
WAGES AND FRINGE BENEFITS
Section 8.1 Wages
a) Effective with the first pay period ending in October of 2009, there shall be no across -the-
board wage increase.
b) Effective with the first pay period ending in October of 2010, there shall be no across -the-
board wage increase.
c) Effective with the first pay period ending in October of 2011, there shall be no across -the-
board wage increase. Effective with the first full pay period in April 2012, there shall be an
. across- the -board wage increase of three percent (3 %).
Section 8.2. - Police Yehicle Poky. In an effort to reduce the long -term costs to the City in
maintenance, repairs and liability, a take -home vehicle program will continue on a phased -in process
to the extent that funds are available in compliance with State and Federal law from the Police
Confiscated Fund.
Purchase Orders for the purchase of the vehicles for the take -home program shall be issued within 60
days after the receipt of the State of Florida- contracted bid prices (estimated in January of each year).
Bargaining unit members who are participants in the Take -Home Vehicle Program as of
October 1, 1997, shall continue in the. Take -Home Vehicle Program as prescribed by the City
Commission approved Policy and the Department S.O.P. Thereafter, priority for allocation of take -
home cars shall be given to all eligible personnel by Departmental seniority.
To defray the operating expense incurred by the City as a result of the non - official use of take -home
vehicles, employees shall be assessed a user fee for each biweekly period in which they have a car
assigned to them. The fee shall be based on the location of their primary residence as shown below:
i
LOCATION 81- WEEKLY FEE
Miami Beach -0-
Dade County (other than Miami Beach) $25.00
Broward County $30.00
Palm Beach County (as limited below) $45.00 or $75.00
F
FOP — 13
Effective with the pay period upon ratification of this Agreement, employees will contribute an
additional seven dollars ($7.00) take -home vehicle user fee.for an eighteen (18) month rolling period.
The additional seven ($7.00) contribution will be added to'the take-home vehicle user fee amounts
prescribed above. Upon the completion of the eighteen (18) month rolling period, the take -home user
fee will revert back to the take -home vehicle user fee that'is based on the location of the employee's _
primary residence as pi for above.
The vehicle program .shall be available to any sworn officer who was hired before July 18,
2001. [the, ratification date of 2000 -2003 ..Agreement] who resides in Miami -Dade or Broward
County. Except as stated in this section, the take -home vehicle program shall not be available to any
sworn., officer who is hired on or after July. 18, 2001 [the ratification date of the 2000 -2003
Agreement] (except police applicants in'the background process) and resides outside of Miami -Dade
County but is available to a sworn officer who is living outside Miami -Dade County and moves back
to Miami -Dade County.
As of July 2010, there are one hundred ten (1 10) cars allocated in the take home vehicle program for
Broward County. Going forward, a number of vehicles to be determined (but no Less than one
hundred ten (1 10) vehicles) by the mutual agreement of the Police Chief and the FOP will be allocated
for Broward County.
The. four (4) police officers currently residing in Palm Beach County will be allowed to retain their take
home cars and will continue.to pay at their current rates (i.e., the .$45.00 or $75.00 that applied to
each of them respectively per the terms of the 2003 -2006 Agreement) for their.vehicl'es. When each
one of these four (4) employees separate from City employment, the number of. Palm Beach cars will
be reduced as each-employee leaves. Whenever one (1) of the, four (4) Palm Beach County cars are.
eliminated, the number of Broward County take home cars will be increased by that same number.
However, effective with the pay period upon ratification of this Agreement, these employees will
contribute an additional seven dollars ($7.00) take -home vehicle user fee for an eighteen (18) month
rolling period. The additional: seven ($7.00) , contribution will be added to the take -home vehicle user
fee amounts prescribed above. Upon the completion of the"'eighteen (18) month rolling p.eriod,'the
take -home user fee will revert back to the take -home vehicle user fee that is based on the location of
the employee's primary residence as provided for above..
Employees may not park their cars in a location so as to circumvent the restrictions outlined in this
section:
FOP — 14
Section 8.3. Compensation Plan.
Al Entry Level Pa - Hired on or after October 1 1997
Ij Police Officer
a) Non- Certified Hire - A newly hired, non - certified Police Officer will be placed
in the Police Officer Trainee Step-1 rate of pay while attending the Police
Academy and until he /she receives notification of passing the State
Certification examination. The pay period following the notification of passing
the State Certification examination the bargaining unit employee will be
placed in Police Officer Trainee Step 2 rate of pay for the duration of his /her
first year of service. Upon completing his /her first year of service, in
accordance with Section 5 below, the bargaining unit employee shall be
placed in Step A.
b) Non - Florida Certified Hire Academy Required - A newly hired, Non- Florida
certified Police Officer who is required to attend the Police Academy will be
placed in the Police Officer Trainee Step 2 rate of pay while attending the
Academy and until he /she receives notification of passing the State
Certification examination. The pay period following the notification of passing
the State Certification' examination, the bargaining unit employee will be
placed in Police Officer Trainee Step 3 rate of pay for the duration of his /her
first year of. service. Upon completing his /her first year of service, in
accordance with Section 5 below, the bargaining unit employee shall be
placed in Step A.
C) Certified Hire with less than one (1) year of experience - A newly hired Police
Officer with less than one (1) year of experience who is not required to attend
the Police Academy shall be placed in the Police Officer Trainee Step 3 rate of
pay for his /her first six (6) months of service and Step A for the duration of
his /her first year of service.
d) Certified Hire with or greater than one (1) year but less than.three (3) years of
experience - A newly hired Police Officer with or greater than one (1) year but
less than three (3) years of experience shall be placed in Step A for the
duration of his /her first year of service.
FOP- -.15
e) Certified Hire with or greater than three (3) years of -experience A newly
hired Police Officer with or greater than three (3) years of experience shall be ,.
placed in Step B for the duration of his /her first year of service.
Detention Officer
A newly hired Detention Officer will be placed in Step A of the pay scale for the
duration of'his /her first year of, service.
State. Certification Re- examination - In the event a newly hired Police Officer who is
required to take the State Certification examination fails to pass said examination, he /she
shall be placed on a leave of absence without pay until such time as he /she passes the State
Certification examination. Said bargaining unit employee shall sign up for the - next scheduled
examination in the State of Florida and take the examination at his /her expense. In the event
the bargaining unit employee fails the re- examination, his /her employment with the City shall
terminate.
Section 8.4. Stems and Longevity Increases All step and longevity increases shall become
effective on the payroll period commencing nearest the employee's anniversary date, as per current
practice. A step increase shall be awarded .based upon the employee receiving a satisfactory
.evaluation during that rating period, as per current practice.
t
Section 8.5 Shift Differential At'the time this Agreement was executed, the City maintained
three standard shifts of work to-wit: a first shift starting approximately 1 1 :00 p.m.; a second shift (also.'
called "Day Shift ") starting approximately 7:00 a.m.; and a third shift (also called- "Afternoon Shift ")
starting approximately 3:00 p.m. For all work by the third "shift performed after 3 :00 p.m., effective`
October 1,. 2006, the er shift differential. pay of forty -five cents ($.45) per hour shall be increased to
seventy -five cents ($75) per hour, which shall be added to the employee's hourly rate; and effective
October` 1, 2006, for all work by the first shift performed after 1 1:00 p.m., the shift differential pay of,
seventy -five cents ($75) per hour shall be increased to one dollar ($1.00) per hour, which shall be
added to the employee's hourly rate. If the City rearranges the shift scheduling or establishes any new
shift, shift differential pay shall follow the above formula based on the-time period in which a majority
t of hours are worked by the employee. Thus, if a majority of the non- standard shift hours are after
3:00 p.m., all the shift differential pay for all post 3:00 p.m. hours, effective October 1, 2006, shall
be changed to seventy -five cents ($75) per hour. If a majority of the non - standard hours are after
11 :00 p.m., all the shift differential pay for all post 11 :00 p.m: hours, effective October 1, 2006 shall
be changed to one dollar'($1.00) per hour.
FOP 16
. J
Section 8.6 Holidays Consistent with the City Commission holiday resolution and current
department practices, the holiday benefits presently enjoyed by the employees covered by this
Agreement shall continue. Employees shall be paid double time for all hours worked on a holiday.
Employees whose' day off falls on a holiday shall be given another day off if they work on that
holiday.
The following holidays shall be recognized as. follows:
Holidays Recognized Date
New Years Day January 1 ,
Independence Day July 4
Veterans Day November 1 1
Christmas Day December 25
Section 8.7 Vacation Benefits Consistent with applicable ordinances, the vacation benefits
presently enjoyed by the employees covered by this Agreement shall continue.
In the event an employee is not allowed to take a vacation because of scheduling by the City, he will,
at the option of the City, either be.paid in lieu of vacation time not used, or be allowed to accumulate
into the next calendar year pursuant to existing rules governing accumulation. However, in no event
shall an employee be penalized by losing accumulated vacation time because he was unable to use it
because of departmental needs. This Section shall not apply to sick leave accumulation.
Section 8.8 Sick and Vacation Leave Accrual and Payment on Termination All
employees covered by this Agreement shall, under applicable ordinances, rules, and regulations, be
allowed to accrue no more than 500 hours on an annual. basis, and, except in accordance with
provisions for postponement of vacation leave as set forth in Article .8, Section 7, of this Agreement;
be permitted to transfer sick. leave in excess of 360 hours to vacation leave at the rate of two days'
sick leave to one day vacation leave to be used in the pay period year when transferred; be permitted
a maximum payment at time of termination, death, or retirement of, no more than 620 hours vacation
leave and one half ('/2) of sick leave to a maximum of 600 hours.
1. All members covered under this Agreement shall be entitled to a termination payout of one -half
('/2)' of his /her accrued sick leave up to a maximum payout of 600 hours.
2. An annual sick leave sell back .program (payable on a dollar for dollar basis) will be
established and implemented as stated in this section. The annual sick leave "sell back
FOP — 17.
4
period" shall cover each of the following fiscal years: October .l , 2005 through September
30, 2006; October 1, 2006 through September 30, 2007; October 1, 2007 through
September 30, 2008; and October 1 2008 through September 30, 2009, The payments for
each annual sick leave sell back- period will be made in the last pay period in November after
the close of the applicable sell back period. The sick leave sell back program shall terminate
at the end of the fourth annual sell -back period in 2009 (i.e., after the last payment in
November of 2009). The sick leave sell-back program will allow a qualified employee to sell
back up to a maximum of 50 hours of sick leave at the :end of each sell back period (i.e., the
sell back date" shall be September 3.0 of, each fiscal year. sell back period). However, the
Maximum number of sick leave hours that may be sold-back on each sell back date shall be
reduced by one hour for each hour of sick leave the employee used, during the applicable
annual sell back period (e.g:, if on employee uses 10 hours •of sick time he is only eligible to
sell back forty (40), hours). In order to qualify for the sick -leave sell back program; t he
employee must: (1) have been employed by the City throughout the entire sick leave sell back
period being measured (i.e., the hire date must be more than 12 months before the applicable
sell back date), and (2) the employee must maintain at, least 360 hours - of combined
accumulated accrual of sick and vacation leave after each' sell back date (i.e., the sick leave
hours sold back as part of this program cannot drop the employee below the combined total
of 360 hours of accrued sick and vacation leave).
However, this program shall not be in place for the term of this Agreement (October 1, 2009 through
September 30, 2012).
Section '8.9 Bereavement When 'there is a. death in the immediate family (mother, father,
grandparents, grandchildren, current spouse's parents,. brother, sister, current spouse, children or
stepchildren or domestic partner, as defined in the•Domestic Partner Leave Ordinance of an employee),
he or she.shall be allowed two (2) days off (or four (4)•scheduled work days off per death if the
funeral is held outside-the State of Florida) for each death for: the purpose of .making arrangements
and /or attending the funeral, without loss of pay and without charge to accrued sick leave or vacation
days of said employee. In such circumstances, additional time off maybe granted at the discretion of
the Chief of the Police Department, and shall be chargeable to the accrued sick or vacation leave of
such employee. Requests for additional time off shall be submitted in writing to the Chief.
Section 8.10. Court Time Compensation. for attendance at court during off -duty hours for
purposes related to employment with the City, employees shall be provided,with.time and one -half pay
for such time spent at court with the following minimum hourly guarantees:
FOP 18'
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(a) During an employee's off -duty hours, a minimum of four (4) hours per day shall be
guaranteed. However, if the employee's first court appearance begins within one (1)
hour of the start of his /her shift or ends within one (1) hour after the end of his /her
shift, a minimum of two (2) hours per day shall be guaranteed.
(b) For the employee's second off -duty appearance in the same day, an additional two (2)
hour minimum shall apply after the expiration of four (4) hours (or two (2) hours if the
initial two (2) hour minimum was in effect).
(c) For the employee's third off -duty appearance in the same day, an additional one (1)
hour minimum shall apply after the expiration of six (6) hours (or four (4) hours if the
initial two (2) hour minimum was in effect).
(d) No Pyramiding. Compensation shall not be paid more than once for the same hours.
Secti ®n 8.11 Out-of-Classification Pay When an employee is assigned by the shift
commander to perform at the level of a higher rank, he shall be paid for the''duration of the
assignment at an hourly rate of pay of two dollars ($2.00) higher than his /her regular rate; provided
that this shall in no way constitute an obligation to assign an employee to a higher classification under
any circumstances and it is recognized that the City retains the right to determine when and for how
long an employee will be temporarily assigned to a higher classification.
Secti ®n 8.12 Standby Pay When an employee is placed on standby during off -duty hours by
order of the shift commander for the purpose of being available to return to duty to handle emergency
crowd control or natural disasters, he will be paid one -half `(1 /2) of his regular base` rate for all
standby time up to a maximum of eight (8) full -time hours in a twenty -four (24) hour period starting
with the time he is notified to stand by. Standby remuneration shall cease at the earlier of sixteen (16)
hours in a twenty -four (24) hour period or when the employee is notified by order of the shift
commander that the standby order is rescinded. Standby hours shall not be considered as hours
worked for purposes of overtime.
Secti ®n 8.13 _Call-in Pay An employee who.is called in to work outside of his normal regularly
scheduled shift 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..
FOP — 19
'l
Section 8.14. ' Sunglasses and Prescription Classes.- The City agrees to reimburse
employees for the purchase or repair-of sunglasses and prescription eyeglasses with a maximum
allowable reimbursement of sixty ($60.00) dollars per employee in a tw elve (1 2),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.
Sectiori 8.15. Field Training Officer. When an employee who has completed�the field training
officer program is assigned to on -duty training of a trainee`or new police o ff icer, the field training
officer will receive an additional $1.00 per hour for each hour(s) he is assigned to train. Effective the
first full pay period of October 2010, those officers assigned by the Chief of Police (or:his designee(s))
to a Field Training Officer assignment will receive an allowance of $1 14.94 cluring each pay period
that they are assigned to the Field Training Officer Program, in lieu of the current $1.00 /hour (as'
stated above).. The Chief of Police, or his designee, in his sole discretion, may
assign rs to Field
Training Officer (FTO) .assignment. .
Section 8.16. Iniury Service Connected. For two (2) sixteen (1 6) week periods, - the City
agrees to compensate any member of the bargaining unit with the difference between the weekly
disability workers' compensation benefit received for which the employee is entitled to receive, and his
or her regular rate of pay for any time lost from work due. to injuries sustained under the following
J
circumstances:
1) "While on duty and entitled to_ be paid by the City; 'or
2) While reasonably exercising police officer functions within the City l imits of Miami
Beach while off duty; or while working a departmentally sanctioned off -duty job; or
3) While exercising ;police officer functions when there is a physical danger to a person
- and the employee takes "reasonable. action offAuty in the-state of Florida or
4) When operating a City vehicle, being duly authorized to do so by the City; or while
on a reasonably direct travel route to or from work and „home in their private vehicle
while within the City limits.
5) In the circumstances clescribed above (subparagraphs 1 .through 4), the City agrees
that it is and will consider itself the employer and the employee the City's employee.
FOP 20
f
After the advice and comments of the Police Chief and the FOP President, the City Manager, at his
sole discretion, may extend. the above described I.S.C. payments beyond thirty- two.(32) weeks. This
decision is not subject to grievance or arbitration. The approvals for receipt of this compensation as
presently required shall be continued.
Section 8.17 Special Assignment Allowance Employees assigned on a permanent basis to
motorcycles shall receive a special assignment pay of five percent (5 %) in accordance with .existing
practice.
Employees assigned to work a 5 -8 shift shall receive a special assignment pay of two and one -half
percent (2-1/2%). Employees who are on 5 -8 light duty because of ;non- service connected injury or
illness shall not receive the special assignment Employees who are on 5 -8 light duty because of
service- connected injury or illness, where th,e City doctor approves a 40 -hour work schedule, and who
have demonstrated the ability to work a 40 -hour workweek, shall receive the special assignment pay
for all hours worked on 5 -8's. If the ISC light duty employee takes off work and receives ISC
payments, the employee will not receive the two and one =half percent (2-1/2%) special assignment
pay for time not worked.
Section 8.18 Extra Weapon Employees will be allowed to carry a concealed, extra weapon
while on duty, as approved by the range master.
Section 8.19. Quality of Life The City agrees to continue the Qualityof Life Program. Effective
with the first full payroll period beginning after September 30, 2009, a supplement of $57.60 per
pay period shall be paid for those employees participating in the program. Beginning with the first
full payroll period after September 30, 2010, the supplement will be increased to a rate of $67.00
per pay period for those employees participating in the program. The Police Chief or his designee
shall develop certification requirements which employees must meet to be eligible for any Quality of
Life supplemental ,payments. The Quality of Life supplement will be made available to all qualifying
Bargaining Unit Members.
Section 8.20. forced Holdover. If an employee is forced to stay beyond the hours of his /her
regular shift, such additional hours will be paid at double the regular rate. This provision applies to
minimum staffing purposes only and does not include unexpected or special eve_ nts such as, hurricanes
or other acts of God, demonstrations, holiday or special events, etc.
FOP — 21
4
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Section 8.21. Pension. The pension benefits as they currently exist shall continue for all Bargaining
Unit Members (except Detention Officers who are members of the City's general employees pension
plan), except that the City shall amend the pension plan upon ratification of this Agreement, to
provide the following benefits for plan members who retire on or after September 30, 2010 (except as
otherwise specified below):
r
A) Upon completion of ten (10) years of creditable service under the pension system members
may purchase additional creditable service under the System for-up to two (2) years of full -time
public safety service as a law enforcement officer prior to City employment, provided the
member is not entitled to receive a benefit for such. service under another pension plan, and
further. provided -that the member may not purchase a combined total of more than 4 years of
creditable service for prior public safety service and prior military service. The cost for each
year of creditable service for prior public safety service purchased shall be the some rate as
provided in the plan for the purchase of military service, with the cost prorated for fractional
years of service. For purposes of this purchase, an employee may use the value of accrued
sick and /or annual leave, valued at the employee's hourly rate at the time of purchase.
B) . Upon completion of 10 years of creditable service under the pension plan, members may also }
purchase up to an additional six percent (6 %) multiplier, in increments of three percent (3 %), "
provided the combined total of additional years of creditable service purchased pursuant to
paragraph (A), above, may not exceed two (2) years if a member purchases an additional six
percent (6 %) multiplier, or 3 years if the.member purchases an additional three percent (3 %)
multiplier. The cost for each additional three percent (3 %) multiplier purchased shall be the
same as the cost for each year of prior public safety service or military service. For purposes
of this purchase, an employee may use the value of accrued sick and /or annual leave, .valued
at the employee's hourly rate at the time of purchase.
C) The purchase of additional service provided in subsection A, above, and the purchase of the
additional multiplier provided in subsection B, above, must be completed within 36 months
following September 30, 2010, or within 36 months following a member's completion of 10
years of creditable service under the pension plan, whichever occurs later for the member. If a
member does not complete the purchase within the 36 month period, he /she shall not be
eligible for the purchase in the future:
D) Upon reaching el'igibilityfor retirement or time of retirement, a member may sell back sick
and/or vacation time at 100% value (along with the 10% pension contribution) for purposes
of calculating a members' final average monthly earning, not to exceed the caps presently
specified in the Miami Beach Police and Fire Pension Ordinance.
E) Effective upon ratification of this contract, all compensation for work performed pursuant to
Off -Duty Assignments, as outlined in the Department's Standard Operating Procedures (SOP'S),
shalt be ..included in a member's salary for pension purposes, and shall be used in the
FOP 2,2
4 A
calculation of member contributions and benefits. Provided, in no event shall the value of
unused sick and /or vacation time, overtime pay, and /or off -duty pay, cannot exceed the caps
presently specified in the Miami ,Beach Police and Fire Pension Ordinance.
F) DEFERRED RETIREMENT OPTION PLAN (DROP).
1) Eligibility - Any active employee member of the Miami Beach Police and
Firefighters Pension Plan may enter into the DROP on the first day of any month
following the date upon which the employee first became eligible for a normal
service retirement, subject to the conditions expressed herein or as modified from
time to time.
2) Conditions of Eligibility- Upon becoming eligible to participate in the DROP,
an employee may elect to enter that program for a period not to exceed 36
months. Notwithstanding, participation may not continue beyond the date when
the employee's combined years of creditable service and time in the DROP equals
352 months (387 months for employees who were Plan members prior to July 1,
1976), except for those persons entering the DROP under the window period set
forth in Paragraph 11 below. Employees who enter the DROP on or after
September 1, 2012 shall be eligible to participate for a period not to exceed sixty
(60) months. Notwithstanding, for those employees entering the DROP on or after
September 1, 2012, participation may not continue beyond the date when the
employee's combined years of creditable service and time in the DROP equals
376 months (390 months for members hired after the ratification of this contract).
Provided also that participation in DROP shall require the employee to complete
and submit the following prior to start of DROP payments.
a. Such forms as may be required by the Pension Board of Trustee's Plan
Administrator. Election in the DROP is irrevocable once DROP
payments begin.
b. A waiver and an irrevocable resignation from employment with the
actual date of termination being the date designated by the employee
as the end of his /her DROP participation. The administration and
timing of execution and delivery of the waiver and resignation forms
shall meet the requirements of the Age Discrimination in Employment
Act and the Older Worker's Benefits Protection Act, as same may be
amended from time to time.
3) Conditions of Employment for DROP Participants - Employees shall be
subject to termination of employment while in DROP to the some extent as they
were in their pre -DROP status. A person who has elected the DROP remains an
FOP — 23
employee 'during the DROP period and receives all the benefits. of being -an
employee during the DROP period., except any form of pension contribution.
4)_ Effect of DROP Participation
. a. An employee's credited service and his /her accrued benefit under the
Pension Plan shall be. determined on the date of his /her election to
participate in the DROP first becomes effective.
b. The employee shall not accrue any additional credited service while
he /she is a participant in the DROP; or -after termination of -
participation in the DROP.
C. A DROP .participant is not eligible for disability benefits from the Plan.
d. An employee may participate in the DROP only once.
e. Effective with the . start'date of an employee's DROP participation,
contributions to the Pension Plan by the employee and the normal cost
contribution to the Pension Plan by the City, on behalf of the employee,
shall cease.
5) Payments to DROP Account - A DROP account shall be created for each
member who elects to participate in the DROP. A DROP account shall consist of
amounts transferred to the DROP from the Plan, which include the. monthly
retirement benefits, including any future cost of living increases, that would have
been payable had the member:elected to cease employment and receive a normal
retirement benefit upon commencing participation in the DROP, and earnings on
those amounts. Provided, employees who enter the DROP on or after September.1
2012, shall receive a zero percent (0 °o) cost of living adjustment for the third (3rd)
and fourth (4th) annual adjustment dates, regardless of whether the employee
remains in the DROP for the maximum five (5) year- period. Provided further, any
employee who exits the DROP "within six (6) months following the date of DROP
entry, shall be eligible for the cost of Living adjustment as otherwise provided'in the
current pension plan.
6) DROP Account Earnings
a. Members may direct their DROP money to any of the investment
options offered. and approved by the-Board. Any losses incurred by
the participant shall not be made up by.the City or the Pension Plan.
The selection of `these programs shall be made by the participant on
forms provided by the. Board.. Any and all interest and or earnings
shall be credited to the participant's DROP account.
FOP - 24
9 A3
b. A member's DROP account shall only be credited or debited with
earnings while the member "is a participant in the DROP and,
depending on the DROP Account Payment Options selected, after the
member dies, retires, or terminates employment with the City of Miami
Beach.
7) Payment of DROP Account Funds - Upon termination of a member's
employment (for any reason, whether by retirement, resignation, discharge,
disability, or death), the retirement benefits payable to the member onto the
member's beneficiary shall be paid to the member or beneficiary and shall no
longer be paid to the member's DROP account. No payments will be made from
the DROP account until the member terminates employment.
.8) DROP Recount Payment Options Following the termination of a
participant's,employment, the participant shall select one of the following options
to begin to receive payment from his /her DROP account. Said selection shall
occur no later than 30 days prior to the end of the DROP participation period or
within .30 days following the termination of a participant's employment if said
termination of employment occurs prior to the end. of the DROP participation
period:
a. Lump Sum -All accrued DROP benefits, plus interest, shall be paid from the
DROP in a single lump sum payment.
b. Partial Lump Sum - A member designated portion of accrued DROP
benefits, plus interest, shall be paid from the DROP in a partial lump sum
payment with the remainder being directly rolled over into an eligible
retirement plan.
c. Direct Rollover - All accrued DROP benefits, plus interest, shall be paid
from the DROP directly to the custodian of an eligible retirement plan.
d. Other method(s) of payment that are in compliance with the Internal Revenue
Code and adopted by the Pension Board of Trustees.
9) Death of DROP Participant -,If a DROP member dies before his /her account
balances are paid out in full, the participant member's designated beneficiary shall
have the same rights as the member to elect and receive the pay -out options set forth
in Paragraph 8, above. DROP payments to a beneficiary shall be in addition to any
other retirement benefits payable to the beneficiary.
10) Administration of DROP Accounts
FOP. — 25
a. The Pension Board of Trustees shall make such administrative rules as are
necessary for the efficient operation of DROP, but shall neither create any rule
that is inconsistent with the legislation creating the Drop, nor any rule that
would be a mandatory subject of collective bargaining.
b. At all times, the DROP�will be administered so that the Plan remains qualified
under the Internal Revenue Code and is in compliance with the Internal
Revenue Code and applicable laws and regulations.
1 1) If any provision of this DROP should be found invalid, unlawful, or not
enforceable by reason of any existing or su bsequently enacted legislation, or by
judicial authority, or by an IRS regulation /ruling, the City andthe:U agree to
meet within 30 days of such determination for the purpose of negotiating a
resolution to'the invalid provision(s).
In the event that provisions of the Internal Revenue Code operate to limit the
benefit amount of employee coverage by the pension provision ,incorporated in
this Agreement to an amount less than set forth in the pension Plan then the City
and the Union shall negotiate a method to compensate the affected employee for
the difference between the normal pension benefit and the limits allowed by the
Internal Revenue Code provided that 'no such resolution shall jeopardize the
exempt status of the Plan under the Internal Revenue Code.
G. Pension Benefits for employees hired on or after, ratification of this Agreement, shall be as
provided in the current - pension plan, except as follows:
1) The benefit multiplier shall be three percent (3 %) for each year of creditable service
for the first 20 years of service, and four percent (4 %) for each year of creditable
service after 20 years of creditable service.
2) The normal retirement date shall be as provided in the current pension plan, except
that a member must attain age 48 to be eligible for "Ru of 70 retirement.
3) Final average monthly salary shall be 'based on the three (3) highest paid years or `
last three (3) years as the case may be, prior to retirement or separation from'
employment.
4) The cost of living adjustment shall be one and a half (.1.5 %) annually.
5) Employees who enter the 'DROP -shall 'receive a zero percent. (0 %) cost of living
adjustment - for the third (3rd) and fourth (4th) annual adjustment, dates, regardless of
whether the employee remains in the DROP for the maximum five (5) year period.
Provided further, any employee who exits the 'DROP within six' (6),months following
FOP — 26
f
the date of DROP. entry, shall be eligible for the cost of living adjustment as otherwise
provided in Section 7.23 (G) (4).
Section 8.22. Premium Pay Supplement Contin egp Upon the Department's
Obtaining and Maintaining Certain Accreditations. In recognition for obtaining and
maintaining the accreditations described below, the following premium pay supplements will be
paid under the following terms:
1. All bargaining unit members shall be paid a premium pay supplement of $40.00 per pay
period for as long as the Police Department maintains Accreditation by the Commission on
Accreditation for Law Enforcement Agencies (CALEA).
2. Accreditation by the State Commission for Florida Law Enforcement. A separate conditional
accreditation premium pay supplement in the amount of $10.00 per pay period shall be paid
to all bargaining unit employees in the Police Department for accreditation from the State
Commission for Florida Law Enforcement, Inc
If either of the accreditations provided for in subsections (1) or (2) above are discontinued for reasons
unrelated to the action or inaction of bargaining unit members, then the supplement shall continue.
Section 8.23. Buyback of Probationary Time. Employees covered by this Agreement may
elect, by written notice served on the Board or Trustees, to receive creditable pension service time for
any or all of their time served as probationary police officers. In order to receive such creditable
pension service time, employees should be allowed to purchase any or all of such time through the use
of accrued annual leave, sick leave, cash or any combination thereof. In the event such purchase is
not made within six months of successful completion of probationary period, the amount paid shall
include interest at the rate of three percent (3 %) per annum excluding first six (6) months.
Section 8.24. "Me Too" with the IAFF. The FOP reserves the right to a "me too" agreement
with the IAFF should the City modify the IAFF agreement on parallel issues, with the exception of Court
time and Alternate Holiday Pay.
Section 8.25. CJSTC "Police Instructor Incentive Pay. Effective with the first full payroll period
beginning after September 30, 2010, the City will pay, under the terms stated in this section, an
. incentive pay of two and one -half percent (2.5 %) of the officer's base pay (as stated below) for up to
FOP — 27
i
a maximum of fifty (50) police officers who obtain and maintain certification from the Criminal Justice
Standards and Training Council ( CJSTC) as Police]nstructors: -
A. No more than fifty (50) FOP employees will be eiigible'to receive the two and one -half percent
(2.5 %) Police Instructor Certification pay.
'B. Additional FOP employees (up to the fifty (50) employee maximum) must be qualified for the
"incentive -pay by,rneeting all of the following requirements: (1) a,minimum of six years of
full -time experience" as a certified law enforcement officer employed by a State, County or
MuhicipaI Police Department; and .(2) passing the required CJSTC Police Instructor Training
Course; and (3) have no record of disciplinary action during the twelve (12) month preceding
the date of application for the benefit. FOP employees will qualify (not to exceed the fifty (50)
employee cap) on a first come basis, based on the date of each employee's submission of the
completed written request to the Police Chief or designee...
C. Newly qualified FOP employees (up to the fifty, (50) maximum limit), shall start receiving their'
two and one -half percent (2.5%)-pay on the next payroll period beginning after the FOP
employee has submitted to the Police Chief (or designee) a written request that includes a copy
of the CJSTC Instructor Certification, and - proof that he /she has met; all other requirements' as
set .forth in this section.
D. Employees shall remain sole) responsible' for obtaining an,d maintaining a State Certified
Y P 9 g..
CJSTC Certificate. All - costs involved in obtaining and /or maintaining the certification shall
remain the responsibility of, the employee. Failure to have a current certification shall
constitute 'an automatic disqualification from the two one =half ( percent (2.5 %°) incentive '
Pay..
E. The value of the two and one -half percent (2.5 %) incentive pay shall be determined based
upon only the base wage of the officer, i.e. no additional incentives or other extra payments
or benefits are included in the two and one- half (2.5%)'pay.' The total incentive pay for
the Police' Instructor Certification benefit will remain at two and one -half percent (2.5 %)
regardless of any additional certifications that the. FOP employee may receive through the
CJ STC .
FOP = 28
o - a
ARTICLE 9
F. ®.P. HEALTH TRUST
Section 9.1. For Calendar Year 2010, the City will continue to fund the current contribution amount
for health care. Such contribution is currently:
Single: $402.06
Family $985.59
In future. years, the City's contribution shall increase based on the Miami Beach Fraternal Order of
Police Insurance Trust Fund's annual cost projections based on claims experience and administrative
costs as determined by its qualified consultant and documents supporting the annual percent increase;
however, the City's increase to the current contribution amount to the health trust shall not exceed the
average of the straight line percentage ** increase in premiums for the City's various medical plan
options.
However, at the end of each calendar year, no later than February 1 st, the.FOP.will provide the actual
cost'increase for the FOP Trust for the prior year. Actual costs shall include all liabilities of the Trust
inclusive of administrative costs. If the payments made by the City to the FOP Trust exceeded the
actual FOP trust increase for the prior year, then the excess amount paid by the City for the prior year
will be subtracted from any projected cost increase for the current year. If the payments made by the
City to the FOP Trust do not exceed the actual increase to the FOP Trust for the prior year, then there
will be no reduction made to any projected cost increase for the current year. if the payments made
by the City to the FOP Trust are equal to the actual FOP Trust for the prior year, then' there will be no
reduction made to any projected cost increase for the current year. Cost reductions of the Trust
attributable, to'design changes shall not be included for purposes of calculating any credit to the City.
The City shall .be notified in writing of all design changes and projected cost savings associated with
those changes within 30 days of the'effective date of the proposed changes. Any amount over the ten
month reserve shall be credited to the City. In addition, there shall be no change to the formula used
to calculate the ten month reserve amount. The "ten month reserve" shall mean the sum of.ten (10)
times the average of the most recent twelve (12) months, plus cost and liabilities.
Conversely, if the City's renewal rate is flat, or a negative percent, then the City's contribution to the
health trust for that particular year will be based on the average percent increase of the actual cost
increase for the Trust for the prior three (3) years, which shall not exceed the average of the City's
straight Line averages for those three (3) years.
FOP — 29
Example #1 Example #2, Example #3
(City pays more than the actual - (City pays less than the actual (City pays the same as - the,
cost ) cost, but equal to projected actual cost)
cost and the straight line' cap)
FOP. Projected Cost = FOP Projected Cost— 7% FOP Projected Cost — 7%
City Straight line Average — 7%
Ci Straig line Average — 7% Ci Straig ht li Average — 7%
g ty 9 g Qty . 9 g
i
Cit p ays 7% Ci p ay s 7%
City pays.7% ty.p Y ty p Y
. . Actual'FOP Cost — 5%
Actual FOR Cost 10 %` Actual FOP Cost = 7
No. chan e No change
Credit to -City — 2% g
>� (The" City's straight -line average is the cap in a'll'cases.)
The City's contribution amounts will help.fund the level of'benefits provided under the current plan as
of the, date "this contract is signed *. If plan design changes cause an increase in the Trust fund
premium, the City is ,not required to increase its contribution as a result of the plan .design change.
Financial disclosure reports are to be presented from the Trust to the City Manager's designee for.,
Labor Relations no Later than July l s' of each. year.. Such report must include the increase percent
identified by the Trust's plan consultant for the following City fiscal year., The, City understands that it
Will provide the final renewal rates prior to October 1 of each year. The Trust shall provide the report
detailing the actual .cost for the prior year no later than February 15' to the City Ma nager's designee
for Labor Relations,
The City's designee for Labor Relations will be notified of the - annual meeting at which. benefit changes
are under consideration and the City shall be allowed to send a representative to that meeting. Also,
consu ltin
an' ' re p orts benefit chan es will be provided to the Ci for p of that
Y g " anal Y zin g 9 p tY p ur p
meeting.
*.Upon ratification of this agreement, the parties sha11 supply each with the current plan designs
in effect for calendar year 2010. .
FOP 30
• o a
"The straight line average is defined as the total of the percentage increase in premium for each of
the City's medical plan options divided by the number of the City's medical plan options.
In addition:
a) Effective July 1, 2010, or upon ratification of this Agreement, whichever is later, all
bargaining unit employees shall contribute five percent (5 %) of their gross compensation
to offset the City's contributions to the Health Trust. This five percent (5 %) contribution
shall discontinue after eighteen (18) months.
b) For all current retirees and active employees on the payroll as of the date of
ratification of this Agreement, all employees presently in the DROP, and all eligible
dependents under the current eligibility rules, the City contribution for those current
retirees and current employees who become future retirees for health coverage'shall be
equal to the City's Health Trust contribution formula for active employees. Furthermore,
the contributions for those current retirees and current employees who become future
retirees and their eligible dependents shall be no less than the .current value of the
contributions for active employees and their eligible dependents. This Agreement shall be
reduced to writing and made individual contracts and shall be a vested benefit
throughout retirement.
c) Employees hired after the ratification of this Agreement, who elect to be covered by
the Miami Beach Fraternal Order of Police insurance Trust Fund Plan, to the extent they
choose to have medical benefits provided to them and their dependents during
retirement, shall, receive a health insurance stipend in lieu of a City contribution to the
Trust on behalf of those employees after their retirement. The stipend shall be a monthly
payment equal to twenty -five dollars ($25) per month for each year of creditable service,
subject to an annual increase based on the Miami -Ft. Lauderdale All Urban Consumer
Price Index (U -CPI) as of September 30'h of each fiscal year.
Section 9.2
(a) Al eligible employees and their dependents described in Section 7 shall be eligible to
enroll in the F.O.P. Health Trust Plan and shall not be eligible to participate in the City
Plan during their employ or retirement for so long as the F.O.P. Trust exists.
(b) A non - bargaining unit sworn police officer who elects to enroll in the F.O.P. Health
Plan may apply to the Trust and will be enrolled upon leave of the Trustees, and
FOP — 31
I
thereafter will be deemed to be a. covered employee provided he or she meets th
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 ;time in Department if
less tha two years prior to enrollment, and must maintain membersh
throughout the''period of coverage;
(iii) Must et, insurability cri #eria satisfactory to Trustees; and
(iv). Must make the election within thirty (30) days after a ppointment out .of' -the
bargaining _unit.
Section 9.3.
(a) "All. covered - employees and covered retirees shall be allowed to, continue under the.
City's Dental Plan as it may exist.
(b) The City,shall' also contribute to the Trust the amount of premium it :is paying for term
Life insu,rcince for covered employees and 'covered retirees.,
Section 9.4 The City's Insurance Plan shall be responsible for the runoff of ail.claims incurred prior
to the time the F.O.P. Health Trust Plan went into effect.
Section 9.5 The City shall be . provid ed with a copyof. the_F.G.P. Health Trust Plan booklet and the
Trust Agreement, and any other :inf ormationrequired by law and shall be apprised of any changes in
the:Trust Agreement and /or.Plan benefits. Additionally, a copy of the Trust's annual C.R.A. audit
report shall be sent to the City Mana designee for Labor Relations -and the Trust or their clesignee
shall in a reasonable time period answer reasonable inquiries concerning the finances of the.Trust.
Secti 9.6 The F.O.P. shall indemnify and.hold the-City harmless:against any claim, demand, su.it,
or liability, and for all legal costs arising, in relation to the implementation or administration of the
F.O.P. Health Insurance Trust and Plan, except if the City's acts or omission give ,rise, to its own
- liability.
FOP — 3 2
a a
, Section 9.7 Employees in. the-bargaining unit eligible for inclusion in the Health Trust Plan must be
employed at least ninety (90) days and be on the City Police Department payroll.
Secti ®n 9.8. Employees covered by this Agreement who retire, resign, or are terminated bythe City
must be vested in the Police pension plan at the time of such retirement, resignation or termination in
order to receive a contribution by the City towards his /her health insurance premium after such
retirement, resignation or retirement.
Secti ®n 9.9. Employees in the bargaining unit shall be eligible to participate in the City's voluntary
benefits plan, which may be modified by the City from time to time. The voluntary benefits plan shall
be administered by the City.
l
FOP — 33
ARTICLE TO
EDUCATIONAL LEAVE AND 'TUITION REFUND
Subject to applicable Rersonnel Rules, on employee may request an educational leave of absence
without pay to take a'.course or courses. in a field related to the work assignment of said employee.
The City's tuition refund program shall be' continued for the term of this Agreement:
jr
FOP — 34
ARTICLE 11
GENERAL PROVISIONS
Section 1 1.1 Safety and Health The City and the FOP shall cooperate in matters of safety and
health affecting the employees covered by this Agreement.
Section 11.2 FOP Activity and Non - Discrimination Neither the. City nor the FOP shall
discriminate against any employee due to that employee's membership, non- membership
participation, lack of participation, or activities on behalf of, or his refraining from activity on behalf of
the FOP.
No employee covered by this Agreement shall be discriminated against because of race, creed,
national origin, religion, sex, sexual orientation, ethnic background or age in accordance with
applicable State and Federal laws. The FOP agrees to cooperate with the City in complying with
Federal, State and local laws requiring affirmative action to assure equal employment opportunity.
The parties will comply with the Americans with Disabilities Act.
Section 11.3 Reduction In Work Force When there is a reduction in the work force,
employees will be laid off in accordance with their length of time in grade service and their ability to
perform the work available and applicable veterans preference laws. When two or more employees
have equal ability, the employee with the least amount of service will be the first one to be laid off.
When the working force is increased after a layoff, employees will be recalled in the order of
seniority, with employees with greater seniority recalled first. Notice of, recall shall be sent to the
employee at the last known address by registered mail or certified mail. If an employee fails to report
to work within thirty (30) days from date of receiving notice of recall, he shall be considered to have
quit. No new employee will be hired into the bargaining unit as long as any bargaining unit
employee remains on lay -off status.
During the course of this Agreement, no employee will be laid off and no employee will be demoted
(except for disciplinary demotions).
Section 11.4 Uniforms and Clothing Allowance The City will continue its present policy
concerning uniforms. The uniformed personnel's monthly maintenance allowance shall be Sixty Dollars
($60) per month for a total of $720.00 per year to be paid out in twenty -six (26) bi- weekly payments.
FOP — 35
For those' - sworn employees assigned to work in civilian clothes, they.shall receive.a monthly allowance
I 0 Eighty -Five dollars ($85:00) per month fora total of $1,020.00 per year to be paid out in - twenty
: six (26) bi- weekly _payments. ;
When transferred into the Criminal Investigation Unit or other unit requiring civilian clothes, the- City -
will advance the employee,, his request, the °sum of Four:Hund red Twenty Five Dollars ($425.00) for
the purchase. of clothing.` The employee affected shall agree to relinquish the Eighty =Five Dollar
($85.00) per month clothing allowance for =the following five months, and shall, also agree to .
reimburse the City for any" pro -rata amount in. the event of transfer, termination; resignatioh, or
retirement prior to completion of five 5 i
months n the civili clothes assignment. If the
p" p ): g.
reimbursement is caused by a transfer, the reimbursable amount shall be collected at the rate of
Eighty- Five Dollars ($85.00) per
Section .l 1.5 Diselosuee of Records Employees'will' not have information contained within any
of their files disclosed to persons other than managerial and supervisory employees unless the. person
requesting such information (including home telephone number, address, etc.) shall complete and sign
a "Request 'for Information" form and present proper identification, provided, however,, that
information which is made confidential by state''or federal statute shall not be disclosed except i.n
accordance with the requirements of law. The request form shall have provision forthe name, address,
and telephone number of the person requesting the information and the reason forthe 'req'uest. A
copy of any such request form.'complete'd shad) .be left in`the employee's personnel file.
Section 1 1.6 Tr ®Wafers It shall be the sole right of the Chief of Police or his designee to transfer
employees of the Department. When a transfer -is a change''in an employee's unit assignment,
reasonable advance notice 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 Department or emergency conditions require that temporary changes be made'with little'
or no advance notice.
Section 11.7 Meeting. Between Parties 'At. the _reasonable.request of either party, the FOP
President, or his representative, and the City Manager, or his designee for Labor Relations,.. shall meet
at a mutually.agreed upon time and place to discuss matters that require immediate discussion.
FOP 36
Section 11.5. Negotiating Sessions Time and dates for negotiating sessions shall be mutually
agreed upon. Up to three (3) on duty FOP representatives shall be permitted to attend negotiating
sessions without loss of pay or benefits if they were otherwise scheduled to work.
Section 11.9. Job Descriptions It is understood by the parties that the duties enumerated in the
job description promulgated by the City are not always specifically described and are to be construed
liberally. The City agrees to notify the FOP of any change in the job description of any classification
in this bargaining unit.
Section 11.10 Defense of Members In the event any action for civil damages is brought
against a member of the bargaining unit hereunder individually, and the_City is not made a party to
any such action, and if the employee hereunder is found liable and a judgment for damages. is
rendered against him, the City will itself or through insurance pay such damages and counsel fees for
the employee providing the employee's.liability results from action of the employee arising out of and
in the course of his employment hereunder, and further providing that such judgment against the
. employee does not result from the wanton and willful action of the employee.
Section 1 1.1 1 - Personnel Rules and Departmental Manual Copies of the Personnel Rules'
I
and Regulations will be kept by Majors and Captains whose copies will be available to members of
the unit upon request.
A copy of the manual of the Police Department is provided to all employees in the department and
proposed changes in said manual will be supplied to the President of the FOP or his designated
representative before implementation and an opportunity to discuss the changes will be afforded. Any
changes to SOP`s shall contain a detailed legislative style description of the proposed changes.
Section 1 1.12 Incorporation of Personnel Rules Any personnel rules agreed upon by the
parties for incorporation in this collective bargaining agreement shall be set forth in an addendum to
this Agreement.
Section 11.13. ; Medical Leave of Absence After this Agreement is ratified, any employee
`requesting time off without pay as a Medical Leave will be granted the time requested up to one. (1)�
month, or longer at the Chief's discretion. Employees may use any accumulated leave time or comp
time.during this leave.
FOP - 3 7
ARTICLE '1
- SEPARABILITY
If any 'provision of this Agreement is. held to be in conflict with any law as finally determined by a
,court of competent jurisdiction,. that portion of the. Agreement in conflict with' said law shall be
inoperative and 's.ubject to"immediate renegotiation for 'a replacement provision, but the remainder of
the Agreement shall continue in full force and in effect. -
r
FOP — 38
ARTICLE 13
TIME BANK
A Time Bank shall be authorized by the City of Miami Beach, whereby members of the bargaining
unit may voluntarily donate accrued annual leave and sick leave to an FOP Time Bank to be used as
follows: (a) the President, or his designee(s), may draw from such Time Bank, thereby detaching said
person(s) from the normal course of'their City assigned duties in order that they may be permitted to
Q perform duties in keeping with the obligations of the FOP to its membership, and /or (b) by FOP
members pursuant to Ordinance No. 1335, and pursuant to rules and regulations to be established
by the FOP that is not otherwise inconsistent with this article or Ordinance No. 1335. The FOP
President, along with the Chief of Police (or designee) will establish a committee of three (3) members
whose purpose is to create the rules and regulations mentioned in subpart b herein. The composition
of the Time Bank Committee shall be determined as follows: the FOP President shall appoint one (1)
individual to serve on the Time Bank Committee; the Chief of Police (or designee) shall appoint (1)
individual that shall serve on the Time Bank Committee and both the FOP President and the Chief of
Police shall jointly appoint one (1) active FOP bargaining unit member to serve on the Time Bank
Committee. The Time Bank shall not be utilized for the purpose of attending collective bargaining
sessions between the FOP and the City of Miami Beach.
Time will be deposited into the Time Bank only after the contributor voluntarily signs an authorization
card detailing the type and amount of time to be donated. After review by the FOP President or his
representative, these cards are to be forwarded on a quarterly basis to the Chief of Police for his
review, and if appropriate, approval. If approved, the Chief of Police will then forward this material
to the Support Services Division, who shall take appropriate action to implement the provisions of this
section.
Time deposits shall be in hourly increments, with three (3) hours being the minimum amount accepted.
The President, in his own behalf or on behalf of his designee(s), shall fill out the appropriate form to
be supplied by the city for each employee authorized to draw from the Time Bank. Said form shall be
submitted by the President at least five (5) days in advance of anticipated use. This form shall also
include the statement that:
"Upon deduction of time by the City, the undersigned officer agrees to hold the City harmless for any
error or omissions in making said deduction or allocating the deducted time to the time pool."
FOP — 39
This request shall be reviewed by the Chief of Police,' or his designee, and approved subject to the
manning requirements of the department. Such approval shall not be arbitrarily withheld. Such
approval, once having been authorized, may be rescinded subject to. the manning requirements of the
department. t
Time donated to the Time Bank shall be converted to the salary dollar equivalent of the donor(s), and
time used shall be in salary dollar equivalents of the employee(s) using the pool time_ Time donations
shall not increase in value. For purposes of computation, only`base pay and longevity will be used:
Time donated but not used will not be retrievable and will remain in the Time Bank for so long as this
provision is effective. In'the event the Time Bank is discontinued;, the FOP shall be entitled to use the
hours remaining pursuant to the provisions,,,of -this section.
Any injury received or.any accident incurred by an employee whose time is being compensated by
the FOP Time. Bank, shall not be considered a line -of -duty injury, nor. shall such injury or accident be
considered to have been incurred -in the course and scope of the employee(s) employment by the City.
of Miami Beach within the meaning of Chapter 440, Florida Statutes, 'as amended.
FOP — ' 0
ARTICLE 1 4
DRUG TESTING
Upon reasonable belief, based upon objective factors, that an employee has used an unlawful drug,
the Chief of Police or, in his absence, the Assistant Chief, may direct the employee to submit to a
urinalysis for detection of 'drugs. In the case of a drug test, the following conditions will be applicable:
(a) A split sample of the urine will be obtained so that two different laboratories to be
selected by prior agreement of the City and the FOP may test the urine if desired:
(b) If the employee claims that there is not a reasonable belief, based on objective factors,
that the employee has used an unlawful drug, the urine will be frozen pending an
expedited arbitration held before whichever of the three pre - agreed upon local
arbitrators (to be selected by the City and the FOP) is first available on a rotating
basis.
The sole issue before the arbitrator shall be whether there was reasonable belief to
direct a test as set forth above.
(c) If the arbitrator finds there is not reasonable belief, the urine specimens shall not be
tested and shall be discarded.
(d) I the arbitrator finds there is reasonable belief, or if no challenge to the reasonable
belief basis has been made, then one urine specimen shall be tested by the laboratory
selected by the parties.
(e) All tests for an unlawful drug will be by an agreed upon gas chromatography /mass
spectrometry method, and the other specimen will be tested by the second agreed to
laboratory, if the employee requests.
(f) In the case of either or both urine tests, the cutoff shall be the nanogram threshold
which shall be established by prior agreement between the parties ,in the Random
Drug Testing Agreement.
FOP 41
- ARTICLE 15
HEART DISEASE PRESUMPTION
Any condition or impairment of health of, any detention or sworn officer caused by heart disease
resulting in total or partial disability or death shall be presumed to have been a'ccidenta'l 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 sholl have successfully passed, ;a physical examination
upon entering into such service as a- detention or swo.rn which examinption failed to reveal any
evidence of heart disease. If at any time this Section is placed before an arbitrator for interpretation
or application, what is "satisfactory - evidence" shall be determined by the arbitrator. If:rights,of
detention or.sworn officers -are placed before the Bureau of Workers Compensation, then what. is
"satisfactory evidence" will be determined by-the Bureau in accordance with Workers Compensation
law. Nothing herein shall be construed to be a waiver or limitation of any benefit provided under
Florida. Statute 1 12 :1 8.
•
FOP - 42
ARTICLE 16
PROMOTIONS
Secti ®n 16.1 Advancement to the ranks of Sergeant and Lieutenant shall be by examinations that
measure the knowledge, skills, and ability of personnel and by seniority. A promotional examination
will be given every-two (2) years, unless the FOP President and the City Manager or his designee for
Labor Relations mutually agrees to some other schedule. Effective with the first test given after
ratification, the following revisions to Article 16 shall apply.
Secti ®n 16.2 Eligible applicants for the promotional examination for Sergeant and Lieutenant shall
be given a .two-part examination, consisting of a validated, written test, which shall comprise fifty
percent (50 %) of the final examination score, and an Assessment Center or a mutually agreed upon
behavioral assessment component. The Assessment levels shall have a weight of fifty percent (50 %) of
the total score. The written portion shall be given first and applicants for Sergeant or Lieutenant
positions must successfully pass the written test with a raw score of seventy percent (70 %) to be
eligible, at a later 'date, to take the Assessment Center or the behavioral assessment component
portion of the examination. Passing scores for the Assessment Center or the behavioral assessment
component shall be set by the test consultant. If there are not a significant number of minorities
promoted after the next round of promotional testing after the effective date of this Agreement, the
parties will meet to review the respective weights and re- negotiate the Article, if necessary.
Secti ®n 16.3 All police officers who on written test date have four (4) years of seniority from date
of appointment to Police Officer or Police Officer Trainee and performance evaluations of satisfactory
or above for the preceding twenty -four (24) month period shall be eligible to take the Sergeant's test.
All Sergeants who on written test date have two (2) years seniority from the date of appointment as
Sergeant and performance evaluations of satisfactory or above for the preceding twenty -four (24)
month period shall be eligible to take the Lieutenant's test. Applicants must, in both cases, apply on or
before the application cutoff date and time in accordance with Personnel Rules.
The City Manager or his designee for Human Resources may refuse to permit an applicant to take the
examination on the grounds of conduct disgraceful to the Department and his /her officer status; or
refused advancement from probationary status. In the latter case, if at least three (3) years have
elapsed since such failure of probationary advancement, such candidate will be considered qualified.
Should any applicant, so disqualified for any of these alleged reasons, contest such disqualification,
he shall have access to the grievance procedure under this contract.
FOP — 43
Section 16.4. The City Manager or his designee for' Hum an Resources shall cause to be developed
validated examinations which closely measure the knowledge, skills, and abilities of a Mi'am.i Beach
Police Sergeant and a Miami Beach Lieutenant, administer such examinations, and. prepare a
promo
ti 'nal register, one for Sergeants and.one for Lieutenants, containing the.names of persons who
have passed the test ranked. in the.order.of such examination scores. { P.romotions shall be by'rank
order.
The FOP shall facilitate participation of bargaining unit employees in providing information in order to
conduct the,.job .analyses and. develop the. tests within the. time frames requested.. by the process;.,
provided'. that such participation shall be on duty time.
Section ` 16.5 Seniority Points
0.2 point shall be added to on employee's Sergeant's passing exa:mi,nation score for each
completed year of service, to a maximum of 25 years.
0.25 points shall be added to an employee.'s Lieutenant's passing examination score for each
completed year in grade as a. Sergeant.
Section 16.6 Book Comrhittee A committee of.five (5) .incumbents selected by the Chief shal-1
select the 'books and test material from which - technical knowledge questions on'the written test, and
behavioral assessment component will be drawn. Final selection shall be made after consultation'with
the test developer:
,Such selection-or changes therein, shall only be made after a representative of the FOP shall have a
reasonable opportunity to meet provide input on.the selection process.
The fest material chosen for the written- test and for the behavioral assessment component shall be
described and announced by the City.. to the FOP and -its members at least three (3') months before
such test.
Overview, Orientation, and Preparation sessions for the written west and fo:r the Assessment Center -test
or' the behavioral assessment test shall be given at least thirty (30) days prior to each test..
Section 16.7 Wriften Test Scoring Within 24 hours after the administration of the written test
an applicant scoring session will be conducted.. Each examinee will be able to review a copy of
his /her own answer sheet and the scoring key (for his /her use during the review session only), with
FOP 44
4. r =
the correct response, the name of the reading source and location from which each written test
question was drawn.
Challenges will be written and submitted to the test developer during a minimum of two (2) posttest
.review sessions occurring on separate days, and conducted within ten (10)' calendar days of test
completion. The test developer shall conclusively decide all challenges based upon standard, industry
techniques. .
Secti ®n 16.8. Assessment Center Test ®r Behavioral Assessment Test Challenges.
Upon completion of the determination of a score for the Assessment Center Test or the behavioral
assessment test, each examinee shall be furnished with his /her test result. Human Resources shall
establish a reasonable time period within which each examinee may review their examinations at a
post -test review appointment. Challenges regarding the components of this portion of the examination
must be made in writing to the test developer within ten (10) calendar days after the post -test review
appointment. The test developer shall conclusively decide all challenges based upon standard
industry techniques. For each examinee who submitted a challenge, each examinee's own challenge
and response will be available no later than eight (8) weeks after the date of the last examinee's
submission of challenges.
Secti ®n 16.x?. Formal examination scores and a promotional list shall be certified and posted within
two (2) weeks .after completion, of all challenges in § 16.8 above. Promotional Fists shall expire
eighteen (18) months after the certification and posting of the results of the promotional examination.
Secti ®n 16.10. In the event of same day promotions, seniority rank in the new position shall be
determined, in the order of standing on the promotional list. If there is a tie in the, final scores that
places more than one examinee in the some position on the promotional list, these examinee's ranking
order on.the promotional list shall be determined in the order of the examinee's seniority in the rank
that they presently hold (i.e., a tie score between two (2) sergeants will be determined by awarding
the highest ranking to the examinee with the most seniority as a sergeant, and a tie score between two
(2) officers will be determined by awarding the higher ranking to the examinee with the most seniority
as an officer, etc.).
x
FOP — 45
ARTICLE 17
F.O.P. PRESIDENT
Section 17.1 The Miami Beach Fraternal Order of Police, Lodge No. 8, Lodge President shall have
the option; for each fiscal year, of closed "D.D." (Detached Duty), as outlined in Section 117.2 below,
or to conduct union business (under the conditions described in Section 17.2 below), through the use
of a "time bank. For fiscal year 2006 -2007, the time bank shall 'be 1500 hours, covering the period
October 1, 2006 through .September 30,, 2007. The FOP President shall notify the Police Chief in
writing by September 15, 2006, whether he "elects to utilize the 1.500:hour time back provision or the
D.D. " provisions contained in Section 17.2 below. For fiscal ear 2007- 2008, the time bank shall °be
p y
1500 hours, covering the period October 1, 2007 through September 3 - Q-'2008. The FOP President
shall notify the Police Chief in writing, by September 15, 2007, whether he elects to utilize the 1500
hour time bank provision . or" the D.D. - provision contained in Section .172 below. For year
2008- 2009, the ,time bank shall be 1500 hours, covering the period October ; 2008 through .
September 30, 2009. The FOP President shall notify Police Chief, in .writing, by September 15,
2008, whether he elects to utilize the 1500 hour time bank provision or the D.O. provisions contained
in Section 17.2 below. Unused, time bank hours from one contract year shall to . the next
contract year, not to exceed a total maximum of 3000 hours per contract year, Time for attendance`
at negotiations fora successor agreement is addressed in Article 1 1 .8 .of this Agreement.
Section 17.2. The Miami Beach Fraternal .Order of Police, Lodge No. 8, ,Lodge President shall be
released and detached from full time duties as a police officer while serving as Lodge President.and
shall be carried full -time in a pay status to be' shown on the payroll as "D.D." (Detached Duty). The
following conditions shall apply:
A. For the purpose of recording time, the Lodge President will notify the Police Chief of all
absences, including vacations, sick leave, meeting attendances; out oftown,tnps, etc.
The. Lodge President shall be required to work a 40-,hour workweek:
B. The Lodge President will be available at the FOP office currently located at 999 11
` Street, Miami Beach, Florida 33139, for consultation with the Police Department
Management or the City Administrators between normal working hours.
C. _ Should the Lodge President wish to change offices, (s)he will notify the Police Chief, in
writing, at least five (5) working days prior to the proposed change. Said notice will
include "the address and the telephone number of the new office for the FOP Lodge
President.
FOP 46
D. In the absence of the Lodge President, the Lodge President's designee may represent
the Fraternal Order of Police.
E. The FOP will not send additional employees in a pay status to attend City Commission
or Personnel Board meetings without approval of the Police Chief or his designee.
F. All applicable Miami Beach Police Department rules, regulations and order shall apply
to the person who is.the President of the Lodge and on D.D.
Section 17.3 The Management of the Miami Beach Police Department or the City Administration
reserves the right to rescind the provisions of this Article in the event that it is found to be illegal.
u
Canceling the Article shall not preclude further discussions of any Lodge Presidents' release for Union
business.
c
r
FOP — 47
REOPENER
Followina ratification of this Agreement, there shall be an immediate reopene for
:. negotiations for the purposes of discussing changes to Article 15, entitled, Heart
Disease Assumptions' and Article 16, entitled; Promotions.
FOP -:48
T
F
ARTICLE 19
ENTIRE AGREEMENT
The parties acknowledge that during the negotiations which,resulted in. this Agreement, each had the
unlimited right and opportunity to make demands and proposals with respect to any subject,or matter
not removed by law from the area of collective bargaining, and that the understandings and
agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this
Agreement. Therefore, the City and the FOP, for the duration of this Agreement, except as provided in
the Florida Statutes, or as specifically excepted by provisions of this Agreement, each voluntarily and
unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain
collectively with respect to any subject or matter referred to, or covered in this Agreement, or with
respect to any subject or matter referred to, or with respect to any subject or matter not specifically
referred to, or covered in this Agreement, even though such subject or matters may not have been
within the knowledge or contemplation of either or both of the parties at the time they negotiated or
signed this Agreement. This Article shall not be construed to in any way limit or restrict the parties
from negotiating, as provided in the Florida Laws, or any succeeding agreement to take effect upon.
the termination of this Agreement or any succeeding term of this Agreement.
FOP - 49
ARTICLE 20
TERM OF AGREEMENT
.This Agreement shall be effective as of the l st day of October, 2009 and shall remain'in full force and
effect until the 30th day of September, 2012.
It shall be automatically renewed from year to year thereafter unless either party shall notify the other
in writing at Least thirty (30) days prior to the anniversary date that it desires to modify this Agreement.
In the event that such notice is given, negotiations shall begin promptly.
EXECUTED by the parties hereto on this da of 201 l
MIAMI BEACH FRATERNAL ORDER CITY OF MIAMI BEACH
OF POLICE,' LODGE NO. 8
By: By: w
AL'EJANDRO' BELLO JORQ G6NZAZ
FOP PRESIDENT O CITY MANAGER
KEVIN MILLAN TTI HERRERA B WER
FOP SECRETARY MAYOR
Approved by vote of the City Comm ission
On the kday of 2010.
ATTEST:
d _ Date
ROBERT CLERK
•
ROVED � 1
* INCORP ORATED: FOWA & Nr3U G3re,
FOP — 50
CH � 26
m _
i
1
FRATERNAL ORDER OF POLICE
FOP LODGE NO. S
ELECTION OF REMEDY FORM
Grievance No.
i
1. I /We elect to utilize the Grievance Procedure contained in the current
Contract between the City.of Miami Beach, Florida, and the FOP. In
making this election, I /we understand that selection of another forum,
as defined by the FOP Contract, shall bar any consideration of the
Grievance under the FOP collective bargaining agreement.
2. I /We elect to utilize another forum for my /our grievance, and in
doing so, I/vve understand that this election shall bar any
consideration of this matter under the FOP collective bargaining
agreement.
Signature Date
Subject of Grievance /Appeal:
I
x FOP - 51
l
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p
Addendum: Hearing Examiner Rules
HEARING EXAMINER RULES
SECTION 1: REQUEST FOR HEARING: Any member of the 'bargaining. unit may appeal from_
disciplinary. action within ten (10) days'after the delivery or mailing to him /her of such °
written notice, by filing a written request for a hearing to the Hearing Examiner or .
-his/her designee. If the tenth day falls o' a Saturd ' yor Sunday, he /she will have the
ability to file for an appeal on the following Monday.
SECTION' 2: DISCIPLINARY HEARINGS:
(a) The City Manager or his /her designee not later than ten (1, 0) days after
receipt of such appeal, shall fix a place and time for holding a public hearing. t
within a reasonable time thereafter. Written notice of such time, and place
shall be delivered or mailed promptly to both the Appellant and the,
Appointing Officer.
Only the Hearing Examiner may grant a continuance to either party for good
and sufficient cause. No continuance shall be granted, to either party unless
such request for continuance is received in writing by the City Manager or his
designee at least ten (10) days prior to the date of said'scheduled hearing of
appeal.
(b) ° The Hearing Examiner may, at the request of the, Appointing Officer or - the
Appellant, call or request any person. or records for the purpose of
ascertaining the facts..
(c) The Appointing Officer or a representative designated by him /her, shall have
the right to be present at such hearing and to be represented by the City
Attorney.
(d) ' The Appellant shall have the right to be present at such hearing and to be
represented by an attorney of his /her choice.
Said attorney shall be an attorney duly admitted and licensed to practice in
the State of. Florida. In the- event that the Appellant does not retain an
FOP — 52
attorney, said Appellant may have an advisor of his /her choice present. Such
advisor shall not have the right to interrogate any witnesses or to enter
objections to any testimony or evidence presented to the Hearing Examiner,
nor may such advisor speak in the Appellant's behalf.
(e) The findings of the Hearing Examiner shall be based upon competent
substantial evidence of record -.
(f) The Appointing Officer shall have the burden of presenting evidence to
support the truth of the charges as contained in the written notice.
(g) The Appellant shall have the right to present evidence to refute the charges
brought against him /her.
(h) The Appellant shall have the right to be confronted by his /her accuser, and
the. Appellant and the Appointing Officer shall each have the right to cross-
examine the witnesses of the other.
(i) After both the Appointing Officer and the Appellant shall have presented their
testimony and, evidence, the- Hearing Examiner shall receive argument in
summation. The Appointing Officer shall have both the opening and closing
argument.
(j) After the completion of closing oral argument, the Hearing Examiner shall
consider the testimony and evidence presented before the Hearing Examiner to
determine the truth or untruth. of the charges.
(k) Within five (5) working days after the completion of the hearing, the Hearing
Examiner shall issue his or her findings as to the truth or untruth of the charges
in writing. The City Manager .or his /her designee shall promptly deliver or
mail a copy of such findings to the Appointing Officer and to the Appellant.
(1) A copy of the written statement given the officer 'or employee, a copy of any
,reply thereto, and a copy of the findings of the Hearing Examiner shall be filed
as a Public Record in the Human Resources Department.
FOP — 53
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FOP -54
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