2013-28341 Reso RESOLUTION NO. 2013-28341
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA RATIFYING THE AMENDED THREE YEAR LABOR AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE,
WILLIAM NICHOLS LODGE NO.8(FOP), FOR THE PERIOD FROM OCTOBER 1,2012
THROUGH SEPTEMBER 30,2015;AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE AGREEMENT.
WHEREAS, the City has submitted to the Mayor and City Commission recently negotiated
tentative labor agreement between the City and the Fraternal Order of Police,William Nichols Lodge
No. 8 (FOP), for employees covered by said agreement covering the period October 1, 2012
through September 30, 2015; and
WHEREAS,the previous labor agreement was also for a three-year period covering October
1, 2009, through September 30, 2012; and
WHEREAS,on July 17, 2013,the Administration presented a tentative agreement between
the City and FOP to the City Commission; and
WHEREAS, the City Commission adopted a resolution to ratify the three-year labor
agreement by a vote of 6-1 with two amendments from the dais to the terms of the tentative
agreement; and
WHEREAS, the amendments were not collectively bargained with the FOP, the union
needed to accept the amended terms which included: limiting pensionable earnings for the purposes
of calculating a member's retirement benefit that yields a benefit not to exceed eleven percent of the
member's salary at the time of retirement and excluding any current sergeants or lieutenants upon
ratification; and extending the voluntary physical fitness assessment to be offered on a quarterly
rather than an annual basis; and
WHEREAS, the City and the FOP formally negotiated August 19, 2013, where the FOP
accepted the amended terms made by the City Commission and counteroffered that the City
Commission extend the grandfather clause concerning maximum pensionable earnings to include
any current police officers who are promoted to sergeant-prior to the expiration of the 2013 certified
police sergeant promotional register; and
WHEREAS, the Administration studied and effects on the FOP's counterproposal and
determined that it's financial impact to the City over 30 years was not substantial and tentatively
agreed to the extension of the grandfather clause subject to Commission approval; and
WHERAS, the amended terms require ratification by the City Commission and employees
covered by the FOP bargaining unit; and
WHEREAS, the full text of the proposed three-year collective bargaining agreement is
attached as Exhibit A; and
WHEREAS,at the time of this writing,the FOP had not held its ratification vote.by employees
covered by the bargaining unit; and
WHEREAS; the outcome of the ratification vote will be provided to the City Commission
under a supplemental memorandum;
NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the Administration to
amend the three(3)year labor agreement with the FOP, Williams Nichol Lodge No. 8 for the period
covering October 1, 2012, through September 30, 2015, contingent upon ratification by the FOP
bargaining unit employees.
PASSED AND ADOPTED this day of 046P , 20'83.
ATTEST:
RA AEL GRANADO I MA TJ HER ERA BOWER
CITY CLERIC �`�' '`� MAYOR
� INC ,
ARP = - APPROVED AS TO
FORM& 1ANGUAGE
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COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor And City Commission of the City Of Miami Beach, Florida, ratifying the amended three-year labor
agreement between the City and the Fraternal Order of, Police (FOP), William Nichols Lodge No. 8, effective October 1,
2012, through September 30, 2015.
Key Intended Outcome Supported:
Control costs of payroll including salary and fringes; ensure expenditure trends are sustainable over the long term.
Item Summa /Recommendation:
On July 19, 2013, the Commission ratified, by a vote of six to one, the tentative agreement between the City of Miami Beach
and the FOP with two amendments from the dais: (1) reducing additional pension benefits to 11% of an employee's salary,
excluding current sergeants and lieutenants, as opposed to the concession being applicable to new employees only as
tentatively agreed to; and (2) increasing the voluntary physical fitness assessment program from once a year with a $500
payment for a passing score to having the assessment and attendant extra pay take place quarterly, giving employees who
participate successfully the opportunity for an additional $2,000 per year.
The FOP counter-proposed that the exclusion carved out for sergeants and lieutenants include the police officers from the
2013 certified eligible list anticipated to be promoted to sergeant. The agreement is scheduled for ratification by the
bargaining unit members the week of September 9.
The tentative agreement covers October 1, 2012, - September 30, 2015. Concessions include: no cost of living adjustments
(COLAs) for 24 months and eliminating certain incentive pays. Pension benefit changes include a benefit multiplier of 3% for
first 20 years and 4% thereafter; maximum pension benefit of 85 percent; 5 year vesting period, final average monthly
earnings (FAME) highest 3 years; normal retirement based on rule of 70 with minimum age 47 (age 48 for post-2010 hires);
elimination of the option to purchase creditable service excluding military time; state imposed limitations of 300 hours of
overtime and elimination of accrued leave to purchase additional benefits. Pension plan changes for future bargaining unit
employees include: increasing the pension contribution from 10% to 10.5% of pensionable pay; increasing the FAME from 3
to the 5 highest years; and automatic membership and contribution into the pension plan upon hire.
In exchange for an additional step to the officer, sergeant and lieutenant classifications effective 04/01/2015, the FOP agreed
to concessions that will yield offsetting equivalent savings of approximately $1 million annually as of 09/30/2015. Those
savings will offset the annualized impact of the additional step for the mentioned classifications. Concessions include
eliminating state accreditation pay; reducing the quality of life pay from $67.00 to $26.00 per pay period; reducing the
Commission of Law Enforcement Accreditation (CALEA) pay from $40 to $20 per pay period; reducing the shift differential
pay by$.25 per hour, reducing of court time minimum guarantee from 4 to 3.5 hours.
The City agreed to a 3% COLA effective 10/01/2014; a non-pensionable hazardous duty payment of $100 biweekly, a
voluntary physical fitness assessment program providing a $500 incentive on a quarterly basis for those who qualify; (this last
provision sunsets upon expiration of the contract) reestablishing the sick sell back program provision for the term of the
contract; an infectious disease presumption.
Advisory Board Recommendation:
Budget Advisory Committee Pension Reform Initiative Recommendation Report August 2012
Financial Information:
Source of Amount Account
Funds:i 1 FY2012/13 Status Quo
2 FY2013/14 Implementation of pension changes for current and future employees; sick
$2,8731242 sell back program; voluntary annual fitness incentive program
el- 3 FY2014/15
$1,887,868
Total $4,761,110
Financial Impact Summary: The 3 year savings represents a per member impact of approximately ($13,188) and
concessions will yield recurring, long-term savings. The year one net present value of the savings over 30 years from
concessions from the FOP and IAFF is$145 million. Note, the annualized value of the voluntary physical fitness assessment
if all members were to receive would be $736,000. However, the proposed FY 2013/14 budget assumes that only half of the
membership will receive the benefit for a total of$368,000 per year.
City Clerk's Office Legislative Tracking:
S Ivia Cres o-Tabak, Human Resources Director
Sign-Offs:
Department Director Assistant City Manager City Manager
Sylvia Cres o-Tabak Kajhjq G.Wooks Jimmy L. Morales/�
AGENDA ITEM
� AA I AAA I B EAC H DATE _
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of t e City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 11, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, RATIFYING THE AMENDED THREE (3) YEAR LABOR
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL
ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8.9 FOR THE PERIOD
FROM OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2015; AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City's workforce is divided into seven salary groups: (1) those covered by the American
Federation of State, County and Municipal Employees, Local 1554 (AFSCME) bargaining unit; (2)
those covered by the Communications Workers of America, Local 3178 (CWA) bargaining unit; (3)
those covered by the Government Supervisors Association of Florida/OPEIU, Local 100 (GSAF)
bargaining unit; (4) those covered by the Fraternal Order of Police, William Nichols Lodge No. 8
(FOP) bargaining unit; (5) those covered by the International Association of Fire Fighters, Local
1510 (IAFF) bargaining unit; (6) Unclassified; and (7) "Others" (classified service employees not
represented by a bargaining unit).
During the October 1, 2009 — September 30, 2012, collective bargaining process the parties
negotiated changes that resulted in employee givebacks of over $15 million between Fiscal Years
(FYs) 2009/2010 and 2010/2011 and $20 million when you include in FY 2011/2012 the employee
givebacks attributable to those in the unclassified and others salary groups. These givebacks
included a number of pension changes applicable to current and future employees who participate in
the Miami Beach Employees' Retirement Plan (MBERP) and resulted in reducing the City's pension
contributions immediately and for the long-term.
Pension changes for the Fire and Police pension plan were negotiated for implementation in 2010;
however, they were insufficient to address the short-term and increasing benefit costs which, in
recent years, has represented the fastest growing cost in the City's budget.
The draft valuation for the Fire and Police pension plan estimates the City's Annual Required
City Commission Memorandum
September 11, 2013
FOP 2012-2015 Ratified Collective Bargaining Agreement
Page 2 of 10
Contribution (ARC) payable October 1, 2014, at $41.5 million prior to the 2013-2015 contract
changes. This represents an increase of$2.2 million when compared to last year.
In the adopted FY 2012/13 budget, employee givebacks represented $3.782 million in savings
(approximately $3 million in the General Fund) which were to be allocated among the seven salary
groups. The methodology to allocate the givebacks for each salary group was the proportionate
share of the City's total costs for pension and health benefits for FY 2012/13, as in recent years
these have been major personnel expenditure cost drivers. No savings were achieved from the
FOP salary group for FY 2013/14 as negotiations focused on achieving substantial and recurring
pension savings.
The FOP collective bargaining agreement for October 1, 2009, through September 12, 2012,
included employee concessions that provided a savings to the City's budget during the contract
period. The employee concessions agreed to by the FOP generated enough savings to address the
targeted employee givebacks established for FY 2009/10 and 2011/12. However, the concessions
that were negotiated were for an 18-month period and failed to provide the City with significant
recurring, long-term savings.
FOP's portion of the $3.782 million in employee givebacks for the current fiscal year (FY 2012/13)
was $1,396,000. In addition to that target, the Administration was directed by the City Commission to
negotiate Fire and Police pension plan changes that would generate $6 to $8 million in saving the
first year to the City's Annual Required Contribution (ARC). Negotiated pension changes were also
to yield a reduction to the Unfunded Actuarial Accrued Liability (UAAL).
On September 30, 2012, the 2009-2012 collective bargaining agreement between the City of Miami
Beach and the FOP expired. The City and FOP began meeting in September 2012, and after ten
formal negotiation sessions and,several informal discussions, on July 5, 2013, the parties reached a
tentative three-year agreement covering October 1, 2012, through September 30, 2015.
ANALYSIS
On July 19, 2013, the Commission ratified, by a vote of six to one, the tentative agreement between
the City of Miami Beach and the FOP with two amendments from the dais: (1) reducing additional
pension benefits to 11% of an employee's salary, excluding current sergeants and lieutenants, as
opposed to the concession being applicable to new employees only as tentatively agreed to; and (2)
increasing the voluntary physical fitness assessment program from once a year with a $500
payment for a passing score to having the assessment and attendant extra pay take place quarterly,
giving employees who participate successfully the opportunity for an additional $2,000 per year.
The FOP counter proposed that the exclusion carved out for sergeants and lieutenants include the
police officers from the 2013 certified eligible list anticipated to be promoted to sergeant. The parties
agreed to this proposal.
The City initially proposed the Budget Advisory Committee's (BAC) recommendation of a hybrid plan
for new and non-vested employees in the Fire and Police pension plan. The BAC's
recommendations were anticipated to save $2.5 million in year one and $74 million in net present
value over thirty years. Based„ on the October 1, 2011, Valuation, the City's actuary updated the
estimated figures associated with the BAC's recommendations which resulted in an estimated
savings of$3.6 million in year one.
City Commission Memorandum
September 11, 2013
FOP 2012-2015 Ratified Collective Bargaining Agreement
Page 3 of 10
The tentative agreement was presented at the July 17, 2013, City Commission meeting even though
the FOP had not scheduled the ratification vote for their membership. The tentatively agreed upon
terms, including the amendments subsequent to the July 17, 2013, meeting, are provided below.
The negotiated terms between the City and the FOP included:
Pension Adjustments/Changes
The tentative agreement between the City and FOP provides for several pension changes applicable
to current and future employees, including the following:
• Final Average Monthly Earnings (FAME) — Effective September 30, 2013, the FAME for
current FOP bargaining unit employees hired prior to ratification of the agreement will be the
average of the three (3) highest years; for employees hired after the FOP membership's
ratification date the FAME will be the average of the highest of five (5) years.
• Maximum Benefit — Currently, the maximum pension benefit is 90 percent of pensionable
earnings. Effective September 30, 2013, the maximum benefit will be reduced to 85 percent
of pensionable earnings. Employees, who as of September 30, 2013, have attained the
pension benefit of 85 percent or higher, are eligible to continue to earn up to the 90 percent
maximum benefit.
• Vesting—The vesting period was reduced from ten to five years.
• Prior Creditable Service — Currently, upon completion of ten years of creditable service
(vesting) with the City, employees can purchase prior creditable service of up to two years of
full-time public safety service as a public safety officer prior to City employment; up to four
years of military service and up to an additional six percent multiplier on the additional
creditable service years purchased. The maximum benefit purchased cannot exceed 12
percent.
Effective September 30, 2013, bargaining unit employees may purchase only military service
for up to two years, at three percent each year for a maximum benefit of six percent. The
employee will pay the equivalent of his/her contribution amount in effect at the time of
purchase (10 percent per year of purchase for employees hired prior to ratification of this
agreement and 10.5 percent per year of purchase for employees hired thereafter).
• Probationary Period and Contribution of Pensionable Earnings — All new-hires will become
members of the Fire and Police pension plan effective on their hire date and will contribute
10.5 percent of their pensionable earnings.
• Overtime, Off-duty and Accrued Leave — In the past, employees were able to apply unused
sick and/or vacation time for inclusion in their salary for pension purposes at the equivalent
rate of their employee pension contribution. For example: for each $100 of unused sick
and/or vacation time (at the member's hourly rate), $90 was applied toward their FAME and
$10 contributed to the pension fund. As a result of recent changes in Florida statutes,
accrued leave can no longer be used to increase pension benefits and the application of
overtime toward the FAME is limited to 300 hours.
City Commission Memorandum
September 11, 2013 _
FOP 2012-2015 Ratified Collective Bargaining Agreement
Page 4 of 10
• Deferred Retirement Option Plan (DROP) and Retiree COLA — Bargaining unit employees
hired prior to July 14, 2010, have a 2.5 percent annual retiree COLA, unless they entered the
DROP after September 1, 2012, and forfeited the retiree COLA for years three and four in
the DROP.
Bargaining unit employees hired on or after July 14, 2010, are eligible for a 1.5 percent
annual retiree COLA.
Any member who joins the DROP on or after September 30, 2013, will be eligible for the
retiree COLA each year they participate in the DROP. The increase associated with the
COLA shall be based on the individual employee's hire date (2.5 percent for all pre-2010
members and 1.5 percent for all post-2010 members).
• DROP and Leave Payouts— Effective October 1, 2013, any bargaining unit member currently
participating in the DROP, or who enters the DROP, may elect to request a full or partial
payment of earned sick and vacation leave balances up to the maximum amount stipulated
in the collective bargaining agreement and applicable pension ordinance. Eligible employees
will have until June 30 of each year to exercise this one-time option, and receive payment
during the first pay period ending in October of the same year. Any amount paid out to an
employee upon entering the DROP will be deducted from the cap of their maximum leave
payout upon leaving the DROP.
• Miami Beach Employees' Retirement Plan (MBERP) Service Transfer— Upon ratification of
the collective bargaining agreement, MBERP members will not be eligible to transfer
creditable service time from MBERP to the Fire and Police pension plan if they are
subsequently employed in a classification covered by the FOP bargaining unit.
• Retirement Age — Under the current contract, employees hired prior to July 14 2010, can
retire at either the rule of 70 (age plus creditable years of service) or at age 50. Effective
September 30, 2013, employees hired before July 14, 2010, may retire based on the rule of
70 with a minimum age_of 47. Employees hired on or after July 14, 2010, may retire based
on the rule of 70 with a of
age of 48.
Because members who have already purchased additional creditable service may reach the
maximum benefit of 85 percent prior to age 47, the City has agreed that upon members
reaching maximum pension benefit (prior to normal retirement age 47), the employees shall
continue to work until they reach the minimum retirement age. The employees' pension
contributions shall cease and they shall also cease earning additional pension benefits
toward their FAME.
• Benefit Multiplier— Effective September 30, 2013, the benefit multiplier for all bargaining unit
members shall be three percent per year for years one through twenty, and four percent per
year thereafter.
Summary of Changes for Employees Hired on or after July 17, 2013
• Employee pension contribution = 10.5% of pensionable earnings
• FAME = five highest years
City Commission Memorandum
September 11, 2013
FOP 2012-2015 Ratified Collective Bargaining Agreement
Page 5 of 10
• Enter directly into the Fire and Police pension plan upon hire date (vs. currently entering
upon successful completion of probationary period - 18 months for police officer).
• Combined overtime pay and compensation for off-duty services included in a member's
salary shall not exceed eleven percent of the highest annualized pay rate for the same salary
rank the member is in at time of retirement
According to Buck Consultants, the Fire and Police pension board actuary, the aforementioned
negotiated pension changes with FOP (and IAFF) are projected to generate savings as follows:
ARC Savings Unfunded Liability Savings
in Millions in Millions
Year 1 $5.666 $24.37
Year 2 $6.034 $24.25
Year 3 $6.391 $23.55
Year 4 $7.065 $30.02
Year 5 $7.988 $34.56
Year 6 $8.721 $40.41
The projected 30-year net present value savings for these changes is estimated at $145 million. The
draft Actuarial Impact Statement by Buck Consultants is provided as Attachment 1.
ECONOMIC PROVISIONS
In addition to the pension reform agreed upon, the following is a summary of other items tentatively
agreed to by the parties.
• Cost of Living Adjustment(COLA)
• Effective October 1, 2012, there will be no across-the-board wage increases.
• Effective October 1, 2013, there will be no across-the-board wage increases.
• Effective October 1, 2014, there will be a three percent (3%) across-the-board wage
increase that will raise the minimum and maximum of the salary ranges for all
classifications covered by the FOP bargaining unit. The FY 2014/15 estimated impact
to the City is $811,156.
• Step Increases
• Effective April 1, 2015, there shall be an additional step added to the maximum of the
pay scales for the police officer, sergeant of police and lieutenant of police
classifications. _
• Effective April 1, 2015, any members who on April 1, 2014, were at the maximum of
the range of their current classification, will have their salaries adjusted by the newly
added step. This increase will adjust the employee's anniversary date to April 1.
Thereafter, employees who reach the maximum of their current classifications will be
placed into the newly added step effective on their respective anniversary dates. The
City Commission Memorandum
September 11, 2013
FOP 2012-2015 Ratified Collective Bargaining Agreement
Page 6 of 10
estimated impact for FY 2014/15 is $489,882. The annualized impact for FY 2015/16
is $1,003,162.
Agreement regarding these additional steps resulted from concessions that resulted
in equivalent, recurring savings in order to offset the estimated annualized impact
$1,003,162.
• Concessions to Offset the Additional Step Added to the Maximum of the Range for Police
Officer, Sergeant and Lieutenant Classifications Effective April 1, 2015
• Elimination of State Commission for Florida Law Enforcement accreditation pay
effective October 1, 2014. The estimated savings is ($95,680) in
FY 2014/15 and each year thereafter.
• Reduction of Quality of Life incentive pays from $67.00 to $26.00 biweekly effective
October 1, 2014. The estimated annualized savings is ($392,288), in FY 2014/15
and each year thereafter.
• Reduction in Commission on Accreditation of Law Enforcement Agencies (CALEA)
pay from $40.00 to $20.00 effective September 30, 2015. The estimated annualized
savings is ($191,360) and will be realized in FY 2015/16 and each year thereafter.
• Reduction in shift differential pay by $.25 per hour (midnight shift reduced from $1.00
to $.75 per hour and afternoon shift reduced from $.75 to $.50 per hour) effective
September 30, 2015. The estimated annualized savings is ($112,994) and will be
realized in FY 2015/16 and each year thereafter.
• Minimum court time compensation during an employee's off duty hours was reduced
from four to three and one half hours effective September 30, 2015. The estimated
annualized savings is ($210,840) and will be realized in FY 2015/16 and each year
thereafter.
It should be noted that the above referenced concessions will be the status quo upon
expiration of the collective bargaining agreement September 30, 2015. Therefore, the City
will continue to recognize recurring savings based on these concessions unless the City and
FOP collectively bargain changes to these concessions.
• Annual Sick Sell Back Pilot Program — Effective October 1, 2013, the City will reinstitute a
sick leave sell back program. The purpose of this program is to provide an incentive for
employee to use less sick leave and increase the "show-up rate". This should result in a
reduction in overtime due to staffing shortages and its associated costs.
The "show-up rate" has-been identified as a significant driver of overtime costs in the Police
Department. The sick leave sell back program allows employees to sell back or cash out up
to 96 hours, payable in November of each year that the program is in effect, as long as the
employee retains a minimum of 360 combined sick and vacation leave hours and meets
other requirements outlined in the program.
The maximum number of sick leave hours eligible for the sell back shall be reduced by the
City Commission Memorandum
September 11,2013
FOP 2012-2015 Ratified Collective Bargaining Agreement
Page 7 of 10
equivalent number of sick leave hours the employee used during the applicable annual sell
back period; e.g., if an employee used ten hours of sick time, then he/she is eligible to sell
back only 86 hours. October 1, 2013, through September 30, 2014, is the first year of the
program with payment to qualifying participants in November 2014; year 2 begins with the
fiscal year, October 1, 2014, through September 30, 2015, with payment to qualifying
participants in November 2015.
Based on participation-patterns when the program was in effect during the 2006-2009
contract in FY 2013/14, a 50 percent participation rate assumption yields a cost of $593,520
per participant which should be offset by the concomitant reduction in overtime pay
($660,000). The same assumption results in a cost of $669,402 in FY 2014/15 which should
be offset by a reduction in overtime costs of ($660,000). The net anticipated impact for FY
2013/14 is a savings of($66,480) and FY 2014/15 represents a net estimated cost of$9,402.
This pilot program will sunset September 30, 2015.
The maximum exposure based on 100 percent participation is a cost of $1,187,040 in year 1
attributed to the sell back of sick hours offset by a maximum overtime savings of
($1,320,000). In Year 2, the maximum exposure, also based on 100 percent participation, is
a cost of $1,338,800 attributed to the sell back of sick hours, offset by a maximum overtime
savings of($1,320,000).
• Hazardous Duty Pay —.Effective April 1, 2015, employees shall receive a biweekly, non-
pensionable, payment of $100. The impact to FY 2014/15 is $473,200, with an annualized
impact of$946,400 beginning in FY 2015/16.
In recent years the State of Florida Division of Retirement has become more flexible in
interpreting language agreed to through the collective bargaining process. That said, there
still is a risk the State may rule this pay is pensionable.
• Voluntaa Physical Fitness Incentive Program — Effective October 1, 2013, to promote
employee health and well-being, a voluntary program of law enforcement fitness
assessments will be conducted on a quarterly basis. The City shall determine the physical
fitness standards measured during the assessments and the passing criteria. Employees
who elect to participate shall be eligible for a quarterly $500 non-pensionable payment for
every quarterly assessment in which they attain a passing score.
This program shall end September 30, 2015, unless the Police Chief determines the results
justify its continuation. The estimated impact, assuming all members qualify for the quarterly
payment each quarter is $736,000 per year, representing a total impact of$1,472,000 for the
contract period. *Note: The initial terms of this provision was for the assessment to be offered
once per year. At the July 17, 2013 City Commission meeting, an amendment was made on
the floor and approved by the City Commission (vote of 6-1) to offer the voluntary
assessment on a quarterly basis and the FOP leadership subsequently agreed to present the
amendment to its members for ratification.
• Infectious Disease Presumption — The City and FOP have agreed that contraction of any of
the diseases mentioned- herein shall be presumed to have been accidental and suffered in
the line of duty, subject to having had a documented incident and other requirements as
City Commission Memorandum
September 11,2013
FOP 2012-2015 Ratified Collective Bargaining Agreement
Page 8 of 10
outlined in the tentative collective bargaining agreement.
Effective October 1, 2013, bargaining unit employees will have an infectious disease
presumption. This means that if current employees and new-hires comply with the testing
requirements and test negative, if they subsequently test positive for Human
Immunodeficiency Virus/Acquired Immune Deficiency Syndrome (HIV/Aids), Hepatitis,
Pulmonary Tuberculosis or Meningococcal Meningitis, the assumptions is that the condition
is job related.
To be eligible, current employees must submit to post-employment medical screenings and
new employees will be tested as part of their routine pre-employment physical. Current
employees will be tested at a medical facility selected by the City and on the FOP Health
Trust's list of approved providers. The purpose of the test is to determine that there is no
evidence of the aforementioned diseases. Findings will be submitted by the testing medical
doctor to the City's risk manager. Thereafter, employees will be required to document and
report any subsequent exposures in the line of duty.
The FOP Health Trust shall incur the costs associated with establishing a baseline medical
screening for current employees covered by the Trust. Those who are not members of the
Health Trust shall incur the cost of the testing if they want to avail themselves of the
presumption at a future date.
The City will bear the cost future employee testing by including the baseline testing in the
pre-employment medical screening process.
Currently, worker's compensation benefits are available to employees who submit
appropriate and reasonable proof they were infected in the line of duty.
NON-ECONOMIC PROVISIONS
• Drug/Alcohol Testing — Last Chance Agreement — The City has agreed to establish an
opportunity for a last chance agreement when a member tests positive for either alcohol or
illegal/controlled substances under the City's applicable random, post-accident or reasonable
suspicion drug/alcohol testing policies. Offering an employee a last chance agreement shall
be at the City Manager's sole discretion. Offering an employee a last chance agreement
does not preclude the City from taking concurrent disciplinary action or protect the employee
from decertification by the Florida Department of Law Enforcement (FDLE).
• Promotional Testin_g
• The City recognizes the value of post secondary education and has agreed with the
FOP to implement a provision whereby points shall be added to an employee's
passing promotional examination score for each completed credit of post secondary
education from an accredited institution of higher learning.
• The current promotional process requires that a certified promotional eligibility list
remain in effect for 18 months, while requiring the City to offer a promotional exam 24
months from the date the promotional eligibility list is certified. Based on this process,
there is a gap of six months from expiration of the certified eligibility list to when a new
City Commission Memorandum
September 11,2013
FOP 2012-2015 Ratified Collective Bargaining Agreement
Page 9 of 10
examination is offered to qualifying employees who wish to apply for a promotion
within the Police Department. The City and FOP have agreed to extend the
expiration of the certified promotional eligibility lists for sergeants and lieutenants from
18 months to 24 months. The City shall start the promotional testing process nine
months prior to the expiration of the promotional eligibility list(s).
• Job Audit of Detention Officer Classification —The City has agreed to conduct a job audit of
the detention officer classification.
• Establishment of Post Employment Health Program (PEHP) — A PEHP provides employees
with a mechanism to establish a savings account for medical costs when employees retire.
Effective October 1, 2013, all FOP bargaining unit members shall begin contributing $25.00
per pay period toward a PEHP. They shall also contribute 10 percent of their leave pay outs
upon separation from the City.
In accordance with Internal Revenue Service (IRS) requirements to be a recognized PEHP,
the established contribution rate is mandatory for all bargaining unit members. The City
agreed to this benefit as longs as it does not result in any costs to the City. Administrative
fees/costs shall be incurred by the FOP Health Trust or PEHP.
• Domestic Partnership Tax Credit — The parties agreed that upon ratification of this
agreement and for as long as the federal tax code imposes a heavier tax burden upon City
employees with domestic partners who elect to purchase dependent medical and dental
health insurance over that of their married counterparts, the City will reimburse those
employees for the additional tax assessed. The parties further agreed that this
reimbursement is non-pensionable income to the employees.
As previously stated, on July 19, 2013, the City Commission adopted, by a vote of 6-1 a resolution
ratifying the three-year labor agreement. The adopted resolution included two amendments to the
tentative agreement. Since these amendments had not been collectively bargained, ratification of
the agreement was subject to the FOP leadership accepting the amendments and subsequent
ratification by the membership.
Specifically, the City Commission amended the tentative agreement that effective upon ratification,
combined overtime pay and compensation for off-duty services that are included in a member's
salary shall not exceed eleven percent of the highest annualized pay rate for the salary rank the
member is in at time of retirement. Current sergeants and lieutenants were to be grandfathered in
and would continue to maintain the current benefit provided for in the pension ordinance. (The
ordinance currently provides for a maximum additional benefit not to exceed seventy percent of the
difference between the member's annualized pay rate at retirement and the highest annualized pay
rate for the next higher salary rank.)
Subsequent to the July 17, 2013, City Commission meeting, the Administration tentatively agreed to
further extend the grandfather exception in the amended contract to include any police officer who is
promoted to sergeant prior to expiration of the 2013 promotional eligibility list. Buck Consultants, the
Fire and Police pension plan actuary, has confirmed that grandfathering these employees will not
have an actuarial impact to the plan.
City Commission Memorandum
September 11, 2013
FOP 2012-2015 Ratified Collective Bargaining Agreement
Page 10 of 10
CONCLUSION
The terms and conditions of the proposed three year labor agreement between the City and FOP
assumes no financial impact for FY 2012/13; a savings of ($2,873,242) for FY 2013/14; and
($1,887,868) for FY 2014/15. The total estimated three year impact is approximately ($4.76) million.
It is important to note that the full annualized value of the voluntary physical fitness assessment if all
members were to receive would equate to a cost to the City of $736,000 per year. However, the
proposed FY 2013/14 budget assumes that only half will qualify, for an annualized amount of
$368,000.
The significant changes to pension benefits for current employees will result in long-term, recurring
pension savings. Based on the Actuarial Impact Statement provided by Buck Consultants, the total
pension plan savings for both Fire and Police which, include changes for future employees, will yield
a savings of ($5.66 million) in FY 2013/14 and a savings of ($6.034) in FY 2014/15, for a total
savings of ($11.694) million. Based on percent of payroll, the pension changes agreed to by FOP
result in a savings of ($3.6 million) in FY 2013/14 and a savings of ($3.84) in FY 2014/15, for a total
savings of($7.45) million.
The FOP has scheduled the bargaining unit ratification vote for the week of September 9, 2013. The
City anticipates receiving the results from the membership ratification vote on Friday, September 13,
2013, and will provide the City Commission with the certified results as soon as they are received.
The Administration recommends adopting the resolution to ratify the three-year labor agreement with
the FOP bargaining unit for the period October 1, 2012, through September 30, 2015, subject to the
outcome of the ratification vote by the FOP membership.
Attachment
JLM/KGB/SC-T/CMG
T:WGENDA\2013\September 11\FOP\FOP 2012-2015 Labor Agreement Memo.docx
ATTACHMENT 1
buckconsultants A Xerox Company
P Y
July 26, 2013
CONFIDENTIAL
Ms. Kathie Brooks
Assistant City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Kathie:
Actuarial Impact of Proposed Plan Changes to the City Pension Fund for Police Officers
and Firefighters in the City of Miami Beach
As requested, we have calculated the estimated impact of the proposed changes to the City
Pension Fund for Firefighters and Police Officers in the City of Miami Beach (Pension Fund).
Summarized below are the proposed plan changes and the cost impact of these changes.
A combination of the following changes to the Pension Fund:
• Amend the Plan's Final Average Earnings calculation, for participants hired prior to July
171 2013, from the average of the highest 2 years of compensation to the average of the
highest 3 years of compensation effective for fiscal years ending after September 30,
2015.
• .Amend the Plan's Final Average Earnings calculation, for participants hired on or after
July 17, 2013, from the average of the highest 3 years of compensation to the average of
the highest 5 years of compensation effective for fiscal years ending after September 30,
2015.
• Extend the Benefit Accrual Rate of 3% per annum up from 15 years of service to 20
years of service with a 4% multiplier for service greater than 20 years, subject to a
maximum pension benefit of 85% of Final Average Earnings. Participants exceeding
85% of their pension benefit at September 30, 2013 will be grandfathered at 90%.
• Amend the rule of 70 (age plus service) criteria to require participants to also attain age
47, for participants hired prior to July 15, 2010, with the exception of three members.
These three members will not be subject to the minimum age requirement under the rule
of 70. For participants hired after July 14, 2010 the rule of 70 (age plus service) will be
amended to require participants to also attain age 48.
• Freeze the cost of living adjustment component for salary increases in fiscal years
2012/2013 and 2013/2014 and grant a cost of living adjustment of 3% in fiscal year
2014/2015.
i
Ms. Kathie Brooks
July 26, 2013
Page 2
• Change the vesting requirement from 10 years of service to 5 years of service.
• Eliminate the ability to purchase prior creditable service or additional multiplier except
for prior military service up to 2 years at 3% each year for a maximum of 6%. The cost to
the employee would be at 10% for those hired prior to July 17, 2013 and 10.5% for those
hired on or after July 17, 2013.
• Reinstate the annual cost of living adjustment in all years for participants who enter the
DROP on or after September 30, 2013.
• Eliminate the use of accrued leave to purchase additional benefits and cap the maximum
overtime hours that can be used for pensionable pay at 300 hours per Florida statute.
•.. Eliminate the ability to transfer creditable service from the Miami Beach.Employees
Retirement Plan(MBERP) to the Miami Beach Fire and Police Pension Plan.
• Overtime, off-duty and unused sick and/or vacation leave for current and new entrant
Police Officers (excluding police officers currently at the rank of Sergeant or Lieutenant)
that can be included in the computation of pensionable pay is limited to 11% of the
highest annualized pay rate for the same salary rank of the member at the time of
retirement. Police Officers at the rank of Sergeant and Lieutenant at date of ratification of
the contract will continue at 70% of the difference between the next highest classification
and their current classification
• Eliminate the probationary period for new hires to become participants in the pension
plan.
• Extension of Ranges for Firefighter I, Police Officer, Sergeant of Police and Police
Lieutenant effective April 1, 2015 (Proposed Maximum includes the 3% COLA payable
on October 1, 2014 and 5% additional Step effective April 1, 2015 for eligible members)
Current Current Proposed Proposed
Minimum Maximum Minimum Maximum`
Firefighter I- 45,139:11 74,745.85 45,139.11 80,837.64
Day Shift
Police Officer 533,309.01 75,033.33 535309.01 81,148.55
Police Sergeant 78,748.42 86,852.71 78,748.42 93,931.21
Police 86,852.71 100,532.31 86,852.71 1081725.69
Lieutenant
• Any covered employee hired prior to July 14, 2010 who completes a buyback of prior
creditable service prior to September 30, 2013 and reaches the maximum pension benefit
of 85% prior to reaching age 47, the employee contribution shall cease on the date such
employee reaches the 85% maximum pension benefit, and his/her final average monthly
earnings (FAME)will be frozen on the same date.
Ms. Kathie Brooks
July 26, 2013
Page 3
Cost Impact of Plan Changes:
The 30 year cost impact of the combined code changes outlined above is outlined in appendix A
attached to this letter.
Data, assumptions,Methods and Plan Provisions:
The calculations contained in this study are based on the data, assumptions, methods and plan
provisions used for the October 1, 2012 actuarial valuation of the System. The salary scale
assumption has been reduced to reflect the cost of living freeze reference above. I am an
Enrolled Actuary and meet the qualification standards of the American Academy of Actuaries to
render the actuarial opinion contained in this letter.
Please note that any changes to Pension Fund would need to be documented in an impact
statement and submitted to the State for acceptance. If you have any questions, please do not
hesitate to contact me.
Sincerely,
JOS4 L. Griffin ASA, EA, MAAA, FCA
Director, Consulting Actuary
cc: Mr. David Campbell—Buck Consultants/Atlanta
Mr. Steward Sainvil—Buck Consultants/Atlanta
PARetirement\Miami Beach Fire and Police\2013\Union PricingTorrespondence\2013 Union Negotiation Pricings Results-Scenario 5.docx
00993-0001 RET03
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— a
EXHIBIT A
AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
and
MIAMI BEACH FRATERNAL ORDER OF POLICE
WILLIAM NICHOLS LODGE NO. 8
Period Covered
I October 1, 200912 through September 30, 204215
TABLE OF CONTENTS
PAGE NUMBER
AGREEMENT& PREAMBLE.....................................................................................................1
ARTICLE1. RECOGNITION .................................................................................................. 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.................................................... 5
Section 3.2. Grievance Procedure................................................................................ 5
Step1................................................................................................... 5
Step2.................................................................................................. 6
Step3................................................................................................... 6
Section 3.3. Binding Arbitration.................................................................................... 6
Section 3.4. Authority of Arbitrator............................................................................... 6
Section 3.5. Expenses of Arbitration............................................................................ 7
Section 3.6. Processing Grievances........................................................................... 7
Section 3.7. Election of Remedies.............................................................................. 7
Section 3.8. Probationary Period ................................................................................ 7
Section 3.9. FOP Grievance Committee...................................................................... 7
Section 3.10. Waiver of Time Limitations or Steps......................................................... 7
ARTICLE 4. NO STRIKE AND NO LOCKOUT...................................................................... 8
Section4.1. No Strike................................................................................................... 8
Section4.2. No Lockout ............................................................................................... 8
ARTICLE 5. MANAGEMENT RIGHTS ................................................................................... 9
ARTICLE 6. POLICE EQUIPMENT...................................................................................... 10
ARTICLE 7. HOURS OF WORK AND OVERTIME............................................................... 11
Section7.1. Purpose................................................................................................... 11
Section 7.2. Normal Workweek.................................................................................... 11
Section 7.3. Four-Day Workweek................................................................................ 11
Section 7.4. Weekly Overtime ..................................................................................... 11
Section 7.5. Distribution of Overtime Opportunity........................................................ 11
Section 7.6. No Pyramiding. .........................................................................................12
FOP-ii
TABLE OF CONTENTS
PAGE NUMBER
ARTICLE 8. WAGES AND FRINGE BENEFITS................................................................... 13
ISection 8.1. Wag Across-the-Board Wage Increases......................................................13
Section 8.2. Police Vehicle Policy................................................................................ 13
Section 8.3. Compensation Plan.................................................................................. 15
Section 8.4. Step and Longevity Increases..................................................................16
Section 8.5. Shift Differential ........................................................................................16
Section8.6. Holidays................................................................................................... 17
Section 8.7. Vacation Benefits..................................................................................... 17
Section 8.8. Sick and Vacation Leave Accrual and Payment on Termination...............17
Section 8.9. Bereavement........................................................................................... 18
Section 8.10. Court Time Compensation ........... 18
Section 8.11. Out-Of-Classification Pay...............................................................19
Section8.12. Standby Pay .......................................................................................... 19
Section8.13. Call-In Pay..................................................................................19
Section 8.14. Sunglasses and Prescription Glasses.....................................................20
Section 8.15. Field Training Officer.............................................................................. 20
Section 8.16. Injury Service Connected....................................................................... 20
Section 8.17. Special Assignment Allowance .............................................................. 21
Section 8.18. Extra Weapon........................................................................................ 21
Section 8.19. Quality of Life......................................................................................... 21
Section 8.20. Forced Holdover.................................................................................... 21
Section 8.21. Pension and DROP................................................................................ 22
Section 8.22. Premium Pay Supplement ......................................................................27
SeGtiOR 8.23.B iybaG of DrE)hn+iE)RaFy Time............................................................... Cr
Section 8.24. "Me Too"with the IAFF.......................................................................... 27
Section 8.25. CJSTC Police Instructor Incentive Pay................................................... 27
ARTICLE 9. FOP HEALTH TRUST...................................................................................... 29
Section9.1. ...................................................................................................................29
Section9.2. ...................................................................................................................31
Section 9.3. ...................................................................................................................
32
Section9.4. ...................................................................................................................32
Section 9.5. ...................................................................................................................
32
Section 9.6. ...................................................................................................................
32
Section9.7. .................................................................................................................. 33
Section9.8. .................................................................................................................. 33
Section9.9. .......... .......................................................................................33
Section 9.10 Post Emplovment Health
Program.. .33
FOP-iii
TABLE OF CONTENTS
PAGE NUMBER
ARTICLE 10. EDUCATIONAL LEAVE AND TUITION REFUND.................................34
ARTICLE 11. GENERAL PROVISIONS
Section 11.1. Safety and Health .................................................................................. 35
Section 11.2. FOP Activity and Non-Discrimination ..................................................... 35
Section 11.3. Reduction In Work Force ....................................................................... 35
Section 11.4. Uniforms and Clothing Allowance .......................................................... 35
Section 11.5. Disclosure of Records............................................................................ 36
Section11.6. Transfers ............................................................................................... 36
Section 11.7. Meeting Between Parties........................................................................36
Section 11.8. Negotiating Sessions............................................................................. 37
Section 11.9. Job Descriptions....................................................................................
37
Section 11.10. Defense of Members............................................................................ 37
Section 11.11. Personnel Rules and Departmental Manual......................................... 37
Section 11.12. Incorporation of Personnel Rules......................................................... 37
Section 11.13. Medical Leave of Absence................................................................... 37
ARTICLE 12. SEPARABILITY .............................................................................................. 38
ARTICLE13. TIME BANK..................................................................................................... 39
ARTICLE 14. DRUG TESTING.............................................................................................. 41
ARTICLE 15. urDISEASE PRESUMPTION................................ ......... 42
.........................
ARTICLE 16. PROMOTIONS.................................................................................................
43
Section16.1. ................................................................. ....... 43
........................................
Section16.2. ................................................................................................................ 43
Section16.3. ................................................................................................................ 43
Section16.4. ................................................................................................................ 44
Section 16.5. Seniority Points...................................................................................... 44
Section 16.6 Education
Points.. .44
Section 16.07. Book Committee .................................................................................. 44
Section 16.78. Written Test Scoring .............................................................................44
Section 16.,99. Assessment Ge to —eF Behavioral Assessment Tes.GeMPGR
Challenges........................................................................................................ 45
Section16.010. .......................................................................................................... 485
Section16.4110. .......................................................................................................... 45
FOP-iv
TABLE OF CONTENTS
PAGE NUMBER
ARTICLE 17. FOP PRESIDENT............................................................................................. 46
Section17.1. ................................................................................................................ 46
Section17.2. ................................................................................................................ 46
Section17.3. ................................................................................................................ 47
ARTICLE 18. DETENTION OFFICERS EOPE ' ............................................................. 48
ARTICLE 19. ENTIRE AGREEMENT..................................................................................5249
ARTICLE 20. TERM OF AGREEMENT...................................................................................50
ELECTIONOF REMEDY FORM ............................................................................................. 51
HEARING EXAMINER RULES .............................................................................................. 52
APPENDIX A— COMPENSATION PLAN .............................................................................. 54
FOP-v
AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
1 204-013, 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
I to provide for the continued and efficient operation of the City's Police Department;: and to
provide for an orderly and prompt method of handling and processing grievances; and
WHEREAS, the FOP and the City agree to seek and maintain high standards for the
operation of the Police Department;
NOW, THEREFORE, the parties agree as follows:
FOP- 1
I
ARTICLE 1
RECOGNITION
The City recognizes the FOP as the sole and exclusive bargaining representative for the
purpose of wages, hours, and other terms and conditions of employment for employees in the
following classifications in the Police Department(hereafter"employees"):
Trainees
Police Officers
Sergeants of Police
Lieutenant of Police
Detention Officers
All other employees in other existing classifications are specially excluded.
FOP-2
. I
ARTICLE 2
DEDUCTION OF DUES
Section 2.1 — Check-off
Upon receipt of a lawfully executed written authorization from an employee which is presented
to the City by an official designated by the FOP in writing, the City agrees during the term of this
Agreement to deduct biweekly FOP dues of such employees from their pay and remit such
deductions to the FOP Treasurer within fourteen (14) calendar days however, such
authorization is revocable at the employee's will upon thirty (30) days' written notice to the City
and the FOP. The City shall deduct the dues from the FOP members who have authorized
such a deduction in the following manner: Each member's biweekly wages shall be reduced by
the amount equal to one and one half percent (1.5%) of the annual minimum of the pay range of
the Police Officer Classification, divided by twenty-six (26) pay periods.
For example:
The current annual minimum for the Police Officer Classification is $51,756.3653,309.01.
$53,309.01 ; 36 x 76.34 /26 = $ 30.76
$24-.9610.76 shall be deducted biweekly from the member's paycheck.
The FOP shall be responsible for advising the City of any change in the percentage of dues
calculation in writing. The City shall revise the calculation for each authorized deduction
whenever a change to the annual minimum of the pay range of the Police Officer Classification
is made, or whenever so notified in writing by the FOP of a change in the percentage.
The City agrees to use diligence in making prompt delivery of monies owed to the FOP. The
charge for dues deductions shall be calculated by multiplying one average run of check-offs by
four(4) and multiplying the product by seven cents ($0.07). The City shall notify the FOP of the
amount owed no later than September 1 of each year. The FOP shall make payment to the City
no later than September 30 of each year. The FOP will notify the City in writing of the exact
amount of such uniform membership dues to be deducted. The FOP will notify the City thirty
(30) days prior to any change in its dues structure or if there are additions or deletions to the
established check-off list.
I
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
FOP-3
(30) days' written notice to the City and the FOP. There will be no charge to the FOP for Legal
Services Trust Fund deductions.
The FOP will notify the City in writing of the exact amount of such uniform Legal Services Trust
Fund deductions. The FOP will notify the City thirty (30) days prior to any change in the
deduction structure or if there are additions or deletions to the established Legal Services Trust
Fund deduction structure.
Section 2.3— Indemnification
The FOP agrees to indemnify and to hold the City harmless against any and all claims, suits,
orders, or judgments brought or issued against the City as a result of any action taken or not
taken by the City under the provisions of this Article; provided, that the City will not be
indemnified or held harmless for any intentional-tort. This indemnification is not intended to
cover claims made by, or on behalf of the FOP.
FOP-4
ARTICLE 3
GRIEVANCE PROCEDURE
Section 3.1 — Definition of Grievance and Time Limit for Filing
A grievance is a dispute involving the interpretation or application of the express terms of this
Agreement, excluding matters not covered by this Agreement; or where Personnel Board rules
and regulations are involved; provided that disciplinary actions, including discharges, may be
grieved under this Article, as provided herein. See Section 3.7 (Election of Remedies) for
procedures to be utilized in particular circumstances. No grievance shall be entertained or
processed unless it is submitted within twenty (20) workdays (excluding Saturday, Sunday, or
holidays recognized by the City) after the occurrence of the first event giving rise to the
grievance or within twenty (20) workdays after the employee, through the use of reasonable
diligence, should have obtained knowledge of the occurrence of the first event giving rise to the
grievance.
Section 3.2—Grievance Procedure
The FOP shall have the right to initiate and process grievances on its own behalf or on behalf of
named members of the bargaining unit. However, the FOP shall have the right in its sole
discretion not to process grievances on behalf of bargaining unit members who are not
members of the FOP, provided it notifies said employee of its decision not to proceed.
Grievances shall be processed, individually, as follows:
Step 1: The grievance shall be presented, in writing on the Grievance Form supplied
by the City, to the employee's unit or division commander or a designated
representative, who shall answer within five (5) workdays after such receipt.
The employee will also provide the FOP with a copy of said grievance.
Step 2: If the grievance is brought by the FOP on its own behalf, or if the grievance
is brought on behalf of an individual(s) and is not settled in Step 1 and an
appeal is desired, it shall be referred in writing to the Police Chief or his
designee. The Election of Remedy Form shall be completed and signed by
the FOP and/or the grievant, and attached to the Step 2 grievance. The
Police Chief shall discuss the grievance within ten (10) workdays with the
employee and the FOP grievance committee at a time designated by the
Police Chief. If no settlement is reached, the Police Chief shall give the City's
written answer to the employee and the FOP grievance committee within five
(5)workdays following their meeting.
FOP-5
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 least one employee of the named class and FOP grievance
committee desire to appeal, it shall be appealed in writing to the City
Manager or his designee for Labor Relations within fifteen (15) workdays
after the City's answer in Step 2. A meeting between the City Manager or his
designee, the employee, and the FOP grievance committee shall be held at
the time designated by the City Manager within fifteen (15) workdays. If no
settlement is reached, the City Manager shall give City's written answer to the
employee and the FOP grievance committee within fifteen (15) workdays
following the meeting.
Section 3.3— Binding Arbitration
If the grievance is not resolved in Step 3 of the grievance procedure, the FOP grievance
committee, with the concurrence of the employee who filed the grievance, or if it is a class
grievance filed by the FOP, with the concurrence of at least one employee of the named class,
or if it is a grievance filed by the FOP on its own behalf, may refer the grievance to binding
arbitration within fifteen (15) after receipt of the City's answer in Step 3. The parties shall
attempt to agree upon an arbitrator within fifteen (15) workdays after receipt of notice of referral
and in the event the parties are unable to agree upon an arbitrator within said fifteen (15), the
parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of
five (5) arbitrators. Both the City and the FOP shall have the right to strike two names. The
name remaining after the City strikes shall be the arbitrator. The arbitrator shall be notified of
his selection within five (5) workdays by a joint letter from the City and the FOP requesting that
he advise the parties of his availability for a hearing. The parties may select a permanent
arbitrator in lieu of the selection procedure set forth in this section.
Section 3.4—Authority of Arbitrator
The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the
provisions of this Agreement. He shall consider and decide only the specific issue submitted to
him in writing by the City and the FOP, and shall have no authority to make a decision on any
other issue not so submitted to him. The arbitrator shall submit in writing his decision within
thirty (30) days following the close of the hearing or the submission of briefs by the parties,
whichever is later, provided that the parties may mutually agree in writing to extend said
limitation.
The decision shall be based solely upon his interpretation of the meaning or application of the
express terms of this Agreement to the facts of the grievance presented. If the arbitrator acts in
accordance with this Section, the decision of the arbitrator shall be final and binding.
FOP-6
Section 3.5— Expenses of Arbitration
The fee and expenses of the arbitrator and the cost of a written transcript shall be divided
equally between the City and the FOP; provided, however, each party shall be responsible for
compensating its own representatives or witnesses.
Section 3.6— Processing Grievances
All grievance discussions and investigations shall take place in a manner which does not
interfere with the operation of the Police Department. Any time spent by the Grievance
Committee of the FOP in discussions or processing grievances at Step 1, 2, or 3 during their
working hours shall not result in a loss of earnings or benefits.
Section 3.7— Election of Remedies
Disciplinary actions may be grieved (1) under the grievance/arbitration provisions contained in
this Article or (2) to a Hearing Examiner, who shall be selected by utilizing the procedures
outlined in Section 3.3 of this Article. A grievance involving the interpretation or application of
this Agreement may be grieved solely under the grievance/arbitration provisions contained in
this Article. Grievances regarding certain non-disciplinary matters, such as disagreements as to
the waiving or application of changes to personnel rules or other work rules or policies may be
filed via the Personnel Board procedures.
The decision of the hearing officer shall be final & binding. The cost of a Hearing Examiner
shall be borne by the City. Any proceedings before the Hearing Examiner shall be conducted
pursuant to the attached Hearing Examiner Rules.
Section 3.8— Probationary Period
Nothing herein shall in any way affect the discretion presently accorded the Police Chief with
respect to employees in their probationary period following hire or in their probationary period
following promotion. It is specifically understood by the parties that the exercise of the Police
Chiefs discretion in this regard shall not in any way be subject to the grievance procedure set
forth herein.
Section 3.9— FOP Grievance Committee
The FOP shall appoint a Grievance Committee of not more than three (3) members, and shall
notify in writing the Police Chief and the City Manager's designee for Labor Relations of the
name or names of the employee or employees serving on this committee and of any changes in
FOP-7
the numbers of this committee. The members of this committee may not conduct any
investigation while on duty without receiving the permission of the Police Chief, or in his
absence, the duly authorized representative acting in his behalf; however, such permission shall
not be unreasonably withheld. Department clerical personnel will not be used by the grievance
committee in grievance matters. The grievance committee shall not unreasonably use other
departmental resources for the purpose of conducting grievance-related work.
Section 3.10—Waiver of Time Limitations or Steps
The parties may mutually agree in writing to extend any of the time limitations set forth above for
the processing of grievances and may also waive any of the intermediate steps of the grievance
procedure in writing.
FOP-8
i
I
ARTICLE 4
NO'STRIKE AND NO LOCKOUT
Section'4.V'" 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--strik'e' 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. ;
FOP-9
i
ARTICLE 8
WAGES AND FRINGE-BENEFITS
Section 8.1 —aAFa Across-the-Board Wage Increases
a) Effective with the first pay period ending in October of 201200, there shall be no across-
the-board wage increase.
I b) Effective with the first pay period ending in October of 20130, there shall be no across-
the-board wage increase.
c) Effective with the first pay period ending in October of 20144, there shall be a three (3%)
-Re across-the-board wage increase. This across-the-board wage increase shall
Y ranges g
increase the minimums and maximums of the a es for those classifications
covered by this Agreement. no+i.,a ,e,i+h the Piro+ fUll r,nv .,9riAd in nnril 2012, theFe
0
Section 8.2— Police Vehicle Policy
In an effort to reduce the long-term costs to the City in maintenance, repairs and liability, a
take-home vehicle program will continue on a phased-in process to the extent that funds are
available in compliance with State and Federal law from the Police Confiscated Fund.
Purchase Orders for the purchase of the vehicles for the take-home program shall be issued
within 60 days after the receipt of the State of Florida contracted bid prices (estimated in
January of each year). Bargaining unit members who are participants in the Take-Home Vehicle
Program as of October 1, 1997, shall continue in the. Take-Home Vehicle Program as
prescribed by the City Commission approved Policy and the Department S.O.P. Thereafter,
priority for allocation of take-home cars shall be given to all eligible personnel b Departmental
P Y 9 9 P Y P
seniority.
To defray the operating expense incurred by the City as a result of the non-official use of take-
home vehicles, employees shall be assessed a user fee The fee shall be based on the location
of their primary residence as shown below:
LOCATION BIWEEKLY FEE
Miami Beach -0-
Dade County (other than Miami Beach) $25.00
Broward County $30.00
Palm Beach County (as limited below) $45.00 or$75.00
FOP- 15
PeFied. The additienal seyeR ($7.09) GeRtFibUtiOR will be added to the take heme YehiGle usef
,
the take-heme USeF fee Wall FeveFt baGk to the take-home VehiGle useF fee that ME; based on the
The take-home vehicle program shall be available to any sworn officer who was hired before
July 18th, 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 18th, 2001 [the ratification date of the
2000-2003 Agreement] (except police applicants in the background process) and resides
outside of Miami-Dade County but is available to a sworn officer who is living outside Miami-
Dade County and moves back to Miami-Dade County.
As of July 2010, there were one hundred ten (110) cars allocated in the take home vehicle
program for Broward County. Going forward, a number of vehicles to be determined (but no less
than one hundred ten (110) vehicles) by the mutual agreement of the Police Chief and the FOP
will be allocated for Broward County.
The four(4) police officers currently residing in Palm Beach County will be allowed to retain their
take home cars and will continue to pay at their current rates (i.e., the $45.00 or $75.00 that
applied to each of them respectively per the terms of the 2003-2006 Agreement) for their
vehicles. When each one of these four (4) employees separate from City employment, the
number of Palm Beach cars will be reduced as each employee leaves. Whenever one (1) of the
four (4) Palm Beach County cars is eliminated, the number of Broward County take home cars
will be increased by that same number. However, effective with the pay period upon ratification
of this Agreement, these employees will contribute an additional seven dollars ($7.00) take-
home vehicle user fee for an eighteen (18) month rolling period. The additional seven dollar
($7.00) contribution will be added to the take-home vehicle user fee amounts prescribed above.
Upon the completion of the eighteen (18) month rolling period, the take-home user fee will revert
back to the take-home vehicle user fee that is based on the location of the employee's primary
residence as provided for above.
Employees may not park their cars in a location so as to circumvent the restrictions outlined in
this section.
Section 8.3—Compensation Plan
a) Entry Level Pay- Hired on or after October 1, 1997
1. Police Officer
FOP- 16
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.
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.
FOP- 17
2. Detention Officer
A newly hired Detention Officer will be placed in Step A of the pay scale for the
duration of his/her first year of service.
b) State Certification Re-examination — In the event a newly hired Police Officer who
is required to take the State Certification examination fails to pass said examination,
he/she shall be placed on a leave of absence without pay until such time as he/she
passes the State Certification examination. Said bargaining unit employee shall sign
up for the next scheduled examination in the State of Florida and take the
examination at his/her expense. In the event the bargaining unit employee fails the
re-examination, his/her employment with the City shall terminate.
Section 8.4— Step and Longevity Increases
All step and longevity increases shall become effective on the payroll period commencing
nearest the employee's anniversary date, as per current practice. A step increase shall be
awarded based upon the employee receiving a satisfactory evaluation during that rating period,
as per current practice.
Effective April 1, 2015, one (1) additional step (Step 1) shall be added to the maximum pay
range for the classifications of Police Officer, Sergeant of Police and Lieutenant of Police. The
additional step will increase the maximum of the range for the aforementioned classifications by
five percent (5%). The minimum pay range shall remain as is and there shall be no immediate
Pay increase for any employees. Those employees at the maximum of the range (Step H) as of
April 1, 2014, will move into the new step (Step 1) on April 1, 2015 with their anniversary date
reflectinq April 1, for the sole purpose of their annual performance review. Thereafter, anv
employee in the aforementioned classifications who is at the maximum step of the range, (Step
H), shall be eligible to proceed to Step I upon reaching his or her next anniversary date.
Section 8.5— Shift Differential
At the time this Agreement was executed, the City maintained three standard shifts of work to-
wit: a first shift starting at approximately 11:00 p.m.; a second shift (also called "Day Shift")
starting at approximately 7:00 a.m.; and a third shift (also called "Afternoon Shift") starting at
approximately 3:00 p.m.
FE)F all weFk by the thiFd shift peFfeFRqed afteF 3.00 p.m., effeGtive QGtebeF 1, 2006, the 6hj#
PeF he6lF, whiGh shall be added to the ,
., the shift diffeFeRtial pay ef seventy five
Gents ($.75) peF heuF shall be ORGFeased to eRe dollar ($1.00) peF hetAF, WhiGh shall be added-t-G
thee,op,ee's "yFly rate. -If the City rearranges the shift scheduling or establishes any new
shift, shift differential pay shall follow the above-below formula based on the time period in which
FOP- 18
I a majority of hours are worked by the employee. Thal+f a majority of the non-standard shift
hours are after 3:00 p.m., all the shift differential pay for all post 3:00 p.m. hours, effective
I October 1, 2006, shall be seventy-five cents ($.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 one dollar ($1.00) per hour. However,
effective September 30, 2015, if a majority of the non-standard shift hours are after 3:00 p.m.,
the shift differential pay for all post 3:00 p.m. hours shall be fifty cents ($.50) per hour, which
shall be added the employee's hourly rate; and if a majority of the non-standard hours are after
11:00 p.m., the shift differential pay for all post 11:00 p.m. hours shall be seventy-five cents
($.75) per hour, which shall be added to the employee's hourly rate.
Section 8.6— Hazardous Duty Pay
Effective April 1, 2015; all employees covered by this Agreement, shall be el;'34e to receive
Hazardous Duty Pay in the amount of one hundred ($100.00) dollars per pay period.
Hazardous Duty Pay shall not be considered as pensionable earnings.
Section 8.67— 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 do not work on that holiday.
The following holidays shall be recognized as follows:
Holidays Recognized Date
New Years Day January 1
Independence Day July 4
Veterans Day November 11
Christmas Day December 25
Section 8.78—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
FOP- 19
because he was unable to use it because of departmental needs. This Section shall not apply to
sick leave accumulation.
Section 8.89— 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 n o 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
P P P ,
7, of this Agreement; be permitted to transfer sick leave in excess of 360 hours to vacation
g p scat on
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 (1/2) of sick leave to a
maximum of 600 hours.
a) All members covered under this Agreement shall be entitled to a termination payout of
one-half(1/2) of his/her accrued sick leave up to a maximum payout of 600 hours.
Section 8.10— Sick Leave Sell Back Program
An annual sick leave sell back program, payable on a dollar for dollar basis has been
established and implemented as stated in this section, effective October 1 2013. The
annual sick leave sell back periods shall cover each of the following fiscal years: October
1, 2013, through September 30, 2014; and October 1, 2014 through September 30
2015. Payments for each annual sick leave sell back period will be made in the last pay
period in November after the closing of the applicable sell back period. The sick leave
sell back program, inclusive of all provisions stipulated in this section shall terminate on
the expiration date of this agreement.
The sick leave sell back program will allow qualified employees to sell back their annual
sick leave accrual during the sell back period, minus any sick and emergency vacation
leave utilized during the same period, to be reduced on an hour for hour basis. Leave
utilized under the Family and Medical Leave Act (FMLA) shall not reduce the sick leave
sell back amount.
In order to qualify for participation in the sick leave sell back program, employees must:
(1) Have been employed by the City throughout the entire sick leave sell back period
FOP-20
i
being measured; and 2 Maintain at least three hundred 300 hours of combined
accumulated sick and vacation leave, after each sell back date. The sick leave hours
sold back as part of this program cannot cause the employee's accumulated sick and
vacation leave to descend below the aforementioned minimum established thresholds.
An ann-w-al G!Gk leave sell baGk pFegFam (payable GR a dellaF feF dellaF basis) Will be
, ,
2006 thFeugh SeptembeF 30, 2007; QGtE)beF 1, 2007 thFeugh SeptembeF 30, 2008; and QGtG
1, 2008 through SepternbeF 30, 2009. The payrneRtS foF eaGh aRRUal SiGk leave sell ba
peFwE)d will be made iR the last pay peFiGd N n NevembeF afteF the GIGGe ef the appliGable Sell baGk
baGk peried iR 2009 (i.e., after the last payment in NevernbeF of 2009). The GiGk leave sell ba
pFegFam will allow a qualified empleyee te stell baGk up te a maxi.m.-H.m. rof 540- hn----rq- P-f ssar--k lqea�,�a
at e eRd of can hs°IGk peFied /+ a "sell h-an date" shall he SeptembeF 30
h'"Ve ,��
baE;k on eaGh Sell baGk date shall be FedUGed by eRe heiAF fE)F eaGh he61F ef SiGk leave V49
empleyee used d61FiRg the appliGab'P- -PARI-1-al Sell peFied (e.g., of aR empleyee uses 4-0
hE)UFS E)f GiGk tome he is only eligible te sell baE;k feFty (40) heuFs). IR eFdeF te qualify fGF the S'Gk
leave sell baGk pFegFam, the empleyee must. (1) have beeR empleyed by the Gity thFE)UgheUt
the eRt'Fe sir.k. Ipeai.�e sell baGk peried beiRg measured (e.g., the hiFe date mUst be ME)Fe thaR 1-2
.,
net be OR_plaGe for the term of this Agreement ((ln�/�Y '� 09 thre September 30 20 1 71
-FTru T , �--t�pt�rrrv�--v��cv-rcT
Section 8.911 — 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
O Y ( ( ) Y P
outside the State of Florida) for each death for the purpose of making arrangements and/or
attending the funeral, without loss of pay and without charge to accrued sick leave or vacation
days of said employee. In such circumstances, additional time off may be granted at the
discretion of the Police Chief, and shall be chargeable to the accrued sick or vacation leave of
such employee. Requests for additional time off shall be submitted in writing to the Police
Chief.
FOP-21
Section 8.124-0— Court Time Compensation
For attendance at court during off-duty hours for purposes related to employment with the City,
employees shall be provided with time and one-half pay for such time spent at court with the
following minimum hourly guarantees:
a) During an employee's off-duty hours, a minimum of four (4) hours per day shall be
guaranteed until September 30, 2015, at which time the minimum hours per day shall
decrease to three and one-half (3 '/2) hours. However, if an 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 hours (or two hours if the initial
two-hour minimum was in effect).
c) For the employee's third off-duty appearance in the same day, an additional one (1) hour
minimum shall apply after the expiration of six hours (or four hours if the initial two-hour
minimum was in effect).
d) No Pyramiding. Compensation shall not be paid more than once for the same hours.
Section 8.4413—Out-of-Classification Pay
When an employee is assigned by the shift commander to perform at the level of a higher rank,
he shall be paid for the duration of the assignment at an hourly rate of pay of two dollars
($2.00) higher than his/her regular rate; provided that this shall in no way constitute an
obligation to assign an employee to a higher classification under any circumstances and it is
recognized that the City retains the right to determine when and for how long an employee will
be temporarily assigned to a higher classification.
Section 8.4-214— 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
FOP-22
that the standby order is rescinded. Standby hours shall not be considered as hours worked for
purposes of overtime.
Section 8.4315— Call-In Pay
An employee who is called in to work outside of his normal tour of duty will be paid a minimum
of two (2) hours' compensation at a rate of time and one-half the regular hourly rate, except
when contiguous to the employee's regular schedule.
Section 8.4416— Sunglasses and Prescription Glasses
The City agrees to reimburse employees for the purchase or repair of sunglasses and
prescription eyeglasses with a maximum allowable reimbursement of sixty ($60.00) dollars per
employee in a twelve (12) month period, when they are lost or damaged while the employee is
engaged in active police work such as arrests, pursuit, physical conflict or vehicular accidents.
Section 8.4517— Field Training Officer
When an employee who has completed the field training officer program is assigned to on-duty
training of a trainee or new police officer, the field training officer will receive an additional $1.00
per hour for each hour(s) he is assigned to train. However, effective the first pay period of
October 2010, those officers assigned by the Police Chief (or his designee(s)) to a Field
Training Officer assignment will receive an allowance of $114.94 during each pay period that
they are assigned to the Field Training Officer Program, in lieu of the current $1.00/hour (as
stated above). The Police Chief, or his designee, in his sole discretion, may assign Officers to
Field Training Officer(FTO) assignment.
Section 8.4618— Iniury Service Connected (ISC)
For two (2) sixteen (16) week periods, the City'agrees to compensate any member of the
bargaining unit with the difference between the weekly disability workers' compensation benefit
received or which the employee is entitled to receive, and his or her regular rate of pay for any
time lost from work due to injuries sustained under the following circumstances:
a) While on duty and entitled to be paid by the City; or
b) While reasonably exercising police officer functions within the City limits of Miami Beach
while off duty; or while working a departmentally sanctioned off-duty job; or
FOP-23
c) While exercising police officer functions when there is a physical danger to a person and
the employee takes reasonable action off duty in the state of Florida; or
d) When operating a City vehicle, being duly authorized to do so by the City; or while on a
reasonably direct travel route to or from work and home in their private vehicle while
within the City limits.
e) In the circumstances described above (subparagraphs 1 through 4), the City agrees that
it is and will consider itself the employer and the employee the City's employee.
After the advice and comments of the Police Chief and the FOP President, the City Manager, at
his sole discretion, may extend the above described ISC payments beyond thirty-two (32)
weeks. This decision is not subject to grievance or arbitration. The approvals for receipt of this
compensation as presently required shall be continued.
Section 8.419— 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 Y2%). Employees who are on 5-8 light duty because of non-service
connected injury or illness shall not receive the special assignment pay. Employees who are on
5-8 light duty because of service-connected injury or illness, where the City doctor approves a
40-hour work schedule, and who have demonstrated the ability to work a 40-hour workweek,
shall receive the special assignment pay for all hours worked on 5-8's. If the injury service
connected light duty employee takes off 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 8.4820— Extra Weapon
Employees will be allowed to carry a concealed, extra weapon while on duty, as approved by
the range master.
I Section 8.4-921 —Quality of Life
The City agrees to continue a Quality of Life Program. The Quality of Life supplement pay shall
be $67.00 per pay period for those employees participating in the program, until the first full pay
period beginning after October 1, 2014, when the supplement shall decrease to $26.00 per pay
period for those employees participating in the program. E ^+ ,_R°^t°mbeF 30 2nd
FOP-24
fl Irth°r to $25.0() n°r pay Pe+ri°e^) f9r all +h., ° °mr,l°"o°
9aFtiG90atinn in the 19FGE,ram Cff°n+i,=�e,ith +h° fir 111 pa,er°II n°ri°rl h°ellnnlnn afteF_CQeptGF:RbeF
30, 1
1 1 the supplemeRt
Wall be lRGFeased te a Fate ef $67.00 peF pay peFi0d fEW these empleyees paFtIGIPatiRg iR the
PFOgFaFn.
The Police Chief or his designee shall develop certification requirements which employees must
meet to be eligible for any Quality of Life supplement payments. The Quality of Life supplement
will be made available to all qualifying Bargaining Unit Members.
Section 8.2$22— Forced Holdover
If an employee is forced to stay beyond the hours of his/her regular shift, such additional hours
will be paid at double the regular rate. This provision applies to minimum staffing purposes only
and does not include unexpected or special events such as, hurricanes or other acts of God,
demonstrations, holiday or special events, etc.
Section 8:23 — 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, 20134-9(except as
otherwise specified below):
A. Upon completion of tenfive (54l-9) years of creditable service under the pension system.,
members may purchase additional creditable service under the Ssystem for up to two (2)
years of full time PIlhlin Safety oe�n,iGe as a law eRf°re+°mp t nffiGeF PFi�
full a,llly ,wvl,v vawlva vvl rlvv uv a law ri l"1'1'�T�GTrTGri", �,'.." W- Gity
1
1
� rs- - Rd-prior military service, in increments of up to three percent (3%) per year of
service for a maximum additional multiplier of six percent (6%), purchased at ten (10%)
or ten-and-one-half percent (10.5%) (for new hires required to contribute 10.5% to the
plan as set forth in Section G), of pensionable salary for each year of military service
purchased, - The GeSt fE),r eaGh „°,r Of GFeditab;e 6 safety
pufGhased shall be the same Fate as pFevided OR the- plan f9F the PUFGhaE;e ef militaFy
%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.
FOP-25
0
PeFGeRt 0
pw-Ghases _six n°rnnnt (6' ) U lnr OF +hr°° / aFs Of hem°embe
0
peFGent (3%) multiplier PUFGhased shall be the same as the GeSt fer eaGh year of p i
Fate at the
Q.B. The purchase of military service ,
the ni irnhno° of then multipli er pFeyirded in 661196zv' s above-, must be
completed within thirty-six 361 -months following SeptembeF 30, 2010,
a member's completion of five 5 4-0-years of creditable service under
the pension plan. ,-W iGheveF n^^„rS lat er fnr the membef_ If a member does not
complete the purchase within the thirty-six J361 month period, he/she shall not be eligible
for the purchase in the future. Upon ratification of this agreement, those members who
have attained at least five (5) years but no more than ten (10) years of creditable
service, may purchase additional military service as provided for in Section A herein,
within thirty-six (36) months. If a member does not complete the purchase within the
thirty-six (36) month period, he/she shall not be eligible for the purchase in the future.
D. Upen re-ar.-hing eligibility feF ReFmal FetiFement, a member may e!eGt te apply unused 6*Gk-
0 (aIGRg 0
npfc,s°n�spevniTi°girth° AAi_mi R-n-Aah P �nennd Fire D°ncinn nrdinann°
€-C.
All compensation for work performed
pursuant to Off-Duty Assignments, as outlined in the Department's Standard Operating
Procedures (SOP's), shall be included in a member's salary for pension purposes, and
shall be used in the calculation of member contributions and benefits. Provided, in no
event shall the value of unused sick and/or vacation time, overtime pay, and/or off-duty
pay, saRRet—exceed the caps presently specified in the Miami Beach Police and Fire
Pension Ordinance. Effective upon ratification of this agreement, overtime in excess of
three hundred (300) hours per year or payments for unused sick and/or vacation leave
may not be included in compensation for pension purposes.
F--.D. DEFERRED RETIREMENT OPTION PLAN (DROP)
FOP-26
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 sixty (60)36
months. Notwithstanding, participation may not continue beyond the date when the
employee's
pp combined years of creditable service and time in the DROP equals 3Q
me t�-hs-(3H7r--McRthS feF empleyees whe were DIsun-FnemRberes pFieF ty 76)
D apagFaph r 11 h w yees-whe enter the D^RQP en er af e•r September 1, 20-1r4
shall be hSSt eligible eiRg, feF thn�ml `^pleye�'es ent Fang the DROP tii aftee.F SepteTmbeF
2012,
yews Of GFeditable line and time ire the equals 376 menth (390 37-&-396
months for members hired prior to July 14, 2010 or 408 for members hired on or after
July 14, 2010. fer members hire F atieR of this GGRtFaGt) Provided also
that participation in DROP shall require the employee to complete and submit the
following prior to start of DROP payments.
a. Such forms as may be required by the Pension Board of Trustee's Plan
Administrator. Election in the DROP is irrevocable once DROP payments begin.
b. A waiver and an irrevocable resignation from employment with the actual date of
termination being the date designated by the employee as the end of his/her
DROP participation. The administration and timing of execution and delivery of
the waiver and resignation forms shall meet the requirements of the Age
Discrimination in Employment Act and the Older Worker's Benefits Protection
Act, as same may be amended from time to time.
3. Conditions of Employment for DROP Participants - Employees shall be subject to
termination of employment while in DROP, to the same extent as they were in their
pre-DROP status. A person who has elected the DROP remains an employee 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-
FOP-27
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. nevi
With the exception of those employees who entered the DROP on or after September
1, 2012, through September 29, 2013„ and- i1TlT[n+ho Fat4irsatme , date .,f +hio
aweemeet—, shall continue to 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. PFe1Hded
fuFtheF, aAny such 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. Employees who commence participation in the
DROP on or after September 30, 2013,Fat6fiGatiE)R of this nn�oo.n .4 will shall receive a
COLA in 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.
6. DROP Account Earnings — 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-28
A member's DROP account shall only be credited or debited with earnings while the
member is a participant in the DROP and, depending on the DROP Account Payment
Options selected, after the member dies, retires, or terminates employment with the City of
Miami Beach.
7. Payment of DROP Account Funds— Upon termination of a member's employment (for any
reason, whether by retirement, resignation, discharge, disability, or death), the retirement
benefits payable to the member or to the member's beneficiary shall be paid to the member
or beneficiary and shall no longer be paid to the member's DROP account. No payments
will be made from the DROP account until the member terminates employment.
8. DROP Account Payment Options — Following the termination of a participant's
employment, the participant shall select one of the following options to begin to receive
payment from his/her DROP account. Said selection shall occur no later than 30 days prior
to the end of the DROP participation period or within 30 days following the termination of a
participant's employment if said termination of employment occurs prior to the end of the
DROP participation period:
Lump Sum - All accrued DROP benefits, plus interest, shall be paid from the
DROP in a single lump sum payment.
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.
Direct Rollover - All accrued DROP benefits, plus interest, shall be paid from the
DROP directly to the custodian of an eligible retirement plan.
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 — 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.
FOP-29
r
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.
11. If any provision of this DROP should be found invalid, unlawful, or not enforceable by reason
of any existing or subsequently enacted legislation, or by judicial authority, or by an IRS
regulation/ruling, the City and the Union agree to meet within 30 days of such determination
for the purpose of negotiating a resolution to the invalid provision(s).
In the event that provisions of the Internal Revenue Code operate to limit the benefit amount
of employee coverage by the pension provision incorporated in this Agreement to an
amount less than set forth in the pension Plan then the City and the Union shall negotiate a
method to compensate the affected employee for the difference between the normal
pension benefit and the limits allowed by the Internal Revenue Code provided that no such
resolution shall jeopardize the exempt status of the Plan under the Internal Revenue Code.
12.A member who elects to participate in the DROP shall retain the earned balance of accrued
sick and vacation leave as of date of entry into the DROP, and shall continue to earn sick
and vacation leave during the DROP period, in accordance with the stipulations set forth in
the collective bargaining agreement between the City and FOP. While in the DROP, the
member shall have the one-time option of receiving payment for accrued sick and/or
vacation leave, up to the maximum payout upon separation of employment allowed by the
collective bargaining agreement between the City and FOP, provided that the employee
shall retain at least one hundred twenty (120) hours of accrued sick leave after such
Payment. The one-time election to receive payment of leave balances shall be made in any
one year of the DROP, by notifying the City no later than June 30 of that year. Pavment will
be made after the first pay period ending October of the same year. Upon final separation
from employment with the City, a member who has participated in the DROP shall be
eligible to receive Payment for the balance of all accrued sick and vacation leave as of the
date of final separation, up to the maximum provided in the collective bargaining agreement,
as reduced by the prior payout, if any. In no event shall payments for accrued sick or
vacation leave be included in a member's earnings for the purposes of the plan.
E. Pension benefits for employees hired prior to July 14, 2010; all changes effective September
30, 2013, unless otherwise specified:
1. The benefit multiplier shall be three percent (3%) for each near of creditable
service for the first twenty (20) years of service, and four percent (4%) for
each year of creditable service after twenty (20)years of creditable service.
2. The normal retirement date shall be as provided in the current pension plan
except that a member must attain the age of 47 to be eligible for "Rule of 70"
retirement.
FOP-30
1
3. The final average monthly earnings (FAME) shall be based on the member's
two (2) highest paid years of creditable service, prior to retirement or
separation from employment. Effective September 30, 2015, the FAME shall
be based on the member's three (3) highest paid years of creditable service
prior to retirement or separation from employment.
4. The retiree cost of living adjustment (COLA) shall be two and one half
percent(2.5%) annually.
5. The maximum pension benefit shall be 85% of pensionable income, with the
exception that any member who attains a benefit of 85% of pensionable
income or higher, as of September 30, 2013, retains the maximum benefit of
90% of pensionable income.
6. An employee shall be vested after completion of five (5) years of creditable
service.
7. Ten percent(10%) employee pension contribution.
8. Employees shall no longer be able to apply overtime, off-duty or any other
pensionable earnings for the purposes of calculating a member's retirement
benefit that yields a benefit in excess of eleven percent (11%) of the highest
annualized pay rate for the same salary rank that the member is in at time of
retirement. This provision shall not apply to current Police Sergeants or
Police Lieutenants, or Police Officers promoted to the rank of Police Sergeant
from the 2013 Certified Police Sergeant Promotional List.
9. Any covered employee hired prior to July 14, 2010, who completes a buyback
of prior creditable service before September 30, 2013 and reaches the
maximum pension benefit of 85% prior to reaching age 47, shall cease their
contribution toward the pension plan on the date such employee reaches the
85% maximum pension benefit; his or her final average monthly earnings
shall be frozen on the same date.
F. Pension benefits for employees hired after July 14, 2010, but prior to ratification of this
collective bargaining agreement; all chanqes effective September 30 2013, unless
otherwise specified:
1. The benefit multiplier shall be three percent (3%) for each year of creditable
service for the first twenty (20) years of service, and four percent (4%) for
each year of creditable service after twenty (20) years of creditable service.
2. The normal retirement date shall be as provided in the current pension plan
except that a member must attain the aqe of 48 to be eligible for "Rule of 70"
retirement.
3. The final average monthly earnings (FAME) shall be based on the Member's
three (3) highest paid years of creditable service, prior to retirement or
separation from employment.
4. The retiree cost of living adjustment (COLA) shall be one and one half
percent(1.5%) annually.
FOP-31
5. The maximum pension benefit shall be 85% of pensionable income.
6. An employee shall be vested after completion of five (5) years of creditable
service.
7. Ten percent(10%) employee pension contribution.
8. Employees shall no longer be able to apply overtime, off-duty or any other
pensionable earnings for the purposes of calculating a member's retirement
benefit that yields a benefit in excess of eleven percent (11%) of the highest
annualized pay rate for the same salary rank that the member is in at time of
retirement.
G. Pension benefits for employees hired after ratification of this collective bargaining
agreement:
1. The benefit multiplier shall be three percent (3%) for each year of creditable
service for the first twenty (20) years of service, and four percent ON for
each year of creditable service after twenty(20) years of creditable service.
2. The normal retirement date shall be as provided in the current pension plan,
except that a member must attain the age of 48 to be eligible for "Rule of 70"
retirement.
3. The final average monthly earnings (FAME) shall be based on the Member's
five (5) highest paid years of creditable service, prior to retirement or
separation from employment.
4. The retiree cost of living adjustment (COLA) shall be one and one half
percent (1.5%) annually.
5. The maximum pension benefit shall be 85% of pensionable income.
6. An employee shall be vested after completion of five (5) years of creditable
service.
7. Ten and one half percent(10.5%) employee pension contribution.
8. Employees shall no longer be able to apply overtime, off-duty or any other
pensionable earnings for the purposes of calculating a member's retirement
benefit that yields a benefit in excess of eleven percent (11%) of the highest
annualized pay rate for the same salary rank that the member is in at time of
retirement.
The pension breakdowns above are for illustrative purposes and do not encompass all
pension benefits afforded to respective members. The full itemization of pension benefits is
available in the plan summary for the Fire and Police Pension Plan, as well as the Fire and
Police Pension Ordinance.
rP evicted in the ni 1FFeRt PeRSinn plan, eXGept as follows;
FOP-32
1) The be-fit Fnfin. shall be y Jnt (3%) f9r each year Of GFedi� h �n�,Ge
far the first 20 yearn of sen,ine and fey�r nernent (4%) fer eanh "ear of nreditahle
..... u.v ...vl r—v �va.w.V V. VV1♦IV'V, l...lu IV\A,�.JG
$ se of+er 70 years Of GFedetable se
n,iGe
e
"Rule »
3) FiRal average menthly salaFy shall be based GR the thFee (3) highest paidd yeaFs eF
last thFee as the-Gase may be e T ro pFier to tiremen+ er separatien f
emnleyment
4) The nest of living ttment shall be en and a half(1.5%) annually,
5) Empley eeswrnTeter the 6hal�ee a zere nernent (0-054) GO St. of li"inn
f4 rt
adjustmeRt
for the third /'21a -lt.m.ondates, regardless-4
whetheF the yee remains in th�,r����them i im i p it ed.
D ed f Fth a F,�' y p�une ��,he exits the DROP W �� siv (6) menthe;fall'a".,.,.i"r."a
the date of DROP 8",Rt�nh'_'1hall be eligible for the nr�s,tr eefliliying adi�istmentass
r
etheFwise pmvided In SeGt*GR 7.23 (G) (4).
Section 8.24 — Premium Pay Supplement Contingent Upon the Department's Obtaining
and Maintaining Certain Accreditations.
In recognition for obtaining and maintaining the accreditations described below, the following
premium pay supplements will be paid under the following terms:
a) All bargaining unit members shall be paid a premium pay supplement of$40.00 per pay
period for as long as the Police Department maintains Accreditation by the Commission
on Accreditation for Law Enforcement Agencies (CALEA). Effective September 30,
2015, this supplement pay shall be reduced to $20.00 per pay period.
b) 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. Effective
October 1, 2014, this supplement pay shall be eliminated.
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 8.2523. Buyback of Probationary Time. Employees hired prior to ratification of this
agreement revered by this Agreement may elect, by written notice served on the Board of
FOP-33
Trustees, to receive creditable pension service time for any or all of their time served as
probationary police officers. In order to receive such creditable pension service time,
employees should be allowed to purchase any or all of such time through the use of accrued
annual leave, sick leave, cash or any combination thereof. In the event such purchase is not
made within six months of successful completion of probationary period, the amount paid shall
include interest at the rate of three percent (3%) per annum excluding first six (6) months.
Effective upon ratification, all newly hired employees shall participate in the pension plan upon
date of hire.
Section 8.262-4— "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 8.2726— 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 a maximum of fifty (50) police officers who obtain
and maintain certification from the Criminal Justice Standards and Training Council (CJSTC) as
Police Instructors:
a) No more than fifty (50) FOP employees will be eligible to receive the two and one-half
percent(2.5%) Police Instructor Certification pay.
b) Additional FOP employees (up to the fifty (50) employee maximum) must be qualified
for the incentive pay by meeting all of the following requirements: (1) a minimum of six
(6) years of full-time experience as a certified law enforcement officer employed by a
State, County or Municipal Police Department; and (2) passing the required CJSTC
Police Instructor Training Course; and (3) have no record of disciplinary action during
the twelve (12) month preceding the date of-application for the benefit. FOP employees
will qualify (not to exceed the fifty (50) employee cap) on a first come basis, based on
the date of each employee's submission of the completed written request to the Police
Chief or designee.
c) Newly qualified FOP employees (up to the fifty (50) maximum limit), shall start receiving
their two and one-half percent (2.5%) pay on the next payroll period beginning after the
FOP employee has submitted to the Police Chief (or designee) a written request that
includes a copy of the CJSTC Instructor Certification, and proof that he/she has met all
other requirements as set forth in this section.
d) Employees shall remain solely responsible for obtaining and maintaining a State
Certified CJSTC Certificate. All costs involved in obtaining and/or maintaining the
FOP-34
certification shall remain the responsibility of the employee. Failure to have a current
certification shall constitute an automatic disqualification from the two and one-half
percent (2.5%) incentive pay.
e) The value of the two and one-half percent (2.5%) incentive pay shall be determined
based upon only the base wage of the officer, i.e. no additional incentives or other extra
payments or benefits are included in the two and one-half percent (2.5%) pay. The total
incentive pay for the Police Instructor Certification benefit will remain at two and
one-half percent (2.5%) regardless of any additional certifications that the FOP
employee may receive through the CJSTC.
ARTICLE 9
FOP HEALTH TRUST
Section 9.1 —
FOP-35
I For Calendar Year 20102013, the City will continue to fund the current contribution amount for
health care. Such contribution is currently:
Single: $442-.Q6456.95
Family $ 91,120.14
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, 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-36
i
Example#1 Example#2 Example #3
(City pays more than the (City pays less than the (City pays the same as the
actual cost) actual cost, but equal to actual cost)
the projected cost and the
straight line cap)
FOP Projected Cost— 10% FOP Projected Cost— 7% FOP Projected Cost—7%
City Straight line Average — City Straight line Average — City Straight line Average —
7% 7% 7%
City pays 7% City pays 7% City pays 7%
Actual FOP Cost— 5% Actual FOP Cost— 10% Actual FOP Cost—7%
Credit to City— 2% No change No change
(The City's straight-line average is the cap in all cases.)
The City's contribution amounts will help fund the level of benefits provided under the current
plan as of the date this contract is signed*. If plan design changes cause an increase in the
Trust fund premium, the City is not required to increase its contribution as a result of the plan
design change.
Financial disclosure reports are to be presented from the Trust to the City Manager's designee
for Labor Relations no later than July 1 St 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 1St of each year. The
Trust shall provide the report detailing the actual cost for the prior year no later than February 1 st
to the City Manager's designee for Labor Relations.
The City's designee for Labor Relations will be notified of the annual meeting at which benefit
changes are under consideration and the City shall be allowed to send a representative to that
meeting. Also, any consulting reports analyzing benefit changes will be provided to the City for
purposes of that meeting.
*Upon ratification of this agreement, the parties shall supply each other with the current plan
designs in effect for calendar year 20153.
**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.
FOP-37
F
In addition:
harpaininn ,,nit 8mpleyees shall ih, to fide „ rno„t (5%) ef thej�6s
GGMpensatien to G-ff-G-et. the f
(5%) GE)Rtrih„tinn shall diseentiRue after eighteen (18) Fnenths.all current retirees and active employees on the payroll as of the date of
ratification of this Agreement, all employees presently in the DROP, and all eligible
dependents under the current eligibility rules, the City contribution for those current
retirees and current employees who become future retirees for health coverage shall
be equal to the City's Health Trust contribution formula for active employees.
Furthermore, the contributions for those current retirees and current employees who
become future retirees and their eligible dependents shall be no less than the current
value of the contributions for active employees and their eligible dependents. This
Agreement shall be reduced to writing and made individual contracts and, shall be
vested benefit throughout retirement.
s)tJ_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 301h of each
fiscal year.
Section 9.2—
a) All eligible employees and their dependents described in Section 7 shall be eligible to
enroll in the FOP Health Trust Plan and shall not be eligible to participate in the City Plan
during their employ or retirement for so long as the FOP Trust exists.
b) A non-bargaining unit sworn police officer who elects to enroll in the FOP Health Plan
may apply to the Trust and will be enrolled upon leave of the Trustees, and thereafter
will be deemed to be a covered employee provided he or she meets the following
criteria:
1. Must be on the City Police Department Payroll at the time of enrollment;
2. Must be an FOP member for two years (or length of time in Department if less
than two years) prior to enrollment, and must maintain membership throughout
the period of coverage;
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3. Must meet insurability criteria satisfactory to Trustees; and
4. Must make the election within thirty (30) days after appointment out of the
bargaining unit.
Section 9.3—
a) All covered employees and covered retirees shall be allowed to continue under the City's
Dental Plan as it may exist.
b) The City shall also contribute to the Trust the amount of premium it is paying for term life
insurance for covered employees and covered retirees.
Section 9.4—
The City's Insurance Plan shall be responsible for the runoff of all claims incurred prior to the
time the FOP Health Trust Plan went into effect.
Section 9.5—
The City shall be provided with a copy of the FOP Health Trust Plan booklet and the Trust
Agreement, and any other information required by law and shall be apprised of any changes in
the Trust Agreement and/or Plan benefits. Additionally, a copy of the Trust's annual C.P.A.
audit report shall be sent to the City Manager's designee for Labor Relations and the Trust or
their designee shall in a reasonable time period answer reasonable inquiries concerning the
finances of the Trust.
Section 9.6—
The FOP shall indemnify and hold the City harmless against any claim, demand, suit, or liability,
and for all legal costs arising in relation to the implementation or administration of the FOP
Health Insurance Trust and Plan, except if the City's acts or omission give rise to its own liability.
Section 9.7—
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.
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Section 9.8—
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Employees covered by this Agreement who retire, resign, or are terminated by the City must be
vested in the Police pension plan at the time of such retirement, resignation or termination in
order to receive a contribution by the City towards his/her health insurance premium after such
retirement, resignation or retirement.
Section 9.9—
Employees in the bargaining unit shall be eligible to participate in the City's voluntary benefits
plan, which may be modified by the City from time to time. The voluntary benefits plan shall be
administered by the City.
Section 9.10—
Post Employment Health Program (PEHP). Effective the first pay period endinq in October
2013, all employees covered by this agreement shall contribute twenty-five dollars ($25.00)
biweekly to the Post Employment Health Program (PEHP). Upon separation of employment
from the City, employees covered by this agreement shall contribute ten percent (10%) of their
accrued leave payouts toward the PEHP. Any and all fees/costs associated with administerinq
the PEHP shall be incurred by the FOP. In no event will the City incur any costs associated with
this program.
Section 9.11 —
Effective upon ratification of this agreement, and for so long a period as the federal tax code
imposes a heavier tax burden upon City employees with domestic partners who elect to receive
family medical and dental coverage over that of their married counterparts, the City will
reimburse those employees with domestic partners who pay this heavier tax burden by adding
to their biweekly pay the additional amount withheld from the employees' pay and the amount of
the additional tax assessed by the federal government upon this
reimbursement. Reimbursement under this subsection shall not be considered to be
pensionable income. In order to qualify, eligible employees must have registered domestic
partnerships in accordance with the applicable provisions of the Miami-Dade County Code of
Ordinances and the City of Miami Beach Code of Ordinances.
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ARTICLE 10
EDUCATIONAL LEAVE AND TUITION REFUND
Subject to applicable Personnel Rules, an employee may request an educational leave of
absence without pay to take a course or courses in a field related to the work assignment of
said employee. The City's tuition refund program shall be continued for the term of this
Agreement.
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ARTICLE 11
GENERAL PROVISIONS
Section 11.1 — Safety and Health
The City and the FOP shall cooperate in matters of safety and health affecting the employees
covered by this Agreement.
Effective October 1, 2013, voluntary law enforcement fitness assessments will be conducted on
a quarterly basis, in an effort to promote employee health and well-being. The City shall
determine the physical fitness standards measured during the assessments, as well as the
passing criteria. Employees who elect to participate shall be eligible to receive a $500 non:
pensionable payment for every.assessment in which he or she attains a passing score. This
program shall terminate on September 30, 2015, unless the Police Chief determines that the
results of the program justify its continuation.
Section 11.2— FOP Activity and Non-Discrimination
Neither the City nor the FOP shall discriminate against any employee due to that employee's
membership, non-membership participation, lack of participation, or activities on behalf of, or his
refraining from activity on behalf of the FOP.
No employee covered by this Agreement shall be discriminated against because of race, creed,
national origin, religion, sex, sexual orientation, ethnic background or age in accordance with
applicable State and Federal laws. The FOP agrees to cooperate with the City in complying
with Federal, State and local laws requiring affirmative action to assure equal employment
opportunity. The parties will comply with the Americans with Disabilities Act.
Section 11.3— Reduction In Work Force
When there is a reduction in the work force, employees will be laid off in accordance with their
length of time in grade service and their ability to perform the work available and applicable
veteran's preference laws. When two or more employees have equal ability, the employee with
the least amount of service will be the first one to be laid off. When the working force is
increased after a layoff, employees will be recalled in the order of seniority, with employees with
greater seniority recalled first. Notice of recall shall be sent to the employee at the last known
address by registered mail or certified mail. If an employee fails to report to work within thirty
(30) days 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.
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During the course of this Agreement, no employee will be laid off and no employee will be
demoted (except for.disciplinary demotions).
Section 11.4— Uniforms and Clothing Allowance
The City will continue its present policy concerning uniforms. The uniformed personnel's'
monthly maintenance allowance shall be sixty dollars ($60.00) per month for a total of $720.00
per year to be paid out in twenty-six (26) biweekly payments.
For those sworn employees assigned to work in civilian clothes, they shall receive a monthly
allowance of eighty-five dollars ($85.00) per month for a total of $1,020.00 per year to be paid
out in twenty-six (26) biweekly payments.
When transferred into the Criminal Investigation Unit or other unit requiring civilian clothes, the
City will advance the employee, at his/her request, the sum of four hundred twenty five dollars
($425.00) for the purchase of clothing. The employee affected shall agree to relinquish the
eighty-five dollar ($85.00) per month clothing allowance for the following five months, and shall
also agree to reimburse the City for any pro-rata amount in the event of transfer, termination,
resignation, or retirement prior to completion of five (5) months in the civilian clothes
assignment. If the reimbursement is caused by a transfer, the reimbursable amount shall be
collected at the rate of eighty-five dollars ($85.00) per month.
Section 11.5— Disclosure of Records
Employees will not have information contained within any of their files disclosed to persons
other than managerial and supervisory employees unless the person requesting such
information (including home telephone number, address, etc.) shall complete and sign a
"Request for Information" form and present proper identification, provided, however, that
information which is made confidential by State or Federal Statute shall not be disclosed except
in accordance with the requirements of law. The request form shall have provision for the name,
address, and telephone number of the person requesting the information and the reason for the
request. A copy of any such request form completed shall be left in the employee's personnel
file.
Section 11.6—Transfers.
It shall be the sole right of the Police Chief or his designee to transfer employees of the
Department. When a transfer is a change in an employee's unit assignment, reasonable
advance notice as is practicable under the circumstances shall be given. If a transfer is a
permanent change in an employee's shift or days off schedule, the employee shall be notified
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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.
Section 11.8— Negotiating Sessions
Time and dates for negotiating sessions shall be mutually agreed upon. Up to three (3) on-duty
FOP representatives shall be permitted to attend negotiating sessions without loss of pay or
benefits if they were otherwise scheduled to work.
Section 11.9—Job Descriptions
It is understood by the parties that the duties enumerated in the job description promulgated by
the City are not always specifically described and are to be construed liberally. The City agrees
to notify the FOP of any change in the job description of any classification in this bargaining unit.
Section 11.10— Defense of Members
In the event any action for civil damages is brought against a member of the bargaining unit
hereunder individually, and the City is not made a party.to any such.action, and if the employee
hereunder is found liable and a judgment for damages is rendered against him, the City will
itself or through insurance pay such damages and counsel fees for the employee providing the
employee's liability results from action of the employee arising out of and in the course of his
employment hereunder, and further providing that such judgment against the employee does
not result from the wanton and willful action of the employee.
Section 11.11 — Personnel Rules and Departmental Manual
Copies of the Personnel Rules and Regulations will be kept by Majors and Captains whose
copies will be available to members of the bargaining unit upon request.
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A copy of the manual of the Police Department is provided to all employees in the department
and proposed changes in said manual will be supplied to the President of the FOP or his
designated representative before implementation and an opportunity to discuss the changes will
be afforded. Any changes to SOP's shall contain a detailed legislative style description of the
proposed changes.
Section 11.12— Incorporation of Personnel Rules
Any personnel rules agreed upon by the parties for incorporation in this collective bargaining
agreement shall be set forth in an addendum to this Agreement.
Section 11.13— Medical Leave of Absence
After this Agreement is ratified, any employee requesting time off without pay as a Medical
Leave will be granted the time requested up to one (1) month, or longer at the Police Chiefs
discretion. Employees may use any accumulated leave time or comp time during this leave.
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ARTICLE 12
SEPARABILITY
If any provision of this Agreement is held to be in conflict with any law as finally determined by a
court of competent jurisdiction, that portion of the Agreement in conflict with said law shall be
inoperative and subject to immediate renegotiation for a replacement provision, but the
remainder of the Agreement shall continue in full force and in effect.
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ARTICLE 13
TIME BANK
A Time Bank shall be authorized by the City of Miami Beach, whereby members of the
bargaining unit may voluntarily donate accrued annual leave and sick leave to an FOP Time
Bank to be used as follows: (a) the President, or his designee(s), may draw from such Time
Bank, thereby detaching said person(s) from the normal course of their City assigned duties in
order that they may be permitted to perform duties in keeping with the obligations of the FOP to
its membership, and/or(b) by FOP members pursuant to Ordinance No. 1335, and pursuant to
rules and regulations to be established by the FOP that is not otherwise inconsistent with this
article or Ordinance No. 1335. The FOP President, along with the Police Chief (or designee)
will establish a committee of three (3) members whose purpose is to create the rules and
regulations mentioned in subpart b herein. The composition of the Time Bank Committee shall
be determined as follows: the FOP President shall appoint one (1) individual to serve on the
Time Bank Committee; the Police Chief (or designee) shall appoint one (1) individual that shall
serve on the Time Bank Committee and both the FOP President and the Police Chief shall
jointly appoint one (1) active FOP bargaining unit member to serve on the Time Bank
Committee. The Time Bank shall not be utilized for the purpose of attending collective
bargaining sessions between the FOP and the City of Miami Beach.
Time will be deposited into the Time Bank only after the contributor voluntarily signs an
authorization card detailing the type and amount of time to be donated. After review by the FOP
President or his representative, these cards are to be forwarded on a quarterly basis to the
Police Chief for his review, and if appropriate, approval. If approved, the Police Chief will then
forward this material to the Support Services Division, who shall take appropriate action to
implement the provisions of this section.
Time deposits shall be in hourly increments, with three (3) hours being the minimum amount
accepted.
The President, in his own behalf or on behalf of his designee(s), shall fill out the appropriate
form to be supplied by the city for each employee authorized to draw from the Time Bank. Said
form shall_be submitted by the President at least five (5) days in advance of anticipated use.
This form shall also include the statement that:
"Upon deduction of time by the City, the undersigned officer agrees to hold the City harmless for
any error or omissions in making said deduction or allocating the deducted time to the time
Pool."
This request shall be reviewed by the Police Chief, or his designee, and approved subject to the
manning requirements of the department. Such approval shall not be arbitrarily withheld. Such
approval, once having been authorized, may be rescinded subject to the manning requirements
of the department.
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
FOP-47
and longevity will be used. Time donated but not used will not be retrievable and will remain in
9 Y
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-48
ARTICLE 14
DRUG TESTING
a) Upon reasonable belief, based upon objective factors, that an employee has used an
unlawful drug, the Police Chief or, in his absence, the Assistant Police 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:
1. 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.
2. 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.
3. If the arbitrator finds there is not reasonable belief, the urine specimens shall
not be tested and shall be discarded.
4. If the arbitrator finds there is reasonable belief, or if no challenge to the
reasonable belief basis has been made, then one urine specimen shall be
tested by the laboratory selected by the parties.
5. All tests for an unlawful drugs 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.
6. 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.
b) Last Chance Agreement
Effective upon ratification of this Agreement, in the event an employee tests positive for
either drugs or alcohol as the result of a random or reasonable suspicion drug/alcohol test,
the following shall apply:
At the sole discretion of the City Manager, in consultation with the Police Chief, the
FOP-49
employee may be offered a last chance agreement; said agreement does not preclude
concurrent disciplinary action. If a last chance agreement is extended to the employee,
after he/she is cleared to return to work by the Substance Abuse Professional, the
employee shall be subject to unannounced testing administered by the City's Human
Resources Department, for a period of no longer than two (2) years. An employee may
only be eligible for one last chance agreement during his/her employment with the City.
Employees who test positive a second time for drugs or alcohol as the result of an
unannounced, random or reasonable suspicion drug/alcohol test, shall be terminated from
employment with the City.
If an employee who is offered a last chance agreement has his/her certification revoked
through the Florida Department of Law Enforcement, he/she shall immediately be
terminated from employment with the Miami Beach Police Department and shall have no
right to grieve, oppose the termination, and no right to any other position with the City.
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ARTICLE 5
HEART-DISEASE PRESUMPTION
A. Heart Disease Presumption
Any condition or impairment of health of any detention or sworn officer caused by heart
disease resulting in total or partial disability or death shall be presumed to have been
accidental and to have been suffered in the line of duty unless the contrary be shown by
satisfactory evidence; provided, however, that such detention or sworn officer shall have
successfully passed a physical examination upon entering into such service as a detention
or sworn officer, which examination failed to reveal any evidence of heart disease. If at any
time this Section is placed before an arbitrator for interpretation or application, what is
"satisfactory evidence" shall be determined by the arbitrator. If rights of detention or sworn
officers are placed before the Bureau of Workers Compensation, then what is "satisfactory
evidence" will be determined by the Bureau in accordance with Workers Compensation law.
Nothing herein shall be construed to be a waiver or limitation of any benefit provided under
Florida Statute 112.18.
B. Infectious Disease Presumption
Effective October 1, 2013, any documented post-exposure condition or impairment of health
caused by Human Immunodeficiency Virus/ Acquired Immune Deficiency Syndrome
(HIV/AIDS), Hepatitis C, Pulmonary Tuberculosis or Meningococcal Meningitis shall be
presumed to have been accidental and to have been suffered in the line of duty, subject to
the following conditions, unless the contrary be shown by competent evidence.
To qualify for the presumption, the following criteria must be met:
There must be an on-the-job documented exposure that meets scientific standards or
criteria, and the significant on-the-mob exposure must be stated, in writing, by a licensed
medical doctor. For example, contact with blood is not an exposure unless the
employee's skin, where the contact occurred, is not intact. Additionally, the person
whose blood came into contact with the employee's broken skin must have one of the
blood borne infectious diseases considered herein.
I Current Employees:
1. Current employees must undergo a post-employment medical examination,
administered by a qualified medical doctor to be selected by the City. The results
must reveal no evidence of HIV, AIDS, Hepatitis C, Pulmonary Tuberculosis or
FOP-51
Meningococcal Meningitis. Employees who refuse to comply with this post-
employment examination requirement shall not be eligible for the presumption.
4-.2. Current employees shall be required to sign a City-approved medical release
form authorizing the physician to provide the examination results directly to the City.
New Employees
2L.3. New employees, hired after ratification of this agreement, must complete a pre-
employment medical examination, administered by a qualified medical doctor to be
selected by the City, and the results must reveal no evidence of HIV, AIDS,
Hepatitis C, Pulmonary Tuberculosis or Meningococcal Meningitis.
3-4. New employees, whose test results reveal evidence of any of the aforementioned
infectious diseases, shall not be eligible for the presumption for the disease for
which they tested positive.
All current and new employees shall be tested at a health facility selected by the City. The
FOP Health Trust shall incur the cost associated with testing all current employees who are
members of the Health Trust; those employees who are not members of the Health Trust
shall incur the cost of their testing. The Citv shall incur the cost of testing all employees
hired after the ratification of this agreement.
All medical examination results, for both current and new employees, shall be released to
the City's Risk Manager.
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ARTICLE 16
PROMOTIONS
Section 16.1 —
Advancement to the ranks of Sergeant and Lieutenant shall be by examinations that measure
the knowledge, skills, and ability of personnel and by seniority. A promotional examination will
be given every two (2) years, unless the FOP President and the City Manager or his designee
for Labor Relations mutually agrees to some other schedule. Effective with the first test given
after ratification, the following revisions to Article 16 shall apply.
Section 16.2—
Eligible applicants for the promotional examination for Sergeant and Lieutenant shall be given a
two-part examination, consisting of a validated, written test, which shall comprise fifty percent
(50%) of the final examination score, and an Assessment Center or a mutually agreed upon
behavioral assessment component. The Assessment levels shall have a weight of fifty percent
(50%) of the total score. The written portion shall be given first and applicants for Sergeant or
Lieutenant positions must successfully pass the written test with a raw score of seventy percent
(70%) to be eligible, at a later date, to take the Assessment Center or the behavioral
assessment component portion of the examination. Passing scores for the Assessment Center
or the behavioral assessment component shall be set by the test consultant. If there are not a
significant number of minorities promoted after the next round of promotional testing after the
effective date of this Agreement, the parties will meet to review the respective weights and re-
negotiate the Article, if necessary.
Section 16.3—
All police officers who on the written test date have four (4) years of seniority from date of
appointment to Police Officer or Police Officer Trainee, and performance evaluations of
satisfactory or above for the preceding twenty-four(24) month period shall be eligible to take the
Sergeant's test. All Sergeants who on the written test date have two (2) years seniority from the
date of appointment as Sergeant and performance evaluations of satisfactory or above for the
preceding twenty-four (24) month period shall be eligible to take the Lieutenant's test.
Applicants 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
FOP- 53
will be considered qualified. Should any applicant, so disqualified for any of these alleged
reasons, contest such disqualification, he shall have access to the grievance procedure under
this contract.
Section 16.4—
The City Manager or his designee for Human Resources shall cause to be developed validated
examinations which closely measure the knowledge, skills, and abilities of a Miami Beach PEAGe
Sergeant of Police and a Miami Beach Lieutenant of Police, administer such examinations, and
prepare a promotional register, one for Sergeants and one for Lieutenants, containing the
names of persons who have passed the test., ranked in the order of such examination scores.
Promotions shall be by rank order.
The FOP shall facilitate participation of bargaining unit employees in providing information in
order to conduct the job analyses and develop the tests within the time frames requested by the
process; provided that such participation shall be on duty time.
Section 16.5—Seniority Points
a)0.2 point shall be added to an employee's Sergeant's passing examination score
for each completed year of service, to a maximum of 25 years.
b)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— Education Points
a) 0.02 points shall be added to an employee's Sergeant's passing examination
score for each completed credit of post secondary education from an accredited
institution of higher learning.
b .02 points shall '
0 p is s a be added to an employees Lieutenants passing examination
score for each completed credit of post secondary education from an accredited
institution of higher learning.
No combination of seniority and/or education points shall exceed six (6) points per employee.
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Section 16.67— Book Committee
A committee of five (5) incumbents selected by the Police Chief shall select the books and test
material from which technical knowledge questions on the written test and behavioral
assessment component will be drawn. Final selection shall be made after consultation with the
test developer.
Such selection or changes therein, shall only be made after a representative of the FOP shall
have a reasonable opportunity to meet and provide input on the selection process.
The test material chosen for the written test and for the behavioral assessment component shall
be described and announced by the City to the FOP and its members at least three (3) months
before such test.
Overview, Orientation, and Preparation sessions for the written test and f^r the AssessMeRt
GenteF test eF the behavioral assessment test shall be given at least thirty (30) days prior to
each test.
Section 16.78—Written Test Scoring
Within 24 hours after the administration of the written test, an applicant scoring session will be
conducted. Each examinee will be able to review a copy of his/her own answer sheet and the
scoring key(for his/her use during the review session only), with the correct response, the name
of the reading source and location from which each written test question was drawn.
Challenges will be written and submitted to the test developer during a minimum of two (2) post-
test review sessions occurring on separate days, and conducted within ten (10) calendar days
of test completion. The test developer shall conclusively decide all challenges based upon
standard industry techniques.
Section 16.99— Assessment renteF Test OF Behavioral Assessment Test Challenges
Upon completion of the determination of a score for the AssessrAeRt GenteF Test OF 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
his/herth& 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.
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Section 16.910—
Effective upon ratification of this Agreement, promotional examinations for the position of
Sergeant of Police and Lieutenant of Police will be given at least once every twenty-four (24)
months, in such fashion as to provide continuously active promotional lists. The City agrees to
begin the promotional process no later than nine (9) months prior to expiration of a certified
promotional list. all P FE)F GteeRal exams shall be ad"'ennsir"-rea--rRnRe(9) FnE) rtrhS 13FOOF W the
Formal examination scores and a promotional list
shall be certified and posted within two (2) weeks after completion of all challenges in Section§
16.8 above. Promotional lists shall expire twenty-four (24) months eighteeR (18) mG„+ho after
the certification and posting of the results of the promotional examination.
Section 16.4-011 —
In the event of same day promotions, seniority rank in the new position shall be determined, in
the order of standing on the promotional list. If there is a tie in the final scores that places more
than one examinee in the same position on the promotional list, these examinee's ranking order
on the promotional list shall be determined in the order of the examinee's seniority in the rank
that they presently hold (i.e., a tie score between two (2) sergeants will be determined by
awarding the highest ranking to the examinee with the most seniority as a sergeant, and a tie
score between two (2) officers will be determined by awarding the higher ranking to the
examinee with the most seniority as an officer, etc.).
i
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ARTICLE 17
FOP PRESIDENT
Section 17.1 —
The Miami Beach Fraternal Order of Police, William Nichols Lodge No. 8, Lodge President shall
have the option, for each fiscal year, of closed "D.D." (Detached Duty), as outlined in Section
17.2 below, or to conduct union business (under the conditions described in Section 17.2
below), through the use of a time bank. FeF fi al year 2006-2007 the time bank Shall be 1 500
The FOP President
shall notify the Police Chief in writing by September 15006 of each contract year, whether he
or she elects to utilize the 1500 hour time back provision or the D.D. provisions contained in
Section 17.2 below, during the following contract year. FeF fiGGal year 2007_2009, the time h
,
e'eGtS tG WtiliZe the 1500 hour time bank PFE)Vi6iE)R eF the D.D. GGRtaiRed OR SeGtiGR
17 '2 helnw Cnr faGGal yeer�g-220-0-9, the time bank shall be.tdttC-Fitlt#F°-r, GG�r�g }h° n y r�Q
QGtGbeF 1, 2008 thFeugh SeptembeF 30, 2009. The F=QP PFeSideRt shall RE)tify PGliGe Chief, iR
WFitiRg, by SeptembeF 4 5, 2009, whetheF he e!eGts te utilize the 1500 heuF time baRk pFovisieR
OF the D.D. Previoieno nnr,taiRed OR SeGtin„ 17.2 heln,�Unused time bank hours from one
contract year shall rollover to the next contract year, not to exceed a total maximum of 3000
hours per contract year. Time for attendance at negotiations for a successor agreement is
addressed in Article 11.8 of this Agreement.
Section 17.2—
The Miami Beach Fraternal Order of Police, Lodge No. 8, Lodge President shall be released
and detached from full time duties as a police officer while serving as Lodge President and shall
be carried full-time in a pay status to be shown on the payroll as "D.D." (Detached Duty). The
following conditions shall apply:
a) For the purpose of recording time, the Lodge President will notify the Police Chief of all
absences, including vacations, sick leave, meeting attendances, out of town trips, etc.
The Lodge President shall be required to work a 40-hour workweek.
b) The Lodge President will be available at the FOP office currently located at 999 11 t"
Street, Miami Beach, Florida 33139, for consultation with the Police Department
Management or the City Administrators between normal working hours.
FOP-57
c) Should the Lodge President wish to change offices, (s)he will notify the Police Chief, in
writing, at least five (5) working days prior to the proposed change. Said notice will
include the address and the telephone number of the new office for the FOP Lodge
President.
d) In the absence of the Lodge President, the Lodge President's designee may represent
the Fraternal Order of Police.
e) The FOP will not send additional employees in a pay status to attend City Commission
or Personnel Board meetings without approval of the Police Chief or his designee.
f) All applicable Miami Beach Police Department rules, regulations and order shall apply to
the person who is the President of the Lodge and on D.D.
Section 17.3—
The Management of the Miami Beach Police Department or the City Administration reserves the
right to rescind the provisions of this Article in the event that it is found to be illegal. Canceling
the Article shall not preclude further discussions of any Lodge Presidents' release for Union
business.
FOP-58
I
I
ARTICLE 18
REOPE E DETENTION OFFICERS
Following ratification of this Agreement, the City shall conduct an audit of the Detention Officer
classification., the-Fe shall bee i.m.m.edmate FeE)peneF fGF RegetwatiGRS feF the PLIF P SeS 0�
entitled, H
tiianlo ,entitlled, PFE)Fn tinnc
FOP-59
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-60
ARTICLE 20
TERM OF AGREEMENT
This Agreement shall be effective as of the 1st day of October, 20092012 and shall remain in
full force and effect until the 30th day of September, 20122015.
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 day of , 201344.
MIAMI BEACH FRATERNAL ORDER CITY OF MIAMI BEACH
OF POLICE, LODGE NO. 8
By: By:
ALEJANDRO BELLO JIMMY L. MORALES
FOP PRESIDENT CITY MANAGER
By: By:
KEVIN MILLAN MATTI HERRERA BOWER
FOP SECRETARY MAYOR
Approved by vote of the City Commission
On the day of , 2013.4.9.
ATTEST:
Date:
I ROBERT PARGHERRAFAEL E. GRANADO
CITY CLERK
FOP-61
City Attorney Date
FOP-62
FRATERNAL ORDER OF POLICE
FOP LODGE NO. 8
ELECTION OF REMEDY FORM
Grievance No.
1. IMe elect to utilize the Grievance Procedure contained in the
current Contract between the City of Miami Beach, Florida, and
the FOP. In making this election, I/we understand that selection of
another forum, as defined by the FOP Contract, shall bar any
consideration of the Grievance under the FOP collective
bargaining agreement.
2. I/We elect to utilize another forum for my/our grievance, and in
doing so, I/we understand that this election shall bar any
consideration of this matter under the FOP collective bargaining
agreement.
Signature Date
Subject of Grievance/Appeal:
FOP-63
Addendum: Hearing Examiner Rules
HEARING EXAMINER RULES
SECTION 1: REQUEST FOR HEARING: Any member of the bargaining unit may appeal
from disciplinary action within ten (10) days after the delivery or mailing to
him/her of such written notice, by filing a written request for a hearing to the
Hearing Examiner or his/her designee. If the tenth day falls on a Saturday or
Sunday, he/she will have the ability to file for an appeal on the following Monday.
SECTION 2: DISCIPLINARY HEARINGS:
(a) The City Manager or his/her designee not later than ten (10) days after
receipt of such appeal, shall fix a place and time for holding a public
hearing within a reasonable time thereafter. Written notice of such time
and place shall be delivered or mailed promptly to both the Appellant and
the Appointing Officer.
Only the Hearing Examiner may grant a continuance to either party for
good and sufficient cause. No continuance shall be granted to either
party unless such request for continuance is received in writing by the
City Manager or his designee at least ten (10) days prior to the date of
said scheduled hearing of appeal.
b The Hearin Examiner may, at the request of the Appointing Officer or the
� ) 9 Y 4 PP 9
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.
FOP-64
i
Said attorney shall be an attorney duly admitted and licensed to practice
in the State of Florida. In the event that the Appellant does not retain an
attorney, said Appellant may have an advisor of his/her choice present.
Such advisor shall not have the right to interrogate any witnesses or to
enter objections to any testimony or evidence presented to the Hearing
Examiner, nor may such advisor speak in the Appellant's behalf.
(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-65
i
APPENDIX A
COMPENSATION PLAN
FOP-66
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