Miai Beach Fraternal Order of Police Agreement EXHIBIT A
AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
and
MIAMI BEACH FRATERNAL ORDER OF POLICE
WILLIAM NICHOLS LODGE NO. 8
Period Covered
October 1, 200912 through September 30, 2015
TABLE OF CONTENTS
PAGE NUMBER
AGREEMENT& PREAMBLE.......................................................................................................................1
ARTICLE1. RECOGNITION.................................................................................................................. 2
ARTICLE2. DEDUCTION OF DUES.................................................................................................... 3
Section2.1. Check-off................................................................................................................................ 3
Section 2.2. Legal Services Trust Fund ..................................................................................................... 4
Section2.3. Indemnification. ...................................................................................................................... 4
ARTICLE3. 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
Section3.3. 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....................................................................................................................
Section4.2. No Lockout................................................................................................................ 8
ARTICLE5. MANAGEMENT RIGHTS................................................................................................... 9
ARTICLE6. POLICE EQUIPMENT...................................................................................................... 10
ARTICLE 7. HOURS OF WORK AND OVERTIME............................................................................. 11
Section7.1. Purpose.................................................................................................................... 11
Section7.2. Normal Workweek...................................................... ........................................... 11
Section 7.3. Four-Day Workweek................................................................................................. 11
Section7.4. Weekly Overtime...................................................................................................... 11
Section 7.5. Distribution of Overtime Opportunity........................................................................ 11
Section7.6. No Pyramiding...........................................................................................................12
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TABLE OF CONTENTS
PAGE NUMBER
ARTICLE 8. WAGES AND FRINGE BENEFITS.................................................................................. 13
Section 8.1. `"'Across-the-Board Wage Increases......................................................13
Section 8.2. Police Vehicle Policy................................................................................................ 13
Section8.3. Compensation Plan.................................................................................................. 15
Section 8.4. Step and Longevity Increases..................................................................................16
Section8.5. Shift Differential.........................................................................................................16
Section8.6. Holidays....................................:............................................................................... 17
Section8.7. Vacation Benefits..................................................................................................... 17
Section 8.8. Sick and Vacation Leave Accrual and Payment on Termination.............................17
Section8.9. 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
Section8.18. Extra Weapon......................................................................................................... 21
Section8.19. Quality of Life ......................................................................................................... 21
Section 8.20. Forced Holdover..................................................................................................... 21
Section8.21. Pension and DROP................................................................................................ 22
Section 8.22. Premium Pay Supplement......................................................................................27
Gtinn 8.23. wta
R— ybaGk of Drebati )RaFy Time - I
..... . .......... 27
Section 8.24. "Me Too"with the IAFF .......................................................................................... 27
Section 8.25. CJSTC Police Instructor Incentive Pay.................................................................. 27
ARTICLE9. FOP HEALTH TRUST ..................................................................................................... 29
Section9.1......................................................................................................................................29
Section9.2......................................................................................................................................31
Section9.3....................................................................................... . ............................................32
Section 9.4......................................................................................................................................
32
Section9.5......................................................................................................................................32
Section9.6......................................................................................................................................32
Section9.7..................................................................................................................................... 33
Section 9.8.....................................................................................................................................
33
Section9.9. .................................................................................................................33
Section 9.10 Post Employment Health Program...............................................................33
ARTICLE 10. EDUCATIONAL LEAVE AND TUITION REFUND...........................................................34
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TABLE OF CONTENTS
PAGE NUMBER
ARTICLE 11. GENERAL PROVISIONS
Section 11.1. Safety and Health...................................................... ........................................... 35
Section 11.2. FOP Activity and Non-Discrimination.....................................................................
Section 11.3. Reduction In Work Force .......................................................................................
5
Section 11.4. Uniforms and Clothing Allowance..........................................................................
Section 11.5. Disclosure of Records............................................................................................
Section11.6. Transfers................................................................................................................
Section 11.7. Meeting Between Parties........................................................................................
Section 11.8. Negotiating Sessions..............................................................................................
. 7
Section11.9. Job Descriptions.....................................................................................................
Section 11.10. Defense of Members............................................................................................
Section 11.11. Personnel Rules and Departmental Manual........................................................ 37
Section 11.12. Incorporation of Personnel Rules.........................................................................
7
Section 11.13. Medical Leave of Absence................................................................................... 37
ARTICLE12. SEPARABILITY................................................................................................................ 38
ARTICLE13. TIME BANK....................................................................................................................... 39
ARTICLE14. DRUG TESTING................................................................................................................ 41
ARTICLE 15. HEART DISEASE PRESUMPTION................................................................................... 42
ARTICLE 16. PROMOTIONS...................................................................................................................
4
Section 16.1...................................................................................................................................
4
Section 16.2...................................................................................................................................
4
Section 16.3...................................................................................................................................
4
Section16.4...................................................................................................................................
Section16.5. Seniority Points......................................................................................................
Section 16.6 Education Points....................................................................................44
Section16.67. Book Committee...................................................................................................
Section 16.7-8. Written Test Scoring..............................................................................................
— 44
Section 16.69. Assessment Center r Behavioral Assessment TestGGrnpenent Challenges...... 45
Section .
16.1910.......................................................................... ..................................................
_ 4
Section16.4119............................................................................................................................. 45
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TABLE OF CONTENTS
PAGE NUMBER
ARTICLE 17. FOP PRESIDENT...............................................................................................................
4
Section 17.1...................................................................................................................................
4
Section 17.2...................................................................................................................................
4
Section 17.3...................................................................................................................................
47
ARTICLE 18. DETENTION OFFICERS REOPEN ...................................... 48
ARTICLE 19. ENTIRE AGREEMENT.......................:............................................................................5249
ARTICLE 20. TERM OF AGREEMENT.....................................................................................................50
ELECTIONOF REMEDY FORM............................................................................................................... 51
HEARINGEXAMINER RULES ............. .................................................................................................. 52
APPENDIXA—COMPENSATION PLAN ............................................................................................... 54
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AGREEMENT
I THIS AGREEMENT, made and entered into this day of 204813, by
and between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the MIAMI BEACH
FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 (herein called the"FOP").
PREAMBLE
WHEREAS, the FOP has been selected as the sole and exclusive bargaining representative by a
majority of employees in the certified bargaining unit set forth in Article 1, and has been recognized by the
City pursuant to the laws of the State of Florida as the sole and exclusive bargaining representative for
said employees; and
WHEREAS, it is the intention of the parties to this Agreement to provide in manner which is
binding and superior to ordinances and personnel rules of the City, for a salary schedule, fringe benefits,
and conditions of employment of the employees covered by this Agreement, and to provide for the
continued and efficient operation of the City's Police Departments: and to provide for an orderly and
prompt method of handling and processing grievances; and
WHEREAS, the FOP and the City agree to seek and maintain high standards for the operation of
the Police Department;
NOW, THEREFORE, the parties agree as follows:
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ARTICLE 1
RECOGNITION
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.
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ARTICLE 2
DEDUCTION OF DUES
Section 2.1 —Check-off
Upon receipt of a lawfully executed written authorization from an employee which is presented to the City
by an official designated by the FOP in writing, the City agrees during the term of this Agreement to
deduct biweekly FOP dues of such employees from their pay and remit such deductions to the FOP
Treasurer within fourteen (14) calendar days however, such authorization is revocable at the employee's
will upon thirty (30) days' written notice to the City and the FOP. The City shall deduct the dues from the
FOP members who have authorized such a deduction in the following manner: Each member's 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$51,7-56.3653,309.01.
$53,309.016,7-56.36 x .015=$799.6476:34/26 = $29-6630.76
$ 630.76 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.
Section 2.2—Legal Services Trust Fund
If the FOP establishes a Legal Services Trust Fund, upon receipt of a lawfully executed written
authorization from an employee which is presented to the City by an official designated by the FOP in
writing, the City agrees during the term of this Agreement to take biweekly deductions from such
employees from their pay and remit such deductions to the Trustee within fourteen (14) calendar days;
however, such authorization is revocable at the employee's will upon thirty (30) days' written notice to the
City and the FOP. There will be no charge to the FOP for Legal Services Trust Fund deductions.
The FOP will notify the City in writing of the exact amount of such uniform Legal Services Trust Fund
deductions. The FOP will notify the City thirty (30) 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.
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Section 2.3—Indemnification
The FOP agrees to indemnify and to hold the City harmless against any and all claims, suits, orders, or
judgments brought or issued against the City as a result of any action taken or not taken by the City under
the provisions of this Article; provided, that the City will not be indemnified or held harmless for any
intentional tort. This indemnification is not intended to cover claims made by, or on behalf of the FOP.
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ARTICLE 3
GRIEVANCE PROCEDURE
Section 3.1 —Definition of Grievance and Time Limit for Filing
A grievance is a dispute involving the interpretation or application of the express terms of this Agreement,
excluding matters not covered by this Agreement; or where Personnel Board rules and regulations are
involved; provided that disciplinary actions, including discharges, may be grieved under this Article, as
provided herein. See Section 3.7 (Election of Remedies) for procedures to be utilized in particular
circumstances. No grievance shall be entertained or processed unless it is submitted within twenty (20)
workdays (excluding Saturday, Sunday, or holidays recognized by the City) after the occurrence of the
first event giving rise to the grievance or within twenty (20)workdays after the employee, through the use
of reasonable diligence, should have obtained knowledge of the occurrence of the first event giving rise to
the grievance.
Section 3.2—Grievance Procedure
The FOP shall have the right to initiate and process grievances on its own behalf or on behalf of named
members of the bargaining unit. However, the FOP shall have the right in its sole discretion not to
process grievances on behalf of bargaining unit members who are not members of the FOP, provided it
notifies said employee of its decision not to proceed. Grievances shall be processed, individually, as
follows:
Step 1: The grievance shall be presented, in writing on the Grievance Form supplied by the
City, to the employee's unit or division commander or a designated representative,
who shall answer within five (5) workdays after such receipt. The employee will also
provide the FOP with a copy of said grievance.
Step 2: If the grievance is brought by the FOP on its own behalf, or if the grievance is brought
on behalf of an individual(s) and is not settled in Step 1 and an appeal is desired, it
shall be referred in writing to the Police Chief or his designee. The Election of
Remedy Form shall be completed and signed by the FOP and/or the grievant, and
attached to the Step 2 grievance. The Police Chief shall discuss the grievance within
ten (10) workdays with the employee and the FOP grievance committee at a time
designated by the Police Chief. If no settlement is reached, the Police Chief shall
give the City's written answer to the employee and the FOP grievance committee
within five (5)workdays following their meeting.
Step 3: 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
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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.
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
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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 the numbers of this committee.
The members of this committee may not conduct any investigation while on duty without receiving the
permission of the Police Chief, or in his absence, the duly authorized representative acting in his behalf;
however, such permission shall not be unreasonably withheld. Department clerical personnel will not be
used by the grievance committee in grievance matters. The grievance committee shall not unreasonably
use other departmental resources for the purpose of conducting grievance-related work.
Section 3.10—Waiver of Time Limitations or Steps
The parties may mutually agree in writing to extend any of the time limitations set forth above for the
processing of grievances and may also waive any of the intermediate steps of the grievance procedure in
writing.
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ARTICLE 4
NO STRIKE AND NO LOCKOUT
Section 4.1 —No Strike
The parties hereby recognize the provisions of Chapter 447, Florida Statutes, which define strikes,
prohibit strikes, and establish penalties in the case of a strike, and incorporate those statutory provisions
herein by reference.
Section 4.2—No Lockout
The City will not lockout any employees during the term of this Agreement as a result of a labor dispute
with the FOP.
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ARTICLE 5
MANAGEMENT RIGHTS
It is recognized that except as stated herein, the City shall retain all rights and authority necessary for it to
operate and direct the affairs of the City and the Police Department in all of its various aspects, including,
but not limited to, the right to direct the work force; to plan, direct, and control all the operations and
services of the Police Department; to determine the methods, means, organizations, and personnel by
which such operations and services are to be conducted; to assign and transfer employees; to schedule
the working hours; to hire and promote; to demote, suspend, discipline or discharge for just cause, or
relieve employees due to lack of work or for other legitimate reasons; to make and enforce reasonable
rules and regulations; to change or eliminate existing methods, equipment, or facilities; provided,
however, that the exercise of any of the above rights shall not conflict with any of the expressed written
provisions of this Agreement and that a grievance may be filed alleging such a conflict.
The City shall not employ more than thirty-eight(38) Reserve Police Officers. No Reserve Police Officers
will be authorized to perform off-duty work as a police officer, unless reasonable efforts to fill an off duty
job with bargaining unit member fails. Reserve Officers shall be compensated one dollar ($1.00) per
fiscal year.
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ARTICLE 6
POLICE EQUIPMENT
The City agrees to continue the current policy of issuing equipment which includes shirts, pants, footwear,
leather, department issued weapons, ammunition, handcuffs, expandable batons, light and heavy jackets,
rain gear and traffic templates. Additionally, the City will supply an initial issue whistle to all patrol officers.
Replacement of whistles shall be at the officer's expense. To the extent that a flashlight is a required
article of equipment, the City shall provide it. The City will reimburse employees for the cost of
replacement of protective vests up to a maximum of $550.00, when needed. However, effective upon
ratification of this Agreement, as long as the City is a recipient of the U.S. Department of Justice
Bulletproof Vest Partnership (BVP) Grant, the City will reimburse employees for the cost of replacement
of protective vests up to a maximum of$750.00, when needed. If the City is no longer a recipient of the
BVP Grant, then the reimbursement rate shall revert back to the$550.00 amount.
Necessary ammunition will be issued to each employee every twelve (12) months to guarantee reliability
of the ammunition.
Retiree Service Weapon
A bargaining unit member who retires in good standing from the City shall receive his/her service firearm
upon retirement provided that the member does not retire in lieu of termination. The Police Chief (or
designee) shall have the right to deny this benefit for any justifiable reason to be approved in conjunctions
with the Human Resources Director(or designee).
All bargaining unit members who retire due to in-service connected injuries/disabilities regardless of
creditable years of service with the City's Police Department shall be eligible to receive their service
firearm.
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ARTICLE 7
HOURS OF WORK AND OVERTIME
Section 7.1 —Purpose
This Article is intended to define the normal hours of work and to provide the basis for the calculation and
payment of overtime. It shall not be construed as a guarantee of hours of work per day or per week, orfof
days of work per week.
Section 7.2—Normal Workweek
The normal workweek shall consist of forty (40) hours per week and such additional time (subject to
Section 7.4 and 7.5 below) as may, from time to time, be required in the judgment of the City to serve the
citizens of the City. The workweek shall begin with the employee's first regular shift each week. All hours
scheduled in the normal workday will be consecutive. An employee called in early in advance of his
normal shift starting time will not be sent home early on such day for the purpose of avoiding overtime
unless such employee is in agreement with the request to leave early; provided, however, that except as
limited by Section 7.3 below, the City shall retain its right to establish and modify normal work schedules.
Section 7.3—Four-Day Workweek
The City shall extend the present policy of a four(4) day workweek to all employees in the bargaining unit
except employees on light duty because of injuries or illness which are not service connected.
Employees who suffered a service connected injury or illness and who are permitted to work light duty
may work up to thirty-two (32) weeks, measured non-consecutively from the date of injury, on light duty
on a 4-10 schedule, or to receive ISC payments for thirty-two (32) weeks, or a combination of both.
Thereafter, the officer may be assigned to work a 5-8's shift in a light duty assignment during the
pendency of his/her light duty.
Positions occupied by employees who are permitted to elect either a 4-10 or a 5-8 work schedule shall
continue on that basis.
Detention Officers shall continue to work a 5-8 work schedule.
Section 7.4—Weekly Overtime
For all hours actually worked in excess of forty (40) hours during an employee's workweek, the City will
pay the employee one and one-half (1-1/2) times the employee's straight time hourly rate of pay. The
current practice for calculating hours worked will remain in effect.
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Section 7.5—Distribution of Overtime Opportunity
a) Overtime is recognized as being of three(3)general types within the Police Department:
1. Carry-over Overtime—Overtime for work carried over from an employee's
regular duty assignment (e.g., uniform officer on arrest; detectives'
on-going investigations). "Carry-over Overtime" shall not be subject to
equal distribution rules.
2. Staffing Overtime — Overtime due to staffing needs. Staffing Overtime
shall be distributed on a rotating basis, as equally as practicably possible,
among employees in the particular work unit who are qualified to perform
the particular overtime work, by departmental seniority.
Employees who are not in the particular work unit or division will not be
assigned to Staffing Overtime unless reasonable attempts to assign
employees from within the work unit or division have failed.
3. Special Event Overtime — Overtime for planned events or assignments.
Special Event Overtime shall be distributed on a rotating basis, as equally
as practicably possible, among all sworn employees in the Department
who are qualified to perform the particular overtime work, by departmental
seniority.
b) Records for Staffing Overtime will be maintained at the Platoon or work section level. Records
for Special Event Overtime will be maintained at the Department level.
c) Pay for overtime work will be paid no later than two (2) full pay periods following the pay period
in which the overtime/court attendance slip is submitted and approved by the employee's
supervisor.
Section 7.6—No Pyramidinq
Compensation shall not be paid more than once for the same hours with the exception of the assignment
of "guaranteed minimum hours" provided for in Section 8.3, entitled Call in Pay; Section 8.10, entitled
Court Time Compensation; and/or Off-Duty Assignments as outlined in the Department's Standard
Operation Procedures (SOP's); or any other guaranteed minimum hours that are established during the
term of this Agreement.
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ARTICLE 8
WAGES AND FRINGE BENEFITS
Section 8.1 -WagesAcross-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.
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%)_-Pe
across-the-board wage increase. This across-the-board wage increase shall increase the
minimums and maximums of the pay ranges for those classifications covered by this Agreement.
EffeGti-Ve with the first full pay per._-d- D n April 2012, there shall be aR aGFGGS the beaFd wage
irnrer+ a of throe peFGent(3%).
I
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 by Departmental seniority.
To defray the operating expense incurred by the City as a result of the non-official use of take-home
vehicles, employees shall be assessed a user fee The fee shall be based on the location of their primary
residence as shown below:
LOCATION BIWEEKLY FEE
Miami Beach -0-
Dade County(other than Miami Beach) $25.00
Broward County $30.00
Palm Beach County (as limited below) $45.00 or$75.00
Effective with the pay period upon ratification of this Agreement, employees will contribute an additional
seven dollars ($7.00) take-home vehicle user fee for an eighteen (18) month rolling period. The additional
seven ($7.00) contribution will be added to the take-home vehicle user fee amounts prescribed above.
Upon the completion of the eighteen (18) month rolling period, the take-home user fee will revert back to
the take-home vehicle user fee that is based on the location of the employee's primary residence as
provided for above.
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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
a) Non-Certified Hire - A newly hired, non-certified Police Officer will be
placed in the Police Officer Trainee Step 1 rate of pay while attending the
Police Academy and until he/she receives notification of passing the
State Certification examination. The pay period following the notification
of passing the State Certification examination the bargaining unit
employee will be placed in Police Officer Trainee Step 2 rate of pay for
the duration of his/her first year of service. Upon completing his/her first
year of service, in accordance with Section 5 below, the bargaining unit
employee shall be placed in Step A.
FOP- 14
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.
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 shall be added to the maximum pay range for the
classifications of Police Officers, Sergeants of Police and Lieutenants of Police. The additional step will
FOP - 15
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increase the maximum of the range for the aforementioned classifications by five percent (5%). The
minimum pay range shall stay as is and there shall be no immediate pay increase for any employees.
Those employees at the maximum of the range as of April 1 2014 will move into the new step on April 1,
2015..
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.
FeF all work by the third shift performed after &00 p.m., effeGtive QGtGbeF 1, 2006, the shift differeRtial pay
of forty-five GeRtS ($.45) per hour shall be inGFeased to seveRty-five Geents ($.75) peF hour, whiGh shall be
added to the e.mpleyee's hourly ratei and effeGtive QGtebeF 1, 2006, feF all work by the first shift perfq
., the shift diffeFeRtial pay of seventy five GeRtS ($.75) peF hew shall be iRGreased tG GRe
rate.dellar ($1.00) peF hGLAF, whiGh shall be added to the empleyee's hourly If the City rearranges the
shift scheduling or establishes any new shift, shift differential pay shall follow the above below formula
based on the time period in which a majority of hours are worked by the employee. Thus, I+f a majority of
the non-standard shift hours are after 3:00 p.m., all the shift differential pay for all post 3:00 p.m. hours,
effective October 1, 2006, shall be Ghanged to-seventy-five cents ($.75) per hour. If a majority of the
non-standard hours are after 11:00 p.m., all the shift differential pay for all post 11:00 p.m. hours, effective
October 1, 2006 shall be 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 eligible 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 work on that holiday.
The following holidays shall be recognized as follows:
Holidays Recognized Date
New Years Day January 1,
Independence Day July 4
FOP- 16
i
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 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 no more than 500 hours on an annual basis, and, except in accordance with provisions
for postponement of vacation leave as set forth in Article 8, Section 7, of this Agreement; be permitted to
transfer sick leave in excess of 360 hours to vacation leave at the rate of two days' sick leave to one day
vacation leave to be used in the pay period year when transferred; be permitted a maximum payment at
time of termination, death, or retirement of, no more than 620 hours vacation leave and one half (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) will be established and
implemented as stated in this section. The annual sick leave "sell back period" shall cover eash of the
following fiscal years: October 1, 201305 through September 30, 201496; and October 1, 201486 through
September 30, 201507_; , 2008 thrGugh
September-3 _280-9—The payments for each annual sick leave sell back period will be made in the last
pay period in November after the close of the applicable sell back period. The sick leave sell back
program shall terminate at the end of the fourth second annual sell-back period in 201509 (i.e., after the
last payment in November of 201509). The sick leave sell back program will allow a qualified employee
to sell back up to a maximum of 6096 hours of sick leave at the end of each sell back period (i.e., the "sell
back date" shall be September 30 of each fiscal year sell back period). However, the maximum number
of sick leave hours that may be sold back on each sell back date shall be reduced by one hour for each
hour of sick leave or emergency vacation leave the employee used during the applicable annual sell back
period (e.g., if an employee uses 10 hours of sick time he is only eligible to sell back forty (8640) hours).
In order to qualify for the sick leave sell back program, the employee must: (1) have been employed by
the City throughout the entire sick leave sell back period being measured (e.g., the hire date must be
FOP- 17
more than 12 months before the applicable sell back date), and (2) the employee must maintain at least
360 hours of combined accumulated accrual of sick and vacation leave after each sell back date (i.e., the
sick leave hours sold back as part of this program cannot drop the employee below the combined total of
360 hours of accrued sick and vacation leave).
However, this pregFam shall not be OR plaGe for the term of this AgreerneRt (C)Gtaber 1, 2009 thF
September 30 2012\
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 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.
Section 8.1240—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 g uaranteed
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
FOP- 18
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. 14—Standby Pay
When an employee is placed on standby during off-duty hours by order of the shift commander for the
purpose of being available to return to duty to handle emergency crowd control or natural disasters, he
will be paid one-half (1/2) of his regular base rate for all standby time up to a maximum of eight (8)
full-time hours in a twenty-four(24) hour period, starting with the time he is notified to stand by. Standby
remuneration shall cease at the earlier of sixteen (16) hours in a twenty-four(24) hour period or when the
employee is notified by order of the shift commander that the standby order is rescinded. Standby hours
shall not be considered as hours worked for purposes of overtime.
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—Injury Service Connected QSC)
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
FOP - 19
employee is entitled to receive, and his or her regular rate of pay for any time lost from work due to
injuries sustained under the following circumstances:
a) While on duty and entitled to be paid by the City; or
b) While reasonably exercising police officer functions within the City limits of Miami Beach while off
duty; or while working a departmentally sanctioned off-duty job; or
c) While exercising police officer functions when there is a physical danger to a person and the
employee takes reasonable action off duty in the state of Florida; or
d) When operating a City vehicle, being duly authorized to do so by the City; or while on a
reasonably direct travel route to or from work and home in their private vehicle while within the
City limits.
e) In the circumstances described above (subparagraphs 1 through 4), the City agrees that it is and
will consider itself the employer and the employee the City's employee.
After the advice and comments of the Police Chief and the FOP President, the City Manager, at his 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 8.4719—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 '/2%). 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 8.4-820—Extra Weapon
J
Employees will be allowed to carry a concealed, extra weapon while on duty, as approved by the range
master.
Section 8.U21 —Quality of Life
FOP-20
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 Effective September 30 2015 the supplement pay shall
decrease further to $25.00 per pay period for all those employees participating in the program Eff
with the fiFst full payroll peried beginning afteF September 30, 2009, a supplemeRt ef $57.60 peF pay
Dd-f()F these empleyees PaFt!Gipating in the program. Beg!RniRg with the first full p�ayroll peFied afte
!F 30, 2010, the supplemeRt will be to a rate of $67.0C) per pay. peried fer thGse-
emp'Gyees paFtiGipating in the program.
The Police Chief or his designee shall develop certification requirements which employees must meet to
be eligible for any Quality of Life supplement payments. The Quality of Life supplement will be made
available to all qualifying Bargaining Unit Members.
Section 8.2822—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 8:2324—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, 20134-0(except as otherwise specified below):
a) Upon completion of ten (540) years of creditable service under the pension system members may
purchase additional creditable service under the System for up to two (2) years of full-time p
safety serViGe aass a law eRfGFGemeRt GffiGeF pFier te City employment, provided the member is nGt
her PeRsion plaR, and further provided that
the mernbeF may not pUrGhase a GOrnbined total of more than four (4) years Gf Greditable serviGe
,hliG safety seFViGe and -prior military service up to an additional six percent (6%)
multiplier, at ten (10) or ten-and-one-half percent(10.5%) whichever is applicable, of pensionable
salary for each year of military service purchased.,-- The root for e@Gh year of GFeditablle see i-G
fer pripr publiG safety ser-viGe PUFGhased shall be the same rate as previded On the plan fer the
, 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.
0 (3%),
FOP -21
paragFaph (A), above, may not eXGeed two (2) years if a member PUFGhases an additienal sox
0
peFGeRt
, or three (3) years if the member PUFGhases aR additional three per
0 (3%) multiplier purGhased shall be t4e
this PUFGhase, aR empleyee may use the value ef aGGFued GiGk and/or aRnwal leave, valued at the
employee's hourly rate at the time of ni irr`hase.
s312IThe purchase of additional service provided in subseGteen D Viand t� hurGhas-e of
must be completed within 36 months
following a member's completion of five 5 a 8
years of creditable service under the pension plan_, wh "aver GGGUr-s-IQter fGr the mern - If a
member does not complete the purchase within the 36 month period, he/she shall not be eligible
for the purchase in the future.
d) UPGn reaGhing eligibility fer nGrmal retirement, a member may e!eGt tG apply unused GiGk and /Gr
vaGatien time at 0 (a'GRg 0
a membeF's final average MORthly eaFRing, -Ret tG eXGe-ed the Gaps pFeseRtly speGified iR the-
Miami Reach PGIOGe and Fire Dencinn (lydinaRG
e)cEffective upon ratification of the 2009-2012 collective bar-gaining agreement between the City and
the FOP, +s-ssRtrast-, all compensation for work performed pursuant to Off-Duty Assignments, as
outlines in the Department's Standard Operating Procedures (SDP'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
time, overtime pay, and/or off-duty pay, Gannet-exceed the caps presently specified in the Miami
Beach Police and Fire Pension Ordinance.
DEFERRED RETIREMENT OPTION PLAN (DROP)
1. Eligibility — Any active employee member of the Miami Beach Police and Firefighters Pension
Plan may enter into the DROP on the first day of any month following the date upon which the
employee first became eligible for a normal service retirement, subject to the conditions
expressed herein or as modified from time to time.
2. Conditions of Eligibility— Upon becoming eligible to participate in the DROP, an employee may
elect to enter that program for a period not to exceed sixty 606 months. Notwithstanding,
participation may not continue beyond the date when the employee's combined years of
creditable service and time in the DROP equals 352 menths (387 Fnenths for employees whe
were Plan membeFs priGr te july 1, 1976), eXGe-pt for these peFSORs entering the DROP UndeF the
windew per*Gd set forth an PaFagraph 11 be!Gw. Employees whG eRter the DROP eR eF after
September 1, 2012 shall be eligible to PaFtiGipate for a period RGt tG eXGeed sixty (60) Fnenths-.
Netwithstanding, fGr these employees eRtering the DROP GR Gr afteF September 1, ,
Greditable seniine and time in the DROP equals 376. months ('�Q(1 376 months for members hired
pr��-�,�cry�c� y� v-rrrvrrcrr.� ��...
FOP-22
after the ratification of this GentFaGt± provided also that participation in DROP shall require the
a,zcrcrn—r�rrt,vu�vr,-�r-m�-��� ., ,.
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—
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 fie/she is a
. participant in the DROP, or after termination of participation in the DROP.
c) A DROP participant is not eligible for disability benefits from the Plan.
d) An employee may participate in the DROP only once.
e) Effective with the start date of an employee's DROP participation, contributions to the
Pension Plan by the employee and the normal cost contribution to the Pension Plan
by the City, on behalf of the employee, shall cease.
5. Payments to DROP Account—A DROP account shall be created for each member who elects
to participate in the DROP. A DROP account shall consist of amounts transferred to the DROP
from the Plan, which include the monthly retirement benefits, including any future cost of living
increases, that would have been payable had the member elected to cease employment and
receive a normal retirement benefit upon commencing participation in the DROP, and earnings on
those amounts. Provided, employees who enter the DROP on or after September 1, 2012,
through the ratification date of this agreement, shall continue to receive a zero percent (0%) cost
FOP-23 "
J
of living adjustment for the third (3rd) and fourth (4th) annual adjustment dates, regardless of
whether the employee remains in the DROP for the maximum five (5) year period. Provided
further, any employee who exits the DROP within six (6) months following the date of DROP
t of living adjustment as otherwise provided in the current
entry, shall be eligible for the cos g � p
pension plan.
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.
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
FOP -24
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.
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. Payment 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.
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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 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 age of 47 to be eligible for "Rule of 70" retirement.
Members who attain maximum benefit prior to reaching their minimum retirement age
shall discontinue their contribution toward the plan upon reaching maximum benefit;
the City's contribution toward the plan on behalf of said member shall simultaneously
cease.
3 Effective September 30 2015 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 ada stment(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. Vesting shall be in five (5) years.
7. Ten percent(10%) employee pension contribution.
G Pension benefits for employees hired after July 14, 2010, but prior to ratification of this
collective bargaining agreement (includes new hires currently in the recruitment process); all
changes effective September 30, 2013, unless otherwise specified:
1. The benefit multiplier shall be three percent (3%) for each year of creditable service
for the first twenty (20) years of service, and four percent (4%) for each year of
creditable service after twenty (20) years of creditable service.
2 The 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.
3. The retiree cost of living adjustment(COLA) shall be one and one half percent(1.5%)
annually.
FOP -26
4. The maximum pension benefit shall be 85% of pensionable income.
5. Vesting shall be in five (5) years.
6. Ten percent(10%) employee pension contribution.
H. Pension benefits for employees hired after ratification of this collective bargaining agreement
(excluding new hires currently in the recruitment process):
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 final average monthly earnings (FAME) shall be based on the Member's five (5)
highest paid gears of creditable service, prior to retirement or separation from
employment.
3. The retiree cost of living adjustment(COLA) shall be one and one half percent(1.5%)
annually.
4. The maximum pension benefit shall be 85% of pensionable income.
5. Vesting shall be in five years.
6. Ten and one half percent(10.5%) employee pension contribution.
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.
G. Pension Benefits for employees hired on or after FatifiGation ef this A- reement, shall be as pFevide
the n,,rrent pension plan eXGept as folIews,
0
first 20 years of serviGe, and four perGent 0
years of preditahle
a meter mist attain age 48 to be eligible for"Rile of 70" retirement
3) Final aveFage ment hly salary shall be based on the three (3) highest paid years C)F last thr
4) The GGSt of living adjustmeRt shall be ene and a half(1.5%) annually,
FOP -27
5) Employees who eRter the DROP shall reGeive a zero peFGent 0
for the. thiFd(P) and fourth 10'h) @nnunl -;;GJjUS;tMeRt dates,_r°r+ s of hetheF
further, aRY
empleyee WhA- t-QYit.!.S the DROP within siX (6) rnGRthS fell6wing the date of DROP entry, shall
be eligible for the GGSt Of liViRg adjustment as Gth— vffided on SeGt*GR 7.23 (G) (4).
Section 8.2422 — 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
GGVered by this AgreeMeRt may elect, by written notice served on the Board of Trustees, to receive
creditable pension service time for any or all of their time served as probationary police officers. In order
to receive such creditable pension service time, employees should be allowed to purchase any or all of
such time through the use of accrued annual leave, sick leave, cash or any combination thereof. In the
event such purchase is not made within six months of successful completion of probationary period, the
amount paid shall include interest at the rate of three percent (3%) per annum excluding first six (6)
months.
Section 8.2624—"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 8.2725—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:
FOP-28
1
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 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.
FOP -29
ARTICLE 9
FOP HEALTH TRUST
Section 9.1 —
For Calendar Year 2010, the City will continue to fund the current contribution amount for health care.
Such contribution is currently:
Single: $402.06
Family $985.59
In future years, the City's contribution shall increase based on the Miami Beach Fraternal Order of Police
Insurance Trust Fund's annual cost projections based on claims experience and administrative costs as
determined by its qualified consultant and documents supporting the annual percent increase; however,
the City's increase to the current contribution amount to the health trust shall not exceed the average of
the straight line percentage" increase in premiums for the City's various medical plan options.
However, at the end of each calendar year, no later than February 1, 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.
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Example#1 Example#2 Example#3
(City pays more than the (City pays less than the actual (City pays the same as the
actual cost) cost, but equal to the actual cost)
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 1St 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 2010.
**The straight line average is defined as the total of the percentage increase in premium for each of the
City's medical plan options divided by the number of the City's medical plan options.
In addition:
a) Effective July 1, 2010, or upon ratification of this Agreement, whichever is later, all bargaining
unit employees shall contribute five percent (5%) of their gross compensation to offset the
City's contributions to the Health Trust. This five percent (5%) contribution shall discontinue
after eighteen (18) months.
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b) For all current retirees and active employees on the payroll as of the date of ratification of this
Agreement, all employees presently in the DROP, and all eligible dependents under the
current eligibility rules, the City contribution for those current retirees and current employees
who become future retirees for health coverage shall be equal to the City's Health Trust
contribution formula for active employees. Furthermore, the contributions for those current
retirees and current employees who become future retirees and their eligible dependents
shall be no less than the current value of the contributions for active employees and their
eligible dependents. This Agreement shall be reduced to writing and made individual
contracts and shall be vested benefit throughout retirement.
c) Employees hired after the ratification of this Agreement, who elect to be covered by the
Miami Beach Fraternal Order of Police Insurance Trust Fund Plan, to the extent they choose
to have medical benefits provided to them and their dependents during retirement, shall
receive a health insurance stipend in lieu of a City contribution to the Trust on behalf of those
employees after their retirement. The stipend shall be a monthly payment equal to twenty-five
dollars ($25) per month for each year of creditable service, subject to an annual increase
based on the Miami-Ft. Lauderdale All Urban Consumer Price Index(U-CPI) as of September
30th 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;
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.
FOP -32
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.
Section 9.8—
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.
FOP -33
i
Section 9.10—
Post Employment Health Program (PEHP). Effective the first pay period ending 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 administering the PEHP shall be incurred by the FOP. In no event
will the City incur any costs associated with this program.
FOP-34
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.
FOP -35
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.
To promote employee health and well-being the City will throughout the term of this agreement,
employees who attain an incentive score of good on the Law Enforcement Coopers Fitness Test will be
eligible for a $500 bonus The Chief of Police will oversee implementation and at the end of the term of
this agreement determine whether results justify continuing the program.
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.
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
FOP -36
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 no less than five (5) workdays prior to the
transfer in order that the employee may arrange for an orderly change.
The five (5) day notice may be waived by the employee and it need not be given when unforeseen needs
of the Department or emergency conditions require that temporary changes be made with little or no
advance notice.
Section 11.7—Meeting Between Parties
At the reasonable request of either party, the FOP President, or his representative, and the City Manager,
or his designee for Labor Relations, shall meet at a mutually agreed upon time and place to discuss
matters that require immediate discussion.
FOP-37
I
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.
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
FOP -38
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.
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 and longevity will be used. Time
donated but not used will not be retrievable and will remain in the Time Bank for so long as this provision
is effective. In the event the Time Bank is discontinued, the FOP shall be entitled to use the hours
remaining pursuant to the provisions of this section.
Any injury received or any accident incurred by an employee whose time is being compensated by the
FOP Time Bank, shall not be considered a line-of-duty injury, nor shall such injury or accident be
considered to have been incurred in the course and scope of the employee(s) employment by the City of
Miami Beach within the meaning of Chapter 440, Florida Statutes, as amended.
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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 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 less than two (2)
FOP-41
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 loses his/her certification 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.
FOP-42
ARTICLE 15
.H€AP.T-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:
1. There must be an on-the-yob documented exposure that meets scientific standards or criteria.
That there was an significant on-the job exposure must be stated, in writing, by a licensed
medical doctor. For example contact with blood is not an exposure unless the employee's
skin where the contact occurred is not intact. Additionally, the person whose blood came
into contact with the employee's broken skin must have one of the blood borne infectious
diseases considered herein,
Current Employees
1. Current employees must undergo a post-employment medical examination, administered by
the City's health facility physician and the results must reveal no evidence of the Human
Immunodeficiency Virus AIDS, Hepatitis, Pulmonary Tuberculosis or 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.
FOP-43
New Employees
1. New employees hired after ratification of this agreement must complete a pre-employment
medical examination administered by the City's health facility physician, and the results must
reveal no evidence of the Human Immunodeficiency Virus, AIDS, Hepatitis, Pulmonary
Tuberculosis or Meningococcal Meningitis.
I
2. 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 the City's chosen health facility physician. The FOP
Health Trust shall incur the cost associated with testing all current employees who are members of the
Health Trust and those employees who are not members of the Health Trust shall incur cost of their
testing The City shall incur the cost of testing all employees hired after the ratification of this agreement.
All medical exam results from the City's health facility, for both current and new employees, shall be
released to the City of Miami Beach Risk Manager in the Risk Management Division of Human
Resources.
FOP-44
ARTICLE 16
PROMOTIONS
i
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 aR Assessment—Cc-meter—era 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 will be considered qualified. Should any
applicant, so disqualified for any of these alleged reasons, contest such disqualification, he shall have
access to the grievance procedure under this contract.
FOP-45
I'
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 PGliGe
Sergeant of Police and a Miami Beach Police Lieutenant, 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) 0.02 points shall be added to an employee's Lieutenant's passing examination score for
each completed credit of post secondary education from an accredited institution of
higher learning.
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.
FOP -46
The test material chosen for the written test and for the behavioral assessment component shall be
described and announced by Y the City to the FOP and its members at least three (3) months before such
test.
I Overview, Orientation, and Preparation sessions for the written test and h
for trZe Aseessment GerRter t'°csi-oi
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 16.89—Assessment C° ter—E Behavioral Assessment Test Challenges
upon completion of the determination of a score for the Assessnmencnrv°enter Test of t,-t 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/herd 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.
Section 16.910—
Effective upon ratification of this Agreement all promotional exams shall be administered nine (9) months
prior to the expiration of the certified promotional list. Formal examination scores and a promotional list
shall be certified and posted within two (2) weeks after completion of all challenges in Section4 16.8
above. Promotional lists shall expire twenty-four (24) months eighteeR (18) rr,lllf+hc 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.).
FOP-47
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. For fiscal year 2006-2007, the time bank shall be 1500 hours, covering the period October 1, 2006
through September 30, 2007. The FOP President shall notify the Police Chief in writing by September
15, 2006, whether he elects to utilize the 1500 hour time back provision or the D.D..provisions contained
in Section 17.2 below. For fiscal year 2007-2008, the time bank shall be 1500 hours, covering the period
October 1, 2007 though September 30, 2008. The FOP President shall notify the Police Chief in writing,
by September 15, 2007, whether he elects to utilize the 1500 hour time bank provision or the D.D.
provision contained in Section 17.2 below. For fiscal year 2008-2009, the time bank shall be 1500 hours,
covering the period October 1, 2008 through September 30, 2009. The FOP President shall notify Police
Chief, in writing, by September 15, 2008, whether he elects to utilize the 1500 hour time bank provision or
the D.D. provisions contained in Section 17.2 below. 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
shown n the payroll as "D.D.." Detached Duty). The following conditions
full-time in a pay status to be sho o p y ( y) g
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 11th Street, Miami
Beach, Florida 33139, for consultation with the Police Department Management or the City
Administrators between normal working hours.
c) Should the Lodge President wish to change offices, (s)he will notify the Police Chief, in writing, at
least five (5)working days prior to the proposed change. Said notice will include the address and
the telephone number of the new office for the FOP Lodge President.
d) In the absence of the Lodge President, the Lodge President's designee may represent the
Fraternal Order of Police.
FOP -48
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-49
ARTICLE 18
REOPE N-QDETENTION OFFICERS
Following ratification of this Agreement, the City shall conduct an audit of the Detention Officer .
classification,
,
I
FOP -50
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 -51
ARTICLE 20
TERM OF AGREEMENT
This Agreement shall be effective as of the 1st day of October, 2080-2012 and shall remain in full force
and effect until the 30th day of September, 244-2-2015.
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 , 201314.
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 , 2013.1-9.
ATTEST:
Date:
ROBERT P RCHERRAFAEL E. GRANADO
CITY CLERK
City Attorney Date
FOP -52
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:
i
FOP -53
i
i
Addendum: Hearing Examiner Rules
HEARING EXAMINER RULES
SECTION 1: REQUEST FOR HEARING: Any member of the bargaining unit may appeal from
disciplinary action within ten (10) days after the delivery or mailing to him/her of such
written notice, by filing a written request for a hearing to the Hearing Examiner or his/her
designee. If the tenth day falls on a Saturday or Sunday, he/she will have the ability to
file for an appeal on the following Monday.
SECTION 2: DISCIPLINARY HEARINGS:
(a) The City Manager or his/her designee not later than ten (10) days after receipt of
such appeal, shall fix a place and time for holding a public hearing within a
reasonable time thereafter. Written notice of such time and place shall be
delivered or mailed promptly to both the Appellant and the Appointing Officer.
Only the Hearing Examiner may grant a continuance to either party for good and
sufficient cause. No continuance shall be granted to either party unless such
request for continuance is received in writing by the City Manager or his
designee at least ten (10) days prior to the date of said scheduled hearing of
appeal.
(b) The Hearing Examiner may, at the request of the Appointing Officer or the
Appellant, call or request any person or records for the purpose of ascertaining
the facts.
(c) The Appointing Officer or a representative designated by him/her, shall have the
right to be present at such hearing and to be represented by the City Attorney.
(d) The Appellant shall have the right to be present at such hearing and to be
represented by an attorney of his/her choice.
Said attorney shall be an attorney duly admitted and licensed to practice in the
State of Florida. In the event that the Appellant does not retain an attorney, said
Appellant may have an advisor of his/her choice present. Such advisor shall not
have the right to interrogate-any witnesses or to enter objections to any testimony
or evidence presented to the Hearing Examiner, nor may such advisor speak in
the Appellant's behalf.
(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.
FOP -54
(g) The Appellant shall have the right to present evidence to refute the charges
brought against him/her.
(h) The Appellant shall have the right to be confronted by his/her accuser, and the
Appellant and the Appointing Officer shall each have the right to cross-examine
the witnesses of the other.
(i) After both the Appointing Officer and the Appellant shall have presented their
testimony and evidence, the Hearing Examiner shall receive argument in
summation. The Appointing Officer shall have both the opening and closing
argument.
(j) After the completion of closing oral argument, the Hearing Examiner shall
consider the testimony and evidence presented before the Hearing Examiner to
determine the truth or untruth of the charges.
(k) Within five (5) working days after the completion of the hearing, the Hearing
Examiner shall issue his or her findings as to the truth or untruth of the charges in
writing. The City Manager or his/her designee shall promptly deliver or mail a
copy of such findings to the Appointing Officer and to the Appellant.
(I) A copy of the written statement given the officer or employee, a copy of any reply
thereto, and a copy of the findings of the Hearing Examiner shall be filed as a
Public Record in the Human Resources Department.
FOP -55
APPENDIX A
COMPENSATION PLAN
a
FOP-56
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Mattie H. Bower and Membe of the Cit Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 18, 2013
SUBJECT: 2012-2015 Fraternal Order of Poll e,William Nichols Lodge No.8, Collective
Bargaining Agreement Supplem ntal Document
For the July 17, 2013, Commission meeting agenda the Administration submitted for your
review the tentatively agreed to collective bargaining agreement with the Fraternal Order of
Police, William Nichols Lodge No. 8, for the period covering October 1, 2012 through
September 30, 2015.
Since then, the Administration has had an opportunity to review the language and
recommends the following material changes to the tentative agreement reached with the
Fraternal Order of Police. (Attached supplemental document.)
Please let me know if you have any questions.
J LM/KGB/SC-T
FAHUMA\Labo\LABORREL\LABOR RELATIONS\COMMISSION\Commission Memos\Commission Memo-FOP CBA Supplement 7.18.2013.doc
Agenda Item
Date 7-17-13
Fraternal Order of Police — Yellow highlights (additions and deletions) indicate material
changes to the initially proposed language (provided to the Commission for Executive Session
on July 17, 2013)
Section 8.421 —Quality of Life (pages 20-21)
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. EffeGti„a c nbeF 39, 2045, the,
supplement nazi &l^enll der-,rease Wither to $25.09 nar —W--y fnr All thncn. arrartlristo
o nrnrtra
Section 8.23— Pension (page 27)
G. Pension benefits for employees hired after ratification of this collective bargaining agreement
(excluding new hires currently in the recruitment process):
7. 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 01%) of their salary at the time of
retirement.
Section 16.6— Education Points (page 46)
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) 0.02 points shall be added to an employee's Lieutenant's 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.
Bryant
Miller Attorneys at Law
One Biscayne Tower
® 2 South Biscayne Boulevard
Olive Suite 1480
Miami,FL 33131
Tel 305.374.7349
Fax 305.374.0895
ww,,v.btnolaw.com
July 17,2013
Jose Smith, Esquire
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: City of Miami Beach and FOP
Tentative Collective Bargaining Agreement
October 1,2012—September 30, 2015
Dear Mr.Smith:
As requested, I have reviewed the tentative collective bargaining agreement
between the City of Miami Beach and FOP for the period October 1, 2012— September
30, 2015. Based on this review, this is to notify you that I approve the agreement as to
form and legality.
r
Very Truly Yours,
BRYANT MILLER OLIVE
0 644A90'19e�
?amresC.Crosland
Atlanta Jacksonville Miami Orlando a Tallahassee a Tampa Washington, D.C.