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2016-29518 Reso RESOLUTION NO. 2016-29518 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA RATIFYING A THREE YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 (FOP), FOR THE PERIOD FROM OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2018; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. WHEREAS, the City is hereby submitting to the Mayor and City Commission the attached tentative Labor Agreement, recently negotiated between the City and the Fraternal Order of Police, William Nichols Lodge No. 8 (FOP), for the employees covered by said Agreement for the period covering October 1, 2015 through September 30, 2018; and WHEREAS, the previous Labor Agreement was for a three year period from October 1, 2012, through September 30, 2015; and WHEREAS, Exhibit A to the resolution is a copy of the contract language changes in substantial form that reflects the pension and economic issues and the non-economic issues tentatively agreed to between the City and the FOP; and WHEREAS, any changes to the substantial form would be non-material in nature as determined by the City Attorney and the FOP or else would require re-ratification by the City Commission and FOP; and WHEREAS, the FOP bargaining unit employees held a ratification vote from July 15, 2016 through July 18, 2016, whereby the proposed 2015-2018 collective bargaining agreement was approved by 235 of the 285 bargaining unit members who voted; and NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approving and authorizing the Administration to amend the three(3)year labor Agreement with the FOP, Williams Nichol Lodge No. 8 bargaining unit for the time period covering October 1, 2015 through September 30, 2018, Exhibit A hereto. PASSED AND ADOPTED this a0 day of �J 4/y , 2016. ATTEST: (/ / 4 , j ost i 4.41-kW 8 itli 0 Levine, M- .......... Raf=el E. Granado, ity C erk 0?" * INCORP ORATED. APPROVED AS TO • FORM & LANGUAGE & FOR EXECUTION 2r • Zth. 4 City Attorney Date F:\HUMA\Labo\Contracts\City Commission\City Commission Agenda Items\Commission Meeting - 07-20-16\FOP 2015-2018 Labor Agreement Resolution 07-20-16.doc Bryant Miller Attorncys at Law One Biscayne Tower o live 2 South Biscayne Boulevard Suite 1480 Miami, FL 33131 Tel 305.374.7349 Fax 305.374.0895 www.bmolaw.corn July 18, 2016 Mr. Jimmy L. Morales City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: City of Miami Beach and FOP Collective Bargaining Agreement October 1,2015—September 30, 2018 Dear Mr. Morales: As requested, I have reviewed the tentative collective bargaining agreement between the City of Miami Beach and FOP for the period October 1, 2015 — September 30, 2018. Based on this review, this is to notify you that I approve the agreement as to form and legality. Very Truly Yours, BRYANT MILLER OLIVE P.A. James C. Crosland cc: Ms. Sylvia Crespo-Tabak Mr. Jose Del Risco Donald M. Papy, Esquire Atlanta • Jacksonville • Miami • Orlando • Tallahassee • Tampa • Washington, D.C. Resolutions - R7 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 20, 2016 SUBJECT: A RESOLUTION RATIFYING A THREE (3) YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8., FOR THE PERIOD FROM OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2018; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. RECOMMENDATION Adopt the Resolution. ANALYSIS The City's workforce is divided into seven salary groups: (1) those covered by the American Federation of State, County and Municipal Employees, Local 1554 (AFSCME) bargaining unit; (2) those covered by the Communications Workers of America, Local 3178 (CWA) bargaining unit; (3) those covered by the Government Supervisors Association of Florida/OPEIU, Local 100 (GSA) bargaining unit; (4) those covered by the Fraternal Order of Police, William Nichols Lodge No. 8 (FOP) bargaining unit; (5) those covered by the International Association of Fire Fighters, Local 1510 (IAFF) bargaining unit; (6) Unclassified; and (7)"Others" (classified service employees not represented by a bargaining unit). Provisions in the October 1, 2009 — September 30, 2012, contracts resulted in savings to the City of over $15 million between Fiscal Years (FY) 2009/2010 and 2010/2011. Similar contributions from the unclassified and others salary groups increased the savings to $20 million. Many of these concessions were changes to the Miami Beach Employees' Retirement Plan (MBERP)that resulted in reducing the City's pension contribution both short and long-term. During the October 1, 2012 — September 30, 2015 contract period, the fire and police unions agreed to significant pension reform, which yielded a reduction of$145 million to the City's ARC over a 30-year period (2013 net present value). The savings attributed to the 2013 pension reform have aided in the short and long-term sustainability of the plan. On September 30, 2015, the 2012-2015 collective bargaining agreement between the City and the FOP expired. The parties began negotiating a successor agreement on July 7, 2015. After twelve (12) formal negotiation sessions, on July 12, 2016, the City and the FOP leadership reached a tentative three-year agreement for October 1, 2015, through September 30, 2018. Page 56 of 216 The following is a summary of the newly negotiated terms between the parties: Management Rights 3.8, Probationary Period: Probation changed from 18 months to FTO period plus 12 months thereafter for Police Officer; probation extended from nine months to Supervisor FTO period plus nine months thereafter for Sergeants and Lieutenants (not to exceed 11 months). 6, Police Equipment: Provides the Chief of Police with the ability to require the wearing of body armor at any time in response to specific events or threats. Also, number of uniforms and rates for replacement of bullet proof vests increased. 7.4, Weekly Overtime: Adoption of a modified "7(k) plan" (Section 207(k), FLSA), wherein sick leave (non-FMLA) and leave without pay do not count as hours worked for overtime calculation purposes. Court sick, only after employee worked at least 16 consecutive hours, shall continue to be considered as time worked for overtime calculation purposes. 7.5, Distribution of Overtime Opportunity: Provides more equitable distribution of overtime through expiration of overtime roster prior to restarting at top of list. 7.6, No Pyramiding: Elimination of "no pyramiding" exemptions, except for court time guarantee when court time does not overlap entirely with shift. 8.2, Police Vehicle Policy: Employees assigned a take-home vehicle will be required to purchase auto insurance coverage in the amount of at least $100,000, at their own expense; effective upon ratification. 8.15(a), Call-in Pay: Call-in guarantee made subject to Section 7.4, Overtime. 8.15(b), Investigative Supervisor Availability Pay (ISAP) (New Section): Provides investigative supervisors, designated by the Chief of Police, two hours of overtime per week of ISAP; any additional time worked is paid minute per minute. Eliminates current practice of paying two hours of overtime for each call. Effective upon ratification. 8.15(c), Telephone Calls (New Section): Establishes minimum guarantee of 30 minutes of pay for the first off-duty call received from a supervisor regarding a matter that pertains to an investigation requiring action or an incident arising from an employee's most recent (last) work shift, anything thereafter paid minute for minute (actual time). Eliminates current practice of paying two hours of overtime for each call. Effective upon ratification. 8.27, CJSTC Police Instructor Incentive Pay: Provides the Chief of Police with the ability to remove instructors for refusal to train or poor performance after the second instance. 11.12, Incorporation of Personnel Rules: Incorporates all personnel rules into agreement, except when in conflict with contract provisions. 14, Drug and Alcohol Testing: Substances (drugs) tested for increased from ten to 11; also, provides for alcohol testing, as well as blood testing if the employee is unable to provide a Page 57 of 216 breath sample; effective upon ratification. 16, Promotions: Effective upon ratification, provides for employee to be bypassed for promotion if relieved of duty pending investigation. If exonerated, employee will be made whole. If employee is suspended without pay, or greater discipline is imposed, the employee will be removed from the promotional list. Also, provides for promotional similar to that in IAFF labor agreement (i.e. providing for a majority vote in the resolution of test challenges). 19, Compensatory Time (New Article): Places a 150-hour annual accrual cap for compensatory time, effective upon ratification. 240-hour cap on compensatory time bank remains unchanged. Pension 8.23, Pension: Pension changes new hires (after ratification): • Increase normal retirement age from 50 to 52 • No retiree COLA(soft zeros) during first four years in DROP Pension changes for current employees: • DROP entry on or before 9/30/2015: six-year maximum DROP participation period • DROP entry on or after 10/1/2015: eight-year maximum DROP participation period • No retiree COLA (soft zeros) while in DROP years six, seven and eight, effective upon ratification • Overtime capped at 11% for any employee who self-demotes; affects members with carve-out above 11% in the 2012-2015 CBA. Cost-Of-Living Adjustments (COLA) 8.1, Wage Increases: • 1% 4/1/2016 • 3% 7/1/2017 • 3% 7/1/2018 Other Economic Items 8.4, Step and Longevity Increases: Additional pay step (Step I) added to the Detention Officer pay scale, effective 10/1/2015. Recently promoted employees who were inadvertently affected by the salary disparity resulting from the previous addition of Step I (Sergeants and Lieutenants) will have salary adjusted prospectively, effective upon ratification. 8.6, Hazardous Duty Pay: Increases hazardous duty pay from $100 to $125 biweekly, effective 10/1/2017; remains non-pensionable. 8.10, Sick Leave Sell Back Program: Continue sick leave sell back program, adding a provision that employees with 20 or more years of service may sell back an additional 40 hours; effective 10/1/2016. Page 58 of 216 8.11, Bereavement: Paid bereavement leave extended from two to four days off. Employees also eligible for two additional consecutive days off utilizing accrued leave. Provides up to $20,000 in funeral expenses for employees killed in the line of duty. Effective upon ratification. 8.13, Out of Classification Pay: Out of class pay increased from $2 to $3 per hour, effective 10/1/2016. 8.16, Sunglasses and Prescription Glasses: Increases reimbursement for damaged glasses from $60 to $150, effective upon ratification. 8.17, Field Training Officer (FTO): FTO assignment pay increased from $114.94 biweekly to 5% of base pay, effective 10/1/2016. 8.19, Special Assignment Allowance: Provides assignment pay equal to 5% of base for employees assigned to Training Unit; effective 10/1/2016. 8.28, Arson Investigator Pay (New Section): Arson Investigators (certified), assigned by the Chief, shall receive assignment pay equal to 5% of base pay, effective 10/1/2016. Arson Investigator Trainees (non-certified) shall receive assignment pay equal to 2.5% of base pay, effective 10/1/2016. 8.29, Drug Recognition Expert Pay (New Section): Drug Recognition Experts (certified), assigned by the Chief, shall receive assignment pay equal to 5% of base pay, effective 10/1/2016. 8.30, Second Language Pay (New Article): Employees who are conversationally proficient in a second language and pass a test, shall receive a second language supplement equal to 2.5% of their base pay, effective 10/1/2017; non-pensionable. 9.10, Post Employee Health Program (PEHP): Employee contribution amount to PEHP will be determined by the Union; no City contribution or cost. 10, Educational Leave and Tuition Refund: Tuition reimbursement rates increased to the levels recently implemented for unclassified and "other" employees, effective upon ratification; non- pensionable. 11.1, Safety and Health: Physical fitness incentive pay reduced from $500 quarterly to $50 per pay period. Also, provides more reasonable testing standards to be agreed upon by the Chief and Union President. Effective 4/1/2016; remains non-pensionable. Miscellaneous Items 8.8, Vacation Benefits: Employees shall be allowed to take vacation time off after completion of FTO period. 8.9, Sick and Vacation Leave Accrual & Payment on Termination: Employees shall be allowed to carry vacation overage until March of the following year. 9.1, FOP Health Trust: Frequency of payment to health trust changed to a reimbursement basis. Page 59 of 216 11.5, Disclosure of Records: Requires Employees notified when personnel or IA files are requested. 11.8, Negotiation Sessions: Increases the maximum number of union representatives at negotiation sessions from three to six. 11.9, Job Descriptions: Provides that any changes to bargaining unit job descriptions will be sent via electronic mail to the FOP President. CONCLUSION The terms and conditions of the proposed three-year labor agreement between the City and FOP results in an estimated impact of $321,410 for FY 2015/16; $417,384 for FY 2016/17; $2,068,198 for FY 2017/18. The total estimated three-year impact is $2,806,991. The pension reform attained will yield future savings to the Fire and Police Pension Plan, thereby contributing to the long-term sustainability of the plan. The estimated pension savings are based on the projections provided by the actuary. The Administration finds the provisions of this contract fair to the employees and fiscally responsible for the City. Therefore, adoption of this resolution is recommended. Exhibit A to the resolution is a copy of the proposed labor agreement. The City's outside labor counsel has reviewed and approved the contract language. KEY INTENDED OUTCOMES SUPPORTED Ensure Expenditure Trends Are Sustainable Over The Long Term Legislative Tracking Human Resources ATTACHMENTS: Description ❑ Proposed Labor Agreement & MOU Page 60 of 216 AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA and MIAMI BEACH FRATERNAL ORDER OF POLICE WILLIAM NICHOLS LODGE NO. 8 Period Covered October 1, 2012 2015 through September 30, 20152018 Page 61 of 216 TABLE OF CONTENT PAGE NUMBER AGREEMENT & PREAMBLE 1 ARTICLE 1. RECOGNITION 2 ARTICLE 2. DEDUCTION OF DUES 3 Section 2.1. Check-off 3 Section 2.2. Legal Services Trust Fund 3 Section 2.3. Indemnification. 4 ARTICLE 3. GRIEVANCE PROCEDURE 5 Section 3.1. Definition of Grievance and Time Limit for Filing ,. 5 Section 3.2. Grievance Procedure 5 Step 1 5 Step 2 5 Step 3 6 Section 3.3. Binding Arbitration 6 Section 3.4. Authority of Arbitrator \ 6 Section 3.5. Expenses of Arbitration ', \v '-' 7 Section 3.6. Processing Grievances ,' 7 Section 3.7. Election'of\Remedies. ' 7 Section 3.8. Probationary,Period' r` 7 Section 3.9 FOP Grievance Committee- ' \ \ 7 Section 3.10.Waiverof Time Limitations or Steps- 'Y 8 ARTICLE 4.��.NO\STRIKE AND NO OtKOUT 9 Section 4.1. ' No,Strike 9 Section 4.2. No ,,Lockout \ \ 9 / l ARTICLE 5. MANAGEMENT RIGHTS 10 ARTICLE 6. POLICE EQUIPMENT 11 ARTICLE 7. HOURS OF WORK AND OVERTIME 12 Section 7.1. Purpose 12 Section 7.2. Normal Workweek 12 Section 7.3. Four-Day Workweek 12 Section 7.4. Weekly Overtime 12 Section 7.5. Distribution of Overtime Opportunity 13 FOP- ii Page 62 of 216 Section 7.6. No Pyramiding. 13 TABLE OF CONTENT PAGE NUMBER ARTICLE 8. WAGES AND FRINGE BENEFITS 15 Section 8.1. Across-the-Board Wage Increases 15 Section 8.2. Police Vehicle Policy 15 Section 8.3. Compensation Plan 16 Section 8.4. Step and Longevity Increases 18 Section 8.5. Shift Differential 18 Section 8.6. Hazardous Duty Pay 19 Section 8.7. Holiday • 19 Section 8.8. Vacation Benefits 19 Section 8.9. Sick and Vacation Leave Accrual and Payment on Termination 19 Section 8.10. Sick Leave Sell Back Program 20 Section 8.11 Bereavement 20 Section 8.12. Court Time Compensation 21 Section 8.13. Out-Of-Classification Pay 21 Section 8.14. Standby Pay 22 Section 8.15. Call-In Pay 22 Section 8.16. Sunglasses-and Prescription Glasses 22 Section 8.17. Field Training Officer %' 22 Section 8.18. Injury,Service Connected 22 Section 8.19. Special'Assignment Allowance \ 23 Section 8.20. Extra Weapon\ '� 24 Section 8:21. Quality-of Life` 24 Section 8.22. Forced Holdover' 24 Section,8 23. Pension 24 Section 824. Premium Pey\Su\pplement`Contingent Upon the Department Obtaining and Maintaining Certain Accreditations 31 Section 8.25. Buyback of Probationary Time 31 Section 8.26. "Me`Too1:with the I ■FF 32 Section 8.27. CJSTC'Police;instructor Incentive Pay 32 ARTICLE 9. FOP HEALTH TRUST 34 Section 9.1. 34 Section 9.2. 36 Section 9.3. 37 Section 9.4. 37 Section 9.5. 37 Section 9.6. 37 Section 9.7. 37 FOP- Page 63 of 216 Section 9.8. 37 Section 9.9. 38 TABLE OF CONTENT - continued PAGE NUMBER Section 9.10. Post Employment Health Program (PEHP) 38 Section 9.11. 38 ARTICLE 10. EDUCATIONAL LEAVE AND TUITION REFUND 39 ARTICLE 11. GENERAL PROVISIONS Section 11.1. Safety and Health 40 Section 11.2. FOP Activity and Non-Discrimination 40 Section 11.3. Reduction In Work Force 40 Section 11.4. Uniforms and Clothing Allowance' 41 Section 11.5. Disclosure of Records 41 Section 11.6. Transfers 41 Section 11.7. Meeting Between Parties 42 Section 11.8. Negotiating Sessions 42 Section 11.9. Job Descriptions ` 42 Section 11.10. Defense,of Members ` 42 Section 11.11. Persohnel Rules and Departmental Manual 42 / \ \ Section 11.12. Incorporation of Personnel Rules 43 Section 11.13. Medical Leave of Absence AN 43 \. ARTICLE 12/SEPARABILITYv \ 44 ARTICLEv13.�/TIME BANK \ 45 ARTICLE 14. DRUG TESTING `\ '� > 47 \ v V N ARTICLE 15. DISEASE PRESUMPTION 49 \\, f,/ i` ARTICLE 16. PROMOTIONS / 51 Section 16.1. 51 Section 16.2. 51 Section 16.3. 51 Section 16.4. 52 Section 16.5. Seniority Points 52 Section 16.6. Education Points 52 Section 16.7. Book Committee 53 Section 16.8. Written Test Scoring 53 FOP- iv Page 64 of 216 Section 16.9. Assessment Center or Behavioral Assessment Test Challenges 53 Section 16.10. 54 Section 16.11. 54 TABLE OF CONTENT - continued PAGE NUMBER ARTICLE 17. FOP PRESIDENT 55 Section 17.1. 55 Section 17.2. 55 Section 17.3. 56 ARTICLE 18. DETENTION OFFICERS 57 ARTICLE 19. ENTIRE AGREEMENT 58 ARTICLE 20. TERM OF AGREEMENT 59 ELECTION OF REMEDY FORM 60 HEARING EXAMINER RULES 61 APPENDIX A— COMPENSATION PLAN �� 62 \ , \ \ ,\ \. \ \ \ \ \ FOP-v Page 65 of 216 AGREEMENT THIS AGREEMENT, made and entered into this -1-1-t# day of o„ c +o ,te h , 20132016, by and between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the MIAMI BEACH FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 (herein called the "FOP"). PREAMBLE WHEREAS, the FOP has been selected as the sole and exclusive bargaining representative by a majority of employees in the certified bargaining unit set forth in Article 1, and has been recognized by the City pursuant to the laws of the-State of Florida as the sole and exclusive bargaining representative for said employees; and WHEREAS, it is the intention of the parties to this Agreement to provide in manner which is binding and superior to ordinances and personnel ,rules of"the City, for a salary schedule, fringe benefits, and conditions of employment of the employees covered by this Agreement, and to provide for the continued and efficient operation of"-the\City's Police Department; and to provide for an orderly and prompt method\ofhandling and processing grievances; and WHEREAS, theFOR-aridvthe vagree/to seek and maintain high standards for the operation of the Police Department'V NOW, HEREFORE,`the'parties'agree as�fo T follows: 111 ,J FOP - 1 Page 66 of 216 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 Lieutenantcof Police Detention Officers-/ /` , \ All other employees in other existing Classifications are specially excluded. \N ) / ' \\ \ ,\ /1 \ V - N \/ \ \ v\ FOP-2 • Page 67 of 216 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 $53,309.01.` ' $53,309.01 x .015=$799.64 / 26 = $30.76._ $30.76 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 tothevannual\minimum ofvthe'pay range q4 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.ater 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 anyhange in/its dues structure or if there are additions or deletions to the established check-off listNy 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 FOP- 3 Page 68 of 216 (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. 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. s. , ' \\ 55 i i / FOP-4 Page 69 of 216 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-FOPshall 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: N StepA: 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.\ ` PY 9 Step 2: lithe"grievance`is brought by the FOP on its own behalf, or if the grievance is brought to behalf of an individual(s) and is not settled in Step 1 and an appeal i's.desired, it shall be referred in writing to the Police Chief or his designee.\The�Election of Remedy Form shall be completed and signed by the FOP and/or the grievant, and attached to the Step 2 grievance. The Police Chief shall discuss the grievance within ten (10) workdays with the employee and the FOP grievance committee at a time designated by the Police Chief. If no settlement is reached, the Police Chief shall give the City's written answer to the employee and the FOP grievance committee within five (5) workdays following their meeting. FOP -5 Page 70 of 216 Step 3: If the grievance is not settled in Step 2 and both the employee and FOP grievance committee desire to appeal, or if it is a class grievance filed by the FOP and at least one employee of the named class and FOP grievance committee desire to appeal, it shall be appealed in writing to the City Manager or his designee for Labor Relations within fifteen (15) workdays after the City's answer in Step 2. A meeting between the City Manager or his designee, the employee, and the FOP grievance committee shall be held at the time designated by the City Manager within fifteen (15) workdays. If no settlement is reached, the City Manager shall give City's written answer to the employee and the FOP grievance committee'within fifteen (15) workdays following the meeting. Section 3.3 — Binding Arbitration If the grievance is not resolved in Step 3 of,the grievance procedure, the FOP grievance committee, with the concurrence of the employee who filed the grievance, or, if it is a class grievance filed by the FOP, with the concurrence of\at least-one employee of'the named class, or if it is a grievance filed by the FOP, grits 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-0e) workdays after receipt of notice of referral and in the event the parties are.unable to,agree upon -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_bya-joint letterfrom 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 shell\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 C y and,the FOP, and shall have no authority to make a decision on any other issue not so submitted7to 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. FOP-6 Page 71 of 216 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 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 maybe grieved (1) under the grievance/arbitration provisions contained in this Article or (2) to'a Hearing, Examiner,Awho/shallbe-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 personnelNrules or other work rules or policies may be filed via the Personnel Board procedures. The decision\ofe hearing'officer shall\6e final & binding. The cost of a Hearing Examiner shall be borne\by the City. Anjy proceedings before the Hearing Examiner shall be conducted pursuant to the atttached\\,./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. Newly hired employees shall remain in probationary status for twelve (12) months after completion of the Field Training Officer (FTO) program and have no right to utilize the FOP- 7 Page 72 of 216 grievance procedure for any matter concerning discharge, suspension or other discipline during such period. Employees promoted to the rank of Sergeant of Police or Lieutenant of Police shall remain in probationary status for nine (9) months after completion of the Supervisor FTO program designed by the Chief of Police, with input from the Union. Inmo. event will the Supervisor FTO program be longer than eight (8) weeks. s. i N 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 Managers 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 personnelkwill not be used by the grievance committee in grievancgmatters.\ The grievance committee-sl all not unreasonably use other departmental resources,forthe purpose of conducting grievance-related work. Section/3.10--Wai evr-of Time Limitations orSteps / v \ 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 wring \� f \ j FOP-8 Page 73 of 216 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. \ , \` `\ �\/ /' /` �N 'v \�v\, N. \ FOP-9 Page 74 of 216 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\ffails. Reserve Officers shall be compensated one dollar ($1.00) per fiscalvyear:� ��v \� / A, \,, i �/ F/` l , N` \ \ z„----- \\ \` - \,,/ 1 Nv \N I FOP- 10 Page 75 of 216 ARTICLE 6 POLICE EQUIPMENT The City agrees to .. - -- - --t-pelicy of issuingissue equipment which includes four sets of class B and E uniform shirts and ; pants or shorts on annual basis., footwearFootwear, leather,duty gear, -department issued weapons, ammunition, handcuffs, expandable batons, light and heavy jackets, rain gear and traffic templates, shall be issued as needed. 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 $550-08750.00, 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 $7-504101,000.00, when needed'. If the City is no longer a recipient of the BVP Grant, then the reimbursement ,rate shall revert back to thebe $558 88750.00 amount. If the Department transitions to new or different types of equipment, all employees assigned with the new ern iipment shall receive the ___ _. - . _ • •- - - _ ..e equipment and applicable training within--one (1) vear,of the transition issuance or within a reasonable timeframe. j \ Necessary ammunition-will be,issued to each employee every twelve (12) months to guarantee reliability of'the ammunition. \ v \ ,` �N \ Retiree Service Weapon `\ � \ A bargaining unit member who retires in good standing from the City shall receive his/her service firearm upon,,retirement or upon separation from the Police Officer Reserve Program, provided that the member does,rrot 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. Any sworn employee who retires and remains as a reserve police officer shall receive his or her retiree weapon when they separate from the Police Officer Reserve Program. FOP- 11 Page 76 of 216 Note: The Chief of Police may require the wearing of body armor at any time in response to specific events or threats. When the Chief directs that it be worn, members will wear only body armor authorized or approved by the Department. Members who do not have body armor will • not be required to wear any, until the Department either supplies it to them or reimburses their purchased and approved body armor. ,\ \ \ Nl \ j \ \ \ • '\ v v \ \� .\ \ \ \� l FOP- 12 Page 77 of 216 ARTICLE 7 HOURS OF WORK AND OVERTIME Section 7.1 — Purpose This Article is intended to define the normal hours of work and to provide the basis for the calculation and payment of overtime. It shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week. Section 7.2 — Normal Workweek The normal workweek shall consist of forty,(40) ,hours per week and such additional time (subject to Section 7.4 and 7.5 below) as may, from time to time, be required in the judgment of the City to serve the citizens of the City. The workweek shall begin with'the employee's first regular shift each week. 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'aslimited by Section 7.3 below, the City shall retain its right to establish and modify normal work schedules. Section 7.3— Four-Day:Workweek V \/ 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-cn . onected '-Employees.who suffered a`service connected injury or illness and who are permitted io work light duty'rrmay work,.`up to thirty=two (32) weeks, measured non-consecutively from the date.of injury, on'iight,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. , iI 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 FOP- 13 Page 78 of 216 rate of pay. The current practice for calculating hours worked will remain in effect. Any member of the bargaining unit required to perform work outside of his/her regularly assigned shift shall receive pay at time-and-one-half their current hourly rate, subject to the provisions of the following paragraph. Effective upon ratification of this Agreement, the parties understand and agree that Section 207(k) of the Fair Labor Standards Act Regulations shall apply to hours of work for employees covered under this agreement. Accordingly, the normal biweekly work period shall consist of eighty (80) hours in a fourteen (14) day period. Hours worked'in excess of the eighty (80) hour biweekly work period shall be compensated at the rate of one and one-half times the employee's regular rate of pay; however, sick leave, excluding sick leave taken under the Family and Medical Leave Act (FMLA) and court sick leave (only after having worked at least sixteen (16) consecutive hours), shall not count as hours worked for purposes of overtime calculation. Leave without pay, excluding leave taken under the Family and,.Medical Leave Act (FMLA), shall not count as hours worked for purposes of overtime calculation. Hours worked on an off-duty assignment shall not countas.hours'worked for purposes of overtime calculation. All other hours in paid status shall count as'hdurs worked-for the purposes of overtime calculation. _ \ % \ Section 7.5— Distribution..of Overtime Opportunity a)' ,--Overtime is recognized as,being of three (3) general types within the Police c Department: N \ \ 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. The Overtime list must be exhausted before returning to the top of the list. FOP- 14 Page 79 of 216 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. The Chief of Police will develop and maintain .a list of recurring special events. The Union President will be notified of special event pre-action and post-action meetings; his or her attendance is optional 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 ybepaid 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 Pyramiding \ / \� \ Compensation shall riot be paid more than once4or the same hours with the exception of the assignment of_"guaranteed`minimum -hours" provided for in - _ •_ -- • _ -_ , Section 8:12, entitled-Court Time Corn nation; - e• !. A - •• • _ e- ''t - -- Department's.Standard Operation\Procedurbs,(SOP s); or any other guaranteed minimum hours that are established during'-,the term of this Agreement., when the court time does not fall completely,within the employee's regular-shift or assigned overtime shift. In contrast, if the court time completely falls within the employee's regular or overtime shift, no guaranteed minimum court time hours shall be paid. \; i i ti FOP- 15 Page 80 of 216 ARTICLE 8 WAGES AND FRINGE BENEFITS Section 8.1 —Across-the-Board Wage Increases a) Effective with the first pay period ending in October-April of 20122016, there shall be ne a one percent (1%) 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. b) Effective with the first pay period ending in October Julysof 20132017, there shall be ae-a three percent (3%) across-the-board wage increase.'vThis across-the-board wage increase shall increase the minimums ,and 'maximums' of the pay ranges for those classifications covered by this Agreement./ c) Effective with the first pay period ending`in October-July of 2Q-142018, there shall be a three percent (3%) —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. Section 8.2— Police Vehicle Policy In an effort to reduce the-long,term costsvto,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 r�eipt.\f the State ,of,'Florida contracted bid prices (estimated in Januaryrof each year). Bargaining unit members who are participants in the Take-Home Vehicle Program as of October 1,s'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-h dme, 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 FOP- 16 Page 81 of 216 Palm Beach County (as limited below) $45.00 or $75.00 The take-home vehicle program shall be available to any sworn officer who was hired before July 18`h, 2001 [the ratification date of 2000-2003 Agreement] who resides in Miami-Dade or Broward County. Except as stated in this section, the take-home vehicle program shall not be available to any sworn officer who is hired on or after July 18`h, 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°pe2'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•numberof Broward County take home cars will be increased byrthatsame`number. However, effective.with the pay period upon ratification of this AgreementSeptember 11' 2013, these employees will contribute an additional seven take home'user fee will revert back to the take home vehicle user fee that is based on the location of the employee's pinary residence as provided for above. \ Employees may,not park their,cars in a location so as to circumvent the restrictions outlined in this section. �. \\A / The Union agrees that each bargaining unit employee who is assigned a take-home vehicle will purchase at his or her expense an extended non-owner coverage endorsement or non-owner auto insurance coverage in the amount of at least $100,000, within 30 days of this effective date of this agreement. In addition, the employee must maintain an extended non-owner coverage endorsement or non-owner auto insurance coverage in the amount of at least $100,000, for so long as he or she is assigned a take-home vehicle. Employees who are initially assigned a take- home vehicle, subsequent to date of ratification of this agreement, shall be required to obtain and maintain an extended non-owner coverage endorsement or non-owner auto insurance coverage in the amount of at least $100,000, prior to vehicle assignment. Any employee without the required insurance coverage, as stipulated herein, may have the take-home vehicle privilege FOP- 17 Page 82 of 216 revoked at the City's discretion. If the insurance industry no longer provides the extended non- owner coverage endorsement or non-owner auto insurance coverage, there will be a re-opener in order for the City and Union to discuss the provisions set forth in this section only. 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/hervfirst'yea of�ervice:,Upon completing his/her first year of service, in\accordance with Section,5 below, the bargaining unit employee shall Nbe placed in'Step N "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 \ erriployee 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. FOP- 18 Page 83 of 216 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`1eave-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\examinetion 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 vwith 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.bsed upon the employee receiving a satisfactory evaluation during that rating period, as per current practice. \\) Effective April-October 1, 2015, one (1) additional step (Step I) shall be added to the maximum pay range for the'classification's of Police Detention Officer, Sergeant of Police and Lieutenant of Police. The addittioral\step will increase the maximum of the range for the aforementioned classifications by five percent (5%). The minimum pay range shall remain as is and there shall be no immediate pay increase for any employees. Those employees at the maximum of the range (Step H) as of April-October 1, 20112015, will move into the new step (Step I) on A$r+l October 1, 2015, with their anniversary date reflecting April 1, for the sole purpose of their annual performance reviewremaininq unchanged. Thereafter, any employee in the aforementioned classifications who is at the maximum step of the range, (Step H), shall be eligible to proceed to Step I upon reaching his or her next anniversary date. FOP - 19 Page 84 of 216 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. If the City rearranges the shift scheduling or establishes any new shift, shift differential pay shall follow the below formula based on the time period in which a majority of hours are worked by the employee. If a majority of the non-standard shift hours are after 3:00 p.m., all the shift differential pay for all post 3:00 p.m. hours, effective October 1, 2006, shall be 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.rn.,,the shift differential pay for all post'1.100 p.m. hours shall be seventy-five cents ($.75) per.hour,which shall be added to the employee's hourly rate. \,/ ' / i_ \\ �. \\, � \ � \ \ •' ; /, FOP- 20 Page 85of216 Section 8.6— Hazardous Duty Pay Effective April 1, 2015, all employees covered by this Agreement, shall receive Hazardous Duty Pay in the amount of one hundred ($100.00) dollars per pay period. Effective October 1, 2017, hazardous duty pay shall be increased to one hundred twenty-five dollars ($125) per pay period. Hazardous Duty Pay shall not be considered as pensionable earnings. Section 8.7 — 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 regularly scheduled day off falls on a holiday shall be.given another day off. The following holidays shall be recognized'as follows: Holidays Recognized Date New Year's Day �`� ��� �� January 1 Independence Day July�4 Veterans Day � November 11 Christmas Day \ December 25 �, � ` Section 8.8—Vacation Benefits , \ Consistent with applicable, ordinances, the acation benefits presently enjoyed by the employees covered`bythis Agreement hs all,continue. Employees shall be allowed to take vacation time off upon completion of the entry FTO program. In the event a employee is n;t\allowed',to take a vacation because of scheduling by the City, he will, at the optiomof 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\useit because of departmental needs. This Section shall not apply to sick leave accumulation. Section 8.9— 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 FOP -21 Page 86 of 216 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. Employees shall be permitted to carry vacation hours over the five hundred (500) hour cap until March 31st of the following year. a) All members covered under this Agreement shall be entitled to a termination payout of one-half (1/2) of his/her accrued sick leave up to a maximum payout of 600 hours. Section 8.10— Sick Leave Sell Back Program An annual sick leave sell back program, payable on a dollar for dollar basis, has been established and implemented as stated in,this section, effective,October 1, 2013. The annual sick leave sell back periods shall cover of the following'fiscal years: October 1, 2013, through September 30, 201/1; and October 1, 2014, through September 30, 2-0-15fiscal year, from October '1s` to`September'30`h:., Payments for each annual sick leave sell back period will be made the last pay periodein November after the closing V �� � � of the applicable sell back period:, 'The sick lcave. sell'back program, inclusive of all ate_ \� �' e .. �. The,sic leave sell back,program will.allow gu lified employees to sell back their annual sick\leave accruaLduring the `sell back period,iod, minus any sick and emergency vacation leave utilized during the same,period, to be reduced on an hour for hour basis. Lie Effective October 1, 2016, employees who have completed twenty (20) years of service/or more, before the start of the applicable sell back period, may sell back up to 136 hours'inus any sick and emergency vacation leave utilized during the same period, to be reduced on an hour for hour basis. Leave utilized under the Family and Medical Leave Act (FMLA) shall not reduce the sick leave sell back amount. In order to qualify for participation in the sick leave sell back program, employees must: (1) Have been employed by the City throughout the entire sick leave sell back period FOP-22 Page 87 of 216 being measured; and (2) Maintain at least three hundred (300) hours of combined accumulated sick and vacation leave, after each sell back date. Employees who have completed five (5) years of service or less, before the start of the applicable sell back period, must maintain at least two hundred (200) hours of combined accumulated sick and vacation leave, after each sell back date. The sick leave hours sold back as part of this program cannot cause the employee's accumulated sick and vacation leave to fall below the aforementioned minimum established thresholds. Section 8.11 — 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 twe-four (24) days off e. ---e. _- . e• _ •- - - 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. At his or her request, the-employee shall`be provided two (2) additional work days off, which shall be charged to the employee's accrued`sick or vacation leave bank. In such circumstances 'additional'time\off may\be\grranted at'the discretion of the Police Chief, and shall be chargeable''to the accrued sick or vacation leave d(such employee. Requests for additional time off shall besubmitted!in_writing to,the Police Chief. The City shall be responsible for funeral expenses,for any employee killed in the line of duty, up to a rriaxinium of$20,000. 'v \ , \ \ \ \ ' \ \ �. `� Section 8.12 — Court Time Compensation For attendance at court during off-duty hours for purposes related to employment with the City, employees shall be provided with time and one-half pay for such time spent at court with the following minimum hourly guarantees: a) During an employee's off-duty hours, a minimum of four (4) hours per day shall be guaranteed until September 30, 2015, at which time the minimum hours per day shall decrease to three and one-half (3 %) hours. However, if an employee's first court appearance begins within one (1) hour of the start of his/her regularly assigned shift or FOP-23 Page 88 of 216 ends within one (1) hour after the end of his/her regularly assigned 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 sarne 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 8.13— Out-of-Classification Pay When an employee is assigned by,the shift commander-to perform at the level of a higher rank, he shall be paid for the duration of the 'assignment at an hourly rate of pay of two dollars ($2.00) higher than his/her regular gyrate;provided that ythis 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 retainshe right'to determine when and jory how long an employee will be temporarily assigned to a higher classification' Effective'October 1, 2016, the amount shall increase to three dollars($3.00) per'hour. ‘��,, Section 8.14= Standby Pay`,/ '\ / / When an employee is place 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 standby::: 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 8.15 — Call-In Pay, Investigative Supervisor Availability Pay (ISAP), and Telephone Calls a. Call-In Pay FOP-24 Page 89 of 216 An employee who is called i-n—to perform work outside of his normal tour of dutyregularly assigned shift will be paid a minimum of two (2) hours' compensation at the straight time hourly rate or a rate of time and one-half the regular hourly rate, subject to the provisions of Article 7.4, Weekly Overtime,- except when contiguous to the employee's regular schedule. b. Investigative Supervisor Availability Pay (ISAP) Upon designation by the Chief of Police, investigative supervisors (Police Sergeants and Police Lieutenants) shall receive Investigative Supervisor Availability Pay (ISAP), which shall consist of two (2) hours' compensation at a rate of time and one-half the regular hourly rate for each calendar week of ISAP. An employee assigned ISAP who receives one or more phone calls regarding a work-related matter, shall not be further compensated unless the time spent on such phone calls exceeds two (2) hours in the calendar week: If'this occurs, the additional compensation shall be at a rate of time and one-half the regular hourly rate, for the time actually spent on the call. c. Telephone Calls An off-duty employee assigned to the Criminal investigations Section (CIS), Accident Investigations Unit (AIU) or the Information ,Resources 'Unit (IRU), and not assigned Investigative Supervisor Availability Pa\(ISAP), who receives a telephone call from a supervisor regarding a work-related matter requiring intervention'from the unit he/she is assigned to (limited to CIS, AIU or IRU) shall be paid a\30-`minute,minimumiat straight time or time and one- half the regular hourly rate, subject to the provisions of Article 7:4, Weekly Overtime, for the first off-duty call on a given day. A;'day shall commence at 12:00 AM and end at 11:59 PM. Subsequent-calls-shall be-compensate on a minute-per-minute basis for the duration of that day. The employee must keep a record'ofthe person, reason and the duration of the call. This record must be turned'in within the pay periodwhen the call was received. An off-duty,eerrriployee assigned to the Patrol Division, and not assigned Investigative Supervisor Availability Pay.(ISAP), who receives a telephone call from a supervisor regarding a matter that pertains to an investigation or incident arising from his/her most recent (last) work shift, shall be paid a 30-minute minimum at.straight time or time and one-half the regular hourly rate, subject to the provisions of Article`7!4, Weekly Overtime, for the first off-duty call on a given day. A day shall commence at 12:00~AM4nd end at 11:59 PM. Subsequent calls shall be compensated on a minute-per-minute basis for the duration of that day. The employee must keep a record of the person, reason and the duration of the call. This record must be turned in within the pay period when the call was received. FOP-25 Page 90 of 216 • Section 8.16 - 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-one hundred fifty ($60-90150.00) 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 8.17 - 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 . 9, - "e - e -- ■•• - -- I 99 stated above). -- - _ _ _- _-_--= =_= _ - _=---_-_ T. __ _ _ - .Brgaining unit employees who are assigned to the Field Training Officer (FTO) program by the Police._Chief shall"receive five percent (5%) of their base rate of pay on a biweekly basis, for'as.long as they,are assigned to the program. The Chief of Police will assi•n reassi.n or remove`FTOs at least annually:.-.-The Police Chief, or his/her designee, in his/her sole discretion, may\assign/Officers to Field Training Officer (FTO) assignment. \\ Section 8:18- In j y,Service Conr ected"ilSC) , For two\(2),sixteen (16)\week periods, the City agrees to compensate any member of the bargainindNwith the diffe\nce be unit, tween the weekly disability workers' compensation benefit received or which,the employee is entitled,to receive, and his or her regular rate of pay for any time lost from work\due to injuries\sustained under the following circumstances: / a) While on duty anentitled�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 FOP-26 Page 91 of 216 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 8.19- Special Assignment Allowance Employees assigned on a permanent basis to motorcycles or the training unit shall receive a special assignment pay of five percent (5%) of their•,base,pay. existing practice. Employees assigned to work a 5-8 shift shall-receive a special assignment pay of two and one-half percent (2 '/z%): -Employees who are':on 5-8)ight\duty because of non-service connected injury or illness-shall not receivehe�pecial'assig`nment pay. Employees who are on 5-8 light duty because of service-connected injury;or illness;' here the City doctor approves a 40-hour work schedule,„ nd who)have demonstrated the ability to work a 40-hour workweek, shall receive the,._special' assignment Pay,for all,,hburs worked on 5-8's. If the injury service connected light duty employee takes off workand receives ISC payments, the employee will not receive the-two and one-half percent•(2-1/A0special assignment pay for time not worked. \ \ \ \\\ f FOP-27 Page 92 of 216 Section 8.20 — Extra Weapon Employees will be allowed to carry a concealed, extra weapon while on duty, as approved by the range master. Section 8.21 — Quality of Life The City agrees to continue a Quality of Life Program. The Quality of Life supplement pay shall be $67.00 per pay period for those employees participating in the program, until the first full pay period beginning after October 1, 2014, when the supplement:,shall decrease to $26.00 per pay period for those employees participating in the program. 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 8.22 — Forced Holdover i If an employee is forced to stay beyond the hours, his/her-,regular shift, such additional hours will be paid at double the regular rate. This..provision applies tb minimum staffing purposes only and does not includefunexpected or special\events such'as;hurricanes or other acts of God, demonstrations, holiday'-or special, events etc: Forced 'Holdbver will not be subject to the provisions contained in Article 7.41Weekly Overtime calculations. Section,8.23 — Pensi n` \y A \ \ \ 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, 2013 (except as otherwise specified below):,_/ A. Upon completion of five (5) years of creditable service under the pension system, members may purchase additional creditable service under the system for up to two (2) years of prior military service, in increments of up to three percent (3%) per year of service for a maximum additional multiplier of six percent (6%), purchased at ten (10%) or ten-and-one-half percent (10.5%) (for new hires required to contribute 10.5% to the plan as set forth in Section G and H herein), of pensionable salary for each year of FOP -28 Page 93 of 216 military service purchased, with the cost prorated for fractional years of service. For purposes of this purchase, an employee may use the value of accrued sick and/or annual leave, valued at the employee's hourly rate at the time of purchase. B. The purchase of military service must be completed within thirty-six (36) months following a member's completion of five (5) years of creditable service under the pension plan. If a member does not complete the purchase within the thirty-six (36) month period, he/she shall not be eligible for the purchase in the future. Upon ratification of this agreementEffective September 30, 2013, those members who have attained at least five (5) years but no more than ten (10) years of creditable service, may purchase additional military service as provided for in Section A herein,. within thirty-six (36) months. If a member does not complete the purchase within the thirty-six (36) month period, he/she shall not be eligible for the purchase in the future. C. All compensation for work performed pursuant to Off-Duty Assignments, as outlined in the Department's Standard Operating Procedures (SOP's), shall, be included in a member's salary for pension purposes, and shall be-used in the calculation of member contributions and benefits. Provided;.in no event shall the value of unused sick and/or vacation time, overtime pay; and%or'off-duty pay, exceed the caps presently specified in the Miami Beach Police and Fire Pension.Ordinance`\Effective upon ratification of this agr-e-eFn-eR4Septeiriber 30, 2013, overtime in excess of three hundred (300) hours per year or payments for'uvnused sick and/or waeationNleave may not be included in compensation,for�pension`purposes. \ , I C� \ i \ , D. DEFERRED RETIREMENTOPTION.PLAN (DROP) N. IN. 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 N 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. \ i 2. Conditions of Eligibility — Upon becoming eligible to participate in the DROP, an employee may of,‘ enter that program for a period not to exceed sixty (60) monthsi however, employees who entered the DROP on or before September 30, 2015, may extend their DROP participation period by twelve (12) months, for a total maximum DROP participation period not to exceed seventy-two (72) months. Employees who entered the DROP on or after October 1, 2015, but prior to the date of ratification of this Agreement, may extend their DROP participation period by up to thirty-six (36) months, for a total maximum DROP participation period not to exceed ninety-six (96) months. Employees who enter the DROP on or after the date of ratification of this FOP-29 Page 94 of 216 Agreement will be subject to a total maximum DROP participation period not to exceed ninety-six (96) months. Notwithstanding, participation may not continue beyond the date when the employee's combined years of creditable service and time in the DROP equals 396 months for members hired prior to July 14, 2010 ors four hundred and fifty-six 408-456 months for members hired on or after July 14, 2010. Provided also that participation in DROP shall require the employee to complete and submit the following prior to start of DROP payments. a. Such forms as may be required by the/Pension Board of Trustee's Plan Administrator. Election in the DROP is irrevocable once DROP payments begin. b. A waiver and an irrevocable resignation from employment with the actual date of termination being the date designated by the employee as the end of his/her DROP participation. The administration and timing of execution and delivery of the waiver and resignation forms,.shall meet the requirements of the Age Discrimination in Employment Act and the'Older Worke ,Benefits Protection Act, as same may be amended from time to time. c. Employees currently in, the DROP, who meet,the requirements set forth in Sections 1 and 2 above;,and elect to-extend their DROP participation period, must sigh-such-forms as maybe required by the'Rension Board by no later than September- 1, 2016`, \ / i L _ \ 3. Conditions of Employment_for-DROP\Participants - Employees shall be subject to erminationof-employment while DRO jt P,,%to the same extent as they were in their (. pre-DROP sfatus`,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 he/she is a participant in the DROP, or after termination of participation in the DROP. c) A DROP participant is not eligible for disability benefits from the Plan. FOP- 30 Page 95 of 216 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. With the exception that those employees who entered the DROP on or after September 1, 2012, through September 29, 2013, shall continue to receive a'zero,percent (0%) cost of living adjustment for the third (3rdnd fourth ,(4th) annual va`djustment dates, regardless of whether thecemployee remains inthe-DROP for the applicable maximum five (5) year participation period. Any such employee who exits the DROP within six (6) months following the date of DROP, shall be eligible for the cost of living -- - ••_• - �-�_�".. - _ _ . a\e -- -- _ e . •. - - - _ A - . • ••-• e. - - whether the r ployee remains in the DROP for the maximum five (5) year period. \ \ a Employees who eyed-the DROP\on\or before September 30, 2015, and who < \ N t% choose to extend their.DROP participation period by up to twelve (12) months, shall \receive a zero(0°%)'-retiree,cost of living adjustment (COLA) for their sixth (6'h) annual adjustment date. If`these employees u ees choose to extend their DROP participation period and separate from employment with the City at any time within the sixth (6'h) year, they will not receive a retiree COLA on the sixth (6th) annual adjustment date, but will receive a retiree`COLA/on the seventh (7th) annual adjustment date and all annual \ i retiree COLAs thereafter. b. Employees who entered the DROP on or after October 1, 2015, but prior to the date of ratification of this Agreement, who choose to extend their DROP participation period by up to thirty-six (36) months shall receive a zero (0%) retiree COLA for their sixth (6th), seventh (7th), and eighth (8th) annual adjustment dates. If these employees separate from employment with the City at any time within the sixth (6th), seventh (71h), FOP - 31 Page 96 of 216 or eighth (8'h) year in DROP, they will not receive a retiree COLA on the annual adjustment date following their separation of employment with the City, but will receive all annual retiree COLAs thereafter. c. Employees entering the eight (8) year DROP on or after the date of ratification of this Agreement shall receive a zero (0%) retiree COLA for their sixth (6'h), seventh (71h), and eighth (8th) annual adjustment dates. If these employees separate from employment with the City at any time within the sixth (6'h), seventh (7th), or eighth (8'h) year in DROP, they will not receive a retiree,COLA on the annual adjustment date following their separation of employment with the City, but will receive all annual retiree COLAs thereafter. d. Employees hired after the date' of .ratification of this Agreement who enter the DROP shall receive a zero (0%) retiree,COLA for their first (151);,second (2"d), third (3rd), and fourth (4'h) annual adjustment\dates! If ,these employees.separate from employment with the City,at any,.time within`the ,first (15), second (2"d), third (3rd), or fourth (4`h) year in DROP;v they will-not receive -a retiree COLA on the annual adjustment date following their separation of-employment,with the City, but will receive all annual retiree COLAs,thereafter. '. % = \ V ' � 'v l \ \ 5,6. DROP Account Earnings _._Members may direct their DROP money to any of the investment—optionsNoffered and appro■ed-,by't�he 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 rr ade'by th'es,par cipant on forms provided by the Board. Any and all interest r d 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. 6:7. 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. In the event of the member's death, payment shall be made directly to the member's FOP- 32 Page 97 of 216 beneficiary. No payments will be made from the DROP account until the member terminates employment. 7,8. 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;, lus interest, shall be paid from the DROP directly to the custodian\of an eligible retirerent plan. N Other method(s)-of payment that are in � compliance.with the Internal Revenue Code and adopted/by the Pension Board of Trustees. 19. Death-of-DROP Participant-_If a-DROP\member dies before his/her account balances are paid;out-in_fulI,the participant member.'s�designated beneficiary shall have the same rights as the member"to elecT and receive.•,tII e 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. N 1 0,10. Administration of DROP Accounts - The Pension Board of Trustees shall make such/ administrative riles s xas 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. FOP - 33 Page 98 of 216 4-9.11. 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. 44712. 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'twehty,(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 no tifying thevCity no laterjhan 4une-39Auqust 31 of that year Employees may\request such payment prior JO entry into'the DROP, but must be in the DROP at the time of,payout. ;Payment will`be\made after the firston the second pay period e of-October February of the same''.followinq year Upon final separation from employment-with the.City;,a niember'who has\palrticipated in the DROP shall be eligible to receive payment forthe.balance`of all accrued sick and vacation leave as of the date of final separation, up to the maximum'pro'vided in the collective bargaining agreement, as reduced by the prior payout, if any. Ih no event shall payments for accrued sick or vacation leave be included irna member's earnings for the purposes of the plan. N \ E. Pension benefitsfor'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. FOP- 34 Page 99 of 216 3. The final average monthly earnings (FAME) shall be based on the member's two (2) highest paid years of creditable service, prior to retirement or separation from employment. Effective September 30, 2015, the FAME shall be based on the member's three (3) highest paid years of creditable service, prior to retirement or separation from employment. 4. The retiree cost of living adjustment (COLA) shall be two and one half percent (2.5%) annually. 5. The maximum pension benefit shall be 85% of pensionable income, with the exception that any member who attains- a benefit of 85% of pensionable income or higher, as of September 30, 2013, retains the maximum benefit of 90% of pensionable income. 6. An employee shall be vested after completion of five (5) years of creditable service. 7. Ten percent (10%) employee pension contribution: 8. Employees shall no longer\be'.able to apply overtime, off-duty or any other compensation for the purposes of calculating a member's retirement benefit that yields a benefit in excess of •_eleven percent (11%) of the highest annualized pay rate for-the same salary rank that the member is in at time of retirement. This provision shall not apply to current individuals who held the rank of Police Sergeants or.Police Lieutenants on September 30, 2013, or Police-Officers promoted to the; rank of Police Sergeant from the 2013 Certified-Police,,Sergeant Promotional,L sh.Effective upon ratification of this Agreement, any, bargaining unit member) formerly excluded from the aforementioned eleven percente(11%) cap, who self-demotes, shall no longer be able to. apply -overtime,'`off-duty or any other compensation for the purpose&of calculating a'member's retirement benefit that yields a benefit in r / Jam~ excess\of eleven, percent-{,11%•.) of the highest annualized pay rate for the �. same salary rank that the member is in at time of retirement. A, A 8 9. Any employee hired..prior to July 14, 2010, who completes a buyback of \'\prior creditable service before September 30, 2013 and reaches the maxirnum pension benefit of 85% prior to reaching age 47, shall cease their contriibutionitoward the pension plan on the date such employee reaches the 85% Maximum pension benefit; his or her final average monthly earnings shall be frozen on the same date. F. Pension benefits for employees hired after July 14, 2010, but prior to ratification of this _. _ .. -_ _- • _ __ - -- September 30, 2013; all changes effective September 30, 2013, unless otherwise specified: FOP- 35 Page 100 of 216 • 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 48 to be eligible for "Rule of 70" retirement. 3. The final average monthly earnings (FAME) shall be based on the Member's three (3) highest paid years of creditable service, prior to retirement or separation from employment. 4. The retiree cost of living adjustment (COLA) shall be one and one half percent (1.5%) annually. 5. The maximum pension benefit shall‘be-85% of'pensionable income. 6. An employee shall be vested'after'completion'of five (5) years of creditable service. 7. Ten percent (10%) employee pension contribution. 8. Employees shall no longer be,able to apply overtime, off=duty or any other compensation for-the purposes of calculating a member's retirement benefit that yields a benefit'in excess Of eleven percent (11%) of the highest annualized pay rate for-the'same salary,renk that the member is in at time of retirement. G. Pension benefits/for employees hired\on or;after ratification-of this collective bargaining agreement September 30,''201,3, but prior to/the date of ratification of this collective bargaining agreethenf:\ N \\� r° 1. The,benefit\multiplier--shall,be three percent (3%) for each year of creditable. ; that yields a benefit in excess of eleven percent (11%) of the highest annualized pay rate for the same salary rank that the member is in at time of retirement. H. Pension benefits for employees hired after the date of ratification of this collective bargaining agreement: 1. The benefit multiplier shall be three percent (3%) for each year of creditable service for the first twenty (20) years of service, and four percent (4%) for each year of creditable service after twenty (20) years of creditable service. 2. The normal retirement age shall. be 52; however, under "Rule of 70" retirement, a member must attain a minimum age of 48. 3. The final average monthly earnings (FAME) shall be based on the Member's five (5) highest paid years of creditable service;\ prior to retirement or separation from employment. 4. The retiree cost'of-living adjustment (COLA) shall be One and one half percent (1.5%) annually. �- 5. The maximum pens on''b ne efit shall be 86% of pensionable income. 6. An erriployee.shall bey vested after completion of;five (5) years of creditable service. ' \� 7. Tenand.one half percent (10.5%) employee pension contribution. N l y , \ �\ 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.`,. N Section 8.24 — Premium,Pav Supplement Contingent Upon the Department Obtaining and Maintaining Certain Accreditations. N % 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. FOP- 37 Page 102 of 216 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 8.25. Buyback of Probationary Time. Employees`hired prior to ratification of this agreement 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 interests at the rate of three percent (3%) per annum excluding first six (6) months. Effective upon ratification, all newly hired employees shall participate in the pension plan upon date of-hire> \ \ Section 8.26— "Me Too" with the IAFF '\ A V � �r �/ \ V ) \ 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.N r ' 'V \ \ Section 8:27— CJSTC' olice Instructor Incentive P Pay Effective with the first full payroll\period b ginning 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 (a ',\ted below) for up to a maximum of fifty (50) police officers who obtain and maintain certification\from the Criminal Justice Standards and Training Council (CJSTC) as Police Instructors: �. a) No more than fifty (50) FOP employees will be eligible to receive the two and one-half percent (2.5%) Police Instructor Certification pay. b) Additional FOP employees (up to the fifty (50) employee maximum) must be qualified for the incentive pay by meeting all of the following requirements: (1) a minimum of six (6) years of full-time experience as a certified law enforcement officer employed by a State, County or Municipal Police Department; and (2) passing the required CJSTC FOP- 38 Page 103 of 216 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 obtaihing•.,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 Chief of Police may remove-an employee from the CJSTC certified police instructor roster after two (2) incidents. wherein the employee,.refuses or fails to train when requested or exhibits poor performance\as.a'trainer. Such\removal from the roster shall constitute an,automatic termination'of the'two.and..one\half percent (2.5%) instructor incentive pay. /After the first incident,-wherein the employee refuses or fails to train when requested`or exhibits\ poor performance as a trainer, the Chief of Police shall provide notice to the employee, with a copy to the Union, advising that the second incident will"result in,his or,her removal from`the CJSTC certified police instructor roster ;'andit cessation of`the� he \concomitant incentive pay. After the second incident, the employee shalNbe`removed`"from the'CJSTC certified police instructor roster and the concomitant incentive,,pay••shall, be terminated, effective on the date of the second incident:\ \ 1 fLThe 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-39 Page 104 of 216 Section 8.28 — Second Language Pay Effective October 1, 2017, employees who are conversationally proficient in a second of the following languages: Spanish, Creole, Portuguese, Hebrew, French, Russian, German, Cantonese Mandarin, Italian, Czech, Korean, andor American Sign Language; shall be eligible to receive second language pay equal to two and one-half percent (2.5%) of their biweekly base pay. Proficiency will be determined by an employee obtaining a minimum rating of level 9 on the "Speaking and Listening Assessment" test administered-by ALTA Language Services, Inc. via telephone and proctored by the Police Administration. The test'may be scheduled with at least seven (7) work days' notice to the Police Administration. The employee will bear the cost of paying for the test. The employee will be subject to requalification for the pay supplement every five (5) years. Second language pay shall not be'considered as pensionable earnings. If ALTA Language Services, Inc., no longer administers the aforementioned types of•,tests, there will be a re-opener in order for the City, with Union input, to select a'new testing services provider. N ��.. �• Section 8.29—Arson/Investigator (Certified) Effective October 1, 201.6,\as designated by the Chief of Police, employees who perform arson • investigation work and are certified-by-the State of Florida as arson investigators, shall receive an additional five percent(5%)'of their biweekly base pay, whenever assigned to perform arson investigation,work. ` „ N. '\ \ Section 8.30 'NArson Investigator (Trainee) ) Effective October 1, 2016tas designated by the Chief of Police, employees who perform arson investigation work and are`in:the process of obtaining their certification from the State of Florida as arson investigators, shall receive an additional two and one half percent (2.5%) of their base pay whenever assigned to perform arson investigation work. FOP-40 Page 105 of 216 Section 8.31 — Drug Recognition Expert (ORE) Effective October 1, 2010. as designated by the Chief of Police, employees certified as drug recognition experts (DRE) shall receive an additional five percent (5%) of their base pay upon receipt of their drug recognition expert certification. / \ / \ \� \ / \� \ \ ) \ \ \\ ``/ FOP-41 Page 106 of 216 ARTICLE 9 FOP HEALTH TRUST Section 9.1 — For Calendar Year 2013, Tthe City_will continue to fund the current contribution amount for health care. Such contribution is currently: As of January 1, 2015, the City's current monthly contributions are: Single: $'156.95573.55 Family $1,120.1'11 405.96 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 line percentage** increase in premiums for the City's various medipar plan options., N However, at the end'of`each calendar year,no later than February 1, the FOP will provide the actual cost increase for`the\FOP,Trulst_for the prior�,`year. Actual costs shall include all liabilities of the Trust-inclusive of admiriist'rative costs. If the payments made by the City to the FOP Trust exceeded the-actual FOP trust increase for thepior,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 tlie,,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 payment's 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 yearNCost reductions of the Trust attributable to design changes shall not be included for purposes of\alculating 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 FOP-42 Page 107 of 216 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. Example #1 Example #2 Example #3 (City pays more than the (City pays less than the (City pays the same as the actual cost) actual cost, but equal to actual cost) the projected cost and the straight line cap) FOP Projected Cost— 10% FOP Projected Cost- 7% FOP Projected Cost — 7% City Straight line Average — City Straight line Average — 'City Straight line Average — 7% 7% 7%, City pays 7% City pays 7%. City pays.,,7%. Actual FOP Cost— 5% Actual FOP Cost 10% ;' Actual FOP Cost— 7% Credit to City— 2% No change._ ` .No change (The City's straight-line average'is the cap\in`•all cases.)_ The City's contribution amounts will'ihelp fund,the/level of benefits provided under the current plan as of the date this`contract/is signed*. !rosier' 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 pr esented from the Trust to the City Manager's designee for Labor Relations no later than\July 1S`,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,\t por detailing the actual cost for the prior year no later than February 1st to the City Manager's designee-for Labor Relations. \Y 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. FOP-43 Page 108 of 216 The City will make payments to the TRUST by the 15th of the month for the previous month. In order to assist the TRUST with the transition of payment dates, the City will provide a $700,000 advance amount. In the future, should the City cease payments to the TRUST, the TRUST shall reimburse the $700,000 advance to the City. *Upon ratification of this agreement, the parties shall supply each other with the current plan designs in effect for calendar year 20132016. **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) For all current retirees and active'employees/on, the payroll as of the date of ratification of this Agreement, all employee's.preseritly 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 retireesand current employees who become future,retirees.and their ligible'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'thr``oughbuttretirement.V f �� N hi - . .-. e e •• tb) ,Employees hired after -• � : •• •• July 14, 2010, 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 theTrust on behalf of those employees after their retirement. As of September 30, 2015Tthe stipend shall be a monthly payment equal to twenty five )`$ dollars ($2527..49 per meeth 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 thereafter. Additionally, upon separation of employment with the City, the individual's stipend shall continue to be adjusted annually every September 30th thereafter. Section 9.2 — FOP-44 Page 109 of 216 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 lengthof 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'maay exist. vv v \ \� b) The City_shall'also contribute to the Trust the amount of premium it is paying for term life insurance for co ered employees and-covered retirees. Section 9.4\ ) v V t 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 FOP-45 Page 110 of 216 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 Agreemenwho'retire, resign,n, or are terminated by the City must be vested in the Police pension plan atthe:time \of such retirement, resignation or termination in order to receive a contribution by the Cityvtowards his/her health insurance premium after such retirement, resignation;or retirement. \ \ Section 9.9— \ • \ Employeesin the bargaining,unit,shall-be eligible\to`�participate in the City's voluntary benefits plan, which,r ay be modified by the City from.t me t'o"time. The voluntary benefits plan shall be administered by the City, `�,, �'\ �\ \ \ N. Section 9.10' Post Employment Health/Program (PEHP) \ . 1 , N 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, or when participating in DROP, 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. Effective upon ratification of this Agreement, the Union shall determine the required employee contribution to the PEHP. The Union will notify the City, in writing, when it desires to change the required employee contribution amounts, including the effective date of the change. The Union will provide the City with at least thirty (30) days' notice prior to making such changes. FOP-46 Page 111 of 216 Section 9.11 — Effective upon ratification of this agreement, and for so long a period as the federal tax code imposes a heavier tax burden upon City employees with domestic partners who elect to receive family medical and dental coverage over that of their married counterparts, the City will reimburse those employees with domestic partners who pay this heavier tax burden by adding to their biweekly pay the additional amount withheld from the employees' pay and the amount of the additional tax assessed by the federal government upon this reimbursement. Reimbursement under this subsection shall not be considered to be pensionable income. In order to qualify, eligible employees' must have registered domestic partnerships in accordance with the applicable provisions of the Miami-Dade County Code of Ordinances and the City of Miami Beach Code of Ordinances. _ \ 'N , \ f � \ \ ) N 1 \ \ \ N.\\ • FOP-47 Page 112 of 216 ARTICLE 10 EDUCATIONAL LEAVE AND TUITION REFUND Subject to applicable Personnel Rules, leave ordinances and tuition practice administrative procedures, 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. Upon ratification of this Agreement, employees covered by the bargaining unit are eligible for the tuition assistance program set forth in Resolution'No..2015-28891, adopted January 14, 2015, which provides the following levels of benefit: Six Credit hours per semester for a`lofal of twelve credits per calendar year will be reimbursed, as follows: • Approved undergraduate community college 'courses and non-credit/certificate courses will be reimbursed as follows: , �N \ \ \ o 80%/for courses in which the employee earns an\A o 60% for courses in which the,employee earn )a B o 40%r for.courses in which the employee earns a C • Approved graduate,courses will.be reimbursed as follows: / o. -80% for coursesin which-the employee earns an A ,\ N o 60/0 for courses\in which the employee earns a B \, The levels of benefit identified above ma\V/be subject to change by the City Commission, but in no event shall be le s"than the levels of benefit identified below: One course per `serester/trimester/quarter equivalent to three credits for a total of twelve credits per calendar year will be reimbursed, as follows: • Approved undergraduate community college courses and non-credit/certificate courses will be reimbursed at an amount not exceeding $158.25 • Approved undergraduate university courses will be reimbursed at an amount not exceeding $251.16 • Approved graduate courses will be reimbursed at an amount not exceeding $531.15 FOP-48 Page 113 of 216 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. a quarterly basis, in an effort to promote employee health and well being. The shall determine the physical fitness standards measured during,-the acse.sments, as well as the passing payment for every a°sessment in which he or she attains a passing.score. This program shall program justify its continuation. Effective April 1., 2016, a;voluntary law enforcement physical fitness assessment shall be established, the components of which will be mutually agreed upon between the Police Chief and the'FOP President. Any employee covered by this Agreement who completes and passes the challenge'shall receive\a supplement of $50 per pay period. The challenge will be administered by thePolice Department. It will be administered on an annual basis. An emploYee.will have thirty (30)days"from the an_niversary of his completion of the assessment to/schedule the next assessment (forNthat-year)` Employees must complete and pass the assessment each year in order to be eligible for continued receipt of the supplement. Physical'fitness assessment pay shall not be considered as pensionable earnings. On a one-time-basis for'the`first/assessment, employees who pass the assessment shall be paid the supplement retroactive to April 1;.2046. \ Sectionvl1`2 — FOP Activity and Non-Discrimination A. Neither the City,nor the FOP\sh\shall discriminate against any employee due to that employee's membership, nonmembership 'participation, lack of participation, or activities on behalf of, or his refraining from activity cin,behaif of the FOP. ti 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. FOP-49 Page 114 of 216 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. `'v During the course of this Agreement, no employee will be laid ofr and.‘no employee will be demoted (except for disciplinary demotions). Section 11.4— Uniforms and ClothingAllowance The City will continue its present policy concerning uniforms. The uniformed personnel's monthly maintenance allowance shall be sixty dollars ($60.00)`permonth for a total of $720.00 per year to be paid out in twenty-'six (26) biweeklypayrnents:-, For those sworn employees assigned to workv `civilian clothes, they shall receive a monthly allowance oteighty-five dollars,($85.00) per month\for a total of $1,020.00 per year to be paid out in twenty-six-(26)'biweeklypayments:.. When transferred into thevCrinminannves gation 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, including an Internal Affairs file, disclosed to persons other than managerial and supervisory employees unless the person requesting such information (including home telephone number, address, etc.) shall FOP-50 Page 115 of 216 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 and the employee shall be notified in writing via the City's electronic mail system. 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 transferin 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 \ " / � 1 . v \ \ 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 requireimmediate discussion. �\ Section 118—``,Negotiating Sessions`,, \ A l Time and dates for negotiating sessions shall be mutually agreed upon. Up to three six (36) on- duty FOP representatives shall be permitted to attend negotiating sessions without loss of pay or benefits if they were otherwise'Ascheduled 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 President via electronic mail of any change in the job description of any classification in this bargaining unit. FOP - 51 Page 116 of 216 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. The manual of the Police Department, is provided arid, available to all employees in the department electronically through Power'DMS`and`proposed, changes in said manual will be supplied to the President"orthe FOP or\his des gnated-representative before implementation and an opportunity to'discuss the'changes'willkbe,afforded. Any changes to SOP's shall contain a detailed legislative'style description of the proposed changes./ i Section 11.12--Incorpor tioniof Personnel Rules Any personnel rules agreed upon,by the parties for incorporation in this collective bargaining agreement shall be set f ruin annaddendum to this Agreement. The parties agree that the City's Personnel,Rules are incorporated by'reference in this Agreement and made a part hereof, except where\a specific Rule\is in conflict with the express language of this Agreement, the language of the Agreement shall prevail. ' N Section 11.13— Medical,Leave of Absence After this Agreement is ratified, any employee requesting time off without pay as a Medical Leave will be granted the time requested up to one (1) month, or longer at the Police Chief's discretion. Employees may use any accumulated leave time or comp time during this leave. FOP- 52 Page 117 of 216 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. • ,v 'V A \ �� A �, r �V ..% ,.� \ \ / \�N i N /——\A� \\ \ �� \,,, \ ,, \ \\\\\ i / , FOP- 53 Page 118 of 216 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', 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.\T nf ime Bank, only after the contributor voluntarily signs an authorization card detailing the type and amou of,time to bedonated. After review by the FOP President or his representative, these cards"areto be forwarded on a quarterly basis to the Police Chief for_his revie'w,\and if appropriate, approval. If approved, the Police Chief will then forward this materiaiNto the\Support--Services Division, who shall take appropriate action to I implement the provisions of thissection. �\ \\, , Time deposit's shall be in hourly i rements, with three (3) hours being the minimum amount I accepted. \ \ \ NJ The President, in his own behalf/ he., or on behalf of his designee(s), shall fill out the appropriate form to be supplied bby,tcity,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 I 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 FOP-54 Page 119 of 216 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;ernployee 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 withih,the,meaning of Chapter'440;..Florida Statutes, as amended. \ ,\ V \ `\ \ � \ \ ` N V Ny \ \\\ \, \ \4` l f J! FOP- 55 Page 120 of 216 ARTICLE 14 DRUG TESTING a) All employees are subject to random, unannounced testing for use of substances as set forth below. The use of legal controlled substances is permitted only when prescribed to the employee by a licensed health care provider and is properly used by the employee. b) Upon reasonable bel•iefsuspicion by a lieutenant or higher ranking officer, based—upon objective factors, that an employee has used an 4.1-RI-awft4I-drug as defined in Florida Statutes Section 440.102(1)(c), as that section may be amended or renumbered, and as listed herein; or has used alcohol in violation of any rule, order,.policy, procedure, or law; or has intentionally misused a legal controlled substance to the extent that his or her job performance is affected„ the Police Chief or, in his absence,.the,Assistant Police Chief, may el-ireot-the-em-p-leyeeshall l be directed and required to submit to a urinalysisdrug and alcohol testing. for detection of drugs. In the case of a drug test, the following conditions will be applicable: c) Testing is subject to the following conditions: 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 desire V � l 2. If theeniployee ciairns that thcrc�is not a reasonable belief, based on objective j`- pending an expedited arbitration held`before whichever of the three pre agreed / /upon,lo al 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 r asonabie `belief to direct a`test as set forth above. Ii 3. If the arbitrator finds there is not reasonable belief, the urine specimens shall not betested 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. FOP- 56 Page 121 of 216 6. In the case of either or both urine tests, the cutoff shall be the nanogram 1. An accredited, State licensed clinical testing laboratory will be selected by the City. A split specimen will be taken. If the results are positive, and the employee challenges the results, the second portion of the split specimen will be tested at another accredited, State licensed clinical laboratory of the employee's choice and at the employee's expense. One portion will be tested by each laboratory. All positive tests for illegal or controlled substances shall be confirmed by Gas Chromatography Mass Spectrometry (GC/MS) or equivalent testing method. 2. Testing for alcohol shall be by breath-testing unless the employee is or claims to be unable to provide an adequate sample. In such a 'case, a blood test will be performed. Any refusal by an employee to consent to the blood test will result in a positive result. 3. A breath alcohol level of-0:04 or higher'andit's equivalent blood test>outcome shall constitute a positive result. Below are the substance categories tested for. 4. In all cases, the employee'shall fully cooperate with\•.testing, including executing any release or authorization necessary for'the City to obtaih.the tests results. �� 5. The employee,rhust,pr`ovide a usable specimen/sample.v \ y \ \ / N 1 ! \ Initial Test Level GC/MS Confirmation `� / r \ Test Level =Amphetamine N. ; "100.0 ng/ml 500 ng/ml r Barbiturates`N \ \` ' „300'n./ml 150 n•/m1 �• ;Benzodiazepines, \ N•. _300 ng/ml 150 ng/ml N. Cocaine metabolites `, \ 300 ng/ml 150 ng/ml _ "Marijuana metabolites \ 50 no/m1 15 nq/mI Methadone \ \ ` ' 300 n./ml 150 n./ml Methaqu'alone 300 ng/ml 150 ng/ml Methylenedioxyamphetamine (MDA) 500 ng/mI 250 ng/ml Analogues`, \ Opiates \ / 2000 ng/mI 2000 nq/ml Phencyclidine 25 ng/ml 25 ng/ml Propoxyphene 300 ng/ml 150 ng/ml d) Any positive test or any refusal to submit to testing or to cooperate with testing, including executing releases or authorizations and providing multiple specimens if needed, may be grounds for termination of employment. e) This Article supersedes any agreement, memorandum of understanding, rule, procedure, or order to the extent of any conflict therewith. FOP- 57 Page 122 of 216 f) 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 a-Substance Abuse'Professional (SAP) to be selected by the City, the employee shall,be\subject to unannounced`testing administered by the City's Human Resources Department;.fora period of no longer,than two (2) years. An employee may only be eligible for onevv 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. A`Substance Abuse Professional is a licensed physician; psychologist, social -worker, employee assistance professional or certified addiction\,counseloj with knowledge of and clinical experience in the diagnosis and treatment..of alcohol arid controlled substance-related disorders. If,an: employee who is,,offered a last chance agreement has his/her certification revoked through\tthe 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. \ / ,V,, / • FOP-58 Page 123 of 216 ARTICLE 15 • 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'bythe arbitrator. If\rights of detention or sworn officers are placed before the Bureau of`A/Vorkers Compensation,'then what is "satisfactory evidence" will be determined by the Bureau`in 'accordancevwith Workers'Compensation law. Nothing herein shall be construed to be a waiver or limitation of any benefit provided under Florida Statute 112.18. A 'N i B. Infectious Disease Presumption, '� \` Effective October 1;'2013, any documented post-exposure condition or impairment of health caused by Human,'Im unodeficiency\Virus//Acquired'Immune Deficiency Syndrome (HIV/AIDS), Hepatitis,C, Pulmonary Tuberculosis or Meningococcal Meningitis shall be presumed to have beenraccidental_and to ha e\been suffered in the line of duty, subject to the following conditions;•unlessthe.cortrary be shown by competent evidence. To\quafify for the pre urn t on;..the following-criteria must be met: \ \, There must be an on;the job documented exposure that meets scientific standards or criteria, and`the significantoon-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 care' into contact with the employee's broken skin must have one of the blood borne infectious�seases considered herein. Current Employees: 1. Current employees must undergo a post-employment medical examination, administered by a qualified medical doctor to be selected by the City. The results must reveal no evidence of HIV, AIDS, Hepatitis C, Pulmonary Tuberculosis or FOP-59 Page 124 of 216 Meningococcal Meningitis. Employees who refuse to comply with this post- employment examination requirement shall not be eligible for the presumption. 2. Current employees shall be required to sign a City-approved medical release form authorizing the physician to provide the examination results directly to the City. New Employees 3. New employees, hired after ratification of this agreement, must complete a pre- employment medical examination, administered by a qualified medical doctor to be selected by the City, and the results must -reveal no evidence of HIV, AIDS, Hepatitis C, Pulmonary Tuberculosis or,Meningococcal.Meningitis. N 4. New employees, whose test results reveal evidence of,ariy,of the aforementioned infectious diseases, shall not bes eligible for the presumption for the disease for which they tested positive. \. All current and new employees`shalibe,tested at'a;health facility selected by the City. The FOP Health Trust shall incur the'cost'associated witf'testing all current employees who are • members of the Health Trust; those employ es,who a?e.riot members of the Health Trust shall incur the cost,of-their testing. 'The City'shallNincur the "cost of testing all employees hired after the ratification-of this agreement, / , All medical examination results, for both current and new employees, shall be released to• the City's Risk Manager. , \ \ , } FOP- 60 Page 125 of 216 ARTICLE 16 PROMOTIONS Section 16.1 - Advancement to the ranks of Sergeant and Lieutenant shall be by examinations that measure the knowledge, skills, and ability of personnel and by seniority. A promotional examination will be given every two (2) years, unless the FOP President and'the City Manager or his designee for Labor Relations mutually agrees to some other schedule. Effective with the first test given after ratification, the following revisions to Article 16 shall apply. Section 16.2 - • Eligible applicants for the promotional examination for Sergeant and Lieutenant shall be given a two-part examination, consisting of a validated, written test, which shall comprise fifty percent (50%) of the final examination score, and an Assessment;Center - _ - . :_ __ - _ .__ behavioral assessment component\The Assessment levels\shall have a weight of fifty percent (50%) of the total score. The written`portibn 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 - ••-- _• _ ' ,portion\of the examination. Passing scores for the Assessment Center or the behavioral assessment component shall be'set only by-the test consultantdeveloper. 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,- �, \\N 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 FOP-61 Page 126 of 216 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. 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 Sergeant of Police and a Miami Beach Lieutenant of Police, administer such examinations, and prepare a promotional register, one for Sergeants.and one for Lieutenants, containing the names of persons who have passed the test, ranked in/ the order of such examination scores. Promotions shall be by rank order. The FOP shall facilitate participation of bargaining.;unit employees in providing information in order to conduct the job analyses and develop the'tests within,the time frames requested by the process; provided that such participation shall be on duty tim . Section 16.5— Seniority Points �_ N \. a) 0.2 point shaIl be,.added to an ernployeeSe�geant's�passing examination score for each,completedy�ear of service,v s j I_ t,a maximum-Of 25 years. \ b)-0:25- points hall.beadded'lo an 'empl yee's Lieutenant's passing assing examination 7 score--for each completed yearin`gradeas a Sergeant. Section 16.6-`Education Points \ \ \ \ a) 0 02,points shall tie added to an employee's Sergeants 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 Lieutenants passing examination score for each completed credit of post secondary education from an accredited institution of higher learning. No combination of seniority and/or education points shall exceed six (6) points per employee. Seniority and education points, in accordance with the above specifications, will be added to the FOP-62 Page 127 of 216 combined score after the candidate has successfully passed all components for the promotional examination. Veteran's Preference points will be added after the addition of seniority and education points, in accordance with state law. Example: (Written Examination Raw Score *0.50) + (Assessment Center Score *0.50) + Education . points + Seniority points + Veterans Preference points = Final Score Section 16.7 — Book Committee A committee consisting of the Human Resources Director, Police Chief, the FOP President and the test developer or their designees, along with two incumbents, one designated by the Police Chief and one designated by the FOP President 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 sessmeatmp seenentAssessment Center will be drawn. Final J �.�TTT selection shall be made after consultation with-_the test developer. Without exception, no member of the Book Committee shall be a\candidate'for the prorotional examination for which the list is compiled. / - \ z \ _7) Such selection or changes therein, shall only`be; 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 Human Resources Director, FOP President and the test developer or their designees shall conclusively decide all challenges based upon standard industry techniques by a majority vote. Section 16.9 - Assessment Center Test or Behavioral Assessment Test Challenges Upon completion of the determination of a score for the Assessment Center Test or the behavioral a°„essment 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/her examination 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`Human Resources Director, FOP President and the test developer, or their, designees, shall'conclusively decide all challenges based upon standard industry-techniquesby\a majority vote. 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 16.10— �� _ Effective upon ratification of this'Agreenent,p.romotional examinations for the position of Sergeant of Police and`Lieutenant,efvPolice will-bye given at least once every twenty-four (24) months,so as to provide"continuous active promotional lists. The City agrees to begin the promotional'process no later`�than nine'(9pmonths prior to expiration of a certified promotional list. Formal examinati n scores,and a promotional list shall be certified and posted within two (2) weeks after completion of all challenges in Section 16.8 above. Promotional lists shall expire twenty-four (24) months after the certification and posting of the results of the promotional examination. Section 16.11 – 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 FOP- 64 Page 129 of 216 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.). Section 16.12 — Promotional Eligibility for Employees Under Investigation An employee under any type of investigation who has been relieved of duty, with or without pay, shall be removed from any promotional eligibility list and will be bypassed for promotion. Upon conclusion of the investigation: 1(a). If an employee is bypassed for promotion pursuant to this article, and the charge(s) leading to the investigation are found to be anything other than substantiated, or, if the employee receives discipline less than a one (1) day suspension without pay, he or she shall be made whole in every respect, including promotion,'compensation and seniority, irrespective of whether an active eligibility list is in effect upon conclusion'of the investigation; 1(b). If an employee is removed'•,from.the__eligibility\lisf\pursuant to this article, and the charge(s) leading to the investigation are,found to-be anythinq ,other than substantiated, or, if the employee receives discipline less tfiar a one'-(1) 'day suspension without pay, he or she shall be returned to their positiolI.on the eligibility list,-pro'ided the list is still in effect (active) upon conclusion of the irivestigatior . �,�' 2. If the charge(s) leading to the-investigatior\are found to be substantiated and result in discipline/consisting of a one (1);day-suspension, without pay or greater, the employee shall continue to,be removed'from a ny\promotional.eligibility list and will be bypassed for promotion. In such,case, the employee`will be eligible to apply and compete for promotion in subsequent testing cycles-without limitations N. \� \ \ 1 \. \ i \ \ \ \/ / FOP -65 Page 130 of 216 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. The FOP President shall notify the Police Chief in writing by September 15 of each contract year, whether he or she elects to utilize the 1500 hour time back provision or the D.D. provisions contained in Section 17.2 below, during the following contract year. 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 P_ olice, Lodge No. 8, Lodge President shall be released and deta hed-from,full time duties as,a'police sworn law enforcement officer while serving as Lodge President-and shall be,carried full-t mi e-in a pay status to be shown on the payroll as "D.D."((Detached Duty):, The following conditions shall apply: \\‘\ \ N 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\.P?esident 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. FOP-66 Page 131 of 216 d) In the absence of the Lodge President, the Lodge President's designee may represent the Fraternal Order of Police. e) The FOP will not send additional employees in a pay status to attend City Commission or Personnel Board meetings without approval of the Police Chief or his designee. f) All applicable Miami Beach Police Department rules, regulations and order shall apply to the person who is the President of the Lodge and on D.D. Section 17.3 — The Management of the Miami Beach Police Department or the City Administration reserves the right to rescind the provisions of this Article in the event that it is found to be illegal. Canceling the Article shall not preclude further discussions of any Lodge Presidents' release for Union business. \, \ v /,; \ �,, \ -- \ \ / \ N � \ -J y y v v/ ,/ N �\. FOP-67 Page 132 of 216 ARTICLE 18 COMPENSATORY TIME Effective upon ratification of this Agreement, employees shall no longer accrue more than 150 hours of compensatory time in a calendar year. Employees will not be permitted to have more than 240 hours of compensatory time in their time bank. Employees assigned to the Motor Unit will continue to be able to accrue 320 hours of compensatory time as per the Settlement Agreement. DETENTION OFFICERS. classification. i -N . \ ice. \\ �'N. \// / l \\ / ✓` r \F \\ \, \ \ \ \\ \,,,) \v ^\ /) \ \V FOP-68 Page 133 of 216 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.m"anyway limit or rest'rict'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.ofthis Agreement. \\ i / \ v \ \/ i -�. `,/ \\ \\ f, - t . \�A N\\ \\ \ \ \ N. \ \ 1 N V / 111 FOP-69 Page 134 of 216 ARTICLE 20 TERM OF AGREEMENT This Agreement shall be effective as of the 1st day of October, 2012 2015 and shall remain in full force and effect until the 30th day of September, 20152018. 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 it desire to modify this Agreement. EXECUTED by the parties hereto on this day 20132016. MIAMI BEACH FRATERNAL ORDER CITY OF MIAMI BEACH, FLORIDA OF POLICE, LODGE NO. 8 \\ \� By Robert Jenkins \\, Jimmy Morales FOP President' �. ` \ � ��, City Manager v� By: `. \ By: Kevin,Millan Raymond,Diaz Philip Levine FO,P Secretary, Mayor By: Approved by Vote of the City Commission Daniel J. Oates \ 1' Police Chief on the day of '' i 20442016. ATTEST: Date Rafael E. Granado City Clerk FOP -70 Page 135 of 216 • FRATERNAL ORDER OF POLICE FOP LODGE NO. 8 . ELECTION OF REMEDY FORM Grievance No. 1. I/We elect to utilize the Grievance Procedure contained in the current Contract between the City of Miami Beach, Florida, and the FOP. In making this election, I/we'understand`that selection of another forum, as defined by the FOP Contract,, shall bar any consideration of the Grievance. 'under the FOP ``collective bargaining agreement. \, \ \ \ �/ 2. I/We elect to utilize andther.'for.um for my/our, grievance, and in doing so, I/we understand'that'Nthis election shall bar any consideration-of,this matter\under'the"FOP collective bargaining agree ientr-_ _ /, V\ v� , \\ �� -\) i \ �\ \ Signature ._ 7 - \ Date , .� .._/ v \ \ \ '�. \ \ \ \ Subject of Grieva ce/Appeal: ,} \\ i f °y y / ,y FOP-71 Page 136 of 216 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'vfix a place and time.forvholding 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 rnay'grant vcontinuance to either party for good--and'sufficient`cause./'No continuance shall be granted to either �, party unless 'such request for'contirivanee is received in writing by the 'Citjr\Manager or his designee at least ten (10) days prior to the date of said\scheduled-hearing of appeal. (// �/(b) ,The,_Heari ngNExaminerm y t the request of the Appointing Officer or the \ Appellant, callor 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'ri ht to be present at such hearing and to be represented by the 'right 9 P Y "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 FOP-72 Page 137 of 216 enter objections to any testimony or evidence presented to the Hearing Examiner, nor may such advisor speak in the Appellant's behalf. (e) The findings of the Hearing Examiner shall be based upon competent substantial evidence of record. (f) The Appointing Officer shall have the burden of presenting evidence to support the truth of the charges as contained in the written notice. (g) The Appellant shall have the right to present evidence to refute the charges brought against him/her.' (h) The Appellant shall have the right to be confronted by his/her accuser, and the Appellant and,the Appointing Officer shall each have the right to cross-examine the witnesses of the other. (i) After both the-Appointing Officer and the Appellant shall have presented their testimony ,and, evidence\the Hearing Examiner shall receive argument in sumrrnation._ The Appointing Officer shall have both the opening and closing\argument., (j) /After thecompletionbf\closing oral,argument;'the Hearing Examiner shall cdnsider '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\thecharrges\in writing.:-The City Manager or his/her designee shall `` promptly deliver\orNmail a copy of such findings to the Appointing Officer \\ and to the'Appellant.) ■ (I) ". 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I I E. 7 W N N 7 -II o N A CO A Ie 7 7• • CO O N 0) A In 1 7 A a) W O) O I A C W O 0O CA CO a)Co N A co CO o M N 0) A 0 N V -s. (O N On"CO (0 (D to co A N N O Cc N Co CO A N (71 c O) A in O (D O V A O A (fl CO (.0 V (n W (71 N A Cr) Co A co A (ND N co (AO 1 (71 N co A A O C71 (o On NJ CO O 0) O) A N o V 0 W 0 O'(D 0- 00 V (n CO O CO O) NJ A N W A 01 (O A NJ V Co 0 0 NJ A A m co co W - (D CO a) O 0 (n O O •-• in N On(O 0 O O V On O V V CO NJ NJ N — 0 Co Co 0 CO (N.) A OO1 W- Co co Co V NJ A A N CO W CJ 10 6 O) A CO CO W N N O 0 CO 0) Co 0 Co V O — a) — N O) V 01 V A O V A 0) N N -.--) O -+ V (0 0 U C71 V A A - CO CO 01 A O Co (71 Co N N 0 N u) On A � A -+N 12 O1 0) N A V Co Co V (0 N O) V CO V 01 N CO CO N CO V A N ▪ O V (D O) - 0) (D in O W O A V W — NJ 0 0) Co V (71 — 0) - 0 03 01 A 0- Co O Co 0 N (O A O 'Co N W O) IV O i- (71 0) 0) A 01 a) A_ CJ - N V co (71 W A CO 0) N -4 CO Co N (71 'co 0) -• N N (n 0 A N A'.O1 0 0 N N O 6 -) !A V A —'W V MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 (FOP) This Memorandum of Understanding (MOU) is entered into this day of , 2016, between the City of Miami Beach (City) and the Fraternal Order of Police, William Nichols Lodge No. 8 (FOP). Effective upon the date of ratification of the 2015-2018 collective bargaining agreement between the City and FOP, those employees at the former maximum of the pay range for the Police Officer and Sergeant of Police ranks, Step H, who were promoted to the rank of Sergeant of Police or Lieutenant of Police between April 1, 2014 and March 31, 2015, will receive a one- time, non-recurring, step increase within the Sergeant of Police or Lieutenant of Police pay range, with their anniversary date remaining unchanged. Said employees shall remain in the new step until their next anniversary date whereupon they shall continue to progress through their respective pay range, contingent upon the employee attaining a rating of "meets expectations" or higher on his or her performance review subsequent to the step increase provided for herein, or a change in classification. Attached hereto and incorporated herein as Exhibit "A" is a list detailing the names, current step and new step for the employees affected by the above mentioned changes. CITY OF MIAMI BEACH, FLORIDA: Jimmy L. Morales, City Manager Date FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8: Robert Jenkins, President Date F:\HUMA\Labo\Contracts\FOP 2015-2018\Contract Language\TA Contract Language\DRAFT STEP I MOU(7.12.2016).docx Page 146 of 216 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 (FOP) EXHIBIT A Employee, Appointment Current . Employee Position Title New Step Number Date, Step r - , 16703 Burger,Jed Police Lieutenant 10/13/2014 G I H 16695 Morgalo, Daniel Police Lieutenant 10/13/2014 G H 17921 Rivero, Marlen M Police Lieutenant 10/13/2014 G H 14527 Baldwin Jr.,Gregory Police Lieutenant 1/5/2015 G H 16743 Ozaeta, Paul A Police Lieutenant 1/5/2015 G H 16928 Garcia, Eric Police Lieutenant 1/5/2015 G H 15543 Dohler,Andrew Police Lieutenant 3/9/2015 'F H 17219 Flanagan, Scott Police Lieutenant 3/9/2015 'F H Employee Appointment Current Employee - Position Title New Step j Number Date Step � 14524 Soto,Amel Police Sergeant 7/28/2014 G I H 18009 Garcia, Eduardo A Police Sergeant 10/13/2014 G H 15545 Taylor, Elise Spina Police Sergeant 10/13/2014 G . H 15058 Torres,Alexander Police Sergeant 11/3/2014 G H 15570 Cosner,Steven Police Sergeant 11/3/2014 G H 15994 Dionne, Martin Police Sergeant 1/5/2015 *F H 17020 Ortivero,Jose Police Sergeant 3/9/2015 G H 18512 Brown, Delvin J. Police Sergeant 3/9/2015 G H 18704 Elmore,Philip R. Police Sergeant 3/9/2015 G H 18023 . Martinez, Roger E Police Sergeant 3/9/2015 G H *Employees currently pending a performance review that would qualify them for a retroactive step increase to Step G, assuming they receive a rating of"meets expectations"or higher. Page 147 of 216