Agreement with Miami Beach Fraternal Order of Police William Nichols Lodge No. 8 02016-0? ?5ig
AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
and
MIAMI BEACH FRATERNAL ORDER OF POLICE
WILLIAM NICHOLS LODGE NO. 8
Period Covered
October 1, 2015 through September 30, 2018
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 7
Section 3.6. Processing Grievances 7
Section 3.7. Election of Remedies 7
Section 3.8. Probationary Period 7
Section 3.9. FOP Grievance Committee 8
Section 3.10. Waiver of Time Limitations or Steps 8
ARTICLE 4. NO STRIKE AND NO LOCKOUT 9
Section 4.1. No Strike 9
Section 4.2. No Lockout 9
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
Section 7.6. No Pyramiding. 14
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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 17
Section 8.4. Step and Longevity Increases 18
Section 8.5. Shift Differential 18
Section 8.6. Hazardous Duty Pay 19
Section 8.7. Holidays 19
Section 8.8. Vacation Benefits 19
Section 8.9. Sick and Vacation Leave Accrual and Payment on Termination 20
Section 8.10. Sick Leave Sell Back Program 20
Section 8.11 Bereavement 21
Section 8.12. Court Time Compensation 21
Section 8.13. Out-Of-Classification Pay 22
Section 8.14. Standby Pay 22
Section 8.15. Call-In Pay, Investigative Supervisor Availability Pay (ISAP), and Telephone
Calls 22
Section 8.16. Sunglasses and Prescription Glasses 23
Section 8.17. Field Training Officer 23
Section 8.18. Injury Service Connected (ISC)
24
Section 8.19. Special Assignment Allowance 24
Section 8.20. Extra Weapon 25
Section 8.21. Quality of Life 25
Section 8.22. Forced Holdover 25
Section 8.23. Pension 25
Section 8.24. Premium Pay Supplement Contingent Upon the Department Obtaining and
Maintaining Certain Accreditations 34
Section 8.25. Buyback of Probationary Time 34
Section 8.26. "Me Too" with the IAFF 34
Section 8.27. CJSTC Police Instructor Incentive Pay 35
Section 8.28 Second Language Pay 36
Section 8.29 Arson Investigator(Certified) 36
Section 8.30 Arson Investigator(Trainee) 36
Section 8.31 Drug Recognition Expert (DRE) 37
ARTICLE 9. FOP HEALTH TRUST 38
Section 9.1. 38
Section 9.2. 40
Section 9.3. 41
Section 9.4. 41
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TABLE OF CONTENT- continued
PAGE NUMBER
Section 9.5. 41
Section 9.6. 41
Section 9.7. 42
Section 9.8. 42
Section 9.9. 42
Section 9.10. Post Employment Health Program (PEHP) 42
Section 9.11. 42
ARTICLE 10. EDUCATIONAL LEAVE AND TUITION REFUND 44
ARTICLE 11. GENERAL PROVISIONS
Section 11.1. Safety and Health 45
Section 11.2. FOP Activity and Non-Discrimination 45
Section 11.3. Reduction In Work Force 45
Section 11.4. Uniforms and Clothing Allowance 46
Section 11.5. Disclosure of Records 46
Section 11.6. Transfers 47
Section 11.7. Meeting Between Parties 47
Section 11.8. Negotiating Sessions 47
Section 11.9. Job Descriptions 47
Section 11.10. Defense of Members 47
Section 11.11. Personnel Rules and Departmental Manual 48
Section 11.12. Incorporation of Personnel Rules 48
Section 11.13. Medical Leave of Absence 48
ARTICLE 12. SEPARABILITY 49
ARTICLE 13. TIME BANK .... 50
ARTICLE 14. DRUG TESTING 52
ARTICLE 15. DISEASE PRESUMPTION 55
ARTICLE 16. PROMOTIONS 57
Section 16.1. 57
Section 16.2. 57
Section 16.3. 57
Section 16.4. 58
Section 16.5. Seniority Points 58
Section 16.6. Education Points 58
Section 16.7. Book Committee 59
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TABLE OF CONTENT- continued
PAGE NUMBER
Section 16.8. Written Test Scoring 59
Section 16.9. Assessment Center Test Challenges 60
Section 16.10. 60
Section 16.11. 60
Section 16.12 Promotional Eligibility for Employees Under Investigation 61
ARTICLE 17. FOP PRESIDENT 62
Section 17.1. 62
Section 17.2. 62
Section 17.3. 63
ARTICLE 18. COMPENSATORY TIME 64
ARTICLE 19. ENTIRE AGREEMENT 65
ARTICLE 20. TERM OF AGREEMENT 66
ELECTION OF REMEDY FORM 67
HEARING EXAMINER RULES 68
APPENDIX A— COMPENSATION PLAN 70
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AGREEMENT
THIS AGREEMENT, made and entered into this _ day of , 2016, by and
between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the MIAMI
BEACH FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 (herein called
the "FOP").
PREAMBLE
WHEREAS, the FOP has been selected as the sole and exclusive bargaining
representative by a majority of employees in the certified bargaining unit set forth in Article 1,
and has been recognized by the City pursuant to the laws of the State of Florida as the sole and
exclusive bargaining representative for said employees; and
WHEREAS, it is the intention of the parties to this Agreement to provide in manner which
is binding and superior to ordinances and personnel rules of the City, for a salary schedule,
fringe benefits, and conditions of employment of the employees covered by this Agreement, and
to provide for the continued and efficient operation of the City's Police Department; and to
provide for an orderly and prompt method of handling and processing grievances; and
WHEREAS, the FOP and the City agree to seek and maintain high standards for the
operation of the Police Department;
NOW, THEREFORE, the parties agree as follows:
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ARTICLE 1
RECOGNITION
The City recognizes the FOP as the sole and exclusive bargaining representative for the
purpose of wages, hours, and other terms and conditions of employment for employees in the
following classifications in the Police Department (hereafter"employees"):
Trainees
Police Officers
Sergeants of Police
Lieutenant of Police
Detention Officers
All other employees in other existing classifications are specially excluded.
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ARTICLE 2
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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 to the annual minimum of the pay range of the Police Officer Classification
is made, or whenever so notified in writing by the FOP of a change in the percentage.
The City agrees to use diligence in making prompt delivery of monies owed to the FOP. The
charge for dues deductions shall be calculated by multiplying one average run of check-offs by
four (4) and multiplying the product by seven cents ($0.07). The City shall notify the FOP of the
amount owed no later than September 1 of each year. The FOP shall make payment to the City
no later than September 30 of each year. The FOP will notify the City in writing of the exact
amount of such uniform membership dues to be deducted. The FOP will notify the City thirty
(30) days prior to any change in its dues structure or if there are additions or deletions to the
established check-off list.
Section 2.2 — Legal Services Trust Fund
If the FOP establishes a Legal Services Trust Fund, upon receipt of a lawfully executed written
authorization from an employee which is presented to the City by an official designated by the
FOP in writing, the City agrees during the term of this Agreement to take biweekly deductions
from such employees from their pay and remit such deductions to the Trustee within fourteen
(14) calendar days; however, such authorization is revocable at the employee's will upon thirty
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(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.
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ARTICLE 3
GRIEVANCE PROCEDURE
Section 3.1 — Definition of Grievance and Time Limit for Filing
A grievance is a dispute involving the interpretation or application of the express terms of this
Agreement, excluding matters not covered by this Agreement; or where Personnel Board rules
and regulations are involved; provided that disciplinary actions, including discharges, may be
grieved under this Article, as provided herein. See Section 3.7 (Election of Remedies) for
procedures to be utilized in particular circumstances. No grievance shall be entertained or
processed unless it is submitted within twenty (20) workdays (excluding Saturday, Sunday, or
holidays recognized by the City) after the occurrence of the first event giving rise to the
grievance or within twenty (20) workdays after the employee, through the use of reasonable
diligence, should have obtained knowledge of the occurrence of the first event giving rise to the
grievance.
Section 3.2—Grievance Procedure
The FOP shall have the right to initiate and process grievances on its own behalf or on behalf of
named members of the bargaining unit. However, the FOP shall have the right in its sole
discretion not to process grievances on behalf of bargaining unit members who are not
members of the FOP, provided it notifies said employee of its decision not to proceed.
Grievances shall be processed, individually, as follows:
Step 1: The grievance shall be presented, in writing on the Grievance Form supplied
by the City, to the employee's unit or division commander or a designated
representative, who shall answer within five (5) workdays after such receipt.
The employee will also provide the FOP with a copy of said grievance.
Step 2: If the grievance is brought by the FOP on its own behalf, or if the grievance
is brought on behalf of an individual(s) and is not settled in Step 1 and an
appeal is desired, it shall be referred in writing to the Police Chief or his
designee. The Election of Remedy Form shall be completed and signed by
the FOP and/or the grievant, and attached to the Step 2 grievance. The
Police Chief shall discuss the grievance within ten (10) workdays with the
employee and the FOP grievance committee at a time designated by the
Police Chief. If no settlement is reached, the Police Chief shall give the City's
written answer to the employee and the FOP grievance committee within five
(5) workdays following their meeting.
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Step 3: If the grievance is not settled in Step 2 and both the employee and FOP
grievance committee desire to appeal, or if it is a class grievance filed by the
FOP and at least one employee of the named class and FOP grievance
committee desire to appeal, it shall be appealed in writing to the City
Manager or his designee for Labor Relations within fifteen (15) workdays
after the City's answer in Step 2. A meeting between the City Manager or his
designee, the employee, and the FOP grievance committee shall be held at
the time designated by the City Manager within fifteen (15) workdays. If no
settlement is reached, the City Manager shall give City's written answer to the
employee and the FOP grievance committee within fifteen (15) workdays
following the meeting.
Section 3.3— Binding Arbitration
If the grievance is not resolved in Step 3 of the grievance procedure, the FOP grievance
committee, with the concurrence of the employee who filed the grievance, or if it is a class
grievance filed by the FOP, with the concurrence of at least one employee of the named class,
or if it is a grievance filed by the FOP on its own behalf, may refer the grievance to binding
arbitration within fifteen (15) after receipt of the City's answer in Step 3. The parties shall
attempt to agree upon an arbitrator within fifteen (15) workdays after receipt of notice of referral
and in the event the parties are unable to agree upon an arbitrator within said fifteen (15), the
parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of
five (5) arbitrators. Both the City and the FOP shall have the right to strike two names. The
name remaining after the City strikes shall be the arbitrator. The arbitrator shall be notified of
his selection within five (5) workdays by a joint letter from the City and the FOP requesting that
he advise the parties of his availability for a hearing. The parties may select a permanent
arbitrator in lieu of the selection procedure set forth in this section.
Section 3.4— Authority of Arbitrator
The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the
provisions of this Agreement. He shall consider and decide only the specific issue submitted to
him in writing by the City and the FOP, and shall have no authority to make a decision on any
other issue not so submitted to him. The arbitrator shall submit in writing his decision within
thirty (30) days following the close of the hearing or the submission of briefs by the parties,
whichever is later, provided that the parties may mutually agree in writing to extend said
limitation.
The decision shall be based solely upon his interpretation of the meaning or application of the
express terms of this Agreement to the facts of the grievance presented. If the arbitrator acts in
accordance with this Section, the decision of the arbitrator shall be final and binding.
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Section 3.5— Expenses of Arbitration
The fee and expenses of the arbitrator and the cost of a written transcript shall be divided
equally between the City and the FOP; provided, however, each party shall be responsible for
compensating its own representatives or witnesses.
Section 3.6— Processing Grievances
All grievance discussions and investigations shall take place in a manner which does not
interfere with the operation of the Police Department. Any time spent by the Grievance
Committee of the FOP in discussions or processing grievances at Step 1, 2, or 3 during their
working hours shall not result in a loss of earnings or benefits.
Section 3.7— Election of Remedies
Disciplinary actions may be grieved (1) under the grievance/arbitration provisions contained in
this Article or (2) to a Hearing Examiner, who shall be selected by utilizing the procedures
outlined in Section 3.3 of this Article. A grievance involving the interpretation or application of
this Agreement may be grieved solely under the grievance/arbitration provisions contained in
this Article. Grievances regarding certain non-disciplinary matters, such as disagreements as to
the waiving or application of changes to personnel rules or other work rules or policies may be
filed via the Personnel Board procedures.
The decision of the hearing officer shall be final & binding. The cost of a Hearing Examiner
shall be borne by the City. Any proceedings before the Hearing Examiner shall be conducted
pursuant to the attached Hearing Examiner Rules.
Section 3.8— Probationary Period
Nothing herein shall in any way affect the discretion presently accorded the Police Chief with
respect to employees in their probationary period following hire or in their probationary period
following promotion. It is specifically understood by the parties that the exercise of the Police
Chief's 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
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
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designed by the Chief of Police, with input from the Union. In no event will the Supervisor FTO
program be longer than eight(8) weeks.
Section 3.9— FOP Grievance Committee
The FOP shall appoint a Grievance Committee of not more than three (3) members, and shall
notify in writing the Police Chief and the City Manager's designee for Labor Relations of the
name or names of the employee or employees serving on this committee and of any changes in
the numbers of this committee. The members of this committee may not conduct any
investigation while on duty without receiving the permission of the Police Chief, or in his
absence, the duly authorized representative acting in his behalf; however, such permission shall
not be unreasonably withheld. Department clerical personnel will not be used by the grievance
committee in grievance matters. The grievance committee shall not unreasonably use other
departmental resources for the purpose of conducting grievance-related work.
Section 3.10 —Waiver of Time Limitations or Steps
The parties may mutually agree in writing to extend any of the time limitations set forth above for
the processing of grievances and may also waive any of the intermediate steps of the grievance
procedure in writing.
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ARTICLE 4
NO STRIKE AND NO LOCKOUT
Section 4.1 — No Strike
The parties hereby recognize the provisions of Chapter 447, Florida Statutes, which define
strikes, prohibit strikes, and establish penalties in the case of a strike, and incorporate those
statutory provisions herein by reference.
Section 4.2— No Lockout
The City will not lockout any employees during the term of this Agreement as a result of a labor
dispute with the FOP.
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ARTICLE 5
MANAGEMENT RIGHTS
It is recognized that except as stated herein, the City shall retain all rights and authority
necessary for it to operate and direct the affairs of the City and the Police Department in all of its
various aspects, including, but not limited to, the right to direct the work force; to plan, direct,
and control all the operations and services of the Police Department; to determine the methods,
means, organizations, and personnel by which such operations and services are to be
conducted; to assign and transfer employees; to schedule the working hours; to hire and
promote; to demote, suspend, discipline or discharge for just cause, or relieve employees due to
lack of work or for other legitimate reasons; to make and enforce reasonable rules and
regulations; to change or eliminate existing methods, equipment, or facilities; provided,
however, that the exercise of any of the above rights shall not conflict with any of the expressed
written provisions of this Agreement and that a grievance may be filed alleging such a conflict.
The City shall not employ more than thirty-eight (38) Reserve Police Officers. No Reserve
Police Officers will be authorized to perform off-duty work as a police officer, unless reasonable
efforts to fill an off duty job with bargaining unit member fails. Reserve Officers shall be
compensated one dollar($1.00) per fiscal year.
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ARTICLE 6
POLICE EQUIPMENT
The City agrees to issue equipment which includes four sets of class B and E uniform shirts and
pants or shorts on annual basis. Footwear, 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 $750.00, when needed. However,
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 $1,000.00, when needed. If the City is no longer a recipient of the BVP
Grant, then the reimbursement rate shall be $750.00.
If the Department transitions to new or different types of equipment, all employees shall receive
the equipment and applicable training within one (1) year of the transition or within a reasonable
timeframe.
Necessary ammunition will be issued to each employee every twelve (12) months to guarantee
reliability of the ammunition.
Retiree Service Weapon
A bargaining unit member who retires in good standing from the City shall receive his/her
service firearm upon retirement or upon separation from the Police Officer Reserve Program,
provided that the member does not retire in lieu of termination. The Police Chief (or designee)
shall have the right to deny this benefit for any justifiable reason to be approved in conjunctions
with the Human Resources Director (or designee).
All bargaining unit members who retire due to in-service connected injuries/disabilities
regardless of creditable years of service with the City's Police Department shall be eligible to
receive their service firearm. 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.
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.
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ARTICLE 7
HOURS OF WORK AND OVERTIME
Section 7.1 — Purpose
This Article is intended to define the normal hours of work and to provide the basis for the
calculation and payment of overtime. It shall not be construed as a guarantee of hours of work
per day or per week, or of days of work per week.
Section 7.2— Normal Workweek
The normal workweek shall consist of forty (40) hours per week and such additional time
(subject to Section 7.4 and 7.5 below) as may, from time to time, be required in the judgment of
the City to serve the citizens of the City. The workweek shall begin with the employee's first
regular shift each week. All hours scheduled in the normal workday will be consecutive. An
employee called in early in advance of his normal shift starting time will not be sent home early
on such day for the purpose of avoiding overtime unless such employee is in agreement with
the request to leave early; provided, however, that except as limited by Section 7.3 below, the
City shall retain its right to establish and modify normal work schedules.
Section 7.3— Four-Day Workweek
The City shall extend the present policy of a four (4) day workweek to all employees in the
bargaining unit except employees on light duty because of injuries or illness which are not
service connected. Employees who suffered a service connected injury or illness and who are
permitted to work light duty may work up to thirty-two (32) weeks, measured non-consecutively
from the date of injury, on light duty on a 4-10 schedule, or to receive ISC payments for thirty-
two (32) weeks, or a combination of both. Thereafter, the officer may be assigned to work a
5-8's shift in a light duty assignment during the pendency of his/her light duty.
Positions occupied by employees who are permitted to elect either a 4-10 or a 5-8 work
schedule shall continue on that basis.
Detention Officers shall continue to work a 5-8 work schedule.
Section 7.4—Weekly Overtime
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.
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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 count as hours worked for purposes of overtime calculation. All
other hours in paid status shall count as hours 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
Department:
1. Carry-over Overtime — Overtime for work carried over from an
employee's regular duty assignment (e.g., uniform officer on arrest;
detectives' on-going investigations). "Carry-over Overtime" shall not
be subject to equal distribution rules.
2. Staffing Overtime — Overtime due to staffing needs. Staffing
Overtime shall be distributed on a rotating basis, as equally as
practicably possible, among employees in the particular work unit
who are qualified to perform the particular overtime work, by
departmental seniority. The Staffing Overtime list must be
exhausted before returning to the top of the list.
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.
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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 be paid no later than two (2) full pay periods following the
pay period in which the overtime/court attendance slip is submitted and approved by the
employee's supervisor.
Section 7.6— No Pyramiding
Compensation shall not be paid more than once for the same hours with the exception of the
assignment of "guaranteed minimum hours" provided for in Section 8.12, entitled Court Time
Compensation, 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.
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ARTICLE 8
WAGES AND FRINGE BENEFITS
Section 8.1 —Across-the-Board Wage Increases
a) Effective with the first pay period ending in April of 2016, there shall be 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 July of 2017, 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.
c) Effective with the first pay period ending in July of 2018, 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 costs to the City in maintenance, repairs and liability, a
take-home vehicle program will continue on a phased-in process to the extent that funds are
available in compliance with State and Federal law from the Police Confiscated Fund.
unit members who are participants in the Take-Home Vehicle Program as of
Bargaining u p p
October 1, 1997, shall continue in the Take-Home Vehicle Program as prescribed by the City
Commission approved Policy and the Department S.O.P. Thereafter, priority for allocation of
take-home cars shall be given to all eligible personnel by Departmental seniority.
To defray the operating expense incurred by the City as a result of the non-official use of take-
home vehicles, employees shall be assessed a user fee. The fee shall be based on the location
of their primary residence as shown below:
LOCATION BIWEEKLY FEE
Miami Beach -0-
Dade County (other than Miami Beach) $25.00
Broward County $30.00
Palm Beach County (as limited below) $45.00 or $75.00
The take-home vehicle program shall be available to any sworn officer who was hired before
July 18th, 2001 [the ratification date of 2000-2003 Agreement] who resides in Miami-Dade or
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Broward County. Except as stated in this section, the take-home vehicle program shall not be
available to any sworn officer who is hired on or after July 18th, 2001 [the ratification date of the
2000-2003 Agreement] (except police applicants in the background process) and resides
outside of Miami-Dade County but is available to a sworn officer who is living outside Miami-
Dade County and moves back to Miami-Dade County.
As of July 2010, there were one hundred ten (110) cars allocated in the take home vehicle
program for Broward County. Going forward, a number of vehicles to be determined (but no less
than one hundred ten (110) vehicles) by the mutual agreement of the Police Chief and the FOP
will be allocated for Broward County.
The four(4) police officers currently residing in Palm Beach County will be allowed to retain their
take home cars and will continue to pay at their current rates (i.e., the $45.00 or $75.00 that
applied to each of them respectively per the terms of the 2003-2006 Agreement) for their
vehicles. When each one of these four (4) employees separate from City employment, the
number of Palm Beach cars will be reduced as each employee leaves. Whenever one (1) of the
four (4) Palm Beach County cars is eliminated, the number of Broward County take home cars
will be increased by that same number.
Employees may not park their cars in a location so as to circumvent the restrictions outlined in
this section.
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
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.
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Section 8.3—Compensation Plan
a) Entry Level Pay - Hired on or after October 1, 1997
1. Police Officer
a) Non-Certified Hire - A newly hired, non-certified Police Officer will
be placed in the Police Officer Trainee Step 1 rate of pay while
attending the Police Academy and until he/she receives
notification of passing the State Certification examination. The
pay period following the notification of passing the State
Certification examination the bargaining unit employee will be
placed in Police Officer Trainee Step 2 rate of pay for the duration
of his/her first year of service. Upon completing his/her first year of
service, in accordance with Section 5 below, the bargaining unit
employee shall be placed in Step A.
b) Non-Florida Certified Hire Academy Required - A newly hired,
Non-Florida certified Police Officer who is required to attend the
Police Academy will be placed in the Police Officer Trainee Step 2
rate of pay while attending the Academy and until he/she receives
notification of passing the State Certification examination. The
pay period following the notification of passing the State
Certification examination, the bargaining unit employee will be
placed in Police Officer Trainee Step 3 rate of pay for the duration
of his/her first year of service. Upon completing his/her first year
of service, in accordance with Section 5 below, the bargaining unit
employee shall be placed in Step A.
c) Certified Hire with less than one (1) year of experience - A newly
hired Police Officer with less than one (1) year of experience who
is not required to attend the Police Academy shall be placed in the
Police Officer Trainee Step 3 rate of pay for his/her first six (6)
months of service and Step A for the duration of his/her first year
of service.
d) Certified Hire with or greater than one (1) year but less than three
(3) years of experience - A newly hired Police Officer with or
greater than one (1) year but less than three (3) years of
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•
experience shall be placed in Step A for the duration of his/her
first year of service.
e) Certified Hire with or greater than three (3) years of experience - A
newly hired Police Officer with or greater than three (3) years of
experience shall be placed in Step B for the duration of his/her
first year of service.
2. Detention Officer
A newly hired Detention Officer will be placed in Step A of the pay scale for the
duration of his/her first year of service.
b) State Certification Re-examination — In the event a newly hired Police Officer who
is required to take the State Certification examination fails to pass said examination,
he/she shall be placed on a leave of absence without pay until such time as he/she
passes the State Certification examination. Said bargaining unit employee shall sign
up for the next scheduled examination in the State of Florida and take the
examination at his/her expense. In the event the bargaining unit employee fails the
re-examination, his/her employment with the City shall terminate.
Section 8.4— Step and Longevity Increases
All step and longevity increases shall become effective on the payroll period commencing
nearest the employee's anniversary date, as per current practice. A step increase shall be
awarded based upon the employee receiving a satisfactory evaluation during that rating period,
as per current practice.
Effective October 1, 2015, one (1) additional step (Step I) shall be added to the maximum pay
range for the classification of Detention Officer. The additional step will increase the maximum
of the range for the aforementioned classification 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 October 1, 2015, will move into the new
step (Step I) on October 1, 2015, with their anniversary date remaining unchanged. Thereafter,
any employee in the aforementioned classification who is at the maximum step of the range,
(Step H), shall be eligible to proceed to Step I upon reaching his or her next anniversary date.
Section 8.5— Shift Differential
At the time this Agreement was executed, the City maintained three standard shifts of work to-
wit: a first shift starting at approximately 11:00 p.m.; a second shift (also called "Day Shift")
starting at approximately 7:00 a.m.; and a third shift (also called "Afternoon Shift") starting at
approximately 3:00 p.m.
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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.m., the shift differential pay for all post 11:00 p.m. hours
shall be seventy-five cents ($.75) per hour, which shall be added to the employee's hourly rate.
Section 8.6— Hazardous Duty Pay
Effective April 1, 2015, all employees covered by this Agreement, shall 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 vacation benefits presently enjoyed by the
employees covered by this Agreement shall continue. Employees shall be allowed to take
vacation time off upon completion of their entry FTO program.
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In the event an employee is not allowed to take a vacation because of scheduling by the City,
he will, at the option of the City, either be paid in lieu of vacation time not used, or be allowed to
accumulate into the next calendar year pursuant to existing rules governing accumulation.
However, in no event shall an employee be penalized by losing accumulated vacation time
because he was unable to use it because of departmental needs. This Section shall not apply to
sick leave accumulation.
Section 8.9— 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
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 period shall cover each fiscal year, from October 1St to September 30th
Payments for each annual sick leave sell back period will be made in the last pay period in
November after the closing of the applicable sell back period.
The sick leave sell back program will allow qualified employees to sell back their annual sick
leave accrual during the sell back period, minus any sick and emergency vacation leave utilized
during the same period, to be reduced on an hour for hour basis. 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 minus any sick and emergency
vacation leave utilized during the same period, to be reduced on an hour for hour basis. Leave
utilized under the Family and Medical Leave Act (FMLA) shall not reduce the sick leave sell
back amount.
In order to qualify for participation in the sick leave sell back program, employees must: (1)
Have been employed by the City throughout the entire sick leave sell back period being
FOP- 20
•
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 four (4) days off for each death for the purpose of making arrangements and/or
attending the funeral, without loss of pay and without charge to accrued sick leave or vacation
days of said employee. 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 granted at the discretion of the Police Chief, and
shall be chargeable to the accrued sick or vacation leave of such employee. Requests for
additional time off shall be submitted in writing to the Police Chief.
The City shall be responsible for funeral expenses for any employee killed in the line of duty, up
to a maximum of$20,000.
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 1/2) hours. However, if an employee's first court
appearance begins within one (1) hour of the start of his/her regularly assigned shift or
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).
FOP-21
c) For the employee's third off-duty appearance in the same day, an additional one (1) hour
minimum shall apply after the expiration of six hours (or four hours if the initial two-hour
minimum was in effect).
d) No Pyramiding. Compensation shall not be paid more than once for the same hours.
Section 8.13—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 rate; provided that this shall in no way constitute an
obligation to assign an employee to a higher classification under any circumstances and it is
recognized that the City retains the right to determine when and for how long an employee will
be temporarily assigned to a higher classification. Effective October 1, 2016, the amount shall
increase to three dollars ($3.00) per hour.
Section 8.14— Standby Pay
When an employee is placed on standby during off-duty hours by order of the shift commander
for the purpose of being available to return to duty to handle emergency crowd control or natural
disasters, he will be paid one-half (1/2) of his regular base rate for all standby time up to a
maximum of eight (8) full-time hours in a twenty-four (24) hour period, starting with the time he
is notified to stand by. Standby remuneration shall cease at the earlier of sixteen (16) hours in a
twenty-four (24) hour period or when the employee is notified by order of the shift commander
that the standby order is rescinded. Standby hours shall not be considered as hours worked for
purposes of overtime.
Section 8.15 — Call-In Pay, Investigative Supervisor Availability Pay (ISAP), and
Telephone Calls
a. Call-In Pay
An employee who is called to perform work outside of his regularly assigned shift will be paid a
minimum of two (2) hours' compensation at the straight time hourly rate or 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
FOP -22
•
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 Pay (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 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 AM and 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.
An off-duty employee 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 AM and 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.
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 one hundred fifty
($150.00) 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
Bargaining 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 assign, reassign, or remove
FOP-23
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— Iniury Service Connected (ISC)
For two (2) sixteen (16) week periods, the City agrees to compensate any member of the
bargaining unit with the difference between the weekly disability workers' compensation benefit
received or which the employee is entitled to receive, and his or her regular rate of pay for any
time lost from work due to injuries sustained under the following circumstances:
a) While on duty and entitled to be paid by the City; or
b) While reasonably exercising police officer functions within the City limits of Miami Beach
while off duty; or while working a departmentally sanctioned off-duty job; or
c) While exercising police officer functions when there is a physical danger to a person and
the employee takes reasonable action off duty in the state of Florida; or
d) When operating a City vehicle, being duly authorized to do so by the City; or while on a
reasonably direct travel route to or from work and home in their private vehicle while
within the City limits.
e) In the circumstances described above (subparagraphs 1 through 4), the City agrees that
it is and will consider itself the employer and the employee the City's employee.
After the advice and comments of the Police Chief and the FOP President, the City Manager, at
his sole discretion, may extend the above described ISC payments beyond thirty-two (32)
weeks. This decision is not subject to grievance or arbitration. The approvals for receipt of this
compensation as presently required shall be continued.
Section 8.19— 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.
Employees assigned to work a 5-8 shift shall receive a special assignment pay of two and
one-half percent (2 1/2%). Employees who are on 5-8 light duty because of non-service
connected injury or illness shall not receive the special assignment pay. Employees who are on
5-8 light duty because of service-connected injury or illness, where the City doctor approves a
40-hour work schedule, and who have demonstrated the ability to work a 40-hour workweek,
FOP-24
shall receive the special assignment pay for all hours worked on 5-8's. If the injury service
connected light duty employee takes off work and receives ISC payments, the employee will not
receive the two and one-half percent (2-1/2%) special assignment pay for time not worked.
Section 8.20— 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
If an employee is forced to stay beyond the hours of his/her regular shift, such additional hours
will be paid at double the regular rate. This provision applies to minimum staffing purposes only
and does not include unexpected or special events such as, hurricanes or other acts of God,
demonstrations, holiday or special events, etc. Forced Holdover will not be subject to the
provisions contained in Article 7.4 Weekly Overtime calculations.
Section 8.23— Pension
The pension benefits as they currently exist shall continue for all Bargaining Unit Members
(except Detention Officers who are members of the City's general employees' pension plan),
except that the City shall amend the pension plan upon ratification of this Agreement, to provide
the following benefits for plan members who retire on or after September 30, 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
FOP -25
plan as set forth in Section G and H herein), of pensionable salary for each year of
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. Effective 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 overtime pay and/or off-duty pay,
exceed the caps presently specified in the Miami Beach Police and Fire Pension
Ordinance. Effective September 30, 2013, overtime in excess of three hundred (300)
hours per year or payments for unused sick and/or vacation leave may not be included
in compensation for pension purposes.
D. DEFERRED RETIREMENT OPTION PLAN (DROP)
1. Eligibility — Any active employee member of the Miami Beach Police and Firefighters
9 Y
Pension Plan may enter into the DROP on the first day of any month following the date
upon which the employee first became eligible for a normal service retirement, subject
to the conditions expressed herein or as modified from time to time.
2. Conditions of Eligibility — Upon becoming eligible to participate in the DROP, an
employee may elect to enter that program for a period not to exceed sixty (60) months;
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
Agreement will be subject to a total maximum DROP participation period not to exceed
FOP -26
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 or four hundred and fifty-
six 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 Worker's 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 sign such forms as may be required by the Pension Board by no later than
September 1, 2016.
3. Conditions of Employment for DROP Participants — Employees shall be subject to
termination of employment while in DROP, to the same extent as they were in their
pre-DROP status. A person who has elected the DROP remains an employee during
the DROP period and receives all the benefits of being an employee during the DROP
period, except any form of pension contribution.
4. Effect of DROP Participation—
a) An employee's credited service and his/her accrued benefit under the
Pension Plan shall be determined on the date of his/her election to participate
in the DROP first becomes effective.
b) The employee shall not accrue any additional credited service while he/she is
a participant in the DROP, or after termination of participation in the DROP.
c) A DROP participant is not eligible for disability benefits from the Plan.
d) An employee may participate in the DROP only once.
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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 (3rd) and fourth (4th) annual adjustment dates,
regardless of whether the employee remains in the DROP for the applicable maximum
participation period.
a. Employees who entered the DROP on or before September 30, 2015, and who
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 (6th) annual
adjustment date. If these employees choose to extend their DROP participation period
and separate from employment with the City at any time within the sixth (6th) 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
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 (7th)
or eighth (8th) 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 (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 (7th), or eighth (8th)
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.
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•
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 (1st), second (2nd), third (3rd), and
fourth (4th) annual adjustment dates. If these employees separate from employment
with the City at any time within the first (1St), second (2nd), third (3rd), or fourth (4th) 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.
6. DROP Account Earnings — Members may direct their DROP money to any of the
investment options offered and approved by the Board. Any losses incurred by the
participant shall not be made up by the City or the Pension Plan. The selection of these
programs shall be made by the participant on forms provided by the Board. Any and all
interest and or earnings shall be credited to the participant's DROP account.
A member's DROP account shall only be credited or debited with earnings while the
member is a participant in the DROP and, depending on the DROP Account Payment
Options selected, after the member dies, retires, or terminates employment with the City of
Miami Beach.
7. Payment of DROP Account Funds— Upon termination of a member's employment (for any
reason, whether by retirement, resignation, discharge, disability, or death), the retirement
benefits payable to the member or to the member's beneficiary shall be paid to the member
or beneficiary and shall no longer be paid to the member's DROP account. In the event of
the member's death, payment shall be made directly to the member's beneficiary. No
payments will be made from the DROP account until the member terminates employment.
8. DROP Account Payment Options — Following the termination of a participant's
employment, the participant shall select one of the following options to begin to receive
payment from his/her DROP account. Said selection shall occur no later than 30 days prior
to the end of the DROP participation period or within 30 days following the termination of a
participant's employment if said termination of employment occurs prior to the end of the
DROP participation period:
Lump Sum - All accrued DROP benefits, plus interest, shall be paid from the
DROP in a single lump sum payment.
Partial Lump Sum - A member designated portion of accrued DROP benefits, plus
interest, shall be paid from the DROP in a partial lump sum payment with the
remainder being directly rolled over into an eligible retirement plan.
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Direct Rollover - All accrued DROP benefits, plus interest, shall be paid from the
DROP directly to the custodian of an eligible retirement plan.
Other method(s) of payment that are in compliance with the Internal Revenue Code
and adopted by the Pension Board of Trustees.
9. Death of DROP Participant— If a DROP member dies before his/her account balances are
paid out in full, the participant member's designated beneficiary shall have the same rights
as the member to elect and receive the pay-out options set forth in Paragraph 8, above.
DROP payments to a beneficiary shall be in addition to any other retirement benefits
payable to the beneficiary.
10.Administration of DROP Accounts — The Pension Board of Trustees shall make such
administrative rules as are necessary for the efficient operation of DROP, but shall neither
create any rule that is inconsistent with the legislation creating the Drop, nor any rule that
would be a mandatory subject of collective bargaining.
At all times, the DROP will be administered so that the Plan remains qualified under the
Internal Revenue Code and is in compliance with the Internal Revenue Code and applicable
laws and regulations.
11. If any provision of this DROP should be found invalid, unlawful, or not enforceable by reason
of any existing or subsequently enacted legislation, or by judicial authority, or by an IRS
regulation/ruling, the City and the Union agree to meet within 30 days of such determination
for the purpose of negotiating a resolution to the invalid provision(s).
In the event that provisions of the Internal Revenue Code operate to limit the benefit amount
of employee coverage by the pension provision incorporated in this Agreement to an
amount less than set forth in the pension Plan then the City and the Union shall negotiate a
method to compensate the affected employee for the difference between the normal
pension benefit and the limits allowed by the Internal Revenue Code provided that no such
resolution shall jeopardize the exempt status of the Plan under the Internal Revenue Code.
12.A member who elects to participate in the DROP shall retain the earned balance of accrued
sick and vacation leave as of date of entry into the DROP, and shall continue to earn sick
and vacation leave during the DROP period, in accordance with the stipulations set forth in
the collective bargaining agreement between the City and FOP. While in the DROP, the
member shall have the one-time option of receiving payment for accrued sick and/or
vacation leave, up to the maximum payout upon separation of employment allowed by the
collective bargaining agreement between the City and FOP, provided that the employee
shall retain at least one hundred twenty (120) hours of accrued sick leave after such
FOP - 30
payment. The one-time election to receive payment of leave balances shall be made in any
one year of the DROP, by notifying the City no later than August 31 of that year. Employees
may request such payment prior to entry into the DROP, but must be in the DROP at the
time of payout. Payment will be made on the second pay period of February of the following
year. Upon final separation from employment with the City, a member who has participated
in the DROP shall be eligible to receive payment for the balance of all accrued sick and
vacation leave as of the date of final separation, up to the maximum provided in the
collective bargaining agreement, as reduced by the prior payout, if any. In no event shall
payments for accrued sick or vacation leave be included in a member's earnings for the
purposes of the plan.
E. Pension benefits for employees hired prior to July 14, 2010; all changes effective September
30, 2013, unless otherwise specified:
1. The benefit multiplier shall be three percent (3%) for each 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.
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 individuals who held the rank of
Police Sergeant or Police Lieutenant on September 30, 2013, or Police
Officers promoted to the rank of Police Sergeant from the 2013 Certified
Police Sergeant Promotional List. Effective upon ratification of this
Agreement, any bargaining unit member formerly excluded from the
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aforementioned eleven percent (11%) cap, who self-demotes, 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.
9. Any employee hired prior to July 14, 2010, who completes a buyback of prior
creditable service before September 30, 2013 and reaches the maximum
pension benefit of 85% prior to reaching age 47, shall cease their contribution
toward the pension plan on the date such employee reaches the 85%
maximum pension benefit; his or her final average monthly earnings shall be
frozen on the same date.
F. Pension benefits for employees hired after July 14, 2010, but prior to September 30, 2013;
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 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 rank that the member is in at time of
retirement.
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G. Pension benefits for employees hired on or after September 30, 2013, but prior to 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 date shall be as provided in the current pension plan,
except that a member must attain the age of 48 to be eligible for "Rule of 70"
retirement.
3. The final average monthly earnings (FAME) shall be based on the Member's
five (5) highest paid years of creditable service, prior to retirement or
separation from employment.
4. The retiree cost of living adjustment (COLA) shall be one and one half
percent (1.5%) annually.
5. The maximum pension benefit shall be 85% of pensionable income.
6. An employee shall be vested after completion of five (5) years of creditable
service.
7. Ten and one half percent (10.5%) employee pension contribution.
8. Employees shall no longer be able to apply overtime, off-duty or any other
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.
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 pension benefit shall be 85% of pensionable income.
6. An employee shall be vested after completion of five (5) years of creditable
service.
7. Ten and one half percent (10.5%) employee pension contribution.
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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.
Section 8.24 — Premium Pay Supplement Contingent Upon the Department Obtaining and
Maintaining Certain Accreditations.
In recognition for obtaining and maintaining the accreditations described below, the following
premium pay supplements will be paid under the following terms:
a) All bargaining unit members shall be paid a premium pay supplement of $40.00 per pay
period for as long as the Police Department maintains Accreditation by the Commission
on Accreditation for Law Enforcement Agencies (CALEA). Effective September 30,
2015, this supplement pay shall be reduced to $20.00 per pay period.
b) Accreditation by the State Commission for Florida Law Enforcement. A separate
conditional accreditation premium pay supplement in the amount of $10.00 per pay
period shall be paid to all bargaining unit employees in the Police Department for
accreditation from the State Commission for Florida Law Enforcement, Inc. Effective
October 1, 2014, this supplement pay shall be eliminated.
If either of the accreditations provided for in subsections (1) or (2) above are discontinued for
reasons unrelated to the action or inaction of bargaining unit members, then the supplement
shall continue.
Section 8.25. 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 interest at the rate of three percent (3%) per
annum excluding first six (6) months. Effective upon ratification, all newly hired employees shall
participate in the pension plan upon date of hire.
Section 8.26— "Me Too" with the IAFF
The FOP reserves the right to a "me too" agreement with the IAFF should the City modify the
IAFF agreement on parallel issues, with the exception of Court time and Alternate Holiday Pay.
FOP- 34
Section 8.27— CJSTC Police Instructor Incentive Pay
Effective with the first full payroll period beginning after September 30, 2010, the City will pay,
under the terms stated in this section, an incentive pay of two and one-half percent (2.5%) of the
officer's base pay (as stated below) for up to a maximum of fifty (50) police officers who obtain
and maintain certification from the Criminal Justice Standards and Training Council (CJSTC) as
Police Instructors:
a) No more than fifty (50) FOP employees will be eligible to receive the two and one-half
percent (2.5%) Police Instructor Certification pay.
b) Additional FOP employees (up to the fifty (50) employee maximum) must be qualified
for the incentive pay by meeting all of the following requirements: (1) a minimum of six
(6) years of full-time experience as a certified law enforcement officer employed by a
State, County or Municipal Police Department; and (2) passing the required CJSTC
Police Instructor Training Course; and (3) have no record of disciplinary action during
the twelve (12) month preceding the date of application for the benefit. FOP employees
will qualify (not to exceed the fifty (50) employee cap) on a first come basis, based on
the date of each employee's submission of the completed written request to the Police
Chief or designee.
c) Newly qualified FOP employees (up to the fifty (50) maximum limit), shall start receiving
their two and one-half percent (2.5%) pay on the next payroll period beginning after the
FOP employee has submitted to the Police Chief (or designee) a written request that
• includes a copy of the CJSTC Instructor Certification, and proof that he/she has met all
other requirements as set forth in this section.
d) Employees shall remain solely responsible for obtaining and maintaining a State
Certified CJSTC Certificate. All costs involved in obtaining and/or maintaining the
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
and the cessation of the concomitant incentive pay. After the second incident, the
employee shall be removed from the CJSTC certified police instructor roster and the
FOP - 35
•
concomitant incentive pay shall be terminated, effective on the date of the second
incident.
f) The value of the two and one-half percent (2.5%) incentive pay shall be determined
based upon only the base wage of the officer, i.e. no additional incentives or other extra
payments or benefits are included in the two and one-half percent (2.5%) pay. The total
incentive pay for the Police Instructor Certification benefit will remain at two and one-half
percent (2.5%) regardless of any additional certifications that the FOP employee may
receive through the CJSTC.
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, or 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.
- Section 8.29—Arson Investigator (Certified)
Effective October 1, 2016, 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.
Section 8.30—Arson Investigator (Trainee)
Effective October 1, 2016, as 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 -36
Section 8.31 — Drug Recognition Expert (DRE)
Effective October 1, 2016, 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-37
ARTICLE 9
FOP HEALTH TRUST
Section 9.1 —
The City will continue to fund the current contribution amount for health care. As of January 1,
2015, the City's current monthly contributions are:
Single: $573.55
Family $1,405.96
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 straight line percentage** increase in premiums
for the City's various medical plan options.
However, at the end of each calendar year, no later than February 1, the FOP will provide the
actual cost increase for the FOP Trust for the prior year. Actual costs shall include all liabilities
of the Trust inclusive of administrative costs. If the payments made by the City to the FOP Trust
exceeded the actual FOP trust increase for the prior year, then the excess amount paid by the
City for the prior year will be subtracted from any projected cost increase for the current year. If
the payments made by the City to the FOP Trust do not exceed the actual increase to the FOP
Trust for the prior year, then there will be no reduction made to any projected cost increase for
the current year. If the payments made by the City to the FOP Trust are equal to the actual
FOP Trust for the prior year, then there will be no reduction made to any projected cost increase
for the current year. Cost reductions of the Trust attributable to design changes shall not be
included for purposes of calculating any credit to the City. The City shall be notified in writing of
all design changes and projected cost savings associated with those changes within 30 days of
the effective date of the proposed changes. Any amount over the ten month reserve shall be
credited to the City. In addition, there shall be no change to the formula used to calculate the
ten month reserve amount. The "ten month reserve" shall mean the sum of ten (10) times the
average of the most recent twelve (12) months, plus cost and liabilities.
Conversely, if the City's renewal rate is flat, or a negative percent, then the City's contribution to
the health trust for that particular year will be based on the average percent increase of the
actual cost increase for the Trust for the prior three (3) years, which shall not exceed the
average of the City's straight line averages for those three (3) years.
FOP-38
Example #1 Example #2 Example #3
(City pays more than the (City pays less than the (City pays the same as the
actual cost) actual cost, but equal to actual cost)
the projected cost and the
straight line cap)
FOP Projected Cost— 10% FOP Projected Cost— 7% FOP Projected Cost— 7%
City Straight line Average — City Straight line Average — City Straight line Average —
7% 7% 7%
City pays 7% City pays 7% City pays 7%
Actual FOP Cost— 5% Actual FOP Cost- 10% Actual FOP Cost— 7%
Credit to City— 2% No change No change
(The City's straight-line average is the cap in all cases.)
The City's contribution amounts will help fund the level of benefits provided under the current
plan as of the date this contract is signed*. If plan design changes cause an increase in the
Trust fund premium, the City is not required to increase its contribution as a result of the plan
design change.
Financial disclosure reports are to be presented from the Trust to the'City Manager's designee
for Labor Relations no later than July 1St of each year. Such report must include the increase
percent identified by the Trust's plan consultant for the following City fiscal year. The City
understands that it will provide the final renewal rates prior to October 1st of each year. The
Trust shall p rovide the report detailing the actual cost for the prior year no later than February
1st
to the City Manager's designee for Labor Relations.
The City's designee for Labor Relations will be notified of the annual meeting at which benefit
changes are under consideration and the City shall be allowed to send a representative to that
meeting. Also, any consulting reports analyzing benefit changes will be provided to the City for
purposes of that meeting.
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.
FOP- 39
*Upon ratification of this agreement, the parties shall supply each other with the current plan
designs in effect for calendar year 2016.
**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 employees presently in the DROP, and all eligible
dependents under the current eligibility rules, the City contribution for those current
retirees and current employees who become future retirees for health coverage shall
be equal to the City's Health Trust contribution formula for active employees.
Furthermore, the contributions for those current retirees and current employees who
become future retirees and their eligible dependents shall be no less than the current
value of the contributions for active employees and their eligible dependents. This
Agreement shall be reduced to writing and made individual contracts and shall be
vested benefit throughout retirement.
b) 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 the Trust on behalf
of those employees after their retirement. As of September 30, 2015,the stipend shall
be a monthly payment equal to $27.49 per 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—
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:
FOP-40
•
1. Must be on the City Police Department Payroll at the time of enrollment;
2. Must be an FOP member for two years (or length of time in Department if less
than two years) prior to enrollment, and must maintain membership throughout
the period of coverage;
3. Must meet insurability criteria satisfactory to Trustees; and
4. Must make the election within thirty (30) days after appointment out of the
bargaining unit.
Section 9.3—
a) All covered employees and covered retirees shall be allowed to continue under the City's
Dental Plan as it may exist.
b) The City shall also contribute to the Trust the amount of premium it is paying for term life
insurance for covered employees and covered retirees.
Section 9.4—
The City's Insurance Plan shall be responsible for the runoff of all claims incurred prior to the
time the FOP Health Trust Plan went into effect.
Section 9.5—
The City shall be provided with a copy of the FOP Health Trust Plan booklet and the Trust
Agreement, and any other information required by law and shall be apprised of any changes in
the Trust Agreement and/or Plan benefits. Additionally, a copy of the Trust's annual C.P.A.
audit report shall be sent to the City Manager's designee for Labor Relations and the Trust or
their designee shall in a reasonable time period answer reasonable inquiries concerning the
finances of the Trust.
Section 9.6—
The FOP shall indemnify and hold the City harmless against any claim, demand, suit, or liability,
and for all legal costs arising in relation to the implementation or administration of the FOP
Health Insurance Trust and Plan, except if the City's acts or omission give rise to its own liability.
FOP-41
Section 9.7 —
Employees in the bargaining unit eligible for inclusion in the Health Trust Plan must be
employed at least ninety (90) days and be on the City Police Department payroll.
Section 9.8—
Employees covered by this Agreement who retire, resign, or are terminated by the City must be
vested in the Police pension plan at the time of such retirement, resignation or termination in
order to receive a contribution by the City towards his/her health insurance premium after such
retirement, resignation or retirement.
Section 9.9—
Employees in the bargaining unit shall be eligible to participate in the City's voluntary benefits
plan, which may be modified by the City from time to time. The voluntary benefits plan shall be
administered by the City.
Section 9.10— Post Employment Health Program (PEHP)
Effective the first pay period ending in October 2013, all employees covered by this agreement
shall contribute twenty-five dollars ($25.00) biweekly to the Post Employment Health Program
(PEHP). Upon separation of employment from the City, 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.
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
FOP -42
•
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.
FOP-43
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.
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 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 as follows:
o 80% for courses in which the employee earns an A
o 60% for courses in which the employee earns a B
o 40% for courses in which the employee earns a C
• Approved graduate courses will be reimbursed as follows:
o 80% for courses in which the employee earns an A
o 60% for courses in which the employee earns a B
The levels of benefit identified above may be subject to change by the City Commission, but in
no event shall be less than the levels of benefit identified below:
One course per semester/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 -44
ARTICLE 11
GENERAL PROVISIONS
Section 11.1 — Safety and Health
The City and the FOP shall cooperate in matters of safety and health affecting the employees
covered by this Agreement.
Effective 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 the Police Department. It will be administered on an annual basis. An
employee will have thirty (30) days from the anniversary of his completion of the assessment to
schedule the next assessment (for that 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, 2016.
Section 11.2— FOP Activity and Non-Discrimination
Neither the City nor the FOP shall discriminate against any employee due to that employee's
membership, non-membership participation, lack of participation, or activities on behalf of, or his
refraining from activity on behalf of the FOP.
No employee covered by this Agreement shall be discriminated against because of race, creed,
national origin, religion, sex, sexual orientation, ethnic background or age in accordance with
applicable State and Federal laws. The FOP agrees to cooperate with the City in complying
with Federal, State and local laws requiring affirmative action to assure equal employment
opportunity. The parties will comply with the Americans with Disabilities Act.
Section 11.3— Reduction In Work Force
When there is a reduction in the work force, employees will be laid off in accordance with their
length of time in grade service and their ability to perform the work available and applicable
veteran's preference laws. When two or more employees have equal ability, the employee with
the least amount of service will be the first one to be laid off. When the working force is
increased after a layoff, employees will be recalled in the order of seniority, with employees with
greater seniority recalled first. Notice of recall shall be sent to the employee at the last known
FOP -45
address by registered mail or certified mail. If an employee fails to report to work within thirty
(30) days from date of receiving notice of recall, he shall be considered to have quit. No new
employee will be hired into the bargaining unit as long as any bargaining unit employee remains
on lay-off status.
During the course of this Agreement, no employee will be laid off and no employee will be
demoted (except for disciplinary demotions).
Section 11.4— Uniforms and Clothing Allowance
The City will continue its present policy concerning uniforms. The uniformed personnel's
monthly maintenance allowance shall be sixty dollars ($60.00) per month for a total of $720.00
per year to be paid out in twenty-six (26) biweekly payments.
For those sworn employees assigned to work in civilian clothes, they shall receive a monthly
allowance of eighty-five dollars ($85.00) per month for a total of $1,020.00 per year to be paid
out in twenty-six (26) biweekly payments.
When transferred into the Criminal Investigation Unit or other unit requiring civilian clothes, the
City will advance the employee, at his/her request, the sum of four hundred twenty five dollars
($425.00) for the purchase of clothing. The employee affected shall agree to relinquish the
eighty-five dollar ($85.00) per month clothing allowance for the following five months, and shall
also agree to reimburse the City for any pro-rata amount in the event of transfer, termination,
resignation, or retirement prior to completion of five (5) months in the civilian clothes
assignment. If the reimbursement is caused by a transfer, the reimbursable amount shall be
collected at the rate of eighty-five dollars ($85.00) per month.
Section 11.5— Disclosure of Records
Employees will not have information contained within any of their files, 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
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.
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Section 11.6—Transfers
It shall be the sole right of the Police Chief or his designee to transfer employees of the
Department. When a transfer is a change in an employee's unit assignment, reasonable
advance notice as is practicable under the circumstances shall be given. If a transfer is a
permanent change in an employee's shift or days off schedule, the employee shall be notified
no less than five (5) workdays prior to the transfer in order that the employee may arrange for
an orderly change.
The five (5) day notice may be waived by the employee and it need not be given when
unforeseen needs of the Department or emergency conditions require that temporary changes
be made with little or no advance notice.
Section 11.7 — Meeting Between Parties
At the reasonable request of either party, the FOP President, or his representative, and the City
Manager, or his designee for Labor Relations, shall meet at a mutually agreed upon time and
place to discuss matters that require immediate discussion.
Section 11.8— Negotiating Sessions
Time and dates for negotiating sessions shall be mutually agreed upon. Up to six (6) on-duty
FOP representatives shall be permitted to attend negotiating sessions without loss of pay or
benefits if they were otherwise scheduled to work.
Section 11.9—Job Descriptions
It is understood by the parties that the duties enumerated in the job description promulgated by
the City are not always specifically described and are to be construed liberally. The City agrees
mail of any change in the job description of any
to notify the FOP President via electronic Y 9 J P
classification in this bargaining unit.
Section 11.10 — Defense of Members
In the event any action for civil damages is brought against a member of the bargaining unit
hereunder individually, and the City is not made a party to any such action, and if the employee
hereunder is found liable and a judgment for damages is rendered against him, the City will
itself or through insurance pay such damages and counsel fees for the employee providing the
employee's liability results from action of the employee arising out of and in the course of his
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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 and available to all employees in the
department electronically through PowerDMS and proposed changes in said manual will be
supplied to the President of the FOP or his designated representative before implementation
and an opportunity to discuss the changes will be afforded. Any changes to SOP's shall contain
a detailed legislative style description of the proposed changes.
Section 11.12— Incorporation of Personnel Rules
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.
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.
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ARTICLE 12
SEPARABILITY
If any provision of this Agreement is held to be in conflict with any law as finally determined by a
court of competent jurisdiction, that portion of the Agreement in conflict with said law shall be
inoperative and subject to immediate renegotiation for a replacement provision, but the
remainder of the Agreement shall continue in full force and in effect.
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ARTICLE 13
TIME BANK
A Time Bank shall be authorized by the City of Miami Beach, whereby members of the
bargaining unit may voluntarily donate accrued annual leave and sick leave to an FOP Time
Bank to be used as follows: (a) the President, or his designee(s), may draw from such Time
Bank, thereby detaching said person(s) from the normal course of their City assigned duties in
order that they may be permitted to perform duties in keeping with the obligations of the FOP to
its membership, and/or (b) by FOP members pursuant to Ordinance No. 1335, and pursuant to
rules and regulations to be established by the FOP that is not otherwise inconsistent with this
article or Ordinance No. 1335. The FOP President, along with the Police Chief (or designee)
will establish a committee of three (3) members whose purpose is to create the rules and
regulations mentioned in subpart b herein. The composition of the Time Bank Committee shall
be determined as follows: the FOP President shall appoint one (1) individual to serve on the
Time Bank Committee; the Police Chief (or designee) shall appoint one (1) individual that shall
serve on the Time Bank Committee and both the FOP President and the Police Chief shall
jointly appoint one (1) active FOP bargaining unit member to serve on the Time Bank
Committee. The Time Bank shall not be utilized for the purpose of attending collective
bargaining sessions between the FOP and the City of Miami Beach.
Time will be deposited into the Time Bank only after the contributor voluntarily signs an
authorization card detailing the type and amount of time to be donated. After review by the FOP
President or his representative, these cards are to be forwarded on a quarterly basis to the
Police Chief for his review, and if appropriate, approval. If approved, the Police Chief will then
forward this material to the Support Services Division, who shall take appropriate action to
implement the provisions of this section.
Time deposits shall be in hourly increments, with three (3) hours being the minimum amount
accepted.
The President, in his own behalf or on behalf of his designee(s), shall fill out the appropriate
form to be supplied by the city for each employee authorized to draw from the Time Bank. Said
form shall be submitted by the President at least five (5) days in advance of anticipated use.
This form shall also include the statement that:
"Upon deduction of time by the City, the undersigned officer agrees to hold the City harmless for
any error or omissions in making said deduction or allocating the deducted time to the time
pool."
This request shall be reviewed by the Police Chief, or his designee, and approved subject to the
manning requirements of the department. Such approval shall not be arbitrarily withheld. Such
FOP- 50
approval, once having been authorized, may be rescinded subject to the manning requirements
of the department.
Time donated to the Time Bank shall be converted to the salary dollar equivalent of the
donor(s), and time used shall be in salary dollar equivalents of the employee(s) using the pool
time. Time donations shall not increase in value. For purposes of computation, only base pay
and longevity will be used. Time donated but not used will not be retrievable and will remain in
the Time Bank for so long as this provision is effective. In the event the Time Bank is
discontinued, the FOP shall be entitled to use the hours remaining pursuant to the provisions of
this section.
Any injury received or any accident incurred by an employee whose time is being compensated
by the FOP Time Bank, shall not be considered a line-of-duty injury, nor shall such injury or
accident be considered to have been incurred in the course and scope of the employee(s)
employment by the City of Miami Beach within the meaning of Chapter 440, Florida Statutes, as
amended.
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ARTICLE 14
DRUG TESTING
a) 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 suspicion by a lieutenant or higher ranking officer, that an employee has
used a 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, shall be directed and required to
submit to drug and alcohol testing.
c) Testing is subject to the following conditions:
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 and it'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 obtain the tests results.
5. The employee must provide a usable specimen/sample.
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Drug Initial Test Level GC/MS Confirmation
Test Level
Amphetamine 1000 ng/ml 500 ng/ml
Barbiturates 300 ng/ml 150 ng/ml
Benzodiazepines 300 ng/ml 150 ng/ml
Cocaine metabolites 300 ng/ml 150 ng/ml
Marijuana metabolites 50 ng/ml 15 ng/ml
Methadone 300 ng/ml 150 ng/ml
Methaqualone 300 ng/ml 150 ng/ml
Methylenedioxyamphetamine (MDA) 500 ng/ml 250 ng/ml
Analogues
Opiates 2000 ng/ml 2000 ng/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.
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, for a period of no longer than two (2) years. An employee
may only be eligible for one last chance agreement during his/her employment with the City.
Employees who test positive a second time for drugs or alcohol as the result of an
unannounced, random or reasonable suspicion drug/alcohol test, shall be terminated from
employment with the City. A Substance Abuse Professional is a licensed physician,
psychologist, social worker, employee assistance. professional or certified addiction
counselor with knowledge of and clinical experience in the diagnosis and treatment of
alcohol and controlled substance-related disorders.
If an employee who is offered a last chance agreement has his/her certification revoked
through the Florida Department of Law Enforcement, he/she shall immediately be
terminated from employment with the Miami Beach Police Department and shall have no
FOP- 53
right to grieve, oppose the termination, and no right to any other position with the City.
FOP- 54
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 by the arbitrator. If rights of detention or sworn
officers are placed before the Bureau of Workers Compensation, then what is "satisfactory •
evidence" will be determined by the Bureau in accordance with Workers Compensation law.
Nothing herein shall be construed to be a waiver or limitation of any benefit provided under
Florida Statute 112.18.
B. Infectious Disease Presumption
Effective October 1, 2013, any documented post-exposure condition or impairment of health
caused by Human Immunodeficiency Virus/ Acquired Immune Deficiency Syndrome
(HIV/AIDS), Hepatitis C, Pulmonary Tuberculosis or Meningococcal Meningitis shall be
presumed to have been accidental and to have been suffered in the line of duty, subject to
the following conditions, unless the contrary be shown by competent evidence.
To qualify for the presumption, the following criteria must be met:
There must be an on-the-job documented exposure that meets scientific standards or
criteria, and the significant on-the-job exposure must be stated, in writing, by a licensed
medical doctor. For example, contact with blood is not an exposure unless the
employee's skin, where the contact occurred, is not intact. Additionally, the person
whose blood came into contact with the employee's broken skin must have one of the
blood borne infectious diseases considered herein.
Current Employees:
1. Current employees must undergo a post-employment medical examination,
administered by a qualified medical doctor to be selected by the City. The results
must reveal no evidence of HIV, AIDS, Hepatitis C, Pulmonary Tuberculosis or
Meningococcal Meningitis. Employees who refuse to comply with this post-
employment examination requirement shall not be eligible for the presumption.
FOP-55
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.
4. New employees, whose test results reveal evidence of any of the aforementioned
infectious diseases, shall not be eligible for the presumption for the disease for
which they tested positive.
All current and new employees shall be tested at a health facility selected by the City. The
FOP Health Trust shall incur the cost associated with testing all current employees who are
members of the Health Trust; those employees who are not members of the Health Trust
shall incur the cost of their testing. The City shall incur the cost of testing all employees
hired after the ratification of this agreement.
All medical examination results, for both current and new employees, shall be released to
the City's Risk Manager.
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ARTICLE 16
PROMOTIONS
Section 16.1 —
Advancement to the ranks of Sergeant and Lieutenant shall be by examinations that measure
the knowledge, skills, and ability of personnel and by seniority. A promotional examination will
be given every two (2) years, unless the FOP President and the City Manager or his designee
for Labor Relations mutually agrees to some other schedule. Effective with the first test given
after ratification, the following revisions to Article 16 shall apply.
Section 16.2—
Eligible applicants for the promotional examination for Sergeant and Lieutenant shall be given a
two-part examination, consisting of a validated, written test, which shall comprise fifty percent
(50%) of the final examination score, and an Assessment Center. The Assessment levels shall
have a weight of fifty percent (50%) of the total score. The written portion shall be given first
and applicants for Sergeant or Lieutenant positions must successfully pass the written test with
a raw score of seventy percent (70%) to be eligible, at a later date, to take the Assessment
Center portion of the examination. Passing scores for the Assessment Center shall be set only
by the test developer. If there are not a significant number of minorities promoted after the next
round of promotional testing after the effective date,of this Agreement, the parties will meet to
review the respective weights and re-negotiate the Article, if necessary.
Section 16.3—
All police officers who on the written test date have four (4) years of seniority from date of
appointment to Police Officer or Police Officer Trainee, and performance evaluations of
satisfactory or above for the preceding twenty-four (24) month period shall be eligible to take the
Sergeant's test. All Sergeants who on the written test date have two (2) years seniority from the
date of appointment as Sergeant and performance evaluations of satisfactory or above for the
preceding twenty-four (24) month period shall be eligible to take the Lieutenant's test.
Applicants must, in both cases, apply on or before the application cutoff date and time in
accordance with Personnel Rules.
The City Manager or his designee for Human Resources may refuse to permit an applicant to
take the examination on the grounds of conduct disgraceful to the Department and his/her
officer status; or refused advancement from probationary status. In the latter case, if at least
three (3) years have elapsed since such failure of probationary advancement, such candidate
will be considered qualified. Should any applicant, so disqualified for any of these alleged
FOP - 57
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 time.
Section 16.5—Seniority Points
a) 0.2 point shall be added to an employee's Sergeant's passing examination score
for each completed year of service, to a maximum of 25 years.
b) 0.25 points shall be added to an employee's Lieutenant's passing examination
score for each completed year in grade as a Sergeant.
Section 16.6— Education Points
a) 0.02 points shall be added to an employee's 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
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.
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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, shall select the books and test material from
which technical knowledge questions on the written test and Assessment Center will be drawn.
Final selection shall be made after consultation with the test developer. Without exception, no
member of the Book Committee shall be a candidate for the promotional examination for which
the list is compiled.
Such selection or changes therein, shall only be made after a representative of the FOP shall
have a reasonable opportunity to meet and provide input on the selection process.
The test material chosen for the written test and for the Assessment Center shall be described
and announced by the City to the FOP and its members at least three (3) months before such
test.
The provisions of the 2012-2015 collective bargaining agreement between the City and FOP
shall remain in effect solely as it pertains to the book committee for the 2016/2017 Police
Sergeant and Police Lieutenant promotional process.
Overview, Orientation, and Preparation sessions for the written test and for the Assessment
Center test or the behavioral assessment test shall be given at least thirty (30) days prior to
each test.
•
Section 16.8—Written Test Scoring
Within 24 hours after the administration of the written test, an applicant scoring session will be
conducted. Each examinee will be able to review a copy of his/her own answer sheet and the
scoring key (for his/her use during the review session only), with the correct response, the name
of the reading source and location from which each written test question was drawn.
Challenges will be written and submitted to the test developer during a minimum of two (2) post-
test review sessions occurring on separate days, and conducted within ten (10) calendar days
FOP - 59
of test completion. The Human Resources Director, FOP President and the test developer or
their designees shall conclusively decide all challenges by a majority vote.
Section 16.9 —Assessment Center Test Challenges
Upon dompletion of the determination of a score for the Assessment Center 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 by 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—
Promotional examinations for the position of Sergeant of Police and Lieutenant of Police will be
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 (9)
months prior to expiration of a certified promotional list. Formal examination scores and a
promotional list shall be certified and posted within two (2) weeks after completion of all
challenges in 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
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.).
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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 list 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 returned to their position on the eligibility list, provided the list is still in effect (active)
upon conclusion of the investigation.
2. If the charge(s) leading to the investigation 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 any 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 limitation.
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ARTICLE 17
FOP PRESIDENT
Section 17.1 —
The Miami Beach Fraternal Order of Police, William Nichols Lodge No. 8, Lodge President shall
have the option, for each fiscal year, of closed "D.D." (Detached Duty), as outlined in Section
17.2 below, or to conduct union business (under the conditions described in Section 17.2
below), through the use of a time bank. 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 Police, Lodge No. 8, Lodge President shall be released
and detached from full time duties as a sworn law enforcement officer while serving as Lodge
President and shall be carried full-time in a pay status to be shown on the payroll as "D.D."
(Detached Duty). The following conditions shall apply:
a) For the purpose of recording time, the Lodge President will notify the Police Chief of all
absences, including vacations, sick leave, meeting attendances, out of town trips, etc.
The Lodge President shall be required to work a 40-hour workweek.
b) The Lodge President will be available at the FOP office currently located at 999 11th
Street, Miami Beach, Florida 33139, for consultation with the Police Department
Management or the City Administrators between normal working hours.
c) Should the Lodge President wish to change offices, (s)he will notify the Police Chief, in
writing, at least five (5) working days prior to the proposed change. Said notice will
include the address and the telephone number of the new office for the FOP Lodge
President.
d) In the absence of the Lodge President, the Lodge President's designee may represent
the Fraternal Order of Police.
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.
FOP-62
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.
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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.
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ARTICLE 19
ENTIRE AGREEMENT
The parties acknowledge that during the negotiations which resulted in this Agreement, each
had the unlimited right and opportunity to make demands and proposals with respect to any
subject or matter not removed by law from the area of collective bargaining, and that the
understandings and agreements arrived at by the parties after the exercise of that right and
opportunity are set forth in this Agreement. Therefore, the City and the FOP, for the duration of
this Agreement, except as provided in the Florida Statutes, or as specifically excepted by
provisions of this Agreement, each voluntarily and unqualifiedly waives the right, and each
agrees that the other shall not be obligated to bargain collectively with respect to any subject or
matter referred to, or covered in this Agreement, or with respect to any subject or matter
referred to, or with respect to any subject or matter not specifically referred to, or covered in this
Agreement, even though such subject or matters may not have been within the knowledge or
contemplation of either or both of the parties at the time they negotiated or signed this
Agreement. This Article shall not be construed to in any way limit or restrict the parties from
negotiating, as provided in the Florida Laws, or any succeeding agreement to take effect upon
the termination of this Agreement or any succeeding term of this Agreement.
FOP -65
ARTICLE 20
TERM OF AGREEMENT
This Agreement shall be effective as of the 1st day of October, 2015 and shall remain in full
force and effect until the 30th day of September, 2018.
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 i C) day of 0 c-cct3 a rk 2016.
MIAMI BEACH FRATERNAL ORDER CITY OF MIAMI BEACH, FLORIDA
OF POLICE, LODGE NO. 8 .
7
By: • By: —- --- --7M
Rob.• enkins my Mor:les,%
FOP ' -sident k p y Manager- ,/;
By l i By
'/ !/.
Raymond r' - P ili ,,:
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 Cty of Miami Beach, Florida, and the
FOP. In making this election, I/we understand that selection of
another forum, as defined by the FOP Contract, shall bar any
consideration of the Grievance under the FOP collective
bargaining agreement.
2. I/We elect to utilize another forum for my/our grievance, and in
doing so, I/we understand that this election shall bar any
consideration of this matter under the FOP collective bargaining
agreement.
Signature Date
Subject of Grievance/Appeal:
FOP-67
Addendum: Hearing Examiner Rules
HEARING EXAMINER RULES
SECTION 1: REQUEST FOR HEARING: Any member of the bargaining unit may appeal
from disciplinary action within ten (10) days after the delivery or mailing to
him/her of such written notice, by filing a written request for a hearing to the
Hearing Examiner or his/her designee. If the tenth day falls on a Saturday or
Sunday, he/she will have the ability to file for an appeal on the following Monday.
SECTION 2: DISCIPLINARY HEARINGS:
(a) The City Manager or his/her designee not later than ten (10) days after
receipt of such appeal, shall fix a place and time for holding a public
hearing within a reasonable time thereafter. Written notice of such time
and place shall be delivered or mailed promptly to both the Appellant and
the Appointing Officer.
Only the Hearing Examiner may grant a continuance to either party for
good and sufficient cause. No continuance shall be granted to either
party unless such request for continuance is received in writing by the
City Manager or his designee at least ten (10) days prior to the date of
said scheduled hearing of appeal.
(b) The Hearing Examiner may, at the request of the Appointing Officer or the
Appellant, call or request any person or records for the purpose of
ascertaining the facts.
(c) The Appointing Officer or a representative designated by him/her, shall
have the right to be present at such hearing and to be represented by the
City Attorney.
(d) The Appellant shall have the right to be present at such hearing and to be
represented by an attorney of his/her choice.
Said attorney shall be an attorney duly admitted and licensed to practice
in the State of Florida. In the event that the Appellant does not retain an
attorney, said Appellant may have an advisor of his/her choice present.
Such advisor shall not have the right to interrogate any witnesses or to
enter objections to any testimony or evidence presented to the Hearing
Examiner, nor may such advisor speak in the Appellant's behalf.
FOP-68
•
(e) The findings of the Hearing Examiner shall be based upon competent
substantial evidence of record.
(f) The Appointing Officer shall have the burden of presenting evidence to
support the truth of the charges as contained in the written notice.
(g) The Appellant shall have the right to present evidence to refute the
charges brought against him/her.
(h) The Appellant shall have the right to be confronted by his/her accuser,
and the Appellant and the Appointing Officer shall each have the right to
cross-examine the witnesses of the other.
(i) After both the Appointing Officer and the Appellant shall have presented
their testimony and evidence, the Hearing Examiner shall receive
argument in summation. The Appointing Officer shall have both the
opening and closing argument.
(j) After the completion of closing oral argument, the Hearing Examiner shall
consider the testimony and evidence presented before the Hearing
Examiner to determine the truth or untruth of the charges.
(k) Within five (5) working days after the completion of the hearing, the
Hearing Examiner shall issue his or her findings as to the truth or untruth
of the charges in writing. The City Manager or his/her designee shall
promptly deliver or mail a copy of such findings to the Appointing Officer
and to the Appellant.
(I) A copy of the written statement given the officer or employee, a copy of
any reply thereto, and a copy of the findings of the Hearing Examiner
shall be filed as a Public Record in the Human Resources Department.
FOP- 69
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FOP- 73
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 .10 day of
J U Iy , 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 i IAMI BE H, FLORIDA:
_ Ip/ rI(Ci
Jimmy Li Morales, ity Manager Date
FRATE• AL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8:
I kA
Afg
I ► �
Ro•ert Je kin-, President Date
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
Number Employee JI Position Title New Step
Date Step I
16703 Burger.Jed Police Lieutenant 10/13/2014 G 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 I Appointment Current
Employee Position Title New Step
Number Date Step
14524 Soto.Amel Police Sergeant 7/28/2014
18009 Garcia,Eduardo A Police Sergeant 10/13/2014 in
15545 Taylor.Elise Spina Police Sergeant 10/13/2014
15058 Torres.Alexander Police Sergeant 11/3/2014 G
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 11111111 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.