98-22840 RESO
RESOLUTION NO.
98-22840
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH TO RATIFY THE THREE-
YEAR LABOR AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND THE FRATERNAL ORDER OF
POLICE, WILLIAM NICHOLS LODGE NO.8, (FOP) FOR
THE PERIOD FROM OCTOBER 1, 1997 THROUGH
SEPTEMBER 30, 2000, AND AUTHORIZE THE MAYOR
AND CITY CLERK TO EXECUTE THE AGREEMENT.
WHEREAS, the City Manager has submitted to the Mayor and City Commission the Labor
Agreement (Agreement) recently negotiated between the City of Miami Beach, Florida and the
Fraternal Order of Police, William Nichols Lodge No.8, (FOP) the bargaining agent certified by the
Public Employees Relations Commission (PERC) for the employees covered by said agreement; and
WHEREAS, the previous Labor Agreement was for a three year period from
October 1, 1994 through September 30, 1997 and has expired; and
WHEREAS, the Fraternal Order of Police bargaining unit ratified the attached Agreement
and the City Manager recommends that the City Commission ratify and authorize the execution of
the Agreement between the City and the Fraternal Order of Police Union; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached Labor
Agreement between the City of Miami Beach and the Fraternal Order of Police, William Nichols
Lodge No.8, (FOP) for the period from October 1, 1997 through September 30, 2000, is hereby
ratified and that the Mayor and City Clerk are hereby authorized to execute the Agreement.
ADOPTED this 15th day of
July
,1998.
11/;/4
Mayor
ATTEST:
,,~r ~cltci<<
CIty Clerk
APPROVED t-.> ~
FORM & LAN~:.:
& FOR EXec: \.i .
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ity AtIoI"'!>W
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. ~ 3-98'
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Sergio Rodriguez ~~ ~
City Manager ~
DATE: July 15, 1998
FROM:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH TO RATIFY THE THREE-YEAR LABOR
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
FRATERNAL ORDER OF POLICE (FOP)) WILLIAM NICHOLS LODGE
NO.8 (FOP), FOR THE PERIOD FROM OCTOBER 1, 1997 THROUGH
SEPTEMBER 30, 2000, AND AUTHORIZE THE MAYOR AND CITY
CLERK TO EXECUTE THE AGREEMENT.
ADMINISTRA TION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On June 22, 1998, after 20 sessions, negotiators for the City and the FOP successfully concluded
negotiations for a three year collective bargaining agreement.
The Union membership has reviewed the proposed Agreement and voted to ratify it as presented.
While negotiators for the City and the Union were obliged to represent the best interests of their
"clients", the shared goal was to produce an Agreement that guaranteed equitable and competitive
compensation and working conditions. The following is a summary of the most significant changes
from the previous Agreement.
Wages
The term of the Agreement will extend three years from October 1, 1997 through
September 30, 2000. Effective with the payroll dates of September 29, 1997, September 28, 1998,
and September 27, 1999, of each of those three years, bargaining unit employees will receive a three
percent (3%) pay raise. Based on current, active employees the estimated cost for the wage increases
are $450,000 for Fiscal Year 1997/1998; $475,000 for Fiscal Year 1998/1999; and, $480,000 for
Fiscal Year 199912000.
continued.. .
AGENDA ITEM C J M
DATE.:l-l 5-9 ~
COMMISSION MEMORANDUM
PAGE 2
The FOP was granted a "Rule of 70" retirement benefit for the bargaining unit effective
October 1, 1998, i.e., eligible to retire when their age and years of service equal 70. This benefit will
increase the City's contribution by approximately $601,000, annually, commencing in Fiscal Year
2000. However, this offer is conditioned on the Police and Firefighters Pension Board adopting a
"fresh start" method that values plan assets at 100% of their current market value. At present, they
are valued at 82% of market value. That change will reduce the City's Fiscal Year 1998/1999 plan
contribution by $4,000,000.
...
The Tier B language that modified the pay plan by affecting a 15% salary reduction for those
bargaining unit employees who were hired after April 1, 1993 has been eliminated. The estimated
costs involved to increase the salaries of the affected bargaining unit employees to the Tier A level
through three extra step increases of5% each are $165,000 for Fiscal Year 1997/1998; $168,000
for Fiscal Year 1998/1999; and $172,000 for Fiscal Year 1999/2000. Additionally, as of
September 30,2000, the Tier B pension Plan for Police Officers will be eliminated at an estimated
annual cost of $230,000.
In our effort to defray the City's operating expenses for the take-home vehicle program approved in
1994, all bargaining unit employees who are issued a take-home vehicle will now be assessed a user
fee for each bi-weekly pay period in which they are assigned a car. The fee is based on the location
of the primary residence of the employee as specified below:
Miami Beach Residents no user fee
Dade County (other than Miami Beach) $25.00 per pay period
Broward County $30.00 per pay period.
The take-home vehicles program is not available to employees living outside of Dade and Broward
Counties.
Estimated annual revenue for the City from this user fee is $45,000.
Other Economic Issues
The language that provided this bargaining unit with the opportunity to sell a portion of their sick
leave balance back to the City has been eliminated.
Per past practice, employees will be reviewed annually under the City's performance merit plan. The
merit plan for this bargaining unit will provide a 5% Step increase on the employee's anniversary
date to those employees who receive a satisfactory evaluation during the rating period.
The promotions language has been amended and will provide an estimated cost savings of $30,000
to the City for the preparation of the examinations. Also, the language has been revised to extend
the time period from one year to eighteen months for the expiration of the promotional list.
continued...
COMMISSION MEMORANDUM
PAGE 3
...
The parties ""ill meet again in the coming months to negotiate relative to a Deferred Retirement
Option Plan, service buybacks, and the amount of overtime included in the definition of earnings for
purposes of calculating pension benefits.
CONCLUSION
Ratify the attached collective bargaining agreement negotiated between the City of Miami Beach
and FOP, and adopt the attached resolution authorizing the Mayor and City Clerk to execute the
Agreement.
SR:R~:lsg
Attachments
a:\Comm-mC!l14. 98\F0P9120. CTR
AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
and
MIAMI BEACH FRATERNAL ORDER OF POLICE
WILLIAM NICHOLS LODGE NO.8
Period Covered
October 1, 1997 through September 30,2000
TABLE OF CONTENTS
Paee Number
AGREEMENT & PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 1.
RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
ARTICLE 2.
Section 2.1.
Section 2.2.
Section 2.3.
DEDUCTION OF DUES ....................................
Checkoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legal Services Trust Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Indemnification. .............................................
3
3
3
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 ................................................ 5
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. Disputes Involving Personnel Rules. ................................ 7
Section 3.8. Election of Remedies .......................................... 7
Section 3.9. Probationary Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
Section 3.10. FOP Grievance Committee .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
Section 3.11. 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
Section 6.1. Equipment. ................................................ 11
ARTICLE 7.
Section 7.1.
Section 7.2.
Section 7.3.
Section 7.4.
Section 7.5.
Section 7.6.
HOURS OF WORK AND OVERTIME .......................... 12
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Normal Workweek ........................................... 12
Four-Day Workweek .......................................... 12
Weekly Overtime. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Distribution of Overtime Opportunity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
No Pyramiding. ............................................. 13
i
TABLE OF CONTENTS, continued
Paee Number
ARTICLE 8. WAGES AND FRINGE BENEFITS. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
Section 8 .1. Wages ................................................... 14
Section 8.2. Police Vehicle Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
Section 8.3. Compensation Plan ............................................ 15
Section 8.4. Merit and Longevity Increases .................................... 18
Section 8.5. Shift Differential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
Section 8.6. Holidays .................................................. 18
Section 8.7. Vacation Benefits ............................................ 18
Section 8.8. Sick and Vacation Leave Accrual and
Payment on Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
Section 8.9. Sick Leave Review Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 8.10. Bereavement ............................................... 19
Section 8.11. Court Time Compensation ...................................... 19
Section 8.12. Out-of-Classification Pay ....................................... 20
Section 8. 13. Standby Pay ............................................... 20
Section 8.14. Call-In Pay ................................................ 20
Section 8.15. Sunglasses and Prescription Glasses ................................ 20
Section 8.16. Field Training Officer ......................................... 21
Section 8.17. Injury Service Connected ....................................... 21
Section 8.18. Special Assignment Allowance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
Section 8. 19. Extra Weapon .............................................. 22
Section 8.20. Pension .................................................. 22
ARTICLE 9.
Section 9. 1
Section 9.2
Section 9.3
Section 9.4
Section 9.5
Section 9.6
Section 9.7
F.O.P. HEALTH TRUST ................................... 24
24
25
25
25
25
25
25
ARTICLE 10.
EDUCATIONAL LEAVE AND TUITION REFUND ................. 26
ARTICLE 11.
Section 11.1.
Section 11.2.
Section 11.3.
GENERAL PROVISIONS ................................... 27
Safety and Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
FOP Activity and Non-Discrimination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
Reduction In Work Force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
ii
TABLE OF CONTENTS, continued
Pa~e Number
ARTICLE 11.
GENERAL PROVISIONS, continued
Section 11.4. Uniforms and Clothing Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28
Section 11.5. Disclosure of Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28
Section 11.6. Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
Section 11.7. Meeting Between Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
Section 11.8. Negotiating Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
Section 11. 9. Job Descriptions ............................................ 29
Section 11.10. Defense of Members ......................................... 29
Section 11.11. Personnel Rules and Departmental Manual ........................... 30
Section 11.12. Incorporation of Personnel Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30
Section 11.13. Medical Leave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30
ARTICLE 12.
SEPARABILITY ......................................... 31
ARTICLE 13.
TIME BANK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
ARTICLE 14.
DRUG TESTING ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34
ARTICLE 15.
HEART DISEASE PRESUMPTION ............................ 35
ARTICLE 16. PROMOTIONS .......................................... 36
Section 16.1 ........................................................ 36
Section 16.2 ........................................................ 36
Section 16.3 ........................................................ 36
Section 16.4 ........................................................ 37
Section 16.5. Seniority Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
Section 16.6. Book Committee ............................................ 37
Section 16.7. Written Test Scoring. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Section 16.8 Assessment Center or Behavioral Assessment Component Challenges .......... 38
Section 16.9 ........................................................ 38
Section 16.10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
ARTICLE 17.
Section 17. 1
Section 17.2
F.O.P. PRESIDENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39
ARTICLE 18.
LABOR/MANAGEMENT COMMITTEE. . . . . . . . . . . . . . . . . . . . . . . .. 40
ARTICLE 19.
ENTIRE AGREEMENT .................................... 41
ARTICLE 20.
TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 42
EXECUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
ELECTION OF REMEDY FORM ............................................... 44
iii
AGREEMENT
THIS AGREEMENT, made and entered into this J{)thday of vU LV , 1998, 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:
FOP - 1
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
Lieutenants
Detention Officers
All other employees in other existing classifications are specially excluded.
FOP - 2
ARTICLE 2
DEDUCTION OF DUES
Section 2.1. Checkoff. 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 bi-weekly 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 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 checkoffs by four and multiplying the product by seven cents (7rf,). 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 checkoff 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 bi-weekly
deductions from such employees from their pay and remit such deductions to the Trustee within fourteen (14)
calendar days; however, such authorization is revocable at the employee's will upon thirty (30) days' written
notice to the City and the FOP. There will be no charge to the FOP for Legal Services Trust Fund deductions.
The FOP will notify the City in writing of the exact amount of such uniform Legal Services Trust Fund
deductions. The FOP will notify the City thirty (30) days prior to any change in the deduction structure or if
there are additions or deletions to the established Legal Services Trust Fund deduction structure.
FOP - 3
Section 2.3. Indemnification. The FOP agrees to indemnify and to hold the City harmless against any and
all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not
taken by the City under the provisions of this Article; provided, that the City will not be indemnified or held
harmless for any intentional tort. This indemnification is not intended to cover claims made by, or on behalf
of the FOP.
FOP - 4
ARTICLE 3
GRIEVANCE PROCEDURE
Section 3.1. Definition of Grievance and Time Limit for Filing. A grievance is a dispute involving the
interpretation or application of the express terms of this Agreement, excluding matters not covered by this
Agreement or where Personnel Board rules and regulations are involved; provided that disciplinary actions,
including discharges, may be grieved under this Article. No grievance shall be entertained or processed
unless it is submitted within ten (10) workdays (excluding Saturday, Sunday, or holidays recognized by the
City) after the occurrence of the first event giving rise to the grievance or within ten (10) workdays after the
employee, through the use of reasonable diligence, should have obtained knowledge of the occurrence of the
first event giving rise to the grievance.
Section 3.2. Grievance Procedure. The FOP shall have the right to initiate and process grievances on its
own behalf or on behalf of named members of the bargaining unit. However, the FOP shall have the right in
its sole discretion not to process grievances on behalf of bargaining unit members who are not members of
the FOP, provided it notifies said employee of its decision not to proceed. Grievances shall be processed,
individually, as follows:
Step 1: The grievance shall be presented, in writing on the Grievance Form supplied
by the City, to the employee's unit or division commander or a designated
representative, who shall answer within five (5) workdays after such receipt.
The employee will also provide the FOP with a copy of said grievance.
Step 2: If the grievance is brought by the FOP on its own behalf, or if the grievance
is brought on behalf of an individual(s) and is not settled in Step 1 and an
appeal is desired, it shall be referred in writing to the Chief or his designee.
The Election of Remedy Form shall be completed and signed by the FOP
and/or the grievant, and attached to the Step 2 grievance. The Chief shall
discuss the grievance within five (5) workdays with the employee and the
FOP grievance committee at a time designated by the Chief. If no
settlement is reached, the Chief shall give the City's written answer to the
employee and the FOP grievance committee within five (5) workdays
following their meeting.
Step 3: If the grievance is not settled in Step 2 and both the employee and FOP
grievance committee desire to appeal, or if it is a class grievance filed by the
FOP-5
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 representative within ten (10) workdays after the City's
answer in Step 2. A meeting between the City Manager or his
representative, the employee, and the FOP grievance committee shall be
held at the time designated by the City Manager within ten (10) workdays.
If no settlement is reached, the City Manager shall give City's written answer
to the employee and the FOP grievance committee within ten (10) 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 five (5)
workdays after receipt of the City's answer in Step 3. The parties shall attempt to agree upon an arbitrator
within ten (10) workdays after receipt of notice of referral and in the event the parties are unable to agree upon
an arbitrator within said ten (10) workday period, 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.
FOP - 6
The decision shall be based solely upon his interpretation of the meaning or application of the express terms
of this Agreement to the facts of the grievance presented. If the arbitrator acts in accordance with this Section,
the decision of the arbitrator shall be final and binding.
Section 3.5. Expenses of Arbitration. The fee and expenses of the arbitrator and the cost of a written
transcript shall be divided equally between the City and the FOP; provided, however, each party shall be
responsible for compensating its own representatives or witnesses.
Section 3.6. Processing Grievances. All grievance discussions and investigations shall take place in a
manner which does not interfere with the operation of the Police Department. Any time spent by the
Grievance Committee of the FOP in discussions or processing grievances at Step 1, 2, or 3 during their
working hours shall not result in a loss of earnings or benefits.
Section 3.7. DisDutes Involving Personnel Rules. Notwithstanding anything in this collective bargaining
agreement to the contrary, no grievance claim, dispute, or matter which involves the application, interpretation,
or enforcement of Personnel Rules and/or Regulations, shall be the subject of a grievance under this collective
bargaining agreement; nor shall any dispute which has been commenced under this grievance procedure be
further processed under this Contract if it is brought to the Personnel Board or any subsidiary committee of
such Board.
Section 3.8. Election of Remedies. The grievance procedure set forth in this collective bargaining
agreement shall not be utilized for any dispute, claim, or charge which is the subject, in whole or in part, of
any matter pending in any court, or before any board, commission, agency, councilor other governmental
body, regardless of the manner in which the matter is brought to the other forum by either employee(s) or
FOP. Selection of another forum shall be deemed an exclusive election of forum and bar any consideration
of the matter under this arbitration and grievance Article.
FOP-7
Any grievance which is processed under this contractual procedure and is settled in favor of the City or which
is dismissed by an arbitrator shall not thereafter be appealed or referred to the Personnel Board, City
Commission, or any other governmental board, commission, or agency.
Section 3.9. Probationary Period. Nothing herein shall in any way affect the discretion presently accorded
the Chief of Police with respect to employees in their probationary period following hire or in their probationary
period following promotion. It is specifically understood by the parties that the exercise of the Police Chiefs
discretion in this regard shall not in any way be subject to the grievance procedure set forth herein.
Section 3.10. 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 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 3.11. Waiver of Time Limitations or Steps. The parties may mutually agree in writing to extend
any of the time limitations set forth above for the processing of grievances and may also waive any of the
intermediate steps of the grievance procedure in writing.
FOP - 8
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.
FOP-9
ARTICLE 5
MANAGEMENT RIGHTS
It is recognized that except as stated herein, the City shall retain all rights and authority necessary for it to
operate and direct the affairs of the City and the Police Department in all of its various aspects, including, but
not limited to, the right to direct the work force; to plan, direct, and control all the operations and services of
the Police Department; to determine the methods, means, organizations, and personnel by which such
operations and services are to be conducted; to assign and transfer employees; to schedule the working
hours; to hire and promote; to demote, suspend, discipline or discharge for just cause, or relieve employees
due to lack of work or for other legitimate reasons; to make and enforce reasonable rules and regulations; to
change or eliminate existing methods, equipment, or facilities; provided, however, that the exercise of any of
the above rights shall not conflict with any of the expressed written provisions of this Agreement and that a
grievance may be filed alleging such a conflict.
The City shall not employ more than thirty-eight (38) Reserve Police Officers. No Reserve Police Officers will
be authorized to perform off-duty work as a police officer, unless reasonable efforts to fill an off duty job with
bargaining unit members fails. Any Reserve Police Officer who is called to work an off-duty job will do it
without remuneration.
FOP - 10
ARTICLE 6
POLICE EQUIPMENT
Section 6.1. Equipment. The City agrees to continue the current policy of issuing equipment which includes
shirts, pants, shoes, leather, department-issued weapons, ammunition, handcuffs, night sticks, light and heavy
jackets, rain gear and traffic templates. Additionally, the City will supply an initial issue whistle to all patrol
officers. Replacement of whistles shall be at the officer's expense. To the extent that a flashlight is a required
article of equipment, the City shall provide it. The City will reimburse employees for the cost of replacement
of protective vests up to a maximum of $450.00, when needed, provided there are sufficient forfeiture funds
available to do so. If the present law changes so that forfeiture funds cannot be used for purchase of vests,
this provision shall be renegotiated.
Necessary ammunition will be issued to each employee every twelve (12) months to guarantee reliability of
the ammunition.
FOP - 11
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 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 32 weeks, measured non-consecutively from the date of injury, on light duty
on a 4-10 schedule, or to receive ISC payments for 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.
Section 7.4. Weekly Overtime. For all hours worked in excess of forty (40) hours during an employee's
workweek, the City will pay the employee one and one-half (1-1/2) times the employee's straight time hourly
FOP - 12
rate of pay. The current policy for calculating hours worked will remain in effect.
Section 7.5. Distribution of Overtime ODDortunity.
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.
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 employees in the particular division who are qualified to perform the
particular overtime work, by departmental seniority.
Employees who are not in the particular work unit or division will not be assigned to
Staffing Overtime or Special Event Overtime unless reasonable attempts to assign
employees from within the work unit or division have failed.
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 Division level.
C. Pay for overtime work will be paid no later than the second pay period in the month following
the month in which the overtime is worked.
Section 7.6. No Pyramiding. Compensation shall not be paid more than once for the same hours.
FOP - 13
ARTICLE 8
WAGES AND FRINGE BENEFITS
Section 8.1. Wages.
Effective with the payroll date of September 29, 1997 there shall be an across-the-board wage
increase of three percent (3%) .
Effective with the payroll date of September 28, 1998 there shall be an across-the-board wage
increase of three percent (3%) .
Effective with the payroll date of September 27, 1999 there shall be an across-the-board wage
increase of three percent (3%) .
Section 8.2. Police Vehicle Policy.
In an effort to reduce the long-term costs to the City in maintenance, repairs and liability, a take-home
vehicle program will continue on a phased-in process to the extent that funds are available in compliance with
State and Federal law from the Police Confiscated Fund.
Purchase Orders for the purchase of the vehicles for the take-home program shall be issued within
60 days after the receipt of the State of Florida contracted bid prices (estimated in January of each year).
Bargaining unit members who are participants in the Take-Home Vehicle Program as of October 1, 1997, shall
continue in the Take-Home Vehicle Program as prescribed by the City Commission approved Policy and the
Department S.O.P. Thereafter, priority for allocation of take-home cars shall be given all eligible personnel
by Departmental seniority.
It is agreed and understood that all appropriations and commitments by the Police Department as of
November 16, 1994, will have first priority for the expenditure of such Confiscated Funds. After funding has
been allocated for such appropriations and commitments, excess funds will be allocated in a 60%/40% ratio
with 60% dedicated to the needs of the Police Department as determined by the Chief of Police and the
remaining 40% being allocated for the purchase of the vehicles for the take-home program. Such allocations
from the Police Confiscated Fund for the take-home program shall be modified after all such initial purchases
have been completed.
FOP - 14
The monthly confiscated fund report shall be sent to the FOP President each month.
To defray the operating expense incurred by the City as a result of the non-official use of take-home
vehicles, employees shall be assessed a user fee for each bi-weekly period in which they have a car assigned
to them. The fee shall be based on the location of their primary residence as shown below:
LOCA TION
Miami Beach
Dade County (other than Miami Beach)
Broward County
BI-WEEKL Y FEE
-0-
$25.00
$30.00
The take-home vehicle program shall not be available to sworn officers who reside outside of Dade
or Broward Counties.
Section 8.3.
Compensation Plan.
Al Entry Level Pay - Hired on or after October 1.1997
11 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.
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c) Certified Hire with less than one (1) year of experience - A newly hired Police Officer with less
than one (1) year of experience who is not required to attend the Police Academy shall be
placed in the Police Officer Trainee Step 3 rate of pay for his/her first six (6) months of
service and Step A for the duration of his/her first year of service.
d) Certified Hire with or greater than one (1) year but less than three (3) years of experience - A
newly hired Police Officer with or greater than one (1) year but less than three (3) years of
experience shall be placed in Step A for the duration of his/her first year of service.
e) Certified Hire with or greater than three (3) years of experience - A newly hired Police Officer
with or greater than three (3) years of experience shall be placed in Step B for the duration
of his/her first year of service.
11 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.
In 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.
g The following Step placement and movement shall apply to those bargaining unit employees hired
prior to October 1, 1997:
1) A bargaining unit employee with the rank of Police Officer who was in Step E of Tier B as of
September 29, 1997 shall be placed in Step C of Tier A and on his/her Fiscal Year 1998
anniversary date shall be placed in Step D of Tier A. On September 29, 1998 he/she shall
be placed in Step E of Tier A and on his/her Fiscal Year 1999 anniversary date shall be
placed in Step F of Tier A. On September 27, 1999 he/she shall be placed in Step G of Tier
A and on his/her Fiscal Year 2000 anniversary date shall be placed in Step H of Tier A. A
bargaining unit employee who was hired at Step D of Tier B and was in Step E of Tier B as
of September 29, 1997 shall be placed in Step C of Tier A as of September 29, 1997. Normal
Step increases shall apply thereafter.
FOP - 16
2) A bargaining unit employee with the rank of Police Officer who was in Step D of Tier B as of
September 29, 1997 shall be placed in Step B of Tier A and on his/her Fiscal Year 1998
anniversary date shall be placed in Step C of Tier A. On September 28, 1998 he/she shall
be placed in Step D of Tier A and on his/her Fiscal Year 1999 anniversary date shall be
placed in Step E of Tier A. On September 27, 1999 he/she shall be placed in Step F of Tier
A and on his/her Fiscal Year 2000 anniversary date shall be placed in Step G of Tier A. A
bargaining unit employee who was hired at Step C of Tier B and was in Step D of Tier B as
of September 29,1997 shall be placed in Step B ofTier A as of September 29, 1997. Normal
Step increases shall apply thereafter.
3) A bargaining unit employee with the rank of Police Officer who was in Step C of Tier B as of
September 29, 1997 shall be placed in Step A of Tier A and on his/her Fiscal Year 1998
anniversary date shall be placed in Step B of Tier A. On September 28, 1998 he/she shall
be placed in Step C of Tier A and on his/her Fiscal Year 1999 anniversary date shall be
placed in Step D of Tier A. On September 27, 1999 he/she shall be placed in Step E of Tier
A and on his/her Fiscal Year 2000 anniversary date shall be placed in Step F of Tier A. A
bargaining unit employee who was hired at Step B of Tier B and was in Step C of Tier B as
of September 29, 1997 shall be placed in Step A of Tier A as of September 29, 1997. Normal
Step increases shall apply thereafter.
4) A bargaining unit employee with the rank of Police Officer who was in Step B of Tier B as of
September 29, 1997 shall be placed in Step P.OT 3 of Tier A and on his/her Fiscal Year
1998 anniversary date shall be placed in Step A of Tier A. On September 28, 1998 he/she
shall be placed in Step B of Tier A and on his/her Fiscal Year 1999 anniversary date shall
be placed in Step C of Tier A. On September 27, 1999 he/she shall be placed in Step D of
Tier A and on his/her Fiscal Year 2000 anniversary date shall be placed in Step E of Tier A.
5) A bargaining unit employee with the rank of Police Officer who was in Step A of Tier B as of
September 29,1997 shall be placed in Step P.OT 2 of Tier A and on his/her Fiscal Year
1998 anniversary date shall be placed in Step P.OT 3 of Tier A. On September 28, 1998
he/she shall be placed in Step A of Tier A and on his/her Fiscal Year 1999 anniversary date
shall be placed in Step B of Tier A. On September 27, 1999 he/she shall be placed in Step
C of Tier A on his/her Fiscal Year 2000 anniversary date shall be placed in Step D of Tier A.
6) A bargaining unit employee with the rank of Detention Officer shall receive normal step
increases in accordance with the Compensation Plan as provided in Appendix C.
FOP - 17
Section 8.4. Merit and Longevity Increases. All merit and longevity increases shall become effective on
the payroll period commencing nearest the employee's anniversary date, as per current practice. A merit
increase shall be awarded based upon the employee receiving a satisfactory evaluation during that rating
period, as per current practice.
Section 8.5. Shift Differential. At the time this Agreement was executed, the City maintained three standard
shifts of work to-wit: a first shift starting approximately 11 :00 p.m.; a second shift (also called "Day Shift")
starting approximately 7:00 a.m.; and a third shift (also called "Afternoon Shift") starting approximately 3:00
p.m. For all work by the third shift performed after 3:00 p.m., a shift differential pay of thirty-two cents (32~)
per hour shall be added to the employee's hourly rate; for all work by the first shift performed after 11 :00 p.m.,
a shift differential pay of fifty-two cents (52~) per hour shall be added to the employee's hourly rate.
If the City rearranges the shift scheduling or establishes any new shift, shift differential pay shall follow the
above formula based on the time period in which a majority of hours are worked by the employee. Thus, if
a majority of the non-standard shift hours are after 3:00 p.m., all the shift differential pay for all post 3:00 p.m.
hours shall be thirty-two cents (32~) 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 shall be fifty-two cents (52~) per hour.
Section 8.6. Holidays. Consistent with the City Commission holiday resolution and current department
practices, the holiday benefits presently enjoyed by the employees covered by this Agreement shall continue.
Employees shall be paid double time for all hours worked on a holiday. Employees whose day off falls on a
holiday shall be given another day off if they work on that holiday.
Section 8.7. Vacation Benefits. Consistent with applicable ordinances, the vacation benefits presently
enjoyed by the employees covered by this Agreement shall continue. After January 1, 1975, vacation days
shall not accumulate from year to year, but rather must be taken in the vacation year granted; provided,
however, amounts accrued prior to January 1, 1975 were not impaired by this change.
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.
FOP - 18
Section 8.8. Sick and Vacation Leave Accrual and Payment on Termination. The present policy
concerning sick leave, including the policy for payment of accrued sick and vacation time combined, up to a
maximum of one year's salary, upon termination, retirement, or death, shall continue for all employees hired
before October 1, 1978. Effective October 1, 1978, all new employees covered by this Agreement shall, under
applicable ordinances, rules, and regulations, be allowed no accumulation of vacation leave 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 360 hours' vacation leave and one half of
sick leave to a maximum of 360 hours.
Section 8.9 Sick Leave Review Committee. Upon ratification of this Agreement, a sick leave review
committee shall be established. Two (2) members shall be appointed by the FOP President and the Human
Resources Director shall be the third member. Such committee shall meet every other month on the first
Monday of the meeting month. The committee shall review the sick leave usage of the department and shall
make recommendations to the Chief of Police on reducing sick leave abuse. A copy of the Committee's
recommendation shall be sent to the City Manager or his designee.
Section 8.10. 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) of an
employee, he or she shall be allowed two (2) 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. In such circumstances, additional time off may be granted at the discretion of the Chief of
the Police Department, and shall be chargeable to the accrued sick or vacation leave of such employee.
Requests for additional time off shall be submitted in writing to the Chief.
Section 8.11. Court Time ComDensation. 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 three (3) hours per day shall be
guaranteed. However, if the employee's first court appearance begins within one (1) hour
of the start of his/her shift or ends within one (1) hour after the end of his/her shift, a minimum
of two (2) hours per day shall be guaranteed.
FOP - 19
(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 three hours (or two hours if the initial two-hour
minimum was in effect).
(c) For the employee's third off-duty appearance in the same day, an additional one (1) hour
minimum shall apply after the expiration of five hours (or four hours if the initial two-hour
minimum was in effect).
Section 8.12. 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 one
dollar ($1.00) higher than his/her regular rate; provided that this shall in no way constitute an obligation to
assign an employee to a higher classification under any circumstances and it is recognized that the City
retains the right to determine when and for how long an employee will be temporarily assigned to a higher
classification.
Section 8.13. 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 8.14. Call-In Pay. An employee who is called in to work outside of his normal tour of duty will be
paid a minimum of two (2) hours' compensation at a rate of time and one-half the regular hourly rate, except
when contiguous to the employee's regular schedule.
Section 8.15. Sunglasses and Prescription Glasses. The City agrees to reimburse employees for the
FOP - 20
purchase or repair of sunglasses and prescription eyeglasses with a maximum allowable reimbursement of
sixty ($60.00) dollars per employee in a twelve (12) month period, when they are lost or damaged while the
employee is engaged in active police work such as arrests, pursuit, physical conflict or vehicular accidents.
Section 8.16. Field Training Officer. When an employee who has completed the field training officer
program is assigned to on-duty training of a trainee or new police officer, the field training officer will receive
an additional $1.00 per hour for each hour(s) he is assigned to train.
Section 8.17. Injury Service Connected. For a period of thirty-two (32) weeks, 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:
1) While on duty and entitled to be paid by the City; or
2) 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
3) While exercising police officer functions when there is a physical danger to a person and the
employee takes reasonable action off duty in Dade or Broward or Palm Beach County; or
4) When operating a City vehicle, being duly authorized to do so by the City; or while on a
reasonably direct travel route to or from work and home in their private vehicle while within
the City limits.
5) In the circumstances 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 I.S.C. payments beyond thirty-two (32) weeks. This decision is
not subject to grievance or arbitration. The approvals for receipt of this compensation as presently required
shall be continued.
FOP - 21
Section 8.18. Special Assignment Allowance. Employees assigned on a permanent basis to motorcycles
shall receive a special assignment pay of five percent (5%) in accordance with existing practice.
Employees assigned to work a 5-8 shift shall receive a special assignment pay of two and one-half (2-1/2%)
percent. Employees who are on 5-8 light duty because of non-service connected injury or illness shall not
receive the special assignment pay. Employees who are on 5-8 light duty because of service-connected injury
or illness, where the City doctor approves a 40-hour work schedule, and who have demonstrated the ability
to work a 40-hour workweek, shall receive the special assignment pay for all hours worked on 5-8's. If the
ISC light duty employee takes off work and receives I.S.C. payments, the employee will not receive the 2-1/2%
special assignment pay for time not worked.
Section 8.19. Extra Weapon. Employees will be allowed to carry a concealed, extra weapon while on duty,
as approved by the range master.
Section 8.20. Pension. The pension benefits as they currently exist shall continue, except as follows:
a) Effective October 1, 1998, the pre-May 19, 1993 Supplemental Plan shall be amended to include a
Rule of 70 age and service option wherein employees whose age and length of service in years
combine to a sum equal to or greater than 70 will be eligible to retire and collect the pension to which
their length of service entitles them without any penalty. This provision is subject to the following
conditions:
FOP - 22
1) The Board of Trustees of the Pension Fund for Firefighters and Police Officers in the City of
Miami Beach adopts a change in the Actuarial Asset Valuation Method wherein the ratio of
the Actuarial Asset Value is one-hundred percent (100%) of Market Value, and;
2) The resulting decrease in the City's contribution for 1998/99 is equal to or greater than the
actuarial determined cost for this benefit.
b) Effective on September 30, 2000, the Tier B Pension Plan shall be eliminated and those sworn
personnel covered under the Tier B Pension Plan shall be eligible for benefits as set forth in the
pre-May 19, 1993, Supplemental Plan. Current employees covered under the Tier B Pension Plan
shall be allowed to purchase their probationary time during the period of June 30, 2000 through
September 30,2000.
c) The parties shall meet prior to Fiscal Year 1998/1999 for the purpose of negotiating the following
subjects:
1) DROP and
2) Buybacks of prior City service for pension credit.
3) Whether the amount of overtime to be included in the definition of earnings shall
remain the same or be increased to an amount not to exceed the maximum of the
pay range plus longevity pay of the rank immediately above the rank of the retiring
employee.
FOP - 23
ARTICLE 9
F .O.P . HEALTH TRUST
Section 9.1. The City shall contribute to the F.O.P. Health Trust ninety percent (90%) of its per employee or
family PPO payment it pays on account of its own Health Plan. 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. In the
event there is a change in the law which increases the cost of the delivery of medical care provided by the
Trust, this Article shall be reopened at the request of the F.O.P. For the term of this Agreement, the City's
contribution to the F.O.P. Health Trust shall not be decreased.
Section 9.2.
(a) All eligible employees and their dependents described in Section 7 shall be eligible to enroll
in the F.O.P. Health Trust Plan and shall not be eligible to participate in the City Plan during
their employ or retirement for so long as the F.O.P. Trust exists.
(b) A non-bargaining unit sworn police officer who elects to enroll in the F.O.P. Health Plan may
apply to the Trust and will be enrolled upon leave of the Trustees, and thereafter will be
deemed to be a covered employee provided he or she meets the following criteria:
(i) Must be on the City Police Department Payroll at the time of enrollment;
(ii) Must be an F.G.P. 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;
(iii) Must meet insurability criteria satisfactory to Trustees; and
(iv) Must make the election within thirty (30) days after appointment out of the bargaining
unit.
FOP - 24
Section 9.3. All covered employees and covered retirees shall be allowed to continue under the City's Dental
Plan as it may exist.
Section 9.4. The City's Insurance Plan shall be responsible for the runoff of all claims incurred prior to the
time the F.O.P. Health Trust Plan went into effect.
Section 9.5. The City shall be provided with a copy of the F.O.P. 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 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 F.O.P. 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 F.O.P. Health
Insurance Trust and Plan, except if the City's acts or omission give rise to its own liability.
Section 9.7. Employees in the bargaining unit eligible for inclusion in the Health Trust Plan must be employed
at least ninety (90) days and be on the City Police Department payroll.
FOP - 25
ARTICLE 10
EDUCATIONAL LEAVE AND TUITION REFUND
Subject to applicable Personnel Rules, an employee may request an educational leave of absence without
pay to take a course or courses in a field related to the work assignment of said employee. The City's tuition
refund program shall be continued for the term of this Agreement.
FOP - 26
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.
Section 11.2. FOP Activity and Non-Discrimination. Neither the City nor the FOP shall discriminate
against any employee due to that employee's membership, non-membership participation, lack of
participation, or activities on behalf of, or his refraining from activity on behalf of the FOP.
No employee covered by this Agreement shall be discriminated against because of race, creed, national
origin, religion, sex, sexual orientation, ethnic background or age in accordance with applicable State and
Federal laws. The FOP agrees to cooperate with the City in complying with Federal, State and local laws
requiring affirmative action to assure equal employment opportunity. The parties will comply with the
Americans with Disabilities Act.
Section 11.3. Reduction In Work Force. When there is a reduction in the work force, employees will be
laid off in accordance with their length of time in grade service and their ability to perform the work available
and applicable veterans preference laws. When two or more employees have equal ability, the employee with
the least amount of service will be the first one to be laid off. When the working force is increased after a
layoff, employees will be recalled in the order of seniority, with employees with greater seniority recalled first.
Notice of recall shall be sent to the employee at the last known address by registered mail or certified mail.
If an employee fails to report to work within thirty (30) days from date of receiving notice of recall, he shall be
considered to have quit. No new employee will be hired into the bargaining unit as long as any bargaining unit
employee remains on lay-off status.
FOP - 27
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 and will provide uniformed personnel with a Fifty Dollar ($50.00) monthly maintenance allowance.
The City will provide Seventy Five Dollars ($75.00) monthly allowance for those sworn employees assigned
to work in civilian clothes.
When transferred into the Criminal Investigation Unit or other unit requiring civilian clothes, the City will
advance the employee, at his request, the sum of Three Hundred Seventy Five Dollars ($375.00) for the
purchase of clothing. The employee affected shall agree to relinquish the Seventy Five Dollar ($75.00) 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 Seventy Five Dollars ($75.00) per month.
Section 11.5. Disclosure of Records. Employees will not have information contained within any of their
files disclosed to persons other than managerial and supervisory employees unless the person requesting
such information (including home telephone number, address, etc.) shall complete and sign a "Request for
Information" form and present proper identification. 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.
FOP - 28
Section 11.6. Transfers. It shall be the sole right of the Chief of Police or his designee to transfer employees
of the Department. When a transfer is a change in an employee's unit assignment, reasonable advance notice
as is practicable under the circumstances shall be given. If a transfer is a permanent change in an employee's
shift or days off schedule, the employee shall be notified no less than five (5) workdays prior to the transfer
in order that the employee may arrange for an orderly change.
The five (5) day notice may be waived by the employee and it need not be given when unforeseen needs of
the Department or emergency conditions require that temporary changes be made with little or no advance
notice.
Section 11.7. Meeting Between Parties. At the reasonable request of either party, the FOP President, or
his representative, and the City Manager, or his representative, shall meet at a mutually agreed upon time and
place to discuss matters that require immediate discussion.
Section 11.8. Negotiating Sessions. Time and dates for negotiating sessions shall be mutually agreed
upon. Up to three (3) on duty FOP representatives shall be permitted to attend negotiating sessions without
loss of payor benefits if they were otherwise scheduled to work.
Section 11.9. Job Descriptions. It is understood by the parties that the duties enumerated in the job
description promulgated by the City are not always specifically described and are to be construed liberally.
The City agrees to notify the FOP of any change in the job description of any classification in this bargaining
unit.
Section 11.10. Defense of Members. In the event any action for civil damages is brought against a member
of the bargaining unit hereunder individually, and the City is not made a party to any such action, and if the
employee hereunder is found liable and a judgment for damages is rendered against him, the City will itself
FOP - 29
or through insurance pay such damages and counsel fees for the employee providing the employee's liability
results from action of the employee arising out of and in the course of his employment hereunder, and further
providing that such judgment against the employee does not result from the wanton and willful action of the
employee.
Section 11.11. Personnel Rules and DeDartmental Manual. Copies of the Personnel Rules and
Regulations will be kept by Majors and Captains whose copies will be available to members of the bargaining
unit upon request.
A copy of the manual of the Police Department is provided to all employees in the department and proposed
changes in said manual will be supplied to the President of the FOP or his designated representative before
implementation and an opportunity to discuss the changes will be afforded.
Section 11.12. Incorporation of Personnel Rules. Any personnel rules agreed upon by the parties for
incorporation in this collective bargaining agreement shall be set forth in an addendum to this Agreement.
Section 11.13. Medical Leave of Absence. After this Agreement is ratified, any employee requesting time
off without pay as a Medical Leave will be granted the time requested up to one (1) month, or longer at the
Chiefs discretion. Employees may use any accumulated leave time or comp time during this leave.
FOP - 30
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.
FOP - 31
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 so that 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. 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. These cards are to be forwarded on a quarterly basis
to the Chief of Police for his signature. The Chief of Police will then forward this material to the Personnel
Director 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 Chief of Police, or his designee, and approved subject to the manning
requirements of the department. Such approval shall not be arbitrarily withheld. Such approval, once having
FOP - 32
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.
The City reserves the right to rescind any provisions of this Article which are found to be illegal. If any
provision of this section is found to be illegal, this section or any portion thereof, shall immediately be
renegotiated.
FOP - 33
ARTICLE 14
DRUG TESTING
Upon reasonable belief, based upon objective factors, that an employee has used an unlawful drug, the Chief
of Police or, in his absence, the Assistant Chief, may direct the employee to submit to a urinalysis for detection
of drugs. In the case of a drug test, the following conditions will be applicable:
(a) A split sample of the urine will be obtained so that two different laboratories to be
selected by prior agreement of the City and the FOP may test the urine if desired:
(b) If the employee claims that there is not a reasonable belief, based on objective
factors, that the employee has used an unlawful drug, the urine will be frozen
pending an expedited arbitration held before whichever of the three pre-agreed upon
local arbitrators (to be selected by the City and the FOP) is first available on a
rotating basis.
The sole issue before the arbitrator shall be whether there was reasonable belief to direct test
as set forth above.
(c) If the arbitrator finds there is not reasonable belief, the urine specimens shall not be
tested and shall be discarded.
(d) If the arbitrator finds there is reasonable belief, or if no challenge to the reasonable
belief basis has been made, then one urine specimen shall be tested by the
laboratory selected by the parties.
(e) All tests for an unlawful drug will be by an agreed upon gas chromatography/mass
spectrometry method, and the other specimen will be tested by the second agreed-to
laboratory, if the employee requests.
(f) In the case of either or both urine tests, the cutoff shall be the nanogram threshold
which shall be established by prior agreement between the parties in the Random
Drug Testing Agreement.
FOP - 34
ARTICLE 15
HEART DISEASE PRESUMPTION
Any condition or impairment of health of any detention or sworn officer caused by heart disease resulting in
total or partial disability or death shall be presumed to have been 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.
FOP - 35
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 mutually agree to some other schedule..
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 thirty-five percent (35%)
of the final examination score, and an Assessment Center or a mutually agreed upon behavioral assessment
component. The Assessment levels shall have a weight of sixty-five percent (65%) 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%) or more to be eligible, at a later date, to take the
Assessment Center or the behavioral assessment component portion of the examination. Passing scores
shall be set by the test consultant. If there are not a significant number of minorities promoted after the next
round of promotional testing after the effective date of this Agreement, the parties will meet to review the
respective weights and re-negotiate the Article, if necessary.
Section 16.3. All police officers who on written test date have four (4) years of seniority from date of
appointment to Police Officer or Police Officer Trainee shall be eligible to take the Sergeant's test. All
Sergeants who on written test date have two (2) years seniority from the date of appointment as Sergeant
shall be eligible to take the Lieutenant's test. Applicants must, in both cases, apply on or before the
application cut-off date and time in accordance with Personnel Rules.
The Human Resources Director 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
FOP - 36
status. In the latter case, if at least three (3) years have elapsed since such failure of probationary
advancement, such candidate will be considered qualified.
Should any applicant, so disqualified for any of these alleged reasons, contest such disqualification, he shall
have access to the grievance procedure under this contract.
Section 16.4. The Human Resources Director shall cause to be developed validated examinations which
closely measure the knowledge, skills, and abilities of a Miami Beach Police Sergeant and a Miami Beach
Lieutenant, administer such examinations, and prepare a promotional register, one for Sergeants and one
for Lieutenants, containing the names of persons who have passed the test ranked in the order of such
examination scores. Promotions shall be by rank order.
Section 16.5. Seniority Points:
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.
0.25 points shall be added to an employee's Lieutenant's passing examination score for each
completed year in grade as a Sergeant.
Section 16.6. Book Committee. A committee of five (5) incumbents selected by the Chief shall select the
books and test material from which technical knowledge questions will be drawn. Final selection shall be
made after consultation with the test developer.
Such selection or changes therein, shall only be made after a representative of the FOP shall have a
reasonable opportunity to meet and provide input on the selection process.
FOP - 37
The test material chosen shall be described and announced by the City to the FOP and its members at least
three (3) months before such test.
Section 16.7. Written Test Scoring. Upon completion of the determination of a raw score, each examinee
shall be furnished with the results.
All challenges of questions must be made in writing to whomever made the test within ninety-six (96) hours
after completion of the testing. Challenges will be written and submitted during a minimum of two (2) post test
review sessions occurring on separate days, and conducted within ninety-six (96) hours of test completion.
Whoever made the test shall conclusively decide all challenges based upon standard industry techniques.
Section 16.8. Assessment Center or Behavioral Assessment Component Challenges. Upon completion
of determination of raw scores, each examinee shall be furnished with his/her test result. Human Resources
shall establish a time period within which test participants may review their examinations. All challenges
regarding the components of this portion of the examination must be made in writing to whomever made the
test within ninety-six (96) hours after the individual completes the review process. Whoever made the test
shall conclusively decide all challenges based upon standard industry techniques.
Section 16.9 Formal examination scores and a promotional list shall be certified and posted promptly after
the end of the examination process. Promotional lists shall expire eighteen (18) months after the certification
and posting of the results of a promotional examination.
Section 16.10. In the event of same day promotions, seniority rank in the new position shall go in the order
of the officer's seniority in the Department - the oldest being first, etc., down the seniority list.
FOP - 38
ARTICLE 17
F.O.P. PRESIDENT
Section 17.1. The Miami Beach Fraternal Order of Police, Lodge No.8, Lodge President shall be released
and detached from full time duties as a police officer while serving as Lodge President and shall be carried
full-time in a pay status to be shown on the payroll as "D.O." (Detached Duty). The following conditions shall
apply:
A. For the purpose of recording time, the Lodge President will notify the Support Services
Division Commander of all absences, including vacations, sick leave, meeting attendances,
out of town trips, etc. T he Lodge President shall be required to work a 40-hour work week.
B. The Lodge President will be available at the FOP office currently located at 407 Lincoln
Road, Suite 2-C, 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 Support Services
Division Commander, in writing, at least five (5) working days prior to the proposed change.
Said notice will include the address and the telephone number of the new office for the FOP
Lodge President.
D. In the absence of the Lodge President, the Lodge President's designee may represent the
Fraternal Order of Police.
E. The FOP will not send additional employees in a pay status to attend City Commission or
Personnel Board meetings without approval of the Police Chief or his designee.
F. All applicable Miami Beach Police Department rules, regulations and order shall apply to the
person who is the President of the Lodge and on D.O.
Section 17.2. The Management of the Miami Beach Police Department or the City Administration, reserve
the right to rescind the provisions of this Article in the event that it is found to be illegal. Canceling the Article
shall not preclude further discussions of any Lodge Presidents' release for Union business.
FOP - 39
ARTICLE 18
LABOR/MANAGEMENT COMMITTEE
A Labor/Management Committee will be created to review and make recommendations to the City Manager
on the following topics:
1. Hurricane Shelter for Police Officers on duty.
2. Physical well being of Police Officers with specific attention to diminishing those conditions
that increase heart disease for Police Officers. Such concepts will include a wellness
program, smoking cessation program, life-style modification programs, stress reduction, and
morale improvement.
3. Operating cost reductions of the Police Department and recommendations on how actual
savings can be shared with current bargaining unit employees, the Police Department, and
the City.
This Labor/Management Committee will consist of two (2) members appointed by the Fraternal Order of Police
and two (2) members appointed by the City Manager.
The Labor/Management Committee will elect a Chairperson at the first meeting and meeting minutes will be
kept for distribution to all Committee Members.
It is anticipated that priority will be given to the Hurricane Shelter issue so as to have the Committee's
recommendation to the City Manager by June 15, 1993.
FOP - 40
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 - 41
ARTICLE 20
TERM OF AGREEMENT
This Agreement shall be effective as of the 1 st day of October, 1997 and shall remain in full force and effect
until the 30th day of September, 2000.
It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing
at least thirty (30) days prior to the anniversary date that it desires to modify this Agreement. In the event that
such notice is given, negotiations shall begin promptly.
FOP - 42
. .'
1~
EXECUTED by the parties hereto on this IG day of -J" U L'I ' 1998.
MIAMI BEACH FRATERNAL ORDER
OF POLICE, LODGE NO.8
CITY OF MIAMI BEACH
By:
!n- . I~~
DENNIS WARD .
FOP PRESIDENT
By:
Approved by vote of the City Commission, J 5 .:JLt LV ,1998.
NEISE!~N
MAYOR
ATTEST:
~~ rCU~
ROBERT PARCHER, CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Date:).?plir::l (A.' 2- ~) I (/ 'if!
~~~
RWB:lsg
a:\FOP97 -20. FNL
c:\UNION. CTR\FOP97 -20. FNL
FOP - 43
FRATERNAL ORDER OF POLICE
FOP LODGE NO.8
ELECTION OF REMEDY FORM
Grievance No.
1.
I/We elect to utilize the Grievance Procedure contained in the current
Contract between the City of Miami Beach, Florida, and the FOP. In making
this election, I/we understand that selection of another forum, as defined by
the FOP Contract, shall bar any consideration of the Grievance under the
FOP collective bargaining agreement.
2._
I/We elect to utilize 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:
DRM:lsg
a:\FOP-NEG97 IFOP97 -20. FN L
FOP - 44
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