Resolution 2019-30831 •
RESOLUTION NO. 2019-30831
A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RATIFYING A THREE (3) YEAR
LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 1510 (IAFF), SUBSTANTIALLY IN THE FORM ATTACHED
HERETO, FOR THE PERIOD FROM OCTOBER 1, 2018 THROUGH
SEPTEMBER 30, 2021; AND, AUTHORIZING THE MAYOR, CITY
MANAGER, AND.. FIRE CHIEF TO EXECUTE THE LABOR
AGREEMENT.
WHEREAS, the City Manager is hereby submitting to the Mayor and City Commission
the Labor Agreement that was negotiated between the City of Miami Beach ("City") and the
International Association of Fire Fighters (IAFF) for the employees covered by said Agreement
for the period from/October 1, 2018 through September 30, 2021; and
WHEREAS, the previous Labor Agreement for the IAFF was for a three-year period from
October 1, 2015 through September 30, 2018, and
WHEREAS, Exhibit A to this Resolution is a copy of Labor Agreement, in substantial
form, that reflects the entirety of the agreement between the parties, including pension,
economic issues, and non-economic issues tentatively agreed to between the City and the
IAFF: and
WHEREAS, any changes to the substantial form of the Labor Agreement must be non-
material in nature as determined by the City Attorney and the IAFF, or else would require re-
ratification by the City Commission and IAFF; and
WHEREAS, the IAFF bargaining unit employees held a ratification vote on April 17,2019
whereby the proposed 2018-2021 Labor Agreement was approved by 96% of the bargaining
unit members who voted.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herby ratify a three (3) year Labor Agreement between the City of Miami Beach
and the International Association of Fire Fighters Local 1510, substantially in the form attached
hereto, for the period of October 1, 2018 through September 30, 2021; and, authorize the
Mayor, City Manager, and Fire Chief to execute the Agreement.
PASSED and ADOPTED thisSday of m1 2019.
ap��- �-• •er, �ayor
Rafael E. Granado, City Cler \ 0 40
" APPROVED AS TO
' ;. i FORM & LANGUAGE
INCOPRATE �' , &FOR EXECUTION
�ilf' ‘- • .......•,�� � City Attorney.' e .
Resolutions - R7 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 8, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RATIFYING A THREE (3) YEAR LABOR
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 1510 (IAFF),
SUBSTANTIALLY IN THE FORM ATTACHED HERETO, FOR THE PERIOD
FROM OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2021; AND,
AUTHORIZING THE MAYOR, CITY MANAGER, AND FIRE CHIEF TO
EXECUTE THE LABOR AGREEMENT.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City's workforce is divided into seven salary groups: (1) those covered by the American
Federation of State, County and Municipal Employees, Local 1554 (AFSCME) bargaining unit;
(2) those covered by the Communications Workers of America, Local 3178 (CWA) bargaining
unit; (3) those covered by the Government Supervisors Association of Florida/OPEIU, Local
100 (GSA) bargaining unit; (4) those covered by the Fraternal Order of Police, William Nichols
Lodge No. 8 (FOP) bargaining unit; (5) those covered by the International Association of Fire
Fighters, Local 1510 (IAFF) bargaining unit; (6) Unclassified; and (7) "Others" (classified
service employees not represented by a bargaining unit).
On September 30, 2018, the three-year collective bargaining agreement between the City of
Miami Beach and the IAFF (covering the period of October 1, 2015 through September 30,
2018) expired. The City and IAFF began meeting in August 21, 2018 to negotiate a successor
agreement. After five formal negotiation sessions, on March 22, 2019, the City and IAFF
reached a tentative three-year agreement covering the period of October 1, 2018 through
September 30, 2021.
The IAFF leadership held a ratification vote on the proposed agreement on Wednesday, April
17, 2019. As per the attached email from the IAFF President, Adonis Garcia, the agreement
was ratified by 96 percent of the members who voted. (Attachment 1)
The following is a summary of the newly negotiated terms between the parties:
Page 789 of 1102
General Provisions
6.12 Fire and Rescue Off Duty Services: Rate for each position determined by Chief and Union
President.
6.13 Promotional Examinations and Appointments: Lieutenant and Captain promotional lists
expiring 02/29/2020 to be extended to 02/28/2021. Lists good for 36 months. In the event that
a vacancy should occur prior to 2/28/21, for the position of Captain, the parties agree to allow
the Fire Chief to appoint an acting Captain until the testing process is completed.
• Firefighters can take promotional exam after 4 years with a bachelor's degree in specified
course of study. (5years without degree)
•Adding Fire Officer 1 to Paramedic requirement 8 years with a bachelor's degree in specified
course of study. (9 years without degree)
•Adding Master's degree in specified course of study to be eligible for Captain's exam.
• Written exam weighting changed from 50% to 60%, Behavioral assessment weighting
changed from 50%to 40%.
• Change promotional credits from 8 to10 split equally between seniority and education.
• 1 point for AS degree; 3 points for specified Bachelor's Degree or any Master's degree; 5
points for specified Master's degree.
Pension
7.24 Pension:
• Pension- Allow a window of opportunity (7/1/2021 to 9/30/2021) for all Bargaining Unit
members to purchase up to two years creditable service with in increments of 3% up to a
maximum of 6 % multiplier for military service and/or prior county or municipal fire service. Can
only be used if the employee completes 10 years of service. Sick and or annual leave can be
used for the purchase. Future employees can exercise this option within the first twenty-four
months of employment. Current employees who have previously purchased past credit up to the
two years may not use this option.
• Vesting- Increase from 5-10 years
•Age to collect- Once benefit reaches 85%, no age requirement.
Cost-Of-Living Adjustments (COLA)
7.1 Wage Increases:
• 0% October 2018
• 1%April, 1, 2020
• 1% April 1, 2021
Other Economic Items
6.7 Uniforms: Add winter jacket and raincoat every three years. Marine unit- three pairs of
Page 790 of 1102
boating shorts, three long sleeve and short sleeve shirts and one pair of boating shoes annually.
7.3 Assignment Pay: 24 shift officers who were assigned to Rescue and previously received
5%will also get the 10%.
7.4 Paramedic and EMT Pay: Paramedic Pay increase from 10% to 14%. 2% effective the first
pay period ending in April 2019; and an additional 2% effective the first pay period ending in
April 2020.
7.9 Overtime: Forced overtime paid at double time.
7.11 Holidays: Shift employees can choose to take alternate 12 hours holiday. Must elect
quarterly in advance or will automatically receive pay in lieu of time off.
Effective 9/30/2019 Shift employees can have the option to elect to be paid a lump sum for all
holidays at the end of the fiscal year.
7.14 Sick and Vacation Leave Accrual and Maximum Payment of Termination: The Must Use
Cap on vacation accrual increased from 460 to 500 hour (600 to 750 for 24- hour shift
employees). Employees shall be permitted to carry hours over the cap until March 31st of the
following year.
7.15 Sick Leave Sell Back Program: Employees with less than 15 years of service may sell 96
hours (144 for shift personnel)
7.20 On-Call: Increase of$300 to S400 for each month employee is placed in an on-call status.
7.32 SWAT: Swat team assignment—5% biweekly. Non-pensionable.
7.35 Combat Challenge: Increase from $50/biweekly to $75 biweekly.
Miscellaneous Items
Article 1: Adding Fire Inspector I & Fire Inspector Supervisor to the bargaining unit.
6.21 Disclosure of Records: Employees will not have information contained within any of their
files disclosed to persons other than the City's managerial and supervisory employees except
as provided by law.
6.22 Defense of Members: In the event any action for civil damages is brought against a
member of the bargaining unit hereunder individually, the City shall provide for the legal defense
of the member and shall pay any resulting judgment against the member if authorized by Florida
law.
7.17 Health Trust Contributions:
• Future annual increases to the City monthly contributions will be made based upon the Annual
Segal Health Plan Cost Trend Survey for Open Access PPO/POS Plans.
Page 791 of 1102
• Firefighters Trust Fund shall provide the audited financial Statements from the TRUST CPA
on an annual basis but not later than March 1st of each calendar year.
7.23 "Me too" with the FOP: Strike the following language- " any such discussions shall not
exceed a period of 90 days from the date of the first meeting, and in no event shall the
discussions continue beyond the contract expiration date."
7.27 Compensation Plan: New Classifications of Fire Inspector and Fire Inspector Supervisors
will be entitled to the following IAFF benefits:
• Overtime
• Call In
• Holidays
• Vacation accrual
• Sick Leave Buyback
• Hours of Work
• I AF F Health Trust
• Court Time
• Voting Time
• Fire Accreditation pay
• Second Language pay
• Take-Home Vehicles
• Step Plan
CONCLUSION
The Administration finds the provisions of this contract fair to the employees and fiscally
responsible for the City. Therefore, adoption of this resolution is recommended. Exhibit A to the
resolution is a copy of the proposed labor agreement.
The City Attorney's Office has reviewed and approved the contract language as to form and
legal sufficiency
FINANCIAL INFORMATION
The terms and conditions of the proposed three-year labor agreement between the City and
IAFF assumes an estimated impact of $1,254,000 for FY 2018/19; $1,913,500 for FY
2019/20; $2,394,500 for FY 2020/21. The total estimated three-year impact is $5,562,000.
(Attachment 2)
Legislative Tracking
Human Resources
ATTACHMENTS:
Description
D Resolution
Page 792 of 1102
o Letter from IAFF
o Other
o IAFF Proposal
Page 793 of 1102
()
s
April 17, 2019
Dear Mr. Morales,
I am pleased to inform you that Local 1510's union contract for 2018-2021 has
been ratified by an overwhelming 96% approval.
The totals were:
116 yes
5 no
I would like to thank you personally for the professional treatment and attention
that you gave to this very important process. I look forward to working with you in
the future.
Thank you,
Adonis Garcia
IAFF Local 1510
Firefighters of Miami Beach
President
EXHIBIT
� I
Page 795 of 1102
FY 2018/19 FY 2019/20 FY 2020/21
0%COLA(10/01/18) $ - $ - $ -
1%COLA(04/01/20) S • S 187,800 $ •
1%COLA(04/01/21) S - $ - $ 382,400
Uniform Winter Jacket $ 20,000
Uniform•Raincoat $ 13,000
• Uniform-Marine Wear $ 1,800 $ 1,800 $ 1,800
Assignment Pay $ 177,100 S 183,500 S 189,000
Paramedic Pay S 245,400 $ 742,400 $ 1,022,400
Forced Overtime
Holidays
Sick/Vacation Leave Accrual
Sick leave sellback for Less than 15 years $ 297,100 S 297,100 $ 297,100
On-Call $ 6,000 $ 6,000 S 6,000
14F1:. SWAT-5%Biweekly S 23,600 $ 24,900 $ 25,800
Hazardous Duty Pay($100 to$150 Biweekly) $ 260,000 $ 260,000 $ 260,000
Combat Challenge($50 to$75 Biweekly) $ 130,000 $ 130,000 $ 130,000
Adding 2 Positions(Fire Inspector&Fire Inspector Supervisor) ,
' Call In
Sick Leave Buyback S 40,000 S 40,000 $ 40,000
IAFF Health Trust $ 18,000 $ 18,000 $ 18,000
Court Time
' Fire Accreditation Pay S 12,500 $ 12,500 S 12,500
Second Language Pay $ 9,500 $ 9,500 $ 9,500
Step Plan
$ 1,254,000 $ 1,913,500 $ 2,394,500 $ 5,562,000
fNote^The figures contained herein result from an order of magnitude analysis,and are therefore estimates] •
EXHIBIT
b
i
Page 796 of 1102
IAFF Proposal -- renumbered & combined (v20)
ARTICLE I
Recognition
The City recognizes the Union as the sole and exclusive bargaining representative for the
purpose of negotiations over wages, hours, and other terms and conditions of
employment for the following classifications in the Fire Department:
Fire Inspector,
Fire.Inspector Supervisor,
Firefighter, Fire Lieutenant,
•
Fire Captain, and
all probationary employees serving in these classifications.
All other employees in other present classifications, including Fire Chief, Assistant Chief,
Division Chief, Battalion Chief and any other classifications established by the City, are
excluded.
Page 797 of 1102
IAFF Proposal --- renumbered & combined (v20)
ARTICLE 3
GRIEVANCE PROCEDURE
331 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 3.4 (Election of Remedies) for
procedures to be utilized in particular circumstances. No grievance shall be entertained
or processed unless it is submitted within fifteen (15) weekdays (excluding Saturday,
Sunday, or holidays recognized by the City) after the occurrence of the first event giving
rise to the grievance or within fifteen (15) weekdays after the employee, through use of
reasonable diligence, should have obtained knowledge of the occurrence of the first event
giving rise to the grievance.
3.2 Definition of Weekday. The term "weekday", as used herein shall be defined as
any day, Monday through Friday, excluding holidays, recognized by the City.
3_3 Grievance Procedure. Grievance shall be processed asfollows:
Step 1: Any employee who believes he/she has a grievance shall present it in writing,
on the Grievance Form provided by the City, to his/her Division Chief, or
other person designated for that purpose, who shall give his/her answer
within six (6) weekdays after such presentation. The employee will also
provide the Union with a copy of said grievance. If the City form is not
available through the Division Chief's office, the time limit for filing shall be
waived until such time as the form is provided to the grieving party.
Step 2: If the grievance is not settled in Step 1 and the Union Grievance Committee
desires to appeal, it shall be referred in writing by the Union to the Fire Chief
within six (6) weekdays after the City's answer in Step 1. The Election of
Remedy Form shall be completed and signed by the IAFF and/or the
grievant, and attached to the Step.2 grievance. The Fire Chief, or his/her
representative, shall discuss the grievance within six (6) weekdays with the
Union Grievance Committee at the time designated by the City. If no
settlement is reached, the Fire Chief, or his /her representative, shall give
the City's written answer to the Union Grievance Committee within six (6)
weekdays following their meeting.
Step 3: If the grievance is not settled in Step 2 and the Union Grievance Committee
desires to appeal, it shall appeal in writing to the City Manager or his/her
designee for Labor Relations within six(6) weekdays after the City's answer
in Step 2. A meeting between the City Manager, or his/her designee for
Labor Relations, and the Union Grievance Committee shall be held within
fifteen (15) weekdays. The City Manager, or his/her designee for Labor
Page 798 of 1102
IAFF Proposal — renumbered & combined (v2O)
Relations, shall give the City's written answer to the Union Grievance
Committee within ten (10) weekdays following the meeting.
Any untimely filing of a grievance at any step will be considered withdrawn. Upon mutual
agreement of the parties, grievances may be consolidated or grouped, and may also be
commenced at Step 3 of the procedure.
3_4 Election of Remedies. Disciplinary actions may be grieved (1) under the
grievance/arbitration provisions contained in this Article or (2) as set forth in Article 3.9 to
a Hearing Examiner, who shall be selected by utilizing the procedure outlined in Section
3_5 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 by the bargaining agent via the Personnel Board procedures.
The decision of the Hearing Examiner shall be final and 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.
3_5 Binding Arbitration. If the.grievance involves a difference of opinion with respect
to the interpretation or application of the express terms of this Agreement and said
grievance has not been settled in accordance with the foregoing procedure, the Union
Grievance Committee may refer the grievance to binding arbitration within six (6)
weekdays after receipt of the City's answer in Step 3. The parties shall attempt to agree
upon an arbitrator within six (6) weekdays after receipt of notice of referral and, in the
event the parties are unable to agree upon an arbitrator within said six(6)weekday period,
the parties shall immediately jointly request the Federal Mediation and Conciliation
Service to submit a panel of five (5) arbitrators. Both the City and the Union shall have
the right to strike two (2) names from the panel. The party requesting arbitration shall
strike the first two names; and the other party shall then strike two names. The remaining
person shall be the arbitrator. The arbitrator shall be notified of his/her selection within six
(6) weekdays by a joint letter from the City and the Union requesting that he set a time
and place for the hearing, subject to the availability of the City and Union representatives.
3.6 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 Union, 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/her decision within thirty (30) days following 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 such limitation. The decision shall be
based solely upon his/her 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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IAFF Proposal — renumbered & combined (v20)
3.7 Expenses. AD costs of arbitration, including the arbitrator's fees and expenses,
shall be divided equally between the City and the Union provided, however, that each
party shall be responsible for compensating its own representatives or witnesses. Either
party desiring a copy of the transcript shall bear the cost of same.
3_8 Processing Grievance. All grievance discussions and investigations shall take
place in a manner which does not interfere with the operation of the Fire Department.Any
time spent by the Grievance Committee of the Union in discussions or processing
grievances at Step 1, 2 or 3 during their working hours, shall not result in loss of earnings
or benefits.
3_9 Suspensions. Reductions in Pay or Class, or Removal.Any dispute concerning
an employee who has completed his/her probationary period, and who is suspended,
reduced in pay, or classification, or removed, shall be processed through the Hearing
Examiner procedure governing such appeals, or under this contractual grievance
procedure upon the election of the employee within ten (10) days of the event giving rise
to the dispute. An election of one procedure shall foreclose any resort to the other
procedure. If the employee electsto utilize this contractual grievance procedure, it shall
commence at Step 3.
3.10 Probationary Period. Nothing herein shall in any way affect the discretion
presently accorded the Fire 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 Fire Chiefs discretion in this regard
shall not in any way be subject to the grievance procedure set forth herein. Newly hired
employees shall be in probationary status for the duration of their department sponsored
training period, in addition to twelve (12) months thereafter. New employees in
probationary status have no right to utilize the grievance procedure for any matter
concerning dismissal, suspension or other discipline during such period.
3.11 Union Grievance Committee. The Union shall appoint a Grievance Committee of
not more than three (3) members, and shall notify in writing the Fire Chief and the City
Manager's designee for Labor Relations of the name or names of the employee or
employees serving on his committee, and of any changes in the members of the
committee. The members of this committee may not conduct any investigation while on
duty without receiving the permission of the Fire Chief; however, such permission shall
not unreasonably be withheld.
3.12 Waiver of Time Limitations. The parties may mutually agree in writing to extend
any of the time limitations set forth above for the processing ofgrievances.
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IAFF Proposal — renumbered & combined ( 2O)
ARTICLE 6
GENERAL PROVISIONS
6.1 No Discrimination. In accordance with applicable federal, state, and local law,
the City and the Union agree not to discriminate against any employee on the basis of
any protected classification.
6_2 Union Activity. The City and the Union agree not to interfere with the right of
employees to become or not to become members of the Union, and further, that there
shall be no discrimination or coercion against any employee because of Union
membership or non- membership. It is understood that the Union specifically retains any
rights it has arising out of Chapter 447, Florida Statutes, with regard to its representational
activities.
6_3 Seniority List. The City shall, on March 1st of each year, prepare a seniority list
by time in rank or grade of all employees covered by this Agreement and immediately
thereafter post such list in each fire station. Such seniority list shall stand as posted unless
an objection is reported to the Fire Chief within forty (40) calendar days afterposting.
6.4 Relief at Fire. In the event of a fire or fires, or other emergencies requiring
employees to work longer than their regular tour of duty, the officer in charge shall attempt
to relieve these employees by the oncoming tour as soon asfeasible.
6_5 Exchange of Time. The Fire Chief, or designee may grant a request of any two
(2) employees to exchange shifts if the City will not incur any overtime costs as a result
thereof.
666 Protection of City Property and Eauipment. It shall be the responsibility of any
employee having custody of any equipment and property to see that it is properly cared
for, kept clean, and returned to its place of storage. The City agrees to provide designated
areas for the storage of bunker gear.
6.7 Uniforms. The City agrees to provide the following uniforms annually as its
expense for the employees covered by this Agreement:
For Combat Division: one (1) dress uniform; three (3) sets of work
uniforms; one (1) pair footwear (dress shoes, or boots; employee's
choice); two (2)jumpsuits; one (1) work belt; four (4) t-shirts.
For Rescue Division: one dress uniform; three (3) jumpsuits; two (2) sets
of work uniforms; one (1) pair of footwear(dress shoes, boots; employee's
choice); one (1) work belt; four (4)t-shirts.
For both Divisions: every three (3) years the City shall provide a winter
jacket and raincoat.
Page 801 of 1102
TAFF Proposal -- renumbered & combined (v20)
The City shall supply one (1) radio holster per radio and shall replace on
an as needed basis.
All employees assigned to the marine division shall be issued three (3)
pairs of boating shorts, three (3) long sleeves marine shirts, three (3) short
sleeve marine shirts, and one (1) pair of boating shoes on an annual basis.
All employees working on day shift shall receive a combination of uniforms
as selected by the employee not to exceed the value provide to that of a
Rescue Division employee.
All uniformed employees covered by this agreement shall receive $85.00
per month for uniform cleaning and maintenance.
6_8 Meetings between Parties, At the reasonable request of either party, the Union
President, or his/her representative, and the City Manager, or his/her designee for Labor
Relations, shall meet at a mutually agreed to time and place to discuss matters of mutual
concern.
6_9 Union Time Bank. The IAFF and its designees or other members of the Executive
board as determined by the President, shall have the right to conduct union business
(under the conditions described in this Section), through the use of a time bank. For each
fiscal year, the union time bank shall be 750 hours with the Union President detached. If
the Union President elects not to be full time detached then the Union time bank will be
3,246 hours total, covering the contract period October 1, through September30.
The Union President shall be assigned to the Support Services Division (1240). Once in
any twelve (12) month period, the Union President may elect a day or shift assignment,
while detached or not detached. On an annual basis he or she shall make an election to
either: (1) be detached full time; or (2) not to be detached and may bid an assignment
according to seniority. The Union President shall not be counted against minimum staffing
for staffing purposes. In addition, for promotional purposes the Union President shall not
be counted against the Table of Organization. Unused Union time bank hours, not more
than a maximum of 750 hours, shall be rolled over from one contract year to the next. Use
of the time bank shall be limited to the IAFF Executive Board (any exceptions tothis may
be granted by the Fire Chief or his/her designee provided that the request shall not be
unreasonably denied). No more than two(2)employees per shift may be granted union time
bank leave at any one time. The President of the IAFF shall provide a minimum of twenty-
four (24) hours' notice to the Fire Chief for any leave to be granted. Time for attendance
at negotiations for a successor agreement is addressed in Article 7.13 ofthis Agreement.
In addition, administrative time which has been provided in the past (as determined by
the Fire Chief), to the President, other members of the Executive Board or other IAFF
members, shall te-be provided for attendance at two(2) mutually agreed upon conferences
each year of this agreement and such events shall not be included in the union leave time
bank. All other union convention time other than these two conferences shall be part of
the union time bank.
Page 802 of 1102
IAFF Proposal — renumbered & combined ( 20)
6.10 Line of Duty Injuries. The City agrees that the program for payment of medical
and hospitalization expenses incurred as a result of injuries in the line of duty, which is
currently in effect as set forth in Section 6.15 of this agreement shall becontinued.
6.11 Change in Shifts The City agrees to give employees covered by this Agreement
notice prior to any mandatory change in shifts, such notice to be at least fifteen (15)
calendar days prior to the change unless circumstances do notpermit.
6.12 Fire and Rescue Off Duty Services, It is recognized that members of the
bargaining unit are offered the opportunity from time to time to perform services utilizing
their expertise and training for the benefit of private persons or entities, or public
organizations or entities other than the City of Miami Beach. In such cases, the rate for
1 the performance of these off-duty jobs shall be at an un+fe --hourly rate established by
the Fire Chief in consultation with the President of the Union. The parties recognize and
agree that the performance of these off-duty jobs or details do not constitute employment
by the City of Miami Beach and that payment for these services will be made by and is
the responsibility of, the other employer. Performance of this work shall be on a voluntary
basis and there shall be lists of persons who wish to volunteer established on a basis
which is mutually agreeable to the Chief and the President of the Union.
Pay for off-duty services is pensionable subject to the cap provisions set forth in Section
7.24. Off-duty hours worked do not count as hours worked for purposes of computing
overtime.
6.13 Promotional Examinations and Appointments.
a) The current Lieutenant and Captain Lists expiring on 02/29/2020 shall be extended
to 02/28/2021 (the new list will become effective on 03/01/2021). In the event that
a vacancy should occur prior to 2/28/2021, for the position of Captain, the parties
agree to allow the Fire Chief to appoint an acting Captain until the testing process
is completed.
b) Effective 03/01/2021, all A-promotional lists shall remain active for a period of this
(30)-thirty-six (36) months from the effective date of each list. Promotional
examinations for the position of Fire Captain and Fire Lieutenant will be given at
least once every thirty (30) thirty-six (36) months, in such fashion as to provide
continuously active promotional lists. The City agrees to begin the process no later
than nine (9) months prior to expiration of the lists. In the event that a promotional
examination is delayed, the eligible candidate for that examination shall be those
candidates who would have been eligible had the examination been administered
in proper sequence. The promotional list developed from a delayed promotional
examination shall be retroactive to the date of the expiration of the previous
promotional list and shall expire thirty (30) thirty-six (36) months from the
retroactive effective date.
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IAFF Proposal -- renumbered & combined ( 2O)
c) When a vacancy exists in a promotional position, it shall be filled from the next
eligible candidate on the current promotional list. The individual promoted shall be
paid retroactively to the date of the creation of the vacancy and given a seniority
date retroactive to that date. In the absence of an active promotional list, if there is
a budgeted promotional vacancy that the City intends to fill, the City will temporarily
fill the budgeted vacancy through temporary assignments. Personnel used to fill
budgeted vacancies through temporary appointments shall be selected from the
expired promotional list, shall be assigned for a period not to exceed ninety (90)
days, and shall receive all appropriate wages and benefits afforded the position for
the duration of their temporary assignment. Except in cases of exigent
circumstances (i.e. hurricanes or other acts of God and delay of process by other
parties), where it is clear that through no fault of its own the City fails to provide a
promotional examination and eligibility list at the time of expiration of the prior list,
any promotional appointments to vacancies created during the period when no
eligibility list existed shall be retroactive back to the date of the vacancy. The City
shall provide retroactive compensation and seniority to those individuals who are
so appointed. However, in cases where a vacancy occurs and the current eligibility
list has been exhausted with no eligible candidates remaining to be appointed to a
vacancy, the promotion, compensation and seniority of an eligible candidate off the
new promotional list shall be retroactive back to the first day following the expiration
of the previous list, subject to the conditions above.
d) A'list of authoritative sources from which technical knowledge for the behavioral
assessment component and the written test questions will be compiled by a Book
Committee consisting of the Human Resources Director, Fire Chief, the Union
President and the test developer or their designees, along with two incumbents,
one designated by the Fire Chief and one designated by the union president.
Without exception, no member of the Book Committee shall be a candidate for the
promotional examination for which the list is compiled. These committee members
will be responsible for the authoritative sources for Fire Lieutenant and Fire Captain
promotional processes. It is the intent of the City and Union that all sections of the
promotional processes will be complete with standing lists ready to post upon
expiration of the current thirty (30) month lists. At least ninety (90) days prior to the
scheduled date of the written promotional examination; a final notice will be posted
containing a list of authoritative sources from which the technical knowledge, for
the behavioral assessment component and the written test questions will be drawn.
The technical knowledge for the behavioral assessment component shall be based
on written standard operating procedures (SOP)/ standard operating guidelines
(SOG) that are job related and rank specific selected by the established Book
Committee and/or agreed upon authoritativesources.
e) Candidates meeting the time in grade service requirements on the date the register
expires are eligible to apply to take the promotional examination for their next
higher rank. All Firefighters who, on the date the register expires, have five (5)
years of seniority from their date of appointment to Firefighter, are State certified
paramedics, and are State certified Fire Officer I, State Certified Fire Inspector I,
have submitted a valid pump operator state certification to the training division at
Page 804 of 1102
TAFF Proposal — renumbered & combined (v20)
least twenty-four(24) months prior to the effective date of promotional list(provided
that on a one-time basis, for the upcoming promotional process, this twenty-four
(24) month requirement will be reduced to twelve (12) months prior to the list
effective date of 3/1/2021);.
or,
have four (4) years seniority from their date of appointment to firefighter with all
above requirements and one of the following: a Bachelor's degree in Public
Administration, or Emergency Medical Service (EMS), or Fire Science (FS), or
Master's Degree in Public Administration, or Emergency Medical Service (EMS)
Administration/Management, or Fire Science(FS)Administration/Management), or
Masters in Business Administration (MBA) and have performance evaluations of
satisfactory or above for the preceding twenty-four (24) month period prior to the
expiration of the current list, shall be eligible to take the Fire. Lieutenant'stest.
All Fire Lieutenants who on the date the register expires have three (3) years from
their date of appointment as Fire Lieutenant and nine (9) years seniority from date
of appointment as Firefighter (or eight (8) years from date of appointment as
Firefighter with a Master's degree in Public Administration, or Emergency Medical
Service (EMS) Administration/Management or Fire Science (FS)
Administration/Management, or Masters of Business Administration (MBA) are
State Certified Fire Inspector I and are State Certified Fire Officer II, with one (1)
-- - - -• and have performance evaluations of satisfactory or
above for the preceding twenty-four (24) month period shall be eligible to take the
Fire Captain's test. - - - - - • : - - . • _ - ---- - _ _ - -- - --
minimum may be reduced to noaecs than seven (7) years seniority plus one (1}
For the Fire Captain and Fire Lieutenant promotional process, an Associate's
degree or equivalent a Master's degree in Fire Science
Administration/Management, or Emergency Medical Service (EMS)
Administration/Management or Fife/Business/Public Administration, or Masters of
Business Administration (MBA) e ._ . _- • _ -•-- - - - - - - _ .
Statutes section 633.382) will be acceptable and may substitute for one (1) year of
time-in-rank an4 or seniority in the department. e - - c "- -• - c- ,
a - - - - - - - - . - - - - - - - - , _ - • ."
-- - - : . _- . ', e- .- •--- : • . _ - .c•e. . . All
applicants must have a valid Florida driver license. Applicants must, in all cases,
apply on or before the application cutoff date and time in accordance with
Personnel Rules.
f) There shall be at least two (2) post-test review/scoring sessions conducted on
separate days and occurring within fourteen (14) calendar days of the
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IAFF Proposal.— renumbered & combined (v20)
administration of the written examination. Each examinee will review their results
when off duty and will be able to review a copy of his own answer sheet and the
scoring key (for use only during the review session) containing the correct
response, the name of the reading source and the location from which each test
question was drawn. Challenges will be written and submitted to the test developer
during the post-test review sessions. The test developer, the City's Manager's
designee for Human Resources and the Union President or his designee shall
conclusively decide all challenges by a majority vote.
Upon completion of the determination of a score for the behavioral assessment
component of the examination, each examinee shall be furnished with their result.
Each examinee may review hisbehavioral assessment component of the
examination at a post-test review session for a time period of twice the duration of
the behavioral assessment component of the examination. Each examinee will
review their results when off duty. Challenges regarding the behavioral
assessment component must be me in writing and submitted to the test developer
either during the post-test review session, or at an optional challenge session
scheduled within ninety-six (96) hours of the post-test review session. There will
be no review of the behavioral assessment component during the optional
challenge session. However, an applicant can review their individual behavioral
assessment component during the post-test review and submit challenges during
the optional session. Applicants may not take any written notes or test materials
from the post test review. The test developer, the City Manager's designee for
Human Resources and the Union President or his designee 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 optional challengesession.
g) For written promotional examinations for Fire Lieutenant, and Fire Captain, the raw
passing score will be seventy percent (70%) after all challenges have been
resolved by the test developer. Assessment components will be used for
promotions to Fire Lieutenant and Fire Captain. The passing score for the
assessment component shall be seventy percent (70%) after all challengesare
resolved by the test developer. After consultation with the Union President, the City
will select an independent, qualified service provider to furnish and administer
validated behavioral assessment components that are mutually agreeable to the
parties. The City will offer behavioral assessment component preparation,
orientation, and overview to all qualified applicants. The written examination given
for Fire Lieutenant and Fire Captain will constitute sixty fifty-percent (60 50%) and
the behavioral assessment components will constitute forty fifty percent (40 50%)
of the examinee's combined score. Promotional test results will be expressed as
percentage points. For Fire Lieutenant and Fire Captain promotional processes,
seniority and education percentage points, in accordance with the following
specifications, will then 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
Page 806 of 1102
IAFF Proposal — renumbered & combined NOS
percentages points in accordance with state law).
Fire Lieutenant/Fire Captain:
(Written Examination Raw Score *0.5960) + (Behavioral Assessment Component
Score *0.5040) + Education points + Seniority points + Veterans Preference Points =
Final Score.
PROMOTIONAL CREDIT
Promotional credit shall be limited to a maximum value of eight(8)ten (10) points, divided
between two (2) components—seniority and education.
Seniority
Seniority shall be determined using the following formula:
Lieutenant: LS X 0.4650= S(years 5-15)
Captain: LS X 0.3050 = S (years 10-20).
LS shall be defined as length of service in the classification of Firefighter with the Miami
Beach Fire Department. S shall be defined as Seniority and shall be given a maximum
value of 4.-65.0 points. Education shall be given a maximum value of 3:45.0 points.
Education
Education shall be determined using the following formula:
• Associate degree (except as specified below) (max 1.2)
• A - e - -- - - "- ' - •- -• . .e .,
as specified below) (max 1.8)
EMS or FS or any Master degree (max 2.4)
• Lieutenant test only: Fire Officer I(State certified) (max 1.0)
• Captain test only: Fire Officer II (State certified) (max 1.0)
• Associate degree in Public Administration,
Emergency Medical Service (EMS) or Fire
Science (FS) or any Bachelor degree
(except as specified below) (max 1.0)
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• Bachelor degree in Public Administration,
Emergency Medical Service (EMS)or
Fire Science (FS) or any Master degree (max 3.0)
• Master's degree in Public Administration,
Emergency Medical Service (EMS)
Administration/Management or Fire Science (FS)
Administration/Management, or Masters of Business
Administration (MBA) (max 5.0)
College credit hours shall be credit hours documented by transcript or other acceptable
evidence from an accredited college or university. Associate degree in Fire Science(FS)
or Emergency Medical Services (EMS) shall be a degree received from an accredited
college or university with supporting transcript or other acceptable evidence. Bachelor
degree in Fire Science (FS), Emergency Medical Services (EMS) or Public Administration
shall be a degree received from an accredited college or university with supporting
transcript or other acceptable evidence. Master's degree in Fire Science (FS)
Administration/Management, Emergency Medical Service (EMS)
Administration/Management or Public Administration, or Masters of Business
Administration (MBA) shall be a degree received from an accredited college or university
with supporting transcript or other acceptable evidence.
Only one degree, - -- .._ _ _ . - e _- -• : , shall count toward educational credit.
In order to accurately reflect promotional points for all documents submitted, the City will
assign mandatory individual appointments for each promotional applicant for document
submission and review. The deadline for submission for all documents required to
substantiate the educational promotional credit will be 5:00 p.m. fourteen (14) calendar
days after the pass/fail notification is provided by Human Resources to Fire
Administration. All applicants must be present during the entire document review process
to confirm documents and answer questions. Applicants must submit the Promotional
Credit Formula (above)for each document that they would like considered. Stapled to the
back of each Promotional Credit Formula must be an original or certified copy of each
document the candidate would like considered. Each attachment must indicate the
number of college credits the course is worth. The applicant may verify hours by a)
indication on a certified transcript, b) indication on the certified copy of the certificate or
c) an official letter from the institution stating the hours. If the hours are not indicated in
one of these ways, the certificate will not be included for any point calculation. All
documents must also include the course title, and the date the course was completed.
Education crcdit hours may only be counted more than once as it pertains to either time-
in-rank and or time with the department for promotional purposes.
A promotional list for each promotional process will then be created listing examinees in
descending numerical order of final score including any education, seniority or Veterans'
Preference calculations. The Fire Chief will appoint from these promotional lists. Skip-
overs may result from an examinee being rated unsatisfactory in two (2) or more
Page 808 of 1102
IAFF Proposal -- renumbered & combined (v20)
evaluations within the last twenty-four(24) months; being issued three (3) or more written
reprimands/suspensions within the last twenty-four (24) months; serving under a Last
Chance Agreement; or being physically/mentally unqualified to perform the essential
functions of the position.
•
Promotions shall be made by rank order provided that the ranking examinee's
documented performance and/or discipline history are not significantly inferior to that of
the next ranking candidate.
The IAFF 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.
The parties agree to review the formula for promotional credit and to implement such
revisions as the parties may agree upon in writing.
6.14 Light_Duty Assignments. If an employee is temporarily unable to perform the
essential functions of the employee's job classification due to a non-job related
injury/illness, he may make a written request to the Fire Chief for a light duty assignment.
The Chief shall determine if there are any necessary functions which could be preferred
by a light duty employee. If there are such opportunities, the Chief shall inform the
employee in writing of any light duty assignments and the physical capabilities required
for their performance.
The employee shall present this light duty assignment information to his/her treating
physician and obtain, at his/her expense, a written evaluation of his/her capacity to
perform the functions of the assignment. The medical evaluation must be in sufficient
detail to satisfy the Chief. The Chief reserves the right to a second opinion from a City-
appointed physician. The establishment, duration, work hours, and content of light duty
assignments are at the sole discretion of the Fire Chief and may be modified or ended at
any time.
6.15 Injury 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/her regular rate of pay for any time lost from work due to a
service-connected injury. "Service-connected injuries" shall be defined as injuries
sustained under the following circumstances:
a) while on duty and entitled to be paid by the City;or
b) while reasonably exercising Firefighter functions within the City limits of Miami
Beach while off duty; or while working a departmentally sanctioned off-duty job;
or
c) while exercising Firefighter functions when there is a physical danger to a
person and the employee takes reasonable action off duty in Miami Dade
County, Monroe County, Broward County, or Palm Beach County, excluding
any injury incurred while performing duties as a member of any other fire or
Page 809 of 1102
IAFF Proposal — renumbered & combined (v.20)
emergency service; 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;or
e) while participating in organized fire service training that is approved in writing
by the Fire Chief after consultation with the City Manager's designee for Risk
Management.
In the circumstances described above (sub-paragraphs a through e), 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 Fire Chief and the IAFF President, the City
Manager, at his/her 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. The
Union and the City agree to meet to discuss options and alternatives to the current ISC
practices to cure abuses (if found), and ensure streamlined and efficient provision,
administration, and use of ISC.
After an employee exhausts his/her benefits under this article and is receiving workers'
.compensation checks, the City shall access the employee's leave accruals to keep
him/her whole. Deductions for benefits such as health and dental insurance coverage and
pension contributions will be made from the value of the accrued leave. Once an
employee runs out of leave accruals and is still unable to return to work, the employee
has an affirmative responsibility to contact the Human Resources Department, Benefits
Division, to make benefit payment arrangements. Employees will be given one month's
grace period after which coverage shall be cancelled.
6.16 Jury Duty. Bargaining unit personnel who are summoned to jury duty shall be
covered by the following:
a) Personnel who are released from jury duty and who are not require to return
for jury duty the following day will be required to report to work and complete
the remainder of their assigned tour ofduty.
b) Personnel who are required to return to a jury pool or to jury duty on the date
following their scheduled shift will be allowed to take off the second half of their
assigned shift (8:00 p.m. to 8:00 a.m.) without being charged to annual leave
or sick leave time. If the employee is released from jury duty before 5:00 p.m.,
he/she is required to return to his/her regularly scheduled shift.
6.17 Reduction in Work Force. For the term of this Agreement, there shall be no
layoffs or demotions of bargaining unit members except for disciplinary demotions,
suspensions, or terminations, which are not included for the purposes of no layoffs or
demotions.
6.18 Infectious Disease Presumption. Any condition or impairment of health caused
by Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS),
Page 810 of 1102
IAFF Proposal — renumbered & combined (v20)
Hepatitis, Pulmonary Tuberculosis or Meningococcal Meningitis shall be presumed to
have been accidental and to have been suffered in the line of duty unless the contrary be
shown by competent evidence. The City will maintain a confidential list of employees who
have taken the required medical examinations. Employees will be added to the City's
confidential list subject to the following conditions:
a) New hires shall acquire the presumption entitlement after completing a pre-
employment or post conditional offer of employment medical exam that tests
for and fails to reveal any evidence of AIDS, Hepatitis, Pulmonary Tuberculosis,
or Meningococcal Meningitis.
b) Employees who refuse to take the pre-employment or post-offer testing related
to presumptions mentioned in this Section shall not be eligible for the
presumptions.
6.19 Seniority Bid System. It is understood by the parties that the current bid system
in effect at the ratification of this agreement shall remain in effect. Any change to the bid
system will be agreed upon through the Labor Managementprocess.
6.20 Minimum Staffing. It is agreed that the staffing of the Department shall be in
accordance with the minimum staffing ordinance of the City which may be amended from
time to time in the City's discretion, subject to the Union's right to request impact
bargaining as provided under Article 13 of this agreement.
6.21 Disclosure of Records. Employees will not have information contained within any
of their files disclosed to persons other than the City's managerial and supervisor'r
employees except as provided by law.
6.22 Defense of Members—in the event any action for civil damages is brought against
a member of the bargaining unit hereunder individually, the City shall provide for the legal
defense of the member and shall pay any resulting judgment against the member if
authorized by Florida law.
Page 811 of 1102
IAFF Proposal — renumbered & combined (v219
ARTICLE 7
WAGES AND FRINGE BENEFITS
7,_1 Wage Increases.
•
a) Effective with the first pay period ending in April of 2016 October of 2018, there
shall be an across-the- board wage increase of one—zero percent(04-%).
b) Effective with the first pay period ending in . - _ 9 _ ::- ! ! April 1,
2020, there shall be an across-the- board wage increase of three one percent (3
1%).
c) Effective with the first pay period ending in July of 2018 October of 2020 April
1,2021, there shall be an across-the- board wage increase of three one percent (3
%).
d) Merit and longevity increases shall become effective on the payroll period
commencing nearest the effective date, provided that the employee's performance
has been rated as satisfactory for the prior year.
7.22 Suppression Division. There shall be one additional Firefighter (DE-
driver/engineer), certified as an Air Room Technician per twenty-four (24) hour
shift, for a total of three (3) employees. Each one of the three (3) twenty-four
(24) hour shift employees shall be assigned to the Support Services Division
(1240), and also be entitled to the five percent(5%) driver/engineer incentive pay.
7_3 Assignment Pay. Any employee assigned outside of 1210 (Suppression Division)
will receive 10% assignment pay.
Ti 4;e-011 hlr e• ;e• e •• e- e. *e. . -e. _- - _ .enants
- ..'• - '- - ' ' - •-
-ceivc five percent
-°•' - -
7_4 Paramedic and EMT Pay. Employees who hold a Paramedic certificate shall
receive a ten percent (10%) supplemental calculated on their base pay. An
additional 4% shall be added to this supplement for a total of 14% and shall be
phased in as follows: additional 2% effective the first pay period ending in April
2019: and an additional 2% effective the first pay period ending in April 2020.
Employees who hold an EMT certification shall receive a one-and-one-half
percent (1.5%) supplemental calculated on their base pay. Employees shall not
receive pay supplements for both EMT and Paramedic certifications.
7.5 Certification Pay. In addition to "assignment pay" stated in Section 7.3, and
paramedic/EMT pay stated in Section 7.4, the following divisions will provide
certification pay:
Page 812 of 1102
IAFF Proposal -- renumbered & combined (v )
a) Fire Prevention Division:
1) Employee shall receive an additional five percent (5%) supplement upon
receipt of a State Fire Inspector Certificate and shall continue to receive
such supplement until the Certificate expires, regardless of his/her
divisional assignments. Employees shall remain solely responsible for
maintaining a State Fire Inspector Certificate, unless assigned to the
Division. Such costs involved in maintaining a State Fire Inspector
Certificate shall remain the responsibility of the employee.
2) In order to bid into the Fire Prevention Bureau, employee must possess a
current State Fire Inspector certification.
b) Support Services Division: Employees shall receive an additional two and
one-half percent (2'/2%) supplement upon receipt of a State Fire Instructor
Certificate and shall continue to receive such supplement until the Certificate
expires, regardless of his/her divisional assignment. Employees shall remain
solely responsible for obtaining and maintaining a State Fire Instructor
Certificate, unless assigned to the Division. Such costs involved in obtaining
and/or maintaining a State Fire Instructor Certificate shall remain responsibility
of the employee.
7_6 Paramedic Training.
For the purpose of this program, the fo - :- z- -- . - _•-- •e - -
• e• = - - ' '= . Seniority in rank will be the initial factor used to
determine selection of students that will be allowed to apply to Miami-Dade College or
other designated educational institution for acceptance into their paramedic program. The
department will allow a minimum of two (2) bargaining unit personnel to enroll in the
program each year. However, this number may be increased at the sole discretion of the
Fire Chief, based upon staffing requirements, budget, class availability, etc. The Fire Chief
will also determine the appropriate number of bargaining unit employees within each rank
that will be considered for enrollment. The City will pay for the paramedic course, lab fees,
required textbooks, and related medical exam and vaccinations.
Prior to the beginning of the school semester, bargaining unit personnel who have been
accepted into the program will be transferred to a shift that allows them the opportunity to
attend required classes on duty. This attendance will be governed by policies developed
by the Fire Chief, including but not limited to, dress code, travel time, schedules, etc. The
Fire Department shall not be responsible for additional on-duty time or expenses for
bargaining unit personnel who are required to repeat portions of the paramedic course for
graduation.
Bargaining unit personnel eligible for participation in this program will be allowed to submit
a written request for a one-time deferment upon notification by the Fire Chief that they
are being processed for the next available class. Any requests for deferment must be
directed to and received by the Fire Chief within fifteen (15) days from the date of
notification to ensure that there will be an adequate number of students available for entry
into this program.
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IAFF Proposal — renumbered & combined (v,u)
An employee granted a deferment will not be considered eligible for participation for a
period of one (1) year from the date of deferment, at which time he/she will be required to
make application to Miami-Dade College or other designated educational institution for
acceptance into the next available. Paramedic Training Program.
While attending paramedic school, bargaining unit personnel will not be permanently
assigned to any division that would require payment above base salary. For example,
personnel will not be permanently assigned to the Fire Rescue Division, Fire Prevention
Division, or the Support Services Division. However, they may be assigned temporarily
as the need arises.
7.7 Driver Incentive Pay:
a) In order to be eligible for the Driver Engineer incentive pay, a Firefighter shall
successfully complete Fire Apparatus/Equipment and Fire
Hydraulics/Equipment courses or similar curriculum. Those Firefighter
employees who meet these qualifications and are assigned to the Suppression
Division (1210) as a Driver Engineer who bid into the Driver Engineer
assignment pursuant to the annual bid process shall receive a five percent(5%)
Driver Engineer incentive pay.
b) Effective September 30, 2012, aAny Firefighter assigned to the Rescue
Division (1220) shall receive a three five percent (25%) driver incentive pay.
7.8 Work 0 t of Classification. When the City assigns a Firefighter, Lieutenant, or
Captain to work in a higher position for more than one hour, he/she shall receive
an increase of the-three dollars ($23.00) per hour for all hours during which the
assignment continues on that shift. • - - ' - e - _ _- , = -- _ _ . - --
•-
After the implementation set forth in Section 6.21, no Firefighter shall be assigned to work
out of class as a Fire Lieutenant on a Combat Unit unless he/she is on an active Fire
Lieutenant promotional list. A Firefighter may be assigned to work out of class as a Fire
Rescue Lieutenant provided that any Firefighter on an active Fire Lieutenant promotional
list has the right of first refusal.
After the implementation set forth in Section 6.21, no Firefighter shall be assigned to work
out of class as a Driver Engineer unless he/she meets the qualifications set forth in 7.7
(a).
No probationary employee shall be assigned to work out of classification.
7`9 Overtime. Any member of the bargaining unit required to perform work outside of
his/her normal shift shall receive pay at time-and-one-half their current hourly rate, except
as follows. 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
Page 814 of 1102
IAFF Proposal — renumbered & combined (v (1)
period shall consist of ninety-six (96) hours in a fourteen (14) day period for employees
assigned to work twenty-four hour shifts, and eighty (80) hours in a fourteen (14) day
period for employees assigned to work eight (8) or ten (10) hour shifts. Hours worked in
excess of the ninety-six (96) or eighty (80) hour biweekly work period, depending on shift
assignment, shall be compensated at the rate of one and one-half times the employee's
regular rate of pay. Sick leave, excluding sick leave taken under the Family and Medical
Leave Act (FMLA), 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 (regular or overtime pay) shall be subject to the
overtime provisions set forth herein, and shall count as hours worked for the purposes of
overtime calculation. Hours worked on an off-duty detail (non-overtime, detail pay, e.g., a
detail sponsored by a third party) are not subject to the overtime provisions herein, and
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 overtimecalculation.
If an employee is forced to stay beyond the hours of his/her regular shift, such additional
hours shall be paid at double the regular rate of pay.
Hourly rates shall be determined using the definitions in Article 7.16, Hours of Work. Upon
implementation of the new average pay period provision for 24-hour shift, personnel, all
vacation and sick leave accrual rates and existing accrued amounts for 24-hour shift
personnel shall be revised to reflect this change (i.e. 1.5 hours for each hour).
The Fire Chief will make available to the International Association of Fire Fighters, Local
1510 (IAFF) a report or the database of the overtime worked by the bargaining unit
members. Such information will be furnished to the IAFF on an as needed basis.
7.10 Call-in Guarantee. A member of the bargaining unit who is called in to work
outside of his/her normal shift will be guaranteed four (4) hours of pay to be computed at
the rate of time- and-one-half, except when contiguous to the employee's regular
schedule. If a call-in occurs on a holiday, the member will receive holiday pay for the four
(4) hour guarantee and all additional hours worked on the holiday. If an employee does
not perform available work as assigned, he shall not be entitled to any pay. This section
is subject to the provisions set forth in Section 7.9, Overtime.
7.11 Holidays. The following holidays shall be granted to all members of the bargaining
unit accordingly:
Holidays Designated Date
New Year's Day January 1St
Martin Luther King, Jr. Day 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day — 1st Monday in September
Page 815 of 1102
IAFF Proposal — renumbered & combined oc_n
Veteran's Day November 11th
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving 4th Friday in November
Christmas December 25th
Employee's Birthday*
Three (3) Floating Holidays**
* Birthday shall be twenty-four (24) hours for 24-hour shift employees and eight (8) or ten
(10) hours for 8/10-hour shift employees.
** Three (3) floating holidays of ten (10) hours or eight (8) hours for 8/10-hour shift
employees, and two (2) 24-hour floating holidays for 24-hour shift employees. Effective
upon ratification of this Agreement, 24-hour shift employees shall receive three (3) 24-
hour floating holidays.
a) Floating holidays are to be selected by the employee, subject to the Fire Chief
or designee's approval, during each 26 pay period year.
b) Bargaining unit members shall be eligible to use Floating Holidays and
Employee Birthday after six(6)months of continuous employment with the City.
c) 8/10-hour shift employees get the same holidays as other City Employees.
d) Bargaining unit members shall receive holiday pay (double time) for all hours
worked on holidays. Double time pay does not apply to 24-hour shift
employees, except when working overtime on a Holiday.
e) All twenty-four (24) hour shift employee on any City recognized holiday will
have the option of an alternate holiday of twelve (12) hours at the employee's
regular straight time rate of pay, to be used within twelve (12) months of the
holiday, or receive pay for the twelve (12) hours at the employee's regular
straight time rate of pay. An employee choosing art alternative holiday must
make their choice as to receiving an alternate holiday on or before 12/31, 3/31,
6/30 or 9/30 for the forthcoming quarter. Failure to timely make this,selection
by any of the quarterly deadlines shall be construed as an election of pay.
4 f)Beginninq on September 30, 2019, all 24-hour shift personnel shall have an
option of an annual one-time lump sum payout for all city recognized holiday
pay accrued throughout the year. Said employee must make election on payout
on or before September 30th for the following year's holidays, to be paid out on
the last payroll period ending September of the following year.
e}g)_Any additional holidays so designated by official action of the City Commission
shall be added to the above list.
fjj. Twenty-four (24) hour shift personnel whose R day or regular day off falls on a
holiday will receive pay for twelve (12) hours at the employee's regular straight
time rate of pay. The shift that is ending at, 8 a.m. on the holiday and the shift
that starts at 8 a.m. on the holiday, shall both receive twelve (12) hours holiday
pay at the regular straight time rate of pay.
7.12 Vacation Benefits. Consistent with applicable ordinances, the vacation benefits
presently enjoyed by the employees covered by this Agreement shall continue for the
Page 816 of 1102
IAFF Proposal — renumbered & combined w.(1)
term of this Agreement.
7.13 Negotiation Pay. The Union's Negotiation Committee shall be composed of not
more than five (5) members of the bargaining unit selected by the. Union. Four (4)
committee members, not more than two (2) of whom are on the same tour of duty, shall
be allowed time off with pay to participate in any negotiations conducted pursuant to
Chapter 447 of the Florida Statutes on any day or days on which negotiations are held
during their regularly scheduled tour of duty.
Employees shall not be paid for time spent in negotiations on off-duty days. The Union
shall notify in writing the Fire Chief and the City Manager's designee for Labor Relations
of the names of the members of the Negotiations Committee and of any changes in the
members of said Committee.
7.14 Sick and Vacation Leave Accrual and Maximum Payment of Termination. All
employees covered by this Agreement shall, under applicable ordinances, rules and
regulations, be allowed no accumulation of vacation leave, except in accordance with
provision for postponement of vacation leave as set forth in Article 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. The Must Use Cap on vacation accrual is 460500 hours (680750 for 24-hour
shift employees). Employees shall be permitted to carry hours over the cap until March
31st of the following year.
Employees shall be entitled to schedule and use at least one year's worth of their annual
leave per year, if they participate in the Fire Department's vacation leave application
process in a timely manner.
• -- - ' - -- =- :- .-: - • -_ • e- - = :: The maximum amount of
accrued, combined sick and vacation leave paid upon retirement, termination or death
shall not exceed 820 hours for non-shift personnel and shall not exceed 1,230 hours for
24-hour day shift personnel.
The value of the combined accumulated sick leave hours and vacation hours upon
termination, retirement or death shall be one hundred percent (100%), up to the
maximum as stated above.
7.15 Sick Leave Sell Back Program. An annual sick leave sell back program, payable
on a dollar for dollar basis, shall be implemented as stated in this section. 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
Page 817 of 1102
IAFF Proposal— renumbered & combined
October 1, 2016, Employees with less than fifteen (15) years of service, may sell back up
to ninety-six (96) hours (non-shift employees), and one hundred forty-four (144) hours
(shift employees). Employees who have completed twenty-fifteen (2015) years of service
or more, before the start of the applicable sell back period, may sell back up to 136 hours
(non-shift employees) or 204 hours (shift employees), 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 measured; and (2) Maintain at least four hundred (400) hours of combined
accumulated sick and vacation leave, after each sell back date, for shift personnel, and
three hundred (300) hours for non-shift personnel. Employees who have completed five
(5) years of service or less, before the start of the applicable sell back period, must
maintain at least three hundred (300) hours of combined accumulated sick and vacation
leave, after each sell back date, for shift personnel, and two hundred (200) hours for non-
shift personnel. The sick leave hours sold back as part of this program cannot cause the
employee's accumulated sick and vacation leave to descend below the aforementioned
minimum established thresholds.
7.16 Hours of Work.
a. The average pay period for twenty-four (24) hour shift personnel covered by
this agreement will be 96 hours in a 14 day period and the three (3) shift(A,B,C)
schedule of twenty four (24) hours on duty and forty eight (48) hours off duty
shall continue for the duration of this agreement. Every seventh shift, currently
known as an R-day, shall be a day off so as to comply with the average pay
period described above.
b. The average pay period for 8/10-hour shift personnel covered by this
agreement shall be eighty (80) hours in a fourteen (14) day period, with
scheduled shifts consisting of eight (8) ten (10) hour or ten (10) eight (8) hour
days per pay period. 8/10-hour shift personnel shall not be eligible to receive
or accrue R-days.
7.17 Health Trust Contributions:
As of January 1, 284-52019, the City's monthly contributions to the Miami Beach Local
1510 Firefighters Insurance Trust Fund (hereinafter "Trust") inclusive of dental have
been-for all bargaining unit employees shall be:
$ 585.20 :. __- •_ -_•__ •--
Emp. + 1: $1,427.02 ($1,391.45 Medical + $35.57 Dental)
Family: $1,445.37 ($1,391.15 Medical + $53.92 Dental)
Page 818 of 1102
IAFF Proposal — renumbered & combined (v,0)
Single: $ 681.72
Emp. + 1: $1.661.33
Family: $1.680.98
-- -• - -- - ! • - - • ' •-- • - - - - - _ - - - -- - -•�
'• - - - _- • � c: - }.- •ea, _ _r . - - - - - * ----
e -
- --
Future annual increases to the city monthly contributions will be made based upon the
Annual Segal Health Plan Cost Trend Survey for Open Access PPOs/POS Plans. The
increases shall be effective January 1 of each year beginning January 1, 2020, In no
event shall the city monthly contributions be less than the prior year, even if the trend
rate is negative.
If the City's actual monthly contribution exceeds the TRUST'S monthly premium
•• - - • ' - - - -- - ma- - _ --• . - __ -- - - _ -- ' - - - - - --a--
•
r - - _ _ - -- -•• - •• - - - - - •-- - - - ----
1) City's monthly contribution for calendar year 2006 -$100,000/month.
- -- •- - •- • - -- - - - !! — !z,!!!. !!_ - -
- - _ .o,
less than #2).
'1) Therefore, the City overpaid the Trust by $1,049.50 each month, which means the
e _ - - - • - - - --• - •• !, .J • ! .- - - • - - •
5) The City's straight line average for 2008 has been set at6%.
Page 819 of 1102
IAFF Proposal — renumbered & combined (,,.;,)
-- . . _ • --2 _ _ - -2... - - -- - -- _ .-_ •: __ -
base premium for 20(17
- r o,zcv'+-
•
•
- - - - -, - - ' -- e- - - 19: ' - - - • •! ! ee
1) City's monthly contribution for calendar y ar 2006 -$100,000/month.
' - _2. '2 _ - • - -- - • e . 1 1 - 42,99! 1•-- - e -
_•e .
_ _ _ _o, -
4) Therefore, the Trust's premium was more than the City's actual contribution for
first premium in 20082
6) The City's straight line average for 2008 has been set at 6%.
!- ••• !! _ _0 11 —
ourrent year
vu�1\r'7TC7'CQ7-
,
2) City's monthly contribution for calendar year 2007 - $106,000 (2006 average
straight rine 6 1
'1) Therefore, the Trust's premium was equal to the City's actual contribution for 2007,
no credit is due to the City and there will be no monies deducted from the first
premium in 2008.
-- _' _ _ •- - - !!: -- -
7) The 2008 rate will then be determined asfollows:
$106,000 (2007 rate) x-6% (2008 straight line average) - $112,360
Page 820 of 1102
TAFF Proposal — renumbered & combined (v:0)
- - -- - -- - - - -- - - ' -•- _* - - - --
by the TRUST not to exceed the maximum expense to the TRUST for said benefits. If
Deadlines-
• - - -- - -- - - e-- •- ' - - - -- -
•
- - - ' - - - - - -2 - • e. .- _ ••••- - - - - - • _ - -
itio -tThe Miami Beach Local 1510 Firefighters' Insurance Trust Fund shall
provide the audited financial statements from the TRUST CPA on an annual basis
but not later than March 1St of each calendar year, - -- ' •-' :-_ _ _ _ ._
-•••- •• -- • - - - - - -- - - -- - •e - -. _ -_ -•• I I- - - - '- e - •c •---
b) The City Manager's designee for Labor Relations will provide the final renewal
new plan year.
c) The City's- designees for Labor Relations and Human Resources/Benefits
d) The City will make payments to the TRUST by the 15th of the month for the
previous month. - _ e -
• -
. . • - - _ _ -- _' _ _ __ .._ . _ _ _
- - - - • - - ••
- -- -. • . - _ _ - - - %- 99,99 .9 _
to the City.
Page 821 of 1102
IAFF Proposal — renumbered & combined
a) For all current retirees and active employees on the payroll as of July 14, 2010 the
- " - - - - - - • - - , all employees presently in the DROP as of that
date, 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 that 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 Firefighters
Plan to the extent they choose to have medical benefits provided to them and their
dependents during retirement shall receive a health insurance stipend in lieu of a
City-contribution to the Trust on behalf of those employees after their retirement.
The stipend shall be a monthly payment equal to twenty five dollar twenty nine
dollars and .77 cents ($24$29.77) per each year of service, subject to an annual
increase based on the Miami-Ft. Lauderdale all urban consumer CPI as of
September 30th of each fiscal year, to be calculated and adjusted each September
30th thereafter. The first annual CPI adjustment took effect on September 30,
2011. Upon separation of employment with the City, the individual's stipend shall
continue to be adjusted annually every September 30th thereafter. As of
September 30, 20-142018, the stipend for each year of service is $2-7,49-twenty
nine dollars and .77 cents ($29.77), which shall continue to be adjusted annually
every September 30th thereafter.
c) All members of the bargaining unit who have worked at least ninety (90) days from
date of appointment will not be covered by City-provided medical and dental
benefits and will instead be covered by the Miami Beach Local 1510 Firefighters'
Insurance Trust Fund (Firefighters Plan). Covered employees if they choose, will
have the options of coverage as set forth in that Plan. Non-bargaining unit State
certified firefighter employees in the Fire Department have the option of coverage
under the City-provided plan or Firefighters Plan, but not both, provided they meet
the TRUST's eligibility as defined in the plan document.
d) All members of the bargaining unit who were members of the Union on September
1, 1986, and who retire on or after October 1, 1986, and non-bargaining unit
employees who opt for the Firefighters Plan and who retire on or after October 1,
1986, shall be covered by the Firefighters Plan to the extent they choose to have
Page 822 of 1102
IAFF Proposal — renumbered & combined tv,P)
medical benefits provided to them and their dependents during retirement.
- _ _ -- - - --- - -- = - • - - ' - • -- - - - - - - -
e) Employees covered by this Agreement who retire, or are terminated by the City
must be vested in the 'Police/Fire pension plan or the City of Miami Beach
Employee Retirement 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 ortermination.
f) 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.
aAll employees covered by this agreement shall contribute fifty dollars ($50.00)
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 total accrued leave
payouts toward the PEHP. Any and all fees/costs associated with administering
the PEHP shall be incurred by the plan participants. In no event thall the City incur
any costs.
h) For so long a period as the federal tax code imposes a heavier tax burden upon
City employees with domestic partners who elect to receive family medical and
dental coverage over that of their married counterparts, the City will reimburse
those employees with domestic partners who pay this heavier tax burden by adding
to their biweekly pay the additional amount withheld from the employees' pay and
the amount of the additional tax assessed by the federal government upon this
reimbursement. Reimbursement under this subsection shall not be considered to
be pensionable income. In order to qualify, eligible employees must have
registered domestic partnerships in accordance with the applicable provisions of
the Miami-Dade County Code of Ordinances and the City of Miami Beach Code of
Ordinances.
7.18 Paramedic Recertification Pay. Time spent while off duty in classroom (including
the test) or lab settings to obtain recertification in accordance with State of Florida
requirements is not time worked and will not be compensated by the City. Books and
tuition for such courses will be paid for by the City. Under present state recertification
procedures, the City will provide a $500 paramedic recertification pay annually, to be paid
in the first pay period ending in October.
Non-paramedic employees who are required to obtain EMT recertification shall be
provided with the state required instruction while on duty.
Page 823 of 1102
IAFF Proposal — renumbered & combined (,_„j
7.19 Court Time. When an employee is required to appear in court or at a deposition
by the State Attorney, public defender, or a federal agency, or is required to appear in
court or at a deposition in a civil matter which involves the employee's employment with
the City, (except when the employee is a Plaintiff in any litigation against the City, when
the litigation involves one employee who is suing another employee, and/or when the
employee is a Plaintiff or Defendant in a lawsuit where the employee is not on the same
side as the City, this Section shall not apply) he/she will be paid a minimum of four (4)
hours at the overtime rate if the court appearance or deposition is not contiguous to the
regular duty shift. If the court appearance or deposition is contiguous to the regular duty
shift, the minimum guarantee shall be two (2) hours at the overtime rate.
7.20 On-Call. Employees who are placed in an on-call status as primary respondents
for periods of one month at a time will be paid $300 100 for each such month.
7.21 -- -- e^ - -
a $300.00 annua - _ _ _ _ r-. ••_ _ _ - ' -
7.21 Rescue Out of Class (ROC). When the City temporarily assigns an employee
covered by this Agreement to work in Fire Rescue for more than one hour he/she shall
receive an additional twethree dollars ($2.00$3.00) per hour for all hours during which the
assignment continues on that shift. - - ' - e_ _ _- ee, --
` - :. ..1# z-
7.22
-7.22 Pension: The pension benefits as they currently exist shall continue, 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. Military Buy Back: Upon completion of five (5) years of creditable service
under the pension system,.(ten years for members hired after ratification of this
agreement), 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 percent (10%) or ten and one half percent
(10.5%), (for new hires required to contribute 10.5% to the plan as set forth in
sections 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. Such
purchased creditable service will be available for use as a benefit, including for
purposes of reaching normal retirement eligibility. In no event may the
purchased service be used for purposes of vesting credits.
Page 824 of 1102
IAFF Proposal — renumbered & combined
The purchase of additional military service must be completed within twenty-
four (24) months following a member's completion of five years of creditable
service under the pension plan.- (ten years for members hired after ratification
of this agreement). - -- -- _ _ : . -_ _ - - -- _ _ -
tweRty-fauf--(24)-mentha,If a member does not complete the purchase within
the twenty-four (24) month period, he/she shall not be eligible for the purchase
in the future. These provisions shall be applicable upon attaining ten (10) years
of creditable service under the Miami Beach Police/Fire Pension plan for
employees hired on or after ratification of this agreement.
Prior Fire Service Buy Back: Upon ratification, all bargaining unit employees
shall have a window between July 1, 2021 and September 30, 2021 in which
to purchase up to two years creditable service in increments of up to three
percent per year of service for up to two years of prior fire fighter service for
another county, or municipal Fire Department, Federal fire fighter, State Fire
Agency or Tribal Fire Department purchased at 10% or 10.5% (for employees
required to contribute 10.5%to the plan as set forth in sections G and H herein)
of pensionable salary for each year purchased. 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, with the cost prorated for
fractional years of service. In the event the employee separates from
employment after purchase of such creditable service but prior reaching 10
years of creditable service, the employee shall be reimbursed amounts paid in.
Such purchased creditable service will be available for use as a benefit,
including for purposes of reaching normal retirement eligibility, upon completion
of 10 years of creditable service under the pension system. In no event may
the purchased service be used for purposes of vesting credits.
Non Prior Service Buy Back: Upon ratification, all bargaining unit employees
shall have a window between July 1, 2021 and September 30, 2021 in which
to purchase up to two years creditable service in increments of up to three
percent per year of service for a maximum additional multiplier of six percent
(6%),purchased at 10% or 10.5% (for employees required to contribute 10.5%
to the plan as set forth in sections G and H herein) of pensionable salary for
each year purchased. 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. Such purchased creditable service will be available
for use as a benefit upon completion of 10 years of creditable service under the
pension system. In the event the employee separates from employment after
purchase of such creditable service but prior reaching 10 years of creditable
service, the employee shall be reimbursed amounts paid in. In no event may
the purchased service be used for purposes of vesting credits.
Page 825 of 1102
TAFF Proposal — renumbered & combined w.(!)
The total amount of creditable service available for purchase shall not exceed
a total two years (6%) for any combination of the above buy back options, or
when an employee has participated in a prior by-back in the Miami Beach
Police/Fire Pension system of six percent (6%) or more.
A:13. All compensation for work performed pursuant to section 6.12 (off duty
services) 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, Oovertime in excess of 300 hours per year or
payments for unused sick and and/or vacation leave may not be included in
compensation for pension purposes.
BC. DEFERRED RETIREMENT OPTION PLAN (DROP)
1. Eligibility — Any active employee member of the Miami Beach Police and
Firefighters Pension Plan may enter into the DROP on the first day of any
month following the date upon which the employee first became eligible for a
normal service retirement, subject to the conditions expressed herein or as
modified from time to time.
2. Conditions of Eligibility— Upon becoming eligible to participate in the DROP,
an employee may elect to enter that program for a period not to exceed sixty
(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 ninety-six(96) months. Notwithstanding, participation may not continue
beyond that date when the employee's combined years of creditable service
and time in the DROP equals four hundred and fifty-six (456) months. 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
Page 826 of 1102
IAFF Proposal - renumbered & combined
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 2019.
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.
e. Effective with the start date of an employee's DROP participation,
contribution 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 of those employees who enter
the DROP on or after September 1, 2012, through September 29, 2013, shall
continue to receive a zero (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
Page 827 of 1102
IAFF Proposal —renumbered & combined (,,_,i,)
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 COLAsthereafter.
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
a. 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.
b. 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
•
Page 828 of 1102
IAFF Proposal — renumbered & combined (t,_„)
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:
a. Lump Sum—All accrued DROP benefits, plus interest, shall be paid from
the DROP in a single lump sum payment.
b. 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.
c. Direct Rollover— All accrued DROP benefits, plus interest, shall be paid
from the DROP directly to the custodian of an eligible retirementplan.
d. 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
a. 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.
b. 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
Page 829 of 1102
IAFF Proposal — renumbered & combined
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 IAFF. 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 IAFF, provided that the
employee shall retain at least one hundred twenty (120) hours of accrued sick
leave after such payment. The one-time election to receive payment of leave
balances shall be made in any one year of the DROP, by notifying the City no
later than 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 eventshall payments for accrued sick or vacation leave be
included in a member's earnings for the purposes of the plan.
G,D. 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 creditableservice.
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 or reach the 85% benefit cap, regardless of age.
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 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 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.
Page 830 of 1102
IAFF Proposal — renumbered & combined (v,Q)
7. Ten percent (10%) employee pension contribution.
1;),E. Pension benefits for employees hired on or 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 creditableservice.
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 or reach the 85% benefit cap regardless of age.
3. The final average monthly earnings (FAME) shall be based on the Member's
three (3) highest paid year 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.
&R. 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 creditableservice.
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 or reach the 85% benefit cap regardless of age.
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.
F.GPPension 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 creditableservice.
2. The normal retirement age shall be 52; however, under "Rule of 70" retirement,
a member must attain a minimum age of 48 or reach the 85% benefit cap
regardless of age.
Page 831 of 1102
IAFF Proposal — renumbered & combined
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. Employees hired after the date of ratification of this agreement shall
become vested after completion of ten (10) years of creditable service.
7. Ten and one half percent (10.5%) employee pension contribution.
=8. Employees hired after the date of ratification of this agreement shall not be
credited with any prior creditable time in the Miami Beach General Employee
Pension Plan.
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.
7.23 "Me Too" with the FOP. The IAFF reserves the right to a "me too" agreement
with the FOP should the City-modify the FOP agreement on parallel issues. Any-such
7.24 Buyback of Probationary Time. Employees hired prior to July 19, 2013 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 firefighters. 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 months. Effective
July 19, 2013, all newly hired employees shall participate in the pension plan upon date
of hire.
7.25 Yotina Time. Given the availability of alternatives such as absentee ballots,
the past practice.of allowing paid time off for voting shall be discontinued.
7.26 Commission on Fire ccreditation International Pay Supplement (CFAI).
Bargaining unit members shall receive fifty dollars ($50.00) per pay period. The
union agrees to work with the City in order to attain accreditation through the
Commission on Fire Accreditation International. After attainment of accreditation,
(CFAI) payments required herein shall be contingent upon maintenance of the
accreditation provided however that payment shall continue if loss of accreditation
is due to action or inaction by the City/Administration and unrelated to actions of the
bargaining unit members.
Page 832 of 1102
IAFF Proposal — renumbered & combined (v_,
7.27 Compensation Plan.
a) Trainee —All non-certified hires will start at Step 1.
b) All Florida certified Firefighters will start at Step 3. After 6 months at Step 3,
the employee will move to Step A for the duration of their firstyear.
_ c) Fire Inspector new hires will start at Step 1 of the Inspector pay plan. Effective
October 1, 2018, Fire Inspectors will be placed in the new Fire Inspector pay
plan on the step that reflects their current years of service with the City as of
October 1, 2018. Upon placement into the Fire Inspector pay plan, Fire
Inspector whose rate of pay is higher than the step that reflects their years of
service shall remain at their current rate of pay until they are due to progress
to the next step on the Fire Inspector pay plan.
d) Fire Inspector Supervisors will start at Step 1 of the Fire Inspector Supervisor
pay plan. Effective October 1, 2018, Fire Inspector Supervisors will be placed
in the new Fire Inspector Supervisor pay plan on the step that reflects their
current years of service with the City as of October 1, 2018. Upon placement
into the Fire Inspector Supervisor pay plan, Fire Inspector Supervisors whose
rate of pay is higher than the step that reflects their years of service shall
remain at their current rate of pay until they are due to progress to the next
step on the Fire Inspector Supervisor pay plan.
728 Shift Fire Investigator. Three (3) Firefighter employees will be assigned to the
Suppression Division (1210) in the position of Shift Fire Investigator. There shall be one
(1) Fire Investigator per 24-hour shift for a total of three (3). To be eligible to hold the
position, the Firefighter must be a State certified Fire Investigator II. The three (3) fire
investigators will perform their normal Firefighter shift duties, and may be dispatched
solely for Fire Investigative duties.
The three (3) Firefighter Shift Fire Investigators shall maintain their 10% assignment pay
as if they were still assigned to the Fire Prevention Bureau (FPB) Division (1230) and
shall maintain their current take home vehicles.
7.29 Hazardous Duty Pay. Effective April 1, 2015, a All employees covered by this
agreement shall be eligible to receive hazardous duty pay in the amount of one hundred
twenty five dollars ($125 4-00) biweekly. - !►- e - , e _ _ -e.. - -
- - - ----- = - _ -2 - - - - - :. - . Hazardous duty
pay shall not be considered as pensionable earnings.
7.30 Marine Pay. On a biweekly basic, ellecti e QatoDe- ,2016, any employee who
is assigned to the fire station designated as the marine station shall receive assignment
pay equal to five percent (5%) of their biweekly base pay. This assignment shall be
subject to the bid document.
7.31 Special Operations Pay. On a biweekly basis, -effective October 1, 2016, any
employee who is assigned to the fire station designated as the special operations station
shall receive assignment pay equal to five percent (5%) of their biweekly base pay. This
assignment shall be subject to the bid document.
Page 833 of 1102
IAFF Proposal — renumbered & combined cv „1
7.32 SWAT. On a biweekl basis an em s is ee who is assi•ned to the SWAT team
shall receive assignment pay equal to five percent (5%) of their biweekly base pay. This
assignment pay shall not be pensionable. This assignment shall be subject to the bid
document. Effective upon ratification of this Agreement, employees assigned to the
SWAT team who are deployed or called in to train outside of their normal shifts will be
guaranteed four(4) hours of pay to be computed at the rate of time-and-one-half, except
when contiguous to the employees' regular shifts. Any such training must be approved in
advance by the Fire Chief. This section is subject to the provisions set forth in Section
7.9, Overtime.
7.33 Honor Guard. Effective upon ratification of this Agreement, employees assigned
to the Honor Guard who are deployed or called in to train outside of their normal shifts will
be guaranteed four (4) hours of pay to be computed at the rate of time-and-one-half,
except when contiguous to the employees' regular shifts. This section is subject to the
provisions set forth in Section 7.9, Overtime.
7.34 Combat Challenge. Effective April 1, 2016, aA combat challenge shall be
established, the components of which will be mutually agreed upon between the Fire
Chief and the Union President. Any employee covered by this Agreement who completes
and passes the challenge shall receive a supplement of $75 50-per pay period. The
challenge will be administered by the Fire Department. It will be administered on an
annual basis. An employee will have thirty (30) days from the anniversary of his
completion of the combat challenge to schedule the next challenge (for that year).
Employees must complete and pass the challenge each year in order to be eligible for
continued receipt of the supplement. Combat challenge pay shall not be considered as
pensionable earnings. On a one-time basis for the first combat challenge, employees who
pass the challenge shall be paid the supplement retroactive to April 1,2016.
7.35 Second Language Pay. •-_ '. - e- __ , e , -Employees who are
conversationally proficient in a second of the following languages: Spanish, Creole,
Portuguese, Hebrew, French, Russian, German, Cantonese Italian and 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 Fire
Administration. The test may be scheduled with at least seven (7) work days' notice to
the Fire 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.
Page 834 of 1102
IAFF Proposal — renumbered & combined cvz,)
7.36 Take-Home Vehicles.The UniOn agrees that, effective upon the date of ratification
of this Agreement, 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-owned coverage endorsement or non-owner auto insurance coverage in the amount
of at least $100,000, for so longas he or she is assigned a take-home vehicle. Employees
Who are initiallyassigned 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- owned 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.
7.37 The previous subsections of Article 7 shall not apply to the classifications of Fire
Inspector or Fire Inspector Supervisor, with the exception of Sections 7.9, 7.10, 7.11,
7.12 7.14 7.15 7.16 7.17 7.19 7.25 7.26 7.27 and 7.35. Fire Ins.ectors shall also be
assigned take home vehicles and shall be subject to the provisions related to vehicles
including Section 7.36.
Page 835 of 1102