Agreement with Firefighters of Miami Beach (IAFF) 2009 - 3c P
AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
and the
FIRE FIGHTERS OF MIAMI BEACH
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 1510
AFL-CIO-CLC
Period Covered
October 1, 2018 through September 30, 2021
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TABLE OF CONTENT
PAGE
AGREEMENT 7
ARTICLE 1 RECOGNITION 8
ARTICLE 2 DEDUCTION OF UNION DUES
Section 2.1 Check-off 8
Section 2.2 Indemnification 8
ARTICLE 3 GRIEVANCE PROCEDURE
Section 3.1 Definition of Grievance and Time Limit for Filing 9
Section 3.2 Definition of Weekday 9
Section 3.3 Grievance Procedure 9
Section 3.4 Election of Remedies 10
Section 3.5 Binding Arbitration 10
Section 3.6 Authority of Arbitrator , 11
Section 3.7 Expenses 11
Section 3.8 Processing Grievances 11
Section 3.9 Suspensions, Reductions in Pay or Class, or Removal 11
Section 3.10 Probationary Period 12
Section 3.11 Union Grievance Committee 12
Section 3.12 Waiver of Time Limitations 12
ARTICLE 4 NO STRIKE AND NO LOCKOUT
Section 4.1 No Strike 13
Section 4.2 No Lockout 13
ARTICLE 5 MANAGEMENT RIGHTS 14
ARTICLE 6 GENERAL PROVISIONS
Section 6.1 No Discrimination 15
Section 6.2 Union Activity 15
Section 6.3 Seniority List 15
Section 6.4 Relief at Fire 15
Section 6.5 Exchange of Time 15
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TABLE OF CONTENT—continued PAGE
Section 6.6 Protection of City Property and Equipment 15
Section 6.7 Uniforms 15
Section 6.8 Meetings Between Parties 16
Section 6.9 Union Time Bank 16
Section 6.10 Line of Duty Injuries 17
Section 6.11 Change in Shifts 17
Section 6.12 Fire and Rescue Off Duty Services 17
Section 6.13 Promotional Examinations and Appointments 18
Section 6.14 Light Duty Assignments 24
Section 6.15 Injury Service Connected (ISC) 24
Section 6.16 Jury Duty 25
Section 6.17 Reduction in Work Force 25
Section 6.18 Infectious Disease Presumption 25
Section 6.19 Seniority Bid System 26
Section 6.20 Minimum Staffing 26
Section 6.21 Disclosure of Records 26
Section 6.22 Defense of Members 26
ARTICLE 7 WAGES AND FRINGE BENEFITS
Section 7.1 Wage Increases 27
Section 7.2 Suppression Division 27
Section 7.3 Assignment Pay 27
Section 7.4 Paramedic and EMT Pay 27
Section 7.5 Certification Pay 27
Section 7.6 Paramedic Training 28
Section 7.7 Driver Incentive Pay 29
Section 7.8 Work Out of Classification 29
Section 7.9 Overtime 30
Section 7.10 Call-In Guarantee 31
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Section 7.11 Holidays 31
Section 7.12 Vacation Benefits 32
TABLE OF CONTENT—continued PAGE
Section 7.13 Negotiation Pay 32
Section 7.14 Sick and Vacation Leave Accrual and Maximum Payment Upon 33
Termination
Section 7.15 Sick Leave Sell Back Program 33
Section 7.16 Hours of Work 34
Section 7.17 Health Trust Contributions 34
Section 7.18 Paramedic Recertification Pay 36
Section 7.19 Court Time 37
Section 7.20 On-Call 37
Section 7.21 Rescue Out of Class(ROC) 37
Section 7.22 Pension 37
Section 7.23 "Me Too"with the FOP 47
Section 7.24 Buy Back of Probationary Time 47
Section 7.25 Voting Time 47
Section 7.26 Commission on Fire Accreditation International Pay Supplement 47
(CFAI)
Section 7.27 Compensation Plan 47
Section 7.28 Shift Fire Investigator 48
Section 7.29 Hazardous Duty Pay 48
Section 7.30 Marine Pay 48
Section 7.31 Special Operations Pay 48
Section 7.32 SWAT 48
Section 7.33 Honor Guard 49
Section 7.34 Combat Challenge 49
Section 7.35 Second Language Pay 49
Section 7.36 Take-Home Vehicles 49
Section 7.37 50
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ARTICLE 8 JOINT OCCUPATIONAL SAFETY AND HEALTH COMMITEE
Section 8.1 Committee Make-up and Responsibilities 51
TABLE OF CONTENT—continued PAGE
Section 8.2 Personal Equipment 51
Section 8.3 Ladder Testing 52
Section 8.4 Air Quality Evaluations 52
Section 8.5 SCBA Repair 52
ARTICLE 9 LEAVE OF ABSENCE
Section 9.1 Educational Leave and Tuition Refund 53
Section 9.2 Bereavement 54
ARTICLE 10 TRANSFER OF SERVICES
Section 10.1 Notice 55
Section 10.2 Discussions 55
ARTICLE 11 DRUG/ALCOHOL TESTING
Section 11.1 Selection 56
Section 11.2 Screening 57
Section 11.3 Expedited Arbitration 59
Section 11.4 Rehabilitation 60
ARTICLE 12 COMPENSATORY TIME 61
ARTICLE 13 NO PYRAMIDING 62
ARTICLE 14 SAVINGS 63
ARTICLE 15 WAIVER AND ENTIRE AGREEMENT 64
ARTICLE 16 TERM OF AGREEMENT 65
EXECUTION 66
ELECTION OF REMEDY FORM 67
HEARING EXAMINER RULES '68
COMPENSATION PLAN 71
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AGREEMENT
THIS AGREEMENT, made and entered into this_day of , 2019 by and between the City of
MIAMI BEACH, FLORIDA (herein called the "City"), and the FIRE FIGHTERS OF MIAMI BEACH
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1510, AFL-CIO-CLC (herein called the
"Union").
SCOPE
It is the intention of this Agreement to provide for salaries, fringe benefits, and other terms and conditions
of employment. It is further the intention of this Agreement to prevent interruption of work and interference
with the efficient operation of the City and to provide for an orderly, prompt and just manner in handling
grievances.
Within the context of this Agreement, the use of masculine-gender terms shall be considered gender-
neutral and are freely interchangeable with the corresponding female-gender terms.
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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.
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ARTICLE 2
DEDUCTION'OF UNION DUES
2.1. Check-off. Upon receipt of a lawfully executed written authorization from an employee, which is
_ presented to the City by an official designated by the Union in writing, the City agrees during the term of
this Agreement to deduct the uniform biweekly Union dues of such employees from their pay and remit
such deductions to the Union Treasurer, together with a list of the employees for whom deductions were
made; provided, however,that such authorization is revocable at the employee's will upon thirty(30)days
written notice to the City and the Union. The Union will notify the City in writing of the exact amount of
such uniform membership dues to be deducted. The Union will notify the City inwriting thirty (30) days
prior to any change in its dues structure. In January of each year of this Agreement, the Union will remit
to the City $400.00 as an administrative fee for the collection of dues by the City.
2.2. Indemnification. The Union agrees to indemnify and hold the City harmless against any and all
claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or
not taken by the City under the provisions of this Article.
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ARTICLE 3
GRIEVANCE PROCEDURE
3.1. Definition of Grievance and Time Limit for Filing. A grievance is a dispute involving the
interpretation or application of the express terms of this Agreement, excluding matters not covered by
this Agreement; or where Personnel Board rules and regulations are involved; provided that disciplinary
actions, including discharges, may be grieved under this Article, as provided herein. See Section 3.4
(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 as follows:
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
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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 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.
Section 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
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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.
3.7. Expenses. All costs of arbitration, including the arbitrator's fees and expenses, shall be divided
equally between the Cityand 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 Grievances. 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 elects to utilize this contractual grievance procedure, it shall commence at
Step 3.
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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 Chief's
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 of grievances.
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ARTICLE 4
NO STRIKE AND NO LOCKOUT
4.1. No Strike. The parties hereby recognize the provisions of Chapter 447 of the Florida Statutes which
define strikes, prohibit strikes, and establish penalties in the case of a strike and incorporate those
statutory provisions herein by reference. The parties further agree that the City shall have the right to
discharge or otherwise discipline any employee(s) who engage(s) in any activity defined in Section
447.203(6) of the Florida Statutes, at its discretion, provided that an employee may grieve and have
arbitrated the question of whether or not he engaged in the prohibited conduct.
4.2. No Lockout. The City will not lock out any employees during the term of this Agreement as a result
of a labor dispute with the Union.
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ARTICLE 5
MANAGEMENT RIGHTS
It is recognized that, except as stated herein, the City shall retain whatever rights and authority are
necessary for it to operate and direct the affairs of the City and the Fire Department in all of its various
aspects, including, but not limited to, the right to direct the working forces; to plan, direct, and control all
the operations and services of the Fire Department; to determine or change the methods, means,
organization, and personnel by which such operations and services are to be conducted; to assign and
transfer employees; to schedule or reschedule the working hours, to hire and promote; todemote,
suspend, discipline or discharge for just cause, or relieve employees due to lack of work or for other
legitimate reasons, subject to the Personnel Rules of the City; to make, change, and enforce reasonable
rules and regulations;to change or eliminate existing methods,_equipment or facilities; provided, however,
that the exercise of any of the above rights shall not conflict with any of the express written provisions of
this Agreement.
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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 after posting.
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 as feasible.
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.
6.6. Protection of City Property and Equipment. 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:
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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.
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
September 30. '
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
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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 to this 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 of this 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 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.
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 be continued._
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 not permit.
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 the performance of these off-duty jobs shall be at an 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 7.23. Off-duty
hours worked do not count as hours worked for purposes of computing overtime.
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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 thirty (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.
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.
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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 authoritative sources.
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 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's test.
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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) year of education credits) 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.
For the Fire Captain promotional process, a Master's degree in Fire Science Administration/Management,
or Emergency Medical Service (EMS) Administration/Management or Public Administration, or Masters
of Business Administration (MBA) will be acceptable and may substitute for one (1) year of time-in-rank
and/or seniority in the department. 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 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 his
behavioral 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
IAFF -20
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 challenge session.
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 challenges are 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 percent (60%) and the behavioral assessment components will constitute
forty percent (40%) 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 percentages
points in accordance with state law).
Fire Lieutenant/Fire Captain:
(Written Examination Raw Score *0.60) + (Behavioral Assessment Component Score *0.40) +
Education points + Seniority points +.Veterans Preference Points = Final Score.
PROMOTIONAL CREDIT
Promotional credit shall be limited to a maximum value of ten (10) points, divided between two (2)
components—seniority and education.
Seniority
Seniority shall be determined using the following formula:
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Lieutenant: LS X 0.50 = S (years 5-15)
Captain: LS X 0.50 = 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 5.0 points.
Education shall be given a maximum value of 5.0 points.
Education
Education shall be determined using the following formula:
• Associate degree in Public Administration, Emergency Medical Service (EMS) or Fire Science
(FS) or any Bachelor degree (except as specified below) (max 1.0)
• Bachelor degree in Public Administration, Emergency Medical Service(EMS)or Fire Science(FS)
or any Bachelor degree (max 3.0)
• Master's degree in Public Administration, Emergency Medical Service (EMS)
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
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
IAFF -22
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 may only be counted once as it pertains to either time-in-rank 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 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.
IAFF -23
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 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.
IAFF -24
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
of duty.
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), 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
IAFF -25
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 Management process.
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 15 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 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.
IAFF -26
ARTICLE 7
WAGES AND FRINGE BENEFITS
7.1. Wage Increases.
a) Effective with the first pay period ending in October 2018, there shall be an acrosslthe-board
wage increase of zero percent (0%).
b) Effective with the first pay period ending in April 1, 2020, there shall be an across-the-board
wage increase of one percent (1%).
c) Effective with the first pay period ending in April 1, 2021, there shall, be an across-the-board
wage increase of one percent (1%).
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.
7.2. 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.
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:
a) Fire Prevention Division:
IAFF -27
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%%) 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.
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.
IAFF -28
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.
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 the first full pay period of October 2018, any Firefighter assigned to the Rescue Division
(1220) shall receive a five percent (5%) driver incentive pay.
7.8. Work Out 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 three dollars ($3.00) per
hour for all hours during which the assignment continues on that shift.
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.
IAFF - 29
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 period shall consist of ninety-six (96) hours in a
fourteen (14) day period for employees assigned to work twenty-four (24) 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; however, 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 overtime calculation.
Effective the first full pay period of May 2019, 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).
IAFF - 30
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
Veteran's Day November 11th
Thanksgiving Day 4th Thursday in November
The 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.
IAFF - 31
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) Effective the first full pay period of May 2019, 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 an 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.
f) Beginning 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.
g) Any additional holidays so designated by official action of the City Commission shall be added to
the above list.
h) 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 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.
IAFF - 32
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. Effective the first full pay period of October 2018, the Must Use Cap on vacation
accrual is 500 hours (750 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.
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. 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 completed fifteen (15) 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.
IAFF - 33
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, 2019, the City's monthly contributions to the Miami Beach Local 1510 Firefighters
Insurance Trust Fund (hereinafter"Trust") inclusive of dental for all bargaining unit employees shall be:
Single: $ 681.72
Emp. + 1: $1,661.33
Family: $1,680.98
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.
The 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.
IAFF - 34
The City will make payments to the TRUST by the 15th of the month for the previous month.
a) For all current retirees and active employees on the payroll as of July 14, 2010 all employees 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 contribution to the Trust on behalf of those employees
after their retirement. The stipend shall be a monthly payment equal to twenty-nine dollars and
.77 cents ($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. 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, 2018, the stipend for each year of service is 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
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Plan to the extent they choose to have 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 or termination.
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.
g) All 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 shall 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
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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.
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. Effective the first full pay period of October 2018, employees who are placed in an on-
call status as primary respondents for periods of one month at a time will be paid $400 for each such
month
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 three dollars
($3.00) per hour for all hours during which the assignment continues on that shift.
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
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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.
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). 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
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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.
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.
B. 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. Overtime 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.
C. 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
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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 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, 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 electon 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
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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 COLA on the sixth (6th) annual adjustment
date, but will receive a retiree COLA on the seventh (7th) annual adjustment date and all
annual retiree COLAs thereafter.
b. Employees who entered the DROP on or after October 1, 2015, but prior to the date
of ratification of this Agreement, who choose to extend their DROP participation period
by up to thirty-six(36) months shall receive a zero (0%) retiree COLA for their sixth (6th),
seventh (7th), and eighth (8th) annual adjustment dates. If these employees separate
from employment with the City at any time within the sixth (6th), seventh (7th), or eighth
(8th) year in DROP, they will not receive a retiree COLA on the annual adjustment date
following their separation of employment with the City, but will receive all annual retiree
COLAs thereafter.
c. Employees entering the eight (8) year DROP on or after the date of ratification of this
Agreement shall receive a zero (0%) retiree COLA for their sixth (6th), seventh (7th), and
eighth (8th)annual adjustment dates. If these employees separate from employment with
the City at any time within the sixth (6th), seventh (7th), or eighth (8th) year in DROP,
they will not receive a retiree COLA on the annual adjustment date following their
separation of employment with the City, but will receive all annual retiree COLAs
thereafter.
IAFF -41
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 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
IAFF -42
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 retirement plan.
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 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
IAFF -43
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 event shall payments for accrued sick or vacation leave be
included in a member's earnings for the purposes of the plan.
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 creditable service.
2. The normal retirement date shall be as provided in the current pension plan,
except that a member must attain the age of 47 to be eligible for "Rule of 70"
retirement 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
IAFF -44
pensionable income.
6. An employee shall be vested after completion of five (5) years of creditable
service.
7. Ten percent (10%) employee pension contribution.
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 creditable service.
2. The normal retirement date shall be as provided in the current pension plan,
except that a member must attain the age of 48 to be eligible for "Rule of 70"
retirement 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 years of creditable service, prior to retirement or
separation from employment.
4. The retiree cost of living adjustment (COLA) shall be one and one half percent
(1.5%) annually.
5. The maximum pension benefit shall be 85% of pensionable income.
6. An employee shall be vested after completion of five (5) years of creditable
service.
7. Ten percent (10%) employee pension contribution.
F. Pension benefits for employees hired on or after September 30, 2013, but prior to the date of
ratification of this collective bargaining agreement:
1. The benefit multiplier shall be three percent (3%) for each year of creditable
service for the first twenty (20) years of service, and four percent (4%) for each
year of creditable service after twenty (20) years of creditable service.
2. The normal retirement date shall be as provided in the current pension plan,
except that a member must attain the age of 48 to be eligible for "Rule of 70"
retirement 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
IAFF -45
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.
G. Pension benefits for employees hired after the date of ratification of this collective
bargaining agreement:
1. The benefit multiplier shall be three percent (3%) for each year of creditable
service for the first twenty (20) years of service, and four percent (4%)for each
year of creditable service after twenty (20) years of creditable service.
2. The normal retirement age shall be 52; however, under"Rule of 70" retirement,
a member must attain a minimum age of 48 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. 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.
IAFF -46
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.
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. Voting 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 Accreditation 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.
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 first year.
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.
IAFF -47
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.
7.28. 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. All employees covered by this agreement shall be eligible to receive
hazardous duty pay in the amount of one hundred twenty five dollars ($125) biweekly. Hazardous duty
pay shall not be considered as pensionable earnings.
7.30. Marine Pay. On a biweekly basis, 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, 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.
7.32. SWAT. Effective the first full pay period of October 2018, on a biweekly basis, any employee who
is assigned 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. Employees 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
IAFF -48
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 the first full pay period in October 2018, a 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 seventy five dollars ($75) 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.
7.35. Second Language Pay. 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.
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 long as he or she is assigned a take-home vehicle.
Employees who are initially assigned a take-home vehicle, subsequent to date of ratification of this
IAFF -49
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. Effective the first full pay period of May 2019, 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 Inspectors shall also be
assigned take home vehicles and shall be subject to the provisions related to vehicles including Section
7.36.
IAFF - 50
ARTICLE 8
JOINT OCCUPATIONAL SAFETY AND HEALTH COMMITTEE
8.1. Committee Make-up and Responsibilities. In recognition of the City's and the Union's desire to
maintain the highest standards of health and safety in the Fire Rescue Department, a Joint Occupational
Safety and Health Committee will be established. This committee shall consist of three (3) members of
management selected by the Fire Chief, and three (3) members of the Union appointed by the Union
President.
a) The Committee shall recommend rules and procedures for the promotion of health and safety
among Firefighters.
b) The Committee shall make inspections of Fire Department facilities on a semi-annual basis or by
special request.
c) The Committee shall keep minutes of each meeting.
d) The Committee shall meet on a regular basis at mutually agreed times. Four(4) members of the
Committee shall constitute a quorum, providing that equal representation is available, at a
scheduled and posted meeting.
e) The Safety and Health Committee established by this Agreement shall evaluate changes in
specifications for bids for protective clothing, equipment, tools, appliances, and apparatus, and
shall issue its recommendations in a report to the Fire Chief.
f) The Safety and Health Committee will evaluate the types of helmets, gloves, breathing apparatus,
and protective clothing on a semi-annual basis. A report of this evaluation will be made to the
Fire Chief.
g) 'A separate City-Wide or Departmental Safety Committee will review and analyze all reports of
accidents, deaths, injuries, and illnesses.
h) The Safety and Health Committee shall review on the job accidents and injuries and make
recommendations to the Fire Chief about prevention efforts and/or remediation needed.
8.2. Personal Equipment. Personnel will be issued personal equipment one time, in new condition, to
be maintained in serviceable condition. If the gear is damaged or destroyed at no fault of the employee,
it will be replaced by the City. If it has been damaged, destroyed, or lost due to the employee's
negligence, the employee will pay for the replacement.
IAFF - 51
Negligence will be determined by a majority vote of four (4) members of the Occupational Safety and
Health Committee and the Fire Chief. Two (2) of the Committee members shall be Union appointees
and two (2) shall be Management appointees.
8.3. Ladder Testing. The City shall pay for the inspection and testing of the structural integrity and safety
of its aerial devices, using recognized test procedures by an independent test company other than the
original manufacturer, at a time to be determined by management, but on no longer than a bi-annual
basis. A copy of the test results will be supplied to the Safety and Health Committee.
8.4. Air Quality Evaluations. The City agrees that air quality evaluations as presently made will be
made by the Dade County Health Department or other suitable testing facility on the compressed air
utilized in department Self-Contained Breathing Apparatus (SCBA) and Self-Contained Underwater
Breathing Apparatus (SCUBA) on a quarterly basis.
8.5. SCBA Repair. Only personnel who have been trained and certified by the manufacturer will be
permitted to perform repairs or supervise the performance of repairs on Self-Contained Breathing
Apparatus (SCBA).
IAFF - 52
ARTICLE 9
LEAVE OF ABSENCE
9.1. Educational Leave and Tuition Refund. Subject to applicable Personnel Rules, leave ordinances
and tuition practice administrative procedures, an employee may request an educational leave of
absence without pay to take a course or courses in a field related to the work assignment of said
employee.
Upon ratification of this Agreement, employees covered by the bargaining unit are eligible for the tuition
assistance program set forth in Resolution No. 2015-28891, adopted January 14, 2015, which provides
the following levels of benefit:
Six Credit hours per semester for a total of twelve credits per calendar year will be reimbursed,
as follows:
• Approved undergraduate, community college courses and non-credit/certificate courses will
be reimbursed as follows:
o 80% for courses in which the employee earns an A
o 60% for courses in which the employee earns a B
o 40% for courses in which the employee earns a C
• Approved graduate courses will be reimbursed as follows:
o 80% for courses in which the employee earns an A
o 60% for courses in which the employee earns a B
The levels of benefit identified'above may be subject to change by the City Commission, but in no event
shall be less than the levels of benefit identified below:
One course per semester/trimester/quarter equivalent to three credits for a total of twelve credits
per calendar year will be reimbursed, as follows:
• Approved undergraduate community college courses and non-credit/certificate
courses will be reimbursed at an amount not exceeding $158.25
• Approved undergraduate university courses will be reimbursed at an amount not
exceeding $251.16
• Approved graduate courses will be reimbursed at an amount not exceeding $531.15
IAFF - 53
9.2. Bereavement. Where there is a death in the immediate family (mother, father, grandparents,
grandchildren, current spouse's parents, brother, sister, current spouse;children, or stepchildren) of an
employee, he or she shall be allowed four(4) consecutive days off if on eight (8) or ten (10) hour shift; or
forty-eight (48) consecutive hours off if on 24-hour shift, for the purpose of making arrangements and/or
attending the funeral, without loss of pay and without charge to accrued sick leave or vacation days of
said employee. Upon request, employees will be eligible to take an additional consecutive week off
utilizing their own accrued leave. Any additional time off may be granted by the Fire Chief or designee,
and shall be chargeable to the accrued sick or vacation leave of such employee. Such additional time
shall not count against the employee for the purposes of performance evaluation, or for participation in
the sick leave sell back program. Requests for additional time off shall be submitted in writing to the
Chief.
IAFF - 54
ARTICLE 10
TRANSFER OF SERVIVES
10.1. Notice. The City agrees to keep the Union advised concerning any plans for, or implementation
of, a transferal of any services presently being performed by bargaining unit members.
10.2. Discussions. The City agrees to hold discussions with representatives of the Union upon request
of the Union, for the purpose of permitting the Union an opportunity to comment upon any proposed
transferal of services and/or suggest alternatives to all or any portion of the plan for transferal.
IAFF - 55
ARTICLE 11
DRUG/ALCOHOL TESTING
Section 11.1. Selection. In an effort to identify and eliminate on-duty or off-duty controlled
substance/alcohol abuse, urinalysis/breathalyzer tests shall be administered as provided herein.
Employees shall be advised of their contractual rights relative to this Article any time a
urinalysis/breathalyzer alcohol test is required. Employees refusing to submit to a urinalysis/breathalyzer
test under the provisions set forth herein shall be dismissed.
a) Annual Screening: All employees shall be required to submit to urinalysis once per calendar
year. Employees shall be selected using a random selection process agreed to by the Union and
the City, and shall be tested during their normal tour of duty.
b) Random Screening: It is important to the safety and welfare of employees and the public that
bargaining unit members not be impaired by alcohol while on duty nor use illegal drugs. The
Human Resources Department will administer the drug testing program. Employees whose sick
leave bank falls below 200 hours (300 hours for shift personnel), shall be subject to the random
drug test for 180 calendar days. The 180 calendar day period will begin with the pay period after
the employee's leave balance falls below 200 hours (300 hours for shift personnel). If at any time
after the 180 calendar days has expired,the employee's sick leave bank falls below the 200 hours
(300 for shift personnel), the employee shall be immediately subject to random drug testing for an
additional 180 calendar day period (as described above). New hires are exempt from the random
screening provisions until they have been employed for a total of thirty-six months. After thirty-
six months from the date of hire, all provisions will apply.
c) Reasonable Belief Screening: Employees may be tested under the following criteria:
1. When ,a Division Chief or above has reasonable belief, based on objective factors that the
employee has possession of, or is using, dispensing, or selling any illegal drug or controlled
substance which is not prescribed by a licensed physician.
2. When a Division Chief or above has reasonable belief based on objective factors that the
employee is under the influence of alcohol on duty, or on an off-duty detail, or traveling to or
from same in a City vehicle, or while in a status where injury would be covered by Workers'
Compensation and/or I.S.C.
IAFF - 56
Section 11.2 Screening.
a) Employees shall take a breathalyzer test in the case of suspected alcohol abuse, and/or give a
urine sample for suspected substances abuse, as determined by the City, at either a hospital or
an accredited testing lab, as chosen by the City. The hospital or accredited testing lab shall
include sufficient safeguards to ensure that a proper chain of custody is enforced. When a sample
is required to be submitted under any of the above circumstances, a portion of the first sample
shall be retained, and the employee may choose to submit a second, separate sample as
described in b) below. All positive tests for controlled substance(s) shall be confirmed by Gas
Chromatography Mass Spectrometry (GCMS) or equivalent testing method. Testing shall be
performed by an accredited, State licensed clinical lab. Testing for alcohol shall be by breath-
testing unless the employee is or claims to be unable to provide an adequate sample. In such a
case, a blood test will be performed. A breath alcohol level of 0.04 or higher and it's equivalent
blood test outcome shall constitute a positive result.
b) Except in the case of alcohol testing, if the employee chooses to submit a second, separate
sample it shall be collected at either a hospital or accredited, State licensed clinical lab, chosen
by the City, within four (4) hours of the time the initial sample is submitted. If the employee
declines to submit a second, separate sample or is unable to submit a second, separate sample
within the four (4) hour time period, the retained portion of the initial test shall be used for any
additional confirming tests. Any additional confirmation testing shall only be conducted following
a positive result from the initial test, and shall be performed at a second, separate State licensed
clinical lab of the City's choice. All additional confirmation testing shall be by GCMS or equivalent
testing method.
IAFF - 57
c) Below are the substances tested for:
Drug Initial Test Level GC/MS Confirmation
Test Level
Amphetamine 1000 ng/ml 500 ng/ml
Barbiturates 300 ng/ml 150 ng/ml
Benzodiazepines 300 ng/ml 150 ng/ml
Cocaine metabolites 300 ng/ml 150 ng/ml
Marijuana metabolites 50 ng/ml 15 ng/ml
Methadone 300 ng/ml 150 ng/ml
Methaqualone 300 ng/ml 150 ng/ml
Methylenedioxyamphetamine (MDA) 500 ng/ml 250 ng/ml
Analogues
Opiates 2000 ng/ml 2000 ng/ml
Phencyclidine 25 ng/ml 25 ng/ml
Propoxyphene 300 ng/ml 150 ng/ml
The IAFF reserves the right to a"me too" agreement with the FOP should the FOP retain ten (10)
panel screening standards.
d) Employees shall be notified of a positive test result within a reasonable time from the time a
sample is submitted. Such notice may be served either verbally to the employee or by a
representative of the Department delivering notice to the employee's last recorded residence
shown on the Department's personnel roster. The Union shall be advised of positive or negative
test results to the extent that the release of such information is consistent with Federal, State, or
local laws regarding the privacy of test results, unless the employee does not want the results
- released to the Union.
e) Employees ordered back to duty for testing shall be compensated under Article 7, Section 7.7,
Call-In Guarantee.
f) Disputes regarding the consistent application of the reasonable belief criteria cited herein shall be
handled under Section 11.3, Expedited Arbitration. Employees shall comply with the order to
submit a sample and simultaneously file a protest with the communicator of the order.
IAFF - 58
g) Employees who test positive for drug use and wish to attribute causation to a prescribed drug may
present evidence to the City Manager's designee for Human Resources and the laboratory's
Medical Review Officer. The decision of the Medical Review Officer will be conclusive.
h) Employees shall authorize release of drug/alcohol testing to the City.
Section 11.3. Expedited Arbitration.
a) Following ratification of this Agreement and prior to October 1, 1998, the President of the Union
and the City Manager's designee for Labor Relations shall select two (2) permanent Arbitrators
certified by the American Arbitration Association (AAA) or other similar certifying agency, to hear
employee drug grievances. The Arbitrators will alternate, hearing only grievances where the
employee alleges a violation of Section 11.1(b), paragraphs 1 or 2, and limited to whether or not
there was reasonable belief based on objective factors to require the grievant to submit to a
controlled substance/blood alcohol test.
b) Samples submitted under Reasonable Belief Screening criteria and grieved shall not be tested
until the Arbitrator has ruled affirmatively that there was reasonable belief to test the employee.
c) Any grievance must be in writing and submitted by fax or hard copy to the Division Chief or above
on the same day as the test or no later than the next weekday following the test.
d) Any costs associated with the Arbitrator's ruling shall be borne by the City if the Arbitrator rules
there was not reasonable belief to test the, employee, and the sample(s) shall be properly
discarded. Costs associated with the Arbitrator's ruling shall be borne by the Union if the Arbitrator
rules that there was reasonable belief to test the employee, and the sample(s) shall be tested as
outlined in this Article.
e) An expedited hearing shall be held before the Arbitration using the American Arbitration
Association rules of expedited arbitration and no post hearing briefs shall be filed. The drug
grievance shall be submitted directly to arbitration and shall be heard at a mutually convenient
time after the employee was required to submit to the controlled substance/blood alcohol test.
The Arbitrator shall rule at the close of the hearing and an oral response from the Arbitrator shall
be sufficient to settle the grievance.
IAFF - 59
f) The Arbitrator shall serve from year to year and shall be appointed by letter,jointly signed by the
Union President and the City Manager's designee for Labor Relations. Should the City and the
Union choose to remove an Arbitrator, the Arbitrator shall be notified and the parties shall agree
on a replacement. If they are unable to agree, each party shall put two (2) names into a hat and
the name drawn shall be the replacement for one (1) year.
Section 11.4. Rehabilitation. In the event that the results of the urinalysis/blood alcohol test are positive,
the following shall apply:
a) At the discretion of the Fire Chief, the employee may be immediately relieved of duty however,
he shall first be allowed to utilize all of his/her accrued annual and sick leave, if appropriate, and
then shall be relieved without pay. The employee shall not be disciplined until a positive test
result is communicated to the City. However, if the employee's conduct in connection with the
alleged substance abuse amounts to conduct for which the City might otherwise discipline the
employee, the City may take disciplinary action prior to knowing of a positive test result.
b) The employee shall, at his/her own cost, within seventy-two (72) hours of a positive test
notification (excluding weekends and holidays) enter into a substance abuse treatment program
approved by the City and the Union and remain in the program until the employee has successfully
completed the program, including any required aftercare. If the employee fails to enter, participate
in, and/or successfully complete any part of the rehabilitation program, including any aftercare,
he shall be terminated from his/her employment with the City.
c) Employees cleared to return to work by the Substance Abuse Program Administrator shall be
subject to random urinalysis/breathalyzer test(s) for a period of two (2) years. The City shall be
limited to six (6) random urinalysis breathalyzer tests per twelve (12) month period, beginning
from the date the employee is cleared to return to work. Each employee shall be entitled to one
(1) chance for rehabilitation during their employment with the City. Employees who test positive
a second time under the provisions outlined in Section 11.2 of this Article or this Section shall be
terminated from employment with the City.
IAFF - 60
ARTICLE 12
COMPENSATORY TIME
Effective upon ratification of this Agreement by the parties, employees shall no longer earn compensatory
time.
IAFF - 61
ARTICLE 13
NO PYRAMIDING
Compensation shall not be paid more than once for the same hours, with the exception of the court time
guarantee when the court time does not overlap entirely with the regular or overtime shift. It is understood
that this no pyramiding rule is not applicable to assignment or certification payments.
IAFF - 62
ARTICLE 14
SAVINGS
If any provision of this Agreement is subsequently declared by the proper legislative or judicial authority
to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances all other
provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Upon
issuance of such a decision or declaration which is not appealed by either party, the parties shall,
following a request by either party, negotiate in good faith on a substitute article, section, or portion
thereof.
IAFF - 63
ARTICLE 15
WAIVER AND ENTIRE AGREEMENT
The Union acknowledges that during negotiations resulting in this Agreement, it had the right and
opportunity to make demands and proposals with respect to any and all subjects not removed by law
from the area of collective bargaining and that the complete understanding and agreements arrived at by
the parties after exercise of that right and opportunity are set forth in this Agreement.
Therefore, the Union waives the right, during the term of this Agreement, to bargain collectively with
respect to any subject or matter referred to or covered by this Agreement, and it particularly waives the
right to bargain over the City's exercise of any of its management's rights set forth in Article 5 of this
Agreement, e.g., changing work hour schedule, transferring employees, laying off employees, etc. The
parties intend that this Agreement shall constitute the sole source of their rights and obligations from and
to each other for its term either by specific provision or by silence. If the Agreement does not prevent it,
the City may take any action (or fail to take any action) it desires and shall have no obligation to bargain
with the Union concerning the taking, or not, of the action; but may take unilateral action at the time it
desires. The Union does not waive, and shall retain its right, to bargain with the City over the impact of
any action taken by the City not set forth in this Agreement, but such impact bargaining shall not serve
to delay management's action until agreement or impasse is resolved concerning the impact at issue.
This Agreement may be amended by mutual agreement of the parties but any amendment must be in
writing and signed by duly authorized representatives of the parties before it will be effective.
IAFF -64
ARTICLE 16
TERM OF AGREEMENT
This Agreement shall be effective as of its ratification by both parties, and shall remain in force and effect
until September 30, 2018. It shall be automatically renewed from year to year thereafter, unless either
party notifies the other in writing at least sixty (60) days prior to the anniversary date that it desires to
modify this Agreement. In the event that such notice is given, negotiations shall begin no later than sixty
(60) days prior to the anniversary date. This Agreement shall remain in full force and effect during the
period of negotiations, unless either party gives the other party at least ten (10) days written notice of its
desire to terminate this Agreement, provided that such notice may not be given earlier than ten (10) days
prior to the anniversary date.
IAFF - 65
EXECUTED by the parties hereto on this —1 v► day of J v N t. 2019.
INTERNATIONAL ASSOCIATION CITY OF MIAMI BEACH, FLORIDA
OF FIRE FIGHTERS LOCAL 1510,
AFL-CIO-CLC
BY: .im/ By:
Adonis Garcia Ji my Mor:les
IAFF President Ci:y Manager
/ 11 II a
g .
Dan G- ber
-, or
By: _ �
rgilio Fernandez
Fire Chief
Approved by Vote of the City CommissionP./
s
on the IJday of rl �'sr , 2019 i.INCORP ORATED- *
ATTEST: (}/4 '�g
Date (ph b9
Rafael E. Granado
City Clerk
IAFF -66
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
(IAFF) LOCAL 1510
ELECTION OF REMEDY FORM
Grievance No.
1. I/We elect to utilize the Grievance Procedure contained in the current
Contract between the City of Miami Beach, Florida, and the IAFF. In making this election,
I/we understand that selection of another forum, as defined by the IAFF Contract, shall bar
any consideration of the Grievance under the IAFF grievance and arbitration Article.
2. I/We elect to utilize another forum, for my/our grievance, and in doing so, I/we understand
that this election shall bar any consideration of this matter under the IAFF grievance and
arbitration Article.
Signature Date
Subject of Grievance/Appeal:
IAFF -67
HEARING EXAMINER RULES
SECTION 1: REQUEST FOR HEARING: Any officer or employee may appeal from such disciplinary
action within ten (1 0) days after the delivery or mailing to him/her of such written notice,
by filing a written request for a hearing to the Hearing Examiner or his/her designee. If the
tenth day falls on a Saturday or Sunday, he/she will have the ability to file for an appeal on
the following Monday.
SECTION 2: DISCIPLINARY HEARINGS:
(a) The City Manager's designee for Labor Relations no later than ten (10) days after
receipt of such appeal, shall fix a place and time for holding a public hearing within
a reasonable time thereafter.Written notice of such time and place shall be delivered
or mailed promptly to both the Appellant and the Appointing Officer.
Only the Hearing Examiner may grant a continuance to either party for good and
sufficient cause. No continuance shall be granted to either party unless such
request for continuance is received in writing by the City Manager's designee for
Labor Relations at least ten (10) days prior to the date of said scheduled hearing of
appeal.
(b) The Hearing Examiner may, at the request of the Appointing Officer or the Appellant,
call or request any person or records for the purpose of ascertaining the facts.
(c)The Appointing Officer or a representative designated by him/her shall have the right
to be present at such hearing and to be represented by the City Attorney.
IAFF - 68
d) The Appellant shall have the right to be present at such hearing and to be
represented by an attorney of his/her choice. Said attorney shall be an attorney
duly admitted and licensed to practice in the State of Florida. In the event that the
Appellant does not retain an attorney, said Appellant may have an advisor of
his/her choice present. Such advisor shall not have the right to interrogate any
witnesses or to enter objections to any testimony or evidence presented to the
Hearing Examiner, nor may such advisor speak in the Appellant's behalf.
(e) The findings of the Hearing Examiner shall be based upon competent
substantial evidence of record
(f) The Appointing Officer shall have the burden of presenting evidence to
support the truth of the charges as contained in the written notice.
(g) The Appellant shall have the right to present evidence to refute the
charges brought against him/her.
(h) The Appellant shall have the right to be confronted by his/her accuser, and the
Appellant and the Appointing Officer shall each have the right to cross examine
the witnesses of the other.
(i) After both the Appointing Officer and the Appellant shall have presented their
testimony and evidence, the Hearing Examiner shall receive argument in
summation. The Appointing Officer shall have both the opening and closing
argument.
(j) After the completion of closing oral argument,the Hearing Examiner shall consider
the testimony and evidence presented before the Hearing Examiner to determine
the truth or untruth of the charges.
(k) Within five [5) working days after the completion of the hearing, the Hearing
Examiner shall issue his or her findings as to the truth or untruth of the charges in
writing. The City Manager's designee for Labor Relations shall promptly deliver or
IAFF - 69
mail a copy of such findings to the Appointing Officer and to the Appellant.
(I) A copy of the written statement given the officer or employee, a copy of any reply
thereto, and a copy of the findings of the Hearing Examiner shall be filed as a
Public Record in the employee's personnel file.
IAFF - 70
•
•
• City of Miami Beach
• - : Compensation Plan
( ( . I I I I ( I I -I
Effective:the first pay period ending in October 2018
Longevity 1=2.5% 2=5.0% 3=7.5% 4=10.0% 5=11.0%
7 years 10 years 15 years 20 years 25 years
Job Classification(Range)
STEP • 1• 2 3 A B C -D E F G H
5105 Fire Captain 116,054.19 121,856.91 127,949.75
4,463.62 4,686.80 4,921.14
80-Hour Shift • 55.80 58.59 . 61.51 -
96-Hour Shift 46.50 48:82 51.26
5107 . Fire Lieutenant 100,193.30 105,266.53 110,527.80
3,853.59 4,048.71 4,251.07
80-Hour Shift 48.17 50.61 53.14
96-Hour Shift 40.14 42.17 44.28
5110 - Firefighter I 49,817.97 52,748.41 55,678.85 58,609.29 61,514.39 64,606.68 .67,949.53 71,291.13 74,880.77 78,531.67 82,493.58 86,618.38
1,916.08 2,028.78 2,141.49 . 2,254.20 2,365.94 2,484.87 .2,613.44 2,741.97 2,880.03 3,020.45 3,172.83 3,331.48
80-Hour Shift 23.95 . 25.36 26.77 28.18 29.57 31.06 32.67 34.27 36.00 37.76 - 39.66 - . 41.64
96-Hour Shift •" 19:96 -21.13 22.31 23.48 24.65 25.88 27.22 _ 28.56 " 30.00 . 31:46 33.05 .34.70
City of Miami Beach
•
Compensation Plan
Effective the first pay period ending in October 2018
Lon.evity 1=2.5% 2=5.0% 3=7.5% 4=10.0% 5=11.0%
7years 10 years 15 years 20 years 25 years
Job Classification(Range)
STEP 1 2 . 3" A B C D E F G H I J K
5117 Fire Inspector I • 50,368.50 52,886.93 55,531.27 58,307.83 61,223.23 64,284.39 67,498.61 70,873.54 74,417.21 78,138.07 82,044.97
1,937.25 2,034.11 2,135.82 2,242.61 2,354.74, 2,472.48 2,596.10 2,725.91 2,862.20 .3,005.31 3,155.58
80-Hour Shift 2422 25.43 26.70 28.03 29.43 30.91 32.45 34.07 35.78 37.57 39.44
5116 Fire Inspector Supervisor . 78,557.96 82,485.86 86,610.15 90,940.66 95,487.69 100,262.07 ".105,275.17 110,538.92 116,065.86 .121,869.15 127,962.60
3,021.46 3,172.53 3,331.16 3,497.72 3,672.60 3,856.23 4,049.05 4,251.50 4,464.07 4,687.28 4,921.64
80-Hour Shift . . 37.77 39.66 41.64 43.72 45.91 48.20 50.61 53.14 "55.80 58.59 61:52
•
IAFF -71
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City of Miami Beach
Compensation Plan
I I I I I I I I I I I - .
Effective the first pay period ending in October 2020
Longevity.1=2.5% 2=5.0%. 3=7.5% 4=10.0% 5=11.0% •
7 years 10 years 15 years 20 years 25 years
Job Classification(Range)
STEP 1 2 3 A B C D E F G H
5105. Fire Captain 118,386.88 124,306.23 130,521.54
4,553.34 4,781.01 5,020.06
80-Hour Shift 56.92 59.76 62.75
96-Hour Shift 47.43 49.80 52.29
5107 Fire Lieutenant 102,207.18 107,382.39 112,749.41
3,931.05 4,130.09 4,336.52
80-Hour Shift - 49.14 51.63 54.21
96-Hour Shift. 40.95 43.02 45.17
5110- Firefighters 50,819.32 53,808.65 56,798.00 59,787.34 62,750.83 65,905.27 69,315.32 72,724.08 76,385.87 80,110.16 84,151.70 88,359.41
• 1,954.59 2,069.56 2,184.54 2,299.51 2,413.49 2,534.82 2,665.97 2,797.08 2,937.92 . 3,081.16 3,236.60 3,398.44
80-Hour Shift 24.43 25.87 27.31 28.74 30.17 31.69 33.32 34.96 36.72 38.51 40.46 42.48
96-Hour Shift 20.36 21.56 22.76 23.95 2514 26:40 27.77 29.14 30.60 32:10 33.71 35.40
City of Miami Beach
Compensation Plan
Effective the first pay period ending in October 2020 l
Lon.evity 1=2.5% . 2=5.0% 3=7.5% 4=10.0% 5=11.0%
7 years 10 years 15 years 20 years 25 years .
Job Classification(Range) .
STEP 1 2 3 A B C D EF GH I J - K
5117 Fire Inspector I 51380.91 53949.96 56,647.45 59,479.82 •62,453.82 65,576.51 63855.33 72,298.10 75,913.00 79,708.65 83694.07
1,976.19 2,075.00 2;178.75 2,287.69 2,402.07 .2,522.17 2,648.28 2,780:70 2,919.73 3065.72 3219.00
80-Hour Shift. 24.70 25.94 27.23 28.60 30.03 . 31.53 33.10 34.76 36.50 .38.32 40.24
5116 Fire Inspector Supervisor 80,136.97 :84,143.83 88,351.01 92,768.57 97,406.99 102,277.34 107,391.20 112,760.75 118,398.78 124,318.72 130,534.65
3,082.19 3,236.30 3,398.12 3,568.02 3,746.42 3,933.74 4,130.43 4,336.95 4,553.80 4,781.49 5,020.56
80-Hour Shift • 38.53 40.45 42.48 44.60 46.83 . 49.17 51.63 54.21 ._ 56.92 . : 59.77 .62.76
•
•
IAFF - 73