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RESOLUTION 93-20782 , 1 •• i 7 RESOLUTION NO. 93-20782 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH APPROVING THE TWO- YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 , FOR THE PERIOD OCTOBER 1, 1992 TO SEPTEMBER 30, 1994 . WHEREAS, the City Manager has submitted for consideration by the Mayor and City Commission of the City of Miami Beach, a Labor Agreement by and between the City of Miami Beach and the Fraternal Order of Police, William Nichols Lodge No. 8 , the bargaining agent certified by the Public Employees Relations Commission for employees covered by said agreement; and WHEREAS, such Labor Agreement for the period October 1, 1992 to September 30, 1994 , is attached herein as "Attachment A" ; and WHEREAS, the previous Labor Agreement was for the three year period October 1, 1988 to September 30, 1991 ; and WHEREAS, by mutual agreement, and approved by Resolution No. 92-20553 , that agreement was extended through September 30, 1992 ; and WHEREAS, the City Manager has recommended that the City Commission approve said labor agreement; and WHEREAS, the City Commission is familiar with the terms of the Labor Agreement and finds and determines that the entry into and the execution thereof for and in the name of the City of Miami Beach is in the best interest of the City of Miami Beach and its residents. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the aforesaid Labor Agreement between the City of Miami Beach and the Fraternal Order of Police, William Nichols Lodge No. 8 be and is hereby approved in accordance with and subject to the provisions of Chapter 447 , Part I I, Florida Statute, in the name of and on behalf of the City of Miami Beach, and that the financial officers of the City be and are hereby directed to make the disbursements called for by said Agreement from funds of the City available for such purposes and upon ratification by both parties. PASSED and ADOPTED this 5th day of M. 1993 . ilk 01 / Mayor ATTEST: '..FaAAAA City Clerk FORM APPROVED: '/-- 30 -- '73 City Attorney PFL:me 1 ti CITY OF MIAMI BEACH (:__1:::11 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE:(305)673-7010 FAX:(305)673-7762 COMMISSION MEMORANDUM NO. -93 TO: Mayor Seymour Gelber and DATE: May 5, 1993 Members of the City Commission FROM: Roger M.Ca' City Manager SUBJECT: APPROVING AND IMPLEMENTING THE LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POUCE(FOP),WILLIAM NICHOLS LODGE NO.8 FOR THE TWO(2)YEAR PERIOD COMMENCING OCTOBER 1,1992 TO SEPTEMBER 30, 1994 RECOMMENDATION: The Administration recommends that the City Commission approve and implement the Labor Agreement with the Fraternal Order of Police, (FOP) William Nichols Lodge No. 8 for the two-year period commencing October 1, 1992 to September 30, 1994, by taking the following action: A. Adopt the attached Resolution which approves the Labor Agreement with Fraternal Order of Police, William Nichols Lodge No. 8 for the two-year period commencing October 1, 1992 to September 30, 1994. B. Adopt on first reading and schedule a public hearing and second reading for May 19, 1993, the attached ordinance which amends Ordinance No. 789, providing for the following: 1. Bifurcation of the "Group II - Fraternal Order of Police" salary structure into Group II.A for employees hired before April 5, 1993 and Group II.B for employees hired on or after April 5, 1993. - 2. A two percent (2%) salary increase for classifications in Group II.A and Group II.B, effective April 5, 1993 3. A reduction of fifteen percent (15%) in Group II.B salary ranges. BACKGROUND: The FOP is an employee labor organization which represents 286 employees in various law enforcement job classifications. The previous Agreement with the FOP was for the three year period, covering October 1, 1988, through September 30, 1991. By mutual agreement, and approval by City Commission Resolution No. 92--20553, that contract was extended for an additional one (1) year to cover the period through September 30, 1992. 1 AGENDA 5.. ITEM DATE 5- 5-9 3 T T On Thursday, March 11, 1993, the Administration and two of the City's unions, the International Association of Fire Fighters (IAFF) and the Fraternal Order of Police (FOP) , reached tentative agreement on the major economic terms for their respective two-year labor contracts. Further negotiations on items specifically related to FOP were concluded on April 12, 1993. On April 24, 1993, the members of the FOP completed the process of voting 201 to 48, in favor of ratifing the Labor Agreement. PROPOSED AGREEMENT: The proposed Labor Agreement between the City of Miami Beach and the FOP was achieved after intense negotiations. Although the parties on each side of the bargaining table negotiated in their own best interests, the prime concern for both was returning the City's financial health and preserving the status and jobs of existing employees. These seemingly opposing objectives contributed greatly to the intensity of the negotiations and the urgency for agreement. The resulting Agreement includes the critical components of: 1) Wage and Pension Reform; 2) No Layoffs; and 3) Wage increases. HIGHLIGHTS OF THE AGREEMENT: Summary highlights of the major provisions of the recommended Agreement are as follows: A. PENSION REFORM • BIFURCATED PENSION PLAN ("Green Report") with some improvements to the widow's benefit and disability provisions for all new employees hired after May 19, 1993. • EARLY RETIREMENT INCENTIVE of 2 years of age or 2 years of service for eligible members, with a 60-day option . period. A second 60 day option period will occur on August, 1994. • OVERTIME FOR CALCULATING PENSION BENEFITS will reduce the current limit by 30%. • ADMINISTRATIVE EXPENSES for the employees pension plan will be borne by the plan assets. B. WAGE/SALARY RE FO RM • TWO-TIER SALARY PLAN reduced by 15% for all new employees hired after April 5, 1993 C. OTHER • WAGE SETTLEMENT for bargaining unit members as follows: 2.0% effective April 1, 1993 2.0% effective October 1, 1993 2.0% effective January 1, 1994 0.5% effective June 1, 1994 • ACCUMULATED LEAVE BALANCES for sick leave or vacation balances will be paid in lump-sum or 2 installments, at employees' option. • NO LAYOFFS for the term of contract except for disciplinary purposes. • ALLOWANCES for clothing and cleaning to be increased by $20 and $25 per month, respectively. The complete Labor Agreement is attached herein as "Attachment A". 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RECOGNITION . . . . . . . . . . . . . . . . . 2 ARTICLE II. DEDUCTION OF DUES J} f 2 Section 1. Checkoff . . . . . . . . . . . . . . . . . 2 Section 2 . Legal Services Trust Fund . . . . . . . . . 3 Section 3 . Indemnification. . . . . . . . . . . . . . . 3 ARTICLE III. GRIEVANCE PROCEDURE . . . . . . . . . . . . . 4 Section 1. Definition of Grievance and Time Limit for Filing . . . . . . . . . . . . 4 Section 2. Grievance Procedure . . . . . . . . . . . . 4 Step1 . . . . . . . . . . . . . . . . . . . 5 Step2 5 Section 3 . Binding Arbitration . . . . . . . . . . . 5 Section 4 . Authority of Arbitrator . . . . . . . . . 6 Section 5. Expenses of Arbitration 7 Section 6. Processing Grievances 7 Section 7. Disputes Involving Personnel Rules. . . . 7 Section 8. Election of Remedies 7 Section 9 . Probationary Period 8 Section 10. FOP Grievance Committee 8 Section 11. Waiver of Time Limitations or Steps . . . 9 ARTICLE IV. NO STRIKE AND NO LOCKOUT 9 Section 1. No Strike 9 Section 2 . No Lockout . . . . . . . . . . . . . . . . 9 ARTICLE V. MANAGEMENT RIGHTS 9 ARTICLE VI. POLICE EQUIPMENT 10 Section 1. Equipment. . . . . . . . . . . . . . . . . 10 ARTICLE VII. HOURS OF WORK AND OVERTIME 11 Section1. Purpose . . . . . . . . . . . . . . . . . 11 Section 2 . Normal Workweek . . . . . . . . . . . . 11 Section 3 . Four-Day Workweek . . . . . . . . . . . . . 12 Section 4 . Weekly Overtime 12 Section 5. Distribution of Overtime Opportunity . . . 12 Section 6. No Pyramiding. . . . . . . . . . . . . . . 13 Section 7. o . . . . . . . . . . . . . . . . . . . . 13 ARTICLE VIII. WAGES AND FRINGE BENEFITS . . . . . . . . . 13 Section 1. Wages . . . . . . . . . . . . . . . . . . 13 A. Wage Increase . . . . . . . . . . . . 13 B. Second Year Wage . . . . . . . . . . . 13 - i - Page Number Section 2 . Entry Level Pay . . . . . . . . . . . . . . 14 Section3 . . . . . . . . . . . . . . . . . . . . . . . 14 Section 4 . Merit and Longevity Increases . . . . . 14 Section 5. Shift Differential . . . . . . . . . . . . . 14 Section 6. Holidays . . . . . . . . . . . . . . . . . . 15 Section 7 . Vacation Benefits . . . . . . . . . . . . . 15 Section 8 . Sick and Vacation Leave Accrual and Payment on Termination . . . . . . . . . 16 Section 9 . Bereavement . . . . . . . . . . . . . . . . 16 Section 10. Court Time Compensation . . . . . . . . . . 17 Section 11. Out-of-Classification Pay . . . . . . . . . 17 Section 12. Standby Pay . . . . . . . . . . . . . . . . 18 Section 13 . Call-In Pay . . . . . . . . . . . . . . . . 18 Section 14. Sunglasses and Prescription Glasses . . . . 18 Section 15. Field Training Officer . . . . . . . . . . . 19 Section 16. Injury Service Connected . . . . . . . . . . 19 Section 17. Special Assignment Allowance . . . . . . . . 20 Section 18. Extra Weapon . . . . . . . . . . . . . . . . 21 Section 19. Pension . . . . . . . . . . o . . . . . . . 21 A. New Bargaining Unit Hires. 21 B. Early Retirement . . . . . . . . . . . 22 C. Current Employees 22 Overtime 22 D. Administrative Expenses 22 E. Buck Consultants to Prepare Language Changes . . . . . . . . . . 22 F. Prudent Man Rule 23 ARTICLE IX. F.O.P. HEALTH TRUST 23 Section 1 23 Section 2 24 Section 3 24 Section4 . . . . . . . . . . . . . . . . . . . . . . 24 Section 5 24 Section6 . . . . . . . . . . . . . . . . . . . . . . 25 Section7 . . . o . . . . o . . . . . . . o o . . . . 25 ARTICLE X. EDUCATIONAL LEAVE AND TUITION REFUND . . . . 25 ARTICLE XI. GENERAL PROVISIONS 26 Section 1. Safety and Health 26 Section 2 . FOP Activity and Non-Discrimination . . . 26 Section 3 . Reduction In Work Force . . . . . . . . . 26 Section 4 . Uniforms and Clothing Allowance . . . . . 27 Section 5. Disclosure of Records . . . . . . . . . . 28 Section 6. Transfers . . . . . . . . . . . . . . . . 28 - ii - t s Page Number Section 7. Meeting Between Parties 28 Section 8 . Negotiating Sessions . . . . . . . . . . 29 Section 9. Job Descriptions . . . . ,.. . �,.. . . .. . 29 Section 10. Defense of Members . . . . . . . . . . . . 29 Section 11. Personnel Rules and Departmental Manual . 30 Section 12 . Incorporation of Personnel Rules . . . . 30 Section 13 . Medical Leave of Absence . . . . . . . . . 30 ARTICLE XII. SEPARABILITY . . . . . . . . . . . . . . . . 30 ARTICLE XIII. TIME BANK . . . . . . . . . . . . . . . . . 31 ARTICLE XIV. DRUG TESTING . . . . . . . . . . . . . . . . 33 ARTICLE XV. HEART DISEASE PRESUMPTION . . . . . . . . . 34 ARTICLE XVI. PROMOTIONS . . . . . . . . . . . . . . . . . 34 Section1 . . . . . . . . . . . . . . . . . . . . . . 34 Section2 . . . . . . . . . . . . . . . . . . . . . . 35 Section3 . . . . . . . . . . . . . . . . . . . . . . 35 Section4 . . . . . . . . . . . . . . . . . . . . . . 36 Section 5. Seniority Points . . . . . . . . . . . . . 36 Section 6. Book Committee . . . . . . . . . . . . . . 36 Section 7 . Examination Scoring . o . . o m . o o . . 37 Section8 . . . . . . . . . . . . . . . . . . . . . . 37 Section 9 37 ARTICLE XVII. F.O.P. PRESIDENT 37 Section1 . . . . . . . . . . . . . . . . . . . . . . 37 Section 2 38 ARTICLE XVIII. LABOR/MANAGEMENT COMMITTEE 39 ARTICLE XIX. ENTIRE AGREEMENT 39 ARTICLE XX. TERM OF AGREEMENT 40 eo ® AGREEMENT THIS AGREEMENT, made and entered into this 10th day of June , 1993 , by and between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City") , and the MIAMI BEACH FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 (herein called the "FOP") . PREAMBLE WHEREAS, the FOP has been selected as the sole and exclusive bargaining representative by a majority of employees in the certified bargaining unit set forth in Article I, and has been recognized by the City pursuant to the laws of the State of Florida as the sole and exclusive bargaining representative for said employees; and WHEREAS, it is the intention of the parties to this Agreement to provide in manner which is binding and superior to ordinances and personnel rules of the City, for a salary schedule, fringe benefits, and conditions of employment of the employees covered by this Agreement, and to provide for the continued and efficient operation of the City's Police Department: and to provide for an orderly and prompt method of handling and processing grievances; and WHEREAS, the FOP and the City agree to seek and maintain high standards for the operation of the Police Department; NOW, THEREFORE, the parties agree as follows: 1 w • ARTICLE I. RECOGNITION The City recognizes the FOP as the sole and exclusive bargaining representative for the purpose of wages, hours, and other terms and conditions of employment for employees in the following classifications in the Police Department (hereafter "employees") : Trainees Police Officers Sergeants Lieutenants Detention Officers All other employees in other existing classifications are specially excluded. ARTICLE II. DEDUCTION OF DUES Section 1. Checkoff. Upon receipt of a lawfully executed written authorization from an employee which is presented to the City by an official designated by the FOP in writing, the City agrees during the term of this Agreement to deduct bi-weekly FOP dues of such employees from their pay and remit such deductions to the FOP Treasurer within fourteen (14) calendar days however, such authorization is revocable at the employee's will upon thirty (30) days' written notice to the City and the FOP. The City agrees to use diligence in making prompt delivery of monies owed to the FOP. The charge for dues deductions shall be calculated by multiplying one average run of checkof f s by four and multiplying the product by - 2 - i 1 • seven cents (7 ) . The City shall notify the FOP of the amount owed no later than September 1 of each year. The FOP shall make payment to the City no later than September 30 of each year. The FOP will notify the City in writing of the exact amount of such uniform membership dues to be deducted. The FOP will notify the City thirty (30) days prior to any change in its dues structure or if there are additions or deletions to the established checkoff list. Section 2 . Legal Services Trust Fund. If the FOP establishes a Legal Services Trust Fund, upon receipt of a lawfully executed written authorization from an employee which is presented to the City by an official designated by the FOP in writing, the City agrees during the term of this Agreement to take bi-weekly deductions from such employees from their pay and remit such deductions to the Trustee within fourteen (14) calendar days; however, such authorization is revocable at the employee's will upon thirty (30) days' written notice to the City and the FOP. There will be no charge to the FOP for Legal Services Trust Fund deductions. The FOP will notify the City in writing of the exact amount of such uniform Legal Services Trust Fund deductions. The FOP will notify the City thirty (30) days prior to any change in the deduction structure or if there are additions or deletions to the established Legal Services Trust Fund deduction structure. Section 3 . Indemnification. The FOP agrees to indemnify and to hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result 3 - r r r 1 ! t of any action taken or not taken by the City under the provisions of this Article; provided, that the City will not be indemnified or held harmless for any intentional tort. This indemnification is not intended to cover claims made by, or on behalf of the FOP. ARTICLE III. GRIEVANCE PROCEDURE Section 1. Definition of Grievance and Time Limit for Filing. A grievance is a dispute involving the interpretation or applica- tion of the express terms of this Agreement, excluding matters not covered by this Agreement or where Personnel Board rules and regulations are involved; provided that disciplinary actions, including discharges, may be grieved under this Article. No grievance shall be entertained or processed unless it is submitted within ten (10) workdays (excluding Saturday, Sunday, or holidays recognized by the City) after the occurrence of the first event giving rise to the grievance or within ten (10) workdays after the employee, through the use of reasonable diligence, should have obtained knowledge of the occurrence of the first event giving rise to the grievance. Section 2 . Grievance Procedure. The FOP shall have the right to initiate and process grievances on its own behalf or on behalf of named members of the bargaining unit. However, the FOP shall have the right in its sole discretion not to process grievances on behalf of bargaining unit members who are not members of the FOP, provided it notifies said employee of its decision not to proceed. Grievances shall be processed, individually, as follows: - 4 - Step 1: The grievance shall be presented in writing to the employee's unit or division commander or a desig- nated representative, who shall answer within five (5) workdays after such receipt. The employee will also provide the FOP with a copy of said grievance. Step 2: If the grievance is brought by the FOP on its own behalf, or if the grievance is brought on behalf of an individual (s) and is not settled in Step 1 and an appeal is desired, it shall be referred in writing to the Chief or his designee. The Chief shall discuss the grievance within five (5) work- days with the employee and the FOP grievance com- mittee at a time designated by the Chief. If no settlement is reached, the Chief shall give the City's written answer to the employee and the FOP grievance committee within five (5) workdays following their meeting. Step 3 : If the grievance is not settled in Step 2 and both the employee and FOP grievance committee desire to appeal, or if it is a class grievance filed by the FOP and at least one employee of the named class and FOP grievance committee desire to appeal, it shall be appealed in writing to the City Manager or his representative within five (5) workdays after the City's answer in Step 2 . A meeting between the City Manager or his representative, the employee, and the FOP grievance committee shall be held at the time designated by the City Manager within ten (10) workdays. If no settlement is reached, the City Manager shall give City's written answer to the employee and the FOP grievance committee within ten (10) workdays following the meeting. Section 3 . Binding Arbitration. If the grievance is not resolved in Step 3 of the grievance procedure, the FOP grievance committee, with the concurrence of the employee who filed the grievance, or if it is a class grievance filed by the FOP, with the concurrence of at least one employee of the named class, or if it is a grievance filed by the FOP on its own behalf, may refer the grievance to binding arbitration within five (5) workdays after receipt of the City's answer in Step 3 . The parties shall attempt to agree upon an arbitrator within ten (10) workdays after receipt - 5 - 1 ( 1 of notice of referral and in the event the parties are unable to agree upon an arbitrator within said ten (10) workday period, the parties shall jointly request the Federal Mediation and Concili- ation Service to submit a panel of five (5) arbitrators. Both the City and the FOP shall have the right to strike two names. The name remaining after the City strikes shall be the arbitrator. The arbitrator shall be notified of his selection within five (5) workdays by a joint letter from the City and the FOP requesting that he advise the parties of his availability for a hearing. The parties may select a permanent arbitrator in lieu of the selection procedure set forth in this section. Section 4 . Authority of Arbitrator. The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of this Agreement. He shall consider and decide only the specific issue submitted to him in writing by the City and the FOP, and shall have no authority to make a decision on any other issue not so submitted to him. The arbitrator shall submit in writing his decision within thirty (3 0) days following the close of the hearing or the submission of briefs by the parties, whichever is later, provided that the parties may mutually agree in writing to extend said limitation. The decision shall be based solely upon his interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. If the arbitrator acts in accordance with this Section, the decision of the arbitrator shall be final and binding. - 6 - Section 5. Expenses of Arbitration. The fee and expenses of the arbitrator and the cost of a written transcript shall be divided equally between the City and the FOP; provided, however, each party shall be responsible for compensating its own repre- sentatives or witnesses. Section 6. Processing Grievances. All grievance discussions and investigations shall take place in a manner which does not interfere with the operation of the Police Department. Any time spent by the Grievance Committee of the FOP in discussions or processing grievances at Step 1, 2, or 3 during their working hours shall not result in a loss of earnings or benefits. Section 7. Disputes Involving Personnel Rules. Notwith- standing anything in this collective bargaining agreement to the contrary, no grievance claim, dispute, or matter which involves the application, interpretation, or enforcement of Personnel Rules and/or Regulations, shall be the subject of a grievance under this collective bargaining agreement; nor shall any dispute which has been commenced under this grievance procedure be further processed under this Contract if it is brought to the Personnel Board or any subsidiary committee of such Board. Section 8 . Election of Remedies. The grievance procedure set forth in this collective bargaining agreement shall not be utilized for any dispute, claim, or charge which is the subject, in whole or in part, of any matter pending in any court, or before any board, commission, agency, council or other governmental body, regardless of the manner in which the matter is brought to the other forum by - 7 - M w either employee(s) or FOP. Selection of another forum shall be deemed an exclusive election and bar any consideration of the matter under this collective bargaining agreement. Any grievance which is processed under this contractual procedure and is settled in favor of the City or which is dismissed by an arbitrator shall not thereafter be appealed or referred to the Personnel Board, City Commission, or any other governmental board, commission, or agency. Section 9. Probationary Period. Nothing herein shall in any way affect the discretion presently accorded the Chief of Police with respect to employees in their probationary period following hire or in their probationary period following promotion. It is specifically understood by the parties that the exercise of the Police Chief's discretion in this regard shall not in any way be subject to the grievance procedure set forth herein. Section 10. FOP Grievance Committee. The FOP shall appoint a Grievance Committee of not more than three (3) members, and shall notify in writing the Police Chief and the City Manager of the name or names of the employee or employees serving on this committee and of any changes in the numbers of this committee. The members of this committee may not conduct any investigation while on duty without receiving the permission of the Police Chief, or in his absence, the duly authorized representative acting in his behalf; however, such permission shall not be unreasonably withheld. Department clerical personnel will not be used by the grievance committee in grievance matters. The grievance committee shall not - 8 - unreasonably use other departmental resources for the purpose of conducting grievance-related work. Section 11. Waiver of Time Limitations or Steps. The parties may mutually agree in writing to extend any of the time limitations set forth above for the processing of grievances and may also waive any of the intermediate steps of the grievance procedure in writing. ARTICLE IV. NO STRIKE AND NO LOCKOUT Section 1. No Strike. The parties hereby recognize the provisions of Chapter 447, Florida Statutes, which define strikes, prohibit strikes, and establish penalties in the case of a strike, and incorporate those statutory provisions herein by reference. Section 2 . No Lockout. The City will not lockout any employees during the term of this Agreement as a result of a labor dispute with the FOP. ARTICLE V. MANAGEMENT RIGHTS It is recognized that except as stated herein, the City shall retain all rights and authority necessary for it to operate and direct the affairs of the City and the Police Department in all of its various aspects, including, but not limited to, the right to direct the work force; to plan, direct, and control all the operations and services of the Police Department; to determine the methods, means, organizations, and personnel by which such - 9 - operations and services are to be conducted; to assign and transfer employees; to schedule the working hours; to hire and promote; to demote, suspend, discipline or discharge for just cause, or relieve employees due to lack of work or for other legitimate reasons; to make and enforce reasonable rules and regulations; to change or eliminate existing methods, equipment, or facilities; provided, however, that the exercise of any of the above rights shall not conflict with any of the expressed written provisions of this Agreement and that a grievance may be filed alleging such a conflict. The City shall not employ more than thirty-eight (38) Reserve Police Officers. No Reserve Police Officers will be authorized to perform off-duty work as a police officer, unless reasonable efforts to fill an off duty job with bargaining unit members fails. Any Reserve Police Officer who is called to work an off-duty job will do it without remuneration. ARTICLE VI. POLICE EQUIPMENT Section 1. Equipment. The City agrees to continue the current policy of issuing equipment which includes shirts, pants, shoes, leather, department-issued weapons, ammunition, handcuffs, night sticks, light and heavy jackets, rain gear and traffic templates. Additionally, the City will supply an initial issue whistle to all patrol officers. Replacement of whistles shall be at the officer's expense. To the extent that a flashlight is a required article of equipment, the City shall provide it. The City - 10 - 1 i r will reimburse employees for the cost of replacement of protective vests up to a maximum of $450. 00, when needed, provided there are sufficient forfeiture funds available to do so. If the present law changes so that forfeiture funds cannot be used for purchase of vests, this provision shall be renegotiated. Necessary ammunition will be issued to each employee every twelve (12) months to guarantee reliability of the ammunition. ARTICLE VII. HOURS OF WORK AND OVERTIME Section 1. Purpose. This Article is intended to define the normal hours of work and to provide the basis for the calculation and payment of overtime. It shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week. Section 2 . Normal Workweek. The normal workweek shall consist of forty (40) hours per week and such additional time (subject to Section 4 and 5 below) as may from time to time be required in the judgment of the City to serve the citizens of the City. The workweek shall begin with the employee's first regular shift each week. All hours scheduled in the normal workday will be consecutive. An employee called in early in advance of his normal shift starting time will not be sent home early on such day for the purpose of avoiding overtime unless such employee is in agreement with the request to leave early; provided, however, that except as limited by Section 3 below, the City shall retain its right to establish and modify normal work schedules. - 11 - Section 3 . Four-Day Workweek. The City shall extend the pre- sent policy of a four (4) day workweek to all employees in the bargaining unit except employees on light duty because of injuries or illness which are not service connected. Employees who suffered a service-connected injury or illness and who are permitted to work light duty may work up to 32 weeks, measured non-consecutively from the date of injury, on light duty on a 4-10 schedule, or to receive ISC payments for 32 weeks, or a combination of both. Thereafter, the officer may be assigned to work a 5-8's shift in a light duty assignment during the pendency of his/her light duty. Section 4. Weekly Overtime. For all hours worked in excess of forty (4 0) hours during an employee's workweek, the City will pay the employee one and one-half (1-1/2) times the employee's straight time hourly rate of pay. The current policy for calcu- lating hours worked will remain in effect. Section 5. Distribution of Overtime Opportunity. A. Overtime is recognized as being of three (3) general types within the Police Department: 1. Overtime for work carried over from an employee's regular duty assignment (e.g. , uniform officer on arrest; detectives' on-going investigations) . "Carry-over Over- time. " "Carry-over Overtime" shall not be sub- ject to equal distribution rules. 2 . Overtime due to staffing needs. "Staffing Overtime" 3 . Overtime for planned events or assignments. "Special Event Overtime. " "Special Event Overtime shall be dis- tributed on a rotating basis, as equally as - 12 - practicably possible, among employees in the particular work unit (for "Staffing Overtime") or division (for "Special Event Overtime") who are qualified to perform the particular over- time work, by departmental seniority. Employees who are not in the particular work unit or division will not be assigned to Staffing Overtime or Special Event Overtime unless reason- able attempts to assign employees from within the work unit or division have failed. B. Records for Staffing Overtime will be maintained at the Platoon or work section level. Records for Special Event Overtime will be maintained at the Division level. C. Pay for overtime work will be paid no later than the second pay period in the month following the month in which the overtime is worked. Section 6. No Pyramiding. Compensation shall not be paid more than once for the same hours. Section 7 . The parties agree that the subject of schedules, holidays and transfers for the purpose of avoiding overtime shall be re-opened in July 1993 . ARTICLE VIII. WAGES AND FRINGE BENEFITS Section 1. Wages. A. Wage Increase Effective April 5, 1993 , all bargaining unit employees shall receive a two percent (2%) across-the-board increase. B. Second Year Wage Effective the payroll period nearest to October 1, 1993 , all bargaining unit employees shall receive a two percent (2%) across-the-board increase. Effective the payroll period nearest to January 1, 1994, all bargaining unit employees shall receive a two percent (2%) across-the-board increase. - 13 - 1 1 i Effective the payroll period nearest to June 1, 1994 , all bargaining unit employees shall receive one-half of one percent (0. 5%) across-the-board increase. Section 2 . Entry Level Pay Persons hired at the entry level will remain at the entry level pay step for the duration of their probationary period. Section 3 . All employees hired after the execution of this Agreement shall be paid on a base salary schedule which is fifteen percent (15%) lower than the schedule for current employees. This provision will be re-negotiated if the City can not fill its personnel needs or during negotiations for a successor agreement, whichever occurs first. Section 4 . Merit and Longevity Increases All merit and longevity increases shall become effective on the payroll period commencing nearest the effective date. Section 5. Shift Differential. At the time this Agreement was executed, the City maintained three standard shifts of work to- wit: a first shift starting approximately 11: 00 p.m. ; a second shift (also called "Day Shift") starting approximately 7 : 00 a.m. ; and a third shift (also called "Afternoon Shift") starting approximately 4: 00 p.m. For all work by the third shift performed after 4 : 00 p.m. , a shift differential pay of thirty-two cents (32 ) per hour shall be added to the employee's hourly rate; for a l l work by the first shift performed after 11: 00 p.m. , a shift differential pay of fifty-two cents (5 2 ) per hour shall be added to the employee's hourly rate. - 14 - If the City rearranges the shift scheduling or establishes any new shift, shift differential pay shall follow the above formula based on the time period in which a majority of hours are worked by the employee. Thus, if a majority of the non-standard shift hours are after 4 : 00 p.m. , all the shift differential pay for all post 4 : 00 p.m. hours shall be thirty-two cents (32 ) per hour. If a majority of the non-standard hours are after 11:00 p.m. , all the shift differential pay for all post 11: 00 p.m. hours shall be fifty-two cents (5 2 ) per hour. Section 6. Holidays. Consistent with the City Commission holiday resolution and current department practices, the holiday benefits presently enjoyed by the employees covered by this Agreement shall continue for the term of this Agreement. Employees shall be paid double time for all hours worked on a holiday. Employees whose day off falls on a holiday shall be given another day off if they work on that holiday. Section 7 . 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. After January 1, 1975, vacation days shall not accumulate from year to year, but rather must be taken in the vacation year granted; provided, however, amounts accrued prior to January 1, 1975 were not impaired by this change. In the event an employee is not allowed to take a vacation because of scheduling by the City, he will, at the option of the City, either be paid in lieu of vacation time not used, or be allowed to accumulate into - 15 - v • 1 the next calendar year pursuant to existing rules governing accumulation. However, in no event shall an employee be penalized by losing accumulated vacation time because he was unable to use it because of departmental needs. This section shall not apply to sick leave accumulation. Section 8 . Sick and Vacation Leave Accrual and Payment on Termination. The present policy concerning sick leave, including the policy for payment of accrued sick and vacation time combined, up to a maximum of one year's salary, upon termination, retirement, or death, shall continue for all employees hired before October 1, 1978 . Effective October 1, 1978, all new employees covered by this Agreement shall, under applicable ordinances, rules, and regu- lations, be allowed no accumulation of vacation leave except in accordance with provisions for postponement of vacation leave as set forth in Article VIII, Section 4 , of this Agreement; be permitted to transfer sick leave in excess of 360 hours to vacation leave at the rate of two days' sick leave to one day vacation leave to be used in the pay period year when transferred; be permitted a maximum payment at time of termination, death, or retirement of 360 hours' vacation leave and one half of sick leave to a maximum of 360 hours. Section 9. Bereavement. When there is a death in the immediate family (mother, father, grandparents, grandchildren, current spouse's parents, brother, sister, current spouse, children or stepchildren) of an employee, he or she shall be allowed two (2) days off each death for the purpose of making arrangements and/or - 16 - 1 ' f attending the funeral, without loss of pay and without charge to accrued sick leave or vacation days of said employee. In such circumstances, additional time off may be granted at the discretion of the Chief of the Police Department, and shall be chargeable to the accrued sick or vacation leave of such employee. Requests for additional time off shall be submitted in writing to the Chief. Section 10. Court Time Compensation. For attendance at court during off-duty hours for purposes related to employment with the City, employees shall be provided with time and one-half pay for such time spent at court with the following minimum hourly guarantees: (a) During an employee's off-duty hours, a minimum of three (3) hours per day shall be guaranteed. However, if the employee's first court appearance begins within one (1) hour of the start of his/her shift or ends within one (1) hour after the end of his/her shift, a minimum of two (2) hours per day shall be guaranteed. (b) For the employee's second off-duty appearance in the same day, an additional two (2) hour minimum shall apply after the expiration of three hours (or two hours if the initial two-hour minimum was in effect) . (c) For the employee's third off-duty appearance in the same day, an additional one (1) hour minimum shall apply after the expiration of five hours (or four hours if the initial two-hour minimum was in effect) . Section 11. Out-of-Classification Pay. When an employee is assigned by the shift commander to perform at the level of a higher rank, he shall be paid for the duration of the assignment at an hourly rate of pay of one dollar ($1. 00) higher than his/her regular rate; provided that this shall in no way constitute an 17 obligation to assign an employee to a higher classification under any circumstances and it is recognized that the City retains the right to determine when and for how long an employee will be temporarily assigned to a higher classification. Section 12 . Standby Pay. When an employee is placed on standby during off-duty hours by order of the shift commander for the purpose of being available to return to duty to handle emergency crowd control or natural disasters, he will be paid one-half (1/2) of his regular base rate for all standby time up to a maximum of eight (8) full-time hours in a twenty-four (24) hour period starting with the time he is notified to stand by. Standby remuneration shall cease at the earlier of sixteen (16) hours in a twenty-four (24) hour period or when the employee is notified by order of the shift commander that the standby order is rescinded. Standby hours shall not be considered as hours worked for purposes of overtime. Section 13 . Call-In Pay. An employee who is called in to work outside of his normal tour of duty will be paid a minimum of two (2) hours' compensation at a rate of time and one-half the regular hourly rate, except when contiguous to the employee's regular schedule. Section 14 . Sunglasses and Prescription Glasses. The City agrees to reimburse employees for the purchase or repair of sunglasses and prescription eyeglasses with a maximum allowable reimbursement of sixty ($60. 00) dollars per employee in a twelve (12) month period, when they are lost or damaged while the employee - 18 - s r is engaged in active police work such as arrests, pursuit, physical conflict or vehicular accidents. Section 15. Field Training Officer. When an employee who has completed the field training officer program is assigned to on-duty training of a trainee or new police officer, the field training officer will receive an additional $1. 00 per hour for each hour(s) he is assigned to train. Section 16. Injury Service Connected. For a period of thirty-two (32) weeks, the City agrees to compensate any member of the bargaining unit with the difference between the weekly disability workers' compensation benefit received or which the employee is entitled to receive, and his or her regular rate of pay for any time lost from work due to injuries sustained under the following circumstances: 1. While on duty and entitled to be paid by the City; or 2 . While reasonably exercising police officer functions within the City limits of Miami Beach while off duty; or while working a departmentally sanctioned off-duty job; or 3 . While exercising police officer functions when there is a physical danger to a person and the employee takes reasonable action off duty in Dade or Broward or Palm Beach County; or 4. When operating a City vehicle, being duly autho- rized to do so by the City; or while on a reason- ably direct travel route to or from work and home in their private vehicle while within the City limits. 5. In the circumstances described above (subparagraphs 1 through 4) , the City agrees that it is and will consider itself the employer and the employee the City's employee. 19 ' y After the advice and comments of the Police Chief and the FOP President, the City Manager, at his sole discretion, may extend the above-described I.S.C. payments beyond thirty-two (32) weeks. This decision is not subject to grievance or arbitration. The approvals for receipt of this compensation as presently required shall be continued. Section 17 . Special Assignment Allowance. Employees assigned on a permanent basis to motorcycles shall receive a special assignment pay of five percent (5%) in accordance with existing practice. Employees assigned on a permanent basis to SWAT shall receive a special assignment pay of five percent (5%) upon review and approval by the City Manager. The Police Chief shall issue regulations dealing with such special assignments, and the five percent (5%) SWAT pay need not be paid in addition to the motor- cycle premium set forth above. Employees assigned to work a 5-8 shift shall receive a special assignment pay of two and one-half (2-1/2%) percent. Employees who are on 5-8 light duty because of non-service connected injury or illness shall not receive the special assignment pay. Employees who are on 5-8 light duty because of service-connected injury or illness, where the City doctor approves a 40-hour work schedule, and who have demonstrated the ability to work a 40-hour workweek, shall receive the special assignment pay for all hours worked on 5-8's. If the ISC light duty employee takes off work and receives - 20 - I.S.C. payments, the employee will not receive the 2-1/2% special assignment pay for time not worked. Section 18 . Extra Weapon. Employees will be allowed to carry a concealed, extra weapon while on duty, as approved by the range master. Section 19. Pension. The following changes in pension benefits are hereby agreed to: A. New Bargaining Unit Hires. Effective upon the signing of this Agreement, the City will modify the City's Supplemental Pension Fund for Firemen and Policemen in the City of Miami Beach, Florida, to provide a bifurcated pension plan for new bargaining unit hires who will become members of the new pension plan as summarized below: EMPLOYEES: Members of the system, hired on or after the signing of the contract. BENEFIT: 3% per year served COMPENSATION: Base pay and longevity VESTING: Incremental at 10% per year over 10 years. RETIREMENT: 55 years with 10 years of service COLA: 1. 5% not compounded per year of retirement DISABILITY: Not Service Connected - over 5 years contin- uous service, not less than 50% Service Connected - with any service, not less than 75%. DEATH: Service Connected - not less than 85% BENEFICIARY: 50% to beneficiary as standard benefit FAME Average highest 3 years/maximum 80% EMPLOYEE - 21 - f 1 I CONTRIBUTION: 10% OTHER: Any other benefits not specifically included herein, remains as in the Supplemental Plan. B. Early Retirement. Eligible members electing to retire, shall have the option of choosing either 2 years of age or 2 years of service towards retirement. The period for this election shall commence ten (10) days following the signing of this Agreement and shall continue for a window period of sixty (60) days. A second window period for sixty (6 0) days duration shall be offered to eligible members during fiscal year 1993/94 . This window period shall be August 2 through September 30, 1994 . Eligible members shall mean members who have attained at least 48 years of age and 10 years of creditable service C. Current Employees. Overtime. Effective October 1, 1994 , annual overtime included for the purpose of calculating average monthly salary is limited to the difference between the employee's annualized pay rate at retirement and seventy percent (70%) of the highest annualized pay rate for the next higher salary rank. Prior to October 1, 1994 , overtime calculations shall continue as currently provided. D. Administrative Expenses. Administrative expenses for the system shall be paid from the plan assets. E. Buck Consultants to Prepare Language Changes. The actuarial and technical language is to be prepared by Buck Consultants, approved by the City and the FOP and the International - 22 - Association of Fire Fighters, Local 1510, and adopted by the Board of Trustees. F. Prudent Man Rule. "Investment of Funds" - The City and the FOP agree that the Police and Fire Pension plans shall adopt the Prudent Man Rule for investment of funds, as follows: The trustees shall, in acquiring, investing, reinvesting, exchanging, retaining, selling, or managing property for the benefit of the City Supplemental Pension Fund for Firemen and Policemen in the City of Miami Beach, exercise the judgment and care under the circumstances then prevailing, which men of prudence, dis- cretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income, as well as the probable safety of their capital. Within the limits of the foregoing standard, a trustee is authorized to acquire and retain every kind of property, real, personal or mixed, and every kind of investment specifically including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, which men of prudence, discretion and intelligence acquire or retain for their own account, and within the limitations of the foregoing standard, a trustee may retain property acquired, without limitation as to time and without regard to its suitability for original purchase. ARTICLE IX. F.O.P. HEALTH TRUST Section 1. The City shall contribute to the F.O.P. Health Trust ninety percent (90%) of its per employee or family PPO payment it pays on account of its own Health Plan. The City shall also contribute to the Trust the amount of premium it is paying for - 23 - term life insurance for covered employees and covered retirees. In the event there is a change in the law which increases the cost of the delivery of medical care provided by the Trust, this Article shall be reopened at the request of the F.O.P. For the term of this Agreement, the City's contribution to the F.O.P. Health Trust shall not be decreased. Section 2 . (a) All eligible employees described in Section 7 shall enroll in the F.O.P. Health Trust Plan and shall thereafter not be a part of the City Plan. (b) A non-bargaining unit sworn police officer who elects to enroll in the F.O.P. Health Plan may apply to the Trust and will be enrolled upon leave of the Trustees, and thereafter will be deemed to be a covered employee provided he or she meets the following criteria: (i) Must be on the City Police Department Payroll at the time of enrollment; (ii) Must be an F.O.P. member for two years (or length of time in Department if less than two years) prior to enrollment, and must maintain membership throughout the period of coverage; (iii) Must meet insurability criteria satisfactory to Trustees; and (iv) Must make the election within thirty (30) days after appointment out of the bargaining unit. Section 3 . All covered employees and covered retirees shall be allowed to continue under the City's Dental Plan as it may exit. Section 4 . The City's Insurance Plan shall be responsible for the runoff of all claims incurred prior to the time the F.O.P. Health Trust Plan went into effect. Section 5. The City shall be provided with a copy of the F.O.P. Health Trust Plan booklet and the Trust Agreement, and any - 24 - other information required by law and shall be apprised of any changes in the Trust Agreement and/or Plan benefits. Additionally, a copy of the Trust's annual C.P.A. audit report shall be sent to the City Manager and the Trust or their designee shall in a reasonable time period answer reasonable inquiries concerning the finances of the Trust. Section 6. The F.O.P. shall indemnify and hold the City harmless against any claim, demand, suit, or liability, and for all legal costs arising in relation to the implementation or adminis- tration of the F.O.P. Health Insurance Trust and Plan, except if the City's acts or omission give rise to its own liability. Section 7 . Employees in the bargaining unit eligible for inclusion in the Health Trust Plan must be employed at least ninety (90) days and be on the City Police Department payroll. ARTICLE X. EDUCATIONAL LEAVE AND TUITION REFUND Subject to applicable Personnel Rules, an employee may request an educational leave of absence without pay to take a course or courses in a field related to the work assignment of said employee. The City's tuition refund program shall be continued for the term of this Agreement. - 25 - ARTICLE XI. GENERAL PROVISIONS Section 1. Safety and Health. The City and the FOP shall cooperate in matters of safety and health affecting the employees covered by this Agreement. Section 2 . FOP Activity and Non-Discrimination. Neither the City nor the FOP shall discriminate against any employee due to that employee's membership, non-membership participation, lack of participation, or activities on behalf of, or his refraining from activity on behalf of the FOP. No employee covered by this Agreement shall be discriminated against because of race, creed, national origin, religion, sex, sexual orientation, ethnic background or age in accordance with applicable State and Federal laws. The FOP agrees to cooperate with the City in complying with Federal, State and local laws requiring affirmative action to assure equal employment oppor- tunity. The parties will comply with the Americans with Dis- abilities Act. Section 3 . Reduction In Work Force. When there is a reduction in the work force, employees will be laid off in accordance with their length of service and their ability to perform the work available and applicable veterans preference laws. When two or more employees have equal ability, the employee with the least amount of service will be the first one to be laid off. When the working force is increased after a layoff, employees will be recalled in the order of seniority, with employees with greater - 26 - seniority recalled first. Notice of recall shall be sent to the employee at the last known address by registered mail or certified mail. If an employee fails to report to work within thirty (30) days from date of receiving notice of recall, he shall be con- sidered to have quit. No new employee will be hired into the bargaining unit as long as any bargaining unit employee remains on lay-off status. During the course of this Agreement, no employee will be laid off and no employee will be demoted (except for disciplinary demotions) . Section 4 . Uniforms and Clothing Allowance. The City will continue its present policy concerning uniforms and will provide uniformed personnel with a Fifty Dollar ($50. 00) monthly maintenance allowance. The City will provide Seventy Five Dollars ($75. 00) monthly allowance for those sworn employees assigned to work in civilian clothes. When transferred into the Criminal Investigation Unit or other unit requiring civilian clothes, the City will advance the employee, at his request, the sum of Three Hundred Seventy Five Dollars ($375. 00) for the purchase of clothing. The employee affected shall agree to relinquish the Seventy Five Dollar ($75. 00) per month clothing allowance for the following five months, and shall also agree to reimburse the City for any pro-rata amount in the event of transfer, termination, resignation, or retirement prior to completion of five (5) months in the civilian clothes assignment. If the reimbursement is caused by a transfer, the 27 reimbursable amount shall be collected at the rate of Seventy Five Dollars ($75.00) per month. Section 5. Disclosure of Records. Employees will not have information contained within any of their files disclosed to persons other than managerial and supervisory employees unless the person requesting such information (including home telephone number, address, etc. ) shall complete and sign a "Request for Information" form and present proper identification. The request form shall have provision for the name, address, and telephone number of the person requesting the information and the reason for the request. A copy of any such request form completed shall be left in the employee's personnel file. Section 6. Transfers. It shall be the sole right of the Chief of Police or his designee to transfer employees of the Department. When a transfer is a change in an employee's unit assignment, reasonable advance notice as is practicable under the circumstances shall be given. If a transfer is a permanent change in an employee's shift or days off schedule, the employee shall be notified no less than five (5) workdays prior to the transfer in order that the employee may arrange for an orderly change. The five (5) day notice may be waived by the employee and it need not be given when unforeseen needs of the Department or emergency conditions require that temporary changes be made with little or no advance notice. Section 7 . Meeting Between Parties. At the reasonable request of either party, the FOP President, or his representative, 28 and the City Manager, or his representative, shall meet at a mutually agreed upon time and place to discuss matters that require immediate discussion. Section 8. Negotiating Sessions. Time and dates for negotiating sessions shall be mutually agreed upon. Up to three (3) on duty FOP representatives shall be permitted to attend negotiating sessions without loss of pay or benefits if they were otherwise scheduled to work. Section 9. Job Descriptions. It is understood by the parties that the duties enumerated in the job description promulgated by the City are not always specifically described and are to be construed liberally. The City agrees to notify the FOP of any change in the job description of any classification in this bargaining unit. Section 10. Defense of Members. In the event any action for civil damages is brought against a member of the bargaining unit hereunder individually, and the City is not made a party to any such action, and if the employee hereunder is found liable and a judgment for damages is rendered against him, the City will itself or through insurance pay such damages and counsel fees for the employee providing the employee's liability results from action of the employee arising out of and in the course of his employment hereunder, and further providing that such judgment against the employee does not result from the wanton and willful action of the employee. 29 . • Section 11. Personnel Rules and Departmental Manual. Copies of the Personnel Rules and Regulations will be kept by Majors and Captains whose copies will be available to members of the bargaining unit upon request. A copy of the manual of the Police Department is provided to all employees in the department and proposed changes in said manual will be supplied to the President and the FOP or his designated representative before implementation and an opportunity to discuss the changes will be afforded. Section 12 . Incorporation of Personnel Rules. Any personnel rules agreed upon by the parties for incorporation in this collective bargaining agreement shall be set forth in an addendum to this Agreement. Section 13 . Medical Leave of Absence. After this Agreement is ratified, any employee requesting time off without pay as a Medical Leave will be granted the time requested up to one (1) month, or longer at the Chief's discretion. Employees may use any accumulated leave time or comp time during this leave. ARTICLE XII. SEPARABILITY If any provision of this Agreement or any application of this group of employees is held to be invalid of law or by a court or other tribunal of competent such provision shall be inoperative, but all other provisions shall not be affected thereby and shall continue in full force and effect. - 30 - ARTICLE XIII. TIME BANK A Time Bank shall be authorized by the City of Miami Beach, whereby members of the bargaining unit may voluntarily donate accrued annual leave and sick leave to an FOP Time Bank so that the President, or his designee(s) , may draw from such Time Bank, thereby detaching said person(s) from the normal course of their City assigned duties in order that they may be permitted to perform duties in keeping with the obligations of the FOP to its member- ship. The Time Bank shall not be utilized for the purpose of attending collective bargaining sessions between the FOP and the City of Miami Beach. Time will be deposited into the Time Bank only after the contributor voluntarily signs an authorization card detailing the type and amount of time to be donated. These cards are to be forwarded on a quarterly basis to the Chief of Police for his signature. The Chief of Police will then forward this material to the Personnel Director who shall take appropriate action to implement the provisions of this section. Time deposits shall be in hourly increments, with three (3) hours being the minimum amount accepted. The President, in his own behalf or on behalf of his desig- nee(s) , esig- nee(s) , shall fill out the appropriate form--to be supplied by the city--for each employee authorized to draw from the Time Bank. Said form shall be submitted by the President at least five (5) - 31 - days in advance of anticipated use. This form shall also include the statement that: Upon deduction of time by the City, the under- signed officer agrees to hold the City harm- less for any error or omissions in making said deduction or allocating the deducted time to the time pool. This request shall be reviewed by the Chief of Police, or his designee, and approved subject to the manning requirements of the department. Such approval shall not be arbitrarily withheld. Such approval, once having been authorized, may be rescinded subject to the manning requirements of the department. Time donated to the Time Bank shall be converted to the salary dollar equivalent of the donor(s) , and time used shall be in salary dollar equivalents of the employee(s) using the pool time. Time donations shall not increase in value. For purposes of com- putation, only base pay and longevity will be used. Time donated but not used will not be retrievable and will remain in the Time Bank for so long as this provision is effective. In the event the Time Bank is discontinued, the FOP shall be entitled to use the hours remaining pursuant to the provisions of this section. Any injury received or any accident incurred by an employee whose time is being compensated by the FOP Time Bank, shall not be considered a line-of-duty injury, nor shall such injury or accident be considered to have been incurred in the course and scope of the employee(s) employment by the City of Miami Beach within the meaning of Chapter 440, Florida Statutes, as amended. 32 - v w The City reserves the right to rescind any provisions of this article which are found to be illegal. If any provision of this section is found to be illegal, this section or any portion thereof, shall immediately be renegotiated. ARTICLE XIV. DRUG TESTING Upon reasonable belief, based upon objective factors, that an employee has used an unlawful drug, the Chief of Police or, in his absence, the Assistant Chief, may direct the employee to submit to a urinalysis for detection of drugs. In the case of a drug test, the following conditions will be applicable: (a) A split sample of the urine will be obtained so that two different laboratories to be selected by prior agreement of the City and the FOP may test the urine if desired: (b) If the employee claims that there is not a reasonable belief, based on objective factors, that the employee has used an unlawful drug, the urine will be frozen pending an expedited arbitration held before whichever of the three pre-agreed upon local arbitrators (to be selected by the City and the FOP) is first available on a rotating basis. The sole issue before the arbitrator shall be whether there was reasonable belief to direct test as set forth above. (c) If the arbitrator finds there is not reasonable belief, the urine specimens shall not be tested and shall be discarded. (d) If the arbitrator finds there is reasonable belief, or if no challenge to the reasonable belief basis has been made, then one urine specimen shall be tested by the laboratory selected by the parties. (e) All tests for an unlawful drug will be by an agreed upon gas chromatography/mass spectrometry method, and the other specimen will be tested by the second agreed-to laboratory, if the employee requests. - 33 - I i (f) In the case of either or both urine tests, the cutoff shall be the nanogram threshold which shall be established by prior agreement between the parties in the Random Drug Testing Agreement. ARTICLE XV. HEART DISEASE PRESUMPTION Any condition or impairment of health of any detention or sworn officer caused by heart disease resulting in total or partial disability or death shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary be shown by satisfactory evidence; provided, however, that such detention or sworn officer shall have successfully passed a physical examination upon entering into such service as a detention or sworn officer, which examination failed to reveal any evidence of heart disease. If at any time this Section is placed before an arbitrator for interpretation or application, what is "satisfactory evidence" shall be determined by the arbitrator. If rights of detention or sworn officers are placed before the Bureau of Workers Compensation then what is "satisfactory evidence" will be determined by the Bureau in accordance with Workers Compensation law. ARTICLE XVI. PROMOTIONS Section 1. Advancement to the ranks of Sergeant and Lieu- tenant shall be by examinations that measure the knowledge, skills and ability of personnel and by seniority. A promotional test will be given every eighteen (18) months beginning in the month of - 34 - , r s o September (but not later than October) 1993 for Sergeant and in the month of October (but not later than November) 1993 for Lieutenant. Section 2 . Eligible applicants for the promotional exami- nation for Sergeant and Lieutenant shall be given a validated written test with passing score set by the consultant. If there are not a significant number of minorities promoted after the first promotional testing after the effective date of this Agreement a validated assessment center testing may be put into effect along with the validated written test. The parties will meet at least four (4) months before the test to determine the weight to be given to the assessment center portion of the test. If the parties cannot agree on the weight to be given, Gene Just will decide the issue of weight in an expedited arbitration hearing. Section 3 . All police officers who on test date have four (4) years of seniority from date of hire shall be allowed to take the Sergeant's test. All Sergeants who on test date have one (1) year seniority from the date of appointment as Sergeant shall be allowed to take the Lieutenant's test. Applicants must, in both cases, apply on or before the application cut-off date. The Personnel Director may refuse to permit an applicant to take the examination on the grounds of conduct disgraceful to the Department and his officer status; or refused advancement from probationary status. In the latter case, if at least three (3) years have elapsed since such failure of probationary advancement, s such candidate will be considered qualified. Should any applicant, so disqualified for any of these alleged reasons, contest such - 35 - disqualification, he shall have access to the grievance procedure under this contract. Section 4 . The City Personnel Director shall cause to be developed validated tests which closely measure the knowledge, skills and abilities of a Miami Beach Police Sergeant and a Miami Beach Lieutenant, administer such test, and prepare a promotional register, one for Sergeants and one for Lieutenants, containing the names of persons who have passed the test ranked in the order of such test scores. Promotions shall be by rank order. Section 5. Seniority Points: 0.2 points shall be added to an employee's Sergeant's passing test score for each completed year of service, to a maximum of 25 years. 0.25 points shall be added to an employee's Lieutenant's passing test score for each completed year in grade as a Sergeant. Section 6. Book Committee A committee of five (5) incumbents selected by the Chief shall choose books and test material upon which any up-coming promotional exam shall be based. Such selection or changes therein, shall only be made after a representative of the FOP shall have a reasonable opportunity to meet and provide input on the selection process. The test material chosen shall be described and announced by the City to the FOP and its members at least five (5) months before such exam. - 36 - Section 7. Examination Scoring Each employee's informal raw score shall be given upon request immediately after the test paper is turned in by an "overlay" determination of score, if the scores are determined that way. All challenges of questions must be made in writing to whoever made the test within 48 hours after completion of the testing. Whoever made the test shall conclusively decide all challenges based upon standard industry techniques. Formal test scores and a promotional register shall be posted promptly after the end of the challenge period. A copy of an applicant's graded answer sheet shall be furnished upon completion of grading. Section 8. Promotional lists shall expire one (1) year after the posting of the results of a promotional test, or where lists have been combined, one (1) after the date of the combining of the new with the old lists. Section 9. In the event of same day promotions, seniority rank in the new position shall go in the order of the officer's seniority in the Department - the oldest being first, etc. , down the seniority list. ARTICLE XVII. F.O.P. PRESIDENT Section 1. The Miami Beach Fraternal Order of Police, Lodge No. 8, Lodge President shall be released and detached from full time duties as a police officer while serving as Lodge President and shall be carried full-time in a pay status to be shown on the - 37 - payroll as "D.D. " (Detached Duty) . The following conditions shall apply: A. For the purpose of recording time, the Lodge President will notify the Support Services Division Commander of all absences, including vacations, sick leave, meeting attendances, out of town trips, etc. T he Lodge President shall be required to work a 40-hour work week. B. The Lodge President will be available at the FOP office currently located at Flamingo Park, 999-11th Street, Miami Beach, Florida 33139, for consultation with the Police Department Management or the City Administrators between normal working hours. C. Should the Lodge President wish to change offices, (s)he will notify the Support Services Division Commander, in writing, at least five (5) working days prior to the proposed change. Said notice will include the address and the telephone number of the new office for the FOP Lodge President. D. In the absence of the Lodge President, the Lodge Presi- dent's designee may represent the Fr,,* ernal Order of Police. E. The FOP will not send additional employees in a pay status to attend City Commission or Personnel Board meetings without approval of the Police Chief or his designee. F. All applicable Miami Beach Police Department rules, regulations and order shall apply to the person who is the President of the Lodge and on D.D. Section 2 . The Management of the Miami Beach Police Department or the City Administration, reserve the right to rescind the provisions of this Article in the event that it is found to be illegal. Canceling the Article shall not preclude further discussions of any Lodge Presidents' release for Union business. - 38 - • • ARTICLE XVIII. LABOR/MANAGEMENT COMMITTEE A Labor/Management Committee will be created to review and make recommendations to the City Manager on the following topics: 1. Hurricane Shelter for Police Officers on duty. 2 . Physical well being of Police Officers with specific attention to diminishing those conditions that increase heart disease for Police Officers. Such concepts will include a wellness program, smoking cessation program, life-style modification programs, stress reduction, and morale improvement. 3 . Operating cost reductions of the Police Department and recommendations on how actual savings can be shared with current bargaining unit employees, the Police Department, and the City. This Labor/Management Committee will consist of two (2) members appointed by the Fraternal Order of Police and two (2) members appointed by the City Manager. The Labor/Management Committee will elect a Chairperson at the first meeting and meeting minutes will be kept for distribution to all Committee Members. It is anticipated that priority will be given to the Hurricane Shelter issue so as to have the Committee's recommendation to the City Manager by June 15, 1993 . ARTICLE XIX. ENTIRE AGREEMENT The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective - 39 - bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the FOP, for the duration of this Agreement, except as provided in the Florida Statutes, or as specifically excepted by provisions of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered in this Agreement, or with respect to any subject or matter referred to, or with respect to any subject or matter not specifi- cally referred to, or covered in this Agreement, even though such subject or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. This Article shall not be construed to in any way limit or restrict the parties from negotiating, as provided in the Florida Laws, or any succeeding agreement to take effect upon the termination of this Agreement or any succeeding term of this Agreement. ARTICLE XX. TERM OF AGREEMENT This Agreement shall be effective as of the 1st day of b).)1U October, 199A, and shall remain in full force and effect until the 30th day of September, 1994. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing at least thirty (30) days prior to the anniversary date that it desires to - 40 - y r • modify this Agreement. In the event that such notice is given, negotiations shall begin promptly. This Agreement shall remain in full force and be effective 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. - 41 - • J , EXECUTED by the parties hereto on this 10th day of June , 1993 . MIAMI BEACH FRATERNAL ORDER CITY OF MIAMI BEACH OF POLICE, LODGE NO. 8 By: 1, 4 ( ' e-11., By: - Lti - LYDA VES , PRESIDENT ROGER CARLTON ICITY MANAGER ‘ /1 r PAUL tr P I Eif/i/nAel,t)\wy. RNIE WINER GREGORY\BUTLER \\„ PETER MATTHEW WILLI • WILLIAMS \ JOSEPH H. KAPLAN Attorney-At-Law Approved by vote of the City Comm" -sion, ,Maya, / , 1993 . rg! SEYMO ti GELBE' Mayor Attest: FORM APPROVED "------te(iy,� E . C%NrCwk City Clerk L AL DEPT. a c�A c . 6---1/4 Date: �.--.� \' \3 By Date • \\A&L\ l 0/ I I G 3 i 4 MEMORANDUM OF UNDERSTANDING The parties agree that this Memorandum of Understanding shall constitute an addendum to the collective bargaining agreement between the Miami Beach Fraternal Order of Police, William Nichols Lodge No. 8 (hereinafter "FOP") and the City of Miami Beach (hereinafter "City") being' signed on this date. The parties agree: 1. A settlement of the case entitled Joseph T. McCormick, et al. , v. City of Miami Beach, Florida, Case No. 91-1941-CIV-MOORE, currently pending in the United States District Court for the Southern District of Florida (hereinafter "SWAT case") , will be attempted as soon as practicable by a committee representing the Plaintiffs and a committee representing the City (including Roger Carlton) . 2 . The City will pay to the FOP the sum of $2 , 500 representing attorneys° fees expended by the FOP in the Promotions Grievance. 3 . Three employees, Bernie Winer, Bill Williams, and Tevey Woolfe and their successors in the same position, are permitted to elect either a 4-10 or a 5-8 schedule of work. 4 . The parties agree that the following language proposed by the FOP in Article III, Section 8 will be deemed to be a part of the 1992-94 collective bargaining agreement for purposes of all other lawsuits except the SWAT case, but the collective bargaining agreement will be formally. changed to encompass this language only after the resolution of the SWAT case by court decision or settlement. Selection of another forum shall be deemed an exclusive election of forum and bar any consideration of the matter under this arbitration and grievance article. It is understood that this change in the collective bargaining agreement and this paragraph 4 shall have no bearing on the meaning of the current language in Article III, Section 8, or of the intention of the parties in agreeing to that language, as that issue is currently pending before the court in the SWAT case. 5. In the Personnel Board case in the matter of the Appeal of Delores Martinez from Disciplinary Action involving the prior suspension of Delores Martinez, the City will consider that case closed, the prior action of the Personnel Board in sustaining the appeal and reversing the suspension will be upheld and any hearings scheduled in that case will be cancelled. 6. The term "new bargaining unit hires" as used in Article VIII, Sections 3 and 19, will not be deemed to include provisional 4 ei police officers employed by the City at the signing of this collective bargaining agreement. Dated this day of April, 1993 . MIAMI BEACH FRATERNAL ORDER CITY OF MIAMI BEACH, FLORIDA OF POLICE, LODGE NO. 8 By: By: 2 • FRATERNAL ORDER OF POLICE FOP LODGE NO. 8 ELECTION OF REMEDY FORM Grievance No. 1. I/We elect to utilize the Grievance Procedure contained in the current Contract between the City of Miami Beach, Florida, and the FOP. In making this election, I/we understand that selection of another forum, as defined by the FOP Contract, shall bar any consideration of the Grievance under the FOP collective bargaining agreement. 2. I/We elect to utilize another forum for my/our grievance, and in doing so, I/we understand that this election shall bar any consideration of this matter under the FOP collective bargaining agreement. Signature Date Subject of Grievance/Appeal: DRM:Ig DRM-WORK2/92 FOP-EL.RMD RESOLUTION NO. 96-20782 ohis, Approving the two-year labor agreement between the City of Miami Beach and the Fraternal Order of Police, William Nichols Lodge No. 8, for the period October 1, 1992 to September 30, 1994. r • 1