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FOP Agreement J{ {)!J1f - Zsr-Z0 AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA and MIAMI BEACH FRATERNAL ORDER OF POLICE WILLIAM NICHOLS LODGE NO.8 Period Covered October 1, 2003 through September 30, 2006 TABLE OF CONTENTS Pal!:e Number AGREEMENT & PREAMBLE ................................................................................................................... I ARTICLE 1. RECOGNITION..................................................................................................... 2 ARTICLE 2. DEDUCTION OF DUES ....................................................................................... 3 Section 2.1. Checkoff ........................................................................................................................ 3 Section 2.2. Legal Services Trust Fund ............................................................................................. 3 Section 2.3. Inderrmification............. ........................... ........... .............. .................... .............. ........... 3 ARTICLE 3. GRIEVANCE PROCEDURE ............................................................................... 4 Section 3.1. Definition of Grievance and Time Limit for Filing........................................................ 4 Section 3.2. Grievance Procedure...................................................................................................... 4 Step 1 ... .............. ............... ............. ........................ ................. ................ ................ 4 Step 2... ............. ............... ............. ......................... ................. .................. .............. 4 Step 3 ............... ............................ ............. ........... ................. ................... ............... 5 Section 3.3. Binding Arbitration ....................................................................................................... 5 Section 3.4. Authority of Arbitrator .................................................................................................. 5 Section 3.5. Expenses of Arbitration ................................................................................................ 6 Section 3.6. Processing Grievances .................................................................................................. 6 Section 3.7. Election of Remedies. ................................................................................................... 6 Section 3.8. Probationary Period......... ....................................................... .................... .............. ..... 6 Section 3.9. FOP Grievance Committee ........................................................................................... 6 Section 3.10. Waiver of Time Limitations or Steps ............................................................................ 7 ARTICLE 4. NO STRIKE AND NO LOCKOUT ...................................................................... 8 Section 4.1. No Strike ........................................................................................................................ 8 Section 4.2. No Lockout .................................................................................................................... 8 ARTICLE 5. MANAGEMENT RIGHTS ................................................................................... 9 ARTICLE 6. POLICE EQUIPMENT ......................................................................................... 10 Section 6.1. Equipment. ..................................................................................................................... 10 ARTICLE 7. HOURS OF WORK AND OVERTIME............................................................... 11 Section 7.1. Purpose .......................................................................................................................... 11 Section 7.2. Normal Workweek......................................................................................................... II Section 7.3. Four-Day Workweek...................................................................................................... 11 Section 7.4. Weekly Overtime ........................................................................................................... 11 Section 7.5. Distribution of Overtime Opportunity............................................................................ 11 Section 7.6. No Pyramiding. .............................................................................................................. 12 TABLE OF CONTENTS, continued Pal!:e Number ARTICLE 8. WAGES AND FRINGE BENEFITS .................................................................... 13 Section 8.1. Wages ............................................................................................................................ l3 Section 8.2. Police Vehicle Policy ..................................................................................................... 13 Section 8.3. Compensation Plan ........................................................................................................ 15 Section 8.4. Merit and Longevity Increases ....................................................................................... 16 Section 8.5. Shift Differential............................................................................................................ 16 Section 8.6. Holidays. ...................................... .......................... ................................ ................. ....... 17 Section 8.7. Vacation Benefits........................................................................................................... l7 Section 8.8. Sick and Vacation Leave Accrual and Payment on Termination ................................... 17 Section 8.9. Bereavement... .......................... ........................................ ................. ................. ........... 18 Section 8.10. Court Time Compensation........................................................................................... 18 Section 8.11. Out-of-Classification Pay............................................................................................. 19 Section 8.12. Standby Pay ................................................................................................................. 19 Section 8.l3. Call-In Pay ................................................................................................................... 19 Section 8.14. Sunglasses and Prescription Glasses ............................................................................ 20 Section 8.15. Field Training Officer .................................................................................................. 20 Section 8.16. Injury Service Connected............................................................................................. 20 Section 8.17. Special Assignment Allowance.................................................................................... 21 Section 8.18. Extra Weapon ..............................................................................................................21 Section 8.19. Quality of Life.............................................................................................................. 21 Section 8.20. Forced Holdover .......................................................................................................... 21 Section 8.21. Pension............. ........ ................... ................. ........... ............. .................. ...................... 22 Section 8.22. Premium Pay Supplement............................................................................................ 22 Section 8.23. Buyback of Probationary Time .................................................................................... 23 Section 8.24. FOP Re-Opener for the Calculation of Overtime for Pension Purposes ....................... 23 Section 8.25. "Me Too" with the IAFF for Extension of the DROP Plan.......................................... 24 Section 8.26. DROP.............................................................................................. 24 ARTICLE 9. F.O.P. HEALTH TRUST.......................................................................................29 Section 9.1. .......... ............. .......... .............. ................. ......................... ............ ...................... .............. 30 Section 9.2. .......... .................... ................................ .............. ......... ................ ............... ..... ................ 3l Section 9.3. ........ ............ ........................................ ............... ........... .............. .................. ................... 31 Section 9.4. ....... ............ ........................ ............... ............. .............. .............. .................. .................... 31 Section 9.5. ..... ............. ........... ............ ............... ................. .......................................... .............. ........ 31 Section 9.6. .... ............ ............ ........ ... ................ ................. ......................... .............. .................... ...... 31 Section 9.7. ......................................................................................................................................... 31 Section 9.8. . ................................................... ................. ....................................... ..................... ........ 31 Section 9.9. ....................................................................................................... 32 ARTICLE 10. EDUCATIONAL LEAVE AND TUITION REFUND ........................................33 ARTICLE 11. GENERAL PROVISIONS .................................................................................... 34 Section 11.1. Safety and Health......................................................................................................... 34 Section 11.2. FOP Activity and Non-Discrimination......................................................................... 34 Section ll.3. Reduction In Work Force............................................................................................. 34 TABLE OF CONTENTS, continued Pal!e Number ARTICLE 11. GENERAL PROVISIONS, continued Section 11.4. Uniforms and Clothing Allowance .............................................................................. 34 Section 11.5. Disclosure of Records .................................................................................................. 35 Section 11.6. Transfers ...................................................................................................................... 35 Section 11.7. Meeting Between Parties ............................................................................................. 36 Section 11.8. Negotiating Sessions .................................................................................................... 36 Section 11.9. Job Descriptions........................................................................................................... 36 Section 11.10. Defense of Members .................................................................................................. 36 Section ll.ll. Personnel Rules and Departmental Manual............................................................... 36 Section 11.12. Incorporation of Personnel Rules............................................................................... 36 Section 11.13. Medical Leave of Absence......................................................................................... 37 ARTICLE 12. SEPARABILITY .................................................................................................... 38 ARTICLE 13. TIME BANK........................................................................................................... 39 ARTICLE 14. DRUG TESTING ...................................................................................................41 ARTICLE 15. HEART DISEASE PRESUMPTION ................................................................... 43 ARTICLE 16. PROMOTIONS ...................................................................................................... 44 Section 16.1. ....................................................................................................................................... 44 Section 16.2............ ....................... ............. ................ ............................. .................. .................. ....... 44 Section 16.3.................................. ............ ................ ................ ............. ................. .................. .......... 44 Section 16.4..................... ........... ........................ .................... .............. ................ ................... ........... 45 Section 16.5. Seniority Points ............................................................................................................ 45 Section 16.6. Book Committee ..........................................................................................................45 Section 16.7. Written Test Scoring....................................................................................................46 Section 16.8. Assessment Center or Behavioral Assessment Component Challenges....................... 46 Section 16.9.......... ......................... .............. ................ ................ ............. ................... .................. ..... 46 Section 16.10............................................. ............... ...... ........................ .................. .................. ........ 46 ARTICLE 17. F.O.P. PRESIDENT ............................................................................................... 48 Section 17 .1. ....................................................................................................................................... 48 Section 17.2. .............. ............ ............ ............. ................ ............. ............... ............. ..... ...................... 48 Section 17.3. ........................ ........... .............. ..... .......................... ............. ................. ....... ........ .......... 49 ARTICLE 18. ENTIRE AGREEMENT........................................................................................ 50 ARTICLE 19. TERM OF AGREEMENT .................................................................................... 51 EXECUTION ................................................................................................................................................. 51 ELECTION OF REMEDY FORM..............................................................................................................52 AGREEMENT THIS AGREEMENT, made and entered into this J:J!!. day of J!/tte!/ ,2004, by and between the CTIY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the MIAMI BEACH FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO.8 (herein called the "FOP"). PREAMBLE WHEREAS, the FOP has been selected as the sole and exclusive bargaining representative by a majority of employees in the certified bargaining unit set forth in Article 1, and has been recognized by the City pursuant to the laws of the State of Florida as the sole and exclusive bargaining representative for said employees; and WHEREAS, it is the intention of the parties to this Agreement to provide in manner which is binding and superior to ordinances and personnel rules of the City, for a salary schedule, fringe benefits, and conditions of employment of the employees covered by this Agreement, and to provide for the continued and efficient operation of the City's Police Department: and to provide for an orderly and prompt method of handling and processing grievances; and WHEREAS, the FOP and the City agree to seek and maintain high standards for the operation of the Police Department; NOW, THEREFORE, the parties agree as follows: FOP-l ARTICLE 1 RECOGNITION The City recognizes the FOP as the sole and exclusive bargaining representative for the purpose of wages, hours, and other terms and conditions of employment for employees in the following classifications in the Police Department (hereafter "employees"): Trainees Police Officers Sergeants Lieutenants Detention Officers All other employees in other existing classifications are specially excluded. FOP-2 ARTICLE 2 DEDUCTION OF DUES Section 2.1. Checkoff. Upon receipt of a lawfully executed written authorization from an employee which is presented to the City by an official designated by the FOP in writing, the City agrees during the term of this Agreement to deduct biweekly FOP dues of such employees from their pay and remit such deductions to the FOP Treasurer within fourteen (14) calendar days however, such authorization is revocable at the employee's will upon thirty (30) days' written notice to the City and the FOP. The City agrees to use diligence in making prompt delivery of monies owed to the FOP. The charge for dues deductions shall be calculated by multiplying one average run of checkoffs by four and multiplying the product by seven cents (71). The City shall notify the FOP of the amount owed no later than September 1 of each year. The FOP shall make payment to the City no later than September 30 of each year. The FOP will notify the City in writing of the exact amount of such uniform membership dues to be deducted. The FOP will notify the City thirty (30) days prior to any change in its dues structure or if there are additions or deletions to the established checkoff list. Section 2.2. Lel!al Services Trust Fund. If the FOP establishes a Legal Services Trust Fund, upon receipt of a lawfully executed written authorization from an employee which is presented to the City by an official designated by the FOP in writing, the City agrees during the term of this Agreement to take biweekly deductions from such employees from their pay and remit such deductions to the Trustee within fourteen (14) calendar days; however, such authorization is revocable at the employee's will upon thirty (30) days' written notice to the City and the FOP. There will be no charge to the FOP for Legal Services Trust Fund deductions. The FOP will notify the City in writing of the exact amount of such uniform Legal Services Trust Fund deductions. The FOP will notify the City thirty (30) days prior to any change in the deduction structure or if there are additions or deletions to the established Legal Services Trust Fund deduction structure. Section 2.3. Indemnification. The FOP agrees to indeInnify and to hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article; provided, that the City will not be indemnified or held harmless for any intentional tort. This indeInnification is not intended to cover claims made by, or on behalf of the FOP. FOP-3 ARTICLE 3 GRIEVANCE PROCEDURE Section 3.1. Definition of Grievance and Time Limit for Filin2. A grievance is a dispute involving the interpretation or application of the express terms of this Agreement, excluding matters not covered by this Agreement; or where Personnel Board rules and regulations are involved; provided that disciplinary actions, including discharges, may be grieved under this Article, as provided herein. See Section 3.7 (Election of Remedies) for procedures to be utilized in particular circumstances. No grievance shall be entertained or processed unless it is submitted within fifteen (15) workdays (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) workdays after the employee, through the use of reasonable diligence, should have obtained knowledge of the occurrence of the first event giving rise to the grievance. Section 3.2. Grievance Procedure. The FOP shall have the right to initiate and process grievances on its own behalf or on behalf of named members of the bargaining unit. However, the FOP shall have the right in its sole discretion not to process grievances on behalf of bargaining unit members who are not members of the FOP, provided it notifies said employee of its decision not to proceed. Grievances shall be processed, individually, as follows: Step 1: The grievance shall be presented, in writing on the Grievance Form supplied by the City, to the employee's unit or division commander or a designated representative, who shall answer within five (5) workdays after such receipt. The employee will also provide the FOP with a copy of said grievance. Step 2: If the grievance is brought by the FOP on its own behalf, or if the grievance is brought on behalf of an individual(s) and is not settled in Step 1 and an appeal is desired, it shall be referred in writing to the Chief or his designee. The Election of Remedy Form shall be completed and signed by the FOP and/or the grievant, and attached to the Step 2 grievance. The Chief shall discuss the grievance within five (5) workdays with the employee and the FOP grievance committee at a time designated by the Chief. If no FOP-4 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 ten (10) workdays after the City's answer in Step 2. A meeting between the City Manager or his representative, the employee, and the FOP grievance committee shall be held at the time designated by the City Manager within ten (10) workdays. If no settlement is reached, the City Manager shall give City's written answer to the employee and the FOP grievance committee within ten (10) workdays following the meeting. Section 3.3. Bindinl!: Arbitration. lfthe 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 ten (10) workdays after receipt of the City's answer in Step 3. The parties shall attempt to agree upon an arbitrator within ten (10) workdays after receipt of notice of referral and in the event the parties are unable to agree upon an arbitrator within said ten (10) workday period, the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. Both the City and the FOP shall have the right to strike two names. The name remaining after the City strikes shall be the arbitrator. The arbitrator shall be notified of his selection within five (5) workdays by ajoint letter from the City and the FOP requesting that he advise the parties of his availability for a hearing. The parties may select a permanent arbitrator in lieu of the selection procedure set forth in this section. Section 3.4. Authority of Arbitrator. The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of this Agreement. He shall consider and decide only the specific issue submitted to him in writing by the City and the FOP, and shall have no authority to make a decision on any other issue not so submitted to him. The arbitrator shall submit in writing his decision within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, provided that the parties may mutually agree in writing to extend said limitation. FOP-5 The decision shall be based solely upon his interpretation of the meaning or application of the express temls of this Agreement to the facts of the grievance presented. If the arbitrator acts in accordance with this Section, the decision of the arbitrator shall be final and binding. Section 3.5. Expenses of Arbitration. The fee and expenses of the arbitrator and the cost of a written transcript shall be divided equally between the City and the FOP; provided, however, each party shall be responsible for compensating its own representatives or witnesses. Section 3.6. ProCeSSiUl! Grievances. All grievance discussions and investigations shall take place in a manner which does not interfere with the operation of the Police Department. Any time spent by the Grievance Committee of the FOP in discussions or processing grievances at Step 1, 2, or 3 during their working hours shall not result in a loss of earnings or benefits. Section 3.7. Election of Remedies. Disciplinary actions may be grieved (1) under the grievance/arbitration provisions contained in this Article or (2) to a Hearing Officer, who shall be selected by utilizing the procedures outlined in Section 3.3 of this Article. A grievance involving the interpretation or application of this Agreement may be grieved solely under the grievance/arbitration provisions contained in this Article. Grievances regarding certain non-disciplinary matters, such as disagreements as to the waiving or application of changes to personnel rules or other work rules or policies may be filed via the Personnel Board procedures. The decision of the hearing officer shall be final & binding. The cost of a Hearing Officer shall be borne by the City. Any proceedings before the Hearing Examiner shall be conducted pursuant to the attached Hearing Examiner Rules. Section 3.8 Probationary Period. Nothing herein shall in any way affect the discretion presently accorded the Chief of Police with respect to employees in their probationary period following hire or in their probationary period following promotion. It is specifically understood by the parties that the exercise of the Police Chiefs discretion in this regard shall not in any way be subject to the grievance procedure set forth herein. Section 3.9 FOP Grievance Committee. The FOP shall appoint a Grievance Committee of not more than three (3) members, and shall notify in writing the Police Chief and the City Manager of the name or names of FOP-6 the employee or employees serving on this committee and of any changes in the numbers of this committee. The members of this committee may not conduct any investigation while on duty without receiving the permission of the Police Chief, or in his absence, the duly authorized representative acting in his behalf; however, such permission shall not be unreasonably withheld. Department clerical personnel will not be used by the grievance committee in grievance matters. The grievance committee shall not unreasonably use other departmental resources for the purpose of conducting grievance-related work. Section 3.10 Waiver of Time Limitations or Steus. The parties may mutually agree in writing to extend any of the time limitations set forth above for the processing of grievances and may also waive any of the intermediate steps of the grievance procedure in writing. FOP-7 ARTICLE 4 NO STRIKE AND NO LOCKOUT Section 4.1. No Strike. The parties hereby recognize the provisions of Chapter 447, Florida Statutes, which define strikes, prohibit strikes, and establish penalties in the case of a strike, and incorporate those statutory provisions herein by reference. Section 4.2. No Lockout. The City will not lockout any employees during the term of this Agreement as a result ofa labor dispute with the FOP. FOP-8 ARTICLE 5 MANAGEMENT RIGHTS It is recognized that except as stated herein, the City shall retain all rights and authority necessary for it to operate and direct the affairs of the City and the Police Department in all of its various aspects, including, but not limited to, the right to direct the work force; to plan, direct, and control all the operations and services of the Police Department; to determine the methods, means, organizations, and personnel by which such operations and services are to be conducted; to assign and transfer employees; to schedule the working hours; to hire and promote; to demote, suspend, discipline or discharge for just cause, or relieve employees due to lack of work or for other legitimate reasons; to make and enforce reasonable rules and regulations; to change or eliminate existing methods, equipment, or facilities; provided, however, that the exercise of any of the above rights shall not conflict with any of the expressed written provisions of this Agreement and that a grievance may be filed alleging such a conflict. The City shall not employ more than thirty-eight (38) Reserve Police Officers. No Reserve Police Officers will be authorized to perform off-duty work as a police officer, unless reasonable efforts to fill an off duty job with bargaining unit members fails. Any Reserve Police Officer who is called to work an off-duty job will do it without remuneration. FOP-9 ARTICLE 6 POLICE EOUIPMENT Section 6.1. Equipment. The City agrees to continue the current policy of issuing equipment which includes shirts, pants, footwear, leather, department issued weapons, ammunition, handcuffs, expandable batons, light and heavy jackets, rain gear and traffic templates. Additionally, the City will supply an initial issue whistle to all patrol officers. Replacement of whistles shall be at the officer's expense. To the extent that a flashlight is a required article of equipment, the City shall provide it. The City will reimburse employees for the cost of replacement of protective vests up to a maximum of $550.00, when needed. Necessary ammunition will be issued to each employee every twelve (12) months to guarantee reliability of the ammunition. FOP - 10 ARTICLE 7 HOURS OF WORK AND OVERTIME Section 7.1. Purpose. This Article is intended to define the normal hours of work and to provide the basis for the calculation and payment of overtime. It shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week. Section 7.2. Normal Workweek. The normal workweek shall consist offorty (40) hours per week and such additional time (subject to Section 7.4 and 7.5 below) as may from time to time be required in the judgment of the City to serve the citizens of the City. The workweek shall begin with the employee's fIrst regular shift each week. All hours scheduled in the normal workday will be consecutive. An employee called in early in advance of his normal shift starting time will not be sent home early on such day for the purpose of avoiding overtime unless such employee is in agreement with the request to leave early; provided, however, that except as limited by Section 3 below, the City shall retain its right to establish and modify normal work schedules. Section 7.3. Four-Dav Workweek. The City shall extend the present policy of a four (4) day workweek to all employees in the bargaining unit except employees on light duty because of injuries or illness which are not service connected. Employees who suffered a service connected injury or illness and who are permitted to work light duty may work up to 32 weeks, measured non-consecutively from the date of injury, on light duty on a 4-10 schedule, or to receive ISC payments for 32 weeks, or a combination of both. Thereafter, the officer may be assigned to work a 5-8's shift in a light duty assignment during the pendency of his/her light duty. Positions occupied by employees who are permitted to elect either a 4-10 or a 5-8 work schedule shall continue on that basis. Section 7.4. Weekly Overtime. For all hours worked in excess of forty (40) hours during an employee's workweek, the City will pay the employee one and one-half (1-1/2) times the employee's straight time hourly rate of pay. The current policy for calculating hours worked will remain in effect. Section 7.5. Distribution of Overtime Opportunitv. A. Overtime is recognized as being ofthree (3) general types within the Police Department: FOP - 11 1. Carry-over Overtime - Overtime for work carried over from an employee's regular duty assignment (e.g., uniform officer on arrest; detectives' on-going investigations). "Carry-over Overtime" shall not be subject to equal distribution rules. 2. Stamm! Overtime - Overtime due to staffing needs. Staffmg Overtime shall be distributed on a rotating basis, as equally as practicably possible, among employees in the particular work unit who are qualified to perform the particular overtime work, by departmental seniority. 3. Soecial Event Overtime - Overtime for planned events or assignments. Special Event Overtime shall be distributed on a rotating basis, as equally as practicably possible, among employees in the particular division who are qualified to perform the particular overtime work, by departmental seniority. Employees who are not in the particular work unit or division will not be assigned to Staffing Overtime or Special Event Overtime unless reasonable attempts to assign employees from within the work unit or division have failed. B. Records for Staffing Overtime will be maintained at the Platoon or work section level. Records for Special Event Overtime will be maintained at the Division level. C. Pay for overtime work will be paid no later than the second pay period in the month following the month in which the overtime is worked. Section 7.6. No Pvramidinl!. Compensation shall not be paid more than once for the same hours. FOP - 12 ARTICLE 8 WAGES AND FRINGE BENEFITS Section 8.1. Waees. Effective with the first pay period ending October 5, 2003, there shall be an across-the- board wage increase of three percent (3%). In order to obtain any retroactive wage increase, bargaining unit members must be employed with the City on the ratification date of the 2003-2006 collective bargaining agreement. Effective with the first pay period ending October 3, 2004, there shall be an across-the-board wage increase of three percent (3%). Effective with the first pay period ending October 9, 2005, there shall be an across-the-board wage increase of three and one-half percent (3.5%). Section 8.2. Police Vehicle Policy. In an effort to reduce the long-term costs to the City in maintenance, repairs and liability, a take-home vehicle program will continue on a phased-in process to the extent that funds are available in compliance with State and Federal law from the Police Confiscated Fund. Purchase Orders for the purchase of the vehicles for the take-home program shall be issued within 60 days after the receipt of the State of Florida contracted bid prices (estimated in January of each year). Bargaining unit members who are participants in the Take-Home Vehicle Program as of October I, 1997, shall continue in the Take-Home Vehicle Program as prescribed by the City Commission approved Policy and the Department S.O.P. Thereafter, priority for allocation of take-home cars shall be given all eligible personnel by Departmental seniority. It is agreed and understood that all appropriations and commitments by the Police Department as of November 16, 1994, will have first priority for the expenditure of such Confiscated Funds. After funding has been allocated for such appropriations and commitments, excess funds will be allocated in a 60%/40% ratio with 60% dedicated to the needs of the Police Department as determined by the Chief of Police and the remaining 40% being allocated for the purchase of the vehicles for the take-home program. Such allocations from the Police Confiscated Fund for the take-home program shall be modified after all such initial purchases have been FOP - 13 completed. This paragraph shall become null and void upon purchase of the rentaining vehicles to be purchased in the take home vehicle program. The monthly confiscated fund report shall be sent to the FOP President each month. To defray the operating expense incurred by the City as a result of the non-official use of take-home vehicles, employees shall be assessed a user fee for each biweekly period in which they have a car assigned to them. The fee shall be based on the location of their primary residence as shown below: LOCATION Miami Beach Dade County (other than Miami Beach) Broward County Palm Beach County (as limited below) BI-WEEKL Y FEE -0- $25.00 $30.00 $45.00 or $75.00 The take-home vehicle program shall be available to any sworn officer who was hired before the ratification date of 2000-2003 Agreement who resides in Miami-Dade or Broward County. The take-home vehicle program shall not be available to any sworn officer who is hired on or after the ratification date of the 2000- 2003 Agreement (except police applicants in the background process) and resides outside of Miami-Dade County but is available to a sworn officer who is living outside Miami-Dade County and moves back to Miami- Dade County. In addition, the availability of take-home vehicles for sworn officers who live in Palm Beach County shall be limited to only those three (3) sworn officers who resided in Palm beach County on the date of ratification of the 2000-2003 Agreement and were employed by the City when the take-home program was implemented (i.e., the three (3) grandfathered officers, who shall pay a bi-weekly fee of$45.00; and the two (2) sworn officers who became eligible for a take-home vehicle after ratification of the 2000-2003 agreement) (i.e.; those two officers not grandfathered under the 2000-2003 agreement) who shall pay a bi-weekly fee of$75.00) fee to be paid by the Palm Beach officers shall be applicable effective the first pay period after the date of receipt of a city vehicle. The cost for any officer moving into one of the five (5) available slots after October 1, 2003 shall be $75.00 bi-weekly. Employees may not park their cars in a location so as to circumvent the restrictions outlined in this section. FOP - 14 Section 8.3. Compensation Plan. A1 Entry Level Pay - Hired on or after October 1. 1997 11 Police Officer a) Non-Certified Hire - A newly hired, non-certified Police Officer will be placed in the Police Officer Trainee Step I rate of pay while attending the Police Academy and until he/she receives notification of passing the State Certification examination. The pay period following the notification of passing the State Certification examination the bargaining unit employee will be placed in Police Officer Trainee Step 2 rate of pay for the duration ofhis/her first year of service. Upon completing his/her first year of service, in accordance with Section 5 below, the bargaining unit employee shall be placed in Step A. b) Non-Florida Certified Hire Academy Required - A newly hired, Non-Florida certified Police Officer who is required to attend the Police Academy will be placed in the Police Officer Trainee Step 2 rate of pay while attending the Academy and until he/she receives notification of passing the State Certification examination. The pay period following the notification of passing the State Certification examination, the bargaining unit employee will be placed in Police Officer Trainee Step 3 rate of pay for the duration ofhis/her first year of service. Upon completing his/her first year of service, in accordance with Section 5 below, the bargaining unit employee shall be placed in Step A. c) Certified Hire with less than one (1) year of experience - A newly hired Police Officer with less than one (1) year of experience who is not required to attend the Police Academy shall be placed in the Police Officer Trainee Step 3 rate of pay for his/her first six (6) months of service and Step A for the duration of his/her first year of service. d) Certified Hire with or greater than one (1) year but less than three (3) years of experience - A newly hired Police Officer with or greater than one (1) year but less than three (3) years of experience shall be placed in Step A for the duration of his/her first year of service. FOP - 15 e) Certified Hire with or greater than three (3) years of experience - A newly hired Police Officer with or greater than three (3) years of experience shall be placed in Step B for the duration of his/her fIrst year of service. n Detention Officer A newly hired Detention OffIcer will be placed in Step A of the pay scale for the duration of his/her fIrst year of service. ill State Certification Re-examination - In the event a newly hired Police Officer who is required to take the State Certification examination fails to pass said examination, he/she shall be placed on a leave of absence without pay until such time as he/she passes the State CertifIcation examination. Said bargaining unit employee shall sign up for the next scheduled examination in the State of Florida and take the examination at his/her expense. In the event the bargaining unit employee fails the re-examination, his/her employment with the City shall terminate. Section 8.4. Merit and Lon2evitv Increases. All merit and longevity increases shall become effective on the payroll period commencing nearest the employee's anniversary date, as per current practice. A merit increase shall be awarded based upon the employee receiving a satisfactory evaluation during that rating period, as per current practice. Section 8.5. Shift Differential. At the time this Agreement was executed, the City maintained three standard shifts of work to-wit: a fIrst shift starting approximately 11:00 p.m.; a second shift (also called "Day Shift") starting approximately 7:00 a.m.; and a third shift (also called "Afternoon Shift") starting approximately 3:00 p.m. For all work by the third shift performed after 3:00 p.m., a shift differential pay of thirty-two cents ($.32) and effective October 1, 2004, changed to forty-fIve cents ($.45) per hour shall be added to the employee's hourly rate; for all work by the first shift performed after 11 :00 p.m., a shift differential pay of fIfty-two cents ($.52) and effective October I, 2004 changed to seventy-five cents ($.75) per hour shall be added to the employee's hourly rate. If the City rearranges the shift scheduling or establishes any new shift, shift differential pay shall follow the above formula based on the time period in which a majority of hours are worked by the employee. Thus, if a majority of the non-standard shift hours are after 3:00 p.m., all the shift differential pay for all post 3:00 p.m. FOP - 16 hours shall be thirty-two cents ($.32) and effective 10/l/04, changed to forty-five cents ($.45) per hour. If a majority of the non-standard hours are after II :00 p.m., all the shift differential pay for all post II :00 p.m. hours shall be fifty-two_cents ($.52) and effective October 1,2004, changed to seventy-five cents ($.75) per hour. Section 8.6. Holidays. Consistent with the City Commission holiday resolution and current department practices, the holiday benefits presently enjoyed by the employees covered by this Agreement shall continue. Employees shall be paid double time for all hours worked on a holiday. Employees whose day off falls on a holiday shall be given another day off if they work on that holiday. Effective the f"rrst holiday followinl! ratification. the followinl! holidays shall be recol!nized as follows: Holidavs Recol!nized Date New Years Day Independence Day Veterans Day Christmas January 1 July 4th November lIth December 25 Section 8.7. Vacation Benefits. Consistent with applicable ordinances, the vacation benefits presently enjoyed by the employees covered by this Agreement shall continue. Amounts accrued prior to January I, 1975 shall remain status quo. In the event an employee is not allowed to take a vacation because of scheduling by the City, he will, at the option of the City, either be paid in lieu of vacation time not used, or be allowed to accumulate into the next calendar year pursuant to existing rules governing accumulation. However, in no event shall an employee be penalized by losing accumulated vacation time because he was unable to use it because of departmental needs. This Section shall not apply to sick leave accumulation. Section 8.8. 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 FOP - 17 before October 1, 1978. Effective October 1, 1978, all new employees covered by this Agreement shall, under applicable ordinances, rules, and regulations, be allowed to accrue no more than 360 hours and effective October 1, 2004, no more than 460 vacation hours except in accordance with provisions for postponement of vacation leave as set forth in Article 8, Section 7, of this Agreement; be permitted to transfer sick leave in excess of360 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 480 hours and effective 10/1/04, no more than 580 hours vacation leave and one half of sick leave to a maximum of 600 hours. 1. A post October 1, 1978 employee who retires between the ratification date and on or before September 30, 2001, shall be entitled to termination payout of one-half (\I,) ofhislher accrued sick leave up to a maximum payout of 480 hours. 2. A post 1978 employee who retires on or after October 1, 2001, shall be entitled to a termination payout of one-half (\I,) of his /her accrued sick leave up to a maximum payout of 600 hours. Section 8.9. 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 or domestic partner as defined in the Domestic Partner Leave Ordinance of an employee, he or she shall be allowed two (2) days off for each death for the purpose of making arrangements and/or attending the funeral, without loss of pay and without charge to accrued sick leave or vacation days of said employee. In such circumstances, additional time off may be granted at the discretion of the Chief of the Police Department, and shall be chargeable to the accrued sick or vacation leave of such employee. Requests for additional time off shall be submitted in writing to the Chief. Section 8.10. Court Time Compensation. Effective October 1, 2004, 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 and effective April 1, 2004, a minimum of four (4) hours per day shall be guaranteed. However, ifthe employee's first court appearance begins within one (1) hour of FOP - 18 the start of his /her shift or ends within one (1) hour after the end ofhislher 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). (d) No Pyramiding. Compensation shall not be paid more than once for the same hours. Section 8.11. Out-or-Classification Pav. When an employee is assigned by the shift commander to perform at the level of a higher rank, he shall be paid for the duration of the assignment at an hourly rate of pay of one dollar ($1.00) higher than his/her regular rate; provided that this shall in no way constitute an obligation to assign an employee to a higher classification under any circumstances and it is recognized that the City retains the right to determine when and for how long an employee will be temporarily assigned to a higher classification. Section 8.12. Standbv Pay. When an employee is placed on standby during off-duty hours by order of the shift commander for the purpose of being available to return to duty to handle emergency crowd control or natural disasters, he will be paid one-half (1/2) of his regular base rate for all standby time up to a maximum of eight (8) full-time hours in a twenty-four (24) hour period starting with the time he is notified to stand by. Standby remuneration shall cease at the earlier of sixteen (16) hours in a twenty-four (24) hour period or when the employee is notified by order of the shift commander that the standby order is rescinded. Standby hours shall not be considered as hours worked for purposes of overtime. Section 8.13. 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. FOP - 19 Section 8.14. Sunl!:lasses 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 is engaged in active police work such as arrests, pursuit, physical conflict or vehicular accidents. Section 8.15. Field Traininl!: Officer. When an employee who has completed the field training officer program is assigned to on-duty training of a trainee or new police officer, the field training officer will receive an additional $1.00 per hour for each hour(s) he is assigned to train. Section 8.16. Iniurv Service Connected. For two (2) sixteen (16) week periods, the City agrees to compensate any member of the bargaining unit with the difference between the weekly disability workers' compensation benefit received or which the employee is entitled to receive, and his or her regular rate of pay for any time lost from work due to injuries sustained under the following circumstances: 1) While on duty and entitled to be paid by the City; or 2) While reasonably exercising police officer functions within the City limits of Miami Beach while off duty; or while working a departmentally sanctioned off-duty job; or 3) While exercising police officer functions when there is a physical danger to a person and the employee takes reasonable action off duty in Dade or Broward or Palm Beach County; or 4) When operating a City vehicle, being duly authorized to do so by the City; or while on a reasonably direct travel route to or from work and home in their private vehicle while within the City limits. 5) In the circumstances described above (subparagraphs 1 through 4), the City agrees that it is and will consider itselfthe employer and the employee the City's employee. After the advice and comments of the Police Chief and the FOP President, the City Manager, at his sole discretion, may extend the above-described I.S.C. payments beyond thirty-two (32) weeks. This decision is not FOP - 20 subject to grievance or arbitration. The approvals for receipt of this compensation as presently required shall be continued. Section 8.17. Special Assil!:nment Allowance. Employees assigned on a permanent basis to motorcycles shall receive a special assignment pay of five percent (5%) in accordance with existing practice. Employees assigned to work a 5-8 shift shall receive a special assignment pay of two and one-half (2-1/2%) percent. Employees who are on 5-8 light duty because of non-service connected injury or illness shall not receive the special assignment pay. Employees who are on 5-8 light duty because of service-connected injury or illness, where the City doctor approves a 40-hour work schedule, and who have demonstrated the ability to work a 40-hour workweek, shall receive the special assignment pay for all hours worked on 5-8's. If the ISC light duty employee takes off work and receives I.S.C. payments, the employee will not receive the 2-1/2% special assignment pay for time not worked. Section 8.18 Extra Weapon. Employees will be allowed to carry a concealed, extra weapon while on duty, as approved by the range master. Section 8.19. Quality of Life. The City agrees to implement a Quality of Life Program on an experimental basis. Effective the first full payroll period beginning after September 30, 2005, the City agrees to pay a supplement of$14.40 per pay period for those employees participating in the program. Beginning the first full payroll period after September 30, 2006, at the rate of$28.80 per pay period for those employees participating in the program. The Police Department shall develop certification requirements which employees must meet to be eligible for any Quality of Life supplemental payments. The quality of Life supplement will be made available as long as the program is in effect. Section 8.20. Forced Holdover. If an employee is forced to stay beyond the hours ofhis/her regular shift, such additional hours will be paid at double the regular rate starting April 1 ,2004. This provision applies to minimum staffing purposes only and does not include unexpected or special events such as, hurricanes or other acts of God, demonstrations, holiday or special events, etc. FOP - 21 Section 8.21. Pension The pension benefits as they currently exist shall continue, except that the City shall amend the pension plan to provide the following benefits for bargaining unit members who retire on or after October 1, 2001: A. Member with 20 or more years of creditable service who are eligible to receive normal or early retirement benefits under the System may purchase additional creditable service under the System for up to 2 years of full-time public safety service as a law enforcement officer prior to City employment, provided the member is not entitled to receive a benefit for such service under another pension plan, and further provided that the member may not purchase a combined total of more than 4 years of creditable service for prior public safety service and prior military service. The cost for each year of creditable service for prior public safety service purchased shall be the same rate as provided in the plan for the purchase of military service, with the cost prorated for fractional years of service. For purposes of this purchase, an employee may use the value of accrued sick and/or annual leave, valued at the employee's hourly rate at the time of purchase. B. Members with 20 or more years of creditable service who are eligible to receive normal or early retirement benefits under the System may also purchase up to an additional six percent (6%) multiplier, in increments of three percent (3%), provided the combined total of additional years of creditable service purchased pursuant to paragraph (A), above, may not exceed 2 years if a member purchases an additional six percent (6%) multiplier, or 3 years if the member purchases an additional three percent (3%) multiplier. The cost for each additional three percent (3%) multiplier purchased shall be the same as the cost for each year of prior public safety service or military service. For purposes of this purchase, an employee may use the value of accrued sick and/or annual leave, valued at the employee's hourly rate at the time of purchase. Section 8.22. Premium Pav Supplement Continl!:ent Upon the Department's Obtaininl!: and Maintaininl!: Certain Accreditations. In recognition for obtaining and maintaining the accreditations described below, the following premium pay supplements will be paid under the following terms: 1. Effective with the first full payroll period that occurred after December 2, 2000, the date on which the Police Department obtained Accreditation by the Commission on Accreditation for Law Enforcement Agencies (CALEA), all bargaining unit members shall be paid a premium pay supplement of$40.00 per FOP - 22 pay period for as long as the Police Department maintains CALEA Accreditation. The parties agree, however, that if the CALEA Accreditation is discontinued, this premium pay supplement shall be discontinued in the first full payroll period that occurs after the CALEA Accreditation is discontinued or revoked. 2. Accreditation by the State Commission for Florida Law Enforcement. A separate conditional accreditation premium pay supplement in the amount of$l 0.00 per pay period shall be paid beginning October 1, 2001, to all bargaining unit employees in the Police Department for accreditation from the State Commission for Florida Law Enforcement, Inc. If this state accreditation is denied, revoked, or discontinued for any reason, the parties agree that the $10.00 premium pay supplement shall be automatically discontinued in the first payroll period after such denial, revocation, or discontinuance. If either of the accreditations provided for in subsections (1) or (2) above are discontinued for reasons unrelated to the action or inaction of bargaining unit members, then the supplement shall continue. Section 8.23. Buvback ofProbationarv Time. Employees covered by this agreement may elect, by written notice served on the Board of Trustees, to receive creditable pension service time for any or all of their time served as probationary police officers. In order to receive such creditable pension service time, employees should be allowed to purchase any or all of such time through the use of accrued annual leave, sick leave, cash or any combination thereof. In the event such purchase is not made within six months of successful completion of probationary period, the amount paid shall include interest at the rate of three percent (3 %) per annum excluding first six months. Section 8.24. FOP Re-opener for the calculation of overtime for pension purposes. On or after January 1, 2006, the FOP may request, with 30 days notice, a re-opener to discuss the calculation of overtime for pension purposes. Any such discussions shall not exceed a period of90 days from the date ofthe first meeting, and in no event shall the discussions continue beyond the contract expiration date. FOP - 23 Section 8.25. "Me Too" with the IAFF. The FOP reserves the right to a "me too" agreement with the IAFF should the City modify the IAFF agreement on parallel issues, with the exception of Court time and Alternate Holiday Pay. Section 8.26. DROP. The pension benefits as they currently exist shall continue, except that the City shall amend the pension plan to provide the following benefits for plan members who retire on or after October 1, 2001: A. Members with 20 or more years of creditable service who are eligible to receive normal or early retirement benefits under the System may purchase additional creditable service under the System for up to 2 years of full-time public safety service as a police officer prior to City employment, provided the member is not entitled to receive a benefit for such service under another pension plan, and further provided that the member may not purchase a combined total of more than 4 years of creditable service for prior public safety service and prior military service. The cost for each year of creditable service for prior public safety service purchased shall be the same rate as provided in the plan for the purchase of military service, with the cost prorated for fractional years of service. For purposes of this purchase, an employee may use the value of accrued sick and/or annual leave, valued at the employee's hourly rate at the time of purchase. B. Members with 20 or more years of creditable service who are eligible to receive normal or early retirement benefits under the System may also purchase up to an additional six percent (6%) multiplier, in increments of three percent (3%), provided the combined total of additional years of creditable service purchased pursuant to paragraph (A), above, may not exceed 2 years if a member purchases an additional six percent (6%) multiplier, or 3 years if the member purchases an additional three percent (3%) multiplier. The cost for each additional three percent (3%) multiplier purchased shall be the same as the cost for each year of prior public safety service or military service. For purposes of this purchase, an employee may use the value of accrued sick and/or annual leave, valued at the employee's hourly rate at the time of purchase. a) DEFERRED RETIREMENT OPTION PLAN (DROP) FOP - 24 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 36 months. Notwithstanding, participation may not continue beyond the date when the employee's combined years of creditable service and time in the DROP equals 352 months (387 months for employees who were Plan members prior to July 1, 1976), except for those persons entering the DROP under the window period set forth in Paragraph 11 below. 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 ofhis/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. 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. FOP - 25 4. Effect of DROP Participation a) An employee's credited service and his/her accrued benefit under the Pension Plan shall be determined on the date of his /her election to participate in the DROP first becomes effective. b) The employee shall not accrue any additional credited service while he/she is a participant in the DROP, or after termination of participation in the DROP. c) A DROP participant is not eligible for disability benefits from the Plan. d) An employee may participate in the DROP only once. e) Effective with the start date of an employee's DROP participation, contributions to the Pension Plan by the employee and the normal cost contribution to the Pension Plan by the City, on behalf of the employee, shall cease. 5. Payments to DROP Account - A DROP account shall be created for each member who elects to participate in the DROP. A DROP account shall consist of amounts transferred to the DROP from the Plan, which include the monthly retirement benefits, including any future cost of living increases, that would have been payable had the member elected to cease employment and receive a normal retirement benefit upon commencing participation in the DROP, and eamings on those amounts. 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. FOP - 26 b) A rnember's DROP account shall only be credited or debited with eamings while the member is a participant in the DROP and, depending on the DROP Account Payment Options selected, after the mernber 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. 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 frorn the DROP in a partial lump sum payment with the remainder being directly rolled over into an eligible retirement plan. c) Direct Rollover - All accrued DROP benefits, plus interest, shall be paid from the DROP directly to the custodian of an eligible 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. FOP - 27 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 rnember 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 rnake 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, ornot 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. FOP - 28 ARTICLE 9 F.O.P. HEALTH TRUST Section 9.1. For Fiscal Year 2003-04, The City will continue to fund the current contribution amount for health care. Such contribution is currently: Single: $307.86 Family $755.33 In future years, the City's contribution shall increase based on the Miami Beach Fraternal Order of Police Insurance Trust Fund's annual cost projections based on claims experience and administrative costs as determined by its qualified consultant and documents supporting the annual percent increase; however, the City's increase to the current contribution amount to the health trust shall not exceed the average of the straight line percentage** increase in premiums for the City's various medical plan options. For example, the City's average of the straight line percentage increase in premiums for the City's various medical plan options increase is 8% The Trusts projected cost actuarially calculated increase is 10% The City will increase the monthly amount it pays duringjiscal year 2004-05 from $307.86 for single coverage to $332.49 (8%). If the Trust were to calculate an amount lesser than the City's increase,for example a 5% increase, and the City's increase is 8%, the City will contribute the lesser amount of increase, which would be 5% Conversely, if the City's renewal rate is flat, or a negative percent, then the City's contribution to the health trust for that particular fiscal year will be based on the average percent increase of the Police Insurance Trust Fund in their previous three years based on the Miami Beach Fraternal Order of Police Insurance Trust Fund's annual consultant's costs calculations based on claims experience, and administrative costs. The City's contribution amounts will help fund the level of benefits provided under the current plan as of the date this contract is signed*. Ifplan design changes cause an increase in the Trust fund premium, the City is not required to increase its contribution as a result of the plan design change. FOP - 29 Financial disclosure reports are to be presented to the City Manager no later than July I sl of each year. Such report must include the increase percent identified by the Trust's plan consultant for the following City fiscal year. The City understands that it will provide the projected renewal information to the Trust, by July 1 sl of each year, and that the final renewal rates will be submitted when they are available, and prior to October 1 sl of each year. The City will be notified of the annual meeting at which benefit changes are under consideration and the City shall be allowed to send a representative to that meeting. Also, any consulting reports analyzing benefit changes will be provided to the City for purposes of that meeting. *Upon ratification of this agreement, the parties shall supply each other with the current plan designs in effect for year 03-04. **The straight line average is defmed as the total ofthe percentage increase in premium for each of the City's medical plan options divided by the number of the City's medical plan options Section 9.2. (a) All eligible employees and their dependents described in Section 7 shall be eligible to enroll in the F.O.P. Health Trust Plan and shall not be eligible to participate in the City Plan during their employ or retirement for so long as the F.O.P. Trust exists. (b) A non-bargaining unit sworn police officer who elects to enroll in the F.O.P. Health Plan may apply to the Trust and will be enrolled upon leave of the Trustees, and thereafter will be deemed to be a covered employee provided he or she meets the following criteria: (i) Must be on the City Police Department Payroll at the time of enrollment; (ii) Must be anF.O.P. rnember for two years (or length of time in Departmentifless than two years) prior to enrollment, and must maintain membership throughout the period of coverage; FOP - 30 (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 9.3. (a) All covered employees and covered retirees shall be allowed to continue under the City's Dental Plan as it may exist. (b) The City shall also contribute to the Trust the amount of premium it is paying for term life insurance for covered employees and covered retirees. Section 9.4. The City's Insurance Plan shall be responsible for the runoff of all claims incurred prior to the time the F.O.P. Health Trust Plan went into effect. Section 9.5. The City shall be provided with a copy of the F.O.P. Health Trust Plan booklet and the Trust Agreement, and any other information required by law and shall be apprised of any changes in the Trust Agreement and/or Plan benefits. Additionally, a copy ofthe Trust's annual C.P.A. audit report shall be sent to the City Manager and the Trust or their designee shall in a reasonable time period answer reasonable inquiries concerning the finances of the Trust. Section 9.6. The F.O.P. shall indemnify and hold the City harmless against any claim, demand, suit, or liability, and for all legal costs arising in relation to the implementation or administration of the F.O.P. Health Insurance Trust and Plan, except if the City's acts or omission give rise to its own liability. Section 9.7. Employees in the bargaining unit eligible for inclusion in the Health Trust Plan must be employed at least ninety (90) days and be on the City Police Department payroll. Section 9.8. Employees covered by this Agreement who retire, resign, or are terminated by the City must be vested in the Police pension plan at the time of such retirement, resignation or termination in order to receive a FOP - 31 contribution by the City towards his/her health insurance premium after such retirement, resignation or retirement. Section 9.9. Ernployees in the bargaining unit shall be eligible to participate in the City's voluntary benefits plan, which may be rnodified by the City frorn time to time. The voluntary benefits plan shall be administered by the City. FOP - 32 ARTICLE 10 EDUCATIONAL LEAVE AND TUITION REFUND Subject to applicable Personnel Rules, an employee may request an educational leave of absence without pay to take a course or courses in a field related to the work assignment of said employee. The City's tuition refund program shall be continued for the term of this Agreement. FOP - 33 ARTICLE 11 GENERAL PROVISIONS Section 11.1. Safety and Health. The City and the FOP shall cooperate in matters of safety and health affecting the employees covered by this Agreement. Section 11.2. FOP Activitv and Non-Discrimination. Neither the City nor the FOP shall discriminate against any employee due to that employee's membership, non-membership participation, lack of participation, or activities on behalf of, or his refraining from activity on behalf of the FOP. No employee covered by this Agreement shall be discriminated against because of race, creed, national origin, religion, sex, sexual orientation, ethnic background or age in accordance with applicable State and Federal laws. The FOP agrees to cooperate with the City in complying with Federal, State and local laws requiring affirmative action to assure equal employment opportunity. The parties will comply with the Americans with Disabilities Act. Section 11.3. Reduction In Work Force. When there is a reduction in the work force, employees will be laid off in accordance with their length of time in grade service and their ability to perform the work available and applicable veterans preference laws. When two or rnore employees have equal ability, the employee with the least amount of service will be the first one to be laid off. When the working force is increased after a layoff, employees will be recalled in the order of seniority, with employees with greater seniority recalled first. Notice of recall shall be sent to the employee at the last known address by registered mail or certified mail. If an employee fails to report to work within thirty (30) days from date of receiving notice of recall, he shall be 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 11.4. Uniforms and Clothinl!: Allowance. The City will continue its present policy concerning uniforms and will provide uniformed personnel with a Fifty Dollar ($50.00) monthly maintenance allowance. FOP - 34 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) rnonths in the civilian clothes assignment. If the reimbursement is caused by a transfer, the reimbursable amount shall be collected at the rate of Seventy-Five Dollars ($75.00) per month. The City reserves the right, on January I, 2006 or thereafter, to reopen this Agreement to discuss the implementation of a uniform and clothing cleaning service program to replace the current contractual provisions concerning uniform and clothing allowance. Section 11.5. Disclosure of Records. Employees will not have information contained within any of their files disclosed to persons other than managerial and supervisory employees unless the person requesting such information (including home telephone number, address, etc.) shall complete and sign a "Request for Information" form and present proper identification, provided, however, that information which is made confidential by state or federal statute shall not be disclosed except in accordance with the requirements oflaw. 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 11.6. Transfers. It shall be the sole right of the Chief of Police or his designee to transfer employees ofthe 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 rnay 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. FOP - 35 Section 11.7. Meetinl!: Between Parties. At the reasonable request of either party, the FOP President, or his representative, and the City Manager, or his representative, shall meet at a mutually agreed upon time and place to discuss matters that require immediate discussion. Section 11.8. NCl!:otiatinl!: Sessions. Time and dates for negotiating sessions shall be mutually agreed upon. Up to three (3) on duty FOP representatives shall be permitted to attend negotiating sessions without loss of payor benefits if they were otherwise scheduled to work. Section 11.9. Job Descriptions. It is understood by the parties that the duties enumerated in the job description promulgated by the City are not always specifically described and are to be construed liberally. The City agrees to notify the FOP of any change in the job description of any classification in this bargaining unit. Section 11.10. Defense of Members. In the event any action for civil darnages 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. Section 11.11. Personnel Rules and Departmental Manual Copies of the Personnel Rules and Regulations will be kept by Majors and Captains whose copies will be available to members of the bargaining unit upon request. A copy of the manual of the Police Department is provided to all employees in the department and proposed changes in said rnanual will be supplied to the President of the FOP or his designated representative before implementation and an opportunity to discuss the changes will be afforded. Any changes to SOP's shall contain a detailed legislative style description of the proposed changes. Section 11.12. Incorporation of Personnel Rules. 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. FOP - 36 Section 11.13. Medical Leave of Absence. After this Agreement is ratified, any employee requesting time off without pay as a Medical Leave will be granted the time requested up to one (1) month, or longer at the Chiefs discretion. Employees may use any accumulated leave time or comp time during this leave. FOP - 37 ARTICLE 12 SEPARABILITY If any provision of this Agreement is held to be in conflict with any law as finally determined by a court of competent jurisdiction, that portion of the Agreement in conflict with said law shall be inoperative and subject to immediate renegotiation for a replacement provision, but the remainder of the Agreement shall continue in full force and in effect. FOP - 38 ARTICLE 13 TIME BANK A Time Bank shall be authorized by the City of Miami Beach, whereby rnembers of the bargaining unit may voluntarily donate accrued annual leave and sick leave to an FOP Time Bank so that the President, or his designee(s), may draw from such Time Bank, thereby detaching said person(s) from the normal course of their City assigned duties in order that they may be permitted to perform duties in keeping with the obligations of the FOP to its membership. The Time Bank shall not be utilized for the purpose of attending collective bargaining sessions between the FOP and the City of Miami Beach. Time will be deposited into the Time Bank only after the contributor voluntarily signs an authorization card detailing the type and amount of time to be donated. These cards are to be forwarded on a quarterly basis to the Chief of Police for his signature. The Chief of Police will then forward this material to the Personnel Director who shall take appropriate action to implement the provisions of this section. Time deposits shall be in hourly increments, with three (3) hours being the minimum amount accepted. The President, in his own behalf or on behalf of his designee(s), shall fill out the appropriate form to be supplied by the city for each employee authorized to draw from the Time Bank. Said form shall be submitted by the President at least five (5) days in advance of anticipated use. This form shall also include the statement that: "Upon deduction oftime by the City, the undersigned officer agrees to hold the City harmless for any error or omissions in making said deduction or allocating the deducted time to the time pool." This request shall be reviewed by the Chief of Police, or his designee, and approved subject to the manning requirements of the department. Such approval shall not be arbitrarily withheld. Such approval, once having been authorized, rnay be rescinded subject to the manning requirements of the department. Tirne donated to the Time Bank shall be converted to the salary dollar equivalent of the donor(s), and time used shall be in salary dollar equivalents of the employee(s) using the pool time. Time donations shall not increase in value. For purposes of computation, only base pay and longevity will be used. Time donated but not used FOP - 39 will not be retrievable and will remain in the Time Bank for so long as this provision is effective. In the event the Time Bank is discontinued, the FOP shall be entitled to use the hours remaining pursuant to the provisions of this section. Any injury received or any accident incurred by an employee whose time is being compensated by the FOP Time Bank, shall not be considered a line-of-duty injury, nor shall such injury or accident be considered to have been incurred in the course and scope of the employee( s) employment by the City of Miami Beach within the meaning of Chapter 440, Florida Statutes, as amended. The City reserves the right to rescind any provisions of this Article which are found illegal. If any provision of this section is found to be illegal, this section or any portion thereof shall immediately be renegotiated. FOP - 40 ARTICLE 14 DRUG TESTING Upon reasonable belief, based upon objective factors, that an employee has used an unlawful drug, the Chief of Police or, in his absence, the Assistant Chief, may direct the employee to submit to a urinalysis for detection of drugs. In the case of a drug test, the following conditions will be applicable: ( a) A split sample of the urine will be obtained so that two different laboratories to be selected by prior agreement of the City and the FOP may test the urine if desired: (b) Ifthe 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 beliefto direct a 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 fmds there is reasonable belief, or ifno 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. FOP - 41 (f) In the case of either or both urine tests, the cutoff shall be the nanogram threshold which shall be established by prior agreement between the parties in the Random Drug Testing Agreement. FOP - 42 ARTICLE 15 HEART DISEASE PRESUMPTION Any condition or impairment of health of any detention or sworn officer caused by heart disease resulting in total or partial disability or death shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary be shown by satisfactory evidence; provided, however, that such detention or sworn officer shall have successfully passed a physical examination upon entering into such service as a detention or sworn officer, which examination failed to reveal any evidence of heart disease. If at any time this Section is placed before an arbitrator for interpretation or application, what is "satisfactory evidence" shall be determined by the arbitrator. If rights of detention or sworn officers are placed before the Bureau ofW orkers Compensation, then what is "satisfactory evidence" will be determined by the Bureau in accordance with Workers Compensation law. Nothing herein shall be construed to be a waiver or limitation of any benefit provided under Florida Statute 112.18. FOP - 43 ARTICLE 16 PROMOTIONS Section 16.1. Advancement to the ranks of Sergeant and Lieutenant shall be by examinations that measure the knowledge, skills, and ability of personnel and by seniority. A promotional examination will be given every two (2) years, unless the FOP President and the City Manager mutually agree to some other schedule. Effective with the first test given after ratification, the following revisions to Article 16 shall apply. Section 16.2. Eligible applicants for the promotional examination for Sergeant and Lieutenant shall be given a two-part examination, consisting of a validated, written test, which shall comprise fifty percent (50%) of the final examination score, and an Assessment Center or a mutually agreed upon behavioral assessment component. The Assessment levels shall have a weight of fifty percent (50%) of the total score. The written portion shall be given fIrst and applicants for Sergeant or Lieutenant positions must successfully pass the written test with a raw score of seventy percent (70%) to be eligible, at a later date, to take the Assessment Center or the behavioral assessrnent cornponent portion of the examination. Passing scores for the Assessment Center or the behavioral assessment component shall be set by the test consultant. If there are not a significant number of minorities promoted after the next round of promotional testing after the effective date of this Agreement, the parties will meet to review the respective weights and re-negotiate the Article, if necessary. Section 16.3. All police officers who on written test date have four (4) years of seniority from date of appointment to Police Officer or Police Officer Trainee and performance evaluations of satisfactory or above for the preceding twenty-four (24) month period shall be eligible to take the Sergeant's test. All Sergeants who on written test date have two (2) years seniority from the date of appointment as Sergeant and performance evaluations of satisfactory or above for the preceding) twenty-four (24) month period. shall be eligible to take the Lieutenant's test. Applicants must, in both cases, apply on or before the application cut off date and time in accordance with Personnel Rules. The Human Resources Director may refuse to permit an applicant to take the examination on the grounds of conduct disgraceful to the Department and his/her officer status; or refused advancement from probationary status. In the latter case, if at least three (3) years have elapsed since such failure of probationary advancement, FOP. 44 such candidate will be considered qualified. Should any applicant, so disqualified for any of these alleged reasons, contest such disqualification, he shall have access to the grievance procedure under this contract. Section 16.4. The Human Resources Director shall cause to be developed validated examinations which closely measure the knowledge, skills, and abilities of a Miami Beach Police Sergeant and a Miami Beach Lieutenant, administer such examinations, and prepare a promotional register, one for Sergeants and one for Lieutenants, containing the names of persons who have passed the test ranked in the order of such examination scores. Promotions shall be by rank order. The FOP shall facilitate participation of bargaining unit employees in providing information in order to conduct the job analyses and develop the tests within the time frames requested by the process; provided that such participation shall be on duty time. Section 16.5. Seniority Points: 0.2 point shall be added to an employee's Sergeant's passing examination score for each completed year of service, to a maximum of 25 years. 0.25 points shall be added to an employee's Lieutenant's passing examination score for each completed year in grade as a Sergeant. Section 16.6. Book Committee. A committee of five (5) incumbents selected by the Chief shall select the books and test material from which technical knowledge questions on the written test and behavioral assessment component will be drawn. Final selection shall be made after consultation with the test developer. Such selection or changes therein, shall only be made after a representative of the FOP shall have a reasonable opportunity to meet and provide input on the selection process. The test material chosen for the written test and for the behavioral assessment component shall be described and announced by the City to the FOP and its members at least three (3) months before such test. Overview, Orientation, and Preparation sessions for the written test and for the Assessment Center test or the behavioral assessment test shall be given at least thirty (30) days prior to each test. FOp. 45 Section 16.7. Written Test Scorinl!:. Within 24 hours after the administration of the written test, an applicant scoring session will be conducted. Each examinee will be able to review a copy ofhis/her own answer sheet and the scoring key (for his/her use during the review session only), with the correct response, the name of the reading source and location from which each written test question was drawn. Challenges will be written and submitted to the test developer during a minimum of two (2) posttest review sessions occurring on separate days, and conducted within ninety-six (96) hours oftest completion. The test developer shall conclusively decide all challenges based upon standard industry techniques. Section 16.8. Assessment Center Test or Behavioral Assessment Test Challenl!:es. Upon completion of the determination of a score for the Assessment Center Test or the behavioral assessment test, each examinee shall be furnished with his/her test result. Human Resources shall establish a reasonable time period within which each examinee may review their examinations at a post-test review appointment. Challenges regarding the components of this portion of the examination must be rnade in writing to the test developer within ninety- six (96) contiguous hours after the post-test review appointment. The test developer shall conclusively decide all challenges based upon standard industry techniques. For each examinee who submitted a challenge, each examinee's own challenge and response will be available no later than eight (8) weeks after the date of the last examinee's submission of challenges. Section 16.9. Formal exarnination scores and a promotional list shall be certified and posted within two (2) weeks after completion of all challenges in ~ 16.8 above. Promotional lists shall expire eighteen (18) months be in effect for up to two (2) years after the certification and posting of the results of the promotional examination within the discretion of the Police Chief, and the Director of Human Relations, Labor and Risk Management, after discussion with the President of the FOP. Section 16.10. In the event of same day promotions, seniority rank in the new position shall be determined, in the order of standing on the promotional list. If there is a tie in the final scores that places more than one examinee in the same position on the promotional list, these examinee's ranking order on the promotional list shall be determined in the order of the examinee's seniority in the rank thatthey presently hold (i.e., a tie score between two (2) sergeants will be determined by awarding the highest ranking to the examinee with the most FOP. 46 seniority as a sergeant, and a tie score between two (2) officers will be determined by awarding the higher ranking to the examinee with the rnost seniority as an officer, etc.). FOP - 47 ARTICLE 17 F.O.P. PRESIDENT Section 17.1. The Miami Beach Fraternal Order of Police, Lodge No.8, Lodge President shall have the option, for each fiscal year, of closed "D.D." (Detached Duty), as outlined in Section 17.2 below, or to conduct union business (under the conditions described in Section 17.2 below), through the use ofa time bank. For fiscal year 2003-2004, the tirne bank shall be 1500 hours, covering the period April 1 ,2004 through September 30, 2004. The FOP President shall notify the Police Chief in writing by March 15, 2004, whether he elects to utilize the 1500 hour time back provision or the D.D. provisions contained in Section 17.2 below. For fiscal year 2004-2005, the time bank shall be 1500 hours, covering the period October 1,2004 though September 30, 2005. The FOP President shall notify the Police Chief in writing, by September 15, 2004, whether he elects to utilize the 1500 hour time bank provision or the D.D. provision contained in Section 17.2 below. For fiscal year 2005-2006, the time bank shall be 1500 hours, covering the period October 1, 2005 through September 30,2006. The FOP President shall notify Police Chief, in writing, by September 15, 2005, whether he elects to utilize the 1500 hour time bank provision or the D.D. provisions contained in Section 17.2 below. Unused time bank hours from one contract year shall rollover to the next contract year, not to exceed a total maximum 00000 hours per contract year. Time for attendance at negotiations for a successor agreement is addressed in Article 11.8 of this Agreement. Section 17.2. The Miami Beach Fraternal Order of Police, Lodge No.8, Lodge President shall be released and detached from full time duties as a police officer while serving as Lodge President and shall be carried full-time in a pay status to be shown on the payroll as "D.D." (Detached Duty). The following conditions shall apply: A. For the purpose of recording time, the Lodge President will notify the Police Chief of all absences, including vacations, sick leave, meeting attendances, out oftown trips, etc. The Lodge President shall be required to work a 40-hour workweek. B. The Lodge President will be available at the FOP office currently located at 999 11th Street, Miami Beach, Florida 33139, for consultation with the Police Department Management or the City Administrators between normal working hours. FOP - 48 C. Should the Lodge President wish to change offices, (s)he will notify the Police Chief, in writing, at least five (5) working days prior to the proposed change. Said notice will include the address and the telephone nurnber of the new office for the FOP Lodge President. D. In the absence of the Lodge President, the Lodge President's designee may represent the Fraternal Order of Police. E. The FOP will not send additional employees in a pay status to attend City Commission or Personnel Board meetings without approval of the Police Chief or his designee. F. All applicable Miami Beach Police Department rules, regulations and order shall apply to the person who is the President of the Lodge and on D.D. Section 17.3. The Management of the Miami Beach Police Department or the City Administration reserves the right to rescind the provisions of this Article in the event that it is found to be illegal. Canceling the Article shall not preclude further discussions of any Lodge Presidents' release for Union business. FOP. 49 ARTICLE 18 ENTIRE AGREEMENT The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the FOP, for the duration ofthis 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 Agreernent, or with respect to any subject or matter referred to, or with respect to any subject or matter not specifically referred to, or covered in this Agreement, even though such subject or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. This Article shall not be construed to in any way limit or restrict the parties from negotiating, as provided in the Florida Laws, or any succeeding agreement to take effect upon the termination of this Agreement or any succeeding term of this Agreement. FOP - 50 ARTICLE 19 TERM OF AGREEMENT This Agreement shall be effective as ofthe 1 st day of October, 2003 and shall remain in full force and effect until the 30th day of September, 2006. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing at least thirty (30) days prior to the anniversary date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin promptly. EXECUTED by the parties hereto on this /f~ay of /lI)ltI/ 2004. MIAMI BEACH FRATERNAL ORDER OF POLICE, LODGE NO.8 CITY OF MIAMI BEACH By: By'd;;~Nz2 ~ CITY MANAGER "'-J Approved by vote of the City Commissi ~<~ ~c- / 2004. MAYOR Af:iJ f~ ROBERT PARCHER, CITY CLERK Date: /! .II!I/l~ /I ;100 'I APPROVED AS TO fORM & LANGUAGE & FOR EXECUTION ~J~ FOP - 51 FRATERNAL ORDER OF POLICE FOP LODGE NO.8 ELECTION OF REMEDY FORM Grievance No. 1._ I/W e 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/i\ppeal: FOP - 52 Addendum: Hearing Examiner Rules HEARING EXAMINER RULES SECTION 1: REQUEST FOR HEARING: Any rnember of the bargaining unit may appeal from disciplinary action within ten (10) days after the delivery or mailing to himlherofsuch written notice, by filing a written request for a hearing to the Hearing Examiner or his/her designee. If the tenth day falls on a Saturday or Sunday, he/she will have the ability to file for an appeal on the following Monday. SECTION 2: DISCIPLINARY HEARINGS: (a) The City Manager or his/her designee not later than ten (10) days after receipt of such appeal, shall fix a place and time for holding a public hearing within a reasonable time thereafter. Written notice of such time and place shall be delivered or mailed promptly to both the Appellant and the Appointing Officer. Only the Hearing Examiner may grant a continuance to either party for good and sufficient cause. No continuance shall be granted to either party unless such request for continuance is received in writing by the City Manager or his designee at least ten (10) days prior to the date of said scheduled hearing of appeal. (b) The Hearing Examiner may, at the request of the Appointing Officer or the Appellant, call or request any person or records for the purpose of ascertaining the facts. (c) The Appointing Officer or a representative designated by him/her, shall have the right to be present at such hearing and to be represented by the City Attorney. (d) The Appellant shall have the right to be present at such hearing and to be represented by an attorney ofhis/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. (t) The Appointing Officer shall have the burden of presenting evidence to support the truth of the charges as contained in the written notice. FOP - 53 (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 ofthe 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 argurnent, the Hearing Examiner shall consider the testimony and evidence presented before the Hearing Examiner to determine the truth or untruth of the charges. (k) Within five (5) working days after the completion of the hearing, the Hearing Examiner shall issue his or her findings as to the truth or untruth of the charges in writing. The City Manager or his/her designee shall promptly deliver or mail a copy of such findings to the Appointing Officer and to the Appellant. (1) A copy of the written statement given the officer or employee, a copy of any reply thereto, and a copy of the findings of the Hearing Examiner shall be filed as a Public Record in the Human Resources Department. FOP - 54 PHILLIPS, RICHARD & RIND, P.A. ATTOltNEYS A1' fAll' KATI.1U,EN M. PHILLIPS MARK RICHARD OSNAT K. RIND 9360 SW 72 STREFT, SlllTF. 1~3 MIAMI. FLORIDA 33173 '1',,1 (Jl1S) 412-R322 Fax: IJOS) 411-R299 OF COUNSEl,: LIBBY I-IERRERA.NAVARRF.TF. P A. March II, 2004 VIA FACSIMILE & U.S. MAIL Jorge 1\.1, Gonzalez, City Manager City of Miami Bcach 1700 Convention Center Orive, 3rt! Floor Miami Beach, FL 33139 Re: Results of Ratification Vote: Miami Beach FOP Dear Mr. Gonzalez: n,is is to notify the city, in accordance v.ith Rule 38D-20-002, that the bargaining unit represented by the Miami Beach FOP voted to ratify the 2003-06 collective bargaining agreement via secret ballot election by a vote of 153 -127. Very truly yours, \ KMP/ms Cc: Robert Jenkins ..-,.