Agreement with the Fire Fighters of Miami Beach Local 1510 e 5b 2b-ZZ-323)2
AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
and the
FIRE FIGHTERS OF MIAMI BEACH
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 1510
AFL-CIO-CLC
• Period Covered
October 1, 2021 through September 30, 2024
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TABLE OF CONTENT
PAGE
AGREEMENT 6
ARTICLE 1 RECOGNITION 7
ARTICLE 2 DEDUCTION OF UNION DUES
Section 2.1 Check-off 8
Section 2.2 Indemnification 8
ARTICLE 3 GRIEVANCE PROCEDURE
Section 3.1 Definition of Grievance and Time Limit for Filing 9
Section 3.2 Definition of Weekday 9
Section 3.3 Grievance Procedure 9
Section 3.4 Election of Remedies 10
Section 3.5 Binding Arbitration 10
Section 3.6 Authority of Arbitrator 11
Section 3.7 Expenses 11
Section 3.8 Processing Grievances 11
Section 3.9 Suspensions, Reductions in Pay or Class, or Removal 11
Section 3.10 Probationary Period 12
Section 3.11 Union Grievance Committee 12
Section 3.12 Waiver of Time Limitations 12
ARTICLE 4 NO STRIKE AND NO LOCKOUT
Section 4.1 No Strike 13
Section 4.2 No Lockout 13
ARTICLE 5 MANAGEMENT RIGHTS 14
ARTICLE 6 GENERAL PROVISIONS
Section 6.1 No Discrimination 15
Section 6.2 Union Activity 15
Section 6.3 Seniority List 15
Section 6.4 Relief at Fire 15
Section 6.5 Exchange of Time 15
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TABLE OF CONTENT—continued PAGE
Section 6.6 Protection of City Property and Equipment 15
Section 6.7 Uniforms 15
Section 6.8 Meetings Between Parties 16
Section 6.9 Union Time Bank 16
Section 6.10 Line of Duty Injuries 17
Section 6.11 Change in Shifts 17
Section 6.12 Fire and Rescue Off Duty Services 17
Section 6.13 Promotional Examinations and Appointments 18
Section 6.14 Light Duty Assignments 24
Section 6.15 Injury Service Connected (ISC) 24
Section 6.16 Jury Duty 26
Section 6.17 Reduction in Work Force 26
Section 6.18 Infectious Disease Presumption 26
Section 6.19 Seniority Bid System 27
Section 6.20 Minimum Staffing 27
Section 6.21 Disclosure of Records 27
Section 6.22 Defense of Members 27
ARTICLE 7 WAGES AND FRINGE BENEFITS
Section 7.1 Wage Increases 28
Section 7.2 Suppression Division 28
Section 7.3 Assignment Pay 28
Section 7.4 Paramedic and EMT Pay 28
Section 7.5 Certification Pay 29
Section 7.6 Paramedic Training 29
Section 7.7 Driver Incentive Pay 30
Section 7.8 Work Out of Classification 31
Section 7.9 Overtime 31
Section 7.10 Call-In Guarantee 32
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Section 7.11 Holidays 32
Section 7.12 Vacation Benefits 33
Section 7.13 Negotiation Pay 34
Section 7.14 Sick and Vacation Leave Accrual and Maximum Payment Upon 34
Termination
Section 7.15 Sick Leave Sell Back Program 34
Section 7.16 Hours of Work 36
Section 7.17 Health Trust Contributions 36
Section 7.18 Paramedic Recertification Pay 39
Section 7.19 Court Time 39
Section 7.20 On-Call 39
Section 7.21 Rescue Out of Class (ROC) 39
Section 7.22 Pension 39
Section 7.23 "Me Too"with the FOP 48
Section 7.24 Buy Back of Probationary Time 48
Section 7.25 State Certified Fire Officer Pay 49
Section 7.26 Commission on Fire Accreditation International Pay Supplement 49
(CFAI)
Section 7.27 Compensation Plan 49
Section 7.28 Shift Fire Investigator 49
Section 7.29 Hazardous Duty Pay 50
Section 7.30 Marine Pay 50
Section 7.31 Special Operations Pay 50
Section 7.32 SWAT 50
Section 7.33 Honor Guard 50
Section 7.34 Combat Challenge 50
Section 7.35 Second Language Pay 51
Section 7.36 Take-Home Vehicles 51
Section 7.37 51
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Section 7.38 Housing Stipend 52
ARTICLE 8 JOINT OCCUPATIONAL SAFETY AND HEALTH
COMMITTEE
Section 8.1 Committee Make-up and Responsibilities 52
Section 8.2 Personal Equipment 52
Section 8.3 Ladder Testing 53
Section 8.4 Air Quality Evaluations 53
Section 8.5 SCBA Repair 53
ARTICLE 9 LEAVE OF ABSENCE
Section 9.1 Educational Leave and Tuition Refund 54
Section 9.2 Bereavement 54
ARTICLE 10 TRANSFER OF SERVICES
Section 10.1 Notice 55
Section 10.2 Discussions 55
ARTICLE 11 DRUG/ALCOHOL TESTING
Section 11.1 Selection 56
Section 11.2 Screening 57
Section 11.3 Expedited Arbitration 59
Section 11.4 Rehabilitation 60
ARTICLE 12 COMPENSATORY TIME 61
ARTICLE 13 NO PYRAMIDING 62
ARTICLE 14 SAVINGS 63
ARTICLE 15 WAIVER AND ENTIRE AGREEMENT 64
ARTICLE 16 TERM OF AGREEMENT 65
EXECUTION 66
ELECTION OF REMEDY FORM 67
HEARING EXAMINER RULES 68
COMPENSATION PLAN 71
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AGREEMENT
DEC 0 2 2022
THIS AGREEMENT, made and entered into this_day of , 2022 by and between the
City of MIAMI BEACH, FLORIDA (herein called the "City"), and the FIRE FIGHTERS OF MIAMI
BEACH INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1510, AFL-CIO-CLC
(herein called the "Union").
SCOPE
It is the intention of this Agreement to provide for salaries, fringe benefits, and other terms and
conditions of employment. It is further the intention of this Agreement to prevent interruption of
work and interference with the efficient operation of the City and to provide for an orderly, prompt
and just manner in handling grievances.
Within the context of this Agreement, the use of masculine-gender terms shall be considered
gender-neutral and are freely interchangeable with the corresponding female-gender terms.
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ARTICLE I
RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining representative for the purpose
of negotiations over wages, hours, and other terms and conditions of employment for the following
classifications in the Fire Department:
Fire Inspector,
Fire Inspector Supervisor,
Firefighter,
Fire Lieutenant,
Fire Captain, and
all probationary employees serving in these classifications.
All other employees in other present classifications, including Fire Chief, Assistant Chief, Division
Chief, Battalion Chief and any other classifications established by the City, are excluded.
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ARTICLE 2
DEDUCTION OF UNION DUES
2.1. Check-off. Upon receipt of a lawfully executed written authorization from an employee,
which is presented to the City by an official designated by the Union in writing, the City agrees
during the term of this Agreement to deduct the uniform biweekly Union dues of such employees
from their pay and remit such deductions to the Union Treasurer, together with a list of the
employees for whom deductions were made; provided, however, that such authorization is
revocable at the employee's will upon thirty (30) days written notice to the City and the Union.
The Union will notify the City in writing of the exact amount of such uniform membership dues to
be deducted. The Union will notify the City in writing thirty (30) days prior to any change in its
dues structure. In January of each year of this Agreement, the Union will remit to the City$400.00
as an administrative fee for the collection of dues by the City.
2.2. Indemnification. The Union agrees to indemnify and hold the City harmless against any
and all claims, suits, orders, or judgments brought or issued against the City as a result of any
action taken or not taken by the City under the provisions of this Article.
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ARTICLE 3
GRIEVANCE PROCEDURE
3.1. Definition of Grievance and Time Limit for Filing. A grievance is a dispute involving the
interpretation or application of the express terms of this Agreement, excluding matters not covered
by this Agreement; or where Personnel Board rules and regulations are involved; provided that
disciplinary actions, including discharges, may be grieved under this Article, as provided herein.
See Section 3.4 (Election of Remedies)for procedures to be utilized in particular circumstances.
No grievance shall be entertained or processed unless it is submitted within fifteen(15)weekdays
(excluding Saturday, Sunday, or holidays recognized by the City) after the occurrence of the first
event giving rise to the grievance or within fifteen (15)weekdays after the employee, through use
of reasonable diligence, should have obtained knowledge of the occurrence of the first event
giving rise to the grievance.
3.2. Definition of Weekday. The term "weekday", as used herein shall be defined as any day,
Monday through Friday, excluding holidays, recognized by the City.
3.3. Grievance Procedure. Grievance shall be processed as follows:
Step 1: Any employee who believes he/she has a grievance shall present it in writing, on
the Grievance Form provided by the City, to his/her Division Chief, or other person
designated for that purpose, who shall give his/her answer within six(6)weekdays
after such presentation. The employee will also provide the Union with a copy of
said grievance. If the City form is not available through the Division Chiefs office,
the time limit for filing shall be waived until such time as the form is provided to the
grieving party.
Step 2: If the grievance is not settled in Step 1 and the Union Grievance Committee desires
to appeal, it shall be referred in writing by the Union to the Fire Chief within six(6)
weekdays after the City's answer in Step 1. The Election of Remedy Form shall
be completed and signed by the IAFF and/or the grievant, and attached to the Step
2 grievance. The Fire Chief, or his/her representative, shall discuss the grievance
within six (6) weekdays with the Union Grievance Committee at the time
designated by the City. If no settlement is reached, the Fire Chief, or his /her
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representative, shall give the City's written answer to the Union Grievance
Committee within six(6)weekdays following their meeting.
Step 3: If the grievance is not settled in Step 2 and the Union Grievance Committee desires
to appeal, it shall appeal in writing to the City Manager or his/her designee for
Labor Relations within six (6) weekdays after the City's answer in Step 2. A
meeting between the City Manager, or his/her designee for Labor Relations, and
the Union Grievance Committee shall be held within fifteen (15) weekdays. The
City Manager, or his/her designee for Labor Relations, shall give the City's written
answer to the Union Grievance Committee within ten (10)weekdays following the
meeting.
Any untimely filing of a grievance at any step will be considered withdrawn. Upon mutual
agreement of the parties, grievances may be consolidated or grouped, and may also be
commenced at Step 3 of the procedure.
Section 3.4. Election of Remedies. Disciplinary actions may be grieved (1) under the
grievance/arbitration provisions contained in this Article or (2) as set forth in Article 3.9 to a
Hearing Examiner, who shall be selected by utilizing the procedure outlined in Section 3.5 of this
Article. A grievance involving the interpretation or application of this Agreement may be grieved
solely under the grievance/arbitration provisions contained in this Article. Grievances regarding
certain non-disciplinary matters, such as disagreements as to the waiving or application of
changes to personnel rules or other work rules or policies may be filed by the bargaining agent
via the Personnel Board procedures.
The decision of the Hearing Examiner shall be final and binding. The cost of a Hearing Examiner
shall be borne by the City. Any proceedings before the Hearing Examiner shall be conducted
pursuant to the attached Hearing Examiner Rules.
3.5. Binding Arbitration. If the grievance involves a difference of opinion with respect to the
interpretation or application of the express terms of this Agreement and said grievance has not
been settled in accordance with the foregoing procedure, the Union Grievance Committee may
refer the grievance to binding arbitration within six(6)weekdays after receipt of the City's answer
in Step 3. The parties shall attempt to agree upon an arbitrator within six (6) weekdays after
receipt of notice of referral and, in the event the parties are unable to agree upon an arbitrator
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within said six (6) weekday period, the parties shall immediately jointly request the Federal
Mediation and Conciliation Service to submit a panel of five (5) arbitrators. Both the City and the
Union shall have the right to strike two (2) names from the panel. The party requesting arbitration
shall strike the first two names; and the other party shall then strike two names. The remaining
person shall be the arbitrator. The arbitrator shall be notified of his/her selection within six (6)
weekdays by a joint letter from the City and the Union requesting that he set a time and place for
the hearing, subject to the availability of the City and Union representatives.
3.6.Authority of Arbitrator. The arbitrator shall have no right to amend, modify, ignore, add to,
or subtract from the provisions of this Agreement. He shall consider and decide only the specific
issue submitted to him in writing by the City and the Union, and shall have no authority to make
a decision on any other issue not so submitted to him. The arbitrator shall submit in writing
his/her decision within thirty (30) days following close of the hearing or the submission of briefs
by the parties,whichever is later, provided that the parties may mutually agree in writing to extend
such limitation. The decision shall be based solely upon his/her interpretation of the meaning or
application of the express terms of this Agreement to the facts of the grievance presented. If the
arbitrator acts in accordance with this section, the decision of the arbitrator shall be final and
binding.
3.7. Expenses. All costs of arbitration, including the arbitrator's fees and expenses, shall be
divided equally between the City and the Union provided, however, that each party shall be
responsible for compensating its own representatives or witnesses. Either party desiring a copy
of the transcript shall bear the cost of same.
3.8. Processing Grievances. All grievance discussions and investigations shall take place in a
manner which does not interfere with the operation of the Fire Department. Any time spent by
the Grievance Committee of the Union in discussions or processing grievances at Step 1, 2 or 3
during their working hours, shall not result in loss of earnings or benefits.
3.9. Suspensions, Reductions in Pay or Class, or Removal. Any dispute concerning an
employee who has completed his/her probationary period, and who is suspended, reduced in pay,
or classification, or removed, shall be processed through the Hearing Examiner procedure
governing such appeals, or under this contractual grievance procedure upon the election of the
employee within ten(10)days of the event giving rise to the dispute. An election of one procedure
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shall foreclose any resort to the other procedure. If the employee elects to utilize this contractual
grievance procedure, it shall commence at Step 3.
3.10. Probationary Period. Nothing herein shall in any way affect the discretion presently
accorded the Fire Chief with respect to employees in their probationary period following hire, or
in their probationary period following promotion. It is specifically understood by the parties that
the exercise of the Fire Chiefs discretion in this regard shall not in any way be subject to the
grievance procedure set forth herein. Newly hired employees shall be in probationary status for
the duration of their department sponsored training period, in addition to twelve (12) months
thereafter. New employees in probationary status have no right to utilize the grievance procedure
for any matter concerning dismissal, suspension or other discipline during such period.
3.11. Union Grievance Committee. The Union shall appoint a Grievance Committee of not
more than three (3) members, and shall notify in writing the Fire Chief and the City Manager's
designee for Labor Relations of the name or names of the employee or employees serving on his
committee, and of any changes in the members of the committee. The members of this committee
may not conduct any investigation while on duty without receiving the permission of the Fire Chief;
however, such permission shall not unreasonably be withheld.
3.12. Waiver of Time Limitations. The parties may mutually agree in writing to extend any of
the time limitations set forth above for the processing of grievances.
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ARTICLE 4
NO STRIKE AND NO LOCKOUT
4.1. No Strike. The parties hereby recognize the provisions of Chapter 447 of the Florida Statutes
which define strikes, prohibit strikes, and establish penalties in the case of a strike and incorporate
those statutory provisions herein by reference. The parties further agree that the City shall have
the right to discharge or otherwise discipline any employee(s) who engage(s) in any activity
defined in Section 447.203(6) of the Florida Statutes, at its discretion, provided that an employee
may grieve and have arbitrated the question of whether or not he engaged in the prohibited
conduct.
4.2. No Lockout. The City will not lock out any employees during the term of this Agreement as
a result of a labor dispute with the Union.
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ARTICLE 5
MANAGEMENT RIGHTS
It is recognized that, except as stated herein, the City shall retain whatever rights and authority
are necessary for it to operate and direct the affairs of the City and the Fire Department in all of
its various aspects, including, but not limited to, the right to direct the working forces; to plan,
direct, and control all the operations and services of the Fire Department; to determine or change
the methods, means, organization, and personnel by which such operations and services are to
be conducted; to assign and transfer employees; to schedule or reschedule the working hours, to
hire and promote;to demote, suspend, discipline or discharge for just cause, or relieve employees
due to lack of work or for other legitimate reasons, subject to the Personnel Rules of the City; to
make, change, and enforce reasonable rules and regulations; to change or eliminate existing
methods, equipment or facilities; provided, however, that the exercise of any of the above rights
shall not conflict with any of the express written provisions of this Agreement.
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ARTICLE 6
GENERAL PROVISIONS
6.1. No Discrimination. In accordance with applicable federal, state, and local law, the City and
the Union agree not to discriminate against any employee on the basis of any protected
classification.
6.2. Union Activity. The City and the Union agree not to interfere with the right of employees to
become or not to become members of the Union, and further, that there shall be no discrimination
or coercion against any employee because of Union membership or non-membership. It is
understood that the Union specifically retains any rights it has arising out of Chapter 447, Florida
Statutes, with regard to its representational activities.
6.3. Seniority List. The City shall, on March 1st of each year, prepare a seniority list by time in
rank or grade of all employees covered by this Agreement and immediately thereafter post such
list in each fire station. Such seniority list shall stand as posted unless an objection is reported to
the Fire Chief within forty(40) calendar days after posting.
6.4. Relief at Fire. In the event of a fire or fires, or other emergencies requiring employees to
work longer than their regular tour of duty, the officer in charge shall attempt to relieve these
employees by the oncoming tour as soon as feasible.
6.5. Exchange of Time. The Fire Chief, or designee may grant a request of any two (2)
employees to exchange shifts if the City will not incur any overtime costs as a result thereof.
6.6. Protection of City Property and Equipment. It shall be the responsibility of any employee
having custody of any equipment and property to see that it is properly cared for, kept clean, and
returned to its place of storage. The City agrees to provide designated areas for the storage of
bunker gear.
6.7. Uniforms. The City agrees to provide the following uniforms annually as its expense for the
employees covered by this Agreement:
For Combat Division: one (1) dress uniform; three (3) sets of work uniforms; one (1) pair
footwear(dress shoes, or boots; employee's choice); two (2)jumpsuits; one (1)work belt;
four(4)t-shirts.
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For Rescue Division: one dress uniform;three(3)jumpsuits;two(2)sets of work uniforms;
one (1) pair of footwear(dress shoes, boots; employee's choice); one (1) work belt; four
(4)t-shirts.
For both Divisions: every three(3)years the City shall provide a winter jacket and raincoat.
The City shall supply one (1) radio holster per radio and shall replace on an as needed
basis.
All employees assigned to the marine division shall be issued three (3) pairs of boating
shorts, three (3) long sleeves marine shirts, three (3) short sleeve marine shirts, and one
(1) pair of boating shoes on an annual basis.
All employees working on day shift shall receive a combination of uniforms as selected by
the employee not to exceed the value provide to that of a Rescue Division employee.
All uniformed employees covered by this agreement shall receive $ $100 per month for
uniform cleaning and maintenance.
6.8. Meetings between Parties. At the reasonable request of either party, the Union President,
or his/her representative, and the City Manager, or his/her designee for Labor Relations, shall
meet at a mutually agreed to time and place to discuss matters of mutual concern.
6.9. Union Time Bank. The IAFF and its designees or other members of the Executive board as
determined by the President, shall have the right to conduct union business (under the conditions
described in this Section), through the use of a time bank. For each fiscal year, the union time
bank shall be 750 hours with the Union President detached. If the Union President elects not to
be full time detached then the Union time bank will be 3,246 hours total, covering the contract
period October 1, through September 30.
The Union President shall be assigned to the Support Services Division (1240). Once in any
twelve(12)month period,the Union President may elect a day or shift assignment,while detached
or not detached. On an annual basis he or she shall make an election to either: (1) be detached
full time; or(2) not to be detached and may bid an assignment according to seniority. The Union
President shall not be counted against minimum staffing for staffing purposes. In addition, for
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promotional purposes the Union President shall not be counted against the Table of Organization.
Unused Union time bank hours, not more than a maximum of 750 hours, shall be rolled over from
one contract year to the next. Use of the time bank shall be limited to the IAFF Executive Board
(any exceptions to this may be granted by the Fire Chief or his/her designee provided that the
request shall not be unreasonably denied). No more than two (2) employees per shift may be
granted union time bank leave at any one time. The President of the IAFF shall provide a
minimum of twenty-four(24) hours' notice to the Fire Chief for any leave to be granted. Time for
attendance at negotiations for a successor agreement is addressed in Article 7.13 of this
Agreement. In addition, administrative time which has been provided in the past(as determined
by the Fire Chief), to the President, other members of the Executive Board or other IAFF
members, shall be provided for attendance at two (2) mutually agreed upon conferences each
year of this agreement and such events shall not be included in the union leave time bank. All
other union convention time other than these two conferences shall be part of the union time bank.
6_.10. Line of Duty Injuries. The City agrees that the program for payment of medical and
hospitalization expenses incurred as a result of injuries in the line of duty, which is currently in
effect as set forth in Section 6.15 of this agreement shall be continued.
6.11. Change in Shifts. The City agrees to give employees covered by this Agreement notice
prior to any mandatory change in shifts, such notice to be at least fifteen (15) calendar days prior
to the change unless circumstances do not permit.
6.12. Fire and Rescue Off Duty Services. It is recognized that members of the bargaining unit
are offered the opportunity from time to time to perform services utilizing their expertise and
training for the benefit of private persons or entities, or public organizations or entities other than
the City of Miami Beach. In such cases, the rate for the performance of these off-duty jobs shall
be at an hourly rate established by the Fire Chief in consultation with the President of the Union.
The parties recognize and agree that the performance of these off-duty jobs or details do not
constitute employment by the City of Miami Beach and that payment for these services will be
made by and is the responsibility of, the other employer. Performance of this work shall be on a
voluntary basis and there shall be lists of persons who wish to volunteer established on a basis
which is mutually agreeable to the Chief and the President of the Union.
Pay for off-duty services is pensionable subject to the cap provisions set forth in Section 7.23.
Off-duty hours worked do not count as hours worked for purposes of computing overtime.
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6.13. Promotional Examinations and Appointments.
a) The current Lieutenant and Captain Lists expiring on 2/29/2024 shall be extended to
3/31/2025. The new list will be effective 4/1/2025. In the event that a vacancy should occur prior
to expiration of the Captain's list but after exhaustion of the list, the parties agree to allow the Fire
Chief to appoint an acting Captain until the testing process is completed.
b) All promotional lists shall remain active for a period of thirty-six(36) months from the effective
date of each list. Promotional examinations for the position of Fire Captain and Fire Lieutenant
will be given at least once every thirty-six(36) months, in such fashion as to provide continuously
active promotional lists. The lists currently in effect shall be extended to expire 3/31/2025 (the
new lists will become effective 4/1/2025). The City agrees to begin the process no later than nine
(9) months prior to expiration of the lists. In the event that a promotional examination is delayed,
the eligible candidate for that examination shall be those candidates who would have been eligible
had the examination been administered in proper sequence. The promotional list developed from
a delayed promotional examination shall be retroactive to the date of the expiration of the previous
promotional list and shall expire thirty-six(36) months from the retroactive effective date.
c) When a vacancy exists in a promotional position, it shall be filled from the next eligible
candidate on the current promotional list. The individual promoted shall be paid retroactively to
the date of the creation of the vacancy and given a seniority date retroactive to that date. In the
absence of an active promotional list, if there is a budgeted promotional vacancy that the City
intends to fill, the City will temporarily fill the budgeted vacancy through temporary assignments.
Personnel used to fill budgeted vacancies through temporary appointments shall be selected from
the expired promotional list, shall be assigned for a period not to exceed ninety (90) days, and
shall receive all appropriate wages and benefits afforded the position for the duration of their
temporary assignment. Except in cases of exigent circumstances (i.e., hurricanes or other acts
of God and delay of process by other parties), where it is clear that through no fault of its own the
City fails to provide a promotional examination and eligibility list at the time of expiration of the
prior list, any promotional appointments to vacancies created during the period when no eligibility
list existed shall be retroactive back to the date of the vacancy. The City shall provide retroactive
compensation and seniority to those individuals who are so appointed. However, in cases where
a vacancy occurs and the current eligibility list has been exhausted with no eligible candidates
remaining to be appointed to a vacancy, the promotion, compensation and seniority of an eligible
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candidate off the new promotional list shall be retroactive back to the first day following the
expiration of the previous list, subject to the conditions above.
d) A list of authoritative sources from which technical knowledge for the behavioral assessment
component and the written test questions will be compiled by a Book Committee consisting of the
Human Resources Director, Fire Chief, the Union President and the test developer or their
designees, along with two incumbents, one designated by the Fire Chief and one designated by
the union president. Without exception, no member of the Book Committee shall be a candidate
for the promotional examination for which the list is compiled. These committee members will be
responsible for the authoritative sources for Fire Lieutenant and Fire Captain promotional
processes. It is the intent of the City and Union that all sections of the promotional processes will
be complete with standing lists ready to post upon expiration of the current thirty(30) month lists.
At least ninety(90)days prior to the scheduled date of the written promotional examination; a final
notice will be posted containing a list of authoritative sources from which the technical knowledge,
for the behavioral assessment component and the written test questions will be drawn. The
technical knowledge for the behavioral assessment component shall be based on written standard
operating procedures (SOP)/ standard operating guidelines (SOG) that are job related and rank
specific selected by the established Book Committee and/or agreed upon authoritative sources.
e) Candidates meeting the time in grade service requirements on the date the register expires
are eligible to apply to take the promotional examination for their next higher rank. All Firefighters
who, on the date the register expires, have six(6)years of seniority from their date of appointment
to Firefighter, are State certified paramedics, and are State certified Fire Officer I, State Certified
Fire Inspector I, have submitted a valid pump operator state certification to the training division at
least twenty-four(24) months prior to the effective date of promotional list.
or,
have five (5) years seniority from their date of appointment to firefighter with all above
requirements and one of the following: 'a Bachelor's degree in Nursing or Public Administration,
or Emergency Medical Service (EMS), or Fire Science (FS),or Emergency Management/Disaster
Management or Master's Degree in Nursing or Public Administration, or Emergency Medical
Service (EMS) Administration/Management, or Fire Science (FS) Administration/Management),
or Emergency Management/Disaster Management or Masters in Business Administration (MBA)
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and have performance evaluations of satisfactory or above for the preceding twenty-four (24)
month period prior to the expiration of the current list, shall be eligible to take the Fire Lieutenant's
test.
All Fire Lieutenants who on the date the register expires have three (3) years from their date of
appointment as Fire Lieutenant and nine (9) years seniority from date of appointment as
Firefighter (or eight (8) years from date of appointment as Firefighter with a Master's degree in
Public Administration, or Emergency Medical Service (EMS) Administration/Management or Fire
Science(FS)Administration/Management, or Emergency Management/Disaster Management, or
Masters level Nursing Degree, or Masters of Business Administration (MBA) are State Certified
Fire Inspector I and are State Certified Fire Officer II, and have performance evaluations of
satisfactory or above for the preceding twenty-four(24) month period shall be eligible to take the
Fire Captain's test.
For the Fire Captain promotional process, a Master's degree in Fire Science
Administration/Management, or Emergency Medical Service (EMS)Administration/Management
or Public Administration, or Emergency Management/Disaster Management, or Masters level
Nursing Degree, or Masters of Business Administration (MBA) will be acceptable and may
substitute for one (1)year of time-in-rank or seniority in the department. All applicants must have
a valid Florida driver license. Applicants must, in all cases, apply on or before the application
cutoff date and time in accordance with Personnel Rules.
f) There shall be at least two (2) post-test review/scoring sessions conducted on separate days
and occurring within fourteen (14) calendar days of the administration of the written examination.
Each examinee will review their results when off duty, and will be able to review a copy of his own
answer sheet and the scoring key(for use only during the review session) containing the correct
response, the name of the reading source and the location from which each test question was
drawn. Challenges will be written and submitted to the test developer during the post-test review
sessions. The test developer,the City's Manager's designee for Human Resources and the Union
President or his designee shall conclusively decide all challenges by a majority vote.
Upon completion of the determination of a score for the behavioral assessment component of the
examination, each examinee shall be furnished with their result. Each examinee may review his
behavioral assessment component of the examination at a post-test review session for a time
period of twice the duration of the behavioral assessment component of the examination. Each
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examinee will review their results when off duty. Challenges regarding the behavioral assessment
component must be me in writing and submitted to the test developer either during the post-test
review session, or at an optional challenge session scheduled within ninety-six (96) hours of the
post-test review session. There will be no review of the behavioral assessment component during
the optional challenge session. However, an applicant can review their individual behavioral
assessment component during the post-test review and submit challenges during the optional
session. Applicants may not take any written notes or test materials from the post test review.
The test developer, the City Manager's designee for Human Resources and the Union President
or his designee shall conclusively decide all challenges by a majority vote. For each examinee
who submitted a challenge, each examinee's own challenge and response will be available no
later than eight(8)weeks after the date of the optional challenge session.
g) For written promotional examinations for Fire Lieutenant, and Fire Captain, the raw passing
score will be seventy percent(70%)after all challenges have been resolved by the test developer.
Assessment components will be used for promotions to Fire Lieutenant and Fire Captain. The
passing score for the assessment component shall be seventy percent(70%)after all challenges
are resolved by the test developer. After consultation with the Union President, the City will select
an independent, qualified service provider to furnish and administer validated behavioral
assessment components that are mutually agreeable to the parties. The City will offer behavioral
assessment component preparation, orientation, and overview to all qualified applicants. The
written examination given for Fire Lieutenant and Fire Captain will constitute sixty percent(60%)
and the behavioral assessment components will constitute forty percent(40%)of the examinee's
combined score. Promotional test results will be expressed as percentage points. For Fire
Lieutenant and Fire Captain promotional processes, seniority and education percentage points,
in accordance with the following specifications,will then be added to the combined score after the
candidate has successfully passed all components for the promotional examination. Veteran's
Preference points will be added (after the addition of seniority and education percentages points
in accordance with state law).
Fire Lieutenant/Fire Captain:
(Written Examination Raw Score *0.60) + (Behavioral Assessment Component Score
*0.40) + Education points + Seniority points +Veterans Preference Points = Final Score.
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PROMOTIONAL CREDIT
Promotional credit shall be limited to a maximum value of ten (10) points, divided between two
(2) components—seniority and education.
Seniority
Seniority shall be determined using the following formula:
Lieutenant: LS X 0.50 = S (years 5-15)
Captain: LS X 0.50 = S (years 10-20)
LS shall be defined as length of service in the classification of Firefighter with the Miami Beach
Fire Department. S shall be defined as Seniority and shall be given a maximum value of 5.0
points. Education shall be given a maximum value of 5.0 points.
Education
Education shall be determined using the following formula:
• Associate degree in Public Administration, Emergency Medical Service (EMS) or Fire
Science (FS) or Nursing or any bachelor degree (except as specified below)
(max 1.0)
• Bachelor degree in Nursing, Public Administration, Emergency Medical Service (EMS) or
Fire Science(FS), Emergency Management/Disaster Management, or any Master degree
(max 3.0)
• Master's degree in Public Administration, Emergency Medical Service (EMS)
Administration/Management, Emergency Management/Disaster Management or Fire
Science (FS)Administration/Management, or Masters of Business Administration (MBA),
and Master's level nursing degree (max 5.0)
College credit hours shall be credit hours documented by transcript or other acceptable evidence
from an accredited college or university. Associate degree in Fire Science (FS) or Emergency
Medical Services (EMS)shall be a degree received from an accredited college or university with
supporting transcript or other acceptable evidence. Bachelor degree in Fire Science (FS),
Emergency Medical Services (EMS) or Public Administration shall be a degree received from an
V21TA-22
accredited college or university with supporting transcript or other acceptable evidence. Master's
degree in Fire Science (FS) Administration/Management, Emergency Medical Service (EMS)
Administration/Management or Public Administration, or Masters of Business Administration
(MBA) shall be a degree received from an accredited college or university with supporting
transcript or other acceptable evidence. Only one degree shall count toward educational credit.
In order to accurately reflect promotional points for all documents submitted, the City will assign
mandatory individual appointments for each promotional applicant for document submission and
review. The deadline for submission for all documents required to substantiate the educational
promotional credit will be 5:00 p.m. fourteen (14) calendar days after the pass/fail notification is
provided by Human Resources to Fire Administration. All applicants must be present during the
entire document review process to confirm documents and answer questions. Applicants must
submit the Promotional Credit Formula (above) for each document that they would like
considered. Stapled to the back of each Promotional Credit Formula must be an original or
certified copy of each document the candidate would like considered. Each attachment must
indicate the number of college credits the course is worth. The applicant may verify hours by a)
indication on a certified transcript, b) indication on the certified copy of the certificate or c) an
official letter from the institution stating the hours. If the hours are not indicated in one of these
ways, the certificate will not be included for any point calculation. All documents must also include
the course title, and the date the course was completed.
Education may only be counted once for either: (1) time in rank or time with the department, or
(2)for promotional credit.
A promotional list for each promotional process will then be created listing examinees in
descending numerical order of final score including any education, seniority or Veterans'
Preference calculations. The Fire Chief will appoint from these promotional lists. Skip-overs may
result from an examinee being rated unsatisfactory in two (2) or more evaluations within the last
twenty-four (24) months; being issued three (3) or more written reprimands/suspensions within
the last twenty-four (24) months; serving under a Last Chance Agreement; or being
physically/mentally unqualified to perform the essential functions of the position.
Promotions shall be made by rank order provided that the ranking examinee's documented
performance and/or discipline history are not significantly inferior to that of the next ranking
candidate.
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The IAFF shall facilitate participation of bargaining unit employees in providing information in
order to conduct the job analyses and develop the tests within the time frames requested by the
process; provided that such participation shall be on duty time.
The parties agree to review the formula for promotional credit and to implement such revisions as
the parties may agree upon in writing.
6.14. Light Duty Assignments. If an employee is temporarily unable to perform the essential
functions of the employee's job classification due to a non-job related injury/illness, he may make
a written request to the Fire Chief for a light duty assignment. The Chief shall determine if there
are any necessary functions which could be preferred by a light duty employee. If there are such
opportunities, the Chief shall inform the employee in writing of any light duty assignments and the
physical capabilities required for their performance.
The employee shall present this light duty assignment information to his/her treating physician
and obtain, at his/her expense, a written evaluation of his/her capacity to perform the functions of
the assignment. The medical evaluation must be in sufficient detail to satisfy the Chief. The Chief
reserves the right to a second opinion from a City-appointed physician. The establishment,
duration, work hours, and content of light duty assignments are at the sole discretion of the Fire
Chief and may be modified or ended at any time.
6.15 Injury Service Connected (ISC)
For a twelve (12)week period, the City agrees to compensate any member of the bargaining unit
with the difference between the weekly disability Workers' Compensation benefit received or
which the employee is entitled to receive, and his/her regular rate of pay for any time lost from
work due to a service-connected injury. "Service-Connected Injuries" shall be defined as injuries
sustained under the following circumstances:
a) While on duty and entitled to be paid by the City; or
b) While reasonably exercising Firefighter functions within the City limits of Miami Beach
while off duty; or while working a departmentally sanctioned off-duty job; or
c) If a firefighter as defined by s. 112.191(1)(b) is engaged in extinguishing a fire, or
protecting and saving life or property due to a fire in this state in an emergency, and such
activities would be considered to be within the course of his or her employment as a
firefighter and covered by the employer's workers' compensation coverage except for the
fact that the firefighter was off duty or that the location of the fire was outside the
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employer's jurisdiction or area of responsibility, such activities are considered to be within
the course of employment. This subsection does not apply if the firefighter is performing
activities for which he or she is paid by another employer or contractor; or
d) While participating in organized fire service training that is approved in writing by the Fire
Chief after consultation with the City Manager's designee for Risk Management
In the circumstances described above(sub-paragraphs a through d), the City agrees that it is and
will consider itself the employer and the employee the City's employee.
If the injured employee is still in a "no-work" status at the end of the 12-week period, after the
advice and comments of the Fire Chief and the IAFF President, the City Manager, at his/her sole
discretion, may extend the above described ISC payments beyond the twelve (12)weeks. This
decision is not subject to grievance or arbitration. The approvals for receipt of this compensation
as presently required shall be continued. The Union and the City agree to meet to discuss options
and alternatives to the current ISC practices to cure abuses (if found), and ensure streamlined
and efficient provision, administration, and use of ISC.
After an employee exhausts his/her benefits under this article and is receiving Workers'
Compensation checks, the City shall access the employee's leave accruals to keep him/her
whole. Deductions for such benefits such as health and dental insurance coverage and pension
contributions will be made from the value of the accrued leave. Once an employee runs out of
leave accruals and is still unable to return to work, the employee has an affirmative responsibility
to contact the Human Resources Department, Benefits Division, to make benefit payment
arrangements. Employees will be given one month's grace period after which coverage shall be
cancelled.
Employees who are placed on a"no work"status per Workers' Compensation, pursuant to Florida
law, as applicable, will be placed on FML concurrently. All time off during the Workers'
Compensation leave will be charged against the 12-week/480 hours FML allotment.
If the Authorized Treating Physician has determined that the employee can return to work, with
or without restrictions, and the employee does not report to work, then the employee must use
their accrued sick leave.
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ISC leave will not be granted to employees who have reached Maximum Medical Improvement,
as determined by their Authorized Treating Physician.
Employee leave shall be coded with "ISC" when an employee is using time for a follow-up
appointment associated with a compensable workers' compensation injury/illness. Employees
will not be paid for attending medical appointments scheduled outside their regularly scheduled
workday.
6.16. Jury Duty. Bargaining unit personnel who are summoned to jury duty shall be covered by
the following:
a) Personnel who are released from jury duty and who are not require to return for jury duty
the following day will be required to report to work and complete the remainder of their
assigned tour of duty.
b) Personnel who are required to return to a jury pool or to jury duty on the date following
their scheduled shift will be allowed to take off the second half of their assigned shift(8:00
p.m. to 8:00 a.m.) without being charged to annual leave or sick leave time. If the
employee is released from jury duty before 5:00 p.m., he/she is required to return to his/her
regularly scheduled shift.
6.17. Reduction in Work Force. For the term of this Agreement, there shall be no layoffs or
demotions of bargaining unit members except for disciplinary demotions, suspensions, or
terminations, which are not included for the purposes of no layoffs or demotions.
6.18.Infectious Disease Presumption. Any condition or impairment of health caused by Human
Immunodeficiency Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS), Hepatitis,
Pulmonary Tuberculosis or Meningococcal Meningitis shall be presumed to have been accidental
and to have been suffered in the line of duty unless the contrary be shown by competent evidence.
The City will maintain a confidential list of employees who have taken the required medical
examinations. Employees will be added to the City's confidential list subject to the following
conditions:
V21TA-26
a) New hires shall acquire the presumption entitlement after completing a pre-employment
or post conditional offer of employment medical exam that tests for and fails to reveal any
evidence of AIDS, Hepatitis, Pulmonary Tuberculosis, or Meningococcal Meningitis.
b) Employees who refuse to take the pre-employment or post-offer testing related to
presumptions mentioned in this Section shall not be eligible for the presumptions.
6.19. Seniority Bid System. It is understood by the parties that the current bid system in effect
at the ratification of this agreement shall remain in effect. Any change to the bid system will be
agreed upon through the Labor Management process.
6.20. Minimum Staffing. It is agreed that the staffing of the Department shall be in accordance
with the minimum staffing ordinance of the City which may be amended from time to time in the
City's discretion, subject to the Union's right to request impact bargaining as provided under
Article 15 of this agreement.
6.21 Disclosure of Records. Employees will not have information contained within any of their
files disclosed to persons other than the City's managerial and supervisory employees except as
provided by law.
6.22 Defense of Members. In the event any action for civil damages is brought against a
member of the bargaining unit hereunder individually, the City shall provide for the legal defense
of the member and shall pay any resulting judgment against the member if authorized by Florida
law.
V21TA-27
ARTICLE 7
WAGES AND FRINGE BENEFITS
7.1.Wage Increases.
a) Effective with the first full pay period ending in April 2022, there shall be an across-the-
board wage increase of two percent(2 %).
b) Effective with the first full pay period ending in April 2023, there shall be an across-the-
board wage increase of three percent(3 %).
c) Effective with the first full pay period ending in April 2024 there shall be an across-the-
board wage increase of three percent(3%).
d) Merit and longevity increases shall become effective on the payroll period commencing
nearest the effective date, provided that the employee's performance has been rated as
satisfactory for the prior year.
e) Effective 9/30/24, longevity pay shall be calculated only on base pay for all new
employees hired after 9/30/24.
f) For employees hired before 9/30/24, longevity pay will continue to be applied on base as
well as pays identified in sections: 7.3, 7.4, 7.5(a), 7.5(b), 7.7, 7.20, 7.26, 7.29, 7.30, 7.31
as well as the educational supplement provided by the State of Florida.
g) For employees hired before 9/30/24, longevity shall continue to be calculated inclusive of
all additional pays currently included and listed above, as well as future increases to those
existing additional pays that are currently calculated. No new additional incentive pays
will be included in the calculation of longevity pay for incumbents.
7.2. Suppression Division. There shall be one additional Firefighter (DE-driver/engineer),
certified as an Air Room Technician per twenty-four (24) hour shift, for a total of three (3)
employees. Each one of the three (3)twenty-four(24) hour shift employees shall be assigned to
the Support Services Division (1240), and also be entitled to the five percent(5%)driver/engineer
incentive pay.
7.3. Assignment Pay. Any employee assigned outside of 1210 (Suppression Division) will
receive 10% assignment pay.
7.4. Paramedic and EMT Pay. Employees who hold a Paramedic certificate shall receive a
fourteen percent (14%) supplemental calculated on their base pay. An additional 1% shall be
V21TA-28
added to this supplement for a total of 15%. Employees who hold an EMT certification shall
receive a one-and one-half percent (1.5%) supplemental calculated on their base pay.
Employees shall not receive pay supplements for both EMT and Paramedic certifications.
7.5. Certification Pay. In addition to "assignment pay" stated in Section 7.3, and
Paramedic/EMT pay stated in Section 7.4, the following divisions will provide certification pay:
a) Fire Prevention Division:
1) Employee shall receive an additional five percent (5%) supplement upon receipt of a
State Fire Inspector Certificate and shall continue to receive such supplement until the
Certificate expires, regardless of his/her divisional assignments. Employees shall
remain solely responsible for maintaining a State Fire Inspector Certificate, unless
assigned to the Division. Such costs involved in maintaining a State Fire Inspector
Certificate shall remain the responsibility of the employee.
2) In order to bid into the Fire Prevention Bureau, employee must possess a current State
Fire Inspector certification.
b) Support Services Division: Employees shall receive an additional two and one-half
percent (2'h%) supplement upon receipt of a State Fire Instructor Certificate and shall
continue to receive such supplement until the Certificate expires, regardless of his/her
divisional assignment. Employees shall remain solely responsible for obtaining and
maintaining a State Fire Instructor Certificate, unless assigned to the Division. Such costs
involved in obtaining and/or maintaining a State Fire Instructor Certificate shall remain
responsibility of the employee.
7.6. Paramedic Training.
For the purpose of this program seniority in rank will be the initial factor used to determine
selection of students that will be allowed to apply to Miami-Dade College or other designated
educational institution for acceptance into their paramedic program. The department will allow a
minimum of two (2) bargaining unit personnel to enroll in the program each year. However, this
number may be increased at the sole discretion of the Fire Chief, based upon staffing
requirements, budget, class availability, etc. The Fire Chief will also determine the appropriate
number of bargaining unit employees within each rank that will be considered for enrollment. The
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City will pay for the paramedic course, lab fees, required textbooks, and related medical exam
and vaccinations.
Prior to the beginning of the school semester, bargaining unit personnel who have been accepted
into the program will be transferred to a shift that allows them the opportunity to attend required
classes on duty. This attendance will be governed by policies developed by the Fire Chief,
including but not limited to, dress code, travel time, schedules, etc. The Fire Department shall
not be responsible for additional on-duty time or expenses for bargaining unit personnel who are
required to repeat portions of the paramedic course for graduation.
Bargaining unit personnel eligible for participation in this program will be allowed to submit a
written request for a one-time deferment upon notification by the Fire Chief that they are being
processed for the next available class. Any requests for deferment must be directed to and
received by the Fire Chief within fifteen (15)days from the date of notification to ensure that there
will be an adequate number of students available for entry into this program.
An employee granted a deferment will not be considered eligible for participation for a period of
one (1)year from the date of deferment, at which time he/she will be required to make application
to Miami-Dade College or other designated educational institution for acceptance into the next
available Paramedic Training Program.
While attending paramedic school, bargaining unit personnel will not be permanently assigned to
any division that would require payment above base salary. For example, personnel will not be
permanently assigned to the Fire Rescue Division, Fire Prevention Division, or the Support
Services Division. However, they may be assigned temporarily as the need arises.
7.7. Driver Incentive Pay:
a) In order to be eligible for the Driver Engineer incentive pay, a Firefighter shall successfully
complete Fire Apparatus/Equipment and Fire Hydraulics/Equipment courses or similar
curriculum. Those Firefighter employees who meet these qualifications and are assigned
to the Suppression Division (1210) as a Driver Engineer who bid into the Driver Engineer
assignment pursuant to the annual bid process shall receive a five percent (5%) Driver
Engineer incentive pay.
b) Any Firefighter assigned to the Rescue Division (1220) shall receive a five percent (5%)
driver incentive pay.
V21TA-30
7.8. Work Out of Classification. When the City assigns a Firefighter, Lieutenant, or Captain to
work in a higher position for more than one hour, he/she shall receive an increase of three dollars
($3.00) per hour for all hours during which the assignment continues on that shift.
After the implementation set forth in Section 6.21, no Firefighter shall be assigned to work out of
class as a Fire Lieutenant on a Combat Unit unless he/she is on an active Fire Lieutenant
promotional list. A Firefighter may be assigned to work out of class as a Fire Rescue Lieutenant
provided that any Firefighter on an active Fire Lieutenant promotional list has the right of first
refusal.
After the implementation set forth in Section 6.21, no Firefighter shall be assigned to work out of
class as.a Driver Engineer unless he/she meets the qualifications set forth in 7.7 (a).
No probationary employee shall be assigned to work out of classification.
7.9. Overtime. Any member of the bargaining unit required to perform work outside of his/her
normal shift shall receive pay at time-and-one-half their current hourly rate, except as follows.
The parties understand and agree that Section 207(k)of the Fair Labor Standards Act Regulations
shall apply to hours of work for employees covered under this agreement.Accordingly,the normal
biweekly work period shall consist of ninety(90)hours in a fourteen(14)day period for employees
assigned to work twenty-four(24) hour shifts, and eighty(80) hours in a fourteen (14) day period
for employees assigned to work eight (8) or ten (10) hour shifts. Hours worked in excess of the
ninety (90 ) or eighty (80) hour biweekly work period, depending on shift assignment, shall be
compensated at the rate of one and one-half times the employee's regular rate of pay; however,
sick leave, excluding sick leave taken under the Family and Medical Leave Act(FMLA), shall not
count as hours worked for purposes of overtime calculation. Leave without pay, excluding leave
taken under the Family and Medical Leave Act (FMLA), shall not count as hours worked for
purposes of overtime calculation. Hours worked on an off-duty assignment (regular or overtime
pay)shall be subject to the overtime provisions set forth herein, and shall count as hours worked
for the purposes of overtime calculation. Hours worked on an off-duty detail (non-overtime, detail
pay, e.g., a detail sponsored by a third party) are not subject to the overtime provisions herein,
and shall not count as hours worked for purposes of overtime calculation. All other hours in paid
status shall count as hours worked for the purposes of overtime calculation.
V21 TA-31
If an employee is forced to stay beyond the hours of his/her regular shift, such additional hours
shall be paid at double the regular rate of pay.
Hourly rates shall be determined using the definitions in Article 7.16, Hours of Work. Upon
implementation of the new average pay period provision for 24-hour shift personnel, all vacation
and sick leave accrual rates and existing accrued amounts for 24-hour shift personnel shall be
revised to reflect this change (i.e., 1.5 hours for each hour).
The Fire Chief will make available to the International Association of Fire Fighters, Local 1510
(IAFF) a report or the database of the overtime worked by the bargaining unit members. Such
information will be furnished to the IAFF on an as needed basis.
7.10. Call-in Guarantee. A member of the bargaining unit who is called in to work outside of
his/her normal shift will be guaranteed four (4) hours of pay to be computed at the rate of time-
and-one-half, except when contiguous to the employee's regular schedule. If a call-in occurs on
a holiday, the member will receive holiday pay for the four (4) hour guarantee and all additional
hours worked on the holiday. If an employee does not perform available work as assigned, he
shall not be entitled to any pay. This section is subject to the provisions set forth in Section 7.9,
Overtime.
7.11. Holidays. The following holidays shall be granted to all members of the bargaining unit
accordingly:
Holidays Designated Date
New Year's Day January 1st
Martin Luther King, Jr. Day 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day 1st Monday in September
Veteran's Day November 11th
Thanksgiving Day 4th Thursday in November
The Day after Thanksgiving 4th Friday in November
Christmas December 25th
One (1) Employee's Birthday Floating holiday*
Three (3) Floating Holidays**
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* Birthday Floating holiday shall be twenty-four(24) hours for 24-hour shift employees and eight
(8)or ten (10) hours for 8/10-hour shift employees.
** Three (3) floating holidays of ten (10) hours or eight (8) hours for 8/10 hour shift employees,
and(3)24-hour floating holidays for 24-hour shift employees. Floating holidays, including birthday
floating holidays, are to be selected by the employee, subject to the Fire Chief or designee's
approval, during each 26 pay period year.
a) Bargaining unit members shall be eligible to use Floating Holidays and Employee Birthday
after six (6) months of continuous employment with the City.
b) 8/10 hour shift employees get the same holidays as other City Employees.
c) Bargaining unit members shall receive holiday pay (double time) for all hours worked on
holidays. Double time pay does not apply to 24-hour shift employees, except when
working overtime on a Holiday.
d) All twenty-four (24) hour shift employees on any City recognized holiday will have the
option of an alternate holiday of twelve (12) hours at the employee's regular straight time
rate of pay, to be used within twelve (12) months of the holiday, or receive pay for the
twelve (12) hours at the employee's regular straight time rate of pay. An employee
choosing an alternative holiday must make their choice as to receiving an alternate holiday
on or before 12/31, 3/31, 6/30 or 9/30 for the forthcoming quarter. Failure to timely make
this selection by any of the quarterly deadlines shall be construed as an election of pay.
e) All 24-hour shift personnel shall have an option of an annual one-time lump sum payout
for all city recognized holiday pay accrued throughout the year. Said employee must make
election on payout on or before September 30th for the following year's holidays, to be
paid out on the last payroll period ending September of the following year.
f) Any additional holidays so designated by official action of the City Commission shall be
added to the above list.
g) Twenty-four(24) hour shift personnel whose A Day or regular day off falls on a holiday will
receive pay for twelve (12) hours at the employee's regular straight time rate of pay. The
shift that is ending at 8 a.m. on the holiday and the shift that starts at 8 a.m. on the holiday,
shall both receive twelve (12) hours holiday pay at the regular straight time rate of pay.
7.12.Vacation Benefits. Consistent with applicable ordinances, the vacation benefits presently
enjoyed by the employees covered by this Agreement shall continue for the term of this
Agreement.
V21TA-33
7.13. Negotiation Pay. The Union's Negotiation Committee shall be composed of not more than
five (5) members of the bargaining unit selected by the Union. Four(4) committee members, not
more than two (2) of whom are on the same tour of duty, shall be allowed time off with pay to
participate in any negotiations conducted pursuant to Chapter 447 of the Florida Statutes on any
day or days on which negotiations are held during their regularly scheduled tour of duty.
Employees shall not be paid for time spent in negotiations on off-duty days. The Union shall notify
in writing the Fire Chief and the City Manager's designee for Labor Relations of the names of the
members of the Negotiations Committee and of any changes in the members of said Committee.
7.14. Sick and Vacation Leave Accrual and Maximum Payment of Termination. All
employees covered by this Agreement shall, under applicable ordinances, rules and regulations,
be allowed no accumulation of vacation leave, except in accordance with provision for
postponement of vacation leave as set forth in Article 7 of this Agreement; be permitted to transfer
sick leave in excess of 360 hours to vacation leave at the rate of two days sick leave to one day
vacation leave to be used in the pay period year when transferred. The Must Use Cap on vacation
accrual is 500 hours (750 for 24-hour shift employees). Employees shall be permitted to carry
hours over the cap until March 31st of the following year.
Employees shall be entitled to schedule and use at least one year's worth of their annual leave
per year, if they participate in the Fire Department's vacation leave application process in a timely
manner.
The maximum amount of accrued, combined sick and vacation leave paid upon retirement,
termination or death shall not exceed 820 hours for non-shift personnel and shall not exceed
1,230 hours for 24-hour day shift personnel, not including the PEHP rollover hours specified in
section 7.17(g)(2).
The value of the combined accumulated sick leave hours and vacation hours upon termination,
retirement or death shall be one hundred percent(100%), up to the maximum as stated above.
7.15. Sick Leave Sell Back Program. An annual sick leave sell back program, payable on a
dollar for dollar basis, shall be implemented as stated in this section. The annual sick leave sell
back period shall cover each fiscal year from October 1st to September 30th. Payments for each
annual sick leave sell back period will be made in the last pay period in November after the closing
of the applicable sell back period.
V21TA-34
The sick leave sell back program will allow qualified employees to sell back their annual sick leave
accrual during the sell back period, minus any sick and emergency vacation leave utilized during
the same period, to be reduced on an hour for hour basis. Employees with less than fifteen (15)
years of service, may sell back up to ninety-six(96)hours(non-shift employees), and one hundred
forty-four (144) hours (shift employees). Employees who completed fifteen (15) years of service
or more, before the start of the applicable sell back period, may sell back up to 136 hours (non-
shift employees) or 204 hours (shift employees), minus any sick and emergency vacation leave
utilized during the same period, to be reduced on an hour for hour basis. Leave utilized under the
Family and Medical Leave Act(FMLA) shall not reduce the sick leave sell back amount.
In order to qualify for participation in the sick leave sell back program, employees must: (1) Have
been employed by the City throughout the entire sick leave sell back period being measured; and
(2) Maintain at least four hundred (400) hours of combined accumulated sick and vacation leave,
after each sell back date, for shift personnel, and three hundred (300) hours for non-shift
personnel. Employees who have completed five (5) years of service or less, before the start of
the applicable sell back period, must maintain at least three hundred (300) hours of combined
accumulated sick and vacation leave, after each sell back date, for shift personnel, and two
hundred (200) hours for non-shift personnel. The sick leave hours sold back as part of this
program cannot cause the employee's accumulated sick and vacation leave to descend below
the aforementioned minimum established thresholds.
Additionally, employees shall be entitled to an Attendance Leave Incentive (alternate holiday):
On a semiannual basis, any employee who has no sick leave call out (not including FMLA, or
emergency usage of time) at the end of each 6-month period (10/1 to 3/31; and 4/1 to 9/30)shall
be entitled to the following:
• for 24-hour personnel—one (1) 12-hour day off for each 6-month period;
• for 8/10-hour personnel—one (1) 8/10-hour day off per each 6-month
period
Employees eligible for the attendance leave incentive shall have their hours deposited into their
attendance leave banks on the first pay period following completion of the six-month cycle.
V21TA-35
7.16. Hours of Work.
a. (1) The average pay period for twenty-four (24) hour shift personnel covered by this
agreement will be 96 hours in a 14 day period and the three (3) shift (A,B,C) schedule of
twenty-four (24) hours on duty and forty hours off duty shall continue for the duration of
this agreement. Every seventh shift, currently known as an R-day, shall be a day off so
as to comply with the average pay period described above.
b. (2) Effective after the last pay period of February 2023, the average pay period for twenty-
four (24) hour shift personnel covered by this agreement will be 90 hours in a 14 day
period and the three (3)shift(A,B,C) schedule of twenty-four(24) hours on duty and forty
eight(48) hours off duty shall continue for the duration of this agreement. Every fifth shift,
known as an A-day(Adonis Day), shall be a day off so as to comply with the average pay
period described above. The average pay period for 8/10 hour shift personnel covered by
this agreement shall be eighty (80) hours in a fourteen (14) day period, with scheduled
shifts consisting of eight (8) ten (10) hour or ten (10) eight (8) hour days per pay period.
8/10-hour shift personnel shall not be eligible to receive or accrue A days.
7.17. Health Trust Contributions:
As of January 1, 2022,the City's monthly contributions to the Miami Beach Local 1510 Firefighters
Insurance Trust Fund (hereinafter "Trust") inclusive of dental for all bargaining unit employees
shall be:
Medical Dental Total
Single $ 818.87 $18.24 $ 837.11
Employee + 1 $2,006.52 $35.57 $2,042.09Family $2,008.12
$53.92 $2,062.04
Future annual increases to the City monthly contributions will be made based upon the Annual
Segal Health Plan Cost Trend Survey for Open Access PPOs/POS Plans. The increases shall be
effective January 1 of each year beginning January 1, 2022. In no event shall the City monthly
contributions be less than the prior year, even if the trend rate is negative.
The Miami Beach Local 1510 Firefighters' Insurance Trust Fund shall provide the audited financial
statements from the TRUST CPA on an annual basis but not later than March 1st of each calendar
year.
The City will make payments to the TRUST by the 15th of the month for the previous month.
V21TA-36
a) For all current retirees and active employees on the payroll as of July 14, 2010 all
employees in the DROP as of that date, and all eligible dependents under the current
eligibility rules, the City contribution for those current retirees and current employees who
become future retirees for health coverage shall be equal to the City's Health Trust
contribution formula for active employees. Furthermore,the contributions for those current
retirees and current employees who become future retirees and their eligible dependents
shall be no less that the current value of the contributions for active employees and their
eligible dependents. This agreement shall be reduced to writing and made individual
contracts and shall be vested benefit throughout retirement.
b) Employees hired after July 14, 2010, who elect to be covered by the Firefighters Plan to
the extent they choose to have medical benefits provided to them and their dependents
during retirement shall receive a health insurance stipend contribution to the Trust on
behalf of those employees after their retirement. The stipend shall be a monthly payment
equal to thirty-two dollars and 28 cents($32.28)(as of September 30, 2021)per each year
of service, subject to an annual increase based on the Miami-Ft. Lauderdale all urban
consumer CPI as of September 30th of each fiscal year, to be calculated and adjusted
each September 30th thereafter. Upon separation of employment with the City, the
individual's stipend shall continue to be adjusted annually every September 30th thereafter.
The stipend for each year of service is shall continue to be adjusted annually as set forth
above every September 30th thereafter.
c) All members of the bargaining unit who have worked at least ninety (90) days from date
of appointment will not be covered by City-provided medical and dental benefits and will
instead be covered by the Miami Beach Local 1510 Firefighters' Insurance Trust Fund
(Firefighters Plan). Covered employees if they choose, will have the options of coverage
as set forth in that Plan. Non-bargaining unit State certified firefighter employees in the
Fire Department have the option of coverage under the City-provided plan or Firefighters
Plan, but not both, provided they meet the TRUST's eligibility as defined in the plan
document.
d) All members of the bargaining unit who were members of the Union on September 1,
1986, and who retire on or after October 1, 1986, and non-bargaining unit employees who
opt for the Firefighters Plan and who retire on or after October 1, 1986, shall be covered
V21TA-37
by the Firefighters Plan to the extent they choose to have medical benefits provided to
them and their dependents during retirement.
e) Employees covered by this Agreement who retire, or are terminated by the City must be
vested in the Police/Fire pension plan or the City of Miami Beach Employee Retirement
plan at the time of such retirement, resignation or termination in order to receive a
contribution by the City towards his/her health insurance premium after such retirement,
resignation or termination.
f) Employees in the bargaining unit shall be eligible to participate in the City's voluntary
benefits plan, which may be modified by the City from time to time. The voluntary benefits
plan shall be administered by the City.
g) All employees covered by this agreement shall contribute fifty dollars($50.00) biweekly to
the Post Employment Health Program (PEHP).
(1) Upon separation of employment from the City, or when participating in DROP,
employees covered by this agreement shall contribute ten percent (10%) of their total
accrued leave payouts toward the PEHP. Any and all fees/costs- associated with
administering the PEHP shall be incurred by the plan participants. In no event shall the
City incur any costs.
(2) In addition to the 10% PEHP contribution in the above subsection (g)(1), upon
separation from service, all employees will contribute into their PEHP account 100% of
unused sick and/or vacation leave at dollar for dollar value,for up to a combined maximum
of 300 hours. For purposes of calculating this maximum, the amount shall be calculated
after all other sell backs available to the employee have been used or completed.
h) For so long a period as the federal tax code imposes a heavier tax burden upon City
employees with domestic partners who elect to receive family medical and dental
coverage over that of their married counterparts, the City will reimburse those employees
with domestic partners who pay this heavier tax burden by adding to their biweekly pay
the additional amount withheld from the employees' pay and the amount of the additional
tax assessed by the federal government upon this reimbursement. Reimbursement under
this subsection shall not be considered to be pensionable income. In order to qualify,
V21 TA-3 8
eligible employees must have registered domestic partnerships in accordance with the
applicable provisions of the Miami-Dade County Code of Ordinances and the City of Miami
Beach Code of Ordinances.
7.18. Paramedic Recertification Pay. Time spent while off duty in classroom (including the test)
or lab settings to obtain recertification in accordance with State of Florida requirements is not time
worked and will not be compensated by the City. Books and tuition for such courses will be paid
for by the City. Under present state recertification procedures, the City will provide a fifteen
hundred dollars ($1,500) paramedic recertification pay annually, to be paid in the first pay period
ending in October. Non-paramedic employees who are required to obtain EMT recertification shall
be provided with the state required instruction while on duty.
7.19. Court Time. When an employee is required to appear in court or at a deposition by the
State Attorney, public defender, or a federal agency, or is required to appear in court or at a
deposition in a civil matter which involves the employee's employment with the City, (except when
the employee is a Plaintiff in any litigation against the City, when the litigation involves one
employee who is suing another employee, and/or when the employee is a Plaintiff or Defendant
in a lawsuit where the employee is not on the same side as the City, this Section shall not apply)
he/she will be paid a minimum of four (4) hours at the overtime rate if the court appearance or
deposition is not contiguous to the regular duty shift. If the court appearance or deposition is
contiguous to the regular duty shift, the minimum guarantee shall be two(2)hours at the overtime
rate.
7.20.On-Call. Employees who are placed in an on-call status as primary respondents for periods
of one month at a time will be paid $400 for each such month.
7.21. Rescue Out of Class (ROC). When the City temporarily assigns an employee covered by
this Agreement to work in Fire Rescue for more than one hour, he/she shall receive an additional
three dollars ($3.00) per hour for all hours during which the assignment continues on that shift.
7.22. Pension. The pension benefits as they currently exist shall continue, to provide the
following benefits for plan members who retire on or after September 30, 2013 (except as
otherwise specified below):
A. Military Buy Back: Upon completion of five(5)years of creditable service under the
pension system, (ten years for members hired after May 19, 2019), members may
V21TA-39
purchase additional creditable service under the system for up to two (2) years of
prior military service, in increments of up to three percent(3%)per year of service for
a maximum additional multiplier of six percent(6%), purchased at ten percent(10%)
or ten and one half percent (10.5%), (for new hires required to contribute 10.5% to
the plan as set forth in sections G and H herein), of pensionable salary for each year
of military service purchased, with the cost prorated for fractional years of service.
For purposes of this purchase, an employee may use the value of accrued sick and/or
annual leave, valued at the employee's hourly rate at the time of purchase. Such
purchased creditable service will be available for use as a benefit, including for
purposes of reaching normal retirement eligibility. In no event may the purchased
service be used for purposes of vesting credits.
The purchase of additional military service must be completed within twenty-four(24)
months following a member's completion of five years of creditable service under the
pension plan (ten years for members hired after May 18, 2019). If a member does not
complete the purchase within the twenty-four(24) month period, he/she shall not be
eligible for the purchase in the future. These provisions shall be applicable upon
attaining ten (10) years of creditable service under the Miami Beach Police/Fire
Pension plan for employees hired on or after May 18, 2019.
B. All compensation for work performed pursuant to section 6.12(off duty services)shall
be included in a member's salary for pension purposes and shall be used in the
calculation of member contributions and benefits. Provided, in no event shall overtime
pay and/or off-duty pay, exceed the caps presently specified in the Miami Beach
Police and Fire Pension Ordinance. Overtime in excess of 300 hours per year or
payments for unused sick and and/or vacation leave may not be included in
compensation for pension purposes.
C. DEFERRED RETIREMENT OPTION PLAN (DROP)
1. Eligibility — Any active employee member of the Miami Beach Police and
Firefighters Pension Plan may enter into the DROP on the first day of any month
following the date upon which the employee first became eligible for a normal
service retirement, subject to the conditions expressed herein or as modified from
time to time.
2. Conditions of Eligibility— Upon becoming eligible to participate in the DROP, an
employee may elect to enter that program for a period not to exceed sixty (60)
V21TA-40
months; however, employees who entered the DROP on or before September 30,
2015, may extend their DROP participation period by twelve (12) months, for a
total maximum DROP participation period not to exceed seventy-two (72)months.
Employees who entered the DROP on or after October 1, 2015, but prior to June
8, 2016, may extend their DROP participation period by up to thirty-six (36)
months, for a total maximum DROP participation period not to exceed ninety-six
(96) months. Employees who enter the DROP on or after June 8, 2016, will be
subject to a total maximum DROP participation period not to exceed ninety-six(96)
months. Notwithstanding, participation may not continue beyond that date when
the employee's combined years of creditable service and time in the DROP equals
four hundred and fifty-six (456) months. Provided also that participation in DROP
shall require the employee to complete and submit the following prior to start of
DROP payments.
a. Such forms as may be required by the Pension Board of Trustee's Plan
Administrator. Election in the DROP is irrevocable once DROP payments begin.
b. A waiver and an irrevocable resignation from employment with the actual date
of termination being the date designated by the employee as the end of his/her
DROP participation. The administration and timing of execution and delivery of
the waiver and resignation forms shall meet the requirements of the Age
Discrimination in Employment Act and the Older Worker's Benefits Protection Act,
as same may be amended from time to time.
c. Employees currently in the DROP, who meet the requirements set forth in
Sections 1 and 2 above, and elect to extend their DROP participation period, must
sign such forms as may be required by the Pension Board by no later than
September 1, 2019.
3. Conditions of Employment for DROP Participants — Employees shall be
subject to termination of employment while in DROP to the same extent as they
were in their pre-DROP status. A person who has elected the DROP remains an
employee during the DROP period and receives all the benefits of being an
employee during the DROP period, except any form of pension contribution.
4. Effect of DROP Participation
V21TA-41
a. An employee's credited service and his/her accrued benefit under the
Pension Plan shall be determined on the date of his/her election to
participate in the DROP first becomes effective.
b. The employee shall not accrue any additional credited service while
he/she is a participant in the DROP, or after termination of participation in
the DROP.
c. A DROP participant is not eligible for disability benefits from the Plan.
d. An employee may participate in the DROP only once.
e. Effective with the start date of an employee's DROP participation,
contribution to the Pension Plan by the employee and the normal cost
contribution to the Pension Plan by the City, on behalf of the employee,
shall cease.
5. Payments to DROP Account.A DROP account shall be created for each member
who elects to participate in the DROP. A DROP account shall consist of amounts
transferred to the DROP from the Plan, which include the monthly retirement
benefits, including any future cost of living increases, that would have been
payable had the member elected to cease employment and receive a normal
retirement benefit upon commencing participation in the DROP, and earnings on
those amounts. With the exception of those employees who enter the DROP on or
after September 1, 2012, through September 29, 2013, shall continue to receive a
zero (0%) cost of living adjustment for the third (3rd) and fourth (4th) annual
adjustment dates, regardless of whether the employee remains in the DROP for
the applicable maximum participation period.
a. Employees who entered the DROP on or before September 30, 2015, and who
choose to extend their DROP participation period by up to twelve
(12) months, shall receive a zero (0%) retiree cost of living adjustment(COLA)for
their sixth (6th)annual adjustment date. If these employees choose to extend their
DROP participation period and separate from employment with the City at any time
within the sixth (6th) year, they will not receive a retiree COLA on the sixth (6th)
annual adjustment date, but will receive a retiree COLA on the seventh (7th)
annual adjustment date and all annual retiree COLAs thereafter.
b. Employees who entered the DROP on or after October 1, 2015, but prior June
V21TA-42
8, 2016, who choose to extend their DROP participation period by up to thirty-six
(36) months shall receive a zero (0%) retiree COLA for their sixth (6th), seventh
(7th), and eighth(8th)annual adjustment dates. If these employees separate from
employment with the City at any time within the sixth(6th), seventh(7th), or eighth
(8th)year in DROP, they will not receive a retiree COLA on the annual adjustment
date following their separation of employment with the City, but will receive all
annual retiree COLAs thereafter.
c. Employees entering the eight (8) year DROP on or after June 8, 2016 shall
receive a zero (0%) retiree COLA for their sixth (6th), seventh (7th), and eighth
(8th) annual adjustment dates. If these employees separate from employment
with the City at any time within the sixth (6th), seventh (7th), or eighth (8th) year
in DROP, they will not receive a retiree COLA on the annual adjustment date
following their separation of employment with the City, but will receive all annual
retiree COLAs thereafter.
d. Employees hired after June 8, 2016 who enter the DROP shall receive a zero
(0%) retiree COLA for their first (1st), second (2nd), third (3rd), and fourth (4th)
annual adjustment dates. If these employees separate from employment with the
City at any time within the first(1st),
second (2nd), third (3rd), or fourth (4th) year in DROP, they will not receive a
retiree COLA on the annual adjustment date following their separation of
employment with the City, but will receive all annual retiree COLAs thereafter.
6. DROP Account Earnings
a. Members may direct their DROP money to any of the investment options
offered and approved by the Board. Any losses incurred by the participant shall
not be made up by the City or the Pension Plan. The selection of these programs
shall be made by the participant on forms provided by the Board. Any and all
interest and or earnings shall be credited to the participant's DROP account.
b. A member's DROP account shall only be credited or debited with earnings
while the member is a participant in the DROP and, depending on the DROP
Account Payment Options selected, after the member dies, retires, or terminates
employment with the City of Miami Beach.
V21TA-43
7. Payment of DROP Account Funds
Upon termination of a member's employment (for any reason, whether by retirement,
resignation, discharge, disability, or death), the retirement benefits payable to the
member or to the member's beneficiary shall be paid to the member or beneficiary and
shall no longer be paid to the member's DROP account. In the event of the member's
death, payment shall be made directly to the member's beneficiary. No payments will
be made from the DROP account until the member terminates employment.
8. DROP Account Payment Options — Following the termination of a participant's
employment, the participant shall select one of the following options to begin to receive
payment from his/her DROP account. Said selection shall occur no later than 30 days
prior to the end of the DROP participation period or within 30 days following the
termination of a participant's employment if said termination of employment occurs prior
to the end of the DROP participation period:
a. Lump Sum—All accrued DROP benefits, plus interest, shall be paid from the
DROP in a single lump sum payment.
b. Partial Lump Sum — A member designated portion of accrued DROP
benefits, plus interest, shall be paid from the DROP in a partial lump sum
payment with the remainder being directly rolled over into an eligible
retirement plan.
c. Direct Rollover—All accrued DROP benefits, plus interest, shall be paid from
the DROP directly to the custodian of an eligible retirement plan.
d. Other method(s)of payment that are in compliance with the Internal Revenue
Code and adopted by the Pension Board of Trustees.
9. Death of DROP Participant — If a DROP member dies before his/her account
balances are paid out in full, the participant member's designated beneficiary shall have
the same rights as the member to elect and receive the pay-out options set forth in
Paragraph 8, above. DROP payments to a beneficiary shall be in addition to any other
retirement benefits payable to the beneficiary.
10. Administration of DROP Accounts
a. The Pension Board of Trustees shall make such administrative rules as are
necessary for the efficient operation of DROP, but shall neither create any
V21TA-44
rule that is inconsistent with the legislation creating the DROP, nor any rule
that would be a mandatory subject of collective bargaining.
b. At all times, the DROP will be administered so that the Plan remains qualified
under the Internal Revenue Code and is in compliance with the Internal
Revenue Code and applicable laws and regulations.
11. If any provision of this DROP should be found invalid, unlawful, or not enforceable by
reason of any existing or subsequently enacted legislation, or by judicial authority, or by
an IRS regulation/ruling, the City and the Union agree to meet within 30 days of such
determination for the purpose of negotiating a resolution to the invalid provision(s).
In the event that provisions of the Internal Revenue Code operate to limit the benefit
amount of employee coverage by the pension provision incorporated in this Agreement
to an amount less than set forth in the pension Plan then the City and the Union shall
negotiate a method to compensate the affected employee for the difference between the
normal pension benefit and the limits allowed by the Internal Revenue Code provided
that no such resolution shall jeopardize the exempt status of the Plan under the Internal
Revenue Code.
12. A member who elects to participate in the DROP shall retain the earned balance of
accrued sick and vacation leave as of date of entry into the DROP, and shall continue to
earn sick and vacation leave during the DROP period, in accordance with the stipulations
set forth in the collective bargaining agreement between the City and IAFF. While in the
DROP, the member shall have the one-time option of receiving payment for accrued sick
and/or vacation leave, up to the maximum payout upon separation of employment
allowed by the collective bargaining agreement between the City and IAFF, provided that
the employee shall retain at least one hundred twenty(120) hours of accrued sick leave
after such payment. The one-time election to receive payment of leave balances shall be•
made in any one year of the DROP, by notifying the City no later than August 31 of that
year. Employees may request such payment prior to entry into the DROP, but must be
in the DROP at the time of payout. Payment will be made on the second pay period of
February of the following year. Upon final separation from employment with the City, a
member who has participated in the DROP shall be eligible to receive payment for the
balance of all accrued sick and vacation leave as of the date of final separation, up to the
V21TA-45
maximum provided in the collective bargaining agreement, as reduced by the prior
payout, if any. In no event shall payments for accrued sick or vacation leave be included
in a member's earnings for the purposes of the plan.
D. Pension benefits for employees hired prior to July 14, 2010; all changes effective
September 30, 2013, unless otherwise specified:
1. The benefit multiplier shall be three percent (3%) for each year of
creditable service for the first twenty (20) years of service, and four
percent (4%)for each year of creditable service after twenty (20) years
of creditable service.
2. The normal retirement date shall be as provided in the current pension
plan, except that a member must attain the age of 47 to be eligible for
"Rule of 70" retirement or reach the 85% benefit cap, regardless of age.
3. The final average monthly earnings (FAME) shall be based on the
member's two (2) highest paid years of creditable service, prior to
retirement or separation from employment. Effective September 30,
2015, the final average monthly earnings (FAME) shall be based on the
member's three (3) highest paid years of creditable service, prior to
retirement or separation from employment.
4. The retiree cost of living adjustment (COLA) shall be two-and one-half
percent(2.5%) annually.
5. The maximum pension benefit shall be 85% of pensionable income,with
the exception that any member who attains a benefit of 85% of
pensionable income or higher as of September 30, 2013, retains the
maximum benefit of 90% of pensionable income.
6. An employee shall be vested after completion of five (5) years of
creditable service.
7. Ten percent(10%) employee pension contribution.
E. Pension benefits for employees hired on or after July 14, 2010, but prior to September
30, 2013; all changes effective September 30, 2013, unless otherwise specified:
1. The benefit multiplier shall be three percent (3%) for each year of
creditable service for the first twenty (20) years of service, and four
percent (4%)for each year of creditable service after twenty (20) years
V21TA-46
of creditable service.
2. The normal retirement date shall be as provided in the current pension
plan, except that a member must attain the age of 48 to be eligible for
"Rule of 70" retirement or reach the 85% benefit cap regardless of age.
3. The final average monthly earnings (FAME) shall be based on the
Member's three (3) highest paid years of creditable service, prior to
retirement or separation from employment.
4. The retiree cost of living adjustment (COLA) shall be one-and one-half
percent(1.5%) annually.
5. The maximum pension benefit shall be 85% of pensionable income.
6. An employee shall be vested after completion of five (5) years of
creditable service.
7. Ten percent(10%) employee pension contribution.
F. Pension benefits for employees hired on or after September 30, 2013, but prior to June
8, 2016:
1. The benefit multiplier shall be three percent (3%) for each year of
creditable service for the first twenty (20) years of service, and four
percent(4%)for each year of creditable service after twenty(20) years
of creditable service.
2. The normal retirement date shall be as provided in the current pension
plan, except that a member must attain the age of 48 to be eligible for
"Rule of 70" retirement or reach the 85% benefit cap regardless of age.
3. The final average monthly earnings (FAME) shall be based on the
Member's five (5) highest paid years of creditable service, prior to
retirement or separation from employment.
4. The retiree cost of living adjustment (COLA) shall be one-and one-half
percent(1.5%) annually.
5. The maximum pension benefit shall be 85% of pensionable income.
6. An employee shall be vested after completion of five (5) years of
creditable service.
7. Ten-and one-half percent(10.5%) employee pension contribution.
G. Pension benefits for employees hired after June 8, 2016 and prior to May 8, 2019:
V21TA-47
1. The benefit multiplier shall be three percent (3%) for each year of
creditable service for the first twenty (20) years of service, and four
percent (4%)for each year of creditable service after twenty (20) years
of creditable service.
2. The normal retirement age shall be 52; however, under "Rule of 70"
retirement, a member must attain a minimum age of 48 or reach the 85%
benefit cap regardless of age.
3. The final average monthly earnings (FAME) shall be based on the
Member's five (5) highest paid years of creditable service, prior to
retirement or separation from employment.
4. The retiree cost of living adjustment(COLA)shall be one-and one-half
percent(1.5%) annually.
5. The maximum pension benefit shall be 85% of pensionable income.
6. An employee shall be vested after completion of five (5) years of
creditable service. Employees hired after May 8, 2019, shall become
vested after completion of ten (10)years of creditable service.
7. Ten-and one-half percent(10.5%)employee pension contribution.
8. Employees hired after May 8, 2019, shall not be credited with any prior
creditable time in the Miami Beach General Employee Pension Plan.
The pension breakdowns above are for illustrative purposes and do not encompass all pension
benefits afforded to respective members. The full itemization of pension benefits is available in
the plan summary for the Fire and Police Pension Plan, as well as the Fire and Police Pension
Ordinance.
7.23. "Me Too" with the FOP. The IAFF reserves the right to a "me too" agreement with the
FOP should the City modify the FOP agreement on parallel issues.
7.24. Buyback of Probationary Time. Employees hired prior to July 19, 2013 may elect, by
written notice served on the Board of Trustees, to receive creditable pension service time for any
or all of their time served as probationary firefighters. In order to receive such creditable pension
service time, employees should be allowed to purchase any or all of such time through the use of
accrued annual leave, sick leave, cash or any combination thereof. In the event such purchase
is not made within six months of successful completion of probationary period, the amount paid
shall include interest at the rate of three percent (3%) per annum excluding first six months.
V21TA-48
Effective July 19, 2013, all newly hired employees shall participate in the pension plan upon date
of hire.
7.25 State Certified Fire Officer Pay.
(a) Employees shall receive an additional 2.5% supplement upon receipt of a State
Certified Fire Officer I Certificate and shall continue to receive such supplement regardless
of his/her divisional assignments.
(b) Employees shall receive an additional 5% supplement upon receipt of a State Certified
Fire Officer II Certificate and shall continue to receive such supplement, regardless of
his/her divisional assignments.
7.26. Commission on Fire Accreditation International Pay Supplement (CFAI).
Bargaining unit members shall receive fifty dollars ($50.00) per pay period. The union agrees to
work with the City in order to attain accreditation through the Commission on Fire Accreditation
International. After attainment of accreditation, (CFAI) payments required herein shall be
contingent upon maintenance of the accreditation provided however that payment shall continue
if loss of accreditation is due to action or inaction by the City/Administration and unrelated to
actions of the bargaining unit members.
7.27. Compensation Plan.
a) Trainee—All non-certified hires will start at Step 1.
b) All Florida certified Firefighters will start at Step 3. After 6 months at Step 3, the employee
will move to Step A for the duration of their first year.
c) Fire Inspector new hires will start at Step 1 of the Inspector pay plan.
Fire Inspector Supervisors will start at Step 1 of the Fire Inspector Supervisor pay plan.
7.28.Shift Fire Investigator.Three(3) Firefighter employees will be assigned to the Suppression
Division (1210) in the position of Shift Fire Investigator. There shall be one (1) Fire Investigator
per 24-hour shift for a total of three (3). To be eligible to hold the position, the Firefighter must be
a State certified Fire Investigator. The three (3) fire investigators will perform their normal
Firefighter shift duties, and may be dispatched solely for Fire Investigative duties. The three (3)
Firefighter Shift Fire Investigators shall maintain their 10% assignment pay as if they were still
assigned to the Fire Prevention Bureau(FPB) Division (1230)and shall maintain their current take
home vehicles.
V21TA-49
7.29. Hazardous Duty Pay.All employees covered by this agreement shall be eligible to receive
hazardous duty pay in the amount of one hundred twenty-five dollars ($125) biweekly; effective
10/1/2022 the pay shall increase to $150 biweekly; effective 10/1/2023 the pay shall increase to
$ 175 biweekly. Hazardous duty pay shall not be considered as pensionable earnings.
7.30. Marine Pay. On a biweekly basis, any employee who is assigned to the fire station
designated as the marine station shall receive assignment pay equal to five percent(5%) of their
biweekly base pay. This assignment shall be subject to the bid document.
7.31. Special Operations Pay. On a biweekly basis, any employee who is assigned to the fire
station designated as the special operations station shall receive assignment pay equal to five
percent(5%)of their biweekly base pay. This assignment shall be subject to the bid document.
7.32. SWAT. Any employee who is assigned to the SWAT team shall receive assignment pay
equal to five percent (5%) of their biweekly base pay. This assignment pay shall not be
pensionable. There shall be one SWAT medic assigned per 24-hour shift, when possible, at the
Fire Chiefs discretion. This assignment shall be subject to the bid document. Employees who
are deployed or called in to train outside of their normal shifts will be guaranteed four(4) hours of
pay to be computed at the rate of time-and-one-half, except when contiguous to the employees'
regular shifts. Any such training must be approved in advance by the Fire Chief. This section is
subject to the provisions set forth in Section 7.9, Overtime.
7.33. Honor Guard. Employees assigned to the Honor Guard who are deployed or called in to
train outside of their normal shifts will be guaranteed four(4) hours of pay to be computed at the
rate of time-and-one-half, except when contiguous to the employees' regular shifts. This section
is subject to the provisions set forth in Section 7.9, Overtime.
7.34. Combat Challenge. Effective the first full pay period in October 2018, a combat challenge
shall be established, the components of which will be mutually agreed upon between the Fire
Chief and the Union President. Any employee covered by this Agreement who completes and
passes the challenge shall receive a supplement of seventy-five dollars($75)per pay period. The
challenge will be administered by the Fire Department. It will be administered on an annual basis.
An employee will have thirty (30) days from the anniversary of his completion of the combat
challenge to schedule the next challenge (for that year). Employees must complete and pass the
V21TA-50
challenge each year in order to be eligible for continued receipt of the supplement. Combat
challenge pay shall not be considered as pensionable earnings.
7.35. Second Language Pay. Employees who are conversationally proficient in a second of the
following languages: Spanish, Creole, Portuguese, Hebrew, French, Russian, German,
Cantonese, Italian and American Sign Language; shall be eligible to receive second language
pay equal to two and one-half percent (2.5%) of their biweekly base pay. Proficiency will be
determined by an employee obtaining a minimum rating of level 9 on the"Speaking and Listening
Assessment"test administered by ALTA Language Services, Inc. via telephone and proctored by
the Fire Administration. The test may be scheduled with at least seven (7) work days' notice to
the Fire Administration. The employee will bear the cost of paying for the test. Second language
pay shall not be considered as pensionable earnings.
7.36. Take-Home Vehicles. The Union agrees that each bargaining unit employee who is
assigned a take-home vehicle will purchase at his or her expense an extended non-owner
coverage endorsement or non-owner auto insurance coverage in the amount of at least$100,000,
within 30 days of this effective date of this Agreement. In addition, the employee must maintain
an extended non-owned coverage endorsement or non-owner auto insurance coverage in the
amount of at least$100,000,for so long as he or she is assigned a take-home vehicle. Employees
who are initially assigned a take-home vehicle, subsequent to date of ratification of this
Agreement, shall be required to obtain and maintain an extended non-owner coverage
endorsement or non-owner auto insurance coverage in the amount of at least$100,000, prior to
vehicle assignment. Any employee without the required insurance coverage, as stipulated herein,
may have the take-home vehicle privilege revoked at the City's discretion. If the insurance industry
no longer provides the extended non-owned coverage endorsement or non-owner auto insurance
coverage, there will be a re-opener in order for the City and Union to discuss the provisions set
forth in this section only.
7.37. Fire Inspectors and Fire Inspector Supervisors shall be covered by the benefits provided
in Article 7 outlined in the following sections: 7.9, 7.10, 7.11, 7.12, 7.14, 7.15, 7.16, 7.17, 7.19, ,
7.26, 7.27, and 7.35. Fire Inspectors shall also be assigned take home vehicles and shall be
subject to the provisions related to vehicles including Section 7.36.
V21TA-51
7.38 Housing Stipend. The City shall pay a housing stipend of $250 per month for bargaining
unit employees (up to a maximum of 50 police and fire combined) living within the Miami Beach
City limits, upon confirmation of residency by the Human Resources Department.
ARTICLE 8
JOINT OCCUPATIONAL SAFETY AND HEALTH COMMITTEE
8.1. Committee Make-up and Responsibilities. In recognition of the City's and the Union's
desire to maintain the highest standards of health and safety in the Fire Rescue Department, a
Joint Occupational Safety and Health Committee will be established. This committee shall consist
of three (3) members of management selected by the Fire Chief, and three (3) members of the
Union appointed by the Union President.
a) The Committee shall recommend rules and procedures for the promotion of health and
safety among Firefighters.
b) The Committee shall make inspections of Fire Department facilities on a semi-annual
basis or by special request.
c) The Committee shall keep minutes of each meeting.
d) The Committee shall meet on a regular basis at mutually agreed times. Four(4)members
of the Committee shall constitute a quorum, providing that equal representation is
available, at a scheduled and posted meeting.
e) The Safety and Health Committee established by this Agreement shall evaluate changes
in specifications for bids for protective clothing, equipment, tools, appliances, and
apparatus, and shall issue its recommendations in a report to the Fire Chief.
f) The Safety and Health Committee will evaluate the types of helmets, gloves, breathing
apparatus, and protective clothing on a semi-annual basis. A report of this evaluation will
be made to the Fire Chief.
g) A separate City-Wide or Departmental Safety Committee will review and analyze all
reports of accidents, deaths, injuries, and illnesses.
h) The Safety and Health Committee shall review on the job accidents and injuries and make
recommendations to the Fire Chief about prevention efforts and/or remediation needed.
8.2. Personal Equipment. Personnel will be issued personal equipment one time, in new
condition, to be maintained in serviceable condition. If the gear is damaged or destroyed at no
V21TA-52
fault of the employee, it will be replaced by the City. If it has been damaged, destroyed, or lost
due to the employee's negligence, the employee will pay for the replacement.
Negligence will be determined by a majority vote of four(4) members of the Occupational Safety
and Health Committee and the Fire Chief. Two (2) of the Committee members shall be Union
appointees and two (2) shall be Management appointees.
8.3. Ladder Testing. The City shall pay for the inspection and testing of the structural integrity
and safety of its aerial devices, using recognized test procedures by an independent test company
other than the original manufacturer, at a time to be determined by management, but on no longer
than a bi-annual basis. A copy of the test results will be supplied to the Safety and Health
Committee.
8.4.Air Quality Evaluations. The City agrees that air quality evaluations as presently made will
be made by the Dade County Health Department or other suitable testing facility on the
compressed air utilized in department Self-Contained Breathing Apparatus (SCBA) and Self-
Contained Underwater Breathing Apparatus (SCUBA) on a quarterly basis.
8.5. SCBA Repair. Only personnel who have been trained and certified by the manufacturer will
be permitted to perform repairs or supervise the performance of repairs on Self-Contained
Breathing Apparatus (SCBA).
V21TA-53
ARTICLE 9
LEAVE OF ABSENCE
9.1. Educational Leave and Tuition Refund. Subject to applicable Personnel Rules, leave
ordinances and tuition practice administrative procedures, an employee may request an
educational leave of absence without pay to take a course or courses in a field related to the work
assignment of said employee.
Employees covered by the bargaining unit are eligible for the tuition assistance program set forth
below:
Six Credit hours per semester for a total of eighteen credits per calendar year will be
reimbursed, as follows:
• Approved undergraduate, community college courses and non-credit/certificate
courses will be reimbursed as follows:
O 90% for courses in which the employee earns an A
O 80% for courses in which the employee earns a B
O 60% for courses in which the employee earns a C
• Approved graduate courses will be reimbursed as follows:
O 90% for courses in which the employee earns an A
O 80% for courses in which the employee earns a B
The maximum annual educational reimbursement is capped at the current federal cap for
withholding tax exemption. (This amount is $5,250 as of 2022.)
In the event the City improves the tuition reimbursement benefit, such improvement shall be
automatically included in this contract and added to this benefit.
9.2. Bereavement. Where there is a death in the immediate family(mother, father, grandparents,
grandchildren, current spouse's parents, brother, sister, current spouse, children, or stepchildren)
of an employee, he or she shall be allowed four(4) consecutive days off if on eight(8)or ten (10)
hour shift; or forty-eight (48) consecutive hours off if on 24-hour shift, for the purpose of making
arrangements and/or attending the funeral,without loss of pay and without charge to accrued sick
leave or vacation days of said employee. Upon request, employees will be eligible to take an
additional consecutive week off utilizing their own accrued leave. Any additional time off may be
granted by the Fire Chief or designee, and shall be chargeable to the accrued sick or vacation
leave of such employee. Such additional time shall not count against the employee for the
V21TA-54
purposes of performance evaluation, or for participation in the sick leave sell back program.
Requests for additional time off shall be submitted in writing to the Chief.
ARTICLE 10
TRANSFER OF SERVICES
10.1. Notice. The City agrees to keep the Union advised concerning any plans for, or
implementation of, a transferal of any services presently being performed by bargaining unit
members.
10.2. Discussions. The City agrees to hold discussions with representatives of the Union upon
request of the Union,for the purpose of permitting the Union an opportunity to comment upon any
proposed transferal of services and/or suggest alternatives to all or any portion of the plan for
transferal.
•
V21TA-55
ARTICLE 11
DRUG/ALCOHOL TESTING
Section 11.1. Selection. In an effort to identify and eliminate on-duty or off-duty controlled
substance/alcohol abuse, urinalysis/breathalyzer tests shall be administered as provided herein.
Employees shall be advised of their contractual rights relative to this Article any time a
urinalysis/breathalyzer alcohol test is required. Employees refusing to submit to a
urinalysis/breathalyzer test under the provisions set forth herein shall be dismissed.
a) Annual Screening: All employees shall be required to submit to urinalysis once per
calendar year. Employees shall be selected using a random selection process agreed to
by the Union and the City, and shall be tested during their normal tour of duty.
b) Random Screening: It is important to the safety and welfare of employees and the public
that bargaining unit members not be impaired by alcohol while on duty nor use illegal
drugs. The Human Resources Department will administer the drug testing program.
Employees whose sick leave bank falls below 200 hours (300 hours for shift personnel),
shall be subject to the random drug test for 180 calendar days. The 180-calendar day
period will begin with the pay period after the employee's leave balance falls below 200
hours (300 hours for shift personnel). If at any time after the 180 calendar days has
expired,the employee's sick leave bank falls below the 200 hours(300 for shift personnel),
the employee shall be immediately subject to random drug testing for an additional 180
calendar day period (as described above). New hires are exempt from the random
screening provisions until they have been employed for a total of thirty-six months. After
thirty-six months from the date of hire, all provisions will apply.
c) Reasonable Belief Screening: Employees may be tested under the following criteria:
1. When a Division Chief or above has reasonable belief, based on objective factors that
the employee has possession of, or is using, dispensing, or selling any illegal drug or
controlled substance which is not prescribed by a licensed physician.
2. When a Division Chief or above has reasonable belief based on objective factors that
the employee is under the influence of alcohol on duty, or on an off-duty detail, or
V21TA-56
traveling to or from same in a City vehicle, or while in a status where injury would be
covered by Workers' Compensation and/or I.S.C.
Section 11.2 Screening.
a) Employees shall take a breathalyzer test in the case of suspected alcohol abuse, and/or
give a urine sample for suspected substances abuse, as determined by the City, at either
a hospital or an accredited testing lab, as chosen by the City. The hospital or accredited
testing lab shall include sufficient safeguards to ensure that a proper chain of custody is
enforced. When a sample is required to be submitted under any of the above
circumstances, a portion of the first sample shall be retained, and the employee may
choose to submit a second, separate sample as described in b) below. All positive tests
for controlled substance(s) shall be confirmed by Gas Chromatography Mass
Spectrometry (GCMS) or equivalent testing method. Testing shall be performed by an
accredited, State licensed clinical lab. Testing for alcohol shall be by breath-testing unless
the employee is or claims to be unable to provide an adequate sample. In such a case, a
blood test will be performed. A breath alcohol level of 0.04 or higher and its equivalent
blood test outcome shall constitute a positive result.
b) Except in the case of alcohol testing, if the employee chooses to submit a second,
separate sample it shall be collected at either a hospital or accredited, State licensed
clinical lab, chosen by the City, within four (4) hours of the time the initial sample is
submitted. If the employee declines to submit a second, separate sample or is unable to
submit a second, separate sample within the four(4) hour time period,the retained portion
of the initial test shall be used for any additional confirming tests. Any additional
confirmation testing shall only be conducted following a positive result from the initial test,
and shall be performed at a second, separate State licensed clinical lab of the City's
choice. All additional confirmation testing shall be by GCMS or equivalent testing method.
•
V21TA-57
c) Below are the substances tested for:
Drug Initial Test Level GC/MS Confirmation
Test Level
Amphetamine 1000 ng/ml 500 ng/ml
Barbiturates 300 ng/ml 150 ng/ml
Benzodiazepines 300 ng/ml 150 ng/ml
Cocaine metabolites 300 ng/ml 150 ng/ml
Marijuana metabolites 50 ng/ml 15 ng/ml
Methadone 300 ng/ml 150 ng/ml
Methaqualone 300 ng/ml 150 ng/ml
Methylenedioxyamphetamine 500 ng/ml 250 ng/ml
(MDA)Analogues
Opiates 2000 ng/ml 2000 ng/ml
Phencyclidine 25 ng/ml 25 ng/ml
Propoxyphene 300 ng/ml 150 ng/ml
The IAFF reserves the right to a "me too" agreement with the FOP should the FOP retain
ten (10) panel screening standards.
d) Employees shall be notified of a positive test result within a reasonable time from the time
a sample is submitted. Such notice may be served either verbally to the employee or by
a representative of the Department delivering notice to the employee's last recorded
residence shown on the Department's personnel roster. The Union shall be advised of
positive or negative test results to the extent that the release of such information is
consistent with Federal, State, or local laws regarding the privacy of test results, unless
the employee does not want the results released to the Union.
e) Employees ordered back to duty for testing shall be compensated under Article 7, Section
7.7, Call-In Guarantee.
e) Disputes regarding the consistent application of the reasonable belief criteria cited herein
shall be handled under Section 11.3, Expedited Arbitration. Employees shall comply with
the order to submit a sample and simultaneously file a protest with the communicator of
the order.
f) Employees who test positive for drug use and wish to attribute causation to a prescribed
drug may present evidence to the City Manager's designee for Human Resources and the
laboratory's Medical Review Officer. The decision of the Medical Review Officer will be
conclusive.
h) Employees shall authorize release of drug/alcohol testing to the City.
V21TA-58
Section 11.3. Expedited Arbitration.
a) Following ratification of this Agreement and prior to October 1, 1998, the President of the
Union and the City Manager's designee for Labor Relations shall select two(2)permanent
Arbitrators certified by the American Arbitration Association (AAA) or other similar
certifying agency, to hear employee drug grievances. The Arbitrators will alternate,
hearing only grievances where the employee alleges a violation of Section 11.1(b),
paragraphs 1 or 2, and limited to whether or not there was reasonable belief based on
objective factors to require the grievant to submit to a controlled substance/blood alcohol
test.
b) Samples submitted under Reasonable Belief Screening criteria and grieved shall not be
tested until the Arbitrator has ruled affirmatively that there was reasonable belief to test
the employee.
c) Any grievance must be in writing and submitted by fax or hard copy to the Division Chief
or above on the same day as the test or no later than the next weekday following the test.
d) Any costs associated with the Arbitrator's ruling shall be borne by the City if the Arbitrator
rules there was not reasonable belief to test the employee, and the sample(s) shall be
properly discarded. Costs associated with the Arbitrator's ruling shall be borne by the
Union if the Arbitrator rules that there was reasonable belief to test the employee, and the
sample(s)shall be tested as outlined in this Article.
e) An expedited hearing shall be held before the Arbitration using the American Arbitration
Association rules of expedited arbitration and no post hearing briefs shall be filed. The
drug grievance shall be submitted directly to arbitration and shall be heard at a mutually
convenient time after the employee was required to submit to the controlled
substance/blood alcohol test. The Arbitrator shall rule at the close of the hearing and an
oral response from the Arbitrator shall be sufficient to settle the grievance.
f) The Arbitrator shall serve from year to year and shall be appointed by letter,jointly signed
by the Union President and the City Manager's designee for Labor Relations. Should the
City and the Union choose to remove an Arbitrator, the Arbitrator shall be notified and the
parties shall agree on a replacement. If they are unable to agree, each party shall put two
(2) names into a hat and the name drawn shall be the replacement for one (1)year.
V21TA-59
Section 11.4. Rehabilitation. In the event that the results of the urinalysis/blood alcohol test are
positive, the following shall apply:
a) At the discretion of the Fire Chief, the employee may be immediately relieved of duty
however, he shall first be allowed to utilize all of his/her accrued annual and sick leave, if
appropriate, and then shall be relieved without pay. The employee shall not be disciplined
until a positive test result is communicated to the City. However, if the employee's conduct
in connection with the alleged substance abuse amounts to conduct for which the City
might otherwise discipline the employee, the City may take disciplinary action prior to
knowing of a positive test result.
b) The employee shall, at his/her own cost, within seventy-two (72) hours of a positive test
notification (excluding weekends and holidays) enter into a substance abuse treatment
program approved by the City and the Union and remain in the program until the employee
has successfully completed the program, including any required aftercare. If the employee
fails to enter, participate in, and/or successfully complete any part of the rehabilitation
program, including any aftercare, he shall be terminated from his/her employment with the
City.
c) Employees cleared to return to work by the Substance Abuse Program Administrator shall
be subject to random urinalysis/breathalyzer test(s)for a period of two (2)years. The City
shall be limited to six (6) random urinalysis breathalyzer tests per twelve (12) month
period, beginning from the date the employee is cleared to return to work. Each employee
shall be entitled to one (1) chance for rehabilitation during their employment with the City.
Employees who test positive a second time under the provisions outlined in Section 11.2
of this Article or this Section shall be terminated from employment with the City.
V21TA-60
ARTICLE 12
COMPENSATORY TIME
Effective June 8,2016, employees shall no longer earn compensatory time.
V21TA-61
ARTICLE 13
NO PYRAMIDING
Compensation shall not be paid more than once for the same hours, with the exception of the
court time guarantee when the court time does not overlap entirely with the regular or overtime
shift. It is understood that this no pyramiding rule is not applicable to assignment or certification
payments.
V21TA-62
ARTICLE 14
SAVINGS
If any provision of this Agreement is subsequently declared by the proper legislative or judicial
authority to be unlawful, unenforceable, or not in accordance with applicable statutes or
ordinances all other provisions of this Agreement shall remain in full force and effect for the
duration of this Agreement. Upon issuance of such a decision or declaration which is not
appealed by either party, the parties shall, following a request by either party, negotiate in good
faith on a substitute article, section, or portion thereof.
V21TA-63
ARTICLE 15
WAIVER AND ENTIRE AGREEMENT
The Union acknowledges that during negotiations resulting in this Agreement, it had the right and
opportunity to make demands and proposals with respect to any and all subjects not removed by
law from the area of collective bargaining and that the complete understanding and agreements
arrived at by the parties after exercise of that right and opportunity are set forth in this Agreement.
Therefore, the Union waives the right, during the term of this Agreement, to bargain collectively
with respect to any subject or matter referred to or covered by this Agreement, and it particularly
waives the right to bargain over the City's exercise of any of its management's rights set forth in
Article 5 of this Agreement, e.g., changing work hour schedule, transferring employees, laying off
employees, etc. The parties intend that this Agreement shall constitute the sole source of their
rights and obligations from and to each other for its term either by specific provision or by silence.
If the Agreement does not prevent it, the City may take any action (or fail to take any action) it
desires and shall have no obligation to bargain with the Union concerning the taking, or not, of
the action; but may take unilateral action at the time it desires. The Union does not waive, and
shall retain its right, to bargain with the City over the impact of any action taken by the City not
set forth in this Agreement, but such impact bargaining shall not serve to delay management's
action until agreement or impasse is resolved concerning the impact at issue.
This Agreement may be amended by mutual agreement of the parties but any amendment must
be in writing and signed by duly authorized representatives of the parties before it will be effective.
V21TA-64
ARTICLE 16
TERM OF AGREEMENT
This Agreement shall be effective as of its ratification by both parties and shall remain in force
and effect until September 30, 2024. It shall be automatically renewed from year to year
thereafter, unless either party notifies the other in writing at least sixty (60) days prior to the
anniversary date that it desires to modify this Agreement. In the event that such notice is given,
negotiations shall begin no later than sixty(60)days prior to the anniversary date. This Agreement
shall remain in full force and effect during the period of negotiations, unless either party gives the
other party at least ten (10)days written notice of its desire to terminate this Agreement, provided
that such notice may not be given earlier than ten (10) days prior to the anniversary date.
V21TA-65
EXECUTED by the parties hereto on this L day of V erh\QCf 2022.
INTERNATIONAL ASSOCIATION CITY OF MIAMI BEACH, FLORIDA
OF FIRE FIGHTERS LOCAL 1510,
AFL-CIO-CL
— /1,
By: \ By r
Adonis Garcia Alina Hudak
IAFF President City Manager
By: ) 2.7.......Z.......„
Dan Gelber
Mayor
, L By:
Vir• lio Fernandez
Fire Chief
APPROVED AS TO
FORM & LANGUAGE
Approved by Vote of the City Commission &FOR EXECUTION
on the iti day of SC'? eMhi d , 2022 4'44lt.
City Attorney Date
ATTEST:
DEC 0 � Z022
PATRICK D. CAMMfor Date
flranado
City Clerk =`%\, ,1�� c:Y0''',
kI COR1ORATEQ'
,'' N;1-i..2.
V21TA-66
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
(IAFF) LOCAL 1510
ELECTION OF REMEDY FORM
Grievance No.
1. I/We elect to utilize the Grievance Procedure contained in the current
Contract between the City of Miami Beach, Florida, and the IAFF. In making this
election, I/we understand that selection of another forum, as defined by the IAFF
Contract, shall bar any consideration of the Grievance under the IAFF grievance
and arbitration Article.
2. I/We elect to utilize another forum, for my/our grievance, and in doing so, I/we
understand that this election shall bar any consideration of this matter under the
IAFF grievance and arbitration Article.
Signature Date
Subject of Grievance/Appeal:
V21 TA-67
HEARING EXAMINER RULES
SECTION 1: REQUEST FOR HEARING: Any officer or employee may appeal from such
disciplinary action within ten (1 0) days after the delivery or mailing to him/her of
such written notice, by filing a written request for a hearing to the Hearing Examiner
or his/her designee. If the tenth day falls on a Saturday or Sunday, he/she will have
the ability to file for an appeal on the following Monday.
SECTION 2: DISCIPLINARY HEARINGS:
(a) The City Manager's designee for Labor Relations no later than ten (10) days
after receipt of such appeal, shall fix a place and time for holding a public
hearing within a reasonable time thereafter. Written notice of such time and
place shall be delivered or mailed promptly to both the Appellant and the
Appointing Officer.
Only the Hearing Examiner may grant a continuance to either party for good
and sufficient cause. No continuance shall be granted to either party unless
such request for continuance is received in writing by the City Manager's
designee for Labor Relations at least ten (10) days prior to the date of said
scheduled hearing of appeal.
(b) The Hearing Examiner may, at the request of the Appointing Officer or the
Appellant, call or request any person or records for the purpose of
ascertaining the facts.
(c)The Appointing Officer or a representative designated by him/her shall have
the right to be present at such hearing and to be represented by the City
Attorney.
V21TA-68
d) The Appellant shall have the right to be present at such hearing and to be
represented by an attorney of his/her choice. Said attorney shall be an
attorney duly admitted and licensed to practice in the State of Florida. In
the event that the Appellant does not retain an attorney, said Appellant may
have an advisor of his/her choice present. Such advisor shall not have the
right to interrogate any witnesses or to enter objections to any testimony or
evidence presented to the Hearing Examiner, nor may such advisor speak
in the Appellant's behalf.
(e) The findings of the Hearing Examiner shall be based upon
competent substantial evidence of record
(f) The Appointing Officer shall have the burden of presenting
evidence to support the truth of the charges as contained in the
written notice.
(g) The Appellant shall have the right to present evidence to refute
the charges brought against him/her.
(h) The Appellant shall have the right to be confronted by his/her accuser, and
the Appellant and the Appointing Officer shall each have the right to cross
examine the witnesses of the other.
(i) After both the Appointing Officer and the Appellant shall have presented
their testimony and evidence, the Hearing Examiner shall receive argument
in summation. The Appointing Officer shall have both the opening and
closing argument.
Q) After the completion of closing oral argument, the Hearing Examiner shall
consider the testimony and evidence presented before the Hearing
Examiner to determine the truth or untruth of the charges.
(k) Within five[5)working days after the completion of the hearing,the Hearing
Examiner shall issue his or her findings as to the truth or untruth of the
V21TA-69
charges in writing. The City Manager's designee for Labor Relations shall
promptly deliver or mail a copy of such findings to the Appointing Officer
and to the Appellant.
(I) A copy of the written statement given the officer or employee, a copy of any
reply thereto, and a copy of the findings of the Hearing Examiner shall be
filed as a Public Record in the employee's personnel file.
V21TA-70
City of Miami Beach I % 1
Compensation Plan j
T I Salaries as of October 1,2021 ! I
Contract pay with rounding corrected to Munis Payroll system
I
I { Longevity 1=2.5%i 2=5.0%i 3=7.5% j 4=10.0% 1 5=11.0% I _ _
T7 years ! 10 years 15 years i 20 years j 25 years 1 ! -
Job Classification(Range)
i i I ! I 1
,
STEP F ; G ; H I
Fire Captain 1$118,386.84 1$124,306.52 1$130,521.30;
$ 4,553.34 1$ 4,781.02 I$ 5,020.05 I
80 hour shift i$ 56.92 I$ 59.76 $ 62.75 1
96 hour shift I$ 47.43 I$ 49.80 I$ 52.29 1 j T 1
1 i
I I I I I
STEP F 1 G 1 H
Fire Lieutenant i$102,207.04 I$107,382.34 $112,749.26 ! I
$ 3,931.04 I$ 4,130.09 1$ 4,336.51 ii ! 1
80 hour shift !$ 49.14;$ 51.63`:$ 54.21 1
96 hour shift j$ 40.95 j$ 43.02 I$ 45.17 1
I I
{
1 I
STEP I 1 I 2 1 3 I A I B C D ! E f F ! G H I
'Firefighter I$ 50,819.08 I$ 53,808.56 I$ 56,798.301$59,787.26 I$62,750.74 1$ 65,905.84:$ 69,315.22 I$ 72,723.82 I$ 76,385.92 I$ 80,109.90 I$ 84,151.86 I$ 88,359.18
$ 1,954.58;$ 2,069.56 1$ 2,184.55 1$ 2,299.511$ 2,413.49 I$ 2,534.84;$ 2,665.971$ 2,797.07;$ 2,937.92 I$ 3,081.15 1$ 3,236.61 I$ 3,398.43
.80 hour shift ;$ 24.43 I$ 25.87,$ 27.31 1$ 28.74 j$ 30.17 I$ 31.69 i$ 33.32 I$ 34.96 i$ 36.72 1$ 38.51 I$ 40.46 1$ 42.48
96 hour shift i$ 20.36 L$ 21.56 I$ 22.76;$ 23.95 I$ 25.141$ 26.40 i$ 27.77 I$ 29.14 I$ 30.60 I$ 32.10 i$ 33.71 I$ 35.40
City of Miami Beach ! j
Compensation Plan I I
_J j
Salaries as of October 1,2021
I I i Contract pay with rounding corrected to Munis Payroll system j -
-�
i Longevity 1=2.5%1 2=5.0% 1 3=7.5% 14=10.0% 5=11.0% y l I
7 years j 10 years ! 15 years 20 years 25 years
Job Classification(Range)
•
j r_
STEP A ! B C , D E F G H 1 1 K
I
;Fire Inspector '$ 51,380.94 1$ 53,949.74:$ 56,647.50 $59,479.94 $62,453.82 I$ 65,576.42 1$ 68,855.28,$ 72,298.20;$ 75,912.98 I$ 79,708.46'1$ 83,694.26 I
_ $ 1,976.19 $ 2,074.99;$ 2,178.75;$ 2,287.69 I$ 2,402.07!$ 2,522.17;$ 2,648.28 I$ 2,780.70'$ 2,919.73!$ 3,065.71;$ 3,219.01
180 hour shift '$ 24.70;$ 25.94 i$ 27.2333$$ 28.60 i$_30.03;$ 31.53 I$ 33.10 i$ 34.76 I$ 36.50 I$ 38.32 I$ 40.24 I
f i i I I I
STEP I A B C D E F 1 G I H I i 1 K
Fire Inspector 1 I
,Supervisor '$ 80,136.94 I$ 84,143.80,$ 88,350.86 I$92,768.78 $97,406.92;$102,277.24 i$107,391.44!$112,760.96;$118,398.80;$124,318.74'$130,534.82 I _
$ 3,082.19;$ 3,236.30 1$ 3,398.11 $ 3,568.03 1$ 3,746.42 I$ 3,933.74'$ 4,130.44 $ 4,336.96'$ 4,553.80 I$ 4,781.49 $ 5,020.57
;80 hour shift $ 38.53 1$ 40.45 1$ 42.48;$ 44.60 1$ 46.83;$ 49.17$ 51.63 iT$ 54.21 i$ 56.92 $ 59.77 i$ 62.761
V21TA-71
I I City of Miami Beach I 1
I I _ Compensation Plan I 1
,_ I i
April 1,2022 with 2%COLA ; ,
LLongevity 1=2.5%� 2=5.0% � 3=7.5% 4=10.0% 5=11.0°� � �-
F--7 years 10 years 15 years 20 years 25 years I I
Job Classification(Range) __ I
STEP F G H C j ,
Fire Captain $ 120,754.66$126,792.64 $ 133,131.70
$ 4,644.41 $ 4,876.64 $ 5,120.45 j I I
Bo hour shift $ _58.06 $ 60.96 $ 64.01 _I _ _ _ j
95 hour shift $ 48.38 $ 50.80 $ 53.34 1 I
1-
90 hour shift 1$ 51.60 $ 54.18 $ 56.89 r j -
{ I i I I {- f -.
STEP F G H
- - - -- --jr-
- -- -
Fire Lieutenant $ 104,251.16 $ 109,529.94 $ 115,004.24 1
I
I$ 4,009.66 $ 4,212.69 $ 4,423.24 f I __
B F 0 hour shift 1$ 50.12 $ 52.66 $ 55.29 - - , •
--r----- - - - - I- ----1
96 hour shift $ 41.77 $ 43.88 $ 46.08 I I L--- --1 L --
90 hour shift $ 44.55 $ 46.81 $ 49.15 I ( I I
STEP 1 2 3 f A j B C I D E F G H 1 I
-
Firefighter I$ 51,835.42 $ 54,884.70 $ 57,934.24 I$ 60,983.00 $ 64,005.76 I$ 67,224.04 I$ 70,701.54 $ 74,178.261$ 77,913.68 I$ 81,712.02 1$ 85,834.84 I$ 90,126.40
$ 1,993.67 $ 2,110.95 $ 2,228.24 rS 2,345.50 I$ 2,461.76 I$ 2,585.54 I$ 2,719.29 $ 2,853.01 $ 2,996.68 I$ 3,142.77 $ 3,301.34 I$ 3,466.40
80 hour shift $ 24.92 $ 26.39 $ 27.85 I$ 29.32 1$ 30.77 j$ 32.32 I$ 33.99 $ 35.66 $ 37.46 I$ 39.28 I$ 41.27 I$ 43.33
96 hour shift $ 20.77 $ 21.99 $ 23.21 I$ 24.43 $ 25.64:$ 26.93 $ 28.33 $ 29.72 $ 31.22 i$ 32.74 1$ 34.39 1$ 36.11
90 hour shift I$ 22.15 $ 23.46 $ 24.76 I$ 26.06$ 27.35 1$ 28.73 $ 30.21 $ 31.70 $ 33.30 I$ 34.92 I$ 36.68 I$ 38.52
*Contract charts are a representation of pay corresponding to a salary change in Munis,which will be applied with rounding to 4 significant digits. i ,
ICity of Miami Beach
I Compensation Plan
I I1 I
I 1 j April 1,2022 with 2%COLA I j
I I i
Longevity 1=2.5% 2=5.0% 3=7.5% j 4=10.0% 5=11.0%
I 7 years ! 10 years I 15 years j 20 years 25 years
i 1
Job Classcation(Range) -
STEP I A B C 1 D E 1 F G H I 1 1 ! K
Fire Inspector $ 52,408.46 $ 55,028.74 I$ 57,780.581$ 60,669.44 I$ 63,702.86;$ 66,887.85 I$ 70,232.50 $ 73,744.06 I$ 77,431.12 $ 81,302.52 I$ 85,368.14 L-
$ Z,015.71 I$ 2,116.49 I$ 1,222.33 I$ 2,333.44:$
2,450.11 I$ 2,572.61 I$ 2,701.25 $ 2,836.31 $ 2,978.12 $ 3,127.02 1$ 3,283.39
80 hour shift $ 25.20 $ 26.461$ 27.78 $ 29.17 $ 30.63 $ 32.16 1$ 33.77 $ 35.45 $ 37.23 $ 39.09 41.04'I -
i I i ,
STEP A I B C 1 D i E F I G H I J _ K
Fire Inspector j I I
Supervisor I$ 81,739.58 I$ 85,826.78 $ 90,117.82 L$ 94,624.14`$ 99,355.10 I$ 104,322.66 $ 109,539.30 $ 115,016.20 1$ 120,766.88 $ 126,805.12 I$ 133,145.48 I
_ r$ 3,143.83!I!$ 3,301.03 r$ 3,466.07 i$ 3,639.39,$ 3,821.35 $ 4,012.41 1$ 4,213.05 $ 4,423.70 I$ 4,644.88 $ 4,877.12 I$ 5,120.98 -
80 hour shift I$ 39.30 I$ 41.26 $ 43.33 i$ 45.491$ 47.77.$ 50.16 i$ 52.66 $ 55.30 $ 58.06 $ 60.96 $ 64.01 I
'Contract charts are a representation of pay corresponding to a salary change in Munis,which will be applied with rounding to 4 significant digits.
V21TA-72 -
I I City of Miami Beach I 1 !
Compensation Plan
1 April 1,2023 with 3%COLA
1 !I
1 Longevity 1=2.5%I 2=5.0% 3=7.5% 4=10.0% 5=11.0% I-- -
7 years 10 years -j 15 years ; 20 years 25 years i L
- - - -... L-
Job Classification(Range) I L
I ! 1
STEP F-.- G H I - --- - } -
!
Fire Captain L$ 124,377.24 $ 130,596.44 1$ 137,125.56 H I I I
I$ 4,783.74 $ 5,022.94 1$ 5,274.06 ! I-
80 hour shift $ 59.80 $ 62.791$ 65.93
90hourshift $ 53.15 1$ 55.81 I$ 58.60
1
1 -
STEP 1 F G-_ I H
Fire Lieutenant!$ 107,378.70 1$ 112,815.82 $ 118,454.44 1 I i I
t---
i$ 4,129.95 1$ 4,339.07 $ 4,555.94 I- ! j ( i
80 hour shift '$ 51.62 $ 54.24 j$ 56.95 ; •
90 hour shift 1$ 45.89 $ 48.21 $ 50.62 i
I ! 1
STEP I._._.._.__._1 �- 2 r 3 A I B l C i D ! E I F G I H
-II
Firefighter '$ 53,390.48 $ 56,531.28 1$ 59,672.34 $ 62,812.62 f$ 65,925.86 I$ 69,240.86,$ 72,822.62 1$ 76,403.60 $ 80,251.08 I$ 84,163.30 j$ 88,409.881$ 91,830.14
$ 2,053.48 $ 1,174.28�I$ 2,295.09!$ 2,415.87;$ 2,535.61 I$ 2,663.11 $ 2,800.871$ 2,938.60 1$ 3,086.58 I$ 3,237.05;$ 3,400.38!$ 3,570.39
80 hour shift $ 25.67 $ 27.18!> 28.69 $ 30.20 I$ 31.70 I$ 33.29 1$ 35.01 I$ 36.73 I$ 38.58 1$ 40.46;$ 42.501$ 44.63 '
90 hour shift i$ 22.82 $ 24.16 I$ 25.50 $ 26.84!$ 28.17 I$ 29.59 1$ 31.12 I$ 32.65 i$ 34.30!$ 35.971$ 37.78 1$ 39.67
- i ! i 1 - I I - - i
*Contract charts are a representation of pay corresponding to a salary change in Munis,which will be applied with rounding to 4 significant digits. I
! i I I
--- - _ City of Miami Beach I
-11 Compensation Plan !
I i
April 1,2023 with 3%COLA
I 1 i i
I I i
Longevity 1=2.5% 2=5.0% 13=7.5% 1 4=10.0% 5=11.0% I i 1
I 7 years 10 years 1 15 years i 20 years j 25 years j
I
- ; � L -' - - I -
Job Classification(Range) -j !
I
STEP i A B C D E F G H I
1 , K
Fire Inspector 1$ 53,980.68 j$ 56,679.48;$ 59,514.00 $ 61,489.44;$ 65,613.861$ 68,894.541$ 72,339.541$ 75,956.401$_ 79,753.961$ 83,741.58 I$ 87,929.14
I$ 2,076.18 $ 2,179.98 I$ 2,289.00 $ 2,403.44 j$ 2,523.611$ 2,649.791$ 2,782.291$ 2,921.40 I$ 3,067.46 j$ 3,220.83 j$ 3,381.89
80 hour shift j$ 25.95 $ 27.25 I$ 28.61 1$ 30.04 $ 31.55 $ 33.12'$ 34.781$ 36.521$ 38.34 I$ 40.26;$ 42.27
STEP I A B C D E i F G H 1 I J K
' I i I
Fire Inspector 1 I ,
Supervisor $ 84,191.64 $ 88,401.561$ 92,821.30 $ 97,462.82 1$ 102,335.74 $ 107,452.28 $ 112,825.441$ 118,466.66 $ 124,389.98 j$ 130,609.18 $ 137,139.8611
$ 3,238.14 $ 3,400.061$ 3,570.05 $ 3,748.57 $ 3,935.99 $ 4,132.78!$ 4,339.44 1$ 4,556.41 $ 4,784.23 $ 5,023.43 $ 5,274.61 1
80 hour shift $ 40.48 $ 42.50.$ . 44.63 $ 46.861$ 49.201$ 51.66 $ 54.24'$ 56.96 I$ 59.80 I$ 62.79!$ 65.93
I
I I I I , ! I
*Contract charts are a representation of pay corresponding to a salary change in Munis,which will be applied with rounding to 4 significant digits. ,
V21TA-73
_ City m Miami Beach
| � | Compensation mm | ------ �
7 years 1 10 years 15 years 20 years 25 years
Job Classiflication(Range)
Cont ract charts a re a representa tion of pay corres pond Ing to a sa lary change in Mun is,wh ich wi 11 b e applied wit h ro unding to 4 significant digits.
| ! mv��omuw� | !
�_Compensation Plan
mm i !
{ /
! — _April 1,a024with 3%oLA _
7 years 10 years 15 years 20 years 25 years
an-
Job Classification(R ge)
STEP 8
Fire Inspector
' ��/ � '� 67.91i
hour ' --- --' ' --' !
----- ' -- f --- �— ' , -------
*Contract charts are a representation of pay corresponding to a salary change in Munis,which will be appliedwith rounding mv significant digits. . i