94-21417 RESO
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RESOLUTION NO.
94-21417
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH APPROVING THE THREE-YEAR LABOR AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND THE FRATERNAL
ORDER OF POLICE, WILLIAM NICHOLS LODGE NO, 8, FOR THE PERIOD
OCTOBER 1, 1994, TO SEPTEMBER 30, 1997,
WHEREAS, the City Manager has submitted for consideration by the Mayor and City Commission
of the C~y of Miami Beach, a Labor Agreement by and between the City of MIami Beach and the Fraternal
Order of Police, William Nichols Lodge No.8, the bargaining agent certified by the Public Employees
Relations Commission for employees covered by said agreement; and
WHEREAS, such Labor Agreement for the three-year period of October 1, 1994, through
September 30, 1997, is attached herein as "Attachment A"; and
WHEREAS, the previous Labor Agreement was for a two-year period from October 1, 1992 to
September 30, 1994; and
WHEREAS, the C~y Manager has recommended that the C~y Commission approve said Labor
Agreement; and
WHEREAS, the C~y CommIssion is familiar with the terms of the Labor Agreement and finds and
determines that the entry into and the execution thereof for and in the name of the C~y of Miami Beach is
In the best interest of the City of MiamI Beach and its residents.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the aforesaid Labor Agreement between the City of Miami
Beach and the Fraternal Order of Police, William Nichols Lodge No, 8, be and Is hereby approved In
accordance wIth and subject to the provisions of Chapter 447, Part II, Florida Statute, in the name and on
behalf of the City of Miami Beach and that the financial offIcers of the City be and are hereby directed to
make the disbursements called for by said Agreement from funds of the City available for such purposes
and upon ratification by both parties.
PASSED and ADOPTED this 7th day of
ATTEST:
F~RM~ROVED: W
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RMC:lg
a:COMM-MEMOSI9'2
RES94FOP.CTR
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
9/L,-qi
CITY OF
MIAMI
BEACH
COMMISSION MEMORANDUM NO.
TO:
Mayor Seymour Gelber and
Members ofthe City Commission
DATE: December 7, 1994
FROM:
Roger M. Carlto
City Manager
SU8JECT:
Fraternal Order of Police (FOP) labor Contract/Approval and Implementa'ion of
Agreement Between the City of Miami Beach and FOP lodge No.8, for a Three (31
Year Period, from October 1, 1994, to September 30, 1997
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission approve and implement the attached Labor
Agreement negotiated with the FOP William Nichols Lodge No.8, for the three year period commencing on
October 1,1994, to September 30,1997, by taking the following action:
1) Adopt the attached resolution which approves the labor Agreement between the City of Miami
Beach and the FOP forthe period from October 1, 1994, through September 30,1997.
2) Adopt the attached ordinance on first reading, and schedule a public hearing and second
reading on December 21, 1994, which amends Ordinance No, 789 and provides for the
following:
a) a six percent (6%) salary increase for classifications In Group ItA and Group II.B,
effective retroactive to October 3, 1994;
a.l) increase the maximum of Tier B salary ranges to that of
Tier A salary ranges.
b) a five percent (5%) salary increase for classifications in Group ItA and Group II.B,
effective October 2, 1995;
c) a five percent (5%) salary Increase for classifications in Group ItA and Group II.B,
effective September 30 1996;
BACKGROUND:
The previous Agreement with the FOP covered a two year period from October 1, 1992, though September
3D, 1994. On Wednesday, November 16, 1994, the City and the FOP reached a tentative agreement on the
terms for a three year labor contract. On Wednesday, November 29, 1994, the membership of the FOP
completed the process of voting to ratify the Labor Agreement. The final vote was 219 for and 24 against.
continued...
AGENDA ITEM R -5. C.
DATE-/2- I-ql/
Commission Memo
Page 2
December 7,1994
PROPOSED AGREEMENT
The proposed ,Labor Agreement between the City of Miami Beach and the FOP was achieved alter eight
intense labor contract negotiation sessions. Although the parties negotiated in their own best interests, the
prime concern was to continue to work together to ensure a fair compensation package for employees whne
returning the City to financial health. The following is a summary of the major provisions and highlights of
the Agreement:
WAGES
1) Effective with the payroll date of October 3, 1994, there shall be an across-tha-board wage increase
of six percent (6%).
1A) The Tier B wage scale will be modified so that there will be three (3) additional
steps included at the top of the existing range, so as to ultimately provide those
employees who were hired under Tier B of the wage plan to be on the equivalent
Tier A pay scale in approximately ten (10) years. Further, an agreement was
reached that the City will have the option to hire Certified Police Officers and/or
experienced Police Officers from other jurisdictions above the entry rate. This will
allow us to be more competitive with other jurisdictions when recruiting at the
Police Officer level for officers who are State Certified with previous experience.
2) Effective with the payroll date of October 2, 1995, there shall be an across-the-board wage increase
of fIVe percent (5%).
3) Effective with the payroll date of September 30, 1996, there shall be an across-the-board wage
increase of five percent (5%).
The estimated cost for Fiscal Year 94/95 is $720,000.
POLICE PERSONNEL VEHICLE POLICY
Many municipalities that we compete with have a take-home vehicle policy. We were able to negotiate a
phased vehicle program during the second and third years of the contract, to the extent that funds are
available from the Police Confiscation Fund, The intent of the article is that the Administration will meet with
the FOP on or about October 1, 1995, to negotiate the final details with regard to the restrictions on the use
of such vehicles. It is anticipated that the process will take no longer than 90 days, and that final resolution
would then be subject to approval by the City Commission.
The City purchases vehicles based on State contract prices received in January of each year. If funds are
available in the Police Confiscation Fund, vehicles would be ordered within 60 days after the City's receipt
of the State of Florida contract bid prices. Those employees who are residents of the City of Miami Beach
would be a issued 24-hour vehicle first, then the vehicles would be assigned according to seniority. To the
extent that funds are available, it is anticipated that 50% of the eligible personnel would receive a 24-hour
vehicle in Fiscal Year 95/96 and the remaining 50% would receive a 24-hour vehicle In Fiscal Year 96/97.
It Is anticipated the distribution will be in March 1996 and March 1997.
continued...
Commission Memo
Page 3
December 7,1994
The Chief of Police partIcipated in these negotiations and is in concurrence with this program. As funds
become available in the Police Confiscation Fund, after satisfying all the current appropriations and
commitments as of November 16, 1994, additional funds would then be allocated on a 60%/40% ratio, with
60% of the total money being dedicated to the needs of the Police Department as determined by the Chief
of Police and approved by the City Manager and the City Commission. The remaining 40% will be allocated
for the purchase of vehicles for the 24-hour vehicle program.
The approximate $1,800,000 capital costs of the vehicles as outlined above will be provided solely from the
Police Confiscation Funds to the extent that funds are available. The anticipated General Fund costs would
be operational costs. There is no cost for Fiscal Year 94/95.
SICK LEAVE
After a review of the usage of sick leave, it is evident that not all employees are accustomed to conserving
their sick leave usage. In previous years, the practice for some employees has been to use the sick leave
as quickly as it is earned. In an attempt to reduce such sick leave abuse and Increase productivity, a sick
leave committee will be established comprised of union and management personnel.
The committee will analyze sick leave usage In the Police Department and then make the appropriate
recommendations to the Chief of Police on methods to reduce sick leave abuse. It is anticipated that this
plan, If successful, could have a 15% reduction in the use of sick leave, which result in increased
productivity by ensuring that more officers are on the streets with reduced overtime costs,
This contract provides a specific program for years 1995 and 1996 where employees will be encouraged
to, conserve their sick leave, and once they have a bank in excess of 300 hours, the employee has the
option to sell back their sick leave to the City in November of 1995 or 1996, up to a maximum of 500 hours.
Sick leave banks that accrue are like an "IOU", and assuming an employee earns 2,342 hours of sick leave
over approximately 24 years of employment, that time is paid off upon retirement or resignation at the rate
of pay of the employee when the employee leaves or retires. This program will encourage employees to
save their sick leave so that they will always have a base of 300 hours or more, and yet the employee who
judiciously saves sick leave, will have the option to sell some time back at the current rate of pay, should
the employee wish to do so. Buying back the time at their current rate of pay of the employee would be
a redemptIon of the IOU at the current rates rather than at the retirement rate when the pay rate per hour
would be substantially higher. We estimate this program to have a future cost savings of $300,000.
PROMOTIONS
The settlement makes substantial changes to the promotional policy to advance the diversity goals of the
City of Miami Beach. The previous promotion process for Lieutenants and Sergeants reflected only a minor
portion as an assessment test. The FOP and the City have agreed that for future promotional tests, there
will be a validated written test, which will serve as a screener test that the applicant must pass in order to
proceed to the assessment center, The written test will count 35% and the assessment center will account
for 65% of the total score. It is the belief of the Human Resources Director that, after consultation with the
Dade County Criminal Justice College. this system will have a positive impact on our ability for diversity
promotions. Further, the FOP has agreed that If we should be unsuccessful in the diversity promotions, then
the FOP and the City will sit down and re-evaluate the weights of the various components as outlined above.
The FOP has been responsive to our requests with regard to promotions and we expect that this new
process will accelerate the opportunities for diversity promotions.
cor\tinued'
CommissIon Memo
Page 4
December 7,1994
COSTS AND AVAILABLE RESOURCES
The total cost increase for Fiscal Year 94/95 is estimated at $720,000. A portion of the increase was
anticipated and provided in the current budget of the Police Department. It is expected that other
departmental savings would have provided the additional funding necessary to fund the contract increase;
however, due to the unbudgeted demands for police services by the Summit of the Americas, Super Bowl,
the City's BOth Birthday Party, and the Pavarotti concert, sufficient, expected savings will not be realized.
Should additional funding be required, the necessary budget amendment will be presented for City
Commission approval after the first quarter of Fiscal Year 94/95, as per City Commission policy.
CONCLUSION:
WhUe neither side of the bargaining process was able to achieve all their expectations, I believe the
agreement that was reached is within the City's financial abUity, and we have solved the concerns with
regard to recruitment competitiveness. The three year contract labor agreement also enhances our diversity
efforts in the promotional process.
I wish to take this opportunity to thank the City's representatives, as well as the FOP's bargaining team, and
particularly, Lynda Veski, FOP President. The bargaining sessions were, at times, very intense. However,
the parties were committed and were able to negotiate a mutual settlement, which not only supported the
City's goals for a more diverse and highly motivated workforce, but represented a continued commitment
by the FOP to working with this Commission and the Administration in our efforts to maintain the City's fiscal
health.
RMC:DRM:lg
Attachments
4..COMM-MEM0III92
FOI'>fC1lI.C1I
, "
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,
AGREEMENf
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
and
MIAMI BEACH FRATERNAL ORDER OF POLICE
Wll..LIAM NICHOLS WDGE NO.8
Period Covered
October I, 1994 through September 30, 1997
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TABLE OF CONTENTS
AGREEMENT & PREAMBLE ............................................... 1
Palle Number
ARTICLE I.
ARTICLE n.
Section 1.
Section 2.
Section 3.
RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
DEDUCTION OF DUES ................................... 3
Checkoff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Legal Services Trust Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Indemnification. ............................................ 4
ARTICLE m. GRmV ANCE PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
Section 1. Definition of Grievance and Time
Limit for Filing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
Section 2. Grievance Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
Step 1 .............................................. 5
Step 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
Step 3 ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
Section 3. Binding Arbitration .......................................... 6
Section 4. Authority of Arbitrator .., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 6
Section 5. Expenses of Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 7
Section 6. Processing Grievances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
Section 7. Disputes Involving Personnel Rules. ................................ 7
Section 8. Election of Remedies ......................................... 7
Section 9. Probationary Period .......................................... 8
Section 10. FOP Grievance Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
Section 11. Waiver of Time Limilationsor Steps ............................... 8
ARTICLE IV.
Section 1.
Section 2.
ARTICLE V.
NO STRIKE AND NO LOCKOUT . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
No Strike ................................................ 9
No I.Dckout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 10
ARTICLE VI. POLICE EQUIPMENT .................................... 11
Section 1. Equipment. ............................................... 11
ARTICLE VII.
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
HOURS OF WORK AND OVERTIME .......................... 12
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Normal Workweek . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . .. 12
Four-Day Workweek ......................................... 12
Weekly Overtime. ........................................... 12
Distribution of Overtime Opportunity ............................... 13
No Pyramiding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 13
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TABLE OF CONTENTS. continued
Pa.... Number
ARTICLE VIII. WAGES AND FRINGE BENEFITS ............................ 14
Section 1. Wages .................................................. 14
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Police Vehicle Policy ......................................... 14
Entry Level Pay 15
15
16
16
16
16
Merit and Longevity Increases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Shift Differential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vacation Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sick and Vacation Leave Accrual and
Payment on Termination .............................. 17
Section 10. Sick Leave Buy Back 17
Section 11. Sick Leave Review Committee 18
Section 12. Bereavement .............................................. 18
Section 13. Court Time Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 18
Section 14. Out-<lf-Classification Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
Section 15. Standby Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 16. Call-In Pay ............................................... 19
Section 17. Sunglasses and Prescription Glasses ................................ 19
Section 18. Field Training Officer ........................................ 20
Section 19. Injury Service Connected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 20. Special Assignment Allowance ................................... 20
Section 21. Extra Weapon ............................................. 21
Section 22. Pension ................................................. 21
ARTICLE IX.
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
ARTICLE X.
ARTICLE XI.
Section 1.
Section 2.
Section 3.
F.O.P. HEALTH TRUST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
.. ...................................................... 22
.............. ...... .... . ...... .........................22
.... ............. . ... ........ ...........................22
.. .... ......... .........................................22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
EDUCATIONAL LEA VB AND TUITION REFUND ................. 24
GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2S
Safety and Health ........................................... 2S
FOP Activity and Non-Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2S
Reduction In Work Force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2S
ii
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TABLE OF CONTENTS, continued
Paae Number
ARTICLE XI.
GENERAL PROVISIONS, continued
Section 4. Uniforms and Clothing Allowance ................................. 26
Section 5. Disclosure of Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 6. Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 7. Meeting Between Parties ....................................... 27
Section 8. Negotiating Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 9. Job Descriptions ............................................ 27
Section 10. Defense of Members ......................................... 27
Section 11. Personnel Rules and Departmental Manual. . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 12. Incorporation of Personnel Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 13. Medical Leave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
ARTICLE xn.
SEPARABILITY ........................................ 29
ARTICLE xm.
TIMEBANK ..........................................30
ARTICLE XIV.
DRUG TESTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
ARTICLE XV.
HEART DISEASE PRESUMPTION ............................ 33
ARTICLE XVI. PROMOTIONS ......................... . . . . . . . . . . . . . . . . 34
Section 1 ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Section 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Section 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Section 5. Seniority Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Section 6. Book Committee ................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Section 7. Examination Scoring. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Section 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Section 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
ARTICLE XVII.
Section 1
Section 2
F.O.P. PRESIDENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 37
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
ARTICLE xvrn.
LABOR/MANAGEMENT COMMITrEE . . . . . . . . . . . . . . . . . . . . . . . . . 38
ARTICLE XIX.
ENTIRE AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
ARTICLE XX.
TERMOFAGREEMENT ..................................40
EXECUTION
41
MEMORANDUM OF UNDERSTANDING
42
ill
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AGREEMENT
THIS AGREEMENT, made and entered into this 16th day of December, 1994, by and between
the CITY OF MIAMI BEACH, FLORIDA (herein called the 'City'), and the MIAMI BEACH FRATERNAL
ORDER OF POLICE, WILLIAM NICHOLS LODGE NO.8 (herein called the 'FOP').
PREAMBLE
WHEREAS, the FOP has been selected as the sole and exclusive bargaining representative by a majority
of employees in the certified bargaining unit set forth in Article I, and has been recognized by the City pursuant
to the laws of the Stale of Florida as the sole and exclusive bargaining representative for said employees; and
WHEREAS, it is the intention of the parties to this Agreement to provide in manner which is binding and
superior to ordinances and personnel rules of the City, for a salary schedule, fringe benefits, and conditions of
employment of the employees covered by this Agreement, and to provide for the continued and efficient operation
of the City's Police Department: and to provide for an orderly and prompt method of handling and processing
grievances; and
WHEREAS, the FOP and the City agree to seek and maintain high standards for the operation of the Police
Department;
NOW, THEREFORE, the parties agree as follows:
1
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ARTICLE I
RECOGNITION
The City recognizes the FOP as the sole and exclusive bargaining representative for the purpose of wages,
hours, and other terms and conditions of employment for employees in the following classifications in the Police
Department (hereafter 'employees'):
Trainees
Police Officers
Sergeants
Lieutenants
Detention Officers
All other employees in other existing classifications are specially excluded.
2
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ARTICLE n
DEDUCTION OF DUES
Section 1. Checkoff. Upon receipt of a lawfully executed written authorization from an employee which
is presented to the City by an official designated by the FOP in writing, the City agrees during the term of this
Agreement to deduct bi-weekly FOP dues of such employees from their pay and remit such deductions to the FOP
Treasurer within fourteen (14) calendar days however, such authorization is revocable at the employee's will upon
thirty (30) days' written notice to the City and the FOP. The City agrees to use diligence in making prompt
delivery of monies owed to the FOP. The charge for dues deductions shall be calculated by multiplying one average
run of checkoffs by four and multiplying the product by seven cents (7C). The City shall notify the FOP of the
amount owed no later than September 1 of each year. The FOP shall make payment to the City no Iater than
September 30 of each year. The FOP will notify the City in writing of the exact amount of such uniform
membership dues to be deducted. The FOP will notify the City thirty (30) days prior to any change in its dues
structure or if there are additions or deletions to the established checkoff list.
Section 2. Le2al Services TlUSt Fund. If the FOP establishes a Legal Services TlUSt Fund, upon receipt
of a lawfully executed written authorization from an employee which is presented to the City by an official
designated by the FOP in writing, the City agrees during the term of this Agreement to take bi-weekly deductions
from such employees from their pay and remit such deductions to the TlUStee within fourteen (14) calendar days;
however, such authorization is revocable at the employee's will upon thirty (30) days' written notice to the City and
the FOP. There will be no charge to the FOP for Legal Services TlUSt Fund deductions.
The FOP will notify the City in writing of the exact amount of such uniform Legal Services Trust Fund
deductions. The FOP will notify the City thirty (30) days prior to any change in the deduction structure or if there
are additions or deletions to the established Legal Services Trust Fund deduction structure.
3
Section 3. Indemnification. The FOP agrees to indemnify and to hold the City barmless against any and
all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken
by the City under the provisions of this Article; provided, that the City will not be indemnified or beld barmless
for any intentional tort. This indemnification is not intended to cover claims made by, or on behalf of the FOP.
4
ARTICLE m
GRIEVANCE PROCEDURE
Section 1. Definition of Grievance and Time Limit for Filinll. 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. No grievance shall be entertained or processed lIIlless it
is submitted within ten (10) workdays (excluding Saturday, Sunday, or holidays recognized by the City) after the
occurrence of the first event giving rise to the grievance or within ten (10) workdays after the employee, through
the use of reasonable diligence, should have obtained knowledge of the occurrence of the first event giving rise to
the grievance.
Section 2. Grievance Procedure. The FOP shall have the right to initiate and process grievances on its
own behalf or on behalf of named members of the bargaining unit. However, the FOP shall have the right in its
sole discretion not to process grievances on behalf of bargaining unit members who are not members of the FOP,
provided it notifies said employee of its decision not to proceed. Grievances shall be processed, individually, as
follows:
Step 1: The grievance shall be presented, in writing on the Grievance Form supplied by the City,
to the employee's unit or division commander or a designated representative, who shall
answer within five (5) workdays after such receipt. The employee will also provide the
FOP with a copy of said grievance.
Step 2: If the grievance is brought by the FOP on its own beha1f, or if the grievance is brought
on behalf of an individual(s) and is not settled in Step 1 and an appeal is desired, it shall
be referred in writing to the Chief or his designee. The Election of Remedy Form shall
be completed and signed by the FOP and/or the grievant, and attached to the Step 2
grievance. The Chief shall discuss the grievance within five (5) workdays with the
employee and the FOP grievance committee at a time designated by the Chief. If no
selllement is reached, the Chief shall give the City's written answer to the employee and
the FOP grievance committee within five (5) workdays following their meeting.
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Step 3: If the grievance is not settled in Step 2 and both the employee and FOP llrievance
committee desire to appeal, or if it is a class grievance filed by the FOP and alleast one
employee of the named class and FOP grievance committee desire to appeal, it sball be
appealed in writing to the City Manager or bis representative within ten (10) workdays
after the City's answer in Step 2. A meeting between the City Manager or bis
representative, the employee, and the FOP grievance committee shall be held at the time
designated by the City Manager within ten (10) worlcdays. If no settlement is reached,
the City Manager sball give City's written answer to the employee and the FOP grievance
committee within ten (10) worlcdays following the meeting.
Section 3. Bindinl! Arbitration. If lbe grievance is not resolved in Step 3 of the grievance procedure, the
FOP grievance committee, with the concurrence of the employee who filed the grievance, or if it is . class
grievance filed by the FOP, with the concurrence of at least one employee of the named class, or if it is a grievance
filed by the FOP on its own behalf, may refer the grievance to binding arbitration within five (5) worlcdays after
receipt of the City's answer in Step 3. The parties shall attempt to agree upon an arbitrator within ten (10)
worlcdays after receipt of notice of referral and in lbe event the parties are unable to agree upon an arbitrator within
said ten (10) worlcday period, the parties shall jointly request the Federal Mediation and Conciliation Service to
submit a panel of five (5) arbitrators. Both the City and the FOP shall have the right to strike two names. The
name remaining after the City strikes shall be lbe arbitrator. The arbitrator sball be notified of bis selection within
five (5) workdays by a joint letter from the City and the FOP requesting that he advise the parties of bis availability
for a hearing. The parties may select a permanent arbitrator in lieu of the selection procedure set forth in this
section.
Section 4. Authority of Arbitrator. The arbitrator shall have no right to amend, modify, ignore, add to,
or subtract from the provisions of this Agreement. He shall consider and decide only the specific issue submitted
to bim in writing by the City and the FOP, and shall have no authority to make a decision on any other issue nol
so submitted to bim. The arbitrator shall submit in writing his decision within thirty (30) days following the close
of the hearing or the submission of briefs by the parties, wbichever is later, provided that the parties may mutually
agree in writing to extend said limitation.
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The decision sball be based solely upon his interpretation of the meaning or application of the express terms of this
Agreement to the facts of the grievance presented. If the arbitrator acts in accordance with this Section, the decision
of the arbitrator shall be fina1 and binding.
Section S. Exoenses of Arbitration. The fee and expenses of the arbitrator and the cost of a written
transcript shall be divided equally between the City and the FOP; provided, however, each party sbaI1 be responsible
for compensating its own representatives or witnesses.
Section 6. Processinll Grievances. All grievance discussions and investigations sbaI1 take place in a
manner which does not interfere with the operation of the Police Department. Any time spent by the Grievance
Committee of the FOP in discussions or processing grievances at Step I, 2, or 3 during their working hours shall
not result in a loss of earnings or benefits.
Section 7. Disoutes Involvinll Personnel Rules. Notwithstanding anything in this collective bargaining
agreement to the contrary, no grievance claim, dispute, or matter which involves the application, interpretation, or
enforcement of Personnel Rules and/or Regulations, shall be the subject of a grievance under this collective
bargaining agreement; nor shall any dispute which has been commenced under this grievance procedure be further
processed under this Contract if it is brought to the Personnel Board or any subsidiary committee of such Board.
Section 8. Election of Remedies. The grievance procedure set forth in this collective bargaining agreement
shan not be utilized for any dispute, claim, or charge which is the subject, in whole or in part, of any matter
pending in any court, or before any board, commission, agency, council or other governmental body, regardless
of the manner in which the matter is brought to the other forom by either employee(s) or FOP. Selection of another
forum shall be deemed an exclusive election and bar any consideration of the matter under this collective bargaining
agreement.
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Any grievance which is processed under this contractual procedure and is sellled in favor of the City or
which is dismissed by an arbitrator shall not thereafter be appealed or referred to the Personnel Board, City
Commission, or any other governmental board, commission, or agency.
Section 9. Probationarv Period. Nothing herein shall in any way affect the discretion presently accorded
the Chief of Police with respect to employees in their probationary period following hire or in their probationary
period following promotion. It is specifically understood by the parties that the exercise of the Police Chiefs
discretion in this regard shall not in any way be subject to the grievance procedure set forth herein.
Section 10. FOP Grievance Committee. The FOP shall appoint a Grievance Committee ofoot more than
three (3) members, and shall notify in writing the Police Chief and the City Manager of the name or names of the
employee or employees serving on this committee and of any changes in the numbers of this committee. The
members of this committee may not conduct any investigation while on duty without receiving the permission of
the Police Chief, or in his absence, the duly authorized representative acting in his behalf; however, such permission
shall not be unreasonably withheld. Department clerical personnel will not be used by the grievance committee in
grievance matters. The grievance committee shall not unreasonably use other departmental resources for the
purpose of conducting grievance-related work.
Section II. Waiver of Time Limitations or Steps. The parties may mutually agree in writing to extend
any of the time limitations set forth above for the proCessing of grievances and may also waive any of the
intermediate steps of the grievance procedure in writing.
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ARTICLE IV
NO STRIKE AND NO LOCKOUT
Section 1. No Strike. The parties hereby recognize the provisions of Chapter 447, Florida Statutes, which
define strikes, prohibit strikes, and establish penalties in the case of . strike, and incorporate those statutory
provisions herein by reference.
Section 2. No Lockout. The City win not lockout any employees during the term of this Agreement u
. result of. labor dispute with the FOP.
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ARTICLE V
MANAGEMENT RIGHTS
It is recognized that except as stated herein, the City shall retain all rights and authority necessary for it
10 operate and direct the affairs of the City and the Police Department in all of its various aspects, including, but
not limited 10, the right 10 direct the work force; 10 plan, direct, and control all the operations and services of the
Police Department; 10 determine the methods, means, organizations, and personnel by which such operations and
services are 10 be conducted; 10 assign and transfer employees; 10 schedule the worlcing hours; 10 hire and promote;
10 demote, suspend, discipline or discharge for just cause, or relieve employees due 10 lack of work or for other
legitimate reasons; 10 make and enforce reasonable rules and regulations; 10 change or eliminate existing methods,
equipment, or facilities; provided, however, that the exercise of any of the above rights sball not conflict with any
of the expressed written provisions of this Agreement and that a grievance may be filed alleging such a conflict.
The City shall not employ more than thirty-eight (38) Reserve Police Officers. No Reserve Police Officers
will be authorized to perform off-<luty work as a police officer, unless reasonable efforts 10 fill an off duty job with
bargaining unit members fails. Any Reserve Police Officer who is called 10 work an off-<luty job will do it without
remuneration.
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ARTICLE VI
POLICE EOUlPMENT
Section I. Eauinment. The City agrees to continue the current policy of issuing equipment which includes
shirts, panls, shoes, leather, department-issued weapons, ammunition, handcuffs, night sticks, light and heavy
jackets, rain gear and traffic templates. Additionally, the City will supply an initial issue whistle to all patrol
officers. Replacement of whistles shall be at the officer's expense. To the extent that a flashlight is a required
article of equipment, the City shall provide it. The City will reimburse employ_ for the cost of replacement of
protective vesls up to a maximum of $450.00, when needed, provided there are sufficient forfeiture funds available
to do so. If the present law changes so that forfeiture funds cannot be used for purchase of vesls, this provision
shall be renegotiated.
Necessary ammunition will be issued to each employee every twelve (12) months to guarantee reliability
of the ammunition.
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ARTICLE vn
HOURS OF WORK AND OVERTIME
Section 1. Puroose. This Article is intended to define the normal hours of work and to provide the basis
for the calculation and payment of overtime. It shall not be construed as a guarantee of houtll of work per day or
per week, or of days of work per week.
Section 2. Normal Workweek. The normal workweek shall consist of forty (40) hours per week and such
additional time (subject to Section 4 and S below) as may from time to time be required in the judgment of the City
to serve the citizens of the City. The workweek shall begin with the employee's fitllt regular shift each week. All
houtll scheduled in the normal workday will be consecutive. An employee called in early in advance of his normal
shift starting time will not be sent home early on such day for the purpose of avoiding overtime unless such
employee is in agreement with the request to leave early; provided, however, that except as limited by Section 3
below, the City shall retain its right to establish and modify normal work schedules.
Section 3. Four-Dav Workweek. The City shall extend the present policy of a four (4) day workweek to
all employees in the bargaining unit except employees on light duty because of injuries or illness which are not
service connected. Employees who suffered a service-connected injury or illness and who are permitted to work
light duty may work up to 32 weeks, measured non-consecutively from the dale of injury, on light duty on a 4-10
schedule, or to receive ISC payments for 32 weeks, or a combination of both. Thereafter, the officer may be
assigned to work a 5-8's shift in a light duty assignment during the pendency of his/her light duty.
Section 4. Weeklv Overtime. For all houtll worked in excess of forty (40) houtll during an employee's
workweek, the City will psy the employee one and one-half (1-112) times the employee's straight time hourly rate
of pay.
The current policy for calculating hOUtll worked will remain in effect.
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Section S. Distribution of Overtime Oooortunitv.
A. Overtime is recognized as being of three (3) general types within the Police Department:
1. Overtime for work carried over from an employee's regular duty assignment (e.g.,
uniform officer on arrest; detectives' on-going investigations). 'Carry-over Overtime.'
'Carry-over Overtime' shall not be subject to equal distribution JUles.
2. Overtime due to staffing needs. . Staffing Overtime. .
3. Overtime for planned events or assignments. 'Special Event Overtime. .
'Special Event Overtime' shall be distributed on a rotating basis, as equally IS
practicably possible, among employees in the particular work unit (for 'Staffing Over-
time') or division (for 'Special Event Overtime") who are qualified to perform the par-
ticular overtime work, by departmental seniority.
Employees who are not in the particular work unit or division will not be assigned to
Staffing Overtime or Special Event Overtime unless reasonable attempts to assign
employees from within the work unit or division have failed.
B. Records for Staffing Overtime will be maintained at the Platoon or work section level.
Records for Special Event Overtime will be maintained at the Division level.
C. Pay for overtime work will be paid no later than the second pay period in the month following
the month in which the overtime is worked.
Section 6. No PvramidiDl!. Compensation shall not be paid more than once for the same hours.
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ARTICLE VIR
WAGES AND FRINGE BENEFITS
Section 1. ~.
Effective with the payroll date of October 3, 1994, there shall be an llCI'OSS-the-board wage increase of six
percent (6").
Effective with the payroll date of October 2, 1995, there shall be an llCI'OSS-the-board wage increase of five
percent (5").
Effective with the payroll date of September 30, 1996, there shall be an across-the-board wage
increase of five percent (5").
Section 2. Police Vehicle Policy.
In an effort to reduce the long-term costs to the City in maintenance, repairs and liability, a take-home
vehicle program will be implemented on a phased-in process to the extent that funds are available in compliance
with State and Federa1law from the Police Confiscated Fund.
Further, to the implementation of the take-home program, it is agreed that the parties will ~ beginning
on October I, 1995, to negotiate the details of the implementation of the program. This process will take no longer
than 90 days and will be presented to the City Commission for approval no later than the first City Commission
meeting of January 1996. Should it become necessary, either party may call upon the services of Federal Mediator,
James Elmore, to arbitrate the resolution of this process. If Commissioner Elmore is unable or unwilling to serve,
be shall select an arbitrator for the parties. The decision of the arbitrator sball be final and binding.
Purchase Orders for the purchase of the vehicles for the take-home program sball be issued within 60 days
after the receipt of the State of Florida contracted bid prices (estimated in January of each year). Priority for
allocation of take-home cars during FY 95/96 shall be all eligible personnel residing in the City of Miami Beach,
by departmental seniority.
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Thereafter, allocation shall be by departmental seniority as follows; 50 lli of the remaining eligible personnel
in FY 95/96 and the remaining 50lli of the eligible personnel during FY 96/97. The City agrees that its best efforts
will be made to make the FY 95/96 distribution of cars by March I, 1996, or as close as possible to that date. The
City's best effort will be made to make the FY 96/97 distribution of cars by March I, 1997.
It is agreed and understood that all appropriations and commitments by the Police Department as of
November 16, 1994, will have first priority for the expenditure of such Confiscated Funds. After funding bas been
allocated for such appropriations and commitments, excess funds will be allocated in a 60 lli /40 lli ratio with 60 lli
dedicated to the needs of the Police Department as determined by the Chief of Police and the remaining 40lli being
allocated for the purchase of the vehicles for the take-home program. Such allocations from the Police Confiscated
Fund for the take-home program shall be modified after all such initial purchases have been completed.
The monthly confiscated fund report shall be sent to the FOP President each month.
Section 3. Entry Level Pay.
Persons hired at the entry level will remain at the entry level pay step for the duration of their probationary
period, except that experienced or certified Police Officers can be hired into the bargaining unit at a higher pay step
than the first step of the Tier B pay scale, but not higher than Step D; however, no Police Officer will be hired at
a pay step which is higher than Miami Beach Police Officers with the same years of service.
Section 4. All new bargaining unit employees hired after AprilS, 1993, shall be paid on a base salary schedule
which is fifteen percent (15lli) lower than the schedule for current employees. Effective with the ratification of
this Agreement, Tier B of the wage plan shall be modified by adding three (3) steps at the end of the current Tier B
pay scale for the bargaining unit, to regain the 15 % reduction resulting from the implementation of the two-tier pay
plan. This provision will be re-negotiated if the City cannot fill its personnel needs or during negotiations for a
successor agreement, whichever occurs first.
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Section 5. Merit and Lon2evitv Increases. All merit and longevity increases shall become effective on the payroll
period commencing nearest the effective date.
Section 6. Shift Differential. At the time this Agreement was executed, the City maintained three standard shifts
of work to-wit: a first shift starting approximately 11:00 p.m.; a second shift (also ca1led "Day Shift") starting
approximately 7:00 a.m.; and a third shift (also called" Afternoon Shift') starting approximately 3:00 p.m. For
all work by the third shift performed after 3:00 p.m., a shift differential pay of thirty-two cents (32C) per hour sba11
be added to the employee's hourly rate; for all work by the first shift performed after 11:00 p.m., a shift differential
pay of fifty-two cents (52C) per hour shall be added to the employee's bourly rate.
If the City rearranges the shift scheduling or establishes any new shift, shift differential pay sba11 follow
the above formula based on the time period in which a majority of hours are worked by the employee. Thus, if
a majority of the non-standard shift hours are after 3:00 p.m., all the shift differential pay for all post 3:00 p.m.
hours shall be thirty-two cents (32C) per hour. If a majority of the non-standard hours are after 11:00 p.m., all the
shift differential pay for all post 11:00 p.m. hours shall be fifty-two cents (52C) per hour.
Section 7. Holidavs. Consistent with the City Commission holiday resolution and current department practices,
the holiday benefits presently enjoyed by the employees covered by this Agreement shall continue for the term of
this Agreement. Employees shall be paid double time for all hours worked on a holiday. Employees whose day
off falls on a holiday shall be given another day off if they work on that holiday.
Section 8. Vacation Benefits. Consistent with applicable ordinances, the vacation henefits presently enjoyed by
the employees covered by this Agreement shall continue for the term of this Agreement. After 1anuary I, 1975,
vacation days shall not accumulate from year to year, but rather must be taken in the vacation year granted;
provided, however, amounts accrued prior to 1anuary I, 1975 were not impaired by this change.
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In the event an employee is not allowed to take a vacation because of scheduling by the City, he will, at the option
of the City, either be paid in lieu of vacation time not used, or be allowed to accumulate into the next calendar year
pursuant to existing rules governing accumulation. However, in no event shall an employee be peoalized by losing
accumulated vacation time because he was unable to use it because of departmental needs. This section shall not
apply to sick leave accumulation.
Section 9. Sick and Vacation Leave Accrual and Pavment on Tennination. The present policy conceminll sick
leave, including the policy for payment of accrued sick and vacation time combined, up to a maximum of one year's
salary, upon termination, retirement, or death, shall continue for all employ_ hired before October I, 1978.
Effective October I, 1978, all new employ_ covered by this Agreement shall, under applicable ordinances, roles,
and regulations, be allowed no accumulation of vacation leave except in accordance with provisions for post-
ponement of vacation leave as set forth in Article vrn, Section 8, of this Agreement; be pennitted to transfer sick
leave in excess of 360 hours to vacation leave at the rate of two days' sick leave to one day vacation leave to be ,
used in the pay period year when transferred; be pennitted a maximum payment at time of termination, death, or
retirement of 360 hours' vacation leave and one half of sick leave to a maximum of 360 hours.
Section 10. Sick Leave Buv Back. In an effort to control sick leave usage and to encourage employ_to conserve
their sick leave, the following program will be adopted for 1995 and 1996:
Those employ_ with a current sick leave balance of three hundred (300) hours as of October I, 1995,
or October I, 1996, may process a City provided application to sell back to the City those sick leave hours in excess
of the three hundred (300) hour base rate. The hours to be sold back to the City cannot exceed five hundred (500)
hours in each calendar year.
Further, the buy back rate shall be at the current hourly rate of the employee at the time of the applicant's
application for payment.
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Payment requests will be processed in the months of October 1, 1995 through November IS, 1995, and
October I, 1996, through November IS, 1996. Payment shall be made in the first paycheck of December 1995 or
1996.
Section 11. Sick Leave Review Committee. Upon ratification of this Agreement, a sick leave review committee
shall be established. Two (2) members sha11 be appointed by the FOP President and the Human Resources Director
sha11 be the third member. Such committee shall meet every other month on the first Monday of the meeting month.
The committee shall review the sick leave usage of the department and shall make recommendations to the Chief
of Police on reducing sick leave abuse. A copy of the Committee's recommendation shall be sent to the City
Manager or his designee.
Section 12. Bereavement. When there is a death in the immediate family (mother, father, grandparents,
grandchildren, current spouse's parents, brother, sister, current spouse, children or stepchildren) of an employee,
he or she shall be allowed two (2) days off for each death for the purpose of making arrangements and/or attending
the funeral, without loss of pay and without charge to accrued sick leave or vacation days of said employee. In such
circumstances, additional time off may be granted at the discretion of the Chief of the Police Department, and sha11
be chargeable to the accrued sick or vacation leave of such employee. Requests for additional time off sha11 be sub-
mitted in writing to the Chief.
Section 13. Court Time Comoensation. For attendance at court during off-duty hours for pu~ related to
employment with the City, employees shall be provided with time and one-half pay for such time spent at court with
the following minimum hourly guarantees:
(a) During an employee's off-duty hours, a minimum of three (3) hours per day shall be guaranteed.
However, if the employee's first court appearance begins within one (1) hour of the start of
his/her shift or ends within one (1) hour after the end of his/her shift, a minimum of two (2) hours
per day shall be guaranteed.
(b) For the employee's second off-duty appearance in the same day, an additional two (2) hour
minimum shall apply after the expiration of three hours (or two hours if the initial two-hour mini-
mum was in effect).
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(c) For the employee's third off-duty appearance in the same day, an additiooal one (1) hour
minimum shall apply after the expiration of five hours (or four hours if the initial two-hour
minimum was in effect).
Section 14. Out-of-Classification Pav. When an employee is assigned by the shift commander to perform at the
level of a higher rank, he shall be paid for the duration of the assignment at an hourly rate of pay of one dollar
($1.00) higher than hislher regular rate; provided that this shall in no way constitute an obligation to assign an
employee to a higher classification under any circumstances and it is recognized that the City retains the right to
determine when and for how long an employee will be temporarily assigned to a higher classification.
Section IS. Standbv Pay. When an employee is placed on standby during off-duty hours by order of the shift
commander for the purpose of being available to return to duty to handle emergency crowd control or natural
disasters, he will be paid one-half (112) of his regular base rate for all standby time up to a maximum of eight (8)
full-time hours in a twenty-four (24) hour period starting with the time he is notified to stand by. Standby
remuneration shall cease at the earlier of sixteen (16) hours in a twenty-four (24) hour period or when the employee
is notified by order of the shift commander that the standby order is rescinded. Standby hours sha11 not be
considered as hours worked for purposes of overtime.
Section 16. Call-In Pay. An employee who is called in to work outside of his normal tour of duty will be paid a
minimum of two (2) hours' compensation at a rate of time and one-half the regular hourly rate, except when
contiguous to the employee's regular schedule.
Section 17. Sun2Jasses and PrescriDtion Glasses. The City agrees to reimburse employees for the purchase or
repair of sunglasses and prescription eyeglasses with a maximum allowable reimbursement of sixty ($60.00) dollars
per employee in a twelve (12) month period, when they are lost or damaged while the employee is engaged in active
police work such as arrests, pursuit, physical conflict or vehicular accidents.
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Section 18. Field Trainin2 Officer. When an employee who has completed the field training officer propam i.
assigned to on-duty training of a trainee or new police officer, the field training officer will receive an additional
$1.00 per hour for each hour(s) he is assigned to train.
Section 19. Iniurv Service Connected. For a period of thirty-two (32) weeks, the City agrees to compensate any
member of the bargaining unit with the difference between the weeldy disability workers' compensation benefit
received or which the employee is entitled to receive, and his or her regular rate of pay for any time lost from work
due to injuries sustained under the following circumstances:
I) While on duty and entitled to be paid by the City; or
2) While reasonably exercising police officer functions within the City limits of Miami Beach while
off duty; or while working a departmentally sanctioned off-duty job; or
3) While exercising police officer functions when there is a physical danger to a person and the
employee takes reasonable action off duty in Dade or Broward or Palm Beach County; or
4) When operating a City vehicle, being duly authorized to do so by the City; or while on a reason-
ably direct travel route to or from work and home in their private vehicle while within the City
limits.
5) In the circumstances described above (subparagraphs I through 4), the City agrees that it i. and
will consider itself the employer and the employee the City's employee.
After the advice and comments of the Police Chief and the FOP President, the City Manager, at his sole discretion,
may extend the above-described I.S.C. payments beyond thirty-two (32) weeks. This decision is not subject to
grievance or arbitration. The approvals for receipt of this compensation as presently required shall be continued.
Section 20. Soecial Assillllment Allowance. Employees assigned on a permanent hasis to motorcycles sha11 receive
a special assignment pay of five percent (5") in accordance with existing practice.
Employees assigned on a permanent basis to SW AT shall receive a special assignment pay of five percent
(5") upon review and approval by the City Manager. The Police Chief shall issue regulations dealing with such
special assignments, and the five percent (5 %) SW AT pay need not be paid in addition to the motorcycle premium
set forth above.
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Employ_ assigned to work a 5-8 shift shal1 receive a special assignment pay of two and one-baIf (2-1/2 %)
percent. Employ_ who are on 5-8 light duty because of non-service connected injury or illness shal1 not receive
the special assignment pay. Employ_ who are on 5-8 light duty because of service-connected i1\jury or illness,
where the City doctor approves a 4O-hour work schedule, and who have demoll8llaled the ability to work a 4O-bour
workweek, shall receive the special assignment pay for al1 hours worked on 5-8's. If the ISC light duty employee
takes off work and receives I.S.C. payments, the employee wil1 not receive the 2-1/2% special assignment pay for
time not worked.
Section 21. Extra Weaoon. Employ_ will be al10wed to carry a concealed, extra weapon while on duty, as
approved by the range master.
Section 22. Pension. Tbe pension benefits as they currently exist shal1 continue.
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ARTICLE IX
F.O.P. HEALTH TRUST
Section 1. The City shall contribute to the F.O.P. Health Trust ninety percent (90%) of its per employee
or family PPO payment it pays on account of its own Health Plan. The City shall also contribute to the Trust the
amount of premium it is paying for term life insurance for covered employees and covered retirees. In the event
there is a change in the law which increases the cost of the delivery of medical care provided by the Trust, Ibis
Article sha\1 be reopened at the request of the F.O.P. For the term of this Agreement, the City's contribution to
the F.O.P. Health Trust shaI1 not be decreased.
Section 2.
(a) All eligible employees described in Section 7 sha\1 enro\1 in the F .O.P. Health Trust Plan and sha11
thereafter not be a part of the City Plan.
(b) A non-bargaining unit sworn police officer who elects to enro\1 in the F.O.P. Health Plan may
apply to the Trust and will be enrolled upon leave of the Trustees, and thereafter will be deemed
to be a covered employee provided he or she meets the fo\1owing criteria:
(i) Must be on the City Police Department Payroll at the time of enro\1ment;
(ii) Must be an F.O.P. member for two years (or length of time in Department if less than
two years) prior to enr01lment, and must maintain membership throughout the period of
coverage;
(iii) Must meet insurability criteria satisfactory to Trustees; and
(iv) Must make the election within thirty (30) days after appointment out of the bargaining
unit.
Section 3. All covered employees and covered retirees shall be a1l0wed to continue under the City's Dental
Plan as it may exist.
Section 4. The City's Insurance Plan sha1l be responsible for the runoff of a\1 claims incurred prior to the
time the F.O.P. Health Trust Plan went into effect.
Section 5. The City sha1l be provided with a copy of the F.O.P. Health Trust Plan booklet and the Trust
Agreement, and any other information required by law and sha1l be apprised of any changes in the Trust Agreement
and/or Plan benefits.
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Additionally, a copy of the Trost's annual C.P.A. audit report shall be sent to the City Manaller and the Trost or
their designee shall in a reasonable time period answer reasonable inquiries conceminll the finances of the Trost.
Section 6. The F.O.P. shall indemnify and hold the City harmless against any claim, demand, suit, or
liability, and for all legal costs arising in relation to the implementation or administration of the F.D.P. Health
Insurance Trost and Plan, except if the City's acts or omission give rise to its own liability.
Section 7. Employees in the bargaininll unit eligible for inclusion in the Health Trost Plan must be
employed at least ninety (90) days and be on the City Police Department payroll.
23
ARTICLE X
EDUCATIONAL LEAVE AND TUITION REFUND
Subject to applicable Personnel Rules, an employee may request an educational leave of absence without
pay to take a course or courses in a field related to the work assignment of said employee. The City's tuition refund
program shall be continued for the term of this Agreement.
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ARTICLE XI
GENERAL PROVISIONS
Section I. Safety and Health. The City and the FOP shall cooperate in mattera of safety and health
affecting the employees covered by this Agreement.
Section 2. FOP Activity and Non-Discrimination. Neither the City nor the FOP shall discriminate against
any employee due to that employee's membership, non-membership participation, lack of participation, or activitiea
on bebalf of, or his refraining from activity on behalf of the FOP.
No employee covered by this Agreement shall be discriminated against because of race, creed, national
origin, religion, sex, sexual orientation, ethnic background or age in accordance with applicable State and Federal
laws. The FOP agrees to cooperate with the City in complying with Federal, State and local laws requiring
affirmative action to assure equal employment opportunity. The partiea will comply with the Americans with
Disabilitiea Act.
Section 3. Reduction In Work Force. When there is a reduction in the work force, employees will be laid
off in accordance with their length of time in grade service and their ability to perform the work available and
applicable veterans preference laws. When two or more employees bave equal ability, the employee with the least
amount of service will be the first one to be laid off. When the working force is increased after a layoff, employees
will be recalled in the order of seniority, with employees with greater seniority recalled first. Notice of recall shall
be sent to the employee at the last known address by registered mail or certified mail. If an employee fails to report
to work within thirty (30) days from date of receiving notice of recall, he shall be considered to have quit. No new
employee will be hired into the bargaining unit as long as any bargaining unit employee remains on lay-off status.
During the course of this Agreement, no employee will be laid off and no employee will be demoted
(except for disciplinary demotions).
2S
Section 4. Uniforms and ClothiDll Allowance. The City will continue its present policy concerning
uniforms and will provide uniformed personnel with a Fifty Dollar ($50.00) monthly maintenance allowance.
The City will provide Seventy Five Dollars ($75.00) monthly allowance for those sworn employees assigned
to worlc in civilian clothes.
When transferred into the Criminal Investigation Unit or other unit requiring civilian clothes, the City will
advance the employee, at his request, the sum of Three Hundred Seventy Five Dollars ($375.00) for the purchase
of clothing. The employee affected shall agree to relinquish the Seventy Five Dollar ($75.00) per month clothing
allowance for the following five months, and shall also agree to reimburse the City for any pro-rata amount in the
event of transfer, termination, resignation, or retirement prior to completion of five (5) months in the civilian clothes
assignment. If the reimbursement is caused by a transfer, the reimbursable amount shall be collected at the rate
of Seventy Five Dollars ($75.00) per month.
Section 5. Disclosure of Records. Employees will not have information contained within any of their files
disclosed to persons other than managerial and supervisory employees unless the person requesting such information
(including home telephone number, address, etc.) shall complete and sign a "Request for Information' form and
present proper identification. The request form shall have provision for the name, address, and telephone number
of the person requesting the information and the reason for the request. A copy of any such request form completed
sbaI1 be left in the employee's personnel file.
Section 6. Transfers. It shall be the sole right of the Chief of Police or his designee to transfer employees
of the Department. When a transfer is a change in an employee's unit assignment, reasonable advance notice as
is practicable under the circumstances shall be given. If a transfer is a permanent change in an employee's shift
or days off schedule, the employee shall be notified no less than five (5) workdays prior to the transfer in order that
the employee may arrange for an orderly change.
26
The five (5) day notice may be waived by the employee and it need not be given when unfo_ needs of the
Department or emergency conditions require that temporary changes be made with little or no advance notice.
Section 7. Meetin2 Between Parties. At the reasonable request of either party, the FOP President, or his
representative, and the City Manager, or his representative, shall meet at a mutually agreed upon time and place
to discuss matters that require immediate discussion.
Section 8. Ne2otiatin2 Sessions. Time and dales for negotiating sessions sha1\ be mutua11y aareecl upon.
Up to three (3) on duty FOP representatives sha1\ be permitted to attend negotiating sessions without loss of pay
or benefits if they were otherwise scheduled to work.
Section 9. Job Descrintions. It is understood by the parties that the duties enumerated in the job
description promulgated by the City are not always specifica1\y described and are to be construed liberally. The
City agrees to notify the FOP of any change in the job description of any classification in this bargaining unit.
Section 10. Defense of Members. In the event any action for civil damages is brought against a member
of the bargaining unit hereunder individually, and the City is not made a party to any such action, and if the
employee hereunder is found liable and a judgment for damages is rendered against him, the City will itself or
through insurance pay such damages and counsel fees for the employee providing the employee's liability results
from action of the employee arising out of and in the course of his employment hereunder, and further providing
that such judgment against the employee does not result from the wanton and wi1\fu1 action of the employee.
Section II. Personnel Rules and Departmental Manual. Copies of the Personnel Rules and Regulations
will be kept by Majors and Captains whose copies will be available to members of the bargaining unit upon request.
27
A copy of the manual of the Police Department is provided to all employees in the department and proposed
changes in said manual will be supplied to the President of the FOP or his designated representative before
implementation and an opportunity to discuss the changes will be afforded.
Section 12. Incorooration of Personnel Rules. Any personnel roles agreed upon hy the parties for
incotpOration in this collective hargaining agreement shall be set forth in an addendum to this Agreement.
Section 13. Medical Leave of Absence. After this Agreement is ratified, any employee requesting time
off without pay as a Medical Leave will be granted the time requested up to one (1) month, or longer at the Chief's
discretion. Employees may use any accumulated leave time or comp time during this leave.
28
ARTICLE XU
SEPARABR.ITY
If any provision of this Agreement or any application of this group of employees is held to be invalid of
law or by a court or other tribunal of competent such provision shall be inoperative, but all other provisions shall
not be affected thereby and shall continue in full force and effect.
29
ARTICLE xm
TIME BANK
A Time Bank shall be authorized by the City of Miami Beach, whereby members of the bargaining unit
may voluntarily donate accIUed annual leave and sick leave to an FOP Time Bank so that the President, or hia
designee(s), may draw from such Time Bank, thereby detaching said person(s) from the normal course of their City
assigned duties in order that they may be permitted to perform duties in keeping with the obligations of the FOP
to its membership. The Time Bank shall not be utilized for the purpose of attending collective bargaining sessions
between the FOP and the City of Miami Beach.
Time will be deposited into the Time Bank only after the contributor voluntarily signs an authorization card
detailing the type and amount of time to be donated. Th_ cards are to be forwarded on a quarterly basis to the
Chief of Police for his signature. The Chief of Police will then forward this material to the Personnel Director who
shall take appropriate action to implement the provisions of this section.
Time deposits shall be in hourly increments, with three (3) hours being the minimum amount accepted.
The President, in his own behalf or on behalf of his designee(s), shall fill out the appropriate form-to be
supplied by the city--for each employee authorized to draw from the Time Bank. Said form shall be submitted by
the President at least five (5) days in advance of anticipated use. This form shall also include the statement that:
Upon deduction of time by the City, the undersigned officer agrees to hold the
City harmless for any error or omissions in making said deduction or allocating
the deducted time to the time pool.
This request shall be reviewed by the Chief of Police, or his designee, and approved subject to the manning
requirements of the department. Such approval shall not be arbitrarily withheld. Such approval, once having been
authorized, may be rescinded subject to the manning requirements of the department.
30
Time donated to the Time Bank shall be converted to the salary dollar equivalent of the donor(s). and time
used shall be in salary dollar equivalents of the employee(s) using the pool time. Time donations shall not increase
in value. For purposes of computation. only base pay and longevity will be used. Time donated but not used will
not be retrievable and will remain in the Time Bank for 80 long as this provision is effective. In the event the Time
Bank is discontinued. the FOP shall be entitled to use the hours remaining pursuant to the provisions of this section.
Any injury received or any accident incurred by an employee whose time is being compensated by the FOP
Time Bank. shall not be considered a line-of-duty injury. nor shall such injury or accident be considered to have
been incurred in the course and scope of the employee(s) employment by the City of Miami Beach within the
meaning of Chapter 440, Florida Statutes, as amended.
The City reserves the right to rescind any provisions of this article which are found to be i1\egal. If any
provision of this section is found to be i1\egal, this section or any portion thereof, shall immediately be renegotiated.
31
ARTICLE XIV
DRUG TESTING
Upon reasonable belief, based upon objective factors, that an employee bas used an unlawful drug, the
Chief of Police or, in his absence, the Assistant Chief, may direct the employee to submit to a urinalysis for
detection of drugs. In the case of a drug test, the following conditions will be applicable:
(a) A split sample of the urine will be obtained so that two different laboratories to be
selected by prior agreement of the City and the FOP may test the urine if desired:
(b) If the employee claims that there is not a reasonable belief, based on objective factors,
that the employee bas used an unlawful drug, the urine will be frozen pending an
expedited arbitration held before whichever of the three pre-agreed upon local arbitrators
(to be selected by the City and the FOP) is first available on a rotating basis.
The sole issue before the arbitrator shall be whether there was reasonable belief to direct test as
set forth above.
(c) If the arbitrator finds there is not reasonable belief, the urine specimens shall not be
tested and shall be discarded.
(d) If the arbitrator finds there is reasonable belief, or if no challenge to the reasonable belief
basis has been made, then one urine specimen shall be tested by the laboratory selected
by the parties.
(e) All tests for an unlawful drug will be by an agreed upon gas chromatography/mass
spectrometry method, and the other specimen will be tested by the second agreed-to
laboratory, if the employee requests.
(f) In the case of either or both urine tests, the cutoff shall be the nanogram threshold which
shall be established by prior agreement between the parties in the Random Drug Testing
Agreement.
32
ARTICLE XV
HEART DISEASE PRESUMPrION
Any condition or impairment of health of any detention or sworn officer caused by heart disease resulting
in total or partial disability or death shall be presumed to have been accidental and to have been suffered in the line
of duty unless the contrary be shown by satisfactory evidence; provided. however. that such detention or sworn
officer shall have successfully passed a physical examination upon entering into such service as a detention or sworn
officer. which examination failed to reveal any evidence of heart disease. If at any time this Section is placed before
an arbitrator for interpretation or application. what is 'satisfactory evidence" shall be determined by the arbitrator.
If rights of detention or sworn officers are placed before the Bureau of Workers Compensation then what is
'satisfactory evidence' will be determined by the Bureau in accordance with Workers Compensation law.
33
ARTICLE XVI
PROMOTIONS
Section 1. Advancement to the ranks of Sergeant and Lieutenant shall be by examinations that measure
the knowledge, skills and ability of personnel and by seniority. A promotional test will be given every eighteen (18)
montha.
Section 2. Eligible applicants for the promotional examination for Sergeant and Lieutenant sball be given
a two-part test, consisting of a validated, written examination, which shall comprise thirty-five percent (35%) of
the fina1 test score, and an Assessment Center test for the second part of the testing process. The Assessment
levels shaU have a weight of sixty-five percent (65 %) of the total score. The written portion shaH be given fim
and applicants for Sergeant or Lieutenant positions must successfuHy pass the written test to be eligible, at a later
date, to take the Assessment Center portion of the test. Passing scores shall be set by the test consultant. If there
are not a significant number of minorities promoted after the next round of promotional testing after the effective
date of this Agreement, the parties will meet to review the respective weigbts and re-negotiate the Article, if
necessary .
Section 3. All police officers who on test date have four (4) years of seniority from date of hire shall be
allowed to take the Sergeant's test. All Sergeants who on test dale have one (1) year seniority from the date of
appointment as Sergeant shall be aHowed to take the Lieutenant's test. Applicants must, in both cases, apply on
or before the application cut-off date.
The Human Resources Director may refuse to permit an applicant to take the examination on the grounds
of conduct disgraceful to the Department and his officer status; or refused advancement from probationary status.
In the latter case, if at least three (3) years have elapsed since such failure of probationary advancement, such
candidate wiH be considered qualified.
34
Should any applicant, so disqualified for any of these alleged reasons, contest such disqualification, he sbaII
have access to the grievance procedure under this contract.
Section 4. The Human Resources Director shall cause to be developed validated tests which closely
measure the knowledge, skills and abilities of a Miami Beach Police Sergeant and a Miami Beach Lieutenant,
IUImin;,'ter such test, and prepare a promotional register, one for Sergeants and one for Lieutenants, containing the
names of persons who have passed the test ranked in the order of such test scores. Promotions sbaII be by rank
order.
Section 5. Seniority Points:
0.2 points shall be added to an employee's Sergeant's passing test score for each completed year of service,
to a maximum of 25 years.
0.25 points shall be added to an employee's Lieutenant's passing test score for each completed year in
grade as a Sergeant.
Section 6. Book Committee. A committee of five (5) incumbents selected by the Chief shall choose books
and test material upon which any up-<:oming promotional exam shall be based. Such selection or changes therein,
sbaII only be made after a representative of the FOP shall have a reasonable opportunity to meet and provide input
on the selection process.
The test material chosen shall be described and announced by the City to the FOP and its members at least
five (5) months before such exam.
Section 7. Examination ScOriDl!. Each employee's informal raw score shall be given upon request
immediately after the test paper is turned in by an "overlay' determination of score. if the scores are determined
that way. All challenges of questions must be made in writing to whoever made the test within 48 hours after
completion of the testing. Whoever made the test shall conclusively decide all challenges based upon standard
industry techniques. Formal test scores and a promotional register shall be posted promptly after the end of the
challenge period. A copy of an applicant's graded answer sheet shall be fumished upon completion of grading.
35
Section 8. Promotional lists shall expire one (1) year after the posting of the results of. promotional test,
or where lists have been combined, one (1) year after the date of the combining of the new with the old lists.
Section 9. In the event of same day promotions, seniority rank in the new position shall go in the order
of the officer's seniority in the Department. the oldest being first, etc., down the seniority list.
36
ARTICLE xvn
F.O.P. PRESIDENT
Section 1. The Miami Beach Fraternal Order of Police, Lodge No.8, Lodge President sbaIl be released
and detached from full time duties as a police officer while serving as Lodge President and sball be carried full-time
in a pay status to be shown on the payroll as "D.O." (Detacbed Duty). Tbe following conditioDS sball apply:
A. For the purpose of recording time, the Lodge President will notify the Support Services Division
Commander of all absences, including vacations, sick leave, meeting attendances, out of town
trips, etc. T he Lodge President shall be required to work a 4O-hour work week.
B. The Lodge President will be available at the FOP office currently located at Flamingo Park,
999-11th Street, Miami Beacb, Florida 33139, for consultation with the Police Department
Management or the City Administrators between normal working bours.
C. Should the Lodge President wish to change offices, (s)he will notify the Support Services Division
Commander, in writing, at least five (5) working days prior to the proposed change. Said notice
will include the address and the telephone number of the new office for the FOP Lodge President.
D. In the absence of the Lodge President, the Lodge President's designee may represent the Fratema1
Order of Police.
E. Tbe FOP will not send additional employees in a pay status to attend City Commission or
Personnel Board meetings without approval of the Police Chief or his designee.
F. Ail applicable Miami Beacb Police Department rules, regulations and order sball apply to the
person who is the President of the Lodge and on D.O.
Section 2. The Management of the Miami Beach Police Department or the City Administration, reserve
the right to rescind the provisions of this Article in the event that it is found to be illegal. Canceling the Article
sbaIl not preclude further discussions of any Lodge Presidents' release for Union business.
37
ARTICLE xvm
LABORIMANAGEMENT COMMI1TEE
A LaborlManagement Committee win be created to review and make recommendations to the City Manager
on the fonowing topics:
1. Hurricane Shelter for Police Offieen; on duty.
2. Physical wen being of Police Offieen; with specific attention to diminishing those conditions that
increase heart disease for Police Offieen;. Such concepts win include a wellness program,
smoking cessation program, life-style modification programs, stress reduction, and morale
improvement.
3. Operating cost reductions of the Police Department and recommendations on how actual savings
can be shared with current bargaining unit employees, the Police Department, and the City.
This LaborlManagement Committee win consist of two (2) members appointed by the Fraternal Order of
Police and two (2) members appointed by the City Manager.
The LaborlManagement Committee will elect a Chairperson at the first meeting and meeting minutes win
be kept for distribution to all Committee Members.
It is anticipated that priority win be given to the Hurricane Shelter issue so as to have the Committee's
recommendation to the City Manager by June 15, 1993.
38
ARTICLE XIX
ENTIRE AGREEMENT
The parties acknowledge that during the negotiations which resulted in this Agreement, each bad the
unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed
by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties
after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the FOP,
for the duration of this Agreement, except as provided in the Florida Statutes, or as specifically excepted by
provisions of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other
shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered in this
Agreement, or with respect to any subject or matter referred to, or with respect to any subject or matter not specifi-
cally referred to, or covered in this Agreement, even though such subject or matters may not have been within the
knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.
This Article shall not be construed to in any way limit or restrict the parties from negotiating, as provided in the
Florida Laws, or any succeeding agreement to take effect upon the termination of this Agreement or any succeeding
term of this Agreement.
39
ARTICLE XX
TERM OF AGREEMENT
This Agreement shall be effective as of the 1st day of October, 1994 and shall remain in full force and
effect until the 30th day of September, 1997.
It shall be automatical1y renewed from year to year thereafter unless either party shall notify the other in
writing at least thirty (30) days prior to the anniversary date that it desires to modify this Agreement. In the event
that such notice is given, negotiations shall begin promptly. This Agreement shall remain in full force and be
effective during the period of negotiations, unless either party gives the other party at least ten (10) days' written
notice of its desire to terminate this Agreement, provided that such notice may not be given earlier than ten (10)
days prior to the anniversary date.
40
.
.
.
EXECUTED by the parties hereto on this 16 day of Decembe, 1994.
MIAMI BEACH FRATERNAL ORDER
OF POUCE, LODGE NO.8
CITY OF MIAMI BEACH
BY:~~'
LY A VESKI, PRESIDENT
.,,~
ROGER ARLTON
CITY MANAGER
Approved by vote of the City Commission, December 7 1994.
Attest:
'PvlJ-l ~
City Clerk
Date: \ 1..-~ ~~
DRM:lg
.:F0P94CTR
F0P94.CTR
If
.....
41
MEMORANDUM OF UNDERSTANDING
The parties agree that this Memorandum of Understanding shall constitute an addendum to the collective
bargainin, ag~ment between the Miami Beach Fraternal Order of Police, William Nichols Lodge No. 8
(hereinafter "FOP") and the City of Miami Beach (hereinafter "City") being signed on this date. The parties agree:
1. A settlement of the case entitled JoseDh T. McCormick. et al:. v. Citv of Miami each. Florida.
Case No. 91-1941-CIV-MOORE, currently pending in the United States District Court for the Southern District of
Florida (Hereinafter "SWAT case"), will be attempted as soon as practicable by a committee representing the
Plaintiffs and a committee representing the City (including Roger Carlton).
2. The City paid to the FOP the sum of $2,500 representing attorneys' fees expended by the FOP
in the Promotions Grievance.
3. Three employees, Bernie Winer, Bill Williams, and Tevey Wolfe, and their successors in the same
position, are permitted to elect either a 4-10 or a 5-8 schedule of work.
4. The parties agree that the following language proposed by the FOP in Article III, Section 8, will
be deemed to be a part of the 1994-1997 collective bargainin, agreement for purposes of all other lawsuits except
the SWAT case, but the collective bargaining agreement will be formally changed to encompass this language only
after the resolution of the SW AT case by court decision or settlement.
Selection of another forum sbal1 be deemed an exclusive election of forum and
bar any consideration of the matter under this arbitration and grievance article.
It is understood that this change in the collective bargaining agreement and this paragraph-4 1 shall have
no bearing on the meaning of the current language in Article III, Section 8, or of the intention of the parties in
agreeing to that language, as that issue is currently pending before the court in the SWAT case.
5. The term "new bargaining unit hires" as used in Article VIII, Sections 3 and 19, will not be
deemed to include provisional police officers employed by the City at the signing of this collective bargaining
agreement.
By:
,
4 ,t;; f(/ft
CITY OF MIAMI BEACH,
FLORIDA
By: ~P/!IIaIi
MIAMI BEACH FRATERNAL ORDER
OF POllCE, LODGE NO.8
42