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Res No 146-11-13460RESOLUTION NO.: 146-11-13460 A Resolution of the Mayor and City Commission of the City Of South Miami, Florida, Approving and Authorizing The City Manager To Execute A Three Years (October 1, 2010 - September 30, 2013 ) Agreement Between The Miami -Dade County Police Benevolent Association Collective Bargaining Union (Police Officers And Sergeants) And The City Of South Miami; providing for an effective date. WHEREAS, the Mayor and City Commission of the City of South Miami seek to provide the highest levels of law enforcement protection and services for the citizens, residents, businesses and visitors of the City of South Miami; and WHEREAS, a Collective Bargaining Agreement with the Miami -Dade County Police Benevolent Association (PBA), representing (Police Officers and Sergeants) of South Miami Police Department, is an integral component of this effort; and WHEREAS, the City Administration and the PBA have successfully concluded negotiations on a new three year contract which achieves these objectives; and WHEREAS, the PBA has ratified the proposed contract. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I: The Mayor & City Commission approves the Collective Bargaining Agreement for Fiscal Years 2010 -2013 between the Miami -Dade County Police Benevolent Association and the City of South Miami, and authorizes the City Manager to execute the agreement. Section 2: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this 6th day of September 2011. ATTEST: 4C -- — APPROVED: Pg. 2 of Res. No WWI 146-11-1/3460 COMMISSION VOTE: W� �' _ Mayor Stoddard RNEY Vice Mayor Newman Commissioner Beasley Commissioner Harris Commissioner Palmer 5 -0 Yea Yea Yea Yea Yea Soor�x of �r F U • INCO ®PZ PF�iEO ��O R��p CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Via: Hector Mirabile, Ph.D., City Manager p/ From: LaTasha Nick le Human Resources Diirect' or 4 Date: September 6, 2011 South Miami p - AWft8WY I I li'F 201 Item No. Subject: Contract between the City of South Miami and Miami -Dade County Police Benevolent Association (Police Officers and Sergeants). A Resolution of the Mayor and City Commission of the City Of South Miami, Florida, Approving and Authorizing The City Manager To Execute A Three Year (October I, 2010 — September 30, 2013 ) Agreement Between The Miami -Dade County Police Benevolent Association Collective Bargaining Union (Police Officers And Sergeants) And The City Of South Miami; providing for an effective date. Request: To approve a three year agreement between the Miami -Dade County Police Benevolent Association (Police Officers and Sergeants) Collective Bargaining Union and the City of South Miami. Background:This agreement covers the Police Officers and Sergeants of the City of South Miami. A total of (37) officers and (4) sergeants make up the composition of the membership. The negotiation sessions were very productive and the parties were able to reach an Agreement on the terms and conditions of a three -year Collective Bargaining Agreement; effective October I, 2010 through September 30, 2013. The major highlights of the CBA are set forth below: Article 8 Shifts: Clarifications were made to the determination of seniority within rank and seniority within specialized units. Seniority continues to be a primary factor in the semi- annual bidding process for shift assignments and days off, among other issues within the Police Department. Article 4 Vehicles and Safety Equipment The City and the Association agreed that Take Home Vehicle usage and assignment will be governed by the Take Home Vehicle Policy. Each officer assigned a take home vehicle will be responsible for the cost of scheduled oil changes for the assigned vehicle as set forth in the Policy. Article 12 Grievance and Arbitration Procedure In instances where an employee grievance progresses to the Arbitration stage, the City and the Association agree that the parties will first attempt to select an arbitrator from qualified individuals known to the parties. In the event that the parties are unable to agree, the parties will request a qualified panel from the Federal Mediation and Conciliation Service (FMCS). The final selection shall be made by rank ordering the panel until the arbitrator is decided. Article 13 Holidays Employees covered by the Agreement will earn an additional Floating Holiday (For a total of 2) after the first full year of service. Additionally, covered employees who are required to work on the City's recognized holidays shall receive an additional eight (8) hours of pay or compensatory time at time and one -half their straight time rate of pay. Article 18 Extra Duty Police Employment All extra -duty assignments shall be governed by the Extra Duty Policy established by the Chief of Police. Extra Duty compensation is non - pensionable and is not subject to pension contribution deductions. Article 20 Hours of Work and Overtime The parties agree that only hours actually worked shall be counted toward the number of hours for purposes of calculating overtime. Officers will continue to be credited with three hours of actual work for call backs or off -duty court appearances. However, in the event that an officer is required to hold over for any reason within one hour of his regular shift, he or she shall be compensated for the actual number of hours worked. The maximum number of Compensatory Leave a covered employee may accrue is increased to 240 hours. Article 28 Compensation Employees covered by this Agreement shall receive a one (1) time bonus equivalent to 2% of their base salary in FY 2011 which will not be subject to pension final average calculation and/or contributions. Special risk pay is increased to $50 per hour. Covered employees shall be entitled to shift differential pay as follows: police officers $0:351 hour (afternoon shift) or $0.50/ hour (midnight shift); sergeants assigned to uniform patrol $0.45 (afternoon shift) or $0.60 (midnight shift). The shift differential pay is not tied to base for overtime and pension calculations. Covered employees shall receive $0.50 1hour incentive pay for assignment to the following specialized units: Motors, G.I.U., S.I.U., and K -9. This pay is not included in base pay for pension and overtime calculations. Article 33 Retirement Benefits Final. average compensation has been revised to mean the participant's annual compensation, average over the last best five (5) years of the participant's career with the best 5 -years as defined as best 5 -- 26 consecutive pay periods within a participant's career and such consecutive year periods shall not overlap one another, opposed to the current language which uses the participants final three years. Upon ratification of this Agreement, the maximum amount of overtime hours for pension calculations for anyone fiscal year shall not exceed 300 hours. The day following the ratification of this Agreement any accumulated time which is eligible for payout upon separation from employment with the City shall.remain eligible for pension calculations and subject to pension contributions upon payout. Any accumulated time that is eligible for payout after the ratification of this Agreement will be considered new accumulated time. Any and all new accumulated time, eligible for payout upon separation from employment with the City, shall not be eligible for pension calculation or subject to pension contributions Expense Backup Documentation: U Proposed resolution. G Letter from attorney confirming ratification. Ci Proposed Collective Bargaining Agreement Fiscal Years 2010 through 2013. Fiscal Year Article Description 2011 2012 2013 TOTAL 13 Holidays Floating Holiday 9,105 9,105 9,105 27,315 13 Holidays Holiday Pay (time & half) 5,717 5,717 5,717 17,151 28 Compensation 2% Bonus 48,621 0 0 48,621 28 Compensation Special Risk Pay 11,180 11,180 11,180 33,540 28 Compensation Shift Differential 11,024 11,024 11,024 33,072 28 Compensation Specialized Unit 10,400 10,400 10,400 31,200 Total cost of the Collection Bargaining Agreement over the three year period 190,899 Backup Documentation: U Proposed resolution. G Letter from attorney confirming ratification. Ci Proposed Collective Bargaining Agreement Fiscal Years 2010 through 2013. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miami. Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personalty appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flWa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR SEPTEMBER 6, 2011 In the XXXX Court, was published in said newspaper in the Issues of 08126/2011 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post . office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afifiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing '' ear publication in the said and subscribed before me this 26 day of AUGUST A.D. 2011 (SEAL) MARIA MESA personally known to me =s "s� � Notary Pub!" ale of %rida Cheryl H. 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F L a w� n - war c� �s S� spa Pia S O Bw"° C qo E me �c� EV .._n� Y m •?`ffi' o uT_ 0i ail 3 EE a_ u tE~� gip€ �$E S99'o$ E E pwna9 2 m >E: LE 8"1 �s S� spa Pia S AGREEMENT BETWEEN CITY OF SOUTH MIAMI om DADE COUNTY POLICE BENEVOLENT ASSOCIATION POLICE OFFICERS AND SERGEANTS OCTOBER 1, 2001 - SEPTEMBER 30, 2013 I PBA City Table of-Contents PRE .................. ....... 3 ARTICLE I. RECOGNITIQN ...........:r. 4 AUMLE11 14ON-RISCIUMINATIADN ... - ...... ....... ".., ...... ......... ...... 5 AM...... ................. ............. 6 A,Wr,jC-LJQ,-',4 AS$OCt L N'R'EPAESENTATIV($,- ..... 0 ARTICLE 5; SERVICUWTOTRE ARTICLU,O 0TXCIry� 12 ARTicLr(, 1-3 AOTICU44 Ago" 15 AR J,fG ARTICLI l! ARTL�LE' 18' ARTICM22 ARTCI E 23 AOTWM24' AOTPM"� ATxcE 0 ARTICLE 27, xMit"29, A 20 AROP" ARTICLYU, ART AR'T'ICLE 55 ARTICLE19 INTERNAL Ar,F',AtRgINV,E,STIV.A,T-IONAND OBLIGATION ................ ............. -, ........... 1., . - ..... Iii 13 VEHICLES ANU SAF E TV EQU�PM ENT. .......... 1,16 ftoMo*t6M..,.. ....... ..... 17 TRA ...... ..... .. IN 18 GRM"v, ROTT 'ANOtANUAR RATIONPROCEOURET- ................. -19 'HOUDAYS - ... .............. 22 Ack L'k'A'-,VU'I 23 ...... ....... FUNt AAL L PAY] ............ ....,.x ...... I-." Z5 ........................ ......... 26 VACATIQX, ..... ....... .... PROMUTTIONAGAINST RE- OPENING. OrTNE GOTIATION& ........ 42 UN............. .,,,,.,4-3 AIND WORIM Ow This Agft-edmentmi entered into 4y the City or-South Midiiii, Florida, heroiiiaftbf,,teferl�ed to: as; lie %bipl6y.o` or die "City" arid;tfie qadp Couixty. P66b&3oiievdfeot Assoofation, jvgoi retbrred to as-, juo IIA,5,spciopn",, fog tbo' puxpose of prpntpft, barragnipris,rOat,ions betwoew 14e, rin ipJoy er and the Association, to establish art 9K acid �rotGtpt procedure .frrr' ilia resci3trtion of gievanoes,'to insure' eanibuiaiiott of'nciiilriaX aotivWps- and 'dopatmeAtal .ppoxatloAs, 1-0 settle differjunccs WOTiolght Aso wi(f, to sot " ft. 'basic, and full agreement W%oeo the parties coWerniAg rates of payj w-agosi, lamp of,wont and all other qo,441#qp5, ,of mpiopipoL --k PAA ARTICLE 1 RECOGNITION The Employer hereby recognizes the Dade County Police Benevolent Association as the collective bargaining agent for all permanent full -time sworn police personnel of the rank of police officer, and police sergeant, including probationary employees, but excluding all other employees of the City of South Miami, including the Chief of Police, Assistant Chief, Police Captain, and Police Lieutenants. The parties hereto agree to jointly petition the Public Employees Relations Commission to clarify the bargaining unit by removing the reference to "Internal Affairs Sergeants" and by adding "Police Majors" to the list of excluded positions. i PBA ������✓� City ARTICLE 2 NON - DISCRIMINATION There shall be no discrimination, interference, restraint, or coercion by the Employer or the Association against any employee because of Association membership or non- membership, or because of race, creed, color, age, sex, religion, marital status, sexual orientation, disability and national origin. All references to employees in this Agreement designate both sexes and wherever the male gender is used it shall be construed to include male and female employees and vice versa. PBA `/� City ARTICLE 3 DUES CHECK -OFF 1. Any member of the Association, who has submitted a properly executed dues authorization card or written statement to the City Manager or their designee in accordance with a format prescribed or approved by the City may, by request in writing have their membership dues in the Association deducted from their wages. Dues shall be deducted each bi- weekly pay period, and shall, thereafter, be transmitted to the Association. However, the City shall have no responsibility or any liability for any monies once sent to the Association, nor shall the City have any responsibility or any liability for the improper deduction of dues. Further, the Association shall hold the City harmless for non - intentional errors in the administration of the dues deduction system. 2. It shall be the responsibility of dxe Association to notify the City Manager or their designee of any change in the amount of dues to be deducted at least thirty (30) days in advance of said change. Under no circumstances shall the City be required to deduct Association fines, penalties, or assessments from the wages of any member. 3. Any member of the Association may, on thirty (30) days written notice to the City and the Association, request the City to cease deducting dues from their wages. PSA City ARTICLE 4 ASSOCIATION REPRESENTATIVES I. Two members of the Association shall be allowed to attend bargaining sessions for the purpose of re-negotiating this Agreement without loss of pay, should the meeting take place while the member is on duty, if approved in advance by the Chief of Police. Should the member be off duty during a bargaining session, he shall not be entitled to any compensation. All bargaining sessions shall be set by mutual agreement between the parties. 2. The Association Representative shall be allowed to process grievances without loss of pay, should such processing take place while the Association Representative is on duty. There shall be a cap of one (1) hour total time which the Association Representative may spend on anyone grievance. It is understood and agreed, however, that the foregoing is subject to the manpower needs of the Department at all times. 3. The Association Representative shall be allowed to attend the Dade County PBA Board of Directors meeting once a month without loss of pay or leave time, should the meeting take place while the Association Representative is on duty. PBA City AR'T'ICLE 5 SERVICES TO THE ASSOCIATION 1. The City will furnish the Association a copy of the Police Department's Rules and Regulations, 2. The City will allow the Association and its representative's reasonable access to the City Commission Chambers for the conducting of Association business when such facility is not in normal use, upon (5) days written request therefore to the City Manager or their designee. 3. The City will provide a mailbox for each employee for use by the City and the Association to distribute mail and other communications. The aforesaid mailboxes may be used by the Association strictly for the purpose of transmitting material of an informational nature, and shall not be used for the purpose of communicating material tending to, directly or indirectly, disparage any elected or appointed official of the City. 4. Upon written request by the Association, the City will provide, oil a semi- annual basis, a complete roster of the bargaining unit, including name, rank, address, telephone number, social security number and current pay scale. f PBA :'�_ City ARTICLE 6 PERSONNEL RECORDS 1. Employees covered by this Agreement shall have the right to inspect their official personnel file and /or their closed Internal Affairs file during normal business hours and shall not be compensated should said inspection occur outside employee's regular duty hours. The employee shall have the right make duplicate copies of any items in their official files, upon payment of the usual charge thereof. 2. Employees covered by this Agreement shall receive copies of any disparaging items, which are placed in the employee's official personnel file. Employees covered by this Agreement shall also have the right to add written responses to any such disparaging items, which are placed in the employee's official personnel file. All written responses shall be sent to the Chief of Police via chain of command not more than ten business days following the day of receipt by the employee. Written responses shall strictly parallel the disparaging item(s) of concern. Any refusal to sign a document shall be documented on all copies by the issuing officer (i.e. "Employee Refused to Sign "); however, no retaliatory or disciplinary action shall be taken against any employee who refuses to sign a document. 3. To the extent permitted by law, all personnel records of the employees shall be kept confidential and shall not be released to any person except: authorized officials of the City, or in response to a subpoena from a court of competent jurisdiction, or upon written authorization from the employee. In this regard, the PBA recognizes the City's obligation to comply with Chapter 119, Florida Statutes. 4. At no time shall the news media be directly or indirectly furnished with the home address, telephone number or photograph of any employee or relatives without their express written consent. S. The City shall purge, non written request from the emnk) ee covered by this Attreenu,m,1 all records of counseling /coachin and oral warnings from the employees' personnel files after one (D -full Year service without receiving further related counseling or oral warnings gr as prescribed b); I=lorida State Statute. Title X_. Chapter 1:19 and Title XVIII. Chapter 257.36, which, ever is the t1reater period. Such documents shall be kept in a separate file. y -' PBA City AIZTII LE 7 INTEOTA1L AFFATits INVE AND 013LIC N`JC ON Tb TIIL+ ,I' BLIC The .parties recognize that the security of the City and its citizens depends to. a ,great ettent optizi the t»auaex hi wbieitthe etsspioyees covered hy°this rlgreomentpoffotns thou, vat•Ious duties' 'Fuxtber the patties xecogaize" that the; 'perfortnarice of such duties iiivolue "ltfose t xnployees in all. maruter of contacts a, &relati4ttships with the iasibl ?e and out of such contacts and relationships,: questi5ivs may prise or complaints tnay "bc- tstacic +. coneet wing .tho aotions of,employeal cowered by this Agreonwin. lnvestigatton of :'such;; guesti ans artd corttplaittts must rseoessarily he oortdudted by,, or under the dix'eeCiitrr ofa departmental supervisory offtciafs tiv}tpse primary corloetn must be dse wetwt3" of the pity and the presorvaticn°ofthcp,, c interest: l Izr order to" maintbi t dle security of the Oily and, protect the interests of its; aW"a40ns," flip parties agree drat fbe Katy tit st" hnvo the utrr cat r lot, xl "gl t to conduct investigations of,' citizens' eonip,1 its and"mattcrs of hge -rnal security,: pro -W e" iiovtiYevet, that: any ii vestigailue. interxogution of an ertipldyee cowered by this Agreexneut:tclativc. to a, eft zen's con pf"A anwot °matte cif internal security shall * co under ft following conditions A. The intorrogaiion shall, be conducted at a reasonable hour, preferably at a time when the enrtaloyee is -on dnty� untess 'the serioussuess 'of` the investigation is:u£sch aleg "roe that itiarietSidte action is x°cgitirecl. B. he " "erriployee undo ,htvestigation shall be rliformed of the nature o� the; xnvostigatl n prior" tQ arsy, 3ntel t °ogafion;;; and be shall be infor ed oS tbe!. nanxc of ali comOb antsz I known °to, the Depattment C. The employee undei` anvesti anon .sha11 w informed of flue xank? namea; and command of the offioor in ohavc of the" investigation;, tltt< In errogating officer .andd altpersons:presont:dtldag the intexrogation ,A l questions tlireeted ,p the-, employee iinder.investigation shall be asked by I7, t storrogatr sit sessioi s shah be for reasonable periods and shall be tixbed'tO allo�v%or'such test;lrt6:ds,as:areneeessary, �1i1 irltertogations will, M. at the headquarters? of the Sizuili Miami Police Departments igsofar as possible. E An employee. uncti "investigation. shall be unformed. of file tiglxt to bes t'eprescntod:hy eounsclor any othorxepresentativeoftheir Ch4iec wlto shall. be present; "at ail; tirrtes .during strob- rntcrrogatlans whenever tlto nterrog4 tiotr relate "to tlte' employ =ee °s tort €mixed fxtt�ess for laz enfarcetiterstseivices, F. Vise fern al xnten`ogata`ous of an employee, inch ing all recess periods, shall be t•eeorded and. there shill lie no unrecorded quostions or staic��ents: to ' Icity ��} .. city G. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogations, he shall be completely informed of all of his rights prior to the commencement of the interrogation. H. During interrogations covered hereunder, questions shall be limited to the circumstances surrounding the allegations, which are the subject of the investigation. I. An employee under investigation may obtain, upon request and at no cost, a copy of any written statement he has executed. J. The employee shall not be subjected to any offensive language, nor shall he be threatened with transfer, dismissal, or other disciplinary measures. No promise of reward shall be made as an inducement to answering questions. K. No employee may be compelled to testify before, or be questioned by any nongovernmental agency unless under proper court subpoena. L. The following procedure shall be followed with regard to the administration of polygraph examinations. If a citizen files a complaint against an employee or employees covered by this Agreement and signs an affidavit acknowledging that he./she will take a polygraph examination concerning said complaint, the City may request that the employee or employees in question also take a polygraph examination concerning the complaint. In the event an employee in question agrees to take a polygraph examination concerning the complaint, the City agrees not to administer the examination unless first successfully taken by the complainant. For the purpose of their paragraph, "successfully taken" shall be defined as the examiner's opinion that the complainant's polygraphs do not reflect reactions normally indicative of deception in their responses to the pertinent test questions. The City will not order or require any employee to submit to a polygraph examination or PSP test. M. The City agrees that no adverse action will be taken against any employee who exercises the rights provided for in this Article. N. An employee, who is criminally charged in any jurisdiction with a felony or a serious misdemeanor included but not limited to, DUI, lewd and lascivious conduct, indecent exposure or perjury may, upon review of the circumstances by the Chief of Police, be relieved of duty without pay or benefits. If exonerated, employee shall be compensated for back pay and benefits retroactive to the date the employee was relieved from duty. Any employee placed on leave without pay shall remain on the City's Employee Census but shall be responsible for the full cost of health insurance premiums, during the relief from duty period. O. Upon conclusion of an internal review investigation, employees, designated as subjects, shall be given a written disposition of said investigation. II PISA �� City P. Not sustained or unfounded letters of complaint from citizens will not be inserted into an officer's official personnel record. Q. The Charge of "conduct unbecoming" and all similarly vague charges will not be used by the City unless further substantiated by specific charges. R. Should disciplinary action result from an internal investigation, an employee may, at the option of the Chief of Police, be allowed to use vacation time to satisfy a suspension which is for five (5) days or less. S. The City shall make every effort to investigate, determine and complete Administrative Investigations (i.e. personnel complaints regarding rudeness) within 180 days of the complaint being filed. Failure to investigate, determine and complete such investigations within the above time limits shall prevent the City from taking disciplinary action against the bargaining unit employee against whom the complaint is made, Any continuances requested by the PISA or the employee shall extend the time limit accordingly. 12 PBA City ARTICLE 8 SI3ITTS 1. Seniority shall consist of continuous accumulated paid service by classification with the City. Seniority shall be computed from the date of appointment to the classification and shall accumulate during paid absences because of illness, injury, vacation, military or other authorized compensated leave. In the event bargaining unit employees have the same seniority by classification, seniority shall then be determined ii- th° "e'v; deseendin - order =- Bate -e - I` I- lrc=-- �iy- I�epai'tii�ext�nr,�ty- m- 1'�vy -` 45jy -raw .'ots as set forth in paragraph 5.c. below. 2. Non - probationary patrol officers and sergeants shall bid (semi - annually) for their choice of shin assignments and days off. Days off are not bid until shift assignments are set, including the Chiefs mandatory assignments if any. The determining factor in said bid process shall be each employee's seniority as defined in paragraph #1— above 5ic, below. In order to meet department operational needs,- the Chief may, at his discretion, make no more than two specific assignments to each shift (during the semi - annual bid process) beginning with the first shift change of 1999, in order to assure proper allocation of personnel resources. The Chiefs assignment of two officers is without regard to seniority and appealable only to the City Manager. 3. A seniority list by shift and. work assignment shall be established and shall be utilized when the department calls in for or holds over personnel, except in emergency or unusual situations. 4. Vacancies in specialized units shall be filled by permanent employees in all cases unless no permanent employee can demonstrate the experience or potential to properly function in such assignment. Should no permanent employee demonstrate said capacity, probationary employees may be considered. Assignment determinations shall be made by the Chief of Police based- on the recommendations of a selection panel appointed by the Chief and such assignment determinations are not grievable. 5. 'slag parties understand and gorge that Seniority for_ flue purposes _of_ lids Agreement, unless otherwise stated shall be determined within each rank for c lovees covered by this Agreement, AdditLionxrlly, the following shall be adhered. to for plunysgs pftleterminiAa _seniori as,follows: o.. Seniorit within _.8)erg&!n's__Rtink -_hL l be dgternihic ._l�� date of p.ronlotion to that rank. In case of ties the same -procedure outlined in m —rum t__drill be utilized. b. socialized unit, and such specialized unit seniority bas preference and precedence over 13 PBA City d_ep irl }Wentrl seuicnity lit caise,of "ties Ti the s�zme��x_ocedure i>at(ined iaxoac_Gj�ra��h 5,_c_ shall be utilized. e. De artrnerrtal &nioc _shall consist of continuous accumulated service within the Citv of South Miami ,Police _ I7q)grtrncrrt__DM>artmcfrtal Seatiority shall be commited. from the date of tak�in Y the Pohco Ofircer's 0­11 ­441, the Ci f South Mian1i. Whei_e two or more officers take Lhc oath ok satne,._d date the drawin r cf_lots shall determine which officer is senior. G. In the event of a layoff for any reason, employees shall be laid off in the inverse order of their seniority in their classification. Any employee to be laid off who has advanced to their present classification from a lower classification in which he held a permanent appointment, shall be given a position in a lower classification in the same Department. Their seniority in the lower classification shall be established according to the date of their permanent appointment to the classification. Employees shall be called back fiorn layoffs according to the seniority in the classification from which the employee was laid off. No new employee shall be hired in any classification until all employees on lay -off status in that classification have had an opportunity to return to work (for which he /she is qualified). Written notice of recall shall be sent by certified mail to the employee's last known address, as long as the employee is still qualified to be an officer. Recalled employees shall notify the Employer if they desire to return to work within ten (10) days of receipt of recall notice, and must return to work within twenty -one (21) days from receipt of recall notice. An employee will be kept on the callback list for two (2) years. 7. Upon application to the Chief of Police, employees may exchange shifts, provided that a) The shift exchange is between employees of like rank and experience. b) The shift exchange is requested in writing at least five (5) days in advance by both employees involved in the exchange. 8. When a vacancy occurs on a patrol shift, the entire shift shall re -bid days off no later than two weeks after the vacancy has been filled, This provision shall apply only to the shift on which the vacancy occurs and not to any other shifts. The re- bidding provisions also do not apply should the Chief of Police approve an exchange of shifts as provided for in Section 5 of this Article and shall not apply if the vacancy is filled within one (1) month of the next shift /days off picked. 9. The Chief retains the right to transfer employees from shift to shift to meet arising operational needs. After a transfer between shifts, days off will be re -bid if the new assignee is junior to others on that shift. Shift transfers are appealable via the chain of command to the Chief of Police. Denial of a shift transfer appeal shall be given in writing with the specific departmental needs identified. Bargaining unit employees may exercise an appeal to the City Manager within five days, in writing, identifying their concerns. 14 c PBA City tO, The City, Mnager will rpv$eNy, Oie pipployoes(s) compern( - s) and, will render a flmd det isiirn which is i�oi gtid�,abk� 111ejy" g&,tibli s 1, iiot' i�'x'cliide, or hinder a b4rgahiihg, unit wiploiyea from utilizing Section 6,,A, 1 ,-ofllils-4rriole, 11,, 'EMptive October Tst :2005, Pile DePa.litineilt AW riot modify, al*r, a4j'u# or otherwvsi,� Aan-ge, aaieinplfollymdls -Aiftt "In, Wer t6Avb!atbj&,t)#Mbrit of oVdkdin6 fdfllib prir mffiogth& Olowjug:p"Idtirfed OiWspd" ev&ft : SO a Elves ' paxada Tour tl , 0- f July' Safe streets T�11av�reezt FS City, ARTICLE 9 VEHICLES AND SAFETY EQUIPMENT 1. The City will make a good -faith effort to maintain police vehicles and safety equipment in proper working order. Police vehicles operated by the City shall comply with the standards and requirements of applicable Florida State Statutes governing motor vehicle safety equipment. Employees will as soon as possible report any broken and /or malfunctioning equipment to their supervisor. Employees shall keep the vehicles cleaned and fueled. It is the responsibility of officers with assigned Take -Home Vehicles to promptly deliver their vehicle to the Motor Pool when repairs are necessary for scheduled preventative maintenance. 2. The City shall, insofar as possible, equip its marked patrol vehicles with the appropriate light bar (including take -down and alley lights), siren, two -way mobile radio, first -aid kit, emergency road flares, yellow crime scene tape and fire extinguishers. 3. The City shall furnish riot helmets, riot shields (if appl and gas masks individually to and sergeants. The Citv shall furnish one flashlight and firearm of the design a) roved, by the Police Chief to each sworn law enforcement officer covered under this Agreement. TtLt Cij, shall furnish each sworn law enforcement officer covered under this A -cement 1 ith the app o riate amount of amnnuntion for the authottied anal ixssue (,ity 17rearin. 4. Employees agree to be bound by and abide by the Revised Take Home /Assigned Vehicle Policy as revised 1) the Cliiefaf. Police in office at the tine of ratification. The City shall provide the Association with two (2) weeks advance notice of any modifications to the aforesaid Revised Take -Home Vehicle Policy which become effective after the Ratification of this Agreement. 5_tJpon ratification. of this Agreement sworn law_eniforeenagLA officers covered imdur this Agreement shall be re ?onsi.l7le and 12U for t�claaliYe of motor oil and Lift er of their bus Lsi yugd_take home vehicle as recommended by the manufacturer. The change oP motor oil -and Tltea_sliatl be. done b�aih establislunent havh�ft �1SL, csttified tneclxatnic_ 1:he of the motor oil change and the name address and contact information of the three yearss and must make it available _u o� n. rec i st by tlde hgl.icc chief ar his desi nee, 16 PBA - City ARTICLE 10 PROMOTIONS 1. Whenever a budgeted promotional vacancy exists in a police sergeant classification, the City shall fill such vacancy within thirty (30) days from an existing eligibility list, if a valid eligibility list is in existence. A promotional eligibility list will expire two years from the date of the examination which led to its creation. 2. Promotional examinations shall be validated in accordance with validation standards aid techniques as established by the Chief of Police. Criteria to be used by the Chief of Police for promotions shall be promulgated and distributed to the bargaining unit at least forty -five (45) days prior to any examination. 3. The City will list the areas which the examinations will cover and the sources from which the examination is drawn. 4. The probationary period of employees promoted to sergeant shall be one (1) year. Such employees shall have no right to utilize the procedures of the Personnel Board, nor have any other right of review or appeal, concerning demotion. S. Employees shall be eligible to take a promotional examination after three continuous years of service as a police officer in the South Miami Police Department. G. The Chief of Police will have authority to promote any of the three top ranked candidates on the eligibility list. 17 PISA City ARTICLE 11 TRAINING 1. Employees who are required to attend oft -duty weapons training will be compensated at the rate of time and one -half their regular straight -time rate. However, an employee who has not actually worked a forty (40) hour workweek will be compensated for their attendance at off-duty weapons training at their regular straight -time rate. Con2niLneing at ratification of 'tbi.s Agreement the Citiy_ will provide midni 'ht shit't raw cnforcennent officer covered by Cliis /A rcemcmt ad�r�inistrrrtiv_e_leavel:or the last ic�ui (4)_ hoiu_s of regular dutaL Sf the lrainiir is a proved try. f;he_Chicf of,police.ancl the twining.-is within tour 41 hours of` their end of tour of duty,. Z. The City will provide each employee a copy of training bulletins. Additionally, the City will promptly post in a prominent place, City training bulletins as well as approved training advertisements. 3. The City agrees to pay for any course at the Southeast Florida Institute of Criminal Justice (located at Miami -Dade North Community College) which employees are required to attend. The City agrees to provide at least forty (40) hours of training every four years to meet Florida statutory certification requirements. The City may provide additional training in its discretion. 4. Employees who are required by the City to attend off duty training shall be compensated at the rate of time and one -half of regular straight -time rates. The City shall have the right to change or alter work schedules in order to avoid overtime when scheduling training. Insofar as possible, the City shall give forty -eight (48) hours notice to employees of such off-duty training. However, individual employees may waive such notice. 5. The City shall attempt to provide weapons training for all employees, but in no event will such training be less than once annually. Their training is in addition to the training provided under paragraph 11.3. Upon qualification and a demonstration of proficiency, employees shall be permitted to carry, on duty, semiautomatic weapons which have been approved by the Department and in accordance with Article 30. The department will make every reasonable effort to facilitate the employee attending the firearm range during their normal working hours. In the event the department is unable to schedule the employee to attend the firing range during their normal working hours, the employee may be required to attend the firing range during their off =duty hours; provided, however, that the actual time spent by the employee in acquiring such training during their off -duty hours shall be compensated in accordance with the hours and overtime provisions contained herein. The City agrees to provide ammunition for firearms training. 6. Insofar as possible, the City agrees to continue its present training programs for the duration of this Agreement. 18 <..,a . P13A �7�1� City ARTICLE 12 GRIEVANCE AND ARBITRATION PROCEDURE 1. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties. For the purpose of their Article, a grievance is defined as, and limited to, any dispute, difference or controversy involving the interpretation and application of this Agreement. 2. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of their Article, their grievance shall be considered conclusively abandoned. Any grievance not answered by management within the prescribed time limits shall automatically advance to the next higher step. 3. Grievances shall be presented in the following manner: STEP l: The employee shall first take up their grievance with the Immediate M)eryisor within seven (7) calendar days of the occurrence of the event(s) which gave rise to the grievance, or within seven (7) calendar days after the employee's return to work from authorized leave, as the case may be. Their first step (between the employee and their immediate supervisor) shall be on an informal and oral basis and shall not involve the Association or any other representative of the employee; STEP 2: Any grievance which cannot be satisfactorily settled with the Immediate Supervisor shall be reduced to writing by the employee and shall next be taken to the supervisor above the Immediate Supervisor. Such grievance shall be presented to their supervisor in writing within seven (7) calendar days of the deadline date for completion of Step 1. The supervisor shall, within ten (10) calendar days after presentation of the grievance (or such longer period of time as is mutually agreed upon), render their decision on the grievance in writing; STEP 3: Any grievance which cannot be satisfactorily settled with the previous supervisor shall next be taken up with the Chief of Police, or their designee, either through a representative of the Association and the employee, or by the employee himself at the employee's option. The grievance as specified in writing in Step 2 shall be discussed by and between the employee (or the representative of the Association and the employee) and the Chief of Police or their designee, within seven (7) calendar days after the completion of Step 2: The Chief of Police, or their designee, shall within ten (10) calendar days after their discussion (or such longer period of time as is mutually agreed upon), render their decision in writing, with a copy to the Association; STEP 4: In the event the employee is not satisfied with the disposition of the grievance in Step 3, he shall have the right to appeal the Chief of Police's decision to the 19 PISA /� City City Manager or their designee within seven (7) calendar days of the date of issuance of the Chief of Police's decision. Such appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the employee, or, at the employee's option, the representative of the Association, requesting that the Chief of Police's decision be reversed or modified. The City Manager shall, within ten (10) working days of the appeal (or some longer period of time as is mutually agreed upon) render their decision in writing with a copy to the Association. 4. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee, or if the grievance is directly between the Association and the Department or the City, such grievance shall be presented in writing directly to the Chief of Police within ten (10) calendar days of the occurrence of the event(s) which gave rise to the grievance. The grievance shall be signed by the aggrieved employees or the president or the representative of the Association. Thereafter, the grievance shall be processed in accordance with the procedures set forth in Step 3 and Step 4. 5. Where a grievance involves discharge, suspension or demotion invoked by the City, such grievance shall be filed at Step 4 within ten (10) calendar days from the date the employee receives the discipline notice. Coaching, Counseling, and Written Reprimands shall be filed at the appropriate initiation level; however, Coaching and Counseling shall only be grievabce through Step 3 of the Grievance Procedure. Satisfactory. eLaivations are not grievance; however, tine eminlowce niay fi>rward leis ar her comments re ag itdiin�an evaluation through the chain of command prior to the Reveiwer's fmaliza.tion of the evaluation. The probationary period of newly hired employees shall be one (1) year. G. In the event a grievance processed through the grievance procedure has not been resolved at Step 4 above, either party may request that the grievance be submitted to arbitration within fifteen (15) calendar days after the City Manager, or their designee, renders a written decision on the grievance. The arbitrator may be any impartial person mutually agreed upon by and between the parties. However, in the event the parties are unable to agree upon said impartial arbitrator, the parties shall jointly request the American Arbitration Association to furnish a panel of five (5) names from which each party shall have the option of striking two (2) names in alternating fashion, thus leaving the fifth, which will give a neutral or impartial arbitrator. The party requesting arbitration will strike the first name. 7. The City and employee (or the Association) shall mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine their decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine their consideration and determination to the written statement of the grievance presented in Step 2 of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or 20 r BA city amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agrecment; nor shall their collective bargaining agreement be construed by the arbitrator to supersede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein. 8. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share the said cost. 9. The parties shall make- their- ohoiee attempt to mutually select an of -the impartial arbitrator within seven (7) calendar days of the submissioq of rectuest for arbi.trati.on in 7anlr 6 of this Article. If the parties tail to .mutually aaree_to Che selection of an � n alt C' 1 arbitrator the j>an regu,e, t5 iug ar iu at�I shall r. yge�t a_p nr , c) ia�bitn aL I [ionz the Federal _Mediation and Conciliation Service The parties shall make their choice of the impartial arbitrator by alternately rank ordering to Ike panel of arbitrators i.e. 1 -7 with 1 being the most acctable and 7 being) the Least rrecept�able within seven (7) calendar days after receipt of the panel from FMCS. The parties may extend the time frame, for rank oorder•ing-tbe iJ. o _rators Oil Mutual Ureeme lt. Copies of the arbitrator's award made in accordance with the jurisdiction and authority under this Agreement shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on the parties. Either party may reieet up to two (2) arbitration panels in any given case. 21 L' PBA �� Crty ARTICLE 13 HOLIDAYS 1. The below - listed paid holidays shall be granted under the following conditions: 1) January 1 2) 3rd Monday of January 3) 3rd Monday of February 4) 4th Monday of May 5) July 4 G) 1 st Monday of September 7) November 11 8) Last Thursday in November 9) Friday after Thanksgiving 10) %2 day December 24 11) December 25 12) Birthday 13) 4.2 floating Holidays New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas Eve Christmas Day After l year of continuous service After 1 year of continuous service Z. Where observance of these holidays may interfere with the work schedule, such observance on alternate date may be made at the department head's discretion, with the approval of the City Manager. In such circumstances, an employee shall receive, at the employee's option, an additional day's pay at their straight -time rate of pay, or compensatory time at their straight -time rate of pay. 3. When a holiday falls on the regularly assigned day off for an employee, such employee shall receive, at the employee's option, an additional day's pay at their straight -time rate of pay, or compensatory time at their straight -time rate of pay. 4. When a holiday falls on a Sunday, the following Monday shall be observed and when it falls on a Saturday, the preceding Friday shall be observed. In such circumstance and 22 PBA `'` City ARTICLE 14 SICK LEAVE I . Sick leave shall be granted to employees for absence because of: (a) Personal illness or physical disability resulting in the incapacity of the employee to perform the regular duties of their position and not arising from a service - connected injury or accident. (b) Medical, dental or optical treatments and examinations. (c) Personal illness or physical disability resulting in the incapacity of the employee to perform the usual duties of their position and arising from a service - connected injury or accident, but only after all available disability benefits offered under Workmen's Compensation are exhausted, provided further that use of sick leave in this manner shall be at the employee's request and is not mandatory. (d) Illness or injury to a member of a bargaining unit member's immediate family that requires the employee to care for that immediate family member. 2. Employees shall be credited with one (1) day of sick leave at the end of each month during the year. 3. Sick leave may be taken only to the extent that it is accrued. No advance sick leave shall be granted except in an emergency and upon approval of the City Manager. 4. Current employees will be eligible to receive the sick leave payout, with the existing cap of 600 hours, for the term of this Agreement. Employees who are hired on or after October 1, 1995, will not be eligible to receive any sick leave payout. 5. Effective October 1, 1995, employees will be allowed to accrue sick leave in excess of the 600 hours cap. Nevertheless, the sick leave payout will be governed by Section 4 of this Article. 6. All current employees, as of October 1, 1995, will retain current payout provision upon termination of employment, and will have no cap on sick leave accrual. All employees hired after October 1, 1995, shall receive no sick leave payout upon termination, but will have a" no -cap" maximum on sick leave accrual. All employees who have attained a sick leave balance of a minimum of 36 days (288 hours) shall be eligible on their first anniversary date following that accumulation to convert up to 32 hours of their annual unused sick leave balance in excess of 288 hours to vacation leave. An employee who uses in excess of 32 hours of sick leave during a one -year period will not be eligible for this benefit. The catastrophic illness bank will be abolished and accrued hours will be returned to employees who have accrued this leave. 7. An employee whose service with the City is terminated and who has taken sick leave that is unearned at the date of termination, shall reimburse the City for all salary paid in connection with such unearned leave, except in cases where the employment is terminated by the death of an employee, or in cases where and employee is unable to return to duty because of their disability, the evidence of which shall be supported by an acceptable medical certificate. 8. In all cases of absence on sick leave in excess of three (3) work days and in cases of absence on sick leave for any period less than three (3) work days when the Personnel Department or Department I-lead shall so direct, the written request for sick leave shall be 23 PSA City accompanied by a certificate signed by the physician or other licensed medical practitioner treating the employee, certifying as to the incapacity of the employee during such period to perform the usual duties of their position. Such directives shall be valid and in force for a period not to exceed four (4) months. The Personnel Department or Chief may issue additional directives not to exceed four (4) months in duration, in their discretion. The issuance of all such directives may be appealed to the City Manager. Failure to furnish such a medical certificate for absences in excess of three (3) workdays, or for any absence when so directed by the Department Head or Personnel Department, shall result in the absence being charged to the vacation leave of the employee. 9. Employee hired prior to October 1, 1995, who voluntarily terminates employment from the City, shall receive payment for leave deposited in the sick leave bank in accordance with following schedule: After 5 years of continuous service 25% After 10 years of continuous service 50% After 15 years of continuous service 75% After 20 years of continuous service 100% 10. The parties agree that the City may take any steps it deems appropriate to strictly administer and enforce the City sick leave policy in such a manner as to eliminate abuse of sick leave privilege. 11. In the event an employee is killed in the line of duty, or a death by natural causes, their heirs shall receive one - hundred percent (100 %) of their accumulated sick leave time. 12. Any sick leave donated to other City employees shall not be counted against the donating employee in terms of use or rollover of sick time to vacation time. 13. It is further understood and agreed that all issues pertaining to Sick Leave Usage shall be governed by City of South Miami Sick Leave Policy implemented on March 1, 2004 and made part of Personnel Manual amended on February 17, 2009. 24 PI3A � � City ARTICLE 15 FUNERAL LEAVE 1. Employees covered by this Agreement shall be entitled to funeral leave with pay Lip to a maximum of four (4) work days in the event of a death in the employee's fancily. Two (2) additional days of leave may be granted if travel in excess of 250 miles one way is necessary. 2. The immediate l'amily shall be defined as wife or husband, grandparents, parents, stn1 1iar�raY children, stei7 children, grandchildren, brothers, stepbrothers _sisters, steli sisters father -in -law, mother -in -law, brother -in -law and sister -in -law. 3. Proof of death in the immediate family in the form of death certificate or public obituary must be provided to the City Manager or their designee before compensation is approved. 4. Funeral leave shall not be charged to sick leave or annual leave. 5. Should an employee require more funeral leave above the allotted time, may request up to additional time not to exceed ten (10) days. Such requests must be submitted at least five (5) days prior to the start of the requested leave and be pre - approved by the Chief of Police. Moreover, the employee requesting such leave must have at least ten (10) days in either their sick, vacation or compensatory leave banks. 25 PBA City ARTYCLE ICYLEAVE Or' ARSENCE "No, Pay" lewe-way be granted by the City Matiager fora petlodetiot to exceed six (6) calendar, months, ,to eatable the m4ployee; to receive prqfessiqAal, or technic,al training, will itiplow -theit, wbrkupon their return to seikvWteor, bemuse of the ieftipjoye,Os extended illatiess or rion jabtirelated distability Matoroity tdaVo:9ha4 be treated the saint as any' ofltea extended illness or.non jQh zelated disabil%tiy,- "t*Iti I*ay" ea-,wmay be granted '1?y the City Ivlanager'to an employee For a period, Writ; ttl, exceed one (1) t vacation leave -, but. entry hekeof shall he made upottthe leave aecbrds of suclt:eaYtployee. shall be dear y ............ 'if, job job, V ft last has beeii HVIM taiderstoodthat,"if, 6b GIA last tlie" City Will, ttzake every eilnxt to` place the;employee: in aitbtlier Jobpbsitio- I eiiiploy aid ;e&, qualifies, if placed lit jolt positions, mvilior ' ib employee shalt be emi-Mod only to flio wage: scale tor. skilgh 'llow,position. If tip job position is avA01e; the City will give priarit3 to 'job position, -h1fict rhos oyee as soon as a new f0t whic fftof ed, quallffcs 26 j���� City ARTICLE, 17VAVAT" "A" 1. The term 'Vaeatj UaVikt shall be used to designate leave with pay , o on granted t on'exuployeo-oii Years of tflunterruoted Service Amount of Vacation 1) 1 fo"S"Year&Ihelusiye,' -51,Week-sorl2vycT',j days ,2' 6 to 14 -ybafsln §IVe" 3 Weeks or 15 Wdrkih�-dqs , 3?�,' 15 W 1,9 yeatsifidwiVO or 19 WeWhig, days 43 20 years aad over, 4-115" weeks or 2-1 wo*J%days '(a) Vpeation steal lroquire,uppx0yaj off' flic Chief of"1401jec or their sigrteej and at ao time shall a empfoy66 be a1Iduvd to, we moit, vacation I&V6 that has been accumulated. '(b prifle, Earl�ecl va t" 'pal, � 04400 earned. Undev exceptional olrcumstattce and upon wiitten Tequo*t -Wffliimthe Year which the vacation thne is emt4 suoh time may be used ijp to, 30 days past the employee's airrrver`sary ate with ttte writtei,. approval of the City Manager. �(0) Vapalion leave ,:May 4o taken to *o extent that it is earried, by the employee,, ,subjeei to the prior approval of the OW of Policg; Von written a p plicatlop by eipployee in advance, and at1ho con',vcfiio e,�of' e -�jty., (d)� Any earned And credited vacati , on 'loam to the credit of An 6trip'loyee Whet, oCity ql1b;epaid prorated raw, An employee 4rigypequost their vapatiork pay checks iq adyaw,,q of sohpciolod vacation pay Payroll;: Department it least two will tie= perfaittc,4 to split; their - umtion dates: at the diserction of the AWUCIX 181 XTRA*DUTY POLICE' R MPLOYMM NT �0�olie"epamlleol m PDX city ARTICLE 19 INSURANCE BENEFITS The City agrees to pay for HMO health insurance for all employees covered by this agreement. Employees wanting the optional POS or PPO health insurance will pay the difference between the two plans. The City will also continue the current levels of coverage for dental, life and disability insurance. The employee agrees to pay for 100 % of dependent coverage for health and dental insurance. 29 ('.2 BA /` City ARTICLE, 2011OUR L+ WORIC AND O'CI+IL"LJM 1. Dotty (40) hours shall co'b9titute -;a noxznal workweek for.an employee covered by this Agreerraent. X thing laercin shall :guarantee away employyee payrment f it a forty (44) hour workweek unless the employee, actually works forty, (40) hours or their - actual hours worked and their authorized cou pensated leave touts forty (40), hours. Employees ,Miuse hourslof�actual work exeedd.,fouty, (40) hours �ina worker ae - or eight (8) hours, in a dad shall be compensated afi the rate of tune and ne -half of the, employee's regular straiglaiwfitne rate for ilia addrtional; time or -as set forlh':in paragrapl* 3 and 4 below; All av0Ule overtime, sha11 be. tttferott to bargaining unit' employees in order of seuaiarity barrifig th& existenm of emergency or exigent circumstance that would not allow- a T.,00 fable amount of.th -Ae to contaetemployees om.a senio> ity basis. 2:. -No um rlo covered'Izy dais Alreenuerrt swill lie; elr` =ilsle to:u: c siclr law tn?tc tc>vvare over�me.,� S. If eau employee covered by this Agreement is called out to work at d time .outside their norm at working hours, he shall receive a inunni rn.of three (3) hours' pay at the rate of time and one -half their regular- straight time, I bweuer, an oniplayee who has not adtuufly worked a forty (44) hour workweek or an eight (8-)'hoax, day, shall be conupnsdted foi the call out at their, rogulaf straight -time rdte >. 4. D,, npioyees who are rNnired to make off-duty court appearance as a subpoenaed', witaess »im the federal or,state courts or as 'a doponent in paaxding criminal; c '! or ttafhc cases:inuolving or arising out,of the discharge of the employees duties in the course of their enrployrnent with the City will xeceiue a nuriixnun,of three () Hours pay dt the;rate oftirae and or e -lratf their regular straight -time xate If tho o'Itreer.rs regaaned to hcrld.over: rqyp!hytJl i However an oeight (8); hourompensated #or the off =duty dppearauce dt tlucir regular straight -tame gate. hfor court acrd pearances; 5. Itso#ar as possible,, employees covered by this Agreement shall be given forty -eight (48), hours notice of and changes in their regular' hours of work. Filcher, insofar as pons l ter. tithe Departrnent will mold scheduting an employee to work, on 'continuous slu)is, S1icuXd an employee bo: scheduled to woxk coaitintlons sniffs, their days off;may be adjxr tied within the same pay period bythe Department. Einployees shall: be given two 4weeks, notice ofnorunal. shift. ehange. 64 * supervisor or official shall, take action to cause the non- payment oi' overtime in eite tances wherein an employee covered by this Agreement has performed work, which entitles bfin to payment of overtime provided that nothing herein shall restrict the 30. X PISA City' City or the Department from altering work schedules or taking any other action to reduce the number of overtime, court time, or call -out hours worked by the employee covered by this Agreement. 7. The Department reserves the right to institute any procedure or system it deenxs appropriate to measure, record and/or verify attendance at and duration of off-duty court appearances. Strict compliance with any procedure or system so instituted by the Department shall be a condition precedent to obtaining compensation for an off-duty court appearance under Paragraph 4 above. 8. Compensatory time shall be administered in accordance with the following guidelines: (a) is Agreeatei , compensatory leave may be accrued to a maximum of two hundred twenty 240 hours two rundre (28(1) - hour-. Current employees, on October 1, 1995, who have an accrual in excess of the current cap, will be "grandfathered" to allow them to retain their accrued balance. However, such employees shall not be eligible for accrual of any additional compensatory leave until their balance falls below the X00 240 hour cap. (b) Compensatory leave may be taken in unlimited blocks of time, provided operational needs have been met, as determined by the Chief of Police. In the event of disapproval, the written response shall contain a specific explanation of the operational needs that cannot be met. (e) Compensatory leave shall be requested in writing at least one (1) week prior to the effective date of requested leave unless there is an emergency or the one (1) week time frame is agreed to and waived by the Chief of Police or is designee. Approval or disapproval shall be made in writing within 3 business days after the request is submitted. Under exceptional circumstances as approved by the Chief of Police, the time limits for request of compensatory leave may be waived. (d) Once approved, compensatory leave will not be canceled by the Employer unless an emergency situation as determined by the Chief of Police exists. 9_ 1. on reeonlmendation of the Chief of Police and u?oiY �prc }vnl aP the City Mgpgge the parties agree that the Cit ma im lement either ten 10) hour or ewelyg hour shifts which. maw accomplished by a Memorandum of Understanding between the parties without re- ouening this Agreement to negotiate that imnlementalion. 31 _��PBA City ARTICLE 21 MANAGEMENT RIGHTS The Association and its members recognize that the City has the exclusive right to manage and direct all of its operations. Accordingly, the City specifically, but not by way of limitation, reserves the exclusive right to: A. Decide the scope of service to be performed and the method of service; time; B. hire and /or otherwise determine the qualifications of employees and the criteria and standards for employment; C. Fire, demote, suspend or otherwise discipline employees for proper cause; D. Promote and determine the qualifications of employees; E. Layoff and /or relieve employees from duty due to lack of work; F. Transfer employees from location to location and from time to G. Rehire employees; H. Determine the starting and quitting time and the numbers of hours and shifts to be worked subject to Article 20; I. Determine the allocation and content of job classifications; J. Formulate and /or amend job descriptions; K. Merge, consolidate, expand, or curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City good business judgment makes such curtailment or discontinuance advisable; L. Contract and /or subcontract any existing or future work; M. F.,xpand, reduce, alter, combine, assign, or cease any job; N. Determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement; 32 BA City O. Control the use of equipment and property of the City; P. Determine the number, location, and operation of headquarters, annexes, substations and divisions thereof; Q. Schedule and assign the work to the employees and to determine the size and composition of the work force; R. Determine the services to be provided to the public and the maintenance, procedures, materials, facilities, and equipment to be used, and to introduce new or improved services, maintenance procedures, materials, facilities and equipment; S. Take whatever action may be necessary to carry out the mission and responsibilities of the City in emergency situations; T. Pormulate, amend, revise and implement policy, programs, rules and regulations; U. Have complete authority to exercise those rights and powers that are incidental to the rights and powers enumerated above, including the right to make unilateral changes. 2. The above rights of the City are not all inclusive but indicate the type of matters or rights which belong to and are inherent in the City as the employer. Any of the rights, powers, and authority the City had prior to entering their collective bargaining agreement are retained by the City, except as specifically abridged, delegated, granted or modified by this Agreement. 3. If the City fails to exercise anyone or more of the above functions from time to time, this will not be deemed a waiver of the City's right to exercise any or all of such functions. 33 77 PI3A City /�f/— ARTICLE 22 WO)RK STOPPAOM, 1. The Association agrees that, under no circumstmices, slrali there be any work stoppage, sttike, sympathy, "strike, sat'ety strike, jurisdictional dispnte, walkout, sit down staff -%n, sickoust or, Any- other g t lie or refusal to porf4 ft assigned work for any, reason whatsoever; or pieketi tg, h the furtherance of any of'the abow- prohibited activities, nor shall ahy harf ainnrg unit personnel refuse to cross any p, oWcet li at. arty lacation, whether'the p'le etiitg is lie N, dome by lire Association o'r aby othcr employee prganIzation or union 2 The Association ngrees that ttie ,City shall retain, the 4$40 ,10 Alsolwge or othertui ARTICUU, 23- A WA"I$ '16 City will', endeavor to provide a, formal system of gwards, fox• various degrees of oatstaitdirtg settVZCe. Btaa ioyses selected as' QfJacer a "the Month or Supervisor of tlae ]tw 's1a411 reoeive official awards which are to ite'postetl coaisl�acucsusly ata ihe.Ptslice, Stafsou.and City FI 11. Ad,d 'ovally, fozanal to�bgrtitaon of ejUployee's ea�c�ptioiaal seraice shall'= k3e:placed- npersonnel files:; 3,51 PB-A ARTICLE 24 MILITARY LEAVE Any employee covered by this Agreement who presents official orders requiring their attendance for a period of training or other active duty as a member of the United States Armed Forces or the State of Florida National Guard shall be entitled to military leave pursuant to Chapter 115.07, Florida Statutes. 36 <.. PBA „��¢ City ARTICLE 25 AUTHORIZED USE OF PRIVATE AUTOMOBILE Any employee authorized to use their private automobile in the performance of their City duties will be compensated at the mileage rate prescribed by Florida Statutes. Such mileage shall be computed based on the distance between the employee's regular duty station and the place of assignment or the employee' residence and the place of assignment, whichever is shorter. Mileage shall not be paid for commuting to and from the regular duty station or for court appearances or case - related conferences. 37 CPBA ''` City AW147LU 2,0'BULLE TIN I$OA"$z The City- shall ;permit thy. Aswe'fadott to pbgt notices, of an ffiformational Wtuto tda Awne* and -addresses of OMce director's, and of the rull ' pdpyea, the, squad room at the polire�:stafioA, A copy of each Jdtfc'elo be posted shall be tlainstnitYed to the Chid of Pblibeof, theik ddsighe&,,,ftldi 2 Os'! g 2otrnijigl�aUt lodi % of oal ojempjoyec of b&p6swd, 38 pity ARTICLE 27 SEVERABILTTY CLAUSE Should any provision of this Agreement or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Furthermore, should any provision of this Agreement become invalid, as described above, the parties shall meet within thirty (30) calendar days of such decision or legislation to discuss substitute provisions or ramifications of such action of this Agreement. 39 City ARTICLE 28 COMPENSATION 4 100/.� - All `-argainmg ,—,acrossth oard-rtlw-wage is t el n retroactive- t . Drialovees. covered -by-this Ausn-11(mus Lnnms�uivalein to 2% of their base ' �Jqr3jn FY 2011 which will not be sul-jectLo calculation. and/or contributions. p SL (njiglc i n L -w-i 1L lie �- iLa- lift c_, J o _ L L (jh_ is AS cenrent Special Risk Pay shall enain-at jL $50.0LQ 40-.N per pay period for term of this contract. 1. Bargaining unit employees who serve as Field Training officers pursuant to the criteria below will receive a seven percent (71/o) of during the time that the employee performs FTO duties. In order to receive the FTO supplement, the employee must: (1) secure an FTO certificate from the State of Florida, and (2) be assigned to and actually perform FTO duties. Thus, employees will receive FTO pay only during those days in which the employee is at work, is assigned to FTO duties and performs FTO duties. The seven percent (7%) FTO supplement will be added to the employee's base pay for the days during which the employee receives such supplement. 2. Bargaining unit employees covered by this Agreement who are temporarily assigned to a higher rank shall receive seveji 1,171AL . 1Ls/h )ASe,ho-W rate as i sup111etnem during 14�-:� ng fank . 41 —11 —1 r each full day worked in the higher rank. 3. Longevity pay shall be calculated based on the hourly rate of each bargaining unit employee. 4.QgrnM!encinet with the ratification of this Agreement. police officers assigned to jLijjLornLjLatr(jj who are covered under qL arxd pss Y rg�a i up(I to afternoon or -L niidLii) Ut shifts shall. receive a shift iff ti i $Q25 liq[tigan_� L _ff - hift). -5Q qy�gL_ 1__CL - $Q,_ (inidnight shift), Sergeants assigned to t> iform atrol wilp are covered under this g uYeement and are assigned to afternoon or midnight shifts shall receive a shift differential —-pays)-UNA5 lallgrtipoij shifl 21 $0 A njidog, it , h i 11, 120 sh ft, di fferenti a A -- -L -- LuM -T- --J ----L Lbr oygrft .4 c al is nol tied to the base. Hours inust be aclLmily worked in order to receive the differential tray. receive an assignment pay of $0.50 pSLi: hour. aqjjgljty-wor.kgd. .-msigqijjqptpa is not tied to the base for overtime a. Motors b. G. 1- U. C. ST-U. d. K-9 Wj PBA City 6. No Merit increaises tivill be pa�c aided under t11is A ny,@ xt _l ln> , ort 3i.ilv,l,, 2 12 when the City receives Form C)It 420 Prowthe 1\9ia�nii- 17ac(e C.'ount} 1'rolaerty Apr user's QPtice. C tlxe "crarrenC ��ss taxtibl� v�It�e foz.aper_, ilia; �_. pa��oses __i�, <_rextei;,,tl�rin. the antgtiant of the .v_i�yu cat "s ��lue nv�t�ai:io��s_�dcx_tlz 11gi.ee�aiet7t may_ be re_ o. erred solelk to dxseLiss thG" passibilit.f eeinst4t tiu 7 McizC iuercasey 1'o_r the Palle)wi�7g Cxsekd year. 41 ' PBA City ARTICLE 29 PROHIBITION AGAINST RE- OPENING OF NEGOTIATIONS Except as specifically provided herein, neither party hereto shall be permitted to re -open this Agreement or any part of this Agreement. This Agreement contains the entire agreement of the parties on all matters relative to wages, hours, working conditions, and all other matters which have been, or could have been negotiated by and between the parties prior to the execution of this Agreement. 42 r13A City Ali t Y JG 3O MT+ORMS AND tv- 10VXPWNT 1. Etnployees coveted by this A' ce onf shall reserve from the City upon' appo' unmet t at tro costtixthe employeey.a new uniform, cvl%1a shall consist of tilze followini (a) O (1 ),long sleeve shi ; (b) Tivc (5} shazt'sleeve shifts 1?ive (5) pots of'troitsers (d) Orie:(l)hat (} Badge and ame -lag; t,eather goods and aeces §ories to inelude: but not''be Iitni*d iaz handcuffs and ease cartridge rase, holsteraaxd Band laeld..rado bolder () The approlrrate ;quantityofs1ae11s; (h) One(l.).Jaeltet,withzap outlining; () Trx o (2) pairs poiice:icw quarter coOf m shoes;: tl) R'aingear, c) z7ponemployee'S.request> upainof uxiiform.sboit slxa l be,ksuod, The sbove'itcms shall be repiaced;as needed, :by theCity, witbia a reasonable atu;4unt of tfi nro. frorm the 'binploycOs sWAtten request, Such requests shalt include the iteasbn for replacenYent And Is contingcut upon approval of the DtvUf6A 'tlonuntmder pia cliaitt, bf wcac'notzrissued cidthirzg,wiil- receis e a clothing ailannent 01,I OU ,awfars annumy- Qn klalf (1:� ): i t `s cl -al Iojmeitt mi l be, paid ort the pay day nearest tlae 15t1i of ibbcowber. of each. near end llte other one -hat% (II J will Uc ai'd cal the #ray day near fate' 1 Sib of 3 Comnronr�ng wuttll tdae z2xt�t,attbn of ihik�u, reea�tat und'�rri�d eniplvyees co�emd under this i�greemexit witl receive: a clothxxrg allo�zatice df �,�1Q� � r1o11ax� annually. t}he- ha,11`(il�) ol` said a134haaent"wili bepaid oz� the pay "day nearest the 1 S11t of L)eee�abec of:each,year azrd the other, cno -hai£ (l /2) viii 6e patd on the pay day taear�st tiro- l,- S't1r:01' �iiue of earl% year provided that the ezazployee is erxiployed on said day,. Any etnployee wlzc aeoezves o clotltingJunifiirrn alloivanee to advance Vvbo terminates etxipioynetit eaept fox tatiexnent,i11 Tiave: a pzoxated pt�xtion oflltat allnance deslttcted aibin the f?nai;;.paycheek, No final payehecl wail be :given #W(ermioatea employee until', all city_ owne'd psopez such as�znifoxms azzd egtaiptnazri, lU, -etc: iras bean xetuz!ned w the t'lty 43' CityOty however bginingtntit_employces_wl�o ar e „ issued tl lwevelII,_vcsi': xn.a�t_illigradc to a Level 11.1. vest at their own expense. The wearing of the vest will be at the option of employees, except in the performance of specialized duties and /or as specifically directed by the Department. 5, Each officer (upon request) will be issued surgical gloves and a plastic pocket resuscitation mask for use in administering first aid. Such items shall be replaced as needed. 6, Employees may be allowed to carry personally -owned shot -guns and ammunition which conform to department standards once the employee is qualified for use in that weapon or an identical weapon by a certified range master. 7. All personnel who intend to carry personal semi - automatic weapons on duty are subject to the following conditions: 1) The officer must complete transitional training prior to obtaining approval to carry the firearm as provided for in Article 11.3 - TRAINING. 2) A request to carry the firearm shall be approved by the Chief of Police. 3) Firearm shall be inspected and approved by a department armorer. 4) Sworn personnel shall not modify authorized firearms. 5) Holster and ammunition clip holder shall be purchased (by employee) and approved by the Chief of Police. 6) The officer shall complete a training course pertaining to the new firearm. 7) The officer shall qualify with firearm. 8) Firearms and magazines shall be carried with Department issue ammunition only. 9) The Department shall set forth the manufacturers and models approved for use. 8. Employees shall be issued PR -24 batons and shall receive appropriate training for use of such batons prior to issuance. Employees shall also be issued ASP's with holsters and shall receive appropriate training for use of such ASP's prior to issuance. 9. Uniformed personnel shall be permitted to wear, as pats of their uniform, a standard knife case, the finish of which matches the leather accessories issued by the City. The uniformed personnel shall not carry any knife on their person other than that which is contained in said case (the blade of which shall not exceed three inches in length). ., PBA City ARTICLE 31. NON - PROMOTIONAL VACANCIES The City agrees to post non - promotional vacancies within the Department for a period of three (3) days prior to the filling of the vacancy. However, it is understood and agreed that such posting shall not be construed to require the appointment of Departmental personnel to such vacancies. Further, the appointment of individuals to such vacancies shall remain within the sole discretion of the Chief of Police or their designee, based upon the recommendation of a review panel, from an existing eligibility list, except where Article 8, Section 3 of this Agreement provides for mandatory consideration of seniority. Eligibility lists for non - promotional vacancies shall expire after a three (3) month period after which vacancies will be re- advertised and new interviews held. 45 PBA City ARTICLE.,32 PHYSICAL EXAMINATIW ANTI 'i?SrOMERS" COMPS NSATION )WN"118 I. Employees will receive an elpetspeardiogmm,, eye exam, and physical e54amifi Lion to include aleo}iik and di-* screen testing, at leasConce a year ? {1=2 months petformed by a p}iyssexaai:sdleeted -by be t ity oz v heia reclnested by'tkie Cxty Se lxedrilatrg of thevaboye, will beiat tlxe d}sorefton of iho City, and ih& results, will become parvof the employee's ppxnaancut record: The City wili;undw take flies cost Or `the exahunaiion and. wilt f utiush the employee with a copy of the exam }nation repdrt.. 2, 31 Iisthe euept °o£ an -on tlxc jab injury it% au enx }i }oyee not as a resulti of nelrence. by the employee, stwh eirxptoyee wSll be catx ed at fuii -pay and 'benefits fqr °a period:iiotto.exceed t$0 calendar da�s>:. 4; Employees coveted by this4greexneiit further 4grce4hat, in the intsrest of pt bli'e condcizee, there needs to, a ivanagornent right to submit employees: at random and witixout notifiaat }orx ,pr,, d LZg and alcohol testing. $,aid tests shwa[ be-irl° addition to the- annual physical rand, rnay occur not n?ore than one Vme per employee.each year. S., it isxtrtlxer undeitopd axed agreed, that all issries. perlaitilrxg to Drug and Alcohol; Tcsti ig: shall be governed. by City, of Swith Miami )Drug ,pd Atoobol Policy and be governed liy' City of South l-��Ro`d.�� Drug and .Alcohol Policy and Work llilesw implemented on Ivlaarcli I, 20104 9made:part ofPer"sonhel Ivladual as adopted.. bytlre 4` ' "*POA, City AI2T C1 E' SS +TIAEMENT BENEFIT 1, taeh bargaining unit eutployeo'who tettres on length of service orthedtcal disability Shall ';cgeive .a an l onora.y —one; grade promotion and shall be issued a badge wall, irlen #t "iication card - dent+ly ixiar ed "tciired, "ai tbe:dlset °etion ci ,1L ChicC o 1'�alrcr mac.- 2 Si e. folloualzag cltarl es in retixemeat Bette d #s, are betelzy me-4 anti ate hicorpoxatod hotetzz as hustdreai etatas (a) g ective tietobex 1, 1.995.4te benefit acemai. rte (multiplier) shall be inewased *om 1.9 %% 24% Lor'servrccs xfaitrtecl irt,Ebe 1995 l!?1(z asca%aB (b) l ffocthro October 1, 1996, tha heo&At,6ceruAf rate (tn iltipller) shall be Jrroreased; from 225% to 2.541f ;irr,serytaes peritrrnad.in %Itc 1X3,96- 19,}7' Asgal Yeea (e) Effective October 1, 1917 the beuefrt > accruaal `rate {multiplier) shall be; increase, from 2,5010 to 2.75$4 for set'.vrces "er1'ixmu�ct, min, tl�a 1997 2(lti'1: fiscal ears.; (si) ff &tive October 1, 200.1,, the banefit - accrual rate (u nilcv ier) shall" be Increased from 2.75 to 2Afl percont for services performed in the 2001r 2002 fiscal year:. (p) E&4tivb October 1; 20.02;'Ihe:pgasion "benefit- aeerual rate (multipliet) i'6i sworn police pexsoniiel shall lse increascil fiom 2.80 percent to 2.90 forr services pedorined in the 2402 -203 fiscsl yeah. (I.) Effective October 1,: 2003 and tlrer after the pet sroir beneTxt'aaotual'ra #e (nniltiplier) far sworn police persorniol $hall be i4exp4sp pm, 2.90 to 3.,00 percent.. (g) The multiplier faotor for all years of service prior: to October 1, 1993' the multiplier shall, be 1.6%, Tor sexvraes eallare4 daring fiscal year 1993 =94 October 1" 1913 ilirottigh Septeniber 30, 1990; iha-Moflier snail be 1 s- ' i'oY services renderw daring Ocaobet 1, 11994 through September. SOY 199, 5;_ the rnuh ptior sfrall be i p'% to lie 4, ppr' 4 at fire Buie .of refixement of each baxgainiatl; tuaU employee oav zed b tltis Ar rcem nt: all�be- applied= as�'ol lows: 47 �* MA pity I Bart dining unit" employees shall be ltt0%1, vested in the retzrener?t plan, when cotr%pletion of ten -(1"0) 'years eontinuous IbIt tiinb iservice iii - the retirement: plan "is. competed, Acaoz lzngI ;, effeetive %October i 1993,. a1i bargaining unit en ploy s iii "thc xetiretncot plwn 6 nave, as of October 1, 1993, between ten (10) and twenty (20) years of cozptazuzous:serviop wa 11 be 10 % vestedi�. 4.8ftetive Octobez, 7, ZOO;, the ez iployee eimtribution to theref renzezzt plan will,.be 7 ;5 ✓0< Should the; to {at contribution be actgac ally 4oterithiod, to exceed 15a /4 bA the Cify and the "empl'oyoes vi11 share equally tbpvxcessAmount (" "" shoutd the total' 6htt bution be actuarwi determined to be 17 %, *-City, shall cantzx`butc,a total ofX 5 %: .and the employees small eonixibute a total of 8.5%). 5. 'effective (ae #n1�er"'I, 'QQ1, in ceordariee ivitlz the new, prtruisioris o Slate" Stiatuw overmng t lzaptpr 18 1 ands, the sum of $x2,98.Q0 ;wvilt be Maid hozn the Oltapter l8 Police "l2etirement;funds do :the"Soutlr M?ami `Pension 1?Tan eaeh,yeaz xegardloss, of the growth or"dimMutivn -xn "future Chanter' 185,firnd lz partial ex iange.for'the 25 pears G, The rofirem'eAtpjfqjs4 mandatory for all employees, o«vcred under. ibis: xeeznexz hired after Octebar 1,199& 7, Fihd average compowIatzon ':sl atl mean -the patticipaav anmod bwgensatiol ," 'm detenilnedby the e41, Jqyer,, lo- a unifQ7 o azrd nondtscrixn iia'tory manner mra od„ South Miami el n-Afng o f the parilep ant' "s rcnreirierit dd. termznatioo.ot``eintzlovzxtent a date of toniiiiWon ofdte Im v. PBt- City 8. The normal retircmeni date (the earliest date a bat'ga ag Unit employee anay retire With foil nhredueed pension bene%rts} for a participant shall be completion of 25 years.of' credited ponce service, regardless of age, or, attafinnent of age sixty GO and;completioaof ten 10 years of credited police service. 1. Einployees ,s overed by this Agreement shall be allowed to apply for ;parm*Jan to pa66hase, e'redlit fnr aetivesd0ty iii the t.1. �. Military 'service, up 'to a rataxiaitnnr:of four >. (4) ': years in the $' uth i 14mi A%ihernent System, p a rsoatttto ptoeodures to, bo pwomulgatted by tlrp City in consultation with the, l'EA: 10. Em"P' loye'es covered by this Agreement shall lie allowed to ,apply S'or paddi §ion to purclitasc credit <ix it anediatc past city service as'a naernber oi'ttae bargaiiitrrg utzit up to: a ,t? trrruxaa of Svc ( }, year tar the South iktianai ltetirernent System pltrsuanj to paocetlures to i?o promulgated by file City in consultatioa with the paA. T,hp actaaarial and teohtii'cal, tairgvtge fs to be prepared by aehuitial cosi?pa2i} , approved by the City and the kr13A and adopted by the 1'.onsion Tsoard. At y condition oa'impairrnent of health e "t'�atty 'Police officor caused by'toberctilosis, hypottension, heart disease, or hardening of t%e' arteries, xesulti rg in total disability or death, shall be presumed tsa be accidental and suffered n: the line of'duty unless the contrary be shown by competent eyidenpe,. 130,. Attached hereto and incorporated by ol*teuoe rerun, is Ordinance 16-68 -195,1 aclpptedluiay A cook en oed "Uision; 0j," amw �owk 49 I city 'City ARTICLE > "OMATIONALINO"VE 'h,y 1011 00 'SOS' � t T, C agrees to boar twcdst, iAt to boner equip tkio oifeers for, the pohtffiaft, of the itiv"'thqy, arc eiuplcyc& twoy,, shall be Subject to the -,,4p&owloftho; ($id of Polued", ww Clio , 6-ty Manager . 9,,(tdh,6pp&vql itua be obtained, at :least Wj*'(305 days prior to the course. 3.. If any 4pplicaaOIT, ApprovcO,,guiOeineSl�B5rr inl W 0 bwSornentate as follows 0) of cotaedOt f6t , a grade OrbettetlAt otxdergracluafe courses,. of the course cog fora grade of PUP & b6ttet for OApy such reimbursqmwit shall be; made oWy upon sq�jniSsl ofp•Qo , f oPtixegrades as prow clod iu 11 S md"b-abovcg d) The dt"tlidiv.,669 't of any , c I ourseg approved shall be dapped a-vihe'xate o'sod by log pwwy rundedAulivet bbd/or community colleges. sp, ARTICIX!5SMMOY'P+IIREGNANClj M A'Tlri Ni` Y LEAVE I Ail olitpl'ayoe ivla beeomesi pregnant natist ootlfy the Chief of Police as sooia as slxe,iecdlues a mcdioal coa'C�i1'�afion iliac sine is i'eg %iatat, A prcgnatit etiipliiyeo is t0pired to 14r1rish a lettei: from hors; pbysi0hul, Which Will state the Ono ipato delivexy date, the .omoupf ,q 'tine tho employee may contiaxue to work urliil, the> dohs ex and the types aiitl. l'Wit tioias of ilutiy, to 'he performed, the .i >xcgnatal emplia {e'e fnay, ita the discxetfofx of'tl e Cxty;. be placed. on light d0ty status itlt tlxc approval of ilae Caief-,of"P o]W of their desi noe gild tlae Gicy Manager. hi 111e= awpu ihat a light duty position is not axrailable atthe ponce station, the pregnant;.. eiilplbyee may be ufilizod in?other City ofsouth Miami offices at the discratiowof tho City Ivlana er. -T4e ftoio *ee's rate cif pav %1l,t maii the sarue. 211, lregnafif employees shall Yaerantetl disability feaue au the same teruasa and conditioxxs as granted for other non pregnancy alafd disabilities. Any bargainia2g wait. einployeo Who becomes prop I ant, shall be exibtled tb unpaid f laterfAty leave. Such Maternity leave shall ho gfanW for a petio&bf up top: six (h} l oaths. In the ev'Out'ibot; the pte pant employ, ec has any accruod aufxttal leave, :sick leave; or comp tune, a11e May, use all or any part of the aecrued=leavesat; her request in lieu of°unpaid leave. 151. �* I ftA City AJ2"7Ct(U 4f MPli.OY v. {, ASSISTANIM P1100"M "fh, CItylad the V13A. concur that A Employoe AssfstanoeTro aera (EAP) Would b6, of great Que -J" wpportin the opetdtious of the Police'%3epartzdeot acid to bolstering -'the welfate Of`th"eParh M's law oufbroentei #t persatutel, Thocobb , it is agreed thattl e City�Manager °.aszd t{ze P33A unii representatives will meet, as xzeecTed, to develop aA �etipr, plan to zwtZldfoont such a progru tha "t is responsive to 'tlxe iieecis ol'the (argaininf unit god', �44t"etu,tjio City. V iTT3A �ztS'' A9[ RTIC LE VABOLI$flMt NT OR ME, W�R 11, When" ilk abolisbinent otbidrger 6f'fJ I ie police d6parthioit is contellij)lated, ,iho AS$ Aall be l4ftdil of such plait 'in it dviiwo and be " , an given OPPQ044ity to uego0ate colloorniog Alto finpaet,of such -Aplisbucot or merger Tho-Ab ent orine%ge'x O-f' provisions r6f-, flip plopemwit, of Personnel. itt inhor. dopartmelits or; in Ilho ii1wroadvoi sovorwo-- benefits, qty- AR Notwhhstabding ady other provision of this AgIrpqmont,,the,PB`A 4gr jtm),r take whdolvor, actions tray be (61i0y W16 the sktall notify Florida R s _ , Itl Ile h� the 3 judicial r emadis> oasw not be subject to ,54 that the City *rieWW 'With rhmdadoxi to this, "the; city, �PgA1:�11tion, or ties Acior te or,, PBA city ARTICLE 39 TERM Or AGREEMENT Except as provided herein, all provisions of this Agreement shall be effective upon ratification by the PBA and the City. This Agreement shall remain in full force and effect until and including 5epttepi ei 30 2013. 55 PBA City