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Ord. No. 05-06-1873ORDINANCE NO. 05-06-1873 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT ASSOCIATION AND THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND 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 the sworn officers of the 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 ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The Collective Bargaining Agreement for 2004 -2007 between the Miami - Dade County Police Benevolent Association and the City of South Miami, which is attached and herein incorporated by reference, is approved and the City Manager is authorized to execute said contract on behalf of the City; 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. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall be effective as of July 19, 2005. PASSED AND ADOPTED this day of ,� , 2006. ATTEST: n APPROVED: CITY CLERK ~J M OR q PBA Ordinance Page 1 of 2 Ord. No. 05 -06 -1873 READ AND APPROVED AS TO FORM: CIS TORNEY I" Reading 1/11/06 2nd Reading 1/17/06 COMMISSION VOTE: 5-0 Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Wiscombe: Yea Commissioner Birts- Cooper: Yea Commissioner Sherar: Yea CADocuments and Settings\ArickeWy Documents \Word Documents \OrdinancePBAAgreement.doc PBA Ordinance Page 2 i)f xy+ � ff"Ilg4l-, Rb.F 1- a Y4 l9 Al . `1 +1 T. City of South Miami And Dade County PaRce Benevolent Association Rev. 09 /05 2004 ®2® ®5 2005 ®2® ®6 2® ®6 -2007 TaNc of Contents section Preamble 3 Article 1 Recognition 3 Article 2 Non Discrimination 3 Article 3 Dues Check - ®f£ 3 -4 Article 4 Association Representatives 4 Article 5 Services to the Associatien 4 Article 6 Personnel Records 4 -5 Article 7 Internal Investigation and Obligation to the Public 5 -7 Article 8 Shifts 7 -9 Article 9 Vehicles and Safety Equipment 9 Article 10 Promotions 9 Article 11 Training 10 Article 12 Grievance and Arbitration Procedure 10 -12 Article 13 Holidays 13 Article 14 Sick Leave 13 -15 Article. 15 Funeral Leave 15 Article 16 Leave of Absence 15 -16 Article 17 Vacation Leave 16 Article 18 Extra-Duty Police Employment 16-17 Article 19 Insurance Benefits 17 Article 20 ]Flours of Work and Overtime 17 -18 Article 21 Management Rights 18-19 Article 22 Work Stoppages 19 -20 Article 23 Awards 20 Article 24 Military Leave 20 Article 25 Authorized Use of Private Automobile 20 Article 26 Bulletin Boards 20 -21 Article 27 Severability Clause 21 Article 28 Compensation 21 Article 29 Prohibition Against Re- Opening of Negotiations 21 Article 30 Uniforms and Equipment 22 -23 Article 31 Non - Promotional Vacancies 23 Article 32 Physical Examination and Workers Compensation 23 -24 Article 33 Retirement Benefits 24 -25 Article 35 Educational Incentive 25 -26 Article 35 Employee Pregnancy/Maternity Leave 26 Article 36 Employee Assistance Program 26 Article 37 Abolishment of Merger 26 Article 38 Americans With Disabilities Act 26 -27 Article 39 Term 'of Agreement 27 2 PREAMBLE This Agreement is entered into by the City of South Miami, Florida, -hereinafter referred to as the "Employer" or the "City" and the lade County Police Benevolent Association, Inc., hereinafter referred to as the "_association ", for the purpose of promoting harmonious relations between the Employer and the Association, to establish an orderly and prompt procedure for the resolution of grievances, to insure continuation of normal activities and departmental operations, to settle differences which might arise and to set forth the basic and ru agreement between the parties concerning rates of pay, wages, hours of work and all other conditions of employy ent. ARTICLE I RE, COGNITION 1. The Employer hereby recognizes the bade County Police Benevolent Association as the collective bargaining agent for all permanent full -time sworn police personnel of the rang 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, Police Lieutenants and Division Commanders. 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. ARTICLE 2 NON-DISCRIMINATION 1. '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, sex, marital status, disability or national origin. All reference to employees in this Agreement designate both sexes and wherever the finale gender is used it shall be construed to include finale and female employees. ARTICLE 3 DUES "HECK -OFD' 1. Any member of the Association, who has submitted a properly execrated 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. Farther, the Association shall bold the City harmless for non-intentional errors in the administration of the dues deduction system. 2. It shall be the responsibility of the Association to notify the City Manager or their designee of any change in the amount of dares to be deducted at least thirty (30) days in advance of said change. finder no circumstances shall the City be required to deduct Association fines, penalties, or assessments from the wages of any member. 3 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. ARTICL E 4 ASSOCIATION REPRESENTATIVES 1. Tiro 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 tale 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 plane while the Association Representative is on dusty. Where shall be a cap of one (l) hour total time which the Association Representative may spend on any one 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 lade County P13A Board of Directors meeting once a month without floss of pay or leave time, should the meeting take place whsle the Association Representative is on duty. ARTICLE 5 SERVICES TO THE ASSOCIATION 1. The City will furanish the Association a copy of the Police Department's Rules and Regulations. 2. The City will allow the Association and its representatives reasonable access to t%e 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, on a semi.- annual basis, a complete roster of the bargaining unit, including name, rardc, address, telephone number, social security number and current pay scale. 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 to nssalt;e 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 2 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 Cbief 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 itenn(s) of concern. Any refusal to sign a document shall be documented on all copies by the issuing officer (i.e. "Employee. defused to Sign"); however, no retaliatory or disciplinary action shall be talcenn against any employee who refuses to sign a document. 3. To the extent pernnitted 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 FICA 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. 5. The City shall purge all records of counseling and oral warnings from employees' personnel files after five (5) years of service without receiving further related counseling or oral warnings. Such documents shall be kept in a separate ale. ARTICLE 7 INTERNAL 51VESTIGATION AND OBLIGATION TO THE PUBLIC 1. The parties recognize that the security of the City and its citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves those employees in all manner of contacts and relationships with the public and out of such contacts and relationships, questions may arise or complaints may be made concerning the actions of employees covered by this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the directions of, departmental supervisory officials whose primary concern must be the security of the City and the preservation of the public interest. 2. In order to maintain the security of the City and protect the interests of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizens' complaints mad matters of internal security, provided, however, that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or matter of internal security shall be conducted under tln� following conditions: A. The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that mediate action is required. B. The employee under investigation shall be informed of the nawre of the investigation prior to any interrogation, and he shall be informed of the name of all complainants, if known to the Departmm nit. 5 I C. The employee under investigation shall be informed of the rank., name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation-. All questions directed to the employee under investigation shall be asked by and through on (1) interrogator at any one time. D. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are necessary. All interrogations will be held at the headquarters of the South Miami Police Department, insofar as possible. E. Any employee under investigation shall be informed of the right to be represented by counsel or any other representative of their choice vxho shall be present at all times during such interrogations whenever the interrogations relate to the employee's continued fitness for law enforcement services. F. The formal interrogations of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. G. if the employee under interrogation is unider 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 an as an inducement to answering questions. K. No employee may be compelled to testify before, or be questioned by any non-governmental agency unless under proper court subpoena. L. The following procedure shall be followed with regard to the administration of polygraph examimations. 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 vvill not order or require any employee to submit to a polygraph examination or PSE 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 Iin,-Ited to, DUI, lewd and lascivious conduct, indecent exposure or pedury may, upon review of the circumstances 0 by the Chief of Police, be relieved of duuty 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. ®. Upon concluusnon of an internal review investigation, employees, designated as subjects, shall be given a written disposition of said investigation. P. Not sustained or unfounded levers 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 nay, at the option of the Chief of Police, be allowed to use vacation tune to satisfy a suspension which is for five (S) days or less. S. The City shall make every effort to investigate, determine and complete Administrative Investigations (i.e. personnel complaints regarding rudeness) within 1080 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 PBA or the employee shall extend the time limit accordingly. ARTICLE 8 SMFTS 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 in the following descending order: lute of Mire by Department/Date of Hire by City/Draw Lots. 2. Non- probationary patrol officers and sergeants shall bid (semi- annually) for their choice of shift assignments and days off lays off are not bid until shift assignments are set, including the Chief's mandatory assignments if any. The determining factor in said bad process shall be each employee's seniority as defined in paragraph #1 above. 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 shaft 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 iI said capacity, probationary employees may be considered. Assign inerat 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. 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 from layoffs according to the seniority in the classification from which the employee was laid offi 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 In own 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. 6. 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 lea ' st five (5) days in advance by both employees involved in the exchange. 7. 'Mien 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. S. 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. 9. The City Manager FEU review the employees(s) concern(s) and will render a final decision which is not gdevable. Their section shall I not exclude or hinder a bargaining unit employee from utilizing Section 6, A, B, of this article. 10. Effective October I'% 2005, the Department shall not modify, alter, adjust or otherwise change an employee's shift in order to avoid the payment of overtime for the purpose of staffing the following pre—planned City special events: a Santa's Elves Parade * Fourth of July ® Martin Luther King Parade * Sunday's on Sunset ® Safe Streets Halloween ARTICLE 9 NTIUCLES 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 State Statues governing motor vehicle safety equipment. Employees will as soon as possible report any broken and/or £nnalf metionhng equipment to their supervisor. Employees shall keep the vehicles cleaned and heeled. It is the responsibility of officers with assigned Take -Home Vehicles to promptly deliver their vehicle to the Motor Fool 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, yellowy crime scene tape and fire extinguishers. 3. The City shall furnish riot helmets, riot shields (if applicable) and gas masks individually to all uniformed officers and sergeants. 4. Employees agree to be bound by and abide by the Take Home Assigned Vehicle Policy dated 2/29/190. The City shall provide the Association with two (2) weeks advance notice of any modifications to the aforesaid Take -Lorne Vehicle Policy. 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 and 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. 5. 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. 6. The Chief of Police will have authority to promote any of the three top ranked candidates on the eligibility list. Z ARTICLE 11 TIC UNTMT G 1. Employees who are required to attend off -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 dusty vireapons training at their regular straight-time rate. 2. 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 pro-vide at least forty (410) 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 ofd 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 wort c schedules in order to avoid overtime when scheduling training. Insofar as possible, the City Shall give forly-eight (418) hours notice to employees of such off -dusty 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 armuafly. 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. ARTICLE 12 GRIEVANCE AND -4RBITRATION 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 gill 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. IN Any grievance not answered by management within the prescribed 'Lime 'limits shall automatically advance to the next higher step. 3. Grievances shall be presented in the following manner: STEP 1: The employee shall first take up their grievance vdth the Division Commander within seven (7) calendar days of the occurrence of the event(s) which gave rise to the grievance, or vithin 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 Division Commander shall be reduced to writing by the employee and shall next be taken to the supervisor above the Division Corrunander. Such grievance -,hall 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 Ming 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 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 Frith 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 vrith 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 Mthin 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. 11 5. Mere a grievance involves discharge, suspension or demotion ftivoked by the City, such grievance shall be filed at Step 4 within ten (10) calendar days fi-orn 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 grieveable through Step 3 of the Grievance Procedure. The probationai y period of newly hired employees shall be one (1) year. 6. 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 Mahin 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 striping two (2) names in alternating fashion, thus leaving the fa M, Which will give a neutral or impartial arbitrator. The party requesting arbitration will strife 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 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 Agreement; 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. 9. Each party shall bear the expense of its ovma witnesses and of 'Its own representatives f ©r purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses of obtainhng 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 choice of the impartial arbitrator within seven (7) calendar days after receipt of the panel from the Federal Media ion and Conciliation Service. Copies of the arbitrator's award made in accordance with the jurisdiction and authority under this Agreement shall be finidshed to both parties within thirty (30) days of the close of the arbitration hearing. ]h he arbitrator's award shall be final and binding on the parties. Either party may reject up to two (2) arbitration panels in any given case. WE ARTICLE 13 HOLIDAYS 1. The belmar- listed paid holidays shall be granted under the following conditions: 1) January 1 New T'ear's Day 2) 3rd Monday of January Martin Luther King's Birthday 3) 3rd Monday of February 4) 0 Monday of May 5) July 4 6) 1' Monday of September i) November 11 8) Last Thursday in November 9) Friday after Thanksgiving 1 0) V2 day December 24 11) December 25 12) Birthday 13) 1 Floating Holiday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanlgsgivirng Day Christmas Eve Christmas Day After 1 year continuous service Afterl year continuous service 2. 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 -tine 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, time preceding Friday shall be observed. !ARTICLE 14 SICK LEAVE 1. 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 Co* nipensation are exhausted, provided feurther 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. 13 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. Current employees vtill 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 Mll 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, -YAII retain current payout provision upon termination of employment, and vdill 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 arminimum of 36 days (2088 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 retuxned to employees who have accrued tba's leave. 7. An employee whose service with the City is terminated and who has taken sick leave that is unearned at the date of ten-nination, shall reimburse the City for all salary paid in connection with such unearned leave, except hi 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 Head shall so direct, the written request for sick leave shall be 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 R='sh 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, 11095, vvho voluntarily terminate employ ent from the City, shall receive payment for leave deposited in the sick leave bank in accordance with following schedule: After 5 years ofcontinuous service 25% After 10 years of continuous service 50% After 15 years of continuous service 75% After 20 years of continuous service 100% IE41 10. Yhe patties agree that the City may take any steps it decin.s appropriate to strictly administer and enf€rrce the City sick leave policy in such a maimnner as to elinrninate 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 f Tsther understood and agreed that all issues pertaiming to Sick Leave Usage shall be governed by City of South Miami Sick Leave .Policy implemented an h1arch 1, 2004. ARTICLE 15 FUNERAL LEAVE 1. Employees covered by this agreement shall be entitled to f meral leave with pay up 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 family shall be defined as wife or husband, grandparents, parents, children, grandchildren, brothers, sisters, father -in -law, mother - inn- laws, brother - in -lave 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 amival leave. 5. Should an employee require more funeral leave above the allotted tune, may request up to additional time not to emceed 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 Heave must have at least ten (10) days in either their sick, vacation or compensatory leave banks. ARTICLE 16 LEAVE OF ABSENCE 1. "No Fay" leave may be granted by the City Manager for a period not to exceed six (a) calendar months to enable the employee to receive professional or technical training which will improve their work upon their return to service, or because of the employee's extended illness or non -job- related disability. Maternity leave shall be treated the same as any other extended illness or iaon job- related disability. "No Pay" leave may be granted by the City Manager to an employee for a period not to exceed one (1) calendar month for any other purpose. 2. "No Pay" leave granted to any employee shall not to be charged against vacation leave, but entry thereof shall be made upon the leave records of such employee. 3. Any employee granted leave without pay for six (6) months or more shall be entitled to be placed by the City only if a job position is available, it being clearly understood that if the job position last held has been filled or eliminated, the City will make every effort to place the employee in another ,lob position for -which said employee qualifies. If placed in another job. positior4 said employee shall be entitled only to the wage scale for such new position. If no job position is available, the City will give 15 priority to said employee as soon as a new job position for which the employee qualifies, is available. ARTICLE 17 VACATION LEAVE 1. The terns "Vacation Leave" shall be used employee on the following prorated basis: Years of UniLterr�pted Service 1) 1 to 5 years inclusive 2) 6 to 14 years inclusive 3) 15 to 19 years inclusive 4) 20 years and over to designate leave with pay granted to an Amount of Vacation 2 -2/5 weeks or 12 working days 3 weeks or 15 working days 3 -3/5 weeks or 18 working days 4 -1 15 weeps or 21 working days (a) Vacation shall require approval of the Chief of Police or their designee, and at no tune shall an employee be allowed to use more vacation leave than has beers accumulated. (b) Earned vacation time is principally intended for use during the year in which it is earned. Under exceptional circumstances and upon written request within the year in which the vacation time is earned, such time may be used up to 30 days past the employee's anniversary date with the written approval of the City Manager. (c) Vacation leave may be taken to the extent that it is earned by the employee, subject to the prior approval of the Chief of Police, upon written application by the employee in advance, and at the convenience of the City. (d) Any earned and credited vacation leave to the credit of an employee when terminating employment with the City will be paid prorated at the employee's current rate of pay with the last paycheck received. 2. An employee may request their vacation pay checks in advance of scheduled vacation pay by submitting a written request to the City's payroll Department at least two (2) weeks prism to starting their vacation. 3. Employees will be permitted to split their vacation dates at the discretion of the police Chief. ARTICLE IS EXTRA-DITTY POLICE IEMPLOYYM NT 1. Police Officers authorized by the Chief of Police to perform extra -duty police employment shall charge the vendor a minimum of $30.00 per hour. 2. Any employee who may be injured while acting in the scope of such employment shall be entitled to the same rights, privileges, benefits and workers' compensation as if on duty provided that such extra -duty employment is authorized by the Chief of Police. I 3. The parties agree to the fan-nation of a committee to promulgate recommendations for a fair and equitable system of allotting extra duty work. This Committee shall consist of members of the collective bargaining up-it (selected by the p13A), staff and management of the police department. ARTICLE 19 E14SURANCE BENEFITS The City agrees to pay for HMO health insurance for all employees covered by this agreement. Employees vtranting the optional PC5 or PPP 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. ARTICLE 20 HOURS OF WORK AND OVERTME 1. Forty (40) hours shall constitute a normal workweek for an employee covered by this Agreement. Nothing herein shall guarantee any employee payment for a forty (40) Dour workweek Mess the employee actrilly works forty (40) hours or their actual hours worked and their authorized compensated leave totals forty (40) hours or, except as provided in paragraph 3 below, and eight (8) hour day, shall be compensated at the rate of time and one -half of the employee's regular straight- time rate. All available overtime shall be off-eyed to bargaining urwt employees in order of seniority barring the existence of emergency or exigent circun^- instance that would not allow a reasonable amount of time to contact employees on a seniority basis. 2. Employees exceeding the number of unexcused sick- leave days, in accordance with Article 14, section 12 of this agreement, as determined by the Departmental Policy, shall not be able to use sick leave to comprose hours worked for overtime purposes for the remainder of the calendar year. 3. If an employee covered by this Agreement is called out to work- at a time outside their normal worldng hours, he shall receive a minimurn of three (3) hours' pay at the rate of time and one -half their regular- straight tune. However, an employee who has not worked a forty (40) hour workweek or an eight (8) hour day shall be compensated for the call out at their regular. straight -time rate. 4. Employees who are required to make off -duty court appearance as a subpoenaed witness in the federal or state courts or as a deponent in pending criminal, civil or traffic cases involving or arising out of the discharge of the employee's duties in the course of their employment with the City will receive a minimum of three (3) hours pay at the rate of time and one -half their regular straight -time rate. However, an employee w"tno has not worked a forty (40) hour workweek or an eight (08) hour day shall be compensated for the ofd duty appearance at their regular straight -time rate. Employees shall be allowed to retain witness and travel fees received for court and deposition appearances. 5. Insofar as possible, employees covered by this Agreement shall be given forty -eight (48) hours notice of any changes in their regular hours of work. Further, insofar as possible, the Department will avoid scheduling an employee to work on continuous shifts. Should an employee be scheduled to work, continuous shifts, their days of 17 may be adjusted withi the sane pay period by the Depa tment. Employees shall by given_ two (2) weeks notice of normal shift change. 6. No supervisor or official shall take action to cause the non- payment of overtime in circumstances wherein an employee covered by this Agreement has performed work, which entitles him to payment of overtime: provided that nothing herein shall restrict the City or the Department from altering vvorl- 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 deems appropriate to measure, record and/or verify attendance at and duration of off-duty coin appearances. Strict compliance with any procedure or system so instituted by the Department shall be a condition precedent to obtaining compensation for an ofd duty court appearance under Paragraph 4 above. 8. Compensatory time shall be administered in accordance with the following guidelines: (a) Compensatory leave may be accrued to a maximums of two hundred (200) hours. Current employees, on October 1, 1995, who have an accrual in excess of the current cap will be "gramdfathered" 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 200 hour cap. (b) Compensatory leave may be taken in unlimited blocks of time, provided operational needs have been meet, 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 cai of be met. (c) 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 armless an emergency situation as determined by the Chief of Police exists. ARTICL E 21 MANAGE NT PJGHTS 1. The Association and its mem. bees 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 runt to: A. Decide the scope of service to be performed and the method of service; B. Hire and/or otherwise detcn -fine the qualifications of employees and the criteria and standards for employment; C. Fire, demote, suspend or otherwise discipline employees for proper cause; D. Promote mid determine the quali-Ccatioms of employees; E. Lay off and/or relieve employees fi om duty due to lacy of work; P. Transfer employees from location to location and Lom time to time; G. Rehire employees; I-1. 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 descriptionns; 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 curtaih rent or discontinuance advisable; L. Contract and/or subcontract any existing or future work; M. Expand, 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 ennnployees covered by this Agreement; 0. Control the use of equipment and property of the City; P. Determine the number, location, and operation of headquarters, arnrsexes, 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 senwices to be provided to the public and the maintenance procedures, materials, facilities, and equipment to be cased, 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. Formulate, am, end, revise and implement policy, programs, miles 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 any one or more of the above functions from time to tune, this will not be deemed a waiver of the City's right to exercise any or all of such functions. ARTICLE 22 WORK STOPPAGES 1. The Association agrees that, under no circumstances, shall there be any work stoppage, strike, sympathy strike, safety strike, jurisdictional dispute, walkout, sit- down stay -in, sick -oast or any other concerted failure or refusal to perform assigned work for any reason whatsoever, or picketftng in the furtlserance of any of the above - prohibited activities, nor shall any bargaining unit personnel refuse to cross any picket line at any locations, whether the picketing is being dome by the Association or any other employee organizations or union. 19 2. The Association agrees that the City shall retain the right to discharge or crtherwise discipline sore or all of the employees participating in or promoting any of the activities enumerated in paragaph I above, and the exercise of such rights by the City will not be sabj ect to recourse under the grievance /arbitration process. 3. It is recognized by the parties that the activities enumerated in paragraphs I and 2 above, are contrary to the ideals of professionalism and to the City's co= unity responsibility. Accordingly, it is understood and agreed that in the event of any violation of their Article, the City shall be entitled to seek and obtain legal and/or equitable relief in any court of competent jurisdiction. 4. For the purpose of this Article, it is agreed that the Association shall be responsible for any act committed by its officers, agent, and/or representatives which act constitutes a violation of state law or the provision herein. In addition to all other rights and remedies available to the City under state law, in the event of a breach of the provisions herein, the City shall have the right to unilaterally and without Ruther notice terminate their collective bargainhig agreement, withdraw recognition from the Association,and-cease dues deductions. ARTECLE 23 AV*rARFJ')S 1. The City will endeavor to provide a l'orm al system of awards for various degrees of outstanding service. Employees selected as Officer of the Month or Supervisor of the Month shall receive official awards which are to be posted conspicuously in the Police Station and City Hall. Additionally, formal recognition of employee's exceptional service shall be placed in personnel files. ARTICLE 24 1WL17ARY LEAVE 1. 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 Arnried Forces or the State of Florida National Guard shall be entitled to military leave pursuant to Chapter 115.07, Florida Statutes. ARTICLE 25 AUTHORIZED USE OF PPJVAT- E AUTOMOBILE 1. Any employee authorized to use their private automobile in the perBormance 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 comm utinng to and ftom the regular duty station or for court appearances or case-related conferences. ARTICLE 26 BULL ET BOARDS 1. The City shall permit the Association to post notices of an information-al nature and names and addresses of officers, directors, and representatives of the Employee Organization on a 5' x 4' bulletin board in the squad room at the police station. A copy of each notice to be posted shall be transmitted to the Chief of Police or their designee prior to posting. Under no circumstances shall the Association tender for posting any notice training material tending to, directly or indirectly, disparage any 20 elected or appointed official or employee of the Cfty. An Officer of the Association shall sign each notice to be posted. ARTICLE 27 SEVERABILITY CLAUSE 1. 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 A i as Agreement. Furfliermore, should any provision of this Agreement become invalid, 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. ARTICLE 29 CONY ENTSATION All bargaining unit members shall receive a one percent (I%) across the board wage increase effective and retroactive to October 1, 2004. All bargaining unit members shall receive a two percent (2 %) across the board wage increase effective October 1, 2005. All bargaining unit members shall receive a three percent (3%) across the board the wage increase effective and retroactive to October 1, 2006. Special Risk Pay shall remain at $40.00 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 7% supplement 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 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 the wages of their acting rank for each Ul day worked in the higher rank. 3. Longevity pay shall be calculated based on the hourly rate of each bargaining unit employee. ARTICLE 29 PRO MBITI. ON AGTST RE-OPENTMTG OF NEN GOTTATIONS 1. 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 'W')Ch have been, or could have been negotiated by and between the parties prior to the execution of this Agreement. 21 ARTICLE 30 U11%UO1 S AND EQUTPAIENT 1. Em- ployees covered by this Agreement shall receive ftorn the City upon appoitrnenl, at no cost to the employee, a new uniform, which shall consist of the following: (a) One (1) long sleeve shirt; (b) Five (5) short sleeve shirts; (c) Five (5) pairs of trousers; (d) One (1) hat; (e) Badge and name tag; (f) Leather goods and accessories to include: but not be limited to: handcuffs and case, cartridge case, holster and hand held radio holder and (g) the appropriate quantity of shells; (h) One (1) jacket with zip-out lining; (i) Two (2) pairs police low quarter corfam shoes; Raingear; Upon employee's request, two pairs of uniform shorts shall be issued. The above items shall be replaced as needed, by the City, within a reasonable amount of time from the employee's written request. Such requests shall include the reason for replacement and is contingent upon approval of the Division Com mander via chain of command. 2. Employees who are required to wear non-issued clothing will receive a clothing allotment of $600 dollars annually. One-half (1/2) of said allotment will be paid on the pay day nearest the 15'h of December of each year and the other one-half (1/2) will be paid on the pay day nearest the 15th of June of each year provided that the employee is employed on said day. 3. Uniformed employees covered under this Agreement will receive a clothing allowance of $300 dollars annually. One-half (1/2) of said allotment will be paid on the pay day nearest the 15'h of December of each year and the other one-half (1/2) will be paid on the pay day nearest the 15th of June of each year provided that the employee is employed on said day. Any employee who receives a clothing /uniform allowance in advance who terminates employment, except for retirement, will have a prorated portion of that allowance deducted from the final paycheck. No final paycheck will be given the terminated employee until all city-owned property such as uniforms and equipment, ID, etc. has been returned to the City. 4. Each employee shall be provided with a bullet proof vest, as needed, in the sole discretion of the City. 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 a 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 persona, semi-autornatic weapons on duty are subject to the following conditions: - 22 1) The officer must complete transitional ft-air g prior to obtaining approaval to carry the firearm as provided for in Article 11.3 - TPtiAI1 ENIGI. 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 a =mm ition clip bolder 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 wa ith firearm. 8) Firearms and nnagazinnes shall be carried with Depa=ent issue am munition only. 9) The Department shall set forth the ma-nufactuurers 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 part of their uniform, a standard knife case, the furnish of which nxatches 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). ARTICLE 31 NON-PROMOTIONAL VACANCIES 1. 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 Departanerntal 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. ARTICLE 32 PHYSICAL EXATYRNATION AND WORKERS' COMPENSATION 1. Employees will receive an electrocardiogram, eye exam, and physical examination to inclu & alcohol and drug screen testing at least once a year (12 months) performed by a physician selected by the City or when requested by the City. Scheduling of the above will be at the discretion of the City, and the results vaill become part of the employee's permanent record. The City will undertake the cost of the examination and will furnish the employee with a copy of the examination report. 2. In the event of an on-the-job injury to an employee, not as a result of negligence by the employee, such employee will be carried at full pay and benefits for a period not to exeeed 1®® calendar days. 23 3. Any employee injured on the ,dab shall be paid the fall eight (g) hours wage for the day of the accident if their treating physician advises that he should not return to work- that day. 4. Employees covered by this agreement further agree that, in the interest of public confidence, there needs to exist a management right to submit employees at random and without notification for drug and alcohol testing. Said tests shall be in addition to the annual physical and may occur not more than one time per employee each year. 5. It is further understood and agreed that all issues pertaining to Drug and Alcohol Testing shall be governed by City of South Miami Dreg and Alcohol Policy and 'Work Rules implemented on March 1, 2004. ARTICLE 33 RETIREMENT BENTFI S 1. Each bargaining unit employee who retires on length of service or medical disability shall receive a one grade promotion and shall be issued a badge and identification card clearly marked "retired ". 2. The following changes in retirement benefits are hereby agreed to: (a) Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased f om 1.9 to 2.25 %; (b) Effective October 1, 1996, the benefit acct ual rate (multiplier) shall be increased from 2.25% to 2.50 %; (c) Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased from 2.50:'0 to 2.75%. (d) The multiplier factor to be applied at the time of retirement of each bargaining unit employee shall be applied as follows: 1. For all years of service prior to October 1, 199' ), the multiplier shall be 1.6 %. For services rendered during fiscal year 1993 -94 (October 1, 1993 through September 30, 1994), the multiplier shall be 1.8 %. For services rendered during October 1, 1994 tkough September 29, 1995, the multiplier shall be 1.9 %. II. For services rendered from October 1, 1995 throuugh. September 30, 1996, the multiplier shall be 2.25 %. III. For services rendered from October 1, 1996 throw September 29, 1997, the multiplier shall be 2.50 1/o. IV. For services rendered from September 30, 1997 forward, the multiplier shall be 2.75 %. 3. Bargaining unit employees shall be 100% vested in the retirement plain when completion of ten (10) years continuous fukll -time service in the retirement plan is completed. Accordingly, effective October 1, 1993, all bargaining unit emrnplcyees in the retirement plan who have, as of October 1, 1993, between ten (10) and twenty (20) years of continuous service will be 100% vested. 4. Effective October 1, 2001, the employee contribution to the retirement plan will be 7.5%. Should the total contribution be actuarially determined to exceed 15 %, both the City and the employees will share equally the excess amouant( should the total contribution be actuarially determined to be 17%, the City shall contribute a total of 8.5% and the employees shall contribute a total of 8.5 %). I 5. Eiffiecillre October 1, 2001, in accordance -MAII the new Provisions of State Statute governing Chapter 185 Funds, the sum of $12,498.00 vAll be paid from the Chapter 185 Police Retirement Bads to the South h6ami Police Pension Plan each year, regardless of the growth or diminution in faiture Chapter 185 funds in partial exchange for the 25 years of service and out benefit improvement to the pension plan. 6. The retirement plan is mandatory for all employees hired a-filer October 1, 1995. 7. Final average compensation shall mean the participant's annual compensation, as determined by the employer, acting in a uniform and nondiscriminatory manner averaged over the last three (3) year period ending on the participant's retirement date, date of disability, date of termmnation of employment, or date of temikation of the plan, whichever is applicable. 8. The normal retirement date (the earliest date a bargaining unit employee may retire with full unreduced pension benefits) is the completion of 25 years of credited service or attainment of age 60 and completion of 10 years of credited service. 9. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for active duty in the U. S. military service, up to a maximum of four (4) years in the South Miami Retirement System, pursuant to procedures to be promulgated by the City in consultation vdth the PBA. 10. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immediate past City service as a member of the bargaining unit up to a maximum of five (5) years in the South Miami Retirement System pursuant to procedures to be promulgated by the City in consultation vdth the PRA. The actuarial and technical language is to be prepared by actuarial company, approved by the City and the PISA, and adopted by the Pension Board. Any condition or impairment of health of any police officer caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total disability or death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence. ARTICLE 34 ERE ATIONAL INTCENTWE 1. The City agrees to bear the cost of tuition for specialized education courses to better equip the officers f ©r the performance of the particular job and/or position in which they are employed. 2. Every application for educational assistance shall be subject to the approval of the Chief of Police and the City Manager. Such approval must be obtained at least thirty (30) days prior to the beginning of any course. 3. If any application is approved, guidelines for reirdbursement are as follows: a) 50% reimbursement of the course cost for a grade. of "C" or baler for undergraduate courses; b) 50% reimbursement of the course cost for a grade of "B" or better for graduate courses; c) Any such reimbursement shall be made only upon submission of proof of the grades as provided in sub-sections a and b above; d) The credit hour cost of any courses approved shall be capped at the rate used by local publicly funded universities and/or comin, unity colleges. 25 4. EMPIOYees utilizing educational assistance must remain with the City for a period of at least two years following completion of any reimbursed course, or said money must be repaid to the City (amount rnay be deducted from final pay). ARTICLE 35 EYOLOYEE PREGNANTCY/MATER, rilTY LEAVE 1. An employee who becomes pregnant must notify the Chief of Police as soon as she receives a medical confirmation that she is pregnant. A pregnant employee is rea.uired to furnish a letter from her physician which will state the anticipated delivery date, the amount of 'Lime the employee may continue to work until the delivery and the types and limitations of duty to be performed by the pregnant employee. At the recommendation of the employee's physician, the pregnant employee may, in the discretion of the City, be placed on light duty status with the approval of the Chief of Police or their designee and the City Manager. In the event that a light duty position is not available at the police station, the pregnant employee may be utilized in other City of South Miami o-iffices at the discretion of the City Manager. The employee's rate of pay will remain the same. 2. Pregnant employees shall be granted disability leave on the sarne terms and conditions as granted for other non-pregnancy-related disabilities. Any bargaining unit employee who becomes pregnant shall be entitled to unpaid maternity leave. Such maternity leave shall be granted for a period of up top sbi (6) months. In the event that the pregnant employee has any accrued annual leave, sick leave or comp time, she may use all or any part of the accrued leave at her request in lieu of unpaid leave. ARTICLE 36 EYOLOYEE ASSISTANCE PROGRAM 1. The City and the PBA concur that an Employee Assistance Program (EAP) would be of great value in supporting the operations of the Police Department and to bolstering the welfare of the Department's law enforcement personnel. Therefore, it is agreed that the City Manager and the PBA unit representatives will meet, as needed, to develop an action plan to implement such a program that is responsive to the needs of the bargaining unit and is affordable to the City. ARTICLE 37 ABOLISM41ENIT OR MERGER 1. Whenever the abolishment or merger of the police department is contemplated, the Association shall be informed of such plans in advance and be given an opportunity to negotiate concerning the impact of such abolishment or.-Lnerger proposal upon this Agreement. 2. The abolishment or merger negotiations shall include discussion of provisions for the placement of personnel in other departments or, in the alternative, severance benefits. ARTICLE 38 AMERICANS WITH DISARELFFIES ACT 1. Notwithstanding any other provision of this Agreement, the PBA agrees that the City may take whatever actions may be necessary to comply with. the Americans with Disabilities Act or the Florida Civil Rights Act to provide reasonable accommodation to individuals with disabilities as required under those laws. To accomplish this, the City shall notify the PBA of the action it intends to take to comply with the ADA or OV the Florida CRA. If the PBA disagrees with the action contemplated by the City, the PBA shall immediately request negotiations with the City to resolve the issue and to determine the parties' mutual obligations to comply with these laws. However, any contention or claim that the City violated any provision of the Americans with Disabilities Act or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies, and shall not be subject to the grievance procedure herein. ARTICLE 39 TERM OF AGREEMENT 1. 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 September 30, 2007. City of South Mkmi��) IC Date: Date: Date: &119-1e, 5 Date; 0 Date: CD — d I--- C�5— ,—ATTEST: Date: /lJ Man .B1rts- Uooper, C mmissioner 'ilarla M. Menendez By: �.wct� Gtd"` 1 Date: I o /a� I ©, City ClerDate • l Gk�B Jam land, Attorney Cit o Miami By: Date: `Q JohifRivera, President Dade County PBA Bye -a , Date: 9 Z-3 - J e ; PBA Attorn By: Date: Ie9lop e Agustin Cas ro, PBA Representative ATTEST:_ City Clerk Date: 27 RESOLUTION NO. 90 -05 -12069 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 COLLECTIVE BARGAINING AGREEMENT BETWEEN MIAMI DADE COUNTY POLICE BENEVOLENT ASSOCIATION AND THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami seel-� to provide the highest levels of law enforcement protection and services for the citizens, residents, business and visitors of the City of South Miami; and VaIEREAS, a Collective Bargaining Agreement with Miami -Dade County Police Benevolent Association ( PBA), representing the sworn officers of the South Miami Police Department, is an integral component of this effort; and WHEREAS, the City Administration and the Miami -Dade Police Benevolent Association have successfully concluded negotiations on a new three -year contract which achieves these objectives; and WHEREAS, the Miami -Dade Police Benevolent Association has ratified the proposed contract. NOW, THEREFORE, BE IT RESOLVED TIC MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Collective Bargaining Agreement for 2004 -2007 between. the Miami -Dade County Police Benevolent Association and the City of South Miami, which is attached and herein incorporated by reference, is approved and the City Manager is authorized to execute said contract on behalf of the City; 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. This resolution shall take effect upon approval. M4 PASSED AND ADOPTED this 9 1 day of qli 2005.. ATTEST: i .l •_tea •� 9i' � �1,'q'`�,,�r�'�'.'��7 °`°CITY CLERK READ AND APPROVED AS TO FORM CIATTORNEY APPROVED - JR l COMMISSION VOTE: 4-0 Mayor Mary Scott Russell Yea Vice Mayor Velma Palmer Yea Commissioner Marie Brits - Cooper Yea Commissioner Craig Z. Sherar Yea Commissioner Randy G. Wiscombe absent 5 u INCORPORATm 1927 � • �tOAY�s� CITE' OF SOUTH MIAMI ENTER-OFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor DATE: July 19, 2 0 0 5 City Commission FROM: Maria V. Davis 1, ITEM No. City Manager RE: RESOLUTION: 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 COLLECTIVE BAR GAE TII*IG AC- REED/ ENT BETWEEN THE iUIIAlVIg -DALE COUNTY POLICE BENEVOLENT ASSOCIATION AND TIDE CITY OF SOUTH MLkM1; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. BACKGROUND & ANALYSIS Enclosed is the Collective Bargaining Agreement between the Miami -Bade County Police. Benevolent Association and the City of South Miami for fiscal years 2004 -2005 / 2005 -2006 / 2006 -2007. This tentative Agreement has been ratified by bargaining unit on June 23, 2005. RECOINLMENDATION I recommend approval. —paw 09aces 0/ 2701 PONCE DE LEON BOULEVARD SUITE 200 Coral Aaldeg, Rorldfa 33134 -6020 FAX (305) 448 -5685 TEL (305) 448 -567 2 DONALD D. SLESNICK If JAMES C. CASEY CERTIFIED IN LABOR EMPLOYMENT LAW FLORIDA SUPREME COURT BY THE FLORIDA BAR June 23 2005 CERTIFIED CIVIL COURT MEDIATOR donslesnick @sclip.com jimcasey0sclip.com To Whom It May Concern: Re: Certification of Ratification Vote On Monday, June 23, 2005 at 2:15 pra the secret ballots were counted regarding the ratification vote on the City of South Miami and Dade County Police Benevolent Association proposed 2004- 2007 Collective Bargaining Agreements The count of the secret ballots was as follows: TOTAL BALLOTS PRINTED 45 TOTAL BALLOTS DISTRIBUTED TOTAL ABSENTEE BALLOTS TOTAL BALLOTS COUNTED 3 TOTAL YES VOTES .32 TOTAL NO VOTES 7– TOTAL BALLOTS CONTESTED 0 BALLOTS DISTRIBUTED NOT CAST C/ UWE HEREBY CE Y the results of these ratifications as true and accurate and that the proposed con t wa s not ratified this 23rd day of June 2005. James C. Case Print Name ature Witness Signature South Miami n9 -lUne OCHY CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor and Members of the City Commission From: Maria V. Davis LS� City Manager Date: January /T, 2006 Agenda Item # 9 Re: PBA Collective Bargaining Agreement AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -DADS COUNTY POLICE BENEVOLENT ASSOCIATION AND THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Attached is the Collective Bargaining Agreement between the Miami -Dade County Police Benevolent Association and the City of South Miami for fiscal years 2004 -2005, 2005 -2006 and 2006-2007. This Agreement was ratified by the unit on June 23, 2005. The Agreement was presented to the Commission and approved via resolution at the July 19, 2005 Commission meeting. It is being brought back to the City Commission as an ordinance because at the December 20, 2005 Commission meeting staff was informed that multi -year contracts must be adopted as ordinances, not resolutions. Since the Collective Bargaining Agreement has already been executed by the City Manager based upon approval of the resolution, it is requested that this ordinance be approved. 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 personally appeared O. V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a 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 NOTICE TO PUBLIC HEARING - JANUARY 17, 2006 in the XXXX Court, was published in said newspaper in the issues of 01/06/2006 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 affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, r ate, commission or refund for the purpose of securing Vs advertise o publication in the said newspaper /-) Sworn to and subscribed before me this 06 d NUARY 2006 (SEAL) how Maria I. Mesa hnv O. V. FERBEYRE personally me Commission DD293855 pf Exlvres March 04'.200B meeting scheduled for Tuesday, January 17, 2006 beginning at 7 3o p.m: in the,CityCommtssion Chambers 6130. Sunset'Dnve.tobonslder, the ; following items: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION QF THE CITY,OF SOUTH�MIAMI.' FLORIDA; APPROVINGAND AUTHORIZING THE CITY,MANAGER TO EXECUTE A THREE..;.::; YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SOUTH MIA III,AND AMERICAN FEDERATION OF.STATE COUNTY AND MUNICIPAL EMPLOYEES AFL' : J CIO LOCAL 3294 (HEREINAFTER REFERRED: TO AS -AFS, CME;` PROVIDING POR SEVERABILITY PROVIDING `) ,FOR IN ..ORDANCES IN, CONFLICT; AND .PROVIDING AN EFFECTIVE DATE, -: AN ORDINANCEOF THE MAYOR AND CITY COMMISSION OF THE CIIY.OF SOUTH MIAMI, FLORIDA; APPROVING AND AUTHORIZING THE CITY "MANAGER TO EXECUTE, _THREE YEAR .COLLECTIVE BARGAINING,AGF3EEMENT BETWEEN THE-: MIAMI DADE COUNTY POLICE BENEVOLENT, ` ;;ASSOCIATION AND THE' :CITY OF SOUTH. MIAMI; PROVIDING FOR -$EVERABILITY PROVIDING - FOR ORDINANCES 'IN CONFLICT `'AND PROVIDING AN >`_ l EFFECTIVE DATE _ - �_ AN ORDINANCE.:OF THE MAYOR AND CITY COMMISSION .OF THE ;CITY OF -SOUTH ,MIAMI; FLORIDA, APPROVING AND AUTHORIZING_THE CITY MANAGER TO EXECUTE A THREE YEAR : COLLECTIVE .BARGAINI.NG AGREEMENT: BETWEEN '`: THE _MIAMI DA DE COUNTY :,POLICE -`' BENEVOLENT ASSOCIATION - .SUPERVISORY 'UNIT (LIEUTENANTS AND .< ,,. CAPTAINS) AND,THE CITY OF SOUTH MIAMI; PROVIDING FOR`SEVERABh:ITY ORDINANCES IN CONFLICT: AND AN EFFECTIVE DATE - AN ORDINANCE OF THE IVIAYOR AND ,CITY COMMISSION OF THE CITY 60. SOUTH MIAMI; FLORIDA; RELATING TO CONTRACTS;,:— :APPROVING A "LEASE < - =AGREEMENT s BETWEEN THE CITY AND THE SOUTH MIAMI CHILDREN S = ' ,CLINIC :;FOR. THE LEASE OF THE PHASE 1 BUILDING AT MURRAY PARK LOCATED 6701 SW t 58th PLACE,-."SOUTH MIAMI FLORIDA;. PROVIDING `FOR '- I;SEVERABILITY'' ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE Above items can be inspected in the Cltt Clerks Office Monday Friday during regular office hours If you have any Inquiries on the above items please contact the City Clerk's office at: 305- 663 - 6340.= 'ALL interested partles a're invited to attend and will be heard.4: Maria M Menendez CM i City Clerk Pursuant to Florida Statutes 286 0105 the City hereby advises the public'; that if a..person decides . to appeal ahy decision'made',b'' this Boa- rd„ Agency or.. ornmission with... respect to any matter considered at its:' meeting -or hearing, he or she will need a record of the proceedings, and that for such purpose, affected.person may need to einsure that a,verbatim: ,record of the proceedings is made which record includes the testimony; and evidence upon which the appeal is to:be based.`;- 1/6 ::. O6 3 28/625425M