14South Miami
NI- AmedcaCOy
CITY OF SOUTH MIAMI 1111v
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the Ci Commission
Via: Roger M. Carlton, Acting City Manag
From: Jeanette Enrizo, Human Resources M er
Date: January 14, 2010 Agenda Item No.:
Subject: Agreement between the City of South Miami and Miami -Dade County Police Benevolent
Association (POLICE LIEUTENANTS AND CAPTAINS).
Request: 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 AGREEMENT BETWEEN THE MIAMI -DADE
COUNTY POLICE BENEVOLENT ASSOCIATION COLLECTIVE BARGAINING UNIT
(POLICE LIEUTENANTS AND CAPTAINS) 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 Lieutenants and Captains) Collective Bargaining Unit and the City of South
Miami.
Background: This agreement covers the Police Lieutenants and Captains of the City of South Miami. A total of
(3) lieutenants and (3) captains make up the composition of the membership. The negotiation
meeting was very positive wherein both the Administration and the Collective Bargaining
Representatives of the Union managed to secure a three year agreement with the following
amendments for the existing agreement retroactive to October 1, 2009:
ISSUE: COMPENSATION AND WAGES FOR FISCAL YEARS 2009 THROUGH 2012:
During the budget hearings, the City Commission determined there would be no increases for
FY 09/10; however, since the current contracts have expired, under advice from Labor Counsel, it
was determined longevity adjustments and merit increases were negotiable. Merit increases have
been held in abeyance pending the outcome of the negotiations.
Both the City and the Association's bargaining team have agreed that during the first year of the
agreement (October 1, 2009 through September 30, 2010), no merit or cost -of- living increases will
be made. This provision shall automatically terminate on September 30, 2010 and revert back to the
current merit review system unless otherwise negotiated by the parties or modified by the statutory
impasse procedures contained in Chapter 447, Florida Statutes. The City and the Association agree
to reopen this Agreement no later than July 1, 2010 for the purpose of negotiating possible merit,
cost-of-living increases and longevity adjustments for FY 10 /11(2nd year) and 11/12 (3`d year) of the
agreement. Additionally, the City and the Association may each propose one additional economic
item and one non - economic item. The following is a breakdown of the cost to the City for the PBA
longevity, merit and cost -of- living adjustment, including fringe, as well as the savings for FY
09/10,
Cost
Savings
Longevity $ None $ None
Merit $ None $2,197
COLA $ None $ 6,100
ISSUE: PENSION EMPLOYEE/EMPLOYER CONTRIBUTION AMOUNTS:
Based on the information provided above, both the PBA bargaining team and the City agreed
that in lieu of receiving any merit or COLA for FY 09/10, we would partially offset what they
could have received in wages with a reduction in the pension contribution amount for the first year
of this contract. At the present time, both the City and the Police employees that are in the City's
Police Pension Plan contribute towards pension costs. This cost is determined by a yearly actuarial
valuation that is performed by the pension plan's actuary, Gabriel, Roeder and Smith. Since the
City will save approximately (2 %), by the PBA's agreement to forego COLA and Merit, we have
offered to use these savings to lower the employee's deduction for pension in a similar amount.
Both the City and the Association have agreed that in exchange for merit and COLA forbearance
during the first year of the agreement, effective October 1, 2009, the employee contribution to the
retirement plan shall be reduced from (13.1 %) to (11.1 %). This provision will automatically
terminate on September 30, 2010 and revert back to the former contractual language which reads as
follows: "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 amount (e.g., 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 %." The former contractual language will become effective as of September 30, 2010,
unless otherwise negotiated by the parties or modified by the statutory impasse procedures
contained in Chapter 447, Florida Statutes." In other words, we will reopen negotiations for merit
and COLA next year and in the third year as well.
It is further the intent of the City and the Association to reopen this Agreement no later than
thirty (30) days after the City Commission provides direction to the City's bargaining team
concerning the City's Ad Hoc Pension Committee's report, for the purpose of negotiating pension
issues and to be incorporated in the FY 10/11 City Budget. Essentially, this item acknowledges
that pension discussions are being held and agreed to as a re- opener that is timed to coincide with
the Ad Hoc Pension Committee recommendations and the City's FY 10/11 Budget cycle.
In addition, the bargaining teams have agreed to the following revisions to the contract language:
ISSUE: DECLARATION OF EMERGENCIES:
The employees that are covered by this unit are considered middle management and are
considered "EXEMPT" for purposes of Fair Labor Standards Act. In the instance that there is a
declared emergency through the State of Florida or the Mayor of Miami -Dade County, these
employees would be compensated for hours worked outside their normally assigned hours (over 40
hours a week). The PBA team and the City agreed to add this clause to their agreement for
declared emergencies only. The verbage added, will be as follows:
Should the Governor of the State of Florida and/or Mayor of Miami -Dade County declare an
emergency; an employee covered by this Agreement who is assigned to work outside his normally
assigned hours shall be compensated at the rate of time and one -half the employee's hourly rate of
pay for such hours actually worked outside their normally assigned hours during the aforesaid
declared emergency. The Association and each individual employee within the bargaining unit,
understands and agrees that they are exempt employees within the meaning of the Fair Labor
Standards Act and that any such payments received pursuant to this Article shall not affect their
exempt status under the Fair Labors Standards Act. Moreover, the Association and each individual
employee understands and agrees that they are not entitled to overtime payments of any kind other
than as described above.
It should also be understood by the City Commission that in nearly all cases of a declared
emergency, partial reimbursement of related expenses is provided by the State and/or Federal
governments.
ISSUE: VEHICLES AND SAFETY EQUIPMENT:
For many years, the issue of charging police personnel who are assigned a full -time vehicle has
been debated as it relates to fairness of utilizing the vehicle to travel to and from the employees
residence. The merit of assigning police vehicles to a single driver and reducing maintenance costs
has been proven over time. The agreement below resolves the issue of the distance of the drive and
the cost to tax payers by establishing zones. The resolution is fair to existing employees since they
will not have to pay the cost unless they currently reside within Miami -Dade County and decide to
move to one of the zones.
a) Effective October 1, 2009, employees who are provided a take -home vehicle who reside within
Miami -Dade County will not be charged a use fee.
b) Employees who are provided a take -home vehicle who reside between the southern City limit line
of Key Largo and the southern Miami -Dade County line will be charged a use fee of seventy -five
dollars ($75) monthly.
e) Employees who are provided a take -home vehicle who reside south of the southern City limit line
of Key Largo will be charged a use fee of one - hundred fifty dollars ($150) monthly.
d) Employees who are provided a take -home vehicle who reside in Broward County will be charged a
use fee of seventy-five dollars ($75) monthly.
e) Employees who are provided a take -home vehicle who reside north of the northern Broward
County line will be charged a use fee of one hundred fifty dollars ($150) monthly.
f) Employees employed prior to October 1, 2009, will not be charged pursuant to the above schedule.
g) Any employee, including these employed prior to October 1, 2009, will be subject to the applicable
use fee as outlined above should they move within one of the geographical areas requiring a use
fee.
ISSUE: GRIEVANCE AND ARBITRATION PROCEDURE:
Historically, a "coaching" was considered as part of the progressive discipline process. When
an employee would receive a "coaching," under the current Grievance and Arbitration Procedure —
Article 12 of the Collective Bargaining Agreement, the employee had the right to appeal the
"coaching."
It has been agreed by both the Association's bargaining team and the City that a "coaching"
will be deleted from the formal Grievance and Arbitration Procedure — Article 12 of the Collective
Bargaining Agreement. A "coaching" will still be utilized as a training tool instead of a
progressive discipline step. Through this mechanism, a "coaching" will not be made a part of their
personnel file. A copy of a coaching will only remain in the division file.
CONCLUSION: The extraordinary economic circumstances faced by all local governments
including the City of South Miami were clearly an underpinning of the FY 09/10 budget process.
As a result, the resources available to the Administration to enter into arms length bargaining with
the PBA were extremely limited. To their credit, the members of the PBA bargaining team were
cognizant of this limitation and while the negotiations were intense on both sides, an agreement has
been reached. Essentially by waiving the COLA and merit increases for FY 09/10, saving $ 8,297
for the City of South Miami for FY 09/10, it is fair to reduce the employees pension contribution by
a like amount. Although the $8,297 is less than the two (2 %) percent, due to the small number of
employees eligible for a merit increase, it was negotiated to grant the two (2 %) percent reduction to
be comparable with the PBA settlement. This results in an economic benefit for the members as
well as the City since the COLA historically and in better economic times had been much greater.
The re- openers recognize that pension reform is an important issue to both sides of the bargaining
table and that we must consider the potential for COLA, longevity and merit increases as part of the
budget/bargaining process in FY 10/11 and FY 11/12.
The issues included in the contract amendments have been longstanding for both the
bargaining unit members and management. Resolving these issues is important to provide a good
working environment for our employees. Finally, 1 wish to thank Major Michael Mills, Captain
Michael D'Angelo, Captain Lisa Corbin, Attorney Jim Casey and Attorney Jim Crosland who all
participated in the negotiations concluding in this recommended settlement.
Backup Documentation:
❑ Proposed resolution.
❑ Letter from attorney confirming ratification (pending).
❑ Proposed Collective Bargaining Agreement Fiscal Years 2009 through 2012.
RESOLUTION NO.:
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
AGREEMENT BETWEEN THE MIAMI -DADS COUNTY POLICE
BENEVOLENT ASSOCIATION COLLECTIVE BARGAINING UNION
(POLICE LIEUTENANTS AND CAPTAINS) 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 Lieutenants and Captains) 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 agreement which achieves these objectives; and
WHEREAS, the PBA has ratified the proposed agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The Mayor & City Commission approves the Collective Bargaining Agreement
for Fiscal Years 2009 -2012 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 _day of 2010.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
JL
MAYOR
COMMISSION VOTE:
Mayor Feliu
Vice Mayor Beasley
Commissioner Sellars
Commissioner Palmer
Commissioner Newman
AGREEMENT
BETWEEN
CITY OF SOUTH MIAMI
DADE COUNTY POLICE BENEVOLENT
ASSOCIATION
AND CAPTAIN
2009/2012
{M2291697; I }
PREAMBLE
This Agreement is entered into by the City of South Miami, Florida, hereinafter referred
to as the "Employer" or the "City" and the Dade 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 full agreement between the parties concerning rates of pay, wages,
hours of work and all other conditions of employment.
DECLARATION OF EMERGENCIES
Should the Governor of the State of Florida and/or Mayor of Miami -Dade County declare
an emergency' an employee covered by this Agreement who is assigned to work_ outside
his normally assigned hours shall be compensated at the rate of time and one -half the
e_mplovee's hourly rate of pay £or such hours actually worked outside their normally
assigned hours during the aforesaid declared emergency. The Association and each
individual employee within the bargaining unit understand and agree that they are
exempt employees within the meaning of the Fair Labor Standards Act and that any such
payments received pursuant to this Article shall not affect their exempt status under the
Fair Labors Standards Act Moreover, the Association and each individual employee
understands and agrees that they are not entitled to overtime payments of any kind other
than as described above.
ARTICLE I. 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 Lieutenant and Police Captain, but excluding all other employees of the City of
South Miami, including the Chief of Police, Assistant Chief of Police, Police Major,
Police Sergeant and Police Officer.
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, sex, marital status or national origin. All
reference 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.
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
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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 the 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.
ARTICLE 4. ASSOCIATION REPRESENTATIVES
1. One member of the Association shall be allowed to attend bargaining sessions for the
purpose of renegotiating 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 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 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.
ARTICLE 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 representatives 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, on a semi - annual
basis, a complete roster of the bargaining unit, including name, rank, address,
telephone number, social security number and current pay scale.
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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 request 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.
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.
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 file.
ARTICLE 7. INTERNAL INVESTIGATION 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
direction 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 and 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 the
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 immediate action is required.
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_ City
B. The employee under investigation shall be informed of the nature of the
investigation prior to any interrogation, and he shall be informed of the name
of all complainants, if known to the Department.
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
one (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 who 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 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, 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
non-governmental agency unless under proper court subpoena.
L. The City agrees that no adverse action will be taken against any employee
who exercises the rights provided for in this Article.
M. An employee who is criminally charged in any jurisdiction with a felony or a
serious misdemeanor including 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.
N. Upon conclusion of an internal review investigation, employees, designated as
subjects, shall be given a written disposition of said investigation.
O. Not sustained or unfounded letters of complaint from citizens will not be
inserted into an officer's official personnel record.
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city
P. The charge of "conduct unbecoming" and all similarly vague charges will not
be used by the City unless further substantiated by specific charges.
Q. 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 Iess, however the exercising
of such option will waive the right to otherwise appeal the discipline.
ARTICLE 8 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 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. Effective October 1, 2009,
a.
Employees who are plovided a take -home vehicle who reside within Miami -
Dade County will not be charged a use fee.
b.
Employees who are provided a take -home vehicle who reside between the
southern City limit line of Key Largo and the southern Miami -Dade County
line will be charged a use fee of seventy -five dollars ($75.00) monthly.
c.
Employees who are provided a take -home vehicle who reside south of the
southern City limit line of Key Largo will be charged a use fee of one- hundred
fifty dollars ($150.00) monthly.
d. Employees who are provided a take -home vehicle who reside in Broward
County will be charged a use fee of seventy -five dollars ($75.00) monthly.
e.
Employees who are provided a take -home vehicle who reside north of the
northern Broward County line will be charged a use fee of one hundred fifty
dollars ($150.00) monthly.
f. Employees employed prior to October 1 2009 will not be rg ed pursuant to
the above schedule.
g
Any employee, including these em to ed nrior to October 1 2009 will be
subject to the applicable use fee as outlined above should they move within
one of the geographical areas requiring a use fee.
ARTICLE 9. PROMOTIONS REMOVAL AND SENIORITY
1. Employees in the ranks of Lieutenant and Captain serve at the will and pleasure of
the Chief of Police. Accordingly, promotions to and removal of employees from
the ranks of Lieutenant and _captain for non - disciplinary reasons shall remain
within the sole discretion of the Chief of Police.
2. In the event of such removal, the employee will revert to his/her last tested rank
and will be credited with the seniority accrued as a Lieutenant or Captain.
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ARTICLE 10. TRAINING
1. 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.
2. The City agrees to pay for any course at the School of Justice, Miami Dade 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.
3. 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 10.2. 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 28. The
City agrees to provide ammunition for firearms training.
4. The City agrees to sponsor and encourage members of this unit to attend and
participate in management level training, upon approval of the Chief of Police and
within the budgetary constraints of the City.
ARTICLE I1. 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 this 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 1: The employee shall first take up their grievance with the Chief of
Police 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. The grievance shall be
reduced to writing and shall be discussed by and between the employee (or the
representative of the Association and the employee) and the Chief of Police
within ten (10) calendar days of the presentation of the grievance. The Chief of
Police, shall within ten (10) working days after such discussion (or such longer
period of time as is mutually agreed upon), render his decision in writing, with the
copy to the Association;
STEP 2: In the event the employee is not satisfied with the disposition of the
grievance in Step 1, he shall have the right to appeal the Chief of Police's decision
to the City Manager 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,
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requesting that the Chief of Police's decision be reversed or modified. The City
Manager shall, within fifteen (15) working days of the appeal (or soiree longer
period of time as is mutually agreed upon) render a decision in writing with a
copy to the Association.
4. Where a grievance involves discharge, suspension or disciplinary demotion invoked
by the City, such grievance shall be filed at Step 2 within ten (10) calendar days from
the date the employee receives the discipline notice.
5. In the event a grievance processed through the grievance procedure has not been
resolved at Step 2 above, either party may request that the grievance be submitted to
arbitration within fifteen (15) calendar days after the City Manager 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 nine (9) names from which each party
shall have the option of striking four (4) names in alternating fashion, thus leaving the
ninth, which will give a neutral or impartial arbitrator. The party requesting
arbitration will strike the first name. Either party may reject up to two (2) arbitration
panels in any given case.
6. 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 this collective bargaining
agreement be construed by the arbitrator to supercede applicable laws in existence at
the time of signing of this Agreement, except to the extent as specifically provided
herein.
7. 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.
8. The parties shall make their choice of the impartial arbitrator within seven (7)
calendar days after receipt of the panel from the American Arbitration Association.
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.
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City
ARTICLE 12. HOLIDAYS
1. The below- listed paid holidays shall be granted under the following conditions
I
January I
New Year's Day
2)
3`d Monday of January
Martin Luther King's Birthday
3)
3`d Monday of February
President's Day
4)
3`d Monday of May
Memorial Day
5)
July 4
Independence Day
6)
1St Monday of September
Labor Day
7)
November 11
Veteran's Day
8)
Forth Thursday in November
Thanksgiving Day
9)
Friday after Thanksgiving
10)'
/z day December 24
Christmas Eve
11)
December 25
Christmas Day
12)
Birthday
After 1 year continuous service
13)
Floating Holiday
Afterl year continuous service
2. Where observance of these holidays may interfere with the work schedule, such
observance on an alternate date may be made at the department head's discretion,
with the approval of the City Manager. If an employee is required to work on a
holiday, the employee shall have the right to take an otherwise regular work day off
with the approval of the Chief of Police.
3. 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. These alternate
observances of holidays shall occur as long as there is acceptable police coverage of
the City.
ARTICLE 13. 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 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.
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5.
6.
7
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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.
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.
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. Sick leave donated to assist other employees in need shall not be counted
against the donating employee for the purpose of conversion to vacation.
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.
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 Chief of
Police 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. Chief of Police 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 Chief of Police, shall result in the absence being charged to
the vacation leave of the employee and possible disciplinary action.
Employees hired prior to October 1, 1995, who voluntarily terminate 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%
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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.
ARTICLE 14. FUNERAL LEAVE
1. Employees covered by this Agreement shall be entitled to funeral leave with pay up
to a maximum of four (4) work days in the event of a death in the employee's family.
Two (2) additional days of leave shall 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 -in -laws, 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.
ARTICLE I5. LEAVE OF ABSENCE
1. "No Pay" leave may be granted by the City Manager in his or her discretion for a
period not to exceed six (6) 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 non-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.
1 "No Pay" leave granted to any employee shall not 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 job position for which said employee
qualifies. If placed in another job position, said employee shall be entitled only to the
wage scale for such new position. If no job position is available, the City will give
priority to said employee as soon as a new job position for which the employee
qualifies, is available.
ARTICLE 16, VACATION LEAVE
1. The term "Vacation Leave" shall be used to designate leave with pay granted to an
employee on the following prorated basis:
Years of Uninterrupted Service Amount of Vacation
1) 1 to 5 years inclusive 2 -2/5 weeks or 12 working days*
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2) 6 to 14 years inclusive 3 weeks or 15 working days
3) 15 to 19 years inclusive 3 -3/5 weeks or 18 working days
4) 20 years and over 4 -1/5 weeks or 21 working days
(a) Vacation shall require approval of the Chief of Police or their designee, and at
no time shall an employee be allowed to use more vacation leave than has been
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 prior to starting their vacation. Must be preapproved by the City Manager.
3. Employees will be permitted to split their vacation dates at the discretion of the Chief
of Police.
ARTICLE 17. EXTRA -DUTY POLICE EMPLOYMENT
1. Police officers authorized by the Chief of Police to perform extra -duty police
employment shall charge in accordance with the Miami -Dade Police Department's
extra duty rate table.
2. Any employee who may 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.
3. The parties agree to the formation of a committee to promulgate recommendations for
a fair and equitable system of allotting extra duty work. The Committee shall consist
of members of the collective bargaining unit (selected by the PBA), staff and
management of the police department.
ARTICLE 18. 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.
ARTICLE 19. MANAGEMENT RIGHTS
1. 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:
Page 13 of 22
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A. Decide the scope of service to be performed and the method of service;
B. Hire and/or otherwise determine the qualifications of employees and the
criteria and standards for employment;
C. Promote and/or remove employees from the ranks of Division Commander,
Lieutenant and Captain for non - disciplinary reasons within the sole discretion
of the Chief of Police;
D. Terminate or otherwise discipline employees for just cause;
E. Promote and determine the qualifications of employees;
F. Lay off and/or relieve employees from duty due to lack of work or budgetary
constraints.
G. Transfer employees from location to location and from time to time;
H. Rehire employees;
I. Determine the starting and quitting time and the numbers of hours and shifts
to be worked.
J. Determine the allocation and content of job classifications;
K. Formulate and/or amend job descriptions;
L. 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;
M. Contract and/or subcontract any existing or future work;
N. Expand, reduce, alter, combine, assign, or cease any job;
O. Determine whether and to what extent the work required in its operation shall
be performed by employees covered by this Agreement;
P. Control the use of equipment and property of the City;
Q. Determine the number, location, and operation of headquarters, annexes,
substations and divisions thereof;
R. Schedule and assign the work to the employees and to determine the size and
composition of the work force;
S. 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;
T. Take whatever action may be necessary to carry out the mission and
responsibilities of the City in emergency situations;
U. Formulate, amend, revise and implement policy, programs, rules and
regulations;
V. 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.
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3. If the City fails to exercise any one 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.
ARTICLE 20, 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 -out or any other concerte& failure or refusal to perform assigned
work for any reason whatsoever, or picketing in the furtherance of any of the above -
prohibited activities, nor shall any bargaining unit personnel refuse to cross any
picket line at any location, whether the picketing is being done by the Association or
any other employee organization or union.
2. The Association agrees that the City shall retain the right to discharge or otherwise
discipline some or all of the employees participating in or promoting any of the
activities enumerated in paragraph I above, and the exercise of such rights by the
City will not be subject to recourse under the grievance /arbitration process.
3. It is recognized by the parties that the activities enumerated in paragraphs 1 and 2
above, are contrary to the ideals of professionalism and to the City's community
responsibility. Accordingly, it is understood and agreed that in the event of any
violation of this 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 further
notice terminate their collective bargaining agreement, withdraw recognition from the
Association, and cease dues deductions.
ARTICLE 21, AWARDS
The City will endeavor to provide a formal 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 22. MILITARY LEAVE
The City shall abide by any and all statutory rights employees who are also members of
the United States military are entitled to.
ARTICLE 23. 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
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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.
ARTICLE 24. BULLETIN BOARDS
The City shall permit the Association to post notices of an informational 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 elected or
appointed official or employee of the City. An officer of the Association shall sign each
notice to be posted.
ARTICLE 25. SEVERABILITY 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.
ARTICLE 26. COMPENSATION
1. Employees covered by this agreement shall receive no across the board (COLA)
increase for FY 09/10.
2. Employees covered by this agreement shall receive no merit increases during fiscal
year 2009-2010. This provision shall automatically terminate on September 30,
2010 and revert back to the current merit review system unless otherwise negotiated
by the parties or modified by the statutory impasse procedures contained in Chapter
447 Florida Statutes.
3. The City and the Association agree to reopen this Agreement no later than July 1,
2010 for the sole purpose of negotiating possible cost -of- living merit and longevity
adjustments Additionally, the City and the Association may each propose one
additional economic item and one non - economic item.
4. The City and the Association agree to reopen this Agreement no later than July 1,
2011 for the sole purpose of negotiating possible cost -of- living merit and longevity
adjustments Additionally, the City and the Association may each propose one
additional economic item and one non - economic item.
Special Risk Pay shall remain at $40.00 per pay period for term of this contract.
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ARTICLE 27. PROHIBITION AGAINST REOPENING OF NEGOTIATIONS
Except as specifically provided herein, neither party hereto shall be permitted to reopen
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.
ARTICLE 28 UNIFORMS AND EQUIPMENT
1. Employees covered by this Agreement shall receive from the City upon appointment,
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;
0) Raingear;
(k) 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 Commander 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 15th 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 15th 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.
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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 confonn 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 10.3 - 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 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 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).
ARTICLE 29. PHYSICAL EXAMINATION AND WORKERS' COMPENSATION
BENEFITS
1. Employees will receive an electrocardiogram, eye exam, and physical examination to
include 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 will 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. 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.
3. It is further understood and agreed that all issues pertaining to Drug and Alcohol
Testing shall be governed by City of South Miami Drug and Alcohol Policy and
Work Rules implemented on March 1, 2004.
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ARTICLE 30. RETIREMENT BENEFITS
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. Bargaining unit employees shall be 100% vested in the retirement plan when
completion of ten (10) years continuous full -time service in the retirement plan is
completed. Accordingly, effective October 1, 1993, all bargaining unit employees 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.
1. F-ffiertivp. October 1,
7 SO/ �
City nd the
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8.51% aiid the °
3. Effective October 1 2009 the employee contribution to the retirement plan shall be
reduced by 2% This provision shall automatically terminate on September 30, 2010
and revert back to the language contained in Paragraph 3(a) below (current
contractual language) unless otherwise negotiated by the parties or modified by the
statutory impasse procedures contained in Chapter 447 Florida Statutes.
a) 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 amount (e.g.,
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 %1.
4. Effective October 1, 2001, in accordance with the new provisions of State Statute
governing Chapter 185 Funds, the sum of $12,498.00 will be paid from the Chapter
185 Police Retirement funds to the South Miami Police Pension Plan each year,
regardless of the growth or diminution in fixture Chapter 185 funds in partial
exchange for the 25 years of service and out benefit improvement to the pension plan.
5. The retirement plan is mandatory for all employees hired after October 1, 1995.
6. 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 termination of employment, or date of termination of
the plan, whichever is applicable.
7. 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.
8. Employees covered by this Agreement shall be allowed to apply for permission to
purchase credit for active duty in the U. S. military service or prior sworn law
enforcement 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 with the PBA.
9. 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
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to a maximum of five (5) years in the South Miami Retirement System pursuant to
procedures to be promulgated by the City in consultation with the PBA. The actuarial
and technical language is to be prepared by a certified company agreed to by the City
and the PBA, 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.
10. Attached hereto and incorporated by reference herein, is Ordinance 16 -08 -1951
adopted May 20, 2008, entitled "Pension Plan."
11. The City and the Association agree to reopen this Agreement no later than thirty (30)
days after the City Commission provides direction to the City's bargaining team
concerning the City's Pension Reform Committee's resort for the sole purpose of
negotiating pension issues.
ARTICLE 31. EDUCATIONAL INCENTIVE
1. The City agrees to bear the cost of tuition for specialized educational courses to better
equip the officers for 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 reimbursement are as follows:
a) 50% reimbursement of the course cost for a grade of "C" or better for undergraduate
courses;
b) 50% reimbursement of the course cost for a grade of `B" or better for graduate
courses;
1. Any such reimbursement shall be made only upon submission of proof of the
grades as provided in sub - sections a and b above;
2. The credit hour cost of any courses approved shall be capped at the rate used
by local publicly funded universities and/or community colleges.
3. Employees 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 may be deducted from final pay).
ARTICLE 32. EMPLOYEE PREGNANCY/MATERNITY 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
required to furnish a letter from her physician which will state the anticipated delivery
date, the amount of time 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
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City of South Miami offices 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 same 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 to six (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 33. EMPLOYEE ASSISTANCE PROGRAM
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 34. ABOLISHMENT OR MERGER
I. 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 merger proposal upon this
Agreement.
1 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 35. AMERICANS WITH DISABILITIES ACT
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 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.
Page 21 of 22
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City
ARTICLE 36. TERM OF 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 September 30, 200912.
THIS AGREEMENT signed this day of 2012.
CITY OF SOUTH MIAMI
By:
Roger M. Carlton, Acting City Manager
Approved as to form:
By:
By:
Date:
James Crosland,
Bryant, Miller, Olive, P.A.
Labor Counsel to the City of South Miami
Dade County Police Benevolent Association
James C. Casey, Attorney
Lisa Morton, Captain
Date:
Date:
Page 22 of 22
PBA
_ City
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