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14INTER- OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City mmission Via: Hector Mirabile, Ph.D., City Manager 111�fl � From: LaTasha Nickle, Human Resources Director Date: September 6, 2011 Agen a Item No.: Subject: Contract between the City of South Miami and Miami -Dade County Police Benevolent Association (Police Officers and Sergeants). A Resolution of the Mayor and City Commission of the City Of South Miami, Florida, Approving and Authorizing The City Manager To Execute A Three Year (October I, 2010 — September 30, 2013 ) Agreement Between The Miami -Dade County Police Benevolent Association Collective Bargaining Union (Police Officers And Sergeants) And The City Of South Miami; providing for an effective date. Request: To approve a three year agreement between the Miami -Dade County Police Benevolent Association (Police Officers and Sergeants) Collective Bargaining Union and the City of South Miami. Background:This agreement covers the Police Officers and Sergeants of the City of South Miami. A total of (37) officers and (4) sergeants make up the composition of the membership. The negotiation sessions were very productive and the parties were able to reach an Agreement on the terms and conditions of a three -year Collective Bargaining Agreement; effective October I, 2010 through September 30, 2013. The major highlights of the CBA are set forth below: Article 8 Shifts: Clarifications were made to the determination of seniority within rank and seniority within specialized units. Seniority continues to be a primary factor in the semi- annual bidding process for shift assignments and days off, among other issues within the Police Department. Article 9 Vehicles and Safety Equipment The City and the Association agreed that Take Home Vehicle usage and assignment will be governed by the Take Home Vehicle Policy. Each officer assigned a take home vehicle will be responsible for the cost of scheduled oil changes for the assigned vehicle as set forth in the Policy. Article 12 Grievance and Arbitration Procedure In instances where an employee grievance progresses to the Arbitration stage, the City and the Association agree that the parties will first attempt to select an arbitrator from qualified individuals known to the parties. In the event that the parties are unable to agree, the parties will request a qualified panel from the Federal Mediation and Conciliation Service (FMCS). The final selection shall be made by rank ordering the panel until the arbitrator is decided. Article 13 Holidays Employees covered by the Agreement will earn an additional Floating Holiday (For a total of 2) after the first full year of service. Additionally, covered employees who are required to work on the City's recognized holidays shall receive an additional eight (8) hours of pay or compensatory time at time and one -half their straight time rate of pay. Article 18 Extra Duty Police Employment All extra -duty assignments shall be governed by the Extra Duty Policy established by the Chief of Police. Extra Duty compensation is non - pensionable and is not subject to pension contribution deductions. Article 20 Hours of Work and Overtime The parties agree that only hours actually worked shall be counted toward the number of hours for purposes of calculating overtime. Officers will continue to be credited with three hours of actual work for call backs or off -duty court appearances. However, in the event that an officer is required to hold over for any reason within one hour of his regular shift, he or she shall be compensated for the actual number of hours worked. The maximum number of Compensatory Leave a covered employee may accrue is increased to 240 hours. Article 28 Compensation Employees covered by this Agreement shall receive a one (1) time bonus equivalent to 2% of their base salary in FY 2011 which will not be subject to pension final average calculation and /or contributions. Special risk pay is increased to $50 per hour. Covered employees shall be entitled to shift differential pay as follows: police officers $0.35/ hour (afternoon shift) or $0.50/ hour (midnight shift); sergeants assigned to uniform patrol $0.45 (afternoon shift) or $0.60 (midnight shift). The shift differential pay is not tied to base for overtime and pension calculations. Covered employees shall receive $0.50 /hour incentive pay for assignment to the following specialized units: Motors, G.I.U., S.I.U., and K -9. This pay is not included in base pay for pension and overtime calculations. Article 33 Retirement Benefits Final average compensation has been revised to mean the participant's annual compensation, average over the last best five (5) years of the participant's career with the best 5 -years as defined as best 5 — 26 consecutive pay periods within a participant's career and such consecutive year periods shall not overlap one another, opposed to the current language which uses the participants final three years. Upon ratification of this Agreement, the maximum amount of overtime hours for pension calculations for anyone fiscal year shall not exceed 300 hours. The day following the ratification of this Agreement any accumulated time which is eligible for payout upon separation from employment with the City shall remain eligible for pension calculations and subject to pension contributions upon payout. Any accumulated time that is eligible for payout after the ratification of this Agreement will be considered new accumulated time. Any and all new accumulated time, eligible for payout upon separation from employment with the City, shall not be eligible for pension calculation or subject to pension contributions (Expense Backup Documentations LI Proposed resolution. ❑ Letter from attorney confirming ratification. ❑ Proposed Collective Bargaining Agreement Fiscal Years 2010 through 2013. Fiscal Year Article Description 2011 2012 2013 TOTAL 13 Holidays Floating Holiday 9,105 9,105 9,105 27,315 13 Holidays Holiday Pay (time & half) 5,717 5,717 5,717 17,151 28 Compensation 2% Bonus 48,621 0 0 48,621 28 Compensation Special Risk Pay 11,180 11,180 11,180 33,540 28 Compensation Shift Differential 11,024 11,024 11,024 33,072 28 Compensation Specialized Unit 10,400 10,400 10,400 31,200 Total cost of the Collection Bargaining Agreement over the three year period 190,899 Backup Documentations LI Proposed resolution. ❑ Letter from attorney confirming ratification. ❑ Proposed Collective Bargaining Agreement Fiscal Years 2010 through 2013. I RESOLUTION NO.: 2 A Resolution of the Mayor and City Commission of the City Of 3 South Miami, Florida, Approving and Authorizing The City 4 Manager To Execute A Three Years (October 1, 2010 — 5 September 30, 2013 ) Agreement Between The Miami -Dade 6 County Police Benevolent Association Collective Bargaining 7 Union (Police Officers And Sergeants) And The City Of South 8 Miami; providing for an effective date. 9 WHEREAS, the Mayor and City Commission of the City of South Miami seek to 10 provide the highest levels of law enforcement protection and services for the citizens, 11 residents, businesses and visitors of the City of South Miami; and 12 WHEREAS, a Collective Bargaining Agreement with the Miami -Dade County 13 Police Benevolent Association (PBA), representing (Police Officers and Sergeants) of 14 South Miami Police Department, is an integral component of this effort; and 15 WHEREAS, the City Administration and the PBA have successfully concluded 16 negotiations on a new three year contract which achieves these objectives; and 17 WHEREAS, the PBA has ratified the proposed contract. 18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 20 Section I: The Mayor & City Commission approves the Collective Bargaining 21 Agreement for Fiscal Years 2010 -2013 between the Miami -Dade County Police 22 Benevolent Association and the City of South Miami, and authorizes the City Manager to 23 execute the agreement. 24 Section 2: If any section clause, sentence, or phrase of this resolution is for any 25 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 26 shall not affect the validity of the remaining portions of this resolution. 27 Section 3: The attached exhibit is incorporated by reference into this resolution. 28 29 PASSED AND ADOPTED this _day of 2011. 30 31 ATTEST: APPROVED: 32 33 34 CITY CLERK MAYOR READ AND APPROVED AS TO FORM COMMISSION VOTE: CITY ATTORNEY Mayor Stoddard Vice Mayor Newman Commissioner Beasley Commissioner Harris Commissioner Palmer 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 MARIA MESA, who on oath says that he or she is the LEGAL CLERK, 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 PUBLIC HEARING FOR SEPTEMBER 6, 2011 in the XXXX Court, was published in said newspaper in the issues of 08/26/2011 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securino this- ertise or publication in the said and subscribed before me this 26 day of AUGUST , A.D. 2011 (SEAL) MARIA MESA personally known to me Notary Public State of Florida Cheryl H. btarmar My Commission DD793490 or _`co-` Expires 0711812012 Maria M. Menendez CIVIC . City Clerk Pursuant to Florida-Statutes 286.0105, the City . hereby advises the public that if a person decides to appeal any decision made by this Board, Agencyor commission with respect to any matter considered at its meeting or hearing, he or she will heed -a record of the proceedings, and that for such purpose, affected person may need to ensure that 6 verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 8/26 - - 11- 3- 111/1745233M B q O" w `m qo "' to ° q C 5 $ �..-n tl 6 ril - b ° , yv O v a . o, 'G O O v a •Bu - H g o 0 -- i -n .d ° ' b °o b � •O � a w v v B w v n.ovo.x� >„weu v`�9aa.a.`�o °'�H•5 ag v �y•'«�v'�r��£ u°' :'raw o,..x .a w�k.�& .055• >,r«°O.� °•��e+ °. �c•5'ooq aE�—, •(�j z 0 .-] oU ,pv,.oE wN °�N+a�O.a �C ro .q°•5 >,o 3o vwwo., o u T v$a 5 "Id W"k P.0 p� �°'.°n'� m.." y �b y�OO S�aVi pti'Sw � �y`�du "'v v'^o d•O a o•B �'aovwz ro.5 .5 s°.�uuw �.nu�'•dugA o,8.� 'S� py�O" � OpN O�i v a.5 �'u'�uv °vp vqu iw2T °'a a)p�pOR Ndt9Ytl A44 �jO �•�� w� N Pin m «o,v, vY..Yvo•5�.�u u ma$ipp �v c.o vxN >^ooq oe. ma va v;e59 $v v•�����'a>��'5o m�� 'S p,��w5o•a5, aglq m.�w �ci�pH vay.ly� �•� '�oP'o i0n m'q °o �.c"E. ��q� v .�. mw�.am oao vury�. .�.5•c v oggu y'C.D �� �A mw�yy��o ciA O°�P..p6 y e90 ob pvpv U v`r.�w��c7 q.°. •90�'o �'�oa �;; .5�vp�� »w•Ho av o'�u'$ °vtiv °'boo °.5.$00. HE -' .q •5 3'�' � 3 � 5 � u ° a -5v .S c`"+ °o w ? u °° g vm� Ey T°v." Ov,y p emu° OOw+ 05 1 a c3 w y w � 7 O� N 3'°V � •tl0 1�•l ro q v b v'G G •O box N b'�ot1w w�' d SNP tai � •6 � eV1 v O •� o d w F 0 2 y ��< '3.5 • s 3 � v O ^yy (7'•n W OOGOygO �•y C v �c' v al'�Ci �oz P C O.O w 0 ,y wv 4ptl'q�� •ri V wv 5:., q v 3 v �+w 6 � ays C4 ;MHO �a8 Od° - _ m _ vI 'fie §yE� - a I si ., g _ FO a ul R ¢Mill mD �� ays Od° - _ m -9 ° E w� 3 E c� E e y 9 O `= d 'o m ` o� d E a°i a o, 8 d. P E'. K o° a_ d� o T aLY a - O i. S c'A m - o t Afi. '" �N Eat 16 xi3 Sao dcm tP o�O dc'm' s o a S ��8d °zFFi \'�I n°b'nc AGREEMENT BETWEEN CITY OF SOUTH MIAMI FIRM DADE COUNTY POLICE BENEVOLENT ASSOCIATION POLICE OFFICERS AND SERGEANTS OCTOBER 1, 2001 - SEPTEMBER 30, 2013 PBA city Table of Contents ARTICLE1Z AIMCLID,23 A"C"14 A9TPQ&X2j A 27 ARTiett" Ru wbrr ..... . ...... ARM!t29 PROD UBATIO-W AGAINST RE' AOPE N1N.GOFj,'NEcG0T1ATI 0 NS, ........ 42 ARTIM30 lf��" ANOF, ...... . . ..... - ................ . ......... „.::43i ART11MR3t NON-1P .. .... 45 , , , ROMOTMAL ARTICLE 32 PHY—SICALSUMINATION, AND WO .................. .... AIMM” MURPMON'T'AU AFFITS ............ ...r ......... — ....... .........:47' A OLINC - Q ,ftT,,,C 34 1N-,PUC*--T1ON OT .... .. --- ............ 5 , f,; I ENZI')LOYMIIREG EMPLOYEE ASSISTANCE,,'-PRO."CkRAM, ....... i ...... .A,JW,l,,O A, 'Will! D!9ARfjUTW(,9A T,.,.,,., .. . . ..... ......... . M ARUCLE-319 ......... 5'$ 71 �z 9w ........................ ---, ........... ARTICLE I RE, COGNITION ........ WI"�2 NONt - DJSCRIMMATION t AA' ftCKOFT ....... ---- .............. -- ............ - ...... AItTICL 4 A$$,OCIATIONItUiVRESE'NT-,ATIVES"... ..................... A..... MM,C*JbV',-6 . ...... PERSONNEL RE CORDS ARMCLA, 1 ..... INTE AN," AL AFFAIRS PAIRS INVEST IGA-T.16N AND 0 BLIGA, TION TWmill ... ....... ........ -, ......... ............... -- ....... ARTICLE VS 13 AR`TIC% -O VEHICLES AND ISAFE TX EQVIPMENT.,,, ...... 16 01, M'", t, i 0 PikomouUNS.- ... ...... ARIVISO .............. ..... ................ .......... ........18 A 12: GR1Lf8%NMAN0ARUI RATIOi PROCE ARTICLE 413 'HOLIDA-lys T]LE 14 Sick, .......... ......... LEAVE n4c ARx"W"Ll ,, 14 PON9,11A)b LVAvt ................ ....... ............. ...... .. ..... 25 AATiCLE1G LR ........ - .......... . ........ --- ...... ....... ARTICLUA l VACAT$Oii LEAVE, ARTICLE 1S' ......... ........ EXTRA-DIJTYPOLICE ElY1I?LO YItiIENT,....; AUTWig 1-9 . ..... 1NS,,URA',Xd9,BENEFITS ......... ....... ARTh 0 OOV",OF WORKAND OVERTIM ............... 1-.- .................. -,..3(i ARTICLE1Z AIMCLID,23 A"C"14 A9TPQ&X2j A 27 ARTiett" Ru wbrr ..... . ...... ARM!t29 PROD UBATIO-W AGAINST RE' AOPE N1N.GOFj,'NEcG0T1ATI 0 NS, ........ 42 ARTIM30 lf��" ANOF, ...... . . ..... - ................ . ......... „.::43i ART11MR3t NON-1P .. .... 45 , , , ROMOTMAL ARTICLE 32 PHY—SICALSUMINATION, AND WO .................. .... AIMM” MURPMON'T'AU AFFITS ............ ...r ......... — ....... .........:47' A OLINC - Q ,ftT,,,C 34 1N-,PUC*--T1ON OT .... .. --- ............ 5 , f,; I ENZI')LOYMIIREG EMPLOYEE ASSISTANCE,,'-PRO."CkRAM, ....... i ...... .A,JW,l,,O A, 'Will! D!9ARfjUTW(,9A T,.,.,,., .. . . ..... ......... . M ARUCLE-319 ......... 5'$ 71 �z 9w This A nwiAdiif is entered into by iiio cit-Y dsouth,MWIIII" Florida, hereinafter referred to 4s-Ifi, "fin vloyov" or tile , city) 140: liereinafter referred to as fW `Assooi4tJoW',, for the purpose of i i g humquipp§ xOafzons botWcqaa.ihp- ],�4jiplpyqr end the As.sociati- I m on" to establish orderly W'(" "'o ati on of "iwr al, ati"(f to oa, lbilh 4e b of pad, vap%, hors of 'wo 3 771 P.13A City 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 rack of police officer, and police sergeant, including probationary employees, but excluding all other employees of the City of South Miami, including the Chief of Police, Assistant Chief, Police Captain, and Police Lieutenants. The parties hereto agree to jointly petition the Public Employees Relations Commission to clarify the bargaining unit by removing the reference to "Internal Affairs Sergeants" and by adding "Police Majors" to the list of excluded positions. PBA -���� City ARTICLE 2 NON - DISCRIMINATION There shall be no discrimination, interference, restraint, or coercion by the Employer or the Association against any employee because of Association membership or non - membership, or because of race, creed, color, age, sex, religion, marital status, sexual orientation, disability and national origin. All references to employees in this Agreement designate both sexes and wherever the male gender is used it shall be construed to include male and female employees and_v_ice versa. 5 <:., .. ..� PBA City AIMCLE 3 DUES CHECK -OFF 1. Any member of the Association, who has submitted a properly executed dues authorization card or written statement to the City Manager or their designee in accordance with a format prescribed or approved by the City may, by request in writing have their membership dues in the Association deducted from their wages. Dues shall be deducted each bi- weekly pay period, and shall, thereafter, be transmitted to the Association. However, the City shall have no responsibility or any liability for any monies once sent to the Association, nor shall the City have any responsibility or any liability for the improper deduction of dues. Further, the Association shall hold the City harmless for non - intentional errors in the administration of the dues deduction system. 2. It shall be the responsibility of 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. 6 PBA City ARTICLE 4 ASSOCIATION REPRESENTATIVES 1. Two members of the Association shall be allowed to attend bargaining sessions for the purpose of re- negotiating this Agreement without loss of pay, should the meeting take place while the member is on duty, if approved in advance by the Chief of Police. Should the member be off duty during a bargaining session, he shall not be entitled to any compensation. All bargaining sessions shall be set by mutual agreement between the parties. 2. The Association Representative shall be allowed to process grievances without loss of pay, should such processing take place while the Association Representative is on duty. There shall be a cap of one (1) hour total time which the Association Representative may spend on anyone grievance. It is understood and agreed, however, that the foregoing is subject to the manpower needs of the Department at all times. 3. The Association Representative shall be allowed to attend the Dade County PBA Board of Directors meeting once a month without loss of pay or leave time, should the meeting take place while the Association Representative is on duty. PBA City 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 representative's reasonable access to the City Commission Chambers for the conducting of Association business when such facility is not in normal use, upon (5) days written request therefore to the City Manager or their designee. 3. The City will provide a mailbox for each employee for use by the City and the Association to distribute mail and other communications. The aforesaid mailboxes may be used by the Association strictly for the purpose of transmitting material of an informational nature, and shall not be used for the purpose of communicating material tending to, directly or indirectly, disparage any elected or appointed official of the City. 4. Upon written request by the Association, the City will provide, 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. PBA �'� City ARTICLE 6 PERSONNEL RECORDS 1. Employees covered by this Agreement shall have the right to inspect their official personnel file and /or their closed Internal Affairs file during normal business hours and shall not be compensated should said inspection occur outside employee's regular duty hours. The employee shall have the right make duplicate copies of any items in their official files, upon payment of the usual charge thereof. 2. Employees covered by this Agreement shall receive copies of any disparaging items, which are placed in the employee's official personnel file. Employees covered by this Agreement shall also have the right to add written responses to any such disparaging items, which are placed in the employee's official personnel file. All written responses shall be sent to the Chief of Police via chain of command not more than ten business days following the day of receipt by the employee. Written responses shall strictly parallel the disparaging item(s) of concern. Any refusal to sign a document shall be documented on all copies by the issuing officer (i.e. 'Employee Refused to Sign "); however, no retaliatory or disciplinary action shall be taken against any employee who refuses to sign a document. 3. To the extent permitted by law, all personnel records of the employees shall be kept confidential and shall not be released to any person except: authorized officials of the City, or in response to a subpoena from a court of competent jurisdiction, or upon written authorization from the employee. In this regard, the PBA recognizes the City's obligation to comply with Chapter 119, Florida Statutes. 4. At no time shall the news media be directly or indirectly furnished with the home address, telephone number or photograph of any employee or relatives without their express written consent. S. The City shall purge, upon written request from the ennnloyee covered this A *reem.ent all records of counseling %coaching and oral warnings from the employees' personnel files after one (,1„j 11x11 year 4ve45)- years -of sex-vice without receiving further related counseling or oral warnings or as^ prescribed Uy 1°'lorida State Statute.-Title X, Chapter 119 and Title XVIII. Chapter 257.36. which ever is the areater neriod. Such documents shall be kept in a separate file. 9 y`! PBA City 11 1 11 . I -ARSt - CLEO, INTU kNAL, AI ARS INVENtMATION 010 USPAMN TOO TIMMUC The paffibs fedoanize that the security of the 'City and its citizens &ponds to agreat extent , in Whioi'tho orapkTao cove Why this e entpeklb nA various Further, the pbwfyes that lbo, Performance of such dirties ihv'ojvCsAboAp employees in ail, manner of contacts mj,xqj#f topships with the public_ buy 14 glo, wit,df such contacts and qO-e-stibil-may Aise or complaints way, b& b6balk, o-uo,ojmJ'ug the lactimis of ebip1qces, covered bY'thl9 lAgk&Ofnbrft. hivestigati6ft of suehz questions and :ooznptaints uAnt tioloadbt to QW& bN pr wi-dcr the directroai of departmental supervisory "affiokals VAiosp, primary couppyn'runst be the security of, th city" and the preseivati6fiof thcpublic interest Weider to mabit thc" security Of the City and protect the inter of its� ejkipen%, the parties qgroo 'that , the Qjty,, naust, have 0 conduct, investigations ot"citizens' prof� how that bay; ;iib§dioriv;, AM&SM J as W#Q covered by this Agrcewcra tcljjtj8t, to 'a OftiVe, 9 ouni&iat Aodlw, riviter of internal security shall be conducted wider the following conditions, A, The interrogation -shall "be conducted at aregsonable hour, preferably- an -a time When the the eth f, 'p4dy,t6 is on fluty, tible"SS the Serloo 9new o degree ftfat itunhediate, action is requited. B, , The employp&iWa -med, of llapneaure offt � baj sbgfl! be, in1fox invostigatinn" pzior" to any interrogation,:: and he shall be informed � 7 of tl?c name of ahe C. The' 0)4'oy and cO)wug interrogating ofCGer, and all persons present.duriaag the interAOgatipn, All quo on$ dir A tutext6gbaloix sessions Ago be for reasonable, ptiiedg and shall be Ome&to A' Iffuterrogationg WoVbol d at the headqna of the Supa-li MandPollop DeparUnerat, p in farg p s possible. R Any effip -vadef 'investl -rued, of flid right W, be lb'yoo, i gutibit abbot be informed hAve jQ shalt,, be pres.t. A go: jamen Why, such, Interrogations, whepey'o t"lie, Jilrcqog*loos° relate It to; continued -'. for. 1g. ed fjt�acss, w, enfoicenxent services; T. rrhefbiniaf latew4gationo m aft I employee, including all te'c6ss vctlods;' il"Wl be reoorded, and fhevu ghlo be no umveorded qaosdons or itatanxenis 119 G. If the employee under interrogation is under arrest or is Iikely 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. K During interrogations covered hereunder, questions shall be limited to the circumstances surrounding the allegations, which are the subject of the investigation. 1. An employee under investigation may obtain, upon request and at no cost, a copy of any written statement he has executed. J. The employee shall not be subjected to any offensive language, nor shall he be threatened with transfer, dismissal, or other disciplinary measures. No promise of reward shall be made as an inducement to answering questions, K. No employee may be compelled to testify before, or be questioned by any nongovernmental agency unless under proper court subpoena. L. The following procedure shall be followed with regard to the administration of polygraph examinations. If a citizen files a complaint against an employee or employees covered by this Agreement and signs an affidavit acknowledging that he/she will take a polygraph examination concerning said complaint, the City may request that the employee or employees in question also take a polygraph examination concerning the complaint. In the event an employee in question agrees to take a polygraph examination concerning the complaint, the City agrees not to administer the examination unless first successfully taken by the complainant. For the purpose of their paragraph, "successfully taken" shall be defined as the examiner's opinion that the complainant's polygraphs do not reflect reactions normally indicative of deception in their responses to the pertinent test questions. The City will not order or require any employee to submit to a polygraph examination or 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 limited to, DUI, lewd and lascivious conduct, indecent exposure or perjury may, upon review of the circumstances by the Chief of Police, be relieved of duty without pay or benefits. If exonerated, employee shall be compensated for back pay and benefits retroactive to the date the employee was relieved from duty. Any employee placed on leave without pay shall remain on the City's Employee Census but shall be responsible for the full cost of health insurance premiums, during the relief from duty period. O. Upon conclusion of an internal review investigation, employees, designated as subjects, shall be given a written disposition of said investigation. 11 PBA 77 city P. Not sustained or unfounded letters of complaint from citizens will not be inserted into an officer's official personnel record. Q. The Charge of "conduct unbecoming" and all similarly vague charges will not be used by the City unless further substantiated by specific charges. R. Should disciplinary action result from an internal investigation, an employee may, at the option of the Chief of Police, be allowed to use vacation time to satisfy a suspension which is for five (5) days or less. S. The City shall make every effort to investigate, determine and complete Administrative brvestigations (i.e. personnel complaints regarding rudeness) within 180 days of the complaint being filed. Failure to investigate, determine and complete such investigations within the above time limits shall prevent the City from taking disciplinary action against the bargaining unit employee against whom the complaint is made. Any continuances requested by the PBA or the employee shall extend the time limit accordingly. 12 PBA City ARTICLE 8 SI3IFTS 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 ' ' deseendin Order= Bate -e1 14ircz tay Iaepart-a mac n as set forth inparagraph 5,c. below_ 2. Non - probationary patrol officers and sergeants shall bid (semi - annually) for their choice of shift assignments and days off. Days off are not bid until shift assignments are set, including the Chiefs mandatory assignments if any. The determining factor in said bid process shall be each employee's seniority as defined in paragraph 44 —above 55c. below. In order to meet department operational needs,- the Chief may, at his discretion, make no more than two specific assignments to each shift (during the semi - annual bid process) beginning with the first shift change of 1999, in order to assure proper allocation of personnel resources. The Chiefs assignment of two officers is without regard to seniority and appealable only to the City Manager. 3. A seniority list by shift and. work assignment shall be established and shall be utilized when the department calls in for or holds over personnel, except in emergency or unusual situations. 4. Vacancies in specialized units shall be filled by permanent employees in all cases unless no permanent employee can demonstrate the experience or potential to properly function in such assignment. Should no permanent employee demonstrate said capacity, probationary employees may be considered. Assignment determinations shall be made by the Chief of Police based, on the recommendations of a selection panel appointed by the Chief and such assignment determinations are not grievable. S. covered by this Agreement. ent. Addittiionally, the f6lIowing shalt be adhered to for purposes ofcleier_mixainseniority,_as follows_ . Ser3ort ity within Ser eg�a a_Rank shall be .determined . b y date of 13 PISA City purl }rental. sgii< ?city__ III case of_ties,n in_thc sesame l�r�ocedure outtSned,ix? „t ?urtigtal l�,5:_c,. shall be utilized, C. com?uted from the date of taking the Police Officer's Oath with the City off South Miami. Where two or more officers take the oath „on same date the drawin , of lots shall determine which officer is senior. 6. 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 off. No new employee shall be hired in any classification until all employees on lay -off status in that classification have had an opportunity to return to work (for which he /she is qualified). Written notice of recall shall be sent by certified mail to the employee's last known address, as long as the employee is still qualified to be an officer. Recalled employees shall notify the Employer if they desire to return to work within ten (10) days of receipt of recall notice, and must return to work within twenty -one (21) days from receipt of recall notice. An employee will be kept on the callback list for two (2) years. 7. Upon application to the Chief of Police, employees may exchange shifts, provided that: a) The shift exchange is between employees of like rank and experience. b) The shift exchange is requested in writing at least five (5) days in advance by both employees involved in the exchange. 8. When a vacancy occurs on a patrol shift, the entire shift shall re -bid days off no later than two weeks after the vacancy has been filled. This provision shall apply only to the shift on which the vacancy occurs and not to any other shifts. The re- bidding provisions also do not apply should the Chief of Police approve an exchange of shifts as provided for in Section 5 of this Article and shall not apply if the vacancy is filled within one (1) month of the next shift /days off picked. 9. The Chief retains the right to transfer employees from shift to shift to meet arising operational needs. After a transfer between shifts, days off will be re -bid if the new assignee is junior to others on that shift. Shift transfers are appealable via the chain of command to the Chief of Police. Denial of a shift transfer appeal shall be given in writing with the specific departmental needs identified. Bargaining unit employees may exercise an appeal to the City Manager within five days, in writing, identifying their concerns. 14 PBA /�� City M'The. City Manager will review the entpjoyeeo(s) oqncqro(o)'au4 will render, afinal deolow"n- WWo'his,riot gpdvable. 'Thdf section shall not exclude or hiijd& a barjainifig unite tiploybo froin 11tif6ing Sjcctlolr6,A' 14, Of 11. W-6,ctive October Iot 2005, flw I)epartraent—sball not modify, alter, adjust or b 7 61 c' payment of oveftinfelof tire r, t6 4MA, -Santo ' !s Elm Parade, .'Fouilltof July' M Lidef k4 Parade, $und4y's on Sunset sows6ols noll'oW04 11,15' PB& City, ARTICLE 9 VEHICLES AND SAFETY EQUIPMENT 1. The City will make a good -faith effort to maintain police vehicles and safety equipment in proper working order. Police vehicles operated by the City shall comply with the standards and requirements of applicable Florida State Statutes governing motor vehicle safety equipment. Employees will as soon as possible report any broken and /or malfunctioning equipment to their supervisor. Employees shall keep the vehicles cleaned and fueled. It is the responsibility of officers with assigned Take -Home Vehicles to promptly deliver their vehicle to the Motor Pool when repairs are necessary for scheduled preventative maintenance. 2. The City shall, insofar as possible, equip its marked patrol vehicles with the appropriate light bar (including take -down and alley lights), siren, two -way mobile radio, first -aid kit, emergency road flares, yellow crime scene tape and fire extinguishers. 3. The City shall furnish riot gg_ t< rso, 5l7pukt(I ji nd g1 5) i d helmets, riot shields (if applicable) and gas masks individually to all uniformed officers and sergeants. The City shall furnish one flashlight and firearm of the design .Mroved tb the Police Chief to each sworn law enforcement officer covered. under this Agreement. The City_shall fumisli each sworn law enrorceiuent officer covered under this agreement with, the al?p�riate amount of ammunition for the authorised and issued City fireea ni. 4. Employees agree to be bound by and abide by the Revised Take Home /Assigned Vehicle Policy as revised L)y the Chigf Wf I'glice in office at the time of ratificatioia. The City shall provide the Association with two (2) weeks advance notice of any modifications to the aforesaid Revised Take -Home Vehicle Policy which become effective after the Ratification of this Agreement. �Asianed_take home vehicle as recommended h the tie manufacturer. The chancre of motor oil_and, lidei .q gll be, one b an estabiislunerit ha>>iai � ASL;_eertif eci rneclianic�lkic isu_gaiirulg,juiit member must submit a ccOLof,tlre reeKjpt dctaithr, the vcivgle license plate number, the make and model of police vehicle, the name of the driver, the date of the motor oil char e and the name address and contact information of the establishment _erfoimin r the oil chant e o the City s Motor Pool= tlar- mli,their chain of command Each bar Y iaair�g tulit melt ?ber must retai11 a cop �1_the receipt far ? periodoi' t ira' e YCars4uxi must make it available a on request b the f�oliee chief c>r Iris desir nee_ 16 PBA = City ARTICLE 10 PROMOTIONS 1. Whenever a budgeted promotional vacancy exists in a police sergeant classification, the City shall fill such vacancy within thirty (30) days from. an existing eligibility list, if a valid eligibility list is in existence. A promotional eligibility list will expire two years from the date of the examination which led to its creation. 2. Promotional examinations shall be validated in accordance with validation standards 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. 17 PBA City ARTICLE 11 TRAINING L Employees who are required to attend off-duty weapons training will be compensated at the rate of time and oche -half their regular straight -time rate. however, an employee who has not actually worked a forty (40) hour workweek will be compensated for their attendance at off-duty weapons training at their regular straight -time rate. CommelicEl ; at ratification of tbi.s Agreement theCty will ._provide midDiglit shift law_eirforcement officer epvered by I S gags en2eiht._administrative leave for the last 1•our_U4 hours_ of mtiilar dt 3, if the t3_aitain? is ry,prov_ed Uy thv_C_hief of,Pglice and the tiaiahhha .9 within four (4) howl of their end of tour of duty, 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 hhstitute of Criminal Justice (located at Miami -Dade North Community College) which employees are required to attend. The City agrees to provide at least forty (40) hours of training every four years to meet Florida statutory certification requirements. The City may provide additional training in its discretion. 4. Employees who are required by the City to attend off-duty training shall be compensated at the rate of time and one -half of regular straight -time rates. The City shall have the right to change or alter work schedules in order to avoid overtime when scheduling training. Insofar as possible, the City shall give forty -eight (48) hours notice to employees of such off -duty training. However, individual employees may waive such notice. 5. The City shall attempt to provide weapons training for all employees, but in no event will such training be less than once annually. Their training is in addition to the training provided under paragraph 11.3. Upon qualification and a demonstration of proficiency, employees shall be permitted to carry, on duty, semiautomatic weapons which have been approved by the Department and in accordance with Article 30. The department will make every reasonable effort to facilitate the employee attending the firearm range during their normal working hours. In the event the department is unable to schedule the employee to attend the firing range during their normal working hours, the employee may be required to attend the firing range during their offduty hours; provided, however, that the actual time spent by the employee in acquiring such training during their off -duty hours sball be compensated in accordance with the hours and overtime provisions contained herein. The City agrees to provide ammunition for firearms training. 6. Insofar as possible, the City agrees to continue its present training programs for the duration of this Agreement. 18 PBA �7� City ARTICLE 12 GRIEVANCE AND ARBITRATION PROCEDURE 1. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties. For the purpose of their Article, a grievance is defined as, and limited to, any dispute, difference or controversy involving the interpretation and application of this Agreement. 2. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of their Article, their grievance shall be considered conclusively abandoned. Any grievance not answered by management within the prescribed time limits shall automatically advance to the next higher step. 3. Grievances shall be presented in the following manner: STEP 1: The employee shall first take up their grievance with the Immediate S n1lerVisor within seven (7) calendar days of the occurrence of the event(s) which gave rise to the grievance, or within seven (7) calendar days after the employee's return to work from authorized leave, as the case may be. Their first step (between the employee and their immediate supervisor) shall be on an informal and oral basis and shall not involve the Association or any other representative of the employee; STEP 2: Any grievance which cannot be satisfactorily settled with the Imunediate Nei-visor shall be reduced to writing by the employee and shall next be taken to the supervisor above the Immediate Supervisor. Such grievance shall be presented to their supervisor in writing within seven (7) calendar days of the deadline date for completion of Step 1. The supervisor shall, within ten (10) calendar days after presentation of the grievance (or such longer period of time as is mutually agreed upon), render their decision on the grievance in writing; STEP 3: Any grievance which cannot be satisfactorily settled with the previous supervisor shall next be taken up with the Chief of Police, or their designee, either through a representative of the Association and the employee, or by the employee himself at the employee's option. The grievance as specified in writing in Step 2 shall be discussed by and between the employee (or the representative of the Association and the employee) and the Chief of Police or their designee, within seven (7) calendar days after the completion of Step 2: The Chief of Police, or their designee, shall within ten (10) calendar days after their discussion (or such longer period of time as is mutually agreed upon), render their decision in writing, with a copy to the Association; STEP 4: In the event the employee is not satisfied with the disposition of the grievance in Step 3, he shall have the right to appeal the Chief of Police's decision to the 19 PI3A City City Manager or their designee within seven (7) calendar days of the date of issuance of the Chief of Police's decision. Such appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the employee, or, at the employee's option, the representative of the Association, requesting that the Chief of Police's decision be reversed or modified. The City Manager shall, within ten (10) working days of the appeal (or some longer period of time as is mutually agreed upon) render their decision in writing with a copy to the Association. 4. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee, or if the grievance is directly between the Association and the Department or the City, such grievance shall be presented in writing directly to the Chief of Police within ten (10) calendar days of the occurrence of the event(s) which gave rise to the grievance. The grievance shall be signed by the aggrieved employees or the president or the representative of the Association. Thereafter, the grievance shall be processed in accordance with the procedures set forth in Step 3 and Step 4. S. Where a grievance involves discharge, suspension or demotion invoked by the City, such grievance shall be filed at Step 4 within ten (10) calendar days from the date the employee receives the discipline notice. Coaching, Counseling, and Written Reprimands shall be filed at the appropriate initiation level; however, Coaching and Counseling shall only be grievabce through Step 3 of the Grievance Procedure. Satisfact i V evalu, ations evaluation, The probationary 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 within fifteen (15) calendar days after the City Manager, or their designee, renders a written decision on the grievance. The arbitrator may be any impartial person mutually agreed upon by and between the parties. However, in the event the parties are unable to agree upon said impartial arbitrator, the parties shall jointly request the American Arbitration Association to furnish a panel of five (5) names from which each party shall have the option of striking two (2) names in alternating fashion, thus leaving the fifth, which will give a neutral or impartial arbitrator. The party requesting arbitration will strike the first name. 7. The City and employee (or the Association) shall mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine their decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine their consideration and determination to the written statement of the grievance presented in Step 2 of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or 20 1:A SA 11 City amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this 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. 8. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share the said cost. 9. The parties shall ntakcrthei} c3hoies attempt tp mutuill}r select an of-the impartial arbitrator within seven (7) calendar days of the submission: of request for arbitration in ads �r�aph 6 of this Article. If the parties fail to mutually agree to the selection of an martial arbitrator the at Tat _ -re ue,,11 iia1; arbitration sha I fcyuest �..p�ne o �bitral�5 from the Federal Mediation and Conciliation Service'VICS 1. The patties shall make their choice of the impartial arbitrator by alternatek, rank ordering the panel of arbitrators (i.e. 1 -7 with 1 being the most acceptable and 7 being) the least acceptablJ within seven (7) calendar days after receipt of the panel from FMCS. The extend the time fi_ax?ae_I'or e uik �rdetuit, th , ilg1_ of_ arbitrators .on mutual written agpegtaie lt. Copies of the arbitrator's award made in accordance with the jurisdiction and authority under this Agreement shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on the parties. Dither party may reject up to two (2) arbitration panels in any given case. 21 G Z2 PBA City ARTICLE 13 HOLIDAYS 1. The below- listed paid holidays shall be granted under the following conditions: 1) January 1 2) 3rd Monday of January 3) 3rd Monday of.'February 4) 4tb Monday of May 5) July 4 6) 1 st Monday of September 7) November 11 8) Last Thursday in November 9) Friday after Thanksgiving 10) `/x day December 24 11) December 25 12) Birthday 13)12 Floating Holidays New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas Eve Christmas Day After 1 year of continuous service After 1 year of continuous service Z. Where observance of these holidays may interfere with the work schedule, such observance on alternate date may be made at the department head's discretion, with the approval of the City Manager. In such circumstances, an employee shall receive, at the employee's option, an additional day's pay at their straight -time rate of pay, or compensatory time at their straight -time rate of pay. 3. When a holiday falls on the regularly assigned day off for an employee, such employee shall receive, at the employee's option, an additional day's pay at their straight -time rate of pay, or compensatory time at their straight -time rate of pay. 4. When a holiday falls on a Sunday, the following Monday shall be observed and when it falls on a Saturday, the preceding Friday shall be observed. In such circumstance and effective October 1. 2011 employees shall. work the holiday and receive an additional eht (Kl }hout_s_oay at tinhe and one- Ixalfthc iz,sUaight tirne,,,or time at at tithe and one -half witlh the,gppro5 a1 of tlxe Chief �f Polio o� his d�signce_ 22 PBA `�' City ARTICLE 14 SICK LEAVE I . Sick leave shall be granted to employees for absence because of (a) Personal illness or physical disability resulting in the incapacity of the employee to perform the regular duties of their position and not arising from a service - connected injury or accident. (b) Medical, dental or optical treatments and examinations. (c) Personal illness or physical disability resulting in the incapacity of the employee to perform the usual duties of their position and arising from a service- connected injury or accident, but only after all available disability benefits offered under Workmen's Compensation are exhausted, provided further that use of sick leave in this manner shall be at the cmployee's request and is not mandatory. (d) Illness or injury to a member of a bargaining unit member's immediate family that requires the employee to care for that immediate family member. 2. Employees shall be credited with one (1) day of sick leave at the end of each month during the year. 3. Sick leave may be taken only to the extent that it is accrued. No advance sick leave shall be granted except in an emergency and upon approval of the City Manager. 4. Current employees will be eligible to receive the sick leave payout, with the existing cap of 600 hours, for the term of this Agreement. Employees who are hired on or after October 1, 1995, will not be eligible to receive any sick leave payout. 5. Effective October 1, 1995, employees will be allowed to accrue sick leave in excess of the 600 hours cap. Nevertheless, the sick leave payout will be governed by Section 4 of this Article. 6. All current employees, as of October 1, 1995, will retain current payout provision upon termination of employment, and will have no cap on sick leave accrual. All employees hired after October 1, 1995, shall receive no sick leave payout upon termination, but will have a7 no -cap" maximum on sick leave accrual. All employees who have attained a sick leave balance of a minimum of 36 days (288 hours) shall be eligible on their first anniversary date following that accumulation to convert up to 32 hours of their annual unused sick leave balance in excess of 288 hours to vacation leave. An employee who uses in excess of 32 hours of sick leave during a one -year period will not be eligible for this benefit. The catastrophic illness bank will be abolished and accrued hours will be returned to employees who have accrued this leave. 7. An employee whose service with the City is terminated and who has taken sick leave that is unearned at the date of termination, shall reimburse the City for all salary paid in connection with such unearned leave, except in cases where the employment is terminated by the death of an employee, or in cases where and employee is unable to return to duty because of their disability, the evidence of which shall be supported by an acceptable medical certificate. S. 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 23 Pl3A City accompanied by a certificate signed by the physician or other licensed medical practitioner treating the employee, certifying as to the incapacity of the employee during such period to perform the usual duties of their position. Such directives shall be valid and in force for a period not to exceed four (4) months. The Personnel Department or Chief may issue additional directives not to exceed four (4) months in duration, in their discretion. The issuance of all such directives may he appealed to the City Manager. Failure to furnish such a medical certificate for absences in excess of three (3) workdays, or for any absence when so directed by the Department Head or Personnel Department, shall result in the absence being charged to the vacation leave of the employee. 9. Employee hired prior to October 1, 1995, who voluntarily terminates employment from the City, shall receive payment for leave deposited in the sick leave bank in accordance with following schedule: After 5 years of continuous service 25% After 10 years of continuous service 50% After 15 years of continuous service 75% After 20 years of continuous service 100% 10. The parties agree that the City may take any steps it deems appropriate to strictly administer and enforce the City sick leave policy in such a manner as to eliminate abuse of sick leave privilege. 11. In the event an employee is killed in the line of duty, or a death by natural causes, their heirs shall receive one - hundred percent (100 %) of their accumulated sick leave tithe. 12. Any sick leave donated to other City employees shall not be counted against the donating employee in terms of use or rollover of sick time to vacation time. 13. It is further understood and agreed that all issues pertaining to Sick Leave Usage shall be governed by City of South Miami Sick Leave Policy implemented on March 1, 2004 and made part of Personnel Manual amended on February 17, 2009. 24 `V PBA City ARTICLE 15 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 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, step gargi children, stepchildren, grandchildren, brothers, step bathers= sisters, step "'Le s, father -in -law, mother -in -law, brother -in -law and sister -in -law. 3. Proof of death in the immediate family in the form of death certificate or public obituary must be provided to the City Manager or their designee before compensation is approved. 4. Funeral leave shall not be charged to sick leave or annual leave. 5. Should an employee require more funeral leave above the allotted time, may request up to additional time not to exceed ten (10) days. Such requests must be submitted at least five (5) days prior to the start of the requested leave and be pro - approved by the Chief of Police. Moreover, the employee requesting such leave must have at least ten (10) days in either their sick, vacation or compensatory leave banks. 25 PBA %� City ARTICLE 10 ,LEAVE, Or' ARSENCE 1, "Na Pay„ leave vay be gmited by the City Maoagor for k " 'nof exceed period to six (6) cafg.nda,r rqq)jths,,t4 qn4ble the empi6yee, to receive pgofe50mw' or technical, ""aniog on. tbeir, return to, the c ""P,()Ye l4ted disability'. MAWtolty, fdavesiiall betteated the r000tJohTelotod disa '�NoPoy` leave may 0 �mlo - be granted employee for a pert rd Of" to exceed one (1) _a e dar 2 , I'll, Oyeb,6411'ribl,to be 6'Afg 'a,--,a9aWst vacaMyti leave but entry thezcof shall be mtade upon the leave records ofsuch ezrzployee. I leave, ithopt pay for six (9 mgmirs or more shall be _e g4n.W.Jouve, Any, entitled to be pbappd; by the City qnfly,'ifa job position, is, avrdlgbk� it �bebig� '.rjearly vadetstoodthat ifflio, job the , ion, last fiofif lids beell'Alied or A ned, Ilie" City At qualifio& If-placed iji another J'db positiou, said employee 9b4JI be eittitled only to the w4gq. scale fOr sgeb pow,positiom If 4o job posifio4 is available, the "City will, " give prio-fity, to saidvinployee asqoon•as.a- Hew jab position. for W]iith tine .employee qualifies¢ 6.0061e. 26 PlIA city ARTICLE ITVA.CE IJON L"N ];. The term "Vacatian leave" shall be used to designate leave with pay granted to an employee on thc followinxgproraied basis: Years of UnInterruptted Service Amos of Vacatign 1) 1 to "Syearsinelusive: 24215 weceks or 12 working days 2) d to 14'year's inelu'sive:, 3 weeks or 15 woiking da�"s 3j 15 to 19 years `uiclusave 3 315 iveelcs 6i 1$ woykiiZg days: d 20 years mid over 4-115 weeks or 21 w4xki±Ia}s (a) Vacation slaaiZ�roqu e ap va(;of { 1 i 9' of oboe or be*desiglaee, and at no time shali an employee be, allovued to use more vacation leave than has been accuruulated. 00,11 Earuect VA04060une is lsriuezpally anteiided for use during tlie;;year in wlzicl it, as- earned. Roder, exceptional circumstatzces .srtd upon written x nest wiiliiu the year In which the vacation, lime is earned, such time= may be used up to ail days past the errtployee's aivvervsaiy date v�ith the writteii.aplaroval.of'tbe Citylvlanage�'. (cj Vacation leave may be takers to the extent- that it is earned, by the employee; .subject to 'tho prior approval of`2lte Chief' p policei upon written application by the eznploycc in advances and at theconventenwofthe City, (d� Any eared and credited vacation leave to. the credit of an employee vwett teruilriating employment with the Cit} wnll be'paiil prorated a3 the erYiplityee's current rate of pay with the last paclet kseceiVed 2: An employee znay request their vacation pay :checks in advance of sehodulod vacation pay lay.submittitg a wr%tkenaequest fa :the City's S�ayroll tepartment at least two t2) weeks prior to startfrig iheir` s nation; 3, Employeos will be penriitW4 to split their vacation dates' at the discretion of 'the Chief ofPol'zce 2 CW lily ARTICLE IS RXTRA4WfVPO'LICFAMPLOYMENT 291' P8A City ARTICLE 19 INSURANCE BENEFITS The City agrees to pay for HMO health insurance for all employees covered by this agreement. Employees wanting the optional POS or PPO health insurance will pay the difference between the two plans. The City will also continue the current levels of coverage for dental, life and disability insurance. The employee agrees to pay for 100 % of dependent coverage for health and dental insurance. 29 City ARTICLE UIIOU)25 JF'WLDIM AND OVERTME L. polity (40) hiatus shall eonstitut&anormal workweek for.aff ein loyee covered by this Agreement. x0thirig Irerern shall ,girariuitee airy employee pi r dt for a forty (140) Hour workweek unless the employee actually Works forty (40} hours or their actual hours worked and their authorized compensated leave total "s forty (40) hours. Employees whose hovrs,oflactual work exceed: forty (40) homy su.u'workweek or eight=(8).16nm_in a day snail, be eonipebsated at the rate of tame and otic -half, bt'the einp nyee's regular snifAt- flare rate for the additional tihie or as set ftaith rn patag aplis, � -and 4 belova. All avaitable overtime shall be o fered to bargain #ng unit employees in order, of .seniority barrlrig the existence of" emergency or exigent eircumstanoe that would not allow a, reasnnable,anaoiuit of tir to to eontactemployees art a seniority 6asisi. - ' o, cmola ec oovcred`t>y this A ecenic nt will b eli'xi h e to. °use sick Ieavu fine, Low rd ove ime.:; . lfan employee covered by this Agreement..is called zsut to wcirk at a time outside.their normal workhxg hours; he shall receive a rnim'mutn.oi' "three (3) bonrs' pay attire rate of brie sand, one--half their regular-straight time. Howevm an employee, who has not actually worked a forty (40) hour workweek or ,an eight (8) .hour: day, shall be compensated foir'the call out at their regular straight - tithe- rate: 4. 1 uYployees who are required to make oil duty court- appeararroe as a subpoenaed'; witness i11 tike federal or state, courts or, as a.deponent zx pen5lhrg criminal; civil or ifafdc casest f valv3ttg or arising out:of the discharge of tire- eiriployee's duties hi the course of iheir`ertipioynient with the City will - receive a iiiiiritir ftii oftisree () hours pay at the rate of time and one -half tliei% regiilar "straight -tire rate, tf lire .:llcer as x "equizfed to lialct.oyer_; extension of the shi& entitling `dre officer to nornial avc `zrre aa- )Towever, an- employee -Who has not mall' worked forty (AO) hour WorkWeeat or an eight.(8) hour' d-qy sh all be compensated far the off duty appeaaance at their regular straiglg rt.tirne rate. rm*yees- shalt be allowed to, retain witness and travel fees received for eouit and' deposition appearances. S. lnsof it as possible, cmliloyees covered by this Agreement shall be given forty- eight (4&), ;hours notice of any ehailges 'in their fgular hours of iirlc, Turthea, insofar as possible, rate'Deparnnent will avoid scheduling an employee t work on on7inuous dolts;; Should an employee be; scheduled to work eorztlnugus shifrsr Their days off may. be 'a fed va6ln the same pay period by 'the Department. Employees shall be given two (2) wee"w— notice of norr al sliiti eliange'. 646-, supervisor or. official Shall take action to ,cause: ibe nonpayment of oveitiure in circumstances- wherein air employee covered by this Agreement has perfor'=4 work:, which - entitles hire, to payment of overtime provided that nothing herein shall restrict the 30 PBA City City or the Department from altering work schedules or taking any other action to reduce the number of overtime, court time, or call -out hours worked by the employee covered by this Agreement. 7. The Department reserves the right to institute any procedure or system it deems appropriate to measure, record and /or verify attendance at and duration of off-duty court appearances. Strict compliance with any procedure or system so instituted by the Department shall be a condition precedent to obtaining compensation for an off-duty court appearance under Paragraph 4 above. S. Compensatory time shall be administered in accordance with the following guidelines: (a) Cenanienedr sviYr -the raticiat #on of this Agreeriret compensatory leave may be accrued to a maximum of two hundred twenty (240) howl twe4Rmdt'ed (2"--hours. Current employees, on October 1, 1995, who have an accrual in excess of the current cap, will be "grandfathered" to allow them to retain their accrued balance. However, such employees shall not be eligible for accrual of any additional compensatory leave until their balance falls below the X09 240 hour cap. (b) Compensatory leave may be taken in unlimited blocks of time, provided operational needs have been met, as determined by the Chief of Police. In the event of disapproval, the written response shall contain a specific explanation of the operational needs that cannot be met. (e) Compensatory leave shall be requested in writing at Ieast 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 Iimits for request of compensatory leave may be waived. (d) Once approved, compensatory leave will not be canceled by the Employer unless an emergency situation as determined by the Chief of Police exists. 9,, jjRgjj recommendation of the Chief of Poliice and a -on approval of t17e_!L tj parties without re- opening this Agreement to negotiate that implementation. 31 t.. PBA '/'�� City ARTICLE 21 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: A. Decide the scope of service to be performed and the method of service; B. Mire and /or otherwise determine the qualifications of employees and the criteria and standards for employment; C. Fire, demote, suspend or otherwise discipline employees for proper cause; D. Promote and determine the qualifications of employees; E. Layoff and /or relieve employees from duty due to lack of work; F. Transfer employees from location to location and from time to time; G. Rehire employees; H. Determine the starting and quitting time and the numbers of hours and shifts to be worked subject to Article 20; I. Determine the allocation and content of job classifications; J. Formulate and /or amend job descriptions; K. Merge, consolidate, expand, or curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City good business judgment makes such curtailment or discontinuance advisable; L. Contract and /or subcontract any existing or future work, M. 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 employees covered by this Agreement; 32 BA City O. Control the use of equipment and property of the City; P. Determine the number, location, and operation of headquarters, annexes, substations and divisions thereof, Q. Schedule and assign the work to the employees and to determine the size and composition of the work force; R. Determine the services to be provided to the public and the maintenance, procedures, materials, facilities, and equipment to be used, and to introduce new or improved services, maintenance procedures, materials, facilities and equipment; S. Take whatever action may be necessary to carry out the mission and responsibilities of the City in emergency situations; T. Formulate, amend, revise and implement policy, programs, rules and regulations; U. Have complete authority to exercise those rights and powers that are incidental to the rights and powers enumerated above, including the right to make unilateral changes. 2. The above rights of the City are not all inclusive but indicate the type of matters or rights which belong to and are inherent in the City as the employer. Any of the rights, powers, and authority the City had prior to entering their collective bargaining agreement are retained by the City, except as specifically abridged, delegated, granted or modified by this Agreement. 3. If the City fails to exercise anyone or more of the above functions from time to time, this will not be deemed a waiver of the City's right to exercise any or all of such functions. 33 Pi3A City WOCLE22WOOKSTOPPA"S: 1- The Association Agf6e§ flat, under no eircurnstances, shall there be any work stoppage, strike, sympathy strike,, s fy strike, in dispatd; Walkout sit-down concerted, fn fare kef4sal toporlbim assigpe4 Work for t 'or w), other , ower �, � f are or any reason whatsoever; or 04edixg in the f -prohibited uAcrame of any of activities, nor slim/ -arty b09dinifigmnit personnel refuse to cross any piokgt One at any 10datiO114 •wbother Ih,& pickotibg is W14 done, -by the Assarikiowdf any other employee -or�ahisation or union. I The AssOoludort (I ms fl�g the, �,Qhy shall metain, ft t 'to ,Oiseharoc, 9 OT otherwise discipline oisothe or all of employcespsrticipa inor prp, jotirig-,Py of the activities counleradd in paragraph And the ekarbise, of sn6h, righa by the City wolaabe, sqbjgdIo Y000t,$e under the,, grievance /arbitration grodoss; 3', It is recognised pat(jtsjh -f , the and aelivitios worner4fed hr 1 2- above, are, contrary to, the idealp of prqfpa&rjq_Iism ,and to tb-e')C$ community that•ii, the event of any,viol � , , 4#0p: of t1idir Article, ;the=' City AWI N entitled bb.Aoak and obtain legal and/or &,qOitAble-,rdli&f 'm any court of corapeteutjudsdiculojq� .4, For the pqrposg of this Article, it Js agreed that the" Assodotion shall, be ,t6sponsible for any act ooininittedby which act oorstitutes, a violation of , #dd JAWotfl ib pfbVigloh: herela. In addition to all othei fights •a4O remedies available to the City tWdOt state law,, in the event of 4 bf.daeli of the provisions herein, *m cky, AW hove ibo, n0t to unilaterally and with, Pat fh ftOt notice t6hbih4e their c6l ' ledive- bargol agreement,, withdr4w, recognition from the Association, and 14' YBA Oftly itt I" I$ AWARM8 The City Will, endeavor to .provide a formal system of awards for various degxet s of oot ing service. gbipioyoa seleoted as Officer of, the Moi th or S4pervisor of the Mo9di sliail receive olsicini `awards which are to lie laoAdd ctinspiouOAt iit tho P6&e, S,tatiowaiad City Hall, Additiouaily,, formal rocogni {aotx Of eaitployee's e(ceptioraal'9er6ice shallie.placed au. pexsannel ides:,, a-5 PBA City ARTICLE 24 MILITARY LEAVE Any employee covered by this Agreement who presents official orders requiring their attendance for a period of training or other active duty as a member of the United States Armed Forces or the State of Florida National Guard shall be entitled to military leave pursuant to Chapter 115.07, Florida Statutes. 36 PBA „'���� City ARTICLE 25 AUTHORIZED USE OF PRIVATE AUTOMOBILE Any employee authorized to use their private automobile in the performance of their City duties will be compensated at the mileage rate prescribed by Florida Statutes. Such mileage shall be computed based on the distance between the employee's regular duty station and the place of assignment or the employee' residence and the place of assignment, whichever is shorter. Mileage shall not be paid for commuting; to and from the regular duty station or for court appearances or case - related conferences. 37 <�PBA -' City ARTWIX 26 13T1JGl4l TIN 730A"$, Ti* Oily Swf Pew Wit the Assocxaiion 16 post notices, of aix intiormallonal nature aba na 'io -0 Ir 4,, pdd ��sos pf ofjjl�,or4 ft ruid rqpre�eutWveg of th Svooloyeo , ft, squad ,,rooiD at the police ,�station. Ae,opy,of each bo" 6eAo� boposted shall be VA&Al!tWd.to the Chid df o ice, or their, desighee,,,M& 'c t-r �qt6lll(f tbod ug to po'til" atilIg I official, or employee of the bovoswdi 38 City ARTICLE 27 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. 39 PBA City ARTICLE 28 COMPENSATION All : g �11e4x)aVd4he -W!W it cease ei€ec�ive attd- tettoastive to Employees covered bx_tlJ. Aeregnie11t s.1, 1 receive a cone_•Cl_}•_time bonus eouivalent to 2% of their base_salary_iaa FY 20111 which will not be sul3ject to pension. final qvera> e calculation .and /or contributions., (_`ommgn ing with the ratification of this A Bement Special Risk Pay shall remaia-a be 850_00 4(1:80 per pay period for term of this contract. 1. Bargaining unit employees who serve as Field Training officers pursuant to the criteria below will receive a seven percent (7 %) of,the base houri rate 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 seven percent (7 %) FTO supplement will be added to the employee's base pay for the days during which the employee receives such supplement. 2. Bargaining unit employees covered by this Agreement who are temporarily assigned to a higher rattle shall receive seven 174rce�it C7%) of his /her base hpur�ly_r�ate as <i Sl2nplemerlt dur4 the- wages•of-tiieii- riling- ra�for each full day worked in the higher rank. 3. Longevity pay shall be calculated based on the hourly rate of each bargaining unit employee. ! Commencing_witlr the ratification of this Agreement. }.police officers assigned to diffTerential )pay oi'_50.45_aftertzoorishift or;b0;60 nicirri_ ghtslriftLThe ,hjIt_differexxtial f'ar_cwcrtimc armed_! ?ear ipl�ealculatLora _is clot tied to the base. Hours must be act��[y worked in order to receive the differential 7a . 5. Commencing,, wi th thAe xaCificrtign of fhis Agiecmutrtd�alice_ol�cer5 an_d sec cants, covered under this a xcement who are slgecialized units shall receive an assianment ply of $0.50V our actLLA l wor1�9d,_`Fhw M, at cn.t_pav is not tied. to the base fbr overtime and pension calculation. a. Motors b. Ci.1,:CT c. S.W. d. ,9 PBA City 6. No Merit increases will be provided udder this A. cna.ept _l [o�seveS, gn jLdy 2012 when the City receives Form DR 420 from the Miami -1_Dac e C:'oUrlt,y,.1'rc�egy App�a sgr's <lfticc it 11ae "current gr�7ss taxlLUle v_ie Pgaw operaCii�_puz�ses; iseater tlaaia, the ana unt of: the iqus years v_ al ue��a�tititiotxs_ rirlcieX ,_t.1.�is_lagrecanelat_tna opened solclyto dlscuss,t:hc possibility ' ripipstktuting Ag, t ingreases for the followJorg fiscal year, 41 c PBA City AMCLE 29 PROHIBITION AGAINST RE- OPENING OF NEGOTIATIONS Except as specifically provided herein, neither party hereto shall be permitted to re -open this Agreement or any part of this Agreement. This Agreement contains the entire agreement of the parties on all matters relative to wages, hours, working conditions, and all other matters which have been, or could have been negotiated by and between the parties prior to the execution of this Agreement. 42 PBA City Al2TWW3'0.'UN)YO" ANVEOUTOUNT T. ginplbye6s, dovewd by this A9fdcii6dhtshAA receive lioni the City, upon appoifitiodit, at no cost w the exoploybey,,tinew tit iforui; which" consist of the;fbllo (4), Om,( I )Ion sleevc;shkt; Five (S') shoii:4&V6 shirts; Pima, (S) pairs of, trotwers; 1) hat" Badge ,apd-lipie,tag; Leather gbbrds and accessories `to ifitlude�'but not be Ifitifted to:- haji4quffs acid ease mtridge erase, b6tstoraAd*61A hold radid holder, Two (2) p*sllidlicc-,Iow quailgr eopfatia slims,z (1) 7taingear; Upon employee' roquest, two pairs of nitifbrtxishoxis skull be"Issitod, The above hems shall bexep , Within 4 pea 044hIr jaigo-ont of fmid, &m, the, employee's Mitteii request. such retludst5 shall include the :ieasbo,for' OnIffig'Ont 4011 approval . of the ehAfit of we itoii4sstied zlwhingwill.-reddivd 6 clothing Allatmait I 01*�-Jia I I I f (1/2 - ) , ofi said 'a I I I I diftnt'w-ill be pai&oit ft "Pay day nearest the 150 ofbe'cOuibor of eophyear and the to W4 ft ,ft pay 40Y neatest ilia" 1 i Of ,V p u d emp g ces t e ver ed A $4,40 a6ljas 4hadlifty. clothing 41 owando ,of paid m the payday ncardstthe 1Stlx of Dseetribex of each year and the gtiter oneuhaif "(I /2) h(vp will, Aid on the pay day nearest the 7ttne of each year provided tha #,the loyte is Wfiolbylod oia, said &y,,. AUy employee Atiatts ftplb prorated except for ;retirext�eui,, rill have a porttoft of drat allowance-deducted Ro, the W VoyOhe*.' No W paycheck will he -gilvlen thojermihatcck eiuplpyep,uO[tkI 4111 eity- bWfiM Ptqodrty such a8,uniffirms and eq-pilitnpht, ID, etc. ,has been ,pe6ytsedtothe, qit% 43' City- however lLUSLIJujing nit ernoyw io ae Mied a Level11_vestiM u Me to ttu _ , i Level 11.1. vest at their own expense. The wearing of the vest will be at the option of employees, except in the performance of specialized duties and /or as specifically directed by the Department. 5. Each officer (upon request) will be issued surgical gloves and a plastic pocket resuscitation mask for use in administering first aid. Such items shall be replaced as needed, 6. Employees may be allowed to carry personally -owned shot -guns and ammunition which conform to department standards once the employee is qualified for use in that weapon or an identical weapon by a certified range master. 7. All personnel who intend to carry personal semi - automatic weapons on duty are subject to the following conditions: 1) The officer must complete transitional training prior to obtaining approval to carry the firearm as provided for in Article 11.3 - TRAINING. 2) A request to carry the firearm shall be approved by the Chief of Police. 3) Firearm shall be inspected and approved by a department armorer. 4) Sworn personnel shall not modify authorized firearms. 5) Holster and ammunition clip holder shall be purchased (by employee) and approved by the Chief of Police. 6) The officer shall complete a training course pertaining to the new firearm. 7) The officer shall qualify with firearm. 8) Firearms and magazines shall be carried with Department issue ammunition only. 9) The Department shall set forth the manufacturers and models approved for use. 8. Employees shall be issued PR -24 batons and shall receive appropriate training for use of such batons prior to issuance. Employees shall also be issued ASP's with holsters and shall receive appropriate training for use of such ASP's prior to issuance. 9. Uniformed personnel shall be permitted to wear, as 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). .. %'/(7� PIiA City ARTICLE 31. NON - PROMOTIONAL VACANCIES The City agrees to post non - promotional vacancies within the Department for a period of three (3) days prior to the tilling of the vacancy. However, it is understood and agreed that such posting shall not be construed to require the appointment of Departmental personnel to such vacancies. Further, the appointment of individuals to such vacancies shall remain within the sole discretion of the Chief of Police or their designee, based upon the recommendation of a review panel, from an existing eligibility list, except where Article 8, Section 3 of this Agreement provides for mandatory consideration of seniority. Eligibility lists for non - promotional vacancies shall expire after a three (3) month period after which vacancies will be re- advertised and new interviews held. 45 PBA City ARTICLE S2`PHYSICAL Ef AMMATIO AI*lIi'WORKC S' COMP)MSATIO 1 PMEFIT8 t. Employees wilt. Teeci've an electiowdiogram, eye 'exaun aluli physical e(atanlnation to inelude alcohol and rliuf - ,sereorz testing at least once a year (12 mo3ntbs,) petf6miccl by a pl ysncran -scleoted by `the City ar when requi steel lry the City: Scheduling of the- aliovewil 1,be,ratVie discretion of the City, anti the results will become part of the, eu?ployees permanent record: TI : City"N ll undertake the- cost of'the admivatiou i nc% with furinisln the employee with a copy of the` exammatiou repo t. I 3. fir the euent.of ara,>on -t #e tp injury to an employee; not 4,50 result of uegfikenee- by the employees such employee will be carried at fixll. past and benefits for o, p"erio&ACIt to exceed I i0 °calendar da`ys< 4. Employees covered by thi in, the, interest of publi& canil"rdencex there; need& to exist a nuMagowcut right to submit ctmpioyces' at random and without notff icatii n or ding arnd alcohol testing. Skid tests shall be'itl odditionX to the annual physical and inlay occur not more than one time per, erAnplciyee:each year':.,. 5. It is fiuther'upderstoozi utrd agreed that All issues, potf, , ting to Drug -and Alcohial; Tostii g, shall be ,governed by City of South M ianni Drug and A.IcolnoI Policy and be governed by City of Satnih Ivliaini Drug and .Alcohol Policy 'and WpAk4R -ules implemented of .l kofi: l';, 004 :aud mado,part,of personnel Alanual as adopted %y°the 4;6 I'BA, City` ARUC) Ala 33 RUT[R1✓1Y1 ENT 13 MEI+'1` S L' taoh" bargaining wit cmployee W116 xetia'es on" length of osdfvlce or fined eal disability shall ;receive 4, an lsonoraryone ,grade promotion and shall be issued a badge and idantifrcat's`on card" clearly marked "i'otii d," at the discretion of the C"iiicf `2. the followingphanges in retirement benefits are Hereby agreed'aitci are incorporated; lrereta as historical data; (4) BlIceovo cictober" 1 1995, the benefit ;accrual. rate; "(snultil lier) shall be increased from 1,.9 %n Xo 2;2'5 "�0 (fir services r�c7i�i�rt�ci in. c 15r9�'•19 tislcar, �-: (b) fiffoo tive October 1; 1906, Clia- hehefit`aceivai rata " (mrilt plier) shall be increased' from 2:25 %o to 2".5Q "/o for s lre 1)9 (c) 111f wive October 1, 1.997, the benetlf accrual "rate (multiplier) shall be ncteased groin IS& to 47$* fbt services pcifornied,in'tiae 19,27- 2;001. £fiscal scars'. (d) tfiective. October 1, 2001, the benefit accrual rate �xnult[glier) shall be i ret ?eased, from 2.75 to 1A percent t"oP services per£trrmed in the 20GI - '200 fiscal Year, () Effectiv`e October 1, 2002, alt pertsio benafii accrual"" "rate (ixiultipllet) for awotd police p0sonhol, shall bb, irieaaa §ed from 2.80 "percent to 2,90 for Services purforined in the 2002: 20"03 fiscal year (tj FMetive October 1,, 2003 A ihex'eafter the pctrsion benefit mmi, at -ate ('ffinitiplicr) for sworn police personnel shall be- ;increased, -om" 2.90 to j Oq percent; (g) ° 'he niultiplicr factor, for all years of service prior, to Ootobei''l,, 1993, the rtrultiplier shall, be 1.6%. for; exvices rendcrezl dttrirlg fz'seal.year 1993 -94' Motobe 1, 1993 through "Septerriber 30, 1991);, , e. nnul iplier shall be 1 ".8 %.. 1or'sarvica's'a "endereil liirirlg C?etokier 1, 1994 through 8,opteruber 20f 199;; the multiplier" shall, be l.9 °o to be applied at the time of i!etireinent of" each bargaining -,pm empl ryee gta .eiad.,b _:11a1s. A xreenieart: 96"e plicd- as46llbWs 47 MA city xlti�k��skak�- be- 7;' -a%a I B<Yrgaainffig =unit employees shall be 100% vested in the ratirerneof -plan when completian id ten (l% pars continuoils Sill. trine service in> the f6dretnant plan ,is' cbuipleted. Aecordingiy3, effebtive Cietober 1, 1993, all Bart aisririg unit euployees ii.tlte' retirement plant +wJxo;l�aue; as•oPOetober 1, l<393', botuveenten (iQ} audtwenty(20} years ofeonitinuous se y-we w tto'100 °fo; vested 4. Li:'1e%Cive.0060- ' 20131, the extllaloyee a ntiib-afton to tha retirement plan will.be 7.5° a Itoulcl tJre focal contribudor be actuarially deter xvned to ejceeed 15µ1o, bath the City and the employees z11 share. egtralty the;e;ces amount ( &,• should-the total` boritiibution be aetuartrally determined to be- 17 °(0, the City shall oonWbutea total of 8!.5 %; and the employees slxail catitributo a total of "$.5 ° /a }. 5. 'Effective October 'l, V(lL irr accordance with the: neu✓ provisioais o State Statute go Wing Chapter 18'" 1 ands, the snm of $1 ; rJ$ tiQ will be paid from, the Chapter 1$5 the grouch years G. The retirement plan is mtuxdatpry for all employees, vcrvcred under °tlig Oft meaxt hire d ' after 0etob& 1'4',-g 95. 7. Vital average cottxpeusation !:shall W044 the participant's annual obi -al nsatiost, as t1etcrrniued by the em g . and noodzsmn ma400t Vr,, aged, over the last best Ilve;(5 }:- ti�ree -(� yearperiod;at.tlxe a career rvitll the.° x trf South; lvliahu endrr3g oa. the part cipan ft, ht, dare, date of disabilh$y date. of term eMployrtteaiti, or date oi'tertni ration of the plan,,' vllzclieve "is applicable;,. PBA city. 8, TIv normal retirement date (tire: earliest ,ate a" bargaining unit employee may rctirC with full intrednced pension benefits) for a participant shall be.completion;of 25 years of credited, police service, regardless" i f age, or attainmeaof age sixty 60 antl,compictio n of ten t.0`years of credited police service;. 9. Employees covered by this Agreement shall" tie" allowed to apply for perm ssion to purchase credit for actiue:duty in the 10. S". nnilrtany air vice, .up to a marina iin of fou# (4) yeaw,in the Sottih Miami Retirement System, porsuattt to procedures to. Ire pronnulgated. bytlte City in colnsultation with the PBA. i"q. l itaployees ;enacted by this Agieeniont shall lie allowed to apply for" pennissiotr to purchase credit dot .iri itnediate tract City service as a rtieinbar a rile ba gaiai ztg unit up to a' ipn"oant of five �5) years isi the Soutilr 1Vitazial I2eiircrnenC System �71�gpant to: f?rocedurs to"be pronnulated by the Gity ltie; onsulta zgn"with the Pt3A.. fop acttuarial and Yeainncal lartgniage is ro be prepared by "actual iat aoxnparny," approved by the t itp and -the. 1'13> and "adoltified by the' 1'i nsiott.>3oatd. tltj colndit`ton of ittlpaitnnent of `kreaith 0J." My police ,officer :caused by tubercutosis, hypenlensioxty" team "disee, of hardening of the arteries, resulting in total disability or death, shall be, presumed to be nccltlentai and Su£ibred "in th "e, line of "duty unless the contrary be sho m b� competent evidence. 13 ; Attached hereto and iricorp hated by, tefereatce herein? i"s Ordinance 16- 08-1951 adopted l�1ay 20, 2008, entitled "Pension PIan," a5: to cuae ,. 49 I tcity -City ARUCL V4,34EDVCA TIO I NALINCOM9 1. The City agrees I I to''beat the cast of tuition 9,p,6cfalizcd e4ocation,courses to better equip e 0 - ea oftioulajob fa g for in which are cmploy&L l verb application for eitucatronal ass 6 s6li 6 subject to, Md of Police and :ffie" city MMagd Sudh 4pbitOvAl must be obloln0a, ql'kaa thirty 00) days Our tolhe begfilnittg of Any (oarge. 1, If any applicaticar is" ,approved, guloOlbiosbr reimbursement are as foliowst W) 5.0"K ro itxixursert ent of the cmfkme',W"st for t gadd of -of, '60tterf6r- h) -501/o xeimbuiseinent, of the oourse, cost, for a grade bf "B-" or lxdtfer',&f lyupowsubmission of prop Othe;gradwas provf4ed in sub sections a and above, dj The credit i st a any :courses appwv'ed 64 be capped Atiftc'rata uod by low ptdxiieiq "duni'ver"6s and/or community Ooflogtgt, s0 Bpi City ARTIO E-35 Gi!' PLOY' , E PT21 r�I�1 z�N C~LItWY LEAVE I . An employee who becomes" pregnant mast notify ,1116 Chief of Police ag sooh as slxe,teccives "a.ffiedical eoitfi xtatlon thats7fe is iegtxant; A pregnant otnployee is requirO to furifxsh a letter from hoix physip,im wveh will state the gniioipaiot : deltv6ry date, lbia oui i t#ui6 tlio nmplaya xaTay �eca tixtue to work. Until fliq d6lxcrery- and flie type§ Anti irxf Nk6bbs of dui to be fJeffbinted, the jf6girAfft omltloyee °tbay, !it the-diseretxotl op the Otty,. be placed. on 11ght duty sta10 with tixe aproval of the MOO Police or ikelt~ciegip atxd tike t ity 2i�afm l z the event', that a H& fluty position is not ayaflal le pt:the, police station, the pregAmt, entplt>y6e s'rate efpay rxzl .remaiirthe sanfe. 2, Pregnant employees slanll b6 grat*O disability, leave, on the same terms 'od; conditions ,as ,granted for other non prcgnanay xelat -Od� dxsabslz s Any bar 11im unit eM e, who becomes ptegna shall bc; 6iatitled. to unpaid ihat6fIttity leave,. Stich, r�ate�trty` leave shall .b6 granted for a p61 io`tl;fxl`up top: sip (�i marxilxs, hf the e�erit :tha th6 prepant eirAploYee kxas any accrued; annital 16av6, _sick i6ave or comp time; slid tJxay use all. or any part of the ;accrued cave at her;recit in Lieu ofunpaid leaves PIIA pity RTTCLE 3G EMPLO E ASS19TA.NC-tPROGI M Tlie city anii the PBA. caticur that axi stn lciyeo Assistaiice, l'r ±og aiia, {'rAF') Would be of arw Que Ill :ouppartin the o wraOaxis of the Police; DiepOiftdlt and to Wsterhik d welfare of the Dep4ilme,!Ws, law ooforeement pexsoxu�el Thar fpre, it is agreed that Clio City Manager anAhe lsBA unitArepresentatives will'utmix.as needed,, to, io ,elgp Op 4etior�, putt than stxeli a progratna at ds respohsiv� 4o 'the neezts of'the bargeiningtnnit; and,zaafforr�aMlatotlie City; mi ......... ..... PBA. , City. ztmzcx za- - zzzi� zsz r ar O MERO x, 1:. Whonever tlze; abolishment or merger of the poliee dd&itinent is cautemplat6d, the Assoco tioq shall be informdd of site] pfmU 3n, advance aad; be given an opportunity to; negotiate concarniug'ifie Impact of och abolislixnent or txteigea propa�al upon this,Agrcem�?1t. The abolisltrit m or monger: e btiatipsts.slxall z clizde :disctrssiosi of lirQVisiaas fox the plocenronl; of personnel, in a $o departments ox, in° the oltema&e, - soueraiaeo benefxfs: 0- PISA ARTICLE �9 A< 11�SU 121�PtN� 'gYI°%'7�:��S�Y31]Gi'i'UM A.CT Norm =ithstanding, any, other provision of this' Ag eement, the Vey' take whatever aetions way ate necessary' ,W, chxttpiy i Disabilities Ael or the p'Arida Ova Rights Act to provide ire individuals with disabilities as required under those ,lbws. To snail novty thr PISA of the aetion it, intends to •take to Com l for dh C 12A. Xt' the PBA disaarbe& with the 46fibb boil eitilAr In attd'xoai xomed�s, ntidUsYali trot tzo siabjcctto S agrees, that ft City diie Aindricans 'With le<aocorfinyodation to mplish this, th6l City, vitb the ADA, or thee yy. the City, the vm7 OU0 attd to, iteter Stine. fix; any;eontmilon or' Isabililies Actor the 6e, adininistrative or,,, PBA City ARTICLE 39 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 5 tygnbet,3U, 2011 55 PBA City