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Res. No. 047-09-12856RESOLUTION NO.: 47 -09 -12856 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE YEAR CONTRACT BETWEEN THE MIAMI -DARE COUNTY POLICE BENEVOLENT ASSOCIATION COLLECTIVE BARGAINING UNIT (POLICE OFFICERS AND SERGEANTS) AND THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami seek to provide the highest levels of law enforcement protection and services for the citizens, residents, businesses and visitors of the City of South Miami; and WHEREAS, a Collective Bargaining Agreement with the Miami -Dade County Police Benevolent Association (PBA), representing (Police Officers and Sergeants) of South Miami Police Department, is an integral component of this effort; and WHEREAS, the City Administration and the PBA have successfully concluded negotiations on a new one year contract which achieves these objectives; and WHEREAS, the PBA has ratified the proposed contract. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The Collective Bargaining Agreement for 2008 -2009 between the Miami -Dade County Police Benevolent Association and the City of South Miami, which is attached and herein incorporated by reference, is approved and the City Manager is authorized to execute said contract on behalf of the City; Section 2: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3: This shall take effect immediately upon approval of this resolution. PASSED AND ADOPTED this day of 2az e � 2009. ATTEST: 1 bffY CLERK WN I I 1 01 1 1 ", VAN 01' APPROVED: MAYOR COMMISSION VOTE: 4 -0 Mayor Feliu Yea Vice Mayor Beasley Yea Commissioner Palmer absent Commissioner Beckman Yea Commissioner Newman Yea South Miami AII•AmericaCOy CITY OF SOUTH MIAMI , f I I tf OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM zoos To: The Honorable Mayor & Members of the City Commission Via: W. Ajibola Balogun, City Manager From: Jeanette Emizo- Navarro, Human Resources a Date: March 17, 2009 Agenda Item No.: Subject: Approval of Contract between the City of South Miami and Miami -Dade County Police Benevolent Association (Police Officers and Sergeants) Collective Bargaining Agreement. 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 ONE YEAR CONTRACT BETWEEN THE MIAMI -DADS COUNTY POLICE BENEVOLENT ASSOCIATION COLLECTIVE BARGAINING UNIT (POLICE OFFICERS AND SERGEANTS) AND THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE. Request: Approving contract between the City of South Miami and Miami -Dade County Police Benevolent Association (Police Officers and Sergeants) Collective Bargaining Agreement. Reason/Need: Attached is the Collective Bargaining Agreement between the Miami -Dade County Benevolent Association for Police Officers and Sergeants and the City of South Miami for fiscal year 2008/2009. The content of the agreement is consistent with prior years, including a three percent (3 %) Cost of Living Adjustment (COLA) increase for fiscal year 2008/2009. The proposed Agreement has been ratified by the unit on March 6t6, 2009. Attached is a copy of the letter from the PBA attorney confirming the ratification. Cost & Funding Source: Account Number: 001- 1910 -521 -1210 Backup Documentation: ❑ Proposed resolution. • Letter from attorney confirming ratification. • Proposed Collective Bargaining Agreement Fiscal Year 2008 -2009. • Pension Ordinance 16 -08 -1951 titled "Pension Plan". ❑ Resolution 26 -09 -12835 amending Personnel Manual. i AND DADE COUNTY POLICE BENEVOLENT ASSOCIATION POLICE OFFICERS AND SERGEANTS Table of Contents Section Paqe Preamble 3 Article 1 Recognition 3 Article 2 Non Discrimination 3 Article 3 Dues Check -Off 3 Article 4 Association Representatives 3 -4 Article 5 Services to the Association 4 Article 6 Personnel Records 4 Article 7 Internal Investigation and Obligation to 4 -6 the Public Article 8 Shifts 6-7 Article 9 Vehicles and Safety Equipment 7 Article 10 Promotions 7-8 Article 11 Training 8 Article 12 Grievance and Arbitration Procedure 8 -10 Article 13 Holidays 10 Article 14 Sick Leave 10 -12 Article 15 Funeral Leave 12 Article 16 Leave of Absence 12 Article 17 Vacation Leave 12 -13 Article 18 Extra -Duty Police Employment 13 Article 19 Insurance Benefits 13 Article 20 Hours of Work and Overtime 13 -14 Article 21 Management Rights 14 -15 Article 22 Work Stoppages 15 Article 23 Awards 15 Article 24 Military Leave 15 -16 Article 25 Authorized Use of Private Automobile 16 Article 26 Bulletin Boards 16 Article 27 Severability Clause 16 Article 28 Compensation 16 Article 29 Prohibition Against Re- Opening 16 of Negotiations Article 30 Uniforms and Equipment 17 -18 Article 31 Non- Promotional Vacancies 18 Article 32 Physical Examination and 18 Workers Compensation Article 33 Retirement Benefits 18 -19 Article 34 Educational Incentive 19 -20 Article 35 Employee Pregnancy /Maternity Leave 20 Article 36 Employee Assistance Program 20 Article 37 Abolishment of Merger 20 Article 38 Americans with Disabilities Act 20 -21 Article 39 Term of Agreement 21 PBA 2 City 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. ARTICLE 1 RECOGNITION The Employer hereby recognizes the Dade County Police Benevolent Association as the collective bargaining agent for all permanent full -time sworn police personnel of the rank of police officer, and police sergeant, including probationary employees, but excluding all other employees of the City of South Miami, including the Chief of Police, Assistant Chief, Police Captain, Police Lieutenants and DiVisieR Gemmanders. The parties hereto agree to jointly petition the Public Employees Relations Commission to clarify the bargaining unit by removing the reference to "Internal Affairs Sergeants" and by adding "Police Majors" to the list of excluded positions. ARTICLE 2 NON - DISCRIMINATION 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 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 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. 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 any one grievance. It is understood and agreed, however, that the foregoing is subject to the manpower needs of the Department at all times. W___PBA City 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. 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 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. 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. 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. PBA City 1. 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. 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 on (1) interrogator at any one time. D. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are necessary. All interrogations will be held at the headquarters of the South Miami Police Department, insofar as possible. E. Any employee under investigation shall be informed of the right to be represented by counsel or any other representative of their choice 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, 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 non- governmental 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 �PBA s City 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. P. Not sustained or unfounded letters of complaint from citizens will not be inserted into an officer's cfficial personnel record. Q. The Charge of "conduct unbecoming" and all similarly vague charges will not be used by the City unless further substantiated by specific charges. R. Should disciplinary action result from an internal investigation, an employee may, at the option of the Chief of Police, be allowed to use vacation time to satisfy a suspension which is for five (5) days or less. S. The City shall make every effort to investigate, determine and complete Administrative Investigations (i.e. personnel complaints regarding rudeness) within 180 days of the complaint being filed. Failure to investigate, determine and complete such investigations within the above time limits shall prevent the City from taking disciplinary action against the bargaining unit employee against whom the complaint is made. Any continuances requested by the PBA or the employee shall extend the time limit accordingly. ARTICLE 8 SHIFTS 1. Seniority shall consist of continuous accumulated paid service by classification with the City. Seniority shall be computed from the date of appointment to the classification and shall accumulate during paid absences because of illness, injury, vacation, military or other authorized compensated leave. In the event bargaining unit employees have the same seniority by classification, seniority shall then be determined in the following descending order: Date of Hire by Department/Date of Hire by City/Draw Lots. 2. Non - probationary patrol officers and sergeants shall bid (semi - annually) for their choice of shift assignments and days off. Days off are not bid until shift assignments are set, including the Chief's mandatory assignments if any. The determining factor in said bid process shall be each employee's seniority as defined in paragraph #1 above. In order to meet department operational needs, the Chief may, at his discretion, make no more than two specific assignments to each shift (during the semi - annual bid process) beginning with the first shift change of 1999, in order to assure proper allocation of personnel resources. The Chief's assignment of two officers is without regard to seniority and appealable only to the City Manager. 3. A seniority list by shift and work assignment shall be established and shall be utilized when the department calls in for or holds over personnel, except in emergency or unusual situations. 4. Vacancies in specialized units shall be filled by permanent employees in all cases unless no permanent employee can demonstrate the experience or potential to properly function in such assignment. Should no permanent employee demonstrate said capacity, probationary employees may be considered. Assignment determinations shall be made by the Chief of Police based on the recommendations of a selection panel appointed by the Chief and such assignment determinations are not grievable. 5. 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 � PBA 6 City employee is still qualified to be an officer. Recalled employees shall notify the Employer if they desire to return to work within ten (10) days of receipt of recall notice, and must return to work within twenty -one (21) days from receipt of recall notice. An employee will be kept on the callback list for two (2) years. 6. Upon application to the Chief of Police, employees may exchange shifts, provided that: a) The shift exchange is between employees of like rank and experience. b) The shift exchange is requested in writing at least five (5) days in advance by both employees involved in the exchange. 7. 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. 8. The Chief retains the right to transfer employees from shift to shift to meet arising operational needs. After a transfer between shifts, days off will be re -bid if the new assignee is junior to others on that shift. Shift transfers are appealable via the chain of command to the Chief of Police. Denial of a shift transfer appeal shall be given in writing with the specific departmental needs identified. Bargaining unit employees may exercise an appeal to the City Manager within five days, in writing, identifying their concerns. 9. The City Manager will review the employees(s) concern(s) and will render a final decision which is not grievable. Their section shall not exclude or hinder a bargaining unit employee from utilizing Section 6, A, B, of this article. 10. Effective October 15t, 2005, the Department shall not modify, alter, adjust or otherwise change an employee's shift in order to avoid the payment of overtime for the purpose of staffing the following pre - planned City special events: • Santa's Elves Parade • Fourth of July • Martin Luther King Parade • Sunday's on Sunset • Safe Streets Halloween 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 State Statutes governing motor vehicle safety equipment. Employees will as soon as possible report any broken and /or malfunctioning equipment to their supervisor. Employees shall keep the vehicles cleaned and fueled. It is the responsibility of officers with assigned Take -Home Vehicles to promptly deliver their vehicle to the Motor Pool when repairs are necessary for scheduled preventative maintenance. 2. The City shall, insofar as possible, equip its marked patrol vehicles with the appropriate light bar (including take -down and alley lights), siren, two -way mobile radio, first -aid kit, emergency road flares, yellow crime scene tape and fire extinguishers. 3. The City shall furnish riot helmets, riot shields (if applicable) and gas masks individually to all uniformed officers and sergeants. 4. Employees agree to be bound by and abide by the Take Home Assigned Vehicle Policy dated 2/29/00. The City shall provide the Association with two (2) weeks advance notice of any modifications to the aforesaid Take -Home Vehicle Policy. ARTICLE 10 PROMOTIONS 1. Whenever a budgeted promotional vacancy exists in a police sergeant classification, the City shall fill such vacancy within thirty (30) days from an existing eligibility list, if a valid eligibility list is in existence. A promotional eligibility list will expire two years from the date of the examination which led to its creation. 2. Promotional examinations shall be validated in accordance with validation standards and techniques as established by the Chief of Police. Criteria to be used by the Chief of Police �PB ., city 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. ARTICLE 11 TRAINING 1. Employees who are required to attend off -duty weapons training will be compensated at the rate of time and one -half their regular straight -time rate. However, an employee who has not actually worked a forty (40) hour workweek will be compensated for their attendance at off- duty weapons training at their regular straight -time rate. 2. The City will provide each employee a copy of training bulletins. Additionally, the City will promptly post in a prominent place, City training bulletins as well as approved training advertisements. 3. The City agrees to pay for any course at the Southeast Florida Institute of Criminal Justice (located at Miami -Dade North Community College) which employees are required to attend. The City agrees to provide at least forty (40) hours of training every four years to meet Florida statutory certification requirements. The City may provide additional training in its discretion. 4. Employees who are required by the City to attend off -duty training shall be compensated at the rate of time and one -half of regular straight -time rates. The City shall have the right to change or alter work schedules in order to avoid overtime when scheduling training. Insofar as possible, the City shall give forty -eight (48) hours notice to employees of such off -duty training. However, individual employees may waive such notice. 5. The City shall attempt to provide weapons training for all employees, but in no event will such training be less than once annually. Their training is in addition to the training provided under paragraph 11.3. Upon qualification and a demonstration of proficiency, employees shall be permitted to carry, on duty, semiautomatic weapons which have been approved by the Department and in accordance with Article 30. The department will make every reasonable effort to facilitate the employee attending the firearm range during their normal working hours. In the event the department is unable to schedule the employee to attend the firing range during their normal working hours, the employee may be required to attend the firing range during their off -duty hours; provided, however, that the actual time spent by the employee in acquiring such training during their off -duty hours shall be compensated in accordance with the hours and overtime provisions contained herein. The City agrees to provide ammunition for firearms training. 6. Insofar as possible, the City agrees to continue its present training programs for the duration of this Agreement. 1. Ina 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 parry 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: PBA 0 City 4. I1 STEP 1: The employee shall first take up their grievance with the Lieutenant 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 Lieutenant Division Gemrnar d shall be reduced to writing by the employee and shall next be taken to the supervisor above the Lieutenant ' 'W SR . 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 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. 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 Wth the procedures set forth in Step 3 and Step 4. 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 grieveable through Step 3 of the Grievance Procedure. The probationary period of newly hired employees shall be one (1) year. 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. 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 �P 9 City fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine their consideration and determination to the written statement of the grievance presented in Step 2 of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall their collective bargaining agreement be construed by the arbitrator to supersede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein. 8. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share the said cost. 9. The parties shall make their choice of the impartial arbitrator within seven (7) calendar days after receipt of the panel from the Federal Mediation and Conciliation Service. Copies of the arbitrator's award made in accordance with the jurisdiction and authority under this Agreement shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on the parties. Either party may reject up to two (2) arbitration panels in any given case. ARTICLE 13 HOLIDAYS 1. The below - listed paid holidays shall be granted under the following conditions: 1) January 1 New Year's Day 2) 3rd Monday of January Martin Luther King's Birthday 3) 3d Monday of February President's Day 4) 0 Monday of May Memorial Day 5 July 4 Independence Day 6) 1" Monday of September Labor Day 7) November 11 Veteran's Day 8) Last Thursday in November Thanksgiving Day 9) Friday after Thanksgiving 10) % day December 24 Christmas Eve 11) December 25 Christmas Day 12) Birthday After 1 year continuous service 13) 1 Floating Holiday After 1 year continuous service 2. Where observance of these holidays may interfere with the work schedule, such observance on alternate date may be made at the department head's discretion, with the approval of the City Manager. In such circumstances, an employee shall receive, at the employee's option, an additional day's pay at their straight -time rate of pay, or compensatory time at their straight -time rate of pay. 3. When a holiday falls on the regularly assigned day off for an employee, such employee shall receive, at the employee's option, an additional day's pay at their straight -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. ARTICLE 14 SICK LEAVE 1. Sick leave shall be granted to employees for absence because of: (a) Personal illness or physical disability resulting in the incapacity of the employee to perform the regular duties of their position and not arising from a service- connected injury or accident. (b) Medical, dental or optical treatments and examinations. (c) Personal illness or physical disability resulting in the incapacity of the employee to perform the usual duties of their position and arising from a service -con M cted injury P13A 10 City or accident, but only after all available disability benefits offered under Workmen's Compensation are exhausted, provided further that use of sick leave in this manner shall be at the employee's request and is not mandatory. (d) Illness or injury to a member of a bargaining unit member's immediate family that requires the employee to care for that immediate family member. 2. Employees shall be credited with one (1) day of sick leave at the end of each month during the year. 3. Sick leave may be taken only to the extent that it is accrued. No advance sick leave shall be granted except in an emergency and upon approval of the City Manager. 4. Current employees will be eligible to receive the sick leave payout, with the existing cap of 600 hours, for the term of this Agreement. Employees who are hired on or after October 1, 1995, will not be eligible to receive any sick leave payout. 5. Effective October 1, 1995, employees will be allowed to accrue sick leave in excess of the 600 hours cap. Nevertheless, the sick leave payout will be governed by Section 4 of this Article. 6. All current employees, as of October 1, 1995, will retain current payout provision upon °termination of employment, and will have no cap on sick leave accrual. All employees hired after October 1, 1995, shall receive no sick leave payout upon termination, but will have a "no -cap" maximum on sick leave accrual. All employees who have attained a sick leave balance of a minimum of 36 days (288 hours) shall be eligible on their first anniversary date following that accumulation to convert up to 32 hours of their annual unused sick leave balance in excess of 288 hours to vacation leave. An employee who uses in excess of 32 hours of sick leave during a one -year period will not be eligible for this benefit. The catastrophic illness bank will be abolished and accrued hours will be returned to employees who have accrued this leave. 7. An employee whose service with the City is terminated and who has taken sick leave that is unearned at the date of termination, shall reimburse the City for all salary paid in connection With such unearned leave, except in cases where the employment is terminated by the death of an employee, or in cases where and employee is unable to return to duty because of their disability, the evidence of which shall be supported by an acceptable medical certificate. 8. In all cases of absence on sick leave in excess of three (3) work days and in cases of absence on sick leave for any period less than three (3) work days when the Personnel Department or Department Head shall so direct, the written request for sick leave shall be accompanied by a certificate signed by the physician or other licensed medical practitioner treating the employee, certifying as to the incapacity of the employee during such period to perform the usual duties of their position. Such directives shall be valid and in force for a period not to exceed four (4) months. The Personnel Department or Chief may issue additional directives not to exceed four (4) months in duration, in their discretion. The issuance of all such directives may be appealed to the City Manager. Failure to 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 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% 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. 11 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. 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, 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. 5. Should an employee require more funeral leave above the allotted time, may request up to additional time not to exceed ten (10) days. Such requests must be submitted at least five (5) days prior to the start of the requested leave and be pre- approved by the Chief of Police. Moreover, the employee requesting such leave must have at least ten (10) days in either their sick, vacation or compensatory leave banks. ARTICLE 16 LEAVE OF ABSENCE 1. "No Pay" leave may be granted by the City Manager for a period not to exceed six (6) calendar months to enable the employee to receive professional or technical training which will improve their work upon their return to service, or because of the employee's extended illness or non-job-related disability. Maternity leave shall be treated the same as any other extended illness or 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. 2. "No Pay" leave granted to any employee shall not to be charged against vacation leave, but entry thereof shall be made upon the leave records of such employee. 3. Any employee granted leave without pay for six (6) months or more shall be entitled to be placed by the City only if a job position is available, it being clearly understood that if the job position last held has been filled or eliminated, the City will make every effort to place the employee in another 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 17 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* 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. ,�PBA 12 City (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. 3. Employees will be permitted to split their vacation dates at the discretion of the Chief of Police. ARTICLE 18 EXTRA -DUTY POLICE EMPLOYMENT 1. Police Officers authorized by the Chief of Police to perform extra -duty police employment shall charge the vendor a minimum of $30.00 per hour. 2. Any employee who may be injured while acting in the scope of such employment shall be entitled to the same rights, privileges, benefits and workers' compensation as if on duty provided that such extra -duty employment is authorized by the Chief of Police. 3. The parties agree to the formation of a committee to promulgate recommendations for a fair and equitable system of allotting extra duty work. This Committee shall consist of members of the collective bargaining unit (selected by the PBA), staff and management of the police department. 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. ARTICLE 20 HOURS OF WORK AND OVERTIME 1. Forty (40) hours shall constitute a normal workweek for an employee covered by this Agreement. Nothing herein shall guarantee any employee payment for a forty (40) hour workweek unless the employee actually works forty (40) hours or their actual hours worked and their authorized compensated leave totals forty (40) hours or, except as provided in paragraph 3 below, and eight (8) hour day, shall be compensated at the rate of time and one -half of the employee's regular straight -time rate. All available overtime shall be offered to bargaining unit employees in order of seniority barring the existence of emergency or exigent circumstance that would not allow a reasonable amount of time to contact employees on a seniority basis. 2. Employees exceeding the number of unexcused sick leave days, in accordance with Article 14, section 12 of this agreement, as determined by the Departmental Policy, shall not be able to use sick leave to comprise hours worked for overtime purposes for the remainder of the calendar year. 3. If an employee covered by this Agreement is called out to work at a time outside their normal working hours, he shall receive a minimum of three (3) hours' pay at the rate of time and one- half their regular- straight time. However, an employee who has not worked a forty (40) hour workweek or an eight (8) hour day shall be compensated for the call out at their regular straight -time rate. 4. Employees who are required to make off -duty court appearance as a subpoenaed witness in the federal or state courts or as a deponent in pending criminal, civil or traffic cases involving or arising out of the discharge of the employee's duties in the course of their employment with the City will receive a minimum of three (3) hours pay at the rate of time and one -half their regular straight -time rate. However, an employee who has not worked a forty (40) hour workweek or an eight (8) hour day shall be compensated for the off -duty appearance at their regular straight -time rate. Employees shall be allowed to retain witness and travel fees received for court and deposition appearances. 13 City 5. Insofar as possible, employees covered by this Agreement shall be given forty -eight (48) hours notice of any changes in their regular hours of work. Further, insofar as possible, the Department will avoid scheduling an employee to work on continuous shifts. Should an employee be scheduled to work continuous shifts, their days off may be adjusted within the same pay period by the Department. Employees shall be given two (2) weeks notice of normal shift change. 6. No supervisor or official shall take action to cause the non - payment of overtime in circumstances wherein an employee covered by this Agreement has performed work, which entities him to payment of overtime: provided that nothing herein shall restrict the 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. 8. Compensatory time shall be administered in accordance with the following guidelines: (a) Compensatory leave may be accrued to a maximum of two hundred (200)_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 200 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. (c) Compensatory leave shall be requested in writing at least one (1) week prior to the effective date of requested leave, unless there is an emergency or the one (1) week time frame is agreed to and waived by the Chief of Police or is designee. Approval or disapproval shall be made in writing within 3 business days after the request is submitted. Under exceptional circumstances as approved by the Chief of Police, the time limits for request of compensatory leave may be waived. (d) Once approved, compensatory leave will not be canceled by the Employer unless an emergency situation as determined by the Chief of Police exists. 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. Hire and /or otherwise determine the qualifications of employees and the criteria and standards for employment; C. Fire, demote, suspend or otherwise discipline employees for proper cause; D. Promote and determine the qualifications of employees; E. Lay off 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, & cease any job; v? �T \ PBA 14 City N. Determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement; 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 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 22 WORK STOPPAGES 1. The Association agrees that, under no circumstances, shall there be any work stoppage, strike, sympathy strike, safety strike, jurisdictional dispute, walkout, sit -down stay -in, sick -out or any other concerted 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 1 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 their Article, the City shall be entitled to seek and obtain legal and /or equitable relief in any court of competent jurisdiction. 4. For the purpose of this Article, it is agreed that the Association shall be responsible for any act committed by its officers, agent, and /or representatives which act constitutes a violation of state law or the provision herein. in addition to all other rights and remedies available to the City under state law, in the event of a breach of the provisions herein, the City shall have the right to unilaterally and without further notice terminate their collective bargaining agreement, Withdraw recognition from the Association, and cease dues deductions. ARTICLE 23 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 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 Fdrees or the 15 �� City State of Florida National Guard shall be entitled to military leave pursuant to Chapter 115.07, Florida Statutes. 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. ARTICLE 26 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 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. ARTICLE 28 COMPENSATION o ♦4, 4......d 41.., .. non ou baF92lRiR9 unif- merr+beWs shall receive --, tkraa- �aerseFlt -E3 /o) asress Employees covered by this Agreement shall receive a three percent (3 %) wage adiustment effective October 1 2008 provided that the individual was emploved as a bargaining unit employee on October 1 2008 and is still employed as of the date of ratification of this Agreement. Special Risk Pay shall remain at $40.00 per pay period for term of this contract. 1: Bargaining unit employees who serve as Field Training officers pursuant to the criteria below will receive a seven percent (7 %) supplement during the time that the employee performs FTO duties. In order to receive the FTO supplement, the employee must: (1) secure an FTO certificate from the State of Florida, and (2) be assigned to and actually perform FTO duties. Thus, employees will receive FTO pay only during those days in which the employee is at work, is assigned to FTO duties and performs FTO duties. The seven percent (7 %) FTO supplement will be added to the employee's base pay for the days during which the employee receives such supplement. 2. Bargaining unit employees covered by this Agreement who are temporarily assigned to a higher rank shall receive the wages of their acting rank 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. ARTICLE 29 PROHIBITION AGAINST RE- OPENING OF NEGOTIATIONS Except as specifically provided herein, neither party hereto shall be permitted to re -open this Agreement or any part of this Agreement. This Agreement contains the entire agreement of the parties on all matters relative to wages, hours, working conditions, and all other matters which have been, or could have been negotiated by and between the parties prior to the execution of this Agreement. ±IBA 16 ty �J ARTICLE 30 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; (j} 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. 5. Each officer (upon request) will be issued a surgical gloves and a plastic pocket resuscitation mask for use in administering first aid. Such items shall be replaced as needed. 6. Employees may be allowed to carry personally -owned shot -guns and ammunition which conform to department standards once the employee is qualified for use in that weapon or an identical weapon by a certified range master. 7. All personnel who intend to carry 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. 6� -P-BA 1 City 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). ARTICLE 31 NON - PROMOTIONAL VACANCIES The City agrees to post non - promotional vacancies within the Department for a period of three (3) days prior to the filling of the vacancy. However, it is understood and agreed that such posting shall not be construed to require the appointment of Departmental personnel to such vacancies. Further, the appointment of individuals to such vacancies shall remain within the sole discretion of the Chief of Police or their designee, based upon the recommendation of a review panel, from an existing eligibility list, except where Article 8, Section 3 of this Agreement provides for mandatory consideration of seniority. Eligibility lists for non - promotional vacancies shall expire after a three (3) month period after which vacancies will be re- advertised and new interviews held. 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. In the event of an on- the -job injury to an employee, not as a result of negligence by the employee, such employee will be carried at full pay and benefits for a period not to exceed 180 calendar days. 3. Any employee injured on the job shall be paid the full eight (8) hours wage for the day of the accident if their treating physician advises that he should not return to work that day. 4. Employees covered by this agreement further agree that, in the interest of public confidence, there needs to exist a management right to submit employees at random and without notification for drug and alcohol testing. Said tests shall be in addition to the annual physical and may occur not more than one time per employee each year. 5. It is further understood and agreed that all issues pertaining to Drug and Alcohol Testing shall be governed by City of South Miami Drug and Alcohol Policy and Work Rules implemented on March 1, 2004 and made part of Personnel Manual amended February 17, 2009. ARTICLE 33 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. The following changes in retirement benefits are hereby agreed and are incorporated hereto as historical data: (a) Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased from 1.9 to 2.25 %; (b) Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased from 2.25% to 2.50 %; (c) Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased from 9 Fno% fn 9 7FO/ (d) (e) tPBA 18 City (f) Effective October 1 2003 ano trterearrer me pension UC11CIIL nUUJ -01 ,aw ,u,. N for sworn police personnel shall be increased from 2,90 to 3.00 percent. (g) The multiplier factor to be applied at the time of retirement of each bargaining unit employee shall be applied as follows: I. For all years of service prior to October 1, 1993, the multiplier shall be 1.6 %. For services rendered during fiscal year 1993 -94 (October 1, 1993 through September 30, 1994), the multiplier shall be 1.8 %. For services rendered during October 1, 1994 through September 29, 1995, the multiplier shall be 1.9 %. II. For services rendered from October 1, 1995 through September 30, 1996, the multiplier shall be 2.25 %. Ill. For qprvigps FPHdPrPd , 29 !997 the Ir' r ti..n ro- .,. i"' °P'''"• ..4',..11 4.� 9 7/C0% ' ..' 100-07e- vesfed 4. Effective October 1, 2001, the employee contribution to the retirement plan will be 7.5 %. Should the total contribution be actuarially determined to exceed 15 %, both the City and the employees will share equally the excess 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 %). 5. 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 future Chapter 185 funds in partial exchange for the 25 years of service and out benefit improvement to the pension plan. 6. The retirement plan is mandatory for all employees hired after October 1, 1995. 7. Final average compensation shall mean the participant's annual compensation, as determined by the employer, acting in a uniform and nondiscriminatory manner averaged over the last three (3) year period ending on the participant's retirement date, date of disability, date of termination of employment, or date of termination of the plan, whichever is applicable. 8. The normal retirement date ma�e with full unreduced pension benefits for a participant shall be completion of 25 years of credited op lice service, regardless of age, or attainment of age sixtv 60 and completion of ten 10 years of credited op lice service. 9. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for active duty in the U. S. military service, up to a maximum of four (4) years in the South Miami Retirement System, pursuant to procedures to be promulgated by the City in consultation with the PBA. 10. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immediate past City service as a member of the bargaining unit up to a maximum of five (5) years In the South Miami Retirement System pursuant to procedures to be promulgated by the City in consultation with the PBA. The actuarial and technical language is to be prepared by actuarial company, approved 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. 1 Far full taYt— pleaSepea OFdin j 9@ 1951 @ ` d May �n inn z s FI o of 19 City 11. Attached hereto and incorporated by reference herein is Ordinance 16 -08 -1951 adopted May 20 2008 entitled "Pension Plan ". ARTICLE 34 EDUCATIONAL INCENTIVE 1. The City agrees to bear the cost of tuition for specialized education 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; c) Any such reimbursement shall be made only upon submission of proof of the grades as provided in sub - sections a and b above; d) The credit hour cost of any courses approved shall be capped at the rate used by local publicly funded universities and /or community colleges. 4. 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 35 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 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 top 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 36 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 37 ABOLISHMENT OR MERGER 1. Whenever the abolishment or merger of the police department is contemplated, the Association shall be informed of such plans in advance and be given an opportunity to negotiate concerning the impact of such abolishment or merger proposal upon this Agreement. 2. The abolishment or merger negotiations shall include discussion of provisions for the placement of personnel in other departments or, in the alternative, severance benefits. �_EBA 20 City ARTICLE 38 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. ARTICLE 39 TERM OF AGREEMENT 1. Except as provided herein, all provisions of this Agreement shall be effective upon ratification by the PBA and the City. This Agreement shall remain in full force and effect until and including September 30, 2009. City of South Miami By: Ajibola W. Balogun, -City Manager Approved as to form: By: - -- JaCrosland, Bryant Miller Olive, P.A. Labor Counsel to the City of South Miami In Pes Casey, PBA Attorney, / Miami -Dade County PBA 21 Date: 03 3 0 Oct 3.��,9f _3 z-� 0�1' Date: e.Law O eee of (fIcsraecl & Casey, -r pg 2701 PONCE DELEON BOULEVARD 6UITrEE ZOO Coral 9a6 1ea, 33134 -6020 FAX L.D61 .+a65605 TEL I1O61 9.Ld -5672 DONALD D. SLESNICK 11 <CRTiI,[O IN l/.]OR [M VLGTM CNT Lnw' �Y TNG RLOR�DA DAA tlan6fssnirk9sclyr.com March 9, 2009 W. Ajibola Balogun, REM, CFEA City Manager / Director, Public Works City of South Miami City Hall 6130 Sunset Drive South Miami, FL 33143 Re: City of South Miami and Dade Comity PBA Rank & File 2008 -2009 Contract AMENDED LETTER Dear Mr. Balogun: JAMES C. CASEY 1t01110A aJPR[MC CO V AT CCATISlC6 CIVIL COVRT NL DIATOP Jint OyOsdiP.mm Please be advised that a ratification vote on the proposed City of South Miami and Dade County PBA, Rank & File 2008 -2009 Contract was held today, Friday, March 6, 2009 at the South Miami Police Department. The contract was approved. Therefore please make the necessary arrangements for Commission approval of the agreement. Thank you in advance for your cooperation. Sincerely, ✓ ,Oames C. Casey JCC /ep cc: James C..Crosland, Esquire, Bryant Miller & Olive Cristina Escobar, Esquire, Dade County PBA Legal Jeanette Enrizo, Director of Human Resources Ralph Cubela, PBA Representative ORDINANCE NO. 16- 08 -19SI AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIANII, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR A RESTATEMENT OF THE PLAN TO CONSOLIDATE THE VARIOUS AMENDMENTS MADE OVER TIME TO THE PLAN AND TO CLARIFY THE PROVISIONS OF THE PLAN; PROVIDING ADMINISTRATIVE AMENDMENTS TO THE PLAN TO COMPLY WITH STATE AND FEDERAL REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami desires to provide a restatement of it Pension Plan to consolidate amendments and revisions adopted of the years since the Plan was originally adopted; and WHEREAS, certain provisions of state and federal laws are required to maintain tax qualified status; and WHEREAS, the City recognizes that such pension plan restatement is a desirable, action to clarify the various provisions of the Plan; and WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to such restatement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. Part I, Provisions governing the South Miami Pension Plan, Chapter 16, Article II, of the South Miami Code of Ordinances is hereby amended and restated to read as follows: Part I. Provisions governing the South Miami Pension Plan. Chapter 16 - Pensions Ord. No. 16 -08 -1951 ARTICLE 11- CITY PENSION PLAN See. 16-11. Plan established. A pension plan is hereby established and placed under the management of a pension beardBoard of Trustees for the purpose of providing retirement allowances for employees of the City of South Florida, and shall be known as "South Miami Pension Plan." The effective date of the plan shall be October. 1, 1965. If any provision of this article not affect other (Ord. No. 528, 12 -7 -65) Sec. 16-12. Definitions. Base index shall mean the current index determined on the valuation date coincident with, or otherwise, immediately preceding a Participant's normal retirement date. The base index applicable to aParticipant who elects a late retirement date shall mean be the base index which would apply had the partcipant's normal retirement date been such last retirement date. Basic benefit shall mean that portion of the pension payable to a pParticipant under the plan, which portion, upon the disability or retirement of any Participant, is guaranteed both as to amount and duration. Beneficiary shall mean the person last designated by a Participant as entitled to receive any benefits which may be payable under this plan by reason of the death of the Participant. Consumer price index shall mean the statistical table based on changes in the price of consumer goods and services published periodically by the Bureau of Labor Statistics of the United States, which table relates to the United States as a whole. Credited service shall mean envleyee°s Participant's continuous employment with the Employer. Leaves of absence authorized by the Employer with periods of absence in connection with military service during which the Participant's employment rights were protected tby law shall not be considered to have broken the continuity of his employment; provided, employee has become re- employed by the Employer within time period and for offi ers Uniform Service Employment and Reemployment Rights Act (USERRA) P Chapter 185 of the Florida Statutes after honorable discharge from the military service. Further, that the employee has paid an amount equal to the contributions that would have been made during such leave of absence based on the Participant's salary immediately prior to entry into military service, provided that police officer Participants shall not be required to make such Payment of contributions per Chapter 185, FS. No employee shall be eligible to become a Participant during such absence. Page 2 of 26 Drd. No. 16 -05 -1951 Current index shall mean the average of the six (6) latest available monthly Consumer Price Indexes published immediately preceding the applicable valuation date. Employee shall mean any person employed full -time by the Employer on a regular, permanent basis.; Elected officials, and— fireman-, and any person whose customary employment is for twenty (20) hours or less in any one week, or for five (5) months or less in any calendar year shall be excluded. The city manager, and city clerk shall be included within the definition of employee, however such positions shall be allowed to opt out of this pension plan. Employer shall mean City of South Miami. 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 - year period ending on the Participant's retirement date, date of disability, date of termination of employment or the date of termination of the plan, whichever is applicable. For police officers, final average compensation shall mean the greater of: (1) The average of the Participant's five best years of annual compensation during the last ten (10) years of service or (2) The average of the Participant's annual compensation over the Participant's last three (3) years, as described above. Group annuity policy shall mean a policy issued by an insurance company to the Employer providing retirement benefits as established in this pension plan. Investment shall mean purchase in any fund, stock, insurance policy or any other instrument or method as provided by law. Board of Trustees shall mean those individuals appointed to the pension board in accordance with the provisions of this pension plan. Participant shall mean any employee who has met the eligibility requirements provided herein and who has performed all acts required for eligibility. Unless otherwise limited by the context, including a former employee who has retired and who is receiving benefits under this plan, and a former employee whose employment has otherwise terminated and who remains eligible for benefits under this plan. Participation date shall mean October 1 of each year this plan is in effect, including October 1, 1965. Plan shall mean South Miami Pension Plan effective October 1, 1965, as the same may be amended from time to time. Page 3 of 26 Ord. No. 16 -08 -1951 Plan year shall mean the twelve (12) month period commencing on any participation date and ending on the following September 30. Prior index shall mean the last current index which was used to adjust benefits on the last valuation date immediately preceding the current Valuation Date. Retirement date shall mean the date on which payment of a Participant's pension benefit commences, whether such date is leis normal or, if applicable, early or late retirement date. Supplemental benefit shall mean a variable benefit reflecting changes in the cost of living determined from the Consumer Price Index, which may become payable on October 1, 1970, and every October first thereafter for the ensuing twelve -month period to persons retiring or becoming disabled on or after October 1, 1970. Valuation date shall mean the September first on which the current index shall be compared with the Base Index of each payee receiving a basic benefit to determine whether a supplemental benefit may be payable. See. 16-13. Eligibility. (a) Each employee employed by the Employer on October 1, 1965, shall be a Participant on the first participation date on which he has completed two (2) years of Credited service and has attained his twenty -fifth birthday. (b) Each Employee who becomes an employee subsequent to October 1, 1973, shall be a Participant on the first participation date on which he /she has completed six (6) months of Credited service and has obtained his/her twentieth birthday. For all current retirem entl systemsi of October 1, 1995, each fiscal year there will be a window for joining October 1 through October 31. (c) It shall become mandatory for all Employees hired on or aft r October 1, 1 by the o t the pension plan after completion of'- r--- �= . r PFiedsix (d) Each eEmpooyee classified as police officer shall become eligible to participate in thise plan upon the date of employment provided the police officer began participation in this plan when first eligible as provided in subsections (a) and (b) of this section. Page 4 of 26 ©rd. No. 16 -08 -1951 b P 7 „�., (`.orl'tn ice"- ac- au-r�'r�azcrs.. `7 + T•� •7;dfin- • hie the Empleyee did 190 + See. 16 -14. Pension benefits and retirement date. (a) Retirement date. The normal retirement date with full unreduced pension benefits for a Participant, shall be as follows: (1)" General employees. ems-- b shall be the first day of the calendar month coincident with or, otherwise, next following the later of the Participant's si*tiethiifty -fifth birthday and the date on which the Participant has completed ten (10) years of Credited service. (2) Police officers. .cF- ti shall be the completion of twenty -five ire........ (25) years of credited police service, regardless of age, or attainment of age sixty ((0) and completion of ten (10) years of credited police service. (b) amount of pension. The yearly amount of pension payable to a Participant on the first day of the month coincident with or next following the Participant's retirement date shall be an amount equal to the Participant's number of completed years of Credited service multiplied by a percentage of Final average compensation as stated herein. shall�e eq sbios/laer— ii, detemain b his./her twenty fifth sum ef f and 41e (1) Basic benefit. (a) A basic benefit det a «. > . for Participant's retiring prior to October 1 1970 shall be determined by multiplying 1.6 percent of the Participant's final average compensation by the number of completed wears of Credited service excluding the first two (2) years of such service and any additional servtce completed by the Participant prior to the Participant's twenty -fifth birthday. Page 5 of 26 Ord. No. 16 -08 -1951 (b) However, as to those Participants who became an Employee subsequent to October 1, 1973, there shall only be excluded the first six (6) months of such service plus any additional service completed by- himt prior to the Participant's hisA3er twentieth birthday and/or additional service completed prior to the Participant becoming eligible to join this pension plan. (2) General employees (a) Effective October 1, 1993, the pension benefit accrual rate (multiplier) for general employee Participants, shall be increased from 1.6 percent to 1.8 percent for services performed in the 1993 -1994 fiscal year;-. (b) Effective October 1, 1994, the pension benefit accrual rate (multiplier) for general employee Participants, shall be increased from 1.8 percent to 1.9 percent for services performed in the 1994 -1995 fiscal year. (c) Effective October 1, 1995, the pension benefit accrual rate (multiplier) for general employee Participants shall be increased from 1.9 percent to 2.25 percent for services performed in the 1995 -1996 fiscal year. (d) Effective October 1, 1996 the pension benefit accrual rate (multiplier) for general employee Participants shall be increased from 2.25 percent to 2.50 percent for services performed in the 1996` 1997 fiscal year. Effective OnnntR Gha 1 be 2X) percent OG11G11L aa.�.auw for a] all services Performed throu h Se tember 30 1998. (e) Effective October 1, 1997 the pension benefit accrual rate (multiplier) for general employee Participants shall be increased from 2.50 percent to 2.75 percent for services performed in the 1997 -1998 fiscal year and thereafter. Effective Otto n shall enerar em lv GG 1 4 t =�• Se tember 30 1999, and 2.75 prcent for services performed thereafter. (3) Police officers (a) For sworn police personnel, effective October 1, 1993, the pension benefit accrual rate (multiplier) shall be increased from 1.6 percent to 1.8 percent, for services performed in the 1993 -1994 fiscal year. Page 6 of 26 Ord. No. 16 -08 -1951 (b) Effective October 1, 1994, the pension benefit accrual rate (multiplier) shall be increased from 1.8 percent to 1.9 percent, for services performed in the 1994- 1995 fiscal year. (c) Effective October 1, 1995, the pension benefit accrual rate (multiplier) shall be increased from 1.9 percent to 2.25 percent for services performed in the 1995- 1996 fiscal year. (d) Effective October 1, 1996 the pension benefit accrual rate (multiplier) shall be increased from 2.25 percent to 2.50 percent for services performed in the 1996- 1997 fiscal year. (e) Effective October 1, 1997 the pension benefit accrual rate (multiplier) shall be increased from 2.50 percent to 2.75 percent, for services performed in the 1997- 2001 fiscal year. ` (f) Effective October 1 2001 the pension benefit accrual rate (multiplier) for sworn police ersonnel shall be increased from 2.75 percent to 2.80 percent for services performed in the 2001 -2002 fiscal year. (g) Effective October 1 2002 the pension benefit accrual rate (multiplier) sworn police personnel shall be increased from 2.80 percent to 2.90 percent for services performed in the 2002 -2003 fiscal year. (h) Effective October 1 2003 and thereafter the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.90 percent to 3.00 percent. tint mg •�, a �. i nm oz a nnc �� ii «• bargaining-agreemerAs-. (i) Notwithstanding the above subsection, the pension benefit accrual rate (multiplier) for sworn police personnel shall not be less than two (2) percent for all years of service. (4) Supplemental benefit A supplemental benefit if any is payable determined on each valuation date which occurs after the participant's normal retirement date. The s_pplemental benefit shall be equal to (1) an amount determined at the first applicable valuation date by multiplying the yearly amount of basic benefit by the percentage, if any, by which the current index exceeds the base index and (2) an amount determined at each subsequent valuation date where the current index exceeds the prior index, or where the prior index exceeds the current index by reducing such sum by the product of such sum and the percentage by which the prior index exceeds the current index, however that in no event shall the supplemental benefit payable at any time be greater than the excess of (1) the basic benefit increased at three (3) percent compounded annually from the initial valuation date Mlicable. to lithe Participant over (2) the basic benefit In no event shall the supplemental benefit be reduced below zero so as to affect Page 7 of 26 Ord. No. 16 -08 -1951 (c) Early retirement. (1) A Polic�r Participant may elect an early retirement date which may be the first day of any calendar month coinearsnof Cred�ed service. subsequent e pensionibenefits Payable t o any such completion of fifteen (15) y Participant on early retirement date shall be equal to an actuarial equivalent, determined in accordance with the Table- below, to the amount of pension to which is entitled up to early retirement date in accordance with subsection (b). - - pliertB p .,tage -_ nefmaA s4- 5s� - -- i-- �a.isa -" 4-- �6-9ae-- l� Police officer Particip ant Percentages for Early Retirement Date Table TABLE INSET: Years prior to I Percentage normal retirement date Page 8 of 26 Ord. No. 16 -08 -1951 1 97 2 94 3 91 4 88 5 85 Age on normal retirement date shall be age nearest birthday. Years prior to normal date shall mean years and completed months from early retirement date to normal date. Allowance for such months shall be made by interpolating in this table. retirement retirement Commencing after the partieipantParticipant's normal retirement date the Basic Benefit of any parti4pantParticipant retiring on or after October 1, 1970, will be supplemented by the applicable Supplemental Benefit determined in the same manner as in subsection 16- 14(b)(2). (d) Late retirement. A par-tieipantParticipant, with the written consent of his ernpleyerEmployer, may elect a later retirement date which may be the first day of any calendar month after his— normal retirement date. If the partieiparitParticipant's contributions shall terminate on Iris —late retirement, benefits shall be based on annual earnings and credited seFAeeCredited service to his late retirement date. Commencing after the paAie-ipa AParticipant's late retirement date the Basic Benefit of any partieipantparticipant retiring on or after October 1, 1970, will be supplemented by the applicable Supplemental Benefit determined in the same manner as provided in subsection 16- 14(b)(2), based on the Basic Benefit actually being paid; provided, however, that the first applicable Valuation Date will be the first such date following such partieipautParticipant's late retirement date. (e) Life income; death benefit. The normal form of pension shall be a life income with the first monthly payment of a p&- geippantParticipant's pension being due on his- retirement date if hethe Participant is then living, and the last monthly payment being due on the last monthly due date on which the paAieipaxtParticipant is living. If the death of the partieipantParticipant occurs after this form of pension has become operative but before the sum of all monthly payments that have become due prior to the participant'shis death exceeds the death benefit which would have been payable if the partieipantParticipant had died immediately prior to his - retirement date, there shall be payable in one sum to the benefreiaryBeneficiary entitled thereto an amount equal to the excess of such death benefit over the sum of such monthly payment. (f) Optional forms of payment fBr�Eers. (1) A peliee He-e - Participant entitled to a normal or early service retirement benefit shall have the right at any time prior to the date upon which the first payment is received to elect to have the benefit payable under one of the options provided in this section. The ef€ieerParticipant shall be permitted to revoke any such election and to elect a new option at any time prior to the receipt of the first payment. Election of the retirement option shall be on a form prescribed by the Board of Trustees. Page 9 of 26 Ord. No. 16 -08 -1951 a. Life annuity. A pelice o €€rcpr participant may elect to receive an annuity payable for life. This shall be the normal form of retirement. There shall be no guaranteed payment in excess of the accumulated contributions of the to the Participantrneinber, which contributions shall be enefi part' should he participant'srne�nber's estate or designated se `n"� participantrneraber die prior to receiving payments equal to said contributions. b. Joint and last survivor option. A poliee- . participant may elect to receive a reduced benefit for life and to have the same benefit death deer during fraction of the benefit) continued after the Participant'smemb �ipanteand shall the lifetime of a designated joint pensionerstupivor• have the option rnay-of electing to receive the payment , a benefit (50) percent of five (75) percent, sixty-six and two-thirds (66 2/3) percent, or o ( ) the Participant's�s monthly retirement allowance to be paid at the Participant'srrrernbea s death to alr� �b joint pensioner designated by the participantrrrember at the time of or prior to retirement, such benefit to be payable during the lifetime of the joint pensioner. The reduced retirement benefit shall be amount rsati-otherwise the actuarial equivaleit of the of the to the Paicipteh. designated joint pension payable an any natural person, but need not be the spouse odi se participantnierrrber. In the event that the designated joint pensionersuFa or benefit payments el -ef ti �a r�hr�d- before the Participant's�s begin, this option shall be canceled automatically and a retirement income shall be payable to the member in the form of a life annuity as if the election had never been made. f � � �tablislr c. Other options. The Pension board may, approve by �trIil any other optional form of substantially equal paymenoi which optional form of equivalent of any other form provided for in this plan, P payment is cost neutral to. plan. (Ord. No. 528, 12 -7 -65; Ord. No. 697, §§ 2 - -4, 10 -6 -70; Ord. No. 827, § 1, 6 -4-74; Ord. , 9 908, § 2, 9- 21 -76; Ord. No. 1220, § 1, 1- 22 -85; Ord. No. 1418, § 2; 2 1- 16 -01; -21-89; Ord. No. 1544, 0§ 2, 21-93; Ord. No. 1593, § 2, 10 -5 -95; Ord. No. 1595, § 3, 11 -7 -95; Ord. No. 1761, § 2, 2 Ord. No. 1828, § 2, 3- 15 -05; Ord. No. 1892, § 1, 11- 28 -06) See. 16 -15. Disability benefits. (a) if a tieipantparticipant becomes totally and permanently disabled for monthly disability month period while in the active employ of the earpleyerEmployer, he shall receive a monthly benefit during the continuation of sucbhis— disability commencing as of the first day y the calendar month following six (6) months of disability equal to one - twelfth (1/12) of the yearly amount of pension to which the ParticipAtlre is e�Particivantcshall be entitled tled to select Page 10 of 26 Ord. No. 16 -08 -1951 payment of a disability pension using any of the optional forms of retirement provided under subsection 16- 14(f). If the partic-ipaatParticipant remains disabled until his- normal retirement date, hethe Participant shall then receive a basic benefit on the normal annuity form equal to the amount of disability benefit the Participanthe was receiving. In addition to the basic benefit, the payments of any paAieipantParticipant who becomes disabled on or after October 1, 1970, will be adjusted after the normal retirement date of the partieipantPartieipant by a supplemental benefit determined in the same manner as provided in subsection 16- 14(b)(2), the last payment being due at the time that the last basic benefit payment is due. If the disabled petAi6pantParticipant ceased to be totally and permanently disabled and returns to the service of the enfpleyerEmployer, the ;Participanthe shall be entitled to resume coverage under the plan on the first of the month following suchhis re- employment and the Participant's his pension at retirement shall be based on .._'a:te -_. nee Credited service before and after suchhis period of disability. If the Participant he -does not return to the service of the empleyerEmployer, thehis vested pension shall be determined in accordance with article VI, including as service for the purpose of determining the applicable vesting percentage only, the period of suchhis disability. (b) As used in this section "totally and permanently disabled" means the inability to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment which can be expected to result in death or to be of long - continued and indefinite duration. The disability of any ps#ieipantParticipant shall be determined by the pension board, in accordance with uniform principles consistently applied, upon the basis of such evidence as the pension board deems necessary and desirable. The pension board may, at any time prior to the paAkipantParticipant's normal retirement date, determine that the partieipantParticipant is no longer totally and permanently disabled. In determining the nature, extent and duration of any partieiparrtParticipant's disability, the pension board shall select a physician to examine such partieipantParticipant and to advise the pension board with respect to such disability. The final determination of the nature, extent and duration of such disability shall be made solely by the pension board. Disability shall not include a permanent incapacity directly incurred and due solely to military service of any partieipantParticipant which prevents thehinr £rera- returning to employment with the ernpleyerEmployer and for which the Participanthe receives a disability benefit or pension from the United States. (Ord. No. 528, 12 -7 -65; Ord. No. 697, § 5,10-6-70; Ord. No. .1761, § 3, 10- 16 -01) Sec. 16 -16. Death of a paftk4paMParticipant. (a) Before retirement date. Upon the death of a partie4hwAParticipant prior to his- retirement date there shall be paid to the'w^ri7Beneficiary last designated by the Participanthirrr an amount equal to the aggregate of the Participant'shis contributions made prior to the date of his death For General emulovee Participants the contributions shall be credited with eredited Page 11 of 26 Ord. No. 16 -08 -1951 interest compounded annually at the rate of three (3) percent per annum from the end of the year of payment to the first of the month in which the death benefit is paid. (b) After retirement date. Upon the death of a par-tie4p<iatparticipant on or after his- retirement date, there shall be paid to the bene€reiaryBenefrciazy last designated by the ParticipanthitI in accordance with the following provisions, the benefit, if any, payable under the group annuity policy. Participant shall have the right to name a (c) Beneficiary. Each paw F _- ;?xYBeneficiary designation from time to be yBeneficiary and to change suchhis ,�.- time. Any such exercise of rights shall become effective only in accordance with the provisions of the group annuity policy and the rules and practices of the insurance company, applicable, Police officers who are Participautsffiembers of the plan shall have the right to name one or more beneficiaries, jointly or sequentially and to change the b:Beneficiary designation from time to time in accordance with F. Beneficiary >lanY benefit shall be paid to he police officer Participant to designate a fleiar Participanf sdeeeased-ef#reerls estate. participant the pension (d) Cooperation of pension board. Upon the death of any Bart B�enefrciary so that such board shall cooperate with the Participant's his- -l�ene# �Y group ��iaryBenefrciazy may receive such benefits as are provided by this plan or from any b p annuity policy. (Ord. No. 528, 12 -7 -65; Ord. No. 1088, § 1, 10- 21 -80; Ord. No. 1463,.§ 1, 11 -6 -90; Ord. No. 1761, § 4, 10- 16 -01) Sec. 16 -17. Termination of employment. (a) if the employment of a pa�participant is terminated except by retirement, transfer to ineligible status or. death, the Participant'shis interest and rights under this plan shall be limited to those contained in the following sections of this section. (b) Any such partiEipantParticipant shall be entitled to elect Option 1 or Option 2, as described below, except that Option 2 shall be automatically considered as having Pbaeeen elected normal partieipa participant unless Option 1 is elected before the par k -ipant p retirement date. Option 1: A cash payment of an amount equal to the aggregate of the contributions made by the c articipant prior to his termination of employment with credited interest compounded annually at the rate of three (3) percent per annum from the end of the year of payment to the first of the month in which the cash payment is made. Sweni- Provided that police officer Participants eligible to withdraw their contributions from thise pension plan retke.. eat_s� may only withdraw their contributions without interest. page 12 of 26 Jrd. No. 16 -08 -1951 Option 2: Pension benefits commencing on what otherwise would have been the normal retirement date of the paAieipantParticipant in an amount equal to the greater of that which can be provided by the aggregate of the contributions made by the paAieipaatParticipant prior to the termination of his employment, with credited interest compounded annually at the rate of three (3) percent per annum from the end of the year of payment to the date on which pension benefits commence; or an amount determined by multiplying the amount of pension to which the Participanthe is entitled in accordance with section 16 -14(a) or 16- 14(b), whichever is applicable by a percentage determined in accordance with the following schedule on the basis of the length of-his Ceredited service. TABLE INSET: &)uern- ppolice officer Participantspersennel, including bargaining unit ea3pleyeeEmployees, shall be one hundred (100) percent vested in the retirement plan upon completion of ten (10) years continuous full -time swom police service. Accordingly, effective October 1, 1993, all ewera police officer Participantspersenael, including members of the bargaining unit, who are in thise plan ity�s effective October 1, 1993 and have between ten (10) years and retrement-syslem twenty (20) years of continuous sworn police service '-the r-- -'"T"' will be one hundred(100) percent vested. All general enipleyeeEmployees shall be one hundred (100) percent vested in the pensionretirement plan upon completion of ten (10) years' continuous Ceredited service. Accordingly, effective October 1, 1995, all general empleyeeEmployees who are in this plane as of October 1, 1995, and have ten (10) years or more of continuous service ' will be one hundred (100) percent vested. Page 13 of 26 Ord. No. 16 -08 -1951 (c) No Supplemental Benefit shall be payable under this article. (1) A terminated nAicipantparticipant's pension benefit payments shall commence on what would otherwise have been the Participant'shis normal retirement date; provided, however, that if on the date of his-termination of employment the Participanthe has satisfied the service requirement for early retirement but not the age requirement, the Participantlie may elect, in writing, on a form approved by the pension board, to have payments determined on an actuarial equivalent basis commence Pr. 1O r to his normal retirement date, but in no event prior to the first day of the calendar month coincident with or next following his- completion of the age requirement. The pension board must rinnencement Of receive such written election at least six (6) months prior io the normal retirement benefits. If such pension commences before the p� p date, the amount of such pension shall be the actuarial equivalent, do�Ji� ed in accordance with Table I or as to a police officer paAie -ipant p on the date of his termination of employment determined in accordance with of the monthly amount of pension palieeinan on the normal form which would otherwise commence nce on his- normal retirement date.nefit (2) The basic benefit described herein shall be effective for all HarticitParticipants who terminate employment on or after October 1, 1978. R e tui �ru - artici ate in this lan u on meetin the following re uiremen s: eligibility to participate. made to the date of such repayment. artici ate under this lan shall not be included. (Ord. No. 528, 12 -7 -65; Ord. No. 697, § 7, 10 -6 -70; Ord. No. 1155, § 1, 9 -7 -82; Ord. No. 1161, § 1,12- 21 -82; Ord. No. 1544, § 3,9-21-9 ; Ord. No. 1595, § 4, 11 -7 -95) Page 14 of 26 3rd. No. 16 -08 -1951 Sec. 16 -18. Group annuity policy. (a) The empleyerEmployer, in order to provide the benefits of this plan, may procure from an insurance company a group annuity policy. In general, such group annuity policy shall provide for the establishment and maintenance of a fund or funds by the insurance company to which contributions will be credited and from which will be withdrawn the amount necessary to pay pension benefits at retirement and to pay such other benefits as may be provided by the plan. Any monies not so invested may be invested in other methods as provided by law. (b) The terms and provisions of such group annul shall, to o thelebe agreed eed uponbebetween the ernpleyerEmployer and the insurance company with the provisions of this plan and amendments hereto. (Ord. No. 528, 12 -7 -65; Ord. No. 697, § 8, 10 -6 -70; Ord, No. 1418, § 4, 2- 21 -89) Sec. 16-19. Contributions. (a) Each par tieipaxtParticipant shall contribute in each calendar year towards the cost of the partieipantPartieipant's pension an amount equal to three (3) percent of the partlelpantParticipant's earnings. With the exception of swam police officer persennel Participants, no partieipantParticipant shall make any contributions toward the cost of any past service pension to which the PU&ipantparticipant is entitled under this plan. The erjipleyerEmployer shall contribute the balance of the cost, actuarially determined, of providing the benefits of the plan. The empleyerEmployer s contributions shall be deposited into the pension plan on at least a quarterly basis. Effective October 1, 1995, the pension contribution for all general empleyeeEmployee partieipantparticipants, including those eg neral empleyeeEmployees that are now members of the retirement system, shall be increased from three (3) percent to five (5) percent of earnings. Effective October 1, 2001, the pension contribution for all general Employee Participants, including those general Employees that are now members of the plan, shall be increased from five (5) percent to seven (7) percent of earnings. Swerf-- pPolice officer Participantpersennelr including bargaining unit ernpleyeeEmployees, that are now members of the plan and any swein- police offrcersperseBriel who join the plan in the future shall, effective October 1, 1993, have their contribution increased from three (3) percent to five (5) percent of earnings. Effective October 1, 2001, sworn-p olive officer Participantspenennel shall contribute 7.5 percent of earnings. (1) General Employee Participants. Should the ernpleyffEmployer's annual contribution be actuarially determined to exceed twelve (12) percent, both the ernpleyerEmployer and the faftieq%�fftParticipants shall share equally the amount in excess of twelve (12) percent for that fiscal year. Effi�- n �nc e b Effective October 1 2005 should the total Participant and Employer's annual contribution be actuarially determined toe h ee bare) four the Page 15 of 26 Ord. No. 16 -08 -1951 (2) Police officer Participants. Effective October 11 2004 if the total er ontriibut on parteipitants SWBM-PRlie r . onval contributions and efnpleyer P Y exceeds fifteen (15) percent of covered police payroll for any mcal Ye er ande es x ess over fifteen (15) percent shall be shared equally by the lice Yofficer p� offrcerpersonriel paAieipantParticipants. Swem p paAieipantParticipant contributions shall be deposited in the plan immediately after each pay period. Effective October 1, 2001, an amount actuarially determined, to provide for certain minimum benefits required by Chapter 185, F.S. shall be paid from the South Miami Police Officers Retirement Trust Fund to the Plan each year, regardless of the growth or diminution in fixture Chapter 185, F.S. funds.. (b) All amounts paid by the ernpleYerEmployer to the insurance company in accordance with this plan shall represent irrecoverable contributions, except as may be otherwise provided in subsection 16- 22(b). (c) The empleyerEmployer shall pay the reasonable expenses of the pension board, including any expenses for legal an d actuarial services. may (d) Rollover option. A par-ticipaetParticipant eligible to receive a refund of contribofrhoa e any elect, at the time and in the manner prescribed by the pension board e€4riistees, portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the partieipantPartrcipant in a direct rollover. For the purposes of this section, the following words and phrases shall have the following meanings indicated: (1) Eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: a, Any distribution that is one of a series of substantially equal payments (not less than annually) made for the life (or life expectancy) of the distributee, or the joint lives (or joint life expectancies) of the distributee and the distributees designated benefie0afyBenefrciary, or for a specified period of ten years or more; b. Any distribution to the extent such distribution is required under section 401(a)(9) of the Internal Revenue Code; and c. The portion of any distribution that is not includable in gross income. (2) Eligible retirement plan is an individual retirement account described in section 408(a) of the Internal Revenue Code, an individual retirement annuity described in section 408(b) of the Intemal Revenue Code, an annuity Plan described in section 403(a) of the Internal Revenue Code, or a qualified trust described in section 401(a) of the Internal Revenue Code, that accepts the distributees eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan as an individual retirement account or individual retirement annuity. Page 16 of 26 Drd. No. 16 -08 -1951 (3) Distributee includes an enf4eyeeEmployee or former employeeEmployee. In addition, the ernpleyeeEraployee's or former exfpleyeeEmployee's surviving spouse is a distributee with regard to the interest of the spouse. (4) Direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. (Ord. No. 528, 12 -7 -65; Ord. No. 1544, § 4, 9- 21 -93; Ord. No. 1595, § 5, 11 -7 -95; Ord. No. 1761, § 5, 10- 16 -01; Ord. No. 1892, § 2, 11- 28 -06) Sec. 16 -20. - Pension ba "''Board of Trustees. (a) The pen6err- beardBoard of Trustees shall be comprised of seven (7) members consisting of the two (2) active employeeEmployees of the city elected by Participants of the Plan, two (2) citizen eleeters of the eCity, and two (2) individuals with financial backgrounds all- to be and the appointment of one (1) active err}pleyeeEmployee of the city designated by the city manager, all to be pointed by the mayor with the advice and consent of the city commission. No perrsiea bear- dBoard of Trustee member shall receive any compensation or emolument for services on the pension board. The board members shall each serve for a period of two (2) years, or until their successors are appointed, which appointment shall be evidenced by an acceptance in writing of such appointment. A member of the pension board may resign by delivering ahis written resignation to the city clerk, and such resignation shall become effective upon its delivery or of a later date specified therein. If, at any time there shall be a vacancy in the membership of the board, provided there are not less than five (5) members, the board shall continue to act until such vacancy is filled as provided above. (b) The board shall hold meetings upon such notice, at city hall, and at such times as its members may from time to time determine but in no event less than once each calendar quarter. A majority of the members of the board at the time in office shall constitute a quor un for the transaction of business. All action taken by the board at any meeting shall be by vote of the majority of its members present at such meeting; out a 0 "ll r ueh meeting by--Ui�S action ef its me hers Pvideneed inei�aber8. (c) Subject to the terms of this plan, the pension board mayshall from time to time adopt bylaws, rules and regulations for the administration of the plan and the conduct and transaction of its business and affairs. (d) The pension board shall have such powers as may be necessary to discharge its duties hereunder; including but not limited to, the power to interpret and construe the plan, to determine all questions of eligibility for benefits, duration of employment, computation of benefits, value of benefits and similarly related matters for the purposes of the plan, and the pension board's determination of all questions arising under this plan shall be conclusive and binding upon all ernpleyeeEmployees, retired ernpleyeeEmployees, partieipantParticipants and all other persons. Page 17 of 26 Ord. No. 16 -08 -1451 (e) No member of the pension board shall be precluded from becoming a vaAieipairtParticipant under this plan if he weeId be otherwise eligible. (f) The board shall keep accurate records and its proceedings and actions. The minutes of pension board shall Prep are annualyre uued bh sect on 112.63nand 185.221 and shal deliver a operations for the preceding year copy within sixty (60) days thereof to the city commission. The pension board shall also file with the appropriate governmental bodies all necessary forms and documents that must be furnished in accordance with applicable law. (g) The board shall, from time to time, issue written instructions to the insurance company, rf anplicable with respect to the pensions and other benefits to be provided pursuant to this plan. orize one (1) or more of its members to sign on its behalf any document he board may auth relating to the administration of this plan. s of this (i) Except for gross negligence or willful breach of he action or failure to act pursubant to the term pension board shall incur any individual liability for any other terms of this plan. No member of the pension board shall be liable for the acts of any member of the pension board. The members of the pension board may engage agents to include consultants custodians actuaries. hcouns l w amay be an indene dent ounselror of counsel to in their duties and may consult with counsel who may t • The members of the pension board shall be relieved of all responsibility whatsoever for anything done or not done upon the written advice of counsel. 0) The members of the pension board may inspect the records of the enyp}eyerEmployer to the ance of their duties under this plane Th The of he pension oard, however, to the p shall not be required to make such inspection, but in good faith Employees. any statement of the emgloyerEmployer or any of its officials or authorized eW4A0yee (Ord. No. 528, 12 -7 -65; Ord. No. 1207, § 1, 9-10-84; Ord. No. 1247, § 1, 2 -4 -86; Ord. No. 1253, § 1, 8 -5 -86; Ord. No. 1707, § 1, 4- 11 -00) Sec. 16 -21. Purchase of eredlted'-sermeeCredited service. including bargaining unit em}4leyeeEmployees, (a) Swef"Police officer Participants nt shall be allowed ie- ap131y for per�ss to purchase credit for active duty in the U.S. military service, prior to employment as I Page 18 of 26 Ord. No. 16 -08 -1951 a Police officer with the City in accordance with USERRA and applicable state law up-4e-a of feur (4) years. This provision shall not cover reserve active duty or weekend drill. Police officers electing to purchase approved prior military time will do so at total cost to the Participanterrrpleyee with no cost assumed by the city. Peliey (b) All pa#ie pantParticipants in the city pension plansystern shall be allowed te-- apply- r permi�ssi to purchase credit for immediate past city service up to a maximum of five (5) years in the city pension pl pursuant to procedures promulgated rnar*agerat the time of such purchase. All costs for approved purchase of past city services shall be one hundred (100) per cent bome by the Participantempleyee with no cost assumed by the city. Should the eityper'mit Participant be permitted to purchase e€past city service over a period of time, the 'effective date of ie Credited service wi-llshall be on the date such purchase is paid in full. (Ord. No. 1544, § 5, 9- 21 -93; Ord. No. 1616, § 1, 9 -3 -96) See. 16 -22. Amendment and termination of the pension plan. (a) The ernpleyefEmployer may amend the provisions of this pension plan at any time and from time to time by ' an affieer af ff _s duly enacting such amendments in a public meeting provided, hewee eT-, that: (1) No amendment shall increase the duties or liabilities of the embers -e— e pG n ' n their .,_ beard Board of Trustees �vitheu ��,�ern- cenvernt. (2) No amendment shall provide for the use of funds or assets held under this plan other than for the benefit of empleyeeEmployees and no contributions paid by the empleyerEmployer shall ever revert to or be used or enjoyed by the empleyerEmployer, except as provided in subsection (b). (b) The empleyerEmployer may terminate this pension plan at any time by �.• _ a t t> e + -a,repealing the provisions of this 'n ° -nttrn ro ordinance in a public meeting. In such event the pension keardBoazd of Trustees shall take the necessary steps to have all the funds held by the ' pelisy with respect to sueh-effipleyeer plan applied to the purchase of immediate or deferred annuities, as the case may be, in the following order of priority and in accordance with the provisions of section 16 -23, if applicable: (1) An immediate annuity on the normal forms of pension for each ernpleyeeEmployee whe is a paAk4pantparticipant and -who has retired or has attained his- normal retirement date but who has not retired, in an amount equal to the amount of basic benefit to which Page 19 of 26 Ord. No. 16 -08 -1951 the Participanthe is entitled or would have been entitled if the Participanthe had retired immediately prior to such termination. (2) A deferred annuity on a full cash refund form of pension commencing and what no not retirement date for each partici ant, and for each reached his - normal retirement date, for each disabled p p ici anp nt, has not former empleyeeEmployee who is a terminated partieipant p elected a cash payment as provided in option 1 of section 16 -17; in an amount of thehis partieip Partieipant's contributions paid to and received by the insurance cempani plan, with credited interest of at -three (3) percent per annum from the end of the year in which contributions were received to the date basic benefits commence. (3) 'A temporary annuity ending on this — normal retirement date for each disabled pa�tieipantParticipant in an amount equal to the basic benefits being received lre h�ec -- fec-etving under section 16 -15. (4) A deferred annuity on the life annuity form commencing at normal retirement date for each terminated pa&tiepantParticipant as defined in section 16 -17 in an amount equal to the amount the Participant he is entitled to under section 16 -17 and armuitY commencing at normal retirement date disabled ne1t and h Picipntin an amount qu to the amount the ennpleyee Otis is a parts' narticipanthe would be entitlped to under 16-17 if abodete of termination of employment less the amount of benefit applicable to him in ) (5) A deferred annuity on the life annuity form commencing at normal retirement date for each etnplog'ee v<he is a p'�ieip HAParticipant an&who has not reached his normal retirement date in an amount equal to the amount of basic benefit the Participanthe would be entitled to if the Participant'shis normal retirement date were t of termination of this planless the amount of benefit applicable tR 13i in (2), and ) ( ) Provided, however, that if there are insufficient funds to provideany ant category that category annuities, the amount of annuity to be provided for each paitietp prcP shall be reduced by a uniform percentage. If by reason actuarial not rror he purchase of sang annuities as is provided for in (1), (2), (3), (4) and (5) above excess shall be paid to such empleyerEmployer. (Ord. No. 528, 12 -7 -65; Ord. No. 21 -70 -697, § 9, 10 -6 -70) Sec. 16 -23. Limitation of pension benefit payment. (a} Any provision in this plan to the contrary notwithstanding, during the ten year period following the date the plan is initiated the benefits provided h�s) edegr by he pia emplsyerEmployer's contributions with respect to its twenty -five ( ernpleyeeEmployees on the date the plan is initiated who then become or who may thereafter become paFtieipantParticipants and whose pension benefit at normal retirement date will exceed Page 20 of 26 Ord. No. 16 -08 -1951 one thousand five hundred dollars ($1,500.00) annually will be subject to the following conditions: (1) The benefits payable to any such empleyeeEmployee or his survivor (in the event of the death after retirement) shall not exceed those purchasable by the larger of (a) and (b): (a) Twenty thousand dollars ($20,000). (b) Twenty (20) percent of the average regular annual compensation up to fifty thousand dollars ($50,000.00) of any such empleyeeEmployee multiplied by the numbers of years the plan is in effect. (2) As long as this plan remains in full effect and its full current costs have been met, the provisions of this section shall not restrict the payments of either full pension benefits to any retired paftieipantParticipant or full survivor's benefits on account of any deceased pa ieiparitParticipant. (3) In the event of termination of this plan, the terms and conditions of Florida Statutes 185.37, entitled "Termination of Plan and Distribution of Fund" shall govern for police officer Participants. In no event may a Partici ant's annual benefit exceed the lesser of: (1) $90 000 (adjusted for cost of living in accordance with Internal Revenue Code (IRC) Section 415(d) but only for the year in which such adiustment is effective), or (2) One hundred percent of the average annual compensation for the Participant's three highest paid consecutive years; however, benefits of up to $10,000 a year can be paid without regard to the 100 percent limitation if the total retirement benefits payable to a Participant under all defined benefit plans (as defined in IRC Section 4146)) manntamed T _ -. __. --- a Tin min �,,A tl,e (itv has not which the employee was a Participant. (3) If the Member has less than ten years of service with the City (as defined In IRC Section 415(b)(5) and as modified by IRC Section 415(b)(6)(D)) the applicable limitation in paragraph (1) or paragraph (2) of this subsection shall be reduced by multi I ' such limitation b a fraction not to exceed one. The numerator of such fraction shall be the number of years or part thereof, of service with the Ci the denominator shall be ten years. (4) For P -Moses of this subsection the "annual benefit" means a benefit payable annually in the form of a straight life annuity with no ancillary or incidental benefits and with no Member or rollover contributions To the extent that ancillary benefits are provided the limits set forth in paragraphs (1) and (2) above will be reduced actuarially, Page 21 of 26 Ord. No. 16 -08 -1951 designated Beneficiary. participant's _leath.. Page 22 of 26 Ord. No. 16 -08 -1951 year after the date of the Participant' death or such later date as the Secretary of the Treasury may, grated beneficiary is the surviving eligible spouse of the Participant the date on which the distributions would be required to begin shall not be earlier than the date on which the Participant would have attained age 701/2 If the surviving eligible spouse dies before payments are required to commence the five-year rule shall be applied as if the surviving eligible spouse were the Participant. (Ord. No. 528, 12 -7 -65; Ord. No. 868, § 1, 8 -5 -75) Sec. 16 -24. Limitations generally. (a) Plan exclusively for esrplsyeeEmployee's benefit; definition of plan. This pension plan is created for the exclusive benefit of erapleyeeEmployees of the employerEmployer and their beneficiaries, and shall be interpreted in a manner consistent with its being a qualified pension plan as defined in section 401(a) of the Internal Revenue Code of 1954, as the same may be amended from time to time. This section cannot be altered or amended. (b) Funds restricted. Except as provided in section 16- 22(b), no funds contributed to this plan mid no assets of this plan shall ever revert to, be used or enjoyed by the empleyerEmployer nor shall any such funds or assets ever be used other than for the benefit of erapleyeeEmployees of the ernpleyerEmployer or their beneficiaries. This section cannot be altered or amended. (c) Compliance by parties, claimants. All parties to this plan and all persons claiming any interest whatsoever hereunder agree,to perform any and all acts and execute any and all documents or papers which may be, necessary or desirable for carrying out any of the'provisions of this plan or of any amendments to this plan or for complying with any federal or state disclosure laws. (d) Plan is not contract of employment. The pension plan shall not be construed as creating any contract of employment between the employer-Employer and any of its erapleyeeEmpioyees. (e) Alienation of proceeds, levy, etc.; prohibited. No partieipantParticipant shall have any right to assign, alienate, anticipate or commute any payments hereunder; and, except as otherwise prescribed by law, no payment shall be subject to the debts, contracts or engagements of any payee, nor to a judicial process to levy upon or attach the same for the payment thereof; except the recipient of any monthly benefit may authorize the heard of Trustees to withhold from the monthly benefit those funds necessary to pay for the benefits being received through the eitygiV, to pay the certified bargaining agent of the city, and to make any payments for child support or alimony. (f) Laws of Florida applicable. This plan shall be construed according to the laws of the State of Florida where it is made and where it shall be enforced. Page 23 of 26 Ord. No. 16 -08 -1951 (g) Gender; number. Wherever used in this article, the masculine gender shall include the feminine gender and the singular shall include the plural. (h) Lump sum payment. If at any time it is determined that monthly payments to be made at any time or at any future date to a :,,Participant will be less than ten dollars ($10.00) each; a lump sum payment willDlay be made in lieu thereof. (Ord. No. 528, 12 -7 -65; Ord. No. 1868, § 1, 12- 20 -05) Sec. 16 -25. Deferred compensation program created; administrator. (a) There is hereby established a deferred compensation program of the City of South Miami. (b) The city manager is hereby designated as the official to approve and administer a deferred compensation plan as required by state law. (c) The city attorney is hereby designated as the appropriate official to determine, in accordance with the requirements of F.S. § 112.215(6)(b) (1976), whether the compensation deferred under any plan approved by the city manager will not be included in the Participantsempleyees taxable income under the federal or state law until it is actually received by such Participantempleyee under the terms of the plan, and that such compensation of social security, the pension compensation at the time of the deferral for the pure pension or benefit pla,fe _ enl = =� �nx of the City of South Miami or for any other retirement, p program required by law. (d) The deferred compensation program authorized hereunder and any other plan approved and adopted as herein provided, will exist and serve in addition to any other retirement, pension or benefit system established by the federal government, the State of Florida or the City of South Florida Retirementt system or by any supersede, ther retirement, pension or benefit program established byelaw. (Ord. No. 929, §§ 1 -4, 3 -1 -77) Sec. 16 -26. Pre - retirement survivor annuity. Notwithstanding any other provisions of this plan, in the event of death of any aualifvin� participant with a vested benefit a pre - retirement survivor annuity will be provided to the spouse of such Participant provided the paf& -49a articipant and spouse have been married throughout the one -year period death. Commencing with the first plan year ending on the date of the paF-tieipaptParticipant`s ipant who attains suchhis beginning after December 31 1984 any qualifying pa P artic annuity starting date shall receive his/her benefit in the form of a qualified joint and survivor annuity, unless otherwise elected with appropriately witnessed spousal consent. The amount of the survivor annuity shall be the minimum amount enquired under section a person, persons e internal Revenue Code. If any qualifying pakipaatP ticipa t of any plan benefits payable or entity other than his or her spouse as the beae€eiaF arY Page 24 of 26 Ord. No. 16 -08 -1951 upon has -er-� death of the Participant, such banefieiaryBeneficiary is entitled only to such benefit, if any, as is in excess of the qualified pre- retirement survivor annuity payable to the surviving spouse described above.. A qualifying partieipantParticipant is any married pzu#ieipantParticipant who completed at least one hour of service (or paid leave) on or after August 23, 1984 who has net -yet to attained -his annuity starting date under the plan. A vested parti�articipant who is not credited with at least one hour of service on or after August 23, 1984, may elect, during the election period, to have the qualified pre- retirement survivor annuity coverage apply if such par&4pafftPaiticipant (1) had at least an hour of service in the first plan year beginning after December 31, 1975, (2) had at least ten (10) years of service under the plan and a non - forfeitable right to at least part of the accrued benefit derived from eaipleyerEmployer contributions, and (3) has not yet reached his er he annuity starting date. The election period referred to in the previous sentence is the period beginning August 23, 1984, and ending on the earlier of the pa4ioipantParticipant's annuity starting date or the date of the partieipantPartieipant's death. A vested paAieipantParticipant who is not credited with at least one hour of service for any plan year beginning after December 31, 1975, may elect, during the election period, to have the ERISA survivor annuity rules apply if such pa#ieipantParticipant (1) had at least one hour of service during the period commencing September 2, 1974, and ending with the last day of the plan year commencing in 1975, (2) has not yet reached his er he z annuity starting date, and (3) has attained the later of the qualified early retirement age under the plan or one hundred twenty (120) months prior to the normal retirement date. The election period referred to in the previous sentence is the period beginning August 23, 1984, and ending on the earlier of the partieipantParticipant's annuity starting date or the paAieipantparticipant's death. The partieipaatParticipant shallwill not bear any part of the cost of providing the pre- retirement survivor annuities described above, howeverand - Nillshall bear the cost of any joint and survivor annuity provided at the annuity starting date. The survivor annuity benefits otherwise provided by this section are subject to any qualified domestic relations order, as defined by Internal Revenue Code, section 414(p), and such benefits shall be provided only to the extent that provision of the benefit is consistent with the terms of the order. (Ord. No. 1239, § 1, 3 -5 -85) Secs. 16- 27-- 16 -29. Reserved. Section 2: Should any section or provision of this Ordinance or portion hereof, any paragraph, any sentence, or word, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance. Section 3: Authority is hereby granted to codify this Ordinance. Page 25 of 26 Ord. No. 16- 0831951 Section 4: This Ordinance shall become effective upon adoption. PASSED and ADOPTED this 20TH day of MAY, 2008 i-u''7 YOR COMMISSION TE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: ATTEST 0TybCTLE 1st Reading- 5/6/08 2nd Reading- 5/20/08 READ AND APP OV 0 FORM �RNEY W:\My Documeno v,,olutionsl0rdinance Pension Plan Restatement 2008 (2)First Draftdoc Page 26 of 26 Yea Yea Yea Yea Yea RESOLUTION NO.: 26-09 -12835 A RESOLUTION OF THE MAYOR. AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING CITY OF SOUTH MIAMI PERSONNEL MANUAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS; the City Commission wishes to amend the Personnel Manual; and, WHEREAS, the administration is recommending changes to Personnel Manual due to changes in state and federal regulations and current policies; and, WHEREAS, the rules and regulations established in the manual are for the purpose of providing consistent and equitable policies and concerning employment with the City. NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section l: That the following sections are amended/ added: Sec 10 - General Policy — These rules and regulations are established for the purpose of providing' consistent and equitable personnel policies concerning employment by the City of South Miami and to establish workable guidelines for the implementation and administration of such policies. These rules apply to all employees of the City except elected and appointed officials, members of the boards and committees appointed by the City Commission, consultants or employees providing services under contract to the City, emergency employees, and volunteers. Employees who are members of a collective bargaining unit, shall be subject to the restrictions and benefits of their respective bargaining unit agreements. Should it be determined that any federal, state, county, or city law is in conflict with any portion of this manual, only that portion of this manual shall be invalid and the remainder shall remain in full force and effect. Any gender specific references in this manual should be interpreted as encompassing both male and female employees. This manual supersedes all prior handbooks /manuals. The Employee Manual will be reviewed on an annual basis in February, land presented to the City Menager and resorted to the City dig X,�+ F-,...°;3_peiied. An revisions or amendments will be Commission, £er- y posted on City bulletin boards, distributed to all City departments and posted on the City's web page. Res. No. 26 -09 -12835 Sec 1.2 — Applicability of Manual — The City may, at any time develop and make known procedural rules, interpretations and other personnel policies and may in certain instances, grant waivers to them. These rules and regulations shall not be construed as limiting the authority of the Department Head to set departmental rules and regulations governing the conduct and performance of employees. Departmental rules shall not conflict with the provisions of this manual. Department rules shall be subject to approval by the City Manager. Many matters covered by this manual, such as FMLA forms are described in separate City documents and are also available in the Human Resource Department. An acknowledgement of receipt of this manual is found at the end of this document. Each employee must read and acknowledge receipt of all policies and procedures received by signing and returning to the. Human Resource Department. Sec 1.3 Administrative Directives/Policv - The City Manager is authorized to issue detailed administrative regulations, not in conflict with these rules, for the purpose of clarification and to establish orderly administrative procedures. )�®arly-u Updates or revisions to this Manual will be presented to the City Manager and City Commission for approval. a during budge` Q�— feere_�e_. _Tr— naa',1is�II¢'�eY pfeeess tied. Sec 1.7 — Drug Free Workplace Policy - The City of South Miami ( "City ") is committed to providing a safe work environment for our employees, our guests, our community and the public. The abuse of alcohol and drugs is a national problem which impairs the safety and health of employees, promotes crime and harms our community. In order to maintain the highest standards of morale, productivity and safety in our operations, we are instituting a drug and alcohol free workplace policy. With the cooperation and assistance of our employees, we will implement a program designed to provide a safe workplace environment free from drugs and alcohol use and/or abuse. We recognize that alcohol and drug dependency require medical supervision and treatment if there is to be successful rehabilitation. Our desire and intent is to encourage any employee with alcohol or drug dependency to voluntarily enter a drug or alcohol rehabilitation program. It is the responsibility of each employee to initiate and obtain assistance before any difficulties with drugs or alcohol affect his or her ability to perform job functions. Accordingly: Our policy complies with the Florida Drug -Free Workplace Program, as provided in Section 440.101, et seq., Florida Statutes, and the applicable Administrative Rules, as amended. This Drug and Alcohol Workplace Policy and Work Rules require all employees to be free from the influence of drugs and alcohol while working or while on City property is prohibited (this includes and not limited to rest periods and lunch breaks). The use, possession, sale, distribution, or manufacture of any drugs, and/or the unauthorized possession and/or use of alcohol, while working or while on City property is prohibited. All "job applicants" will be tested for drugs prior to beginning work. All employees will be subject to drug and alcohol testing upon reasonable suspicion, after an accident or injury which requires medical attention, as a follow -up to release from a rehabilitation program, and as part of a Page 2of7 Res. No. 26 -09 -12835 routine fitness for duty (physical) examination. Certain employees may be subject to random drug and alcohol testing pursuant to federal law or collective bargaining agreements. All employees are encouraged to be aware of the effects of and to advise their supervisor when taking prescription medication which may affect their performance at work. To ensure a workplace free from the influence of illegal drugs and alcohol abuse, the following Policy has been established. The Policy applies to all employees, supervisors and managers. Any violation of the Policy will result in discipline, up to and including termination of employment. See. 1.10 — Domestic Violence - Any employee or an emvlovee who has a family member or household member who is a victim of domestic violence is eligible for up to three (3) calendar days of unpaid leave from work in any twelve (12) month period to participate in activities resulting from an act of domestic violence The City permits leave for an employee to participate in the followi g specific activities: a. Seeking a protective or injunctive order for protection. b. Obtaining medical care or mental health counseling to address physical or psychological Iniuries, c. Obtaining services from a victim- service organization such as a domestic violence shelter or d. Making the employee's home secure from the perpetrator or aomesue violence or to sees new housing to escape the perpetrator. e. Seeking legal assistance in relation to the act of domestic violence or to attend and prepare for court related proceedings arising from the act of domestic violence. • Domestic violence means any assault, aggravated assault battery aggravated battery-, sexual assault sexual battery stalking aggravated stalking kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Family or household member means spouses former spouses persons related by blood or marriages persons who are presently residing together as if a family or who have resided together in the�ast as if a family, and persons who are parents of a child in common regardless of whether they have been married Except for persons who have a child in common the family or household member must be currently residing or have in the pas t resided together in the same single dwelling unit. • "Victim" means an individual who has been subjected to domestic violence. • The twelve month period for determining whether the three (3) day entitlement has been exhausted is based on a rolling twelve (12) month period measured backward from the first date of leave. Page 3 of 7 Res. No. 26 -09 -12835 • Employees seeking leave under this policy must have exhausted all leave before unpaid domestic leave is rag nted. • Information relating to the employee's leave under this policy must be kept confidential and is exempt from disclosure. Sec. 9.0 — Family Leave - As provided by the 1993 Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et. seq. (1995), all eligible employees shall be entitled to take up to twelve (12) weeks of unpaid, job - protected leave during any twelve (12) month period for specified family and medical reasons. To apply for FMLA you must request updated forms from the Human Resources Department. Two (2) new provisions to the Family Leave Act made changes to the military leave entitlements wherein eligible employees may take up to twenty -six (26) weeks of leave to care for a military service member during a single twelve (12) month period. The second military leave entitlement helps families of members of the National Guard and available to eligible employees with a covered military member serving in the National Guard or Reserves to use for "any qualifying exigency ": Covered Family and Medical Reasons: An eligible employee shall be entitled to twelve (12) weeks of unpaid leave during a 12 -month period for one or more of the following reasons: a. For incapacity due to pregnancy, the birth or placement of a child, prenatal medical care, adoption or foster care (leave must be taken in consecutive work weeks); b. To care for an immediate family member with a serious health condition; or C. To take medical leave when the employee is unable to perform the functions of his/her job because of a serious health condition. d. Eligible employees with a spouse son daughter or parent on active duty in the National Guard or Reserves in supgort of a contingency operation for the purpose of attending certain military events and related activities arranging for alternative childcare, attending certain counseling sessions attending post-deployment reintegration briefings and additional activities not encompassed in the other categories but agreed to by the employer and employee. e. To care for a covered service member which is undergoing medical treatment, Sec. 20.0 — Hours of Work - The normal schedule for regular, full -time employees is a five -day, forty (40) hour work week. The City Manager may make exceptions to this rule when a position requires an alternate schedule. It is the employee's responsibility to be on the job during their Page 4 of 7 Res. No. 26 -09 -12835 regular schedule. Employees who are absent without leave or are habitually late may be subject to disciplinary action up to and including termination. Overtime must be pre- approved by the department head. It shall be the general policy of the City not to have its employees work frequent or considerable overtime; however, department heads may authorize or direct an employee to work overtime when necessary in order to meet emergency deadlines or operational needs. For additional information regarding Florida Labor Standards Act, you may contact the Human Resources Department. Sec. 23.0.1 — Payroll Reporting Procedures during Declared Emergencies/Disaster - During emergency situations and/or natural disasters, employees that are not required to report to work will get paid their hours as Emergency Leave (EL). Essential personnel will receive their pay as follows: • Employees that are directed to stay home will receive payment for eight (8) hours of Emergent Leave EL). • Employees that are directed to report to work will receive payment for eight ($ ) hours of Emergency Leave (EL) and eight (8) hours for regular hours worked. • If they work over their regular scheduled time, they will receive those extra hours as time and a half. Sec, 25.0 — Internet Policy, Email and Personal Computer Usage Policy- This policy applies to all employees of the City who have been given access to the Internet and computer network. Use of the City's computer network is for municipal purposes only and must meet standards as specified in. this rule. The City, provides several information- sbaring technical services including electronic mail, intranet and Internet service, desktop support services, including network office automation file and print sharing, the primary puMose of which is to support and enhance the research and information capabilities of the City and to encourage electronic communications and sharing of information resources within the City and the public at large. No employee should have any expectation of privacy as to their Internet usage and electronic mail. Computers, computer files, the e -mail system, and software furnished to employees are the Cites property, intended for All e -mail transmission should be used for business communications only. Uses conducted in a responsible, efficient, ethical and legal manner for which users must acknowledge their understanding of this rule and guidelines as a condition of receiving access with the burden of responsibility being upon the user to inquire as to acceptable and unacceptable uses prior to such use. Some examples of unauthorized intemet usage are as follows: 1. Violation of any laws, regulation, departmental or City policies, including City, State and County Codes of Ethics. Page 5 of 7 Res. No. 26 -09 -12835 2. Using profanity, obscenity or other language that may be offensive to another person, including the use of the computer for threats, harassment, slander, defamation, obscene or suggestive images or offensive graphical images. The display of any kind of sexually explicit image or document is a violation of the City's policy on sexual harassment. Sexually. explicit material may not be archived, stored, distributed, edited. or recorded using the City's network or computer resources. 3. Viewing pornography, or sending pomographic jokes or stories via email. 4. Political endorsements or the sending of chain letters. 5. Installation of non - approved software, including games or entertainment software, use for any personal reasons, resulting in or relating to personal gaL or for profit enterprise; copying (uploading_ or downloading) commercial software in violation of copyright law. Only the City Maier or his designee may authorize the installation of software. 6. Transmission of any material in violation of federal, state or local law, ordinance, regulation or policy including unlawful or inappropriate communications as stated above, including, but not limited to, offensive, intimidating or embarrassing comments, iokes, slurs; insinuations, rumors or pictures based on race, sex, sexual preference, sexual orientation, religion, color, national origin, or disability. Exceptions Exceptions to the foregoing unacceptable uses may be limited to police investigations into criminal activities, which may require the use of the Internet for information and intelligence gathering. This is permissible with the prior approval of the Chief of Police with notice to the City Manager and /or his designee. Right of inspection The City has software and systems in place that can monitor and record all Internet usage. All employees should be aware that the Ci 's computer system is capable of recording each World Wide Web site visit, each chat, newsgroup or e-mail message. and each file transfer into and out of the City's computer network. The City reserves the right to inspect all files stored in private areas of the City's computer network in order to assure compliance with this rule. The City Manager and/or his designee may review the Internet activity and analyze usage patterns to assure that the City's Intemet and computer resources are devoted to maintaining the highest level of productivity. Disclaimer of liabili sexually explicit and inappropriate material. In eg neral, it is difficult to avoid coming into contact with some of this material on the Intemet even when Wrfbming innocuous search requests. In addition, having an e -mail account may lead to receipt of unsolicited a -mails containing offensive content. Users accessing the Internet do so at their own risk and the City disclaims all liability. Page 6 of 7 Res. No. 26 -09 -12835 Responsibility of employees Employees are responsible for learning proper techniques and standards for participation and for Manual. Particular concerns include issues of privacy, copyright infringement, e -mail etiquette, computer viruses, and any unintended, use of computer resources. Employees must request training as needed, and stay current with new tools. Additional policies, procedures and requirements may be set forth by the City Manager from time to time for which employees are responsible for staving current. Public records E -mail messages made to, or received by City employees in connection with official business shall be maintained as public records and are subject to disclosure in the absence of exception, as provided by Chapter 119, Florida Statutes. Security policy While the City's ability to connect to the Internet offers potential benefits, it can also potentially provide significant risks to data and systems if City employees do not follow appropriate securi ty discipline A City employee can be held accountable for any breaches of security or confidentiality. Section 2: The attached exhibit is incorporated by reference into this resolution. Section 3: This shall take effect immediately upon approval of this resolution. PASSED AND ADOPTED this 17`" day of February, 2009. ATTEST: APPROVED: Y CLERK AYOR READ AND APPROVED AS TO FORM: 10)1WA COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea Commissioner Beckman: Yea Page 7 of 7