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Res. No. 093-08-12690RESOLUTION NO. 93 -08 -12690 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 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI - DADE COUNTY POLICE BENEVOLENT ASSOCIATION (LIEUTENANTS AND CAPTAINS) AND THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami seek to provide the highest levels of law enforcement protection and services for the citizens, residents, businesses and visitors of the City of South Miami; and WHEREAS, a Collective Bargaining Agreement with the Miami -Dade County Police Benevolent Association (PBA), representing (LIEUTENANTS AND CAPTAINS) of the South Miami Police Department, is an integral component of this effort; and WHEREAS, the City Administration and the PBA have successfully concluded negotiations on a new 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 2007 -2008 between the Miami -Dade County Police Benevolent Association and the City of South Miami, which is attached and herein incorporated by reference, is approved and the City Manager is authorized to execute said contract on behalf of the City; Section 2. If any section clause, sentence, or phrase of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Resolution. Section 3. This Resolution shall take effect upon approval. PASSED AND ADOPTED this day of '2008. AT EST: CLERK READ �.._ CITY A APPROVED: I-) AYOR COMMISSION VOTE: 4 -0 MayorFeliu Yea Vice Mayor Beasley Yea Commissioner Wiscombe Yea Commissioner Palmer Yea Commissioner Beckman absent TIM M, cm, To: The Honorable Mayor Feliu and Members of the City Commission Via: W. Ajibola Balogun, City Manager, _-Voo' S ' From: Jeanette Enrizo- Navarro Human Resource Manager Personnel Department Date: June 3, 2008 Agenda Item No. Subject: Approval of Contract between the City of South Miami and Miami -Dade County Police Benevolent Association (Lieutenants and Captains) Collective Bargaining Agreement. Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE YEAR CONTRACT BETWEEN THE MIAMI -DADS COUNTY - - -- POLICE BENEVOLENT ASSOCIATION SUPERVISORY COLLECTIVE BARGAINING UNIT (LIEUTENANTS AND CAPTAINS) 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 (Lieutenants and Captains) Collective Bargaining Agreement. Reason/Need: Attached is the Collective Bargaining Agreement between the Miami -Dade County Police Benevolent Association for Lieutenants and Captains and the City of South Miami for fiscal year 2007/2008. The content of the agreement is consistent with prior years, including a three percent (3 %) Cost of Living Adjustment (COLA) increase for fiscal year 2007/2008. The proposed Agreement has been ratified by the unit on May 27, 2008. Attached is a copy if the letter from the PBA attorney confirming the ratification. Cost & Funding Source: Account Number: 001 - 1910 -521 -1210 Backup Documentation: O Proposed resolution Ll Letter from PBA attorney confirming ratification Ll Collective Bargaining Agreement 2007 -2008 (� tyyt,,1{{1'' ��¢m��{j l /(,e/B�� O� PY9 2901 PONCE DE LEON BOULEVARD EUIT��EEy 200 oral 9,11,,, ,,A14 33134-6020 FAX (20v1448GG85 f 440562 DONALD D. SLESNICK 11 TEL 305) CCRYIiIED IN t1BOR EN PtOYN ENT L4W @Y TXE iLtlRIPa H0.R donMeWck Qs Ip.wm May 13, 2008 James C. Crosland, Esquire Bryant Miller & Olive Attorneys At Law One Biscayne Tower 2 South Biscayne Boulevard Suite 1480 Miami, Florida 33131 Re: City of South Miami PBA Supervisory Unit Negotiations Dear Mr. Crosland: JAMES C. CAS EY A S V PREµE CD V RT CERTIFICD CIViL COVRT µEO1PTDR (imcesey�sDIIP.�m Via E -Mail & US Mail On behalf of the Dade County Police Benevolent Association and the South Miami Police Supervisory Unit, I have been authorized to accept your offer of a 3% across- the -board wage adjustment for the 2007 -2008 contract year. It is also our understanding that this raise is retroactive to October 1, 2007 and that the parties will commence bargaining regarding a successor contract as soon as may be practical. Thank you for your cooperation. Sincerely, JCC /ep cc: Ms. Jeanette Navarro, Director Duman Resources, City of South Miami Capt. Lisa Morton, City of South Miami PD 1 ITIR City of South Miami And Wr WTA , F ot Police Lieutenants i Police Ca ptains 2007 -2008 {M2291697;1) Section Preamble Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 1 I Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 Article 32 Article 33 Article 34 Article 35 Article 36 Fable of Contents Page 3 Recognition 3 Non Discrimination 3 Dues Check -Off 3 Association Representatives 4 Services to the Association 4 Personnel Records 4 -5 Internal Investigation and Obligation to the Public Vehicles and Safety Equipment Promotions and Removal Training Grievance and Arbitration Procedure Holidays Sick Leave Funeral Leave Leave of Absence Vacation Leave Extra -Duty Police Employment Insurance Benefits Management Rights Work Stoppages Awards Military Leave Authorized Use of Private Automobile Bulletin Boards Severability Clause Compensation Prohibition Against Re- Opening of Negotiations Uniforms and Equipment Physical Examination and Workers Compensation Retirement Benefits Educational Incentive Employee Pregnancy /Maternity Leave Employee Assistance Program Abolishment of Merger Americans With Disabilities Act Term of Agreement 5 -6 7 7 7 7 -9 9 10 -11 1.1 11 -12 12 12 -13 13 13 -14 14 15 15 15 15 15 15 -16 16 16 -17 17 -18 18 -19 19 19 20 20 20 21 (M2291697;1)2 PREAMBLE This Agreement is entered into by the City of South Miami, Florida, hereinafter referred to as the "Employer" or the "City" and the 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 persomrel of the rank of Division Commander, Police Lieutenant and Police Captain, but excluding all other employees of the City of South Miami, including the Chief of Police, Assistant Chief of Police, Police Major, Police Sergeant and Police Officer.* ARTICLE 2 NON - DISCRIMINATION There shall be no discrimination, interference, restraint, or coercion by the Employer or the Association against any employee because of Association membership or non- membership, or because of race, creed, color, sex, marital status or national origin. All reference to employees in this Agreement designate both sexes and wherever the male gender is used it shall be construed to include male and female employees. ARTICLE 3 DUES CHECK -OFF 1. Any member of the Association, who has submitted a properly executed dues authorization card or written statement to the City Manager or their designee in accordance with a format prescribed or approved by the City may, by request in writing have their membership dues in the Association deducted from their wages. Dues shall be deducted each bi- weekly pay period, and shall, thereafter, be transmitted to the Association. However, the City shall have no responsibility or any liability for any monies once sent to the Association, nor shall the City have any 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. *The PEA and the City agree to file a Joint Unit Clarification Petition with PERC for the purpose of including Division Commanders in the supervisory Bargaining Unit currently consisting of Lts. and Captains. It is understood and agreed that this Collective Bargaining Agreement will be submitted for ratification by the unit employees and the City Commission contingent upon the successful inclusion of Division Commanders in the supervisory unit. (M2291697;1)3 ARTICLE 4 ASSOCIATION REPRESENTATIVES 1. One member of the Association shall be allowed to attend bargaining sessions for the purpose of renegotiating this Agreement without loss of pay, should the meeting take place while the member is on duty, if approved in advance by the Chief of Police. Should the member be off duty during a bargaining session, he shall not be entitled to any compensation. All bargaining sessions shall be set by mutual agreement between the parties. 2. The Association Representative shall be allowed to process grievances without loss of pay, should such processing take place while the Association Representative is on duty. There shall be a cap of one (1) hour total time which the Association Representative may spend on any one grievance. It is understood and agreed, however, that the foregoing is subject to the manpower needs of the Department at all times. 3. The Association Representative shall be allowed to attend the Dade County PBA Board of Directors meeting once a month without loss of pay or leave time, should the meeting take place while the Association Representative is on duty. ARTICLE 5 SERVICES TO THE ASSOCIATION 1. The City will furnish the Association a copy of the Police Department's Rules and Regulations. 2. The City will allow the Association and its representatives reasonable access to the City Commission Chambers for the conducting of Association business when such facility is not in normal use, upon (5) days written request therefore to the City Manager or their designee. 3. The City will provide a mailbox for each employee for use by the City and the Association to distribute mail and other communications. The aforesaid mailboxes may be used by the Association strictly for the purpose of transmitting material of an informational nature, and shall not be used for the purpose of communicating material tending to, directly or indirectly, disparage any elected or appointed official of the City. 4. Upon written request by the Association, the City will provide, on a semi - annual basis, a complete roster of the bargaining unit, including name, rank, address, telephone number, social security number and current pay scale. ARTICLE 6 PERSONNEL RECORDS I. Employees covered by this Agreement shall have the right to inspect their official personnel file and /or their closed Internal Affairs file during normal business hours and shall not be compensated should said inspection occur outside employee's regular duty hours. The employee shall have the right to request duplicate copies of any items in their official files, upon payment of the usual charge thereof. 2. Employees covered by this Agreement shall receive copies of any disparaging items which are placed in the employee's official personnel file. Employees covered by this Agreement shall also have the right to add written responses to any such disparaging items which are placed in the employee's official personnel file. All written responses shall be sent to the Chief of Police via chain of command not more (M2291697;1)4 than ten business days following the day of receipt by the employee. Written responses shall strictly parallel the disparaging item(s) of concern. 3. To the extent permitted by law, all persomnel records of the employees shall be kept confidential and shall not be released to any person except: authorized officials of the City, or in response to a subpoena from a court of competent jurisdiction, or upon written authorization from the employee. In this regard, the PBA recognizes the City's obligation to comply with Chapter 119, Florida Statutes. 4. At no time shall the news media be directly or indirectly furnished with the home address, telephone number or photograph of any employee or relatives without their express written consent. 5. The City shall purge all records of counseling and oral warnings from employees' personnel files after five (5) years of service without receiving further related counseling or oral warnings. Such documents shall be kept in a separate file. ARTICLE 7 INTERNAL INVESTIGATION AND OBLIGATION TO THE PUBLIC 1. The parties recognize that the security of the City and its citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves those employees in all manner of contacts and relationships with the public and out of such contacts and relationships, questions may arise or complaints may be made concerning the actions of employees covered by this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the direction of, departmental supervisory officials whose primary concern must be the security of the City and the preservation of the public interest. 2. In order to maintain the security of the City and protect the interests of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizens' complaints and matters of internal security; provided, however, that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and /or matter of internal security shall be conducted under the following conditions: A. The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. B. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation, and he shall be informed of the name of all complainants, if known to the Department. C The employee under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the employee under investigation shall be asked by and through one (1) interrogator at any one time. D. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are necessary. All interrogations will be held at the headquarters of the South Miami Police Department, insofar as possible. {M2291697;1) 5 E. Any employee under investigation shall be informed of the right to be represented by counsel or any other representative of their choice who shall be present at all times during such interrogations whenever the interrogations relate to the employee's continued fitness for law enforcement services. F. The formal interrogations of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. G. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogations, he shall be completely informed of all of his rights prior to the commencement of the interrogation. H. During interrogations covered hereunder, questions shall be limited to the circumstances surrounding the allegations, which are the subject of the investigation. I. An employee under investigation may obtain, a copy of any written statement he has executed. J. The employee shall not be subjected to any offensive language, nor shall he be threatened with transfer, dismissal, or other disciplinary measures. No promise of reward shall be made as an inducement to answering questions. K. No employee may be compelled to testify before, or be questioned by any non - governmental agency unless under proper court subpoena. L. The City agrees that no adverse action will be taken against any employee who exercises the rights provided for in this Article. M. An employee who is criminally charged in any jurisdiction with a felony or a serious misdemeanor including but not limited to, DUI, lewd and lascivious conduct, indecent exposure or perjury may, upon review of the circumstances by the Chief of Police, be relieved of duty without pay or benefits. If exonerated, employee shall be compensated for back pay and benefits retroactive to the date the employee was relieved from duty. Any employee placed on leave without pay shall remain on the City's Employee Census but shall be responsible for the full cost of health insurance premiums, during the relief from duty period. N. Upon conclusion of an internal review investigation, employees, designated as subjects, shall be given a written disposition of said investigation. O. Not sustained or unfounded letters of complaint from citizens will not be inserted into an officer's official personnel record. P. The charge of "conduct unbecoming" and all similarly vague charges will not be used by the City unless further substantiated by specific charges. Q. Should disciplinary action result from an internal investigation, an employee may, at the option of the Chief of Police, be allowed to use vacation time to satisfy a suspension which is for five (5) days or less, however the exercising of such option will waive the right to otherwise appeal the discipline. (m2791697;t }6 ARTICLE 8 VEHICLES AND SAFETY EQUIPMENT I. 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. ARTICLE 9 PROMOTIONS REMOVAL AND SENIORITY I . Employees in the ranks of Division Commander, Lieutenant and Captain serve at the will and pleasure of the Chief of Police. Accordingly, promotions to and removal of employees from the ranks of Division Commander, Lieutenant and Captain for non - disciplinary reasons shall remain within the sole discretion of the Chief of Police. 1 In the event of such removal, the employee will revert to his/her last tested position and will be credited with the seniority accrued as a Commander, Lieutenant or Captain. ARTICLE 10 TRAINING 1. The City will provide each employee a copy of training bulletins. Additionally, the City will promptly post in a prominent place, City training bulletins as well as approved training advertisements. 2. The City agrees to pay for any course at the School of Justice, Miami Dade College which employees are required to attend. The City agrees to provide at least forty (40) hours of training every four years to meet Florida statutory certification requirements. The City may provide additional training in its discretion. 3. The City shall attempt to provide weapons training for all employees, but in no event will such training be less than once annually. Their training is in addition to the training provided under paragraph 10.2. Upon qualification and a demonstration of proficiency, employees shall be permitted to carry, on duty, semiautomatic weapons which have been approved by the Department and in accordance with Article 28. The City agrees to provide ammunition for firearms training. 4. The City agrees to sponsor and encourage members of this unit to attend and participate in management level training, upon approval of the Chief of Police and within the budgetary constraints of the City. ARTICLE 11 GRIEVANCE AND ARBITRATION PROCEDURE 1. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties. For the purpose of their Article, a grievance is defined as, and limited to, any dispute, difference or controversy involving the interpretation and application of this Agreement. 2. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the (M2291697;1)7 steps of this Article, their grievance shall be considered conclusively abandoned. Any grievance not answered by management within the prescribed time limits shall automatically advance to the next higher step. 3. Grievances shall be presented in the following manner: STEP 1: The employee shall first take up their grievance with the Chief of Police within seven (7) calendar days of the occurrence of the event(s) which gave rise to the grievance, or within seven (7) calendar days after the employee's return to work from authorized leave, as the case may be. The grievance shall be reduced to writing and shall be discussed by and between the employee (or the representative of the Association and the employee) and the Chief of Police within ten (10) calendar days of the presentation of the grievance. The Chief of Police, shall within ten (10) working days after such discussion (or such longer period of time as is mutually agreed upon), render his decision in writing, with the copy to the Association; STEP 2: In the event the employee is not satisfied with the disposition of the grievance in Step 1, he shall have the right to appeal the Chief of Police's decision to the City Manager within seven (7) calendar days of the date of issuance of the Chief of Police's decision. Such appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the employee, or, at the employee's option, the representative of the Association, requesting that the Chief of Police's decision be reversed or modified. The City Manager shall, within fifteen (15) working days of the appeal (or some longer period of time as is mutually agreed upon) render a decision in writing with a copy to the Association. 4. Where a grievance involves discharge, suspension or disciplinary demotion invoked by the City, such grievance shall be filed at Step 2 within ten (10) calendar days from the date the employee receives the discipline notice. 5. In the event a grievance processed through the grievance procedure has not been resolved at Step 2 above, either party may request that the grievance be submitted to arbitration within fifteen (15) calendar days after the City Manager renders a written decision on the grievance. The arbitrator may be any impartial person mutually agreed upon by and between the parties. However, in the event the parties are unable to agree upon said impartial arbitrator, the parties shall jointly request the American Arbitration Association to furnish a panel of nine (9) names from which each party shall have the option of striking four (4) names in alternating fashion, thus leaving the ninth, which will give a neutral or impartial arbitrator. The party requesting arbitration will strike the first name. Either party may reject up to two (2) arbitration panels in any given case. 6. The City and employee (or the Association) shall mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine their decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine their consideration and determination to the written statement of the grievance presented in Step 2 of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or f M2291697;1I8 amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the arbitrator to supercede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein. 7. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share the said cost. 8. The parties shall make their choice of the impartial arbitrator within seven (7) calendar days after receipt of the panel from the American Arbitration Association. Copies of the arbitrator's award made in accordance with the jurisdiction and authority udder 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. ARTICLE 12 HOLIDAYS 1. The below- listed paid holidays shall be granted under the following conditions 1) January I New Year's Day 2) 3`d Monday of January Martin Luther King's Birthday 3) 3`d Monday of February President's Day 4) 3 Monday of May Memorial Day 5) July 4 Independence Day 6) I't Monday of September Labor Day 7) November 11 Veteran's Day 8) Forth Thursday in November Thanksgiving Day 9) Friday after Thanksgiving 10) Yz day December 24 Christmas Eve 11) December 25 Christmas Day 12) Birthday After 1 year continuous service 13) Floating Holiday Afterl year continuous service 2. Where observance of these holidays may interfere with the work schedule, such observance on an alternate date may be made at the department head's discretion, with the approval of the City Manager. If an employee is required to work on a holiday, the employee shall have the right to take an otherwise regular workday off with the approval of the Cluef of Police. 3. When a holiday falls on a Sunday, the following Monday shall be observed and when it falls on a Saturday, the preceding Friday shall be observed. These alternate observances of holidays shall occur as long as there is acceptable police coverage of the City. , (M2291697;1)9 ARTICLE 13 SICK LEAVE 1. Sick leave shall be granted to employees for absence because of: (a) Personal illness or physical disability resulting in the incapacity of the employee to perform the regular duties of their position and not arising from a service - connected injury or accident. (b) Medical, dental or optical treatments and examinations. (c) Personal illness or physical disability resulting in the incapacity of the employee to perform the usual duties of their position and arising from a service - connected injury or accident, but only after all available disability benefits offered under Workmen's Compensation are exhausted, provided further that use of sick leave in this mariner 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. Sick leave donated to assist other employees in need shall not be counted against the donating employee for the purpose of conversion to vacation. 7. An employee whose service with the City is tenninated 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 Chief of Police shall so direct, the written request for sick leave shall be accompanied by a certificate signed by the physician or other licensed medical practitioner treating the (M2291697;1) 10 employee, certifying as to the incapacity of the employee during such period to perform the usual duties of their position. Such directives shall be valid and in force for a period not to exceed four (4) months. Chief of Police may issue additional directives not to exceed four (4) months in duration, in their discretion. The issuance of all such directives may be appealed to the City Manager. Failure to furnish such a medical certificate for absences in excess of three (3) workdays, or for any absence when so directed by the Chief of Police, shall result in the absence being charged to the vacation leave of the employee and possible disciplinary action. 9. Employees hired prior to October 1, 1995, who voluntarily terminate employment from the City, shall receive payment for leave deposited in the sick leave bank in accordance with following schedule: After 5 years of continuous service 25% After 10 years of continuous service 50% After 15 years of continuous service 75% After 20 years of continuous service 100% 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. AR'T'ICLE 14 FUNERAL LEAVE 1. Employees covered by this Agreement shall be entitled to funeral leave with pay up to a maximum of four (4) work days in the event of a death in the employee's family. Two (2) additional days of leave shall be granted if travel in excess of 250 miles one way is necessary. 2. The immediate family shall be defined as wife or husband, grandparents, parents, children, grandchildren, brothers, sisters, father -in -law, mother -in -laws, brother -in- law and sister -in -law. 3. Proof of death in the immediate family in the form of death certificate or public obituary must be provided to the City Manager or their designee before compensation is approved. 4. Funeral leave shall not be charged to sick leave or annual leave. AR'T'ICLE 15 LEAVE OF ABSENCE 1. "No Pay" leave may be granted by the City Manager in his or her discretion for a period not to exceed six (6) months to enable the employee to receive professional or technical training which will improve their work upon their return to service, or because of the employee's extended illness or non-job-related disability. Maternity leave shall be treated the same as any other extended illness or non-job-related (M2291697;1)1 1 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 be charged against vacation leave, but entry thereof shall be made upon the leave records of such employee. 3. Any employee granted leave without pay for six (6) months or more shall be entitled to be placed by the City only if a job position is available, it being clearly understood that if the job position last held has. been filled or eliminated, the City will make every effort to place the employee in another job position for which said employee qualifies. If placed in another job position, said employee shall be entitled only to the wage scale for such new position. If no. job position is available, the City will give priority to said employee as soon as a new job position for which the employee qualifies, is available. ARTICLE 16 VACATION LEAVE 1. The term "Vacation Leave" shall be used to designate leave with pay granted to an employee on the following prorated basis: Years of Uninterrupted Service Amount of Vacation 1) 1 to 5 years inclusive 2 -2/5 weeks or 12 working days* 2) 6 to 14 years inclusive 3 weeks or 15 working days 3) 15 to 19 years inclusive 3 -3/5 weeks or 18 working days 4) 20 years and over 4 -1/5 weeks or 21 working days (a) Vacation shall require approval of the Chief of Police or their designee, and at no time shall an employee be allowed to use more vacation leave than has been accumulated. (b) Earned vacation time is principally intended for use during the year in which it is earned. Under exceptional circumstances and upon written request within the year in which the vacation time is earned, such time may be used up to 30 days past the employee's anniversary date with the written approval of the City Manager. (c) Vacation leave may be taken to the extent that it is earned by the employee, subject to the prior approval of the Chief of Police, upon written application by the employee in advance, and at the convenience of the City. (d) Any earned and credited vacation leave to the credit of an employee when terniinating employment with the City will be paid prorated at the employee's current rate of pay with the last paycheck received. 2. An employee may request their vacation pay checks in advance of scheduled vacation pay by submitting a written request to the City's Payroll Department at least two (2) weeks prior to starting their vacation. Must be preapproved by the City Manager. 3. Employees will be permitted to split their vacation dates at the discretion of the Chief of Police. ARTICLE 17 EXTRA -DUTY POLICE EMPLOYMENT 1. Police Officers authorized by the Chief of Police to perform extra -duty police employment shall charge in accordance with the Miami -Dade Police Department's extra duty rate table. (M2291697;1) 12 2. Any employee who may injured while acting in the scope of such employment shall be entitled to the same rights, privileges, benefits and workers' compensation as if on duty provided that such extra -duty employment is authorized by the Chief of Police. 3. The parties agree to the formation of a committee to promulgate recommendations for a fair and equitable system of allotting extra duty work. The Committee shall consist of members of the collective bargaining unit (selected by the PBA), staff and management of the police department. ARTICLE 18 INSURANCE BENEFITS The City agrees to pay for HMO health insurance for all employees covered by this agreement. Employees wanting the optional POS or PPO health insurance will pay the difference between the two plans. The City will also continue the current levels of coverage for dental, life and disability insurance. The employee agrees to pay for 100 % of dependent coverage for health and dental insurance. ARTICLE 19 MANAGEMENT RIGHTS 1. The Association and its members recognize that the City has the exclusive right to manage and direct all of its operations. Accordingly, the City specifically, but not by way of limitation, reserves the exclusive right to: A. Decide the scope of service to be performed and the method of service; B. Hire and/or otherwise determine the qualifications of employees and the criteria and standards for employment; C. Promote and/or remove employees from the ranks of Division Commander, Lieutenant and Captain for non - disciplinary reasons within the sole discretion of the Chief of Police; D. Terminate or otherwise discipline employees for just cause; E. Promote and detemine the qualifications of employees; F. Lay off and /or relieve employees from duty due to lack of work or budgetary constraints. G. Transfer employees from location to location and from time to time; H. Rehire employees; I. Determine the starting and quitting time and the numbers of hours and shifts to be worked. J. Determine the allocation and content of job classifications; K. Formulate and/or amend job descriptions; L. Merge, consolidate, expand, or curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City good business judgment makes such curtailment or discontinuance advisable; M. Contract and/or subcontract any existing or future work; N. Expand, reduce, alter, combine, assign, or cease any job; O. Determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement; P. Control the use of equipment and property of the City; Q. Determine the number, location, and operation of headquarters, annexes, substations and divisions thereof, (M2291697;1)13 R. Schedule and assign the work to the employees and to determine the size and composition of the work force; S. Determine the services to be provided to the public and the maintenance procedures, materials, facilities, and equipment to be used, and to introduce new or improved services, maintenance procedures, materials, facilities and equipment; T. Take whatever action may be necessary to carry out the mission and responsibilities of the City in emergency situations; U. Formulate, amend, revise and implement policy, programs, rules and regulations; V. Have complete authority to exercise those rights and powers that are incidental to the rights and powers enumerated above including the right to make unilateral changes. 2. The above rights of the City are not all inclusive but indicate the type of matters or rights which belong to and are inherent in the City as the employer. Any of the rights, powers, and authority the City had prior to entering their collective bargaining agreement are retained by the City, except as specifically abridged, delegated, granted or modified by this Agreement. 3. If the City fails to exercise any one or more of the above functions from time to time, this will not be deemed a waiver of the City's right to exercise any or all of such functions. ARTICLE 20 WORK STOPPAGES 1. The Association agrees that, tinder 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 this Article, the City shall be entitled to seek and obtain legal and/or equitable relief in any court of competent jurisdiction. 4. For the purpose of this Article, it is agreed that the Association shall be responsible for any act committed by its officers, agent, and/or representatives which act constitutes a violation of state law or the provision herein. In addition to all other rights and remedies available to the City understate law, in the event of a breach of the provisions herein, the City shall have the right to miilaterally and without further notice terminate their collective bargaining agreement, withdraw recognition from the Association, and cease dues deductions. {M2291697;1) 14 ARTICLE 21 AWARDS The City will endeavor to provide a formal system of awards for various degrees of outstanding service. Employees selected as Officer of the Month or Supervisor of the Month shall receive official awards which are to be posted conspicuously in the Police Station and City Hall. Additionally, formal recognition of employee's exceptional service shall be placed in personnel files. ARTICLE 22 MILITARY LEAVE The City shall abide by any and all statutory rights employees who are also members of the United States military are entitled to. ARTICLE 23 AUTHORIZED USE OF PRIVATE AUTOMOBILE Any employee authorized to use their private automobile in the performance of their City duties will be compensated at the mileage rate prescribed by Florida Statutes. Such mileage shall be computed based on the distance between the employee's regular duty station and the place of assignment or the employee' residence and the place of assignment, whichever is shorter. Mileage shall not be paid for commuting to and from the regular duty station or for court appearances or case - related conferences. ARTICLE 24 BULLETIN BOARDS The City shall permit the Association to post notices of an informational nature and names and addresses of officers, directors, and representatives of the Employee Organization on a 5' x 4' bulletin board in the squad room at the police station. A copy of each notice to be posted shall be transmitted to the Chief of Police or their designee prior to posting. Under no circumstances shall the Association tender for posting any notice training material tending to, directly or indirectly, disparage any elected or appointed official or employee of the City. An officer of the Association shall sign each notice to be posted. ARTICLE 25 SEVERABILITY CLAUSE Should any provision of this Agreement or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Furthermore, should any provision of this Agreement become invalid, as described above, the parties shall meet within thirty (30) calendar days of such decision or legislation to discuss substitute provisions or ramifications of such action of this Agreement. ARTICLE 26 COMPENSATION All bargaining unit members shall receive a three percent (3 %) across the board the wage increase effective and retroactive to October 1, 2007. (M2291697;1) 15 Special Risk Pay shall remain at $40.00 per pay period for term of this contract. ARTICLE 27 PROHIBITION AGAINST REOPENING OF NEGOTIATIONS Except as specifically provided herein, neither party hereto shall be permitted to reopen this Agreement or any part of this Agreement. This Agreement contains the entire agreement of the parties on all matters relative to wages, hours, working conditions, and all other matters which have been, or could. have been negotiated by and between the parties prior to the execution of this Agreement. ARTICLE 28 UNIFORMS AND EQUIPMENT 1. Employees covered by this Agreement shall receive from the City upon appointment, at no cost to the employee, a new uniform, which shall consist of the following: (a) One (1) long sleeve shirt; (b) Five (5) short sleeve shirts; (c) Five (5) pairs of trousers; (d) One (1) hat; (e) Badge and name tag; (f) Leather goods and accessories to include: but not be limited to: handcuffs and case, cartridge case, holster and hand held radio holder and (g) The appropriate quantity of shells; (h) One (1) jacket with zip -out lining; (i) Two (2) pairs police low quarter corfam shoes; 0) Raingear; (k) Upon employee's request, two pairs of uniform shorts shall be issued. The above items shall be replaced as needed, by the City, within a reasonable amount of time from the employee's written request. Such requests shall include the reason for replacement and is contingent upon approval of the Division Commander via chain of command. 2. Employees who are required to wear non - issued clothing will receive a clothing allotment of $600 dollars annually. One -half (1/2) of said allotment will be paid on the pay day nearest the 15th of December of each year and the other one -half (1/2) will be paid on the pay day nearest the 15th of June of each year provided that the employee is employed on said day. 3. Uniformed employees covered under this Agreement will receive a clothing allowance of $300 dollars annually. One -half (1/2) of said allotment will be paid on the pay day nearest the 15th of December of each year and the other one -half (1/2) will be paid on the pay day nearest the 15th of June of each year provided that the employee is employed on said day. Any employee who receives a clothing /uniform allowance in advance who terminates employment, except for retirement, will have a prorated portion of that allowance deducted from the final paycheck. No final paycheck will be given the terminated employee until all city - owned property such as uniforms and equipment, ID, etc. has been returned to the City. (m2291697;1 } 16 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 10.3 - TRAINING. 2) A request to carry the firearm shall be approved by the Chief of Police. 3) Firearm shall be inspected and approved by a department armorer. 4) Sworn personnel shall not modify authorized fireanns. 5) Holster and ammunition clip holder shall be purchased (by employee) and approved by the Chief of Police. 6) The officer shall complete a training course pertaining to the new firearm. 7) The officer shall qualify with firearm. 8) Firearms and magazines shall be carried with Department issue ammunition only. 9) The Department shall set forth the manufacturers and models approved for use. 8. Employees shall also be issued ASP's with holsters and shall receive appropriate training for use of such ASP's prior to issuance. 9. Uniformed personnel shall be permitted to wear, as part of their uniform, a standard knife case, the finish of which matches the leather accessories issued by the City. The uniformed personnel shall not carry any knife on their person other than that which is contained in said case (the blade of which shall not exceed three inches in length). ARTICLE 29 PHYSICAL EXAMINATION AND WORKERS' COMPENSATION BENEI+ITS 1. Employees will receive an electrocardiogram, eye exam, and physical examination to include alcohol and drug screen testing at least once a year (12 months) performed by a physician selected by the City or when requested by the City. Scheduling of the above will be at the discretion of the City, and the results will become part of the employee's permanent record. The City will undertake the cost of the examination and will furnish the employee with a copy of the examination report. 2. Employees covered by this agreement further agree that, in the interest of public confidence, there needs to exist a management right to submit employees at random and without notification for drug and alcohol testing. Said tests shall be in addition to the annual physical and may occur not more than one time per employee each year. (M2291697;1)17 3. It is further understood and agreed that all issues pertaining to Drug and Alcohol Testing shall be governed by City of South Miami Drug and Alcohol Policy and Work Rules implemented on March 1, 2004. ARTICLE 30 RETIREMENT BENEFITS 1. Each bargaining unit employee who retires on length of service or medical disability shall receive a one grade promotion and shall be issued a badge and identification card clearly marked "retired ". 2. Bargaining unit employees shall be 100% vested in the retirement plan when completion of ten (10) years continuous full -time service in the retirement plan is completed. Accordingly, effective October 1, 1993, all bargaining unit employees in the retirement plan who have, as of October 1, 1993, between ten (10) and twenty (20) years of continuous service will be 100% vested. 3. 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 %). 4. Effective October 1, 2001, in accordance with the new provisions of State Statute governing Chapter 185 Funds, the sum of $12,498.00 will be paid from the Chapter 185 Police Retirement funds to the South Miami Police Pension Plan each year, regardless of the growth or diminution in future Chapter 185 funds in partial exchange for the 25 years of service and out benefit improvement to the pension plan. 5. The retirement plan is mandatory for all employees hired after October 1, 1995. 6. Final average. compensation shall mean the participant's annual compensation, as determined by the employer, acting in a uniform and nondiscriminatory manner averaged over the last three (3) year period ending on the participant's retirement date, date of disability, date of termination of employment, or date of termination of the plan, whichever is applicable. 7. The normal retirement date (the earliest date a bargaining unit employee may retire with full unreduced pension benefits) is the completion of 25 years of credited service or attainment of age 60 and completion of 10 years of credited service. 8. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for active duty in the U. S. military service or prior sworn law enforcement service, up to a maximum of four (4) years in the South Miami Retirement System, pursuant to procedures to be promulgated by the City in consultation with the PBA. 9. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immediate past City service as a member of the bargaining unit up to a maximum of five (5) years in the South Miami Retirement System pursuant to procedures to be promulgated by the City in consultation with the PBA. The actuarial and technical language is to be prepared by a certified company agreed to by the City and the PBA, and adopted by the Pension Board. Any condition or impairment of health of any police officer caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total disability or death, shall be presumed to be (M2291697;1)18 accidental and suffered in the line of duty unless the contrary be shown by competent evidence. 10. For full text, please see Ordinance 16 -08 -1951 adopted May 20, 2008 — titled Pension Plan. ARTICLE 31 EDUCATIONAL INCENTIVE I . The City agrees to bear the cost of tuition for specialized educational courses to better equip the officers for the performance of the particular job and /or position in which they are employed. 2. Every application for educational assistance shall be subject to the approval of the Chief of Police and the City Manager. Such approval must be obtained at least thirty (30) days prior to the beginning of any course. 3. If any application is approved, guidelines for reimbursement are as follows: a) 50% reimbursement of the course cost for a grade of "C" or better for undergraduate courses; b) 50% reimbursement of the course cost for a grade of `B" or better for graduate courses; 1. Any such reimbursement shall be made only upon submission of proof of the grades as provided in sub - sections a and b above; 2. The credit hour cost of any courses approved shall be capped at the rate used by local publicly funded universities and /or community colleges. 3. Employees utilizing educational assistance must remain with the City for a period of at least two years following completion of any reimbursed course, or said money must be repaid to the City (amount may be deducted from final pay). ARTICLE 32 EMPLOYEE PREGNANCUMATERNITY 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 to six (6) months. In the event that the pregnant employee has any accrued annual leave, sick leave or comp time, she may use all or any part of the accrued leave at her request in lieu of unpaid leave. (M2291697;1) 19 ARTICLE 33 EMPLOYEE ASSISTANCE PROGRAM The City and the PBA concur that an Employee Assistance Program (EAP) would be of great value in supporting the operations of the Police Department and to bolstering the welfare of the Department's law enforcement personnel. Therefore, it is agreed that the City Manager and the PBA unit representatives will meet, as needed, to develop an action plan to implement such a program that is responsive to the needs of the bargaining unit and is affordable to the City. ARTICLE 34 ABOLISHMENT OR MERGER L 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. ARTICLE 35 AMERICANS WITH DISABILITIES ACT Notwithstanding any other provision of this Agreement, the PBA agrees that the City may take whatever actions may be necessary to comply with the Americans with Disabilities Act or the Florida Civil Rights Act to provide reasonable accommodation to individuals with disabilities as required under those laws. To accomplish this, the City shall notify the PBA of the action it intends to take to comply with the ADA or the Florida CRA. if the PBA disagrees with the action contemplated by the City, the PBA shall immediately request negotiations with the City to resolve the issue and to determine the parties' mutual obligations to comply with these laws. However, any contention or claim that the City violated any provision of the Americans with Disabilities Act or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies, and shall not be subject to the grievance procedure herein. (M2291697;1)20 ARTICLE 37 TERM OF AGREEMENT Except as provided herein, all provisions of this Agreement shall be effective upon ratification by the PBA and the City. This Agreement shall remain in full force and effect until and including September 30, 2008. Dade County Police Benevolent ociatio John Rivera, President Dade County PBA ATTEST: City of South Miami By. Ajibola Balogun, ity Manager Date: boo HS�O . /vim• s_°S:� �Yi� L,.$ICJ�Ji� G</ By: LO Date: lrj NI Horace G. Feliu, yor Ce By:/^, Date: U//0/08 Brian D. Beasley, Vice May By Date: R C issioner By: Date: {� 'Velma Palmer, Commissioner p By: V� j_ �r� C e ea Date: �' J© 0 ay Beckman, Commissioner ATTEST: Date: / d erk (M2291697;1)21