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Res. No. 090-05-12069RESOLUTION NO.90-05-12069 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN MIAMI DADECOUNTY POLICE BENEVOLENT ASSOCIATION AND THE CITY OF SOUTH MIAMI;PROVIDING FOR SEVERABILITY,ANDAN EFFECTIVE DATE. WHEREAS,the Mayor and City Commission of the City ofSouth Miami seek to provide the highest levels oflaw enforcement protection and services for the citizens,residents,business and visitors ofthe CityofSouth Miami;and WHEREAS,a Collective Bargaining Agreement with Miami-Dade County Police Benevolent Association (PBA),representing the sworn officers of the South Miami Police Department,is an integral component ofthis effort;and WHEREAS,the City Administration and the Miami-Dade Police Benevolent Association have successfully concluded negotiations on a new three-year contract which achieves these objectives;and WHEREAS,the Miami-Dade Police Benevolent Association has ratified the proposed contract. NOW,THEREFORE,BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI,FLORIDA: Section 1.The Collective Bargaining Agreement for 2004-2007 between the Miami-Dade County Police Benevolent Association and the City of South Miami,which is attached and herein incorporated by reference,is approved and the City Manager is authorized to execute said contract on behalf of the City; Section 2If 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.Thisresolutionshalltakeeffectuponapproval. PASSED AND ADOPTED this /^^day of t±,20(o. ATTEST: -JYd^->^ ITY CLERK READ AND APPROVED AS TO FORM CHFTATTORNEY APPROVED: Cm COMMISSION VOTE:4-0 MayorMaryScottRussell Yea ViceMayor Velma Palmer Yea Commissioner Marie Brits-Cooper Yea Commissioner CraigZ.Sherar Yea CommissionerRandyG.Wiscombe absent CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO:Honorable Mayor,Vice Mayor DATE:July 19,2005 &CityCommission * FROM:MariaV.Davis//flr/iAfinr JTEMNo-*? City Manager ^<-l/MM t^RE: RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OFSOUTHMIAMI,FLORIDA,APPROVINGANDAUTHORIZINGTHE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI-DADE COUNTY POLICE BENEVOLENT ASSOCIATION AND THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY,ANDAN EFFECTIVE DATE. BACKGROUND &ANALYSIS Enclosed isthe Collective Bargaining Agreement between the Miami-Dade County Police Benevolent Association andtheCityofSouth Miami for fiscal years 2004-2005 /2005-2006 /2006-2007.This tentative Agreement hasbeenratifiedby bargaining unitonJune 23,2005. RECOMMENDATION Irecommend approval. DONALD D.SLESNICK II CERTIFIED IN LABOR EMPLOYMENT LAW .-BY THE FLORIDA BAR donslesnick@scllp.com JLaw Unices of •i &Casey,,119 2701 PONCE DE LEON BOULEVARD SUITE 200 Coral 9aUes,Jlorlda 33/34-6020 FAX (30S)-448-5685 TEL (305>448-S67 Z June 23,2005 JAMES C.CASEY FLORIDA SUPREME COURT CERTIFIED CIVIL COURT MEDIATOR jimcasey @scllp.com To Whom ItMayConcern: Re:Certification of Ratification Vote On Monday,June 23,2005 at 2:15 pm the secret ballots Were counted regarding the ratification vote on the City of South Miami and Dade County Police Benevolent Association proposed 2004- 2007Collective Bargaining Agreements The count ofthe secret ballots wasasfollows: TOTAL BALLOTS PRINTED TOTAL BALLOTS DISTRIBUTED TOTAL ABSENTEE BALLOTS TOTAL BALLOTS COUNTED TOTAL YES VOTES TOTAL NO VOTES TOTAL BALLOTS CONTESTED BALLOTS DISTRIBUTED NOT CAST 45 3± I 3L 3Z z o I/WE HEREBYCEgOTY the results of these ratifications astrueand accurate and that the proposed conteSeTwasy was not ratified this 23rd day ofJune 2005. James C.Casev Print Name Sue tt-A Witness * Signature ORDINANCE NO.05-06-1873 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI-DADE COUNTY POLICE BENEVOLENT ASSOCIATION AND THE CITY OF SOUTH MIAMI;PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. WHEREAS,theMayorandCity Commission of thecity of SouthMiamiseektoprovide thehighestlevels of law enforcement protection and services forthecitizens,residents,businesses and visitors of the City of South Miami;and WHEREAS,aCollectiveBargainingAgreementwiththeMiami-DadeCountyPolice BenevolentAssociation (PBA),representing theswornofficers of theSouthMiamiPolice Department,isan integral component of thiseffort;and WHEREAS,theCity Administration andthePBAhavesuccessfully concluded negotiations onanew three-year contractwhichachievesthese objectives;and WHEREAS,the PBA has ratified the proposed contract. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR ANDCITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1.TheCollectiveBargainingAgreementfor2004-2007betweentheMiami- DadeCountyPoliceBenevolentAssociationandtheCity of SouthMiami,whichisattachedand herein incorporated by reference,isapprovedandtheCity Manager is authorized toexecutesaid contract on behalf of the City, Section 2.If anysection,clause,sentence,orphrase of this resolution isforanyreason heldinvalidorunconstitutionalbyacourt of competentjurisdiction,theholdingshallnotaffectthe validity of the remaining portions of this resolution. Section 3.All ordinances orparts of ordinancesin conflict withthe provisions of this ordinance are repealed. Section 4.This ordinance shall be effective as of July 19,2005. PASSED AND ADOPTED this /7^day of Qd«AJAJM*l~,2006. ATTEST: C^^jl^^cJ^ CITY CLERK PBA Ordinance Pace 1 of 2 Ord.No.05-06-1873 READ AND APPROVED AS TO FORM: ^Reading 1/11/06 2nd Reading 1/17/06 COMMISSION VOTE:5-0 Mayor Russell:Yea Vice Mayor Palmer:Yea Commissioner Wiscombe:Yea Commissioner Birts-Cooper:Yea Commissioner Sherar:Yea C:\Documents and Settings\Aricke\My Documents\Word DocumentsNOrdinancePBAAgreementdoc PBA Ordinance Page2 of 2 COLLECTIVE BARGAINING AGREEMENT City of South Miami And Dade County Police Benevolent Association Rev.09/05 2004-2005 2005-2006 2006-2007 Table ofContents Sections Page Preamble 3 Article 1 Recognition 3 Article 2 Non Discrimination 3 Article 3 Dues Check-Off 3-4 Article 4 Association Representatives 4 Article 5 Services to the Association 4 Article 6 Personnel Records 4-5 Article 7 Internal Investigation and Obligation tothe Public 5-7 Articles Shifts 7-9 Article 9 Vehicles and Safety Equipment 9 Article 10 Promotions 9 Article 11 Training 10 Article 12 Grievance and Arbitration Procedure 10-12 Article 13 Holidays 13 Article 14 Sick Leave 13-15 Article 15 Funeral Leave 15 Article 16 Leave of Absence 15-16 Article 17 Vacation Leave 16 Article 18 Extra-DutyPolice Employment 16-17 Article 19 Insurance Benefits 17 Article 20 Hours of Work and Overtime 17-18 Article 21 Management Rights 18-19 Article 22 Work Stoppages 19-20 Article 23 Awards 20 Article 24 Military Leave 20 Article 25 Authorized Use of Private Automobile 20 Article 26 Bulletin Boards 20-21 Article 27 Severability Clause 21 Article 28 Compensation 21 Article 29 Prohibition Against Re-Opening of Negotiations 21 Article 30 Uniformsand Equipment 22-23 Article 31 Non-Promotional Vacancies 23 Article 32 PhysicalExaminationand Workers Compensation 23-24 Article 33 Retirement Benefits 24-25 Article 35 Educational Incentive 25-26 Article 35 Employee Pregnancy/Maternity Leave 26 Article 36 Employee Assistance Program 26 Article 37 Abolishment of Merger 26 Article 38 Americans With Disabilities Act 26-27 Article 39 Term ofAgreement 27 PREAMBLE ThisAgreementisenteredintobytheCity of South Miami,Florida,hereinafter referred toasthe"Employer"orthe "City"andthe Dade CountyPoliceBenevolent Association,Inc.,hereinafterreferredtoasthe "Association",forthepurpose of promoting harmonious relations betweenthe Employer andthe Association,to establish anorderlyandpromptprocedurefortheresolution of grievances,toinsurecontinuation of normalactivitiesanddepartmentaloperations,tosettle differences which might arise andtosetforththebasicandfullagreementbetweenthepartiesconcerningrates of pay, wages,hours ofwork andallotherconditions ofemployment ARTICLE 1 RECOGNITION 1.The Employer hereby recognizes theDadeCountyPolice Benevolent Association as the collective bargaining agent forallpermanentfull-time sworn police personnel of therank of police officer,andpolice sergeant,includingprobationary employees,but excluding allother employees of the City of South Miami,including the Chief of Police,Assistant Chief,PoliceCaptain,Police Lieutenants and Division Commanders.Thepartiesheretoagreeto jointly petition thePublic Employees Relations Commission to clarify thebargainingunit by removing the referenceto "Internal Affairs Sergeants"and by adding"Police Majors"to the list of excluded positions. ARTICLE 2 NON-mSCMMOnCATlON 1.Thereshallbenodiscrimination,interference,restraint,orcoercion by theEmployer ortheAssociationagainstanyemployeebecause of Association membership ornon- membership,or because ofrace,creed,color,sex,marital status,disabilityor national origin.All referenceto employees inthisAgreementdesignatebothsexesand wherever themalegenderisuseditshallbeconstruedto include male andfemale employees. ARTICLE 3 DUES CHECK-OFF 1.Any member of the Association,whohassubmittedaproperlyexecuteddues authorization card orwritten statement totheCity Manager ortheir designee in accordance witha format prescribed or approved bytheCitymay,by request in writing have their membership dues inthe Association deducted from their wages. Duesshallbe deducted eachbi-weeklypay period,andshall,thereafter,be transmitted tothe Association.However,the City shall haveno responsibility orany liability for any monies once sent tothe Association,nor shall the City have any responsibility oranyliabilityforthe improper deduction of dues.Further,the Association shall holdtheCityharmlessfornon-intentional errors inthe administration oftheduesdeductionsystem. 2.It shall bethe responsibility of the Association to notify theCity Manager or their designee of any change inthe amount of dues tobe deducted at least thirty (30)days in advance of said change.Under no circumstances shall theCitybe required to deduct Association fines,penalties,or assessments from thewages ofany member. 3.Any member of the Association may,on thirty (30)days written notice to the City andthe Association,requesttheCitytocease deducting duesfromtheirwages. ARTICLE 4 ASSOCIATION REPRESENTATIVES 1.Two members of the Association shallbe allowed toattendbargaining sessions for the purpose of re-negotiating this Agreement without loss of pay,should the meeting takeplace while the member isonduty,if approvedinadvance by the Chief of Police.Should the member be off dutyduringabargaining session,heshall not be entitledtoanycompensation.All bargainingsessionsshallbesetbymutual agreement between theparties. 2.The Association Representative shallbe allowed toprocessgrievances without loss of pay,should such processing takeplace while the Association Representative is on duty.Thereshallbeacap of one(1)hourtotal time which the Association Representative may spendonanyonegrievance.Itisunderstoodand agreed, however,that the foregoingissubjecttothemanpowerneeds oftheDepartmentatall times. 3.The Association RepresentativeshallbeallowedtoattendtheDadeCountyPBA Board of Directors meeting onceamonth without loss of payorleave time,should the meeting take place while theAssociation Representative isonduty. ARTICLE 5 SERVICES TO TRF.ASSOCIATION 1.The City will furnishtheAssociationacopy of thePoliceDepartment'sRulesand Regulations. 2.The City will allow theAssociationanditsrepresentativesreasonableaccesstothe City Commission Chambersfortheconducting of Association business when such facilityisnotinnormaluse,upon(5)dayswrittenrequestthereforetotheCity Manageror their designee. 3.TheCity will provideamailbox for each employee foruse by theCityandthe Association to distribute mail and other communications.The aforesaid mailboxes may be used by the Association strictlyforthepurpose oftransmittingmaterial of an informationalnature,andshallnotbeusedfor the purpose of communicatingmaterial tendingto,directlyor indirectly,disparage anyelectedor appointed official of the Oty. 4.Upon written request by the Association,the City will provide,onasemi-annual basis,a complete roster of the bargaining unit,including name,rank,address, telephone number,socialsecuritynumberandcurrent pay scale. ARTICLE 6 PERSONNEL RECORDS 1.Employees covered by thisAgreementshall have the righttoinspecttheirofficial personnel file and/or their closed Internal Affairs file during normal business hours andshall not be compensated shouldsaidinspectionoccuroutside employee's regular dutyhours.The employee shallhavetherightto make duplicatecopies of anyitems intheir official files,upon payment oftheusualcharge thereof. 2.Employees covered by this Agreementshallreceivecopies of anydisparagingitems, which areplacedinthe employee's officialpersonnelfile.Employees covered by this Agreement shall also havetherighttoaddwrittenresponsestoanysuch disparaging items,whichareplacedinthe employee's officialpersonnel file.All written responsesshallbesenttothe Chief of Police via chain of command not more than ten businessdaysfollowingtheday of receipt by the employee.Written responsesshallstrictly parallel the disparaging item(s)of concern.Any refusalto signadocument shall be documented onallcopiesbytheissuingofficer(i.e. "EmployeeRefusedto Sign");however,no retaliatory ordisciplinaryactionshallbe takenagainstanyemployeewhorefusestosignadocument. 3.Totheextent permitted by law,all personnel records of theemployees shall bekept confidentialand shall notbe released toanypersonexcept:authorizedofficials ofthe City,orin response toa subpoena from a court of competent jurisdiction,orupon written authorization from the employee.Inthis regard,thePBA recognizes the City's obligationto comply withChapter 119,Florida Statutes. 4.Atnotime shall thenews media be directly or indirectly furnished withthehome address,telephone number or photograph of anyemployeeor relatives withouttheir express written consent. 5.TheCity 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 bekeptina separate file. ARTICLE 7 INTERNAL INVESTIGATION AND OBLIGATION TO THE 1.The parties recognize that the security of the City and its citizens depends toa great extent upon the manner in which the employees covered bythis Agreement perform their various duties.Further,the parties recognize thatthe performance of such duties involves those employees in ail 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 o£departmental supervisory officials whose primary concern mustbethe security oftheCity and the preservation ofthe public interest 2.In order to maintain the security ofthe 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 toa 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 isof sucha degree that immediate action is required. B.Theemployeeunder investigation shall beinformed of the nature of the investigation prior toany interrogation,and he shall be informed of thename ofall complainants,ifknown tothe Department C.Theemployeeunder investigation shall beinformed of the rank,name,and command of theofficerin charge of the investigation,the interrogating officer,and all persons present during the interrogation.All questions directed tothe employee under investigation shall be asked by and through on (1)interrogatoratanyonetime. D.Interrogation sessionsshallbefor reasonable periodsandshallbe timed to allowforsuchrest periods asare necessary.All interrogations willbeheldat the headquarters ofthe South Miami Police Department,insofar as possible. E.Any employee under investigation shall be informed of the right tobe represented by counseloranyother representative of theirchoicewhoshall be present atalltimes during such interrogations whenever the interrogations relatetothe employee's continuedfitnessforlaw enforcement services. F.The formal interrogations ofan employee,including all recess periods,shall be recorded,andthereshallbeno unrecorded questionsor statements. G.If the employee under interrogation is under arrest orislikelytobe placed under arrest asa result ofthe interrogations,he shall be completely informed of all ofhis rights prior tothe commencement ofthe interrogation. H.During interrogations covered hereunder,questions shall belimitedtothe circumstances surrounding the allegations,which are the subject of the investigation. I.An employee under investigation may obtain,upon request andatnocost,a copy of any written statement he has executed. J.The employee shall notbe subjected toanyoffensive language,nor shall hebe threatened with transfer,dismissal,or other disciplinary measures.No promise ofreward shall be made asan inducement to answering questions. K.No employee maybe compelled to testify before,orbe questioned by any non-governmental agencyunlessunder proper court subpoena. L.The following procedure shall be followed with regard tothe administration of polygraph examinations.Ifa citizen files a complaint against an employee oremployeescoveredbythis Agreement andsignsanaffidavit acknowledging that he/she willtakea polygraph examination concerning said complaint,theCitymay request that the employee or employees in question also takea polygraph examination concerning thecomplaintIntheeventan employee in question agrees totakea polygraph examination concerning the complaint,the City agreesnottoadministertheexaminationunlessfirst successfully taken bythe complainant For the purpose of their paragraph, "successfully taken"shall be defined asthe examiner's opinion thatthe complainant's polygraphs donotreflect reactions normally indicative of deception in their responses tothe pertinent test questions.TheCitywillnot order or require anyemployeetosubmittoa polygraph examination orPSE test M.TheCity agrees thatno adverse action willbe taken against any employee who exercisestherightsprovidedforinthisArticle. N.An employee whois criroinally charged in any jurisdiction witha felony ora seriousmisdemeanorincludedbutnotlimitedto,DUI,lewdandlascivious conduct,indecentexposureorperjurymay,uponreview of thecircumstances bytheChief of Police,be relieved of dutywithoutpayorbenefits.If exonerated,employeeshallbecompensatedforbackpayandbenefits retroactivetothedatetheemployeewasrelievedfromduty.Any employee placedonleavewithoutpayshallremainonthe City's EmployeeCensusbut shallbe responsible forthefullcost of health insurance premiums,duringthe relief fromdutyperiod. O.Uponconclusion of an internal reviewinvestigation,employees,designated as subjects,shallbegivenawrittendisposition of saidinvestigation. P.Not sustainedor unfounded letters of complaint from citizens will notbe inserted intoan officer's official personnelrecord. Q.The Charge of"conduct unbecoming"andall similarly vague charges will not beused by theCityunlessfurthersubstantiated by specific charges. R.Shoulddisciplinaryactionresultfromaninternal investigation,an employee may,attheoption of the Chief of Police,be allowed to use vacation time to satisfyasuspension which isforfive(5)daysorless. S.TheCityshallmake every efforttoinvestigate,determineandcomplete Administrative Investigations(i.e.personnel complaints regardingrudeness) within 180 days ofthe complaint beingfiled.Failureto investigate,determine andcompletesuchinvestigations within theabove time limits shallprevent theCityfromtakingdisciplinaryactionagainstthebargainingunitemployee against whom thecomplaintismade.Any continuancesrequested by the PBA orthe employee shall extend the time limit accordingly. ARTICLES SHIFTS 1.Seniority shallconsist of continuousaccumulatedpaidservice by classification with the City.Seniorityshallbe computed fromthedate of appointment tothe classificationandshall accumulate duringpaid absences because of illness,injury, vacation,militaryorother authorized compensated leave.Intheevent bargaining unit employees havethesamesenioritybyclassification,seniorityshall men be determinedinthefollowing descending order:Date of Hireby Department/Date of Hire by City/Draw Lots. 2.Non-probationary patrol officersand sergeants shallbid (semi-annually)fortheir choice of shift assignments anddaysoff.Days off are notbiduntilshift assignments are set,includingthe Chiefs mandatory assignments if any.The determining factor insaidbid process shall beeach employee's seniority asdefinedin paragraph #1 above.In order tomeet department operational needs,the Chief may,athis discretion,makenomore than two specific assignments to each shift (during the semi-annual bid process)beginning withthe first shift change of 1999,in order to assure proper allocation of personnel resources.The Chiefs assignment of two officersiswithout regard to seniority and appealable onlytotheCity Manager. 3.Asenioritylistbyshiftandworkassignmentshallbeestablishedandshallbeutilized whenthe department calls in for orholdsover personnel,exceptin emergency or unusual situations. 4.Vacanciesin specialized units shall be filled by permanent employeesinall cases unlessno permanent employee can demonstrate the experience or potential to properly function insuch assignment.Shouldno permanent employee demonstrate saidcapacity,probationary employeesmaybe considered.Assignment determinationsshallbemadebythe Chief of Policebasedonthe recommendations of aselectionpanelappointedbythe Chief andsuchassignmentdeterminationsarenot grievable. 5.Inthe event ofa layoff forany reason,employeesshallbelaid offintheinverseorder of their seniority intheirclassification.Any employee tobelaid off who has advancedtotheirpresentclassificationfromalowerclassificationin which hehelda permanentappointment,shallbegivenapositioninalowerclassificationinthesame Department Theirseniorityinthelowerclassificationshallbeestablishedaccording tothedate of theirpermanentappointmenttotheclassification.Employees shallbe called back from layoffs accordingtotheseniorityinthe classification from which the employee waslaid off.No new employee shallbehiredinanyclassification untilall employees on lay-off statusinthatclassificationhavehadan opportunity to returnto work (for which he/sheisqualified).Written notice of recallshallbesent by certified mail tothe employee's last known address,aslongas the employee is still qualified tobeanofficer.Recalled employees shall notify the Employer if they desiretoreturnto work within ten(10)days of receipt of recall notice,and must returnto work within twenty-one (21)daysfromreceipt of recall notice.An employee will be kept onthecallbacklistfor two (2)years. 6.Uponapplicationtothe Chief of Police,employees may exchange shifts,provided that: a)The shift exchange is between employees oflike rankand experience. b)The shift exchange isrequestedinwritingatleastfive(5)days in advance by both employees involved intheexchange. 7.When a vacancy occursonapatrol shift,theentireshiftshallre-biddays off nolater than two weeks afterthevacancyhasbeenfilled.Thisprovisionshall apply only to theshifton which thevacancyoccursandnottoanyothershifts.There-bidding provisions alsodo not apply shouldthe Chief of Policeapprovean exchange of shifts asprovidedforinSection5 of thisArticleandshallnotapply if the vacancy isfilled within one(1)month ofthe next shift/days off picked. 8.The Chief retainstherighttotransferemployeesfromshifttoshiftto meet arising operational needs.After atransfer between shifts,days off will be re-bid if the new assigneeis junior toothersonthat shift Shift transfersareappealable via thechain of command tothe Chief of Police.Denial of ashifttransferappealshallbegivenin writing with thespecific departmental needsidentified.Bargaining unit employees may exerciseanappealtotheCity Manager withinfivedays,inwriting,identifying their concerns. 9.The City Manager will review the emp!oyees(s)concern(s)and will rendera final decision which is not grievable.Theirsectionshall not exclude or hinder a bargaining unit employee from utilizing Section6,A,B,ofthisarticle. 10.Effective October 1st,2005,the Department shall notmodify,alter,adjust or otherwise change an employee's shiftinordertoavoid the payment of overtime for thepurpose of staffing thefollowingpre-planned City specialevents: •Santa's Elves Parade ®Fourth of July •Martin Luther King Parade 9 Sunday's on Sunset ©Safe Streets Halloween ARTICLE 9 VEHICLES AND SAFETY EQUIPMENT 1.The City willmakea good-faith effort to maintain police vehicles and safety equipment in proper working order.Police vehicles operated bythe City shall comply withthe standards and requirements of applicable State Statutes governing motor vehicle safety equipment.Employees willas soon as possible report any broken and/or malfunctioning equipment totheir supervisor.Employees shall keep thevehiclescleanedandfueled.Itistheresponsibility of officers with assigned Take-Home Vehiclesto promptly deliver theirvehicletotheMotor Pool when repairs arenecessaryfor scheduled preventativemaintenance. 2.TheCityshall,insofaras possible,equipitsmarked patrol vehicleswiththe appropriate lightbar (including take-down and alley lights),siren,two-way mobile radio,first-aid kit,emergencyroad flares,yellow crimescenetapeandfire extinguishers. 3.TheCityshallfurnishriothelmets,riotshields (if applicable)and gas masks individually toall uniformed officersandsergeants. 4.Employees agree tobeboundbyand abide bytheTakeHomeAssignedVehicle Policydated2/29/00.TheCityshallprovidethe Association with two (2)weeks advance notice of any modifications totheaforesaid Take-Home Vehicle Policy. ARTICLE 10 PROMOTIONS 1.Whenever a budgeted promotionalvacancy exists in a police sergeantclassification, theCityshallfillsuch vacancy within thirty(30)daysfroman existing eligibility list, if a valid eligibility list is in existence.A promotional eligibility list will expire two yearsfrom the date ofthe examination which ledtoits creation. 2.Promotional examinations shall be validated in accordance with validation standards and techniques as established by the Chief of Police.Criteriatobe used by the Chief of Policefor promotions shallbepromulgatedanddistributedtothebargaining unit at least forty-five (45)dayspriortoanyexamination. 3.The City will list the areas which the examinations will cover and the sourcesfrom which the examination is drawn. 4.Theprobationary period of employees promoted tosergeantshallbe one (1)year. Such employees shall have norightto utilize the procedures of the Personnel Board, norhaveany other right ofreview orappeal,concerning demotion. 5.Employees shallbe eligible totakea promotional examination after three continuous years of service asa police officer intheSouthMiami Police Department 6.TheChief of Police willhave authority to promote any of the three top ranked candidateson the eligibility list. ARTICLE 11 TRAINING 1.Employees who are required to attend off-duty weapons training willbe compensated at the rate of time and one-half theirregularstraight-timerate.However,an employee whohasnot actually worked a forty (40)hour workweek willbe compensated for their attendance at off-duty weapons training at their regular straight-time rate. 2.TheCitywill provide each employee acopy of training bulletins.Additionally,the Citywill promptly postina prominent place,City training bulletins aswellas approved training advertisements. 3.TheCity agrees topay for any course atthe Southeast Florida Institute of Criminal Justice O0^^at Miami-Dade NorthCommunity College)whichemployeesare required to attend.TheCity agrees to provide at least forty (40)hours of training every four years tomeet Florida statutory certification requirements.TheCitymay provide additional training inits discretion. 4.Employees whoare required bytheCityto attend off-duty training shall be compensated atthe rate of time and one-half of regular straight-time rates.TheCity shallhavetherightto change oralterworkschedulesinordertoavoidovertime when scheduling training.Insofar as possible,theCity shall give forty-eight (48)hours noticetoemployees of suchoff-duty training.However,individual employees may waive such notice. 5.TheCityshallattemptto provide weapons training forallemployees,butinnoevent willsuch training belessthanonce annually.Their training isin addition tothe training provided under paragraph 11.3.Upon qualification anda demonstration of proficiency,employees shall be permitted to carry,onduty,semiautomatic weapons whichhavebeenapprovedbytheDepartmentandin accordance withArticle30.The department willmakeevery reasonable effortto facilitate theemployee attending the firearm rangeduringtheirnormalworkinghours.Inthe event thedepartmentis unabletoscheduletheemployeetoattendthefiringrangeduringtheirnormal workinghours,theemployeemaybe required to attend the firing range during their off-dutyhours;provided,however,thatthe actual timespentbytheemployeein acquiring such training during theiroff-dutyhours shall be compensated in accordance with thehoursand overtime provisionscontained herein.The City agrees toprovideammunitionfor firearms training. 6.Insofar as possible,theCity agrees to continue its present training programs forthe duration ofthis Agreement ARTICLE 12 GRIEVANCE AND ARBITRATION PROCEDURE 1.Inamutualefforttoprovidea harmonious working relationship betweentheparties tothisAgreement,it is agreed and understood that there shall bea procedure forthe resolution of grievances betweenthe parties.Forthepurpose of theirArticle,a grievance isdefined as,andlimitedto,any dispute,difference or controversy involving the interpretation andapplication ofthis Agreement 2.Every effortwillbe made bythe parties to settle any grievance as expeditiously as possible.Shouldthe grieving party fail to observe thetimelimitsassetoutinthe steps of theirArticle,their grievance shall be considered conclusively abandoned. 10 Any grievance not answered bymanagementwithinthe prescribed timelimits shall automaticallyadvancetothenexthigherstep. 3.Grievancesshallbepresentedinthefollowing manner: STEP1:Tne employeeshallfirsttakeuptheirgrievance with theDivision Commanderwithinseven(7)calendardays of theoccurrence of theevent(s) which gaverisetothegrievance,or within seven (7)calendardaysafterthe employee's return toworkfromauthorizedleave,asthecasemaybe.Their first step(betweentheemployeeandtheirimmediatesupervisor)shallbeonan informal andoralbasisandshall not involve the Association oranyother representative ofthe employee; STEP 2:Any grievance which cannotbe satisfactorily settled with the Division Commander shallbereducedto writing by the employee andshall next be taken tothesupervisorabovethe Division Commander.Suchgrievanceshall bepresentedtotheirsupervisorin writing within seven (7)calendardays of the deadlinedatefor completion of Step 1.The supervisor shall,within ten (10) calendardaysafterpresentation of the grievance (orsuchlonger period of time as is mutually agreedupon),rendertheir decision onthegrievanceinwriting; STEP 3:Any grievance which cannotbe satisfactorily settled with the previous supervisorshall next be taken up with the Chief of Police,ortheir designee,eitherthrougharepresentative of the Association andthe employee,or by the employee himself at the employee's option.The grievance as specified in writing inStep2shallbediscussed by and between the employee (orthe representative of the Association and the employee)andthe Chief of Police,or theirdesignee,withinseven(7)calendar daysafterthecompletion of Step 2:The Chief of Police,ortheirdesignee,shallwithinten(10)calendardaysaftertheir discussion(orsuchlongerperiod oftimeasismutually agreed upon),rendertheir decision inwriting,with a copy tothe Association; STEP4:Intheeventtheemployeeisnot satisfied withthe disposition of thegrievanceinStep3,heshallhavetherighttoappealthe Chief of Police's decision totheCity Manager ortheir designee withinseven(7)calendar days of thedate of issuance of the Chief of Police's decision.Such appeal mustbe accompanied bythe filing of acopy of the original written grievance together witha letter signed bythe employee,or,atthe employee's option,the representative oftheAssociation,requestingthatthe Chief of Police's decision be reversed or modified.TheCity Manager shall,withinten (10)working days of the appeal (orsome longer period oftimeasismutually agreed upon)render their decisioninwriting with acopytothe Association. 4.Where a grievance is general in nature in that it applies toa number of employees rather thanasingleemployee,or if the grievance isdirectlybetweentheAssociation and the Department orthe City,such grievance shall be presented in writing directly totheChief of Police within ten (10)calendar days ofthe occurrence of the event(s) which gave rise tothe grievance.The grievance shall be signed bythe aggrieved employeesorthe president orthe representative of the Association.Thereafter,the grievance shall be processed in accordance withthe procedures set forth in Step 3 and Step 4. 11 5.Wherea grievance involves discharge,suspension ordemotioninvokedbytheCity, such grievance shallbefiledatStep4withinten (10)calendar daysfromthedatethe employeereceivesthe discipline notice.Coaching,CounselingandWritten Reprimands shall befiledatthe appropriate initiation level,however,Coaching and Counselingshall only begrieveablethroughStep3 of theGrievance Procedure.The probationary period ofnewly hiredemployeesshallbeone(1)year. 6.Inthe event agrievanceprocessed through thegrievanceprocedurehasnotbeen resolvedatStep4above,either party mayrequestthatthegrievancebesubmittedto arbitration withinfifteen (15)calendar days after theCity Manager,ortheir designee, renders awrittendecisiononthe grievance.The arbitrator maybeany impartial person mutually agreedupon by andbetweentheparties.However,in the event the parties are unableto agree upon said impartial arbitrator,the parties shall jointly request theAmerican Arbitration Association to furnish a panel of five (5)names from whicheach party shall havethe option of striking two(2)names in alternating fashion,thusleavingthe fifth,whichwillgivea neutral or impartial arbitrator.The party requesting arbitration will strike the first name. 7.TheCityandemployee(orthe Association)shall mutually agree in writing astothe statement of the grievance tobe arbitrated prior tothe arbitration hearing,andthe arbitrator,thereafter,shall confine their decision tothe particular grievance thus specified.Intheeventthe parties fail to agree onthe statement ofthe grievance tobe submitted tothearbitrator,the arbitrator will confine their consideration and determination tothe written statement of the grievance presented inStep2 of the grievance procedure.The arbitrator shall haveno authority to change,amend,addto, subtract from,or otherwise alter or supplement thisAgreementorany part thereofor amendment thereto.The arbitrator shall have no authority to consider or rule upon anymatterwhichisstatedinthisAgreementnottobesubjectto arbitration orwhich isnota grievance as defined inthis Agreement;nor shall their collective bargaining agreementbeconstruedbythe arbitrator to supercede applicablelawsinexistenceat thetime of signing of this Agreement,except totheextentas specifically provided herein. 8.Eachparty shall beartheexpense of itsown witnesses and of itsown representatives forpurposes of the arbitration hearing.Theimpartial arbitrator's feeandrelated expensesandexpenses of obtaining a hearing room,if any,shall beequallydivided betweenthe parties.Any party desiring a transcript ofthe hearing shall bearthecost of such transcript unlessboth parties mutually agree tosharethesaid cost 9.The parties shall make their choice of the impartial arbitrator withinseven(7) calendardaysafterreceipt of thepanelfromtheFederalMediationandConciliation Service.Copies of the arbitrator's award madein accordance withthe jurisdiction and authority under this Agreement shall be furnished toboth parties withinthirty (30)days of theclose of the arbitration hearing.Thearbitrator'sawardshallbefinal andbindingonthe parties.Either party may reject uptotwo(2)arbitration panels in any given case. 12 ARTICLE 13 HOLIDAYS 1.The below-listed paid holidays shall be granted under the following conditions: 1)January 1 NewYear'sDay 2)3rd Monday of January Martin Luther King's Birthday 3)3rd Monday of February President's Day 4)4th Monday of May Memorial Day 5)July4 Independence Day 6)1st Monday of September Labor Day 7)November 11 Veteran'sDay 8)LastThursdayinNovemberThanksgivingDay 9)Fridayafter Thanksgiving 10)lA dayDecember24 ChristmasEve 11)December 25 ChristmasDay 12)Birthday After 1year continuous service 13)1FloatingHoliday Afterl year continuous service 2.Where observance of theseholidays may interfere with the work schedule,such observance onalternatedate may bemadeatthedepartment head's discretion,with theapproval of the City Manager.Insuch circumstances,an employee shall receive, atthe employee's option,anadditional day's payattheir straight-time rate of pay,or compensatory time attheirstraight-timerate ofpay. 3.When a holiday fallsontheregularlyassignedday off foran employee,such employee shall receive,atthe employee's option,an additional day's pay at their straight-time rate ofpay,orcompensatory time attheirstraight-timerate of pay. 4.When a holiday fallsona Sunday,the following Monday shall be observed and when itfalls on a Saturday,the preceding Fridayshallbe observed. ARTICLE 14 SICK LEAVE 1.Sick leave shall be grantedto employees for absence because of: (a)Personal illness orphysical disability resultingin the incapacity of the employee toperformtheregularduties oftheir position and not arisingfroma service-connected injuryor accident (b)Medical,dentalor optical treatments and examinations. (c)Personalillnessorphysicaldisabilityresultingintheincapacity of the employee toperformtheusualduties of theirpositionandarisingfroma service-connectedinjuryor accident,butonlyafterallavailabledisability benefits offeredunder Workmen's Compensationareexhausted,provided furtherthatuse of sickleaveinthismannershallbeatthe employee's request andis not mandatory. (d)Illnessorinjurytoa member of abargainingunit member's immediate family thatrequiresthe employee tocareforthat immediate family member. 2.Employees shallbecreditedwithone(1)day of sickleaveattheend of each month during the year. 13 3.Sick leavemaybetakenonlytotheextentthatitis accrued.Noadvance sick leave shallbe granted exceptinanemergencyandupon approval oftheCity Manager. 4.Currentemployeeswillbeeligibletoreceivethesickleavepayout,withtheexisting cap of 600 hours,for theterm of thisAgreement Employees who are hiredonor afterOctober 1,1995,will notbeeligibletoreceiveanysickleavepayout. 5.Effective October1,1995,employeeswillbeallowedto accrue sickleavein excess ofthe600hourscap.Nevertheless,thesickleavepayoutwillbegoverned by Section 4 ofthis Article. 6.All currentemployees,as of October1,1995,willretaincurrentpayoutprovision upontermination of employment,andwillhavenocaponsickleave accrual.All employees hiredafterOctober1,1995,shallreceivenosickleavepayoutupon termination,butwillhavea "no-cap"maximum onsickleave accrual.All employees who have attaineda sick leavebalance of a minimum of 36days(288 hours)shall be eligibleontheirfirstanniversarydatefollowingthataccumulationtoconvertupto32 hours of their annual unused sick leave balance in excess of 288 hours to vacation leave.An employee who usesinexcess of 32hours of sickleaveduringaone-year periodwillnotbeeligibleforthis benefit The catastrophic illnessbankwillbe abolishedand accrued hourswillbe returned toemployeeswhohaveaccruedthis leave. 7.An employeewhoseservice with theCityisterminatedandwhohastakensickleave thatisunearnedatthedate of termination,shall reimburse the City forallsalarypaid in connection with such unearned leave,except incases where the employment is terminated by thedeath of an employee,orincaseswhereand employee isunableto returntodutybecause of theirdisability,the evidence ofwhich shallbesupported by anacceptable medical certificate. 8.Inallcases of absence on sick leave in excess of three(3)work days andin cases of absence on sick leaveforanyperiodlessthanthree(3)work days when thePersonnel DepartmentorDepartmentHeadshallso direct,thewrittenrequestfor sick leave shallbeaccompanied by acertificatesigned by the physician orother licensed medical practitioner treatingtheemployee,certifyingastotheincapacity of the employee duringsuchperiodtoperformtheusualduties of their position.Such directives shallbe valid and in forceforaperiod not to exceed four(4)months.The PersonnelDepartmentor Chief may issueadditionaldirectives not to exceed four(4) months in duration,in their discretion.The issuance of allsuch directives may be appealed totheCity Manager.Failure to furnish suchamedicalcertificatefor absences in excess of three(3)workdays,orforanyabsence when sodirected by the DepartmentHeadorPersonnelDepartment,shallresultintheabsencebeingcharged to the vacation leave ofthe employee. 9.EmployeehiredpriortoOctober1,1995,whovoluntarily terminate employment from the City,shall receive payment for leave deposited inthe sick leave bank in accordance with following schedule: After 5years of continuous service 25% After 10years of continuous service50% After 15 years of continuous service 75% After 20years of continuous service 100% 14 10.The parties agree that theCity may take any steps it deems appropriate to strictly administer andenforcetheCitysickleavepolicyinsuchamannerasto eliminate abuse ofsick leave privilege. 11.Intheeventanemployeeiskilledintheline of duty,oradeath by natural causes, theirheirsshallreceiveone-hundredpercent(100%)of theiraccumulatedsickleave time. 12.Any sickleave donated tootherCity employees shall notbecounted against the donating employeeinterms ofuseor rollover of sicktimetovacationtime. 13.Itisfurtherunderstoodandagreedthatallissuespertainingto Sick LeaveUsage shall be governed byCity of SouthMiamiSickLeavePolicyimplementedon March 1, 2004. ARTICLE 15 FUNERAL LEAVE 1.Employeescovered by thisAgreementshallbeentitledtofuneralleavewithpay uptoa maximum of four(4)workdaysintheevent of adeathintheemployee's family.Two(2)additionaldays of leavemaybegranted if travelinexcess of 250 miles one way is necessary. 2.The immediate family shallbe 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 deathinthe immediate familyintheform of deathcertificateorpublic obituary must be provided tothe City Manageror their designee before compensation isapproved. 4.Funeral leave shall not be chargedto sick leaveorannual leave. 5.Shouldan employee requiremore funeral leaveabovetheallotted time,may requestuptoadditional time notto exceed ten(10)days.Such requests must be submittedatleastfive(5)dayspriortothestart ofthe requested leaveandbepre- approved by the Chief of Police.Moreover,the employee requestingsuchleave musthaveatleastten(10)daysineithertheirsick,vacationorcompensatory leave banks. ARTICLE 16 LEAVE OF ABSENCE 1."No Pay"leave may begranted by theCity Manager foraperiodnottoexceedsix(6) calendar monthstoenablethe emploj'ee toreceive professional ortechnical training which will improve their work upon theirreturnto service,or because of the employee'sextendedillnessor non-job-related disability.Maternityleaveshallbe treated thesameasanyotherextendedillnessornon-job-relateddisability."NoPay" leave may begranted by theCityManagertoanemployeeforaperiodnotto exceed one(1)calendar month foranyotherpurpose. 2."No Pay"leave granted toanyemployeeshallnottobechargedagainstvacation leave,butentrythereofshallbemadeupontheleave records of suchemployee. 3.Any employeegrantedleavewithoutpayforsix(6)months or more shallbeentitled tobeplaced by theCity only if ajobpositionis available,it being clearlyunderstood that ifthejobpositionlastheldhasbeen filled or eliminated,theCitywillmakeevery effortto place theemployeein another job position for which said employee qualifies.If placedin another job position,said employeeshallbeentitledonlytothe wage scale forsuchnew position.If nojob position is available,theCitywillgive 15 prioritytosaid employee assoonasanewjobpositionforwhichthe employee qualifies,isavailable. ARTICLE 17 VACATION LEAVE 1.The term "Vacation Leave"shallbeusedtodesignateleave with paygrantedtoan employee on the following proratedbasis: Years ofUninterruptedService Amount ofVacation 1)1to5years inclusive 2-2/5 weeks or12 working days* 2)6to14years inclusive 3 weeks or15 working days 3)15 to 19 years inclusive 3-3/5 weeks or 18 working days 4)20yearsandover 4-1/5 weeks or21workingdays (a)Vacation shallrequireapproval ofthe Chief of Policeortheirdesignee,andat no time shallan employee beallowedtouse more vacationleavethanhas been accumulated. (b)Earnedvacation time isprincipallyintendedfor use duringtheyearin which itis earned.Underexceptionalcircumstancesand upon written request within the yearin which the vacationtimeis earned,such time may beused up to30 dayspast the employee's anniversarydate with the written approval of the City Manager. (c)Vacation leave may betakentothe extent thatitisearned by the employee, subject tothepriorapproval of the Chief of Police,upon written application by the employee inadvance,andatthe convenience oftheCity. (d)Any earnedandcreditedvacationleavetothecredit of an employee when terminating employment withthe City will bepaidproratedatthe employee's current rate of pay with thelast paycheck received. 2.An employee may request their vacationpay checks in advance of scheduled vacation pay by submitting a written requesttothe City's PayrollDepartmentatleast two (2) weeks priortostartingtheir vacation. 3.Employees will be permitted tosplittheir vacation datesatthe discretion ofthePolice Chie£ ARTICLE 18 EXTRA-DUTY POLICE EMPLOYMENT 1.Police Officers authorized by the Chief of Policetoperformextra-dutypolice employment shallchargethevendoraminimum of $30.00perhour. 2.Any employee who may beinjuredwhileactinginthescope of such employment shallbeentitledtothesamerights,privileges,benefitsandworkers'compensationas if on duty provided thatsuchextra-duty employment isauthorized by the Chief of Police. 16 3.The parties agree to the formation ofa 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 bythePBA),staffand management ofthepolicedepartment. ARTICLE 19 INSURANCE BENEFITS The City agrees to pay for HMO health insurance for all employees covered bythis agreement Employees wanting the optional POS or PPO health insurance will pay the difference betweenthetwo plans.TheCitywill also continue the current levels of coverage for dental,life and disability insurance.The employee agrees to pay for 100 % of dependent coverage forhealthand dental insurance. ARTICLE 29 HOURS OF WORK AND OVERTIME 1.Forty (40)hours shall constitute a normal workweekforanemployee covered by this Agreement Nothing herein shall guarantee anyemployeepayment for a forty (40) hour workweek unlesstheemployee actually worksforty(40)hoursortheir actual hours workedandtheirauthorizedcompensatedleavetotalsforty(40)hoursor,exceptas provided in paragraph 3below,andeight(8)hour day,shall be compensated atthe rate of timeand one-half of the employee's regularstraight-time rate.All availableovertime shallbe offered tobargainingunitemployeesinorder of senioritybarrmgthe existence of emergencyorexigent circumstance thatwouldnotallowa reasonable amount of timeto contact employees onasenioritybasis. 2.Employeesexceedingthenumber of unexcusedsickleavedays,in accordance with Article14,section12 of this agreement,asdeterminedbytheDepartmentalPolicy, shall not beabletouse sick leaveto comprose hours worked for overtime purposes for the remainder ofthe calendaryear. 3.If an employee coveredbythis Agreement iscalledoutto work ata time outsidetheir normal working hours,heshallreceivea minimum of three(3)hours'payattherate of time and one-half their regular-straight time.However,an employee who has not worked aforty(40)hour workweek oran eight (8)hourdayshallbe compensated for thecall out at their regular straight-time rate. 4.Employees who arerequiredtomake off-duty courtappearanceasasubpoenaed witness in the federalorstatecourtsorasa deponent in pending criminal,civil or traffic cases involving orarisingout of thedischarge of the employee's duties in the course of their employment with the City will receive a minimum of three(3)hours payat the rate of time and one-half theirregularstraight-timerate.However,an employee who has not workedaforty(40)hour workweek oraneight(8)hourday shallbe compensated forthe off-duty appearanceat their regular straight-time rate. Employees shallbeallowedtoretain witness andtravelfees received forcourtand deposition appearances. 5.Insofar as possible,employees covered by this Agreement shallbe given forty-eight (48)hours notice of any changesin their regular hours of work.Further,insofar as possible,the Department will avoid scheduling an employee to work on continuous shifts.Should an employee bescheduledto work continuous shifts,theirdays off 17 may be adjusted within the same pay period by the Department Employees shall be giventwo(2)weeksnotice ofnormal shift change. 6.No supervisor or official shall take action to cause the non-payment of overtime in circumstances wherein an employee covered bythis Agreement has performed work, which entitles himto payment of overtime:provided that nothing herein shall restrict the City or the Department from altering work schedules or taking any other action to reducethenumber of overtime,courttime,or call-out hoursworkedbytheemployee 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 bea condition precedent to obtaining compensation for an off- dutycourt appearance under Paragraph 4 above. 8.Compensatory time shall be administered in accordance with the following guidelines: (a)Compensatory leave maybe accrued toa maximum of two hundred (200) hours.Current employees,on October 1,1995,who have an accrual inexcess ofthe current capwillbe "grandfathered"to allow themto retain their accrued balance.However,suchemployees shall notbe eligible for accrual of any additional compensatory leave until their balance falls belowthe200hour cap. (b)Compensatory leave maybe taken in unlimited blocks of time,provided operational needshave been met,as determined bytheChief of Police.Inthe event of disapproval,the written response shall contain a specific explanation oftheoperationalneedsthatcannotbe met (c)Compensatory leave shall be requested in writing at least one(1)week prior totheeffectivedate of requested leave,unlessthereisanemergencyorthe one (1)weektime frame is agreed to and waived bytheChief of Police oris designee.Approval or disapproval shall be made in writing within3 business days afterthe request is submitted.Under exceptional circumstances as approved bytheChief of Police,thetimelimits for request of compensatory leave may be waived. (d)Once approved,compensatory leave willnotbe canceled bythe Employer unlessanemergency situation as determined bytheChief of Policeexists. ARTICLE 21 MANAGEMENT RIGHTS 1.The Association anditsmembers recognize thattheCityhastheexclusiverightto manage and direct all of its operations.Accordingly,theCity specifically,butnotby way of limitation,reserves the exclusive right to: A.Decide thescope of servicetobe performed andthemethod of service; B.Hire and/orotherwisedeterminethe qualifications of employeesandthe criteriaandstandardsfor employment; C.Fire,demote,suspendor otherwise discipline employeesfor proper cause; D.Promoteanddeterminethequalifications of employees; E.Lay offand/or relieve employees from dutyduetolack ofwork; F.Transfer employeesfrom location to location and from timetotime; 18 G.Rehire employees; H.Determine the starting and quitting time and the numbers of hours and shifts tobe worked subjecttoArticle20; I.Determine theallocationandcontent ofjobclassifications; J.Formulateand/oramendjob 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 anyexistingor future work; M.Expand,reduce,alter,combine,assign,or cease any job; N.Determinewhetherandtowhatextenttheworkrequiredinits operation shall be performed by employees covered bythis Agreement; O.Controltheuse ofequipmentand property ofthe City; P.Determine the number,location,andoperation of headquarters,annexes, substations and divisions thereof; Q.Schedule and assign theworktothe employees and to determine thesize and composition ofthework force; R.Determinetheservicestobe provided tothepublicandthe maintenance procedures,materials,facilities,and equipment tobe used,and to introduce neworimproved services,maintenance procedures,materials,facilities and equipment; S.Takewhateveractionmaybenecessarytocarryoutthe mission and responsibilities oftheCityinemergency situations; T.Formulate,amend,reviseand implement policy,programs,rulesand regulations; U.Have complete authoritytoexercisethoserightsandpowersthatare incidentaltotherightsandpowersenumeratedabove,includingtherightto make unilateral changes. 2.Theaboverights of theCityarenotallinclusivebutindicatethe type of mattersor rightswhichbelongtoandareinherentintheCityastheemployer.Any of the rights,powers,andauthoritytheCityhadpriortoenteringtheircollective bargaining agreement areretainedbytheCity,exceptasspecifically abridged,delegated,granted or modified by this Agreement 3.If the City failsto exercise anyoneormore of theabovefunctionsfrom time to time, this will not be deemed a waiver of the City's rightto exercise anyorall of such functions. ARTICLE 22 WORK STOPPAGES 1.The Association agrees that,undernocircumstances,shalltherebeany work stoppage,strike,sympathystrike,safetystrike,jurisdictionaldispute,walkout,sit- down stay-in,sick-out oranyotherconcertedfailureorrefusalto perform assigned work foranyreason whatsoever,or picketing inthefurtherance of any of theabove- prohibited activities,nor shallanybargaining unit personnel refuse tocrossany picket lineatany location,whetherthepicketingisbeingdone by the Association or any other employee organization orunion. 19 2.The Association agrees thattheCity shall retain the right to discharge or otherwise discipline someor all of the employees participating inor promoting any of the activities enumerated in paragraph 1 above,andthe exercise of suchrights by the Citywillnotbe subject to recourse under the grievance/arbitration process. 3.Itis recognized bythe parties thatthe activities enumerated in paragraphs 1and2 above,are contrary tothe ideals of professionalism andtotheCity'scommunity responsibility.Accordingly,itis understood and agreed thatintheevent of any violation of theirArticle,theCityshallbeentitledtoseekandobtainlegaland/or equitable reliefinanycourt ofcompetent jurisdiction. 4.For the purpose of this Article,itis agreed that the Association shall be responsible for anyactcommittedbyits officers,agent,and/or representatives whichact constitutesaviolation of statelawortheprovisionherein.Inadditiontoallother rights and remedies available totheCity under state law,intheevent of a breach of the provisions herein,theCity shall havethe right to unilaterally andwithout further noticeterminatetheircollective bargaining agreement,withdrawrecognitionfromthe Association,and ceaseduesdeductions. ARTICLE 23 AWARDS 1.TheCitywill endeavor to provide a formal system of awards for various degrees of outstandingservice.EmployeesselectedasOfficer oftheMonthorSupervisor ofthe Month shallreceive official awards which aretobeposted conspicuously inthe PoliceStationandCity Hall.Additionally,formal recognition of employee's exceptionalserviceshallbe placed in personnel files. ARTICLED MIfJTARY LEAVE 1.Any employeecoveredbythisAgreementwho presents official orders requiring their attendanceforaperiod of training orotheractivedutyasamember of theUnited States Armed Forces or the State of Florida National Guard shall be entitled to military leavepursuanttoChapter 115.07,Florida Statutes. ARTICLE 25 AUTHORIZED USE OF PRIVATE AUTOMOBILE 1.Any employee authorized tousetheir private automobile inthe performance of their Citydutieswillbe compensated atthe mileage rate prescribed by Florida Statutes. Suchmileageshallbecomputedbasedonthe distance betweenthe employee's regular dutystationandthe place of assignment ortheemployee'residenceandthe place of assignment,whichever is shorter.Mileage shall notbe paid for commuting toandfromthe regular dutystationorforcourt appearances or case-related conferences. ARTICLE 26 BULLETIN BOARDS 1.TheCityshallpermittheAssociationtopostnotices of an informational natureand names andaddresses of officers,directors,andrepresentatives of the Employee Organization ona5'x4'bulletin board inthe squad roomatthepolice station.A copy of eachnoticetobe posted shall be transmitted totheChief of Police ortheir designee prior to posting.Under no circumstances shall theAssociationtender for postinganynotice training material tending to,directly or indirectly,disparage any 20 elected or appointed official or employee of the City.An officer of the Association shall signeachnoticetobe posted. ARTICLE 27 SEVERABILITY CLAUSE 1.Should any provision of this Agreement or any part thereof,be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation, or by any decree ofa 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 ofthis Agreement ARTICLE 2S COMPENSATION All bargaining unit members shall receive a one percent (1%)across the board wage increase effective and retroactive to October 1,2004. All bargaining unit members shall receive atwo percent (2 %)across the board wage increase effective October 1,2005. All bargaining unit members shall receive a three percent (3%)across the board the wage increase effective and retroactive to October 1,2006. Special Risk Pay shall remain at $40.00 perpay period for term ofthiscontract 1.Bargaining unit employees who serve as Field Training officers pursuant tothe criteria below willreceivea7%supplementduringthetimethatthe 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 toand actually perform FTO duties.Thus,employees will receive FTOpayonly during thosedaysinwhichtheemployeeisatwork,isassignedtoFTOdutiesandperforms FTOduties.The7%FTOsupplementwillbeaddedtothe employee's basepayfor thedaysduringwhichtheemployeereceivessuch supplement 2.Bargaining unitemployees covered bythisAgreementwho are temporarily assigned toahigherrank shall receivethe wages of their acting rankforeach full dayworked inthe higher rank, 3.Longevitypay shall be calculated basedonthehourlyrate of each bargaining unit employee. ARTICLE 39 PUmwmmON AGAINST RE-OPENING OF NEGOTIATIONS 1.Exceptasspecificallyprovided herein,neitherpartyheretoshallbepermittedtore openthis Agreement oranypart of thisAgreement.This Agreement containsthe entireagreement of thepartiesonallmattersrelativetowages,hours,working conditions,andallothermatters which havebeen,or could have been negotiated by and between thepartiespriortotheexecution ofthis Agreement. 21 ARTICLE 30 UNIFORMS AND EQUIPMENT 1.Employees covered bythis Agreement shall receive from theCityupon appointment, atnocosttothe employee,anew uniform,which shall consist ofthe following: (a)One(1)longsleeve shirt; (b)Five(5)shortsleeve shirts; (c)Five(5)pairs oftrousers; (d)One(1)hat; (e)Badge and name tag; (f)Leather goods and accessories to include:butnotbelimitedto:handcuffs and case,cartridge case,holsterandhandheld radio holderand (g)the appropriate quantity of shells; (h)One(1)jacketwithzip-out lining; (i)Two(2)pairs policelow quarter corfam shoes; (j)Raingear; (k)Uponemployee's request,two pairs ofuniform shorts shall be issued. Theaboveitemsshallbe replaced as needed,bytheCity,withina reasonable amount of timefromtheemployee'swrittenrequestSuch requests shallincludethe 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 willreceivea clothing allotment of $600 dollars annually.One-half(1/2)of saidallotmentwillbepaidon 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 saidday. 3.UniformedemployeescoveredunderthisAgreementwillreceiveaclothing allowance of $300dollarsannually.One-half (1/2)of said allotment willbepaidon 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 allowanceinadvancewhoterminatesemployment,exceptforretirement,willhavea prorated portion of that allowance deducted from the final paycheck.No final paycheckwillbegiventhe terminated employeeuntilallcity-owned property suchas uniformsandequipment,ID,etc.hasbeen returned totheCity. 4.Each employee shall be provided withabulletproofvest,asneeded,inthesole discretion of theCity.The wearing of thevestwillbeattheoption of employees, exceptinthe performance of specialized duties and/or as specifically directed bythe Department 5.Eachofficer(upon request)willbeissueda surgical glovesandaplasticpocket resuscitation mask foruseinadministeringfirst aid.Such items shallbereplacedas needed. 6.Employees maybe allowed to carry personally-owned shot-guns and ammunition whichconformto department standards oncethe employee isqualified for useinthat weaponoranidenticalweaponbyacertified range master. 7.All personnel who intend to carry personal semi-automatic weapons onduty are subject tothefollowingconditions: 22 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 bya department armorer. 4)Sworn personnel shall not modify authorized firearms. 5)Holster and ammunition clip holder shall be purchased (by employee)and approved bythe Chief of Police. 6)The officer shall complete a training course pertaining tothenew firearm. 7)Theofficer shall qualifywith firearm. 8)Firearms and magazines shall be carried with Department issue ammunition only. 9)The Department shall set forth the manufacturers and models approved for use. 8.Employees shall be issued PR-24 batons and shall receive appropriate training for use of such batons prior to issuance.Employees shall also be issued ASP'swith holsters andshallreceive appropriate training foruse of such ASP's priorto issuance. 9.Uniformed personnel shall be permitted to wear,as part of their uniform,a standard knife case,thefinish of whichmatchestheleatheraccessoriesissuedbytheCity. Theuniformed personnel shall not carry anyknifeontheirpersonotherthanthat which iscontainedinsaidcase(theblade of which shall not exceed threeinchesin length). ARTICLE 31 NON-PROMOTIONAL VACANCIES 1.TheCityagreestopost non-promotional vacancies within theDepartmentfora period of three(3)dayspriortothefilling of thevacancy.However,itisunderstood andagreedthatsuchpostingshallnotbeconstruedtorequiretheappointment of Departmentalpersonneltosuchvacancies.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,froman existing eligibility list,except whereArticle8,Section 3 of this Agreement providesfor mandatoryconsideration of seniority.Eligibility listsfor non-promotional vacancies shall expire afterathree(3)month periodafter which vacancies will bere-advertised and new interviews held. ARTICLE 32 PHYSICAL EXAMINATION AND WORKERS*COMPENSATION BENEFITS 1.Employees will receive an electrocardiogram,eye exam,and physical examination to includealcoholanddrugscreentestingatleastonceayear (12 months)performed by a physician selected by theCityor when requested by theCity.Scheduling of the above will beatthe discretion of theCity,andtheresults 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 ofthe examination report 2.In the event of an on-the-job injurytoan employee,not asa result of negligence by the employee,such employee willbecarriedatfullpayand benefits foraperiod not to exceed 180 calendar days. 23 3.Any employee injuredonthejobshallbepaidthefulleight(8)hourswageforthe day ofthe accident iftheirtreatingphysicianadvisesthathe should not returnto work that day. 4.Employees covered by thisagreement further agree that,intheinterest of public confidence,thereneedsto exist a management rightto submit employees at random and without notification fordrugandalcoholtesting.Saidtestsshallbein addition to theannual physical and may occurnotmorethanone time per employee eachyear. 5.Itisfurther understood andagreedthatall issues pertainingtoDrugand Alcohol Testing shallbegoverned by City of SouthMiamiDrugand Alcohol Policy and Work Rules implemented onMarch 1,2004. ARTICLE 33 RETIREMENT BENEFITS 1.Eachbargainingunit employee whoretiresonlength of serviceormedical disability shall receive aonegradepromotionandshall be issuedabadgeand identification card clearly marked "retired". 2.The following changesinretirement benefits are hereby agreedto: (a)Effective October1,1995,the benefit accrualrate (multiplier)shallbe increasedfrom 1.9 to 2.25%; (b)Effective October1,1996,thebenefitaccrualrate(multiplier)shallbe increased from 2.25%to 2.50%; (c)Effective October1,1997,the benefit accrualrate (multiplier)shallbe increased from 2.50%to 2.75%. (d)The multiplier factortobeappliedatthe time of retirement of eachbargaining unit employee shallbeappliedasfollows: I.Forallyears of service priorto October 1,1993,the multiplier shallbe1.6%.Forservicesrenderedduring fiscalyear1993-94(October1,1993through September 30,1994),themultipliershallbe1.8%.Forservices renderedduringOctober1,1994through September 29, 1995,themultipliershallbe1.9%. n.ForservicesrenderedfromOctober1,1995through September 30,1996,the multiplier shallbe 2.25%. IE.ForservicesrenderedfromOctober1,1996through September 29,1997,the multiplier shallbe2.50%. IV.Forservices rendered from September 30,1997 forward, the multiplier shallbe2.75%. 3.Bargaining unit employees shallbe100%vested in the retirement plan when completion of ten(10)yearscontinuousfull-timeserviceintheretirementplanis completed.Accordingly,effective October 1,1993,allbargainingunit employees in the retirement plan who have,as of October1,1993,between ten (10)and twenty (20)years ofcontinuous service will be 100%vested. 4.Effective October 1,2001,the employee contributiontotheretirementplan will be 7.5%.Should thetotal contribution beactuarially determined to exceed 15%,both the City and the employees will shareequallythe excess amountfe.g..should the total contribution be actuariallydeterminedtobe 17%,the City shallcontributeatotal of 8.5%and the employees shallcontributeatotal of 8.5%). 24 5.Effective October 1,2001,inaccordance with the new provisions of State Statute governing Chapter 185 Funds,thesum of $12,498.00 willbe paid from the Chapter 185 Police Retirement fundstothe South Miami Police Pension Planeachyear, regardless of the growth or diminution in future Chapter 185 funds in partial exchangeforthe25years of serviceandout benefit improvementtothepensionplan. 6.Theretirementplanismandatoryforall employees hiredafterOctober 1,1995. 7.Final averagecompensationshallmeantheparticipant'sannualcompensation,as determinedbytheemployer,actinginauniformandnondiscriminatorymanner averagedoverthelastthree(3)yearperiodendingontheparticipant'sretirement date,date of disability,date of termination of employment,ordate of termination of the plan,whichever isapplicable. 8.Thenormal retirement date(theearliestdateabargaining unit employee may retire withfullunreducedpensionbenefits)isthecompletion of 25years of credited serviceor attainment ofage60and completion of 10years ofcredited service. 9.Employees covered by this Agreement shallbe allowed toapplyfor permission to purchasecreditforactivedutyintheU.S.military service,uptoa maximum of four (4)yearsinthe South Miami Retirement System,pursuanttoprocedurestobe promulgated by the City inconsultation with the PBA. 10.Employees covered by this Agreement shallbe allowed toapplyfor permission to purchasecreditforimmediatepastCityserviceasa member ofthebargainingunitup toa maximum of five(5)yearsintheSouthMiami Retirement System pursuantto procedures tobe promulgated by the City in consultation with the PBA.The actuarial andtechnicallanguageistobe prepared by actuarial company,approvedbytheCity andthe PBA,andadopted by thePensionBoard.Any conditionorimpairment of health of any police officer caused by tuberculosis,hypertension,heartdisease,or hardening ofthearteries,resultingintotaldisabilityor death,shallbe presumed tobe accidentalandsufferedintheline of dutyunlessthecontrarybeshown by competent evidence. ARTICLE 34 EDUCATIONAL INCENTIVE 1.The City agreestobearthecost of tuition for specialized educationcoursestobetter equiptheofficersforthe performance of the particular joband/orpositioninwhich they are employed. 2.Every application for educational assistance shallbesubjecttothe approval of the Chief of Police andtheCity Manager.Such approval mustbe obtained atleastthirty (30)dayspriorto the beginning ofanycourse. 3.If anyapplicationis approved,guidelinesfor reimbursement areasfollows: a)50%reimbursement of thecoursecostforagrade of "C"orbetterfor undergraduate courses; b)50%reimbursement of the course cost for a grade of "B"orbetter for graduate courses; c)Any suchreimbursementshallbemadeonlyuponsubmission of proof of the gradesas provided in sub-sections aandbabove; d)The credit hourcost of any courses approved shall be capped atthe rate usedby local publicly fundeduniversities and/or community colleges. 25 4.Employeesutilizing educational assistance must remain withtheCityfora period of atleasttwoyearsfollowingcompletion of anyreimbursedcourse,orsaidmoney mustbe repaid totheCity(amountmaybe deducted from final pay). ARTICLE 35 EMPLOYEE PREGNANCY/MATERNITY LEAVE 1.An employeewhobecomes pregnant mustnotifythe Chief of Policeassoonasshe receives amedical confirmation thatsheispregnant.Apregnant employee is required to furnish aletter from her physician whichwill state the anticipated delivery date,theamount of time the employee may continuetoworkuntilthedeliveryand thetypesandlimitations of dutytobe performed bythe pregnant employee.At the recommendation of the employee's physician,thepregnant employee may,inthe discretion of theCity,beplacedonlightdutystatuswiththe approval ofthe Chief of PoliceortheirdesigneeandtheCity Manager.Intheeventthatalightdutyposition isnotavailableatthepolice station,thepregnantemployee may be utilized inother City of SouthMiami offices atthediscretion of theCity Manager.The employee's rate of pay will remain the same. 2.Pregnantemployeesshallbe granted disabilityleaveonthesametermsand conditionsas granted forother non-pregnancy-related disabilities.Any bargaining unitemployeewhobecomes pregnant shallbeentitledtounpaidmaternityleave. Suchmaternityleaveshallbe granted foraperiod of uptopsix(6)months.Inthe event thatthepregnant employee hasanyaccruedannualleave,sick leaveorcomp time,she may usealloranypart of theaccruedleaveatherrequestinlieu of unpaid leave. ARTICLE 36 EMPLOYEE ASSISTANCE PROGRAM 1.The City andthe PBA concurthatan Employee Assistance Program(EAP)would be of greatvalueinsupportingtheoperations ofthePoliceDepartmentandtobolstering the welfare of the Department's law enforcement personnel.Therefore,itisagreed that the CityManagerandthe PBA unitrepresentativeswill meet,as needed,to developanactionplantoimplementsucha program thatisresponsivetotheneeds of thebargainingunitandisaffordabletotheCity. ARTICLE 37 ABOLISHMENT OR MERGER 1.Whenever the abolishment ormerger of thepolicedepartmentis contemplated,the Association shallbe informed of suchplansinadvanceandbe given an opportunity tonegotiateconcerningtheimpact of suchabolishmentormergerproposaluponthis Agreement 2.Theabolishmentormergernegotiationsshallincludediscussion of provisionsforthe placement of personnel inother departments or,inthe alternative,severancebenefits. ARTICLE 38 AMERICANS WITH DISABILITIES ACT 1.Notwithstandinganyotherprovision of thisAgreement,the PBA agreesthattheCity may takewhateveractionsmaybenecessaryto comply withtheAmericanswith Disabilities Act ortheFlorida Civil Rights Act to provide reasonable accommodation to individuals with disabilitiesasrequiredunderthoselaws.To accomplish this,the Cityshall notify the PBA of theactionitintendstotaketo comply with the ADA or 26 theFlorida CRA.IfthePBA disagrees withtheaction contemplated bytheCity,the PBAshallimmediatelyrequestnegotiationswiththeCitytoresolvetheissueandto determine the parties'mutual obligations to comply with these laws.However,any contentionorclaimthattheCityviolatedanyprovision of theAmericanswith Disabilities Actorthe Florida Civil Rights Actshallbe exclusively resolved through available administrative or judicial remedies,and shall notbe subject tothe grievance procedure herein. ARTICLE 39 TERM OF AGREEMENT 1.Except as provided herein,all provisions ofthis Agreement shallbe effective upon ratificationbythePBAandtheCity.ThisAgreementshallremaininfullforceand effectuntiland including September30,2007. City of South Date:/0/4 0<. !er /I ,'JPJ*Date:/yC/rt^T Date:/^//JTg^ Date:L0 ****r*&? By: By: By: By: By: loner i j )/2u Date:/O/s/d^ missinnftr .'iissionerMarieBirts-Cooper,Commis Date:'Q Jam^££pefcland,Attorney City OLoiauth Miami JohrtfRivera,President Dade CountyP] Date: Date: Date:jp Agustin Castro,PBA Representative ATTEST:_ City Clerk Date: TTEST /'y ^RTaria M7 Menendez ^ biml cit^ClerLte:/4f/lS 27