Res. No. 143-05-12122RESOLUTION NO.143-05-12122
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MTAMT,FLORIDA,APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE MIAMT-DADE COUNTY POLTCE
BENEVOLENT ASSOCIATION POLICE LIEUTENANTS AND POLICE
CAPTAINS AND THE CITY OF SOUTH MIAMI;PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,theMayorandCityCommissionofthecity of SouthMiamiseektoprovidethe
highestlevels of lawenforcementprotectionandservicesforthecitizens,residents,businessesand
visitors of theCity of SouthMiami;and
WHEREAS,aCollectiveBargainingAgreementwiththe Miami-Dade CountyPolice
BenevolentAssociation(PBA),representingthePoliceLieutenantsand Police Captains of theSouth
MiamiPoliceDepartment,isanintegralcomponent of thiseffort;and
WHEREAS,theCity Administration andthePBAhave successfully concluded negotiations ona
new three-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 THAT:
Section 1.The Collective Bargaining Agreement for 2004-2007 between the Miami-Dade
County Police Benevolent Association Police Lieutenants and Police Captains andtheCity of South
Miami,which is attached andherein incorporated by reference,is approved andtheCity Manager is
authorized to execute said contract on behalf of the City;
Section 2.If anysection,clause,sentence,or phrase of this resolution isforany reason held
invalidor unconstitutional bya court of competent jurisdiction,the holding shallnotaffectthe validity of
the remaining portions of this resolution.
Section 3.This resolution shalltakeeffectuponapproval.
-f-
PASSED AND ADOPTED this /day of llfaa^lb^,2005.
ATTEST:
^,))>^c^U>()7t^L^
APPROVED:
CITY CLERK
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
South Miami
An-fimafcaC&y
uinr
2001
To:MayorMary Scott Russelland
Members of the City Commission
Date:November 1,2005
£From:Maria V.Davis
City Manager
Agenda Item #_
Re:PBA Police Lieutenants and Police
Captains Collective Bargaining
Agreement
RESOLUTION
ARESOLUTIONOFTHE MAYOR ANDCITYCOMMISSIONOFTHECITYOF
SOUTH MIAMI,FLORIDA,APPROVING AND AUTHORIZING THE CITY
MANAGERTOEXECUTEA THREE YEARCOLLECTIVEBARGAINING
AGREEMENT BETWEENTHE MIAMI-DADE COUNTY POLICE BENEVOLENT
ASSOCIATION POLICE LIEUTENANTSAND POLICE CAPTAINS ANDTHE
CITYOFSOUTH MIAMI;AND PROVIDING FORANEFFECTIVEDATE.
BACKGROUND AND ANALYSIS
Attachedisthe Collective Bargaining Agreementbetweenthe Miami-Dade County
Police Benevolent Association Police Lieutenants and Police Captains and the Cityof
South Miami forfiscal years 2004-2005,2005-2006and2006-2007.This Agreement
was ratified by the uniton June 23,2005 (see attached memorandum).
RECOMMENDATION
Itis recommended thattheCityCommissionauthorizetheCity Manager to execute the
CollectiveBargaining Agreement betweentheMiami-DadeCountyPolice Benevolent
Association Police Lieutenants and Police Captains and the Cityof South Miami.
10/11/05 TUE 12:59 FAX ,,,,®002
THE VOICEOF IAW ENFORCEMENT
DADE COUNTY POLICE BENEVOLENT ASSOCIATION,INC.
Via facsimile (305)374-5095 and Regular USMail
October 11,2005
JamesC.Crosland,Esquire
Akerman Senterfitt
One Southeast Third Avenue
28*Floor
Miami,FL 33131
RE:City of South Miami Police Department
Ratification of the Collective Bargaining Agreement
2004-2007
Dear Mr.Crosland:
PleasebeadvisedthattheSupervisoryCollectiveBargainingunitoftheCityofSouth
Miami PoliceDepartmentratifiedtheirfirst Collective Bargaining Agreement.
PleasehavetheCityCouncilvoteonthecontractassoonaspracticablesothat,ifit
passes,wemaybeginthe implementation process.
Ifyouhaveanyquestionspleasedonothesitatetocontactmeat(305)593-0044.
Sincerely,
Andrew M.Axelrad
Assistant General Counsel
AMAxh
John Rivera.President •10680 PBA Memorial Boulevard •(Northwest 25th Street)•Miami.Florida 33172-2108
COLLECTIVE BARGAINING
AGREEMENT
09/to rev*
City ofSouth Miami
And
The Miami-Bade County Police Benevolent Association
2004-2005
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Table ofContents
Section -
Preamble
Article 1 Recognition
Article 2 Non Discrimination
Article 3 Dues Check-OfT
Article 4 Association Representatives
Article 5 Services to the Association
Article 6 Personnel Records
Article7 Internal Investigation and Obligation tothe
Public
Article 8 Vehicles andSafety Equipment
Article 9 Promotions and Removal
Article 10 Training
Article 11 Grievance andArbitrationProcedure
Article 12 Holidays
Article 13 Sick Leave
Article 14 Funeral Leave
Article 15 Leave ofAbsence
Article 16 Vacation Leave
Article 17 Extra-DutyPolice Employment
Article 18 Insurance Benefits
Article 19 ManagementRights
Article 20 Work Stoppages
Article 21 Awards
Article 22 Military Leave
Article 23 Authorized Use ofPrivate Automobile
Article 24 Bulletin Boards
Article 25 Severability Clause
Article 26 Compensation
Article 27ProhibitionAgainstRe-Opening of
Negotiations
Article 28 Uniforms and Equipment
Article29 Physical Examination and Workers
Compensation
Article 30 Retirement Benefits
Article 31 Educational Incentive
Article32Employee Pregnancy/Maternity Leave
Article 33 Employee Assistance Program
Article 34 Abolishment ofMerger
Article 35 Americans With Disabilities Act
Article 36 Term of Agreement
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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 andallotherconditions ofemployment
ARTICLE 1 RECOGNITION
The Employer hereby recognizes the Dade County Police Benevolent Association as the
collective bargaining agent for all permanent full-time sworn police personnel of the rank
of 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 beno m^cjrimination,interference,restraint,or coercion by theEmployeror
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 DCTS CTnETK-OTF
1.Any member of the Association,who has submitted a properly executed dues
authorization card or written statement totheCity Manager ortheir designee in
accordance witha format prescribed or approved bytheCitymay,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 tothe Association.However,theCity shall haveno responsibility orany
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 holdtheCity harmless for non-intentional errors inthe
administration ofthe dues deduction system.
2.It shall bethe 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 theCitybe 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 PBA and the City agret to file aJoint Unit Clarification Petition with PERC for the purpose of including Division Coirananders
in the Supervisory Bargaining Unit currently consisting oflis.and Captains.It is understood and agreed that this tentative Collective
Bargaining Agreement will be submitted for ratification by the unit employees and the City Commission contingent upon the
successful inclusion ofDivision Commanders inthe supervisory unit.
{M2291697;l}3
ARTICLE 4 ASSOCIATION REPRESENTATIVES
1.One member of the Association shall be allowed to attend bargaining sessn,-.
purpose of renegotiating this Agreement without loss of pay,should the meeting Uw
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 tothe manpower needs ofthe Department at all
tunes.
3.The Association Representative shall be allowed to attend the Dade County PBA
Board of Directors meeting once amonth without loss of payor leave time,should
themeetingtake place whilethe Association Representative ison duty.
ARTICLES SERVICES TO THE ASSOCIATION
1.TheCitywill furnish the Association acopy of the Police Department's Rules and
Regulations.
2.TheCitywillallowthe Association and its representatives reasonable access tothe
City Commission Chambers for the conducting of Association business whensuch
facilityisnotin normal use,upon(5)days written request therefore totheCity
Manager or their designee.
3.The City will provideamailboxforeach employee foruse by theCityandthe
Association to distribute mail and other communications.The aforesaid mailboxes
may beused by theAssociationstrictlyforthepurpose of transmitting material of an
informational nature,andshall not be used for the purpose ofcommunicating material
tendingto,directlyorindirectly,disparage anyelectedorappointedofficial of the
City.
4.UponwrittenrequestbytheAssociation,theCitywillprovide,onasemi-annual
basis,a complete roster of thebargaining unit,including name,rank,address,
telephone number,socialsecuritynumberandcurrentpayscale.
ARTICLE 6 PERSONNEL RECORDS
1.Employees coveredbythisAgreementshallhavetherighttoinspecttheir official
personnel file and/or theirclosed Internal Affairsfile during normal business hours
andshall not becompensatedshouldsaid inspection occur outside employee's regular
duty hours.The employee shallhavetherightto request duplicate copies of any items
intheir official files,upon payment oftheusualchargethereof.
2.Employees coveredbythisAgreementshallreceivecopies of any disparaging items
which areplacedinthe employee's officialpersonnelfile.Employees covered by
this Agreement shallalsohavetherighttoaddwrittenresponsestoanysuch
disparaging itemswhichareplacedinthe employee's official personnel file.All
writtenresponsesshallbesenttothe Chief of Policeviachain of commandnotmore
{M2291697;l}4
than ten business days following the day of receipt bythe employee,
responses shall strictly parallel the disparaging item(s)of concern.
3.To the extent permitted by law,all personnel records of the employees shall ^
confidential and shall notbe released toany person except:authorized officials ofthe
City,or in response to a subpoena from a court of competent jurisdiction,or upon
written authorization from the employee.Inthis regard,thePBA recognizes the
City's obligation to comply with Chapter 119,Florida Statutes.
4.At notime shall thenewsmediabe directly or indirectly furnished withthehome
address,telephone number or photograph of any employee or relatives without their
expresswritten 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 ina 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 toa 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
andout of such contacts and relationships,questions may arise or complaints maybe
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 ofthe City and the preservation ofthe public interest
2.In order to maintain the security ofthe City and protect the interests ofits 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
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,ifknowntothe Department
C The employee under investigation shall be informed 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 to the employee under investigation shall be asked by and through
one(1)interrogator atanyonetime.
D.Interrogation sessions shall be for reasonable periods and shall be timed to
allow for such rest periods as are necessary.All interrogations willbeheldat
the headquarters of the South Miami Police Department,insofar as possible.
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E.Any employee underinvestigationshallbe informed of therighttobe
represented by counseloranyotherrepresentative oftheirchoice who shallbe
presentatalltimesduringsuch interrogations wheneverthe interrogations
relateto the employee's continuedfitnessfor law enforcement services.
.F.The formal interrogations of anemployee,includingallrecess periods,shall
be recorded,andthereshallbeno unrecorded questionsorstatements.
G.If theemployee under interrogation is under arrest orislikelytobe placed
under arrest asaresult of the interrogations,heshallbecompletelyinformed
ofall of his rights prior tothe commencement ofthe interrogation.
H.During interrogations covered hereunder,questionsshallbelimitedtothe
circumstances surrounding the allegations,which are the subject of the
investigation.
I.An employee under investigation may obtain,acopy of any written statement
he has executed.
J.The employee shall notbe subjected to any offensive language,nor shall hebe
threatened with transfer,dismissal,or other disciplinary measures.No
promise ofreward 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
whoexercisestherights provided forinthisArticle.
M.An employee who is criminally charged in any jurisdiction with a felony or a
serious misdemeanor including butnot limited to,DUJ,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 fromdutyperiod.
N.Upon conclusion of an internal review investigation,employees,designated as
subjects,shall be given awritten 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 bythe 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 touse 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.
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ARTICLES VRWinr,BS AMP SAFETY EOmPMBSPyr
1.The City will make a good-faith effort to maintain police vehicles and safety
equipment in proper working order.Police vehicles operated by the City shall
comply with the standards and requirements of applicable State Statutes governing
motor vehicle safety equipment Employees will as soon as possible report any
broken and/or malfunctioning equipment to their supervisor.Employees shall keep
thevehicles cleaned and fueled.Itisthe responsibility of officerswith 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
1.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
ChiefofPolice.
2.Intheevent 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 orCaptain.
ARTICLE 10 TRAINING
1.The City will provide each employee a copy of trainmg buUetins.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 isin 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 bythe Department and in accordance with Article 28.The
City agrees to provide ammunition for firearms training.
4.Tlie 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 ofthe City.
ARTICLE 13 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 ofthis 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;l}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 tothenext higher step.
3.Grievances shall be presented inthe 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 events)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
copytothe Association;
STEP 2:In the event the employee isnot satisfied with the disposition of the
grievance in Step 1,he shall have the right to appeal the Chief of Police's decision
tothe City Manager within seven (7)calendar days of the date of issuance of the
Chief of Police's decision.Such appeal mustbe accompanied bythe 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 ofthe 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 (orsome longer
period of time as is mutually agreed upon)render a decision in writing witha
copy totheAssociation.
4.Wherea grievance involves discharge,suspension or disciplinary demotioninvoked
bytheCity,such grievance shall be filed atStep2withinten (10)calendar days from
thedatetheemployeereceivesthedisciplinenotice.
5.Intheeventa grievance processed throughthe grievance procedure hasnotbeen
resolvedatStep2above,eitherparty may requestthatthegrievancebesubmittedto
arbitration within fifteen(15)calendardaysaftertheCityManagerrendersa written
decisiononthe grievance.The arbitrator may beanyimpartialperson mutually
agreedupon by andbetweenthe parties.However,intheeventthepartiesareunable
toagreeuponsaid impartial arbitrator,the parties shalljointlyrequesttheAmerican
Arbitration Association tofurnishapanel of nine (9)namesfrom which eachparty
shallhavetheoption of strikingfour(4)namesin alternating fashion,thusleavingthe
ninth,which willgiveaneutralorimpartial arbitrator.Thepartyrequesting
arbitration will strikethefirstname.Eitherparty may rejectupto two (2)arbitration
panelsinanygivencase.
6.TheCityandemployee(orthe Association)shallmutually agree inwritingastothe
statement of thegrievancetobe arbitrated priortothearbitrationhearing,andthe
arbitrator,thereafter,shall confine their decision totheparticular grievance thus
specified.Intheeventthe parties fail to agree onthe statement ofthe grievance tobe
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 haveno authority to change,amend,addto,
subtract from,orotherwisealteror supplement this Agreement or any part thereof or
{M2291697;l}8
amendment thereto.The arbitrator shall haveno authority to consider or rule upon
any matter which is stated in this Agreement not to be subject to arbitration or which
is not a grievance as defined in this Agreement;nor shall this collective bargaining
agreement be construed by the arbitrator to supercede applicable laws in existence at
the time of signing of this Agreement,except to the extent as specifically provided
herein.
7.Each party shall bear the expense of its own witnesses and of its own representatives
for purposes of the arbitration hearing.The impartial arbitrator's fee and related
expenses and expenses of obtaining a hearing room,if any,shall be equally divided
between the parties.Any party desiring a transcript of the hearing shall bear the cost
of such transcript unless both parties mutually agree to share the said cost
8.The parties shall make their choice of the impartial arbitrator within seven (7)
calendar days after receipt of the panel from the American Arbitration Association.
Copies of the arbitrator's award made in accordance with the jurisdiction and
authority under this Agreement shall be furnished to both parties within thirty (30)
days of the close of the arbitration hearing.The arbitrator's award shall be final and
binding onthe parties.
ARTICLE n BOTIIPAVB
1.The below-listed paid holidays shall be granted under the following conditions:
1)January 1 New Year's Day
2)3rd Monday of January Martin Luther King's Birthday
3)3rd Monday of February President's Day
4)3rd Monday of May Memorial Day
5)July 4 Independence Day
6)1st Monday of September Labor Day
7)November 11 Veteran's Day
8)Forth Thursday in November Thanksgiving Day
9)Friday after Thanksgiving
10)lA 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 thework schedule,such
observance onan alternate date maybe made atthe department head's discretion,
with the approval of the City Manager.If an employee is required to work on a
holiday,the employee shall have the right to take an otherwise regular work day off
withthe approval oftheChief of Police.
3.When a holiday falls on a Sunday,the following Monday shall be observed and when
it falls ona 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.
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ARTICLE 13 SICK LEAVE1Sickleaveshallbegrantedto employees for absence because of:
(a)Personal illness or physical disabiUty resulting in the incapacity of the
employee to perform the regular duties oftheir position and not arising from a
service-connected injuryoraccident
(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 thatuse of sick leave inthis manner shall beattheemployee's request
and is not mandatory.
(d)Illness or injury to a member ofabargaining 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 itis accrued.No advance sick leave
shall be granted except in an emergency and upon approval ofthe 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,willnotbe eligible to receive anysickleavepayout
5.Effective October 1,1995,employees willbe allowed to accrue sick leave in excess
ofthe 600 hours cap.Nevertheless,the sick leave payout willbe governed by Section
4 ofthis Article.
6.All current employees,as of October 1,1995,will retain current payout provision
upon termination of employment,and will have no cap onsick leave accrual.All
employees hired after October 1,1995,shall receive nosick leave payout upon
termination,butwillhavea "no-cap"maximum onsickleave accrual.Allemployees
who haveattaineda sick leavebalance of a minimum of 36days(288hours)shallbe
eligible ontheir first anniversary date following that accumulation to convert upto32
hours of their annual unused sick leave balance in excess of 288 hours to vacation
leave.An employeewhousesin excess of 32hours of sickleave during a one-year
period willnotbe eligible for this benefitThe catastrophic illness bank willbe
abolishedandaccruedhourswillbereturnedto employees whohaveaccruedthis
leave.Sick leavedonatedtoassistother employees in need shall not becounted
against the donating employee for the purpose of conversion to vacation.
7.An employee whose service withtheCityis terminated and whohastakensick leave
thatisunearnedatthedate oftermination,shallreimburse the City forallsalarypaid
inconnection with such unearned leave,except incaseswherethe employment is
terminated bythedeath of an employee,orincaseswhereandemployeeisunableto
return toduty because oftheir disability,the evidence ofwhichshallbe supported by
an acceptable medical certificate.
8.Inallcases of absence on sick leavein excess of three(3)work daysandincases of
absence onsickleaveforany period lessthanthree(3)workdayswhentheChief of
Police shallso direct,thewritten request forsickleaveshallbe accompanied bya
certificate signedbythe physician or other licensed medical practitioner treating the
{M2291697;l}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 notto 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 ofthe 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:
After5 years of continuous service 25%
After 10 years of continuous service 50%
After 15 years of continuous service 75%
After20 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.
ARTICLE 14 FUNERAL LEAVE
1.Employees covered by this Agreement shall be entitled to funeral leave with pay up
toa maximum of four (4)work days in the event ofa 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 wifeor 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
isapproved.
4.Funeral leaveshallnotbe charged tosickleaveor annual leave.
ARTICLE 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}11
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 ofsuch employee.
3 Any employee granted leave without pay for six (6)months or more shall be entitled
to be placed by the City only ifajob 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.Ifplaced 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.Theterm "Vacation Leave"shall be used to designate leave withpay granted toan
employee onthe following prorated basis:
Vftfli-g nfUninterrupted Service Amount ofVacation
1)1to5 years inclusive 2-2/5 weeks or 12 working days*
2)6to 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
notime shall an employee be allowed touse more vacation leave than hasbeen
accumulated.
(b)Earned vacation time is principally intended for use during the year in which it
is earned.Under exceptional circumstances anduponwritten request withinthe
yearin which the vacation timeis earned,such timemaybeusedupto30 days
pastthe employee's anniversary date withthe written approval of theCity
Manager.
(c)Vacation leave maybe taken totheextentthatitis earned bythe employee,
subject tothe prior approval oftheChief of Police,upon written application by
the employee in advance,andatthe convenience oftheCity.
(d)Any earned and credited vacation leave to the credit of anemployeewhen
terminating employment withtheCitywillbe paid prorated attheemployee's
currentrate ofpaywiththelastpaycheck received.
2.An employee may request their vacation paychecksin advance of scheduled vacation
payby submitting a written request totheCity's Payroll Department at least two(2)
weeks prior to starting theirvacation.Mustbe preapproved bytheCity Manager.
3.Employees willbe permitted to split their vacation dates atthe discretion oftheChief
of Police.
ARTICLE 17 EXTRA-DUTY POLICE EMPLOYMENT
1.PoliceOfficersauthorized by the Chief of Policetoperformextra-dutypolice
employment shall charge in accordance withthe Miami-Dade Police Department's
extra duty ratetable.
{M2291697;l}12
2.Any employeewhomay injured while acting inthescope of suchemployment shall
beentitledtothesamerights,privileges,benefitsandworkers'compensationas if on
duty provided thatsuch extra-duty employmentis authorized bythe Chief of Police.
3.The parties agree tothe formation of a committee to promulgate recommendations for
a fair and equitable system of allotting extraduty work.TheCommittee shall consist
of members of the collective bargainingunit(selected by the PBA),staff and
management ofthepolice department
ARTICLE 18 INSURANCE BENEFITS
TheCity agrees topay for HMO health insurance for all employees covered bythis
agreement Employees wanting the optional POS or PPO health insurance willpaythe
difference betweenthetwo plans.TheCitywill also continue the current levels of
coverage for dental,lifeand disabiUty insurance.Theemployee agrees topayfor 100 %
of dependent coverage for health and dental insurance.
ARTICLE 19 .MANAGEMENT RIGHTS
1.The Association andits members recognize thatthe City hasthe exclusive rightto
manage and direct all of its operations.Accordingly,theCity specifically,butnotby
way oflimitation,reserves theexclusiverightto:
ADecidethescope of servicetobeperformedandthe method of service;
B.Hireand/or otherwise determinethequalifications of employees andthe
criteriaandstandardsfor employment;
C.Promote and/or removeemployeesfromtheranks of Division Commander,
Lieutenantand Captain for non-disciplinary reasons withinthesole discretion
ofthe Chief ofPolice;
D.Terminateorotherwisediscipline employees for just cause;
E.Promoteand determine the qualifications ofemployees;
F.Lay off and/or relieveemployeesfromdutyduetolack of work or budgetary
constraints.
G.Transferemployeesfrom location to location andfromtimetotime;
H.Rehire employees;
I.Determinethestartingandquitting time andthenumbers of hoursand shifts
to be worked.
J.Determine theallocationand content ofjob classifications;
K.Formulate and/or amendjobdescriptions;
L.Merge,consolidate,expand,or curtail or discontinue temporarily or
permanently,inwholeorin part,operations whenever inthesole discretion of
theCitygoodbusinessjudgmentmakessuchcurtailmentor discontinuance
advisable;
M Contract and/or subcontractany existing orfuture work;
N.Expand,reduce,alter,combine,assign,or cease anyjob;
O.Determine whether andto what extent the work required in its operation shall
be performed by employeescoveredbythisAgreement;
P.Controltheuse ofequipment andproperty ofthe City;
Q.Determine thenumber,location,and operation of headquarters,annexes,
substations and divisions thereof;
{M2291697;l}13
R.Schedule and assign the work to the employees and to determine the size and
composition of thework 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 ofthe Chy 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 tothe 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.Ifthe City fails to exercise any one or more ofthe above functions from time to time,
thiswillnotbedeemedawaiver of theCity'srighttoexerciseanyorall of such
functions.
ARTICLE 20 WORK STOPPAGES
1.The Association agrees that,under no circumstances,shalltherebeanywork
stoppage,strike,sympathy strike,safety strike,jurisdictional dispute,walkout,sit-
down stay-in,sick-out orany other concerted failure or refusal to perform assigned
workforanyreason whatsoever,or picketing inthe furtherance of any of theabove-
prohibited activities,nor shall any bargaining unit personnel refuseto cross any
picketlineatany location,whether the picketing isbeingdonebythe Association or
anyotheremployee organization or union.
2.TheAssociationagreesthattheCityshallretaintherightto discharge orotherwise
discipline someorall of the employees participating inor promoting any of the
activitiesenumeratedin paragraph 1above,andthe exercise of suchrights by the
Citywillnotbesubjectto recourse under the grievance/arbitration process.
3.Itisrecognized by thepartiesthattheactivitiesenumeratedin paragraphs 1and2
above,are contrary tothe ideals of professionalism andtotheCity'scommunity
responsibility.Accordingly,itis understood andagreedthatintheevent of any
violation of this Article,theCityshallbeentitledto seek andobtainlegal and/or
equitable reliefinanycourt of competent jurisdiction.
4.For thepurpose of thisArticle,itis agreed thatthe Association shallbe responsible
for anyactcommitted by its officers,agent,and/or representatives whichact
constitutesa violation of statelawortheprovision herein.Inadditiontoallother
rights andremedies available totheCity under state law,intheevent of a breach of
the provisions herein,theCity shall havetherightto unilaterally andwithout further
noticeterminatetheir collective bargaining agreement,withdraw recognitionfromthe
Association,and cease dues deductions.
{M2291697;l}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 tobe posted conspicuously inthe Police
Station and City Hall.Additionally,formal recognition of employee's exceptional
service shallbeplacedin personnel files.
ARTIO"•*•33 MILITARY LEAVE
The City shall abide by any and all statutory rights employees who are also members of
theUnitedStates military areentitledto.
ARTICLE 23 AUTHORISED 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 a5'x4'bulletin board in the squad room at the police station.A copy
of each notice tobe 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
noticetobe 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 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 of this
Agreement
ARTICLE 26 COMPENSATION /'
/All baigaining unit members shall receive aone percent (1%)across the board wagelX
increase effective andretroactivetoOctober 1,2004.
All bargaining unit members shall receive a two percent (2 %)across the board wage
increase effective October 1,2005.
{M2291697;l}15
All bargaining unit members shall receive athree percent (3%)across the board the wage
increase effective and retroactive to October 1,2006.
Special Risk Pay shall remain at $40.00 per pay period for term ofthis contract
ARTICLE27 PROmRITION AGAINST REOPENING OF NEGOTIATIONS
Except as specificaUy 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,workmg 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 ofthe following:
(a)One(1)longsleeve shirt;
(b)Five(5)short sleeve shirts;
(c)Five(5)pairs oftrousers;
(d)One(1)hat;
(e)Badgeandnametag;
(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)jacketwith zip-out lining;
(i)Two(2)pairs police low quarter corfam shoes;
(j)Raingear;
(k)Upon employee's request,two pairs of uniform shorts shall be issued.
Theaboveitems shall be replaced as needed,bytheCity,withina reasonable
amount of time from theemployee'swrittenrequestSuch requests shallincludethe
reason for replacement and is contingent upon approval of the Division Commander via
chain ofcommand.
2.Employees who are required to wear non-issued clothing will receive a 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)
willbe paid onthepay day nearest the 15th of June of each year provided that the
employeeisemployedonsaid day.
3.Uniformed employees covered under this Agreement will receive a clothing
allowance of $300 dollars annually.One-half (1/2)of saidallotmentwillbepaidon
thepayday nearest the 15th of December of each year and the other one-half (1/2)
willbe paid onthepay day nearest the 15th of June of each year provided thatthe
employee is employed on said day.Any employee who receives a clothing/uniform
allowancein advance who terminates employment,exceptforretirement,willhavea
prorated portion of that allowance deducted from the final paycheck.No final
paycheck will be given the tenninated employee until all city-owned property such as
uniformsand equipment,ID,etc.has been returned totheCity.
{M2291697;l}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 usein administering first aid.Such items shall be replaced as
needed.6.Employees may be allowed to carry personally-owned shot-guns and ammumtion
which conform to department standards once the employee is qualified for use in that
weapon or an identical weapon bya certified range master.
7.All personnel who intend to carry personal semi-automatic weapons on duty are
subject tothe 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 bya department armorer.
4)Sworn personnel shall not modify authorized firearms.
5)Holster and ammunition clip holder shall be purchased (by employee)and
approved bytheChief of Police.
6)The officer shall complete atraining 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 useof 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
BENEFITS1.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 willbeatthe 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 witha copy ofthe 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 bein addition to
the annual physical and may occur not more than one time per employee each year.
{M2291697;l}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''.7 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 tothe 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 bythe employer,acting ina 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,uptoa maximum of four (4)years inthe South Miami
Retirement System,pursuant to procedures tobe promulgated bythe 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
toa iriayimirm of five(5)years intheSouth Miami RetirementSystem pursuant to
procedures to be promulgated by the City in consultation with the PBA.The actuarial
and technical language istobe prepared bya certified company agreed tobythe 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 tobe
{M2291697;l}18
accidental andsufferedintheline of dutyunlessthe contrary beshownbycompetent
evidence.
ARTICLE 31 EDUCATIONAL INCENTIVE
1.The City agrees to bear the cost of tuition for specialized educational courses to better
equip the officers for the performance of the particular job and/or position in which
they are employed.
2.Every application for educational assistance shall be subject tothe approval of the
Chief of Police and theCity Manager.Such approval mustbe obtained at least thirty
(30)days prior tothe beginning ofany 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 ofthe
grades as provided in sub-sections a and b above;
2.Thecredithourcost of anycourses approved shallbecappedatthe rate used
by local publicly funded universities and/or community colleges.
3.Employees utilizing educational assistance must remain with theCity for a period of
at least two years following completion of any reimbursed course,or said money
mustbe repaid totheCity (amount maybe deducted from final pay).
ARTICLE 32 EMPLOYEE PREGNANCY/MATERNITY LEAVE
1.An employee who becomes pregnant must notify theChief of Police as soon as she
receivesamedicalconfirmationthatsheis pregnant Apregnant employee is
required to furnish a letter from her physician which will state the anticipated delivery
date,the amount of timethe employee may continue toworkuntilthe delivery and
the types and limitations of duty tobe performed bythe pregnant employee.Atthe
recommendation of theemployee's physician,the pregnant employeemay,inthe
discretion of the City,be placed onlightduty status withthe approval oftheChief of
Police or their designee and ihe City Manager.Intheeventthatalightduty position
isnot available atthe police station,the pregnant employee maybeutilizedinother
City of South Miami offices at the discretion ofthe City Manager.The employee's
rate of paywillremainthe same.
2.Pregnant employees shall be granted disability leave onthe 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 uptosix(6)months.Inthe
eventthatthe pregnant employee has any accrued annual leave,sick leave or comp
time,shemayuseallorany part of the accrued leave ather request inlieu of unpaid
leave.
ARTICLE 33 EMPLOYEE ASSISTANCE PROGRAM
TheCityandthePBA concur that an Employee Assistance Program (EAP)wouldbe of
great value in supporting the operations of the Police Department and to bolstering the
{M2291697;1}19
welfare of the Department's law enforcement personnel.Therefore,itis 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
andis affordable tothe City.
ARTICLE 34 ABOLISHMENT OR MERGER
1.Whenever the abolishment or merger of the police department is contemplated,the
Association shall be informed of such plans in advance and begivenan 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 thattheCity
may take whatever actions maybe necessary to comply withthe Americans with
Disabilities Act orthe Florida CivilRightsActtoprovide reasonable accommodationto
individuals with disabilities as required under thoselaws.To accomplish this,theCity
shall notifythePBA of the action it intends totaketocomplywiththeADAorthe
Florida CRA.If the PBA disagreeswiththeactioncontemplated by theCity,the PBA
shallimmediatelyrequest negotiations withtheCitytoresolvetheissueandto determine
theparties'mutual obligations tocomplywiththeselaws.However,anycontentionor
claimthattheCityviolatedanyprovision of theAmericanswithDisabilities Act orthe
Florida Civil Rights Act shallbe exclusively resolvedthroughavailableadministrativeor
judicialremedies,andshallnotbesubjecttothe grievance procedure herein.
{M2291697;l}20
ARTICLE 36 TERM OF AGREEMENT
Except as provided herein,all provisions of this Agreement shall be effective upon
ratification by the PBAandtheCity.This Agreement shall remain infull force and
effect until and including September 30,2007.
Dade County Police
Benevolent Associatfbn
By:.
Date:
Jorjn Rivera,President
County PBA
ATTEST:
City of South Miami
ATTEST:
By:WmMK
MariaJ^Davis,City M
Date:v/ftf/fa
By:eu-^o.
3///0G
Alana M.Mene'nde^,
{M2291697;l}21
ORDINANCE NO.06-06-1874
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 SUPERVISORY UNIT (LIEUTENANTS AND
CAPTAINS)AND THE CITY OF SOUTH MIAMI;PROVIDING FOR
SEVERABILITY,ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE
WHEREAS,theMayorandCityCommission of theCity of SouthMiamiseektoprovidethe
highestlevels of lawenforcementprotectionandservicesforthecitizens,residents,businessesand
visitors of the City of South Miami;and
WHEREAS,a Collective BargainingAgreementwiththeMiami-DadeCountyPoliceBenevolent
Association (PBA),representing theSupervisoryCollectiveBargainingunit(LieutenantsandCaptains)of
theSouthMiamiPoliceDepartmentisanintegralcomponent of thiseffort;and
WHEREAS,theCityAdministrationandthePBAhave successfully concludednegotiationsona
newthree-yearcontractwhichachievestheseobjectives;and
WHEREAS,theSupervisoryCollectiveBargainingunit of theSouthMiamiPoliceDepartment
hasratifiedtheCollectiveBargainingAgreement.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA THAT:
Section 1.The Collective Bargaining Agreement for 2004-2007 between the Miami-Dade
County PoliceBenevolent Association andtheCity of South Miami,whichisattachedand herein
incorporated by reference,is approved andtheCity Manager is authorized to execute said contract on
behalf of theCity.
Section2.Ifany section clause,sentence,or phrase ofthis resolution isforany reason held
invalid or unconstitutional bya court of competent jurisdiction,the holding shall not affect the validity of
the remaining portions of this resolution.
Section 3.All ordinances or parts of ordinances in conflict with the provisions ofthis ordinance
are repealed.
Section4.Thisordinanceshallbe effective as of November 1,2005.
PASSED AND ADOPTED this j*l {day of .^Jfoi4M6^\.2006.
ATTEST:APPROVED:
CITY CLERK —V M^YgT
PBALieutenants&CaptainsOrdinancePage1of2
Ord.No.06-06-1874
READ AND APPROVED AS TO FORM:
CIJY-ATTORNEY
lstReading-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\MyDocuments\Woid Documents\OrdinanceLieut&CaptAgreement.doc
PBA Lieutenants &Captains Ordinance Page2 of 2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:Honorable Mayor,Vice Mayor &
City Commission
Date:January /';,2006
From:Maria V.Davis
City Manager
Agenda Item #_
Re:PBA Police Lieutenants and
Police Captains Collective Bargaining
Agreement
to.
South Miami
AH-AmafcaCfly
unir
2001
ORDINANCE:
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 SUPERVISORY
UNIT (LIEUTENANTS AND CAPTAINS)AND THE CITY OF SOUTH MIAMI;
PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT AND AN
EFFECTIVE DATE
BACKGROUND AND ANALYSIS:
Attached is the Collective Bargaining Agreement between the Miami-Dade County
Police Benevolent Association for Lieutenants and Captains and the Cityof South
Miamiforfiscal years 2004-2005/2005-2006 and 2006-2007.This agreement had
been ratifiedby the uniton June 23,2005.The agreement was presented to the
Commission and approved via resolution at the November 1,2005 Commission
meeting.Itis being brought back to the City Commission as an ordinance because at
the December 20,2005Commission meeting staff was informed that multi-year
contracts must be adopted as ordinances,not resolutions.
RECOMMENDATION:
We recommended that the City Manager be authorized to enter into the attached
Collective Bargaining Agreement