Res. No. 298-98-105661j031WZ=K1]61$ •
WHEREAS, on October 15, 1998 the Collective Bargaining
Unit of the Police Department, represented by the PBA,
ratified the Collective Bargaining Agreement proposal of
the City of South Miami for fiscal years 1999, 2000, 20010
and
WHEREAS, it is the intent of the City of South Miami t&
continue the public safety services of the Police Department
in a manner consistent with the high standards of service-
SMEM
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section-1 That the Collective Bargaining
Agreement between the City of South Miami and the PBA be
accepted as ratified by the Collective Bargaining unit on
October 15, 1998.
Section-2, That the City Manager is hereby
authorized to sign the aforementioned Collective Bargaining
Agreement • behalf • the City of South Miami.
Section 3. The resolution be effective
immediately after the adoption hereof -
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PASSED AND ADOPTED
ATTEST#.
Z�&Aa 1, k
_&ITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of October
APPROVED:
ILL=
COMMISSION VOTE:
Mayor Robaina
Vice''Mayor Oliveros
Commissioner Bethel
Commissioner Feliu
Commissioner Russell
5-0
Yea
Yea
Yea
Yea
Yea
i
City of South Miami
�.. �.g k' FAI
The purpose of this memorandum is to recommend Commission approval of the three
year collective bargaining agreement with the Police Benevolent Association (PBA) for
FY 1998-99 through FY 2000-2001.
The Agreement contains a number of economic and non-economic issues. The major
economic issues include:
Annual Adjustment — The annual adjustment is 6.5% effective October 1, 1998;
4.0% effective October 1, 1999; and 3.5% effective October 1, 2000.
Special Risk Duty Pay — Increased from the current $10 bi-weekly to $15
effective October 1. 1998; $20 effective October 1, 1999; and $25.00 effective
October 1, 2000.
Holiday — The addition of the Friday after Thanksgiving as a paid holiday.
The Agreement also provides for either party to re-open negotiations in the future on
several additional economic issues including the four day 10 hour workweek; take home
vehicles; retirement; and family insurance. No commitments were made on any of these
issues.
There are a number of non-economic issues in the Agreement concerning areas such as
off-duty work., promotional exams, etc. All of the major management needs were
satisfactorily addressed. We will be pleased to provide any additional information you
may need on these topics.
The most significant issue is the annual wage adjustment of 6.5% for FY 1998-99.
Upgrading the salary base of the Police Department is very important to our ongoing
efforts to recruit outstanding new officers and to retain our current high caliber force. The
major expansion of the Department for the opening of the Shops at Sunset Place
highlights this priority.
Attached please find a copy of the agreement between the City of South Miami and the
Police Benevolent Association, representing the Collective Bargaining Unit members of
the Police Department. The Agreement was ratified by vote of the PBA on October 15,
1998.
Funds sufficient for this Agreement are in the approved FY 1998-99 Budget and are
included in Non-Departmental General Contingency, Account 001 - 2100 -519 -9920.
This agreement is a result of complex negotiations between the Police Department and
the PBA. The agreement will provide a contractual base until September 30, 2001.
Approval is recommended.
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NO.
ARTICLE
PAGE
PREAMBLE
I
1
RECOGNITION
2
2
NON-DISCRIMINATION
3
3
DUES CHECKOFF
4
4
ASSOCIATION REPRESENTATIVES
5
5
SERVICES TO THE ASSOCIATION
6
6
PERSONNEL RECORDS
7
7
INTERNAL INVESTIGATIONS AND OBLIGATION
TO THE PUBLIC
8-12
8
SHIFTS
13-16
9
VEHICLES AND SAFETY EQUIPMENT
17
10
PROMOTIONS
18
11
TRAINING
19-20
12
GRIEVANCE AND ARBITRATION PROCEDURE
21-26
13
HOLIDAYS
26-27
14
SICK LEAVE
28-30
15
FUNERAL LEAVE
31
16
LEAVE OF ABSENCE
32
1011
VACATION LEAVE
33-34
18
EXTRA-DUTY POLICE EMPLOYMENT
35
19
INSURANCE BENEFITS
36
20
HOURS OF WORK AND OVERTIME
37-40
21
MANAGEMENT RIGHTS
41-43
22
WORK STOPPAGES
44-45
23
AWARDS
46
24
MILITARY LEAVE
47
25
AUTHORIZED USE OF PRIVATE AUTOMOBILE
26
BULLETIN BOARDS
27
SEVERABILITY CLAUSE
28
COMPENSATION
29
PROHIBITION AGAINST REOPENING OF NEGOTIATIONS
30
UNIFORMS EQUILPMENT
31
NON-PROMOTIONAL VACANCIES
32
PHYSICAL EXAMINATION WORKERS9
COMPENSATION BENEFITS
33
RETIREMENT BENEFITS
34
EDUCATIONAL INCENTIVE
35
EMPLOYEE P GN LEAVE
36
EMPLOYEE ASSISTANCE PROGRAM
37
ABOLISHMENT OF MERGER
38
AMERICANS I ISA S ACT
39
TERMS OF AGREEMENT
39
40
41
42
43
44-46
47
48 -49
50 -52
53
54
55
56
57
58
This agreement is entered into by the City of South Miami, Florida, hereinafter referred to
as the "Employer" or the "City" and the Dade County Police Benevolent Association, Inc.,
hereinafter referred to as the "Association ", for the purpose of promoting harmonious relations
between the Employer and the Association, to establish an orderly and prompt procedure for the
resolution of grievances, to insure continuation of normal activities and departmental operations,
to settle differences which might arise and to set forth the basic and full agreement between the
parties concerning rates of pay, wages, hours of work and all other conditions of employment.
The Employer hereby recognizes the Dade County Police Benevolent Association as the
collective bargaining agent for all permanent full-time sworn police personnel of the rank of police
officer, and police sergeant, including probationary employees, but excluding all other employees
of the City of South Miami, including the Chief of Police, Police Captain, Police Lieutenants, and
the Internal Affairs Sergeants. The parties hereto agree to jointly petition the Public Employees
Relations Commission to clarify the bargaining unit by removing the reference to -Internal Affairs
Sergeants" and by adding "Police Majors" to the list of excluded positions.
There shall be no discrimination, interference, restraint, or coercion by the Employer or
the Association against any employee because of Association membership or non-membership, or
because of race, creed, color, sex, marital status or national origin. All reference to employees in
this Agreement designate both sexes and wherever the male gender is used it shall be construed to
include male and female employees.
Any member of the Association, who has submitted a properly executed dues
authorization card or written statement to the City MAnager or his designee in accordance . with a
format prescribed or approved by the City may, by request in writing have his membership dues in
the Association deducted from his wages. Dues shall be deducted each bi-weekly pay period, and
shall, thereafter, be transmitted to the Association. However, the City shall have no responsibility
or any liability for any 'monies once sent to the Association, nor shall the City have any
responsibility or any liability for the improper deduction of dues. 'Further, the Association shall
hold the City harmless for non-intentional errors in the administration of the dues deduction
system.
It shall be the responsibility Of the Association to notify the City Manager or his designee
of any change in the amount of dues to be deducted at least thirty (30) days in advance of said
change. Under no circumstances shall the City be required to deduct Association fines, penalties,
or assessments from the wages of any member.
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 his wages.
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1. Two members of the Association shall be allowed to attend bargaining sessions for
the purpose of re-negotiating this Agreement without loss of pay, should the meeting take place
while the member is on duty, if approved in advance by the Chief of Police. Should the member
be off duty during a bargaining session, he shall not be entitled to any compensation. All
bargaining sessions shall be set by mutual agreement between the parties.
2. The Association Representative shall be allowed to process grievances without
loss of pay, should such processing take place while the Association Representative is on duty.
There shall be a cap of one (1) hour total time which the Association Representative may spend
on any one grievance. It is understood and agreed, however, that the foregoing is subject to the
manpower needs of the Department at all time.
3. The Association Representative shall be allowed to attend the Dade County PBA
Board of Directors meeting once a month without loss of pay or loss of leave time, should the
meeting take place while the Association Representative is on duty.
2. The City will allow the Association and its representatives reasonable access to the
City Commission Chambers for the conducting of Association business when such facility is not in
normal use, upon (5) days written request therefore to the City Manager or his designee.
3. The City will provide a mailbox for each employee for use by the City and the
Association to distribute mail and other communications. e afores ..
ns The aid mailboxes may be used
by the Association strictly for the Purpose of transmitting material of an informational nature, and
shall not be used for the purpose of communicating material tending to, directly or indirectly,
disparage any elected or appointed official of the City.
4. Upon written request by the Association, the City will provide, on a semi-annual
basis, a complete roster of a bargaining unit, including name,, rank address, telephone number,
social security number and current pay scale.
JR,
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1. Employees covered by this Agreement shall have the right to inspect his official
personnel file and/or his closed Internal Affairs file. The employee shall have the right to make
duplicate copies of any items in his official files, upon payment of the usual charge therefore.
2. Employees covered by this Agreement shall receive copies of any disparaging
items which are placed in the employee's official personnel file. Employees covered by this
Agreement shall also have the fight to add written responses to any such disparaging items which
are placed in the employee's official personnel file. All written responses shall be sent to the Chief
of Police via chain of command not more than 10 business days following the day of receipt by
the employee.
3. To the extent permitted by law, all personnel records of the employees shall be
kept confidential and shall not be released to any person except: authorized officials of the City,
or in response to a subpoena from a court of competent jurisdiction, or upon written authorization
from the employee. In this regard, the PEA recognizes the City's obligation to comply with
Chapter 119, Florida Statutes.
4. At no time shall the news media be directly or indirectly furnished with the home
address, telephone number or photograph of any employee or relatives without his express written
consent.
5. The City shall purge all records of counselings and oral warnings from employees'
personnel files after five (5) years of service without receiving further related counselings or oral
warnings. Such documents shall be kept in a separate file.
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The parties recognize that the security of the City and its citizens depends to a great extent
upon the manner in which the employees covered by this Agreement perform their various duties.
Further, the parties recognize that the performance of such duties involves those employees in an
manner of contacts and relationships with the public and out of such contacts and relationships,
questions may arise or complaints may be made concerning the actions of employees covered by
this Agreement. Investigation of such questions and complaints must necessarily be conducted
by, or under the direction of, departmental supervisory officials whose primary concern must be
the security of the City and the preservation of the public interest.
In order to maintain the security of the City and protect the interests of its citizens, the
parties agree that the City must have the unrestricted right to conduct investigations of citizens,
complaints and matters of internal security, provided, however, that any investigative
interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or
matter . of internal security shall be conducted under the following conditions:
A. The interrogation shall be conducted at a reasonable hour, preferably at a time
when the employee is on duty, unless the seriousness of the investigation is of such a degree that
immediate action is required.
B. The employee under investigation shall be informed of the nature of the
investigation prior to any interrogation, and he shall be informed of the name of all complaints, if
known to the Department.
C.- The employee under investigation shall be informed of the rank, name, and
command of the officer in charge of the investigation, the interrogating officer, and A persons
present during the interrogation. All questions directed to the employee under investigation shall
be asked by and through one (1) interrogator at any one time.
D. Interrogation sessions shall be for reasonable periods and shall be timed to allow
for such rest periods as are necessary. All interrogations will be held at the headquarters of the
South Miami Police Department, insofar as possible.
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E. Any employee under investigation shall be informed of the right to be represented
by counsel or any other representative of his choice who -shall be present at all times during such
interrogations whenever the interrogations relate to the employee's continued fitness for law
enforcement services.
F. The formal interrogations of an employee, including all recess periods, shall be
recorded, and there shall be no unrecorded questions or statements.
G. If the employee under interrogation is under arrest or is likely to be placed under
arrest as a result of the interrogations, he shall be completely informed of all of his rights prior to
the commencement of the interrogation.
H. During interrogations covered hereunder, questions shall be limited to the
circumstances surrounding the allegations, which are the subject of the investigation.
I. In the interest of internal security and fairness to the employee under investigation,
the City, insofar as is legally permissible, agrees to make no conclusionary statements concerning
the validity of the allegations under investigation until such time as the investigation, or any
organization or person representing said employee makes public statements concerning the
allegations under investigation, the City shall have the right to respond in any manner it deems
appropriate.
J. Upon payment of the * cost involved, an employee under investigation may obtain a
copy of any written statement he has executed.
K. The employee shall not be subjected to any offensive language, nor shall he be
threatened with transfer, dismissal, or other disciplinary measures. No promise of reward shall be
made as an inducement to answering questions.
L. No employee may be compelled to testify before, or be questioned by any non-
governmental agency unless under proper court subpoena.
M. The following procedure shall be followed with regard to the administration of
polygraph examinations. If a citizen . files a complaint against an employee or employees covered
by this Agreement and signs an affidavit acknowledging that he/she will take a
polygraph examination concerning said complaint, the City may request that the employee or
employees in question also take a Polygraph examination concerning the complaint. In the event
an employee in question agrees to take a Polygraph examination concerning the complaint, the
City agrees not to administer the examination unless first successfully taken by the complainant.
For the purpose of this paragraph, "successfully taken" shall be defined as the examiner's opinion
that the complainant's polygrams; do not reflect reactions normally indicative of deception in his
responses to the pertinent test questions. The City will not order or require any employee to
submit to a polygraph examination or PSE test.
N. The City agrees that no adverse action will be taken against any employee who
exercises the rights provided for in this Article.
0. An employee relieved from duty for internal investigatory purposes will remain on
full pay and benefits until official disciplinary action is taken or the allegations are held to be
unfounded.
P. Upon conclusion of an internal review investigation, employees, designated as
subjects, shall be given a written disposition of said investigation.
Q. Not sustained or unfounded letters of complaint from citizens r tiz will not be inserted
into an officer's Official Personnel records.
R- The Charge Of "conduct unbecoming" and all similar vague charges will not be
used by the City unless further substantiated by specific charges.
S. Should disciplinary action result from an internal investigation, an employee may,
at the option of the Chief of Police, be allowed to use vacation time to satisfy a suspension which
is for five (5) days or less.
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1. Seniority shall consist of continuous accumulated paid service by classification
with the City. Seniority shall be computed from the date of appointment to the classification and
shall accumulate during paid absences because of illness, injury, vacation, military or other
authorized compensated leave. In the event bargaining unit employees have the same seniority
by classification, ' seniority shall then be determined in the following descending order: Date of
Hire by Department/Date of Hire by City/Draw Lag.
2. Non-probationary patrol officers and sergeants shall bid (semi-annually) for their
choice of shift assignments and days-off. Days-off are not bid until shift assignments are set,
including the Chief's mandatory assignments if any, a I re set. The deter-mining factor in said bid
process shall be each employee's seniority as defined in paragraph 91 above. In order to meet
department operational needs, the Chief may, at his discretion, make no more than two specific
assignments to each shift (during the semi-annual bid process) beginning with the first shift
change of 1999, in order to assure proper allocation of personnel resources. The Chief's
assignment of two officers is without regard to seniority and appealable only to the City
Manager.
3. A seniority list by shift and work assignment shall be established and shall be
utilized when the department calls in for or holds over personnel, except in emergency or
unusual situations.
4. Vacancies in specialized units shall be filled b y permanent employees in all cases
unless 'no permanent employee can demonstrate the experience or potential to properly function
in such assignment. Should no permanent employee demonstrate said capacity, probationary
employees may be considered. Assignment determinations shall be made by a selection panel
appointed by the Chief and are not grievable.
S. In the event of a layoff for any reason, employees shall be laid off in the inverse
order of their seniority in their classification. Any employee to be laid off who has advanced to
his present classification from a lower classification in which he held a permanent appointment,
shall be given a position in a lower classification in the same Department.
His seniority in the lower classification shall be established according to the date of his permanent
appointment to the classification. Employees shall be called back from layoffs according to the
seniority in the classification from which the employee was laid off. No new employee shall be
hired in any classification until all employees on lay-off status in that classification have had an
opportunity to return to work (for which he/she is qualified). Written notice of recall shall be sent
by certified mail to the employee's last known address, as long as the employee is stiff qualified to
be an officer. Recalled employees shall notify the Employer if they desire to return to work within
ten (10) days of receipt of recall notice, and must return to work within twenty-one (2 1) days
from receipt of recall notice. An employee will be kept on I the call-back list for two (2) years.
6. Upon application to the Chief of Police, employees may 'exchange shifts, provided
that:
A. The shift exchange is between employees of like rank and experience.
B. The shift exchange is requested in writing at least five (5) days in advance by both
employees involved in the exchange.
7. When a vacancy occurs on a patrol shift, the entire shift shall re-bid days off no
later than two weeks after the vacancy has been filled. This provision shall apply only to the shift
on which the vacancy occurs and not to any other shifts.. The re-bidding provisions al I so do not
apply should the Chief of Police approve an exchange of shifts as provided for in Section 5 of this
Article and shall not apply if the vacancy is filled within one (1) month of the next shift/days off
picked.
8. The Chief retains the right to transfer employees from shift to shift to meet arising
operational needs. After a transfer between shifts, days off will be re-bid if the new assignee is
junior to others on that shift. Shift transfers are appealable via . the chain of command to the Chief
of Police. Denial of a shift transfer appeal shall be given in writing with the specific departmental
needs identified. Bargaining unit employees may exercise an appeal to the City Manager within
five days, in writing, identifying their concerns.
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The City manager will review the employees(s) concern(s) and will render a final decision which is
not grievable. This section shall not exclude or hinder a bargaining unit employee from utilizing
Section 6, A, B, of this article.
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 make reasonable efforts to keep the vehicles
cleaned and fueled.
2. The City shall, insofar as possible, equip its marked patrol vehicles with rotating
emergency fights, siren, alley light, two-way mobile radio, first-aid kit -and fire extinguishers.
3. The City shall furnish riot helmets and gas masks individually to all uniformed
officers and sergeants.
1. Whenever a budgeted promotional vacancy exists in a- police sergeant
classification, the City shall fill such vacancy within thirty (30) days from an existing eligibility list,
if a valid eligibility fist is in existence. A promotional eligibility list will expire two years from the
date of the examination which led to its creation.
2. Promotional examinations shall be validated in accordance with validation
standards and techniques as established by the Chief of Police. Criteria to be used by the Chief of
Police for promotions shall be promulgated and ' distributed to the bargaining unit at least forty-
five (45) days prior to any examination.
3. The City will list the areas which the examinations will cover and the sources from
which the examination is drawn.
4. The probationary period of employees promoted to sergeant shall be one (1) year.
Such employees shall have no right to utilize the procedures of the Personnel Board, nor have any
other right of review or appeal, concerning demotion.
5. Employees shall be eligible to take a promotional examination after four years of
service as a police officer in the South Mami Police Department.
6. The Chief of Police will have authority to promote any of the three top ranked
candidates on the eligibility list.
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1. Employees who are required to attend off-duty weapons training will be
compensated at the rate of time and one-half his regular straight-time rate. However, an
employee who has not AgWally worked a forty (40) hour workweek will be compensated for his
attendance at off- duty weapons training at his regular straight-time rate.
2. The City will provide each employee a copy of training bulletins. Additionally, the
City will promptly post in a prominent place, City training bulletins as well as approved training
advertisements.
3. The City agrees to pay for any course at the Southeast Florida Institute of Criminal
Justice (located at Miami-Dade North Community College) which 'employees are required . to
attend. The City agrees to provide at least fdrty (40) hours of training every four years to meet
Florida statutory certification requirements. The City may provide additional training in its
discretion.
4. Employees who are required by the, City to attend off-duty training shall be
compensated at the rate of time and one-half of regular straight-time rate. The City shall have the
right to change or alter work schedules in order to avoid overtime when scheduling training.
Insofar as possible, the City shall 'give forty-eight (48) hours notice to employees of such off-duty
training. However, individual employees may waive such notice.
. 1 5. Employees covered by this Agreement who are temporarily assigned to a higher
rank for at least three (3) work days shall receive the wages of their acting rank for the time spent
working in the higher rank beginning
with the first day of said assignment. The foregoing
contemplates continuous service for the three -(3) -day period'.
6. The City shall attempt to provide weapons training for all employees, but in no
event will such training be less than once annually. This training is in addition to the training
provided under paragraph 11.3. Upon qualification and a demonstration of proficiency,
employees shall be Permitted to carry, on duty, semiautomatic weapons which have been
approved by the Department and in accordance with Article 30. The department will make
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every reasonable effort to facilitate the employee attending the firearms range during his normal
working hours. In the event the department is unable to schedule the employee to attend the
firing range during his normal working hours, the employee may be required to attend the firing
range during his off duty hours; provided, however, that the actual time spent by the employee in
acquiring such training during his ofd duty hours shall be compensated in accordance with the
hours and overtime provisions contained herein. The City agrees to provide ammunition for
firearms training.
7. Insofar as possible, the City agrees to continue its present training programs for
the duration of this Agreement.
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 this Article, a grievance is
defined as, and limited to, any dispute, difference or controversy
application of this Agreement. f rsy involving the interpretation and
2. Every effort will be made by the parties to settle any grievance as expeditiously as
possible. Should the grieving party fail to observe the time limits as set out in the steps of this
Article, his grievance shall be considered conclusively abandoned. An*y grievance not answered
by management within the prescribed time limits shall automatically' advance to the next higher
step.
3. Grievances shall be presented in the following manner.
STEP 1: The employee shall first take up his grievance with the Division
Commander within seven (7) calendar days of the occurrence of the event(s) which gave rise to
the grievance, or within seven (7) calendar days after the employee's return to work from
authorized leave, as the case may be. This first step (between, the employee and his immediate
supervisor) shall be on an informal and oral basis and shall not involve the Association or any
other representative of the employee;
STEP 2: Any grievance which cannot be satisfactorily settled with the
Division Commander shall be reduced to writing by the employee and shaft next be taken to the
supervisor above the Division Commander. Such grievance shall be presented to this supervisor
in writing within seven (7) calendar days of the deadline date for completion of Step 1. The
supervisor shall, within ten (10) calendar days after presentation of the grievance (or such longer
period of time as is mutually agreed upon), render his decision on the grievance in writing;
STEP 3: Any grievance which cannot be satisfactorily settled with the
previous supervisor shall next be taken up with the Chief of Police, or his designee, either through
a representative of the Association and the employee, or by the employee himself at the
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employee's option. The grievance as specified in writing in Step 2 shall be discussed by and
between the employee (or the representative of the Association and the employee) and the Chief
of Police, or his designee, within seven (7) calendar days after the completion of Step 2. The
Chief of Police, or his designee, shall within ten (10) calendar days after this discussion (or such
longer period of time as is mutually agreed upon), render his decision in writing, with a copy to
the Association;
STEP 4: In the event the employee is not satisfied with the disposition of the
grievance in Step 3, he shall have the right to appeal the Chief of Police's decision to the City
Manager or his designee within seven (7) calendar days of the date of issuance of the Chief of
Police's decision. Such appeal must be accompanied by the filing of a copy of the original written
grievance together with a letter signed by the employee, or, at the employee's option, the
representative of the Association, requesting that the Chief of Police's decision be reversed or
modified. The City Manager shall, within ten (10) working days of the appeal (or some longer
period of time as is mutually agreed upon) render his decision in writing with a copy to the
Association.
4. Where a grievance is general in nature in that it applies to a number of employees
rather than a single employee, or if the grievance is directly between the Association and the
Department or the City, such grievance shall be presented in writing directly to the Chief of Police
within ten (10) calendar days of the occurrence of the event(s) which gave rise to the grievance.
The grievance shall be signed by the aggrieved employees or the president or the representative of
the Association. Thereafter, the grievance shall be processed in accordance with the procedures
set f6ith in Step 3 and Step 4.
5. Where a grievance involves discharge, suspension, demotion, or other disciplinary
action invoked by the City, such grievance shall be filed at Step 4 within ten (10) calendar days
from the date of receipt of the discipline notice. Probationary sergeants shall have no right to
appeal demotion. The probationary period of newly hired or promoted employees shall be one (1)
year.
6. In the event a grievance processed through the grievance procedure has not been
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resolved at Step 4 above, either Party may request that the grievance be submitted to arbitration
within fifteen (15) calendar days after the City A4anager, or his designee, renders a written
decision on the grievance. The arbitrator may be any impartial person mutually agreed upon by
and between the parties. However, in the event the parties are unable to agree upon said impartial
arbitrator, the parties shall jointly request the American Arbitration Association to furnish a panel
of five (5) names from which each party shall have the option of striking two (2) names in
alternating fashion, thus leaving the fifth, which will give a neutral or impartial arbitrator. The
party requesting arbitration will strike the first name.
7. The City and employee (or the Association) shall mutually agree in writing as to
the statement of the grievance, to be arbitrated prior to the arbitration 'hearing, and the arbitrator,
thereafter, shall confine his decision to the particular grievance thus specified. In the event the
parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the
arbitrator will confine his consideration and determination to the written statement . of the
grievance presented in Step 2 of the grievance procedure. The arbitrator shall have 'no authority
to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any
part thereof or amendment thereto. The arbitrators have no authority to consider or rule
upon any matter which is stated in this Agreement not to be subject to arbitration or which is not
a grievance as defined in this Agreement; nor shall this collective bargaining . agreement be
construed by the arbitrator to supersede applicable laws in existence at the time of signing of this
Agreement, except to the extent as specifically provided herein-
8. Each party shall bear the expense of its own witnesses and of its own
representatives for purposes of the arbitration hearing. The impartial arbitrator's fee and related
expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the
parties. Any party desiring a transcript of the hearing shall, bear the cost of such transcript unless
both parties mutually agree to share the said cost.'
9. The parties shall make their choice of the impartial arbitrator within seven (7)
calendar days after receipt of the panel from the American Arbitration Association. Copies of
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the arbitrator's award made in accordance with the jurisdiction and authority under this
Agreement shall be furnished to both parties within thirty (30) days of the close of the arbitration
hearing. The arbitrator's award shall be final and binding on the parties.
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1. The below-fisted paid holidays shall be granted under the following conditions:
January I ................................................. New Year's Day
3'd Monday of January .................................. Martin Luther King's Birthday
May30 .......................
July 4 ...........................
V Monday of September ..
November 11 ................
Last Thursday in November
Friday after Thanksgiving
V2 day December 24 ........
December 25 ................
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Eve
Christmas Day
Birthday .................................................... After I year continuous service
I Floating Holiday ........................................ Berl year continuous service
2. Where observance of these holidays may interfere with the work schedule, such
observance on an alternate date may be made at the department head's discretion, with the
approval of the City Manager. In such circumstances, an employee shall receive, at the
employee's option, an additional day's pay at his straight-time rate of pay, or compensatory time
at his straight-time rate of pay.
3. When a holiday fiffls on the regularly assigned day off for an employee, such
employee shall receive, at the employee's option, an additional day's pay at his straight-time rate
of pay, or compensatory time at his straight-time rate of pay.
4. When a holiday Ms on a Sunday, the following Monday shall be observed and
when it falls on a Saturday, the preceding Friday shall, be observed.
5. Each employee shall be entitled to a day o� with pay, for his birthday each year,
following one (1) year of continuous employment. The day off must be approved by the
supervisor.
6. Each employee shall be entitled to a day off, with pay, as a floating holiday each
year, following one (1) year of continuous employment. The day off must be approved by the
supervisor.
- LRAM,
L 1 Sick leave shall be granted to employees for absence because of
(a) Personal illness Or Physical disability resulting in the incapacity of the employee to
perform the regular duties of his Position and not arising from a service-connected injury or
accident.
(b) Medical, dental or Optical treatments and examinations.
(c) Personal illness or -Physical disability resulting in the incapacity of the employee to
perform the usual duties Of his Position and arising from a service-connected injury or accident,
but only after all available disability benefits offered under Workmen's. Compensation are.
exhausted, provided further that use of sick leave in this manner shall be at the employee's request
and is not mandatory.
2. Employees shall be credited with one (1) day of sick leave at the end of each
month during the year.
3. Sick leave may be taken only to the extent that it is accrued. No advance sick
leave shall be granted except in an emergency and upon approval of the City Manager-
4. All current employees, as of October 1, 1995, will retain cur-rent Payout provision
upon termination of employment, and will have no cap on sick leave accrual.
All employees hired after October 1, 1995, shall receive no sick leave payout upon
termination, but will have a "no-cap" maximum on sick leave accrual.
All employees who have attained a sick leave balance of a minimum 72 days (576)
hours shall be eligible, on their first anniversary date fOHOWm-- 9 that accumulation to convert 50%
of up to 8 days of their annual unused sick leave balance in excess of 576 hours to vacation leave.
Any employee who uses in excess of 32 hours of sick leave during a one-year period will not be
eligible for this benefit. The catastrophic illness bank will be abolished and accrued hours will be
returned to employee who has accrued this leave.
S. An employee whose service with the City is terminated and who has taken sick
leave that is unearned at the date of termination, shall reimburse the City for all salary paid in
connection with such unearned leave, except in cases where the employment is terminated by
ME M-I
the death of an employee, or in cases where an employee is unable to return to duty because of his
disability, the evidence of which shall be supported by an acceptable medical certificate.
6. In all cases of absence on sick leave in excess of three (3) work days and in cases
of absence on sick leave for any period less than three (3) work days when the Personnel
Department or Department Head shall so direct, the written request for sick leave shall be
accompanied by a certificate signed by the physician or other licensed medical practitioner treating
the employee, certifying as to the incapacity of the employee during such period to perform the
usual duties of his position. Such directives shall be valid and in force for a period not to exceed
four (4) months. The Personnel Department or Chief may issue additional directives not to
exceed four (4) months in duration, in their discretion. The issuance of all such directives may be
appealed to the City Manager. Failure to furnish such a medical certificate for absences in excess
of three (3) work days, or for any absence when so directed by the department head or Personnel
Department, shall result in the absence being charged to the vacation leave of the employee.
7. Employees hired prior to October 1, 1995, who voluntarily terminate employment
from the City, shall receive payment for leave deposited in the sick leave bank in accordance with
following schedule:
After 5 years of continuous service - - 25%
After 10 years of continuous service - - 50%
After 15 years of continuous service - - 75%
After 20 years of continuous service - - 100%
8. 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.
9. In the event an employee is killed in the line of duty, or a death by natural causes,
his heirs shall receive one-hundred percent (100%) of his accumulated sick leave time.
1. Employees covered by this Agreement. shall be entitled to funeral leave with pay up
to a maximum of three (3) work days in the event of a death in the employee's family. One
additional day of leave may be granted if travel in excess of 350 miles one way is necessary.
2. Th I e immediate family shall be defined as wife or husband, grandparents, parents,
children, grandchildren, brothers, sisters, father-in-law, mother-in-laws, brother-in-law and sister-
in-law.
3. Proof of death in the immediate fan-ffly in the form of death certificate or public
obituary must be provided to the City Manager or his designee before compensation is approved.
4. Funeral leave shall not be charged to sick leave or annual leav6.
1. "No Pay" leave may be granted by the City Manager for a period not to exceed six
(6) calendar months to enable the employee to receive professional or technical training which will
improve his work upon his return to service, or because of the employee's extended illness or
non-job-related disability. Maternity leave shall be treated the same as any other extended illness
or non-job-related disability. 'No Pay" leave may be granted by the City Manager to an employee
for a period not to exceed one (1) calendar month for any other purpose.
2. "No Pay" leave granted to any employee shall not to be -charged against vacation
leave, but entry thereof shall be made upon the leave records of such employee.
3. Any employee granted leave without pay for six (6) months or more shall be
entitled to be placed by the City only if a job position is available, it being clearly understood that
if the job position last held has been filled or eliminated, the City will make every effort to place
the employee in another job position for which said employee qualifies. If placed in another job
position, said employee shall be entitled only to the wage scale for such new position. If no job
position is available, the City will give priority to said employee as soon as a new job position for
which the employee qualifies, is available.
1. The term "Vacation Leave" shall be used to designate leave with pay granted to an
employee on the following prorated basis:
Years of Uninterrupted Service Amount of Vacation
I to 5 years inclusive 2-215 weeks or 12 working days*
6 to 14 years inclusive 3 weeks or 15 working days
15 to 19 years inclusive 3-3/5 weeks or 18 working days
20 years and over
4-1/5 weeks or 21 working days
(a) Vacation shall require approval . of the Chief of Police or his designee, and at no
time shall an employee be allowed to use more vacation leave than has been accumulated.
-(b) Earned vacation time i . s principally intended for use during the year in which it is
earned. Under exceptional circumstances and upon written request within the Year in which the
vacation time is earned, such time may be used up to 30 days past the employee's anniversary
date with the written approval of the City Manager.
(C) Vacation leave may be taken to the extent that it is earned by the employee,
subject to the prior approval of the Chief of Police, upon written application by the . employee in
advance, and at the convenience of the City.
(d) Any earned and credited vacation leave to the credit of an employee when
terminating employment with the City will be paid prorated at the employee's current rate of pay
with the last paycheck received.
2. An
employee may request his vacation pay checks in advance of scheduled
vacation pay by submitting a written request to the City's Payroll Department at least two (2)
weeks prior to starting his vacation.
3. Employees will be permitted to split their vacation dates at the discretion of the
Police Chief.
WRIM
I 1 2 .
1. Police Officers authorized by the Chief of Police to perform extra-duty police
employment shall receive the hourly rate prescribed by Metro-Dade for each hour worked.
Sergeants, when acting as supervisors as authorized by the Chief of Police to perform extra duty
police employment shall receive the hourly rate prescribed by Metro-Dade for each hour worked.
The minimum time charge will be three (3) hours.
2. The City will furnish, if available, a hand-held radio unit to an employee working
approved extra-duty detail.
3. Any employee who may be injured while acting in the scope of such employment
shall be entitled to the same rights, privileges, benefits and workers' compensation as if on duty
provided that such extra-duty employment is authorized by the Chief of Police.
4. The parties agree to the formation of a committee to promulgate recommendations
for a fair and equitable system of allotting extra duty work. This Committee shall consist of
members of the collective bargaining unit (selected by the PBA), staff and management of the
police department.
1. The parties will form an insurance committee which will review problems with the
carrier, and will ' assist in the creation of a Request for Proposals for future health program
coverage. When necessary, it will assist in evaluating the proposal from carriers and in the
creation of the recommendation of the proposals.
MKIME
M
The following provisions shall govern hours of work and overtime:
1. Forty (40) hours shall constitute a normal workweek for an employee covered by
this Agreement. Nothing herein shall guarantee any employee payment for a forty (40) hour
work-week unless the employee actually works forty (40) hours or his actual hours worked and his
authorized compensated leave totals forty (40) hours or, except as provided in paragraph 3
below, and eight (8) hour day, shall be compensated at the rate of time and one-half of the
employee's regular straight-time rate.
2. During any given calendar year, should an employee covered by this Agreement
use more than six (6) days of sick leave, sick leave shall not be considered authorized
compensated leave for purposes of computing eligibility for overtime pay for the remainder of that
calendar year, nor shall hours worked in excess of an eight (8) hour day be compensated at the
rate of time and one-half the employee's straight time rate of pay unless the employee actually
works in excess of forty (40) hours during that workweek which shall be defined as actual hours
worked, annual leave, compensatory leave and, except as provided in this paragraph, sick leave.
Such restriction shall also apply to the eight (8 ) hour day provision contained in paragraphs 4 and
5 below.
3. If an employee covered by this Agreement is called out to work at a time outside
his normal working hours, he shall receive a minimum of three (3) hours' pay at the rate of time
and one-half his regular-straight time. However, an employee who has not worked a forty (40)
hour workweek or an eight (8) hour day will shall be compensated for the call out at his regular
straight-time rate.
4. Employees who are required to make ofd duty court appearances as a subpoenaed
witness in the federal or state courts or as a deponent in pending criminal, civil or traffic cases
involving or arising out of the discharge of the employee's duties in the course of his employment
with the City will receive a minimum of three (3) hours pay at the rate of time and one-half his
regular straight-time rate. However, an employee who has not worked a forty (40) hour
workweek or an eight (8) hour day will shall be compensated for the off-duty appearance at
his regular straight-time rate. Employees shall be allowed to retain witness and travel fees
received for court and deposition appearances.
5. Insofar as possible, employees covered by this Agreement shall be given forty-
eight (48) hours notice of any changes in their regular hours of work. Further, insofar as possible,
the Department will avoid scheduling an employee to work on continuous shifts. Should an
employee be scheduled to work continuous shifts, his days off may be adjusted within the same
pay period by the Department. Employees shall be given two (2) weeks notice of normal shift
change.
6. No supervisor or official shall take action to cause the 'non-payment of overtime in
circumstances wherein an employee covered by this Agreement has performed work, which
entitles him to payment of overtime: provided that nothing herein shall restrict the City or the
Department from altering work schedules or taking any other action to reduce the number of
overtime, court time, or call-out hour's worked by the employee covered by this Agreement.
7. The Department reserves the right to institute any procedure or system it deems
appropriate to measure, record and/or verify attendance at and duration of off-duty court
appearances. Strict compliance with any procedure or system so instituted by the Department
shall be a condition precedent to obtaining compensation for an off-duty court appearance under
Paragraph 4 above.
8. Compensatory time shall be administered in accordance with the following
guidelines:
(a) Compensatory leave may be accrued to a maximum of one hundred twenty
hours. Current employees, on 0
ctober 1, 1995, who have an accrual in excess of the 100 hour
cap will be "grandfathered" to allow them to retain their accrued balance. However, such
employees shall not be eligible for accrual of any additional compensatory leave until their balance
falls below the 120 hour cap.
(b) * Compensatory leave may be taken in unlimited blocks of time, provided
operational needs have been met, as determined by the Chief of Police. In the event of
disapproval, the written response shall contain a specific explanation of the operational needs
Wm
that cannot be met.
(c) Compensatory leave shall be requested in writing at least one (1) week
prior to the effective date of requested leave. Approval or disapproval shall be made in writing
within seventy-two (72) hours after the request is submitted. Under exceptional circumstances as
approved by the Chief of Police, the time limits for request of compensatory leave may be waived
(d) Once approved, compensatory leave will not be canceled by the Employer
unless an emergency situation as determined by the Chief of Police exists.
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1. The Association and its members recognize that the City has the exclusive right to
manage and direct all Of its Operations. Accordingly, the City specifically, but not by way of
limitation, reserves the exclusive right to:
A. Decide the scope of service to be performed and the method of service;
B. Hire and/or otherwise determine the qualifications of employees and the
criteria and standards for employment;
C. Fire, demote, suspend or otherwise discipline employees for proper cause;
D. Promote and determine the qualifications of employees;
E. Lay off and/or relieve employees from duty due to lack of work,
F. Transfer employees from location to location and from time to time;
G. Rehire employees;
H. Determine the starting and quitting time and the numbers of hours and
shifts to be worked subject to Article 20;
*
Determine the allocation and content ofjob classifications;
J. Formulate and/or amend job descriptions;
K. Merge, consolidate, expand, or curtail or discontinue temporarily or
permanently, in whole or in part, operations whenever in the sole discretion of the City good
business judgment makes such curtailment or discontinuance advisable,
L. Contract and/or subcontract any existing or future work,
M. Expand, reduce, alter, combine, assign, or cease any job;
N. Determine whether and to what extent the work required in its operation
shall be performed by employees covered by this Agreement;
0. Control the use of equipment and property of the City;
P. Determine the number, location, and operation of headquarters, annexes,
substations and divisions thereof;
Q. Schedule and assign the work to the employees and to determine the size
and composition of the work force;
IRM
R. Determine the services to be provided to the public and the maintenance
procedures, materials, facilities, and equipment to be used, and to introduce new or improved
services, maintenance procedures, materials, facilities and equipment;
S. Take whatever action may be necessary to carry out the mission and
responsibilities of the City in emergency situations;
regulations;
T. Formulate, amend, revise and implement policy, programs, rules and
U. Have complete authority to exercise those rights and powers that are
incidental to the rights and powers enumerated above, including the right to make
unilateral changes.
2 The above rights of the City are not all inclusive but indicate the type of
matters or rights which belong to and are inherent in the City as the employer. Any of the rights,
powers, and authority the City had prior to entering his collective bargaining agreement are
retained by the City, except as specifically abridged, delegated, granted or modified by this
agreement.
3. If the City fails to exercise any one or more of the above functions from time to
time, this will not be deemed a waiver of the City's right to exercise any or all of such functions.
- 35 -
1. The Association agrees that, under no circumstances, shall there be any work
stoppage, strike, sympathy strike, safety strike, jurisdictional dispute, walkout, sit-down stay-in,
sick-out or any other concerted failure or refusal to perform assigned work for any reason
whatsoever, or picketing in the furtherance of any of the above-prohibited activities, nor shall any
bargaining unit personnel refuse to cross .any picket line at any location, whether the picketing is
being done by the Association or any other employee organization or union.
2. The Association agrees that the City shall retain the right to discharge or otherwise
discipline some or all of the employees participating in or promoting any of the activities
enumerated in paragraph I above, and the exercise of such rights by the City will not be subject to
recourse under the grievance/arbitration process.
3. It is recognized by the parties that the activities enumerated in paragraphs I and 2
above, are contrary to the ideals of professionalism and to the City's community responsibility.
Accordingly, it is understood and agreed that in the event of any violation of this Article, the City
shall be entitled to seek and obtain legal and/or equitable relief in any court of competent
jurisdiction,
4. For the purpose of this Article, it is agreed that the Association shall be responsible
for any act committed by its officers, agent, and/or representatives which act constitutes a
violation of state law or the provision herein. In addition to all other rights and remedies available
to the City under state law, in the event of a breach of the provisions herein, the City shall have
the right to unilaterally and without further notice terminate this collective bargaining agreement,
withdraw recognition from the Association, and cease dues deductions.
MM
• M&NAV
A-3
The City will endeavor to provide a formal system of awards for various degrees of
outstanding service. Employees selected as Officer of the Month or Supervisor of the Month
shall receive official awards which are to be posted conspicuously in the Police Station and City
Hall. Additionally, formal recognition of employee's exceptional service shall be placed in
personnel files.
Any employee covered by this Agreement who presents official orders requiring his
attendance for a period of training or other active duty as a member of the United States Armed
Forces or the State of Florida National Guard shall be entitled to military leave for a period not to
exceed seventeen (17) calendar days annually, pursuant to Chapter 115.07, Florida Statutes.
Kill Itre,
Any employee authorized to use his private automobile in the performance of his 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.
- 39 -
wo
The City shall permit the Association to post notices of an informational nature and names
and addresses of officers, directors, and representatives of the Employee Organization on a 5' x 4'
bulletin board in the squad room at the police station. A copy of each notice to be posted shall be
transmitted to the Chief of Police or his designee prior to posting. Under no circumstances shall
the Association 'tender for posting any notice training material tending to, directly or indirectly,
disparage any elected or appointed official or employee of the City. An officer of the Association
shall sign each notice to be posted.
Should any provision of this Agreement or any part thereof, be rendered or declared
invalid by reason of any existing or subsequently enacted state or federal legislation, or by any
decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall
remain in full force and effect for the duration of this Agreement. Furthermore, should any
provision of this Agreement become invalid, as described above, the parties shall meet within
thirty (30) calendar days of such decision or legislation to discuss substitute provisions or
ramifications of such action of this Agreement.
1. Fiscal Year 1998-1999:
All employees covered by this Agreement shall receive a 6.5% across-the board
wage adjustment effective October 1, 1998.
2. Fiscal Year 1999-2000:
All employees covered by this Agreement shall receive a 4% across-the-board
wage adjustment effective October 1, 1999.
3. Fiscal Year 2000-2001:
All employees covered by this Agreement shall receive a 3.5% percent across-the-
board wage adjustment effective October 1, 2000.
4. Bargaining unit members shall receive, "special risk7 duty pay in the amount of
$15 biweekly, effective October 1, 1998; $20 biweekly, effective October 1, 1999 and $25
biweekly, effective October 1, 2000.
' 1 5. Bargaining unit employees who serve as Field Training Officers pursuant to the
criteria below will receive a 7% supplement during the time that the employee performs FTO
duties. In order to receive the FTO supplement, the employee must: (1) secure an FTO
certificate from the State of Florida, and (2) be assigned to and actually perform FTO duties.
Thus, employees will receive FTO pay only during those days in which the employee is at work, is
assigned to FTO duties and performs FTO duties. The 7% FTO supplement will be added to the
employee's base pay for the days during which the employee receives such supplement.
Br-ME
Except as specifically provided herein, neither party hereto shall be permitted to re-open
this Agreement or any part of this Agreement. This Agreement contains the entire agreement of
the parties on all matters relative to wages, hours, working conditions, and all other matters which
have been, or could have been negotiated by and between the parties prior to the execution of this
Agreement.
- 43 -
11,311MR,
1. Employees covered by this Agreement shall receive from the City upon
appointment, at no cost to the employee, a new uniform, which shall consist of the following:
(b) One (1) long sleeve shirt;
(c) Five (5) short sleeve shirts;
(d) Five (5) pairs of trousers;
(e) One (1) hat;
M Badge and name tag;
(g) Leather goods and accessories to include: handcuffs and case, cartridge case and
eighteen (18) shells, and holster,
(h) One (1) jacket with zip-out lining;
(i) Two (2) pairs police low quarter corfam shoes;
(j) Raingear;
(k) Upon employee's request, two Pairs of uniform shorts shall be issued.
The above items shall be replaced as needed, by the City, within a reasonable amount of
time from the employee's written request.
Such requests shall include the reason for replacement and is contingent upon approval of
the Division Commander via chain of command.
2. Employees who are required to wear non-issued' clothing will receive a clothing
allotment of four hundred seventy -five ($475-00) dollars annually. One-half (1/2) of said
allotment will be paid on the pay day nearest the 150' 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.
Uniformed employees covered under this Agreement will receive a clothing
allowance.-of two hundred seventy -five ($275.00) dollars annually. One-half (1/2) of said
allotment will be paid on the pay day nearest the 15th of December of each year and the other one-
half (1/2) will be paid on the pay day nearest the 15th of June of each year provided that the
employee is employed on said day.
Any employee who receives a clothing/uniform allowance in advance who
terminates employment, except for retirement, will have a prorated portion of that allowance
deducted from the final paycheck. No final paycheck will be given the terminated employee until
all city-owned property such as uniforms and equipment, ID, etc. has been returned to the City.
4. Each employee shall be provided with a bullet proof vest, as needed, in the sole
discretion of the City. The wearing of the vest will be at the option of employees, except in the
performance of specialized duties and/or as specifically directed by the Department.
5. Each officer (upon request) will be issued a surgical gloves and a plastic pocket
resuscitation mask for use in administering first aid. Such items shall be replaced as needed.
6. Employees maybe allowed to carry personally-owned shot-guns and ammunition
which conform to department standards once the employee is qualified for use in that weapon or
an identical weapon by a certified range master.
7. All personnel who intend to carry personal semi-automatic weapons on duty are
subject to the following conditions:
7.1 The officer must complete transitional training prior to obtaining approval to carry
the firearm as provided for in Article 11.3 - TRARSTING.
7.2 A request to carry the firearm shall be approved by the Chief of Police.
7.3 Firearm shall be inspected and approved by a department armorer.
7.4 Sworn personnel shall not modify authorized firearms.
7.5 Holster and ammunition clip holder shall be purchased (by employee) and
approved by the Chief of Police.
The officer shall complete a training course pertaining to the new firearm.
7.7 The officer shall qualify with firearm.
7.8 Firearms and magazines shall be carried with Department issue ammunition only.
7.9 The Department shall set forth the manufacturers and models approved for use.
8. Employees shall be issued PR-24 batons and shall receive appropriate training for
use of such batons prior to issuance. Employees shall also be issued ASP's with holsters and shall
receive appropriate training for use of such ASPs 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).
The City agrees to post non-promotional vacancies within the Department for a period of
three (3) days prior to the filling of the vacancy. However, it is understood and agreed that such
posting shall not be construed to require the appointment of Departmental personnel to such
vacancies. Further, the appointment of individuals to such vacancies shall remain within the sole
discretion of the Chief of Police or his designee, based upon the recommendation of a review
panel, except where Article 8, Section 3 of this Agreement provides for mandatory consideration
of seniority,
- 47 -
32.1 Employees will receive an electrocardiogram, eye exam, and physical examination
to include alcohol and drug screen testing at least once a year (12 months) Performed by a
physician selected by the City or when requested by the City. Scheduling of the above will be at
the discretion of the City, and the results will become part of the employee's permanent record.
The City will undertake the cost of the examination and will furnish the employee with a copy of
the examination report.
32.2 The City and the Association recognize that employee substance and alcohol
abuse may have and adverse impact on City government, the Departrne&'s operations, the image
of City'-'employees, and the general health, welfare and safety of the'employees and the general
public at-large. Therefore, the parties agree that the Department shall have the right and authority
to require employees- to submit to toxicology and alcohol testing designed to detect the presence
of any controlled substance, narcotic drug, or alcohol.
32.2.1 The Department agrees that requiring employees to submit to testing of this
nature shall be limited to circumstances where the employee's immediate supervisor and the
Police Chief or his designee have a reasonable belief that the employee is under the influence of
such substances, suffers from substance or alcohol abuse, or is in violation of the City's Personnel
Rules, Departmental Rules, and Regulations, and Florida Statutes regarding the use of such
substances. It is also understood I by the parties that the aforementioned authority to require an
employee to submit to such testing must also be approved by the Chief, if available, or his
designee within the Department or City.
32-2.2 It is. understood and agreed' that the tests conducted under this Article shah' be
aidniinistered in a purely employment context only as part of the City's legitimate inquiry into the
use of any controlled substance, narcotic drug, or alcohol by its employees.
32.2.3. An employee required to submit a mandatory test for the presence of alcohol or
illegal drugs shall be entitled to have a PBA or other employee representative present when the
breath analysis is conducted or the urine specimen is obtained. It is agreed and understood that
the breath analysis test will not be delayed longer than one (1) hour.
M�
32-3.4 All tests shall be analyzed in medical laboratories mutually agreed to by the City
and the Association, using recognized technologies. In the event and employee's test results are
positive, a second test, utilizing a different procedure, preferable the Gas Chromatography/Mass
Spectrometry (G C M S ) or comparable recognized testing method shall be conducted on the
same specimen to verify the initial test results. Employees shall receive the results of a positive
test within 12 hours of the City's receipt of the test results. Additionally, upon request the
employee shall be given a sample of the specimen tested.
32.2.5 The results of such tests shall be handled as part of an Internal Affairs
Investigation and are not to be made public unless required by law. The taking of a breath
analysis or urine specimen from an employee does not constitute an, interrogation within the
meaning of Section 11.2.532, etc., Florida Statutes (1987), unless questions are asked at the time
the test is conducted.
32.2.6 The results of such tests may result in disciplinary action, up to and including
dismissal, in accordance with the applicable provisions of the City Code, the City Personnel Rules,
and/or the Departmental Rules and Regulations. The employee may grieve the discipline through
the contract grievance procedure.
32.2.7 The parties agree that any employee refusing to submit to toxicology or alcohol
testing conducted in accordance with the provisions of this Article may result in disciplinary
action being taken against the employee up to and including dismissal.
32.3 In the event of an on-the-job injury to an employee, not as a result of negligence
by the employee, such employee will be carried at full pay and benefits for a period not to exceed
180 calendar days.
32.4 Any employee injured on the job shall be paid the full eight (8) hours wage for
the day of the accident if his treating physician advises that he should not return to work that day.
WSM
lF
1. Each bargaining unit employee who retires on length of service or medical
disability shall receive a one grade Promotion and shall be issued a badge and identification card
clearly marked "retired".
2. The following changes in retirement benefits are hereby agreed to:
b. Effective October 1, 1995, the benefit accrual rate (multiplier) shall be
increased from 1.9 to 2.25%;
C. Effective October 1, 1996, the benefit accrual rate (multiplier) shall be
increased from 2.25% to 2.50%;
d. Effective October 1, 1997, the benefit accrual rate (multiplier) shall, be
increased from 2.50% to 2.75%.
e. The multiplier factor to be applied at the time of retirement of each
bargaining unit employee shall be applied as follows:
i. For all years of service prior to October 1, 1993, the
multiplier shall be 1.61%. For services rendered during fiscal .year 1993-94 (October 1, 1993
through September 30, 1994), the multiplier shall be 1.8%. For services rendered during October
.1, 1994 through September 29, 1995, the multiplier shall be 1.90/0.
ll For services rendered from October 1, 1995 through
September 30, 1996, the multiplier shall .be 2.25%.
HL For services rendered from October 1, 1996 through
September 29, 1997,. the multiplier shall be 2.50%.
iv. For services rendered from September 30, 1997 forward,
the multiplier shall be 2.75%.
e. 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
WIIE
retirement plan who have, as of October 1, 1993, between ten (10) and twenty (20) years of
continuous service will be 100% vested.
f. The employee contribution to the retirement plan will be increased from
three percent (3%) to five percent (5%) effective October 1, 1993. Should the City contribution
be actuarially determined to exceed twelve percent (12%), both the City and the employees will
share equally the amount in excess of twelve percent (12%) g.y,.should the City contribution be
actuarially determined to be fourteen percent (14%), the City shall contribute a total of thirteen
percent (13%) and the employees shall contribute a total of six percent (6%).
9. The retirement plan will not be mandatory. However, should an employee
join the retirement system, he/she may only leave the system upon resignation or retirement. Each
fiscal year there will be a window for joining the retirement system, i.e., October I - October 31.
h. Final average compensation shall mean the participant's annual
compensation, as determined by the employer, acting in a uniform and nondiscriminatory manner
averaged over the last three (3) year period ending on the participant's retirement date, date of
disability, date of termination of employment, or date of termination of the plan, whichever is
applicable.
i. Normal Retirement Date
The normal retirement date (the earliest date a bargaining unit employee
may retire with full unreduced pension benefits) is attainment of age 55 and completion of 25
years of credited service or attainment of age 60 and completion of 10 years of credited service.
j. Employees covered by this Agreement shall be allowed to apply for
permission to purchase credit for active duty in the U. S. military service, up to a maximum of
four (4) years in the South Miami Retirement System, pursuant to procedures to be promulgated
by the City in consultation with the PBA.
k. Employees covered by this Agreement shall be allowed to apply for
permission to purchase credit for immediate past City service as a member of the bargaining unit
up to a maximum of five (5) years in the'South Miami Retirement System pursuant to procedures
to be promulgated by the City in consultation with the PBA.
Consultants to Prepare Langgage Changes.
The actuarial and technical language is to be prepared by the Wyatt
Company, approved by the City and the PBA, and adopted by the Pension Board.
2. Any condition or impairment of health of any police officer caused by
tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total disability
or death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be
shown by competent evidence.
3�
1. The City agrees to bear the cost of tuition for specialized education courses to
better equip the officers for the performance of the particular job and/or position in which they are
employed.
2. Every application for educational assistance shall be subject to the approval of the
Chief of Police and the City Manager. Such approval must be obtained at least thirty (30) days
prior to the beginning of any'course.
3. If any application is approved, guidelines for reimbursement . are as follows:
f. 50% reimbursement of the course cost for a grade of "C" or better for
undergraduate courses;
9- 50% reimbursement of the course cost for a grade of "B" or better for
graduate courses;
h. Any such reimbursement shall be made only upon submission of proof of
the grades as provided in sub-sections b and c above;
i. The credit hour cost of any courses approved shall be capped at the rate
used by local publicly-funded universities and/or community colleges.
4. Employees utilizing educational assistance must remain with the City for a period
of at least two years following completion of any reimbursed course, or said money must be
repaid to the City (amount may be deducted from final pay).
` 7 1
Rev.
AIR 420 t , , d Ali,
1. An employee who becomes pregnant must notify the Chief of Police as soon as she
receives a medical confirmation that she is pregnant. A pregnant employee is required to furnish a
letter from her physician which will state the anticipated delivery date, the amount of time the
employee may continue to work until the delivery and the types and limitations of duty to be
performed by the pregnant employee. At the recommendation of the employee's physician, the
pregnant employee may, in the discretion of the City, be placed on light duty status with the
approval of the Chief of Police or his designee"and the City Manager. In the event that a fight
duty position is not available at the police station, the pregnant employee may be utilized in other
City of South Miami offices at the discretion of the City Manager. The empl6yee's rate of pay
will remain the same.
2. Pregnant employees shall be granted disability leave on the same terms and
conditions as granted for other non-pregnancy related disabilities. Any bargaining unit employee
who becomes pregnant shall be entitled to unpaid maternity leave. Such maternity leave shall be
granted for a period of up top six (6) months. In the event that the pregnant employee has any
accrued annual leave, sick leave or comp time, she may use all or any part of the accrued leave at
her request in lieu of unpaid leave.
Off-Im
The City and the PBA concur that an Employee Assistance Program (EAP) would be of
great value in supporting the operations of the Police Department and to bolstering the welfare of
the Department's law enforcement personnel. Therefore, it is agreed that the City Manager and
the PBA unit representatives will meet, as needed, to develop an action plan to implement such a
program that is responsive to the needs of the bargaining unit and is affordable to the City.
lob"
Whenever the abolishment or merger of the police department is contemplated, the
Association shall be informed of such plans in advance and be given an opportunity to negotiate
concerning the impact of such abolishment or merger proposal upon this Agreement.
The abolishment or merger negotiations shall include discussion of provisions for the
placement of personnel in other departments or, in the alternative, severance benefits.
Mrm
Notwithstanding any other provision of this agreement, the PBA agrees, that the City may
take whatever actions may be necessary to comply with the Americans with Disabilities Act or the
Florida Civil Rights Act to provide reasonable - accommodation to individuals with disabilities as
required under those laws. To accomplish this, the City shall notify the PBA of the action it
intends to take to comply with the ADA or the Florida CRA- If the PBA disagrees with the
action contemplated by the City, the PBA shall immediately request negotiations with the . City to
resolve the issue and to determine the parties' mutual obligations to comply with these laws.
However, any contention or claim that the City violated any provision of the Americans with
Disabilities Act or the Florida Civil Rights Act shall be exclusively resolved through available
administrative or judicial remedies, and shall not be subject to the grievance procedure herein.
.ARTICLE 30 TV OF AGRFEM-ENT
1. Except as provided herein, all provisions of this agreement shall be of upon
ratification by the PBA and the City. This agreement shall remain in M force and effect until
and including September 30, 2001.
2. For the term of this agreement, either party may annually re-open one non-
economic item within this agreement by notifying the other in writing no later than July I of each
year (i.e. 1999 and 2000).
3. Both parties agree that the following items may be -opened. prior to the second
and third years of this agreement upon notice by either party no later than July I of t year
ear.
A. Four day, 10 hour workweek
B. Take home vehicle program
C. Retirement benefits
D. Family insurance (upon the completion of the City's study of the insurance
currently in existence and Proposals for change, but no later than the second year of this
agreement).
Date of Execution:L_Z,4I?F
Dade County Police Ben olent Association
By:
Dade County Police Benevolent Association
ATTEST:
City Clerk
Date of Execution:-
City of South Miami
By: Z&
City Manager
r,