10CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
THE CITY OF PLEASANT LIVING
To:
FROM:
DATE:
SUBJECT:
REQUEST:
BACKGROUND:
The Honorable Mayor and City Commission
Steven Alexander, City Manager
Agenda Item No .: /0 June 21, 2016
Contract between the City of South Miami and Miami-Dade County Police
Benevolent Association (Lieutenants & Captains).
A Resolution Approving and Authorizing The City Manager To Execute A Three
Year (October 1, 2015 -September 30, 2018) Agreement Between The Miami-
Dade County Police Benevolent Association Collective Bargaining Union
(Lieutenants & Captains) And The City of South Miami.
This Agreement covers the Police Captains and Lieutenants of the City of South
Miami Police Department. The negotiation sessions were very productive and
the parties were able to reach an Agreement on the terms and conditions of a
multi-year Collective Bargaining Agreement, effective October 1, 2015 through
September 30,2018. The major highlights and monetary benefit provided by the
Agreement and the associated costs are set forth below in the section entitled,
"Summary of Legislation."
Collective Bargaining Agreements (CBA) are entered into by the City and
each bargaining unit for the purpose of promoting harmonious
relations between the City and the members of the Union, establishing
clear and agreed upon procedures for the resolution of grievances,
insuring continuation of normal activities and Departmental operations,
settling differences that might arise, and setting forth the basic and full
agreement between the parties concerning rates of pay, wages , hours
of work and all other conditions of employment. The City currently has
three such bargaining units: AFSCME, representing a fraction of our
general employees; the Police Benevolent Association (PBA)
representing two bargaining units -the Captains and Lieutenants (Upper
Unit) and Sargent's and Officers (Lower Unit).
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Within the last three years, the City of South Miami Police Department has made strides and
achievements. With the concept of community policing as a core value, we have built
partnerships with our community to meet the challenges that living in a great metropolitan
area can pose.
Municipal Service Structures
One component of municipal service structure is the presence and quality of the rules and
expectations by which an Officer is guided and evaluated. One measurement of this type of
Police Department structural quality is accreditation by the Commission for Florida Law
Enforcement Accreditation, Inc., (CFLEA) which the South Miami Police Department achieved
for the first time in 2015. An accreditation program has long been recognized as a means of
maintaining the highest standards of professionalism. The accreditation process requires an in-
depth review of every aspect of the agency's organization, management, operations, and
administration. Accreditation serves as a yardstick to measure the effectiveness of the agency's
programs and services. Accreditation streamlines operations, providing more consistency, and
more effective deployment of agency manpower. Accreditation is a coveted award that
symbolizes professionalism, excellence, and competence. Employees take pride in their agency,
knowing that it represents the very best in law enforcement.
Equipment
The City has completed many projects over the last three years to help better support and
benefit the Police Officers in their respective duties. Below are a few of them:
• Installation of a new computer system consisting of Police communication hardware
and software system for the police officers to utilize. The project cost $300,000 and
requires an annual recurring cost of approximately $65,000.
• We completely rebuilt the Communication Office area to include all new, cabinets,
networking cables, painting, and communication infrastructure for the approximate cost
of $12,000.
• We purchased new Body Cameras to assist Police Officers in identifying the exact
situation at an incident, at an approximate cost of $61,000, with a recurring annual
expense of approximately $40,000 for the maintenance and software update of the
system.
• We built a new Police vehicle fueling area, including a Canopy Area that includes a new
roof, lights, vacuum, air, and water for the approximate cost of $200K for design and
construction. The new fuel canopy area serves multiple purposes including: protecting
Officers from the elements when vacuuming and washing their assigned vehicles and
maintaining correct tire pressure for safe operation.
• We routinely purchase approximately ten new laptops and tablets each year for the
Officer's use in their respective patrol vehicles. The City regularly replaces outdated
computer equipment in an effort to have the Police Department function with the most
up-to-date equipment available in the marketplace. This costs the City approximately
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$15,000 each year.
• The City has been continuously performing network upgrades for better communication
between Miami-Dade County and the City of South Miami, including the Police
Department. Better connection means better connectivity and more reliability. The
estimate cost for the network revamping was approximately $75,000.
• Three new large Copiers were installed in the Police Department for the ease and
efficiency of Police Officers. The estimated annual expense related to the copiers is
approximately $3,000.
• The City created a 7-year replacement cycle for police patrol vehicles to keep the Police
fleet up-to-date and safe, since older vehicles with excessive mileage and usage become
unsafe for police work. The City spends $250,000 / year to assure that our Police
Officers have safe and operable patrol cars.
Training
A well-trained police force is the most effective way to properly insure that the City is safe
and protected. Along those lines, the City has provided the following training and related
programs:
• The Tactical Response Team to address active shooters has become SWAT trained.
• The Department is scheduled for accreditation assessment.
• Select officers have received special training for engaging psychologically disturbed
members of the public.
• Staff members have been assigned to advanced executive training.
• Our leadership and our Officers have conducted active shooter training for area schools,
businesses, and city employees.
• Approved the certification training of a CRA officer to become a Crime Prevention
Practitioner in order to facilitate crime prevention sessions with the residential and
business communities.
• One Detective has been trained and is currently accessing and using Florida's Facial
Recognition Network program (FR-NET) to assist in identifying suspects/offenders.
Recognition
We remain proud of the outstanding commitment of our dedicated force. Our Police Force
has earned the following recognition:
• First time accreditation by CFLEA in 2015.
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• A South Miami Police Officer was the recipient of PBA's Rookie of the Year Award for
2012 for all of Miami-Dade County.
• Our Communications Supervisor received the Prestigious County-Wide LEO Award for
Support Services, 2012, one of the most prestigious awards given to a Police Officer and
Communications Officer.
• A South Miami Police Officer was a nominee for the Florida Retail Federation Law
Enforcement Officer of the Year for 2014.
• A South Miami Police Officer was the recipient of the LEO Awards Investigative Services
Award for 2015.
Excellent and supportive Police leadership
Our officers are guided by outstanding command staff. Through this team effort, the
following was achieved:
• In the past 2 years, South Miami experienced the lowest number of crimes in the last 35
years for which data are available from FDLE. One-third of the way through 2016 calendar
year we have achieved another 30% drop over the previous year for this period. These
figures may change, but the trend indicates that, again, the City is in for a remarkable year of
crime reduction and prevention.
• As part of the City's new Community PoliCing initiative, Police Officers have been
permanently assigned to cover specific zones, instead of rotating through zones as was the
previous practice. The new "0wn-a-Zone" assignment policy increase communication and
familiarity between the Police and the residents and community to enhance prevention,
and Officer safety.
• A Permanent downtown walking beat Officer was assigned to address quality of life and
crime issues in downtown district. This program has been very widely praised and is very
successful.
• Established a Bicycle Patrol Unit and trained/certified five (5) officers for more effective
response and community policing efforts.
• Implemented new assignments for the CRA area for Community Policing, including the
establishment of a new substation in the area and the assignment of a full-time Police
Sergeant to supervise the Officers assigned to the CRA area.
• The first National Night Out was conducted October 2015 in partnership with the
community and other local law enforcement agencies.
• Crime rates are at the lowest since 1991.
• Cops and Students Talking (CAST) summer program was created last year and will resume
this summer, to engage area youth with our police officers and their programs.
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• Police Athletic League (PAL) program was fully instituted with 32 kids participating.
• The body-worn camera program will be fully implemented and utilized by Uniform Patrol
personnel by end of June 2016 to enhance Officer safety.
• Red light traffic enforcement program became fully operational December 2015, including
Special Master hearings. This program immediately improved pedestrian safety at the US 1
-Sunset Drive crosswalks, where we have seen so many accidents. Reduction in traffic
accidents not only improves public safety, it also allows our Police Officers to spend less
time writing up accidents and thus more time on patrol and crime prevention.
Our Police Department is among the best in South Florida. We believe that the City of South
Miami Police Officers have an excellent working environment when compared to other Police
jobs in South Florida. Their perks include excellent benefits, pay, and working conditions, great
equipment, vehicles, computer systems, leadership, and support from the City Commission and
public.
Current Salary and Benefits
Since 2013, the City has ratified one full revision of the CBAs with the two Police bargaining
units (approved in October of 2013.)
The 2013 revision resulted in both the Upper and Lower units receiving a 5% across the
board cost of living adjustment (COLA) wage increase that was agreed to be implemented
retroactive to October I, 2012. Additionally, the two units received two floating holidays
each year, and a Special Risk pay benefit was increased from $40 per pay period to $60 per
pay period. A newly created command staff incentive pay was awarded, which provides
$60 per pay period to covered employees. Employees covered under these Agreements
received an increase in uniform purchasing allowance.
Despite our City population and budget being smaller than most other municipalities, the
average South Miami Police Department (SMPD) Officer salary is currently 1.2% above the
average municipal police officer salary within Miami pade County, and 10% more than
similarly ranked officer salaries in the Miami Dade County Police Department (MDPD).
City Police covered by our CBAs have a well-funded defined benefits pension plan, operated
independently of the rest of the employees' plans.
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2016 CBA NEGOTIATIONS
Retirement plan
For many years, our Police Officers have been asking the City administration and City
Commission to convert their retirement program to the Florida Retirement System (FRS).
FRS offers guaranteed levels of payouts at retirement and its "cash back to you"
contribution rates, and the ability to transfer to another participating government or
relocation elsewhere in the State without losing any retirement benefit. The FRS program is
the best public retirement program in the State of Florida, and one of the best public
retirement programs in the entire country, due to its high level of benefits, security, and
transferability of employment. The ability to opt into the FRS would have been a significant
advancement for South Miami employees. After considerable work, we were finally able to
offer the FRS program to our employees. Further, we were able to offer FRS as an
individual alternative to our existing City Pension plan, such that individual employees could
choose whichever plan benefitted them the most. It was a complete win-win option for the
City employees. This excellent benefit, which had been long sought by our employees was
discarded primarily by the Lower unit.
Holidays
The City recently added Columbus Day as an additional holiday for which Officers either
have the day off or if working, receive time and a half pay. This is in addition to fifteen
other paid holidays or paid days off.
Salary
Our proposed increases in the Agreement with the PBA bargaining unit for 2016 was to
increase salaries of all members of both bargaining units to 7.5% above the average
municipal police officer's 2015 salary in our County, and 17% more than the average MDPD
Officer salary.
The proposed union contract also includes guaranteed cost-of-living adjustments to prevent
reduction in purchase power of employee salaries due to any increase in the cost of living,
thus insuring a stable, predictable, and higher income for our Officers.
Outcome of negotiations
To our complete bewilderment, after seeking the FRS option for years, the Lower unit of
our Police Department voted down the FRS option during the first round of contract
negotiations in 2016. Their rejection of FRS had the unfortunate effect of removing this
option for all of the South Miami employees.
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Unfortunately, the Lower unit voted down the proposed Agreement, while the Upper Police
unit quickly decided to take advantage of the excellent new CBA, locking in for themselves a
very significant pay increase and an unprecedented guarantee of future salary increases.
Over the same period the AFSCME bargaining unit approved an Agreement with a COLA
provision similar to that approved by the Upper Police unit but was rejected by the Lower
Police unit.
It should be noted that the Police Lower unit rejection of the new contract was not
universal -approximately one third of the officers voted to receive the same benefits as the
Upper Police and ASCME employees.
Some Officers in the Lower unit want to go a different way than their commanding Officers who
have agreed to a new PBA contract that is anticipated to be approved tonight. The Officers
covered by the Lower unit, whose union of choice is currently the PBA, wish to break away from
the PBA and bring in a new union, in the belief that a different union will force the City back to
the bargaining table to get a better deal. Clearly, the City has put forward an excellent
Agreement but apparently the Lower unit wants more.
As City Manager, I need to manage expectations and resources. The Commission and the
community deserve a great and efficient Police Department. It would appear the expectations
of the Lower unit for even greater salary increases are unrealistic given our financial abilities.
By offering the Lower unit contract we did, which included appropriate and generous provisions
identical to those of the Upper unit, we have done all we can to be accommodating.
The decision of the Lower unit will place the Officers in that unit in a difficult position. First,
they are not eligible for the salary increases and guarantees to be enjoyed by the Upper unit
and ASCME employees. Second, with a new union comes not only new negotiations, but an
entirely new Agreement, different from the contract that was proposed this year and accepted
enthusiastically by the Upper unit. The Lower unit's unrealistic expectations of carrying over
protections from the existing Agreement, and of building off the proposed agreement that they
just rejected are off the negotiating table. The Lower unit's superfluous and overly expensive
expectations will not be forthcoming. Many concepts desired by City management, not present
in the current CBAs, will be demanded in the new rounds of negotiations.
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SUMMARY OF LEGISLATION:
This Agreement covers the Lieutenants and Captains of the City of South Miami
Police Department. A total of (3) Lieutenants and (2) Captains make up the
composition of the membership. The negotiation sessions were very productive
and the parties were able to reach an Agreement on the terms and conditions of
a three-year Collective Bargaining Agreement; effective October 1, 2015 through
September 30, 2018. The major highlights and monetary benefit provided by the
Agreement and the associated costs are set forth below.
Article 7 Internal Affairs Investigation and Obligation to the Public
Employees covered by the Agreement requested that letters of complaint from
citizens that are not sustained after investigated will be removed from Officer's
official personnel record.
Article 9 Promotions, Removal and Seniority
The parties agree to re-open this Article within twelve (12) to fifteen (15) months
of ratification for the purpose of discussing the implementation of a one (1) year
probationary period for Lieutenants and Captains.
Article 11 Grievance & Arbitration Procedure
If the parties fail to mutually agree to the selection of an impartial arbitrator, the
party requesting arbitration shall request a metropolitan panel of five arbitrators
from the Federal Mediation and Conciliation Service (FMCS). This is a change
from the American Arbitration Association.
Article 12 Holidays
Employees covered by the Agreement will receive (1) additional paid Holiday,
Columbus Day, each year.
Article 17 Extra-Duty Police Employment
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Effective upon ratification, the Revised Extra-Duty Police Employment Policy
shall be revised to reflect that the City shall be entitled to no more than a five
dollar ($5) flat fee per detail worked by each bargaining unit member.
Effective upon ratification, the Revised Extra-Duty Police Employment Policy
shall be revised to reflect that all extra-duty details requested with more than
three days notice to the City shall be bid by seniority in the following order:
police officers, police sergeants, other police department employees.
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.
Article 23 Authorized Use of Private Automobile
Any employee authorized to use his private automobile in the performance of
his City duties must obtain prior authorization in writing.
Article 26 Compensation
Cost of Living
Upon execution of the CBA, and each year thereafter, bargaining unit members
shall receive a Cost of Living (COLA) increase, based on the Consumer Price Index
-All Urban Consumers 12-Month Percent Change for the Miami-Ft. Lauderdale
FL area (CPIL which shall have the effect of increasing the pay for each
employee, unless the CPI is zero or is negative, which shall then have no
decreasing effect on the employee's pay.
Over the past three years the Consumer Price Index-All Urban Consumers 12-
month Percent Change for the Miami-Ft. Lauderdale, FL area (CPI) has been
established by the United States Department of Labor, Bureau of Labor Statistics
as follows:
(Annual CPI 2012) October 1, 2013 -September 30, 2014 = 1.9%
(Annual CPI 2013) October 1, 2014 -September 30, 2015 = 1.3%
(Annual CPI 2014) October 1, 2015 -September 30, 2016 = 2.1%
(Annual CPI 2015) October 1, 2016 -September 30,2017 = 0.9%
Any employee hired prior to October 1, 2014 shall receive a 5.3% COLA increase.
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Any employee hired on or after October 1, 2014 but prior to October 1, 2015
shall receive a 3.4% COLA increase.
Any employee hired on or after October 1, 2015 but prior to October 1, 2016
shall receive a 2.1% COLA increase.
Step Pay Program
Effective October 1, 2016, a new pay step program shall be implemented and
begin as follows:
A step pay increase will be awarded at the end of the month upon completion of
anniversary year within the employee's classification provided he meets the
provisions contained in this Article.
Schedule is as follows:
•
•
•
•
•
•
•
2% step pay increase = Year 2 ofthe pay step program (completed 24
months of service from October 1, 2016)
2% step pay increase = Year 4 of the pay step program (completed 48
months of service from October 1, 2016)
2% step pay increase = Year 6 ofthe pay step program (completed 72
months of service from October 1, 2016)
2% step pay increase = Year 8 ofthe pay step program (completed 96
months of service from October 1, 2016)
2% step pay increase = Year 10 of the pay step program (completed
120 months of service from October 1, 2016)
3% step pay increase = Year 15 of the pay step program (completed
180 months of service from October 1, 2016)
3% step pay increase = Year 20 ofthe pay step program (completed
240 months of service from October 1, 2016)
Employee must not have any of the following within a two (2) year period
preceding the effective date of the step increase:
• Received a score below 3.0 on the annual performance review
• Be on A sustained or upheld Suspension
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Be on a Performance Improvement Plan
Once the listed above items have been resolved and finalized for employee
record, then employee can request to be reviewed again for step pay increase.
An employee that has a suspension or annual performance review overturned
through the appropriate appellate process shall be entitled to the applicable step
pay increase he would have otherwise received at the time.
(Note: only one employee in the Upper PD class is currently eligible for a Step
Raise.)
Article 30 Retirement Benefits
Effective October 1, 2016 Police Officer contributions will be capped at no more
than 12.0% of earnings.
The total monetary benefit provided by the Agreement and the associated costs
is $92,939.
Effective October 1, 2016, for those employees who have not yet retired from
City service, the benefit accrual rate (multiplier) for all years of service shall be
3.0%. The City shall pass whatever ordinances are required to effectuate this
change, if necessary.
The following changes in retirement benefits are hereby agreed and are
incorporated hereto as historical data:
Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased
from 1.9 % to 2.25% for services performed in the 1995-1996 fiscal year;
Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased
from 2.25% to 2.50% for services performed in the 1996-1997 fiscal year;
Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased
from 2.50% to 2.75% for services performed in the 1997-2001 fiscal years.
Effective October 1, 2001, the benefit accrual rate (multiplier) shall be increased
from 2.75 to 2.80 percent for services performed in the 2001-2002 fiscal year.
Effective October 1, 2002, the pension benefit accrual rate (multiplier) for sworn
police personnel shall be increased from 2.80 percent to 2.90 for services
performed in the 2002-2003 fiscal year.
Effective October 1, 2003 and thereafter the pension benefit accrual rate
(multiplier) for sworn police personnel shall be increased from 2.90 to 3.00
percent.
AMOUNT:
ACCOUNT:
ATTACHMENTS:
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The multiplier factor for all years of service prior to October 1, 1993, the
multiplier shall be 1.6%. For services rendered during fiscal year 1993-94
(October 1, 1993 through September 30, 1994), the multiplier shall be 1.8%. For
services rendered during October 1, 1994 through September 29, 1995, the
multiplier shall be 1.9% to be applied at the time of retirement of each
bargaining unit employee covered by this Agreement.
The above stated COLA and Step Increases will be carried forward into all future
fiscal years beginning with FY 2016-2017, increasing the overall personnel cost of
the Police Department.
Account No.
Resolution
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RESOLUTION NO.: _______ _
A Resolution approving and authorizing the City Manager to execute a three year
(October 1, 2015 -September 30, 2018 ) collective bargaining agreement (lieutenants
and Captains) between the Miami-Dade County Police Benevolent Association and the
City of South Miami.
WHEREAS, the Mayor and City Commission of the City of South Miami seek to provide the
highest levels of law enforcement protection and services for the citizens, residents, businesses
and visitors of the City of South Miami; and
WHEREAS, a Collective Bargaining Agreement with the Miami-Dade County Police
Benevolent Association (PBA), representing the Lieutenants and Captains of the South Miami
Police Department, is an integral component of this effort; and
WHEREAS, the City Administration and the PBA have successfully concluded negotiations
on a new three year contract for fiscal years 2015 -2018 which achieves these objectives; and
WHEREAS, the members of the upper unit of the PBA who are Lieutenants and Captains
have ratified the proposed agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, flORIDA THAT:
Section 1: The Mayor & City Commission approves the Lieutenants and Captains
Collective Bargaining Agreement for Fiscal Years 2015-2018 between the Miami-Dade County
Police Benevolent Association and the City of South Miami, and authorizes the City Manager to
execute the agreement.
Section 2: If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 3: The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this __ day of ____ , 2016.
ATTEST: Approved:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM Commission Vote:
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LANGUAGE, EXECUTION AND
LEGALITY:
CITY ATTORNEY
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Harris:
October 1, 2015 Police Sergeant Salary Survey
Police Sergeant
Department Average
Aventura $92,697.99
Key Biscayne $87,654.41
Miami Beach $87,185.70
Surfside $83,571.83 "
N Miami Beach $82,931 .68
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Miami Gardens $78,466.00 ,/ I--I--
Medley $77,937.97 ,/ t-t-
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Indian Creek $77,740.00 ,/ I--I--
South Miami $77,625.88 /1 I--I--
Coral Gables $76,573.50 /1 I--l-
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Miami Shores $76,544 .64 /'L-I I I
Key West $76,433.78
Homestead $75,773.50
Doral $75,590.87
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Bal Harbour Village $75,168.76
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Pinecrest $74,380 .50
Sunny Isles Beach $74,186 .19
West Miami $73,562 .50
Miami Springs $71,108.50
City of Miami $68,850.10
North Bay Village $68,134.56
North Miami $67,805.50
Hialeah $67,247.31
Sweetwater $66,259.65
MDPD $64,440.61
FlU $63,505.00
Bay Harbor Islands $61,364 .28
Hialeah Gardens $57,299 .00
Opa Locka $55,345 .00
Florida City $51,612.30
Average Sgt. Pay
October 1, 2015 Police Officer Average of Starting & Top Salary
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October 1, 2015 Police Salary Survey
Police Officer Salaries Police Sergeant Police Lieutenant
Department Starting Pay Top Pay Department Start Pay Top Pay Start Pay Top Pay
Aventura $55,956.51 $85,566 .81 Aventura $75,476.24 $109,919 .73 N/A N/A
Bal Harbour Village $51,917.38 $69,574 .25 Bal Harbour Village $70,000.00 $80,337.52 N/A N/A
Bay Harbor Islands $52,221.17 $66,935 .82 Bay Harbor Islands $52,445 .95 $70,282.61 N/A N/A
Biscayne Park $38,658.00 $49,338.00 Biscayne Park 5 % increase 5 % increase N/A N/A
City of Miami $44,941.75 $73 ,768 .09 City of Miami $52,131.62 $85,568.57 $59,058.39 $99,024 .10
Coral Gables $51,220.00 $74,775.00 Coral Gables $62,258 .00 $90,889.00 N/A N/A
Doral $51,422.36 $74,562.41 Doral $62,992.39 $88,189.34
EI Portal $34,144.50 $65,000.00 EI Portal not estab not estab
FlU $40,994 .92 $55,138.87 FlU $56,000.00 $71,010.00 $68,630.56 $75,306.90
Florida City $39,918 .24 $51,648.71 Florida City $44,713.01 $58,511.59 N/A N/A
Golden Beach $43,260 .00 $66,203.00 Golden Beach $66,128.00 2.5 OR 3 .5 N/A N/A
Hialeah $42,090 .56 $63,892 .92 Hialeah $60,998.60 $73,496 .02 $70,087 .68 $83,864.56
Hialeah Gardens $38,000 .00 $46,500 .00 Hialeah Gardens $53,112.00 $61,486.00
Homestead $51,500.00 $71,776.00 Homestead $66,934.00 $84,613.00 $80,225 .60 $101,415.31
Indian Creek $54,912 .00 $66,851.20 Indian Creek $70,179 .2 0 $85,300.80 N/A N/A
Key Biscayne $49,534.27 $87,262 .04 Key Biscayne $63,915 .17 $111,393 .65 N/A N/A
Key West $48,781.46 $74,382.48 Key West $70,795 .73 $82,071.82 $79,680.66 $89,682.37
MDPD $38,428.52 $66,875 .90 MDPD $51,388.74 $77,492 .48
Medley $52,141.02 $73,113.20 Medley $74,074.39 $81,801.54 N/A N/A
Miami Beach $54,697.88 $80,837 .63 Miami Beach $80,800.08 $93,571.32
Miami Gardens $47,391.00 $81,080.00 Miami Gardens $57,847.00 $99,085 .00
Miami Shores $50,169.48 $70,762 .40 Miami Shores $69,104.43 $83,984 .85 N/A N/A
Miami Springs $49,965.00 $70,393.00 Miami Springs $60,810.00 $81,407 .00
N Miami Beach $46,576 .82 $72,641.50 N Miami Beach $73,301.28 $92,562 .08 N/A N/A
North Bay Village $46,462 .20 $65,420.16 North Bay Village $61,513.92 $74,755.20
North Miami $47,012 .82 $68,561.00 North Miami $54,676.00 $80,935.00 N/A N/A
Opa Locka $38,000.00 $62,208.00 Opa Locka $42,105 .00 $68,585.00 N/A N/A
Pinecrest $54,059 .00 $72,322 .00 Pinecrest $65,998.00 $82,763 .00 N/A N/A
South Miami $46,000.00 $69,816.33 South Miami $66,900.00 $88,351.75
Sunny Isles Beach $48,329.90 $65,007.62 Sunny Isles Beach $66,900.00 $81,472.37
Surfside $50,258.47 $70,558 .38 Surfside $80,550.04 $86,593 .61 N/A N/A
Sweetwater $42,471.20 $64,631.57 Sweetwater $58,219.16 $74,300 .14
Virginia Gardens $35,120 .00 $43,011.00 Virginia Gardens N/A N/A N/A N/A
West Miami $45,300 .00 $66,928.00 West Miami $63,741.00 $83,384.00
Non-Collective Bargaining
October 1, 2015 Police Officer Salary Survey
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October 1, 2015 Police Sergeant Salary Survey
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• Top Pay
October 1, 2015 Police Sergeant Salary Survey
Police Sergeant
Department Top Pay
Key Biscayne $111,393 .65
Aventura $109,919.73
Miami Gardens $99,085.00
Miami Beach $93,571.32
N Miami Beach $92,562.08
Coral Gables $90,889.00
South Miami $88,351.75
Doral $88,189.34
Surfside $86,593 .61
City of Miami $85,568.57
Indian Creek $85,300.80
Homestead $84,613.00
Miami Shores $83,984 .85
West Miami $83,384.00
Pinecrest $82,763.00
Key West $82,071.82
Medley $81,801.54
Sunny Isles Beach $81,472.37
Miami Springs $81,407 .00
North Miami $80,935 .00
Bal Harbour Village $80,337.52
MDPD $77,492.48
North Bay Village $74,755.20
Sweetwater $74,300.14
Hialeah $73,496.02
FlU $71,010.00
Bay Harbor Islands $70,282.61
Opa Locka $68,585.00
Hialeah Gardens $61,486.00
Florida City $58,511.59
Average Sgt. Pay $82,803.80
$120,000.00
$100,000 .00
$80,000.00
$60,000.00
$40,000.00
$20,000.00
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Police Sergeant
Department Starting Pay
Miami Beach $80,800 .08
Surfside $80,550 .04
Aventura $75,476.24
Medley $74,074.39
N Miami Beach $73,301 .28
Key West $70,795.73
Indian Creek $70,179 .20
Bal Harbour Village $70,000.00
Miami Shores $69,104.43
Homestead $66,934.00
South Miami $66,900.00
Sunny Isles Beach $66,900.00
Pinecrest $65,998 .00
Key Biscayne $63,915 .17
West Miami $63,741.00
Doral $62,992 .39
Coral Gables $62,258 .00
North Bay Village $61,513.92
Hialeah $60,998.60
Miami Springs $60,810.00
Sweetwater $58,219.16
Miami Gardens $57,847 .00
FlU $56,000.00
North Miami $54,676.00
Hialeah Gardens $53,112.00
Bay Harbor Islands $52,445.95
City of Miami $52,131.62
MDPD $51,388 .74
Florida City $44,713 .01
Cpa Locka $42,105.00
Average Sgt. Pay $62,996.03
$90,000 .00 ../
$80,000 .00
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Police Officer Salaries
Department Starting Pay
Aventura $55,956.51
Indian Creek $54,912.00
Miami Beach $54,697.88
Pinecrest $54,059.00
Bay Harbor Islands $52,221.17
Medley $52,141.02
Bal Harbour Village $51,917.38
Homestead $51,500.00
Doral $51,422.36
Coral Gables $51,220 .00
Surfside $50,258.47
Miami Shores $50,169.48
Miami Springs $49,965 .00
Key Biscayne $49,534.27
Key West $48,781.46
Sunny Isles Beach $48,329 .90
Miami Gardens $47,391.00
North Miami $47,012.82
N Miami Beach $46,576.82
North Bay Village $46,462.20
South Miami $46,000.00
West Miami $45,300.00
City of Miami $44,941.75
Golden Beach $43,260 .00
Sweetwater $42,471.20
Hialeah $42,090.56
FlU $40,994.92
Florida City $39,918.24
Biscayne Park $38,658 .00
MDPD $38,428.52
Hialeah Gardens $38,000.00
Opa Locka $38,000 .00
Virginia Gardens $35,120.00
EI Portal $34,144.50
Average Officer Pay $46,525.19
$60,000.00
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$40,000.00
$30,000.00
$20,000 .00
$10,000 .00
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Department Top Pay
Key Biscayne $87,262 .04
Aventura $85,566.81
Miami Gardens $81,080.00
Miami Beach $80,837 .63
Coral Gables $74,775.00
Doral $74,562.41
Key West $74,382.48
City of Miami $73 ,768.09
Medley $73,113.20
N Miami Beach $72,641.50
Pinecrest $72,322 .00
Homestead $71,776.00
Miami Shores $70,762.40
Surfside $70,558.38
Miami Springs $70,393 .00
South Miami $69,816.33
Bal Harbour Village $69,574 .25
North Miami $68,561.00
Bay Harbor Islands $66,935.82
West Miami $66,928 .00
MDPD $66,875.90
Indian Creek $66,851.20
Golden Beach $66,203.00
North Bay Village $65,420.16
Sunny Isles Beach $65,007 .62
EI Portal $65,000 .00
Sweetwater $64,631.57
Hialeah $63,892.92
Opa Locka $62,208.00
FlU $55,138 .87
Florida City $51,648 .71
Biscayne Park $49,338 .00
Hialeah Gardens $46,500.00
Virginia Gardens $43,011.00
Average Officer Pay $67,863.04
$90,000 .00
$80,000.00
$70,000.00
$60,000.00
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$40,000 .00
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Department Average October 1, 2015 Police Officer Average of Starting & Top Salary
Aventura $70,761.66
Key Biscayne $68,398.16
$80,000 .00
Miami Beach $67,767.76 $70,000.00
Miami Gardens $64,235 .50
Pinecrest $63,190.50
$60,000 .00
Coral Gables $62,997.50 $50,000.00
Doral $62,992 .39
Medley $62,627 .11
$40,000 .00
Homestead $61,638.00 $30,000.00
Key West $61,581.97
Indian Creek $60,881.60
$20,000 .00
Bal Harbour Village $60,745.82 $10,000.00
Miami Shores $60,465.94
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$59,609.16 OJ .!!! ro c::: \9 ~ OJ > V1 ::I V1 .!!! .... I ~ ro "0 ro ro N Miami Beach > 'E <.!J E Q) c::: .... .-V1 'E ...... ..s::. ..s::. '" .... c OJ LiJ .;:: ~\9 l!) .... > 0.. « co c::: ro :.<: ro ::I E 0 .... 1:: ~ VI OJ OJ 0 E 0 OJ ro 0 ro > ro .... 0 "0 0 ro ::I '" co ::!:! 3 ..s::. ro Bay Harbor Islands $59,578.50 E 0 I ro ro .0 > 0 0 ~ u: u ro 'c Q) c::: .0 .... .... 0 V1 VI :.<: ~ .~ u -.... ~ ~ ~ ro 0 V1 Z > ..s::. iIi ~ '5'0 ro I c::: 1:: <.!J ro City of Miami $59,354.92 ~ z .... I c::: 0 I :> -> ::I Z ro Vl South Miami $57,908.17 ro co co
North Miami $57,786.91
Sunny Isles Beach $56,668.76
West Miami $56,114.00
North Bay Village $55 ,941.18
Golden Beach $54,731.50
Sweetwater $53,551.39
Hialeah $52 ,991.74
MDPD $52,652.21
Opa Locka $50,104.00
EI Portal $49,572.25
FlU $48,066.90
Florida City $45,783.48
Biscayne Park $43,998 .00
Hialeah Gardens $42,250 .00
Virginia Gardens $39,065.50
Average Officer Pay $57,194.11
THE VOICE OF LAW ENFORCEMENT
DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC.
June 3, 2016
Via E-Mail: SAlex(lndeIYouthmiami{l.gov&U.S.Mail
Steven Alexander, City Manager
City of South Miami
6130 Sunset Drive
South Miami, Fl33143
Re: Ratification --2015 to 2018 Collective Bargaining Agreement
Supervisory Unit
Dear Mr. Alexander:
This letter is written on behalf of the Dade County Police Benevolent Association ("PBA") and
our clients, the South Miami Police Department collective bargaining supervisory unit. Please
be advised that ratification vote session was held today pursuant to notice, and I am pleased to
announce that the supervisory unit contract was approved by the members of the bargaining unit.
I respectfully request that the Agreement be placed at the next City Council's meeting Agenda
for ratification. We want to thank you, and your staff, for not only your time and effort in this
matter, but also for the professional and cordial mrumer in which you and your staff conducted
this year's negotiations. We really appreciate it.
Cristina Escobar
Assistant General Counsel
Cc: Blanca Greenwood, Executive Director/Dade County PBA (via e-mail only)
Jolm Rivera, President/Dade County PBA (via e-mail only)
Rene Landa, Chief of Police/SMPD (via e-mail only)
Jesus Aguiar, PBA Representative (via e-mail only)
John Rivera, President· 10680 PBA Memorial Boulevard' (Northwest 25th Street) • Miami, Florida 33172-2108
Telephone: 305-593-0044 • Fax: 305-436-0142 • e·mail:n.biL@_d~p.tm..Q!:9 • website: www.dcpba.org
; . r ..
AGREEMENT
BETWEEN
CITY OF SOUTH MIAMI
AND
DADE COUNTY POLICE BENEVOLENT
ASSOCIATION
LIEUTENAN"TScANlf CAPTAINS
OCTOBER 1, 2015 -SEPTEMBER 30,2018
1
"
ARTICLE 1
ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
ARTICLE 20
ARTICLE 21
ARTICLE 22
ARTICLE 23
ARTICLE 24
ARTICLE 25
ARTICLE 26
ARTICLE 27
ARTICLE 28
ARTICLE 29
ARTICLE 30
ARTICLE 31
ARTICLE 32
ARTICLE 33
ARTICLE 34
ARTICLE 35
ARTICLE 36
Table of Contents
PREAMBLE .......................................................................................... 3
DECLARATION OF EMERGENCIES ... ~ .............................. 3
RECOGNITION .................................................................................... 3
NON-DISCRIMINATION .................................................................... 3
DUES CHECK-OFF .............................................................................. 3
ASSOCIATION REPRESENTATIVES ............................................ .4
SERVICES TO THE ASSOCIATION ............................................... .4
PERSONNEL RECORDS .................................................................... 5
INTERNAL AFFAIRS INVESTIGATION AND OBLIGATION
TO THE PUBLIC .................................................................................. 6
VEHICLES AND SAFETYEQUIPMENT ......................................... 8
PROMOTIONS AND REMOVAL ...................................................... 8
TRAINING ............................................................................................. 8
GRIEVANCE AND ARBITRATION PROCEDURE ....................... 9
HOLIDAYS .......................................................................................... 11
SICK LEAVE ....................................................................................... 12
FUNERAL LEAVE ............................................................................. 14
LEAVE ·OF ABSENCE ....................................................................... 14
VACATION LEAVE ........................................................................... 15
EXTRA-DUTY POLICE EMPLOYMENT ...................................... 16
INSURANCE BENEFITS ................................................................... 17
MANAGEMEN'T RIGHTS ........................................... , ..................... 17
WORK STOPPAGES ......................................................................... 18
AWARDS .............................................................................................. 19
MILITARY LEA VE ............................................................................ 19
AUTHORIZED USE OF PRIVATE AUTOMOBILE ..................... 19
BULLETIN BOARDS ......................................................................... 19
SEVERABILITY CLAUSE ................................................................ 19
COMPENSATION .............................................................................. 20
PROHIBITION AGAINST RE-OPENING OF NEGOTIATIONS ........ 23
UNIFORMS AND EQUIPMENT ...................................................... 23
PHYSICAL EXAMINATION AND WORKERS'
COMPENSATION .............................................................................. 24
RETIREMENT BENEFITS ............................................................... 25
EDUCATIONAL INCENTIVE .......................................................... 27
EMPLOYEE PREGNANCYIMATERNITY LEAVE ..................... 28
EMPLOYEE ASSISTANCE PROGRAM ........................................ 28
ABOLISHMENT OR MERGER ....................................................... 28
AMERICANS WITH DISABILITIES ACT ..................................... 28
TERM OF AGREEMENT .................................................................. 29
PREAMBLE
This Agreement is entered into by the City of South Miami, Florida, hereinafter referred
to as the "Employer" or the "Cityrr 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 nonnal
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. All references to "employee" and
all pronouns in this Agreement are intended to refer to both genders.
ARTICLE 1. RECOGNITION
The Employer hereby recognizes the Dade County Police Benevolent Association as the
collective bargaining agent for all permanent full-time sworn police personnel of the rank
of Police Lieutenant and Police Captain, but excluding all other employees of the City of
South Miami, including the Chief of Police, Assistant Chief, Police Major, Police
Sergeant and Police Officer.
ARTICLE 2. NON-DISCRIMINATION
There shall be no discrimination, interference, restraint, or coercion by the Employer or
the Association against any employee because of Association membership or non-
membership, or because of race, creed, color, age, sex, religion, marital status, sexual
orientation, disability and national origin.
ARTICLE 3. DUES CHECK-OFF
1. Any member of the Association, who has submitted a properly executed dues
authorization card or written statement to the City Manager or 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.
2. 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.
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 his wages.
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ARTICLE 4. ASSOCIATION REPRESENTATIVES
1. One member 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 anyone grievance. It is understood and agreed, however,
that the foregoing is subject to the manpower needs of the Department at all times.
3. The Association Representative shall be allowed to attend the Dade County PBA
Board of Directors meeting once a month without loss of payor leave time, should the
meeting take place while the Association Representative is on duty.
ARTICLE 5. SERVICES TO THE ASSOCIATION
1.. The City will furnish the Association a copy of the Police Department's Rules and
Regulations.
2. The City will allow the Association and its representative's 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 (both traditional and electronic) for each
employee for use by the City and the Association to distribute mail and other
communications. The aforesaid mailboxes may be used by the Association strictly for
the purpose of transmitting material of an informational nature, and shall not be used for
the purpose of communicating material tending to, directly or indirectly, disparage any
elected or appointed official of the City.
4. Upon written request by the Association, the City will provide to the Association,
on a semi-annual basis, a complete roster of the bargaining unit, induding name, rank,
address, telephone number, social security number and current pay scale. Each member
shall sign a separate written statement approving the transmission of their personal data
in advance of the completion of this paragraph.
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· .
ARTICLE 6. PERSONNEL RECORDS
1. Employees covered by this Agreement shall have the right to inspect their official
personnel file and/or their closed Internal Affairs file during normal business hours and
shall not be compensated should said inspection occur outside employee's regular duty
hours. The employee shall have the right to make duplicate copies of any items in his
official files, upon payment of the usual copying charge.
2. Employees covered by this Agreement shall receive copies of any disparaging items
that are placed in the employee's official personnel file. . Employees covered by this
Agreement shall also have the right to add written responses to any such disparaging
items that are placed in the employee's official personnel file. All written responses shall
be sent to the Chief of Police via chain of command. Any refusal to sign a document
shall be documented on all copies by the issuing officer (i.e. !!Employee Refused to
Sign!!); however, no retaliatory or disciplinary action shall be taken against any employee
who refuses to sign a document.
3. All personnel records of the employees shall be kept confidential to the extent
permitted by law 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, upon
written authorization from the employee, or as otherwise required by law. In this regard,
the PBA recognizes the City's obligation to comply with Chapter 119; Florida Statutes.
4. At no time shall the news media be directly or indirectly furnished with the home
address, telephone number or photograph of any employee or relatives without his
express written consent.
5. The City shall purge, upon written request from the employee covered by this
Agreement, all records of counseling/coaching and oral warnings from the employees'
personnel files after one (1) full year of service during which the employee does not
receive further related counseling or oral warnings or as prescribed by Florida State
Statute, Title X, Chapter 119 and Title XVIII, Chapter 257.36, which ever is the greater
period. Such documents shall be kept in a separate file.
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ARTICLE 7. INTERNAL AFFAIRS INVESTIGATION AND OBLIGATION TO
THE PUBLIC
The parties recognize that the security of the City and its citizens depends to a great
extent upon the manner in which the employees covered by this Agreement perform their
, various duties. Further, the parties recognize that the performance of such duties
involves those employees in all manner of contacts and relationships with the public and
out of such contacts and relationships, questions may arise or complaints may be made
concerning the actions of employees covered by this Agreement. Investigation of such
questions and complaints must necessarily be conducted by, or under the direction of,
departmental supervisory officials whose primary concern must be the security of the
City and the preservation of the public interest.
1. In order to maintain the security of the City and protect the interests of its
citizens, the parties agree that the City must have the umestricted right to conduct
investigations of citizens' complaints and matters of internal security; provided, however,
that any investigative interrogation of an employee covered by this Agreement relative to
a citizen's complaint and/or matter of internal security shall be conducted under the
following conditions:
A. The interrogation shall be conducted at a reasonable hour, preferably at a.
time when the employee is on duty, unless the seriousness of the
investigation is of such a degree that immediate action is required.
B. The employee under investigation shall be informed of the nature of the
investigation prior to any interrogation, and he shall be informed of the
name of all complainants, if known to the Department.
C. The employee under investigation shall be informed of the rank, name,
and command of the officer in charge of the investigation, the
interrogating officer, and all persons present during the interrogation. All
questions directed to the employee under investigation shall be asked by
and through one (1) interrogator at anyone time.
D. Interrogation sessions shall be for reasonable periods and shall be timed to
allow for such rest periods as are necessary. All interrogations will be
held at the headquarters of the South Miami Police Department, insofar as
possible.
E. Any employee under investigation shall be informed of the right to be
represented by counselor any other representative of his choice who shall
be present at all times during such intenogations 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.
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G. If the employee under interrogation is under arrest or is likely to be placed
under arrest as a result of the interrogation, 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.
1. An employee under investigation may obtain, upon request and at no cost,
a copy of any written statement he has executed.
J. The employee shall not be subjected to any offensive language, nor shall
he be threatened with transfer, dismissal, or other disciplinary measures.
No promise of reward shall be made as an inducement to answering
questions.
K. No employee may be compelled to testify before, or be questioned by any
nongovernmental agency unless under proper court SUbpoena.
L. The City will not order or require any employee to submit to a polygraph
examination or PSE test.
M. The City agrees that no adverse action will be taken against any employee
who exercises the rights provided for in this Article.
N. An employee, who is criminally charged in any jurisdiction with a felony
or a serious misdemeanor included but not limited to, DUI, lewd and
lascivious conduct, indecent exposure or perjury may, upon review of the
circumstances by the Chief of Police, be relieved from duty without payor
benefits. If exonerated, the employee shall be compensated for back pay
and benefits retroactive to the date the employee was relieved from duty.
Any employee placed on leave without pay shall remain on the City's
Employee Census but shall be responsible for the full cost of health
insurance premiums, during the relief from duty period.
O. Upon conclusion of an internal review investigation, employees
designated as subjects shall be advised, in writing, of the disposition of
said investigation.
P. Records of complaints from citizens that are not a violation of State law or
City or Department policy, or that are found not sustained or unfounded,
will be kept separately from the individual's personnel file.
Q. The charge of "conduct unbecoming" and all similarly vague charges will
not be used by the City unless specific behaviors are expressed.
R. Should disciplinary action result from an internal investigation, an
employee may, at the option of the Chief of Police, be allowed to use
vacation time to satisfy a suspension which is for five (5) days or less,
however the exercising of such option will waive the right to otherwise
appeal the discipline.
S. The City shall make every effort to investigate, determine and complete
Administrative Investigations (i.e. personnel complaints regarding
rudeness) within 180 days of the complaint being filed. Failure to
investigate, determine and complete such investigations within the above
time limits shall prevent the City from taking disciplinary action against
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the bargaining unit employee against whom the complaint is made. Any
continuances requested by the PBA or the employee shall extend the time
limit accordingly.
ARTICLE 8. VEHICLES AND SAFETY EQUIPMENT
1. The City will make a good-faith effort to maintain police vehicles and safety
equipment in proper working order. Police vehicles operated by the City shall comply
with the standards and requirements of applicable Florida State Statutes governing motor
vehicle safety equipment. Employees will, as soon as possible, report any broken and/or
malfunctioning equipment to their supervisor. Employees shall keep the vehicles cleaned
and fueled. It is the responsibility of officers with assigned Take~Home Vehicles to
promptly deliver their vehicle to the Motor Pool when repairs are necessary for scheduled
preventative maintenance.
ARTICLE 9. PROMOTIONS, REMOVAL AND SENIORITY
1. Employees in the ranks of 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 Lieutenant and Captain for non-disciplinary reasons shall remain within the sole
discretion of the Chief of Police. The parties agree to re-open this Article within twelve
(12) to fifteen (15) months of ratification for the purpose of discussing the
implementation of a one (1) year probationary period for Lieutenants and Captains. 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 during the probationary period.
After the probationary period is complete (one year from the date of appointment)
demotions shall be appealable through the grievance procedure to determine if just cause
existed for the demotion.
2. In the event of such removal, the employee will revert to his/her last tested rank
and will be credited with the seniority accrued as a Lieutenant or Captain.
ARTICLE 10. TRAINING
1. The City will provide each employee with a copy of training bulktins. 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 Southeast Florida Institute of Criminal
Justice (located at Miami-Dade North Community College) that 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.
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3. The City shall attempt to provide weapons training for all employees, but in no event
shall such training be less than once annually. Their training is in addition to the training
provided under paragraph 10.2, above. Upon qualification and a demonstration of
proficiency, employees shall be permitted to calTY, on duty, semiautomatic weapons that
have been approved by the Department and in accordance with Article 28. The City
agrees to provide ammunition for firearms training.
4. The City agrees to sponsor and encourage members of this unit to attend and
participate in management level training, upon approval of the Chief of Police and within
the budgetary constraints of the City.
ARTICLE 11. GRIEVANCE AND ARBITRATION PROCEDURE
1. In a mutual effort to provide a harmonious working relationship between the parties to
this Agreement, it is agreed and understood that there shall be a procedure for the
resolution of grievances between the parties. For the purpose of this Article, a grievance
is defined as, and limited to, any dispute, difference or controversy involving the
interpretation and application of this Agreement.
2. Every effort will be made by the parties to settle any grievance as expeditiously as
possible. Should the grieving party fail to observe the time limits as set out in the steps
of this Article, his grievance shall be considered conclusively abandoned. Any grievance
not answered by management within the prescribed time limits shall automatically
advance to the next higher step in the grievance procedure.
3. Grievances shall be presented in the following manner:
STEP 1: The employee shall first take up their grievance with the Chief of Police
within seven (7) calendar days of the occurrence of the event(s) that gave rise to the
grievance, or, within seven (7) calendar days after 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 representative of the Association and 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 a copy to
the Association;
STEP 2: In the event the employee is not satisfied with the disposition of the
grievance at Step 1, he shall have the right to appeal the Chief of Police's decision by
serving the City Manager within seven (7) calendar days of the date of issuance of the
Chief of Police's written decision. Such appeal must be accompanied by the filing of a
copy of the original written grievance together with a letter signed by the employee, or, at
the employee's option, the representative of the Association, requesting that the Chief of
Police's decision be reversed or modified. The City Manager shall, within fifteen (15)
working days of the appeal (or some longer period of time as is mutually agreed upon)
render a decision in writing with a copy to the Association.
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'.
If 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 solely 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) that gave rise to
the grievance. The grievance shall be signed by the aggrieved employees or the President
of the Association or other authorized representative of the Association. Thereafter, the
grievance shall be processed in accordance with the procedures set forth in Step 3 as set
forth below.
A grievance involving discharge, suspension or disciplinary demotion invoked by the
City shall be initiated as set forth above at Step 2 within ten (10) calendar days from the
date the employee receives notice of the City's final action.
STEP 3: In the event a grievance processed through the grievance procedure as set forth
in this Article has not been resolved at Step 2 above, either party may request that the
grievance be submitted to arbitration within fifteen (15) calendar days after the City
Manager renders a written decision on the grievance. The arbitration shall be conducted
by a single impartial person mutually agreed upon by and between the parties.
4. The City and employee (or the Association) shall mutually agree in writing as to the
statement of the grievance to be arbitrated prior to the arbitration hearing, and the
arbitrator, thereafter, shall confine their decision to the particular grievance thus
specified. In the event the parties fail to agree on the statement of the grievance to be
submitted to the arbitrator, the arbitrator will confine their consideration and
determination to the written statement of the grievance presented in Step 2 of the
grievance procedure. The arbitrator shall have no authority to change, amend, add to,
subtract from, or otherwise alter or supplement this Agreement or any part thereof or
amendment thereto. The arbitrator shall have no authority to consider or rule upon any
matter which is stated in this Agreement not to be subject to arbitration or which is not a
grievance as defined in this Agreement; nor shall their collective bargaining agreement be
construed by the arbitrator to supersede applicable laws in existence at the time of signing
of this Agreement, except to the extent as specifically provided herein.
5. 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.
6. The parties shall make their choice of the impartial arbitrator within seven (7) calendar
days of the submission of request for arbitration in paragraph 3 of this Aliicle. If the
parties_ fail to mutually agree to the selection of an impartial arbitrator, the party
requesting arbitration shall request a metropolitan panel of fice arbitrators from the
Federal Mediation and Conciliation Service (FMCS). Within fourteen (14) calendar days
after receipt of the panel from FMCS the party requesting arbitration will strike the first
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name. Each party shall have the option of striking two (2) names in alternating fashion,
thus leaving the fifth, which will result in the selection of a neutral or impartial arbitrator.
However, within 5 days of the last strike, either party may reject the fifth person in the
panel one (1) time in any given case and request a new panel. The parties may extend the
time frame for rank ordering the panel of arbitrators on mutual written agreement.
Copies of the arbitrator's award made in accordance with the jurisdiction and authority
under this Agreement shall be furnished to both parties within thirty (30) days of the
close of the arbitration hearing. The arbitrator's award shall be final and binding on the
parties.
ARTICLE 12. HOLIDAYS
1. The below-listed paid holidays shall be granted under the following conditions:
1) January 1
2) 3rd Monday of January
3) 3rd Monday of February
4) 4th Monday of May
5) July 4
6) 1 st Monday of September
7) 2nd Monday of October
8) November 11
9) Last Thursday in November
10) Friday after Thanksgiving
11) 'li day December 24
12) December 25
13) Birthday
14) 2 Floating Holidays
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day Holiday
Veteran's Day
Thanksgiving Day
Christmas Eve
Christmas Day
After 1 year of continuous service
After 1 year of continuous service
2. Where observance of these holidays may interfere with the work schedule, such
observance on alternate date may be made at the department head's discretion, with the
approval of the City Manager. In such circumstances, an employee shall receive, at the
employee's option, an additional day's pay at their straight-time rate of pay, or
compensatory time at their straight-time rate of pay.
3. When a holiday falls on the regularly assigned day off for an employee, such employee
shall receive, at the employee's option, an additional day's pay at their straight-time rate
of pay, or compensatory time at their straight-time rate of pay.
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ARTICLE 13. SICKLEAVE
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.
(d) Illness or injury to a member of a bargaining unit member's immediate
family that requires the employee to care for that immediate family member.
2. Employees shall be credited with one (1) day of sick leave at the end of each
month during the year.
3. Sick leave may be taken only to the extent that it is accrued. No advance sick
leave shall be granted except in an emergency and upon approval of the City Manager.
4. Current employees will be eligible to receive the sick leave payout, with the
existing cap of 600 hours, for the term of this Agreement. Employees who are hired on
or after October 1, 1995, will not be eligible to receive any sick leave payout.
5. Effective October 1, 1995, employees will be allowed to accrue sick leave in
excess of the 600 hours cap. Nevertheless, the sick leave payout will be governed by
Section 4 of this Article.
6. All current employees, as of October 1, 1995, will retain current payout provision
upon termination of employment, and will have no cap on sick leave accrual. All
employees hired after October 1, 1995, shall receive no sick leave payout upon
termination, but will have a "no-cap" maximum on sick leave accrual. All employees
who have attained a sick leave balance of a minimum of 36 days (288 hours) shall be
eligible on their first anniversary date following that accumulation to convert up to 32
hours of their annual unused sick leave balance in excess of 288 hours to vacation leave.
An employee who uses in excess of 32 hours of sick leave during a one-year period will
not be eligible for this benefit. The catastrophic illness bank will be abolished and
accrued hours will be returned to employees who have accrued this leave. Sick leave
donated to assist other employees in need shall not be counted against the donating
employee for the purpose of conversion to vacation.
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7. An employee whose service with the City is terminated and who has taken sick
leave that is unearned at the date of termination, shall reimburse the City for all salary
paid in connection with such unearned leave, except in cases where the employment is
terminated by the death of an employee, or in cases where an employee is unable to
return to duty because of his disability, the evidence of which shall be supported by an
acceptable medical certificate.
8. In all cases of absence on sick leave in excess of three (3) work days and in cases
of absence on sick leave for any period less than three (3) work days when the Chief of
Police shall so direct, the written request for sick leave shall be accompanied by a
certificate signed by the physician or other licensed medical practitioner treating the
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 Chief of Police may issue additional directives not to
exceed four (4) months in duration, in his discretion. The issuance of all such directives
may be appealed to the City Manager. Failure to furnish such a medical certificate for
absences in excess of three (3) workdays, or for any absence when so directed by the
Chief of Police, shall result in the absence being charged to the vacation leave of the
employee and possible disciplinary action.
9. Employee hired prior to October 1, 1995, who voluntarily terminates employment
from the City, shall receive payment for leave deposited in the sick leave bank in
accordance with following schedule:
After 5 years of continuous service 25%
After 10 years of continuous service 50%
After 15 years of continuous service 75%
After 20 years of continuous service 100%
10. The parties agree that the City may take any steps it deems appropriate to strictly
administer and enforce the City sick leave policy in such a manner as to eliminate abuse
of sick leave privilege.
11. In the event an employee is killed in the line of duty, or he dies by natural causes,
his heirs shall receive one-hundred percent (100%) of his remaining 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.
13. It is further understood and agreed that all issues pertaining to Sick Leave Usage
shall be governed by City of South Miami Sick Leave Policy as described in the
Personnel Manual in effect at the time of request.
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ARTICLE 14. FUNERAL LEAVE
1. Employees covered by this Agreement shall be entitled to funeral leave with pay up to
a maximum of four (4) workdays in the event of a death in the employee's family. Two
(2) additional days of leave may be granted if travel in excess of 250 miles one way is
necessary.
2. The immediate family shall be defined as wife or husband, grandparents, parents,
stepparents, children, stepchildren, grandchildren, brothers, stepbrothers, sisters,
stepsisters,jather-in-law, mother-in-law, brother-in-law sister-in-law, grandparents-in-
law, domestic partners and all approved familial relationships within, applicable to
domestic partners.
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 his designee before compensation is
approved.
4. Funeral leave shall not be charged to sick leave or atillualleave.
5. Should an employee require more funeral leave above the allotted time, he may request
additional time not to exceed ten (10) days. Such requests must be submitted at least five
(5) days plior to the start of the requested leave and be pre-approved by the Chief of
Police. Moreover, the employee requesting such leave must have at least ten (10) days in
either his sick, vacation or compensatory leave banks.
ARTICLE 15. LEAVE OF ABSENCE
1. "No Pay" leave may be granted by the City Manager for a period not to exceed
six (6) calendar months to enable the employee to receive professional or technical
training which will improve 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 SOOl1 as a new job position for which the employee qualifies,
is available.
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ARTICLE 16. VACATION LEAVE
1. The term "Vacation Leave" shall be used to designate leave with pay granted to
an employee on the following prorated basis:
Years of Uninterrupted Service
1) 1 to 5 years inclusive
2) 6 to 14 years inclusive.
3) 15 to ·19 years inclusive
4) 20 years and over
Amount of Vacation
2-2/5 weeks or 12 working days
3 weeks or 15 working days
3-3/5 weeks or 18 working days
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 is principally intended for use during the year in
which it is earned. Under exceptional circumstances and upon written request within the
year in which the vacation time is earned, such time may be used up to 30 days past the
employee's anniversary date with the written approval of the City Manager.
(c) Vacation leave may be taken to the extent that it is earned by the
employee, subject to the prior approval of the Chief of Police, upon written application
by the employee in advance, and at the convenience of the City.
(d) Any earned and credited vacation unused leave accrued by 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 paychecks in advance of scheduled
vacation 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 petmitted to split their vacation dates at the discretion of the
Chief of Police.
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ARTICLE 17. EXTRA-DUTY POLICE EMPLOYMENT
1. Employees agree to be bound by and abide by the Revised Extra-Duty Police
Employment Policy as developed by the Chief of Police. The City shall provide the
Association with two (2) weeks advance notice of any modifications to the aforesaid
Extra-Duty Police Employment Policy.
2. Effective upon ratification, the Revised Extra-Duty Police Employment Policy shall be
revised to reflect that the City shall be entitled to no more than a five dollar ($5.00) flat
fee per hour per detail worked by a bargaining unit member.
3. Effective upon ratification, the Revised Extra-Duty Police Employment Policy shall be
revised to reflect that all extra-duty details requested with more than three days notice to
the City shall be bid by seniority in the following order: police officers, police sergeants,
other police department employees.
4. 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.
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ARTICLE 18. INSURANCE BENEFITS
The City agrees to pay for HMO health insurance for all employees covered by
this Agreement. Employees wanting the optional POS or PPO health insurance will pay
the difference between the two plans. The City will also continue the current levels of
coverage for dental, life and disability insurance.
ARTICLE 19. MANAGEMENT RIGHTS
1. The Association and its members recognize that the City has the exclusive right to
manage and direct all of its operations. Accordingly, the City specifically, but not by
way of limitation, reserves the exclusive right to:
A. Decide the scope of service to be performed and the method of
servlce;
B. Hire andior otherwise determine the qualifications of employees
and the criteria and standards for employment;
C. Promote employees from the ranks of Division Commander,
Lieutenant and Captain within the sole discretion of the Chief of
Police;
D. Terminate or otherwise discipline employees for just cause;
E. Promote and determine the qualifications of employees;
F. Layoff andlor relieve employees from duty due to lack of work;
G. Transfer employees from location to location and from time to
time;
H. Rehire employees;
1. Determine the starting and quitting time and the number of hours
and shifts to be worked subject to Article 20;
J. Determine the allocation and conte~t of job classifications;
K. Formulate andior amend job descriptions;
L. Merge, consolidate, expand, or curtail or discontinue temporarily
or permanently, in whole or in part, operations whenever in the
sole discretion of the City good business judgment makes such
action advisable;
M. Contract and/or subcontract any existing or future work;
N. Expand, reduce, alter, combine, assign, or cease any job;
O. Determine whether and to what extent the work required in its
operation shall be performed by employees covered by this
Agreement;
P. Control the use of equipment and property of the City;
Q. Determine the number, location, and operation of headquarters,
annexes, substations and divisions thereof;
R. Schedule and assign the work to the employees and to determine
the size and composition of the work force;
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S. Determine the services to be provided to the public and the
maintenance, procedures, materials, facilities, and equipment to be
used, and to introduce new or improved services, maintenance
procedures, materials, facilities and equipment;
T. Take whatever action may be necessary to carry out the mission
and responsibilities of the City in emergency situations;
U. Formulate, amend, revise and implement policy, programs, rules
and regulations;
V. Have complete authority to exercise those rights and powers that
are incidental to the rights and powers enumerated above,
including the right to make unilateral changes.
2. The above rights of the City are not all-inclusive but indicate the type of matters
or rights that belong to and are inherent in the City as the employer. Any of the rights,
powers, and authority the City had prior to entering into this 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 anyone or more of the above functions from time to
time, this will not be deemed a waiver of the City's right to exercise any or all of such
functions.
ARTICLE 20. WORK STOPPAGES
1. The Association agrees that, under no circumstances, shall there be any work
stoppage, strike, sympathy strike, safety strike, jurisdictional dispute, walkout, sit-down
stay-in, sick-out or any other concerted failure or refusal to perform assigned work for
any reason whatsoever, or picketing in the furtherance of any of the above-prohibited
activities, nor shall any bargaining unit personnel refuse to cross any picket line at any
location, whether the picketing is being done by the Association or any other employee
organization or union.
2. The Association agrees that the City shall retain the right to discharge or
otherwise discipline some or all of the employees participating in or promoting any of the
activities enumerated in paragraph 1 above, and the exercise of such rights by the City
will not be subject to recourse under the grievance/arbitration process.
3. It is recognized by the parties that the activities enumerated in paragraphs 1 and 2
above, are contrary to the ideals of professionalism and to the City's community
responsibility. Accordingly, it is understood and agreed that in the event of any violation
of this Atiicle, the City shall be entitled to seek and obtain legal andlor 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 when such
act constitutes a violation of state law or the provisions of this Agreement.
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ARTICLE 21. AWARDS
The City will endeavor to provide a formal system of awards for various degrees
of outstanding service. Employees selected as Officer of the Month or Supervisor of the
Month shall receive official awards which are to be posted conspicuously in the Police
Station and City Hall. Additionally, formal recognition of an employee's exceptional
service shall be placed in persOlmel file. .
ARTICLE 22. MILITARY LEAVE
The City shall abide by any and all statutory rights employees who are also
members ofthe United States military are entitled to.
ARTICLE 23. AUTHORIZED USE OF PRlV ATE AUTOMOBILE
Any employee must be authorized in writing in advance to use his private
automobile in the perfOfmance of his City duties and will be compensated at the mileage
rate prescribed by FlOfida 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 ass,ignment, whichever is shorter. Mileage shall not
be paid for commuting to and from the regular duty station or for court appearances or
case-related conferences.
ARTICLE 24. BULLETIN BOARDS
The City shall permit the Association to post notices of an informational nature
and names and addresses of officers, directors, and representatives of the Employee
Organization on a 5' x 4' bulletin board in the squad room at the police station. A copy of
each notice to be posted shall be transmitted to the Chief of Police or 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 signs each notice to
be posted.
ARTICLE 25. SEVERABILITY CLAUSE
Should any provision of this Agreement or any part thereof, be rendered Of
declared invalid by reason of any existing or subsequently enacted state Of federal
legislation, or by any decree of a court of competent jurisdiction, all other articles and
sections of this Agreement shall remain in full fOfce 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 for, or ramifications of such action to this
Agreement.
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ARTICLE 26. COMPENSATION
~ Upon ratification bargairung unit members shall receive cost of living adjustments
based on the Consumer Price Index -All Urban Consumers 12-Month Percent Change
for the Miami-Ft. Lauderdale FL area (CPI), (computed as the aggregate or prorated
amount depending on the employees' date of employment, of the last 3-years of
COLA, 12-month average change percentage) which shall have the effect of
increasing the pay for each employee to ensure employees do not lose earnings to
inflation.
Over the past three years the Consumer Price Index-All Urban Consumers 12-month
Percent. Change for the Miami-Ft. Lauderdale, FL area (CPI) has been established by
the United States Department of Labor, Bureau of Labor Statistics as follows:
(Annual CPI 2012) October 1,2013 -September 30, 2014 = 1.9%
(Annual CPI 2013) October 1,2014 -September 30, 2015 = 1.3%
(Annual CPI 2014) October 1, 2015 -September 30, 2016 = 2.1 %
(Annual CPI 2015) October 1,2016 -September 30, 2017 = 0.9%
, Any employee hired prior to October 1, 201~;Shall receive a 5.3% COLA
mcrease. (
Any employee hired on or after October 1,2014 but prior to October 1,2015 shall
receive a 3.4% COLA increase.
Any employee hired on or after October 1,2015 but prior to October 1,2016 shall
receive a 2.1 % COLA increase.
2. Effective October 1, 2016, and each year there after, bargaining unit members shall
receive a cost of living increase, based on the Consumer Price hldex -All Urban
Consumers 12-Month Percent Change for the Miami-Ft. Lauderdale FL area (CPI)
which shall have the effect of increasing the pay for each employee, unless the CPI.is
zero or is negative, which shall then have no decreasing effect on the employee's pay
Any employee hired on or employed on or after October 1, 2016 but prior to October 1,
2017 shall receive an additional 0,9% COLA increase.
Bargaining unit employees who serve as Field Training officers pursuant to the
criteria below will receive a seven percent (7%) of their base hourly rate as a supplement
during the time that the employee performs FTO duties. In order to receive the FTO
supplement, the employee must: (1) secure an FTO certificate from the State of Florida,
and (2) be assigned to and actually perform FTO duties. Thus, employees will receive
FTO pay only during those days in which the employee is at work, is assigned to FTO
duties and performs FTO duties. The seven percent (7%) FTO supplement will be added
to the employee's base pay for the days during which the employee receives such
supplement.
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4. Bargaining unit employees covered by this Agreement who are temporarily assigned to
a higher rank shall receive seven percent (7%) of their base hourly rate as a supplement
for each full day worked in the higher rank.
5, Longevity pay shall be calculated based on the hourly rate of each bargaining unit
employee.
6, Bargaining unit employees assigned to uniform patrol who are covered under this
Agreement and are assigned to afternoon or midnight shifts shall receive a shift
differential pay of $0,35 (afternoon shift) or $0,50 (midnight shift). Bargaining unit
employees assigned to uniform patrol who are covered under this agreement and are
assigned to afternoon or midnight shifts shall receive a shift differential pay of $0.45
(afternoon shift) or $0,60 (midnight shift). The shift differential, for overtime and
pension calculation, is not tied to the base, Hours must be actually worked in order to
receive the differential pay .
7. Bargaining unit employees covered under this Agreement who are assigned to the
following specialized units shall receive an assignment pay increase of $0.50 per hour for
time actually worked, The assignment pay is not tied to the base for overtime and
pension calculations ,
a, Motors/Traffic Unit
b, G,LU,
c, S,LD.
d, K-9
e . SWAT
Effective October 1,2016, the pay step program shall be implemented and begin as
follows:
A step pay increase will be awarded at the end of the month upon completion of
anniversary year within the employee's classification provided he meets the provisions
contained in this Article.
Schedule is as follows:
-2% step pay increase = Year 2 of the pay step program (completed 24 months of
service from October 1,2016)
-2% step pay increase = Year 4 of the pay step program (completed 48 months of
service from October 1, 2016)
-2% step pay increase = Year 6 of the pay step program (completed 72 months of
service from October 1,2016)
-2% step pay increase = Year 8 of the pay step program (completed 96 months of
service from October 1, 2016)
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-2% step pay increase = Year 10 of the pay step program (completed 120 months
of service from October 1,2016)
-3 % step pay increase = Year 15 of the pay step program (completed 180 months
of service from October 1,2016)
-3% step pay increase = Year 20 of the pay step program (completed 240 months
of service from October 1,2016)
Employee must not have any of the following within a two (2) year period preceding the
effective date of the step increase:
• Received a score below 3.0 on the annual performance review
• A sustained or upheld Suspension
• Be on a Performance Improvement Plan
Once the listed above items have been resolved and finalized for employee record, then
employee can request to be reviewed again for step pay increase. An employee that has a
suspension or annual performance review overturned through the appropriate appellate
process shall be entitled to the applicable step pay increase he would have othelwise
received at the time.
An Employee must be an employee of the City on the award date the step pay increase is
scheduled.
Special Risk Pay shall be $50.00 per pay period for term of this contract.
Command Staff is defined as any member of this collective bargaining unit with the rank
of lieutenant or higher. Employees covered by this Agreement shall be entitled to
Command Staff Incentive Pay in the amount of $60 per pay period. Such payment shall
be excluded from any calculation of pensionable compensation.
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ARTICLE 27. PROHIBITION AGAINST RE-OPENING OF NEGOTIATIONS
Except as specifically provided herein, neither party hereto shall be permitted to
re-open this Agreement or any part of this Agreement. This Agreement contains the
entire agreement of the parties on all matters relative to wages, hours, working
conditions, and all other matters which have been, or could have been negotiated by and
between the parties prior to the execution of this Agreement.
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) long sleeve shirt;
(b) Five (5) short sleeve shirts;
(c) Five (5) pairs of trousers;
(d) One (1) hat;
( e) Badge and name tag;
(f) Duty Belt and accessories to include: but not be limited to: handcuffs and
case cartridge case, holster and hand held radio holder;
(g) The appropriate quantity of ammunition;
(h) One (1) jacket with zip-out lining;
(i) One (1) pair police low quarter corfam shoes;
CD Raingear.
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 $700 dollars annually. One-half (112) of said allotment will be paid on the
pay day nearest the 15th of December of each year and the other one-half (112) will be
paid on the pay day nearest the 15th of June of each year provided that the employee is
employed on said day.
3. Uniformed employees covered under this Agreement will receive a clothing allowance
of $400 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.
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4. Each bargaining unit employee covered by this Agreement 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 as specifically directed by the Department.
5. Each officer (upon request) will be issued surgical gloves and a plastic pocket
resuscitation mask for use in administering first aid. Such items shall be replaced as
needed.
6. Employees may be allowed to carry personally-owned shot-guns and ammunition
which conform to department standards once the employee is qualified for use in that
weapon or an identical weapon by a certified range master.
7. All personnel who intend to carry personal semi-automatic weapons on duty are
subject to the following conditions:
1) The officer must complete transitional training prior to obtaining approval to
carry the firearm as provided for in Article 10.3 -TRAINING.
2) A request to carry the firearm shall be approved by the ChiefofPolice.
3) Firearm shall be inspected and approved by a Department armorer.
4) Sworn personnel shall not modify authorized fireal'ms.
5) Holster and ammunition magazine holder shall be provided by the
Department.
6) The officer shall complete a training course pertaining to the new firearm.
7) The officer shall qualify with firearm.
8) Firearms and magazines shall be carried with Department issue ammunition
only.
9) The Department shall set forth the manufacturers and models approved for
use.
8. Employees shall be issued impact batons with holsters and shall receive appropriate
training for use of such 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.
ARTICLE 29. PHYSICAL EXAMINATION AND WORKERS'
COMPENSATION BENEFITS
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.
24
2. Employees covered by this agreement further agree that, in the interest of public
confidence, there needs to exist a management right to submit employees at random and
without notification for drug and alcohol testing. Said tests shall be in addition to the
annual physical and may occur not more than one time per employee each year.
3. It is further understood and agreed that all issues pertaining to the City's Drug and
Alcohol Policy shall be governed by the City of South Miami Personnel Manual.
ARTICLE 30. RETIREMENT BENEFITS
1. Each bargaining unit employee who retires on length of service or medical
disability shall receive an honorary one-grade promotion and shall be issued a badge and
identification card clearly marked "retired".
The following changes in retirement benefits are hereby agreed and are incorporated
hereto as historical data:
(a) Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased
from 1.9 % to 2.25% for services performed in the 1995-1996 fiscal year;
(b) Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased
from 2.25% to 2.50% for services performed in the 1996-1997 fiscal year;
(c) Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased
from 2.50% to 2 .75% for services performed in the 1997-2001 fiscal years.
Cd) Effective October 1,2001, the benefit accrual rate (multiplier) shall be increased
from 2.75 to 2.80 percent for services performed in the 2001-2002 fiscal year.
(e) Effective October 1, 2002, the pension benefit accrual rate (multiplier) for sworn
police personnel shall be increased from 2.80 percent to 2.90 for services performed in the
2002-2003 fiscal year.
(f) Effective October 1, 2003 and thereafter the pension benefit accrual rate
(multiplier) for sworn police personnel shall be increased from 2.90 to 3.00 percent.
(g) The multiplier factor for all years of service prior to October 1, 1993, the
multiplier shall be 1.6%. For services rendered during fiscal year 1993-94 (October 1,
1993 through September 30, 1994), the mUltiplier shall be 1.8%. For services rendered
during October 1, 1994 through September 29, 1995, the multiplier shall be 1.9% to be
applied at the time of retirement of each bargaining unit employee covered by this
Agreement.
25
2. Bargaining unit employees shall be 100% vested in the retirement plan when
completion of ten (10) years continuous full time service in the retirement plan is
completed.
3. Effective October 1,2016 police officer contributions will be capped at no more
than 12.0% of earnings.
4. The sum of $37,780.00 lwill be paid from the Chapter 185 Police Retirement
funds to the South Miami Police Pension Plan each year, regardless of the growth or
diminution in future Chapter 185 funds in partial exchange for the 25 years of service and
out benefit and providing the pension benefit accrual rate (multiplier) for sworn police
personnel shall not be less than two percent (2.0%) for all years of service improvement
to the pension plan.
5. 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 best five (5) year period of the participant's career with the City of South Miami
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. A year, for the
purposes of this section, shall be defined as 26 consecutive pay periods. The best five (5)
years is defined as the five (5) best 26 consecutive pay periods within a participant's
career. However in no event shall such pay periods overlap. The City shall pass whatever
ordinances are required to effectuate this change, if necessary.
6. The normal retirement date (the earliest date a bargaining unit employee may
retire with full unreduced pension benefits) for a participant shall be the date when the
employee completes 25 years of credited police service, regardless of age, or attainment
of age sixty (60) and when he has completed ten (10) years of credited police service.
7. 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.
8. Employees covered by this Agreement shall be allowed to apply for permission to
purchase credit for immediate past City service as a member of the bargaining unit up to
a maximum of five (5) years in the South Miami Retirement System pursuant to
procedures to be promulgated by the City in consultation with the PBA. The actuarial
and technical language is to be prepared by a certified company agreed to by the City and
the PBA, and adopted by the Pension Board. Any condition or impairment of health of
any police officer caused by tuberculosis, hypertension, heart disease, or hardening of the
arteries, resulting in total disability or death, shall be presumed to be accidental and
suffered in the line of duty unless the contrary be shown by competent evidence.
1 It is contemplated that both the rank and file and supervisOly collective bargaining agreements reflect the
$37,780.00 payment, however only one payment shall be made each year that covers the plan as a whole,
without regard to the two bargaining agreements.
26
9. The maximum amount of overtime hours for pension calculations for anyone
fiscal year shall not exceed 300 hours. The day following the ratification of this
Agreement, any accumulated time which is eligible for payout upon separation from
employment with the City shall remain eligible for pension calculations and subject to
pension contributions upon payout. Any accumulated time that is eligible for payout
after the ratification of this Agreement will be considered new accumulated time. Any
and all new accumulated time, eligible for payout upon separation from employment with
the City, shall not be eligible for pension calculation or subject to pension contributions
10. Attached hereto and incorporated by reference herein, is Ordinance 16-08-1951
adopted May 20, 2008, entitled "Pension Plan."
ARTICLE 31. EDUCATIONAL INCENTIVE
1. The City agrees to bear the cost of tuition for specialized education courses to
better equip the officers for the performance of the patiicular job and/or position in which
they are employed.
2. Every application for educational assistance shall be subject to the approval of the
Chief of Police and the City Manager. Such approval must be obtained at least thirty (30)
days prior to the beginning of any course.
3. If any application is approved, guidelines for reimbursement are as follows:
a) 50% reimbursement of the course cost for a grade of IIC II or better for
undergraduate courses;
b) 50% reimbursement of the course cost for a grade of "B II or better for
graduate courses;
c) Any such reimbursement shall be made only upon submission of proof
of the grades as provided in sub-sections a and b above;
d) The credit hour cost of any courses approved shall be capped at the rate
used by local publicly funded universities and/or community colleges.
4. Employees utilizing educational assistance must remain with the City for a period
of at least two years following completion of any reimbursed course, or said money must
be repaid to the City (amount may be deducted from final pay).
27
ARTICLE 32. EMPLOYEE PREGNANCYIMATERNITY LEAVE
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 1ll1paid maternity leave. Such
maternity leave shall be granted for a period of up to six (6) months. In the event that the
pregnant employee has any accrued arumal leave, sick leave or comp time, she may use
all or any part of the accrued leave at her request in lieu of 1ll1paid leave. The City will
abide by all applicable State and Federal law regarding pregnancy and leave time.
ARTICLE 33. EMPLOYEE ASSISTANCE PROGRAM
The City and the PBA concur that an Employee Assistance Program (EAP) would be of
great value in supporting the operations of the Police Department and to bolstering the
welfare of the Departmenfs law enforcement personneL Therefore, it is agreed that the
City Manager and the PBA unit representatives will meet, as needed, to develop an action
plan to implement such a program that is responsive to the needs of the bargaining unit
and is affordable to the City.
ARTICLE 34. ABOLISHMENT OR MERGER
1. Whenever the abolishment or merger of the police department is contemplated,
the Association shall be informed of such plans in advance and be given an opportunity
to negotiate concerning the impact of such abolishment or merger proposal upon this
Agreement.
2. The abolishment or merger negotiations shall include discussion of provisions for
the placement of personnel in other departments or, in the alternative, severance benefits.
ARTICLE 35. AMERICANS WITH DISABILITIES ACT
Notwithstanding any other provision of this Agreement, the PBA agrees that the City
may take whatever actions may be necessary to comply with the Americans with
Disabilities Act or the Florida Civil Rights Act to provide reasonable accommodation to
individuals with disabilities as required under those laws. To accomplish this, the City
shall notify the PBA of the action it intends to take to comply with the ADA or the
Florida CRA. If the PBA disagrees with the action contemplated by the City, the PBA
shall immediately request negotiations with the City to resolve the issue and to determine
the parties' mutual obligations to comply with these laws. However, allY contention or
claim that the City violated any provision of the Americans with Disabilities Actor the
Florida Civil Rights Act shall be exclusively resolved through available administrative or
judicial remedies, and shall not be subject to the grievance procedure provided within this
Agreement.
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ARTICLE 36. TERM OF AGREEMENT
Except as provided herein, all provisions of this Agreement shall be effective upon
ratification by the PBA and the City. This Agreement shall remain in full force and
effect until and including September 30, 2018.
City of South Miami:
By: Date:
Steven Alexander, City Manager
Approved as to form, sufficiency and legality:
By: Date:
Thomas Pepe, Esq., City Attorney
Miami-Dade County Police Benevolent Association:
By: Date:
John Rivera, President
By: Date:
Blanca Greenwood, Esq.
By: Date: ---------------------
Cristina Escobar, Esq.
29
I UNDAY JUNE 11 10 16
MIAMIHERAlD.COM NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
I 33SE
NOTICE JS H E R EBY g ive n that the Ci ty Commi ss io n of the C it y of South Miami , F l orida w ill conduct Publi c Hearing(s) at its
regul a r C ity Commi ssion m eet ing sc h edu led for Tuesday, June 21 ,20 16 , beginning a t 7:00 p.m., in the City Commi ssi on Chambers,
6130 Sunset Drive , to co n s id e r Ihe fo ll owin g item(s):
A Res0l ution relating 10 an a ppli cation for waiver of p lat flOr the s u bdivision of property l ocated al6050 SvV 8 J Street.
A Resolution approving speci a l exceptio n s waiving st rict co mpliance with th e IlOl cove rage, parking, hei g ht , and
setback provi s io ns of the Hometowll District Overlay Ordi n ance for a proposed addition l ocated at 5875 Su n set Drive.
(
A Resolution approving and authori z in g th e C ity Manager to execu te a three (3) year (October 1,20 I 5 -september )
30,20 J 8 ) agreen:ent b e t ~ee n the M ia mi -Dade County P oli ce Benevolent Association Coll ec ti ve Bargaining Un i o n
(",LIeu tenants & Captam s ) and th e CIty of South MIamI.
A Resolution auth orizin g the C ity Manager to ent er int o a three-year agreement w ith AT & T to rep lace existi ng
n etwork conn ectio ns at Park s a nd Recreation, Public Works a nd City Hall.
A n O rdi n a n ce am endi ng C hapter 13A. Section 13A-22 of the C ity of South Miami Code of Ordi nances . entitl ed
"Ball ooll Regu lati on s ." providin g for the regu la ti on of b a lJ oon usage and ballolOn releases in the City limi ts.
A n Ordinance am ending the Land Devel o pm ent Code , Arti cle lit "Zoni n g Regulations ," Sec ti on 20-3.6. "Supplemental
Regulations." to amend a nd c larify the h e ight limi tation s on fe n ces. wa ll s, h edges ancl s imil ar features in res id e nti a l
zo ning di stricts.
An Ordinance amending Section 20-5.4, "Compl et e a ppli cation s r e quired," Sectio n 20-5.5 , "A ppli cations requiring
publi c h ear in gs," and Section 20 -5.6, "Applications in gencral ," or the Soulh Miami La nd Dcvclopmcnt Code to
es tab li sh requirements for a transportation imp act a nal ysis, and oth er changes includin g correc ti on of nam es , c lari fyi ng
n otice re quirements , and es tablishin g a uthority to defe r a n item.
ALL interested parties are invited to attend a nd w ill be beard .
For f urther informati on , pI case co ntact the City C lerk 's Office at: 305 -663 -6 340.
Maria M. Menendez. CMC
Ci ty Cl erk
Pursuant to Florida Statutes 2g6.0 105. th e City herehy advises th e pub lic that if a pers(l n de cid es to appeal any de cisionllladc by t his Board. Ag cn cy or
CO lllmi s,ion with respect to any maH er con sidereJ at its meeting or hea rin g. he or she wi ll neeJ a record of the proceed in gs , a nd that for sLic h purpo se.
affected pe rson may need to e nsur e th at a ve rb ~t im reco rd of th e pr oceed in gs is made which rec ord in c lu des th e tes timon y and evidence upon which th e
appeal is to be based.
MIAMI DAILY BUSINESS REVIEW
Pub li she d Da lly excep t Sa turday, Sunday and
Legal Holidays
i\.liami , Mtaml~Oade COlmly Flonda
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Be fore the unde rsigned authority person all y appeared
OC TELMA V. FERBEYRE , who on oalh says Ihal he or she IS
tile V ICE PRES ID ENT , Lega l Notices of the Miami Dally
Business ReView flk/a M ' R la ml eVlew , a daily (excep l
Salurday , Sunday and Legal Ho lidays) newspaper .
pub lished al Miami in Miami -D ade Co unt y. FlOrida ; tila l Ihe
attached copy of advert isement being a Lega l Ad vertisement
of Notice In Ihe matter of
NOTICE OF PUBLIC HEARIN G
CiTY OF SOUT H MIAMI -JUNE 21 ,2016
In the XXXX Court ,
was publls lled In sai d newspaper In Ihe Is sues of
06/10/20113
Affiant furth er say s that the said Miami Dally Business
ReView IS a news paper pub lished at Miami In sa id
Miami-Dade County FlOrida and that the said ne~spaper ha s
herelofore been co nt in uou sly pub lished In said Ml alnJ -Dade
County , FlOrida each day (except Sa turd ay . Sunday and
Lega l Ho liday s) and has been ente red as second class mall
matter at Ihe pos l office In Miami In sa id Miami-Dade County
FlOrida fo r a period of one year next preced in g the fi rst'
publication of Ihe att ache d copy of advertiseme nt ; and affia nl
further says that he or she has neither paid nor promise d any
person , firm or corp oration any discount, rebate . commiSSion
or refund for the purpose of securing thiS advertisement for
PPbl;"","~..0
Sworn to an d subscribed be fore me thiS
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OC TEUvtA V FERBEYRE persona ll y known to me
RI-IONDA M Pel TIER
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f:-<.P li~r:s Ivlily 17 2019
eRTV OF SOUTH M8AMB
NOTOCE elF PUBILIC HEADlDNG
NOTICE IS HEREBY given that the City Commiss ion of the City of South
Miami, Florida will conduct Publi c Hearing(s) at its regu lar City Commission
meeting scheduled for Tuesday, June 21, 2016, beginning at 7:00 p,m., in
the City Commission Chambers, 6130 Sunset Drive, to cons ider the
following item(s): .
(
A Resolution relat ing to an application for waiver of plat for ihe subdivision
of property located at 6050 SW 81 Street.
A Resolution approving specia l exceptions waiving st rict co mplia nce
with the lot c,overage , parking, height , and setback provisions of the
Hometown District Overlay Ordinance fo r a proposed addition located
at 5875 Sunset Drive.
A Resolution approving and authorizing the City Manager to execute a)
three (3) year (October 1, 2015 -September 30, 2018 ) ag reement between
the Miami-Dade County Police Benevolent Association Collective Bargaining
Union ("Lieutenants & Captains ") and the City of South Miami.
A Resolution authorizing the City Manager to enter into a ttiree-year
agreement with AT & T to replace existing network connec tions at Parks
and Recreation, Publi c Works and City Hall.
An Ordinance amending Chapter 13A, Section 13A-22 of the City of South
Miami Code of Ordin ances, entitled "Balloon Regulations ," providing for
the regulation of balloon usage and ba ll oon releases in the City limits.
An Ordinance amending the Land Development Code , Article III ,
"Zo ning RegUlations," Section 20-3 .6, "Supplemental RegUlations ," to
amend and clarify the height limitations on fences , walls, hedges and
similar features in residential zoning districts.
An Ordinance amending Section 20-5.4, "Complete ap plications required ,"
Section 20-5.5, "Applications requiring public hearings ," and Section
20-5.6, "Applications in general," of the South Miami Land
Development Code to establ ish requirements for a transportation
impact analysis , and other ch anges including correction of names,
cla rifyingnoticerequirements , and establishing authority to defer an item.
ALL interested parties are invited to attend and will be heard.
Fo r fu rther information, please con tact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Flor ida Statutes 28 6.0 105, the City hereby advises the public
that if a person decides to appeal any decision made by this Board ,
Agency or Commission with respect to any matter considered at its
meeting or hearing, he or she will need a record of the proceedings, and
that fo r sllch purpose , affected person may need to ensu re that a verbatim
record of the proceedings is made which rec ord includes the testimony
and ev idence upon which the appeal is to be based.
6/10 16-96/0000122622M