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Res No 116-22-15869RESOLUTION NO. 116-22-15869 A resolu t ion approving and authorizing the City Manager to execute a three year (October 1, 2021 to September 30, 2024) collective bargaining agreement (Lieutenants and Captains) between the Miami Dade County Police Benevolent Association and the City of South Miami. W HEREAS, the Mayor an d 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 a nd visitors of the City of South M i ami; and WHEREAS, a Collective Bargain ing Agreement with the Miami-Dade County Police Benevolent Association (PBA), the union representing the Lieutena nts and Captains of the South Miami Police Depa rtment, is an i n tegr al compone n t of this effort; and WHEREAS, the City Administrati o n and the PBA ha ve successfully concl ud ed negotiations fo r the period on a new t hree-yea r contract upon executi on, w hich ach ieves these obj ectives; and WHEREAS, the Lieutena nts 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: Section 1: Th e Collective Barga ining Agreement for the t hree-year agreement upon execution between Miami-Dade County Police Benevolent Assoc iation and the City of South Miami is hereby ratified and the City Manager is authorized to execute the Agreement. A copy of the Agreement is attach ed hereto and made a part hereof by reference. Section 2. Severability. If any section clause , sentence, or p h rase of this r esolution is for any reason held inva lid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining porti ons of t hi s resolution. Section 3. Effective Date. This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 6th day of September, 2022. READ AND APPROVED AS TO FORM LANGUAGE, EXECUTION A N D LEGALITY: Comm issio n Vote: Mayor Ph ili ps: Commissioner Harris: Commissioner Gil : 5-0 Yea Yea Yea Commissioner Li ebman : Yea Commissioner Corey: Yea Agenda Item No:11. City Commission Agenda Item Report Meeting Date: September 6, 2022 Submitted by: Samantha Fraga-Lopez Submitting Department: City Manager Item Type: Resolution Agenda Section: Subject: A resolution approving and authorizing the City Manager to execute a three year (October 1, 2021 to September 30, 2024) collective bargaining agreement (Lieutenants and Captains) between the Miami Dade County Police Benevolent Association and the City of South Miami. 3/5 (City Manager) Suggested Action: Attachments: Updated_Memo_re_Resolution_approving_PBA_Agreement.doc Updated_Resolution_Ratifying_CBA_with_PBA_2021-2024 (1).pdf Ratification Ltr CBA SMPD Supervisory Unit.pdf Clean_CBA_Final_Proposed_Agreement_PBA.pdf 2021-2024 PBA CBA Final Proposed Agreement 7-22-22.pdf MDBR Ad.pdf MH Ad.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER To:The Honorable Mayor & Members of the City Commission From:Shari Kamali, City Manager Date:September 6, 2022 Subject:A resolution approving and authorizing the City Manager to execute a three year (October 1, 2021 to September 30, 2024) collective bargaining agreement (Lieutenants and Captains) between the Miami Dade County Police Benevolent Association and the City of South Miami Background:This Agreement covers the Lieutenants and Captains of the City of South Miami Police Department. A total of 4 Lieutenants and 2 Captains makes up the composition of the membership. The parties worked well through several negotiation sessions and were able to reach agreement on the terms and conditions of a three-year Collective Bargaining Agreement; effective upon execution. Notable changes include: Payment in Lieu of Annual Leave Currently, employees who have a balance of 60 hours or greater of accrued annual leave are eligible to convert up to 40 hours of annual leave within a consecutive 12-month period to cash payment. The updated Agreement allows for bargaining unit employees to convert up to 80 hours, provided the employee has a balance of at least 140 hours. Hazard Pay Hazard pay has been increased from $50 a pay period to $75 a pay period. COLA Cap: The Annual Cost-of-Living Increase was previously capped at 3%. The updated agreement provides for a 2% minimum and a 6% maximum. Request: To approve a three (3) year agreement between the Dade County Police Benevolent Association (Lieutenants and Captains)and the City of South Miami. 2 THE CITY OF PLEASANT LIVING Commissioner Gil: 1 Commissioner Liebman: 2 Commissioner Corey: 3 _________________________ 4 CITY ATTORNEY 5 5 6 THE VOICE OF LAW ENFORCEMENT SOUTH FLORIDA POLICE BENEVOLENT ASSOCIATION August 9 , 2022 Via E-Mail: SKamali@southmiami(l.gov & U.S. Mail Shari Kamali , City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re : Collective Bargaining Agreement 2021-2024 Supervisory Unit Ratification Dear Ms. Kamali : This letter is written on behalf of the Dade County Police Benevolent Association ("PBA") and our clients, the City of South Miami (Lieutenants & Captains) collective bargaining unit. Please be advised that a ratification vote session was held today, pursuant to Notice, and I am pleased to announce that the 2021 -2024 Collective Bargaining Agreement ("CBA") was approved by the members of the bargaining unit. It's my understanding that the 2021 -2024 CBA will be on the next council meeting agenda for ratification. Please let us know when the next council meeting is. Thank you, and your team for your time, and the way in which the negotiations were conducted. We really appreciate it. Cristina Escobar Assistant General Counsel Cc: Brendan Coyle, Esquire/PBA (via e-mail only) Thomas Pepe , Esquire/City Attorney (via e-mail only) Rene Landa, Chief of Police/SMPD (via e-mail only) Samantha Lopez-Fraga, Assistant City Manager (via e-mail only) Alfredo Rivero! (via e-mail only) Jesus Aguiar, PBA Rep (via e-mail only) Steadman Stahl , President • 10680 PBA Memorial Boulevard • (Northwest 25th Street) • Doral , Florida 33172-2108 Telephone : 305-593-0044 • Fax : 305-593-1901 • e-mail:pba@sflpba.org • website: www.sflpba.org 1 AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND DADE COUNTY POLICE BENEVOLENT ASSOCIATION LIEUTENANTS AND CAPTAINS OCTOBER 1, 2021 – SEPTEMBER 30, 2024 7 Table of Contents PREAMBLE........................................................................................... 3 ARTICLE 1 RECOGNITION .................................................................................... 3 ARTICLE 2 NON-DISCRIMINATION .................................................................... 3 ARTICLE 3 DUES CHECK-OFF.............................................................................. 3 ARTICLE 4 ASSOCIATION REPRESENTATIVES ............................................. 4 ARTICLE 5 SERVICES TO THE ASSOCIATION ................................................ 4 ARTICLE 6 PERSONNEL RECORDS .................................................................... 4 ARTICLE 7 INTERNAL AFFAIRS INVESTIGATION AND OBLIGATION TO THE PUBLIC ......................................................................................... 5 ARTICLE 8 VEHICLES AND SAFETY EQUIPMENT ........................................ 7 ARTICLE 9 PROMOTIONS AND REMOVAL ...................................................... 7 ARTICLE 10 TRAINING ............................................................................................. 8 ARTICLE 11 GRIEVANCE AND ARBITRATION PROCEDURE ....................... 8 ARTICLE 12 HOLIDAYS .......................................................................................... 10 ARTICLE 13 SICK LEAVE ....................................................................................... 11 ARTICLE 14 FUNERAL LEAVE ............................................................................. 12 ARTICLE 15 LEAVE OF ABSENCE ....................................................................... 13 ARTICLE 16 VACATION LEAVE ........................................................................... 13 ARTICLE 17 EXTRA-DUTY POLICE EMPLOYMENT ...................................... 14 ARTICLE 18 INSURANCE BENEFITS ................................................................... 15 ARTICLE 19 MANAGEMENT RIGHTS ................................................................ 15 ARTICLE 20 WORK STOPPAGES ......................................................................... 16 ARTICLE 21 AWARDS ............................................................................................. 16 ARTICLE 22 MILITARY LEAVE............................................................................ 17 ARTICLE 23 AUTHORIZED USE OF PRIVATE AUTOMOBILE..................... 17 ARTICLE 24 BULLETIN BOARDS ......................................................................... 17 ARTICLE 25 SEVERABILITY CLAUSE ................................................................ 17 ARTICLE 26 COMPENSATION .............................................................................. 18 ARTICLE 27 PROHIBITION AGAINST RE-OPENING OF NEGOTIATIONS ........ 19 ARTICLE 28 UNIFORMS AND EQUIPMENT ...................................................... 20 ARTICLE 29 PHYSICAL EXAMINATION AND WORKERS’ COMPENSATION ............................................................................................................... 21 ARTICLE 30 RETIREMENT BENEFITS ................... 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ARTICLE 31 EDUCATIONAL INCENTIVE.......................................................... 26 ARTICLE 32 EMPLOYEE PREGNANCY/MATERNITY LEAVE ..................... 26 ARTICLE 33 EMPLOYEE ASSISTANCE PROGRAM ........................................ 27 ARTICLE 34 ABOLISHMENT OR MERGER ....................................................... 27 ARTICLE 35 AMERICANS WITH DISABILITIES ACT ..................................... 27 ARTICLE 36 TERM OF AGREEMENT…………………………………………..27 8 PREAMBLE This Agreement is entered into by the City of South Miami, Florida, hereinafter referred to as the "Employer" or the "City" and the Dade County Police Benevolent Association, Inc., hereinafter referred to as the "Association", for the purpose of promoting harmonious relations between the Employer and the Association, to establish an orderly and prom pt procedure for the resolution of grievances, to insure continuation of normal activities and departmental operations, to settle differences which might arise and to set forth the basic and full agreement between the parties concerning rates of pay, wages, hours of work and all other conditions of employment. 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. 9 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 any one grievance. It is understood and agreed, however, that the foregoing is subject to the manpower needs of the Department at all times. 3. The Association Representative shall be allowed to attend the Dade County PBA Board of Directors meeting once a month without loss of pay or leave time, should the meeting take place while the Association Representative is on duty. ARTICLE 5. SERVICES TO THE ASSOCIATION 1. The City will furnish the Association a copy of the Police Department's Rules and Regulations. 2. The City will allow the Association and its 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, including 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. 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 10 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, whichever is the greater period. Such documents shall be kept in a separate file. 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 relati onships, 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 unrestricted right to conduct investigations of citizens’ complaints and matters of internal security; provided, however, that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or matter of internal security shall be conducted under the following conditions: A. The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. B. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation, and he shall be informed of the name of all complainants, if known to the Department. C. The employee under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the employee 11 under investigation shall be asked by and through on e (1) interrogator at any one time. D. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are necessary. All interrogations will be held at the headquarters of the South Miami Police Department, insofar as possible. E. Any employee under investigation shall be informed of the right to be represented by counsel or any other representative of his choice who shall be present at all times during such interrogations whenever the interrogations relate to the employee’s continued fitness for law enforcement services. F. The formal interrogations of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. G. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the 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. I. 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 pay or 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 12 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 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. Bargaining unit members shall be assigned take-home vehicles. 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, during their first year following their appointment to such rank shall 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 during their first year following their appointment to such rank shall remain within the sole discretion of the Chief of Police . There shall be a one (1) year probationary period for Lieutenants and Captains. Such employees shall have no 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. Seniority shall be determined based upon an employee’s date of promotion into his/her rank; however, in the event an employee is demoted or removed from his/her rank for any reason, the employee will be credited with the seniority accrued in the higher rank when returning to the lower rank (i.e. an employee demoted from lieutenant to sergeant will have his/her seniority as a sergeant calculated to include the time he/she was in the higher rank of lieutenant). 3. In the event the City has to remove employees covered by this Agreement from their rank for non-disciplinary reasons (i.e. budgetary), such removal shall be done in the inverse order of seniority and the employees will be bumped down to their last assigned rank, provided they have seniority over the other employees in their last assigned rank. 4. Effective upon ratification, bargaining unit employees assigned to the patrol division will bid for their assigned shift in accordance with seniority as defined in Article 9 of this Agreement. 13 The first shift bid will occur within a pay period after ratification, and thereafter the shi ft bids will occur in accordance with the regular patrol shift schedule. ARTICLE 10. TRAINING 1. The City will provide each employee with a copy of training bulletins. Additionally, the City will promptly post in a prominent place, City training bulletins as well as approved training advertisements. 2. The City agrees to pay for any course at the 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. 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 carry, 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. 5. 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 th is 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 14 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. 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. 15 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 Article. 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). Within fourteen (14) calendar days after receipt of the panel from FMCS the party requesting arbitration will strike the first 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 New Year's Day 2) 3rd Monday of January Martin Luther King's Birthday 3) 3rd Monday of February President's Day 4) 4th Monday of May Memorial Day 5) June 19th Juneteenth 6) July 4 Independence Day 7) 1st Monday of September Labor Day 8) 2nd Monday of October Columbus Day Holiday 9) November 11 Veteran's Day 10) Last Thursday in November Thanksgiving Day 11) Friday after Thanksgiving 12) ½ day December 24 Christmas Eve 13) December 25 Christmas Day 14) Birthday After 1 year of continuous service 15) 2 Floating Holidays 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 Chief’s discretion, with the approval of the City Manager. In 16 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. ARTICLE 13. SICK LEAVE 1. Sick leave shall be granted to employees for absence because of: (a) Personal illness or physical disability resulting in the incapacity of the employee to perform the regular duties of his position and not arising from a service- connected injury or accident. The Chief may instruct an employee to take sick leave when, in the discretion of the Chief, attendance by the employee may lead to the unnecessary infection of others. (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 im mediate 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. 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 8 of this Article. 5. All current employees will retain current payout provision upon termination of employment and will have no cap on sick leave accrual. All employees 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 40 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. 17 6. 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 ter minated 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. 7. 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. 8. Employees hired prior to October 1, 1995, who voluntarily terminate employment from the City, shall receive payment for 100% of leave deposited in their sick bank, up to 600 hours. Employees hired after October 1, 1995 who, upon voluntary termination from the City, have a minimum of 300 hours of leave deposited in their sick leave bank, shall be entitled to a termination payout of 150 sick leave hours. Employees hired after October 1, 1995 with less than 300 hours of sick leave will not be entitled to a sick leave payout upon termination. 9. 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. 10. 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. 11. 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. 12. 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. 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, father-in-law, 18 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 annual leave. 7. 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 prior 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 soon as a new job position for which the employee qualifies, is available. ARTICLE 16. VACATION LEAVE 1. The term "Vacation Leave" shall be used to designate leave with pay granted to an employee on the following prorated basis: Years of Uninterrupted Service Amount of Vacation 1) 1 to 4 years inclusive 2-2/5 weeks or 12 working days 2) 5 to 14 years inclusive. 3 weeks or 15 working days 3) 15 to 19 years inclusive 3-3/5 weeks or 18 working days 4) 20 years and over 4-1/5 weeks or 21 working days 19 (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 permitted to split their vacation dates at the discretion of the Chief of Police. 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. 5. Employees covered by this agreement shall receive a minimum of four (4) hours pay at the according extra-duty rate of pay if the job is stopped prior to reaching four (4) hours of actual time worked. 20 ARTICLE 18. INSURANCE BENEFITS The City agrees to pay for HMO health insurance for all employees covered by this Agreement. Employees wanting the optional POS or PPO health insurance will pay the difference between the two plans. The City will also continue the current levels of coverage for dental, life and disability insurance. The City agrees to remain in compliance with Section 112.0801, Florida Statutes which, states in pertinent part that eligible full-time employees of the City that are participants in the City’s health insurance plans at the time of their retirement shall be afforded the option of continuing to participate in the plans as a Retiree. Procedural information can be found in the referenced Statute and on the City’s Employee Policies and Procedures Manual. ARTICLE 19. MANAGEMENT RIGHTS 1. The Association and its members recognize that the City has the exclusive right to manage and direct all of its operations. Accordingly, the City specifically, but not by way of limitation, reserves the exclusive right to: A. Decide the scope of service to be performed and the method of service; B. Hire and/or otherwise determine the qualifications of employees and the criteria and standards for employment; C. Promote 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 and/or relieve employees from duty due to lack of work; G. Transfer employees from location to location and from time to time; H. Rehire employees; I. 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 content of job classifications; K. Formulate and/or amend job descriptions; L. Merge, consolidate, expand, or curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City good business judgment makes such 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; 21 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 t hat 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 an y reason whatsoever, or picketing in the furtherance of any of the above-prohibited activities, nor shall any bargaining unit personnel refuse to cross any picket line at any location, whether the picketing is being done by the Association or any other employee organization or union. 2. The Association agrees that the City shall retain the right to discharge or otherwise discipline some or all of the employees participating in or promoting any of the activities enumerated in paragraph 1 above, and the exercise of such rights by the City will not be subject to recourse under the grievance/arbitration process. 3. It is recognized by the parties that the activities enumerated in paragraphs 1 and 2 above, are contrary to the ideals of professionalism and to the City's community responsibility. Accordingly, it is understood and agreed that in the event of any violation of this Article, the City shall be entitled to seek and obtain legal and/or equitable relief in any court of competent jurisdiction. 4. For the purpose of this Article, it is agreed that the Association shall be responsible for any act committed by its officers, agent, and/or representatives when such act constitutes a violation of state law or the provisions of this Agreement. 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 22 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 personnel file. ARTICLE 22. MILITARY LEAVE The City shall abide by any and all statutory rights employees who are also members of the United States military are entitled to. ARTICLE 23. AUTHORIZED USE OF PRIVATE AUTOMOBILE Any employee must be authorized in writing in advance to use his private automobile in the performance of his City duties and will be compensated at the mileage rate prescribed by Florida Statutes. Such mileage shall be computed based on the distance between the employee's regular duty station and the place of assignment or the employee' residence and the place of assignment, whichever is shorter. Mileage shall not be paid for commuting to and from the regular duty station or for court appearances or case-related conferences. ARTICLE 24. BULLETIN BOARDS The City shall permit the Association to post notices of an informational nature and names and addresses of officers, directors, and representatives of the Employee Organization on a 5' x 4' bulletin board in the squad room at the police station . A copy of each notice to be posted shall be transmitted to the Chief of Police or his designee prior to posting. Under no circumstances shall the Association tender for posting any notice training material tending to, directly or indirectly, disparage any elected or appointed official or employee of the City. An officer of the Association shall sign each notice to be posted. ARTICLE 25. SEVERABILITY CLAUSE Should any provision of this Agreement or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Furthermore, should any provision of this Agreement become invalid, as described above, the parties shall meet within thirty (30) calendar days of such decision or legislation to discuss substitute provisions for, or ramifications of such action to this Agreement. ARTICLE 26. COMPENSATION 1. Effective October 1, 2016, and each year thereafter, bargaining unit members shal l receive a cost-of-living increase, based on the Consumer Price Index - 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 by receiving a COLA raise every year on October 1st based on the CPI average. Effective upon ratification, the COLA raise every year shall be no less than a 23 minimum of two percent (2%) to a maximum of six percent (6%). 2. 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. 3. 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. 4. Longevity pay shall be calculated based on the hourly rate of each bargaining unit employee. 5. 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 d ifferential, for overtime and pension calculation, is not tied to the base. Hours must be actually worked in order to receive the differential pay. 6. Bargaining unit employees covered under this Agreement who are assigned to the following specialized units shall receive an assignment pay of $80 per pay period. The assignment pay is not tied to the base for overtime and pension calculations. Bargaining unit employees eligible for specialized unit pay will only be eligible for one such $80 increase regardless of how many specialized units they participate in. Effective upon ratification, no bargaining unit members will be eligible to receive this assignment pay, except for the lieutenant currently assigned to GIU, who will continue to receive the pay for as long as he is assigned to GIU. a. Motors/Traffic Unit b. G.I.U. c. S.I.U. d. K-9 e. SWAT 7. Effective March 1, 2022, the merit pay program shall be given every year. A merit increase will be awarded on the employee’s anniversary date within the employee’s classification, provided the employee meets the provisions contained in this article. The merit pay increase shall be 2.5% per year. Within the twelve (12) month period immediately preceding the effective date of the merit increase, the Employee must not have any of the following (these rules do not apply for the CPI increase): 24 - • Received a score below 3.0 on the annual performance review • A sustained or upheld Suspension “Anniversary Date” for purposes of this section is defined as the date employee is promoted into the bargaining unit (i.e. Sergeant to Lieutenant) as well as the date employee is promoted within bargaining unit (i.e. a Lieutenant promoted to Captain will use new date of promotion for month of service calculations). If an employee has been suspended, then once the suspension has ended and it has been resolved or finalized in the employee’s records, then the employee can request to be reviewed again for the merit 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 merit pay increase he would have otherwise received at the time. An Employee must be an employee of the City on the award date the step pay increase is scheduled. 8. Effective March 1, 2022, Hazardous duty Pay shall be $75.00 bi-weekly, which shall be used for pension calculations. 9. 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. 10. If the Police Chief declares Alpha/Bravo mobilization pursuant to a declared State of Emergency and the City of South Miami is reimbursed monies by the Federal Emergency Management Agency, then employees will receive double time pay for all hours worked during the Alpha/Bravo mobilization to the extent reimbursed by the Federal Government. 11. Employees covered by this Agreement with 10 years of continuous satisfactory full-time service shall receive a longevity raise of 3% of the employee’s base salary on their anniversary date (Longevity 1). After 15 years of continuous satisfactory full-time service the employee will receive an additional 3% longevity raise (Longevity 2). After 20 years of continuous satisfactory full-time service, the employee will receive an additional 3% longevity raise (Longevity 3). 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. 25 ARTICLE 28. UNIFORMS AND EQUIPMENT 1. Employees covered by this Agreement shall receive from the City upon appointment, at no cost to the employee, a new uniform, which shall consist of the following: (a) One (1) long sleeve shirt; (b) Five (5) short sleeve shirts; (c) Five (5) pairs of trousers; (d) One (1) hat; (e) Badge and name tag; (f) 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; (j) 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 (1/2) of said allotment will be paid on the pay day nearest the 15th of December of each year and the other one-half (1/2) will be paid on the pay day nearest the 15th of June of each year provided that the employee is employed on said day. 3. Uniformed employees covered under this Agreement will receive a clothing allowance of $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 w ill be given the terminated employee until all city-owned property such as uniforms and equipment, ID, etc. has been returned to the City. 4. Each 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. 26 7. All personnel who intend to carry personal semi-automatic weapons on duty are subject to the following conditions: 1) The officer must complete transitional training prior to obtaining approval to carry the firearm as provided for in Article 10.3 - TRAINING. 2) A request to carry the firearm shall be approved by the Chief of Police. 3) Firearm shall be inspected and approved by a Department armorer. 4) Sworn personnel shall not modify authorized firearms. 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. 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. 4. In the event of an on-the-job injury to an employee, not as a result of negligence by the employee, such employee will be carried at full pay and benefits for a period not to exceed 180 calendar days. 27 ARTICLE 30. RETIREMENT BENEFITS 1. Each employee who retires with a normal retirement, early retirement, or disability retirement benefit shall receive an honorary one-grade promotion and shall be issued a badge and identification card clearly marked "retired". The honorary one-grade promotion shall not affect salary, benefits or the calculations of pension and/or distributions. 2. 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. d. Effective October 1, 2001, the benefit accrual rate (multiplier) shall be increased from 2.75 to 2.80 percent for services performed in the 20012002 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. 28 3. Bargaining unit employees shall be 100% vested in the retirement plan when completion of ten (10) years continuous credited full-time service in the retirement plan is completed. 4. Effective October 1, 2001, the employee contribution to the retirement plan will be 7.5%. Should the total contribution be actuarially determined to exceed 15%, both the City and the employees will share equally the excess amount (should the total contrib ution be actuarially determined to be 17%, the City shall contribute a total of 8.5% and the employees shall contribute a total of 8.5%); provided however, effective October 1, 2016, the employee contribution will not exceed 12%. 29 Below is the sum of the amount to 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. Below is a breakdown of the minimum benefit, the cost, and date of expiration. Minimum Benefits Adopted New normal (25 years) $12,496 Ordinance 30-01-1761 (Forever) Participate on their date of employment & Minimum Multiplier of 2% $25,282 Ordinance 06-05-1828 (Payments End on 9/31/26) New normal (55 & 10) & Early retirement eligibility date $41,450 Ordinance 38-19-2351 (Forever) TOTAL PROVIDED TO THE POLICE PENSION PLAN $79,228 The Union may adopt the four outstanding minimum benefits as of the date of ratification for the purpose of utilizing the Chapter 185 police retirement funds to increase pension benefits for the bargaining unit members so long as the 185 monies can sustain the increase. All other minimum benefits wishing to be adopted must be negotiated 6. The retirement plan is mandatory for all employees, covered under this Agreement, hired after October 1, 1995. 7. 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. For the purposes of this Agreement the best five (5) years is defined as the best five 26 consecutive pay periods within a participant's career and such consecutive year periods shall not overlap one another. 8. The normal retirement date (the earliest date a bargaining unit employee may retire with full unreduced pension benefits) for a participant is the date that the participant has completed 25 years of credited police service, regardless of age, or attainment of age fifty- five (55) and completion of ten 10 years of credited police service. A participant is qualified to take early retirement if the participant is at least fifty (50) years of age and has completed ten (10) years of credited police service. 30 9. 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. 10. 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 actuarial company, approved 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. 11. For compensation earned by police lieutenants and captains on or after October 1, 2016, the maximum amount of overtime hours that may be used to determine annual compensation for calculating retirement benefits for any one (1) fiscal year shall not exceed three hundred (300) hours. Any accrued unused sick leave or accrued unused annual leave earned by lieutenants and captains on or after October 1, 2016, shall not be considered a part of their annual compensation for purposes of calculating their retirements benefits. 12. Effective upon the ratification of this Agreement employees hired on or after October 1, 2011, covered by this Agreement shall enter the pension plan immediately upon being hired as a sworn law enforcement officer. 13. The pension rights, benefits and employee contributions of bargaining unit employees are set forth in the current South Miami Employee Pension Plan, South Miami Police Officers Retirement Plan, and South Miami Police Officers Retirement Trust Fund, as codified in Chapter 16, Articles II and III, of the City Code of Ordinances, in effect on the effective date of this collective bargaining agreement, and such provisions shall remain in effect for the term of this Agreement and are incorporated herein by reference. 14. Lieutenants and captains eligible to retire with full benefits (as stated in the CSM Retirement Ordinance) without penalty will be allowed to enter the DROP. The member's DROP account shall be credited with interest in an amount equal to fifty (50) percent of the net (gross return minus investment expense) yearly interest earned by the retirement system for the preceding fiscal year, up to a maximum of 6% percent. If the net yearly interest earned by the retirement system is zero (0) percent or less, the member's DROP account will not be credited with interest, nor will it be debited with any investment losses. 31 ARTICLE 31. EDUCATIONAL INCENTIVE 1. The City agrees to bear the cost of tuition for specifically applicable specialized education courses to better equip the officers for the performance of the particular job and/or position in which they are employed, as determined by and approved in writing by the Chief of Police. 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) 75% reimbursement of the course cost for a grade of “B” or better for undergraduate and graduate courses; b) 60% reimbursement of the course cost for a grade of “C” or better for undergraduate and 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; e) There shall be no reimbursement for grades “D” or less or “unsatisfactory.” 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). ARTICLE 32. EMPLOYEE PREGNANCY/MATERNITY 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 unpaid maternity leave. Such maternity leave shall be granted for a period of up to six (6) months. In the event that the pregnant employee has any accrued annual leave, sick leave or comp time, she may use all or any part of the accrued leave at her request in lieu of unpaid leave. The City will abide by all applicable State and Federal law regarding pregnancy and leave time. 32 ARTICLE 33. EMPLOYEE ASSISTANCE PROGRAM The City and the PBA concur that an Employee Assistance Program (EAP) would be of great value in supporting the operations of the Police Department and to bolstering the welfare of the Department’s law enforcement personnel. Therefore, it is agreed that the City Manager and the PBA unit representatives will meet, as needed, to develop an action plan to implement such a program that is responsive to the needs of the bargaining unit and is affordable to the City. ARTICLE 34. ABOLISHMENT OR MERGER 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, any contention or claim that the City violated any provision of the Americans with Disabilities Act, or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies and shall not be subject to the grievance procedure provided within this Agreement. 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, 2024. City of South Miami: By:_________________________________ Date_____________ Shari Kamali, City Manager 33 Approved as to form, sufficiency and legality: By: __________________ Date_______________________ Thomas Pepe, Esq., City Attorney Miami-Dade County Police Benevolent Association: By: _______________________________ Date: _______________ Steadman Stahl, President By: ____________________________________ Date: _________________ Brendan Coyle, Esq. By: ___________________________________ Date: ___________________ Cristina Escobar, Esq. 34 1 AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND DADE COUNTY POLICE BENEVOLENT ASSOCIATION LIEUTENANTS AND CAPTAINS OCTOBER 1, 2021 – SEPTEMBER 30, 2024 35 01674342-1 Table of Contents PREAMBLE........................................................................................... 2 ARTICLE 1 RECOGNITION .................................................................................... 3 ARTICLE 2 NON-DISCRIMINATION .................................................................... 3 ARTICLE 3 DUES CHECK-OFF.............................................................................. 3 ARTICLE 4 ASSOCIATION REPRESENTATIVES ............................................. 3 ARTICLE 5 SERVICES TO THE ASSOCIATION ................................................ 4 ARTICLE 6 PERSONNEL RECORDS .................................................................... 4 ARTICLE 7 INTERNAL AFFAIRS INVESTIGATION AND OBLIGATION TO THE PUBLIC ......................................................................................... 5 ARTICLE 8 VEHICLES AND SAFETY EQUIPMENT ........................................ 7 ARTICLE 9 PROMOTIONS AND REMOVAL ...................................................... 7 ARTICLE 10 TRAINING ............................................................................................. 7 ARTICLE 11 GRIEVANCE AND ARBITRATION PROCEDURE ....................... 8 ARTICLE 12 HOLIDAYS .......................................................................................... 10 ARTICLE 13 SICK LEAVE ....................................................................................... 11 ARTICLE 14 FUNERAL LEAVE ............................................................................. 12 ARTICLE 15 LEAVE OF ABSENCE ....................................................................... 13 ARTICLE 16 VACATION LEAVE ........................................................................... 13 ARTICLE 17 EXTRA-DUTY POLICE EMPLOYMENT ...................................... 14 ARTICLE 18 INSURANCE BENEFITS ................................................................... 14 ARTICLE 19 MANAGEMENT RIGHTS ................................................................ 15 ARTICLE 20 WORK STOPPAGES ......................................................................... 16 ARTICLE 21 AWARDS ............................................................................................. 16 ARTICLE 22 MILITARY LEAVE............................................................................ 16 ARTICLE 23 AUTHORIZED USE OF PRIVATE AUTOMOBILE..................... 17 ARTICLE 24 BULLETIN BOARDS ......................................................................... 17 ARTICLE 25 SEVERABILITY CLAUSE ................................................................ 17 ARTICLE 26 COMPENSATION .............................................................................. 18 ARTICLE 27 PROHIBITION AGAINST RE-OPENING OF NEGOTIATIONS ........ 20 ARTICLE 28 UNIFORMS AND EQUIPMENT ...................................................... 20 ARTICLE 29 PHYSICAL EXAMINATION AND WORKERS’ COMPENSATION ............................................................................................................... 22 ARTICLE 30 RETIREMENT BENEFITS ................... 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ARTICLE 31 EDUCATIONAL INCENTIVE.......................................................... 26 ARTICLE 32 EMPLOYEE PREGNANCY/MATERNITY LEAVE ..................... 26 ARTICLE 33 EMPLOYEE ASSISTANCE PROGRAM ........................................ 27 ARTICLE 34 ABOLISHMENT OR MERGER ....................................................... 27 ARTICLE 35 AMERICANS WITH DISABILITIES ACT ..................................... 27 ARTICLE 36 TERM OF AGREEMENT…………………………………………..27 PREAMBLE 36 01674342-1 This Agreement is entered into by the City of South Miami, Florida, hereinafter referred to as the "Employer" or the "City" and the Dade County Police Benevolent Association, Inc., hereinafter referred to as the "Association", for the purpose of promoting harmonious relations between the Employer and the Association, to establish an orderly and prompt procedure for the resolution of grievances, to insure continuation of normal activities and departmental operations, to settle differences which might arise and to set forth the basic and full agreement between the parties concerning rates of pay, wages, hours of work and all other conditions of employment. 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. 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 37 01674342-1 duty during a bargaining session, he shall not be entitled to any compensation. All bargaining sessions shall be set by mutual agreement between the parties. 2. The Association Representative shall be allowed to process grievances without loss of pay, should such processing take place while the Association Representative is on duty. There shall be a cap of one (1) hour total time which the Association Representative may spend on any one grievance. It is understood and agreed, however, that the foregoing is subject to the manpower needs of the Department at all times. 3. The Association Representative shall be allowed to attend the Dade County PBA Board of Directors meeting once a month without loss of pay or leave time, should the meeting take place while the Association Representative is on duty. ARTICLE 5. SERVICES TO THE ASSOCIATION 1. The City will furnish the Association a copy of the Police Department's Rules and Regulations. 2. The City will allow the Association and its 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, including 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. 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 38 01674342-1 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, whichever is the greater period. Such documents shall be kept in a separate file. 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 unrestricted right to conduct investigations of citizens’ complaints and matters of internal security; provided, however, that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or matter of internal security shall be conducted under the following conditions: A. The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. B. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation, and he shall be informed of the name of all complainants, if known to the Department. C. The employee under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the employee under investigation shall be asked by and through one (1) interrogator at any one time. D. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are necessary. All interrogations will be held at the headquarters of the South Miami Police Department, insofar as possible. E. Any employee under investigation shall be informed of the right to be represented by counsel or any other representative of his choice who shall be present at all times 39 01674342-1 during such interrogations whenever the interrogations relate to the employee’s continued fitness for law enforcement services. F. The formal interrogations of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. G. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the 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. I. 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 pay or 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 the bargaining unit employee against whom the 40 01674342-1 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. Bargaining unit members shall be assigned take-home vehicles. 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, during their first year following their appointment to such rank shall 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 during their first year following their appointment to such rank shall remain within the sole discretion of the Chief of Police. There shall be a one (1) year probationary period for Lieutenants and Captains. Such employees shall have no 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. Seniority shall be determined based upon an employee’s date of promotion into his/her rank; however, in the event an employee is demoted or removed from his/her rank for any reason, 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 in the higher rank when returning to the lower rank (i.e. an employee demoted from lieutenant to sergeant will have his/her seniority as a sergeant calculated to include the time he/she was in the higher rank of lieutenant). 3. In the event the City has to remove employees covered by this Agreement from their rank for non-disciplinary reasons (i.e. budgetary), such removal shall be done in the inverse order of seniority and the employees will be bumped down to their last assigned rank, provided they have seniority over the other employees in their last assigned rank. 4. Effective upon ratification, bargaining unit employees assigned to the patrol division will bid for their assigned shift in accordance with seniority as defined in Article 9 of this Agreement. The first shift bid will occur within a pay period after ratification, and thereafter the shift bids will occur in accordance with the regular patrol shift schedule. ARTICLE 10. TRAINING 41 01674342-1 1. The City will provide each employee with a copy of training bulletins. Additionally, the City will promptly post in a prominent place, City training bulletins as well as approved training advertisements. 2. The City agrees to pay for any course at the 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. 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 carry, 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. 5. 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; 42 01674342-1 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. 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. 43 01674342-1 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 Article. 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). Within fourteen (14) calendar days after receipt of the panel from FMCS the party requesting arbitration will strike the first 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 New Year's Day 2) 3rd Monday of January Martin Luther King's Birthday 3) 3rd Monday of February President's Day 4) 4th Monday of May Memorial Day 5) June 19th Juneteenth 6) July 4 Independence Day 7) 1st Monday of September Labor Day 8) 2nd Monday of October Columbus Day Holiday 9) November 11 Veteran's Day 10) Last Thursday in November Thanksgiving Day 11) Friday after Thanksgiving 12) ½ day December 24 Christmas Eve 13) December 25 Christmas Day 14) Birthday After 1 year of continuous service 15) 2 Floating Holidays 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 Chief’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. 44 01674342-1 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. ARTICLE 13. SICK LEAVE 1. Sick leave shall be granted to employees for absence because of: (a) Personal illness or physical disability resulting in the incapacity of the employee to perform the regular duties of his position and not arising from a service- connected injury or accident. The Chief may instruct an employee to take sick leave when, in the discretion of the Chief, attendance by the employee may lead to the unnecessary infection of others. (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. 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 8 of this Article. 5. All current employees will retain current payout provision upon termination of employment and will have no cap on sick leave accrual. All employees 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 40 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. 6. 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 45 01674342-1 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. 7. 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. 8. Employees hired prior to October 1, 1995, who voluntarily terminate employment from the City, shall receive payment for 100% of leave deposited in their sick bank, up to 600 hours. Employees hired after October 1, 1995 who, upon voluntary termination from the City, have a minimum of 300 hours of leave deposited in their sick leave bank, shall be entitled to a termination payout of 150 sick leave hours. Employees hired after October 1, 1995 with less than 300 hours of sick leave will not be entitled to a sick leave payout upon termination. 9. 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. 10. 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. 11. 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. 12. 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. 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, father-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. 46 01674342-1 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 annual leave. 7. 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 prior 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 soon as a new job position for which the employee qualifies, is available. ARTICLE 16. VACATION LEAVE 1. The term "Vacation Leave" shall be used to designate leave with pay granted to an employee on the following prorated basis: Years of Uninterrupted Service Amount of Vacation 1) 1 to 54 years inclusive 2-2/5 weeks or 12 working days 2) 56 to 14 years inclusive. 3 weeks or 15 working days 3) 15 to 19 years inclusive 3-3/5 weeks or 18 working days 4) 20 years and over 4-1/5 weeks or 21 working days (a) Vacation shall require approval of the Chief of Police or 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 47 01674342-1 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 permitted to split their vacation dates at the discretion of the Chief of Police. 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. 5. Employees covered by this agreement shall receive a minimum of four (4) hours pay at the according extra-duty rate of pay if the job is stopped prior to reaching four (4) hours of actual time worked. 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 48 01674342-1 between the two plans. The City will also continue the current levels of coverage for dental, life and disability insurance. The City agrees to remain in compliance with Section 112.0801, Florida Statutes which, states in pertinent part that eligible full-time employees of the City that are participants in the City’s health insurance plans at the time of their retirement shall be afforded the option of continuing to participate in the plans as a Retiree. Procedural information can be found in the referenced Statute and on the City’s Employee Policies and Procedures Manual. ARTICLE 19. MANAGEMENT RIGHTS 1. The Association and its members recognize that the City has the exclusive right to manage and direct all of its operations. Accordingly, the City specifically, but not by way of limitation, reserves the exclusive right to: A. Decide the scope of service to be performed and the method of service; B. Hire and/or otherwise determine the qualifications of employees and the criteria and standards for employment; C. Promote 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 and/or relieve employees from duty due to lack of work; G. Transfer employees from location to location and from time to time; H. Rehire employees; I. 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 content of job classifications; K. Formulate and/or amend job descriptions; L. Merge, consolidate, expand, or curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City good business judgment makes such 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; 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; 49 01674342-1 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 Article, the City shall be entitled to seek and obtain legal and/or equitable relief in any court of competent jurisdiction. 4. For the purpose of this Article, it is agreed that the Association shall be responsible for any act committed by its officers, agent, and/or representatives when such act constitutes a violation of state law or the provisions of this Agreement. 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 personnel file. ARTICLE 22. MILITARY LEAVE 50 01674342-1 The City shall abide by any and all statutory rights employees who are also members of the United States military are entitled to. ARTICLE 23. AUTHORIZED USE OF PRIVATE AUTOMOBILE Any employee must be authorized in writing in advance to use his private automobile in the performance of his City duties and will be compensated at the mileage rate prescribed by Florida Statutes. Such mileage shall be computed based on the distance between the employee's regular duty station and the place of assignment or the employee' residence and the place of assignment, whichever is shorter. Mileage shall not be paid for commuting to and from the regular duty station or for court appearances or case-related conferences. ARTICLE 24. BULLETIN BOARDS The City shall permit the Association to post notices of an informational nature and names and addresses of officers, directors, and representatives of the Employee Organization on a 5' x 4' bulletin board in the squad room at the police station. A copy of each notice to be posted shall be transmitted to the Chief of Police or his designee prior to posting. Under no circumstances shall the Association tender for posting any notice training material tending to, directly or indirectly, disparage any elected or appointed official or employee of the City. An officer of the Association shall sign each notice to be posted. ARTICLE 25. SEVERABILITY CLAUSE Should any provision of this Agreement or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Furthermore, should any provision of this Agreement become invalid, as described above, the parties shall meet within thirty (30) calendar days of such decision or legislation to discuss substitute provisions for, or ramifications of such action to this Agreement. ARTICLE 26. COMPENSATION 1. Effective October 1, 2016, and each year thereafter, bargaining unit members shall receive a cost-of-living increase, based on the Consumer Price Index - 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 by receiving a COLA raise every year on October 1st based on the CPI average., unless the CPI is zero or is negative, which shall then have no decreasing effect on the employee’s pay Effective upon ratification, the COLA raise every year shall be no less than a minimum of two percent (2%) to a maximum of six percent (6%). 2. 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: 51 01674342-1 (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. 3. 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. 4. Longevity pay shall be calculated based on the hourly rate of each bargaining unit employee. 5. 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. 6. Bargaining unit employees covered under this Agreement who are assigned to the following specialized units shall receive an assignment pay of $80 per pay period. The assignment pay is not tied to the base for overtime and pension calculations. Bargaining unit employees eligible for specialized unit pay will only be eligible for one such $80 increase regardless of how many specialized units they participate in. Effective upon ratification, no bargaining unit members will be eligible to receive this assignment pay, except for the lieutenant currently assigned to GIU, who will continue to receive the pay for as long as he is assigned to GIU. a. Motors/Traffic Unit b. G.I.U. c. S.I.U. d. K-9 e. SWAT Effective October 1, 2016, the parties implemented a pay step program. 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. Effective upon ratification, step pay increases and cost of living increases will be capped at a combined total of 6% annually. Schedule is as follows: − 2% 3% step pay increase = Year 2 of the pay step program (completed 24 months of service from date of promotion). − 2% 3% step pay increase = Year 4 of the pay step program (completed 48 months of service from date of promotion). 52 01674342-1 − 2% 3% step pay increase = Year 6 of the pay step program (completed 72 months of service from date of promotion). − 2% 3% step pay increase = Year 8 of the pay step program (completed 96 months of service from date of promotion). − 2% 3% step pay increase = Year 10 of the pay step program (completed 120 months of service from date of promotion). − 3% step pay increase = Year 15 of the pay step program (completed 180 months of service from date of promotion). − 3% step pay increase = Year 20 of the pay step program (completed 240 months of service from date of promotion). 7. Effective March 1, 2022, the merit pay program shall be given every year. A merit increase will be awarded on the employee’s anniversary date within the employee’s classification, provided the employee meets the provisions contained in this article. The merit pay increase shall be 2.5% per year. Within the twelve (12) month period immediately preceding the effective date of the merit increase, the Employee must not have any of the following (these rules do not apply for the CPI increase): 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 “Date of promotion Anniversary Date” for purposes of this section is defined as the date employee is promoted into the bargaining unit (i.e. Sergeant to Lieutenant) as well as the date employee is promoted within bargaining unit (i.e. a Lieutenant promoted to Captain will use new date of promotion for month of service calculations). Attached hereto as appendix A is the current list of bargaining unit members and the dates, they will be eligible to be awarded the step increases in their current ranks. If an employee has been suspended, then once the suspension has ended and it has been resolved or finalized in the employee’s records, then the employee can request to be reviewed again for the merit pay increase. 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 merit pay increase he would have otherwise received at the time. An Employee must be an employee of the City on the award date the step pay increase is scheduled. 53 01674342-1 8. Special Risk Effective March 1, 2022, Hazardous duty Pay shall be $50 $75.00 bi-weekly, which shall be used for pension calculations. per pay period for term of this contract. 9. 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. 10. If the Police Chief declares Alpha/Bravo mobilization pursuant to a declared State of Emergency and the City of South Miami is reimbursed monies by the Federal Emergency Management Agency, then employees will receive double time pay for all hours worked during the Alpha/Bravo mobilization to the extent reimbursed by the Federal Government. 11. Employees covered by this Agreement with 10 years of continuous satisfactory full-time service shall receive a longevity raise of 3% of the employee’s base salary on their anniversary date (Longevity 1). After 15 years of continuous satisfactory full-time service the employee will receive an additional 3% longevity raise (Longevity 2). After 20 years of continuous satisfactory full-time service, the employee will receive an additional 3% longevity raise (Longevity 3). 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 of the following: (a) One (1) long sleeve shirt; (b) Five (5) short sleeve shirts; (c) Five (5) pairs of trousers; (d) One (1) hat; (e) Badge and name tag; (f) 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; (j) Raingear. 54 01674342-1 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 (1/2) of said allotment will be paid on the pay day nearest the 15th of December of each year and the other one-half (1/2) will be paid on the pay day nearest the 15th of June of each year provided that the employee is employed on said day. 3. Uniformed employees covered under this Agreement will receive a clothing allowance of $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. 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 Chief of Police. 3) Firearm shall be inspected and approved by a Department armorer. 4) Sworn personnel shall not modify authorized firearms. 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. 55 01674342-1 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. 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. 4. In the event of an on-the-job injury to an employee, not as a result of negligence by the employee, such employee will be carried at full pay and benefits for a period not to exceed 180 calendar days. ARTICLE 30. RETIREMENT BENEFITS 1. Each bargaining unit employee who retires on length of service with a normal retirement, early retirement, or medical disability retirement benefit shall receive an honorary one-grade promotion and shall be issued a badge and identification card clearly marked "retired". The honorary one-grade promotion shall not affect salary, benefits or the calculations of pension and/or distributions. 2. 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; 56 01674342-1 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. d. Effective October 1, 2001, the benefit accrual rate (multiplier) shall be increased from 2.75 to 2.80 percent for services performed in the 20012002 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. 3. Bargaining unit employees shall be 100% vested in the retirement plan when completion of ten (10) years continuous credited full time service in the retirement plan is completed. 4. Effective October 1, 2001, the employee contribution to the retirement plan will be 7.5%. Should the total contribution be actuarially determined to exceed 15%, both the City and the employees will share equally the excess amount (should the total contribution be actuarially determined to be 17%, the City shall contribute a total of 8.5% and the employees shall contribute a total of 8.5%); provided however, effective October 1, 2016, the employee police officer contributions will be capped at no more than Employee contribution will not exceed 12% of earnings. 5. The sum of $37,780.00 1will 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. The 1 It is contemplated that both the rank and file and supervisory collective bargaining agreements reflect the $37,780.00 $79,226 payment, however only one payment shall be made each year that covers the plan as a whole, without regard to the two bargaining agreements. 57 01674342-1 Below is the sum of the amount to 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. Below is a breakdown of the minimum benefit, the cost, and date of expiration. Minimum Benefits Adopted New normal (25 years) $12,496 Ordinance 30-01-1761 (Forever) Participate on their date of employment & Minimum Multiplier of 2% $25,282 Ordinance 06-05-1828 (Payments End on 9/31/26) New normal (55 & 10) & Early retirement eligibility date $41,450 Ordinance 38-19-2351 (Forever) TOTAL PROVIDED TO THE POLICE PENSION PLAN $79,228 The Union may adopt the four outstanding minimum benefits as of the date of ratification for the purpose of utilizing the Chapter 185 police retirement funds to increase pension benefits for the bargaining unit members so long as the 185 monies can sustain the increase. All other minimum benefits wishing to be adopted must be negotiated 6. The retirement plan is mandatory for all employees, covered under this Agreement, hired after October 1, 1995. 7. 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. For the purposes of this Agreement the best five (5) years is defined as the best five best 26 consecutive pay periods within a participant's career and such consecutive year periods shall not overlap one another. However, in no event shall such pay periods overlap. The City shall pass whatever ordinances are required to effectuate this change, if necessary. 8. The normal retirement date (the earliest date a bargaining unit employee may retire with full unreduced pension benefits) for a participant shall be is the date that the participant has completed 25 years of credited police service, regardless of age, or attainment of age sixty 60 fifty-five (55) and completion of ten 10 years of credited police service. A participant is qualified to take early retirement if the participant is at least fifty (50) years of age and has completed ten (10) years of credited police service. 58 9. 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. 10. 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 actuarial company, approved 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. 11. Effective July 1, 2011, the maximum amount of overtime hours for pension calculations for any one 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. For compensation earned by police lieutenants and captains on or after October 1, 2016, the maximum amount of overtime hours that may be used to determine annual compensation for calculating retirement benefits for any one (1) fiscal year shall not exceed three hundred (300) hours. Any accrued unused sick leave or accrued unused annual leave earned by lieutenants and captains on or after October 1, 2016, shall not be considered a part of their annual compensation for purposes of calculating their retirements benefits. 12. Effective upon the ratification of this Agreement employees hired on or after October 1, 2011, covered by this Agreement shall enter the pension plan immediately upon being hired as a sworn law enforcement officer. 13. Attached hereto and incorporated by reference herein, is Ordinance 16 08 1951 adopted May 20, 2008, entitled "Pension Plan," as amended. The pension rights, benefits and employee contributions of bargaining unit employees are set forth in the current South Miami Employee Pension Plan, South Miami Police Officers Retirement Plan, and South Miami Police Officers Retirement Trust Fund, as codified in Chapter 16, Articles II and III, of the City Code of Ordinances, in effect on the effective date of this collective bargaining agreement, and such provisions shall remain in effect for the term of this Agreement and are incorporated herein by reference. 59 01674342-1 14. Lieutenants and captains eligible to retire with full benefits (as stated in the CSM Retirement Ordinance) without penalty will be allowed to enter the DROP. The member's DROP account shall be credited with interest in an amount equal to fifty (50) percent of the net (gross return minus investment expense) yearly interest earned by the retirement system for the preceding fiscal year, up to a maximum of 6% percent. If the net yearly interest earned by the retirement system is zero (0) percent or less, the member's DROP account will not be credited with interest, nor will it be debited with any investment losses. ARTICLE 31. EDUCATIONAL INCENTIVE 1. The City agrees to bear the cost of tuition for specifically applicable specialized education courses to better equip the officers for the performance of the particular job and/or position in which they are employed, as determined by and approved in writing by the Chief of Police. 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) 75% reimbursement of the course cost for a grade of “B” or better for undergraduate and graduate courses; b) 60% reimbursement of the course cost for a grade of “C” or better for undergraduate and 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; e) There shall be no reimbursement for grades “D” or less or “unsatisfactory.” 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). ARTICLE 32. EMPLOYEE PREGNANCY/MATERNITY 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 unpaid maternity leave. Such maternity leave shall be 60 01674342-1 granted for a period of up to six (6) months. In the event that the pregnant employee has any accrued annual leave, sick leave or comp time, she may use all or any part of the accrued leave at her request in lieu of unpaid leave. 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 Department’s law enforcement personnel. Therefore, it is agreed that the City Manager and the PBA unit representatives will meet, as needed, to develop an action plan to implement such a program that is responsive to the needs of the bargaining unit and is affordable to the City. ARTICLE 34. ABOLISHMENT OR MERGER 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, any contention or claim that the City violated any provision of the Americans with Disabilities Act, or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies and shall not be subject to the grievance procedure provided within this Agreement. 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, 2021 2024. 61 01674342-1 City of South Miami: By:_________________________________ Date_____________ Shari Kamali, City Manager Approved as to form, sufficiency and legality: By: __________________ Date_______________________ Thomas Pepe, Esq., City Attorney Miami-Dade County Police Benevolent Association: By: _______________________________ Date: _______________ Steadman Stahl, President By: ____________________________________ Date: _________________ Brendan Coyle, Esq. By: ___________________________________ Date: ___________________ Cristina Escobar, Esq. Appendix A Name Date of Promotion Year 2 Step Pay Increase (awarded after 24 months of service from Oct. 1, 2016) Eligible Year 4 Step Pay Increase (based on date of promotion) Eligible Year 6 Step Pay Increase (based on date of promotion) Eligible Year 8 Step Pay Increase (based on date of promotion) Eligible Year 10 Step Pay Increase (based on date of promotion) Eligible Year 15 Step Pay Increase (based on date of promotion) Eligible Year 20 Step Pay Increase (based on date of promotion) Cpt. Barzola 3/3/2014 10/1/2018 3/3/2020 3/3/2022 3/3/3024 3/3/3026 3/3/2031 3/3/2036 62 01674342-1 Cpt. Corbin 3/3/2014 10/1/2018 3/3/2020 3/3/2022 3/3/2024 3/3/2026 3/3/2031 3/3/2036 Lt. Aguiar 3/3/2014 10/1/2018 3/3/2020 3/3/2022 3/3/2024 3/3/2026 3/3/2031 3/3/2036 Lt. Vijil 6/9/2017 10/1/2018 (retro) 6/9/2020 6/9/2022 6/9/2024 6/9/2026 6/9/2031 6/9/2036 Lt. Bukens 9/29/2017 10/1/18 (retro) 9/29/2020 9/29/2022 9/29/2024 9/29/2026 9/29/2031 9/29/2036 63 64 MIAMI-D A D E STATE OF FLORIDA COUN TY OF MI AMI-DADE : Before the unde rsigned authority personally appeared GUILLERMO GARCIA , who on oath says that he or she is the DIRECTOR OF OPERATIONS , Legal Notices of the Miami Daily Busin ess Review 1/k/a Miami Review , a daily (except Saturday , Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Flo ri da ; that the attached copy of adver1isement, be ing a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -PUBLIC HEARINGS -SEPT . 6, 2022 in the XXXX Court , was publis hed in sa id newspaper by print in the issues of and/o r by publicati on on the newspa pe~s websi te, If au tho ri zed, on 08/26/2022 Afflant further says tha t the newspaper comp lies wit h all legal for publication in ch apter 50, Flor ida Swo r and subscribed before me this 26 day of AUGUST , A.D. 2022 a>e~ (S EA L) GU ILLE RMO GARC IA personally known to me '---~:tf~~?~~\ CHRl~TINA LYNN RAVIX f•:· ,., Comnussion t/GG 2Tmt -.,_~-,.,_;_ ..... j): Ex,oires Nov am ber 19 2022 ·•"'o,, ... o,.... Bo • ••,,.,,.,,. ndcd Thru Troy F1Jn Insurance 9~5.7019 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to ba lance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time , to protect the health , safety and welfare of its citizens , officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City Manager's decla ration of a state of emergency due to the Coronavirus, the City will be hol ding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMT) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (!lit s://zoom.usf'J!'.3056636338) and participate. At a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers1 and they will be broadcast on the Zoom platform along with all other members of the Commission , City Staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on Tuesday ~tember 6., 2022 at 7:00 .m. to consider the following public hearing item(s): A Resolution approving and authorizing the City Manager to execute a three-year collective bargaining agreement (Lieutenants and Captains) between the Miami Dade County Police Benevolent Association and the City of South Miami. A Resolution authorizing the City Manager to enter into a multi-year contract with AireSpring, the City's provider of citywide Sf P phone service, adding a redundant Velo cloud box for a term not to exceed thirty-six (36) months. A Resoluti on pursuant to Sect ion 20-8.9 and other provisions of the City of South Miami Land Development Code approving by Special Exception a large-scale development on a 1.6124-acre property located at 6075 Sunset Drive and as legally described herein . An Ordinance pursuant to Section 20-5. 7 of the Land Develop- ment Code providing for a Map Amendment to the City of South Miami Official Zoning Map from Transit-Oriented Development District Mixed-Use 5 (fODD MU -5) to Transit-Oriented Development District Mixed-Use 6 (fODD MU-6) on a 1.6124-acre (70,236 sq. ft .) property located at 6075 Sunset Drive and as legally described herein . 65 An Ordinance establishing an electric franchise with Florida Power & Light Company for the construction, installation, and powering of new LED streetlights within the City of South Miami, including at Paseo Park. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available Including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at htt ://www.southmiamifl. ov/580/Public-Meetin s-Notlces. Anyone who wishes to review pending application , supporting documentation or who desire to have documents made avallable for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commiss ion with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure or to re-quest an auxiliary aide or service in order to part icipate In a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone : 305-663-6340, by mall at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk 1 The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041 (4) •-A majority of the members of the governing body shall constitute a quorum. An affinnative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution. ~ 8/26 22 -73/0000616811 M SUNDAY AUGUST 28 2022 NEIGHBORS ...................................................................................................17SE 66 CITY OF SOUTH MIAMI, FLORIDA NOTICE OF SPECIAL ELECTION AMENDMENTS TO THE CITY CHARTER NOVEMBER 8, 2022 NOTICE IS HEREBY GIVEN that a Special Election for the City of South Miami will be held on Tuesday, November 8, 2022, in conjunction with the City's General Election . The following five (5) questions will appear on the ballot Embliah■1nt If I au1ermalarity Commlulen ntln1 r"luirtment far 1111 restrictlil Citywide IHI us9/lnel1pmenl rB1ulllio111 Shall City Charter Article 11, Section 6.D.1. (Requiring unanimous voting for land use and development regulations in areas other than the Commercial Core of the City) be amended to enable the City Commission 10 make Citywide land use and development regulations less restrictive by a supennajority (Four out of Five) vote? Yes No Rllllucli11 In the n,mber If r"luirtd Commlulon melfin1s uch month Shall City Charter Article 11, Section 5, Subsection C be amended to give the City Commission more flexibility in scheduling meetings by only requiring one mandatory Commission meeting each month during the months of November through January and June through August? Yes No Embliah■ent If a IGUr1ear ler11 of office llr fhe City Mayer Shall City Charter Article V, Section 2 titled "General Elections" paragraph A. be amended to increase the term of office of the Mayor from two years to four years? Yes No Authorizing City Olic11 anl De11r111111s intamal fund lrmflrs threughout the facal ,.., will! Commission 1,PrDVII Shall City Charter Article IV, Section 2, Subsection F be amended 10 allow internal fund transfer of appropriations between City offices and departments (currently restricted to the last three months of the fiscal year) throughout the Fiscal year with Commission approval? Yes No Embliahing 11111 inslalllliDI ol elected lfficials is 6 p.■. Iha busin11s day folllllin1 election clflificalion Shall City Charier Article V, and Section 5. C. be amended lo correct a conflict in the procedure lor installation ol elected oflicials by changing the date, and time, from 8 p.m. the day afler the election lo 6 p.m. on the bu~ness day following the certification of election results? Yes No Inquiries can be made by calling in the City Clerk's office at: 305663-6340. For further information regarding the proposed amendments to the City's Charter you mayvisil our website at www.southmiamifl.gov or, you may also visit the Clerk's Oflice Monday-Friday, between 9:00 a.m. and 4:00 p.m. al 6130 Sunset Drive, South Miami, FL 33143 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF FIRST BUDGET HEARING Nkenga A. Payne, CMC, FCRM City Clerk City of South Miami In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and , at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286 .011 , Fla . Stat, the City's Home Rule Powers , and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMn until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https ://zoom .us/j/3056636338) and participate . At a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers 1 and they will be broadcast on the Zoom platform along with all other members of the Commission , City Staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on Tuesday. September 6. 2022 116:00 p.m. to consider the following public hearing item(s): An Ordinance of the City of South Miami, located in Miam~Oade County, Rorida, aP,roving a tentative millage rate for the fiscal year commencing October I, 2022, through September 30, 2023 ("fiscal year 2022/2023 "1 which amount may be amended at the first or second reading, and approving and enacting the final millage rate of the City on second reading. An Ordinance of the City of South Miami ("Cily"I, located in Miami-Dade County, Florida, approving a proposed budget for the City for the fiscal year commencing October I, 2022, through September 30, 2023, including the salaries and expenses ol the City's officers, and which budgeted amount may be amended at the first or second reading of this Ordinance, and approving and enacting the final budget on second reading. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http ://www.southmiamifl .gov/580/Public-Meetings-Notices. Anyone who wishes to review pending application , supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. Note that pursuant to Florida Statutes 286 .0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based . ADA : To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program , activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMG, FCRM City Clerk "The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) ... A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution."'** CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code. Chapter 286 .011. Fla . Stat , the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (GMT) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/j/3056636338) and participate. At a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers 1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from other locations . The meeting is scheduled to begin on Tuesday. September 6. 2022. at 7:00 p.m. to consider the following public hearing item(s): A Resolution approving and authorizing the City Manager to execute a three-year collective bargaining agreement (Lieutenants and Captains) between the Miami Dade County Police Benevolent Association and the City of South Miami . A Resolution authorizing the City Manager to enter into a multi-year contract with AireSpring, the City's provider of citywide SIP phone service, adding a redundant Velo cloud box for a term not to exceed thirty-six (36) months . A Resolution pursuantto Section 20-8 .9 and other provisions of the City of South Miami Land Development Code approving by Special Exception a large-scale development on a 1.6124-acre property located at 6075 Sunset Drive and as legally described herein . An Ordinance pursuant to Section 20-5.7 of the Land Development Code providing for a Map Amendment to the City of South Miami Official Zoning Map from Transit-Oriented Development District Mixed-Use 5 (TODD MU-5) to Transit-Oriented Development District Mixed-Use 6 (TODD MU-6) on a 1.6124-acre (70,236 sq . ft .) property located at 6075 Sunset Drive and as legally described herein . An Ordinance establishing an electric franchise with Florida Power & Light Company for the construction, installation, and powering of new LED streetlights within the City of South Miami, including at Paseo Park . If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http ://www.southmiamifl .gov/580/Public-Meetinqs-Notices . Anyone who wishes to review pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340 . Note that pursuant to Florida Statutes 286 .0105, a person who decides to appeal any decision made by a Board , Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based . ADA : To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone : 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMG, FCRM City Clerk 'The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) •••A majority of the members of the governing body shall constitute a quorum . An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution:•• AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND DADE COUNTY POLICE BENEVOLENT ASSOCIATION LIEUTENANTS AND CAPTAINS OCTOBER 1, 2021 -SEPTEMBER 30, 2024 ARTICLE 1 ARTICLE2 ARTICLE3 ARTICLE4 ARTICLES ARTICLE 6 ARTICLE7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE20 ARTICLE21 ARTICLE22 ARTICLE23 ARTICLE24 ARTICLE25 ARTICLE26 ARTICLE27 ARTICLE28 ARTICLE29 ARTICLE30 ARTICLE31 ARTICLE32 ARTICLE33 ARTICLE34 ARTICLE35 ARTICLE36 Table of Contents PREAMBLE ........................................................................................... 3 RECOGNITION .................................................................................... 3 NON-DISCRIMINATION .................................................................... 3 DUES CHECK-OFF .............................................................................. 3 ASSOCIATION REPRESENTATIVES ............................................. 4 SERVICES TO THE ASSOCIATION ................................................ 4 PERSONNEL RECORDS .................................................................... 4 INTERNAL AFFAIRS INVESTIGATION AND OBLIGATION TO THE PUBLIC ......................................................................................... 5 VEHICLES AND SAFETY EQUIPMENT ........................................ 7 PROMOTIONS AND REMOVAL ...................................................... 7 TRAINING ............................................................................................. 8 GRIEVANCE AND ARBITRATION PROCEDURE ....................... 8 HOLIDAYS .......................................................................................... 10 SICK LEA VE ....................................................................................... 11 FUNERAL LEA VE ............................................................................. 12 LEA VE OF ABSENCE ....................................................................... 13 VACATION LEA VE ........................................................................... 13 EXTRA-DUTY POLICE EMPLOYMENT ...................................... 14 INSURANCE BENEFITS ................................................................... 15 MANAGEMENT RIGHTS ................................................................ 15 WORK STOPPAGES ......................................................................... 16 AWARDS ............................................................................................. 16 MILITARY LEA VE ............................................................................ 17 AUTHORIZED USE OF PRIVATE AUTOMOBILE ..................... 17 BULLETIN BOARDS ......................................................................... 17 SEVERABILITY CLAUSE ................................................................ 17 COMPENSATION .............................................................................. 18 PROHIBITION AGAINST RE-OPENING OF NEGOTIATIONS .•...... 19 UNIFORMS AND EQUIPMENT ...................................................... 20 PHYSICAL EXAl\flNATION AND WORKERS' COMPENSATION ............................................................................................................... 21 RETIREMENT BENEFITS ................... 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EDUCATIONAL INCENTIVE .......................................................... 26 EMPLOYEE PREGNANCY/MATERNITY LEA VE ..................... 26 EMPLOYEE ASSISTANCE PROGRAM ........................................ 27 ABOLISHMENT OR MERGER ....................................................... 27 AMERICANS WITH DISABILITIES ACT ..................................... 27 TERM OF AGREEMENT .................................................. 27 8 PREAMBLE This Agreement is entered into by the City of South Miami, Florida, hereinafter referred to as the "Employer" or the "City" and the Dade County Police Benevolent Association, Inc., hereinafter referred to as the "Association", for the purpose of promoting harmonious relations between the Employer and the Association, to establish an orderly and prompt procedure for the resolution of grievances, to insure continuation of normal activities and departmental operations, to settle differences which might arise and to set forth the basic and full agreement between the parties concerning rates of pay, wages, hours of work and all other conditions of employment. 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. 9 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 any one grievance. It is understood and agreed, however, that the foregoing is subject to the manpower needs of the Department at all times. 3. The Association Representative shall be allowed to attend the Dade County PBA Board of Directors meeting once a month without loss of pay or leave time, should the meeting take place while the Association Representative is on duty. ARTICLE 5. SERVIC ES 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, including 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. ART ICLE 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 10 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, whichever is the greater period. Such documents shall be kept in a separate file. 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 unrestricted right to conduct investigations of citizens' complaints and matters of internal security; provided, however, that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or matter of internal security shall be conducted under the following conditions: A. The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. B. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation, and he shall be informed of the name of all complainants, if known to the Department. C. The employee under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the employee 11 under investigation shall be asked by and through one (1) interrogator at any one time. D. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are necessary. All interrogations will be held at the headquarters of the South Miami Police Department, insofar as possible. E. Any employee under investigation shall be informed of the right to be represented by counsel or any other representative of his choice who shall be present at all times during such interrogations whenever the interrogations relate to the employee's continued fitness for law enforcement services. F. The formal interrogations of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. G. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the 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. I. 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 pay or 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. 0. 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 12 ARTICLE 8. 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 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. 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. Bargaining unit members shall be assigned take-home vehicles. 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, during their first year following their appointment to such rank shall 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 during their first year following their appointment to such rank shall remain within the sole discretion of the Chief of Police. There shall be a one (1) year probationary period for Lieutenants and Captains. Such employees shall have no 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. Seniority shall be determined based upon an employee's date of promotion into his/her rank; however, in the event an employee is demoted or removed from his/her rank for any reason, the employee will be credited with the seniority accrued in the higher rank when returning to the lower rank (i.e. an employee demoted from lieutenant to sergeant will have his/her seniority as a sergeant calculated to include the time he/she was in the higher rank of lieutenant). 3. In the event the City has to remove employees covered by this Agreement from their rank for non-disciplinary reasons (i.e. budgetary), such removal shall be done in the inverse order of seniority and the employees will be bumped down to their last assigned rank, provided they have seniority over the other employees in their last assigned rank. 4. Effective upon ratification, bargaining unit employees assigned to the patrol division will bid for their assigned shift in accordance with seniority as defined in Article 9 of this Agreement. 13 The first shift bid will occur within a pay period after ratification, and thereafter the shift bids will occur in accordance with the regular patrol shift schedule. ARTICLE 10. TRAINING 1. The City will provide each employee with a copy of training bulletins. Additionally, the City will promptly post in a prominent place, City training bulletins as well as approved training advertisements. 2. The City agrees to pay for any course at the 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. 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 carry, 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. 5. 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 th is 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 14 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:ln 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. 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 finJI 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. 15 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 Article. 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). Within fourteen (14) calendar days after receipt of the panel from FMCS the party requesting arbitration will strike the first 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) June 19 th 6) July 4 7) 1st Monday of September 8) 2nd Monday of October 9) November 11 10) Last Thursday in November 11) Friday after Thanksgiving 12) ½ day December 24 13) December 25 14) Birthday 15) 2 Floating Holidays New Year's Day Martin Luther King's Birthday President's Day Memorial Day Juneteenth 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 Chief's discretion, with the approval of the City Manager. In 16 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. ARTICLE 13. SICK LEAVE 1. Sick leave shall be granted to employees for absence because of: (a) Personal illness or physical disability resulting in the incapacity of the employee to perform the regular duties of his position and not arising from a service- connected injury or accident. The Chief may instruct an employee to take sick leave when, in the discretion of the Chief, attendance by the employee may lead to the unnecessary infection of others. (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. 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 8 of this Article. 5. All current employees will retain current payout provision upon termination of employment and will have no cap on sick leave accrual. All employees 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 40 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. 17 6. 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. 7. 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. 8. Employees hired prior to October 1, 1995, who voluntarily terminate employment from the City, shall receive payment for 100% of leave deposited in their sick bank, up to 600 hours. Employees hired after October 1, 1995 who, upon voluntary termination from the City, have a minimum of 300 hours of leave deposited in their sick leave bank, shall be entitled to a termination payout of 150 sick leave hours. Employees hired after October 1, 1995 with less than 300 hours of sick leave will not be entitled to a sick leave payout upon termination. 9. 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. 10. 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. 11. 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. 12. 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. ART ICLE 14. FUNERA L 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,_father-in-law, 18 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 annual leave. 7. 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 prior 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 soon as a new job position for which the employee qualifies, is available. ARTICLE 16. VACATION LEAVE 1. The term "Vacation Leave" shall be used to designate leave with pay granted to an employee on the following prorated basis: Years of Un i nterrupt ed Serv i ce 1) 1 to 4 years inclusive 2) 5 to 14 years inclusive. 3) 15 to 19 years inclusive 4) 20 years and over Amount of Vac atio n 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 19 (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 permitted to split their vacation dates at the discretion of the Chief of Police. 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. 5. Employees covered by this agreement shall receive a minimum of four (4) hours pay at the according extra-duty rate of pay if the job is stopped prior to reaching four (4) hours of actual time worked. 20 ARTICLE 18. INSURANCE BENEFITS The City agrees to pay for HMO health insurance for all employees covered by this Agreement. Employees wanting the optional POS or PPO health insurance will pay the difference between the two plans. The City will also continue the current levels of coverage for dental, life and disability insurance. The City agrees to remain in compliance with Section 112.0801, Florida Statutes which, states in pertinent part that eligible full-time employees of the City that are participants in the City's health insurance plans at the time of their retirement shall be afforded the option of continuing to participate in the plans as a Retiree. Procedural information can be found in the referenced Statute and on the City's Employee Policies and Procedures Manual. ARTICLE 19. MANAGEMENT RIGHTS 1. The Association and its members recognize that the City has the exclusive right to manage and direct all of its operations. Accordingly, the City specifically, but not by way of limitation, reserves the exclusive right to: A. Decide the scope of service to be performed and the method of service; B. Hire and/or otherwise determine the qualifications of employees and the criteria and standards for employment; C. Promote 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 and/or relieve employees from duty due to lack of work; G. Transfer employees from location to location and from time to time; H. Rehire employees; I. 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 content of job classifications; K. Formulate and/or amend job descriptions; L. Merge, consolidate, expand, or curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City good business judgment makes such action advisable; M. Contract and/or subcontract any existing or future work; N. Expand, reduce, alter, combine, assign, or cease any job; 0. 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; 21 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 Article, the City shall be entitled to seek and obtain legal and/or equitable relief in any court of competent jurisdiction. 4. For the purpose of this Article, it is agreed that the Association shall be responsible for any act committed by its officers, agent, and/or representatives when such act constitutes a violation of state law or the provisions of this Agreement. 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 22 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 personnel file. ARTICLE 22. MILITARY LEAVE The City shall abide by any and all statutory rights employees who are also members of the United States military are entitled to. ARTICLE 23. AUTHORIZED USE OF PRIVATE AUTOMOBILE Any employee must be authorized in writing in advance to use his private automobile in the performance of his City duties and will be compensated at the mileage rate prescribed by Florida Statutes. Such mileage shall be computed based on the distance between the employee's regular duty station and the place of assignment or the employee' residence and the place of assignment, whichever is shorter. Mileage shall not be paid for commuting to and from the regular duty station or for court appearances or case-related conferences. ARTICLE 24. BULLETIN BOARDS The City shall permit the Association to post notices of an informational nature and names and addresses of officers, directors, and representatives of the Employee Organization on a 5' x 4' bulletin board in the squad room at the police station . A copy of each notice to be posted shall be transmitted to the Chief of Police or his designee prior to posting. Under no circumstances shall the Association tender for posting any notice training material tending to, directly or indirectly, disparage any elected or appointed official or employee of the City. An officer of the Association shall sign each notice to be posted. ARTICLE 25. SEVERABILITY CLAUSE Should any provision of this Agreement or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Furthermore, should any provision of this Agreement become invalid, as described above, the parties shall meet within thirty (30) calendar days of such decision or legislation to discuss substitute provisions for, or ramifications of such action to this Agreement. ARTICLE 26. COMPENSATION 1. Effective October 1, 2016, and each year thereafter, bargaining unit members shall receive a cost-of-living increase, based on the Consumer Price Index -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 by receiving a COLA raise every year on October 1st based on the CPI average. Effective upon ratification, the COLA raise every year shall be no less than a 23 minimum of two percent (2%) to a maximum of six percent (6%). 2. 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. 3. 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. 4. Longevity pay shall be calculated based on the hourly rate of each bargaining unit employee. 5. 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. 6. Bargaining unit employees covered under this Agreement who are assigned to the following specialized units shall receive an assignment pay of $80 per pay period. The assignment pay is not tied to the base for overtime and pension calculations. Bargaining unit employees eligible for specialized unit pay will only be eligible for one such $80 increase regardless of how many specialized units they participate in. Effective upon ratification, no bargaining unit members will be eligible to receive this assignment pay, except for the lieutenant currently assigned to GIU, who will continue to receive the pay for as long as he is assigned to GIU. a. Motors/Traffic Unit b. G.1.U. c. S.I.U. d. K-9 e. SWAT 7. Effective March 1, 2022, the merit pay program shall be given every year. A merit increase will be awarded on the employee's anniversary date within the employee's classification, provided the employee meets the provisions contained in this article. The merit pay increase shall be 2.5% per year. Within the twelve (12) month period immediately preceding the effective date of the merit increase, the Employee must not have any of the following (these rules do not apply for the CPI increase): 24 • Received a score below 3.0 on the annual performance review • A sustained or upheld Suspension "Anniversary Date" for purposes of this section is defined as the date employee is promoted into the bargaining unit (i.e. Sergeant to Lieutenant) as well as the date employee is promoted within bargaining unit (i.e. a Lieutenant promoted to Captain will use new date of promotion for month of service calculations). If an employee has been suspended, then once the suspension has ended and it has been resolved or finalized in the employee's records, then the employee can request to be reviewed again for the merit pay increase. An employee that has a suspension or annual performance review overturned through the appropriate appellate process shall be entitled to the applicable~ merit pay increase he would have otherwise received at the time. An Employee must be an employee ofthe City on the award date the step pay increase is scheduled. 8. Effective March 1, 2022, Hazardous duty Pay shall be $75.00 bi-weekly, which shall be used for pension calculations. 9. 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. 10. If the Police Chief declares Alpha/Bravo mobilization pursuant to a declared State of Emergency and the City of South Miami is reimbursed monies by the Federal Emergency Management Agency, then employees will receive double time pay for all hours worked during the Alpha/Bravo mobilization to the extent reimbursed by the Federal Government. 11. Employees covered by this Agreement with 10 years of continuous satisfactory full-time service shall receive a longevity raise of 3% of the employee's base salary on their anniversary date (Longevity 1). After 15 years of continuous satisfactory full-time service the employee will receive an additional 3% longevity raise (Longevity 2). After 20 years of continuous satisfactory full-time service, the employee will receive an additional 3% longevity raise (Longevity 3). 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. 25 ARTICLE 28. UNIFORMS AND EQUIPMENT 1. Employees covered by this Agreement shall receive from the City upon appointment, at no cost to the employee, a new uniform, which shall consist of the following: (a) One (1) long sleeve shirt; (b) Five (5) short sleeve shirts; (c) Five (5) pairs of trousers; (d) One (1) hat; (e) Badge and name tag; (f) 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; (j) 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 (1/2) of said allotment will be paid on the pay day nearest the 15th of December of each year and the other one-half (1/2) will be paid on the pay day nearest the 15th of June of each year provided that the employee is employed on said day. 3. Uniformed employees covered under this Agreement will receive a clothing allowance of $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. 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. 26 7. All personnel who intend to carry personal semi-automatic weapons on duty are subject to the following conditions: 1) The officer must complete transitional training prior to obtaining approval to carry the firearm as provided for in Article 10.3 -TRAINING. 2) A request to carry the firearm shall be approved by the Chief of Police. 3) Firearm shall be inspected and approved by a Department armorer. 4) Sworn personnel shall not modify authorized firearms. 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. 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. 4. In the event of an on-the-job injury to an employee, not as a result of negligence by the employee, such employee will be carried at full pay and benefits for a period not to exceed 180 calendar days. 27 ARTICLE 30. RETIREMENT BENEFITS 1. Each employee who retires with a normal retirement, early retirement, or disability retirement benefit shall receive an honorary one-grade promotion and shall be issued a badge and identification card clearly marked "retired". The honorary one-grade promotion shall not affect salary, benefits or the calculations of pension and/or distributions.:. 2. 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. d. Effective October 1, 2001, the benefit accrual rate (multiplier) shall be increased from 2. 75 to 2.80 percent for services performed in the 20012002 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. 28 3. Bargaining unit employees shall be 100% vested in the retirement plan when completion of ten (10) years continuous credited full-time service in the retirement plan is completed. 4. Effective October 1, 2001, the employee contribution to the retirement plan will be 7.5%. Should the total contribution be actuarially determined to exceed 15%, both the City and the employees will share equally the excess amount (should the total contribution be actuarially determined to be 17%, the City shall contribute a total of 8.5% and the employees shall contribute a total of 8.5%); provided however, effective October 1, 2016, the employee contribution will not exceed 12%. 29 Below is the sum of the amount to 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. Below is a breakdown of the minimum benefit, the cost, and date of expiration. Minimum Benefits Adopted New normal (25 years) Participate on their date of employment & Minimum Multiplier of 2% 9/31/26) New normal (55 & 10) & Early retirement eligibility date TOTAL PROVIDED TO THE POLICE PENSION PLAN $12,496 $25,282 Ordinance 30-01-1761 (Forever) Ordinance 06-05-1828 (Payments End on $41,450 Ordinance 38-19-2351 (Forever) $79,228 The Union may adopt the four outstanding minimum benefits as of the date of ratification for the purpose of utilizing the Chapter 185 police retirement funds to increase pension benefits for the bargaining unit members so long as the 185 monies can sustain the increase. All other minimum benefits wishing to be adopted must be negotiated 6. The retirement plan is mandatory for all employees, covered under this Agreement, hired after October 1, 1995. 7. 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. For the purposes of this Agreement the best five (5) years is defined as the best five 26 consecutive pay periods within a participant's career and such consecutive year periods shall not overlap one another. 8. The normal retirement date (the earliest date a bargaining unit employee may retire with full unreduced pension benefits) for a participant is the date that the participant has completed 25 years of credited police service, regardless of age, or attainment of age fifty- five (55) and completion of ten 10 years of credited police service. A participant is qualified to take early retirement if the participant is at least fifty (SO) years of age and has completed ten (10) years of credited police service. 30 9 . 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. 10. 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 (S) 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 actuarial company, approved 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. 11. For compensation earned by police lieutenants and captains on or after October 1, 2016, the maximum amount of overtime hours that may be used to determine annual compensation for calculating retirement benefits for any one (1) fiscal year shall not exceed three hundred (300) hours. Any accrued unused sick leave or accrued unused annual leave earned by lieutenants and captains on or after October 1, 2016, shall not be considered a part of their annual compensation for purposes of calculating their retirements benefits. 12. Effective upon the ratification of this Agreement employees hired on or after October 1, 2011, covered by this Agreement shall enter the pension plan immediately upon being hired as a sworn law enforcement officer. 13. The pension rights, benefits and employee contributions of bargaining unit employees are set forth in the current South Miami Employee Pension Plan, South Miami Police Officers Retirement Plan, and South Miami Police Officers Retirement Trust Fund, as codified in Chapter 16, Articles II and Ill, of the City Code of Ordinances, in effect on the effective date of this collective bargaining agreement, and such provisions shall remain in effect for the term of this Agreement and are incorporated herein by reference. 14. Lieutenants and captains eligible to retire with full benefits (as stated in the CSM Retirement Ordinance) without penalty will be allowed to enter the DROP. The member's DROP account shall be credited with interest in an amount equal to fifty (SO) percent of the net (gross return minus investment expense) yearly interest earned by the retirement system for the preceding fiscal year, up to a maximum of 6% percent. If the net yearly interest earned by the retirement system is zero (0) percent or less, the member's DROP account will not be credited with interest, nor will it be debited with any investment losses. 31 ARTICLE 31. EDUCATIONAL INCENTIVE 1. The City agrees to bear the cost of tuition for specifically applicable specialized education courses to better equip the officers for the performance of the particular job and/or position in which they are employed, as determined by and approved in writing by the Chief of Police. 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) 75% reimbursement of the course cost for a grade of "B" or better for undergraduate and graduate courses; b) 60% reimbursement of the course cost for a grade of "C" or better for undergraduate and 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; e) There shall be no reimbursement for grades "D" or less or "unsatisfactory." 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). ARTICLE 32. EMPLOYEE PREGNANCY/MATERNITY 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 unpaid maternity leave. Such maternity leave shall be granted for a period of up to six (6) months. In the event that the pregnant employee has any accrued annual leave, sick leave or comp time, she may use all or any part of the accrued leave at her request in lieu of unpaid leave. The City will abide by all applicable State and Federal law regarding pregnancy and leave time. 32 ARTICLE 33. EMPLOYEE ASSISTANCE PROGRAM The City and the PBA concur that an Employee Assistance Program (EAP) would be of great value in supporting the operations of the Police Department and to bolstering the welfare of the Department's law enforcement personnel. Therefore, it is agreed that the City Manager and the PBA unit representatives will meet, as needed, to develop an action plan to implement such a program that is responsive to the needs of the bargaining unit and is affordable to the City. ARTICLE 34. ABOLISHMENT OR MERGER 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, any contention or claim that the City violated any provision of the Americans with Disabilities Act, or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies and shall not be subject to the grievance procedure provided within this Agreement. 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, 2024. City of South Miami: Date 1/u/JQ_ By: foal/& ~ Pepe, Esq ., City Attorney Date: 09/19/2022 ll.1k :