Res No 014-25-16306RESOLUTION NO.014-25-16306
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A MULTI¬
YEAR COLLECTIVE BARGAINING AGREEMENT WITH THE
SOUTH FLORIDA POLICE BENEVOLENT ASSOCIATION;
PROVIDING FOR IMPLEMENTATION,CORRECTIONS,AND
AN EFFECTIVE DATE.
WHEREAS,the City of South Miami (the “City”)and the South Florida Police Benevolent
Association,Inc.(the “PBA”)entered into a Collective Bargaining Agreement for the period of October
1,2021 to September 30,2024,which sets forth the terms and conditions of employment of the Police
Department’s Lieutenants and Captains;and
WHEREAS,the City and PBA negotiated the Collective Bargaining Agreement for the period
of October 1,2024 to September 30,2027,attached hereto as Exhibit “A”(the “CBA”);and
WHEREAS,the City Commission desires to ratify the CBA and authorize the City Manager to
execute the CBA with the PBA on behalf of the City;and
WHEREAS,the City Commission finds that this Resolution is in the best interest and welfare
of the City.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,AS FOLLOWS:
Section 1.Recitals.The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2.Approval.The City Commission hereby approves/ratifies the CBA.The City
Manager is hereby authorized to execute the CBA,in substantially the form attached hereto as Exhibit
“A,”with the PBA on behalf of the City,subject to the approval as to form and legal sufficiency by the
City Attorney.
Section 3.Implementation.The City Manager is authorized to take any and all actions
necessary to implement the purposes of this Resolution.
Section 4.Corrections.Conforming language or technical scrivener-type corrections may
be made by the City Attorney for any conforming amendments to be incorporated into the final resolution
for signature.
Section 5.Effective Date.This Resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 4th day of February.2025.
Res.No.014-25-16306
ATTEST:APPROVED:
MAYOR
READ AND APPROVED AS TO FORM,
LANGUAGE,LEGALITY AND
EXECUTION THEREOF
WEISJS SEROTA FJELFMAN COLE
&BIERMAN,P.L.
CITY ATTORNEY
COMMISSION VOTE:
Mayor Javier Fernandez:
Vice Mayor Brian Corey:
Commissioner Steve Calle:
Commissioner Lisa Bonich:
Commissioner Danny Rodriguez:
5-0
Yea
Yea
Yea
Yea
Yea
Page 2 of 2
Agenda Item No:5.
City Commission Agenda Item Report
Meeting Date: February 4, 2025
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MULTI-YEAR COLLECTIVE
BARGAINING AGREEMENT WITH THE SOUTH FLORIDA POLICE BENEVOLENT ASSOCIATION;
PROVIDING FOR CORRECTIONS; PROVIDING FOR IMPLEMENTATION, AND AN EFFECTIVE DATE. 3/5
(CITY MANAGER)
Suggested Action:
Attachments:
Memo_PBA.docx
4AF2632-Resolution Approving PBA CBA.DOCX
2024-2027 Proposed TA Agreement Final Draft.docx
Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:February 4, 2025
SUBJECT:Collective Bargaining Agreement (CBA) Between the South Florida Police
Benevolent Association (PBA)and the City of South Miami (City)(October 1,
2024 –September 30, 2027)
RECOMMENDATION: Approve and authorize the City Manager to execute the three-year collective
bargaining agreement between the PBA and the City.
BACKGROUND: The CBA covers 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 collaboratively through
several negotiation sessions and were able to reach agreement on the terms
and conditions of the CBA. Notable changes include:
Updates to the promotional process (Article 9).
Six (6) month pilot program for a four (4) day, ten (10) hour shift (Article
9).
Increase of sick leave payout from 150 hours to 200 hours if the member
has at a minimum, 300 hours in their sick leave bank at the time of
termination/resignation (Article 13).
Increase annual payment-in-lieu of annual leave from 40 hours to 80
hours, provided the member has at least 100 hours of annual leave in
their bank.
City will pay a $150 a month stipend to all members who retire, until the
member reaches Medicare/Social Security age, to subsidize the cost of
health insurance, provided the member remains on the City’s insurance
(Article 18).
Shift differential updated so it is only applicable to hours worked between
6PM and 6AM. The differential increases annually throughout the life of
the CBA (Article 26).
Hazard duty and Command Incentive pay, currently paid on a bi-weekly
basis, was converted to a one-time salary increase (Article 26).
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SouthTMiami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
Salary ranges proposed by the Citywide Evergreen compensation study
were incorporated into the agreement (Article 26).
Educational incentive was increased to cover 100% of the course cost for
a grade of “A” (Article 31).
FISCAL IMPACT: The total payroll cost of the three-year collective bargaining agreement with
the police benevolent association and the City of South Miami is estimated
to be $2,860,000. Changes from the previous contract to the current
proposed contract result in an additional cost to the city of approximately
$20,300 over the three-year period. Included in this estimate are changes
made to shift differential, hazard pay, command incentive, longevity raise
changes, and applying salary ranges for unit members.
Sick Leave
This agreement would allow for an additional 50-hour termination payout
of sick leave time. Unit members hired after October 1, 1995 are entitled
to 200 hours (previously 150 hours) payout upon termination as long as
they have a minimum of 300 sick leave hours in their bank. Based on the
average salary, this would be an estimated $3,700 upon termination of a
member.
Insurance Benefits
The City agrees to provide a $150 per month insurance stipend to all
employees in this unit who retire and have completed 25 years of sworn
service with the City. This benefit will continue until the employee
becomes eligible for Medicare, as long as they remain enrolled in the City’s
insurance plan.
Tuition Reimbursement
In the updated contract, the tuition reimbursement policy allows unit
members to receive 100% reimbursement for an A grade (up from 75%)
and 50% for a C grade (down from 60%). For an A grade, the City would
incur an additional cost of approximately $1,500 for undergraduate annual
state tuition and $2,400 for graduate annual state tuition. For a C grade,
the City would pay an estimated $600 less for undergraduate
reimbursement and $950 less for graduate reimbursement, based on 2024
state school rates. Reimbursement for a B grade remains unchanged.
ATTACHMENTS: Proposed Resolution
CBA Agreement
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SouthTMiami
THE CITY OF PLEASANT LIVING
AGREEMENTBETWEENCITYOFSOUTHMIAMIANDSOUTHFLORIDAPOLICEBENEVOLENTASSOCIATIONLIEUTENANTSANDCAPTAINSOCTOBER1,2024-SEPTEMBER30,2027i
TableofContentsPREAMBLE3ARTICLE1RECOGNITION3ARTICLE2NON-DISCRIMINATION3ARTICLE3DUESCHECK-OFF3ARTICLE4ASSOCIATIONREPRESENTATIVES4ARTICLE5SERVICESTOTHEASSOCIATION4ARTICLE6PERSONNELRECORDS4ARTICLE7INTERNALAFFAIRSINVESTIGATIONANDOBLIGATIONTOTHEPUBLIC5ARTICLE8VEHICLESANDSAFETYEQUIPMENT7ARTICLE9PROMOTIONSANDREMOVAL7ARTICLE10TRAINING8ARTICLE11GRIEVANCEANDARBITRATIONPROCEDURE8ARTICLE12HOLIDAYS11ARTICLE13SICKLEAVE11ARTICLE14FUNERALLEAVE13ARTICLE15LEAVEOFABSENCE13ARTICLE16VACATIONLEAVE14ARTICLE17EXTRA-DUTYPOLICEEMPLOYMENT15ARTICLE18INSURANCEBENEFITS15ARTICLE19MANAGEMENTRIGHTS16ARTICLE20WORKSTOPPAGES17ARTICLE21AWARDS17ARTICLE22MILITARYLEAVE18ARTICLE23AUTHORIZEDUSEOFPRIVATEAUTOMOBILE18ARTICLE24BULLETINBOARDS18ARTICLE25SEVERABILITYCLAUSE18ARTICLE26COMPENSATION18ARTICLE27PROHIBITIONAGAINSTRE-OPENINGOFNEGOTIATIONS21ARTICLE28UNIFORMSANDEQUIPMENT21ARTICLE29PHYSICALEXAMINATIONANDWORKERS’COMPENSATION22ARTICLE30RETIREMENTBENEFITS22ARTICLE31EDUCATIONALINCENTIVE27ARTICLE32EMPLOYEEPREGNANCY/MATERNITYLEAVE28ARTICLE33EMPLOYEEASSISTANCEPROGRAM28ARTICLE34ABOLISHMENTORMERGER28ARTICLE35AMERICANSWITHDISABILITIESACT28ARTICLE36TERMOFAGREEMENT29
PREAMBLEThisAgreementisenteredintobytheCityofSouthMiami,Florida,hereinafterreferredtoasthe"Employer"orthe"City"andtheSouthFloridaPoliceBenevolentAssociation,Inc.,hereinafterreferredtoasthe"Association",forthepurposeofpromotingharmoniousrelationsbetweentheEmployerandtheAssociation,toestablishanorderlyandpromptprocedurefortheresolutionofgrievances,toinsurecontinuationofnormalactivitiesanddepartmentaloperations,tosettledifferenceswhichmightariseandtosetforththebasicandfullagreementbetweenthepartiesconcerningratesofpay,wages,hoursofworkandallotherconditionsofemployment.Allreferencesto“employee”andallpronounsinthisAgreementareintendedtorefertobothgenders.ARTICLE1.RECOGNITIONTheEmployerherebyrecognizestheDadeCountyPoliceBenevolentAssociationasthecollectivebargainingagentforallpermanentfull-timeswornpolicepersonneloftherankofPoliceLieutenantandPoliceCaptain,but,excludingallotheremployeesoftheCityofSouthMiami,includingtheChiefofPolice,AssistantChief,PoliceMajor,PoliceSergeantandPoliceOfficer.ARTICLE2.NON-DISCRIMINATIONThereshallbenodiscrimination,interference,restraint,orcoercionbytheEmployerortheAssociationagainstanyemployeebecauseofAssociationmembershipornon-membership,orbecauseofrace,creed,color,age,sex,religion,maritalstatus,sexualorientation,disabilityandnationalorigin.ARTICLE3.DUESCHECK-OFF1.AnymemberoftheAssociation,whohassubmittedaproperlyexecutedduesauthorizationcardorwrittenstatementtotheCityManagerorhisdesigneeinaccordancewithaformatprescribedorapprovedbytheCitymay,byrequestinwritinghavehismembershipduesintheAssociationdeductedfromhiswages.Duesshallbedeductedeachbi-weeklypayperiod,andshall,thereafter,betransmittedtotheAssociation.However,theCityshallhavenoresponsibilityoranyliabilityforanymoniesoncesenttotheAssociation,norshalltheCityhaveanyresponsibilityoranyliabilityfortheimproperdeductionofdues.Further,theAssociationshallholdtheCityharmlessfornon-intentionalerrorsintheadministrationoftheduesdeductionsystem.2.ItshallbetheresponsibilityoftheAssociationtonotifytheCityManagerorhisdesigneeofanychangeintheamountofduestobedeductedatleastthirty(30)daysinadvanceofsaidchange.UndernocircumstancesshalltheCityberequiredtodeductAssociationfines,penalties,orassessmentsfromthewagesofanymember.3.AnymemberoftheAssociationmay,onthirty(30)dayswrittennoticetotheCityandtheAssociation,requesttheCitytoceasedeductingduesfromhiswages.3
ARTICLE4.ASSOCIATIONREPRESENTATIVES1.OnememberoftheAssociationshallbeallowedtoattendbargainingsessionsforthepurposeofre-negotiatingthisAgreementwithoutlossofpay,shouldthemeetingtakeplacewhilethememberisonduty,ifapprovedinadvancebytheChiefofPolice.Shouldthememberbeoffdutyduringabargainingsession,heshallnotbeentitledtoanycompensation.Allbargainingsessionsshallbesetbymutualagreementbetweentheparties.2.TheAssociationRepresentativeshallbeallowedtoprocessgrievanceswithoutlossofpay,shouldsuchprocessingtakeplacewhiletheAssociationRepresentativeisonduty.Thereshallbeacapofone(1)hourtotaltimewhichtheAssociationRepresentativemayspendonanyonegrievance.Itisunderstoodandagreed,however,thattheforegoingissubjecttothemanpowerneedsoftheDepartmentatalltimes.3.TheAssociationRepresentativeshallbeallowedtoattendtheDadeCountyPBABoardofDirectorsmeetingonceamonthwithoutlossofpayorleavetime,shouldthemeetingtakeplacewhiletheAssociationRepresentativeisonduty.ARTICLE5.SERVICESTOTHEASSOCIATION1.TheCitywillfurnishtheAssociationacopyofthePoliceDepartment'sRulesandRegulations.2.TheCitywillallowtheAssociationanditsrepresentative’sreasonableaccesstotheCityCommissionChambersfortheconductingofAssociationbusinesswhensuchfacilityisnotinnormaluse,upon(5)dayswrittenrequestthereforetotheCityManagerorhisdesignee.3.TheCitywillprovideamailbox(bothtraditionalandelectronic)foreachemployeeforusebytheCityandtheAssociationtodistributemailandothercommunications.TheaforesaidmailboxesmaybeusedbytheAssociationstrictlyforthepurposeoftransmittingmaterialofaninformationalnatureandshallnotbeusedforthepurposeofcommunicatingmaterialtendingto,directlyorindirectly,disparageanyelectedorappointedofficialoftheCity.4.UponwrittenrequestbytheAssociation,theCitywillprovidetotheAssociation,onasemi-annualbasis,acompleterosterofthebargainingunit,includingname,rank,address,telephonenumber,socialsecuritynumberandcurrentpayscale.Eachmembershallsignaseparatewrittenstatementapprovingthetransmissionoftheirpersonaldatainadvanceofthecompletionofthisparagraph.ARTICLE6.PERSONNELRECORDS1.EmployeescoveredbythisAgreementshallhavetherighttoinspecttheirofficialpersonnelfileand/ortheirclosedInternalAffairsfileduringnormalbusinesshoursandshallnotbecompensatedshouldsaidinspectionoccuroutsideemployee'sregulardutyhours.Theemployeeshallhavetherighttomakeduplicatecopiesofanyitemsinhisofficialfiles,uponpaymentoftheusualcopyingcharge.2.EmployeescoveredbythisAgreementshallreceivecopiesofanydisparagingitemsthatareplacedintheemployee'sofficialpersonnelfile.EmployeescoveredbythisAgreementshallalsohavetherighttoaddwrittenresponsestoanysuchdisparagingitemsthatareplacedintheemployee'sofficialpersonnelfile.AllwrittenresponsesshallbesenttotheChiefofPolicevia4
chainofcommand.Anyrefusaltosignadocumentshallbedocumentedonallcopiesbytheissuingofficer(i.e."EmployeeRefusedtoSign");however,noretaliatoryordisciplinaryactionshallbetakenagainstanyemployeewhorefusestosignadocument.3.Allpersonnelrecordsoftheemployeesshallbekeptconfidentialtotheextentpermittedbylawandshallnotbereleasedtoanypersonexcept:authorizedofficialsoftheCity,orinresponsetoasubpoenafromacourtofcompetentjurisdiction,uponwrittenauthorizationfromtheemployee,orasotherwiserequiredbylaw.Inthisregard,thePBArecognizestheCity'sobligationtocomplywithChapter119,FloridaStatutes.4.Atnotimeshallthenewsmediabedirectlyorindirectlyfurnishedwiththehomeaddress,ortelephonenumberofanyemployeeorrelativeswithouthisexpresswrittenconsent.5.TheCityshallpurge,uponwrittenrequestfromtheemployeecoveredbythisAgreement,allrecordsofcounseling/coachingandoralwarningsfromtheemployees'personnelfilesafterone(1)fullyearofserviceduringwhichtheemployeedoesnotreceivefurtherrelatedcounselingororalwarningsorasprescribedbyFloridaStateStatute,TitleX,Chapter119andTitleXVIII,Chapter257.36,whicheveristhegreaterperiod.Suchdocumentsshallbekeptinaseparatefile.ARTICLE7.INTERNALAFFAIRSINVESTIGATIONANDOBLIGATIONTOTHEPUBLICThepartiesrecognizethatthesecurityoftheCityanditscitizensdependstoagreatextentuponthemannerinwhichtheemployeescoveredbythisAgreementperformtheirvariousduties.Further,thepartiesrecognizethattheperformanceofsuchdutiesinvolvesthoseemployeesinallmannerofcontactsandrelationshipswiththepublicandoutofsuchcontactsandrelationships,questionsmayarise,orcomplaintsmaybemadeconcerningtheactionsofemployeescoveredbythisAgreement.Investigationofsuchquestionsandcomplaintsmustnecessarilybeconductedby,orunderthedirectionof,departmentalsupervisoryofficialswhoseprimaryconcernmustbethesecurityoftheCityandthepreservationofthepublicinterest.1.InordertomaintainthesecurityoftheCityandprotecttheinterestsofitscitizens,thepartiesagreethattheCitymusthavetheunrestrictedrighttoconductinvestigationsofcitizens’complaintsandmattersofinternalsecurity;provided,however,thatanyinvestigativeinterrogationofanemployeecoveredbythisAgreementrelativetoacitizen'scomplaintand/ormatterofinternalsecurityshallbeconductedunderthefollowingconditions:A.Theinterrogationshallbeconductedatareasonablehour,preferablyatatimewhentheemployeeisonduty,unlesstheseriousnessoftheinvestigationisofsuchadegreethatimmediateactionisrequired.B.Theemployeeunderinvestigationshallbeinformedofthenatureoftheinvestigationpriortoanyinterrogation,andheshallbeinformedofthenameofallcomplainants,ifknowntotheDepartment.C.Theemployeeunderinvestigationshallbeinformedoftherank,name,andcommandoftheofficerinchargeoftheinvestigation,theinterrogatingofficer,andallpersonspresentduringtheinterrogation.Allquestionsdirectedtotheemployee5
underinvestigationshallbeaskedbyandthroughone(1)interrogatoratanyonetime.D.Interrogationsessionsshallbeforreasonableperiodsandshallbetimedtoallowforsuchrestperiodsasarenecessary.AllinterrogationswillbeheldattheheadquartersoftheSouthMiamiPoliceDepartment,insofaraspossible.E.Anyemployeeunderinvestigationshallbeinformedoftherighttoberepresentedbycounseloranyotherrepresentativeofhischoicewhoshallbepresentatalltimesduringsuchinterrogationswhenevertheinterrogationsrelatetotheemployee’scontinuedfitnessforlawenforcementservices.F.Theformalinterrogationsofanemployee,includingallrecessperiods,shallberecorded,andthereshallbenounrecordedquestionsorstatements.G.Iftheemployeeunderinterrogationisunderarrestorislikelytobeplacedunderarrestasaresultoftheinterrogation,heshallbecompletelyinformedofallofhisrightspriortothecommencementoftheinterrogation.H.Duringinterrogationscoveredhereunder,questionsshallbelimitedtothecircumstancessurroundingtheallegations,whicharethesubjectoftheinvestigation.I.Anemployeeunderinvestigationmayobtain,uponrequestandatnocost,acopyofanywrittenstatementhehasexecuted.J.Theemployeeshallnotbesubjectedtoanyoffensivelanguage,norshallhebethreatenedwithtransfer,dismissal,orotherdisciplinarymeasures.Nopromiseofrewardshallbemadeasaninducementtoansweringquestions.K.Noemployeemaybecompelledtotestifybeforeorbequestionedbyanynongovernmentalagencyunlessunderpropercourtsubpoena.L.TheCitywillnotorderorrequireanyemployeetosubmittoapolygraphexaminationorPSEtest.M.TheCityagreesthatnoadverseactionwillbetakenagainstanyemployeewhoexercisestherightsprovidedforinthisArticle.N.Anemployee,whoiscriminallychargedinanyjurisdictionwithafelonyoraseriousmisdemeanorincludedbutnotlimitedto,DUI,lewdandlasciviousconduct,indecentexposureorperjurymay,uponreviewofthecircumstancesbytheChiefofPolice,berelievedfromdutywithoutpayorbenefits.Ifexonerated,theemployeeshallbecompensatedforbackpayandbenefitsretroactivetothedatetheemployeewasrelievedfromduty.AnyemployeeplacedonleavewithoutpayshallremainontheCity'sEmployeeCensusbutshallberesponsibleforthefullcostofhealthinsurancepremiums,duringtherelieffromdutyperiod.O.Uponconclusionofaninternalreviewinvestigation,employeesdesignatedassubjectsshallbeadvised,inwriting,ofthedispositionofsaidinvestigation.P.RecordsofcomplaintsfromcitizensthatarenotaviolationofStatelaworCityorDepartmentpolicy,orthatarefoundnotsustainedorunfounded,willbekeptseparatelyfromtheindividual’spersonnelfile.Q.Thechargeof"conductunbecoming"andallsimilarlyvaguechargeswillnotbeusedbytheCityunlessspecificbehaviorsareexpressed.R.Shoulddisciplinaryactionresultfromaninternalinvestigation,anemployeemay,attheoptionoftheChiefofPolice,beallowedtousevacationtimetosatisfya6
suspensionwhichisforfive(5)daysorless,howevertheexercisingofsuchoptionwillwaivetherighttootherwiseappealthediscipline.S.TheCityshallmakeeveryefforttoinvestigate,determineandcompleteAdministrativeInvestigations(i.e.personnelcomplaintsregardingrudeness)within180daysofthecomplaintbeingfiled.Failuretoinvestigate,determineandcompletesuchinvestigationswithintheabovetimelimitsshallpreventtheCityfromtakingdisciplinaryactionagainstthebargainingunitemployeeagainstwhomthecomplaintismade.AnycontinuancesrequestedbythePBAortheemployeeshallextendthetimelimitaccordingly.ARTICLE8.VEHICLESANDSAFETYEQUIPMENT1.TheCitywillmakeagood-faithefforttomaintainpolicevehiclesandsafetyequipmentinproperworkingorder.PolicevehiclesoperatedbytheCityshallcomplywiththestandardsandrequirementsofapplicableFloridaStateStatutesgoverningmotorvehiclesafetyequipment.Employeeswill,assoonaspossible,reportanybrokenand/ormalfunctioningequipmenttotheirsupervisor.Employeesshallkeepthevehiclescleanedandfueled.Bargainingunitmembersshallbeassignedtake-homevehicles.ItistheresponsibilityofofficerswithassignedTake-HomeVehiclestopromptlydelivertheirvehicletotheMotorPoolwhenrepairsarenecessaryforscheduledpreventativemaintenance.ARTICLE9.PROMOTIONS,REMOVALANDSENIORITY1.Effectiveuponratification,thefollowingpromotionalprocessshallapplytoallfuturepromotionstotheranksofLieutenantsandCaptains.a.Employeeswillbeeligibletotakeapromotionalexamination/assessmentafterthreeyearscontinuousserviceinthepriorrank(sergeantrankforthelieutenant’sexamination/assessmentandlieutenantrankforcaptain’sexamination/assessment).b.Promotionalexaminations/assessmentsshallbeinaccordancewithvalidationstandardsandtechniquesasestablishedbytheChiefofPolice.CriteriatobeusedbytheChiefofPoliceforpromotionsshallbepromulgatedanddistributedtothebargainingunitatleastsixty(60)Calendardayspriortoanyexamination/assessment.c.TheCitywilllisttheareaswhichtheexaminations/assessmentswillcoverandthesourcesfromwhichtheexamination/assessmentisdrawn.Attheconclusionoftheexamination/assessment,thenamesofallthoseemployeeswhopassedtheexamination/assessmentshallbeputontoapromotionaleligibilitylist.d.WheneverabudgetedpromotionalvacancyexistsinaPoliceLieutenantorCaptainclassification,theCityshallfillsuchvacancywithinthirty(30)workingdaysfromanexistingeligibilitylist,totheextentpracticable,ifavalideligibilitylistisinexistence.Ifthereisnotavalideligibilitylistinexistence,theCityagreestoconductapromotionalexamination/assessmenttoestablishalisttofillthevacancywithinninety(90)daysofthevacancy,Apromotionaleligibilitylistwillexpiretwo(2)yearsfromthedateoftheexamination/assessment,whichledtoitscreation.e.TheChiefofPolicewillhaveauthoritytopromoteanyofthethree(3)toprankedcandidatesontheeligibilitylist.7
2.Theprobationaryperiodshallbeone(1)year.EmployeespromotedtoLieutenantandCaptainandthendemotedwithintheprobationaryperiodshallhavenorightofrevieworappeal,concerningsuchdemotion.Aftertheprobationaryperiodiscomplete(oneyearfromthedateofappointment)demotionsshallbeappealablethroughthegrievanceproceduretodetermineifjustcauseexistedforthedemotion.3.Employeespromotedfromsergeanttolieutenantandfromlieutenanttocaptainshallreceivea15%salaryincreaseatthetimeoftheirpromotion.4.Seniorityshallbedeterminedbaseduponanemployee’sdateofpromotionintohis/herrank;however,intheeventanemployeeisdemotedorremovedfromhis/herrankforanyreason,theemployeewillbecreditedwiththeseniorityaccruedinthehigherrankwhenreturningtothelowerrank(i.e.anemployeedemotedfromlieutenanttosergeantwillhavehis/herseniorityasasergeantcalculatedtoincludethetimehe/shewasinthehigherrankoflieutenant).5.IntheeventtheCityhastoremoveemployeescoveredbythisAgreementfromtheirrankfornon-disciplinaryreasons(i.e.budgetary),suchremovalshallbedoneintheinverseorderofseniorityandtheemployeeswillbebumpeddowntotheirlastassignedrank,providedtheyhaveseniorityovertheotheremployeesintheirlastassignedrank.6.BargainingunitemployeesassignedtothepatroldivisionwillbidfortheirassignedshiftinaccordancewithseniorityasdefinedinArticle9ofthisAgreement.Theshiftbidswilloccurinaccordancewiththeregularpatrolshiftschedule.Effectiveuponratification,theCitywillimplementafour(4)dayten(10)hourshiftschedule6-monthpilotprogramforlieutenantsandcaptainsassoonaspracticable(andwillholdaspecialshiftbidforlieutenantsandcaptainstotheextentnecessary).ARTICLE10.TRAINING1.TheCitywillprovideeachemployeewithacopyoftrainingbulletins.Additionally,theCitywillpromptlypostinaprominentplace,Citytrainingbulletinsaswellasapprovedtrainingadvertisements.2.TheCityagreestopayforanycourseattheSoutheastFloridaInstituteofCriminalJustice(locatedatMiami-DadeNorthCommunityCollege)thatemployeesarerequiredtoattend.TheCityagreestoprovideatleastforty(40)hoursoftrainingeveryfouryearstomeetFloridastatutorycertificationrequirements.TheCitymayprovideadditionaltraininginitsdiscretion.3.TheCityshallattempttoprovideweaponstrainingforallemployees,butinnoeventshallsuchtrainingbelessthanonceannually.Theirtrainingisinadditiontothetrainingprovidedunderparagraph10.2,above.Uponqualificationandademonstrationofproficiency,employeesshallbepermittedtocarry,onduty,semiautomaticweaponsthathavebeenapprovedbytheDepartmentandinaccordancewithArticle28.TheCityagreestoprovideammunitionforfirearmstraining.8
4.TheCityagreestosponsorandencouragemembersofthisunittoattendandparticipateinmanagementleveltraining,uponapprovaloftheChiefofPoliceandwithinthebudgetaryconstraintsoftheCity.ARTICLE11.GRIEVANCEANDARBITRATIONPROCEDURE1.InamutualefforttoprovideaharmoniousworkingrelationshipbetweenthepartiestothisAgreement,itisagreedandunderstoodthatthereshallbeaprocedurefortheresolutionofgrievancesbetweentheparties.ForthepurposeofthisArticle,agrievanceisdefinedas,andlimitedto,anydispute,differenceorcontroversyinvolvingtheinterpretationandapplicationofthisAgreement.2.Everyeffortwillbemadebythepartiestosettleanygrievanceasexpeditiouslyaspossible.ShouldthegrievingpartyfailtoobservethetimelimitsassetoutinthestepsofthisArticle,hisgrievanceshallbeconsideredconclusivelyabandoned.Anygrievancenotansweredbymanagementwithintheprescribedtimelimitsshallautomaticallyadvancetothenexthigherstepinthegrievanceprocedure.3.Grievancesshallbepresentedinthefollowingmanner:STEP1:TheemployeeshallfirsttakeuptheirgrievancewiththeChiefofPolicewithinseven(7)calendardaysoftheoccurrenceoftheevent(s)thatgaverisetothegrievance,or,withinseven(7)calendardaysafterreturntoworkfromauthorizedleave,asthecasemaybe.Thegrievanceshallbereducedtowritingandshallbediscussedbyandbetweentheemployee(orrepresentativeoftheAssociationandemployee)andtheChiefofPolicewithinten(10)calendardaysofthepresentationofthegrievance.TheChiefofPolice,shallwithinten(10)workingdaysaftersuchdiscussion(orsuchlongerperiodoftimeasismutuallyagreedupon),renderhisdecisioninwriting,withacopytotheAssociation;STEP2:IntheeventtheemployeeisnotsatisfiedwiththedispositionofthegrievanceatStep1,heshallhavetherighttoappealtheChiefofPolice'sdecisionbyservingtheCityManagerwithinseven(7)calendardaysofthedateofissuanceoftheChiefofPolice'swrittendecision.Suchappealmustbeaccompaniedbythefilingofacopyoftheoriginalwrittengrievancetogetherwithalettersignedbytheemployee,or,attheemployee'soption,therepresentativeoftheAssociation,requestingthattheChiefofPolice'sdecisionbereversedormodified.TheCityManagershall,withinfifteen(15)workingdaysoftheappeal(orsomelongerperiodoftimeasismutuallyagreedupon)renderadecisioninwritingwithacopytotheAssociation.Ifagrievanceisgeneralinnatureinthatitappliestoanumberofemployeesratherthanasingleemployee,orifthegrievanceissolelybetweentheAssociationandtheDepartmentortheCity,suchgrievanceshallbepresentedinwritingdirectlytotheChiefofPolicewithinten(10)calendardaysoftheoccurrenceoftheevent(s)thatgaverisetothegrievance.ThegrievanceshallbesignedbytheaggrievedemployeesorthePresidentoftheAssociationorotherauthorizedrepresentativeoftheAssociation.Thereafter,thegrievanceshallbeprocessedinaccordancewiththeproceduressetforthinStep3assetforthbelow.9
Agrievanceinvolvingdischarge,suspensionordisciplinarydemotioninvokedbytheCityshallbeinitiatedassetforthaboveatStep2withinten(10)calendardaysfromthedatetheemployeereceivesnoticeoftheCity’sfinalaction.STEP3:IntheeventagrievanceprocessedthroughthegrievanceprocedureassetforthinthisArticlehasnotbeenresolvedatStep2above,eitherpartymayrequestthatthegrievancebesubmittedtoarbitrationwithinfifteen(15)calendardaysaftertheCityManagerrendersawrittendecisiononthegrievance.Thearbitrationshallbeconductedbyasingleimpartialpersonmutuallyagreeduponbyandbetweentheparties.4.TheCityandemployee(ortheAssociation)shallmutuallyagreeinwritingastothestatementofthegrievancetobearbitratedpriortothearbitrationhearing,andthearbitrator,thereafter,shallconfinetheirdecisiontotheparticulargrievancethusspecified.Intheeventthepartiesfailtoagreeonthestatementofthegrievancetobesubmittedtothearbitrator,thearbitratorwillconfinetheirconsiderationanddeterminationtothewrittenstatementofthegrievancepresentedinStep2ofthegrievanceprocedure.Thearbitratorshallhavenoauthoritytochange,amend,addto,subtractfrom,orotherwisealterorsupplementthisAgreementoranypartthereoforamendmentthereto.ThearbitratorshallhavenoauthoritytoconsiderorruleuponanymatterwhichisstatedinthisAgreementnottobesubjecttoarbitrationorwhichisnotagrievanceasdefinedinthisAgreement;norshalltheircollectivebargainingagreementbeconstruedbythearbitratortosupersedeapplicablelawsinexistenceatthetimeofsigningofthisAgreement,excepttotheextentasspecificallyprovidedherein.5.Eachpartyshallbeartheexpenseofitsownwitnessesandofitsownrepresentativesforpurposesofthearbitrationhearing.Theimpartialarbitrator'sfeeandrelatedexpensesandexpensesofobtainingahearingroom,ifany,shallbeequallydividedbetweentheparties.Anypartydesiringatranscriptofthehearingshallbearthecostofsuchtranscriptunlessbothpartiesmutuallyagreetosharethesaidcost.6.Thepartiesshallmaketheirchoiceoftheimpartialarbitratorwithinseven(7)calendardaysofthesubmissionofrequestforarbitrationinparagraph3ofthisArticle.Ifthepartiesfailtomutuallyagreetotheselectionofanimpartialarbitrator,thepartyrequestingarbitrationshallrequestametropolitanpaneloffivearbitratorsfromtheFederalMediationandConciliationService(FMCS).Withinfourteen(14)calendardaysafterreceiptofthepanelfromFMCSthepartyrequestingarbitrationwillstrikethefirstname.Eachpartyshallhavetheoptionofstrikingtwo(2)namesinalternatingfashion,thusleavingthefifth,whichwillresultintheselectionofaneutralorimpartialarbitrator.However,within5daysofthelaststrike,eitherpartymayrejectthefifthpersoninthepanelone(1)timeinanygivencaseandrequestanewpanel.Thepartiesmayextendthetimeframeforrankorderingthepanelofarbitratorsonmutualwrittenagreement.Copiesofthearbitrator’sawardmadeinaccordancewiththejurisdictionandauthorityunderthisAgreementshallbefurnishedtobothpartieswithinthirty(30)daysofthecloseofthearbitrationhearing.Thearbitrator’sawardshallbefinalandbindingontheparties.10
ARTICLE12.HOLIDAYS1.Thebelow-listedpaidholidaysshallbegrantedunderthefollowingconditions:1)January12)3rdMondayofJanuary3)3rdMondayofFebruary4)4thMondayofMay5)June19th6)July47)1stMondayofSeptember8)2ndMondayofOctober9)November1110)LastThursdayinNovember11)FridayafterThanksgiving12)December2413)December2514)Birthday15)2FloatingHolidaysNewYear'sDayMartinLutherKing'sBirthdayPresident'sDayMemorialDayJuneteenthIndependenceDayLaborDayColumbusDayHolidayVeteran'sDayThanksgivingDayChristmasEveChristmasDayAfter1yearofcontinuousserviceAfter1yearofcontinuousservice2.Whereobservanceoftheseholidaysmayinterferewiththeworkschedule,suchobservanceonalternatedatemaybemadeattheChiefsdiscretion,withtheapprovaloftheCityManager.Insuchcircumstances,anemployeeshallreceive,attheemployee'soption,anadditionalday'spayattheirstraight-timerateofpay,orcompensatorytimeattheirstraight-timerateofpay.3.Whenaholidayfallsontheregularlyassigneddayoffforanemployee,suchemployeeshallreceive,attheemployee'soption,anadditionalday'spayattheirstraight-timerateofpay,orcompensatorytimeattheirstraight-timerateofpay.4.TheCityagreesthatanyholidaysprovidedtotheRankandFileBargainingUnitbeyondthoseprovidedinthisArticlewillalsobeprovidedtoemployeesofthisbargainingunit.ARTICLE13.SICKLEAVE1.Sickleaveshallbegrantedtoemployeesforabsencebecauseof:(a)Personalillnessorphysicaldisabilityresultingintheincapacityoftheemployeetoperformtheregulardutiesofhispositionandnotarisingfromaservice-connectedinjuryoraccident.TheChiefmayinstructanemployeetotakesickleavewhen,inthediscretionoftheChief,attendancebytheemployeemayleadtotheunnecessaryinfectionofothers.(b)Medical,dentaloropticaltreatmentsandexaminations.(c)Personalillnessorphysicaldisabilityresultingintheincapacityoftheemployeetoperformtheusualdutiesofhispositionandarisingfromaservice-connectedinjuryoraccident,butonlyafterallavailabledisabilitybenefitsofferedunderWorkmen's11
Compensationareexhausted,providedfurtherthatuseofsickleaveinthismannershallbeattheemployee'srequestandisnotmandatory.(d)Illnessorinjurytoamemberofabargainingunitmember'simmediatefamilythatrequirestheemployeetocareforthatimmediatefamilymember.2.Employeesshallbecreditedwithone(1)dayofsickleaveattheendofeachmonthduringtheyear.3.Sickleavemaybetakenonlytotheextentthatitisaccrued.NoadvancesickleaveshallbegrantedexceptinanemergencyanduponapprovaloftheCityManager.4.Employeeswillbeallowedtoaccruesickleaveinexcessofthe600hourscap.Nevertheless,thesickleavepayoutwillbegovernedbySection8ofthisArticle.5.Allemployeeswillhavea“no-cap"maximumonsickleaveaccrual.Allemployeeswhohaveattainedasickleavebalanceofaminimumof36days(288hours)shallbeeligibleontheirfirstanniversarydatefollowingthataccumulationtoconvertupto40hoursoftheirannualunusedsickleavebalanceinexcessof288hourstovacationleave.Anemployeewhousesinexcessof32hoursofsickleaveduringaone-yearperiodwillnotbeeligibleforthisbenefit.Thecatastrophicillnessbankwillbeabolished,andaccruedhourswillbereturnedtoemployeeswhohaveaccruedthisleave.Sickleavedonatedtoassistotheremployeesinneedshallnotbecountedagainstthedonatingemployeeforthepurposeofconversiontovacation.6.AnemployeewhoseservicewiththeCityisterminatedandwhohastakensickleavethatisunearnedatthedateoftermination,shallreimbursetheCityforallsalarypaidinconnectionwithsuchunearnedleave,exceptincaseswheretheemploymentisterminatedbythedeathofanemployee,orincaseswhereanemployeeisunabletoreturntodutybecauseofhisdisability,theevidenceofwhichshallbesupportedbyanacceptablemedicalcertificate.7.Inallcasesofabsenceonsickleaveinexcessofthree(3)workdaysandincasesofabsenceonsickleaveforanyperiodlessthanthree(3)workdayswhentheChiefofPoliceshallsodirect,thewrittenrequestforsickleaveshallbeaccompaniedbyacertificatesignedbythephysicianorotherlicensedmedicalpractitionertreatingtheemployee,certifyingastotheincapacityoftheemployeeduringsuchperiodtoperformtheusualdutiesofhisposition.Suchdirectivesshallbevalidandinforceforaperiodnottoexceedfour(4)months.TheChiefofPolicemayissueadditionaldirectivesnottoexceedfour(4)monthsinduration,inhisdiscretion.TheissuanceofallsuchdirectivesmaybeappealedtotheCityManager.Failuretofurnishsuchamedicalcertificateforabsencesinexcessofthree(3)workdays,orforanyabsencewhensodirectedbytheChiefofPolice,shallresultintheabsencebeingchargedtothevacationleaveoftheemployeeandpossibledisciplinaryaction.8.EmployeeshiredpriortoOctober1,1995,whovoluntarilyterminateemploymentfromtheCity,shallreceivepaymentfor100%ofleavedepositedintheirsickbank,upto600hours.EmployeeshiredafterOctober1,1995who,uponvoluntaryterminationfromtheCity,haveaminimumof300hoursofleavedepositedintheirsickleavebank,shallbeentitledtoatermination12
payoutof200sickleavehours.EmployeeshiredafterOctober1,1995withlessthan300hoursofsickleavewillnotbeentitledtoasickleavepayoutupontermination.9.ThepartiesagreethattheCitymaytakeanystepsitdeemsappropriatetostrictlyadministerandenforcetheCitysickleavepolicyinsuchamannerastoeliminateabuseofsickleaveprivilege.10.Intheeventanemployeeiskilledinthelineofduty,orhediesbynaturalcauses,hisheirsshallreceiveonehundredpercent(100%)ofhisremainingaccumulatedsickleavetime.11.AnysickleavedonatedtootherCityemployeesshallnotbecountedagainstthedonatingemployeeintermsofuseorrolloverofsicktimetovacationtime.12.ItisfurtherunderstoodandagreedthatallissuespertainingtoSickLeaveUsageshallbegovernedbyCityofSouthMiamiSickLeavePolicyasdescribedinthePersonnelManualineffectatthetimeofrequest.ARTICLE14.FUNERALLEAVE1.EmployeescoveredbythisAgreementshallbeentitledtofuneralleavewithpayuptoamaximumoffour(4)workdaysintheeventofadeathintheemployee'sfamily.Two(2)additionaldaysofleavemaybegrantediftravelinexcessof250milesonewayisnecessary.2.Theimmediatefamilyshallbedefinedaswifeorhusband,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,domesticpartnersandallapprovedfamilialrelationshipswithin,applicabletodomesticpartners.3.ProofofdeathintheimmediatefamilyintheformofdeathcertificateorpublicobituarymustbeprovidedtotheCityManagerorhisdesigneebeforecompensationisapproved.4.Funeralleaveshallnotbechargedtosickleaveorannualleave.5.Shouldanemployeerequiremorefuneralleaveabovetheallottedtime,hemayrequestadditionaltimenottoexceedten(10)days.Suchrequestsmustbesubmittedatleastfive(5)dayspriortothestartoftherequestedleaveandbepre-approvedbytheChiefofPolice.Moreover,theemployeerequestingsuchleavemusthaveatleastten(10)daysineitherhissick,vacationorcompensatoryleavebanks.ARTICLE15.LEAVEOFABSENCE1."NoPay"leavemaybegrantedbytheCityManagerforaperiodnottoexceedsix(6)calendarmonthstoenabletheemployeetoreceiveprofessionalortechnicaltrainingwhichwillimprovehisworkuponhisreturntoservice,orbecauseoftheemployee'sextendedillnessornon-job-relateddisability.Maternityleaveshallbetreatedthesameasanyotherextendedillnessornon-job-relateddisability."NoPay"leavemaybegrantedbytheCityManagertoanemployeeforaperiodnottoexceedone(1)calendarmonthforanyotherpurpose.13
2."NoPay"leavegrantedtoanyemployeeshallnottobechargedagainstvacationleave,butentrythereofshallbemadeupontheleaverecordsofsuchemployee.3.Anyemployeegrantedleavewithoutpayforsix(6)monthsormoreshallbeentitledtobeplacedbytheCityonlyifajobpositionisavailable,itbeingclearlyunderstoodthatifthejobpositionlastheldhasbeenfilledoreliminated,theCitywillmakeeveryefforttoplacetheemployeeinanotherjobpositionforwhichsaidemployeequalifies.Ifplacedinanotherjobposition,saidemployeeshallbeentitledonlytothewagescaleforsuchnewposition.Ifnojobpositionisavailable,theCitywillgiveprioritytosaidemployeeassoonasanewjobpositionforwhichtheemployeequalifies,isavailable.ARTICLE16.VACATIONLEAVE1.Theterm"VacationLeave"shallbeusedtodesignateleavewithpaygrantedtoanemployeeonthefollowingproratedbasis.Uponratificationofthisagreement:YearsofUninterruptedService1)2)3)3)4)1to4yearsinclusive5to9yearsinclusive10to14yearsinclusive15to19yearsinclusive20yearsandoverAmountofVacation8hourspermonth10hourspermonth12hourspermonth14hourspermonth16hourspermonth(a)VacationshallrequireapprovaloftheChiefofPoliceorhisdesignee,andatnotimeshallanemployeebeallowedtousemorevacationleavethanhasbeenaccumulated.(b)Earnedvacationtimeisprincipallyintendedforuseduringtheyearinwhichitisearned.Underexceptionalcircumstancesanduponwrittenrequestwithintheyearinwhichthevacationtimeisearned,suchtimemaybeusedupto30dayspasttheemployee’sanniversarydatewiththewrittenapprovaloftheCityManager.(c)Vacationleavemaybetakentotheextentthatitisearnedbytheemployee,subjecttothepriorapprovaloftheChiefofPolice,uponwrittenapplicationbytheemployeeinadvance,andattheconvenienceoftheCity.(d)AnyearnedandcreditedvacationunusedleaveaccruedbyanemployeewhenterminatingemploymentwiththeCitywillbepaidproratedattheemployee'scurrentrateofpaywiththelastpaycheckreceived.2.AnemployeemayrequesthisvacationpaychecksinadvanceofscheduledvacationbysubmittingawrittenrequesttotheCity'sPayrollDepartmentatleasttwo(2)weekspriortostartinghisvacation.3.EmployeeswillbepermittedtosplittheirvacationdatesatthediscretionoftheChiefofPolice.14
4.EffectiveOctober1,2024,thebenefitpermittingemployeestoconvertuptoforty(40)hourseachyearofunusedaccruedannualleavetocashpaymentshallbeincreasedtouptoeighty(80)hourseachyear,providedtheyhaveatleastonehundred(100)hoursofannualleave.ARTICLE17.EXTRA-DUTYPOLICEEMPLOYMENT1.EmployeesagreetobeboundbyandabidebytheRevisedExtra-DutyPoliceEmploymentPolicyasdevelopedbytheChiefofPolice.TheCityshallprovidetheAssociationwithtwo(2)weeksadvancenoticeofanymodificationstotheaforesaidExtra-DutyPoliceEmploymentPolicy.2.Effectiveuponratification,theRevisedExtra-DutyPoliceEmploymentPolicyshallberevisedtoreflectthattheCityshallbeentitledtonomorethanafivedollar($5.00)flatfeeperhourperdetailworkedbyabargainingunitmember.3.Effectiveuponratification,theRevisedExtra-DutyPoliceEmploymentPolicyshallberevisedtoreflectthatallextra-dutydetailsrequestedwithmorethanthreedays’noticetotheCityshallbebidbyseniorityinthefollowingorder:policeofficers,policesergeants,otherpolicedepartmentemployees.4.Anyemployeewhomaybeinjuredwhileactinginthescopeofsuchemploymentshallbeentitledtothesamerights,privileges,benefitsandworkers’compensationasifondutyprovidedthatsuchextra-dutyemploymentisauthorizedbytheChiefofPolice.5.Employeescoveredbythisagreementshallreceiveaminimumoffour(4)hourspayattheaccordingextra-dutyrateofpayifthejobisstoppedpriortoreachingfour(4)hoursofactualtimeworked.ARTICLE18.INSURANCEBENEFITSTheCityagreestopayforHMOhealthinsuranceforallemployeescoveredbythisAgreement.EmployeeswantingtheoptionalPOSorPPOhealthinsurancewillpaythedifferencebetweenthetwoplans.TheCitywillalsocontinuethecurrentlevelsofcoveragefordental,lifeanddisabilityinsurance.TheCityagreestoremainincompliancewithSection112.0801,FloridaStatuteswhich,statesinpertinentpartthateligiblefull-timeemployeesoftheCitythatareparticipantsintheCity’shealthinsuranceplansatthetimeoftheirretirementshallbeaffordedtheoptionofcontinuingtoparticipateintheplansasaRetiree.ProceduralinformationcanbefoundinthereferencedStatuteandontheCity’sEmployeePoliciesandProceduresManual.EffectiveOctober1,2024,theCityagreestopayallemployeesthatretireunderanormalretirement,earlyretirement,ordisabilityretirementandwhohavecompletedtwenty-five(25)yearsofswornlawenforcementservicefortheCitywithaone-hundredandfiftydollar($150)monthlystipendtohelpsubsidizethecostofhealthinsurance,providedtheretireeremainsontheCity’sinsuranceuntilhe/sheiseligibleforMedicare/Socialsecurity.NotwithstandingtheforegoingrequirementthattheretireeremainsontheCity’sinsuranceinordertoreceivethe15
stipend,iftheretireemovesoutoftheStateofFloridaandtheCityswitchesitsinsurancetoacarrierthatdoesnotprovidenationalcoverage,theretireewillbepermittedtoswitchtoadifferentinsurancecarrierandstillreceivethemonthlystipend.ARTICLE19.MANAGEMENTRIGHTS1.TheAssociationanditsmembersrecognizethattheCityhastheexclusiverighttomanageanddirectallofitsoperations.Accordingly,theCityspecifically,butnotbywayoflimitation,reservestheexclusiverightto:A.Decidethescopeofservicetobeperformedandthemethodofservice;B.Hireand/orotherwisedeterminethequalificationsofemployeesandthecriteriaandstandardsforemployment;C.PromoteemployeesfromtheranksofDivisionCommander,LieutenantandCaptainwithinthesolediscretionoftheChiefofPolice;D.Terminateorotherwisedisciplineemployeesforjustcause;E.Promoteanddeterminethequalificationsofemployees;F.Layoffand/orrelieveemployeesfromdutyduetolackofwork;G.Transferemployeesfromlocationtolocationandfromtimetotime;H.Rehireemployees;I.DeterminethestartingandquittingtimeandthenumberofhoursandshiftstobeworkedsubjecttoArticle20;J.Determinetheallocationandcontentofjobclassifications;K.Formulateand/oramendjobdescriptions;L.Merge,consolidate,expand,orcurtailordiscontinuetemporarilyorpermanently,inwholeorinpart,operationswheneverinthesolediscretionoftheCitygoodbusinessjudgmentmakessuchactionadvisable;M.Contractand/orsubcontractanyexistingorfuturework;N.Expand,reduce,alter,combine,assign,orceaseanyjob;O.DeterminewhetherandtowhatextenttheworkrequiredinitsoperationshallbeperformedbyemployeescoveredbythisAgreement;P.ControltheuseofequipmentandpropertyoftheCity;Q.Determinethenumber,location,andoperationofheadquarters,annexes,substationsanddivisionsthereof;R.Scheduleandassigntheworktotheemployeesandtodeterminethesizeandcompositionoftheworkforce;S.Determinetheservicestobeprovidedtothepublicandthemaintenance,procedures,materials,facilities,andequipmenttobeused,andtointroduceneworimprovedservices,maintenanceprocedures,materials,facilitiesandequipment;T.TakewhateveractionmaybenecessarytocarryoutthemissionandresponsibilitiesoftheCityinemergencysituations;U.Formulate,amend,reviseandimplementpolicy,programs,rulesandregulations;16
V.Havecompleteauthoritytoexercisethoserightsandpowersthatareincidentaltotherightsandpowersenumeratedabove,includingtherighttomakeunilateralchanges.2.TheaboverightsoftheCityarenotall-inclusivebutindicatethetypeofmattersorrightsthatbelongtoandareinherentintheCityastheemployer.Anyoftherights,powers,andauthoritytheCityhadpriortoenteringintothiscollectivebargainingagreementareretainedbytheCity,exceptasspecificallyabridged,delegated,grantedormodifiedbythisAgreement.3.IftheCityfailstoexerciseanyoneormoreoftheabovefunctionsfromtimetotime,thiswillnotbedeemedawaiveroftheCity'srighttoexerciseanyorallofsuchfunctions.ARTICLE20.WORKSTOPPAGES1.TheAssociationagreesthat,undernocircumstances,shalltherebeanyworkstoppage,strike,sympathystrike,safetystrike,jurisdictionaldispute,walkout,sit-downstay-in,sick-outoranyotherconcertedfailureorrefusaltoperformassignedworkforanyreasonwhatsoever,orpicketinginthefurtheranceofanyoftheabove-prohibitedactivities,norshallanybargainingunitpersonnelrefusetocrossanypicketlineatanylocation,whetherthepicketingisbeingdonebytheAssociationoranyotheremployeeorganizationorunion.2.TheAssociationagreesthattheCityshallretaintherighttodischargeorotherwisedisciplinesomeoralloftheemployeesparticipatinginorpromotinganyoftheactivitiesenumeratedinparagraph1above,andtheexerciseofsuchrightsbytheCitywillnotbesubjecttorecourseunderthegrievance/arbitrationprocess.3.Itisrecognizedbythepartiesthattheactivitiesenumeratedinparagraphs1and2above,arecontrarytotheidealsofprofessionalismandtotheCity'scommunityresponsibility.Accordingly,itisunderstoodandagreedthatintheeventofanyviolationofthisArticle,theCityshallbeentitledtoseekandobtainlegaland/orequitablereliefinanycourtofcompetentjurisdiction.4.ForthepurposeofthisArticle,itisagreedthattheAssociationshallberesponsibleforanyactcommittedbyitsofficers,agent,and/orrepresentativeswhensuchactconstitutesaviolationofstatelawortheprovisionsofthisAgreement.ARTICLE21.AWARDSTheCitywillendeavortoprovideaformalsystemofawardsforvariousdegreesofoutstandingservice.EmployeesselectedasOfficeroftheMonthorSupervisoroftheMonthshallreceiveofficialawardswhicharetobepostedconspicuouslyinthePoliceStationandCityHall.Additionally,formalrecognitionofanemployee'sexceptionalserviceshallbeplacedinpersonnelfile.17
ARTICLE22.MILITARYLEAVETheCityshallabidebyanyandallstatutoryrightsemployeeswhoarealsomembersoftheUnitedStatesmilitaryareentitledto.ARTICLE23.AUTHORIZEDUSEOFPRIVATEAUTOMOBILEAnyemployeemustbeauthorizedinwritinginadvancetousehisprivateautomobileintheperformanceofhisCitydutiesandwillbecompensatedatthemileagerateprescribedbyFloridaStatutes.Suchmileageshallbecomputedbasedonthedistancebetweentheemployee'sregulardutystationandtheplaceofassignmentortheemployee'residenceandtheplaceofassignment,whicheverisshorter.Mileageshallnotbepaidforcommutingtoandfromtheregulardutystationorforcourtappearancesorcase-relatedconferences.ARTICLE24.BULLETINBOARDSTheCityshallpermittheAssociationtopostnoticesofaninformationalnatureandnamesandaddressesofofficers,directors,andrepresentativesoftheEmployeeOrganizationona5'x4'bulletinboardinthesquadroomatthepolicestation.AcopyofeachnoticetobepostedshallbetransmittedtotheChiefofPoliceorhisdesigneepriortoposting.UndernocircumstancesshalltheAssociationtenderforpostinganynoticetrainingmaterialtendingto,directlyorindirectly,disparageanyelectedorappointedofficialoremployeeoftheCity.AnofficeroftheAssociationshallsigneachnoticetobeposted.ARTICLE25.SEVERABILITYCLAUSEShouldanyprovisionofthisAgreementoranypartthereof,berenderedordeclaredinvalidbyreasonofanyexistingorsubsequentlyenactedstateorfederallegislation,orbyanydecreeofacourtofcompetentjurisdiction,allotherarticlesandsectionsofthisAgreementshallremaininfullforceandeffectforthedurationofthisAgreement.Furthermore,shouldanyprovisionofthisAgreementbecomeinvalid,asdescribedabove,thepartiesshallmeetwithinthirty(30)calendardaysofsuchdecisionorlegislationtodiscusssubstituteprovisionsfor,orramificationsofsuchactiontothisAgreement.ARTICLE26.COMPENSATION1.EffectiveOctober1,2016,andeachyearthereafter,bargainingunitmembersshallreceiveacost-of-livingincrease,basedontheConsumerPriceIndex-AllUrbanConsumers12-MonthPercentChangefortheMiami-Ft.LauderdaleFLarea(CPI)whichshallhavetheeffectofincreasingthepayforeachemployeebyreceivingaCOLAraiseeveryyearonOctober1stbasedontheCPIaverage.Effectiveuponratification,theCOLAraiseeveryyearshallbenolessthanaminimumoftwopercent(2%)toamaximumofsixpercent(6%).2.BargainingunitemployeescoveredbythisAgreementwhoaretemporarilyassigned(5daysormore)toahigherrankshallreceivesevenpercent(7%)oftheirbasehourlyrateasasupplementforeachfulldayworkedinthehigherrank.18
3.Longevitypayshallbecalculatedbasedonthehourlyrateofeachbargainingunitemployee.4.Effectiveuponratification,throughSeptember30,2025,theshiftdifferentialpaybenefitshallbeamendedtoprovidethatbargainingunitemployeesassignedtouniformpatrolwhoarecoveredunderthisagreementandareassignedtoworkbetweenthehoursof6PMto6AMshallreceiveashiftdifferentialpayof2.5%oftheirbasesalary.EffectiveOctober1,2025,throughSeptember30,2026,theshiftdifferentialpaybenefitshallbeamendedtoprovidethatbargainingunitemployeesassignedtouniformpatrolwhoarecoveredunderthisagreementandareassignedtoworkbetweenthehoursof6PMto6AMshallreceiveashiftdifferentialpayof3%oftheirbasesalary.EffectiveOctober1,2026,throughSeptember30,2027,theshiftdifferentialpaybenefitshallbeamendedtoprovidethatbargainingunitemployeesassignedtouniformpatrolwhoarecoveredunderthisagreementandareassignedtoworkbetweenthehoursof6PMto6AMshallreceiveashiftdifferentialpayof3.5%oftheirbasesalary.Theshiftdifferential,forovertimeandpensioncalculation,isnottiedtothebase.Hoursmustbeactuallyworkedinordertoreceivethedifferentialpay.5.BargainingunitemployeescoveredunderthisAgreementwhoareassignedtothefollowingspecializedunitsshallreceiveanassignmentpayof$80perpayperiod.Theassignmentpayisnottiedtothebaseforovertimeandpensioncalculations.Bargainingunitemployeeseligibleforspecializedunitpaywillonlybeeligibleforonesuch$80increaseregardlessofhowmanyspecializedunitstheyparticipatein.Nobargainingunitmemberswillbeeligibletoreceivethisassignmentpay,exceptforthelieutenantcurrentlyassignedtoGIU,whowillcontinuetoreceivethepayforaslongasheisassignedtoGIU.a.Motors/TrafficUnitb.G.I.U.c.S.I.U.d.K-9e.SWAT5.EffectiveMarch1,2022,themeritpayprogramshallbegiveneveryyear.Ameritincreasewillbeawardedontheemployee’sanniversarydatewithintheemployee’sclassification,providedtheemployeemeetstheprovisionscontainedinthisarticle.Themeritpayincreaseshallbe2.5%peryear.Withinthetwelve(12)monthperiodimmediatelyprecedingtheeffectivedateofthemeritincrease,theEmployeemustnothaveanyofthefollowing(theserulesdonotapplyfortheCPIincrease):Receivedascorebelow3.0ontheannualperformancereview“AnniversaryDate”forpurposesofthissectionisdefinedasthedateemployeeispromotedintothebargainingunit(i.e.SergeanttoLieutenant)aswellasthedateemployeeispromotedwithin19
bargainingunit(i.e.aLieutenantpromotedtoCaptainwillusenewdateofpromotionformonthofservicecalculations).AnEmployeemustbeanemployeeoftheCityontheawarddatethesteppayincreaseisscheduled.6.Effectiveuponratification,thehazarddutypaybenefitshallbeeliminatedandconvertedtoapensionableone-time,non-recurring$2,210salaryincreaseforbargainingunitemployeescoveredunderthisAgreementandpayableonthefirstpay-periodafterratification.7.Effectiveuponratification,theCommandStaffIncentivePayshallbeeliminatedandconvertedtoapensionableone-time,non-recurring$2,080salaryincreaseforbargainingunitemployeescoveredunderthisAgreementandpayableonthefirstpay-periodafterratification.8.IfthePoliceChiefdeclaresAlpha/BravomobilizationpursuanttoadeclaredStateofEmergencyandtheCityofSouthMiamiisreimbursedmoniesbytheFederalEmergencyManagementAgency,thenemployeeswillreceivedoubletimepayforallhoursworkedduringtheAlpha/BravomobilizationtotheextentreimbursedbytheFederalGovernment.9.EmployeescoveredbythisAgreementwith10yearsofcontinuoussatisfactoryfull-timeserviceshallreceivealongevityraiseof3%oftheemployee'sbasesalaryontheiranniversarydate(Longevity1).After15yearsofcontinuoussatisfactoryfull-timeservicetheemployeewillreceiveanadditional4%longevityraise(Longevity2).After20yearsofcontinuoussatisfactoryfull-timeservice,theemployeewillreceiveanadditional5%longevityraise(Longevity3).10.EffectiveuponandcontingentontheRank-and-FileBargainingUnitagreeingtoasalaryrangeforthepoliceofficerandpolicesergeantclassifications,thepartiesagreetothefollowingsalaryrangesforthepolicelieutenantandpolicecaptainclassifications:Lieutenant:Minimum$97,643Maximum$158,264Captain:Minimum$115,615Maximum$187,883IftheRankandFilePoliceBargainingUnitagreestoasalaryrangethatcontainsminimumandmaximumsalariesforthepolicesergeantclassificationthatarewithin15%oftheminimumandmaximumsalaryrangesforthepolicelieutenantclassification,thenbothoftheabovesalaryrangeswillbeadjustedupwardstoprovideforatleasta15%separationbetweenclassifications(i.e.atleast15%betweensergeantsandlieutenantsand15%betweenlieutenantandcaptains).Thesalaryrangeswillincreaseeachfiscalyearwiththecost-of-livingadjustmentsprovidedinthisarticle;accordingly,employeesatthemaximumofapayrangewillcontinuetoreceiveacost-of-livingadjustmenteachfiscalyear.Anemployeewillnot,however,receivetheannualmerit20
payincreaseprovidedinthisarticleifhe/sheisatthemaximumofthesalaryasofthedateofhis/heranniversary.11.ShouldtheCityprovidethemembersoftheRank-and-Filebargainingunitwithacost-of-livingadjustment,meritpayincrease,generalsalaryincrease,and/oradditionalpaysupplements/differentialsorincreasestoexistingpaysupplements/differentialsabovewhatisprovidedinthisAgreement,theCitywillprovidemembersofthisbargainingunitwiththesameadjustmentsand/orincreases.ThisprovisionisnotintendedtoapplytoexistingpaybenefitsspecifictotheRank-and-Filebargainingunitonly,butratheritisintendedtoapplytopaybenefitsnegotiatedwiththeRank-and-FileunitafterratificationofthisAgreement.ARTICLE27.PROHIBITIONAGAINSTRE-OPENINGOFNEGOTIATIONSExceptasspecificallyprovidedherein,neitherpartyheretoshallbepermittedtore-openthisAgreementoranypartofthisAgreement.ThisAgreementcontainstheentireagreementofthepartiesonallmattersrelativetowages,hours,workingconditions,andallothermatterswhichhavebeen,orcouldhavebeennegotiatedbyandbetweenthepartiespriortotheexecutionofthisAgreement.ARTICLE28.UNIFORMSANDEQUIPMENT1.EmployeescoveredbythisAgreementshallreceivefromtheCityuponappointment,atnocosttotheemployee,anewuniform,whichshallconsistofthefollowing:(a)One(1)longsleeveshirt;(b)Five(5)shortsleeveshirts;(c)Five(5)pairsoftrousers;(d)One(1)hat;(e)Badgeandnametag;(f)DutyBeltandaccessoriestoinclude:butnotbelimitedto:handcuffsandcasecartridgecase,holsterandhand-heldradioholder;(g)Theappropriatequantityofammunition;(h)One(1)jacketwithzip-outlining;(i)One(1)pairpolicelowquartercorfamshoes;(j)Raingear.Theaboveitemsshallbereplacedasneeded,bytheCity,withinareasonableamountoftimefromtheemployee'swrittenrequest.SuchrequestsshallincludethereasonforreplacementandiscontingentuponapprovaloftheDivisionCommanderviachainofcommand.2.Employeeswhoarerequiredtowearnon-issuedclothingwillreceiveaclothingallotmentof$700dollarsannually.One-half(1/2)ofsaidallotmentwillbepaidonthepaydaynearestthe15thofDecemberofeachyearandtheotherone-half(1/2)willbepaidonthepaydaynearestthe15thofJuneofeachyearprovidedthattheemployeeisemployedonsaidday.21
3.UniformedemployeescoveredunderthisAgreementwillreceiveaclothingallowanceof$400dollarsannually.One-half(1/2)ofsaidallotmentwillbepaidonthepaydaynearestthe15thofDecemberofeachyearandtheotherone-half(1/2)willbepaidonthepaydaynearestthe15thofJuneofeachyearprovidedthattheemployeeisemployedonsaidday.Anyemployeewhoreceivesaclothing/uniformallowanceinadvancewhoterminatesemployment,exceptforretirement,willhaveaproratedportionofthatallowancedeductedfromthefinalpaycheck.Nofinalpaycheckwillbegiventheterminatedemployeeuntilallcity-ownedpropertysuchasuniformsandequipment,ID,etc.hasbeenreturnedtotheCity.4.EachbargainingunitemployeecoveredbythisAgreementshallbeprovidedwithabulletproofvest,asneeded,inthesolediscretionoftheCity.Thewearingofthevestwillbeattheoptionofemployees,exceptasspecificallydirectedbytheDepartment.5.Eachofficer(uponrequest)willbeissuedsurgicalglovesandaplasticpocketresuscitationmaskforuseinadministeringfirstaid.Suchitemsshallbereplacedasneeded.6.Employeesmaybeallowedtocarrypersonally-ownedshot-gunsandammunitionwhichconformtodepartmentstandardsoncetheemployeeisqualifiedforuseinthatweaponoranidenticalweaponbyacertifiedrangemaster.7.Allpersonnelwhointendtocarrypersonalsemi-automaticweaponsondutyaresubjecttothefollowingconditions:1)TheofficermustcompletetransitionaltrainingpriortoobtainingapprovaltocarrythefirearmasprovidedforinArticle10.3-TRAINING.2)ArequesttocarrythefirearmshallbeapprovedbytheChiefofPolice.3)FirearmshallbeinspectedandapprovedbyaDepartmentarmorer.4)Swornpersonnelshallnotmodifyauthorizedfirearms.5)HolsterandammunitionmagazineholdershallbeprovidedbytheDepartment.6)Theofficershallcompleteatrainingcoursepertainingtothenewfirearm.7)Theofficershallqualifywithfirearm.8)FirearmsandmagazinesshallbecarriedwithDepartmentissueammunitiononly.9)TheDepartmentshallsetforththemanufacturersandmodelsapprovedforuse.8.Employeesshallbeissuedimpactbatonswithholstersandshallreceiveappropriatetrainingforuseofsuchpriortoissuance.9.Uniformedpersonnelshallbepermittedtowear,aspartoftheiruniform,astandardknifecase,thefinishofwhichmatchestheleatheraccessoriesissuedbytheCity.ARTICLE29.PHYSICALEXAMINATIONANDWORKERS’COMPENSATIONBENEFITS1.Employeeswillreceiveanelectrocardiogram,eyeexam,andphysicalexaminationtoincludealcoholanddrugscreentestingatleastonceayear(12months)performedbyaphysician22
selectedbytheCityorwhenrequestedbytheCity.SchedulingoftheabovewillbeatthediscretionoftheCity,andtheresultswillbecomepartoftheemployee'spermanentrecord.TheCitywillundertakethecostoftheexaminationandwillfurnishtheemployeewithacopyoftheexaminationreport.2.Employeescoveredbythisagreementfurtheragreethat,intheinterestofpublicconfidence,thereneedstoexistamanagementrighttosubmitemployeesatrandomandwithoutnotificationfordrugandalcoholtesting.Saidtestsshallbeinadditiontotheannualphysicalandmayoccurnotmorethanonetimeperemployeeeachyear.3.ItisfurtherunderstoodandagreedthatallissuespertainingtotheCity’sDrugandAlcoholPolicyshallbegovernedbytheCityofSouthMiamiPersonnelManual.4.Intheeventofanon-the-jobinjurytoanemployee,notasaresultofnegligencebytheemployee,suchemployeewillbecarriedatfullpayandbenefitsforaperiodnottoexceed180calendardays.ARTICLE30.RETIREMENTBENEFITS1.Eachemployeewhoretireswithanormalretirement,earlyretirement,ordisabilityretirementbenefitshallreceiveanhonoraryone-gradepromotionandshallbeissuedabadgeandidentificationcardclearlymarked"retired”andtheirserviceissuedfirearm.Thehonoraryone-gradepromotionshallnotaffectsalary,benefitsorthecalculationsofpensionand/ordistributions.2.Thefollowingchangesinretirementbenefitsareherebyagreedandareincorporatedheretoashistoricaldata:b.EffectiveOctober1,1995,thebenefitaccrualrate(multiplier)shallbeincreasedfrom1.9%to2.25%forservicesperformedinthe1995-1996fiscalyear;c.EffectiveOctober1,1996,thebenefitaccrualrate(multiplier)shallbeincreasedfrom2.25%to2.50%forservicesperformedinthe1996-1997fiscalyear;d.EffectiveOctober1,1997,thebenefitaccrualrate(multiplier)shallbeincreasedfrom2.50%to2.75%forservicesperformedinthe1997-2001fiscalyears.e.EffectiveOctober1,2001,thebenefitaccrualrate(multiplier)shallbeincreasedfrom2.75to2.80percentforservicesperformedinthe20012002fiscalyear.f.EffectiveOctober1,2002,thepensionbenefitaccrualrate(multiplier)forswornpolicepersonnelshallbeincreasedfrom2.80percentto2.90forservicesperformedinthe2002-2003fiscalyear.23
g.EffectiveOctober1,2003,andthereafterthepensionbenefitaccrualrate(multiplier)forswornpolicepersonnelshallbeincreasedfrom2.90to3.00percent.h.ThemultiplierfactorforallyearsofservicepriortoOctober1,1993,themultipliershallbe1.6%.Forservicesrenderedduringfiscalyear1993-94(October1,1993,throughSeptember30,1994),themultipliershallbe1.8%.ForservicesrenderedduringOctober1,1994,throughSeptember29,1995,themultipliershallbe1.9%tobeappliedatthetimeofretirementofeachbargainingunitemployeecoveredbythisAgreement.3.Bargainingunitemployeesshallbe100%vestedintheretirementplanwhencompletionoften(10)yearscontinuouscreditedfull-timeserviceintheretirementplaniscompleted.4.EffectiveOctober1,2001,theemployeecontributiontotheretirementplanwillbe7.5%.Shouldthetotalcontributionbeactuariallydeterminedtoexceed15%,boththeCityandtheemployeeswillshareequallytheexcessamount(shouldthetotalcontributionbeactuariallydeterminedtobe17%,theCityshallcontributeatotalof8.5%andtheemployeesshallcontributeatotalof8.5%).TheEmployeecontributionwillnotexceed12%.5.BelowisthesumoftheamounttobepaidfromtheChapter185PoliceRetirementfundstotheSouthMiamiPolicePensionPlaneachyear,regardlessofthegrowthordiminutioninfutureChapter185funds.Belowisabreakdownoftheminimumbenefit,thecost,anddateofexpiration.MinimumBenefitsAdopted$12,496$25,282Ordinance30-01-1761(Forever)Ordinance06-05-1828(PaymentsEndon9/31/26)Ordinance38-19-2351(Forever)Newnormal(25years)Participateontheirdateofemployment&MinimumMultiplierof2%Newnormal(55&10)&EarlyretirementeligibilitydateTOTALPROVIDEDTOTHEPOLICEPENSIONPLAN$41,450$79,228ThepartiesagreethatthepensionplanshallbeamendedtoincludethefouroutstandingminimumbenefitsasprovidedinF.S.185:Normalformofpayment;Service-ConnectedDisabilityBenefitsNonService-ConnectedDisabilityBenefits;andaDeathBenefit(hereinafter“theremainingstatutoryminimumbenefits”)withinninety(90)daysfollowingthedatetheAgreementisratifiedbybothpartiesandthatthestatutoryminimumbenefitswillbefundedwithF.S.185premiumtaxrevenues.Further,aportionofthe“reserveforfutureminimumbenefits,”whichhadabalanceof$195,518asofSeptember30,2024,willbeusedtozerooutallnegativeaccountsintheSharePlanasofthe24
dateofratification.TheremainingbalanceofthereservefundshallbeappliedtowardstheCity’srequiredannualpensioncontributionspecificallyrelatingtothecostoftheremainingstatutoryminimumbenefits.Allfutureannualpremiumtaxrevenuecontributionsshallbeallocatedfirsttopayforallstatutoryminimumbenefits.Shouldtheannualcostofminimumbenefitseverexceedthepremiumtaxrevenuecontributionamounts,theCityshallberesponsibletopaythedifference,however,anyfutureannualpremiumtaxrevenuesreceivedinexcessoftheannualcostofminimumbenefitsshallbeappliedtoreducetheCity’sannualrequiredpensioncontributionsuntilsuchamountspaidbyCitytofundminimumbenefitsaresatisfiedinfull.OnceamountspaidbyCitytofundtheminimumbenefitsaresatisfiedinfull,theannualpremiumtaxmoniesreceivedinexcessoftheannualcostofsuchminimumbenefitsshallbeallocatedtopoliceofficerindividualSharePlanaccounts,witheachactivemember(includingDROPparticipants)withatleast1yearofservicereceivinganequalshareoftheexcesseachyear.ItisunderstoodandagreedthatthesetermsarecontingentuponthissamelanguagebeingapprovedandincorporatedintotheCBAfortheSergeantsandOfficersBargainingUnit6.Theretirementplanismandatoryforallemployees,coveredunderthisAgreement,hiredafterOctober1,1995.7.Finalaveragecompensationshallmeantheparticipant'sannualcompensation,asdeterminedbytheemployer,actinginauniformandnondiscriminatorymanner'averagedoverthebestfive(5)yearperiodoftheparticipant'scareerwiththeCityofSouthMiamiendingontheparticipant'sretirementdate,dateofdisability,dateofterminationofemployment,ordateofterminationoftheplan,whicheverisapplicable.ForthepurposesofthisAgreementthebestfive(5)yearsisdefinedasthebestfive26consecutivepayperiodswithinaparticipant'scareerandsuchconsecutiveyearperiodsshallnotoverlaponeanother.8.Thenormalretirementdate(theearliestdateabargainingunitemployeemayretirewithfullunreducedpensionbenefits)foraparticipantshallbeonthedatethattheparticipanthascompleted25yearsofcreditedpoliceservice,regardlessofage,orattainmentofagefifty-five(55)andcompletionoften10yearsofcreditedpoliceservice.Aparticipantisqualifiedtotakeearlyretirementiftheparticipantisatleastfifty(50)yearsofageandhascompletedten(10)yearsofcreditedpoliceservice.9.EmployeescoveredbythisAgreementshallbeallowedtoapplyforpermissiontopurchasecreditforactivedutyintheU.S.militaryservice,uptoamaximumoffive(5)yearsintheSouthMiamiRetirementSystem,pursuanttoprocedurestobepromulgatedbytheCityinconsultationwiththePBA.EffectiveOctober1,2024,employeescoveredbythisAgreementwhoarenotparticipatingintheDROPshallbeallowedtoapplyforpermissiontopurchasecreditforpriorserviceasapoliceofficerforanyothermunicipal,countyorstateorfederallawenforcementdepartmentaslongasthememberisnotentitledtoreceiveabenefitforsuch25
priorservice.Themaximumnumberofyearsofcreditedservicethatmaybepurchasedforpriorpoliceserviceshallbefive(5)years.Creditedservicepurchasedpursuanttothissectionshallapplyforthepurposeofpensionbenefitcalculationsbutnottowardvestingundertheplan.ThemembershallpaythefullactuarialcostoftheservicepurchaseascalculatedbythePlan’sactuary,plusanyfeeschargedbythePlan’sactuarytoperformtheservicepurchasecalculations.Paymentforpriormilitaryand/orpoliceservicemaybemadeinalumpsumordeductedfromthemember’spay,withinterestattheassumedrateofinvestmentreturnfortheplan,overaperiodoftimenotexceedingten(10)years.IntheeventfullpaymentforthepriorpoliceservicewithinteresthasnotbeenmadeatthetimeamemberenterstheDROPorseparatesfromcityemployment,themembershallreceivecreditedserviceforwhichtheamountpaidisthefullactuarialcost,asdeterminedbytheplanactuary.InthesecondyearofthisAgreement,thepartiesagreetoexploreanddiscussthepossibilityofimplementingabenefitpermittingemployeescoveredbythisAgreementtopurchaseanadditionalaccrualrateforyearsofserviceand/oranearlyretirementincentiveprogram.10.EmployeescoveredbythisAgreementshallbeallowedtoapplyforpermissiontopurchasecreditforimmediatepastCityserviceasamemberofthebargainingunituptoamaximumoffive(5)yearsintheSouthMiamiRetirementSystempursuanttoprocedurestobepromulgatedbytheCityinconsultationwiththePBA.Theactuarialandtechnicallanguageistobepreparedbyactuarialcompany,approvedbytheCityandthePBA,andadoptedbythePensionBoard.Anyconditionorimpairmentofhealthofanypoliceofficercausedbytuberculosis,hypertension,heartdisease,orhardeningofthearteries,resultingintotaldisabilityordeath,shallbepresumedtobeaccidentalandsufferedinthelineofdutyunlessthecontrarybeshownbycompetentevidence.11.ForcompensationearnedbypolicelieutenantsandcaptainsonorafterOctober1,2016,themaximumamountofovertimehoursthatmaybeusedtodetermineannualcompensationforcalculatingretirementbenefitsforanyone(1)fiscalyearshallnotexceedthreehundred(300)hours.AnyaccruedunusedsickleaveoraccruedunusedannualleaveearnedbylieutenantsandcaptainsonorafterOctober1,2016,shallnotbeconsideredapartoftheirannualcompensationforpurposesofcalculatingtheirretirementsbenefits.12.Thepensionrights,benefitsandemployeecontributionsofbargainingunitemployeesaresetforthinthecurrentSouthMiamiEmployeePensionPlan,SouthMiamiPoliceOfficersRetirementPlan,andSouthMiamiPoliceOfficersRetirementTrustFund,ascodifiedinChapter16,ArticlesIIandIII,oftheCityCodeofOrdinances,ineffectontheeffectivedateofthiscollectivebargainingagreement,andsuchprovisionsshallremainineffectforthetermofthisAgreementandareincorporatedhereinbyreference.26
13.Lieutenantsandcaptainseligibletoretirewithfullbenefits(asstatedintheCSMRetirementOrdinance)withoutpenaltywillbeallowedtoentertheDROP.Themember'sDROPaccountshallbecreditedwithinterestinanamountequaltofifty(50)percentofthenet(grossreturnminusinvestmentexpense)yearlyinterestearnedbytheretirementsystemfortheprecedingfiscalyear,uptoamaximumof6%percent.Ifthenetyearlyinterestearnedbytheretirementsystemiszero(0)percentorless,themember'sDROPaccountwillnotbecreditedwithinterest,norwillitbedebitedwithanyinvestmentlosses.UponseparationfromtheCityofSouthMiami,DROPparticipantswillhave120daystotakeadistributionoffundsintheirDROPaccountorrollalloraportionoftheDROPbalanceintoanIRAorotherqualifiedplan,asdirectedbytheparticipant.After120daysfromtheseparationdate,thefundsintheaccountwillnolongeraccrueinterestandwillbesubjecttomarketlossesexperiencedbythePlan.ARTICLE31.EDUCATIONALINCENTIVE1.TheCityagreestobearthecostoftuitionforspecificallyapplicablespecializededucationcoursestobetterequiptheofficersfortheperformanceoftheparticularjoband/orpositioninwhichtheyareemployed,asdeterminedbyandapprovedinwritingbytheChiefofPolice.2.EveryapplicationforeducationalassistanceshallbesubjecttotheapprovaloftheChiefofPoliceandtheCityManager.Suchapprovalmustbeobtainedatleastthirty(30)dayspriortothebeginningofanycourse.3.Ifanyapplicationisapproved,guidelinesforreimbursementareasfollows:a)100%reimbursementofthecoursecostforagradeof“A”forundergraduateandgraduatecourses.b)75%reimbursementofthecoursecostforagradeof“B”forundergraduateandgraduatecourses;c)50%reimbursementofthecoursecostforagradeof“C”forundergraduateandgraduatecourses;d)Anysuchreimbursementshallbemadeonlyuponsubmissionofproofofthegradesasprovidedinsub-sectionsaandbabove;e)Thecredithourcostofanycoursesapprovedshallbecappedattherateusedbylocalpubliclyfundeduniversitiesand/orcommunitycolleges;f)Thereshallbenoreimbursementforgrades“D”orlessor“unsatisfactory.”4.EmployeesutilizingeducationalassistancemustremainwiththeCityforaperiodofatleasttwoyearsfollowingcompletionofanyreimbursedcourseorsaidmoneymustberepaidtotheCity(amountmaybedeductedfromfinalpay).27
ARTICLE32.EMPLOYEEPREGNANCY/MATERNITYLEAVEPregnantemployeesshallbegranteddisabilityleaveonthesametermsandconditionsasgrantedforothernon-pregnancy-relateddisabilities.Anybargainingunitemployeewhobecomespregnantshallbeentitledtounpaidmaternityleave.Suchmaternityleaveshallbegrantedforaperiodofuptosix(6)months.Intheeventthatthepregnantemployeehasanyaccruedannualleave,sickleaveorcomptime,shemayusealloranypartoftheaccruedleaveatherrequestinlieuofunpaidleave.TheCitywillabidebyallapplicableStateandFederallawregardingpregnancyandleavetime.ARTICLE33.EMPLOYEEASSISTANCEPROGRAMTheCityandthePBAconcurthatanEmployeeAssistanceProgram(EAP)wouldbeofgreatvalueinsupportingtheoperationsofthePoliceDepartmentandtobolsteringthewelfareoftheDepartment’slawenforcementpersonnel.Therefore,itisagreedthattheCityManagerandthePBAunitrepresentativeswillmeet,asneeded,todevelopanactionplantoimplementsuchaprogramthatisresponsivetotheneedsofthebargainingunitandisaffordabletotheCity.ARTICLE34.ABOLISHMENTORMERGER1.Whenevertheabolishmentormergerofthepolicedepartmentiscontemplated,theAssociationshallbeinformedofsuchplansinadvanceandbegivenanopportunitytonegotiateconcerningtheimpactofsuchabolishmentormergerproposaluponthisAgreement.2.Theabolishmentormergernegotiationsshallincludediscussionofprovisionsfortheplacementofpersonnelinotherdepartmentsor,inthealternative,severancebenefits.ARTICLE35.AMERICANSWITHDISABILITIESACTNotwithstandinganyotherprovisionofthisAgreement,thePBAagreesthattheCitymaytakewhateveractionsmaybenecessarytocomplywiththeAmericanswithDisabilitiesActortheFloridaCivilRightsActtoprovidereasonableaccommodationtoindividualswithdisabilitiesasrequiredunderthoselaws.Toaccomplishthis,theCityshallnotifythePBAoftheactionitintendstotaketocomplywiththeADAortheFloridaCRA.IfthePBAdisagreeswiththeactioncontemplatedbytheCity,thePBAshallimmediatelyrequestnegotiationswiththeCitytoresolvetheissueandtodeterminetheparties'mutualobligationstocomplywiththeselaws.However,anycontentionorclaimthattheCityviolatedanyprovisionoftheAmericanswithDisabilitiesAct,ortheFloridaCivilRightsActshallbeexclusivelyresolvedthroughavailableadministrativeorjudicialremediesandshallnotbesubjecttothegrievanceprocedureprovidedwithinthisAgreement.28
ARTICLE36.TERMOFAGREEMENTExceptasprovidedherein,allprovisionsofthisAgreementshallbeeffectiveuponratificationbythePBAandtheCity.ThisAgreementshallremaininfullforceandeffectuntilandincludingSeptember30,2027.Approvedastoform,sufficiencyandlegality:By:Weiss,Serota,HelfmanCole&Bierman,P.L.,CityAttorneyDateDate:Date:Date:29
1
AGREEMENT
BETWEEN
CITY OF SOUTH MIAMI
AND
SOUTH FLORIDA POLICE BENEVOLENT
ASSOCIATION
LIEUTENANTS AND CAPTAINS
OCTOBER 1, 2021 2024 –SEPTEMBER 30, 2024 2027
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Table of Contents
PREAMBLE.......................................................................................... 3
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............................................................................................ 8
ARTICLE 11 GRIEVANCE AND ARBITRATION PROCEDURE ...................... 8
ARTICLE 12 HOLIDAYS......................................................................................... 11
ARTICLE 13 SICK LEAVE...................................................................................... 12
ARTICLE 14 FUNERAL LEAVE ............................................................................ 13
ARTICLE 15 LEAVE OF ABSENCE...................................................................... 14
ARTICLE 16 VACATION LEAVE.......................................................................... 14
ARTICLE 17 EXTRA-DUTY POLICE EMPLOYMENT..................................... 15
ARTICLE 18 INSURANCE BENEFITS.................................................................. 16
ARTICLE 19 MANAGEMENT RIGHTS................................................................ 16
ARTICLE 20 WORK STOPPAGES......................................................................... 17
ARTICLE 21 AWARDS............................................................................................. 18
ARTICLE 22 MILITARY LEAVE........................................................................... 18
ARTICLE 23 AUTHORIZED USE OF PRIVATE AUTOMOBILE.................... 18
ARTICLE 24 BULLETIN BOARDS........................................................................ 18
ARTICLE 25 SEVERABILITY CLAUSE............................................................... 19
ARTICLE 26 COMPENSATION ............................................................................. 18
ARTICLE 27 PROHIBITION AGAINST RE-OPENING OF NEGOTIATIONS........ 22
ARTICLE 28 UNIFORMS AND EQUIPMENT ..................................................... 22
ARTICLE 29 PHYSICAL EXAMINATION AND WORKERS’
COMPENSATION ............................................................................. 23
ARTICLE 30 RETIREMENT BENEFITS .............................................................. 23
ARTICLE 31 EDUCATIONAL INCENTIVE......................................................... 28
ARTICLE 32 EMPLOYEE PREGNANCY/MATERNITY LEAVE.................... 29
ARTICLE 33 EMPLOYEE ASSISTANCE PROGRAM ....................................... 29
ARTICLE 34 ABOLISHMENT OR MERGER...................................................... 29
ARTICLE 35 AMERICANS WITH DISABILITIES ACT.................................... 30
ARTICLE 36 TERM OF AGREEMENT…………………………………………..30
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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 South Florida 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
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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 of command. Any refusal to sign a document shall be documented on all copies by the
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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, or
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
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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.
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
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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.
1. Effective upon ratification, the following promotional process shall apply to all future
promotions to the ranks of Lieutenants and Captains.
a. Employees will be eligible to take a promotional examination/assessment after three years
continuous service in the prior rank (sergeant rank for the lieutenant’s
examination/assessment and lieutenant rank for captain’s examination/assessment).
b.Promotional examinations/assessments shall be in accordance with validation standards
and techniques as established by the Chief of Police. Criteria to be used by the Chief of
Police for promotions shall be promulgated and distributed to the bargaining unit at least
sixty (60) Calendar days prior to any examination/assessment.
c.The City will list the areas which the examinations/assessments will cover and the sources
from which the examination/assessment is drawn. At the conclusion of the
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examination/assessment, the names of all those employees who passed the
examination/assessment shall be put onto a promotional eligibility list.
d.Whenever a budgeted promotional vacancy exists in a Police Lieutenant or Captain
classification, the City shall fill such vacancy within thirty (30) working days from an
existing eligibility list, to the extent practicable, if a valid eligibility list is in existence. If
there is not a valid eligibility list in existence, the City agrees to conduct a promotional
examination/assessment to establish a list to fill the vacancy within ninety (90) days of the
vacancy, A promotional eligibility list will expire two (2) years from the date of the
examination/assessment, which led to its creation.
e.The Chief of Police will have authority to promote any of the three (3) top ranked
candidates on the eligibility list.
2.The probationary period shall be one (1) year. Employees promoted to Lieutenant and Captain
and then demoted within the probationary period shall have no right of review or appeal,
concerning such demotion. 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.
3. Employees promoted from sergeant to lieutenant and from lieutenant to captain shall receive
a 15% salary increase at the time of their promotion.
4. 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).
5. 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.
6. 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. Effective upon ratification,
the City will implement a four (4) day ten (10) hour shift schedule 6-month pilot program for
lieutenants and captains as soon as practicable (and will hold a special shift bid for lieutenants
and captains to the extent necessary).
ARTICLE 10. TRAINING
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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.
7. 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;
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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.
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8. 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.
3. When a holiday falls on the regularly assigned day off for an employee, such employee shall
receive, at the employee's option, an additional day's pay at their straight-time rate of pay, or
compensatory time at their straight-time rate of pay.
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4.The City agrees that any holidays provided to the Rank and File Bargaining Unit beyond
those provided in this Article will also be provided to employees of this bargaining unit.
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
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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.
Effective upon ratification, 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 150 200 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 stepsit 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.
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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.
9. 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. Upon ratification of this agreement:
Years of Uninterrupted Service Amount of Vacation
1) 1 to 4 years inclusive 2-2/5 weeks or 12 working days 8 hours
per month
2) 5 to 9 14 years inclusive 3 weeks or 15 working days 10 hours
per month
3) 10 to 14 years inclusive 12 hours per month
3) 15 to 19 years inclusive 3-3/5 weeks or 18 working days 14 hours
per month
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4) 20 years and over 4-1/5 weeks or 21 working days 16 hours
per month
(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.
4. Effective October 1, 2024, the benefit permitting employees to convert up to forty (40)
hours each year of unused accrued annual leave to cash payment shall be increased to up to eighty
(80) hours each year, provided they have at least one hundred (100) hours of annual leave.
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.
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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
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.
Effective October 1, 2024, the City agrees to pay all employees that retire under a normal
retirement, early retirement, or disability retirement and who have completed twenty-five (25)
years of sworn law enforcement service for the City with a one-hundred and fifty dollar ($150)
monthly stipend to help subsidize the cost of health insurance, provided the retiree remains on the
City’s insurance until he/she is eligible for Medicare/Social security. Notwithstanding the
foregoing requirement that the retiree remains on the City’s insurance in order to receive the
stipend, if the retiree moves out of the State of Florida and the City switches its insurance to a
carrier that does not provide national coverage, the retiree will be permitted to switch to a different
insurance carrier and still receive the monthly stipend.
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;
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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;
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.
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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
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.
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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
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 fromthe 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 (5 days
or more) 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.Effective upon ratification, through September 30, 2025 the shift differential pay benefit
shall be amended to provide that bargaining unit employees assigned to uniform patrol who are
covered under this agreement and are assigned to work between the hours of 6PM to 6AM
afternoon or midnight shifts shall receive a shift differential pay of $0.45 (afternoon shift) or
$0.60 2.5% of their base salary (midnight shift).
Effective October 1, 2025 through September 30, 2026 the shift differential pay benefit shall be
amended to provide that bargaining unit employees assigned to uniform patrol who are covered
under this agreement and are assigned to work between the hours of 6PM to 6AM shall receive a
shift differential pay of 3% of their base salary.
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Effective October 1, 2026 through September 30, 2027 the shift differential pay benefit shall be
amended to provide that bargaining unit employees assigned to uniform patrol who are covered
under this agreement and are assigned to work between the hours of 6PM to 6AM shall receive a
shift differential pay of 3.5% of their base salary.
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
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):
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.
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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. Effective upon ratification, the hazard duty pay benefit shall be
eliminated and converted to a pensionable one-time, non-recurring $2,210 salary increase for
bargaining unit employees covered under this Agreement and payable on the first pay-period
after ratification.
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. Effective upon ratification, the Command Staff
Incentive Pay shall be eliminated and converted to a pensionable one-time, non-recurring $2,080
salary increase for bargaining unit employees covered under this Agreement and payable on the
first pay-period after ratification.
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.Effective upon ratification, 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 4% longevity raise (Longevity 2). After 20
years of continuous satisfactory full-time service, the employee will receive an additional 3 5%
longevity raise (Longevity 3).
12.Effective upon and contingent on the Rank-and-File Bargaining Unit agreeing to a salary
range for the police officer and police sergeant classifications, the parties agree to the following
salary ranges for the police lieutenant and police captain classifications:
Lieutenant:Minimum Maximum
$97,643 $158,264
Captain: Minimum Maximum
$115,615 $187,883
If the Rank and File Police Bargaining Unit agrees to a salary range that contains minimum and
maximum salaries for the police sergeant classification that are within 15% of the minimum and
maximum salary ranges for the police lieutenant classification, then both of the above salary ranges
will be adjusted upwards to provide for at least a 15% separation between classifications (i.e. at
least 15% between sergeants and lieutenants and 15% between lieutenant and captains).
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The salary ranges will increase each fiscal year with the cost-of-living adjustments provided in
this article; accordingly, employees at the maximum of a pay range will continue to receive a cost
of living adjustment each fiscal year. An employee will not, however, receive the annual merit
pay increase provided in this article if he/she is at the maximum of the salary as of the date of
his/her anniversary.
13.Should the City provide the members of the Rank-and-File bargaining unit with a cost of
living adjustment, merit pay increase, general salary increase, and/or additional pay
supplements/differentials or increases to existing pay supplements/differentials above what is
provided in this Agreement, the City will provide members of this bargaining unit with the same
adjustments and/or increases. This provision is not intended to apply to existing pay benefits
specific to the Rank-and-File bargaining unit only, but rather it is intended to apply to pay benefits
negotiated with the Rank and File unit after ratification of this Agreement.
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.
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
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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.
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
28
24
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 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”and their service issued firearm.
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:
b.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;
c.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;
d.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.
e.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.
f.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.
29
25
g.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.
h.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 contribution will not exceed 12%.
5.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
The parties agree that the pension plan shall be amended to include the four outstanding minimum
benefits as provided in F.S. 185: Normal form of payment; Service-Connected Disability Benefits
Non Service-Connected Disability Benefits; and a Death Benefit (hereinafter “the remaining
statutory minimum benefits”) within ninety (90) days following the date the Agreement is ratified
30
26
by both parties and that the statutory minimum benefits will be funded with F.S. 185 premium tax
revenues.
Further, a portion of the “reserve for future minimum benefits,” which had a balance of $195,518
as of September 30, 2024, will be used to zero out all negative accounts in the Share Plan as of the
date of ratification. The remaining balance of the reserve fund shall be applied towards the City’s
required annual pension contribution specifically relating to the cost of the remaining statutory
minimum benefits.
All future annual premium tax revenue contributions shall be allocated first to pay for all statutory
minimum benefits. Should the annual cost of minimum benefits ever exceed the premium tax
revenue contribution amounts, the City shall be responsible to pay the difference, however, any
future annual premium tax revenues received in excess of the annual cost of minimum benefits
shall be applied to reduce the City’s annual required pension contributions until such amounts paid
by City to fund minimum benefits are satisfied in full. Once amounts paid by City to fund the
minimum benefits are satisfied in full, the annual premium tax monies received in excess of the
annual cost of such minimum benefits shall be allocated to police officer individual Share Plan
accounts, with each active member (including DROP participants) with at least 1 year of service
receiving an equal share of the excess each year.
It is understood and agreed that these terms are contingent upon this same language being approved
and incorporated into the CBA for the Sergeants and Officers Bargaining Unit
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 shall be on 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.
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)
five (5) years in the South Miami Retirement System, pursuant to procedures to be
promulgated by the City in consultation with the PBA.
31
27
Effective October 1, 2024, employees covered by this Agreement who are not
participating in the DROP shall be allowed to apply for permission to purchase credit for
prior service as a police officer for any other municipal, county or state or federal law
enforcement department as long as the member is not entitled to receive a benefit for such
prior service. The maximum number of years of credited service that may be purchased
for prior police service shall be five (5) years.
Credited service purchased pursuant to this section shall apply for the purpose of pension
benefit calculations but not toward vesting under the plan.
The member shall pay the full actuarial cost of the service purchase as calculated by the
Plan’sactuary, plus any fees charged by the Plan’s actuary to perform the service purchase
calculations. Payment for prior military and/or police service may be made in a lump sum
or deducted from the member’s pay, with interest at the assumed rate of investment return
for the plan, over a period of time not exceeding ten (10) years. In the event full payment
for the prior police service with interest has not been made at the time a member enters
the DROP or separates from city employment, the member shall receive credited service
for which the amount paid is the full actuarial cost, as determined by the plan actuary.
In the second year of this Agreement, the parties agree to explore and discuss the
possibility of implementing a benefit permitting employees covered by this Agreement to
purchase an additional accrual rate for years of service and/or an early retirement incentive
program.
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.
32
28
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.
12.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.
13.Lieutenants and captainseligible 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. Upon
separation from the City of South Miami, DROP participants will have 120 days to take a
distribution of funds in their DROP account or roll all or a portion of the DROP balance
into an IRA or other qualified plan, as directed by the participant. After 120 days from the
separation date, the funds in the account will no longer accrue interest and will be subject
to market losses experienced by the Plan.
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) 100% reimbursement of the course cost for a grade of “A” or better for
undergraduate and graduate courses.
ab) 75% reimbursement of the course cost for a grade of “B” or better for
undergraduate and graduate courses;
33
29
bc) 60% 50% reimbursement of the course cost for a grade of “C” or better for
undergraduate and graduate courses;
cd) Any such reimbursement shall be made only upon submission of proof of the
grades as provided in sub-sections a and b above;
de) The credit hour cost of any courses approved shall be capped at the rate used
by local publicly funded universities and/or community colleges;
ef) 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.
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.
34
30
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 2027.
35
4A .............................................................................................MIAMI HERALD FRIDAY JANUARY 24 2025
are taken very seriously.”
On Thursday morning,
Muhammad said he was
baffled at the allegation
that a commissioner felt
threatened by the groups’
supporters making a fund-
ing push.“Our biggest
question is:What was the
threat?”he said.
Rodriguez did not re-
spond to a request for
comments Wednesday
evening.
In an interview,Ed-
monson accused Harde-
mon of political retribution
for sponsoring the last-
minute resolution to sus-
pend funding to Jones’
groups.
“It’s politics,”said Ed-
monson,who left the com-
mission in 2020 after hit-
ting the county’s term-limit
cap.“Nobody is out there
trying to bully the politi-
cians.It seems it’s the
other way around.”
The impact of Harde-
mon’s resolution might be
short-lived because it in-
structs the mayor’s admin-
istration to freeze funding
to the two charities until
the next commission meet-
ing in February.At that
meeting,the adminis-
tration is instructed to
deliver a report detailing
whether the Brotherhood
and Neighbors nonprofits
are in compliance with
existing county-grant
agreements and contracts.
“We have received
threats from these organi-
zations,”Rodriguez,the
commission chair,said
before the unanimous vote
for Hardemon’s legislation.
The funding freeze is “not
because they are exercising
their right to express their
voice.”
Douglas Hanks:
305-376-3605,
@doug_hanks
FROM PAGE 3A
CIRCLE
attend Broward Estates
will have to attend nearby
Martin Luther King Jr.
Montessori Academy or
Plantation Elementary
School.
“This process is not just
about closing schools,it’s
about creating opportuni-
ties,meeting the diverse
needs of every child and
ensuring families feel
confident in choosing
Broward County Public
Schools,”Hepburn said
during the meeting.“I
want to emphasize that
this is just the beginning.”
While meeting items on
converting certain schools
into K-8 centers were
popular,discussion on
whether to close Broward
Estates was extensive and
contentious,as several
community members and
elected officials asked the
board to reconsider.As
the meeting dragged on,
some folks criticized what
they saw as the board’s
lack of planning for what
happens next.
Lauderhill Mayor De-
nise Grant told the board
there is “a great outcry in
the city”over the closure.
“The school has histor-
ical significance and adds
to the identity of the com-
munity and the preserva-
tion of its heritage,”Grant
said.“Having a traditional
elementary school in the
neighborhood gives the
community a sense of
pride and ownership.”
Lauderhill resident
Delphia Kaigler,91,had
strong words for the
School Board.“If it sounds
like I’m angry,it’s because
I am,”she said.
“This is no new story for
me.I was before this
school board in the ’70s
and the ‘80s,trying to
save Broward Estates and
Parkway,”she said.“We
were able to keep the
doors open,but that was
it.Y’all have done nothing
for Broward Estates since
that time but given us
promises.”
Zeman was adamant in
remaining “the lone wolf”
on the board against the
superintendent’s recom-
mendations.
“I do not agree with any
one of you,”Zeman told
his colleagues,arguing
that early learning centers
are not under the school
district’s purview.
Unlike the community
members who spoke during
public comments,Zeman
insisted that the district
needed to commit to even-
tually closing 33 schools.
He argued that the money
spent on keeping low-
enrollment schools open
should go toward improv-
ing education.
“We have chosen,for
those past 23 years during
that decline in enrollment,
to kick the can,to do very
little,to not offend people
or parents or communi-
ties,even though that
offense would create a
better system,”Zeman
said.“...What’s so frus-
trating,from an oper-
ational perspective,is that
the schools with the low-
est enrollment,they’re
using the least capacity,
are costing the most per
student.”
Board Chair Debbie
Hixon said she agreed
with some of Zeman’s
points but argued that the
board members would
lose community trust if
they “rip the Band-Aid”
by closing several schools
at once.
“The majority of these
recommendations came
from the community.The
community asked for the
K-8,they asked for the
6-12,”Hixon said.“We
had a plan,but we
scrapped it because the
community made it very
clear that they weren’t
ready for all of that.”
FROM PAGE 3A
SCHOOLS
JOE CAVARETTA South Florida Sun Sentinel |Aug.12,2024
Broward County Schools Superintendent Howard
Hepburn says:‘This process is not just about closing
schools,it’s about creating opportunities.’
see any reason why we
can’t work together.”
On Monday,his first day
in the office,Osceola said
he plans to focus on push-
ing for the Everglades
restoration projects that
benefit Miami-Dade,ad-
dressing the switch to re-
newable energy and break-
ing down the county’s
massive carbon footprint.
“We want this place to
survive 50,100,200
years.We want Miami to
persist into the future,”he
said.“We have so much to
do and so little time to do
it.”
As the second chief
resilience officer in Miami-
Dade,Osceola replaces Jim
Murley,who was hired by
previous Mayor Carlos
Gimenez and stayed on
under Levine Cava.He
retired last year.
Alex Harris:305-376-5005,
@harrisalexc
FROM PAGE 3A
OSCEOLA
is next door to the Baptist
Health IcePlex,an ice rink
and Florida Panthers prac-
tice facility.The Panthers
operate the auditorium
and IcePlex under a long-
term lease agreement with
Fort Lauderdale.In 2019,
the Panthers announced
plans to revamp the audi-
torium and develop the
IcePlex to create a family
entertainment hub,which
cost about $100 million in
the end,a spokesperson
said.
Before the Etheridge
concert,the auditorium
was booked for several
private events,including
the Florida Panthers’Stan-
ley Cup ring ceremony.
“With the completion of
the revitalized War Me-
morial Auditorium,we are
extremely proud to now
operate a small-scale mul-
ti-use entertainment dis-
trict with a live entertain-
ment venue,two sheets of
ice,a retail store and full-
service restaurant and bar
in Fort Lauderdale’s larg-
est park,Holiday Park,”
said Panthers President
and CEO Matt Caldwell in
a statement.
Before the renovations,
the auditorium had “lost
its luster,”serving as a
venue for some gun shows
and flea markets,said
Florida Panthers Chief
Operating Officer Bryce
Hollweg.
The city approached the
Viola family,which owns
the Panthers,about a
private-public partnership
to restore the venue to its
former glory as an enter-
tainment hub.
While the auditorium’s
Art Deco exterior and
veteran-focused artworks
were maintained and
restored,the inside is
“unrecognizable,”Holl-
weg said.Updates include
an entirely new mezzanine
level,bringing the capac-
ity to 3,400 seats,VIP
seating and a new indust-
rial kitchen for private
catering,Hollweg said.
The auditorium fills a
niche among Broward’s
indoor music and enter-
tainment venues,offering
a medium-sized location
for bands,comedians and
artists,Hollweg said.
“We’re actually the only
team,that we know of,in
pro sports that has a train-
ing practice facility that’s
co-located with a concert
venue.This makes it extra
special for us,”Hollweg
said.“A lot of teams are
just the team that plays
games.Our organization
goes beyond that.”
The event schedule and
tickets available at https
://www.ftlwar
memorial.com/
FROM PAGE 3A
THEATER
Courtesy of Florida Panthers
Fort Lauderdale’s War Memorial Auditorium,a 1950s-era building,underwent a renovation.While the Art Deco-style
exterior was maintained,the inside is entirely updated.
Courtesy of the Florida Panthers
The interior of the War Memorial Auditorium was completely renovated to include a new
mezzanine level,VIP seating,updated technology and an industrial kitchen to cater events.
36
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CITY OF SOUTH MIAMI,FLORIDA
CITY COMMISSION MEETING
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will hold a public hearing on Tuesday,Feb¬
ruary 4,2025,at 7:00 p.m.at South Miami City Hall Commission Chambers,
6130 Sunset Drive,South Miami,FL 33143,to consider the following public hearing
item(s):
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAG¬
ER TO EXECUTE A MULTI-YEAR COLLECTIVE BARGAINING AGREEMENT WITH
THE SOUTH FLORIDA POLICE BENEVOLENT ASSOCIATION;PROVIDING FOR
CORRECTIONS;PROVIDING FOR IMPLEMENTATION,AND AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,APPROVING A MULTI-YEAR INTERLOCAL AGREE¬
MENT WITH MIAMI-DADE COUNTY TO ALLOW THE CITY OF SOUTH MIAMI TO
ENFORCE CERTAIN PROVISIONS OF THE MIAMI-DADE COUNTY CODE,PURSU¬
ANT TO CHAPTER 8CC OF THE MIAMI-DADE COUNTY CODE;PROVIDING FOR
AUTHORIZATION,IMPLEMENTATION,CORRECTIONS,SEVERABILITY AND AN
EFFECTIVE DATE.
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),by phone by calling +1-786-635-1003 and entering Meeting ID:
3056636338 when prompted,or in person in the Commission Chambers,and where their
appearance will be broadcast on the Zoom platform,and where they can participate.
All interested parties are invited to attend and will be heard.
For further information,please contact the City Clerk’s Office at:305-663-6340.
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person
decides to appeal any decision made by the Commission with respect to this matter,such per¬
son must ensure that a verbatim record of the proceedings is made,which record includes the
testimony and evidence upon which the appeal is to be based.This notice does not constitute
consent by the City for the introduction or admission of otherwise inadmissible or irrelevant
evidence,nor does it authorize challenges or appeals not otherwise allowed by law.
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,CMC,FCRM
City Clerk