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11-01-05 Item 4
To: From: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM South Miami All-AmedcaCtty r 2001 Mayor Mary Scott Russell and Date: November 1, 2005 Members of the City Commission Maria V. Davis '0 City kS '+ .. RESOLUTION Agenda Item # Re: PBA Police Lieutenants and Police Captains Collective Bargaining Agreement A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT ASSOCIATION POLICE LIEUTENANTS AND POLICE CAPTAINS AND THE CITY OF SOUTH MIAMI; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Attached is the Collective Bargaining Agreement between the Miami -Dade County Police Benevolent Association Police Lieutenants and Police Captains and the City of South Miami for fiscal years 2004 -2005, 2005 -2006 and 2006 - 2007. This Agreement was ratified by the unit on June 23, 2005 (see attached memorandum). RECOMMENDATION It is recommended that the City Commission authorize the City Manager to execute the Collective Bargaining Agreement between the Miami -Dade County Police Benevolent Association Police Lieutenants and Police Captains and the City of South Miami. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT ASSOCIATION POLICE LIEUTENANTS AND POLICE CAPTAINS AND THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami seek to provide the highest levels of law enforcement protection and services for the citizens, residents, businesses and visitors of the City of South Miami; and WHEREAS, a Collective Bargaining Agreement with the Miami -Dade County Police Benevolent Association (PBA), representing the Police Lieutenants and Police Captains of the South Miami Police Department, is an integral component of this effort; and WHEREAS, the City Administration and the PBA have successfully concluded negotiations on a new three -year contract which achieves these objectives; and WHEREAS, the PBA has ratified the proposed contract. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The Collective Bargaining Agreement for 2004 - 2007 between the Miami -Dade County Police Benevolent Association Police Lieutenants and Police Captains and the City of South Miami, which is attached and herein incorporated by reference, is approved and the City Manager is authorized to execute said contract on behalf of the City; Section 2. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. This resolution shall take effect upon approval. PASSED AND ADOPTED this day of ATTEST: CITY CLERK APPROVED: MAYOR 2005. I READ AND APPROVED AS TO FORM: COMMISSION VOTE: 2 Mayor Russell: 3 Vice Mayor Palmer: 4 Commissioner Wiscombe: 5 CITY ATTORNEY Commissioner Birts - Cooper: Commissioner Sherar: 7 8 PBA Contract 1 io/11/05 "l 12:59 FAX M ei THE VOICE OF LAW ENFORCEMENT Via facsimile (305) 3 74-50955 and Regular US MaZ James C. Croslanc� Esquire Ak-ennan Senterfitt lle_, s ftlrp-?st nw Al-Ile 2e Floor Miami� FL 33131 RE: City of South Miami Police Department R a t i f i c a t i o n of the Collective Bargaining Agreement 2004-2007 MIRTM MI-01t Please have the City Council vote on the contract as soon as practicable so that, if passes, we may begin the implementation process. Ili 1111 1 1! 1 111 !1 till I Fll Jill John Rivera, Pil - 10880 PEIA Memorial Boulevard - (Northwest 251h Street) - MiamL Florida 53172 -2108 f"2 Preamble � Article I Recognition. 3 Article 2 T,3om Discrimination 3 Article 3 Dues Check -Off A ticle 4 Association Representatives 4 Article 5 Services to the Association -w Art cle 6- 1" e l R. ewicds Article 7 internal investigation and Obligation t® the Public 5-6 Aztd ;le 2 Vehicles an, d Sea fetj Eg2j p ent 7 AEticle 9 promotions and Removal Ai de 10 Training Article 11 Gri evance aid Arbitration Procedure 7-9 Anicle 12 NoIid airs 9 Article 13 Sick Leave 10 -11 Article 14 Funeral Leave 11 Article 15 Leave of Absence 11-12 Article 16 Vaeatioia Leave 12 Article 17 Exa a -Dual Police Employment 12-1 Arficle 18 insurance Bene5ts 1 lcle 19 Ivila na gem, Eemt IR:I ght� 13-14 Article 20 Work Stoppages 14 Article 21 Awards 15 Article 22 TWIfiIEta. L eav: 15 A bile 23 , Authorized Use ®f Private Automobile 15 Article 24 Bulletin Boards 15 Article 25 Sevrerabfl%ty Clause 15 .A tticle 26 Compensatri(C n 15-16 Article 27 Prohibition Agaim, t Re- Opening of Negotiations 16 Article 28 Un fforms and Equipment 16-17 sArtEele '29 Physical Examination and 'Workers Co npensation 17m10 A..rAcle 30 eIri- rer-nemt Benefits 1,00-19 Article 31 Educational Incentive 19 Article 32 Employee Pregna ncyMaternity Leave 19 Article 33 Employee Assistance Program, 19 -20 Article 34 _ Abl e ishmi emi oA I�ferger 20 Article 35 Americans With DEsabiTl es Act 20 Article 36 Ter mna of Agreement 21 jIVM9! 697,1)2 PRE -ALT, a' ills Agreeme'nLt is entered into by he South 1V! a�^n Florida, er nr� er referred .��� � TM C1� o� � 9 � � � to as the "Employer" or the "City" and he Dade Comity Police Benevolent Assoenatiorn, Inc., hereinafter reLlerred to as tme "Association!", for the purpose Of Promoting harmonious relations between the Employer and the Association, to establish an ou deIl'fly and prompt procedure for the resolution of grievances, ;tto insure continuation of momma, activities d de ant l operations, to settle diff er�ees �zifldefl� t arise and to set fords the basic and fufll agree -meat beVWv�� 1n the parties cd3� cem- mg rates to a: vt'agC-y"�, hours of work and all other, eons ttions of employment" TIC-LE I RECOGIWTION The Employer flae��fl�y repo -hazes the Dade County Police Benevolent Association as the ®flflee$ave bargaining agent for all pennanent mill -ti me sworn police personnel of the rank of Division Commander, LPofl ce Lieutremant and police Captain, but excluding 91 other employees of the Cady of South Miami including one Chief of Police, Assistant Chef of Police, Police Major, IPoflnee Sergeant and Police Officer.* ,, R,TI ICLE 2 N01"'3m gSC]NNINA' 'I® 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 Trace, creed, color, marital status or national origin. All reference to employees in this Agreement designate bourn sees and wherever, the male gender is used it shall be construed to include male and female employees, 1. Any member of the Association, who has submitted a properfly executed dues authorization card or written statement to the City Manager or �renrc desig nee � accordance with a. format prescribed or approved by the City, may, by request in writing have their membership dues in the Association deducted from their wages. Dues shall be deducted ` each bi- weefldy pay period, and shall, thereafter, be transmitted to the Assoeiatiotin. F'Iowever, the City shall have no responsi'oiflIlt�r or y liability for any monies once sent to the Association, nor shall the City have any responsibility or any liability for the ircmpr©Per deduction of dues. Further, the Association shall hold the City ha nfless for non-intentional elirors in the admii `stration of the dues deduction system. llt s Jt �e tui res �r fl ility° or the AssociatIlon to notIluy die CIlt�y S.�f�7 a or i i� designee of any change in the amaouIlnt of dues to be deducted at least thirty (30) days in advance of said change. Under no cIlrcT nnstm ces shall the City be required) to deduct Association flines, penalties, or assessments from the vaa,�s o� �a�r �ne��fl�e�a I Any member of the Association may, on thirty (30) days wvvritten notice to the City and the Association, request the City to cease deducting dues fo;i' their wages. The PBA and the City agree t© file a Joiaat Unix Clarification Petition .vi-di PTERC for the purpose of including Division commanders ie supervisory ga g 3J�a t �aae� ga y e��asista ; �e i s: aasd dap s Ila is a rider t,30 an agree i� his ��a�ive Collective n B?A.a7CEPia"�° . f� eeu&+e fi 'WAS be subm t9.°e j y-or ratiYjiea�1iop by -tile 'upftE ployees and ffie C��; �Fin�.'fi'kes�zil�n ContingVIL UI:. 9att die succcss -fui inclusion of Division Commanders hi tae supervisory unit_ ('J2291697;l )3 1. One nner nber df the Association shall be alto wed to attend ba.r ggain�ng sessions fbr the purpose of renegotiating this Agreement without loss ®f pay, should the meeting Unke e roved in advance b the Chief of Police. dace ���� � ������ �� ®� duty, if .app � 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 parities. 2. The Associadion Representative small be allmved to process g „evarrnces witlnouft loss of pay, should such processing take place while tlhe Association Representative is on duty. 'I°here 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 tines. 3. The Association Representative small be allowed to attend the lade Count PBA Board of Directors meeting once a month without loss Of pair Or lease time, should the meeting take place while the Association representative is on duty. I . The City will faurnlsh the Association a copy of the police Departments Rules and Regulations. 2. The City will allow the Associa:don and its represenladrve& reasonable access to the City Commission Chambers for the conducting of Association business when such facility is not in normal 'use, "uuponx (5) days written request therefore to the City Manager or their designee. I The City will provide a mailbox for each employee for use by the City and the Association to distribute mail and anthem communications. The aforesaid mailboxes may be used by the Association strictly' for the purpose of transmitting materiel of an informational nature, and shall not be used for the purpose of communicating material tending to, directly ©r indirectly, disparage any elected or appointed official of the city. 4. Upon written request by the Association, the City %,vill provide, on a semi-annual basis, a complete muster of the bargaining unit, including name, rank, address, telephone. number, social secaurity number and.current pay scale. ARTICLE O_TEL RECORD 1. Employees covered by this Agi°eemnenrt small irha�e the rigirnt tai i���speet theirr 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 night to request duplicate copies anf any iterms in their official files, upon payment of the usual charge thereof. 2. Employees covered by this Agreement shall receive copies Of any disparaging items which are placed in the employee's o.Ifficiall 'person4nel file. Employees covered by this Agreement shall also have the right to add written responses to any such disparaging items winch are placed in the employee's official personnel file. All ;�v iften responses 5,all be sent t� the thief of Police pia chain of cap awl not itnore {Fv;2291697,1)4 than ten business days following the day of receipt by the employee. Written responses shall strictly parallel the disparaging item(s) of concern. ,. To the extent permitted by law, all personnel records of the employees shall be kept confidential and shall not be released to any person except: authorized officials of the City, or in response to a subpoena from a court of competent jurisdiction, or upon written authorization from the employee. In this regard, the 'PBA recognizes the City's obligation to comply with Chapter 119, Florida Statutes. 4. At no time shall the news media be directly or _indirectly furnished with the home address, telephone number or photograph of any employee or relatives without their express written consent. 5. The City shall purge all records of counseling and oral warnings from employees' personnel files after five (5) years of service without receiving further related counseling or oral warnings. Such documents shall be kept in a separate file. ARTICLE 7 INTERNAL >. EWESTIGATION AND OBLIGATION TO THE PUBLIC 1. 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 trade 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 super visory officials whose primary concern Must be the security of the City and the preservation of the public interest. 2. 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 i nvestigation 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 infbrmed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the employee under investigation shall be asked by and through one (1) interrogator at any one time. D. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are necessary. All interrogations will be held at the headquarters of the South Miami Police Department, insofar as possible. {M2291697;1)5 E. Any employee under ' investigation shall be ii ortned of the right to be represented by counsel or any other representative of their choice who shall be present at all times during such interrogations whenever the inter ogrations relate to the employee's continued fitness for law enforcement services. F. The formal interrogations of an employee, inclining all recess periods, swell be recorded, and there shall be no unrecorded questions or statements. G. If the employee under interrogation is under arrest or as likely to be placed under arrest as a result of the interrogations, he shall be completely informed of all of his rights prior to the commencement cement of the interr�rog,atlon. H. During hiterrogatbonns covered hereunder, questions shall be limited to tie elredunstanees surrounding the allegations, which are the subject of the investigation. 1. An employee under investigation may obtain, a copy of any written statement he has executed. J. The employee shall not be subjected to any offensive language, nor shill he be threatened with transfer, dismissal, or other disciplinary measures. No promise of regard shall be made as an inducement to answering questions. K. No employee may be compelled to testify before, or be questioned by any raon -goveIl mental agency unless under proper coin subpoena, L. The City agrees that no adverse action will be taken against any employee who exercises the rights provided for in this Article. M. Aun employee who is criminally charged An any jurisdiction with a felony or a serious misdemeanor including but not limited to,' DUI, lewd and lascivious con duct, indecent exposure or perjury may, upon review of the circumstances by the Chief of Police, be relieved of deity without pay or benefits. ' if exonerated, employee shall be compensated for back pay and benefits retroactive to the date the employee was relieved from duty. Any employee placed on leave without pay shall remain on the City's Employee Census bu t shall be responsible for the full cost of health insurance premiums, during the relief from duty period. N. Upon conclusion of an internal review investigation, em ployees, designated as subjects, shall be given a written disposition of said investigation. ®. Not sustained or unfounded letters of complaint Bonn citizens will not be inserted into an officer's official personnel record. P. The charge of "conduct ct uanbecoming and all similarly vague charges will not be used by the City unless further substantiated by specific changes. Q. Should disciplinary action result frorrn an internal investigation, an employee may, at the optionn of the Chief of police, be allowed to use vacation time to sa fps yT a suspension which is for fl, v e 5) d, .ys or less, hoQ vve er,;`h,e exerciisi -k of such o tllonn will waive the rig i t to otherwise appeal the dlselp lnie. {;tiU129n ,697;1)6 ARTICLES VE-E-11CLES AND SAFETY W—U-IPMENI—I The City will make a good - faith effort to maintain police vehicles and safety egaip� nt iAS�,t proper vvorki g order. Police vehicles operated by the City shill comply with the standards and requirements of applicable State Statutes goveanling motor vehicle safety equipment. Employees will as soon as possible report any broken end /®r MalI�anetio Nng equuipn 'neint to their su�pervi��r, Employees shall beep the vehicles 'clewed and fueled. It is the responsibility of officers with assigned Take -Plo ne Vehicles to promptly deliver their vehicle icle t® the IVIotor Pool when repairs are necessary fir sehed�uled prever�tati J, maintena ace. I Employees in the ranks of Division Commander, Lieutenant and Captain serve at the will and pleasure of the Chief of police. Accordingly, promotions t® and removal of eLnpl ®yees from the ranks of Division Commander, Lieutenant and Captain for non-disciplinary reasons shall reradn vii- lair�n the sole discretion, of the Chief of police. 2. In the event ®f such removal, the employee will revert to his/her last tested positi ®n and will be credited with the seniority accrued as a Commanded, Lieutenant, or Captain. ARTICLE 10 TRAIIUNG 1. 'the City -will provide each employee a copy ®f 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 School of Justice, Miami Dade College which employees are required to attend. The City agrees to provide at least forty (40) hours ®f training every four years to greet Florida statutory certification requirements. The City may pr ®vide additional training in its discretion. " I The City shall attempt to provide weapons training for all employees, but in no event will such training, be less than once 'annually. Their training is in addition to the training provided under paragraph M2. Upon quAaalif eati ®n and a demonstration of proficiency, employees shall be permitted to carry, on duty, semiautomatic weapons which have been approved by the Department and in accordance with Article 28. The City agrees to provide ammunition for firearms training. 4. The City agrees to sponsor and encourage members of thus unit to attend and participate in management level training, -upon approval of the Chief ®f Police and within the budgetary constraints of the City. I. In a mutual effort to provide a hm- ndni©uas working relationship between .one panties to this Agreement, it is agreed and understood that there shall be a procedure for the resolution. of grievances between the parties. For the purpose of their Article, a grievance is defamed as, and lanited t®, any dispute, dilerenee or controversy invo2hiring the interpretation and applieali ®n ®f this Agreement. 2. Every effort wt ill be made by the panties t® settle any gnevanee as expeditiously as possible. Should the grieving pay fail to observe the time limits as set out in `the [M229]697;1)7 Ste � n ue e their grieval, be eonnq�dered eonneranslve y aban�lo ed. Any grievance not answered by imannage ena vvitlu n the prescribed time limits shall Futomatically ally ncC to she n- e- -xt higgher step, 3. Grievances shall be presented n, the Tollovvnng Man nera STEP 1 The employee small first take up then grievance with the Chief of police within seven (7) calendar days of the oceui enee oh thhe event(s) vilhicn gage rase to the grievance, or vvnthin sever (7) calendar days a��er the employee's ree a to work frcom aa���lornzed leave, as tine ease maybe. The grievance shall be reduced to vvrnthag, and s aall be discussed by and berAreern t1he emplovCe (or the representative of the Association and the employee) and the Chk O- Police within teen (10) ,calendar days of the presentation of the grievance. The Chief of Police, small within teen (10) worldrng days after such discussion (or such longer period of time as is maatually agreed upon), render his decision in writing, with the copy to the Association; STI EP 20 In the event the employee is not satisfied witrn the disposition of the g-deva nee in Stela 1, he sham have the right to appeal. the Chief of Police's decision to the City Manager Mthin sever (7) calendar days of tine date of issuance of the Chief of Police's decision. Such appeal must be accompanied by the riling of as eory of the original -,onitten grievance together �Iitin a letter signed by c employee, or, at the era apRoyce's option, the representative of the Association, requesting that the Chiefs of Police's decision be reversed or modified. The City Manager small, within fifteen (15) viorkL` g, days of the appeal (or some longer period of time is mutually agreed upon) render a: decision in sting with a copy to the Association. 4. Where a grievance involves discharge, suspension or disciplinary demotion invoked by the City, such grievance shall be filed at Step 2 within teen (10) calendiar days frdrnn the date the employee receives the discipline notice. y. I the evert a grievance processed through the rievarnee prdoedi�ure has not beern resolved at Step 2 above, either party may request that the grievance be submitted �® arbitration within fifteen (15) calendar days der the City Manager renders a written decision on the grievance. The arbitrator may be any impartial person mutually agreed aqpon by and between the parties. However, in the event the parties are unable to agree upon said impartial arbitrator, the parties shall jointly request the American Arbitration Association to R=,;sh a panel of nine' (9) names from which each pater shall have the option of sanL-ing,four () names in alternating ifaishion, gnu's leaving the ninth, which will give a nerit al or impartial arbitrator. one pasty requaes&L'g, arbitration -w-fin strife the first name. Either parry may reject up to itmio (2y a:;rbntLatnonlL panels in any given ease. 6. The City and employee (oL the Association) shall ut wally agree in �vvrlthig as to the statement of the grievance to be aurbitrated prior to the arbitration hearing, annd th e arbitrator, thereafter, shall confine their decision to the particular grievance thus specified. in the event the parties fail to agree on the statement of use grievance to be submitted to the arbitrator, the arbitrator ` will "confine them consideration and determhaatnonn to the written statement oz. the grievance presented in Stew 2 of the gnevan ee r eedur .Tine "rnntr sot snail s ag e no atlnonity to change, arnend, add too, subtraa rro�a, or otherwise alter or supplement this Agreement or any pant thereof or IrVa?29ub97;u arnend,men t thereto. 'i"he arbitrator shall have no authority to consider or grab. upon any matter which is stated in this Agreement not to be subject to arbitration or which not a grievance defined in this Agreement; nor shall this coiieeth, bargaining agreement be eonnst'med 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. i. Each party shall bears 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 hearrr g room, if any, shall be eau fly divided between. the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both pees mutually agree to share the said cast. 8. The parties shall make their choice of the impartial arbitrator within seven (7) calendar days after receipt of the panel fiom the American Arbitration Association. Copies of the arbitrator's award made in accordance ;vith the jurisdiction and authori� r, nder this Agreem�ennt -shall be wished to both parties withL try (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on the parties. L The bellow- listed paid holidays shall be granted under the following conditions: i) January i New Year's Day 2) Yd Monday of January Martin ]Luther King's Birdaday 3) 3rd Monday of February President's Day 4) 3ga Monday of May Memorial Day 5) July 4 Independence Day 6) . 1" Monday of Serptember Labor Day 7) November I i Veteran's Day 8) Forth Thursday in November Thanksgiving Day 9) Friday after Thanksgiving, i 0) /2 day December 24 Christmas "Eve l i) December 25 Chris as Day 12) Birthday After i year continuous service, i 3) Floating Holiday Seri year continuous service 2. Where observance of these holidays may interfere with the work schedule, such observance on an alternate date may be made at the department heed's discretion, with the approval of the City Manager. If an employee is required to work on a holiday, the employee shall have the might to hake an otherwise reguflarr work day of with the approval of the Chief of Police. 3. then a holiday falls on a Sunday, the following Monday shall be observed and when it falls on a Saturday, the preceding ` Friday shall be observed. These alternate observances of holidays shill occur as long as theme is acceptable police coverage of the City. prMg11697 ;A )9 ARTICLE 13 SICK LEAVER 1. Sick leave shall be granted to employees for absence because of (e) personal illness or physical disability resulting in the incapacity of the employee to perform the regular duties of their position and not arising from a. service - connected injuary, or accident. (b) Medical, dental or opdcal treatments and examinations. (e) Personal illness or physical disability resulting in the incapacity of the employee to perform the usual duties of their position, and amisirng ftom a service -coma eoted injury or accident, but oz ly a�e� all mailable disability benefts offered under Workmen's Cornpensatiaon are e haurlsted, provided fi °their 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 Dare for that immediate farmly member.. 2. Employees shall be credited with one (1) day of sick learn 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 sidle leave shall be granted except in an emergency and upon ajpprrovai of the City Manager. 4. Current employees will be eligible to receive the sick leave payout, with the existing cap of 600 hours, for the ter of this Agreement. ; Employees who are hired on or after October 1, 1995, will not be eligible to receive any sick leave payout. 5. Effective October 1, 1995, employees will be allowed to accrue sick leave in excess of the 600 hours cap. Nevertheless, the sick leave payout will be governed by Sect, ion 4 of this Article. 6. All event employees, as of October 1, 1995, will retain current payout provision upon termination of employment, and will have no cap on sick leave accrual. All employees hired afters October 1, 1995, shall receive no sick leave payout upon termination, but will have a 66no -cap" maximum on sick leave accrual. All employees who have attair<ned a sick leave balance of a minimum of 36 days (288 hours) shall be eligible on their first anniversary date following that accumulation to convert up to 32 hours of their annual al unused sick leave balance in excess of 28$ hours to vacation leave. An employee who arses 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 vacations 7. Aim ernployee whose service itia the City is to i mated and who I s taken sick leave that is unearned at the date of termination, shall reimburse the City for all salary paid in connection with such an, e=' ed lease, except in eases where the emplo3rmernt is terminated by the death, of an employee, or in cases where and employee is usable to return to duty because of their disability, the evidence of which small be supported by an acceptable medical certificate. S. In all eases one absence ors sick leave in excess of three (3) work days and Ll eases 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 cer tifrcate signed by the physician or other licensed medics? -p ac treath g , e M2291697;1)10 employee, certifying as to the incapacity of the employee during such period to perform the usual duties of their position. Such directives shall be valid and in force for a period not to exceed four (4) months. Chief of Police may issue additional directives not to exceed four (4) months in duration, in their discretion. The issuance of all such directives may be appealed to the City Manager. Failure to furnish such a medical certificate for absences in excess of three (3) workdays, or for any absence when so directed by the Chief of Police, shall result in the absence being charged to the vacation leave of the employee and possible disciplinary action. 9. Employees hired prior to October 1, 1995, who voluntarily terminate employment from the City, shall receive payment for leave deposited in the sick leave bank in accordance with following schedule: After 5 years of continuous service 25 °/® After 10 years of continuous service 50 °/® After 15 years of continuous service 75 ®/® .After 20 years of continuous service 100 ° /® 10. The panties agree that the City may take any steps it deems appropriate to strictly administer and enforce the City sick leave policy in such a manner as to eliminate abuse of sick leave privilege. 11. In the event an employee is billed in the line of duty, or a death by natural causes, their heirs shall receive one hundred percent (100 %) of their accumulated sick leave times 12. Any sick leave donated to other City employees shall not be counted against the donating employee in terms of use or rollover of sick time to vacation time. ARTICLE 14 FUNERAL LEAS 1. Employees covered by this Agreement shall be entitled to funeral leave with pay up to a maximum of four (4) work days in the event of a death in the employee's family. Two (2) additional days of leave shall be granted if travel in excess of 250 miles one way is necessary. 2. The immediate family shall be defined as wife or husband, grandparents, parents, children, grandchildren, brothers, sisters, father -in -law, mother -in- laves, brother-in- law and sister -in -law. 3. Proof of death in the immediate family in the form of death certificate or public obituary must be provided to the City Manager or their designee before compensation is approved. 4. Funeral leave shall not be charged to sick leave or annual leave. ARTICLE 15 LEAVE OF ABSENCE 1. 'loo Pay" leave may be granted by the City Manager in his or her discretion for a period not to exceed six (6) months to enable the employee to receive professional or technical training which will improve their work upon their return to service, or because of the employee's extended illness or non-job-related disability. Maternity leave shall be treated the same as any other extended illness or non-job-related �N12291597;1} 11 disability. "No Pay" leave may be granted by the City Mai nager to an employee for a period not to exceed one (1) caflemndar month for any other purpose. 2. 66 =c Pay" leave amted to' ann ; ern, pl oyee shall n ©t �rCv' c -, d a st I �Ca�a01C3 ����Te, but entry thereof shall be made upon the leave records ®f such employee. 3. Any employee granted leave without pay f ®r six (6) months or more shall be entitled to be placed by the City only if a job position is available, it being cle -xly under, stood that if the job position last held leas been .illed or eliminated, the City will nAnal�e every o0ort to place the enypldyee in another job position ?for vvhlch said employee quallfes. If rplaced in another job position, said employee sli ll be entitled only to the wage scale f° ®r such never position. i fig® job position Ps a��ailable, the City: vvuIl� eve priority to said em p oyee° as soon as a new job position f ®r which the employee quadifles.. is available, ART ICLE 16 VACATION LE 1. The term 6 "Vacation Leave" shill be used too designate leave with pay grannted t® an employee on the following prorated basis: Years of jJ�� ed Seri ice Amount of Vacation 1) 1 t® 5 years inclusive 2 -2/5 weeks or 12 working days* 2) 6 to ;14 years inclusive 3 weeks or 15 vvorlmg days 3) 15 to 19 years inclusive 3 ®3/5 ,weeks or 18 working days 4) 20 years and over 4 -1/5 weeks or 21 working days (a) Vacation shall require approval o the Chief of ]Police ®r their 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 vacations time is earned, such time may be used up to 3® days past the employee's anniversary , date with the written approval of the City Mr. apnager. (c) Vacation lease may be taken to`;the extent that it is eared by the employee, subject to the prior approval ®f the Chief of Police, L�npon written application by the employee in advance, and at the convenience of the City, (d) Any earned and credited vacation leave t® the credit of an employee- when t .rynnirnatigng. emmpl®ynniennt with the City will be paid prorated at the employee's current rate of pay with the last paycheck- received. 2. An emnployee may request their vacation pay checks in advance of scheduled vacation pay by saubmitting a written request to the City's Payroll Depmtment at least t° ,V0 (2) weeks prior to starting their° vacation. Must be preapproved by the CityManager. I Employees will be permitted to split their vacation dues at the discreti ©rl of the Cnief ®'Policeo A RITICLE 17 EXTRA-DUTY POLICE EMPLOYMENT 1. Police < Officers authorized by the Chief of Police to perform extra -duty police employment shall charge in accordance with the Police Department's extra duty rate tabled (1,A2291697; 1) 12 �. Any emAn loyee rho liay mn�uxred Willile acting imn the scope of such en�n�loymdmnt shall be entitled to the sa'rme rights, privileges, benefits and Workers' compensation as if on d1utypprovided that such e ratmd-Ti y employment is authorized by the Chief of Police. �. the parties agree to for nnationn of a committee to promulgate recommendations for a fair and equitable system of allotting extra. duty work. The Committee shall consist of embers of the collective bargaining unit (selected by the l BA), staff a-rd management of the police department. RUCL E IS THISMI _S'C'E 1 ENEFI t� S The City .gees to pay for 0 health insuarahce toy auk emrnplOyees cd�rered ��y { �s agreement. Employees Wamnting the optional POS or lPPO 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 employee agrees to pay for 100 % of dependent covera�e for health and dental insurance. ARTICLE 19 MANAGEMENT MGHTS 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 moray of limitation, reserves the exclusive right to: A. Decide the scope of service to be performed and the method of service; B. Aire and/or otherwise determine the qualifications of employees and the criteria and standards for employment; C. Promote and/or remove employees from the ranks of Division Commander, Lieutenant and Captain for non - disciplinary reasons vAthin the sole discretion of the Chief of IPolice, D. Terminate or otherwise discipline employees for just cause; E. Promote and determine the qualifications of employees; F. Lay off and/or relieve employees fromm, duty drle to lack of work or budgetary constraints. G. Transfer employees from location to location and from time to time; He Rehire employees; 1. Determine the starti na and quitting 'time and the numbers of hours and shifts to be worked. J. Determine the allocation and content ofi ®b classifications; K. Formulate and/or amend job descriptions; L. Merge, consolidate, expand, or cu ail or discontinue temporarily or pa;mnanently, in � hi ole or pa ft, operations whenever in the solle dnsc;letnomn of the City good business judgment makes such curtailment or discontinuance advisable, Ma Contract and/or subcontract any existing or future work; N. Expand, reduce, alter, combine, assign, or cease any job; ®. Determine whether and to what extent the work required in its operation shall be performed by employees covered. Any, this Agreement; P. Control the use of equlipnoe nt and property of the City; Q. Deteilunine the num, ber; location, and operation of headquarters, annexes,' substations and divisions thereof, cTV2291597;I I 1 R. Schiedude sand �,assig —pP. the RJ ornk to the employees and w_i"S the size' an d coj-, position of *dig a oek force; S. Determine the services to be provided to the public and the mai ntenarice procedures, ,; at(ndals, nacilitieys, and equipment to be used, and to introduce new or improved services, maintenance procedures, materials, facilities and equarpmennt; T. Take whatever action �u�nay� be necessary to c� ou the nais io ��d responsibilities of the City in em, erggen y sntuatIlt ns; °^ N sia�9ms tl;�r �3 . y� ornnnu>�late, � any ienh ' , revise ' and impleri n e' ! t p(�rr�� /, c � � � _ �iPS and regulations; V. Have complete authority to exorcise those rights and powers drat are incidental to the rights and powers enumerated above including the right to make unilateral chang es. 2. The above rights of the City are not all inclusive but indicate the vie on mar or nights ,which belong to aid are inherent in the City as the employer. Any of `die rights, po- vuers, and authority the City lead prior t® entering their collective barrgain�i q ageemennt are retained by the City, except as specifically abridged, delegated, granted or modified by this Agreement. 3. If the City fails to excercise any one or more of the above fimetiens from time to tim- e, this will not be deemed a -,giraiver of the City's 's right to exercise any or all of such fU ncitio ins. . a agrees ga under � there be y work ' The ASso i t m y��r stoppage, strike, sympathy strike, safety strike, jurisdictional dispute, walkout, sit - ddvm s ay4, sick -o - t or any other concerted >tanlu re ®r refusal to perrfbnm assigned work for any reason -Whatsoever, or picketing in the fiu-t erance of any of the above- prohibited activities, nor shall any barg aiining unit personnel refus-e to cross any picket line at any location, whether the picketing is being done by the Association, do or any other employee organization or union. 2. The Association agrees that the City] shall retain the right to discharge or othe- ,Nrise discipline, some or all of the employees p ticipatirnv in or prroirnotnnng any of this activities enumerated in paragraph l abode, and the exercise of such rights by the City vvill not be subject to ;recourse under the evance /arbitratnon process. 3. It is recognized byr'the pe =ies that the activities cnnurnoytated in paragraph is 1 and 2 above are contrary to the ideals of professionalism and to the City's comn-inturmbi responsibility. Accordingly, it its understood and agreed that in the event of any violation ®f this - Article, the City sh-ail be entitled to seek and obtain legal and/or equitable relief in anuyr court O co mpetent iuurisd diGra. 4. For -flhc� pum, o se of this Article, it is agreed that the Assoeia donn'shall be responsible nor any act committed by its officers, agent, and/or representatives %,Iuch act constitutes a violation of state law or the provision herein. 'In addition to all other rights and remedies available to the City uhader sate law, in the event of a breach of the provisions herein, the City shall h)-ve th,e night td unilaterally and �6tho��utruar�4��r notice terminate their collective bargaining agreement, withdraw recog notion 16col"n the Association., and cease dues deductions. (IIJU -751 6'97;1 � 14 ARTICLE 21 A]E—ARDS 51 ,e Cnt'y vwill eldeavor to provide a fen =ad system, of awards for various -degpees of ed eer of the Month or Supervisor of the oa d � service. Employees select, Montt shill receive a�a�earal awards which are t� be posted c ®rnsp�dUouAS�y � e PO i ce Station and City Hall. Adaih®na,Ily, formal recom giffion of employee's exceptional service sl'nall be placed in personnel dies. ARTKLE 22 1\V,,HLI7ARY LEAVE, The City shill a. fide by any and all s atutozy ;fights employees Who are also members of the United States military y are entitled tai° ARTICLE 23 AUTHORIZED USE OF PATE AUTOMOBILE Any employee authorized t® use their private automobile in the perf®rn "Mi ce of their City duties will be compensated at the mileage rate prescribed. by ]Florida Statutes. Such mileage shall be computed based on the distance between the employee's regular duty station and the place ®f assignment ®r the employee' residence and the place of rorn assignment, whichever is shorter. Mileage shall not be paid. ifor er�nnn�ut�n� t® end f -die regular duty station or for court appearances or case-related conferences. ARTIlCLE 24 BULLETIN BOARDS The Cif permit shall pe the Association. to post notices of an informational nature aav d names and addresses of officers, directors, and representatives ®f the Employee Organization on a 5' x 4' bu.11leti n 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 ®r their des> gee prior to posting, Under no circumstances shall the Association tender for posting any notice training material tending t®, direc t! y or indirectly, disparage any elected or appointed official or employee of the City. An officer of the Association shall sign each notice to be posted. ARTICLE 25 SEVEFRABILITY CLAUSE Should any provision of this grreeiinernt or any part thereof, be rendered or declared invalid by reason of any e.�dsflnng or subsequently enacted state or federal legislation, or by any decree of d eon of corunpeternt jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect f ®r the duration ®f the agreement. Furthermore-, should any provision of this Agreement beco me invalid, as described ad'Ibove, the parties shall nlleet Within thirty (,m) calendar mays o-JL such �+iecisi )rCli. or flees slatiorn t® discuss suubst tufute provisions ®r ramifications of s ueh aetn ®� of this ARTICLE 26 CONTENSATION All bargaining unit we hers small receive on one percent (1%.) across the board wage increase efrEeetfve and retroactive t© October 1, 2004. All bargaining sir it riaelt be -rs shall receive a two percent (2 %) across the board wage increase effective Oetob r 1, 2005, (A42291697,1) 15 All bargaining unit members shall receive a three percent (3 %) across the hoard the wage increase effect ve and retroactive to October 1, 2006. Special Rase Pay shah remain at $40.00 per pay period for term of this contract. ARTIC E 29 PROHIBITION AGAINST REOPENING OF NFGQTL4TI0,TIqS Except as specifically provided herein, neither party hereto shall he permitted to reopen thus Agreement or any pant of this Agreement. ' T h s Agree ;�erh� eont�h�� the entire agreement of the parties on all mattes relative to vrages, hours, world -ag e ®nditndns, 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 UMFORMS AND ZQMIFh/JrENT 1. Employees covered by this A grreement shall receive ftom tine 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 shiirts, (o) Five (5) pairs of trousers; (d) One (1) hat; (e) Badge and mane tag, (f) Leather goods and accessories to include: but not be tannnted toe handcuffs and ease, cartridge ease, holster and hand held radio holder and (g) The appropriate quantity of shells, (h) One (1) jacket with zip -out lining; (i) Two (2) pairs . police low quarter eorfaiin shoes; 6) Rageaar; Ck) Upon ,employee's request, two pairs ofi from shorts shad he issued. The ,above items shall he 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 oo=an d. 2. Employees who are required to wear non-issued clothing will receive a clothing allotment of 600 dollars annually. Arne -half (1/2) of said allotment �rilll 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 l 5th of June of each year provided that the employee is employed on said day. I Unnfonned employees covered under this Agreement will receive a clothing allowance of $300 dollars mrnually. One-half (1 /2) of said allotment will he 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 daffy. Any employee who receives a clothnng/uTanform allowance f advance who terminates employment, except for relLrennnentt, will have prorated portion of that allowance deducted from the final paycheck. No final paych(=& vill be gives the tested employee until all city-owned property such as uniforms and equipment, ID, etc. has been returned to the City. (M2_191697;1 ) 16 4. Each employee shall be provided with a bullet proof vest, as needed, in the sole discretion of the City. The wearing of the vest will be at the option of employees, except in the performance of specialized duties and/or, as specifically directed by the Department. 5. Each officer (upon request) will be issued a surgical gloves and a plastic pocket resuscitation gnash for use in administering first aid. Such items shall be replaced as needed. o. 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 masters 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 - `l` G. 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 clip bolder shall be purchased (by employee) and approved by the Chief of Police: 6) The officer shall complete a training course pertaining to the new firearm. 7) The officer shall qualify with firearm. �) Firearms and magazines shall be carried with Department issue ammunition only. 9) The Department shall set forth the manufacturers and models approved for use. 8. Employees shall also be issued ASP's with holsters and shall receive appropriate training for use of such ASP's prior to issuance. 9. Uniformed personnel shall be permitted to wear, as part of their uniform, a standard knife case, the finish of which matches the leather accessories' issued by the City. The uniformed personnel shall not carry any knife on their person other than that which is contained in said case (the :blade of which shall not exceed three inches in length). ARTICLE 29 PHYSICAL EXAMINATION AND WORKE S9 COMPEXSATION BENEFITS 1. Employees will receive an electrocardiogram,, eye exam, and physical examination to ir-iclude 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. ,M2291697;1)17 it is further understood and agreed 'Chat al issues pentai��i�� `Drug and Alcohol Testing shall be governed by City ®f South Miami Drug and Alcohol Policy and VVork Rules implemented or, Mi ch 1, 2004. ARTICLE 30 RETNRE/ TAT BEN 1. Each bargaining unit enynpldyee who retires on length o� service or medical disability shall receive a one grade 'promotion and shall be issued a badge and, identification card cleanly maeked "rredred99, 2, Bargaining unit employees shall be 100% crested k he rp1h°erl-Lidnt plan when -- cc plenonli of ten (10) years continuous finil-tdirie service in the retire- nnenna pim is completed. Accordingly, effective October 1 1993, all bargaining unit employees in the retirement -plain who have, as of October 1, 1993, between tens (10) and twenty (20) years ®f continuous ours service will be 100% vested, �. Effm ive 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 sham equally the excess amount (egshouald 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®/x). 4. Effective October 1, 2001, in accordance with the new provisions of State Statute governing g {Chapter 185 Funds, the sunny of $12,498.00 will be paid from the Chapter 185 Poke Retirement ids to the South Miami Police Pension Plan each year, regardless of the grovedin, or diminution in J uature Chapter 185 funds in paAial exchange for the 25 years of service and out benefit improvement t® the pension plan. 5. The retirement plan is mandatory f ®r al enrrn lo�yees hired after October 1, 1995. 6, Final average compensation shall meal, the participant's annual compensation, as detennirned by the employer, acting in a uniform and nondTiscriminator y Ilnaii ner averaged over urhe last tree (3) year period ending on brie participant's retirement date, date ®f disability, date of termination nationn prof employment, or date of termination of the plan, whichever is applicable, 7. The normal retirement dale (the earliest date a bargaining unit employee may retire with full uunrreduced pension benefits) is the completion of 25 years of credited service or attainment of age 60 and completion of 10 years of credited service. 8. Employees covered by the Agreement shall be allowed t® apply for permission to purchase credit f ©r active duty in the U. S. military service or prior sworn law enforcement service, up to a maximum. of four (4) years in the South Ifiami Retirement System, pursuant to procedures to be promulgated by the City in consanitatioan with -die l BA. 9. Employees covered by this Agreement shall be allowed to apply for perimissien to purchase credit for immediate past City service as a'member of the bargaining unit up to a maximum. of fire (5) years in the ,South`IvZiami Retirement System pursuant to procedures to be promulgated by the City in consultation with the PEA. 'The actuarial d technical languagg e is to be prepared by a ceedfied company agreed to by the City and the PBA, and adopted by the Pension Board. Any condition or mpah -meat of health of any police oifflacer caused by tuberculosis, by-perten sionn, heart disease, or hardening, on the arte.6,es, resulting llrn total disability or death, stnalln be presumed to be (A,,V- 291697-1's 8 accidental And suffered in t1he ILne ®f d1uty unless -the coin tr :r be shown by co"r p-etern evidence. ARTICLE 31 EDUCAT10NIALL INCENTIVg", 1. " 'l"he City agrees t® bear the cost of tuition f ®r specialized educational courses to better equip the officers 4ibr the ire lo- TLTnanee of the particular job and/or positi ®n in Which they are employed. %. Every application for educational assistance shall be subject to the approval ©f the Chief f Police and the City hr "anage . Such approval must be obtained at least elm (3®) days prior to the beginning of any cou rse. 3. If any Application is approved, guidelines ff ®r reimbursement are as follows: a) 50% reimbursement of the course east for a grade of 6699 or better for undergraduate courrses, b) 50% reimbursement of the course cost for -a grade ®f "B" or better for graduate courses l Any such reimbursement shall be made only upon submission of proof of the grades as provided in sub- sections a and b above, 2. The credit hoer cost of any courses approved shall be capped at the rate used by local publicly fi,ded universities and/or community colleges. 3. Employees utilizing educational assistance must remain with the Cif for a period of at least two years following completion ®f any reimbursed course, or said money must be relpaid to the City (mount ivay be deducted from- final pay). p. An employee who becomes pregnant must notify the Chief of }Police as soon as she receives a medical . confirunation that she is pregnant. A pregnant employee is required t® finmish a letter Eron�n her physician which will state the anticipated delivery date, the amount of time the employee may continue to - vvoilk umfil the delivery and the types and limitations of duty to be performed by the pregnant employee. At the recommendation of the employee's physician, the pregnant employee may, in the discretion of the Cityq be placed on light duty stags with the approval of the Chief of Police or their designee and the City Manager. In the event that a light duty position is not available at the police station, the pregnant employee may be utilized in other City of South Miamni offices at the diserceti ®m of the City Manager. The employee's rate of pad' will remain the same. I Pregnant employees shall be granted disability leave ®n the same terms and conditions as granted for o6e r disabilities. Aunzy murggai h 'g unit employee who becomes pregnant shall be entitled l® unpaid maternity leave. Such maternity leave shall be granted for a period ©f tip to sip (61) months.. Inn the event that the pregnant employee has any accrued aim, nal leave, Biel- leave dr e®lInp time, she may use all or any part of the accrued leave at her request in lieu- of unpaid leave. ARTICLE 33 En t"'' L07=0 E CE FROG P A� le City and time rDA coneu?;r that an Eimployea Assistance u Yougram (E_j ) would be of great value in supporting orting the operations of the Police De petment and to bolstering the (1V2291697 >n) 9 v,;-eltare of the epa „ uat's la-v3 n oireement personn, nel. � lheref' e, it is afire d that hee City Managger and the PBA unit representatives w,-lll meet, as needed, to develop? an action - /�p responsive f the bargaining nit J�Ai © program 1 s and is a orclable to she City. ARTICLE `4 ABQL1S1=t NT OR MERG-l"ER, 1. Whenever the abolishment or merges of the police department is Contcr�pl�t��, . fie Association shall 4N- inf6tmed of such plans in advance and be given an oppoit'Mmit -Y to eggo�tiate concerning the imp w,' of such aIb`ollis�,�"''nerat or merger p7P��08 11- 0- tl 's 2. The abolishment or merger negotiations shall include discussion of provisions for the placement of persomel in other departments or, in the alternative, severance benefits. ICLE 35 AME RICAN WITH-DISABYLI A� 1 Toitvfths °,ndi n,,,s,' =y other provision of this Agreement, the PBA agrees t�.t the City may take whatever actions may be necessary to comply with the Americans with Disabilities Act or the Florin Chd1 Risghts .pct to provide. reasonable accommodation to lndivi rails with disabilities as required under those laws. To accomplish this, the City shall notifly the PBA of the action it intends to talke to comply with the ADA or the Florida. CR-A. If the PBA dlsagge -es with the action contemplated by the City, the PBA shall immediately request negotiations wifft, the City to resolve the issue. and to determine the p's"uaties9 rja u aal obligations to comply :with these laws. However, any contention Or claim that the City violated any provision of the Americans vith Disabilities Act or the yFlorida ("i it Ri&s Adl shall:be exclusiv(blu resolved ou h aaallabl, admim, judicial remedies, -Lid shall not be subject to the grievance proced bre herein. jm22dr697;i )20 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, 2007. Dade County Police Benevolent Association City of South Miami By: By: John Rivera, President Maria V. Davis, City Manager Dade County PBA Date: Date: ATTEST: By: By: Date: Mary Scott Russell, Mayor By: Date: Velma Palmer. Vice Mayor By: Date: Marie Birts— Cooper, Commissioner By: Date: Randy G. Wiscombe, Commissioner By: Date: Craig Z. Sherar, Commissioner ATTEST: City Clerk {M2291697;1 }21