HomeMy WebLinkAboutCity of Tamarac Resolution R-88-3361
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Temp. Reso. #5259
CITY OF TAMARAC, FLORIDA
REFOLUTION NO. R-88- 336
A RESOLUTION APPROVING A CONTRACT WITH THE
FRATERNAL ORDER OF POLICE (FOP); AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Fraternal Order of Police (FOP) and the
City have negotiated in good faith; and
WHEREAS, the City Council wishes to accept the recom-
mendation of the negotiating team to approve a contract.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the agreement between the City of
Tamarac and the Fraternal Order of Police (FOP), is hereby
approved for all members of the bargaining unit for the
period October 1, 1988 through September 30, 1989. This
Agreement is on file in the City Clerk's Department.
SECTION 2: That the Mayor, City Manager and City Clerk
are hereby authorized to execute this Agreement.
SECTION 3: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this 141- day of �� , 1988.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
RICHARD D00
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR
A13RAMOWITZ
DISTRICT 1:
C/M ROHR
DISTRICT 2:
VIM STELZER
DISTRICT 3:
C/M HOFFMAN µ.-.-
DISTRICT 4,
C/M BENDER-F
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AGREEMENT
BETWEEN THE
CITY OF TAMARAC
AND THE
FLORIDA STATE LODGE
FRATERNAL ORDER OF POLICE
OCTOBER 1, 1988 THROUGH SEPTEMBER 30, 1989
TABLE OF CONTENTS
ARTICLE NUMBER
PAGE NUMBER
DESCRIPTION
TABLE OF CONTENTS
1
1
PREAMBLE
2
2
RECOGNITION
3
3
NON-DISCRIMINATION
4
4 &
5
DEFINITIONS
5
6,
7 & 8
MANAGEMENT RIGHTS
6
9,
10, 11 & 12
LAW ENFORCEMENT
OFFICERS RIGHTS WHILE
UNDER INVESTIGATION
7
13,
14, 15 & 16
GRIEVANCE PROCEDURE
8
17
& 18
ARBITRATION
9
19
& 20
WAGES
10
21
& 22
LONGEVITY PAY
11
23
& 24
WORK WEEK AND OVERTIME
12
25
OFF -DUTY DETAIL
13
26
& 27
UNIFORM ALLOWANCE
• 14
15
28
29
SENIORITY
& 30
BENEFIT OPTIONS
16
31
& 32
HOLIDAYS
17
33
VACATION
18
34
& 35
SICK LEAVE
19
36
PERSONAL LEAVE
20
37
& 38
PREGNANCY LEAVE
21
39,
40 & 41
TIME POOL BANK
22
42
& 43
LINE OF DUTY INJURIES
23
44
& 45
SUBSTANCE ABUSE
24
46
& 47
PROBATIONARY EMPLOYEE
25
48
BEREAVEMENT LEAVE
26
49
& 50
PROMOTIONAL EXAMS
27
51
& 52
EDUCATION
28
53
F.O.P. REPRESENTATION
29
54
F.O.P. SECURITY
30
55
F.O.P. BUSINESS
31
56,
57 & 58
LEAVES OF ABSENCE
32
59
& 60
SAFETY AND HEALTH
33
61
TERMINATION OF BENEFITS
34
62
& 63
PROHIBITION OF STRIKES
35
64
PERMANENT SHIFTS
36
65
MANPOWER UTILIZATION
37
66
BULLETIN BOARDS
38
39
67
CIVIL SUITS
68,
69
MEDICAL COVERAGE
PROGRAM
40
70
SAVINGS CLAUSE
41
71
TOTAL AGREEMENT
42
72
& 73
DURATION OF CONTRACT
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ARTICLE 1
PREAMBLE
1.1 This Contract is entered into by Tamarac, Florida,
hereinafter referred to as the "City" and the Florida State
Lodge Fraternal Order of Police, hereinafter referred to
as the F.Q.P. It is the purpose of this Contract to promote
harmonious relations between the City and its employees, to
establish an orderly and peaceful procedure in the settlement
of differences which might arise and to provide for joint
collective bargaining in the determination of wages, hours
and other conditions of employment of employees covered by
this Contract.
01
RECOGNITTON
2.1 The City recognizes the Florida State Lodge ,
Fraternal Order of Police as the sole and exclusive
collective bargaining agent for all full-time, sworn
employees within the ranks of police officer, police
corporals and police sergeant in accordance with Public
Employees Relations Commission Certification Number 358.
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R _ F8 336
ARTICLE 3
NON-DISCRIMINATION
3.1 The City shall not discriminate against any employee
covered by this Contract because of membership in or
legitimate activity as required in the Contract on behalf of
the members of the FOP.
3.2 The Fop shall not discriminate with regard to
representation of its members or with regard to terms and
conditions of membership and all provisions of this Contract
because of race, religion, color, creed, sex, age, national
origin or handicap, and shall include but not be limited to
• sickness.
3.3 For the sake of convenience, the use of the male
gender herein, is intended to apply to both male and female
employees
11
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R- f 8- 3.36
ARTICLE 4
DEFINITIONS
The following words shall have the meaning herein given them:
AUTHORIZED LEAVE:
Any approved leave of absence, including vacation, sick,
personal or injured on duty
BARGAINING UNIT:
Fraternal Order of Police -- Lodge #97
CALENDAR WEEK:
A consecutive period of seven days, the first day of which is
Monday at 12:01 A.M.
CHIEF:
Chief of Police of Tamarac Police Department
• CITY:
City of Tamarac
DEPARTMENT:
Tamarac Police Department
DETECTIVE:
Non -uniformed Police Officer laterally assigned to
investigative duties
EMPLOYEE:
The use of the words employee or employees in this Contract
shall be construed as meaning Bargaining Unit members,
uniformed and non -uniformed Police Officers, Corporals and
Sergeants
F.O.P.:
Florida State Lodge Fraternal Order of Police recognized
Bargaining agent for members of the Department
FULL-TIME EMPLOYEE:
An employee scheduled to work a minimum of forty (40) hours per
week
MANAGER:
City Manager of the City of Tamarac
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DEFINITIONS
ARTICLE 4
PAGE 2
NORMAL WORK DAY:
Eight (8) hours within one 24-hour period
NORMAL WORK WEEK:
Forty (40) hours within a calendar work week (Monday -_Sunday)
OVERTIME RATE:
Overtime rate of pay is one and one-half (1-1/2) times the base
pay rate at the hourly pay rate for the employee's proper grade
and step
PART-TIME EMPLOYEE:
An employee holding a position on an hourly basis, working less
than a minimum of forty (40) hours per week and not entitled to
City benefits
PERMANENT POSITION:
Any Police Officer, Corporal , or Sergeant position vacant or
filled which is designated by the City budget
PERMANENT STATUS:
An employee classified in a position designated by the City
budget who has satisfactorily completed a probationary period
POLICE OFFICER:
An Officer who has satisfied the requirements of the State of
Florida Criminal Justice Standards and has arrest powers
PROBATIONARY EMPLOYEE: (new hire):
An employee who is serving his probationary period prior to
being regularly appointed to a permanent status. Probationary
employees have all rights as other barRaining unit employees
except -the right to rieve and arbitrate a dismissal.
PROBATIONARY EMPLOYEE: (promotion):
An employee who is serving his probationary period prior to
attaining permanent status in a higher classification.
Probationar em to ees have all rights as other bargaining unit
emplyees except the right to grieve and arbitrate a demotion.
PROBATIONARY PERIOD: (new hire):
A period of time not less than twelve (12) months from date of
certification whereby the employee's performance is carefully
evaluated in order to attain permanent status
40
L.
TIME AND ONE-HALF RATE:
Time and one-half rate is one and a half times the base pay
rate at the hourly rate for the employee's proper grade and
step.
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R-96-336
MANAGEMENT RIGHTS
5.1 The F.O.P. recognizes the right of the City to operate,
manage and direct all affairs of the Police Department and the City
including the exclusive right:
A. To manage and direct all employees of the City and the
Police Depaxtment.
B. To hire, re -hire, promote, transfer, schedule, assign
and retain employees in positions with the City. No
transfer, reassignment Dz change in schedule will be
for punitive purposes_
C. To suspend, demote, discharge, lay off or take other
disciplinary action against employees for just cause.
D. To maintain the efficiency of the operations of the
City and the Police Department.
E. To determine the structure and organization of City
government including the right to supervise, sub-
contract, expand, consolidate or merge any department
and to alter, combine or reduce any division thereof.
R
R- 85-,33�
MANAGEMENT RIGHTS
ARTICLE 5
PAGE 2
F. To determine the number of all employees who shall be
employed by the City, the job make --up, activities,
assignments and the number of hours and shifts to be
worked per week including starting and quitting time of
all employees.
G. To determine the number, types and grades of positions
or employees assigned to an organizational unit,
department or project, and the right to alter, combine,
reduce, expand or cease any position.
H. To determine internal security practices subject to
observance of all constitutional statutory,and
contractual rights .
5.2 It is understood by the parties that every incidental duty
connected with operations enumerated in job descriptions is not
always specifically described and employees, at the discretion of the
City, may be required to perform duties not within their job descrip-
tion, but within the realm of related duties within their department.
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MANAGEMENT RIGHTS
ARTICLE 5
PAGE 3
5.3 The City shall formulate all departmental policies and
procedures including rules and regulations which will serve as a
guide for the conduct, responsibilities and duties of all employees
covered by this Contract. The use, location, operation and personnel
policies including care and maintenance of any equipment or property
of the City used by the Police Department shall be subject to the
exclusive direction and control by the City.
5.4 The FOP shall have the —right to -bargain over the
impact •f
managerial decisions that impact on wa es hours and workin
conditions exce t as agreed or waived in this contract or waived as
demonstrated by the actions orinactionsof the FOP.
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P-99 336
ARTICLE 6
LAW ENFORCEMENT OFFICERS RIGHTS WHILE UNDER INVESTIGATION
6.1 BILL OF RIGHTS : The City acknowledges that it shall
comply with the provisions of the Law Enforcement Officials Bill
of Rights, Sections 112.531, et seq..
Whenever a law enforcement officer is under investigation and
subject to interrogation by members of his agency for any reason
which could lead to disciplinary action, demotion, or dismissal,
such interrogation shall be conducted under the following
conditions:
(a) The interrogation shall be conducted at a reasonable
hour, preferably at a time when the law enforcement officer is on
duty, unless the seriousness of the investigation is of such a
degree that immediate action is required.
(b) The interrogation shall take place either at the office
of the command of the investigating officer or at the office of
the local precinct, or police unit in which the incident allegedly
occurred, as designated by the investigating officer or agency.
(c) The law enforcement officer 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
officer under interrogation shall be asked by and through one
interrogator at any one time.
R- ssri.33 (
ARTICLE 6
LAW ENFORCEMENT OFFICERS RIGHTS
WHILE UNDER INVESTIGATION
PAGE 2
(d) The law enforcement officer under investigation shall be
informed of the nature of the investigation prior to any interro-
gation, and he shall be informed of the name of all complainants.
(e) Interrogating sessions shall be for reasonable periods
and shall be timed to allow for such personal necessities and rest
periods as are reasonably necessary.
(f) The law enforcement officer under interrogation shall
not be subjected to offensive language or be threatened with
transfer, dismissal, or disciplinary action, No promise or reward
shall be made as an inducement to answer any questions.
(g) The formal interrogation of a law enforcement officer,
including all recess periods, shall be recorded, and there shall
be no unrecorded questions or statements.
(h) If the law enforcement officer 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 his
rights prior to the commencement of the interrogation.
(i) At the request of any law enforcement officer under
investigation, he shall have the right to be represented by
counsel or any other representative of his choice, who shall be
present at all times during such interrogation whenever the
interrogation relates to the officer's continued fitness for law
enforcement service or correctional service.
10
ARTICLE 6
LAW ENFORCEMENT OFFICERS RIGHTS
WHILE UNDER INVESTIGATION
PAGE 3
6.2 CIVIL SUITS BROUGHT BY LAW ENFORCEMENT OFFICERS : Every
law enforcement officer shall have the right to bring civil suit
against any person, group of persons, or organization or corpora-
tion, or the head of such organization or corporation, for
either pecuniary or otherwise, suffered during the performance of
the officer's official duties or for abridgment of the officer's
civil rights arising out of the officer's performance of official
duties.
6.3 NOTICE OF DISCIPLINARY ACTION : No dismissal, demotion,
transfer, reassignment, or other personnel action which might
result in loss of pay or benefits or which might otherwise be
considered a punitive measure shall be taken against any law
enforcement officer unless such law enforcement officer is
notified of the action and the reason or reasons therefor prior to
the effective date of such action.
6.4 RETALIATION FOR EXERCISING RIGHTS : No law enforcement
officer shall be discharged; disciplined, demoted; denied promo-
tion, transfer, or reassignment; or otherwise discriminated
against in regard to his employment, or be threatened with any
such treatment by reason of his exercise of the rights granted by
• this part.
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ARTICLE 6
LAW ENFORCEMENT OFFICERS RIGHTS
WHILE UNDER INVESTIGATION
PAGE 4
6.5 If a Law Enforcement Officer is._ordered to prepare a
written memorandum in connection with an administrative investiga-
tion of that person that could lead to disci linar action demo-
tion or dismissal, the individual shall be given 46„hours in, which
to complycoMply unless there is a enuine olice emer enc .
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R- Ff 336
ARTICLE 7
GRIEVANCE PROCEDURE
7.1 In a mutual effort to provide a harmonious working rela-
tionship between the parties to this contract, it is further agreed
and understood by the parties that there shall be a procedure for
the resolution of grievances involving the application or interpre-
tation of this Contract and grievances involving discharge, suspen-
sion, demotion, or any other adverse personnel action against an
employee covered by this Contract.
7.2 Every effort shall be made by the parties to settle any
grievance as expeditiously as possible. Failure to observe the
prescribed time limits by either party shall amount to an
abandonment of its position and a resolution of the grievance in
favor of the other party. Any decision not appealed or any
grievance settled, other than one settled through binding
arbitration shall not constitute a procedure for interpretation of
this Contract nor shall it be used as a basis for future decisions.
7.3 Grievances shall be presented in the following manner and
every effort shall be made by the parties to secure the prompt
disposition of such grievances.
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'R- 9 9- 33.6
ARTICLE 7
GRIEVANCE PROCEDURE
PAGE 2
Ste2_1 . The employee shall first take up his grievance with
his shift or Division Lieutenant Such grievance shall be
to such Lieutenant , in writing, within ten (10) calendar days of
the occurence. The Lieutenant shall, within ten (10) calendar
days after presentation of the grievance (or such longer period of
time as is mutually agreed upon), render his decision on the
grievance in writing.
Step 2 . Any grievance which cannot be satisfactorily settled
with the Lieutenant shall next be taken up with the Chief or his
designee , either through the Representative of the FOP or by the
employee himself at the employee's option. The grievance, as
specified in Step 1. shall be discussed by and between the employee
(or Representative of FOP) and the Chief or his. -designee within
five (5) calendar days after the completion of Step 1. (or such
longer period of time as has been mutually agreed upon) The Chief
shall, within ten (10) calendar days after this discussion (or such
longer period of time as has been mutually agreed upon) render his
decision in writing with a copy to the FOP.
Step�3. In the event an employee is not satisfied with the
disposition of the grievance in Step 2. he shall have the right to
appeal the Chief's decision to the Manager or designee within five
(5) calendar days of the date of issuance of the Chief's decision.
Such appeal must be accomplished by the filing of a copy of the
original written grievance together with a letter signed by the
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ARTICLE 7
GRIEVANCE PROCEDURE
PAGE 3
employee, or at the employee's option, the Representative of the FOP
requesting that the Chief's decision be reversed. The Manager or
designee shall within ten (10) calendar days of the filing of the
appeal (or some longer period of time as is mutually agreed upon)
render his decision in writing with a copy to the FOP.
7.4 When a grievance is general in nature in that it applies
to a number of employees rather than a single employee or if the
grievance is directly between the FOP and the Department or the
City, such grievance may be presented in writing directly to the
Chief within the time limits provided for submission of a grievance
in Step 1. The grievance shall be signed by the aggrieved employees
or the Representative of the FOP. Thereafter, the grievance shall
be processed in accordance with the procedure in Step 3.
7.5 The parties desire to give this Collective Bargaining
Contract the maximum force and effect and do hereby agree that this
Grievance Procedure shall be the sole and exclusive method of
resolving any dispute concerning interpretation of any provision of
this Contract. In the event the Grievance Procedure is utilized to
pursue a grievance over discharge, suspension or demotion, the
Arbitration procedure set forth in the Arbitration Article shall
also apply if invoked.
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ARTICLE 7
GRIEVANCE PROCEDURE
PAGE 4
7.6 The parties recognize that situations may arise wherein
disciplinary or'other adverse personnel action against employees is
taken directly by the Manager or designee. When this occurs, the
employee shall immediately avail himself to the Arbitration
provisions set forth in Article 8 .
7.7'The FOP shall not be required to process the grievance of
a non-member.
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7.8 Any grievance based on discharge, suspension or demotion
shall begin at SLt2 3 of the Grievance Procedure. 0
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R- 94r---3,36
ARTICLE 8
ARBITRATION
8.1 In the event a grievance processed through the Grievance
Procedure set forth in Article 7 has not been resolved, the grievant
may submit the grievance to an Arbitrator within fifteen (15) days after
the Manager or designee renders a written decision on the grievance.
The Arbitrator shall be one (1) impartial person selected by the parties
to the Contract. In the event the parties are unable to agree upon said
impartial person within ten (10) days, the parties shall jointly request
the Federal Mediation and Conciliation Service or American Arbitration
Association to furnish a panel of seven (7) names from which each party
VI have the option of alternately striking names thus leaving the
seventh (7th) which will give a neutral or impartial Arbitrator.
8.2 The City and the employee (or the FOP) shall mutually agree in
writing as to the statement of the grievance to be arbitrated prior to
the arbitration hearing and the Arbitrator, therefore, shall confine its
decision to the particular grievance thus specified. In the event the
parties fail to agree upon the statement of the grievance to be submit
ted to the Arbitrator, the Arbitrator shall confine his consideration
and determination to the written statement of the grievance presented in
Step 1 of the Grievance Procedure.
8.3 The parties shall make their choice of the impartial Arbitrator
within five (5) days after the receipt of the panel from the Federal
Mediation and Counciliation Service or the American Arbitration
A46ciation. Copies of the Arbitrator's award made in accordance with
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ARTICLE 8
ARBITRATION
PAGE 2
W-gy--336
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the jurisdiction and authority under this Contract shall be furnished to
both parties within thirty (30) days of the closing of the Arbitration
hearing. The Arbitrator's award shall be final and binding. The
Arbitrator shall have no authority to change, amend, add to, subtract
from or otherwise alter or supplement this Contract or any part thereof
or amendment thereto.
8.4 Each party shall bear the expense of its own witnesses and of
its representatives. The impartial Arbitrator's fee and related
expenses and expense 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 cost.
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R=ffy- 336
ARTICLE 9
• WAGES
9.1 During the term of this contract, the member's
annual salary shall be as follows:
EMPLOYEE I.D. #
ANNUAL SALARY
13085
32,710.61
1586
26,911.04
500
32,710.61
1712
25,629.55
30242
38,557.65
13763
38,557.65
63123
22,910.37
13883
32,710.61
202
32,710.61
714
25,629.55
1665
26,911.09
14720
32,710.61
51.87
25,629.55
15434
38,557.65
15629
32,710.61
16042
32,710.61
1653
26,911.09
2322
29,669.48
5138
25,629.55
234
22,910.37
16648
38,557.65
2339
29,669.48
973
25, 629.55
1992
26,911.09
62
26,911.09
18244
38,557.65
18566
34,019.02
18720
32,710.61
18888
38.557.65
348
22,910.37
19129
32,710.61
19181
32,710.61
19201
32,710.61
19845
32,710.61
2120
31,152:95
1559
28,256.64
20488
38,557.65
20642
32,710.61
20806
32,710.61
1149
32,710.61
11
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ARTICLE 9
WAGES
PAGE 2
EMPLOYEE I.D. # ANNUAL SALARY
21938
32,710.61
1734
25,629.55
2726
29,669.48
21445
32,710.61
746
25,629.55
2062
29,669.48
5126
25,629.55
1808
22,910.37
32033
22,910.37
30406
32,710,61
23630
38,557.65
24539
38,557.65
1616
26,911.09
318
26,911.09
25832
32,710.61
26560
34,019.02
26793
32,710.61
106
32,710.61
26882
32,710.61
86
29,669.48
747
25,629.55
517
32,710.61
1675
25,629.55
5180
25,629.55
'- FF-336
9.2 Any em to ee who will co
m fete his/her Drobation durin
the term of this contract will be com ensate at an annual salar
Of 25 629.55. upon completion of said probation.
9.3 An employe e who will com fete five years of service
durin the term of this contract will be compensated at the to
salary fora Police officer, whiich is t32 710.61 u on co letion
of said five years of service
9.4 Employees in the detective traffic canine Juvenile,
and tactical divisions and field training officers shall be
entitled to a 2% ass* nment Vay. This 2ay hall be added to the
sale line of the employee during an suc assignments.
Assignments, re -assignments, or removal to or from divisions are
a management right which may be made at,any time without cause.
In addition, field training officers shall receive 500.00 per
year as reviousl al
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R- 33b
• ARTICLE 10
LONGEVITY PAY
10.1 Lon evit shall be Paid on the following basis:
5 throu h 9 years.- 2 1/2% of annual salary
10 throu h 14 years - 5% of annual salar
15 ears and over -- 7 1/2% of annual salary
Longevity-_2ayment set forth above shall be aid as follows:
A. For the period
October -December 1988 - in the first pay period of
Dece er 1988
B. For _the period
Januar -September 1989 - in the firstpay eriod of
December 1989
10.3 Lon evity pA.Ment made in the first pay period of December 1988
shall be based as follows:
A. For the period October 1987 - September 1988 at the rate
set forth in Article 10 of the recedin contract, acopy of which is
attached hereto as an Exhibit.
B. For the eriod October 1988 - December 1988 at the rate set
forth in Paragraph 10.1 of this Agreement.
10.4 Annual salary as used herein shall mean the employee's base
Oary, excluding any benefit payment or extra compensation received.
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10.5 Except in the event such a permanent full-time employee is or has
been suspended or laid off or is on an authorized leave of absence after
having qualified for longevity pay, such employee shall receive a pro -rasa
cash payment based -on a computation of those months which the employee was
actually present for duty during the year for which payment is to be made.
22
N- 9g-33b
ARTICLE 11
WORK WEEK AND OVERTIME
11.1 Eight (8) hours shall constitute a normal work day for employees
covered by this Contract. Nothing herein shall guarantee any employee
payment for an eight (8) hour work day unless the employee actually works
eight (8) hours, or his actual hours worked and his authorized compensated
leave totals eight (8) hours.
11.2 Hours worked in excess of the normal work week shall be
compensated in accordance with the Fair Labor Standards Act (FLSA).
11.3 It is the intention of the parties to this Contract that overtime
will not be paid unless the employee has worked or his compensated leave
totals forty (40) hours during the work week in which the overtime was
Oned.
11.4 An em to ee can accrue a maximum of 80 hours of earned_compensa-
tory time which will not be paid in cash unless the em to ee chooses to
take cash. No em to ee may carry over more than 40 hours of earned
compensator time from one fiscal year to the next.
11.5 If an employee covered by this Contract is called out to work at
a time outside his normal working hours, he shall receive a minimum of
three (3) hours pay at the basic rate of pay. Any hours worked in excess
of forty (40) hours will be paid as overtime.
11.6 Call -out rates shall apply to each successive incident whereupon
an employee is called to duty outside his normal working hours. A
successive incident for the purposes of this paragraph is defined as a
call -out incident beyond the three (3) hour limit on the first incident.
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ARTICLE 11
WORK WEEK AND OVERTIME
PAGE 2
11.7 The provisions of paragraph 5 of this Article shall also apply
to the following required off -duty appearances:
(a) Required off -duty appearances as a subpoenaed witness in the
Federal Court, Circuit Court, County Court or at depositions
or statement sessions where such proceedings involve pending
criminal cases.
(b) Where a witness or subpoena fee is received by an employee for
an off --duty appearance and said employee is entitled to call
out pay, said fee or its equivalent shall be presented to and
become the property of the City.
11.8 No supervisory official shall take action to cause non-payment of
straight time or time and one-half in circumstances wherein an employee
covered by this Contract has performed work which entitled him to payment
of straight time or time and one-half.
11.9 Employees working out -of -title as acting supervisors will be paid
supervisors pay -scale on an hour to hour basis.
11.10 Employees who are subpoenaed by the State's Attorney's Office to
testify in pending criminal cases at a time which is outside the
employee's normal working hours will receive two hours of pay at the
employee's regular rate of pay if not called to testify during that day.
The subpoena must be presented to the Chief or his designee in order to
receive payment.
24
11
I
•
ARTICLE 12
OFF -DUTY DETAIL
R_ 94 5- - 336
12.1 Any bargaining unit employee who works an off -duty detail
after Januar 1 1989 will be paid at the rate of sixteen dollars
($16.00) per hour during the term of this Contract.
12.2 A probationary employee will be eligible to participate in
off -duty details after they have completed their field training
program.
12.3 Any off -duty detail shall be a minimum.of three (3) hours and
the employee member will be paid no less than for a three (3) hour
tail.
12.4 The City will collect from the detail employer a sum suffic-
ient to pay the em to ee as set forth in 12.1 and an additional sum
to compensate the City for its administrative costs.
12.5 The City will disperse to the employee on his regular pay
day, a net sum of money, which will reflect the detail work during
that pay period. The net amount will be amount after all deductions
for Federal Withholding taxes and Federal Social Security taxes.
12.6 Any employee working an off -duty detail will be considered to
be working a tour of duty for the purposes of the Line--of-Duty Injury
Article and the Civil Suit Article.
12.7 Working the off -duty details will be voluntary and at the
sole discretion of the employee,
12.8 Off -duty details will be administered by the City in a fair
and equitable manner.
25
ARTICLE 13
UNIFORM ALLOWANCE
13.1 Each employee of the FOP shall after being with the City for one
(1) year, shall receive a maximum of $350.00 annually for UNIFORM
ALLOWANCE. In addition, each member of the FOP working in plainclothes
assignments, shall receive an additional $200.00 per year. UNIFORM
ALLOWANCE will be paid on a quarterly basis.
13.2 All new employees shall receive from the City at no cost to the
employee, a new uniform upon his appointment. The uniform shall consist
0:
Five (5) shirts;
Five (5) pairs of trousers;
One (1) hat and cap
One (1) winter jacket;
One (1) reflectorized raincoat and vest
One (1) pair of reflectorized gloves;
One (1) hat badge;
One (1) shirt badge;
One (1) whistle;
One (1) name tag;
One (1) tie;
Leather goods and accessories to include hand -cuffs and case,
cartridge case, holster and cartridges for his weapon
Bulletproof vest, battery -charged ma li ht, baton and air of
Pull -over rainboots.
13.3 Employees who are assigned to units which require special
equipment or uniforms shall be issued such equipment or uniforms by the
City upon his transfer.
26
ARTICLE 13
UNIFORM ALLOWANCE
PAGE 2
0
13.4 Any employee who shall receive any breakage or damage to his
uniform or personal equipment in the line of duty, during an off-dut
detail, an off -duty arrest, or an off-dut olive action , shall have it
replaced at no cost to the employee.
13.5 In the event of a mandated change in weapons -or any other equip-
ment, the Cit shall issue that new a ui ment in addition to the uniform
allowance provided in this Article.
0
27
1]
ARTICLE 14
SENIORITY
14.1 -- .,- ..
enY_or�_ Definition: Seniority, as used herein isdefined_ as
the right -accruing to the em to ees based on length of service which
entitles them to certain considerations and preferences as 2rovided for
in this Agreement.
14.2 De artmental Seniority: Each employee will have seniority
standing _equal to the employee's total, continuous,_ full., -time service
;'th theCit of Tamarac Police Department dating back to the em to ee's
most recent date of permanent -employment as a police officer.
14.3 Lay-offs of permanent employees shall be based on inverse
departmental seniority, with the last hired being the first laid off.
Reinstatement of laid -off employees shall be done before new employees
are hired, with the last laid off to be the first rehired An employee
being recalled shall be notified by certified mail (return receipt) and
shall have twenty --one (21) calendar days from the date of first
notification by the Post Office to respond affirmatively . If the City
fails to receive an affirmative response, the employee shall be removed
from the recall list and the City shall have no further obligation to
the employee. The__City_shall_also post notice to the employee in the
P-call room
0
ARTICLE 15
BENEFIT OPTIONS
15.1 On October 1, 1988, all full-time, permanent employees in the
F.O.P. will be entitled to one -thousand ($1,000) dollars benefit
option payable in 12 monthly installments.
15.2 Full-time employees who are on probation as of October 1st
and who complete their probationary period prior to April 1st shall
be entitled to a pro -rats benefit payable in six (6) monthly install-
ments effective April 1st. Full-time employees who are on probation
as of April 1st and who have completed their probationary period prior
October 1st shall be entitled to one -thousand ($1,000) dollars in
benefit options credited in twelve (12) monthly installments effective
October 1st.
15.3 Benefit option dollars not utilized during the contract year
will be paid to the employee in the last pay period of the fiscal year
to a maximum of five (5%) percent.
0
29
T�- SS-33,16
ARTICLE 15
BENEFIT OPTIONS
PAGE 2
15.4 Benefit options may be selected on an annual basis from the
following list:
DEPENDENT HEALTH INSURANCE
DENTAL (INDIVIDUAL OR DEPENDENT)
DEFERRED COMPENSATION (Aetna, Equitable, I.C.M.A.)
DAY-CARE NURSERY
LONG-TERM DISABILITY
EDUCATIONAL ALLOWANCE
TERM LIFE INSURANCE
WELLNESS PROGRAM
BLOOD SHIELD
15.5 If an employee terminates, is terminated, or
balance of fiscal year benefit options are forfeited.
30
retires, the
•
0
TR- S'9- 33, b
ARTICLE 16
HOLIDAYS
16.1 The City recognizes the following as paid holidays for employees;
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
If Christmas and New Year's Day fall on a Tuesday, Wednesday,
Thursday or Friday, one --half (1/2) day holiday shall be observed the day
before the actual holiday.
Should a holiday fall on a Saturday, the preceding Friday shall be
.served. If the holiday falls on a Sunday, the following Monday shall be
observed.
ELIGIBILITY To be eligible for a paid holiday, an employee must be in pay
status the day preceding and following the holiday. Pay status shall be
defined as physically being at work, or on an authorized leave not
including leave without pay.
An employee who is absent from work the day before or after a
holiday without prior approval due to an illness, must submit a physician's
statement or a statement of authorization from the department head to be
compensated for said holiday.
If a holiday occurs during an employee's vacation, there shall be
no charge from annual leave for said holiday.
31
ARTICLE 16
HOLIDAYS
PAGE 2
C� J
COMPENSATION FOR WORK; If a normal workday falls on a holiday and an
employee is required to work, the employee shall have the option of:
Pay at double time for the day, or
Pay at straight time for the day and accrual of eight (8) hours under
holiday leave for future use. If this option is used, a maximum of
forty (40) hours may be accumulated.
16.2 If the City of Tamarac elects to give an additional holiday
to any other bargaining groups or non -union employees, the F.O.P. will
also receive said holiday as provided in Section 16.1.
9
CJ
32
R- SS336
ARTICLE 17
17.1 Employees covered by this Contract shall accrue paid vacation time
as follows:
SERVICE VACATION
0 through 5 Years
12
paid
days
per
year
(96
hours)
After completion of 5 Yrs thru 10 yrs
15
paid
days
per
year
(120
hours)
After completion of 10 Yrs thru 15 yrs
18
paid
days
per
year
(144
hours)
After completion of 15 Years
21
paid
days
per
year
(168
hours)
For example, an employee with seven (7) years of continuous service shall
earn leave at the rate of twelve (12) days per year for the first five (5)
years and at fifteen (15) days per year for years six (6) and seven (7).
nation leave may be accumulated but not to exceed thirty (30) days at any
time during an employee's tenure of employment. It shall be the unit members
responsibility to take his vacation leave and accrual shall be frozen when a
unit member's accrual reaches thirty (30) days. However, this may be
extended by no more than one (1) month should the Chief be unable to approve
said vacation leave due to scheduling conflicts.
An employee who is separated from the service (resignation, death, retirement
or discharge) shall be compensated for all accrued and unused vacation time
at his regular (straight time) rate of pay at the time of separation,
provided he has been employed for at least six (6) months at the time of
separation and after review and recommendation by his supervisor has been
approved for benefits by the Manager.
0
33
7?19Y-33� 1
ARTICLE 18
• SICK LEAVE
18.1 Sick leave time will be earned at the rate of eight (8) hours
for each month of service. There will be a cap of 60 days or 480 hours on
all SICK LEAVE.
18.2 SICK LEAVE shall be granted for the following reasons:
A. Personal illness or physical incapacity to such an extent as
to be rendered thereby unable to perform the duties of his
position
B. Attendance upon members of the family within the household of
• the employee whose illness requires the care of such employee.
C. Enforced quarantine when established by the Department of
Health or other competent authority for the period of such
quarantine.
18.3 An employee who is absent from work due to an illness or dis-
ability in excess of two (2) days may be required by the department head to
submit a physicians statement of physical condition. In any event, any
employee who is absent from work due to an illness or disability for five
(5) consecutive days, or longer, must submit a physicians statement of
physical condition.
0
34
R-9Wr336
ARTICLE 18
SICK LEAVE
PAGE 2
•
18.4 An incentive will be given to any employee who accumulated over
their cap of 480 hours. i.e. if an employee presently has 480 hours and
doesn't utilize any sick time in fiscal year 1988/1989, that employee will
receive six (6) days pay which is one-half (1/2) of twelve (12) sick days
accumulated per year during his first pay check in December. If an
employee uses six (6) days over his 480 hours and still has six (6) days
coming, the City would owe the employee three (3) days or any portion
accrued over 480 hours.
18.5 At time of separation, ONLY those employees who have
accumulated SICK LEAVE time over 288 hours to a maximum of 480 hours will
receive compensation between 288 hours and 480 hours. Payment of hours
between 288 480 shall be paid at the previous third years' hourly rate of
pay. There will be No payment of SICK LEAVE for hours under 288.
18.6 For purposes of the buy-back provision and incentive pay, all
payments shall be made at the previous third years' hourly rate of pay.
35
ARTICLE 19
PERSONAL LEAVE
19.1 Personal leave shall be granted to full-time employees, at the
rate of three (3) working days (24 hours) per year provided the employee
has been approved for benefits by the Manager.
19.2 When an employee becomes eligible for all City benefits, he
shall be granted three (3) personal days (24 hours) which may be
utilized during the following twelve (12) months. Every year on this
date, the employee shall forfeit any of the three (3) days (24 hours)
not used and be granted three (3) new days (24 hours) for the coming
year.
19.3 Personal leave is not accumulated from year-to-year and is
�rfeited at termination.
ADVANCE APPROVAL
An employee wishing to use personal leave shall submit a properly
completed Request for Leave of Absence Form for prior approval at least
five„15) days in advance of the actual day. Approval of this request
is at the discretion of the department head and shall have final
approval of the Manager.
The City may not take action to stop an employee from using his
personal leave except in the event of an emergency wherein any days
requested but not granted will be carried over to the next year.
I
36
ARTICLE 20
PREGNANCY LEAVE
20.1 Pregnancy, childbirth, and other related medical conditions
will be treated the same as employees with other medical conditions.
20.2 An employee should report pregnancy as soon as it is known
so can be taken to protect her health or improve working conditions.
The date on which sick leave for disability is to begin shall be at the
request of the employee based on the determination and advice of the
doctor. In no event shall such date be prescribed unilaterally by a
superior except on the basis of professional medical opinion that the
employee is physically incapable of performing normal duties or that
0ntinuing to perform normal duties would be hazardous to the employee's
health.
20.3 If an employee cannot perform their normal duties and is still
capable of performing a (light duty) position, the City will agree to
place the employee in that position provided there is a vacancy within
the department. No (light duty) positions will be added unless it is
recommended by the Police Chief and approved by the City Manager.
20.4 If there is no (light duty) vacated position available or the
employee desires to be laid off, employee would have the option to file
for unemployment, however, the determination of their eligibility is in
the full discretion of the Florida Unemployment Compensation Department.
37
ARTICLE 20
PREGNANCY LEAVE
PAGE 2
0
20.5 It is expected if a person takes a lay-off or a leave of absence
prescribed by her physician, she return to full duty no later than four
(4) months after birth of baby. Her return must be accompanied by a
doctor's release stipulating her ability to return to full-time
employment.
20.6 If any of the above are contrary to the court decisions,
either Federal, State or Supreme pertaining to Pregnancy Leave, the
court will prevail.
0
0:3
27- M33(,,
. ARTICLE 21
TIME POOL BANK
21.1 A_Permanent Time Pool Bank (TPB) will be established and
effective on October 1, 1988. Any unused accumulated hours as of
September 301988 from the 2revious time bank shall be transferred
to the time bank established under this Article.
21.2 The TPB will permit all full-time sworn and certified
Police Officers who have permanent employee status, the opportunity
to voluntarily participate in the TPB, by donating accrued sick
leave time to an eligible employee, whenever extraordinary circum-
stances require the eligible employee to be absent from work due to
• personal incapacity for a lengthy period of time. The employee
must have used all his/her accrued sick, vacation, holiday, compen-
satory and personal leave to be eligible for this benefit.
L�
21.3 The TPB will consist of accrued sick leave time donated by
participating Police Officers. Only participating employees will
be allowed to utilize the TPB. At the commencement of the benefit,
all Police Officers will be able to enroll in the TPB. Enrollment
will be re -opened every fiscal year thereafter. Probationary
Police Officers who have completed their probationary period and
have gained Permanent Employee Status will be granted fourteen (14)
days to join the TPB.
39
R� SB-33(,
ARTICLE 21
TIME POOL BANK
PAGE 2
•
21.4 Extraordinary circumstances shall be defined as, but not
limited to, lengthy hospitalization, critical illness, injury,
pregnancy or miscarriage.
21.5 A three (3) member committee will be established, who will
will be elected once per year, will review written requests for the
donation of sick leave time from the TPB. The Committee will
consist of one (1) representative from Road Patrol Division, 2)
Investigative Division, 3) a supervisor (either lieutenant or
sergeant). A written request will include the Police Officer's
name, reason for the TPB request, and approximate duration of
absence, if known. A medical diagnosis and prognosis by a physician
.
will be required for application to the TPB. Donated time from the
TPB, once approved by the Committee, will be credited to the absent
employee in the order in which the w-titten request forms are
received. The Committee will follow-up every thirty (30) working
days and review the medical diagnosis and prognosis for the
continued approval of the Police Officer utilizing the TPB. If an
employee is not actually at work because of injury or sickness, on
his/her first day of eligibility coverage will not be effective
until such time as the employee returns to active full employment
UNLESS PERSONALLY INCAPACITATED. Any employee who has been
qualified and has used this benefit and has returned to full and/or
light duty status is eligible to re -apply again under the
established criteria until the employee is able to return to work
on full -duty status.
40
ARTICLE 21
TIME POOL BANK
PAGE 3
21.6 All participating -Police Officers will donate eight (8)
hours of accrued sick leave time to be deducted on -the first pay
period in January 1989 to be placed in the TPB. The deduction of
accrued sick leave time will again be instituted in the first pay
period ending Julr,r1989 . Donated accrued sick leave time stays
in the TPB and is not refundable.
21.7 The TPB will be monitored by the Finance Department, a
volunteer designated by the FOP, and a member of the TPB Committee.
21.8 This is a voluntary, union -administered proilram. An
. deduction needed to be taken will be throw h the employee's payroll
check.
41
•
R 8P336 1
ARTICLE 22
LINE OF DUTY INJURIES
22.1 Any employee who is disabled during the course of his
tour of duty with the City of Tamarac Police Department, and would
be compensated under the workers' Compensation Statutes, shall be
paid full salary for the first five (5) working days of the dis-
ability.
22.2 The City shall supplement the employee's workers' Comp-
ensation, Social Security Disability or any benefits to which he
may be entitled so the employee shall receive eighty five (85%)
• percent of his gross bi-weekly base pay until such time as the
employee returns to work, reaches maximum medical improvement as
determined by the workers' Compensation Insurance Carrier, termin-
ates, is terminated, or retires.
�J
22.3 No employee seeking benefits for Workers' Compensation
Social Security Disability or any other benefits for which he may
be entitled shall ever receive more than one hundred (100%)
percent of his bi-weekly net base pay from the City. Any employee
receiving compensation from the City under this Article shall be
required to turn over to the City any compensation received from
any other source except for privately purchased insurance coverage
paid solely by the individual unit member. Any employee receiving
42
9-99-ji-6.
ARTICLE 22
LINE OF DUTY INJURIES
PAGE 2
benefits from Workers' Compensation is not eligible to receive
holiday pay, court time or overtime unless the hours worked fall
within the guidelines of the Fair Labor Standards Act (FLSA).
22.4 The City will utilize its best efforts to return an
injured employee to
a duty status
within
the job descri tion of
his classification
consistent
with his
physical limitations.
Nothing shall obli ate the City to create an assignment where none
exists. The City will not act out of favoritism or for punishment
in administratin this section .
11
43
P-gS-,336
ARTICLE 23
SUBSTANCE ABUSE
23.1 The intent of this Article is to help and assist an
employee who is under the influence of substance abuse. The intent is
to cure as long as the employee is willing.
23.2 If there is "reasonable suspicion" confirmed by at least
two (2) supervisors to believe a current employee is under the
influence of substance abuse while on duty, a drug test can be
recommended by the department head for the employee in question.
• 23.3 If an employee is found to have a substance abuse problem,
employee shall not be terminated or suspended and will immediately be
put into an Employee Assistance Program. As long as the employee
complies with the Employee Assistance Program, no disciplinary action
will be taken.
23.4 It shall be advertised to employee(s) the substance abuse
testing policy will be implemented and standards shall be published to
supervisor on how to detect employees) who may be under the influence
of drugs or alcohol and these standards shall be provided to
employee(s) for their review.
L�
44
ARTICLE 23
SUBSTANCE ABUSE
PAGE 2
0
23.5 A reputable and reliable medical doctor/laboratory shall be
used to administer the substance abuse test and to establish a chain of
custody and verify results of any test given.
23.6 Employee using medication or drugs lawfully prescribed
shall notify the City in advance of the use of same and it shall not
constitute grounds of reasonable suspicion of any substance abuse test.
0
Cl•7
•
ARTICLE 24
PROBATIONARY EMPLOYEE
R-Ft?-336
24.1 The parties agree the probationary period shall be one (1) year
from time of certification as Police Officers for those individuals who
are not certified Police Officers when hired, and one (1) year from the
date of hire for those individuals who were certified Police Officers when
hired by the City. Upon the conclusion of the probationary period, if the
Chief and Manager or designee recommend continuance of employment, the
employee shall be given permanent status sand-aha�}--be-entitled-te--Q-er►e
44}-5tep-merit-inerease:
24.2 At any time during the probationary period, the Chief or Manager
itdesignee may, for any cause other than the causes as provided for in
Article 3 -NON-DISCRIMINATION, terminate the employee. Any
termination prior to expiration of the probationary period shall be final
with no right of appeal of any type under any of the terms of this
Contract.
24.3 The supervisor shall review the employee six (6) months from date
of hire or upon completion of the Police Academy (whichever is the latter)
and shall make his recommendation to the Manager or designee for
consideration of entitlement to benefits.
24.4 The probationary period and terms of employment for employees h
rooted to a higher position shall be as follows:
46
'S- .33 & -
ARTICLE 24
PROBATIONARY EMPLOYEE
PAGE 2
9
The supervisor shall review the employee six (6) months
from date of promotion and shall make his recommendation to
the Manager or designee for consideration of a merit
increase. If a merit increase is granted after six (6)
months, this shall become the employee's anniversary date
and he shall be reviewed annually on this date.
24.5 The probationary period following a promotion does not affect the
employee's entitlement to City benefits granted after satisfactorily
completing the initial probationary period.
24.6 There shall be no extension of the probationary period.
24.7 The City will provide police academy training approved by the
Florida State Police Standards and Training Commission as well as salary,
benefits and contributions as specified in statutes, ordinances, and the
collective bargaining agreement. All employees who receive said training
and voluntarily terminate employment prior to completion of two (2) years
of service as a certified Police Officer, will pay the City of Tamarac ten
($10.00) dollars for each working day of the unexpired term.
r'1
47
0
ARTICLE 25
BEREAVEMENT LEAVE
?�_ SF-3361
25.1 Time -off provisions for Bereavement Leave: Where there is a
death in the immediate family of an employee, employee shall be granted up
to three (3) days off (24 hours) without loss of pay or benefits for each
death of the below described family members. All requests for additional
leave from accrued leave time will be granted whenever possible.
25.2 Immediate family members are described as: spouse, child, mother,
father, sister, brother, grandmother, grandfather, grandchild, step
parent, mother-in-law, father-in-law, or son or daughter --in-law and upon
Onof, any person in the general family whose ties would normally be
considered immediate family and living within the same household.
25.3 Bereavement leave shall not be charged against annual leave,
holiday leave, or compensatory time.
25.4 The City reserves the right to require documentation supporting
approval of Bereavement Leave after the employee returns to work.
25.5 Applications may be made to the Manager or designee through the
Chief for extension of Bereavement Leave due to extenuating circumstances.
The compensation for this additional leave will be paid 'from any accrued
annual leave available (including holiday leave, compensatory time).
M
1]
ARTICLE 26
PROMOTIONAL EXAMS
)?-- FY-3 36
26.1 All Police Officers shall be entitled to compete in the
Promotional exam for the position of Police Sergeant, providing they
have satisfied the minimum qualifications as established by the Chief
of Police.
26.2 Promotional exams shall be announced at least sixty (60) days
prior to the actual test date. Employees who are eligible to take the
exam shall notify the Personnel Department at least fourteen (14) days
prior to the test date of their desire to be a participant.
0
26.3 The exam will consist of a written part and an oral part.
The Chief of Police shall determine what weight to be given each part.
26.4 A promotion list will be established with the names of those
persons who have attained a passable grade in the order of their final
grade. The names of two or more eligibles having the same final grade
shall be placed on the list by arranging the names in order of
seniority. In the event that grades and seniority are identical,
names shall be listed alphabetically.
•
49
ARTICLE 26
PROMOTIONAL EXAMS
PAGE 2
•
26.5 The person chosen for promotion shall be from within the
first three names on the promotion list.
26.6 All promotion eligibility lists for the position of sergeant
shall be established for the term of two (2) years from the date of
the examination which established such eligibility.
11
0
50
:7
ARTICLE 27
EDUCATION
P-8tir-336
27.1 The City shall pay for approved job related courses if funds
are available, in the sole opinion of the Chief and Manager or designee,
and if the course does not interfere with the employee's performing his
duties including attendance at work and scheduling of working hours.
27.2 The City shall pay for the total cost of the courses at State
Universities, and one --half the cost of the courses at private institu-
tions including registration fees, charge for semester hours, and text-
books if the course and authorization to take it were given by the Chief
Wd Manager or designee in writing prior to registration. The City
shall not pay for late registration charges, miscellaneous supplies,
traveling expenses, or cost of transcripts.
27.3 If an employee does not pass a course or withdraws from a
course, he shall reimburse the City for all expenses related to that
course. These monies may be deducted from the employee's pay check at a
maximum amount of $25.00 per pay check. If the school refunds part of a
charge at the time of withdrawing, the employee must make up the
difference. If the City pays for a textbook, then upon completion of
the course, it is to be turned into the City. An employee may buy his
own textbooks so that he would have it for a reference.
•
51
.
ARTICLE 27
EDUCATION
PAGE 2
33 6
•
27.4 If an employee voluntarily terminates prior to one (1) year
upon completion of the course(s), the City shall be reimbursed for all
expenses. The City shall deduct this amount from the employee's final
pay check. The employee shall sign an affidavit stating that he
approves of the terms set forth in this section before any monies are
expended by the City.
27.5 The City agrees to pay the applicable salary incentive monies,
in accordance with the Florida State Statutes Chapter 943.22, at the
time the first regular pay check of the month is issued, but in no case
shall it be issued later than the tenth day of each month.
27.6 A probationary employee will be eligible to participate in off
duty details after they have completed their field training program.
0
52
R--SY--3361
ARTICLE 28
F.O.P. REPRESENTATION
28.1 If an employee is on duty during negotiation sessions, he
may attend and participate in said sessions with no loss in pay. if
an employee is scheduled to work any shift on the day of a negotiating
session, the employee shall be excused from the shift and shall attend
the session at no loss of pay if approved in advance by the Chief or
his designee which approval could be granted only if the shift would
still be adequately manned and would not cause any overtime in the
Department.
28.2 The bargaining committee of both the FOP and the City shall
consist of not more than three (3) representatives. The FOP. shall
furnish the Manager or designee with a written list of the FOP's
bargaining committee prior to the first bargaining meeting and
substitution changes thereto, if necessary. The City shall furnish
the FOP President with a written list of the City's bargaining
committee prior to the first bargaining meeting and substitute changes
thereto, if necessary.
28.3 FOP representation at the negotiation sessions will not be
considered as FOP business as defined in Article 30 and therefore,
the time will not be deducted from the 165 hour fiscal year allotment
. for FOP business.
53
R-- g- 3
ARTICLE 29
F.O.P. SECURITY
29.1 The City shall make available to the FOP President five
(5) copies of the Contract.
29.2 The city shall make available to the FOP a current copy
of the City of Tamarac Personnel Manual and any updated additions
and deletions.
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ARTICLE 30
F.O.P. BUSINESS
30.1 Elected FOP officials, or their designees, up to a
maximum of four (4) in any one instance shall be granted time off
to attend State or Local FOP meetings.
30.2 Employees who are elected FOP officials of the
Fraternal Order of Police shall be granted time off by department
management to attend FOP meetings, provided:
(a) A written request is submitted to the chief or his designee
at least forty-eight (48) hours prior to the time -off period.
(b) Sufficient manpower is available in the regular shaft to
• properly man the Department during the absence of the FOP official
of his designee. The City shall not be obligated to permit this
time off if at the time of approval it would necessitate overtime in
the Department. In emergencies, the request may be submitted orally
and later confirmed in writing.
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30.3 Time off, as provided in this Article, for FOP officials
or their designees, shall not exceed a total of one hundred and
sixty --five (165) hours for all officials in any fiscal year. The
Department retains the right to restrict any time off for FOP
business when an extreme emergency condition exists and such time
off from regular assignments would, in the sole opinion of the Chief
or designee, create a danger to public safety.
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ARTICLE 31
LEAVES OF ABSENCE
31.1 Leaves of absence without pay for a period to be determined
on a case by -case basis will be granted to an employee with permanent
status for any reasonable purpose by the Chief or designee after
written approval by the Manager or designee. Such leaves may be
renewed or extended for any reasonable purpose by the Chief or
designee after written approval by the Manager or designee not to
exceed one hundred eighty (180) calendar days.
31.2 An employee shall, upon request, be granted a leave of
absence without pay by the Chief or designee after written approval by
the Manager or designee for educational purposes at an accredited
institution when it is related to his employment. The period, not to
exceed one (1) year may at the discretion of the Chief or designee
after written approval by the Manager or designee may be renewed at
the request of the employee for a period not to exceed one (1)
additional year.
31.3 Leaves of absence, with or without pay, may also be granted
to employees by the Chief or designee after written approval by the
Manager or designee, at their discretion, if it is determined it is
for educational purposes to attend conferences, seminars, briefing
sessions or other job related activities of a similar nature which are
intended to improve or up -grade individual skill or professional
• ability.
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ARTICLE 31
LEAVES OF ABSENCE
PAGE 2
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31.4 Extended leaves of absence without pay must be granted by
the Manager or designee at the Manager's sole discretion for a long
term illness or disability for a period up to six (6) months. The
leave may be extended or renewed at the sole discretion of the Manager
or designee for one (1) additional six (6) month period upon request
and receipt of a certified physician's statement.
31.5 Any employee who is a member of the National Guard or
Military Reserve Forces of the United States and who is ordered by the
appropriate authorities to attend a prescribed training program or to
perform other duties, shall be granted a leave of absence, with pay,
as provided by Section 115.07 Florida Statutes. The employee shall
receive pay for the number of working days occurring in the authorized
period, according to his work schedule, less any service pay received
or may retain his military pay and use accrued annual leave in lieu of
military leave. Any permanent employee who is drafted, or who enters
active duty in the Armed Forces Reserve or National Guard shall be
granted military leave for the period of military commitment without
pay.
31.6 Any employee who is on duly authorized paid leave of absence
will continue to maintain benefits as if he were on regular status.
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ARTICLE 31
LEAVES OF ABSENCE
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31.7 All job -related benefits shall cease for any employee who is
on authorized unpaid leave of absence in excess of thirty (30) days.
An employee on authorized unpaid leave of absence may elect to
continue applicable health insurance coverage after the thirty (30)
day period by personally making all payments for this coverage during
the period he is on leave without pay, including the City's entire
contribution. When an employee who has been on authorized unpaid
leave of absence returns to work, he will be credited only with the
number of earned annual leave hours he had not used prior to leave and
those accrued during the first thirty (30) days of leave. All accrued
time must be used prior to leave without pay.
31..8 Leaves of absence incurred as a result of maternity and
maternity -related illness shall be treated the same as any other
illness.
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ARTICLE 32
SAFETY AND HEALTH
32.1 The City agrees that all patrol units will be taken out of
service for Police Officers when the odometer reaches 100,000 miles.
32.2 The City agrees to continue to use tires of a quality
currently employed or better for the term of this Contract.
32.3 The City agrees to make all efforts to improve radio communi-
cations so long as the same are within the control of the City.
• 32.4 A Preventive Maintenance check will be made on all Police
vehicles one (1) time per week. The program will include but not be
limited to:
Tires
Belts
Hoses
Oil
Fluid levels
Radiator checks
32.5 The service mechanic will also verify a service sticker to
appear on the vehicle.
32.6 Every 3,500 miles, the following maintenance work will be
performed:
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ARTICLE 32
SAFETY AND HEALTH
PAGE 2
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Oil change
Spark plugs
Electrical -systems check
Front-end check
Ball joints
Bearings
Brakes
Rear -end
Universal
Transmission
Suspension system
Before any vehicle is taken out for
check:
Emergency equipment
Tires
Lights
Wipers
Brakes
Horn
patrol, the driver should
32.7 The City agrees to install and maintain in all police vehicles
carbon monoxide detectors.
•
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• ARTICLE 33
TERMINATION OF BENEFITS
33.1 Vacation time, holiday time and compensatory time that is
in an accrual status, shall be compensated by check upon termina-
tion provided at least two (2) weeks written notice of termination
has been provided to the City or on the next payday at the option
of the employee. If an employee's last working day is on a Satur-
day or Sunday, the employee shall receive his check on Monday. if
two (2) weeks written notice has not been provided to the City,
the final payment shall be processed with the next scheduled
payroll.
• 33.2 The City shall be entitled to withhold all or a portion
of the final check pending the employee's return of all City
property in his custody, including, without limitation, communica-
tions equipment, health insurance cards and City identification
cards.
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ARTICLE 34
PROHIBITION OF STRIKES
34.1 The F.O.P. and its members agree not to engage in a
strike, as defined in the Florida Statutes as presently in force or
hereinafter amended, and in the Constitution of the State of
Florida, work stoppages, boycotts, slowdowns, refusal of assign-
ments, or other actions which interference with the operation of
the Police Department and the City.
34.2 There shall be no strikes, work stoppages, slowdowns,
boycotts, refusal to perform assigned work or any other job action
overt or covert, which interferes with the mission of the Police
Department by the employees covered under this Contract.
34.3 Recognizing that Florida law prohibits the activities
enumerated in Paragraph 1 above, the parties agree that any member
who participates in or promotes a strike, work stoppage, slowdown,
boycott, failure or refusal to perform work or any other job
action, overt or covert, which interferes with the mission of the
Police Department may be discharged or otherwise disciplined by the
City.
34.4 It is recognized by the parties that activities enumerated
in Paragraphs 2 and 3 above are contrary to the ideals of profes-
sionalism and to the Police Department's community responsibility
and that any violation of this Article would give rise to irrepar-
able damage to the City and to the public at large. Accordingly,
it is understood and agreed that in the event of any violation of
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ARTICLE 34
PROHIBITION OF STRIKES
PAGE 2
this Article, the City shall be entitled to immediately seek and
obtain legal and/or equitable relief in any court of competent
jurisdiction or appropriate administrative body.
34.5 For the purpose of this Article, it is agreed that the FOP
shall also be responsible and liable for any act committed by its
officers and agents, which act constitutes a violation of the
provisions herein.
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ARTICLE 35
PERMANENT SHIFTS
35.1 For the term of this Contract, the City shall provide to
employees of this Bargaining Unit the opportunity to bid for
assignment to permanent shifts.
35.2 The _Chief shall decide the number of persons „assigned to
each shift and each division within the de artment. Thereafter
em to ees may bid on the basis of seniority for shifts.
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ARTICLE 36
MANPOWER UTILIZATION
36.1 The number of units shall be no less than five (5) patrol
units on duty made up of one (1) supervisor and five (5) patrol
units.
36.2 The number of units which shall be no less than five (5)
patrol units on duty shall be made up of ,sworn and certified Police
Officers and will exclude traffic division officers whenever .
possible.
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ARTICLE 37
BULLETIN BOARDS
37.1 The City shall provide one (1) bulletin board for the
exclusive use of the FOP solely for posting of official bulletins.
37.2 The authorized bulletin board for FOP use may be used only
for posting official notices which shall be signed by an officer of
the FOP.
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ARTICLE 38
CIVIL SUITS
38.1 The parties shall be governed in the defense'of civil
suits by the provisions of Florida Statutes, Section 111.07 and
Section 768.28
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ARTICLE 39
MEDICAL COVERAGE PROGRAM
1. The City shall provide group health insurance coverage
after 90 calendar days of employment for a permanent full-time
employee.
2. From November 1, 1988 through September 30, 1989, the
following carriers, Cigna (HMO), HIP (HMO) and Florida League of
Cities (free choice of physician) will be the only options an
employee may choose if they desire to be covered by a group
health insurance plan. If an individual is eligible for Medicare
he/she may choose to select Medicare as his/her primary provider
in lieu of one of the City's group health insurance plans.
3. If an employee desires to waive his/her group health
insurance coverage and seek insurance as a private individual,
the City will contribute the single coverage rate of $41.55 bi-
weekly toward the individual's private insurance. If.an employee
desires to waive his/her family coverage the City will pay
$67.15. In order for an employee to be compensated in this
fashion, he/she must submit to the Personnel Department an
invoice from the health insurance carrier.,they have chosen.
Unless there is an actual expenditure of money by the employee
for medical insurance, there will be no reimbursement by the
City.
4. The health insurance rates from November 1, 2988 through
September 30, 1989 are listed below showing the City and the
employees bi-weekly contribution.
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ARTICLE 39 .
MEDICAL COVERAGE PROGRAM
PAGE 2
PAID BY CITY PAID BY,EMPLOYEE
BI-WEEKLY BI-WEEKLY
CIGNA (HMO)
Single Coverage
$41.55
$
-()-
Family Coverage
$67.15
$
42.96
H.I.P. (HMO)
Single Coverage
$41.55
$
5.26
Family Coverage
$67.15
$
59.26
FLORIDA LEAGUE OF CITIES
Single Coverage
$41.55
$
22.04
Family Coverage
$67.15
$118.32
The Bargaining Unit will be notified when the City is solici- . •
ting proposals for group health insurance coverage so it may
submit a list of insurance representatives and/or companies to be
included on the City's bidders list.
If the Bargaining Unit has health insurance proposals for
consideration, they may submit them to the City for review at any
time during the term of this contract, for insurance coverage for
the next fiscal year.
The City shall make available optional Health and Life
Insurance coverage for retiring employees.
The City shall provide Long -Term Disability for the employees
of the Bargaining Unit. There shall be no chin a in the terms of
the disability coverage during the term of this contract.
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ARTICLE 40
SAVINGS CLAUSE
40.1 Should any provisions of this collective bargaining
agreement, or any part thereof, be rendered or declared invalid
by reason of any existing or subsequently enacted 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.
40.2 Any right, privilege, benefit, or function of the City
and the Union members not specifically released or modified by
this Agreement shall remain in full force and effect. Should
the City or the Union fail to exercise their rights from time
to time, this shall not be construed or deemed a waiver of the
City's or the Union's prerogative to exercise any or all rights
or functions listed in this Agreement.
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ARTICLE 40
SAVINGS CLAUSE
40.1 Should any provisions of this collective bargaining
agreement, or any part thereof, be rendered or declared invalid
by reason of any existing or subsequently enacted 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.
40.2 Any right, privilege, benefit, or function of the City
and the Union members not specifically released or modified by
this Agreement shall remain in full force and effect. Should
the City or the Union fail to exercise their rights from time
to time, this shall not be construed or deemed a waiver of the
City's or the Union's prerogative to exercise any Or all rights
or functions listed in this Agreement.
•
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ARTICLE 41
TOTAL AGREEMENT
41.1 The parties agree this Collective Bargaining Contract
represents the total Contract for terms and conditions of employ --
meat, between the parties, for the life of the Contract. No
changes shall be made without the agreement of both parties.
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ARTICLE 42
DURATION OF CONTRACT
42.1 This contract shall be effective this 1 day of October_,
1988, and shall remain in full force and effect until Se tember 30,
1989, unless modified or changed by, -mutual consent. On or before
AApril_1 , 1989, any party desiring to negotiate this Contract, shall
notify the other in writing of their intention. The following
procedure shall constitute the correct method for negotiations.
Either party may submit written notice as to the need for collective
bargaining upon the other no later than April 11988 . It shall
include a list of proposals which shall inform the other party of
the items they desire to negotiate. It shall be the obligation of
both parties to meet within ten (10) days after the receipt of
written notice of a request for a meeting for collective bargaining
purposes.
42.2 Any Federal, State or Local Legislation which has impact
upon this Contract, shall be reviewed by both parties with advice of
legal counsel so as to properly adjust to comply with the law when
appropriate.
42.3 All Provisions of this contract -except where specifically
indicated to the contrary shall be retroactive to October 1, 1988.
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ARTICLE 42
DURATION OF CONTRACT
PAGE 2
DATE APPROVED: / g g
IN WITNESS WHEREOF the parties have set their signatures on the
date set forth below their respective signatures.
FRATEFgQAL,qRDER,.9F POLICE (FOP)
BY:
aoaArv-
R-W71VV C n04e V,
73
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RMAN ABRAMOWITZ
BY :
("pJOAN P. KELL
TY MANAGER
B
CHI NEGO f?c
f.
ATTEST:
CAROL A. EVANS
CITY CLERK
Approved as to Sufficiency
BY : l O
CITY ATTORNEY