HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-009I
Temp. Reso. 13226
12t20t2018
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2019 0q
A RESOLUTION OF THE CITY COMMISSION OF THE CIry OF TAMARAC,
FLORIDA, RATIFYING THE AGREEMENT WITH THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, LOCAL 3080; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3O8O FOR THE
PERIOD FROM OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2021;
AUTHORIZING THE EXECUTION OF A MUTUAL CONSENT AGREEMENT
DESCRIBING THE USE OF INSURANCE PREMIUM TAX REVENUES;
AUTHORIZING THE PREPARATION OF AMENDMENTS TO CHAPTER 16 OF
THE CIry CODE FOR REVIEW BY THE PENSION BOARD AND APPROVAL
BY THE Clry COMMISSION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Agreement between the City of Tamarac and the
!nternational Association of Firefighters (IAFF) expired September 30,2018; and
WHEREAS, the City of Tamarac created a negotiating team to renegotiate
the Agreement; and
WHEREAS, the negotiating team consisted of Special Counsel for Labor
Robert Soloff, Director of Human Resources Lerenzo Calhoun, Fire Chief Percy
Sayles, Assistant Fire Chiefs Michael Annese and Jeff Moral, Division Chief John
Frasher, Battalion Chiefs Derek Cerny, Steve Stillwell, and Eric Viveros, Senior
HR Analyst Whitney Neff, Senior Accountant Rick Spencer and others; and
WHEREAS, the City of Tamarac and the IAFF have collectively bargained
in good faith and have reduced said bargaining to an Agreement attached hereto
as Exhibit A; and
WHEREAS, on December 20, 2018, the employees covered by this
Agreement, ratified the Agreement; and
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Temp. Reso. 13226
12t20t2018
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WHEREAS, it is the recommendation of the City Manager and the
negotiating team to approve the Agreement; and
WHEREAS, as a condition of the acceptance and ratification of the
Agreement, the City and the IAFF will execute a Mutual Consent Agreement
consistent with the requirements of Florida Statutes Chapter 175, regarding the
use of Premium Tax Revenue requiring that all lnsurance Premium Tax
Revenues, whether base premium tax revenue or additional premium tax
revenue, received by the City will be used by the City to meet its Annual
Required Contribution to the Firefighter's Pension Fund as outlined in the
attached letter attached hereto as Exhibit B; and
WHEREAS, as a condition of the acceptance and ratification of the
Agreement, the City and the IAFF have agreed to make certain amendments to
Chapter 16 of the Code of the City of Tamarac (the Pension Ordinance) effective
January 1, 2019, as agreed and providing for changes to the Firefighter's
Pension Plan as outlined in the attached letter attached hereto as Exhibit C; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
ratify the Agreement and provide for its proper execution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
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tconfirmed as being true and correct and are hereby made a specific part of this
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Temp. Reso. 13226
12t20t2018
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Resolution. All exhibits attached hereto are incorporated herein and made as
specific part of this Resolution
SECTION 2: That the City Commission hereby ratifies the Agreement
attached hereto and incorporated herein as Exhibit A by and between the City of
Tamarac and the lnternational Association of Firefighters, Local 3080 for the
period from October 1, 2018 through September 30,2021
SECTION 3: That since the members of the Bargaining Unit ratified the
Agreement on December 20, 2018 the appropriate City Officials are hereby
authorized to execute said Agreement on behalf of the City of Tamarac.
SECTION 4: That the City and the IAFF will execute the Mutual Consent
Agreement regarding the use of all lnsurance Premium Tax Revenues, attached
hereto and incorporated herein as Exhibit B with any final language revisions
approved by the City Manager and City Attorney
SECTION 5: That the City will prepare amendments to Chapter 16 of the
Code of the City of Tamarac (the Pension Ordinance) for review by the Pension
Board and the City Commission as outlined in Exhibit C attached hereto and
incorporated herein
SECTION 6: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict
SECTION 7. lf any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
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Temp. Reso. 13226
12t20t2018
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SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption I
PASSED, ADOPTED AND APPROVED this qtr,*" W'[",2019
ATTEST
PATRICIA TEUFEL, CMC
CIry CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED TH!S RESOLUTION
AS TO FORM
ELS
CIry ATTORNEY
MI L EJ , MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: YIM PLACKO
UA'
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I
TR13226
EXHIBIT A
TAMARAC-*dt'sL'aJ
The Gity For \bur tife
CONTRACT
BETWEEN
THE CITY OF TATAARAC
AND
THE TNTERNATTONAL ASSOCTATTON OF FTREFTGHTERS UFn
EFFECTIW OCTOBER 1, 2018 THROUGH
SEPTEMBER 30,2021
TABLE OF CONTENTS
TITLE
Agreement
Recognition
Reopener Clause
Management Rights
Grievance Procedure
Arlcitration
Check-off
Wages
Longevity Pay
Overtime Pay
Call-back Pay
Basic Work Week
Working out of Title
Vacation
Holidays
Medical Coverage
Sick Leave
On-the.Job lnjury
Presumed Communicable
Diseases
Wellness Program
Substance Abuse
Time Pool Bank
Leaves ofAbsence
!ncentives
Education Reimbursement
Program
Bereavement Leave
ARTICLE #
1
2
3
4
5
6
7
8I
10
11
12
13
14
15
16
17
18
19
PAGE #
1
2
3
4
5-8I
10-11
12-14
15
16
17
18
19
2A
21
22
23-24
25
26
27
28
29
30
31-33u
2A
21
22
23
24
25
26 35
TITLE
Uniforms
Termination of Benefits
Probationary Period/
Employee (New Hire)
Seniority
Personnel Reduction
Promotional Examinations
Promotional Probation
Union Business
Employee Rights
Rules and Regulations
Firefighters Bill of Rights
Drills and Training
Maintenance Day
Job Duties
CivilSuits
Bulletin Boards
Work Stoppages
Special Operations
Non-discrimination
Services to the Union
Civil Emergency
Severability Clause
Kelly Days
Paramedic Assignment Pay
Terms of Agreement
ARTICLE #
30
31
32
33u
35
36
38
39
40
41
42
43
M
45
46
47
48
49
50
51
PAGE #
27
28
29
36-37
38
39
37
40
41
4245
46
47
48
49
50
51
52
53il
55
56
57
58
59
60
61
62
63
64
ARTICLE 1
AGREEMENT
1.1 This Agreement is entered into by Tarnarac, Florida, hereinafter refened to as the "Cit1r" andLocal 3080 of the lnternational Association of Firefighters hereinafter referred to as the "Unioni. lt isthe purpose of this Agreement to promote harmonious relations between the City and its emptoyeesand to establish an orderly and peaceful procedure in the settlement of differenes which mignt iriseand to provide for joint collective bargaining in the determination of wages, hours, and other conditionsof employment for employees covered by this Agreement.
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ARTICLE 2
RECOGN!TION
2.1 The Gi$ hereby recognizes the Union as the exclusive bargaining representative for all
employees in the following appropriate unit:
INCLUDED: Allfull-time Firefighters, Driver/Engineers, Lieutenants, Fire lnspectors, Gaptain,
Assistant Fire Marshal.
2
ARng!-E 3
REOPENER CI.A,USE
3.1 The term of this Agreement shall be three (3) years beginning Oc.tober 1, 2018 and ending
September 30,2021.
3.2 No other artides shall be opened for negotiations during the term of this Contrac{ except those
mutually agreed upon by the Union and the City.
3.3 The Union and the City agree to initiate collestive bargaining by July 15th in the fina! year of the
collective bargaining agreement.
3
ARTICLE 4
MANAGEMENT RIGHTS
4.1 lt is the right of the public employer to determine unilaterally the purpose of each of its
constituent agencies, set standards of services to be offered to the public, and exercise control and
discretion over its organization and operations. lt is also the right of the public employer to direct its
employees, take disciplinary action for proper cause, and relieve its employees from duty because of
lack of work or for other legitimate reasons. However, the exercise of such rights shall not preclude
employees or their representatives from raising grievances, should decisions on the above matters
have the practical consequence of violating the terms and conditions of any collective bargaining
agreement in force or any civil or career service regulation.
4
ARTICLE 5
GRIEVANCE PROCEDURE
5.1 ln a mutual effort to provide a harmonious worklng relationship between the parties to this
contract, it is agreed and understood there shall be a procedure for the resolution of grievances
involving the application or interpretation of this Contract and grievances involving discharge,
suspension, or disciplinary demotion or terms and conditions of employment as provided by this
Contract.
5.2 Every effort will be made by the parties to settle any grievance as expeditiously as possible.
Failure to observe the prescribed time limits by either party shall result in the grievance proceeding to
the next step of the grievance procedure with a written explanation attached. Any decision not
appealed or any grievance settled, other than one settled through binding arbitration shall not
constitute a precedent for the interpretation of this contract nor shall it be used as a basis for a future
decision.
5.3 Grievances shall be presented in the following manner.
Step 1 The employee shall present the grievance to their immediate superuisor within ten (10)
calendar days of the occunence of the event(s) which gave rise to the grievance. Such contact shall
be in writing using the "Official Grievance Form'. The grievance form shall specify the exact article
which has been violated and the specific remedy requested. A Union Official may accompany an
employee through each step of the grievance procedure. The immediate supervisor shall render a
recommendation in writing wtthin ten (10) calendar days and provide the written response to the
grievant and the Union fficial.
Step 2 Any grievance which is not satisfactorily settled with the immediate supervisor shall be
signed by a Union Official and fonrarded to a Battalion Ghief within ten (10) calendar days after the
completion of Step 1. The Battalion Chief shall render a recommended decision in writing within ten
(10) calendar days (or such longer period as mutually agreed upon) and provide the written response
to the grievant and the Union Official.
Steo 3 ln the event the employee is not satisfied with the disposition of the grievance in Step 2,
he/she shall have the option to appeal the disposition to the Fire Chief or his/her designee within ten
(10) calendar days after the close of Step 2. The appeal shall contain copies of all previous steps.
The Fire Chief or his/her designee shall render his/her decision within ten ('10) calendar days of the
filing of the appeal (or such longer period as mutually agreed upon) and provide the written response
to the grievant and the Union Official.
Step 4 ln the event Step 3 does not satisfy the employee, then an appeal may be submitted to
the City Manager or his/her designee within ten (10) calendar days after the close of Step 3. The City
Manager or his/her designee shall render a decision within twenty (20) calendar days (or such longer
period as mutually agreed upon) and provide the written response to the grievant and the Union
fficial.
5.4 When a grievance is general in nature or is directly between the local union and the department
and the City, then the written grievance shall be signed by a Union Official and shall be presented to
the Fire Chief or his/her designee within the time limits provided for aggrieved employees or the
representative of the local union. Thereafter, the grievance shall be processed in accordance with the
procedures in Steps 3 and 4.
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5.5 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 conceming interpretation or application of any provision of this contract. ln the event a
grievance processed through the grievance procedure has not been resolved at Step 4 above, the
arbitration procedure set forth in the Arbitration Article shall also apply, if invoked.
5.6 The union will not be required to process grievances for non-union employees.
5.7 Transmission of grievance responses via facsimile requires telephonic notification prior to the
transmission, subject to the receiving party agreeing to receive the response via facsimile. The
receiving party will not unreasonably withhotd agreement to the transmission of the response via
facsimile.
5.8 The original submission of a grievance may not be submitted via facsimile and the original
grievance form shall continue to be the offtcial grievance, with applicable documentation and original
signatures affixed thereon.
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Grievance # _
OFFICIAL GRIEVANCE FORM
Before completing this form, carefully read the provision of Article 5 in the Contract.
Please or Use additional if
NAME RANK:
STATION:SHIFT:
GRIEVANT INFORMAT!ON
INDIVIDUAL tr CLASS ACTION tr at
GRIEVANCE TYPE
ItlrusT BE PRESENTED TO IMMEOTATE SUPERVISORwlTHTN TEN (10) DAYS OF OCCURRENCE
SUPERVISOR MUST RESPOND WTHTN TEN (10) DAYS OF RECE|PT
Briefly Describe Situation:
Article/Section Violated:Remedy Requested:
Grievant Name Grievant Signature:Date: I I
Supervisors Response/Explanation :
Date Received by Superyisor:
tt
Date Answered by Supervisor:
lt
Superuisor Signature:
ACCEPTED tr
By Grievant
REJECTED T]
By Grievant
Signature of Grievant:
STEP ONE GRIEVANCE
RESOLUTION
MUST BE PRESENTED TO BATTALION CHIEF WITHIN TEN ({0) DAYS OF SUPERVTSOR'S RESPONSE
BATTALTON CHTEF MUST RESPOND WTHTN TEN (10) DAYS OF RECEIPT
Battalion Chief s Response/Explanation
Date Received by Baftalion Chief:
_t _t _
Date Answered by
Battalion Chief:
tt
Signature of Union Otficial (must be signed prior to
submission to BC):
AGCEPTED
By Grievant
REJECTED t]
By Grievant
Signature of Grievant:
STEP TWO GRIEVANCE
RESOLUTION
Pagel of2
7
Grievance #
OFFICIAL GRIEVANCE FORTI
MUST BE PRESENTED TO THE FIRE CHTEF wlTHTN TEN (10) DAYS OF BATTALION CHIEF',S RESPONSE
FIRE CHIEF mUST RESPOND WlrHlN TEN (10) DAYS OF RECEIPT
Fire Chief s ResponselExplanation,
Date Received by Fire Ghief:
tt
Date Answered by Fire
Ghief:
tl
Signature of Union Official:
ACCEPTED tr REJEGTED tr Signature (by Grievant, or Union Official if Glass
Action):-
STEP THREE GRIEVANCE
RESOLUTION
MUST BE PRESENTED TO THE C|TY MANAGER OR DESTGNEE WtTHtN TEN (10) DAYS OF FIRE CH
crTY MANAGER DESTGNEE MUST RESPONDWTHIN TWENTY (20) DAYS OF RECEIPT
IEF'S RESPONSE
Gity Manager /Designee's Response/Explanation :
Date Received:
I I
Date Answered:
I I
Signature of Union Official:
Signature (by Grievant or Union Official if
Class Action):ACCEPTEDtr REJEGTED E]
STEP FOUR GRIEVANCE
RESOLUTION
ARBITRATTON MUST BE FTLED WITHIN 15 DAYS OF CITY MANAGER/DESIGNEE ANSWER
Request for Arbitration submitted on :
Date:
By (Signature of Authorized Union Representative)
Arbitration Request Received on:
Date:
By (Signature of Authorized Union Representative)
ARBITRATION
Page 2 of 2
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ARTICLE 6
ARBITRATION
6.1 ln the event a grievance processed through the Grievance Procedure set forth in Article S hasnot been resolved, the grievant may submit the grievance to arbitration within fifteen (1S)
administrative working days after the City Manager or his/her designee renders a written decision onthe grievance. Arbitrator may be one impartial person mutually agreed upon by the parties. ln theevent parties are unable to agree upon said arbitrator within ten (10) administrative woiking days, theparties shall jointly request the Federal Mediation and Conciliation Service or American ArbitrationAssociation to furnish a panel of seven (7) persons resident in Florida from which each party shallhave the option of altematively striking names thus leaving the seventh (7) which will give a neutrat orimpartial arbitrator.
6.2 The parties shall make their choice of the impartial arbitrator within five (S) administrative
working days after the receipt of the panel from the Federal Mediation and Conciliation Service or theAmerican Arbitration Association.
6.3 The City and the employee (or the Union) shall attempt to mutually agree in writing as to thestatement of the grievance to be arbitrated prior to the arbitration hearing and the arbitrator,lhereafter,shall confine his decision to the particular grievance thus specified. ln the event the parties fail toagree upon the statement of the grievance to be submitted to the arbitrator, the arbitrator will confineits consideration and determination to the written statement of the grievance presented in Step 1 of theGrievance Procedure.
6.4 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. The arbitrator shall haveno authority to rule upon any'matter which is stated in this contract not to be subject to arbitration, norshall this Collective Bargaining Agreement be construed by the arbitrator to supeisede or be in conflictwith applicable laws in existence at the time of signing of this contract except to the extent asspecifically provided herein. ln the event there is a dispute concerning whether or not there is a
conflict with applicable laws, it shall be submitted to Arbitration.
6.5 The decision of the arbitrator shall be final and binding.
6.6 Each party shall bear the expense of its own witnesses and of its representatives. Theimpartial arbitrato/s fee and related expenses and expense of obtaining a hearing room, if any, shallbe paid by the losing party. Any party desiring a transcript of the hearing shall bear the cost of suchtranscript unless both parties mutually agree to share the cost.
6.7 For the purposes of this Article, administrative working days shall mean Monday through Friday.
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ARTICLE 7
CHECK-OFF
7.1 Any member of the Union who is covered by this Agreement and who has submitted a properly
executed dues deduction card in accordance with the below-prescribed format may, by request in
writing, have his/her membership dues in the Union deducted from his/her wages. Dues shall be
deducted bi-weekly and shall be transmitted to the Union within thirty (30) days. lf an employee does
not have a payroll check due him/her, or if the check is not large enough to satisfy the deduction, no
collection shall be made from the employee for that month.
7.2 The City shall have neither responsibility nor liability for any monies once sent to the Union, nor
shall the City have any responsibility for the improper deduction of dues. The Union shall hold the City
harmless against any and all claims made and against any suits instituted against the City on account
of this Article.
7.3 The Union shall notify the City of the amount of Union dues. Such notification will be certified
to the City in writing over the signature of an authorized officer of the Union.
7 .4 lt shall be the responsibility of the Union to notify the Finance Director, in writing, of any change
in the amount of dues to be deducted at least (30) days in advance of said change. Under no
circumstane,es shall the City be required to deduct initiation fees or Union fines, penalties or
assessments from the wages of any member.
7.5 Any member of the Union may, on thirty (30) days' notice to the City and the Union, request
thatt the City cease deducting from his/her wages. A Union official (President, Vice President,
Secretary Treasurer, or District President) shall verify by a form to be provided in this Contract that the
member has notified the Union of the request to cease deducting dues.
7.6 A request for dues deduction must be submitted to the City on the following form:
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AUTHORIZATION FOR DEDUCTION OF IAFF DUES
I hereby authorize the City of Tamarac to deduct from my wages, bi-weekly, the currentnormal IAFF dues and to transmit this amount to the Treasurer of the Local 3080, lnternational
Association of Firefighters.
I understand that this Authoization is voluntary and that I may revoke at any time bygiving the City notice in writing.
Name Date
Signature
A request to the City to cease dues deduction must be submitted to the City on the
following form:
INS TO STOP DEDUCTION OF IAFF DUES
I hereby instruct the City of Tamarac to stop deducting from my wages bi-weekly the
current normal dues for Local 3080, lnternational Association of Firefighters. I have noiifiedLocal3080 of the revocation.
Name Date
Signature
VERIF OF NOTICE TO UNI ON REGARDING DUES EDUCTION
l,of the IAFF Local 3080verify that
wages.
notified the Union of his/her
Signature Date
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ARTICLE 8
WAGES
8.1 Firefighter, Fire lnspector, Driver Engineer, Lieutenant, Captain
The pay plan for Firefighters, Assistant Fire Marshal, Fire Inspectors, Driver Engineers, Lieutenants and
Captains is attached as Appendix A. The pay plan incorporates the ten percent (10o/o) paramedic pay
previously specified in Article 50 and the five percent (5%) EMT incentive pay previously specified in
Article 24. Cunent inspectors who are not EMTs shall be paid five percent (5%) below the hourly rate
listed in the pay plan. The pay plan includes an additional five percent (5%) adjustment in the pay rate
for those employees who are permanently assigned to a 40 hour work week.
Employees are required to meet all of the job qualifications of the particular step prior to being advanced
to the next step. Required experience will be calculated from the effective date of advancement from
the prior step.
A step increase shall become effective upon the date that all requirements have been met.
8.2 Eligibility for Firefighters to move from the initial hiring step, i.e. the probationary step include: the
successful completion of probation, as determined by the Fire Chief, including Paramedic Precepting
Program, demonstrated proficiency in Fire Operations by passing Minimum Company Standards
Evaluation. Until probationary Firefighter/Paramedics successfully complete the Paramedic Precepting
Program and pass all Minimum Company Standards Evaluations, as determined by the Fire Chief, their
hourly pay shall be 5o/o below Step 1 of the Firefighter Paramedic Pay Plan. Employees who
successfully complete the Paramedic Precepting Program and meet Minimum Company Standards
within their first year, and then successfully complete their 12-month probationary period and are
recommended for regular status in accordance with Article 29 are considered to have completed Step 1
and are eligible to move to Step 2 in the Pay Plan on the one-year anniversary.
8.3 Eligibility for Fire lnspectors to move from the initial hiring step, i.e. the probationary step include:
the successful completion of probation, as determined by the Fire Chief and demonstrated proficiency in
Fire Operations by passing Minimum Company Standards Evaluation.
8.4 Eligibility requirements* for Firefighters, the Assistant Fire Marshal, and Fire lnspectors to move
from one step to the next step includes: one (1) year in the current step, and three additional (3)
credits* in a Fire Science, EMS, Nursing, Emergency Administration and Management, Public Safety
Administration, or Fire Protection in course work at the National Fire Academy, the State Fire Academy,
other accredited educational institution, or training facility approved by the Fire Chief. lf the course work
is an elective course it must be a viable option to fulfill a degree requirement in one of the above
degrees. lt is the parties' understanding that accredited educational institutions only include colleges
and universities which are accredited by recognized, well established entities.
OR
One (1) year in the cunent step and one ('1) additional course** in the following specific areas (for credit
or certificate): Apparatus Operator, Aerial Apparatus Operator, lncident Command, or Safety Officer, as
approved by the Fire Chief.
8.5 Eligibility requirements* for Driver/Engineer to move from one step to the next step include
One year as Driver/Engineer in the previous step and successful completion of the educational
requirements for Firefighter maximum step.
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OR
One year as a Driver/Engineer in the previous step and three (3) additional credits"* in a Fire Science,
EMS, Nursing, Emergency Administration and Management, Public Safety Administration, FireProtection in course work at the National Fire Academy, the State Fire Academy, other accreditededucational institution, or training facility approved by the Fire Chief. lf the course work is an electivecourse it must be a viable option to fulfill a degree requirement in one of the above degrees. lt is theparties' understanding that accredited educational institutions only include colleges and universitieswhich are accredited by recognized, well established entities.
OR
One year as a Driver/Engineer in the previous step and one (1) additional course** in the followingspecific areas (for credit or certificate): Apparatus Operator, Aerial Apparatus Operator, lncidentCommand or Safety Officer, as approved by the Fire Chief.
" Employees who have obtained a State of Florida Fire Officer 1 Certification, an Associates orBachelor's Degree in Fire Science, EMS, Nursing, Emergency Administration and Management, public
Safety Administration, Fire Protection, or an equivalent number of credits necessary to meet therequirements of Firefighter maximum step are deemed to have met the requirements for the eligibilityrequirements as specified in 8.4 and 8.5. Othenruise, educational requirements are considered to beeither three (3) credits in a Fire Science, Nursing, Emergency Administration and Management, public
Safety Administration, Fire Protection or EI\IS Program in course work at the National FirJAcademy, theState Fire Academy, other accredited educational institution, or training facility approved by the FireChief or one ('l) additional course per firefighter step and can be acquireO at any time piior to theadvancement to the next step. lf the course work is an elective course it must be a viable opiion to fulfilla degree requirement in one of the above degrees. lt is the parties' understanding that accreditededucational institutions only include colleges and universities which are accredited by recognized, wellestablished entities.
*" Each step requires the separate completion of three (3) credits or one course that is different and inaddition to th'e credits or courses used to meet the requirements of a previous step. EMT or paramedic
credits shall not be used to satisfy the non-elective course requirements. Employees must obtain a ,,C"
or better for non-elective course credits to be applied.
8.6 The requirements for a member to move to the rank of Lieutenant or Captain include thesuccessful completion of the competitive promotional process and selection by the Fire Chief.Lieutenants and Captains are eligible for a one step increase after each year of serviie in the step, untilreaching the maximum step.
8.7 The educational requirements in Article 8 are the responsibility of the employee and shall not becompensable time unless, in the sole and exclusive discretion of the Fire Chief, courses are scheduledfor on-duty training.
9 8 A Firefighter who is promoted to Driver/Engineer or Lieutenant shall be placed at theDriver/Engineer Step 1 or the Lieutenant SJgn t, respectively, of the classification specified in AppendixA, or at the next higher step which provides an increase of at least five (5) peicent to his/irer payspecified in Appendix A. A Driver/Engineer who is promoted to Lieutenani shall be placed at theLieutenant Step 1 of the classification specified in Appendix A, or at the next higher step which providesan increase of at least five (5) percent to his/her rate of pay specified in Appendix A. A Lieutenant whois promoted to Captain shall be placed at the Captain Step 1 of the classification specified in AppendixA, oratthe next higherstep which provides an increase of at leastfive (5) percentt,o his/herrate'of payspecified in Appendix A.
8.9 An employee who meets the requirements for and is promoted to any position, and subsequenlydoes not meet the requirements for the position will be demoted to his/hei former position or the nextlowest position in which a vacancy exists and for which the employee meets the requirements, effectivethirty (30) days after the date that the employee does not meet his/her position's requirements. This
13
thirty (30) day period will begin after the employee retums from long-term FMLA or military leave, if
applicable. An additional extension of thirty (30) days may be requested and will be provided by the Fire
Chief if the employee can show he or she is making good faith efforts to meet the requirements. A
demoted employee shall be placed at the next lower step for the position to which they are moving in
Appendix A which provides a decrease of at least five (5) percent to his/her pay rate. ln order for the
demoted employee to be subsequently considered for promotion, the demoted employee must be eligible
for, take and pass the promotional exam, and be placed on the promotional list in accordance with Article
32.
8.10 Fire lnspecfior Standby Pay - Fire lnspectors who rotate standby duty will receive a $75 per
month stipend. lf called in, the member will receive compensation pursuant to Article 10, Overtime.
8.11 The Pay Plan effective October 1,2018, October 1,2019, and October 1,2020 is specified in
Appendix A.
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ARTICLE 9
LONGEVTTY PAy
9.1 Longevity will be paid as additional pay through the regular payroll process every two weeks.
Longevity pay will be calculated based on the number of years of continuous service with the Fire
Rescue Department.
Years Percentage
8I
10
11
12
13
14
15
16 and each year thereafier
1olo
1o/o
2o/o
2%
3o/o
3o/o
4o/o
4o/o
5o/o
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ARTICLE 10
OVERTIME PAY
The City and the Union agree to the following:
10.1 ln the event that the need for overtime should occur in the Fire Rescue Department because of
vacations, sickness, or other conditions, overtime shall be paid at the rate of one-and-one-half (1-
1/2) times the regular rate of pay for hours worked above the one-hundred and forty-four (144)
hours listed under an FLSA 207(k) exemption for that twenty-one (21) day period. The new
twenty-one (21) day pay period is effective beginning on Saturday, January 9, 2016. Paid sick
leave used during the twenty-one (21) day period is the only paid leave that shall not count as
hours worked for purposes of calculating overtime.
10.2 Overtime is caused when one or more of these three conditions are not met:
All in-service vehicles must be staffed with a company officer or acting company officer
from the cunent promotional list. The Battalion Chief or acting Battalion Ghief may also
assign other shift members to act as a company officer on a rescue vehicle. There must
be two promoted company officers on duty working in the capacity of company officer per
shift.
a)
b)
c)
d)
One Driver/Engineer on duty working in that capacity.
One certified paramedic who has passed paramedic preceptorship on each rescue unit.
ln the event that a Battalion Chief assigned to a Z4-hour shift is on leave AND overtime is
required to meet minimum staffing requirements, the vacancy shall be filled.
Except as specified in this article, current overtime assignment practices will continue to the
extent that circumstances are the same. lf an employee accepts an overtime assignment for less than
twelve (12) hours, then he shall not lose his position on the overtime list. He shall still be able to accept
another overtime assignment of up to twenty-four (24) hours before moving to the bottom of the overtime
list. Employees who were not contacted will not lose their positions on the list.
10.3 Except for mutuals, personnel shall not be scheduled for more than thirty-six hours (or thirty-nine
hours) of continuous onduty status, unless the Fire Chief or his designee specifically approves.
1O.4 The Union is responsible for maintaining accurate overtime rosters for Company Officer,
Driver/Engineer, Firefighter, and Fire lnspector, until Telestaff, Executime or other City timekeeping
system is operational.
10,5 Overtime assignments will be made on a position for position basis, i.e. the same rank or those
on the promotional list or those on the acting list for the rank which caused the need for the overtime.
Employees shall work out of title as acting company officer on transport units.
10.6 Non-shift employees shall be compensated at one-and-a-half times their regular rate of pay for
hours worked (or where paid leave, except sick leave, is granted by the City) in excess of forty (40) hours
during the worloreek. Paid sick leave shall not count as hours worked for purposes of calculating
overtime.
16
ARTICLE 11
CALL-BACK PAY
11.1 All Fire Rescue Department employees covered by the terms of this Agreement who are called
back to work after the completion of their regular shift will receive a minimum of three (3) hours of call-
back pay at one and one-halt (1-112) times their regular rate of pay.
11.2 Reporting to work early or being held over after a work shift e.g. being required to work for a
period of time which is outside the normal shift but contiguous to the normal shift, is not a call-back and is
not subject to call-back pay. However, an employee will not be entitled to call-back pay if he/she is
ordered to work before or after his/her scheduled shift if the employee is already in or at the Fire Station
or work location at the time the employee is ordered to work.
11.3 When the Department provides at least seven (7) days advance notice, employees who are
scheduled to work outside of a regularly scheduled work shift shall not be entitled to any call-back pay,
and will be paid for the hours worked, as appropriate.
11.4 Off-duty employees who are requested to appear by or on behalf of the City for inquiries,
investigations, or any other type of meeting as a result of actions taken or observations made while on
duty, shall be paid a minimum of three (3) hours at one and one hal'f (1-112) times their regular rate of
pay, provided that the appropriate chief officer is notified prior to the employee's appearance.
l7
ARTICLE 12
BASIC WORK WEEK
12.1 The normal work week for the term of this contract shall be no more than an average of forty-
eight (48) hours.
12.2 Employees regularly scheduled to work a 24 hour shift shall do so, commencing at 0800 hours,
with 48 hours of regularly scheduled time off after the completion of each shift. Those serving in the
capacity of ading battalion chief may be required to work a schedule commencing at 7:30 a.m.
12.3 The normal work week for personnel not assigned to a forty eight (48) hour work week shal! be
forty (40) hours.
12.4 Except for mutuals, personnel shall not be scheduled for more than thirty-six hours (or thirty-nine
hours based on operational need) of continuous on-duty status, unless the Fire Chief or his designee
specifically approves.
12.5 The City will endeavor to provide as much notice as is reasonably possible prior to implementing
a change in shffi or a change from shift to a 40 hour work week.
12.6 Members of the bargaining unit, whose normal work week is 48 hours and who are temporarily
assigned by the Chief to a 40 hour work week to accomplish an operational need of the department
(except light duty or remediation) which is outside of their shift and is for a period of time in excess of 40
hours will receive an additional 5% pay over their base rate of pay for the duration of the operational
assignment.
l8
ARTICLE 13
WORKING OUT OF TITLE
13.1 Except as otherwise set forth below, when an employee is assigned to work in a higher
classification, he/she shall be paid an additional one dollar and sixty cents (91.60) per hour for the higher
classification.
13.2 Members who are on cunent lists for positions of Driver, Lieutenant and Captain shallwork out of
title in those positions, as assigned. The Battalion Chief or acting Battalion Chief may also assign other
shift members to act as a company officer on a rescue vehicle to meet operational needs.
13.3 Personnel not on a promotional list may be assigned to work out of title when an on-duty
employee takes unscheduled leave,
13.4 An acting Battalion Chief is the Lieutenant or Captain assigned on a temporary basis to
coordinate and oversee the operation of the shift for the period assigned. An emptoyee assigned as an
acting Battalion Chief will receive additionalcompensation as outlined in 13.1.
t9
ARTICLE 14
VACATION
14.1 Personnel assigned to a 48 hour work week covered by this Contract shall accrue paid
vacation time as follows:
(a) 0 - 60 months employment: 12 hours for each completed month of service.(b) 61 - 120 months employment: 16 hours for each completed month of service.(c) Over 120 months employment: 18 hours for each completed month of service(d) Over 240 months employment: 20 hours for each completed month of service
14.2 Personnel assigned to a 40 hour work week shall accrue paid vacation time for such periods as
follows:
(a) 0 - 60 months of employment 8 hours for each completed month of service.(b) 61 - 120months of employment: 10 hoursforeach completed month of service.(c) Over 120 months of employment: 12 hours for each completed month of service.(d) Over240months employment: 14 hoursforeach completed month of service.
14.3 Vacation leave may be accumulated but not in excess of 500 hours. Vacation leave in excess
of the above amount shall be forfeited at the end of the calendar year.
14.4 Any employee who is separated from the service (resignation, death, retirement including
entering DROP, or discharge) shall be compensated in cash up to 400 hours of accrued and unused
vacation time at his/her rate of pay which is set out in Appendix A at the time of separation, provided
he/she has been approved for benefits by the City Manager.
14.5 Schedules for vacation shall be subject to the approval of the Fire Chief or his designee and
shall be based upon the needs of the Department.
14.6 Personnel assigned to a 48 hour work week shall take a minimum of 96 hours of scheduled
vacation leave each calendar year after the first year of employment. Failure to take vacation leave of
96 hours shall result in the unused balance (i.e. the difference between the 96 hours minus the actual
hours used) of vacation leave being forfeited at the end of the calendar year, unless the Fire Chief
allows some carry over for exceptional reasons and upon conditions designated by the Fire Chief.
14.7 All vacation leave or compensatory leave for employees who are scheduled to work 48-hour
work weeks must be taken in blocks of 12 hours, commencing either at 0800 hours or 2000 hours, or
in 24 hour blocks, commencing at 0800 hours. Vacation and compensatory leave may be approved in
4-hour blocks at the end of the requesting employee's prior shift only if leave slots are available for the
next shift.- All vacation and compensatory leave for employees who are scheduled to work a 4O-hour
workweek must be taken in half-hour increments.
14.8 Requests for vacation or compensatory leave in blocks of 4 hours or 6 hours for educational
purposes may be granted, with the pre-approval of the Fire Chief or designee.
14.9 lf two or more members independently agree to any mutual exchange agreement, it must be in
one hour blocks, subject to prior approval by the Battalion Chief. Mutual exchanges shall be permitted
on a position for position basis, i.e. the same rank and between employees who are eligible and
approved to work in the same capacity. Mutual exchanges shall not incur any costs to the City. A
member shall only utilize a maximum of two (2) mutual exchanges in a 24 hour shift.
20
ARTICLE 15
HOL]DAYS AND PERSONAL LEAVE
15.1 All employees covered by this Contract, that are assigned to a 48-hour work week when a holidayoccurs, shall rbceive, in addition to his/her regular pay, eleven (11) hours pay at his/her rate for each ofthe following holidays:
NEW YEAR'S DAY
MARTIN LUTHER KING'S BIRTHDAY
PRESIDENT'S DAY
MEMORIAL DAY
INDEPENDENCE DAY
I-ABOR DAY
VETERAN'S DAY
THANKSGIVING DAY
DAYAFTER THANKSGIVTNG
CHRISTMAS EVE
CHRISTMAS DAY
All employees on a 40 hour work week, covered by this Agreement, shall receive each holiday as
a paid day off.
15.2 All employees covered by this Contract shall be allowed twenty-four (24) hours of personal leave
accumulated on October 1 of each fiscal year. Personal leave must be scheduled and approved inadvance, except for emergencies. Such leave must be taken in the fiscal year which it is awarded.Failure to take this personal leave within the specified time frame shall resutt in forfeiture of same.
15.3 All accrued holiday pay as of December 1st of each year will be paid in one (1) lump sum on thefirst pay day in December or December 7h, whichever comes first, to all shift personnel.
15.4 All employees who are scheduled to work during a holiday, and who incur any unscheduled
leave shall not be entitled to holiday pay for that hotiday.
2l
ARTICLE 16
MEDICAL COVERAGE PROGRAM
16.1 The City shall provide group health insurance for its regular full-time employees, covered by
this Agreement, subject to the following conditions:
The City may establish, change, supplement and implement the City health insurance program,
including but not limited to changes in the Company, benefits, and all costs related thereto. The only
exception to the foregoing sentence is that if the City exercises its right to implement any such
changes, it will provide reasonable notice and discuss with the Union the explanation of changes and
reasons therefore. The City agrees that it will continue as in the past to include the Union in the
selection process for any insurance coverage contemplated by this Article.
16.2 Retirees may continue to participate under the medical insurance program provided by the City,
subject to City requirements including paying the full insurance premiums for medical insurance
coverage.
16.3 ln the event a member is killed in the line of duty or suffers a catastrophic injury as defined in
F.S. 440.02 (2002), the City will compensate the member ancUor the surviving spouse and dependent
children in accordance wtth F.S. 112.191.
22
ARTICLE.lT
SICK LEAVE
17.1 Sick leave time will be earned at the rate of twelve (12) hours for each month of service based on
a forty-eight (48) hour work week. (There will be no limit to the amount of sick leave days accumulated.)
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/her 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 othercompetent authority for the period of such quarantine.
17.2 An employee who is absent from work due to an illness or disability may be required to submit aphysician's statement of physical illness. When deemed necessary, the Department Head may requireproof of any illness.
17.3 Any employee of the bargaining unit who uses no sick time in any one of the four (4) quarters inthe fiscal year will receive six (6) additional hours of vacation leave for each quarter in which no sickleave is used, as defined below:
October 1 to December 31;
January 1 to March 31;
April 1 to June 30;
July 1 to September 30.
lf any employee uses no sick time at all during any fiscal year, he shall accumulate twelve (12) additionalhours for a total of 36 hours for the year.
17 4 All employees assigned to a forty hour work week shall accumulate sick leave at the rate of eight(8) hours per month.
'17.5 A regular employee on record and paid status (regularly scheduled to a 48-hour work
week) on the last day of the fiscal year (September 30) who has either: (1) used twenty-four(24) hours or less of accrued sick leave in that fiscal year and has an accrued sick leavebalance of 300 hours at the end of that fiscal year OR (2) has an accrued sick leave balance of400 hours at the end of that fiscal year without regard to the number of sick leave hours used
during that fiscal year shall be eligible to participate in the firefighter's sick leave conversionprogram. An employee meeting these requirements may choose to have the City convert to
"?s_!^!p to.sixty (60) hours of the unused accrued sick leave which accumulated that fiscal year
at 60% of the employee's rate of pay as set out in Appendix A, which is in effect on the last dayof that fiscal year.
17.6 A regular employee on record and paid status (regularly scheduled to a 40-hour workweek) on the last day of the fiscal year (September 30) who has either: (1) used twenty (20)
hours or less of accrued sick leave in that fiscal year and has an accrued sick leave balancL of280 hours at the end of that fiscal year OR (2) has an accrued sick leave balance of 380 hours
23
at the end of that fiscal year without regard to the number of sick leave hours used during that
fiscal year shall be eligible to participate in the firefighter's sick leave conversion program. An
employee meeting these requirements may choose to have the City convert to cash up to forty
(40) hours of the unused accrued sick leave which accumulated that fiscal year at 60% of the
employee's regular rate of pay in effect on the last day of that fiscal year.
17.7 The City's Payroll Office must receive written notification by October 31 signed by the
employee which states that he/she chooses to exercise this option for the fiscal year ending
September 30. The employee forfeits the right to participate for that fiscal year if he/she fails to
notify the Payroll ffice within the required timeframe.
17.8 Contributions to the Time Pool Bank do not count as hours used for that fiscal year under
the conversion program described in Sections 17.5 and 17.6. However, the leave balance
remaining after contributions must meet the requirements in 17.7 and 17.8.
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ARTICLE 18
ON-THE-JOB INJURY
18-1 Any employee who is disabled in the course of his/her tour of duty with the City of Tamarac,s FireRescue Department, which disability would be compensated under the Worker's Compensation Statutesshall be compensated under the Worker's Compensation provisions, as set forth in F. b. Chapter 440, asamended.
18.2 An employee, as covered under this contract, shall be paid his/her full salary during the firstaverage Firefighter work week during his/her absence as a result of the work related injury, to iiclude thetime lost on the date or shift during which the injury occurred.
18.3 lf an employee is unable to return to work after the first week, the City will supplement theemployee's Worker Compensation benefits so that the employee shall receive a total oi eighty-fivepercent (85%) of his/her gross houdy rate of pay until such a time as the employee returns-to-work(either full duty or light duty), terminates, or retires, whichever occurs first. The Worker's Compensationbenefit shall be paid directly to the employee, in accordance with applicable law. The remaining portionshall be paid by the City to the employee in compliance with applicable law. Accrued leave mJy'not beused during the period while the supplement equal to eight-five percent (8S%) of the employee:s grosshourly rate of pay is being paid to the employee.
18,4 Whenever an employee is injured on the job and is on disability leave and becomes physicallyable to perform some useful light duty work for the City, he/she may be required to do so as a conditionto receiving the benefits specified in this nrtlc]9 Light duty work shall be consistent with the employee,smedical limitations and will first be sought within the Fire Rescue Department. lf it is not availaOie in tneFire Rescue Department, it may be provided in any other Department. Atl employees assigned to lightduty shall normally work five (5) - eight hour days. All outside employment'by employeLs receivingworker's compensation benefits shall require approval by the Fire chief. -
18.5 A member, during their duty period, who presents with chest pain or chest discomfort, possiblecardiac issues, respiratory issues, or in the opinion of a treating paramedic has any other potentially
serious medical emergency, will have their carbon monoxide levels assessed in the field, and'recorded,as soon into the treatment as practicable, in addition to any other assessment and treatment as definedin local medical/trauma protocols, procedures and standard of care. ln the event the member is no longeron duty, AND has responded to an emergency incident within the prior 24 hour period, the membei isauthorized and encouraged to have their carbon monoxide levels assessed in the field, or at thetreatment facility, as soon into the treatment as practicable, in addition to any other assessment andtreatment as defined in local medical/trauma protocols, procedures and standard of care.
25
ARTICLE 19
PRESUMED COMMUNICABLE
DISEASES
19.1 Recognizing the Firefuhters increased risk to communicable, deadly diseases on the job, the
City agrees to thefollowing:
A.An employee who has at least one (1) year of continuous service and who contrac{s
AIDS, Hepatitis, or Gancer, will be entitled to be compensated as in the "ON-THE-JOB
INJURY, Article 18.
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ARTICLE 20
WELLNESS PROGRAM
20.1 The Wellness Program will commence at 1600 hours. On Saturday and Sunday, times may
vary as directed by Battalion Chief.
20.2 The Wellness Program, medical evaluation program and physical performance program shall
be reviewed by a committee composed of two (2) representatives of the Bargaining Unit, two (2)
representatives of Administration and these four (4) shall choose a fifth member.
20.3 The committee shall make recommendations annually by March 1st with respect to the
following:a. Maintaining and replacing necessary equipment or gear including funding
recommendations for such; andb. The Wellness Program.
20.4 An employee, during his/her period of employment, may be required to undergo periodic
medical examinations to determine his/her physical and mentalfitness to perform his/her job.
Such periodic medical examinations shall be at the expense of the City.
20.5 Participation in the Wellness Program shall be mandatory
20.6 All 48-hour employees, other than those medically unable to do so, shall participate in the
Wellness Program for at least (1) hour per shift. Those employees assigned to a forty (40) hour work
week, other than those medically unable to do so, shall participate in the wellness program for one (1)
hourperday, two (2) days perweek.
20.7 Physical examinations shall be voluntary for members who were hired on or before February1,2004. Members hired on or after February 1,2004 and members who are on the Special
Operations Team shall undergo a mandatory physical examination. Employees who undergo
mandatory physical examinations will be compensated for their time and the physical examination will
be scheduled at the discretion of the City.
20.8 For those members who undergo mandatory physical examinations, the examining physician
will initially discuss the results with the unit member and thereafter, will furnish a written confirmation to
the Fire-Rescue Chief that the unit member was examined and the unit member can or cannot perform
the essentialjob requirements ot. the membeds job classification. theSpecialOperationsassignment.
20.9 The annual physicalexamination shall be performed by a Fire Rescue Physician which shall be
chosen mutually between the City and the Union.
20.10 The record of the annual physical examination shall be retained by the examining physician.
20.11 The City and the Union mutually agree to strive for a healthier and safer environment for all.This would include but not be limited to providing annual employee Fit test, annual employee
physicals, and infectious disease control measures in accordance with CDC and NFPA guidelines.
Both parties agree to continually pursue other wellness program ideas and options to enhance the
health and safety of firefighters.
27
ART]CLE 21
SUBSTANCE ABUSE
21.1 The City and the Union recognize that employee substance and alcohol abuse may have an
adverse impact on City govemment, the image of City employees, and the general health, welfare and
safety of the employees and the general public at large. Therefore, the parties agree that the City of
Tamarac Drug and Alcohol Free workplace policy shall be adhered to by all members of the bargaining
unit. The City has required all non-bargaining employees to comply with the policy set forth herein.
The City of Tamarac shall have the right and authority to require employees to submit to toxicology
and alcohol testing designed to detect the presence of any controlled substance, narcotic, drug or
alcohol.
2'1.2 lt is understood and agreed that the tests conducted under this Article shall be administered in
a purely employment context only as part of the City's legitimate inquiry into the use of any controlled
substance, narcotic, drug or alcohol by its employees.
21.3 All tests shall be conducted in medical laboratories using recognized technologies. ln the event
an employee's test is positive, a second test shall be conducted to vertfy the results. lf the employee
so requests, he/she shall be given a copy of the test results after the employer has received same.
21.4 The resuhs of such test may result in appropriate disciplinary actions, up to and including
dismissal, in accordance with the applicable provisions of the City Code, the City Personnel Rules, the
City's Drug and Alcohol Free Workplace Policy, and/or the Departmental Rules and Regulations.
21.5 The parties agree that any employee's refusal to submit to toxicology or alcohol testing in
accordance with the applicable provisions of the City Code, the City Personnel Rules, the City's Drug
and Alcohol Free Workplace Policy, and the Departmental Rules and Regulations shall be subject to
disciplinary action up to and including the termination of their employment.
21.6 The City agrees to create an Employee Assistance Program (EAP) and to fund it during the
term of this Agreement.
21.7 The Union agrees to comply with the drug and alcohol testing provisions of the Workers'
Compensation Law of Florida, as amended. The Union recognizes that the Law provides for drug
testing as a part of an examination relating to an on the job injury.
21.8 The City agrees to provide yearly briefings which will cover all aspects of the Drug and Alcohol
Free Workplace Policy and employees will be given the opportunity to ask any questions they may
have concerning the Policy. All employees covered by this agreement shall be given copies of the City
of Tamarac Drug and Alcohol Free Workplace Policy.
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ARTICLE 22
TIME POOL BANK
22.1 Upon Union notification to the City of an employee with a long-term illness/injury (including
medically reguired leave due to the employee's pregnancy), the employee will be put on a 40 hour
work week during the time period in which the employee is draWing time from the Time Pool Bank.
22.2 Said employee will use one (1) months' time of his/her sick leave (or vacation upon exhaustion
of sick leave), and then will become eligible to draw time from the time pool, if approved by the Union
Time Pool Committee. The Time Pool will provide up to two (2) months' time per member incident
involving long-term illness/injury (including medically required leave due to the employee's pregnancy.)
22.3 After the two (2) months' time pool leave, the employee must use up all his/her accrued time
before being eligible for a leave of absence without pay, in accordance with Article 23, Leaves of
Absence.
22.4 Upon Union notification to the City of a time assessment of Union member(s), the City will
begin the necessary payroll deductions. The City will document and record the employee deduction
and accumulation of hours in the time pool. The City will fonrrrard a monthly statement to the Union.
22.5 The Union shall promulgate rules and guidelines to administer this article in compliance with all
legal req uirements to ensure non-discri m ination.
29
ARTICLE 23
LEAVES OF ABSENCE
23.1 Leaves of absence without pay for a period not to exceed forty-five (45) days may be granted
to an employee with regular status for any reasonable purpose by the City Manager or his/her
designee. Such leaves may be renewed or extended for any reasonable purpose not to exceed one
(1) year.
23.2 Any employee may, upon request, be granted a leave of absence without pay by the City
Manager or his/her designee for educational purposes at an accredited institution when it is related to
his/her employment. The period, not to exceed one (1) year may be renewed at the request of the
employee.
23.3 Leaves of absence, with or without pay, may also be granted to employees by the City
Manager or his/her designee if it is determined that 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 upgrade individual skill or professional ability.
23.4 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 Florida Statutes.
23.5 Any employee who is on duly authorized paid leave of absence will continue to maintain all
benefits including seniority, and health benefits. Alljob-related benefits will cease when an employee's
leave of absence is in excess of thirty (30) days. Any member may elect to continue hospital and/or
personal insurance plans by personally making future payments for this coverage.
23.6 No employees shall accrue seniority, vacation or sick leave credits while on an authorized
leave of absence. Upon reinstatement, these benefits will be at the level they were at the beginning of
the leave and will accrue at the same rate as prior to the authorized leave.
23.7 The City shall comply with the Family and Medical Leave Act.
30
ARTICLE 24
INCENTIVES
24.1 lncentives will be paid as additional pay through the regular payroll process every two weeks as
detailed in Article 24.2.
24.2 lncentives for the foltowing educational achievements or certifications will be paid in the regular
paycheck every two weeks.
A. Effective 10-1-2018, only one incentive shall be provided in the below amount to
employees who have achieved one of the following certifications:
1. $550 ($21.16 in the regular paycheck every two weeks) for Florida Fire
Service lnstructor ll as defined in Florida Administrative Code 694-37.0592. $750 ($28.85 in the regular paycheck every two weeks) for Florida Fire
Service lnstructor ll with Live Fire Training lnstructor rating, as defined in
Florida Administrative Code 69A-37.059 and 694-37-407.3. $800 ($30.77 in the regular paycheck every two weeks) for Florida Fire
Service lnstructor lll as defined in Florida Administrative Code 694-37.059
4. $650 ($25 in the regular paycheck every two weeks) for Fire Officer ll, as
defined in Florida Administrative Code 694-37.0655. $900 ($94.02 in the regular paycheck every two weeks) Fire officer llt, as
defined in Florida Administrative Code 69A-37.0656. $1,000 ($38.47 in the regular paycheck every two weeks) Fire Offlcer lV,
or higher, as defined in Florida Administrative Code 69A-37.065
7. $850 ($32.70 in the regular paycheck every two weeks) for Fire Safety
lnspector ll as defined in Florida Administrative Code 694-37.065.8. $1,000 ($38.70 in the regular paycheck every two weeks) for Fire Code
Administrator/Fire Marshal as defined in Florida Administrative Code 694-
37.065.
Maintenance of these certifications is the sole responsibility of the person holding
the certification.
Employees meeting the qualifications in 24.2.D below shall receive only one of
the following:
1. Associates Degree in Fire Science, EMS, Nursing, Emergency
Administration and Management, Public safety Administration, or Fire
Protection - $1,560 ($60 in the regular paycheck every two weeks).
Bachelor's Degree in Fire science, Fire Administration, Fire Engineering,Fire Protection Technology, Emergency Management, EMS, Nursing,
Health Care Administration, Industrial Safety, Occupational Safety, Risk
Management, Human Resources, Leadership and Management,Professional Management, Organizational Studies, paramedic
science/Technology, Business Administration, public Administration,
Criminal Justice, or any other similar degree program approved by the Fire
Chief - $2,600 ($lOO in the regular paycheck every two weeks).
2
31
C. Employees achieving their educational milestone or certification shall be paid the
incentive effective the payroll period that the milestone was reached, or
certification awarded.
D. Only those employees having degrees from accredited institutions will be eligible
for payment under 24.2 D. lt is the parties' understanding that accredited
educational institutions only include colleges and universities which are listed
within'the U.S. Department of Education's Database of Accredited Postsecondary
lnstitutions and Programs. ln the event an employee completes a qualifying
degree ftom an institution that meets the accreditation requirements at the time of
graduation, but that institution subsequently loses its accreditation, the employee
will remain eligible for incentivesin24.2.D.
32
ARTICLE 25
EDUCATION REIMBURSEMENT PROGRAM
25.'l Each year, the City shall budget an educational fund of $40,000 and sufficient additional funds,
if neeessary, to reimburse each employee the tuition and reimbursable expenses, as defined in Article
25.4, for one approved, 3-credit course or equivalent "approved course/training' started by August 15u
of each year and successfully completed in accordance with Article 25.2before August 15h of the next
year. Education or training courses must be taken at an institution approved by the Florida State Fire
College or from an entity approved by the Fire Chief or designee. College level courses shall be taken
at accredited educational institutions which include colleges and universities that are listed within the
U.S. Department of Education's Database of Accredited Post-Secondary lnstitutions and Programs.
Final approval of courses shall come from the Fire Chief or designee.
25.2 To obtain education reimbursement, an employee shall: (a) complete the Course/Program Pre-
Approval Form, (b) submit the completed form to their immediate supervisor, and (c) receive written
approval from the Fire Chief or designee before the start of the course. An employee shall submit to
the Fire Chief or his designee within two weeks from the start of the course an itemized receipt of the
tuition and reimbursable expenses, and submit evidence of the satisfactory completion of the
course/training to the City within thirty 30 days of completing the course, and no later than August 30h
of each year to be reimbursed for the approved course.
25.3 After all employees have had the opportunity to take one approved course each year (between
August 15m and the following August 14t'), if there is any remaining balance of the educationalfund of
$40,000, employees who take and satisfactorily complete additional approved courses will receive a
pro rata reimbursement (up to the reimbursement rate in 25.4) for the additional approved course or
courses completed based on educationalfunds remaining and the amount spent by each employee for
the additional approved courses up to $2,500. ln the event that there is a remaining balance in the
educational fund, employees who take and satisfactorily complete additional approved courses will be
eligible for a pro rata reimbursement which shall not exceed the rates outlined in 25.4.
25.4 The City shall reimburse employees at the rate up to the per credit hour of the undergraduate
tuition rate, except if the approved course is a graduate cburse the reimbursement rate shall be up to
the per credit hour of the graduate tuition rate, approved by the Florida Board of Regents for Florida
Atlantic University as of August 15m of each year. Reimbursable expenses within the credit hour rate
are: tuition, tuition differential fees, capital improvement fees, financial aid fees, activity and service
fees, athletic fees, health fees, e-learning fees, lab fees and technology fees. The City shall not pay
for: late registration fees, miscellaneous supplies, travel time or travel expenses, cost of transcripts,
certificate fees, collection fees, textbooks, orientation fees, late payment fees, lD card fees,
reinstatement fees, transportation access fees, out of state, or repeat course surcharges.
25.5 All education reimbursements under this Article will be paid by the City by direct deposit as
employees fulfill all requirements of Article 25.2. Reimbursements will be made no later than
September 30h of each year, and may be subject to taxation per applicable laws. Reimbursements for
additional approved courses as described in Article 25.3 will be distributed, if funds are available, after
August 30h'
25.6 lf an employee does not pass a course with a grade of "C" or better, or does not receive a
"pass" when no letter grades are given, or withdraws from a course, the employee shall not be eligible
for the educational reimbursement for that course.
25.7 lf an employee voluntarily terminates employment with the City within two (2) years after the
date of completion of the course(s), the City shall be reimbursed for all educational reimbursements
paid to the employee within the prior two (2) years, which amount shall be deducted by the City from
the employee's final paycheck.
33
ARTICLE 26
BEREAVEMENT LEAVE
26.1 ln the event of a death in the immediate family of an employee on a 48 hour work week, the
employee shall be granted up to one (1) twenty-four (24) hour shift off with pay. An additional twenty-
tour (24) hour shift will be granted for an employee who travels over 250 miles to attend the service.
26.2 lmmediate family shall be defined as employee's spouse, children, mother, father, sister,
brother, step parents, step grandchildren, grandmother, grandfather, father or mother-in-law,
grandchildren, son or daughter-in-law, brother or sister-in-law and; upon proof, any person in the
general family whose ties would normally be considered immediate family and living within the same
household.
26.3 The City reserves the right to require documentation supporting approval of bereavement leave
after the employee retums to work.
26.4 Applications may be made to the Fire Chief and/or his/her designee for extension ot
bereavement leave. The compensation for this additional leave will be paid from any accrued leave
time available (sick leave, personal leave, vacation leave), at the employee's choice.
26.5 Employees assigned to a 40 hour work week shall be granted three (3) working days of
bereavement leave with pay in the event of a death in the immediate family within the State of Florida.
Five (5) working days will be granted in the event of a death, which requires the employee to travel
over 250 miles to attend the service.
34
ARTICLE 27
UNIFORMS
27.1 The City shall supply as needed to each member, at no cost to the member:
Dress Uniform:
Short sleeve and long sleeve, button shirt with Fire Rescue Patch, white for
Lieutenants, Captains, and lnspectors, blue for all others.
Dark blue pants
Black belt
Badge
Nametag
Collar lnsignia, if applicable
Paramedic or EMT patch (except for long sleeve button shirt)
Daily Uniform:
Short sleeve polo type shirt, with Fire Rescue and Union embroidery in chest and
TAMARAC FIRE RESCUE on back
Dark blue pants
Black belt
Blue baseball style cap with approved Union logo
c.Work Uniform:
$hrs €+-t#hi+e short and long sleeve T-shirt with approved Union logo
Dark blue pants
Black belt
Tum-out Gear:
Helmet
Coat
Pants
Boots
Gloves
Hood
Suspenders
SCBA Mask
e.Miscellaneous:
Blue winter jacket
Grey or Blue sweatshirt with approved Union logo
Jumpsuit
Where specified above under multiple lists, one item may serve to complete more than one uniform.Whenever possible, components shall be approved for structural firefighting under the appropriate
NFPA standard.
27.2 Any member who loses or fails to take proper care in safeguarding his/her equipment shall
replace the equipment at his/her own expense. Personal equipment damaged in the course ofperforming required job duties may be considered for replacement up to an amount of 9100.00 afterpresenting report of breakage or damage to the Department. Personal equipment is defined asglasses, watches, knives, rescue or fire tools, and wedding bands. All lost or misplaced City issued
equipment, clothing or uniforms will be replaced by the employee.
a.
b.
d.
35
27.3 All employees shall wear ANSI approved solid black safety shoes or boots. The City shall
choose the vendors and make available at least eight (8) shoe styles, which shall include traditional
work shoe and boot styles, for individual employee selection.
36
ARTICLE 28
TERMINATION OF BENEFITS
28.1 Vacation time, sick leave, holiday time and overtime (compensatory time) that has beenperformed and is in an accumulated status, will be compensated in accoidance with applicablecontract provisions by check upon termination or entry into the DROP provided at least two weekswritten notice of termination or entry into the DROP has been provided to the City or on the nextpaygay at the option of the employee. lf two weeks written notice has not been provided to the City,the final payment shall be proeessed with the next scheduled payroll.
28.2 The City shall be entitled to withhold all or a portion of the final chec* pending the membefsretum of all City property in his/her custody including, but not limited to, Fire Resc-ue Departmentequipment, health insurance cards, and City identification cards.
37
ARTICLE 29
PROBATIONARY PERIOD/EMPLOYEE (NEW HIRE)
29.1 The probationary period for all new employees shall be one year from the date of employment
as a Firefighter. An employee shall be formally reviewed once after three months, six months and nine
months from date of hire. These reviews shall in no way affect the employee's salary, but rather shall
be a means of notifying the employee, supervisor and City Manager of the employee's progress.
29.2 At any time during the Probationary Period, the Fire Chief or City Manager may terminate the
employee. Any termination prior to expiration of the probationary period shall be final and not subject
to the Grievance Procedure and Arbitration Procedure in this Agreement. Probationary employees
who are terminated or resign from employment with the City of Tamarac shall not be eligible to receive
a payout for accrued vacation time or sick leave.
29.3 Upon the conclusion of the Probationary Period if the Fire Chief and City Manager recommend
continuance of employment, the employee shall be given regular status.
29.4 The probationary period may be extended once for a period of up to six (6) additional months at
the sole and exclusive discretion of the Fire Chief with the approval of the City Manager or his/her
designee.
29.5 Notwithstanding any provision of this Agreement, job benefits for probationary employees in the
area of leave shall be consistent with the leave provisions in this Agreement.
29.6 Probationary employees are not eligible to do mutual exchanges or use vacation leave during
the first six (6) months of their employment with the City except to attend an approved educational
course. Probationary employees will be eligible for mutual exchanges and routinely scheduled
overtime after the first six (6) months of their employment with the City, and after successful
completion of the precepting program.
38
ARTTCLE 30
SENIORITY
30.1 Each employee shall have seniority standing in the Fire Rescue Department equal to theemployee's total length of continuous service with the City of Tamarac Fire Rescue Department.
30.2 Seniority as defined in this article shall be used in the pick of vacations and to determine anymatters involving seniority, which are utilized in this contract.
90 3 Any 'ties' identifled as a result of the use of this article shall be broken by the use of thefollowing criteria:
lf the same:
lf the same:
lf the same:
1. Original Date of Employment
2. Date employee signed the Conditional Offer of Employment3. Date and, if applicable, time employment application was received by Human
Resources Department4. Date application was signed by the employee.
30.4 The Human Resources Department annually will publish a seniority list by September 1"t
39
ARTICLE 31
PERSONNEL REpUCTTON
31.1 ln the event of personnel reduction, employees shall be laid off in the inverse order of their
seniority in the Tamarac Fire Rescue Department. lf more than one (1) classification is affected, an
employee laid off from a higher classification shall be given an opportunity to revert to the next lower
classification, provided that he/she is fully qualified to perform the work in that lower classification.
31.2 Employees shall be recalled from layoff in accordance with their seniority in the Tamarac Fire
Rescue Department. No new employee shall be hired as a Firefighter until all employees on layoff
status in that classification have had an opportunity to return to work; however, such employees may
be required to pass a pre-employment medical examination at time of recall. No laid off employees
shall retain recall rights beyond twelve (12) months from date of layoff.
31.3 An employee being recalled shall be notified by certified mail (return receipt) and shall have
fifteen (15) working days ftom the date of mailing of notice to respond affirmatively. lf 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.
40
ARTICLE 32
PROMOTIONAL EXAMINATIONS
32.1 Promotional examinations will be scheduled by the Director of Human Resources or designee.All examinations shall cover matters which will test the knowledge, skills and abilities of the candidatesto efficiently and effectively perform the duties of the position to be filled.
32.2 Announcements for promotional examinations shall include eligibility requirements, applicationprocedure, date of examination, and a list of the source material to be-used in ti.re developmbnt of thewritten examination. Announcements of promotional examinations shall be made no less than ninety(90) calendar days prior to the date of the examination. Official City of Tamarac e-mait will meet thisposting requirement.
32.3 Promotional examinations will be scheduled at least once every two (2) years or when apromotional list is depleted. The Driver/Engineer and Assistant Fire Marshal examinition will be given
in 2016 and every two years thereafter, prior to June 30h and the Assistant Fire Marshal examin-ationwill be given only if there are two or more eligible candidates. The Lieutenants examination will begiven in 2O17 and every two years thereaftel prior to June 30h. The Captain examination will be given
in 2017 and every two years thereafter, prior to June 30h.
32.4 Promotional examinations may be composed of the following components: an assessmentcenter, practical demonstration of skills, a written test and/or an oral review board; provided that therewill at least be a written test or a written portion of an assessment center. The weights for individualsubcomponents of the examination will be established prior to the administration of the examination.
32.5 All promotions shall be made by using the competitive examination process outlined in thisArticle.
32-6 Each component of the testing process will be valued at 100 points. Each component shallrequire a passing score of 70%. The final score shall be based on the total score of all componentsdivided by the number of components.
32.7 The written test will be drawn from not more than four (4) recognized Fire Department texts,Tamarac Fire Rescue Departmental Policies and Operational GuidelinLs and curreni departmentaimedical protocol manuals.
32.8 The Human Resources Department will notify each candidate of his/her score and thecandidate will be provided an opportunity to review his/her examination packet and score. The HumanResources Department's inability to contact any individual candidate will not delay or intenupt thepromotional process. Candidates will have ten (10) calendar days from the notification date to examinewith Human Resources staff their examination packet and score.
32.9 A promotional list shall be compiled from the list of employees that earn a passing score oneach component of the examination, and will be in effect until a new promotionai tist ii posted inaccordance with this Article.
32j0 All promotions shall be made from the existing promotional lists. The Fire Chief shall have thesole and exclusive discretionto promote any one (1) of thetopthree (3) candidates on a promotionallist. lf a candidate is being passed over for promotion, the Fire Chief shall offer to meet with thecandidate and advise the candidate of the reason(s) he/she is being passed over for promotion.
32.11 When a promotion is made from the top three (3) candidates on a promotional list, the nextranked candidate shall be moved up on the list to provide a pool of the top three candidates fromwhich a selection may be made.
4l
32.12 Candidates on a promotional list may voluntarily and permanently remove themselves from that
promotional list by submitting a written request to the Fire Chief.
32.13 lf fewer than three (3) candidates are on a promotional list, for whatever reason, the Fire Chief
may at his sole and exclusive discretion, either make promotions from that promotional list or consider
that promotional list depleted and schedule a new promotional examination.
32.14 Eligibility for taking the examination for the following positions within the Bargaining Unit:
A. Driver/Engineer 3 years of service as a firefighter with Tamarac Fire Rescue and
successful completion of Apparatus Operator and Aerial Apparatus
Operator courses approved by the Fire Chief.
B. Assistant Fire Marshal 5 years of service with Tamarac Fire Rescue with at least 3 years in a
Fire Prevention Bureau and at least 1 year of direct experience reviewing
building plans for compliance with fire and life safety codes. An
Associates Degree with a major in Fire Science, Fire Administration,
Emergency Management, Construction Trades, or related field approved
by the Fire Chief and Certified Fire Protection Specialist and State of
Florida Fire lnvestigator Certification and Broward County Board of Rules
and Appeals Plans Examiner Certification.
C. Fire Lieutenant 5 years of service with Tamarac Fire Rescue, State of Florida Paramedic
Certification, and Florida Fire Officer 1 Certification.
OR
3 years of service with Tamarac Fire Rescue, and State of Florida
Paramedic Certificate, and Degree in Fire Science or Fire Protection
(either Associates or Bachelors.)
OR
3 years of service with Tamarac Fire Rescue, and State of Florida
Paramedic Certificate, and Florida Fire Officer 1 Certification AND Degree
in EMS, Nursing, Emergency Administration and Management, or Public
Safety Administration (either Associates or Bachelors.)
Any person promoted to Lieutenant must possess and maintain State of
Florida Paramedic Certification.
D. Captain
Effective for the 2017 promotional exam, all Fire Lieutenant candidates
must have successfully completed the City's Supervision in Government
series in order to take the exam.
All promoted Fire Rescue Lieutenants must have successfully completed
the City's Supervision in Government series by September 30, 2018.
3 years of service with Tamarac Fire Rescue as a Lieutenant, and State
of Florida Paramedic Certificate, and Associates or Bachelors Degree in
Fire Science or Fire Protection.
OR
3 years of service with Tamarac Fire Rescue as a Lieutenant, and State
of Florida Paramedic Certificate, and Florida Fire Officer 1 Certification
AND Degree in EMS, Nursing, Emergency Administration and
Management, Public Safety Administration or related field as approved
42
by the Fire Chief (either Associates or Bachelors.)
Any person promoted to Captain must possess and maintain a State of
Florida Paramedic Certificate.
Effective for the 2017 promotional exam, all Fire Captain candidates
must have completed 3 years of service with Tamarac Fire Rescue as a
Lieutenant, and (1) State of Florida Paramedic Certificate; and (2) either
(a) a Florida Fire Officer ll Certification or (b) have compteted a minimum
of thirty (30) upper division credit hours towards a Bachelor's degree inFire Science or Fire Protection, EMS, Nursing, Emergency
Administration and Management, Public Safety Administration, Public
Administration or related field as approved by the Fire Chief or (c) have
completed or be enrolled and accepted in the Managing Officer Program,
National Fire Academy; and (3) successfuily completed the city's
supervision in Government series; and (4) a degree in Fire science orFire Protection, EMS, Nursing, Emergency Administration and
Management, Public Safety Administration or related field as approved
by the Fire Chief (either Associates or Bachetors.)
All promoted captains must have successfully completed the city's
Supervision in Government series by September 30, 2019.
32.15 Veteran's preference shall be granted in accordance with all Federal and State Statutes and
regulations.
32.16 Lieutenant candidates witl be awarded two (2) points toward their written test score for
successfully completing the 500 hours or more for working out of title as a Company Officer two years
prior to the promotional testing date.
Points awarded through any option in 32.16 may not be used to reach a passing score.
43
ARTICLE 33
PROMOTIONAL PROBATION
33.1 An employee receiving a promotion from a lower to a higher position shall be placed on a
six (6) month probation period at the time of promotion. The Fire Chief or designee shall prepare an
Employee Performance Appraisal and Development Plan Form after two (2), four (4) and six (6)
months and make his/her recommendations to the City Manager or his/her designee for regular status
in the position.
33.2 A City employee cunently working in another department who is promoted to a position in
the Fire Department shall be placed on a twelve (12) month probation period at the time of promotion.
The employee shall be formally reviewed by the Fire Chief or Designee after three (3), six (6), and nine
(9) months. At the conclusion of the probationary period, the Fire Chief or designee shall make his/her
recommendation to the City Manager or designee for the employee to attain regular status in the
position.
33.3 lf at any time during the probationary period, a promoted employee does not perform
satisfactorily, he/she shal! be returned to his/her original classification, if that classification is covered
by this contract. ln the event his/her original classification, if covered by this contract is occupied the
last employee promoted to fillthat classification shall be retumed to his/her previous position.
33.4 The probationary period may be extended once for a period of six (6) additional months at
the sole and exclusive discretion of the Fire Chief with the approval of the City Manager or his/her
designee only in situations where the probationary employee could not be evaluated.
44
ARTICLE 34
UNION BUS]NESS
34.1 District President and/or designee shall be granted time off to perform their Union functions,including attendance at arbitration hearings, conventions, conferences and seminars. The Union shall
1{orm the City, in writing, of the names and rank of its officers and of its negotiating team within five(5) days after their appointmenUelection. Time off for Union business is- subjeJt to each of thefollowing conditions:
(a) A written request including reason, time and location is submitted to Department
Management at least forty-eight (48) hours prior to the time-off period.(b) Sufficient staffing is available in the regular shift to properly staff the department duringthe absence of the local Union official.(c) Employees of equal rank shall have the right to exchange shifts when the change does
not interfere with the operation of the Fire Department.
34.2 Time off as provided in this Article for local Union officials shall not exceed a combined total oftwelve (12) twenty-four (24) hour shifts being 288 hours total for the conduct of Union business in anyone (1) fiscal year. Additional hours may be granted by the Fire Chief or designee at their discretion.
34.3 Any Union member designated by the District President may attend Union business afteragreement in writing by the Fire Chief.
34.4 Time spent on authorized Union business or othenrrrise permitted under this Article, wifl not becounted as hours worked for computation of overtime.
34.5 Time off as provided in this Article may be used by elected firefighter pension board trusteesfor attendance at firefighter pension board meetings, and conferences br seminars approved by thefirefighter pension board. The City will provide up to two (2) twenty four hour shifts pei frscal yeai perelected trustee for this purpose. The Union will provide up to two (2) twenty four hour shifts per fiscalyear per elected trustee for this purpose. Time used in each fiscal year by each elected trustee shallbe divided equally between the City and the Union.
34.6 All leave requests for Union business or leave as othenryise permitted under this Article must besigned by the Union District President before approval.
34.7 Up to two (2) members of the negotiation team may attend collective bargaining negotiationsessions while on duty as long as such attendance does not result in any overtime and no units areremoved from service.
45
ARTICLE 35
EMPLOYEE RIGHTS
35.1 Employees within the bargaining unit shall have all of the rights provided for in Florida State
Statutes including any and all administrative and judicial interpretations of said Statutes including the
right to join and participate in an employee organization, to negotiate collectively, to be represented in
the determination of grievances, and engage in activities not prohibited by law. ln accordance with
Florida Statute M7, it is the intent of both parties to promote harmonious and cooperative relationships
between the parties, both collectively and individually, and to protect the public by assuring, at all
times, the orderly and unintemlpted operations and functions of the City.
46
ARTICLE 36
RULES AND REGUI.ATIONS
36.1 The Union agrees that its members shall comply with all Fire Rescue Department Rules and
Regulations, including those relating to conduct and work performance.
36.2 A cunent copy of the Rules and Regulations shall be available for review in the City's lntranet.
36.3 These shall be updated annually as a minimum or as needed by the Fire Chief.
36.4 At mutually agreeable times, representatives of the Union and Management shall meet uponthe request of either party for the purpose of discussing any matter of mutual interest. The Fire C'hief
agrees to advise the District President or designee of any change in rules or regulations prior to
implementation of same.
36.5 All Rules and Regulations affecting hours, wages, or working conditions, if amended, shall be
subject to collective bargaining (F.S. 447).
47
ARTICLE 37
FIREFIGHTERS BILL OF RIGHTS
37.1 The City ard the Union agree to fully comply with all provisions of the 'Firefighters Bill of
Rights" in accordance wtth Florida Statutes and a copy of those provisions shall be included in the
Tamarac Fire Rescue Departnent Rules and Regulations.
48
ARTICLE 38
DRILLS/TRAINING
38.1 The Fire Ghief shall have the sole responsibility for the training of members within the FireRescue Department. The Training Officer, designated by the Fire Chief,ivill post training, classes, anddrillschedules.
38.2 Drills and/or classes typically will be between 09:30 hours to 16:00 hours Monday throughFriday, as is cunently practiced, however drills may occur from 0800 hours to 23:00 hours as speciatcircumstances occur.
38.3 No drills on holidays.
38.4 No more than one complete physical drill in full bunker gear per twenty-four hour tour.
38.5 Physical drills at the Fire Academy wilr be no longer than eight (g) hours.
38-6 Drills shall be suspended or modified when in the opinion of the Company Officer, afterconsultation with the shift supervisor or Battalion Chief, the weather conditions pose a hazard to thewell being of the participants.
38.7 The City reserves the right to establish minimum training standards. These standards shall beestablished by the Fire Chief.
38.8 Company Officers shall be assigned the responsibility of ensuring that training standards areaccomplished.
49
ARTICLE 39
MAINTENANCE DAY
39.1 As a guideline for trenty-four (24) hour shift employees, the normal work day for all routine
activities, i.e., - vehicle maintenance, station maintenance, and al! other similar activities - shall begin
at 0800 and end at 1600, (with the exception of training, vehicle readiness, and service readiness
and/or capability).
50
ARTICLE 40
JOB DUTIES
40.1 lt is understood by the parties that the duties enumerated in job descriptions are not always
specifically described. The City agrees that it will not require new tasks and duties to be performed
which are not inherent in the nature of the work or do not fall within the skills and other factors common
to the position.
40.2 \Nhenever there is proposed change in the job description of a classification or position within
this bargaining unit, the City shall discuss with Union the proposed changes. lf the Union is not
satisfied with the proposed changes, it may in writing within ten (10) days of the conclusion of the
discussion stated above, request a hearing before the Director of Human Resources. This hearing
shall be held at a mutually agreeable time within thirty (30) days of the hearing request. lf either party
is not satisfied, the differences shall be resolved pursuant to bargaining in accordance with F.S. 447.
40.3 Personnelcovered by this contract shall not be required to perform lawn maintenance.
51
ARTICLE 41
CIVIL SUITS
41.1 The City agre€s to defend and hold harmless, any member covered by this Agreement, and
automatically undertakes the defense of any member employee against civil damage suits arising from
performance of duties while wtthin the employee's scope of employment and will file ptoper and
appropriate counter suits.
52
ARTICLE 42
BULLETIN BOARDS
42.1 The City shall fumish one (1) bulletin board per station for the exclusive use of Local 3080,
lntemational Association of Firefighters, for posting of bulletins, notices and other Association
rnaterials. Any notice or item placed on the bulletin board shall bear on its face the legible designation
of the Didtrict President (DP) of Local 3080 or his designee by fficialseal, stamp or signature. -
53
ARTICLE 43
WORK STOPPAGES
43.1 The Union agrees that its members will not engage in strikes, slow.downs, boycotts, stoppage
of work, refusal of assignments, or any interference with efficient management and operation of the
Fire Rescue Departmbnt and the City.
43.2 lt is recognized by the parties that the activities enumerated in Paragraph 1, are contrary to the
laws of the Slate of FlorUa and the City shall be entitled to seek and obtain legal and/or equitable relief
in any court of competent jurisdiclion.
54
ARTICLE 44
SPECIAL OPERATIONS
44.1 The City has the sole and exclusive discretion to establish a Special Operations Team.
55
ARTICLE 45
NON.DISCRIMINATION
45.1 No employee covered by this Agreement will be discriminated against by the Gity and/or the
Union with resped to any job benefits or other conditions of employment accruing from this Agreement
because of Union membership or non-Union membership. Further, no employee covered by this
Agreement will be discriminated against by either party to this {greement because of ra@, sex
including pqnancy, national origin, color, age, disability, martta! status, political affiliation, familial
status, sexualorientation, gender klentity and expression or religion.
56
ARTICLE 46
SERVICES TO THE UNION
46.1 Upon publication, the City shall provide one copy of this Agreement to each member
46.2 Upon publication, the City agrees to provide one (1) copy each to the Union, without charge: 1)
proposed budget, 2) final budget, 3) year-end financialstatement.
57
ARTIgLE 47
CIVIL EMERGENCY
47.1 lf, a civil emergency condition is dectared by the Govemor including but not limited to strikes,
work stoppages, riots, rfvi! disorders, hunicane conditions, or similar occurren@s, the provisions of
this Agreement may be suspended by the City Manager or designee during the time of the declared
emergency, provided that pay, insurance and pension benefits shall not be suspended.
s8
ARTICLE 48
SEVERABILITY CLAUSE
48.1 Should any prwision 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 acourt of competent jurisdiction, all other articles and sections of this Agreement shall iemain in fullforce and effect for the duration of this Agreement. The parties agree to immediately meet and confer
conceming any invalidated provision(s).
59
ARTICLE 49
KELLY DAYS
49.1 This article applies only to those employees assigned to a twenty-tour (24) hour shift. A
twenty-one (21) day, three (3) Platoon rotating cycle on twenty-four (24) continuous hours of duty, with
one (1) normally scheduled tour of duty (Kelly Day) off every seventh (7th) shift, shall be maintained for
the term of this agreement. Exceptions may occur during the implementation of new annual Kelly Day
assignments, when the newly assigned Keliy Day may not occur on an emptoyee's seventh (7th) shift.
"Kelly Days" shall be bid on the basis of seniority for each platoon on an annual basis during October
of each year for the following calendar year (starting January 2nd). Kelly Day assignments will be
issued by October 30h.
49.2 After the initial selection, if it is necessary to adjust the "Kelly Day' assignments, such an
adjustment shall be made by the Battalion Chief in order to balance the number of members off on any
given day. ln the event of an intra-shift balancing of personnel, the Battalion Chief shall, in his/her sole
discretion, determine the day from which the balancing shall occur. Once that day is selected, the
Battalion Chief shall make a reasonable effort to offer selection to the senior employees in the affected
rank on that day. The impacted employee will be afforded one opportunity to take any given day off
(one 24-hour shifl) they choose, using their own accumulated leave, without regard to the number of
leave slots available. This opportunity will sunset at the end of six months from the date of the first new
Kelly Day, or the end of the calendar year, whichever comes later. Such opportunity would not be
available on a recognized Holiday as defined in Article 15, unless the impacted employee had that
holiday as their assigned Kelly Day before the adjustment. An employee whose Kelly Day changes as
a result of their own promotion will not be eligible for this opportunity.
49.3 The Fire Chief has the right to adjust the "Kelly Da/ schedule in order to balance the rank and
number of employees off on any given day. Nothing in this Article is intended to limit the City's sole
and exclusive right to adjust the "Kelly Day" schedule in order to balance the number of employees off
on any given day.
49.4 ln the event that there is a 'Kelly Day" vacancy due to retirement, promotion, shift transfer,
resignation, termination or any other reason, the Battalion Chief may, at his/her sole discretion,
approve an employee's request for a one-time'Kelly Day" exchange.
49.5 ln the event of a shift change, employees who have their shift changed due to the needs of the
City shall have the right to re-bid their Kelty Days within their prospective shifts.
ln the event that an employee requests a change of Kelly Day or shift exchange, he or she shall not
have the right to re-bid and/or subsequently bump another employee's assigned Kelly Day or create an
overtime situation that the City is responsible for such costs.
Shift transfers resulting from the promotion of an employee will not be considered as being for the
needs of the City for the employee promoted.
49.6 Any employee may mutually exchange Kelly Days with any other employee who is eligible and
approved to work in the same capacity subject to the approval of the Battalion Chief, as long as minimum
staffing levels are maintained and overtime is not incuned as a result of the mutual exchange. Kelly Day
exchanges shall not incur costs to the City. There will be no permanent exchange of Kelly Days due to
employee request after the initial annual bid.
60
ARTICLE 50
PARAMEDIC ASSIGNMEN.T PAY
50-1 All assigned Paramedics will be paid as paramedics as established in Article g, Wages. Anyparamedic removed from assignment for more than 30 days will be paid as an EMT in accorGnce withArticle 8, Wages. For the life of this agreement, no assigned paramedic will lose their assignment andpay unless he/she voluntarily leaves the assignment or is removed for cause.
50.2 All recertification requirements shall be the sole responsibility of the paramedic and EMT. TheCity will reimburse the employee for the continuing education costs incurred,'in accordance with Article25, as long as the employee has been pre-approved to attend the course by the Fire chief or his/herdesignee. Attendance will be during the employee's own time and will noi be compensated by theCity.
67
ARTICLE 51
TERM OF AGREEMENT
51.1 This Agreement shall be effective this 1st day of October 2018 and shall remain in full force
and effect until and including September 30,2021.
Mtc
This
ATTEST:
tt
AS
SAMUEL S.
CITY ATTORNEY
/,'\
WILLIAM DUESLER, DISTRICT PRESIDENT
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 3080
DENT
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 3O8O
2019
CITY OF TAMARAC
of
MICHAEL CERNECHcrwR
This I day of
ROBERT D.
CHIEF NEGOTIATOR
DArED tnp-&a^v*W
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2019
2019
,2019
BY:
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62
TR13226
EXHIBIT B
Mutual Consent Agreement
(Use of lnsurance Premium Tax Revenue)
This Mutual Consent Agreement is entered into between the CITY OF TAMARAC, a Florida
municipal corporation, (the "CITY") and LOGAL 3080 of the INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS ("the UNION').
WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of
Florida), hereinafter "Legislation" regarding the use of lnsurance Premium Tax Revenue ("IPTR"); and
WHEREAS, the City has a retirement pension plan and fund for firefighters known as the
Firefighter's Pension Fund ("Fund') that exceeds the minimum benefits and minimum standards established
by the State of Florida for public employee firefighter pension plans as set forth in chapter 175, Florida
Statutes; and
WHEREAS, the Legislation provides that use of IPTR, including any accumulations of additional
premium tax revenues which have not been allocated to fund benefits in excess of the minimum benefits,
may deviate from the provisions of the Legislation by mutual consent of the members' collective bargaining
representative (IAFF); and
WHEREAS, the City's funding obligations (atso known as the actuarial required contribution "ARC')
to the City's Firefighter Pension Fund repiesents a significant ongoing fiscal expense to the City and its
taxpayers which could be eased by use oi the available lPTR to offset the Ci$'s annual funding obligation'
NOW THEREFORE, the City and the Union agree as follows:
1. The foregoing Whereas clauses are true and correct.
2. All IPTR, whether base premium tax revenue or additional premium tax revenue, received by the
City will be used by the City to meet its annual ARC to the Firefighter's Pension Fund.
3. This will become effective when signed by IAFF and City
Date:-1 e'-' 1',I
\-
MichaelC,
City Manager
William Duesler, D nt
AfiEST:
Pat Teufel, CMC
City Clerk
AS LEGAL FORM:
OF FTREF]GHTERS, LOCAL 3O8O
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Date:s'lnvldllne"",.,
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APP
Goren, City
)q li Date
TAMARAC
The City For Your Life
Dear Billy:
As a condition of the acceptance and ratification of the proposed collective bargaining
agreement, effective October 1,2018, the City and the IAFF, Local 3080 agree to present
and recommend to the Firefighters' Pension Board and the City Commission, amendments
to the Pension Ordinance, wlrich provides the following changes to the Firefighter's Pension
Plan:
December 20,2018
Mr, William ("Billy") Duesler
District President
Local 3080
Tamarac, Florida
. Effective 1t112019 - Modify the Pension ordinance, subject to Clty
Commisslon approval, to include a BACDROP for up to 3 years: subject to
the Pension Fund attorney's legal opinion and no additional cost as
determined by the Pension Plan Actuary; and
o Pension Ordinance amendments will be draftad and presented to the City
Comrnlssion for approval in early 2019.
The City and the IAFF, Local 3080 mutually consent and agree that the use of all insurance
premiurir tax revenues, whEther base premium tax revenua or additional premium tax
revenue, received by the City will be used by the City to meet its annual actuarial required
contributions to the City of Tamarac's Firefighter's Penslon Plan via separate Mutual
Consent Agreement (see attached.)
Director of Human Resources
cc:MichaelC. Cernech, City Manager
SamuelS. Goren, City Attorney
Firo Chief
Lsrenzo Galhoun
Director of Human Resources
TR13226
EX}MIT C
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