HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-127Temp. Reso. 12735
12/01 /2015
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2015- / J`-7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA, APPROVING 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 3080 FOR THE
PERIOD FROM OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2018;
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 CITY CODE FOR REVIEW BY THE PENSION BOARD AND APPROVAL
BY THE CITY COMMISSION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Agreement between the City of Tamarac and the
International Association of Firefighters (IAFF) expired September 30, 2015; 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 Maria Swanson, Fire Chief Michael
Burton, Assistant Fire Chiefs Percy Sayles and Jeff Moral, Battalion Chief Steve
Stillwell, Battalion Chief Mike Annese, HR Analyst Whitney Neff, Accounting
Supervisor 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
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Temp. Reso. 12735
12/01/2015
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WHEREAS, on December 2, 2015, the employees covered by this
Agreement, ratified the Agreement; and
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 Chapter No 2015-39, Laws of Florida,
regarding the use of Premium Tax Revenue requiring that all Insurance 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, 2016, 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
approve the Agreement and provide for its proper execution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
J
Temp. Reso. 12735
12/01/2015
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SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All exhibits attached hereto are incorporated herein and made as
specific part of this Resolution.
SECTION 2: That the City Commission hereby approves the Agreement
attached hereto and incorporated herein as Exhibit A by and between the City of
Tamarac and the International Association of Firefighters, Local 3080 for the
period from October 1, 2015 through September 30, 2018.
SECTION 3: That since the members of the Bargaining Unit ratified the
Agreement on December 2, 2015 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 Insurance 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: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
Temp. Reso. 12735
12/01 /2015
Page 4
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of 2015.
I'W�
HARRY DRESSLER, MAYOR
ATTEST:
1fi
l, 1� C., 6 .-
PA: RICIA TEUF L, C C
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: VICE MAYOR GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
611-'kiv
`'SA UEL S. GOREN
CITY ATTORNEY
1
CONTRACT
BETWEEN
THE CITY OF TAMARAC
AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF)
EFFECTIVE OCTOBER 1, 2015 THROUGH
SEPTEMBER 30, 2018
TABLE OF CONTENTS
TITLE
ARTICLE #
PAGE #
Agreement
1
1
Re't;ognition
2
2
Reopener Clause
3
3
Management Rights
4
4
Grievance Procedure
5
5-8
Arbitration
6
9
Check -off
7
10-11
Wages
8
12-14
Longevity Pay
9
15
Overtime Pay
10
16
Call-back Pay
11
17
Basic Work Week
12
18
Working out of Title
13
19
Vacation
14
20
Holidays
15
21
Medical Coverage
16
22
Sick Leave
17
23-24
On -the -Job Injury
18
25
Presumed Communicable
19
26
Diseases
Wellness Program
20
27
Substance Abuse
21
28
Time Pool Bank
22
29
Leaves of Absence
23
30
Incentives
24
31-33
Education Reimbursement
25
34
Program
Bereavement Leave
26
35
TITLE ARTICLE # PAGE #
Uniforms
27
36-37
Termination of Benefits
28
38
Probationary Period/
29
39
Employee (New Hire)
Seniority
30
40
Personnel Reduction
31
41
Promotional Examinations
32
42-45
Promotional Probation
33
46
Union Business
34
47
Employee Rights
35
48
Rules and Regulations
36
49
Firefighters Bill of Rights
37
50
Drills and Training
38
51
Maintenance Day
39
52
Job Duties
40
53
Civil Suits
41
54
Bulletin Boards
42
55
Work Stoppages
43
56
Special Operations
44
57
Non-discrimination
45
58
Services to the Union
46
59
Civil Emergency
47
60
Severability Clause
48
61
Kelly Days
49
62
Paramedic Assignment Pay
50
63
Terms of Agreement
51
64
ARTICLE 1
AGREEMENT
1.1 This Agreement is entered into by Tamarac, Florida, hereinafter referred to as the "City" and
Local 3080 of the International Association of Firefighters hereinafter referred to as the "Union". It is
the purpose of this Agreement to promote harmonious relations between the City and its employees
and to establish an orderly and peaceful procedure in the settlement of differences which might arise
and to provide for joint collective bargaining in the determination of wages, hours, and other conditions
of employment for employees covered by this Agreement.
ARTICLE 2
RECOGNITION
2.1 The City hereby recognizes the Union as the exclusive bargaining representative for all
employees in the following appropriate unit:
INCLUDED: All full-time Firefighters, Driver/Engineers, Lieutenants, Fire Inspectors, Logistics
Officer (if certified), Captain
2
ARTICLE 3
REOPENER CLAUSE
3.1 The term of this Agreement shall be three (3) years beginning October 1, 2015 and ending
September 30, 2018.
3.2 No other articles shall be opened for negotiations during the term of this Contract except those
mutually agreed upon by the Union and the City.
3.3 The Union and the City agree to initiate collective bargaining by July 15th in the final year of the
collective bargaining agreement.
3
ARTICLE 4
MANAGEMENT RIGHTS
4.1 It 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. It 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.
M
ARTICLE 5
GRIEVANCE PROCEDURE
5.1 In a mutual effort to provide a harmonious working 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 supervisor within ten (10)
calendar days of the occurrence 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
decision in writing within ten (10) calendar days and provide the written response to the grievant and
the Union Official.
Step 2 Any grievance which is not satisfactorily settled with the immediate supervisor shall be
signed by a Union Official and forwarded to a Battalion Chief within ten (10) calendar days after the
completion of Step 1. The Battalion Chief shall render a 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.
Step 3 In 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 In 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
Official.
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.
5.5 The parties desire to give this collective bargaining contract the maximum force and effect and
5
do hereby agree that this grievance procedure shall be the sole and exclusive method of resolving any
dispute concerning interpretation or application of any provision of this contract. In 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 withhold 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 official grievance, with applicable documentation and original
signatures affixed thereon.
R
Grievance #
OFFICIAL GRIEVANCE FORM
Before completing this form, carefully read the provision of Article 5 in the Contract.
Please type or print clearly. Use additional paper if necessarv.
NAME: RANK:
STATION: SHIFT:
INDIVIDUAL ❑ CLASS ACTION ❑ (Start at Step Three)
STEP ONE GRIEVANCE
MUST BE PRESENTED TO IMMEDIATE SUPERVISOR WITHIN TEN (10) DAYS OF OCCURRENCE
SUPERVISOR MUST RESPOND WITHIN TEN (10) DAYS OF RECEIPT
Briefly Describe Situation:
Article/Section Violated:
Remedy Requested:
Grievant Name: Grievant Signature: Date:
Supervisors Response/Explanation:
Date Received by Supervisor:
Date Answered by Supervisor:
Supervisor Signature:
ACCEPTED
• •
By Grievant
❑
REJECTED ❑
By Grievant
Signature of Grievant:
STEP TWO GRIEVANCE
MUST BE PRESENTED TO BATTALION CHIEF WITHIN TEN (10) DAYS OF SUPERVISOR'S RESPONSE
BATTALION CHIEF MUST RESPOND WITHIN TEN (10) DAYS OF RECEIPT
Battalion Chiefs Response/Explanation:
Date Received by Battalion Chief:
1 1
Date Answered by Battalion Chief:
1 1
Signature of Union Official (must be signed
prior to submission to BC):
ACCEPTED ❑
REJECTED ❑
Signature of Grievant:
By Grievant
By Grievant
Page 1 of 2
7
Grievance #
OFFICIAL GRIEVANCE FORM
STEP THREE GRIEVANCE
MUST BE PRESENTED TO THE FIRE CHIEF WITHIN TEN (10) DAYS OF BATTALION CHIEF'S RESPONSE
FIRE CHIEF MUST RESPOND WITHIN TEN (10) DAYS OF RECEIPT
Fire Chiefs Response/Explanation
Date Received by Fire Chief:
Date Answered by Fire
Chief:
Signature of Union Official:
IM • ACCEPTED ❑
REJECTED ❑
Signature (by Grievant, or Union Official if
Class Action):
STEP FOUR GRIEVANCE
MUST BE PRESENTED TO THE CITY MANAGER OR DESIGNEE WITHIN TEN (10) DAYS OF FIRE CHIEFS RESPONSE
CITY MANAGER/DESIGNEE MUST RESPOND WITHIN TWENTY (20) DAYS OF RECEIPT
City Manager /Designee's Response/Explanation:
Date Received:
Date Answered:
Signature of Union Official:
• • ACCEPTED ❑
REJECTED ❑
Signature (by Grievant or Union Official if Class
Action):
ARBITRATION
ARBITRATION MUST BE FILED WITHIN 15 DAYS OF CITY MANAGER/DESIGNEE ANSWER
Request for Arbitration submitted on : By (Signature of Authorized Union Representative)
Date:
Arbitration Request Received on: By (Signature of Authorized Union Representative)
Date:
Page 2 of 2
ARTICLE 6
ARBITRATION
6.1 In the event a grievance processed through the Grievance Procedure set forth in Article 5 has
not been resolved, the grievant may submit the grievance to arbitration within fifteen (15)
administrative working days after the City Manager or his/her designee renders a written decision on
the grievance. Arbitrator may be one impartial person mutually agreed upon by the parties. In the
event parties are unable to agree upon said arbitrator within ten (10) administrative working days, the
parties shall jointly request the Federal Mediation and Conciliation Service or American Arbitration
Association to furnish a panel of seven (7) persons resident in Florida from which each party shall
have the option of alternatively striking names thus leaving the seventh (7) which will give a neutral or
impartial arbitrator.
6.2 The parties shall make their choice of the impartial arbitrator within five (5) administrative
working days after the receipt of the panel from the Federal Mediation and Conciliation Service or the
American Arbitration Association.
6.3 The City and the employee (or the Union) shall attempt to mutually agree in writing as to the
statement of the grievance to be arbitrated prior to the arbitration hearing and the arbitrator, thereafter,
shall confine his decision to the particular grievance thus specified. In the event the parties fail to
agree upon the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine
its consideration and determination to the written statement of the grievance presented in Step 1 of the
Grievance 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 have
no authority to rule upon any matter which is stated in this contract not to be subject to arbitration, nor
shall this Collective Bargaining Agreement be construed by the arbitrator to supersede or be in conflict
with applicable laws in existence at the time of signing of this contract except to the extent as
specifically provided herein. In 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. The
impartial arbitrator's fee and related expenses and expense of obtaining a hearing room, if any, shall
be paid by the losing party. Any party desiring a transcript of the hearing shall bear the cost of such
transcript 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
E
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. If 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 It 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
circumstances 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
that 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:
10
AUTHORIZATION FOR DEDUCTION OF IAFF DUES
hereby authorize the City of Tamarac to deduct from my wages, bi-weekly, the current
normal IAFF dues and to transmit this amount to the Treasurer of the Local 3080, International
Association of Firefighters.
I understand that this Authorization is voluntary and that I may revoke at any time by
giving the City notice in writing.
Name
Signature
Date
A request to the City to cease dues deduction must be submitted to the City on the
following form:
INSTRUCTIONS TO STOP PAYROLL DEDUCTION OF IAFF DUES
hereby instruct the City of Tamarac to stop deducting from my wages bi-weekly the
current normal dues for Local 3080, International Association of Firefighters. I have notified
Local 3080 of the revocation.
Name
Signature
I, —
verify that
wages.
Signature
Date
VERIFICATION OF NOTICE TO UNION REGARDING DUES DEDUCTION
of the IAFF Local 3080
has notified the Union of his/her
Date
11
ARTICLE 8
WAGES
8.1 Firefighter, Fire Inspector, Driver Engineer, Lieutenant, Captain.
The pay plan for Firefighters, Fire Inspectors, Driver Engineers, Lieutenants and Captains is attached as
Appendix A. The pay plan incorporates the ten percent (10%) paramedic pay previously specified in
Article 50 and the five percent (5%) EMT incentive pay previously specified in Article 24. Current
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 5% 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 Inspectors 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 and Fire Inspectors 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. If the course work is an elective course it must
be a viable option to fulfill a degree requirement in one of the above degrees. It is the parties'
understanding that accredited educational institutions only include colleges and universities which are
accredited by recognized, well established entities.
No
One (1) year in the current step and one (1) additional course** in the following specific areas (for credit
or certificate): Apparatus Operator, Aerial Apparatus Operator, Incident 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.
OR
One year as a Driver/Engineer in the previous step and three (3) additional credits** in a Fire Science,
12
EMS, Nursing, Emergency Administration and Management, Public Safety Administration, 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. If the course work is an elective
course it must be a viable option to fulfill a degree requirement in one of the above degrees. It is the
parties' understanding that accredited educational institutions only include colleges and universities
which 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 following
specific areas (for credit or certificate): Apparatus Operator, Aerial Apparatus Operator, Incident
Command or Safety Officer, as approved by the Fire Chief.
* Employees who have obtained a State of Florida Fire Officer 1 Certification, an Associates or
Bachelor'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 the
requirements of Firefighter maximum step are deemed to have met the requirements for the eligibility
requirements as specified in 8.4 and 8.5. Otherwise, educational requirements are considered to be
either three (3) credits in a Fire Science, Nursing, Emergency Administration and Management, Public
Safety Administration, Fire Protection or EMS Program in course work at the National Fire Academy, the
State Fire Academy, other accredited educational institution, or training facility approved by the Fire
Chief or one (1) additional course per firefighter step and can be acquired at any time prior to the
advancement to the next step. If the course work is an elective course it must be a viable option to fulfill
a degree requirement in one of the above degrees. It is the parties' understanding that accredited
educational institutions only include colleges and universities which are accredited by recognized, well
established entities.
** Each step requires the separate completion of three (3) credits or one course that is different and in
addition to the 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 the
successful 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 service in the step, until
reaching the maximum step.
8.7 The educational requirements in Article 8 are the responsibility of the employee and shall not be
compensable time unless, in the sole and exclusive discretion of the Fire Chief, courses are scheduled
for on -duty training.
8.8 Employees who were eligible for and received the 2.5% longevity adjustment in the previous
contract will continue to receive the 2.5% additional pay for the term of this contract.
8.9 A Firefighter who is promoted to Driver/Engineer or Lieutenant shall be placed at the
Driver/Engineer Step 1 or the Lieutenant Step 1, respectively, of the classification specified in Appendix
A, or at the next higher step which provides an increase of at least five (5) percent to his/her pay
specified in Appendix A. A Driver/ Engineer who is promoted to Lieutenant shall be placed at the
Lieutenant Step 1 of the classification specified in Appendix A, or at the next higher step which provides
an increase of at least five (5) percent to his/her rate of pay specified in Appendix A. A Lieutenant who
is promoted to Captain shall be placed at the Captain Step 1 of the classification specified in Appendix
A, or at the next higher step which provides an increase of at least five (5) percent to his/her rate of pay
specified in Appendix A.
8.10 An employee who meets the requirements for and is promoted to any position, and subsequently
does not meet the requirements for the position will be demoted to his/her former position or the next
lowest position in which a vacancy exists and for which the employee meets the requirements, effective
thirty (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 returns 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. In 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.
8.11 The Pay Plan effective October 1, 2015, July 1, 2016, October 1, 2016, and October 1, 2017 is
specified in Appendix A.
14
ARTICLE 9
LONGEVITY 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
8
1%
9
1%
10
2%
11
2%
12
3%
13
3%
14
4%
15
4%
16 and each year thereafter
5%
15
ARTICLE 10
OVERTIME PAY
The City and the Union agree to the following:
10.1 In 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:
a) All in-service vehicles must be staffed with a company officer or acting company officer
from the current promotional list. The Battalion Chief or acting Battalion Chief 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.
b) One Driver/Engineer on duty working in that capacity.
c) One certified paramedic who has passed paramedic preceptorship on each rescue unit.
d.) In the event that a battalion chief assigned to a 24-hour shift is on leave for the full 24-
hour shift AND overtime is required to meet minimum staffing requirements, the vacancy
shall be filled for the entire 24-hour period.
Except as specified in this article, current overtime assignment practices will continue to the
extent that circumstances are the same. If 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 on -duty status, unless the Fire Chief or his designee specifically approves.
10.4 The Union is responsible for maintaining accurate overtime rosters for: Company Officer,
Driver/Engineer, Firefighter, and Fire Inspector, 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 workweek. 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-half (1-1/2) 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 half (1-1/2) times their regular rate of
pay, provided that the appropriate chief officer is notified prior to the employee's appearance.
17
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 acting 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 shall 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 shift 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.
18
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 ($1.60) per hour for the higher
classification.
13.2 Members who are on current lists for positions of Driver, Lieutenant and Captain shall work 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 employee assigned as an
acting Battalion Chief will receive additional compensation as outlined in 13.1.
19
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 - 120 months of employment: 10 hours for each completed month of service.
(c) Over 120 months of employment: 12 hours for each completed month of service.
(d) Over 240 months employment: 14 hours for each 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 regular rate of pay 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 40-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.
14.9 If 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
HOLIDAYS
15.1 All employees covered by this Contract, that are assigned to a 48-hour work week when a holiday
occurs, shall receive, in addition to his/her regular pay, eleven (11) hours pay at his/her rate for each of
the following holidays:
NEW YEAR'S DAY
MARTIN LUTHER KING'S BIRTHDAY
PRESIDENT'S DAY
MEMORIAL DAY
INDEPENDENCE DAY
LABOR DAY
VETERAN'S DAY
THANKSGIVING DAY
DAY AFTER THANKSGIVING
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 in
advance, 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 result 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 the
first pay day in December 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 holiday.
21
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 The cost of medical benefits paid by employees during calendar year 2016 shall be as follows:
Ime
PAID BY EMPLOYEE MONTHLY
Employee only $ 54.20
Employee + Spouse $ 270.08
Employee + Child(ren) $ 234.12
Family $ 294.12
POS
PAID BY EMPLOYEE MONTHLY
Employee only $ 118.84
Employee + Spouse $ 296.14
Employee + Child(ren) $ 256.72
Family $ 322.50
U
PAID BY EMPLOYEE MONTHLY
Employee only $ 105.80
Employee + Spouse $ 263.62
Employee + Child(ren) $ 228.54
Family $ 287.10
16.3 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.
16.4 In 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 and/or the surviving spouse and dependent
children in accordance with F.S. 112.191.
22
ARTICLE 17
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 other
competent 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 a
physician's statement of physical illness. When deemed necessary, the Department Head may require
proof of any illness.
17.3 An employee hired prior to October 1, 1994, may receive compensation for accrued sick leave
based upon the amount accrued by the employee as of September 30, 1994. An employee whose
accrued sick leave as of September 30, 1994 is 480 hours or more, may receive compensation for
accrued sick leave in excess of 288 hours anytime during his/her employment with the City, or at
retirement at the following rate:
ACCUMULATED HOURS % OF BUY BACK
288 hours - 564 hours 25%
565 hours - 930 hours 50%
Over 930 hours 100%
Employees who have accumulated more than 480 hours as of September 30, 1994 may not be paid for
any accumulation beyond their accrued levels as of September 30, 1994.
17.4 Any employee of the bargaining unit who uses no sick time in any one of the four (4) quarters in
the fiscal year will receive six (6) additional hours of vacation leave for each quarter in which no sick
leave 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.
If any employee uses no sick time at all during any fiscal year, he shall accumulate twelve (12) additional
hours for a total of 36 hours for the year.
17.5 All employees assigned to a forty hour work week shall accumulate sick leave at the rate of eight
(8) hours per month.
23
17.6 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 leave
balance of 300 hours at the end of that fiscal year OR (2) has an accrued sick leave balance of
400 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 conversion
program. An employee meeting these requirements may choose to have the City convert to
cash up to forty-eight (48) 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 A regular employee on record and paid status (regularly scheduled to a 40-hour work
week) 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 balance of
280 hours at the end of that fiscal year OR (2) has an accrued sick leave balance of 380 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 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.
17.8 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 Office within the required timeframe.
17.9 Contributions to the Time Pool Bank do not count as hours used for that fiscal year under
the conversion program described in Sections 17.6 and 17.7. However, the leave balance
remaining after contributions must meet the requirements in 17.6 and 17.7.
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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 Fire
Rescue Department, which disability would be compensated under the Worker's Compensation Statutes
shall be compensated under the Worker's Compensation provisions, as set forth in F. S. Chapter 440, as
amended.
18.2 An employee, as covered under this contract, shall be paid his/her full salary during the first
average Firefighter work week during his/her absence as a result of the work related injury, to include the
time lost on the date or shift during which the injury occurred.
18.3 If an employee is unable to return to work after the first week, the City will supplement the
employee's Worker Compensation benefits so that the employee shall receive a total of eighty-five
percent (85%) of his/her gross hourly 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 Compensation
benefit shall be paid directly to the employee, in accordance with applicable law. The remaining portion
shall be paid by the City to the employee in compliance with applicable law. Accrued leave may not be
used during the period while the supplement equal to eight -five percent (85%) of the employee's gross
hourly 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 physically
able to perform some useful light duty work for the City, he/she may be required to do so as a condition
to receiving the benefits specified in this Article. Light duty work shall be consistent with the employee's
medical limitations and will first be sought within the Fire Rescue Department. If it is not available in the
Fire Rescue Department, it may be provided in any other Department. All employees assigned to light
duty shall normally work five (5) — eight hour days. All outside employment by employees receiving
Worker'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, possible
cardiac 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 defined
in local medical/trauma protocols, procedures and standard of care. In the event the member is no longer
on duty, AND has responded to an emergency incident within the prior 24 hour period, the member is
authorized and encouraged to have their carbon monoxide levels assessed in the field, or at the
treatment facility, as soon into the treatment as practicable, in addition to any other assessment and
treatment as defined in local medical/trauma protocols, procedures and standard of care.
25
ARTICLE 19
PRESUMED COMMUNICABLE
DISEASES
19.1 Recognizing the Firefighters increased risk to communicable, deadly diseases on the job, the
City agrees to the following:
A. An employee who has at least one (1) year of continuous service and who contracts
AIDS, Hepatitis, or Cancer, will be entitled to be compensated as in the "ON-THE-JOB
INJURY", Article 18.
W
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; and
b. 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 mental fitness 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)
hour per day, two (2) days per week.
20.7 Physical examinations shall be voluntary for members who were hired on or before February
1, 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 essential job requirements of:
■ the member's job classification
■ the Special Operations assignment.
20.9 The annual physical examination 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.
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ARTICLE 21
SUBSTANCE ABUSE
21.1 The City and the Union recognize that employee substance and alcohol abuse may have an
adverse impact on City government, 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.
21.2 It 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. In the event
an employee's test is positive, a second test shall be conducted to verify the results. If the employee
so requests, he/she shall be given a copy of the test results after the employer has received same.
21.4 The results 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.
28
ARTICLE 22
TIME POOL BANK
22.1 Upon Union notification to the City of an employee with a long-term illness/injury (including
medically required 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 forward a monthly statement to the Union.
22.5 The Union shall promulgate rules and guidelines to administer this article in compliance with all
legal requirements to ensure non-discrimination.
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. All job -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 Incentives will be paid as additional pay through the regular payroll process every two
weeks as detailed in Article 24.2.
24.2 Incentives for the following educational achievements or certifications will be paid in the
regular paycheck every two weeks.
A. Effective 10/1/2015, only one incentive of $650 ($25 in the regular
paycheck every two weeks) shall be provided to employees who have
achieved one of the following certifications:
1. Florida Fire Service Instructor I, II or III, as defined in Florida
Administrative Code 69A-37.059
2. Fire Officer II or III, as defined in Florida Administrative Code 69A-
37.065.
3. Fire Safety Inspector II as defined in Florida Administrative Code
69A-37.065.
Maintenance of these certifications is the sole responsibility of the person
holding the certification.
B. Effective 10-1-2017, only one incentive shall be provided in the below
amount to employees who have achieved one of the following
certifications:
1. $650 ($25 in the regular paycheck every two weeks) for Florida Fire
Service Instructor I as defined in Florida Administrative Code 69A-
37.059
2. $650 ($25 in the regular paycheck every two weeks) for Florida Fire
Service Instructor II, as defined in Florida Administrative Code 69A-
37.059
3. $750 ($28.85 in the regular paycheck every two weeks) for Florida
Fire Service Instructor Il with Live Fire Training Instructor rating, as
defined in Florida Administrative Code 69A-37.059 and 69A-37-407.
4. $800 ($30.77 in the regular paycheck every two weeks) for Florida
Fire Service Instructor III, as defined in Florida Administrative Code
69A-37.059
5. $650 ($25 in the regular paycheck every two weeks) for Fire Officer
II, as defined in Florida Administrative Code 69A-37.065
6. $800 ($30.77 in the regular paycheck every two weeks) for Fire
Officer III, or higher, as defined in Florida Administrative Code 69A-
37.065
31
7. $750 ($28.85 in the regular paycheck every two weeks) for Fire
Safety Inspector II, or higher, as defined in Florida Administrative
Code 69A-37.065.
Maintenance of these certifications is the sole responsibility of the person
holding the certification.
C. 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 Instructor II as defined in Florida Administrative Code
69A-37.059
2. $750 ($28.85 in the regular paycheck every two weeks) for Florida
Fire Service Instructor II with Live Fire Training Instructor rating, as
defined in Florida Administrative Code 69A-37.059 and 69A-37-407.
3. $800 ($30.77 in the regular paycheck every two weeks) for Florida
Fire Service Instructor III as defined in Florida Administrative Code
69A-37.059
4. $650 ($25 in the regular paycheck every two weeks) for Fire Officer
II, as defined in Florida Administrative Code 69A-37.065
5. $900 ($34.62 in the regular paycheck every two weeks) Fire Officer
III, as defined in Florida Administrative Code 69A-37.065
6. $1,000 ($38.47 in the regular paycheck every two weeks) Fire
Officer IV, 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 Inspector II as defined in Florida Administrative Code 69A-
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 69A-37.065.
Maintenance of these certifications is the sole responsibility of the person
holding the certification.
D. Employees meeting the qualifications in 24.2.D below shall receive only
one of the following:
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).
2. Bachelor's Degree in Fire Science, Fire Administration, Fire
Engineering, Fire Protection Technology, Emergency Management,
EMS, Nursing, Health Care Administration, Industrial Safety,
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Occupational Safety, Risk Management, Human Resources,
Leadership and Management, Professional Management,
Organizational Studies, Paramedic SciencelTechnology, Business
Administration, Public Administration, Criminal Justice, or any other
similar degree program approved by the Fire Chief - $2,600 ($100 in
the regular paycheck every two weeks).
E. Employees achieving their educational milestone or certification shall be
paid the incentive effective the payroll period that the milestone was
reached or certification awarded.
F. Only those employees having degrees from accredited institutions will be
eligible for payment under 24.2 D. It 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 Institutions and Programs. In the event an
employee completes a qualifying degree from 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
incentives in 24.2. D.
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ARTICLE 25
EDUCATION REIMBURSEMENT PROGRAM
25.1 Each year, the City shall budget an educational fund of $40,000 and sufficient additional funds,
if necessary, 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 15th
of each year and successfully completed in accordance with Article 25.2 before August 15th of the next
year. 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 30th
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 15th and the following August 14th), if there is any remaining balance of the educational fund 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 educational funds remaining and the amount spent by each employee for
the additional approved courses. In any event no employee shall receive reimbursement in any one
year in excess of $2,500.
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 course 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 15th 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, ID 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 30th 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 30th.
25.6 If 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 If 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.
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ARTICLE 26
BEREAVEMENT LEAVE
26.1 In 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-
four (24) hour shift will be granted for an employee who travels over 250 miles to attend the service.
26.2 Immediate 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 returns to work.
26.4 Applications may be made to the Fire Chief and/or his/her designee for extension of
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.
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ARTICLE 27
UNIFORMS
27.1 The City shall supply as needed to each member, at no cost to the member:
a. Dress Uniform:
Short sleeve and long sleeve, button shirt with Fire Rescue Patch, white for
Lieutenants, Captains, and Inspectors, blue for all others.
Dark blue pants
Black belt
Badge
Nametag
Collar Insignia, if applicable
Paramedic or EMT patch (except for long sleeve button shirt)
b. 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:
Blue or white short and long sleeve T-shirt with approved Union logo
Dark blue pants
Black belt
d. Turn -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 of
performing required job duties may be considered for replacement up to an amount of $100.00 after
presenting report of breakage or damage to the Department. Personal equipment is defined as
glasses, watches, knives, rescue or fire tools, and wedding bands. All lost or misplaced City issued
36
equipment, clothing or uniforms will be replaced by the employee.
27.3 All employees shall wear ANSI approved 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.
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ARTICLE 28
TERMINATION OF BENEFITS
28.1 Vacation time, sick leave, holiday time and overtime (compensatory time) that has been
performed and is in an accumulated status, will be compensated in accordance with applicable
contract provisions by check upon termination or entry into the DROP provided at least two weeks
written notice of termination or entry into the DROP has been provided to the City or on the next
payday at the option of the employee. If two weeks written notice has not been provided to the City,
the final payment shall be processed with the next scheduled payroll.
28.2 The City shall be entitled to withhold all or a portion of the final check pending the member's
return of all City property in his/her custody including, but not limited to, Fire Rescue Department
equipment, health insurance cards, and City identification cards.
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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.
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.
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ARTICLE 30
SENIORITY
30.1 Each employee shall have seniority standing in the Fire Rescue Department equal to the
employee'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 any
matters involving seniority, which are utilized in this contract.
30.3 Any "ties" identified as a result of the use of this article shall be broken by the use of the
following criteria:
1. Original Date of Employment
If the same: 2. Date employee signed the Conditional Offer of Employment
If the same: 3. Date and, if applicable, time employment application was received by Human
Resources Department
If the same: 4. Date application was signed by the employee.
30.4 The Human Resources Department annually will publish a seniority list by September 1st
iO
ARTICLE 31
PERSONNEL REDUCTION
31.1 In the event of personnel reduction, employees shall be laid off in the inverse order of their
seniority in the Tamarac Fire Rescue Department. If 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 from the date of mailing of notice to respond affirmatively. If the City fails to
receive an affirmative response, the employee shall be removed from the recall list and the City shall
have no further obligation to the employee.
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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 candidates
to efficiently and effectively perform the duties of the position to be filled.
32.2 Announcements for promotional examinations shall include eligibility requirements, application
procedure, date of examination, and a list of the source material to be used in the development of the
written 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-mail will meet this
posting requirement.
32.3 Promotional examinations will be scheduled at least once every two (2) years or when a
promotional list is depleted. The Driver/Engineer examination will be given in 2016 and every two
years thereafter, prior to June 30th. The Lieutenants examination will be given in 2017 and every two
years thereafter, prior to June 30th. The Captain examination will be given in 2017and every two years
thereafter, prior to June 30th
32.4 Promotional examinations may be composed of the following components: an assessment
center, practical demonstration of skills, a written test and/or an oral review board; provided that there
will at least be a written test or a written portion of an assessment center. The weights for individual
subcomponents 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 this
Article.
32.6 Each component of the testing process will be valued at 100 points. Each component shall
require a passing score of 70%. The final score shall be based on the total score of all components
divided 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 Guidelines and current departmental
medical protocol manuals.
32.8 The Human Resources Department will notify each candidate of his/her score and the
candidate will be provided an opportunity to review his/her examination packet and score. The Human
Resources Department's inability to contact any individual candidate will not delay or interrupt the
promotional process. Candidates will have ten (10) calendar days from the notification date to examine
with 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 on
each component of the examination, and will be in effect until a new promotional list is posted in
accordance with this Article.
32.10 All promotions shall be made from the existing promotional lists. The Fire Chief shall have the
sole and exclusive discretion to promote any one (1) of the top three (3) candidates on a promotional
list. If a candidate is being passed over for promotion, the Fire Chief shall offer to meet with the
candidate 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 next
ranked candidate shall be moved up on the list to provide a pool of the top three candidates from
which a selection may be made.
42
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 If 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. 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
Paramedic Certificate, and Degree
(either Associates or Bachelors.)
lM
Fire Rescue, and State of Florida
in Fire Science or Fire Protection
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.
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.
C. Captain 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.
ME
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
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
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(a) a Florida Fire Officer II Certification or (b) have completed a minimum
of thirty (30) upper division credit hours towards a Bachelor's degree in
Fire 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) successfully completed the City's
Supervision in Government series; and (4) a degree in Fire Science or
Fire Protection, EMS, Nursing, Emergency Administration and
Management, Public Safety Administration or related field as approved
by the Fire Chief (either Associates or Bachelors.)
All promoted Captains must have successfully completed the City's
Supervision in Government series by September 30, 2018.
32.15 Veteran's preference shall be granted in accordance with all Federal and State Statutes and
regulations.
32.16 Effective January 1, 2015, Lieutenant candidates will be awarded four (4) points toward their
written test score for successfully completing the Tamarac Fire Rescue Officer Development Program
prior to the date of the written test. The content of the Tamarac Fire Rescue Officer Development
Program will be at the sole discretion of the Fire Chief; however, the Fire Chief shall meet and confer
annually with the Local regarding the program content. The program will be a blend of competency
based education, online education, skills assessments, and classroom training. The classroom training
component will consist of no less than 24 contact hours and no greater than 48 contact hours, and will be
completed off duty. No overtime or additional compensation will be paid for any off duty attendance.
Effective January 1, 2017, Lieutenant candidates will be awarded four (4) points toward their written test
score for successfully completing the Tamarac Fire Rescue Officer Development Program prior to the
date of the written test, but within two (2) years of the written test. Those candidates who previously
completed the Tamarac Fire Rescue Officer Development Program may complete a bridge course prior
to the date of the written test in lieu of completing the entire program again. The bridge course will be no
greater than 24 contact hours and will be a blend of competency based education, online education,
skills assessments, and classroom training. No overtime or additional compensation will be paid for any
off duty attendance.
Lieutenant candidates who have not previously completed the Tamarac Officer Development Program
may instead be awarded four (4) points toward their written test score for possessing a Florida Fire
Officer II certification AND completion of the Tamarac Fire Rescue Officer Development Program bridge
course prior to the date of the written test, but within two (2) years of the written test. The bridge course
will be no greater than 24 contact hours and will be a blend of competency based education, online
education, skills assessments, and classroom training. No overtime or additional compensation will be
paid for any off duty attendance.
Points awarded through any option in 32.16 may not be used to reach a passing score.
32.17 Effective January 1, 2015, captain candidates will be awarded four (4) points toward their written
test score for successfully completing the Tamarac Fire Rescue Captain Development Program prior to
the date of the written test. The content of the Tamarac Fire Rescue Captain Development Program will
be at the sole discretion of the Fire Chief; however, the Fire Chief shall meet and confer annually with the
Local regarding the program content. The program will be a blend of competency based education,
online education, skills assessments, and classroom training. The classroom training component will
consist of no less than 24 contact hours and no greater than 48 contact hours, to be completed off duty.
No overtime or additional compensation will be paid for any off duty attendance.
44
Effective January 1, 2017, Captain candidates will be awarded four (4) points toward their written test
score for successfully completing the Tamarac Fire Rescue Officer Development Program prior to the
date of the written test, but within two (2) years of the written test. Those candidates who previously
completed the Tamarac Fire Rescue Officer Development Program may complete a bridge course prior
to the date of the written test in lieu of completing the entire program again. The bridge course will be no
greater than 24 contact hours and will be a blend of competency based education, online education,
skills assessments, and classroom training. No overtime or additional compensation will be paid for any
off duty attendance.
Captain candidates who have not previously completed the Tamarac Officer Development Program may
instead be awarded four (4) points toward their written test score for possessing a Florida Fire Officer III
certification AND completion of the Tamarac Fire Rescue Officer Development Program bridge course
prior to the date of the written test, but within two (2) years of the written test. The bridge course will be
no greater than 24 contact hours and will be a blend of competency based education, online education,
skills assessments, and classroom training. No overtime or additional compensation will be paid for any
off duty attendance.
Points awarded through any option in 32.17 may not be used to reach a passing score.
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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 currently 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 If at any time during the probationary period, a promoted employee does not perform
satisfactorily, he/she shall be returned to his/her original classification, if that classification is covered
by this contract. In the event his/her original classification, if covered by this contract is occupied the
last employee promoted to fill that classification shall be returned 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.
,R
ARTICLE 34
UNION BUSINESS
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
inform the City, in writing, of the names and rank of its officers and of its negotiating team within five
(5) days after their appointment/election. Time off for Union business is subject to each of the
following 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 during
the 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 of
twelve (12) twenty-four (24) hour shifts being 288 hours total for the conduct of Union business in any
one (1) fiscal year.
34.3 Any Union member designated by the District President may attend Union business after
agreement in writing by the Fire Chief.
34.4 Time spent on authorized Union business or otherwise permitted under this Article, will not be
counted as hours worked for computation of overtime.
34.5 Time off as provided in this Article may be used by elected firefighter pension board trustees
for attendance at firefighter pension board meetings, and conferences or seminars approved by the
firefighter pension board. The City will provide up to two (2) twenty four hour shifts per fiscal year per
elected trustee for this purpose. The Union will provide up to two (2) twenty four hour shifts per fiscal
year per elected trustee for this purpose. Time used in each fiscal year by each elected trustee shall
be divided equally between the City and the Union.
34.6 All leave requests for Union business or leave as otherwise permitted under this Article must be
signed by the Union District President before approval.
34.7 Up to two (2) members of the negotiation team may attend collective bargaining negotiation
sessions while on duty as long as such attendance does not result in any overtime and no units are
removed from service.
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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. In accordance with
Florida Statute 447, 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 uninterrupted operations and functions of the City.
48
ARTICLE 36
RULES AND REGULATIONS
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 current copy of the Rules and Regulations shall be available for review in the City's Intranet.
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 upon
the request of either party for the purpose of discussing any matter of mutual interest. The Fire Chief
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).
ARTICLE 37
FIREFIGHTERS BILL OF RIGHTS
37.1 The City and the Union agree to fully comply with all provisions of the "Firefighters Bill of
Rights" in accordance with Florida Statutes and a copy of those provisions shall be included in the
Tamarac Fire Rescue Department Rules and Regulations.
50
ARTICLE 38
DRILLS/TRAINING
38.1 The Fire Chief shall have the sole responsibility for the training of members within the Fire
Rescue Department. The Training Officer, designated by the Fire Chief, will post training, classes, and
drill schedules.
38.2 Drills and/or classes typically will be between 09:30 hours to 16:00 hours Monday through
Friday, as is currently practiced, however drills may occur from 0800 hours to 23:00 hours as special
circumstances 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 will be no longer than eight (8) hours.
38.6 Drills shall be suspended or modified when in the opinion of the Company Officer, after
consultation with the shift supervisor or Battalion Chief, the weather conditions pose a hazard to the
well being of the participants.
38.7 The City reserves the right to establish minimum training standards. These standards shall be
established by the Fire Chief.
38.8 Company Officers shall be assigned the responsibility of ensuring that training standards are
accomplished.
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ARTICLE 39
MAINTENANCE DAY
39.1 As a guideline for twenty-four (24) hour shift employees, the normal work day for all routine
activities, i.e., - vehicle maintenance, station maintenance, and all other similar activities - shall begin
at 0800 and end at 1600, (with the exception of training, vehicle readiness, and service readiness
and/or capability).
52
ARTICLE 40
JOB DUTIES
40.1 It 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 Whenever 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. If 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. If either party
is not satisfied, the differences shall be resolved pursuant to bargaining in accordance with F.S. 447.
The City agrees not to require any employee hired prior to October 1, 1994 to become a Paramedic,
except as outlined in Article 32.
40.3 Personnel covered by this contract shall not be required to perform lawn maintenance.
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ARTICLE 41
CIVIL SUITS
41.1 The City agrees 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 within the employee's scope of employment and will file proper and
appropriate counter suits.
54
ARTICLE 42
BULLETIN BOARDS
42.1 The City shall furnish one (1) bulletin board per station for the exclusive use of Local 3080,
International Association of Firefighters, for posting of bulletins, notices and other Association
materials. Any notice or item placed on the bulletin board shall bear on its face the legible designation
of the District President (DP) of Local 3080 or his designee by official seal, stamp or signature.
55
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 Department and the City.
43.2 It is recognized by the parties that the activities enumerated in Paragraph 1, are contrary to the
laws of the State of Florida and the City shall be entitled to seek and obtain legal and/or equitable relief
in any court of competent jurisdiction.
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ARTICLE 44
SPECIAL OPERATIONS
44.1 The City has the sole and exclusive discretion to establish a Special Operations Team.
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ARTICLE 45
NON-DISCRIMINATION
45.1 No employee covered by this Agreement will be discriminated against by the City and/or the
Union with respect 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 Agreement because of race, sex
including pregnancy, national origin, color, age, disability, marital status, political affiliation, familial
status, sexual orientation, gender identity and expression or religion.
58
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 financial statement.
MI
ARTICLE 47
CIVIL EMERGENCY
47.1 If, a civil emergency condition is declared by the Governor including but not limited to strikes,
work stoppages, riots, civil disorders, hurricane conditions, or similar occurrences, 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.
z
ARTICLE 48
SEVERABILITY CLAUSE
48.1 Should any provision of this collective bargaining agreement, or any part thereof, be rendered
or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a
court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full
force and effect for the duration of this Agreement. The parties agree to immediately meet and confer
concerning any invalidated provision(s).
61
ARTICLE 49
KELLY DAYS
49.1 This article applies only to those employees assigned to a twenty-four (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 Kelly Day may not occur on an employee's seventh (7th) shift.
No overtime will be incurred as a result of Kelly Day changes. "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 2"d). Kelly Day assignments will be issued by October 30th
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. In 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 shift) 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 Day" 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 In 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 In 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 Kelly Days within their prospective shifts.
In 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 incurred 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.
62
ARTICLE 50
PARAMEDIC ASSIGNMENT PAY
50.1 All assigned Paramedics will be paid as paramedics as established in Article 8, Wages. Any
paramedic removed from assignment for more than 30 days will be paid as an EMT in accordance with
Article 8, Wages. For the life of this agreement, no assigned paramedic will lose their assignment and
pay 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. The
City will reimburse the employee for the continuing education costs incurred, in accordance with Article
25, as long as the employee has been pre -approved to attend the course by the Fire Chief or his/her
designee. Attendance will be during the employee's own time and will not be compensated by the
City.
63
ARTICLE 51
TERM OF AGREEMENT
51.1 This Agreement shall be effective this 1st day of October, 2015 and shall remain in full force
and effect until and including September 30, 2018.
DATED this day of&-11-Jw, 2015.
-�-- y
-TAMA
�® SEA` • �®`
ATTEST: ��i�„Cr'`;;;�����
ATTEST:
O ED AS TO FORM
AMU L S. GOREN
CITY ATTORNEY
�j
CITY OF TAMARAC
HARRY DRMSLER
MAYOR
This day of , 2015
BY:
ICHAEL C. CERNECH
CITY MANAGER
This ��ay otVr 2015
BY:40BIE'RIT
�
D. SOLOFF
CHIEF NEGOTIATOR
r i
This day of, �� , 201 f6
JOHN ' UL, DISTRICT PRESIDENT
INTER TIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 8080
BRIAN POWELL, PRESIDENT
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 3080
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cam a
Mutual Consent Agreement
(Use of Insurance Premium Tax Revenue)
This Mutual Consent Agreement is entered into between the CITY OF TAMARAC, a Florida municipal
corporation, (the "CITY") and LOCAL 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 Insurance 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 (also known as the actuarial required contribution "ARC") to
the City's Firefighter Pension Fund represents a significant ongoing fiscal expense to the City and its taxpayers
which could be eased by use of the available IPTR to offset the City'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 Agreement will become effective when signed by IAFF and City.
City Manager
TIO"F FIREFIGHTERS, LOCAL 3080
John (Jbul, District Preside
Brian FY(rvell, President
International Association of Firefighters
Local 3080
ATT
Pa Teufel, CMC }
City Clerk
APPRO AS TO LEG I„FORM:
0111, / ��,
Sam G en, CO tome
Date: / — —/6
Date: l�
Date:
EXHIBIT C
44
C
November 19, 2015 OU i
Mr. John Gaul
sn--President
Local 3080
Tamarac, Florida
Dear John:
As a condition of the acceptance and ratification of the proposed collective bargaining
agreement, effective October 1, 2015, 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, which provides the following changes to the Firefighter's Pension Plan:
• Effective 1/1/2016 -Add eligibility for DROP at 18 years of service and age 55 with the
same maximum DROP period of 5 years; and
• Effective 1/1/2016 - Eliminate the Retirement Subsidy (Section 16.515) for deferred
vested plan participants; and
• Effective 1/1/2016 —Modify the Supplemental Pension (Section 16.516) for all plan
participants who retire (or enter DROP) to provide such benefit only if the participant has
a balance of 200 hours or more of unpaid sick leave upon separation of service.
The City and the IAFF, Local 3080 mutually consent and agree that the use of all insurance
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 actuarial required contributions to
the City of Tamarac's Firefighter's Pension Plan via separate Mutual Consent Agreement (see
attached.)
Sincerely,
Maria Swanson
Director of Human Resources
Cc: Michael C. Cernech, City Manager
Sam Goren, City Attorney
Mike Burton, Fire Chief