HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-0021
Temp. Reso. No. 11120
01 /04/07
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007-_0�
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, 2006 THROUGH SEPTEMBER 30, 2009;
AUTHORIZING THE PREPARATION OF AMENDMENTS TO CHAPTER 16 OF
THE CITY CODE FOR CONSIDERATION BY THE PENSION BOARD;
PROVIDING FOR THE TRANSFER OF FUNDS; 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, 2006; and
WHEREAS, the City of Tamarac created a negotiating team to renegotiate the
Agreement; and
WHEREAS, the negotiating team consisted of the Special Counsel for Labor
Robert Soloff, Director of Human Resources Maria Swanson, Fire Chief Jim Budzinski,
Deputy Fire Chief Kingman Schuldt, Assistant Director of Human Resources Dorothy
Cummings, Budget Officer Chris Sammartino, Budget Analyst Kareyann Ashworth, and
Battalion Chief Percy Sayles; and
WHEREAS, the City of Tamarac and the IAFF have collectively bargained in
good faith and have reduced said bargaining to an Agreement attached as Exhibit A; and
WHEREAS, on January 3, 2007, the employees covered by this Agreement,
ratified the Agreement; and
Temp. Reso. No. 11120
01 /04/07
Page 2
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 have agreed to make certain amendments to Chapter 16 of the
Code of the City of Tamarac (the Pension Ordinance) effective March 1, 2007 providing
changes to the Firefighter's Pension as outlined in the attached letter (Exhibit B); and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interests 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:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and hereby made a specific part of this Resolution.
SECTION 2: That the City Commission approves the Agreement, attached as
"Exhibit A" by and between the City of Tamarac and the International Association of
Firefighters, Local 3080 for the period from October 1, 2006 through September 30,
2009.
SECTION 3: That since the members of the Bargaining Unit ratified the
Agreement on January 3, 2007, the appropriate City Officials are hereby authorized to
execute said Agreement on behalf of the City of Tamarac.
SECTION 4: That the City will prepare amendments to Chapter 16 of the Code
of the City of Tamarac (the Pension Ordinance) for consideration by the Pension Board
and the City Commission as outlined on Exhibit B.
Temp. Reso. No. 11120
01 /04/07
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SECTION 5: That all appropriate budget transfers required to fund the provision
of this Resolution are hereby approved.
SECTION 6: All resolutions or parts 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 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 January 2007.
ATTEST:
M RION SWE SON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
F
SAMUEL S. GOREN
CITY ATTORNEY
BETH FLANSBAUM-TALABIS O, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCC
DIST 1: V/M PORTNER ;+
DIST 2: COMM ATKINS-GRAD_
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
c
CONTRACT
BETWEEN
THE CITY OF TAMARAC
AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF)
EFFECTIVE OCTOBER 1, 2006 THROUGH
SEPTEMBER 30, 2009
TABLE OF CONTENTS
TITLE
ARTICLE #
PAGE #
Agreement
1
4
Recognition
2
5
Reopener Clause
3
6
Management Rights
4
7
Grievance Procedure
5
8-10
Arbitration
6
11
Check -off
7
12-13
Wages
8
14-16
Longevity Pay
9
17
Overtime Pay
10
18
Call-back Pay
11
19
Basic Work Week
12
20
Working out of Title
13
21
Vacation
14
22-23
Holidays
15
24
Medical Coverage
16
25
Sick Leave
17
26
On -the -Job Injury
18
27
Presumed Communicable Diseases
19
28
Wellness Program
20
29-30
Substance Abuse
21
31
Time Pool Bank
22
32
Leaves of Absence
23
33
Incentive Pay
24
34-35
Education Reimbursement Program
25
36
Bereavement Leave
26
37
Uniforms
27
38-39
Termination of Benefits
28
40
Probationary Period/
29
41
Employee (New Hire)
Seniority
30
42
Personnel Reduction
31
43
Promotional Examinations
32
44-46
Promotional Probation
33
47
Union Business
34
48
Employee Rights
35
49
2
TITLE
Rules and Regulations
Firefighters Bill of Rights
Drills and Training
Maintenance Day
Job Duties
Civil Suits
Bulletin Boards
Work Stoppages
Special Operations
Non -discriminations
Services to the Union
Civil Emergency
Severability Clause
Kelly Days
Assignment Pay
Terms of Agreement
TABLE OF CONTENTS
ARTICLE # PAGE #
36
50
37
51
38
52
39
53
40
54
41
55
42
56
43
57
44
58
45
59
46
60
47
61
48
62
49
63
50
64
51
65
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.
4
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
5
ARTICLE 3
REOPENER CLAUSE
3.1 The term of this Agreement shall be three (3) years beginning October 1, 2006 and ending
September 30, 20M
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.
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.
7
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 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.
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 mutually agreed upon).
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 mutually agreed upon).
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 mutually
agreed upon).
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 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.
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OFFICIAL GRIEVANCE FORM
Before completing this form, carefully read the provisions of Article 5 in the Contract.
Type or print clearly. Use additional paper if necessary.
NAME RANK STATION/SHIFT
GRIEVANCE TYPE: INDIVIDUAL CLASS ACTION (start at Step Three)
STEP ONE: 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:
Supervisor's response/explanation
Date Received: Date Answered: Signature:
RESOLUTION: ACCEPTED REJECTED Signature:
STEP TWO: MUST BE PRESENTED TO BATTALION CHIEF ("BC") WITHIN TEN (10) DAYS OF
SUPERVISOR'S RESPONSE. BC MUST RESPOND WITHIN TEN (10) DAYS OF RECEIPT.
Battalion Chiefs response/explanation:
Date Received: Date Answered:
Signature of Union Official if INDIVIDUAL GRIEVANCE:
RESOLUTION: ACCEPTED REJECTED Signature:
STEP THREE: MUST BE PRESENTED TO THE FIRE CHIEF WITHIN TEN (10) DAYS OF BC'S
RESPONSE. FIRE CHIEF MUST RESPOND WITHIN TEN (10) DAYS OF RECEIPT.
Fire Chief's response/explanation:
Date Received: Date Answered:
Signature of Union Official if CLASS ACTION GRIEVANCE:
RESOLUTION: ACCEPTED REJECTED Signature:
STEP FOUR: MUST BE PRESENTED TO THE CITY MANAGER OR DESIGNEE WITHIN TEN (10) DAYS
OF FIRE CHIEF'S RESPONSE. CITY MANAGER/DESIGNEE MUST RESPOND WITHIN TWENTY (20)
DAYS OF RECEIPT.
City Manager's response/explanation:
Date Received: Date Answered: Signature:
RESOLUTION: ACCEPTED REJECTED Signature:
ARBITRATION MUST BE FILED WITHIN 15 DAYS OF CITY MANAGER'S ANSWER.
Request for Arbitration submitted on by (Signature of
authorized Union Representative).
Arbitration request received on by (Signature of
authorized City Representative).
10
r_31:1111r.11111:t:l
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.
6A 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.
11
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 Vice 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:
12
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.
Signature
Payroll/Social Security Number
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
I 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.
Signature Date
Payroll/Social Security Number
VERIFICATION OF NOTICE TO UNION REGARDING DUES DEDUCTION
of the IAFF Local 3080 verify
that has notified the Union of his/her wages.
Signature
Date
13
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. The parties agree to
implement the pay plan and the placement of members within the pay plan. Current Lieutenants who are not
paramedics shall be paid ten percent (10%) below the hourly rate listed in the pay plan for the duration of the
two-year period permitted under Article 32.10(B). 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. Employees
currently in a step who do not meet all job qualifications may remain in that step, however, they shall not be
eligible for advancement to the next step unless they meet all qualifications of the current step and the next
step.
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.
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 or EMS Program
in non -elective course requirements at the National Fire Academy, the State Fire Academy, other accredited
educational institution, or training facility approved by the Fire Chief. It is the parties' understanding that
accredited educational institutions only include colleges and universities which are accredited by recognized,
well established entities.
C97:9
One (1) year in the current step and one (1) additional course" in the following specific areas (for credit or
certificate): Apparatus Operations, Incident Command, or Safety Officer, as approved by the Fire Chief. If a
member fails to achieve an educational requirement at the time of an annual step increase, and
subsequently achieves the educational requirements after an additional year has passed, the member may
be placed in the step commensurate with their years of experience, effective the date both the educational
and time -in -step requirements were both met.
14
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 Step J.
m
One year as a Driver/Engineer in the previous step and three (3) additional credits"* in a Fire Service or EMS
Program in non -elective course requirements at the National Fire Academy, the State Fire Academy, other
accredited educational institution, or training facility approved by the Fire Chief. It is the parties'
understanding that accredited educational institutions only include colleges and universities which are
accredited by recognized, well established entities.
101V
One year as a Driver/Engineer in the previous step and one (1) additional course'" in the following specific
areas (for credit or certificate): 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 or EMS, or an equivalent number of credits necessary to meet the requirements of
Firefighter J 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 or
EMS Program in non -elective courses 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. 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 Fire Inspectors are eligible for a one step increase after each year of service in the step, until
reaching the maximum step.
8.8 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.
8.9 Employees who were eligible for and received 2.5% in the previous contract will receive 2.5%
additional pay for the term of this contract.
15
8.10 A Firefighter who is promoted to Driver/Engineer or Lieutenant shall be placed at the Driver/Engineer
A step or the Lieutenant A step, 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 A step 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 A step 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.
8.11 Pay increases and pay plan adjustments for October 1, 2007 and October 1, 2008 are specified in
Appendix A.
16
ARTICLE 9
LONGEVITY PAY
9.1 In 2006, longevity will be paid in accordance with Article 9.1 and 9.2. Full-time
employees of record will receive a lump sum longevity payment annually on the first pay period
in December in accordance with the following schedule, based on the number of years 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%
9.2 Longevity pay shall be based on the base rate of pay effective November 30, 2006.
9.3 Effective the payroll period including December 1, 2006, 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 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%
17
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 in excess of the firefighter's
average work week. Paid sick leave used during the City's standard two (2) week pay period
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. There must be two lieutenants on duty
working in the capacity of lieutenant 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.
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 Personnel shall not be scheduled for more than thirty-six 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: Captain,
Lieutenant, Driver/Engineer, Firefighter, Fire Inspector, until Telestaff 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 for that rank which caused the need for the overtime.
W,
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 from off duty, for a work -related reason, shall be paid at least three (3) hours
call-back pay at one and one half times the employee's regular rate of pay.
11.2 The Chief or his designee shall be the authorized agent to initiate/terminate the call-back
for personnel.
11.3 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.
19
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.
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 Personnel shall not be scheduled for more than thirty-six hours 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.
Oki]
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 fifty cents ($1.50) per hour for
the higher classification. A minimum of four (4) consecutive hours must be worked, within the
higher classification, in order to receive the additional compensation.
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.
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 A shift supervisor is the Lieutenant or Captain assigned on a temporary basis to
coordinate and oversee the operation of the shift for the period assigned. Beginning in January,
1998, employees assigned as a Shift Supervisor will receive additional compensation as
outlined in 13.1.
21
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 for 60 calendar days or more covered by
this Contract 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.
14.4 Any employee who is separated from the service (resignation, death, retirement 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.
I07PA
14.6 Personnel assigned to a 48 hour work week shall take a minimum of 96 hours of
scheduled vacation leave each contract 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 time being forfeited, 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 shifts 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. 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 If two or more members independently agree to any mutual exchange agreement, it must
be in increments of 4 hours, commencing at 0800 hours or 1200 hours, or after 1600 hours in
one hour blocks, subject to the provisions of Article 12.4. Mutual exchanges shall be on a
position for position basis, i.e. the same rank or on a current promotional list for the same rank.
A member shall only utilize two (2) mutual exchanges in a 24 hour shift.
14.9 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.
23
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 one (1) twenty-four (24) hour
tour of duty as personal leave accumulated on October 1 of each fiscal year. 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 between 0800 hours (the beginning of the shift) and 2100 hours shall not be
entitled to holiday pay for that holiday. All employees scheduled to work a holiday and who
incur unscheduled leave between 2100 hours and 0800 hours during that scheduled shift shall
be entitled to the holiday pay only for the number of hours worked during that portion of the shift
for that holiday.
24
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 2007 shall be as
follows:
Aetna HMO PAID BY EMPLOYEE MONTHLY
Single $ 0
Family $ 173.11
Aetna QPOS
Single $ 83.20
Family $194.81
Aetna PPO
Single $105.29
Family $256.38
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.
25
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 between October 1 and
March 31 of any fiscal year shall accumulate twelve (12) hours of vacation leave. Any
employee of the bargaining unit who uses no sick time between April 1 and September 30 of
any fiscal year shall accumulate twelve (12) hours of vacation leave. 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 workweek shall accumulate sick leave at the rate
of eight (8) hours per month.
P�1
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 (48 hours) 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.
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 If a member of this department is injured or collapses during a fire, that member shall
have blood drawn at the nearest medical facility and tested for the presence and level of carbon
monoxide, and any other toxic gases.
MA
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 contracts AIDS, Hepatitis, or
Cancer, will be entitled to be compensated as in the
"ON-THE-JOB INJURY", Article 18.
28
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 unit 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.
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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 for HEPA and
SCBA masks, having influenza and/or other vaccines available, and providing tuberculosis
screening as recommended through national, state and local guidelines. Both parties agree to
continually pursue other items, for healthcare (firefighters) workers.
ARTICLE 21
SUBSTANCE ABUSE ARTICLE
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 are 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.
31
ARTICLE 22
TIME POOL BANK
22.1 Upon Union notification to the City of an employee with a long-term illness/injury, the
employee will be put on a 40 hour work week.
22.2 Said employee will use one (1) month's 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.
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. Such Leave may be approved for
at least a year on a monthly basis based upon the physician's letter that the employee cannot
return to work at this time but is still recuperating.
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.
k.a
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.
*3
ARTICLE 24
INCENTIVES
24.1 In 2006, incentives will be paid in accordance with Article 24.1, 24.2, and 24.3.
Incentives will be paid in the first pay period of December so long as an employee has
completed educational qualifications, is certified or is assigned to the Special Operations Team.
The Incentive Pay shall be based on the employee's rate of pay on November 30 of each
contract year. Employees who begin employment after November 30, and/or employees who
attain the specified educational qualifications certifications, or assignment to the Special
Operations Team after November 30 and/or employees who have an unpaid leave of absence
in excess of thirty calendar days (other than FMLA leave) in the twelve months prior to
November 30, shall be entitled to a pro rata share of the applicable Incentive Pay. Employees
who receive notification that their college degree has been accepted by the State for
supplemental firefighter's compensation in the twelve months prior to November 30, shall be
entitled to a pro rata share of the applicable Incentive Pay, from the date of the State's
acceptance and approval of the degree. This shall be computed by taking the Incentive
payment, dividing by 365 days, times the employee's days of paid employment and/or
educational attainment since November 30 of the prior year.
Employees who retire shall be entitled to a pro rata payment of the applicable Incentive
Pay, as specified above, for which they have been qualified or certified or assigned to the
Special Operations Team.
Employees who separate from service with the City, other than retirement prior to
November 30 shall not be entitled to any Incentive Pay.
24.2 Incentive will be given in one (1) lump -sum payment for the following educational
achievements or certifications:
A. EMT I or Paramedic - 5%
B. Florida State Fire Instructor - $600
Employees meeting the qualifications below shall receive only one of the
following:
C. Associates Degree in either Fire Science, EMS, or Nursing or any
combination of the three or a Bachelor's Degree in a major accepted by the State for
supplemental firefighter's compensation - 5% up to $2,570 (only for persons hired prior to
November 1, 1997 and who received their Associates or approved Bachelor's degree by
September 30, 2000.
D. Associates Degree in either Fire Science, EMS, or Nursing or any
combination of the three or a Bachelor's Degree in a major accepted by the State for
supplemental firefighter's compensation - 3% up to $2,570 (only for persons hired on or after
November 1, 1997 or persons hired prior to November 1, 1997 who receive their Associates or
approved Bachelor's degree after September 30, 2000.
34
24.3 Assigned members of the Special Operations Team will be paid (1) lump sum payment of
$1,000, pro rata for the period of the assignment, in accordance with 24.1.
24.4 Effective December 2006, incentives will be paid as additional pay through the regular
payroll process every two weeks as detailed in Article 24.5.
24, 5 Incentives for the following educational achievements or certifications will be paid in the
regular paycheck every two weeks beginning with the first paycheck in December of each
calendar year.
A. Florida Fire Instructor - $650 ($25 in the regular paycheck every two
weeks).
B. Employees meeting the qualifications below shall receive only one of the
following:
1. Associates Degree in either Fire Science, EMS, or Nursing or any
combination of the three - $1,560 ($60 in the regular paycheck
every two weeks).
2. Bachelor's Degree in a major accepted by the State for
supplemental firefighter's compensation - $2,600 ($100 in the
regular paycheck every two weeks).
3. Those members who have received the maximum allowable
($2,570) for an Associate's degree under Article 24.2 (C) or (D)
shall continue to receive $2,570 ($98.85 in the regular paycheck
every two weeks) for the duration of this agreement.
4. Those members who received more than $1,560 but less than
$2,570 in 2006 for an eligible Associate's Degree shall continue to
receive the same actual dollar amount as they received in
December 2006, divided equally in their regular paycheck every
two weeks for the duration of this agreement. Those members who
earned their degree during the 2006 fiscal year and who received
pro-rata incentive pay in December 2006 shall receive the
annualized amount of their 2006 incentive pay divided equally in
their regular paycheck every two weeks for the duration of this
agreement.
C. Assigned members of the Special Operations Team (paid for the period of
assignment only) - $1,560 ($60 in the regular paycheck every two weeks).
D. Employees achieving their educational milestone or certification later in the
year shall be paid the incentive effective the payroll period that the
milestone was reached or certification awarded.
kil
ARTICLE 25
EDUCATION REIMBURSEMENT PROGRAM
25.1 The City shall budget $30,000 per fiscal year to reimburse employees for approved job
related courses. Approval of courses shall come from the Fire Chief.
25.2 An employee who wishes to obtain education reimbursement shall complete the
Course/Program Pre -Approval Form. It is the employee's responsibility to submit the completed
form to their immediate supervisor, and receive the Fire Chief's written approval, within two
weeks from the start of the course.
25.3 If the employee fails to provide the required information to their immediate supervisor by
the above referenced deadline, educational tuition reimbursement may be denied.
25.4 To receive the education reimbursement payment for the approved course/training, the
employee must submit an itemized receipt of the tuition and appropriate costs, along with
evidence of the satisfactory completion of the course/training, to the City within sixty (60) days
of completing the course.
25.5 The City shall reimburse employees at the tuition rate approved by the Florida Board of
Regents for Florida Atlantic University or Florida International University, whichever is higher.
The City shall pay for the appropriate costs of the courses, including registration fees, charge for
semester hours lab fees, textbooks, etc. Textbooks and accompanying CD Rom disks, and
other publications paid for by the City shall be returned to the City upon completion of the
course in order to be eligible for reimbursement. The City shall not pay for late registration fees,
miscellaneous supplies, travel time or travel expenses and cost of transcripts.
25.6 Any course which results in a state certification shall not be reimbursable until state
certification is awarded.
25.7 If an employee does not pass a course with a grade of "C" or better, or withdraws from a
course, the employee shall not be eligible for the educational reimbursement.
25.8 All education reimbursements an employee receives from the City may be subject to
taxation per applicable laws.
25.9 If an employee voluntarily terminates prior to two (2) years from completion of the
course(s), the City shall be reimbursed for all expenses. The City shall deduct this amount from
the employee's final paycheck.
36
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 travels over 250 miles to attend the service.
UFA
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 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.
39
ARTICLE 28
TERMINATION OF BENEFITS
28.1 Vacation time, sick leave, holiday time and overtime 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.
H1
ARTICLE 29
T
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.
41
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
1 St
IPA
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.
43
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
posted in each Fire Station no less than ninety (90) calendar days prior to the date of the
examination.
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 even numbered
years, prior to June 1. The Lieutenants examination will be given in odd numbered years, by
June 1. The Captain examination will be given in odd numbered years, by June 1.
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.
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 meet
with the candidate and advise the candidate of the reason(s) he/she is being passed over for
promotion.
44
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.
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
Operation course approved by the Fire Chief.
B. Fire Lieutenant 5 years of service with Tamarac Fire Rescue, or 3
years of service with Tamarac Fire Rescue and a
Degree in Fire Science (either Associates or
Bachelors).
Any person promoted to the position of Lieutenant
after October 1, 1999 must within 2 years of the
effective date of the promotion acquire and
maintain the following: 1) A State of Florida
Paramedic Certificate and 2) either a State of
Florida Fire Officer 1 Certification or a Degree in
Fire Science, (either Associates or Bachelors), or
he/she will be returned to his/her previously held
position. Any person promoted to Lieutenant after
September 30, 2006 must possess and maintain
the following: 1) A State of Florida Paramedic
Certificate and 2) either a State of Florida Fire
Officer 1 Certification or a Degree in Fire Science
(either Associates or Bachelors).
C. Captain 3 years of service with Tamarac Fire Rescue as a
Lieutenant, an Associate's or Bachelor's Degree in
Fire Science; or EMS with a State of Florida Fire
Officer I Certification, or related field with a State of
Florida Fire Officer I Certification. Any person who
is promoted to Captain on or before October 1,
2008 without meeting the educational requirements
identified must within two (2) years of the effective
date of the promotion meet the educational
requirements or he/she will be returned to his/her
45
previously held position. Any person promoted to
Captain must possess and maintain a State of
Florida Paramedic Certificate.
After October 1, 2008, 3 years of service with
Tamarac Fire Rescue as a Lieutenant, an
Associate's or Bachelor's Degree in Fire Science;
or EMS with a State of Florida Fire Officer I
Certification, or related field with a State of Florida
Fire Officer I Certification. Any person promoted to
Captain must possess and maintain a State of
Florida Paramedic Certificate.
32.15 Veteran's preference shall be granted in accordance with all Federal and State Statutes
and regulations.
46
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 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. In the event his original
classification is occupied, the last employee promoted to fill that classification shall be returned
to his/her previous position.
33.3 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.
ARTICLE 34
UNION BUSINESS
34.1 District Vice -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 appointmentlelection. 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 manpower is available in the regular
shift to properly man 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 Vice -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 Vice -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.
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.
49
ARTICLE 36
I0IR*7_12117:1*11JA111W26�
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
computer library. The Fire Rescue administration shall also supply binders with a hard copy of
the Rules and Regulations in October of each year and such binders will be kept at the Battalion
Chief's Office.
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 DVP 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).
50
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.
51
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.
52
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).
53
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.
54
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.
55
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 Vice President (DVP) of Local 3080 or his designee by official
seal, stamp or signature.
56
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.
61FA
ARTICLE 44
SPECIAL OPERATIONS
44.1 The purpose of providing a Special Operations Team is in an effort to save lives in
emergency situations that require specialized training and response. Members of the dive team
as of October 1, 2003 who meet the criteria set forth by the department shall be included on the
Special Operations Team. Additional personnel may apply for team membership as it becomes
available.
44.2 The Fire Chief shall appoint personnel to the Special Operations Team as he, in his sole
and exclusive discretion, deems to be necessary.
44.3 The Chief or designee shall set training standards and requirements for the Special
Operations Team as well as standards and requirements necessary to maintain the assignment
to the special operations team. Members not meeting the minimum training requirements will
not be eligible for assignment to a Special Operations Team.
44.4 Personnel shall meet the following minimum criterion prior to being considered for
appointment to the Special Operations Team:
Dive Rescue Specialty:
Possession of an International Association of Dive Rescue Specialist, Dive
Rescue I certification.
44.5 Assignment to the Special Operations Team will be reviewed annually by the Fire Chief.
Changes may be made in the team, assignments, and requirements to meet the operational
needs of the department.
44.6 Both the City and the Bargaining Unit agree that the sole purpose of providing dive
rescue is in an effort to save lives and in emergency situations. In no case are Fire Rescue
Department divers used for salvage operations.
44.7 Personnel appointed to the Special Operations Team shall be paid in accordance with
Article 24 of this collective bargaining agreement.
44.8 All personnel assigned to the Special Operations Team shall receive mandatory physical
examinations in accordance with the requirements of Article 20.
44.9 The City has the sole and exclusive discretion to operate a team and shall not be
obligated to maintain the Special Operations Team.
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, national origin, color, age, disability, marital status, political affiliation,
familial status, sexual orientation or religion.
M
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.
M1
r_k i11r611111WIfA
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.
311
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).
62
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. "Kelly Days" shall be bid on the basis of seniority
for each platoon on an annual basis during August of each year for the following calendar year
(January 13). For the purposes of transition, Kelly Day bids made in 2006 shall be made for the
period of September 2006 through December 2007. Kelly Day bids shall be made in August
2007 for calendar year 2008.
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 or 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.
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 a member requests a change of Kelly Day or shift exchange, they shall not have the
right to re -bid and/or subsequently bump another member's assigned Kelly Day or create an
overtime situation that the City is responsible for such costs.
49.6 Any employee may mutually exchange Kelly Days with any other employee within the
Kelly Day cycle as long as minimum staffing levels are maintained and overtime is not incurred
as a result of the mutual exchange. There will be no permanent exchange of Kelly Days due to
employee request after the initial annual bid.
63
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 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 as long
as the course has been pre -approved to attend by the Fire Chief or his/her designee.
Attendance time will be the employee's own time, it will not be compensated by the City.
64
ARTICLE 51
TERM OF AGREEMENT
51.1 This Agreement shall be effective this 1st day of October, 2006 and shall remain in full
force and effect until and including September 30, 2009.
DATED this fh
day of 2007.
This as day of U + , 2007.
ATTEST: BY:
JEFFRE L. MI LER
CITY MANAGER
06Ck This aL4h _ dayofJc)nVoj2J 2007.
ATTEST: - - BY:
ROBERT D. SOLOFF
CHIEF NEGOTIATOR
�/ /3°r's
APPROVED AS JZJ FORM
SAMUEL S. GO#ZEN
CITY ATTORNEY
This day of t , 2007
JA MEG DVP
INT NATI AL ASSOCIATION OF FIREFIGHTERS
LOCAL 3080
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Citv of Tamarac
"Committed to Excellence... Always"
Maria Swanson
Director of Human Resources
December 19, 2006
James Megna
Vice President
Local 3080
Tamarac, Florida
Dear Jim:
Exhibit B
As a condition of the acceptance and ratification of the proposed collective bargaining
agreement, effective October 1, 2006, 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 providing the following changes to the Firefighter's Pension Plan:
• An increase in the annual cost -of -living adjustment (COLA) from 2% to 2.25% for those
participants who retire on or after March 1, 2007 in accordance with all other existing COLA
related terms in the Pension Ordinance.
• 5-year DROP as described in the attached proposal to become effective March 1, 2007.
Effective March 1, 2007, upon separation from employment, an employee can convert a
maximum of 2,496 hours of accumulated sick leave to a retirement supplement to be paid
as a flat monthly supplement payable only after separation from service. The value of the
2,496 hours is equivalent to 3% of the AFC used for pension benefit calculation, and is
payable upon separation from service. If accumulated sick leave hours are below 2,496,
then the retirement supplement is reduced proportionately.
In addition, the City and the IAFF, Local 3080 agree to support the use of all premium tax
revenues, including any past and future increases from the base year revenues, to offset the
costs of providing pension benefits.
Sincerely,
Maria Swanson
Director of Human Resources
Cc: Jeffrey Miller, City Manager
Sam Goren, City Attorney
Jim Budzinski, Fire Chief
7525 N.W. 88th Avenue 0 Tamarac, Florida 33321-2401 ■ (954) 597-3600 ■ Fax (954) 597-3610 ■ www.famorac.org
Equal Opportunity Employer
Proposed Deferred Retirement Option Program (DROP) Concept
(Ordinance language to drafted by pension actuary and attorney, reviewed and
approved by the City and the Union, and reviewed and approved by the
Firefighter's Pension Board and City Commission)
Upon attaining 25 years of service, participant may elect to participate in a
forward DROP of up to 60 months with the current benefit multiplier (participant
may choose to elect DROP at any time at or after 25 years of service until 30
years, with the DROP period corresponding to the remaining years/months of the
participant's service not to exceed 30 years of total service.) AFC is calculated
from the initial effective date of DROP participation.
• In all instances, no less than 60 days prior to entering into the DROP, the
participant must submit written notice of intent to elect DROP and provide an
irrevocable letter of resignation effective no later than the conclusion of the
DROP period.
• 30 days written notice of voluntary termination before the end of the DROP
period to Employer is required while participant is enrolled in DROP.
Participants who elect DROP are presumed to be retired under the Pension Plan.
No disability benefits are provided to DROP participants, death benefits are
provided only under the option chosen by the participant upon entry into the
DROP, DROP participants do not make the employee contributions, and DROP
accounts are invested in accordance with the options currently in the Pension
Ordinance,
Includes current DROP participants who are active City employees.
Proposed Deferred Retirement Option Program (DROP) Concept
(Ordinance language to drafted by pension actuary and attorney, reviewed and
approved by the City and the Union, and reviewed and approved by the
Firefighter's Pension Board and City Commission)
Upon attaining 25 years of service, participant may elect to participate in a
forward DROP of up to 60 months with the current benefit multiplier (participant
may choose to elect DROP at any time at or after 25 years of service until 30
years, with the DROP period corresponding to the remaining years/months of the
participant's service not to exceed 30 years of total service.) AFC is calculated
from the initial effective date of DROP participation.
• In all instances, no less than 60 days prior to entering into the DROP, the
participant must submit written notice of intent to elect DROP and provide an
irrevocable letter of resignation effective no later than the conclusion of the
DROP period.
• 30 days written notice of voluntary termination before the end of the DROP
period to Employer is required while participant is enrolled in DROP.
Participants who elect DROP are presumed to be retired under the Pension Plan.
No disability benefits are provided to DROP participants, death benefits are
provided only under the option chosen by the participant upon entry into the
DROP, DROP participants do not make the employee contributions, and DROP
accounts are invested in accordance with the options currently in the Pension
Ordinance.
• Includes current DROP participants. who are active City employees.