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HomeMy WebLinkAboutCity of Tamarac Resolution R-1975-128M • This Resolution Introduced By: T is Resolu on P el 15y: Temp. #g a CITY OF TAMARAC, FLORIDA RESOLUTION NO. � fs A RESOLUTION RECOGNIZING THE BROWARD COUNTY POLICE BENEVOLENT ASSOCIATION, INC. HEREINAFTER REFERRED TO AS P.B.A. AS THE OFFICIAL BARGAINING AGENT FOR FULL TIME POLICE OFFICERS WHO HAVE VOLUNTARILY EXECUTED THE APPROPRIATE FORM AUTHORIZING THE P.B.A. AS THEIR DESIGNATED BARGAINING AGENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the certain employees in accordance with the Public Employees Relations Act did hold an election regarding whether or not they desired the Broward County Police Benevolent Association, Inc., hereinafter referred to as P.B.A., to represent them in collective bargaining with the City of Tamarac; and WHEREAS, a majority of the employees as aforesaid did elect to retain the said P.B.A. as their bargaining agent; and WHEREAS, the said P.B.A. did petition the Public Employees Relations Commission, hereinafter referred to as PERC for offi- cial recognition as a bargaining agent; and WHEREAS, PERC did issue certification as to said P.B.A.'s bargaining agent status; and WHEREAS, the City of Tamarac and the P.B.A. have collec- tively bargained in good faith and have reduced said bargaining to an agreement, and the City Council of the City of Tamarac, Florida is desirous of ratifying the said agreement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That that certain agreement by and between the City of Tamarac and the P.B.A. dated October 1, 1975, is hereby recognized and confirmed. A copy of the said agreement is attached hereto and made a part hereof. SECTION 2: The terms and conditions of the said agreement are subject to all applicable rules, regulations, and laws of the State of Florida and the Public Employees Relations Commission. SECTION 3: This Resolution shall become effective immediately upon its final passage. PASSED, ADOPTED AND APPROVED this day of , 1975. ATTEST: Y ALK I HEREBY CERTIFY that I have approved the form and correctness of this Resolution. CITY TTORN RECORD OF COUNCIL VOTE MAYOR - D. 10HNSON V / M -M. Glicksman C / W - H. MASSARO I i C / M - 0. TUCKER C / M W. Falck C 4= I I AGREE14ENT between TIM CITY Cam' rM.%7�-RAC and A==IGNI TABLE OF CONTENTS Article Subject 1. . . . . . . . . . . . . . . . . . Preamble 2. . . . . . . . . . . . . . . . . . Recognition 3. . . . . . . . . . _ . . . . . . . .fanagement Rights 4. . . . . . . . . . . . . . . . . . P.B.A. Security f 5, . . . . . . . . . . . . . . Prohibition of Strikes 6. . . . . . . . . . . . . . . . .don-Discri:ain ation ,/ 7 . . . . . . . . . . . . . . . . . Chec?:off . Authorization for Deduction of P.B.A. Dues g, . . . . . . . . . . . . . P.B.A. Representation Y9. . . . . . . . . . . . . . . . . . P.B.A. Business 10. . . . . . . . . . . . . . . . . . Bulletin Boards 11. . . . . . . . . . . . . . . . . Savings Clause 12, , , , , , , , , , , , , , , , , , Internal Security Investigations and Obligation to the Public 3 . . . . . . . . . . . Bereavement Leave . . Leave of Absence ,X4. . . . . . . . . 15, , , , , , , , , . . . . . . . , , , , , , , , , Equipment Issue and %Iaintenance f16 . . . . . . . . . . . . . . . . ?ianpower Utilization J17. . . . . . .. . . . . . . . . . . . ducation 3. . . . . . . . . . . . Sick Leave . . . . . . . . . . . Vacation 20 . . . . . . . . . . . . . . . . . . Seniority .I21. . . . . . . . . . . . . . . . . . Holidays ./22. . . . . . . . . . . . . . . . . . Medical Insurance 23. . . . . . . . . . . . . . ... . . Civil Suits 24. . . . . . . . . . . . . . . . . . % ork �deek and Overtime ,/25. . . . . . . . . . . . . . . . . . Grievance Procedures 26 . . . . . . . . . . . . . . . . . . Arbitration 27. . . . . . . . . . . Wages ✓23. . . . . . . . (Retirement Plan 29. . . . . . . . . . . . . . . . . . Duration of Agreement ARTICLE 1 Preamble Section l: This Agreement is entered into by Tamarac, Florida hereinafter referred to as the "City" and the Bra,7ard County Police Benevolent Association, Inc., hereinafter referred to as the "P.B.A." 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 emplc: �e^_t of-mployees covered by this Agreement. -1- ARTICLE 2 Recognition Section 1: The City hereby reco;nizes the Police Benevolent Association as exclusive bargaining agent for all sworn police officers who are permanent employees employed by the City of Tamarac who have voluntarily designated the Police Benevolent Association as their - Bargaining Agent by completing a written authorization in accordance with the format designed by the City. Section 2: The P.B.A. Bargaining Unit shall consist of only, those classifications listed in this section for full-time police officers of the City of Tamarac who have voluntarily executed the appropriate form authorizing the P.B.A. as the Bargaining Unit representing them. All classifications not listed in this section are excluded from the P.B.A. Bargaining Unit as well as temporary employees, part --time employees, probationary employees, and student help. Police Officer Police Sergeant Police Detective Section 3: For the purpose of this Agreement the term officer, member, bargaining unit employees, association, and employees will refer to those sworn police officers who are permanent employees and who have elected to be covered by this Agreement. WAN ARTICLE 3 Managements Rights section 1: The P.B.A. recognizes the right of the City to operate, manage, and direct all affairs of the Police Department and the City including the exclusive right: A. To manage and direct all employees of the City and_ the Police Department. B. To hire, re -hire, promote, transfer, schedule, assign and retain employees in positions with the City. C. To suspend, demote, discharge, lay off, or take other disciplinary action against employees for just cause. D. ^o maintain the ezfs.ciency of the operations of the City and the Police Department. E. TO determine the structure and. organization of City Ao<, rnmeut including the right to supervise, sub- contract, expand, consolidate, or merge any depart- ment and to alter, combine, or reduce any division thereof. P. To determine the number of all employees who shall be employed by the City, the job make-up, activities, assignments, and the number of hours and shifts to be worked per week including starting and quitting time of all employees- G. To determine the number, types, and grades of posi- tions or employees assigned to an organizational unit, department or project, and the right to alter, combine, reduce, expand or cease any position. " 3- H. To determine internal security practices. Section 2: It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described and employees, at the discretion of the City, may be required to perform duties not within their job description, but within the realm of related duties. Section 3: The City shall formulate all departmental policies and procedures including rules and regulations which will serve as a guide for the conduct, responsibilities and duties of all employees covered by this Agreement. The use, location, operation, and personnel policies including care and maintenance of any equipment or property of the City used by the Police Department shall be subject to the exclusive direc- tion and control by the City. Section 4: Any right, privilege, or function of the City not specifically released or modified by the City in this Agreement shall remain exclusively with the City. Should the City fail to exercise its rights in any of the above functions from time to time, this shall not be construed or deemed a waiver of the City's prerogative to exercise any or all rights or functions listed herein. IME ARTICLE 4 P.B.A. Securit Section 1: It is agreed that P.B.A. will make available to the City a copy of this Agreement for its members who aze covered by this agreement. The City will place a copy on each of the bulletin boards as contained in Article 10 of this Agreement for the purpose of information and to make known that the Police Benevolent Association has been recognized by the City. Section 2: it is understood by the parties that every incidental duty, connected with operations enumerated in job descriptions is no- always specifically described and employees, at the discration of the City, may be required to perform duties not within c'.^.eir job desc: iptio~:, but within the realm of related duties. Sects-- she C:it-. snail �or;ulate all departmental policies and procedures including rules and regulations which will serve as a guide for the conduct, responsibilities and duties of all employees covered by this Agreement. The use, location, operation, and personnel policies including care and maintenance of any equipment or property of the City used by the Police Department shall be subject to the exclusive direction and control by the City. Section 4: Any right, privilege, or function of the City not specifically released or modified by the City in this Agreement shall remain exclusively with the City. Should the City fail to exercise its rights in any of the above functions from time to time, this shall not be construed or deemed a waiver of the City's prerogative to exercise any or all rights or functions listed herein. -5- ARTICLE 5 Prohibition of Strikes Section 1: The P.B.A. and its members agree not to engage in a strike, as defined in Florida State Statutes as presently in force or hereinafter amended and the Constitution of the State of Florida, work stoppages, boycotts, slowdowns, refusal of assignments, or other actions which interfere with the operation of the Police Department and the City. Section 2: There will be no strikes, ark stoppages, slowdowns, boycotts, refusal to perform assigned work, or any other action, overt or covert, which interferes with the mission of the Police Department by the members covered under this Agreement. Section 3: Recognizing that Florida law prohibits the activities enumerated in Paragraph l above, the parties agree that any member who participates in or promotes a strike, work stoppage, slowdown, boycott, failure or refusal to perform assigned work, or any other action, overt or covert, which interferes with the mission of the Police Department may be discharged or otherwise disciplined by the City. Section 4: It is recognized by the parties that activities enumerated in Paragraphs 2 and 3 above are contrary to the ideals of professionalism and to the Police Departments community responsibility and that any violation of this Article would give rise to irreparable damage to the City and to the public at large. Accordingly, it is understood and agreed that in the event of any violation of this Article, the City shall be entitled to seek and obtain legal and/or equitable relief in any court of competent jurisdiction. M Section 5: For the purpose of this Article, it is agreed that the Employee Association shall be responsible and liable for any act committed by its officers and agents, which act constitutes a violation of the provisions herein. In addition to all other rights and remedies available to the City in the event of a breach of the provisions herein, the City shall have the right to unilaterally and without further notice terminate this collective bargaining agreement and withdraw recognition from the Employee Association. dA RTTlT��J Non --Discrimination Section 1: Tamarac will not discriminate against any employee covered by this Agreement because of membership in, or legitimate activity as required in the Agreement in behalf of the members of the Police Benevolent Association. Sort -ion 2: The P.B.A. will not discriminate with regard to representation of its members or with regard to terms and conditions of membership and all provisions of this agreement because of race, religion, color, creed, sex, age or national origin. so ARTICLE 7 Checkoff Section 1: Full-time active employees covered by this Agreement may authorize payroll deductions for the purpose of paying P.B.A. dues. No authorization shall be allowed for payment of initiation fees, assess- ments or fines. Section 2: The P.B.A. will initially notify the City as to the amount of dues. Such notification will be certified to the City in writing over the siQrature of an authorized officer of the P.B.A. Changes in P.B.A. membership dues will be similarly certified to the City and shall be done at least one month in advance of the effective date of such change. Section 3: Dues shall be deducted monthly and the funds deducted shall be remitted to the treasurer of the P.B.A. within thirty (30) days. The P.B.A. defenc, and hold the City ha=less against any claims made and against any suits instituted against the City on account of payroll deduction of P.B.A. dues. Section 4: The payroll deduction shall be revocable by the employee notifying the City in writing on a prescribed form. The P.B.A. sha11 be notified of any revocation. Section 5: Recognizing the added administrative e:cpense in accounting for individual payroll deductions, the P.B.A. will reimburse the City $100 dnnually for the cost in providing for this service.- For the purpose of putting this Article into effect employee members covered by this Agreement will execute individual authorization, reading as follows: ARTICLE 7 (Cont'd AUTHORIZATION FOR DEDUCTION OF PBA DUES I hereby authorize the City of Tamarac to deduct from my wages each month the current normal monthly P.B.A. dues and to transmit this amount to the treasurer of The Broward County Police Benevolent Association. I understand that this authorization is voluntary and that I may revoke it at any time by giving the City notice in writing. - Date Signed Payroll No. INSTRUCTIONS TO STOP PAYROLL DEDUCTION OF PBA DUES I hereby instruct the City of Tamarac to stop deducting from my wages each r-�onth the current normt�al monthly dues for The Broward County Police Benevolent Association. Date Signed Payroll No. ARTICLE 8 P.B.A. P.epreser_tation Section 1: neither party, in negotiations, shall have any control over the selection of the negotiating or bargaining representatives of the other party. The bargaining committee of the P.B.A. shall consist of not more than four (4) representatives. The P.B.A. will furnish Tamarac with a written list of the P.B.A.'s bargaining committee, prior to the first bargaining meeting, and sub-- stitution changes thereto, if necessary. -11- P.B.A. Business section 1: P.B.A. officials up to a maximum of two (2) in any one instance, shall ba granted time off, to attend State or Local P.B.A. meetings. Section 2: Employees who are elected P.B.A. officials of the Broward County Police Benevolent Association shall be granted time off by Department Management to attend P.B.A. meetings provided: 1. A written request is submitted to Department Management at least forty-eight (48) hours prior to the time --off period, and 2. Sufficient manpower is available in the regular shift to properly man the Department during the absence of the P.B.A. official. In emergencies, the request may be submitted orally and later confirmed in writing. Section 3: Time off as provided in this Article for P.B.A. officials shall not exceed a total of 130 hours for all officials in any fiscal year. The department retains the right to restrict time off for P.B.A. business when an extreme emergency condition exists and such time off from regular assignments would create a danger to public safety. -12- Bulletin Boards Section 1: The City will provide one (1) bulletin board for the exclusive use of the P.B.A. for posting of bulletins, notices and other Association materials. Section 2: The authorized bulletin boards for P.B.A. use may be used for posting official notices and shall be signed by an officer of the P.B.A. -13- AR'rTf T F 11 Savings Clause All job benefits heretofore enjoyed by the employees which are not specifically provided for or abridged by this Agreement shall continue under conditions upon which they had previously been granted throughout the life of this Agreement. -14- Au,rTrT.F l7 Internal Security Investigations and Obligation to the Public Section 1: The parties recognize that the security of. Tamarac and its citizens- depends to a great extent upon the manner in which the inembers covered by this Agreement perform their various duties. Further, the. parties recognize that the performance of such duties involves those members in all manner of contacts and relationships with the public and that out of -such contacts and relationships, questions may arise or complaints may be made concerning the actions of members covered 1- this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the direction of, departmental super-.isor'r officials whose primary concern must be the securitY of Tamarac and the preservation of the public interest. Section 2: Out of such contacts and relationships may arise questions cacce ino the actions of members of the force. Such questions may raquzre investigation by superior officers. It is there- fore agreed that the City has the right to conduct investigations of citizens'comp laints and matters of internal security; provided, however, that any investigative interro,,ation of a member covered by this Agreement, relative to a complaint against him, shall be conducted in a manner con- ducive to good order and discipline; meanwhile observing and protecting the individual rights of each member of the force. The investigation shall be conducted in accordance with applicable Lairs of Florida, Chapter 74-274. -15- Bereavement Leave Section 1: Time -off Provisions for Bereavement Leave: Where there is a death in the immediate family of an employee member, that member shall be granted up to three (3) days off without loss of pay or benefits for each death of the below described family members. Section 2: Immediate family is described as: father, Mother, Spouse, Father--in-Law, Brother, Sister, Graadparents, Grandchildren, Son or Daughter -in -Law, and upon proof, any person in the general family whose ties would be normally considered mediate family and living within the same household. Section 3: Bereavement Leave will not be charged against sick leave, vacation or holiday time, or acc=ulated overtime. Section 4: The City reserves t,-.rig ht get to require documentation he . supporting all approval'of Bereavement Leave after the employee returns to work. A n T Y n r V l A Leaves of Absence Section 1: Leaves of absence without pay for a period not to exceed thirty (30) days ray be granted to an employee member with permanent status for any reasonable purpose by the City Manager and/or his designee. Such leaves nay be renewed or extended for any reasonable purpose not to exceed ninety (90) days. Section 2: An officer member may, upon request, be granted a leave of absence without pay by the City Mlanager and/or his designee for educational purposes at an accredited institution 4hen it is related to his em.ployme: . The period, not to exceed one (1) year, may be renewed at the re^ues= of t=-e officer. Section 3: Leaves of absence, <,;ith or without pay, may also be granted to c:-fic<rs by the City ,.iarager and/or his designee if it is deteri.L:ef w_ is for educational purposes to attend conferences, seminars, briefing sessions or other job --related activities of a similar nature which are intended to im?rove or upgrade individual skill or professional abil; Section 4: Any employee w1lo is a member of the National Guard or the 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 ;ranted a leave of absence with pay as provided by Section 115.07 Florida Statutes. The employee shall receive pay for the number of working days occuring in the authorized period, according to his or her regular- work schedule, less any service pay received. Any permanent officer member who is drafted, or who enters -17- active duty in the Armed Forces Reserve or rational Cuard, shall be granted military leave for the period of military co=itment without pay. Section 5: Any officer member who is on duly authorized paid leave of absence will continue to maintain all benefits including seniority, longevity and health benefits. All job -related benefits :,Till cease for any officer member who is on an authorized unpaid leave of absence. An officer member nay elect to continue hospital and/or personal insurance plans by personally making future payments for this coverage. Seniority or longevity, vacation and sic'_- leave credits, will be reinstalled when the amount of active service upon return from an authorized leave is equal to the amount of time lost. Section n: Extended leaves of absence without pay will be granted by the City Yanager and/or his dasignee for a long ter. illness, dis- ability or pregnancy for a period up to six (6) months. The leave may be extended or renewed for one (1) additional six (6) month period upon request and receipt of a certified physician's statement. BR P L Equipment Issue & Maintenance Section 1: All employees shall receive fro-1 the city, at no cost to the employee, a new.uniform upon his appointment. The uniform shall consist of three shirts, three pairs of trousers, one hat, one winter jacket, one reflectorized raincoat, reflectorized gloves, one hat badge, badge, whistle, name tag, leather goods and accessories to include haadcuffs and case, cartridge case, halter, shells, and appropriate weapon. Section 2: a_ry employee who shall receive any breakage or damage to his uniform or oersonal equipment in the line of duty, shall have it reel_ ce, at . o cost to the employee. -19- APTTrT.R I F, Manpower Utilization Section 1' The City will agree that at no time there gill be less than three (3) patrol units on duty. -20- Education Any job related course may be taken by an employee and paid for by the City if it has approval of the Chief of Police and City Manager and does not interfere with the normal course of work. Section 1: The City shall pay for the total cost of the courses, including registration fees, charge for semester hours, and textbooks. The City will not pay for late registration charges, miscellaneous supplies, any traveling expenses, or cost of transcripts - Section 2: If an employee does not pass a course or withdraws from a course, he cr .e must. reimburse the City for all expenses related to that caurse. 7f the school refunds part of a charge at the time of with- drawing, the emaloyea rust make up the difference. If the City pays for ,a textbook, r_` = -_,-Don C07.nletion of the course, it is to be turned into the City.an employee night choose to buy his or her own textbook so that he or she might have it for a reference. Section 3: If an employee terminates prior to six (6) months upon completion of the course(s), then the City is to be reimbursed for all expenses. The employee must sign an affidavit stating, that he or she approves to the terms set forth. -21- ARTICLE 18 Sick Leave Section 1: Sick leave time will be earned at the rate of one (1) day for each month of service. There will be no limit to the amount of sick leave days accumulated. Section 2: Sick leave shall be granted for the following reasons: a. personal illness or physical incapacity to such an extent as to be rendered thereby unable to perform the duties of his/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. Section 3: Employees, at any time, may be required to submit a physician's statement as proof of illness or disability. -22- Vacation Section l: Every member employee who has been employed for a period of six (6) months shall be eligible for paid vacation. Employees shall start to earn vacation allo�,rance as of their date of employment. Section 2: In computing vacation time, holidays or regular days _ off immediately preceding the commencement of, falling within, or following the termination of an employee's vacation, the holiday or regular days off shall be excluded. Section 3: Paid vacation time shall accrue at the following rates for each full calendar month of service: 0-5 years One (1) day per month 6_10 years One and one -quarter (lk) days per mo. Over 10 years Two one and one --half (2 z) days per mo. R For e_-:a ;la a:i employee with seven (7) years of continuous service will earn lc._� the rate of 12 days per year for the first five (5) years, and at 15 days per year for year six (6) and seven (7). Section 4: Members will be permitted to split their vacation dates, provided it does not interfere with the operation of the department. Section 5: Upon the termination of a member employee for any reason, or in the event of his death, he/she or his/her heirs shall be entitled to an immediate lump sum payment for all vacation time earned and accrued. -23- ARTICT,E 20 Seniority Section 1: Seniority shall consist or continuous accumulated paid ser-vice with the City. Seniority shall be computed from, the date of appointment. Section 2: Seniority shall govern the following matter: Vacations for each calendar year shall be drawn by employees on the basis of seniority preference. -24- ARTICLE 21 Holidays Section 1: The City will recognize the following as paid holiday for employee members: New Year's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Christmas Day Section 2: In addition to his regular pay for time worked on. a holiday, an e,aployee member shall receive compensation for the holiday. Section 3: If a afficer be on authorized leave when a holiday occurs, that no'iday shall not be charged against his leave (authorized leave refers to vacation, illness, injury time, etc.) SectiQ:- =. If the holiday fails on the member employee's off -duty day, he shall receive an additional day's compensation. -25- ARTICLE Medical Insurance Section l: Employees and their dependents vrill be provided with medical, surgical, and hospitalization benefits equal to and not less than those paid to other city employees. The City will agree to pay the entire amount of the premiums. -26- Civil Suits Section 1: The City will automatically undertake the defense of any mamber employee against civil damage suits arising from per- formance of duties while within the employee's scope of employment and will file proper and appropriate countersuits. Section 2: The City will provide a formal system of awards for various degrees of service -from saving life to awards for courtesy. These awards will be in the form of medals, campaign ribbons, letters of corn-mendazior_, or cash bonus. -27- ARTICLE 24 Work Week and Overtime Section 1: Forty (40) hours shall constitute a normal work week for employees covered by this Agreement. Nothing herein shall guarantee any member payment for a forty (40) hour work week unless the member actually works forty (40) hours or his actual hours worked, and his authorized compensated leave total forty (40) hours.. For the purpose of this Agreement, authorized compensated leave shall mean leave compensated under existing City policy or the provisions of this collective bargaining agreement. Section: 2: ?iours worked in excess of the regular forty (40) hour work week s-:a11 be compansaced aE the rate of time and one-half of the employee's rc_ular straight -tine rate in accordance with the Fair Labor •Standards Act, provided that no e-_ployee shall receive straight time, overtime, or ,compensatory time for tima spent in correcting work performed by the employee, which had been assigned and was improperly performed during the me^ber's normal work day. Further, nothing herein shall require the payment of tame and one-half or the equivalent in compensatory time when an insubstantial amount of time is wor',ced in excess of the normal work day. For the purpose of this Article, an insubstantial amount of time shall be considered any period of time less than one -quarter hour. Section 3: Tf an employee covered by this Agreement is called out to work at a time outside his normal working hours, he shall receive a minimum of three (3) hours' pay at time and one-half the basic rate position and pay at time and one-half for each additional hour beyond the -23- initial three (3) hours or, at the discretion of the employee the equivalent in compensatory time. However, a member who has not worked a forty (40) hour work week will be compensated for the call --out at his regular straight time. Call. -out rates shall. apply to each successive incident whereupon a member is called to duty outside his normal working, hours. Section 4: The provisions of Section 3 of this Article shall also apply to the following required off -duty court appearances. In the case of required court appearances, the minimum time shall be three (3) hours also as outlined in Section 3. A. Required off -duty appearances as a subpoenaed witness in the federal courts, circuit courts, or at depositions or statement sessions where such proceedings involve pending criminal cases. f-duty appearances in the Tamarac Municipal R. Required of Court. �jhare a witness cr subpoena fee is received by a member for an off -duty appearance and said member is entitled to call --out pay, under Paragraph 4-A herein, said fee or its equivalent shall be presented to and become the property of Tamarac. Section 5: No supervisory official shall take action to cause the non-payment of straight time, time and one-half or compensatory time in circumstances wherein a member covered by this Agreement has performed work, which entitled him to payment of straight time, time and one --half or compensatory time. However, nothing herein shall restrict -29- LI the City or the Department from alterinj work schedules or taking any other action to reduce the number of overtime, court time, or call -out hours worked by the members covered by this Agreement or to comply wittl- the Fair Labor Standards Act, its rules and regulations. -30- APT'TrT.F 25 Grievance Procedures Section 1: In a mutual effort to provide a har-monious working relationship between the parties to this Agreement, it is further agreed and understood by the parties that there shall be a procedure for the resolution of grievances involving the application or inter- pretation of this Agreement and grievances involving discharge, sus- pension, demotion, or any other adverse personnel action against a member covered by this Agreement. Section 2: Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should either party fail to observe the ti--e li-mits as set out in the steps of this Agreement, their position in the grievance shall be conclusively presumed to lack merit. Any decision not appealed or any grievance settled shall not constitutt� a procedure for tha interpretation of this Agreement nor shall it be used as a basis for future cacisians. section 3: Grievances shall be presented in the following manner and every effort shall be made by the parties to secure the prompt dis- position of such grievances: Stel- The member shall first take up his grievance with �his �-immediate supervisor within five (5) days of the occurrence of the event(s) which gave rise to the grievance. Such contract between the Tnember and his immediate supervisor shall be on an informal and oral basis. Step 2. Any grievance which cannot be satisfactorily settled with the immediate supervisor shall be reduced to writing by the member and shall next be taken up with his Shift or Division -31- Commander (:which -ever is ne-%t in the members supervisory chain of command). Such grievance shall be presented to the Shift or Division Commander in �rriting, within five (5) days of the deadline date for completion of Step 1, The Shift or Division Commander shall, within five (5) days after presentation of the grievance (or such longer period of time - as is mutually agreed upon), render his decision on the grievance in writing, Step 3. Any grievance which was referred to the Shift Commander and was not satisfactorily settled shall next be taken up with the Division Co=marder. Such greivance shall be presented to the Division Commmander in writing, uithin fi.Ve (5) days of the deadline for completion of Step 2. The Division Co=ander shall, within five (5) days after the vre se.ntati-n of the grievance (or such longer period of time as is mu--ua"i lv a ;reed upon) , render his decision on the grievance in writing. Step 4. Any grievance which cannot be satisfactorily settled with the Division. Co=tinder shall next be taken up with the Chief of Police, either through the Representative of the Employee Organization or by the member himself at the member's option. The grievance as specified In writing in Step 2 shall be discussed by and.between the member (or the -Representative of the Employee. Organization) and the Chief of Police within. five (5) days after the completion of Step 2, The Chief of Police shall, within. five (5) days after this discussion -32- �1 (or such longer period of time as is mutually agreed upon) render his decision in writing, with a copy to the Employee Organization. Step 5. In the event the member is not satisfied with the disposition of the grievance in Step 4, he shall have the right to appeal the Chief of Police's decision to the City Manager or his designee within five (5) days of the date of issuance of the Chief of Police's decision. Such appeal must be accomplished by the filing of a copy of the original written grievance. together with a letter signed by the member, or at the member's option, the Representative of the Employee Organization, requesting that the Chief of Police's decision be reversed. The City Manager shall within ten (10) days of the filing of the appeal (or some longer ptE�riod of time as is mutually agreed upon) render his decision in writing with a copy to the Employee Organization. Section 4: Where a grievance is general in nature in that it applies to a number of members rather than a single member, or if the grievance is directly between the Employee Organization and the Department oor the City, such grievance shall be presented in writing directly to the Chief of Police, within the time limits provided for the submission of a grievance in Step 1. The grievance shall be signed by the aggrieved members or the Representative of the Employee Organization. Thereafter, the grievance shall be processed in accordance with the procedures set forth in Step 4 and Step 5. -33- I Section 5: The parties desire to give this collective bargaining agreement the maximum force and effect, and do hereby agree_ that this grievance procedure shall be the sole and exclusive method of resolving any dispute concerning interpretation of any provision of this Agreement, so long as said procedure is not in conflict with general and special law, or local ordinances. In the event the grievance procedure is utilized to pursue a grievance over discharge, suspension or demotion, the arbitration procedure set forth in the Arbitration Article shall also apply, if invoked. An employee member shall have the option of utilizing the grievance procedure established by the City for pursuing a grievance over discharge, suspension, or demotion shall effectively foreclose the member (or his representative) from pursuing the same grievance through the other available procedure, and the decision resulting from the proce-'ure selected shall be final and binding upon the member (and his representative). -34- ARTICLE 26 Arbitration SectioLi 1: In the event a grievance processed through the grievance procedure set for in Article has not been resolved, either party may submit the grievance to a Board of Arbitration within fifteen (15) days after the City Manager, or his designee, renders a written decision on the grievance. The Board of Arbitration shall be comprised of one (1) representative of the City, one (1) representative of the Employee Organization and a third impartial person selected by the parties to the Agreement. In the event the parties are unable to agree upon said third (impartial) person, the parties shall jointly request the Federal Mediation and Conciliation Service to furnish a panel of seven. (7) names from which each party shall have the option of stril-ing three. (3) na-^as, thus leaving the seventh (7) which will give a neutral o- impartial arbitrator. Section 2: The City and the member (or the Employee Organization) shall mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the Board of Arbitration, therefore, shall confine its decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the Board of Arbitration, the Board of Arbitration will confine its consideration and determination to the written statement of the grievance presented in Step 2 of the Grievance Procedure. The Board of Arbitration shall have no authority to change, amend, add to, subtract fram, or otherwise alter or supplement -35- this Agreement or any part thereof of amendment thereto. The Board of Arbitration shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the Board of Arbitration to supersede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein. Section 3: Each party shall bear the expense of its own witnesses and of its own representatives. The impartial arbitrator's fee and related expenses and expense of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost. Section. 4; The parties shall rake their choice of the impartial arbitrator within five (5) days after receipt of the panel from the Federal Mediation and Conciliation Service. Copies of the Board of Arbitration's award made in accordance with the jurisdiction and authority under this Agreement shall be furnished to both parties within thirty (30) days of the closing of the arbitration hearing. The arbitrator's award shall be final and binding. Section 5: The grievance and arbitration procedure herein shall have no application to the resolution of disputes between the parties concerning the terms of a new collective bargaining agreement to replace this Agreement. -36- 71 ARTICLE 27 Wages Section 1: Effective October 1, 1975, a nay increase amounting to 5% of the current base salary will be given to all employees covered by this Agreement. Section 2: All employees covered by this agreement shall be subject to the City of Tamarac's Pay Plan. -37- Retirement Plan Section 1: Effective June 1, 1975, the City will contribute 4% of the employee/member's total compensation toward a proposed City retirement plan. Section 2: The City will offer employees the opportunity to participate in a de=erred compensation program. The City will be responsible for the cost of administering the plan. -38- ARTICLE 29 Duration of Agreement This Agreement shall be effective as of the October 1, 1975 and shall remain in full force and effect until the September 30, ? 976 , unless modified or changed by mutual consent. This Agreement shall be automatically renewed from year to year thereafter unless either party notifies the other in writing within 1.70 days prior to the anniversary date as to an article or articles it wishes to change, modify or add. The following procedures shall constitute the correct method for negotiations: Either party may submit written notice as to the need for collective bargaining no later than 170 days prior to the anniversary date. It shall be the obligation of both parties to meet and confer within ten (10) days after the receipt ,of written notice of a request for a meeting for collective bar- gaining purposes - in the event that the bargaining agent and the governmental employing unit are unable, within sixty (60) days from and including the day of their first meeting, to reach an agreement, all unresolved issues shall be resolved as provided by State Law. This time period may be extended on mutual agreement of both parties. Any federal, state or local legislation which has impact upon this agreement shall be reviewed by both parties with advise of legal -39- counsel so as to properly adjust to comply with the law when appropriate. DATE APPROVED: October 1, 1975 CITY OFT C•_ �V v Dwight Foha.io'n, MayorV Pegg34 Twichell, City Clerk: k- BROWARD COMP POLICE BENEVOLENT ASSOCIATION: Authorized Representative Authorized Representative Authorized Representative O