HomeMy WebLinkAboutCity of Tamarac Resolution R-76-112Proposed by: Temp. #571
Introduced by: C LL��a ►'1 �
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO . _2'n - //Z
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 betweenCC�=� _C0
the City of Tamarac and the P . B.A. dated .'Aele i"�G�i 'Fj 1 / %6 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.
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SECTION 3: This Resolution shall become effective
immediately upon its final passage.
PASSED, ADOPTED AND APPROVED this f day of•, 1976.
ATTEST:
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CITE CLERK
I HEREBY CERTIFY that I
have approved the form and
correctness of this RESOLUTION.
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RECORD OF COUNCIL VOTE
Mayor
W. Falck
V/M H.
Massaro
'tom
C/M 0.
Tucker
CIIrLk
C/W M.
Kelch
C0L.. �
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C/M M. Weinberger
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Form I-125
3/66
AGREEMENT
between
THE CITY OF TAMARAC
and
POLICE BENEVOLENT ASSOCIATION
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Section ; This Agreement is entered into by Tamarac,
Florida hereinafter referred to as the "City" -and the Broward
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 employment of employees covered by this Agreement.
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TABLE OF CONTENTS
Article
Subject
1. . . . . . . . . .
. . . . . . . . Preamble
2. . . . . . .
. . . . . . Recognition
3. . . . . . . . . .
. . . . . . . Managements Rights
4. . . . . . . . . .
. . . . . . . . P.B.A. Security
5. . . . . . . . . .
. . . . . . . . Prohibition of Strikes
6. . . . . . . .
. . . . . . . . Non -Discrimination
7. . . . . . .
. . . . . . Checkoff - Authorization for
Deduction of P.B.A. Dues
8. . . . . . . .
. . . . . . . . P.B.A. Representation
9. . . . . . . . .
. . . . . . P.B.A. Business
10. . . . . . . . . .
. . . . . . . . Bulletin Boards
11. . . . . . . . . .
. . . . . . . . Savings Clause
12. . . . . . . .
. . . . . . . . Internal Security Investigations.
and Obligation to the Public
13. . . . . . . . . .
. . . . . . . . Bereavement Leave
14. . . . . . . . . .
. . . . . . . . Leave of Absence
15. . . . . . . . .
. . . . . . . Safety
16. . . . . . . .
. . . . . . Equipment Issue and Maintenance
17. . . . . . . . . .
. . . . . . . . Manpower Utilization
18. . . . . . . . . .
. . . . . . . Education
19. . . . . . . .
. . . . .. . . . Revenue Sharing
20. . . . . . . . . .
. . . . . . . Sick Leave
21. . . . . . . .
. . . . . . Vacation
22. . . . . . . . . .
. . . . . . . . Seniority
23. . . . . . . . . .
. . . . . . . Holidays
24. . . . . . . .
. . . . . . . . Medical Insurance
25. . . . . . . .
. . . . . . . Disability insurance
26. . . . . . . . . .
. . . . . . . . Civil Suits
27. . . . . . . . . .
. . . . . . . . Work Week and Overtime
28. . . . . . . . . .
. . . . . . . . Temporary Position
29. . . . . . . . .
. . . . . . . . Grievance Procedures
30. . . . . . . .
. . . . . . . . Arbitration
31. . . . . . . . . .
. . . . . . . . Wages
32. . . . . . . . . .
. . . . . . . . Retirement Plan
33. . . . . . . . . .
. . . . . . . . Duration of Agreement
ARTICLE 2
Recognition
Section 1: The City hereby recognizes 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 Lsted 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.
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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 discipli-
nary action against employees for just cause.
D. To maintain the efficiency of the operations of the City and
the Police Department.
E. To determine the structure and organization of City government
including the right to supervise, sub -contract, expand, con-
solidate, or merge any department and to alter, combine, or
reduce any division thereof.
F. To determine the number of all employees who shall be employed
by the City, the job make-up, activities, assignments, and the
number of hours and shifts to be worked per week including
starting and quitting time of all employees.
G. To determine the number, types, and grades of positions or
employees assigned to an organizational unit, department or
project, and the right to alter, combine, reduce, expand or
cease any position.
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H. To determine internal security practices. The City reserves
the right to request any employee covered by this Agreement
to submit to a lie detector device.
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.
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ARTICLE 4
P.B.A. Security
Section 1: It is agreed that P.B.A. will make available to
the City a copy of this Agreement for its members who are 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 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 realta 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 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 iii any of the above functions from time to time,
this shall not be construed or deemed a waiver of the City`s prerogative
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to exercise any or all rights or functions listed herein.
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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, work 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 1 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 thit.activities enumerated
in Paragraphs 2 and 3 above are contrary to the ideals of professionalism
and to the Police Department's 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
C.
jurisdiction.
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Section 5: Fox the purpose of this Article., it is agreed that
the Employee Association shall be responsible and liable for any act
COM-Mitted 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.
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ARTICLE 6
Non -Discrimination
Section 1: Tamarac -rill 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.
Section 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.
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Section 1: Full-time active employees covered by this Agreement
mayauth� prize 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 2z 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 signature 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. will indemnify, defend, and hold the City harmless 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. shall be
notified of any revocation.
Section 5: Recognizing the added administrative expense in accounting
for individual payroll deductions, the P.B.A. will reimburse the City $100
annually 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:
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tiIC11l.LL. f �.vvi•� �-i -
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 month..the current normal monthly dues for The Bro,aard
County Police Benevolent Association.
Date
Signed
Payroll No.
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ARTICLE 8
.A,,Representation
Secti&tIt Neither party, in negotiationst shall have any
cone rol over the' . sele.ction -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.
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-ARTICLE 9
:P.B,A. Business
Sectidri`I p.B*A' officials -up to a maximum of two' (2) in
Se6ti6--
any one instance.; shall' be' 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 3c. 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.
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ARTICLE 10
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.
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ARTICLE ll
Savings Clause
All j.ob 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.
ARTICLE 12
Internal Security Investigations and Obligation to the Public
Section l: The.* parties' -recognize. that the -security of Tamarac
and its citizen's -depends to a great extent upon the manner* in which
the rcembers covered by' this Agreement perform' the!-!: various duties.
Furthet; the parties recognize- tfiat. the' performance of such duties
involves' tho"se'-inembers 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 by this Agreement. Investigation of such questions
and complaints must necessarily be conducted by, or under the direction
of, departmental supervisory 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 concerning the actions of members of the force. Such
questions may require investigation by superior officers. It is there-
fare agreed that the City has the right to conduct investigations of
citizens' complaints and matters of internal security; provided, however,
that any investigative interrogation 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 Laws of Florida,
Chapter 74-274.
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ARTICLE 13
Bereavement Leave
Section 1: Time -off Provisions for Bereavement Leave: Where
there is a death in the immediate family of are 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, Grandparents, Grandchildren,
Son or Daughter -in -Law, and upon proof, any person in the general family
whose ties would be normally considered immediate family and Living
within the same household.
Section 3: Bereavement Leave will riot be charged against sick
leave, vacation or -holiday time, or accumulated overtime.
Section 4: The City reserves the right to require documentation
supporting all approval of Bereavement Leave after the employee returns
to work.
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ARTICLE 14
Leaves of Absence
Section 1: Leaves of _absence without pay for period not to
exceed thirty (30) days may be granted to an employee member with
permanent status for any reasonable purpose by the City Manager and/or
his designee. Such leaves may renewed or extended for any reasonable
purpose not to exceed ninety (90) days.
Section 2: 'An officer member nay, upon request, be granted a leave
of absence without pay by the City ..anager and/or his designee for
educational purposes at an accredited institution when it is related to
his employment. The period, not to exceed one (1) year, may be renewed
at the request of the officer.
Section 3: Leaves of absence, with or without pay, nay also be
granted to officers by the City 11anager and/or his designee if it is
determined that it is'for educational purposes to attend conferences,
seminars, briefing sessions or other job -related activities of a smilax
nature which are intended to -improve or upgrade individual skill or
professional ability. .
Section 4: Any employee who is a member of .the National Guard or
the i-iilitary Reserve Forces of the United States and who is ordered by
the appropriate authorities to attend a prescribed training program or
to perform other duties, shall be granted a leave of absence with pay
as provided by Section 115.07 Florida Statutes. The employee shall receive
pay for the number of working days occuring in the authorized period,
according to his or her regular work schedule, less any service pay
received. Any permanent officer member w;io is drafted, or who enters
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active duty in the Armed Forces Deserve or National. Guard, shall
be granted military leave for the period of military commitment 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 will cease for
any officer member who is on an authorized unpaid leave of absence. An
officer member may elect to continue hospital and/or personal insurance
plans by personally ma?cing future payments for this coverage. Seniority
or longevity, vacation and sick 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 6: Extended leaves of absence without pay will be granted
by the City `Manager and/or his designee for a long term 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.
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Section 1: There shall be established a Safety Committee for the
advice and exchange of ideas as regards Safety Programs for employees.
Section 2: Membership shall consist of committee people appointed
by City Manager or Department Head from the operating departments of the
City, and one representative from the Bargaining Unit. Said Committee
will have the responsibility to aid in the planning of safety programs,
training courses, make recommendations regarding job hazards, and advise
on the condition, operation, and safety of City vehicles and equipment.
Section 3: The City recognizes that motor vehicle accidents can
be very hazardous and costly, and will have each vehicle thoroughly
inspected by a qualified mechanic not less than once a month. The City
will also periodically inspect drivers licenses and driving records of
personnel having access to City owned vehicles, and may require that
these personnel be required to participate in a driver training program.
Section 4: The City will provide each patrol car with a two way
portable radio in -order to protect Police officers while they are away
from their patrol cars.
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ARTICLE 16
Equipment Issue & Maintenance
Section 1: All employees shall receive from the City, at no cost
to the employee, a new uniform upon his appointment. The uniform shah
consist of five shirts, three trousers, one hat, one winter jacket, one
reflectorized raincoat, reflectorized gloves, one hat badge, badge,
whistle, and name tag.
Section 2: Any employee who shall receive any breakage or damage
to his uniform or personal equipment in the line of duty, shall have it
replaced at no cost to the employee.
Section 3: The City agrees that they shall distribute to the
employees, police pants and shirts when needed, but not to exceed one
and a half years without the issuance of a minimum of three pants and
five shirts.
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ARTICLE 17
Manpower Utilization
Section 1: The City will agree that at no time there will be
less than four (4) patrol units on duty.
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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 or she must reimburse the City for all expenses related to
that course. If the school refunds part of a charge at the time of with-
drawing, the employee must make up the difference. If the City pays for
a textbook, then upon completion of the course,, it is to be turned into
the City. Naturally an employee might choose to buy his or her own
textbool-6 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.
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ARTICLE 19
Revenue Sharing
Section 1: The Revenue Sharing Program shall be paid monthly.
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ARTICLE 20
Sick Leave
u
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.
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ARTICLE 21
Vacation
Section 1: 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 allowance as of their date of employment_
Section 2:. In computing vacation time, holidays or regular -days
off imediately 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 accure 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 (1) days per mo.
Over 10 years One and one-half (1?1) days per mo.
For example an employee with seven (7) years of continuous service
will earn leave at 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: Itembers 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.
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ARTICLE 22
Seniority
Section l: Seniority shall consist of continuous accumulated
paid service with the City, Seniority shall be computed from the
date of appointment.
Section 2: Seniority shall govern the following natter:
Vacations for*each calendar year shall be dracm by employees
on the basis of seniority preference.
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ARTICLE 23
Holidays
Section 1.: The' City will recognize the following as paid
holiday for employee' members:
New Yeatts Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday folloori.ng Thanksgiving
Christmas Day
Section 2: In addition to his regular pay for.time worked on
a holiday, an employee member shall receive compensation for the holiday.
Section 3: If an officer be on authorized leave when a holiday
occurs, that holiday shall not be charged against his leave (authorized .
leave refers to vacation, illness, injury -time, etc.)
Section 4: If the holiday falls on the member employee's off -duty
day, he shall receive an additional day's compensation.
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ARTICLE 24
Medical Insurance
Section 1: Employees and their dependents will be provided
with medical, surgical, and hospitalization benefits, now in effect
and which is not less than those paid to other City employees.
Section 2: The City will offer employees the option of adding
additional benefits, including a dental program, to the existing
medical plan in effect. The amount of premium for the optional
benefits selected is subject to Insurance Carrier's group eligibility
requirements, and premiums will be paid by the employee at a group
rate if available.
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ARTICLE 25
Disability Insurance
Section 1: The City will research the disability insurance
market in order to offer employees the option of participating in a
group disability program. The availability and the amount of the
premium charged for disability benefits is subject to the insurance
carrier's group eligibility requirements and the'cost of the coverage
will be paid by the employee at a group rate, if available.
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ARTICLE 26
Civil Suits
Section 1: The City will automatically undertake the defense
of any.rnenber employee against m
civil damage suits arising from
formance of ' duties' while with2.n the" employees 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 fora of*medals, campaign ribbons, letters
ofcommendation, or cash bonus.
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ARTICLE 27
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 com-
pensated under existing City policy or the provisions of this collec-
tive bargaining agreement.
Section 2: Hours worked in excess of the regular forty (40) hour
work week shall be compensated at the rate of time and one-half of the
employee's regular straight-tim! rate, or in compensatory time at the
option of the supervisor, provided that no employee shall receive
straight time, overtime, or compensatory time for time spent in correct-
ing work performed by the employee, which had been assigned and was
improperly performed during the member's normal work day. Compensatory
time will be allowed at a ratio of one and one-half to one. Further,
nothing herein shall require the payment of time and one-half or the
equivalent in compensatory time when an insubstantial amount of time
is worked 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: If an employee covered by this Agreement is called
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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 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 this 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.
B. Required off -duty appearances in the Tamarac Municipal
Court. Where a witness or subpoena fee is received by a
member for an off -duty appearance and said member is en-
titled to call -out pay, under Paragraph 4A 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
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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 the City or the Department from altering 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 Agree-
ment.
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ARTICLE 28
Temporary Position
Section l: If an employee of the Bargaining Unit is assigned a
temporary position in a higher classification, in excess of two weeks,
the member shall be entitled to a salary adjustment applicable to the
position. If the temporary assignment is for a substitution of an
employee absent on authorized leave, it is understood that this assign-
ment may be in effect until the absent employee returns, or until the
job is declared to be vacant.
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ARTICLE 29
Grievance Procedures
Section l: In a mutual effort to provide a harmonious 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 time limits 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
constitute a procedure for the interpretation of this Agreement nor shall
it be used as a basis for future decisions.
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:
Step 1. 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 member 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
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Comma.nder (whichever is next in the members supervisory chain of.
command). Such grievance shall be presented to the Shift or
Division Commander in writing, within five (5) days of the dead—
line 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.
Step3, Any.grievance which was referred to the Shift Commander
and was not satisfactorily settled shall next be taken up uti.th the
Division Commander. Such grievance shall be presented to the Divi—
sion Commander in writing, within five (5) days of the deadline for
completion of Step 2.
The Division Commander shall, within five (5) days after the
presentation of the grievance (or such longer period of time as is
mutually agreed upon), render his decision on the grievance in
writing.
Step 4. Any grievance which cannot be satisfactorily settled with
the Division Commander .shall next be taken up with the Chief of
Police, either through the Representative of the Employee Orgaull.—
nation 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
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(or such loaner period of time as is mutually agreed upon) render
his decision in writing, with a copy to the Employee Organization.
Step S. In the event the member is not satisfied with the disposi—
tion 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 :ember's option, the Representative of the
Employee Organization, requesting that the Chief of Poli.ce's decision
be reversed.• The City Manager shall within ten (10)' days of the
filing of the appeal (or some longer period of time as is mutually
agreed upon) render his decision in writing with a copy to the
Employee Organization.
Section 4: Mere 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 Depart—
ment or 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.
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Section 5: The parties desire to give this collective bargaining
agreement the -maximum farce 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 Agree.^cent,
so long as said procedure is not in conflict with .general and special
lacy,'or*local ordinances; in the event the grievance procedure is
utilized to pursue a grievence-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 procedure selected shall be final and binding upon the member
(and his representative).
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ARTICLE 30
Arbitration
Section 1: In the event a grievance processed through the
grievance procedure set forth in Article has not been resolved,
either party may submit the grievance to a Board of Arbitration
within fifteen (15) days after the City Managers or his designee,
renders a written decision on the grievance. The Board of Arbitration
shall be comprised of one Cl) 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 striking three (3) names, thus leaving the seventh (7)
which will give a neutral or 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 from, or otherwise alter or supplement
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this Agreement or any part thereof of amendment thereto. The
no authority to consider or rule
Board of Arbitration shall have
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 sup.ereede 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 make 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)
itration hearing. The arbitrator's award
days or the closing of the arb
shall be final and binding.
Section 5: The grievance and arbitration procedureherein shall
have no application to ihe'resolution of disputes. between the parties_
concerning the terms of a new collective bargaining agreement to replace
this Agreement.
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ARTICLE 31
Wages
Section l: All employees covered by this Agreement shall be
subject to the City of Tamarac's Pay Plan.
Section 2: The City will review the Classification and Pay Plan
once a year for the purpose of making recommendations for wage adjust-
ments consistent with areawide pay scales and the City's budgetary
formulation and requirements.
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ARTICLE 32
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 deferred compensation program. The City will be
responsible for the cost of administering the plan.
ARTICLE 33
Duration of Agreement
This Agreement shall be effective as of October lst , 1976,
and shall remain in full force and effect until September 30th 1977,
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 170 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 writ-
ten 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
bargaining purposes.
In the event that the bargaining agent and the governmental
employing unit are unable, within sixty (60) days from and in-
cluding 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 advice
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of legal counsel so as to properly adjust to comply with the law
when appropriate.
DATE APPROVED: Z'e'70 I976
BROWARD COUNTY.POLICE
CITY OF TAMARAC: BENEVOLENT ASSOCIATION:
S� c --�A
Wa ter W. -Pale rf yor Authorized Representa ve
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//kdward A. Gross, City Manager Authorized Representative
Laura Z. St ans, City Clerk Autho"i,` Representative
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