HomeMy WebLinkAboutCity of Tamarac Resolution R-78-055Proposed byr� M Di Sv) Temp. Reso . #988
CITY OF TAMARAC, FLORIDA
RESOLUTION
A RESOLUTION PROVIDING FOR ACCEPTANCE OF THE AGREE-
MENT FOR EMPLOYMENT OF POLICE OFFICERS AND AUTHO-
RIZING THE PROPER CITY OFFICIALS TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY OF TAMARAC
WHEREAS, the City of Tamarac and the F.O.P. have collective-
ly 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 approving the said agreement and providing for the
proper execution of 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 F.O.P. for the period from March 1, 1978 to
September 30, 1979, is hereby approved. A copy of the said agree-
ment is attached hereto and made a part hereof.
SECTION 2: The appropriate City officials (Mayor, City
Cler k,City Manager) are hereby authorized to execute said agree-
ment on behalf of the City of Tamarac.
SECTION 3: This Resolution shall become effective im-
mediately upon its final passage.
PASSED, ADOPTED AND APPROVED this_C9,eRne[ day of_ Pi_11C&_ 1978.
ATTEST:
CIT �CL
I HEREBY CERTIFY that I have ap-
proved the form and correctness
of his RESOLUTION.
e
City Atto ey
RECORD OF COUNCIL VOTE
MAYOR W. FALCK _A
V/M H. MASSARO 6zt� fl _
c�►'it N. tiJ i ire r ��-
C/M 1. M. OISRAELLY 0
61M M. KLIKA'�,
AGREEMENT
Between
THE CITY OF TAMARAC
and
FLORIDA STATE LODGE
FRATERNAL ORDER OF POLICE
FROM March 1, 1978 to September 34�, 1979
TABLE OF CONTENTS
PAGE
ARTICLE
I
PREAMBLE --------------------------------
1
ARTICLE
II
RECOGNITION------------------------------
1
ARTICLE
III
MANAGEMENTS RIGHTS-----------------------
1
ARTICLE
IV
F.O.P. SECURITY--------------------------
3
ARTICLE
V
.PROHIBITION OF STRIKES-------------------
3
ARTICLE
VI
NON-DISCRIMINATION-----------------------
4
ARTICLE
VII
CHECKOFF---------------------------------
5
ARTICLE
VIII
F.O.P. REPRESENTATION--------------------
7
ARTICLE
IX
F.O.P. BUSINESS--------------------------
7
ARTICLE
X
BULLETIN BOARDS--------------------------
8
ARTICLE
XI
SAVINGS CLAUSE---------------------------
8
ARTICLE
XII
INTERNAL SECURITY INVESTIGATIONS AND
OBLIGATION TO PUBLIC---------------------
8
ARTICLE
XIII
DEPARTMENT DISCIPLINARY REVIEW BOARD-----
11
ARTICLE
XIV
BEREAVEMENT LE.AVE------------------------
12
ARTICLE
XV
LEAVES OF ABSENCE------------------------
12
ARTICLE
XVI
LINE OF DUTY INJURIES--------------------
14
ARTICLE
XVII
UNIFORM ALLOWANCE------------------------
15
ARTICLE
XVIII
MANPOWER UTILIZATION---------------------
15
ARTICLE
XIX
EDUCATION--------------------------------
16
ARTICLE
XX
SICK LEAVE --------------------a-r--------
16
ARTICLE
XXI
VACATION---------------------------------
18
ARTICLE
XXII
SENIORITY --- =------------------------- =--
19
ARTICLE
XXIII
HOLIDAYS---------------------------------
19
ARTICLE
XXIV
MEDICAL INSURANCE------------------------
20
ARTICLE
XXV
CIVIL SUITS------------------------------
21
ARTICLE
XXVI
WORK WEEK AND OVERTIME-------------------
21
ARTICLE
XXVII
GRIEVANCE PROCEDURE----------------------
23
ARTICLE
XXVIII
ARBITRRATION------------------------------
25
ARTICLE
XXIX
WAGES------------------------------------
27
ARTICLE
XXX
TERMINATION BENEFITS---------------------
27
ARTICLE
XXXI
TOTAL AGREE:TENT--------------------------
28
ARTICLE XXXII DURATION OF AGREEMENT----------------- 28
DEFINITIONS------------------------------ ff
DEFINITIONS
1. CALENDAR WEEK: A consecutive period of seven days, the
first day of which is Monday at 12:01 A.M.
2. EMPLOYEE: The use of +the words employee or employees in
this Agreement shall be construed as meaning Police Officers,
Sergeants, and Detectives.
3. FULL-TIME EMPLOYEE: An employee scheduled to work a
minimum of forty (40) hours per week.
4. NORMAL WORK WEEK: Forty (40) hours within a calendar
work week.
5. OVERTIME RATE: Overtime rate of pay is one and one-half
(l 1/2) times the base pay rate at the hourly pay rate for
the employee's proper grade and step.
6. PART-TIME EMPLOYEE: An employee holding a position on an
hourly basis, working less than a minimum of forty (40)
hours per week and not entitled to City benefits.
7. PERMANENT POSITION: Any position vacant'or filled which is
designated as such by the City budget.
8. PERMANENT STATUS: An employee classified in a position
designated by the City budget and has satisfactorily com-
pleted a probationary period. _
9. POLICE OFFICER: An officer who has satisfied the require-
ments of the State of Florida Police Standards -and has
arresting powers.
10. PROBATIONARY EMPLOYEE (new hire): An employee who is
serving his (her) probationary period prior to being
regularly appointed to a permanent position.
11. PROBATIONARY EMPLOYEE (promotion): An employee who is
serving his (her) probationary period prior to attaining
permanent status in a higher classification.
12. PROBATIONARY PERIOD (new hire): A period of time whereby
the employee's performance is carefully evaluated in order
to attain permanent status.
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13. TEMPORARY EMPLOYEE: An employee holding a position that
is not permanent, which is of a temporary, seasonal,
casual, or emergency nature.
14. TEMPORARY POSITION: All positions that are not designated
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as permanent.
15. TIME AND ONE-HALF RATE: Time and one-half rate is one
and a half times the base pay rate at the hourly rate for
the employee's proper grade and step.
16. LUNCH BREAK: Lunch shall consist of thirty (30) minutes
per shift.
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ARTICLE I
PREAMBLE
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Section I: This Agreement is entered into by
Tamarac, Florida, hereinafter referred to as the "City" and
the Florida State Lodge, Fraternal Order of Police, herein-
after referred to as the "F.O.P.". It is the nurnnRP of
this Agreement to promote harmonious relations between the
City and its employees and to establish an orderly and peace-
ful 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 employ-
ment of employees covered by this Agreement.
ARTICLE II
RECOGNITION
Section I: The City agrees to hereby recognize the
Fraternal Order of Police as the sole and exclusive Bargaining
Agent for all full-time sworn employees within the ranks of
Police Officer, Police Sergeant and Police Detective, in accor-
dance with Public Employees Relations Commission Certification
Number 358.
ARTICLE III
MANAGEMENTS RIGHTS
Section I: The F.O.P. recognizes the right of the City
to operate, manage, and direct all affairs of the Police Depart-
ment 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,
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assign and retain employees in positions with
the City.
C. To suspend, demote, discharge, lay off, or take
other disciplidary 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, consolidate 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 organiza-
tional unit, department or project, and the right
to alter, combine, reduce, expand or cease any
position.
H. To determine.internal security practices.
Section II: It is understood by the parties: that every
s
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 re-
lated duties.
Section IIIs 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,
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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 IV: 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 perogative to exercise any or all rights
or functions listed herein.
ARTICLE IV
F.O.P. SECURITY
Section I: It is agreed that City will make available
to the F.O.P., one (1) copy of this Agreement. The City will
place a copy on each of the bulletin boards as designated in
this Agreement for the purpose of information and to make known
that the Fraternal Order of Police has been recognized by the
City.
ARTICLE V
PROHIBITION OF STRIKES
Section I: The F.O.P. 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 II: There will be no strikes, work stoppages,
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slowdowns, boycotts, refusal to perform assigned work, or any
other job action, overt or covert, which interferes with the
mission of the Police Department by the members covered under
this Agreement. i
Section III: Recognizing that Florida law prohibits the
activities enumerated in Paragraph I above, the parties agree
that any member who participates in or promotes a strike, work
stoppage, slowdown, boycott, failure or refusal to perform work,
or any other job action, overt or covert, which interferes with
the mission of the Police Department may be discharged or other-
wise disciplined by the City.
Section IV: 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 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 jurisdiction.
Section V: For the purpose of this' Article, it is
agreed that the Employee Organization shall be responsible and
liable for any act committed by its officers and agents, which
act constitutes a violation of the provisions hereiTV,
ARTICLE VI
NON-DISCRIMINATION
Section I: The City will not discriminate against any
employees covered by this Agreement because of membership in
or legitimate activity as required in the Agreement in behalf
of the members of the F.O.P.
Section II: The F.O.F. will not discriminate with
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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. I
Section III: For the sake of convenience, the use of
the male gender herein, is intended to apply to both male and
female employees.
ARTICLE VII
CHECKOFF
Section I: Full-time active employees covered by
this Agreement may authorize payroll deductions for the purpose
of paying F.O.P. dues. No authorization shall be allowed for
payment of initiation fees, assessments or fines.
Section II: The F.O.P. will initially notify the City
of the amount of dues. Such notification will be certified to
the City in writing over the signature of an authorized officer
of the F.O.P. Changes in F.O.P. membership dues will be simi-
larly certified to the City and shall be done at least one (1)
month in advance of the effective date of such change.
Section III: Dues shall be deducted monthly and the funds
shall be remitted to the -Treasurer of the F.O.P. within thirty
(30) days. The F.O.P. will indemnify, defend and hold the Citv
harmless against any.claims made and against any suits insti-
tuted against the City on account of payroll deduction of F.O.P.
dues.
Section IV: The payroll deduction shall be revocable
by the employee notifying the City in writing on a prescribed
form. The F.O.P. shall be notified of any revocation.
Section V: Recognizing the added administrative expense
in accounting for individual payroll deductions, the F.O.P. will
reimburse the City $150 annually for the cost in providing for
this service.
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Section VI: For the purpose of putting this Article
into effect, employee members covered by this Agreement will
execute individual authorization reading as follows:
I
AUTHORIZATION OF DEDUCTION OF F.O.P. DUES
I hereby authorize the City of Tamarac to deduct from
my wages each month the current normal monthly F.O.P. dues
and to transmit this amount to the Treasurer of the Fraternal
Order of Police.
DATE SIGNED
PAYROLL NUMBER
INSTRUCTIONS TO STOP PAYROLL DEDUCTION OF F.O.P. DUES
I hereby authorize the City of Tamarac to stop deducting
from my wages each month the current normal monthly dues for the
Fraternal Order of Police.
DATE
SIGNED
PAYROLL NUMBER
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ARTICLE VIII
F.O.P. REPRESENTATION
I
Section I: Neither party, in negotiation, shall have
any control over the selection of the negotiating or bargaining
representatives of the other party. The bargaining committee
of the F.O.P. shall consist of not more than four (4)-represen-
tatives. The F.O.P. will furnish the City Manager with a
written list of the F.O.P.'s bargaining committee prior to the
first bargaining meeting and substitution changes thereto if
necessary.
ARTICLE IX
F.O.P. BUSINESS
Section I: F.O.P. officials, up to a maximum of two
(2) in any one instance, shall be granted time off to attend
State or Local F.O.P. meetings.
Section II: Employees who are elected F.O.P. officials
of the Fraternal Order of Police shall be granted time off by
Department Management to attend F.O.P. meetings, provided:
(a) A written request is submitted to Department
Management at least forty-eight (43) 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 F.O.P. official.
***** In emergencies, the request may be submitted
orally and later confirmed in writing.
Section III: Time off as provided in this Article for
F.O.P. officials shall not exceed a total of one -hundred and
thirty (130) hours for all officials in any fiscal year. The
Department retains the right to restrict any time off for F.O.P.
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business when an extreme emergency condition exists and such
time off from regular assignments would create a danger to
public safety.
ARTICLE X
BULLETIN BOARDS
Section I: The City will provide one (1) bulletin
board for the exclusive use of the F.O.P. for posting of
bulletins, notices and other Association materials.
Section II: The authorized bulletin board for F.O.P.
use may be used for posting official notices which shall be
signed by an officer of the F.O.P.
ARTICLE XI
SAVINGS CLAUSE
Section I: All job benefits heretofore enjoyed by
the employee which are not specifically provided for or
abridged by this Agreement shall continue under conditions
upon which they had previously been granted through -out the
life of this Agreement. All personnel rules not specifically
abridged or provided for herein shall continue under conditions
upon which they had previously been granted throughout the life
of this Agreement.
ARTICLE XII
INTERNAL SECURITY INVESTIGATIONS AND OBLIGATION TO THE PUBLIC
Section I: The parties recognize that the security of
Tamarac and its citizens depends to a great extent upon the
manner in which the members covered by this Agreement perform
their various duties. Further, the parties recognize that the
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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
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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 II: 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 therefore 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 appli-
cable Florida Statutes.
Section III: RIGHTS OF LAW ENFORCEMENT OFFICERS WHILE
UNDER INVESTIGATION.- Whenever a law enforcement officer is
under investigation and is subject to interrogation;by members
of this agency, for any reason which could lead to disciplinary
action, demotion, or dismissal, such interrogation shall be
conducted under the following conditions:
(a) The interrogation shall be conducted at a reasonable
hour, preferably at a time when the law enforcement officer is
on duty, unless the seriousness of the investigation is of such
a degree that an immediate action is required.
(b) The interrogation shall take place either at the
office of the command of the investigating officer or at the
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office of the local precinct or police unit in which the inci-
dent allegedly occurred, as designated by the investigating
officer or agency.
(c) The law enforcement officer under investigation
shall be informed of the rank, name, and command of the
officer in charge of the investigation, the interrogating
officer, and all persons present during the interrogation.
All questions directed to the officer under interrogation
shall be asked by and through one (1) interrogator at any one
(1) time.
(d) The law enforcement officer under investigation
shall be informed of the nature of the investigation prior to
any interrogation, and he shall be informed of the name of all
complainants.
(e) Interrogating sessions shall be for reasonable
periods and shall be timed to allow for such personal necessities
and rest periods as are reasonably necessary.
(f) The law enforcement officer under interrogation
shall not be subjected to offensive language or threatened with
transfer, dismissal, or disciplinary action. No promise or
reward shall be made as an inducement to arisw"ering any questions.
(g) The formal interrogation of a law enforcement
officer, including all recess periods, shall be recorded, and
there shall be no unrecorded questions or statement_A.
(h) If the law enforcement officer under interrogation
is under arrest, or is likely to be placed under arrest as a
result of the interrogation, he shall be completely informed of
all his rights prior to the commencement of the interrogation.
(i) At the request of any law enforcement officer under
investigation, he shall have the right to be represented by
counsel or any other representative of his choice who shall
be present at all times during such interrogation whenever
the interrogation relates to the officer's continued fitness for
law enforcement service.
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ARTICLE YIII
DEPARTMENT DISCIPLINARY REVIEW BOARD
It is the purpose df the Departmental Disciplinary
Review Board to provide a method of ascertaining the fairness
and consistency of punitive action for infractions of the
Departmental Rules and Regulations, Administrative Orders,
Operational Orders and other Departmental Directives. A part
of this review process is the Departmental Disciplinary Review
Board which makes advisory determinations and non -binding
recommendations to the Chief of Police on matters of discipline.
The Departmental Disciplinary Review Board does not possess
adjudiciatory or quasi-judicial powers. As such, its hearings
are nonadversary in nature; the employee appears before the
Board voluntarily at his/her request, the employee shall be
entitled to representation by an employee of his choice and
shall be permitted to examine witnesses, to present evidence
and testimony, to cross-examine, and to put on a defense. All
sworn bargaining unit employees, prior to the final determi-
nation of a monetary fine, forfeiture time and/or suspension,
demotion or dismissal shall, upon written request of the
accused, if submitted within ten (10) calendar days, be afforded
a review of the recommended action by a board comprised of three
(3) members of the Department, one (1) member selected by the
Department Bead, one (1) member selected by the employee, and
one (1) member selected by the first two (2), to act as Chairman
of the Board.
It is agreed that the convening of the Department
Disciplinary Review Board shall be effectuated as expeditiously
as possible following the written request of the accused employee.
Should the accused employee request to continue a hearing or delay
its convening, then it is agreed that the employee waives his
emoluments in exchange for the continuance of the Hearing.
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ARTICLE XIV
BEREAVEMENT LEAVE
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Section I: 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 II: Immediate family members are described as:
Father, Mother, Spouse, Father or Mother-in-law, Brother, Sister,
Grandparents, Grandchildren, Son or Daughter-in-law and upon
proof, any person in the general family whose ties would nor-
mally be considered immediate family and living within the same
household.
Section III: Bereavement Leave will not be charged
against sick leave, vacation or holiday leave or accumulated
overtime.
Section IV: The City reserves the right to require
documentation supporting all approval of Bereavement Leave
after the employee returns to work.
Section V: Application may be made to the City
Manager and/or his designee through the Chief of Police for
extension of Bereavement•Leave due to extenuating circum-
stances.
ARTICLE XV
LEAVES OF ABSENCE
Section I: Leaves of absence without pay for a 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 be renewed
or extended for any reasonable purpose not to exceed ninety
(90) days.
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Section II: An officer member may, upon request, be
granted a leave of absence without pay by the City Manager
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 III: Leaves of absence, with or without pay,
may also be granted to officers by the City Manager 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 similar nature which are
intended to improve or upgrade individual skill or professional
ability.
Section IV: Any employee who 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 pre-
scribed 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 occurring in the authorized period, according
to his or her work schedule, less any service pay received.
Any permanent officer member who is drafted, or who enters active
duty in the Armed Forces'Reserve or National Guard'shall be
granted military leave for the period of military c.dmmitment
without pay.
Section V: 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
authorized unpaid leave of absence. An officer member may
elect to continue hospital and/or personal insurance plans by
personally making future payments for this coverage. Seniority
or longevity, vacation and sick leave credits will be re -installed
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when the amount of active service upon return from an autho-
rized leave is equal to the amount of time lost.
Section VI: Extended leaves of absence without pay
will be granted by the City 11anager or his designee for a long
term illness, disability 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.
ARTICLE XVI
LINE OF DUTY INJURIES
Section I: The City agrees that any employee who is
disabled during the course of his tour of duty with the City
of Tamarac Police Department and which such disability would
be compensated under the Workmen's Compensation Statutes, shall
be paid full salary for the first five (5) days of the disability.
Thereafter, the City will supplement the employees'
workmen's compensation, social security disability, or any
benefits to which he or she may be entitled so that the employee
shall receive eighty-five (85%) percent of 'his gross bi-weekly
base pay until such time as the employee returns to work, ter-
minates or retires.
The employee will be required to return to the City any
benefits he may have received from the City which exceed the
benefits provided for above, and such return may be accomplished
through payroll deductions if necessary. It is intended by the
parties that no employee seeking benefits under this section
shall ever receive more than one hundred (1000 percent of his
or her bi-weekly base pay from the City.
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ARTICLE XVII
U`dIFORM ALLOWANCE
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Section I: Each member of the bargaining unit shall
receive a clothing or uniform allowance of $175 annually paid
quarterly. This amount shall be pro -rated for the period of
time between March 1, 1978, and September 31, 1978.
All new employees shall receive from the City at no
cost to the employee a new uniform upon his appointment. The
uniform shall consist of five (5) shirts, three (3) pairs of
trousers, one (1) hat, one (1) winter jacket, one (1) reflector-
ized raincoat, one (1) pair of reflectorized gloves, one (1)
hat badge, one (1) shirt badge, one (1) whistl•e, one (1) name -
tag, leather goods and accessories to include hand -cuffs and
case, cartridge case, halter, and cartridges for his weapon.
Section II: Any employee who shall receive any break-
age or damage to his uniform or personal equipment in the line
of duty, shall have it replaced at no cost to the employee.
ARTICLE XVIII
MANPOWER UTILIZATION
Section I: The City will agree that at no time will
there be less than one (1) supervisor and four (4) patrol units
on duty.
Total: Five (5) Units.
Section II: The five units will be made up of road
patrol personnel and will exclude traffic division officers
whenever possible.
ARTICLE XXIX
EDUCATION
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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.
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Section I: 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 II: 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 withdrawing, 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 text-
book so that he or she might have it for a reference.
Section III: If an employee voluntarily terminates
prior to one (1) year 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.
Section IV: The City agrees to pay the applicable
salary incentive monies, in accordance with Florida State
Statutes Chapter 943.22, on a monthly basis.
ARTICLE XX
SICK LEAVE
Section I: 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 II: Sick leave shall be granted for the following
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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 up�n 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 III: An employee who is absent from work due
to an illness or disability in excess of two (2) days may be
required to submit a physician's statement of physical condition.
When deemed necessary, the Department Head may require proof of
any illness.
Section IV: An employee covered by this Agreement may
receive compensation for accrued sick leave in excess of thirty
(30) days anytime during his/her employment with the City at
the following rate:
Accumulated Days io o= Duy Dacx.
30-60 days 25%
61-99 days 50%
Over 100 days _ _ 100%
At time of separation in good standing, an employee who has
accumulated more than thirty (30) days of sick leave shall be
paid at the following rate:
Accumulated Days % of Buy Back
30-60 days 25%
61-99 days 50%
Over 100 days 100%
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ARTICLE XXI
VACATION
Section I: 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 II: 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 III: 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 (1 1/4)
days per month
Over ten years One and one-half (1 1/2)
days per month.
For example, an employee with seven (7) years of con-
tinuous 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 IV: Members will be permitted to split their
vacation dates, provided -it does not interfere with the oper-
ation of the department. An employee covered by this Agreement
who is eligible for twelve (12) days annual vacation shall take
a minimum of five (5) consecutive days per year. An employee
eligible for fifteen (15) days annual vacation shall take a
minimum of ten (10) consecutive days per year. An employee
eligible for eighteen (18) days annual vacation shall take a
minimum of ten (10) consecutive days per year. Vacation leave
may be accumulated, but not to exceed thirty (30) working days
at any time during an employee's tenure of employment.
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ARTICLE XXII
SENIORITY
Section I: Seniority shall consist of continuous
accumulated paid service with the City. Seniority shall be
computed from date of appointment.
Section II: Seniority shall govern the following
matters:
(a) Vacations for each calendar year shall be
drawn by employees on the basis of seniority
preference.
(b) Lay-off's of permanent employment will be
based on inverse seniority, with the last
hired being the first laid off. Reinstate-
ment of laid off employees will be done be-
fore new employees are hired and in the order
of their accrued service time with the City.
ARTICLE XXIII
HOLIDAYS
Section I: The City will recognize the following as
paid holiday for employee members:
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Day
Three (3) personal Days.
Section II: For purposes of implementing Section I.
President's Day shall be treated as an additional Personal Day
for the period of time between March 1, 1978, and September 31,
1978.
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Section III: If Christmas Day and New Year's Day
fall on a Tuesday, Wednesday, Thursday, or Friday, one-half
(1/2) day holiday shall be observed the day before the actual
holiday.
Should a holiday fall on a Saturday, the preceding
Friday shall be observed. If the holiday falls on a Sunday,
the following Monday shall be observed.
Section IV: ELIGIBILITY.- To be eligible for paid
holiday, an employee must be in pay status the day preceding
and following the holiday. Pay status shall be defined as
physically being at work or on an authorized leave.
An employee who is absent from work due to illness or
injury, the day before or after a holiday without prior approval,
may be required to submit a physician's statement or a statement
of authorization from his/her department head to the department
head in order to be compensated for said holiday.
If a holiday occurs during an employee's vacation,
there shall be no charge from vacation leave for said holiday.
Section V: COMPENSATION FOR WORK.- If a normal workday
falls on a holiday and an employee is required to work, the
employee shall have the option of:
-pay at double time for the day, or
-pay at straight time for the day and accrual of
one (1) day under holiday leave for future use.
}
ARTICLE XXIV
MEDICAL INSURANCE
Section I: Employees and their dependents will be
provided with medical, surgical and hospitalization benefits
equal to those currently provided, with the City paying the
full premium for employee coverage and dependent coverage,
except that employees shall pay $8.36 monthly towards dependent
coverage.
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Section II: The City agrees to reimburse fully all
employees covered herein for the amount paid by said employees
for dependent coverage prior to the effective date of this
Agreement.
1
ARTICLE XXV
CIVIL SUITS
Section l: The City will automatically undertake 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 countersuits.
ARTICLE XXVI
WORK WEEK AND OVERTIME
Section I: 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 acutally works forty (40)
hours, or his actual hours worked and his authorized compensated
leave totals forty (40) hours. For the purpose of this Agree-
ment, authorized compensated leave shall mean leave compensated
under existing City policy or the provision of this Collective
Bargaining Agreement. `
Section II: Hours worked in excess of the normal work
week shall be compensated at the rate of one and one-half (112)
times the employees hourly rate of pay, or compensatory time
at the rate of one and one-half (12) hour for each overtime
hour, or portion thereof, at the employee's option. Overtime
shall commence when an employee has worked more than one -
quarter (4) hour beyond his normal work week. However,
once an employee has accrued a maximum of
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forty (40) hours of earned compensatory time, the option of cash
or compensatory time shall be made by the department.
Section III: If an employee covered by this Agreement
is called out to work at aItime 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. Call -out rates shall apply to each successive incident
whereupon a member is called to duty outside his normal working
hours.
Section IV: The provisions of Section III 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 III.
(a) Required off -duty appearances as a subpoenaed
witness in the Federal Court, Circuit Courts,
or at depositions or statement sessions where
such proceedings involve pending criminal cases.
(b) Required off -duty appearances -irr Tamarac Municipal
Court. Where a witness or subpoena fee is received
by a member -for an off -duty appearance and said
member is entitled to call -out pay, under Section
IV(a) herein, said fee or its equivalent shall
be presented to and become the property of the
City.
Section V: No supervisory official shall take action
to cause 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.
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Section VI: Employees working Out -Of -Title as
Acting Supervisors will be paid Supervisors pay -scale on an
hour to hour basis after serving in such capacity for more
than one (1) work week. I
ARTICLE XXVII
GRIEVANCE PROCEDURES
Section I: 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 interpretation of this Agreement and grievances
involving discharge, suspension, demotion or any other adverse
personnel action against a -member covered by this Agreement.
Section II: 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
amount to an abandonment of its position and a resolution of the
grievance in favor of the other party. Any decision not appealed
or any grievance settled other than one settred through binding
arbitration,shall not constitute a procedure for the interpre-
tation of this Agreement'nor shall it be used as atbasis for
future decisions.
Section III: Grievances shall be presented in the
following manner and every effort shall be made by the parties
to secure the prompt disposition of such grievances:
Step 1. The member shall first take up his grievance
with his immediate supervisor within five (5) days of the occur-
rence of the event(s) which gave rise to the grievance. Such
contact between the member and his immediate supervisor shall
be on an informal and oral basis.
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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
Division Commander. Such grievance shall be presented to the
Division Commander in writing within five (5) days of the dead-
line date for completion of Step 1. The 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 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 Organization, or by the member himself at the member's
option. The grievance as specified in Step 2 , shall be dis-
cussed by and between the member (or 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 (or such longer
period of time as has been mutually agreed upon) render his
decision in writing with a copy to the Employee Organization.
Step 4. In the event a member is riot 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 the
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 Organi-
zation, requesting that the Chief of Police's decision be re-
versed. The City :tanager 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.
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Section IV: When 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 or the
City, such
grievance
shall be presented in writing directly to the Chief of Police,
within the time limits provided for submission of a grievance
in Sten 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 in Steps 3 and 4.
Section V: 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 ex-
clusive 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.
ARTICLE XXVIII
ARBITRATION
Section I: In the event a grievance processed through
the grievance procedure set forth in Article XXVII has not been
resolved, the grievant 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
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said third (impartial) person within ten (10) days, the parties
shall jointly request the Federal Mediation and Conciliation
Service and/or American Arbitration Association to furnish a
panel of seven (7) names from which each party shall have the
option of alternately striking names thus leaving the seventh
(7) which will give a neutral or impartial arbitrator.
Section II: The City and the member (or the Employee
Organization) shall mutually agree in writing as to the state-
ment 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 upon the statement of the
grievance to be submitted to the Board of Arbitration, the
Board of Arbitration will confine its consideration and determi-
nation 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 this Agreement or any part thereof or amendment
thereto. The Board of Arbitration shall have no authority to
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 Agree-
ment be construed by the Board of Arbitration to supercede
applicable laws in existence at the time of signing of this
Agreement, except to the extent as specifically provided herein.
Section III: 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 the cost.
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Section IV: The parties shall make their choice of the
impartial arbitrator within five (5) days after the receipt of
the panel from the Federal Mediation and Conciliation Service
I
and/or the American Arbitration Association. Copies of the
Board of Arbitration's award made in accordance with the juris-
diction 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 Vt The grievance and arbitration procedure
herein shall have no application to the resolution of disputes
between parties concerning the terms of a new collective
bargaining agreement to replace this Agreement.
ARTICLE XXIX
WAGES
Section I: Effective March 1, 1978, a pay increase
amounting to 9% of the salary of each bargaining unit member
shall be given to unit members.
Section II: Effective October 1, r978, a pay increase
amounting to 7`G of the salary of each bargaining unit member
shall be given to unit members.
Section III: Merit raises shall continue in accordance
with the City's pay plan.
ARTICLE XXX
TERMINATION BENEFITS
Section I: Vacation time, holiday time and overtime
that has been performed and is in an accumulated status will
be compensated by cash or time upon termination.
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ARTICLE XXXI
TOTAL AGREEMENT
I
The parties agree that this collective bargaining
Agreement represents the total agreement for terms and condi-
tions of employment, between the parties, for the life of the
Agreement. No changes shall be made without the agreement of
both parties.
ARTICLE XXXII
DURATION OF AGREEMENT
ivt, �
This Agreement shall be effective as of March 1, 197 'JJj is
30
and shall remain in full force and effect until September ,
1979, unless modified or changed by mutual consent. On or be-
fore March 1, 1979, any party desiring to renegotiate this
Agreement shall notify the other in writing of their intention.
The following procedures shall constitute the correct method for
negotiations: Either party may submit written notice as to the
need for collective bargaining upon the other no later than
March 1, 1979. It shall include a list of-p-roposals which shall
inform the other party of the items they desire to negotiate.
It shall be the obligation of both parties to meet within ten (10)
days after the receipt of written notice of a request for a meet-
ing for collective bargaining purposes.
CY
In the event that the bargaining agent and the govern-
mental employing unit are unable, within sixty (60) days from
and including the day of their first meeting, to reach an agree-
ment, 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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I
of legal counsel so as to properly adjust to comply with the
law when appropriate.
DATE APPROVED: al/•Li/9%'�
CITY OF TAMARAC
V'�-
Walter Fal k Mayor
,. 1
Edgard A. Gross, City Manager
Lf�.urmans, City Clerk
FRATERNAL ORDER OF POLICE
Authorized Representative
Authorized Repres ntative
9 , - L--�L
Authorized Represents ve
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