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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. f 0 T 0 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 a 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. I S r� f ARTICLE I PREAMBLE i 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, -1- 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, Ma ? ' t 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, -3- 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 -4- 9 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. -5- a 10 1 1 4 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 -6- 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. -7- I_1/ L, 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 MIM 13 0 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 i 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 -9- !µ 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. -10- 15 I 11 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. -11- ARTICLE XIV BEREAVEMENT LEAVE i 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. -12- l7 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 -13- 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. -14- -9 I ARTICLE XVII U`dIFORM ALLOWANCE i 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 :96.1m Q 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. i 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 -16- a_ I P� 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% -17- v� I 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. -18- v3 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. -19- I 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. -20- vS 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 -21- Y G 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. -22- Y1 L� I I 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. -23- r 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. -24- 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 -25- 3a 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. -26- .. 00 • 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. -27- 3 -v' 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 -28- �'j 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 -29-