HomeMy WebLinkAboutCity of Tamarac Resolution R-79-230Proposed by
Temp. Reso. 1421
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. i2 - 7 q Z3 O
A RESOLUTION PROVIDING FOR ACCEPTANCE OF THE AGREE-
MENT FOR EMPLOYMENT OF POLICE OFFICERS AND AUTHORIZ-
ING 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 collectively bargained
n good faith and have reduced said bargaining to an agreement, and the City
ouncil of the City of Tamarac, Florida is desirous of approving the said
greement and providing for the proper execution of said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
AMARAC, FLORIDA:
SECTION 1: That that certain agreement by and between the City of
amarac and the F.O.P. for the period from October 1, 1979 to September 30, 1980,
s hereby approved. A copy of the said agreement is attached hereto and made
part hereof.
SECTION 2: The appropriate City officials (Mayor, City Clerk,
ity Manager) are hereby authorized to execute said agreement on behalf of
he City of Tamarac.
SECTION 3: This Resolution shall become effective immediately upon
is final passage.
ASSED, ADOPTED AND APPROVED this, Z day oflw�__�979.
M Y .
TTEST : .w
ITY CLERK
RECORD OF COLIN& VOTE
MAYOR:
HEREBY CERTIFY that I have ap- DISTRICT 1:
roved the form and correctness of DISTRICT 2:
his RESOLUTION.
DISTRICT 3:
DISTRICT 4:
" ! ! / k v
ity Attorney
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AGREEMENT
Between
THE CITY OF TAMARAC
AND
FLORIDA STATE LODGE
FRATERNAL ORDER OF POLICE
FROM: October 1, 1979 to September 30, 1980
TABLE OF CONTENTS
PAGE
ARTICLE
I
PREAMBLE ------------------------------
1
ARTICLE
II
RECOGNITION ---------------------------------
2
ARTICLE
III
MANAGEMENTS RIGHTS --------------------------
3
ARTICLE
IV
F.O.P. SECURITY ----------------------
5
ARTICLE
V
PROHIBITION OF STRIKES ----------------
6
ARTICLE
VI
NON—DISCRIMINATION -------------------------
7
ARTICLE
VII
CHECKOFF ------------------------------
g
ARTICLE
VIII
F.O.P. REPRESENTATION --------------------
10
ARTICLE
IX
F.O.P. BUSINESS --------------------------
11
ARTICLE
X
BULLETIN BOARDS ------------------------
12
ARTICLE
XI
SAVINGS CLAUSE -------------------------
13
ARTICLE
XII
INTERNAL SECURITY INVESTIGATIONS
AND OBLIGATION TO THE PUBLIC ---------
14
ARTICLE
XIII
DEPARTMENT DISCIPLINARY REVIEW '
BOARD----------------------------------
17
ARTICLE
XIV
BEREAVEMENT LEAVE ----------------------
IS
ARTICLE
XV
LEAVES OF ABSENCE -------------------------
19
ARTICLE
XVI
LINE OF DUTY INJURIES -------------------
21
ARTICLE
XVII
UNIFORM ALLOWANCE ----------------------
22
ARTICLE
XXIII
MANPOWER UTILIZATION ----------------------
23
ARTICLE
XIX
EDUCATION ---------------------------`----
24
ARTICLE
XX
SICK LEAVE -----------------------------
25
ARTICLE
XXI
VACATION ------------------------------
26
ARTICLE
XXII
SENIORITY ----------------------------
27
ARTICLE
XXIII
HOLIDAYS -------------------------------
28
ARTICLE
XXIV
MEDICAL INSURANCE ------------------------
29
ARTICLE
XXV
CIVIL SUITS --------------------------
30
ARTICLE
XXVI
WORK WEEK AND OVERTIME ------------------
31
ARTICLE
XXVII
GRIEVANCE PROCEDURES ----------------------
33
ARTICLE
XXVIII
ARBITRATION ---------------------------------
36
ARTICLE
XXIX
WAGES ----------------------------------
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II
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TABLE OF CONTENTS (Cont'd)
ARTICLE
XXX
SAFETY AND HEALTH -------------------
ARTICLE
XXXI
PERSONAL LEAVE ---------------------
ARTICLE
XXXII
GENERAL ------------------------------
ARTICLE
XXXIII
TERMINATION BENEFITS ----------------
ARTICLE
XXXIV
TOTAL AGREEMENT ---------------------
ARTICLE
XXXV
DURATION OF AGREEMENT ----------------
DEFINITIONS--------------------------
PAGE
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DE INITIONS
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
(1�) 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 minumum of forty (40)
hours per week and not entitled to City benefits.
7. PERMANENT POSITION: An position y p ion vacant or filled which is
designated as such by the City budget.
S. PERMANENT STATUS: An employee classified in a position
designated by the City budget apd 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
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. AUTHORIZED LEAVE: Any approved leave of absence, including
vacation, sick leave, or injured on duty.
17. DEPARTMENT: Tamarac Police Department.
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ARTICLE I
PREAMBLE
+ 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 purpose of
this Agreement to promote harmonious relations between the
City and its employees and to establish an orderly and peaceful
procedure in the settlement of differences which might arise
and to provide for joint collective bargaining in the deter-
mination of wages, hours and other conditions of employment of
employees covered by this Agreement.
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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.
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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
Department and the City including the exclusive right:
A. To manage and direct all employees of the City
and the Police Department.
B. To hire, re -hire, promote, transfer, schedule,
assign and retain employees in positions with
the City.
C. To suspend, demote, discharge, lay off, or take
other disciplinary action against employees for
Just cause.
D. To maintain the efficiencey 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,o€ all employees who shall
be employed by the City, the job make-up, activities,
assignments, and the number of hours and shifts to
be worked per week including starting and quitting
time of all employees.
G. To determine the number, types, and grades of
Positions or employees assigned to an organizational
unit, department or project, and the right to alter,
combine, reduce, expand or cease any position.
H. To determine internal security practices.
Section II: It is understood by the parties that every
Incidental duty connected with operations enumerated in job
descriptions is not always specifically described and employees,
at the discretion of the City, may be required to perform duties
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not within their job description, but within the realm of re-
lated duties.
Section III: The City shall formulate all departmental
policies and procedures including rules and regulations which
will serve as a guide for the conduct, responsibilities and
duties of all employees covered by this Agreement. The use,
location, operation and personnel policies including care and
..maintenance of any equipment or property of the City used by
the Police Department shall be subject to the exclusive direction
and control by the City.
Section 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
fr,am 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.
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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.
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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,
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.
Section III: Recognizing that Florida law prohibits
the activities enumerated in Paragraph I above, the.yarties.
agree that any member who participates in or promotes a strike,
work stoppage, slowdown, boycott, failure or refusal to per-
form work, or any other job action, overt or covert, which
interferes with the mission of the Police Department may be
discharged or otherwise 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 immediately seek and obtain legal and/or equitable
relief in any court of competent jurisdiction or appropriate
administrative body.
Section V: For the purpose of this Article, it is
agreed that the Employee Organization shall also be responsible
and liable for any act committed by its officers and agents,
which act constitutes a violation of the provisions herein.
ARTICLE VI
NON --DISCRIMINATION
t Section 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.P. will not discriminate with
regard to representation of its members or with regard to
terms and conditions of membership and all provisions of this
Agreement because of race, religion, color, creed, sex, age or
national origin.
Section III: For the sake of convenience, the use of
the hale gender herein, is intended to apply to both male and
female employees.
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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
similarly 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.F. will indemnify, defend and hold
the City harmless against any claims made and against any suits
instituted against the City on account of payroll deduction of
F.O.F. dues.
Section IV: The payroll deduction shall be revocable
by the employee notifying the City in writing on a prescribed
foir.. The F.U.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 servit~e.
Section VI: For the purpose of putting this Article
into effect, employee members covered by this Agreement will
execute individual authorization reading as follows:
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AUTHORIZATION OF DEDUCTION OF F.O.P. DUES
i 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
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 ?tanager with a
written list of the F.O.P.'s bargaining committee prior to the
first bargaining meeting and substitution changes thereto if
necessary.
If an employee is on duty during negotiation sessions
he may attend and participate in said sessions with no loss in
pay. If an employee is scheduled to work the midnight shift on
the day.of a negotiating session, the employee shall be excused
from the shift and shall attend the session at no loss of pay;
if approved in advance by the Chief of Police or his designee
which approval could be granted only if the shift would still
be adequately manned and would not cause any overtime in the
Department.
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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 (48) hours prior to
the time off period.
(b) Sufficient manpower is available in the regular
shift to properly man the Department during the absence
of the F.O.P. official. The City shall not be obligated
to permit this time off if at the time of approval 'it
would necessitate overtime in the Department ***** 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.
business when an extreme emergency condition exists and such
time off from regular assignments would in the sole opinion of
the Police Chief or his designee create a danger to public
safety.
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ARTICLE %
BULLETIN BOARDS
Section I: The City will provide one (1) bulletin
board for the exclusive use of the F.O.P. solely for posting
of official bulletins, notices and other official Association
materials.
Section II. The authorized bulletin board for F.O.P.
use may be used only for posting official notices which shall
be signed by an officer of the F.O.P.
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ARTICLE XI
SAVINGS CLAUSE
Section I. All job benefits and terms and conditions
of employment as set forth in the City of Tamarac Personnel
Manual dated December 21, 1977, except Section 38 "Pension
Plan" which is specifically excluded, and which are not specifi-
cally amended, abridged or repealed by this Agreement shall re-
main in effect for the life of this Agreement. This shall not
be interpreted to prevent the Police Department from formulating
and enforcing its own Rules, Regulations and Policies so long
as such rules, regulations and policies do not alter the terms
and conditions of this Agreement or detract from the benefit
structure of the employees.
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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
performance of such duties involves those members in all
manner of contacts and relationships with the public and
that out of such contacts and relationships, questions may
arise or complaints may be made concerning the actions of
members covered 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 preser-
vation 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 conducive to good
order and discipline; meanwhile observing and protecting the
individual rights of each member of the force. The investigation
shall be conducted in accordance with applicable Florida Statutes.
Section III: RIGHTS OF LAW ENFORCEMENT OFFICERS WHILE
UNDER INVESTIGATION.- Any member who is under investigation by this
Department or any Board, Committee, Official or Managerial Employee
of the City, shall be advised of such investigation at its outset,
unless such disclosure would impede or endanger a criminal investi-
gation. Whenever a law enforcement officer is under investigation
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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
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 bf 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 answering 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 statements.
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(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 XIII
DEPARTMENT DISCIPLINARY REVIEW BOARD
It is the purpose of 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 (10) calendar days, be afforded
a review of the recommended action by a board composed of three
(3) members of the Department, one (1) member selected by the
Department Head, 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 employe
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 XTV
BEREAVEMENT LEAVE
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 _L3A days o
without loss of pay or benefits for each death of the below
described family members.
Section 11: 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 circumstances.
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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 or acting City Manager, in the sole discretion
of the Manager. Such leaves may be renewed or extended for
any reasonable purpose in the sole discretion of the City
Manager or Acting City Manager not to exceed ninety (90) days
total.
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 at the sole discretion of
the City Manager be renewed at the request of the officer
for a period not to exceed one additional year.
Section III: Leaves of absence, with or without pay,
may also be granted to officers by the City Manager and/or
his designee at their sole discretion 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 Statues. 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, or
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may retain his/her military pay and use accrued vacation time
in lieu of military leave. 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 commitment without pay.
Section V: Any member who is on duly authorized
paid leave of absence will continue to maintain benefits as
if he were on regular status.
All job related benefits will cease for any member
who is on authorized unpaid leave of absence. A member on
authorized unpaid leave of absence may elect to continue
applicable health insurance coverage by personally making
all payments for this coverage during the period he is on
leave without pay including the City's entire contribution.
When a member who has been on authorized unpaid leave of
absence returns to work, he will be credited only with the
number of earned vacation and sick leave hours that he had
not used.
Section VI: Extended leaves of absence without
pay may be granted by the City Manager or Acting City
Manager at the Manager's sole discretion for a long term
illness, disability or pregnancy for a period up to six (6)
months. The leave may be extended or renewed at the sole
discretion of the City Manager or Acting City Manager for
one (1) additional six (6) month period upon request and
receipt of a certified physician's statement.
Section VIII: Any officer who is on duly authorized
leave without pay will receive no City benefits while in said
status.
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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, terminates or retires.
No employee seeking benefits for Workmen's
Compensation, social security disability, or any other
benefits for which he may be entitled shall ever receive
more than one hundred (100%) percent of his or her bi-
weekly net base pay from the City.
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ARTICLE XVII
UNIFORM ALLOWANCE
Section I: Each member of the bargaining unit
shall after being with the City for one (1) year, receive
a uniform allowance of $200.00 annually, paid in quarterly
installments in advance.
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) reflectorized raincoat, one (1) pair of reflect-
orized gloves, one (1) hat badge, one (1) shirt badge,
one (1) whistle, one (1) name -tag, leather goods and
accessories to include hand -cuffs and case, cartridge
case, halter, and cartridges for his weapon. Members
who are assigned to units which require special equip-
ment or uniforms shall be issued such equipment or
uniforms by the City upon his/her transfer.
Section II: Any employee who shall receive
any breakage or damage to his uniform or personal equip-
ment in the line of duty, shall have it replaced at no
cost to the employee.
ku
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ARTICLE XV131
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.
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I I
t I
ARTICLE XIX
EDUCATION
The City will pay for approved job related courses
if funds are available in the sole opinion of the Police Chief
and City Manager and if the course does not interfere with
the officer's performing his duties including attendance at
work and scheduling of working hours.
Section I: The City shall pay for the total cost of
the courses, including registration fees, charge for semester
hours, and textbooks if the course and authorization to take
it were given by the Police Chief and City Manager in writing
prior to registration. 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. These monies may be
deducted from employee's pay check at a maximum amount of $25.00
per pay check. 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 textbook 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. City shall deduct this amount
from the employee's final pay check. The employee must sign
an affidavit stating that he or she approves of the terms set
forth in this section before any monies are expended by City.
Section IV: The City agrees to pay the applicable salary
incentive monies, in accordance with the Florida State Statutes
Chapter 943.22, on a monthly basis. Such monies shall be paid
in a separate check at the time the first regular pay check of the
month is issued, but in no case shall it issue later than the
tenth day of each month.
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ARTICLE %%
SICK LEAVE
Section is 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 T'I: Sick leave shall be granted for the
following reasons:
A. Personal illness or physical incapacity to such
extent as to be rendered thereby unable to perform
the duties of his/her position.
B. Attendance upon members of the family within the
household of the employee whose illness requires
the care of such employee.
C. Enforced quarantine when established by the
Department of Health or other competent authority
for the period of such quarantine.
Section ITI: 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 Da s % of Buy Back
30-60 days 25%
61-99 days 50%
Over 100 days 100%
At time of separation in good standing, an employee
who has accwnulated 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 and who has satisfactorily
completed his probationary period 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, or greater part
thereof, of service:
0-5 years
6-10 years
Over 10 years
One (1) day per"month
One and one quarter (1)
days per month
One and one-half GU days
per month.
For example, an employee with seven (7) years of con-
tinuous service will earn leave at the rate of twelve (12) days
per year for the first five (5) years and at fifteen (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.
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. Re -instate-
ment of laid off employees will be done
before new employees are hired and in the
order of their accrued service time with the
City. 'A
11
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ARTICLE XXIII
HOLIDAYS
i 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
Section II: If Christmas Day and New Year's Day fall
on a Tuesday, Wednesday, Thursday, or Friday, one-half (i)
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 III: 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 not in-
cluding leave without pay.
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 IV: 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.
If this option is used a maximum of ten (10) days
may be accrued. Any days accrued in excess of ten
(10) must be taken within one (1) year of the date
it is earned or the City will pay the employee for
that date. This will not affect those days in an
accumulated status prior to the effective date of
this Agreement.
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ARTICLE XXIV
MEDICAL INSURANCE
Section I: Employees will be provided with
medical, surgical and hospitalization benefits substantially
equivalent to those currently provided, with the City paying
the full premium for employee coverage.
Dependent coverage may be obtained by the
employee. In the event dependent coverage is sought, the
City will subsidize said coverage at the contribution rate
in effect at the time of execution of this Agreement ($41.79
per month). Any and all additional costs for dependent
coverage shall be the responsibility of the employee.
The City agrees not to do anything to encourage
an increase in premiums for dependent coverage.
i
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1
ARTICLE XXV
CIVIL SUITS
Section I: 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. However, if the employee is found by a Court
of competent jurisdiction to have acted beyond the scope of
his duties, City reserves the option to file suit against the
employees. City will not be bound to defend suits for actions
occurring when an employee is on a private work assignment for
which compensation is not paid by City and when the employee
is not on a tour of duty in the City, unless the employee is
in the process of making a lawful arrest or taking some other
valid and bona fide police action which he would be expected
to take whether on the private work assignment or elsewhere.
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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 actually works forty (40)
hours, or his actual hours worked and his authorized compensated
leave totals forty (40) hours. For the purpose of this Agreement,
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 (li)
times the employees hourly rate of pay, or compensatory time
at the'.rate of one and one-half (1j) 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 (1) hour beyond his normal work week. However, once
an employee has accrued a maximum of 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 a time outside his normal working
hours, he shall receive a minimum of three (3) hours pay at
time -and -one-half the basic rate position and pay at time -
and -one-half for each additional hour beyond the initial
three (3) hours or, at the discretion of the employee, the
equivalent in compensatory time. 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,
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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,
County Court or at depositions or statement
sessions where such proceedings involve pending
criminal cases.
(b) 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.
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.
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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 settled
through binding arbitration shall not constitute a procedure
for the interpretation of this Agreement nor shall it be used
as a basis 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.
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 not satisfied with
the disposition of the grievance in Step 3, 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 Manager shall within ten (10) days of the
filing of the appeal (or some longer period of time as is
mutually agreed upon) render his decision in writing with a
copy to the Employee Organization.
Section 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 Step 1. The grievance shall be signed by the aggrieved
members or the Representative of the Employee Organization.
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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.
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0
ARTICLE XXVIII
ARBITRATION
Section 1: 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 an Arbitrator within fifteen (15) days after the City
Manager or his designee renders a written decision on the
grievance. The Arbitrator shall be one (1) impartial person
selected by the parties to the Agreement. In the event the
parties are unable to agree upon said 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
statement of the grievance to be arbitrated prior to the
arbitration hearing and the Arbitrator, therefore, shall
confine his decision to the particular grievance thus specified.
In the event the parties fail to agree upon the statement of
the grievance to be submitted to the Arbitrator the Arbitrator
will confine his consideration and determination to the
written statement of the grievance presented in St ep 1, of
the Grievance Procedure.
The Arbitrator 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 Arbitrator 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
-36-
defined in this Agreement; nor shall this collective
bargaining Agreement be construed by the Arbitrator to
supersede 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 im-
partial 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.
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 Con-
ciliation Service and/or the American Arbitration Association.
Copies of the Arbitrator's award made in accordance with the
jurisdiction and authority under this Agreement shall be
furnished to both parties within thirty (30) days of the
closing of the Arbitration Hearing. The Arbitrator's award
shall be final and binding.
Section V: The grievance and arbitration pro-
cedure 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.
-37-
ft ARTICLE XXIX
WAGES
Section I: Effective October 1, 1979, a pay
increase amounting to seven (7%) percent of the salary of
each bargaining unit member shall be given to each unit
member.
Section II: Each member of the bargaining
unit who has twenty (20) years of service or more with the
City and who is at the top of his pay grade shall receive on
his annual anniversary date a pay increase of two (2%) percent.
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ARTICLE XXX
SAFETY A14D HEALTH
Section I: To help ensure the members safety while
working, the City agrees to equip all Police Units with
rear seat cages.
The City agrees to continue to use tires of a quality
currently employed or better for the term of this Agreement.
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ARTICLE XXXI
PERSONAL LEAVE
Personal leave shall be granted to full-time employees,
excluding those classified as temporary, at the rate of three
(3) working days per year, after satisfactorily completing a
six (6) month probationary period.
When an employee becomes eligible for all City
benefits, he (she) shall be granted three (3) personal days
which may be utilized during the following twelve (12)
months. Every year on this date, the employee shall forfeit
any of the three (3) days not used and be granted three (3)
new days for the coming year.
Personal leave is not accumulated from year to year.
Personal leave shall not be used to extend an
employee's vacation except in emergency situations where
approval is granted by the department head and the City
Manager.
ADVANCE APPROVAL
An employee wishing to use personal leave shall
submit a properly completed Request for Leave of Absence
form for prior approval at least one (1) week in advance
of the actual day. Approval of this request is at the
discretion of the department head and must have final
approval of the City Manager.
Personal leave not used will not be compensated for
at termination of an employee.
The City may not take action to stop an employee from
using his personal leave except in the event of an emergency
wherein any days requested but not granted will be carried over
to the next year.
!Kim
Deleted.
ARTICLE XXXII
GENERAL
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1
0
V_�
ARTICLE XXXIII
TERMINATION BENEFITS
Section I: Vacation time, holiday time and over-
time thet has been performed and is in an accumulated status
will be compensated by cash or check upon termination pro-
vided at least two weeks written notice of termination has
•been provided to the City or on the next payday at the
option of the employee. If two weeks written notice has
not been provided to the City, the final payment shall be
processed with the next scheduled payroll. If an employee's
last working day is on a Saturday or Sunday, the employee shall
receive his/her cash or check on Monday,
-42-
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. -
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ARTICLE XXXV
' DURATION OF AGREEMENT
This Agreement shall be effective as of October 1,
1979 and shall remain in full force and effect until September
30, 1980, unless modified or changed by mutual consent. On
or before March 1, 1980, any party desiring to renegotiate
this Agreement shall notify the other in writing of their in-,
tention. 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, 1980. It shall include a list of proposals 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 meeting
for collective bargaining purposes.
State or Local Legislation which has impact
Any Federal,
eviewed by both parties with advice
upon this Agreement shall be r
of legal counsel so as to properly adjust to comply with the
law when appropriate.
DATE APPROVED : �� (° �q7�
ATTEST:
anager
ATTEST:
514:11 -2 .24&1
Ci y C
91
FRATERNAL ORDER OF POLICE
Authorized Represent ive
C.
Authorized Represe ative
Authorized Representa
tive
CITY OF TAMARAC
By -
Wal a W. k, a or
This a7 day of ,1979
B
y Ed`ard A.
City Manager, Gross
This�day o 1979
_44 -