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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-3361 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 21 22 IXv 24 25 26 27 28 29 30 33 i Z,0 t�72 Temp. Reso. #5259 CITY OF TAMARAC, FLORIDA REFOLUTION NO. R-88- 336 A RESOLUTION APPROVING A CONTRACT WITH THE FRATERNAL ORDER OF POLICE (FOP); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Fraternal Order of Police (FOP) and the City have negotiated in good faith; and WHEREAS, the City Council wishes to accept the recom- mendation of the negotiating team to approve a contract. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the agreement between the City of Tamarac and the Fraternal Order of Police (FOP), is hereby approved for all members of the bargaining unit for the period October 1, 1988 through September 30, 1989. This Agreement is on file in the City Clerk's Department. SECTION 2: That the Mayor, City Manager and City Clerk are hereby authorized to execute this Agreement. SECTION 3: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 141- day of �� , 1988. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RICHARD D00 CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR A13RAMOWITZ DISTRICT 1: C/M ROHR DISTRICT 2: VIM STELZER DISTRICT 3: C/M HOFFMAN µ.-.- DISTRICT 4, C/M BENDER-F n r� I • rl r33 b r ',CP AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE OCTOBER 1, 1988 THROUGH SEPTEMBER 30, 1989 TABLE OF CONTENTS ARTICLE NUMBER PAGE NUMBER DESCRIPTION TABLE OF CONTENTS 1 1 PREAMBLE 2 2 RECOGNITION 3 3 NON-DISCRIMINATION 4 4 & 5 DEFINITIONS 5 6, 7 & 8 MANAGEMENT RIGHTS 6 9, 10, 11 & 12 LAW ENFORCEMENT OFFICERS RIGHTS WHILE UNDER INVESTIGATION 7 13, 14, 15 & 16 GRIEVANCE PROCEDURE 8 17 & 18 ARBITRATION 9 19 & 20 WAGES 10 21 & 22 LONGEVITY PAY 11 23 & 24 WORK WEEK AND OVERTIME 12 25 OFF -DUTY DETAIL 13 26 & 27 UNIFORM ALLOWANCE • 14 15 28 29 SENIORITY & 30 BENEFIT OPTIONS 16 31 & 32 HOLIDAYS 17 33 VACATION 18 34 & 35 SICK LEAVE 19 36 PERSONAL LEAVE 20 37 & 38 PREGNANCY LEAVE 21 39, 40 & 41 TIME POOL BANK 22 42 & 43 LINE OF DUTY INJURIES 23 44 & 45 SUBSTANCE ABUSE 24 46 & 47 PROBATIONARY EMPLOYEE 25 48 BEREAVEMENT LEAVE 26 49 & 50 PROMOTIONAL EXAMS 27 51 & 52 EDUCATION 28 53 F.O.P. REPRESENTATION 29 54 F.O.P. SECURITY 30 55 F.O.P. BUSINESS 31 56, 57 & 58 LEAVES OF ABSENCE 32 59 & 60 SAFETY AND HEALTH 33 61 TERMINATION OF BENEFITS 34 62 & 63 PROHIBITION OF STRIKES 35 64 PERMANENT SHIFTS 36 65 MANPOWER UTILIZATION 37 66 BULLETIN BOARDS 38 39 67 CIVIL SUITS 68, 69 MEDICAL COVERAGE PROGRAM 40 70 SAVINGS CLAUSE 41 71 TOTAL AGREEMENT 42 72 & 73 DURATION OF CONTRACT i1 9 )?- W-<Dz- ARTICLE 1 PREAMBLE 1.1 This Contract is entered into by Tamarac, Florida, hereinafter referred to as the "City" and the Florida State Lodge Fraternal Order of Police, hereinafter referred to as the F.Q.P. It is the purpose of this Contract to promote harmonious relations between the City and its employees, to establish an orderly and peaceful procedure in the settlement of differences which might arise and to provide for joint collective bargaining in the determination of wages, hours and other conditions of employment of employees covered by this Contract. 01 RECOGNITTON 2.1 The City recognizes the Florida State Lodge , Fraternal Order of Police as the sole and exclusive collective bargaining agent for all full-time, sworn employees within the ranks of police officer, police corporals and police sergeant in accordance with Public Employees Relations Commission Certification Number 358. •�I 2 R _ F8 336 ARTICLE 3 NON-DISCRIMINATION 3.1 The City shall not discriminate against any employee covered by this Contract because of membership in or legitimate activity as required in the Contract on behalf of the members of the FOP. 3.2 The Fop shall not discriminate with regard to representation of its members or with regard to terms and conditions of membership and all provisions of this Contract because of race, religion, color, creed, sex, age, national origin or handicap, and shall include but not be limited to • sickness. 3.3 For the sake of convenience, the use of the male gender herein, is intended to apply to both male and female employees 11 3 . • R- f 8- 3.36 ARTICLE 4 DEFINITIONS The following words shall have the meaning herein given them: AUTHORIZED LEAVE: Any approved leave of absence, including vacation, sick, personal or injured on duty BARGAINING UNIT: Fraternal Order of Police -- Lodge #97 CALENDAR WEEK: A consecutive period of seven days, the first day of which is Monday at 12:01 A.M. CHIEF: Chief of Police of Tamarac Police Department • CITY: City of Tamarac DEPARTMENT: Tamarac Police Department DETECTIVE: Non -uniformed Police Officer laterally assigned to investigative duties EMPLOYEE: The use of the words employee or employees in this Contract shall be construed as meaning Bargaining Unit members, uniformed and non -uniformed Police Officers, Corporals and Sergeants F.O.P.: Florida State Lodge Fraternal Order of Police recognized Bargaining agent for members of the Department FULL-TIME EMPLOYEE: An employee scheduled to work a minimum of forty (40) hours per week MANAGER: City Manager of the City of Tamarac 4 k� - sp 3, � �. (::: � DEFINITIONS ARTICLE 4 PAGE 2 NORMAL WORK DAY: Eight (8) hours within one 24-hour period NORMAL WORK WEEK: Forty (40) hours within a calendar work week (Monday -_Sunday) OVERTIME RATE: Overtime rate of pay is one and one-half (1-1/2) times the base pay rate at the hourly pay rate for the employee's proper grade and step 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 PERMANENT POSITION: Any Police Officer, Corporal , or Sergeant position vacant or filled which is designated by the City budget PERMANENT STATUS: An employee classified in a position designated by the City budget who has satisfactorily completed a probationary period POLICE OFFICER: An Officer who has satisfied the requirements of the State of Florida Criminal Justice Standards and has arrest powers PROBATIONARY EMPLOYEE: (new hire): An employee who is serving his probationary period prior to being regularly appointed to a permanent status. Probationary employees have all rights as other barRaining unit employees except -the right to rieve and arbitrate a dismissal. PROBATIONARY EMPLOYEE: (promotion): An employee who is serving his probationary period prior to attaining permanent status in a higher classification. Probationar em to ees have all rights as other bargaining unit emplyees except the right to grieve and arbitrate a demotion. PROBATIONARY PERIOD: (new hire): A period of time not less than twelve (12) months from date of certification whereby the employee's performance is carefully evaluated in order to attain permanent status 40 L. 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. 19 R-96-336 MANAGEMENT RIGHTS 5.1 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 Depaxtment. B. To hire, re -hire, promote, transfer, schedule, assign and retain employees in positions with the City. No transfer, reassignment Dz change in schedule will be for punitive purposes_ C. To suspend, demote, discharge, lay off or take other disciplinary 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. R R- 85-,33� MANAGEMENT RIGHTS ARTICLE 5 PAGE 2 F. To determine the number of all employees who shall be employed by the City, the job make --up, activities, assignments and the number of hours and shifts to be worked per week including starting and quitting time of all employees. G. To determine the number, types and grades of positions or employees assigned to an organizational unit, department or project, and the right to alter, combine, reduce, expand or cease any position. H. To determine internal security practices subject to observance of all constitutional statutory,and contractual rights . 5.2 It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described and employees, at the discretion of the City, may be required to perform duties not within their job descrip- tion, but within the realm of related duties within their department. 7 MANAGEMENT RIGHTS ARTICLE 5 PAGE 3 5.3 The City shall formulate all departmental policies and procedures including rules and regulations which will serve as a guide for the conduct, responsibilities and duties of all employees covered by this Contract. 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. 5.4 The FOP shall have the —right to -bargain over the impact •f managerial decisions that impact on wa es hours and workin conditions exce t as agreed or waived in this contract or waived as demonstrated by the actions orinactionsof the FOP. 9 L3 P-99 336 ARTICLE 6 LAW ENFORCEMENT OFFICERS RIGHTS WHILE UNDER INVESTIGATION 6.1 BILL OF RIGHTS : The City acknowledges that it shall comply with the provisions of the Law Enforcement Officials Bill of Rights, Sections 112.531, et seq.. Whenever a law enforcement officer is under investigation and subject to interrogation by members of his 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 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 incident 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 interrogator at any one time. R- ssri.33 ( ARTICLE 6 LAW ENFORCEMENT OFFICERS RIGHTS WHILE UNDER INVESTIGATION PAGE 2 (d) The law enforcement officer under investigation shall be informed of the nature of the investigation prior to any interro- gation, 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 be threatened with transfer, dismissal, or disciplinary action, No promise or reward shall be made as an inducement to answer 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. (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 or correctional service. 10 ARTICLE 6 LAW ENFORCEMENT OFFICERS RIGHTS WHILE UNDER INVESTIGATION PAGE 3 6.2 CIVIL SUITS BROUGHT BY LAW ENFORCEMENT OFFICERS : Every law enforcement officer shall have the right to bring civil suit against any person, group of persons, or organization or corpora- tion, or the head of such organization or corporation, for either pecuniary or otherwise, suffered during the performance of the officer's official duties or for abridgment of the officer's civil rights arising out of the officer's performance of official duties. 6.3 NOTICE OF DISCIPLINARY ACTION : No dismissal, demotion, transfer, reassignment, or other personnel action which might result in loss of pay or benefits or which might otherwise be considered a punitive measure shall be taken against any law enforcement officer unless such law enforcement officer is notified of the action and the reason or reasons therefor prior to the effective date of such action. 6.4 RETALIATION FOR EXERCISING RIGHTS : No law enforcement officer shall be discharged; disciplined, demoted; denied promo- tion, transfer, or reassignment; or otherwise discriminated against in regard to his employment, or be threatened with any such treatment by reason of his exercise of the rights granted by • this part. 11 R- 95�-.334r:, ARTICLE 6 LAW ENFORCEMENT OFFICERS RIGHTS WHILE UNDER INVESTIGATION PAGE 4 6.5 If a Law Enforcement Officer is._ordered to prepare a written memorandum in connection with an administrative investiga- tion of that person that could lead to disci linar action demo- tion or dismissal, the individual shall be given 46„hours in, which to complycoMply unless there is a enuine olice emer enc . 12 0 r � U 11 R- Ff 336 ARTICLE 7 GRIEVANCE PROCEDURE 7.1 In a mutual effort to provide a harmonious working rela- tionship between the parties to this contract, it is further agreed and understood by the parties that there shall be a procedure for the resolution of grievances involving the application or interpre- tation of this Contract and grievances involving discharge, suspen- sion, demotion, or any other adverse personnel action against an employee covered by this Contract. 7.2 Every effort shall 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 interpretation of this Contract nor shall it be used as a basis for future decisions. 7.3 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. I 1.3 'R- 9 9- 33.6 ARTICLE 7 GRIEVANCE PROCEDURE PAGE 2 Ste2_1 . The employee shall first take up his grievance with his shift or Division Lieutenant Such grievance shall be to such Lieutenant , in writing, within ten (10) calendar days of the occurence. The Lieutenant shall, within ten (10) calendar 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 2 . Any grievance which cannot be satisfactorily settled with the Lieutenant shall next be taken up with the Chief or his designee , either through the Representative of the FOP or by the employee himself at the employee's option. The grievance, as specified in Step 1. shall be discussed by and between the employee (or Representative of FOP) and the Chief or his. -designee within five (5) calendar days after the completion of Step 1. (or such longer period of time as has been mutually agreed upon) The Chief shall, within ten (10) calendar 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 FOP. Step�3. In the event an employee is not satisfied with the disposition of the grievance in Step 2. he shall have the right to appeal the Chief's decision to the Manager or designee within five (5) calendar days of the date of issuance of the Chief'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 14 0 7 R` Y ff- 3,% ARTICLE 7 GRIEVANCE PROCEDURE PAGE 3 employee, or at the employee's option, the Representative of the FOP requesting that the Chief's decision be reversed. The Manager or designee shall within ten (10) calendar 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 FOP. 7.4 When a grievance is general in nature in that it applies to a number of employees rather than a single employee or if the grievance is directly between the FOP and the Department or the City, such grievance may be presented in writing directly to the Chief within the time limits provided for submission of a grievance in Step 1. The grievance shall be signed by the aggrieved employees or the Representative of the FOP. Thereafter, the grievance shall be processed in accordance with the procedure in Step 3. 7.5 The parties desire to give this Collective Bargaining Contract the maximum force and effect and do hereby agree that this Grievance Procedure shall be the sole and exclusive method of resolving any dispute concerning interpretation of any provision of this Contract. 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. 15 fj` ffY-336 ARTICLE 7 GRIEVANCE PROCEDURE PAGE 4 7.6 The parties recognize that situations may arise wherein disciplinary or'other adverse personnel action against employees is taken directly by the Manager or designee. When this occurs, the employee shall immediately avail himself to the Arbitration provisions set forth in Article 8 . 7.7'The FOP shall not be required to process the grievance of a non-member. 11 7.8 Any grievance based on discharge, suspension or demotion shall begin at SLt2 3 of the Grievance Procedure. 0 16 R- 94r---3,36 ARTICLE 8 ARBITRATION 8.1 In the event a grievance processed through the Grievance Procedure set forth in Article 7 has not been resolved, the grievant may submit the grievance to an Arbitrator within fifteen (15) days after the Manager or designee renders a written decision on the grievance. The Arbitrator shall be one (1) impartial person selected by the parties to the Contract. 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 or American Arbitration Association to furnish a panel of seven (7) names from which each party VI have the option of alternately striking names thus leaving the seventh (7th) which will give a neutral or impartial Arbitrator. 8.2 The City and the employee (or the FOP) 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 its decision to the particular grievance thus specified. In the event the parties fail to agree upon the statement of the grievance to be submit ted to the Arbitrator, the Arbitrator shall confine his consideration and determination to the written statement of the grievance presented in Step 1 of the Grievance Procedure. 8.3 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 Counciliation Service or the American Arbitration A46ciation. Copies of the Arbitrator's award made in accordance with 17 ARTICLE 8 ARBITRATION PAGE 2 W-gy--336 CJ the jurisdiction and authority under this Contract 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. The Arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Contract or any part thereof or amendment thereto. 8.4 Each party shall bear the expense of its own witnesses and of its 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. 0 W. R=ffy- 336 ARTICLE 9 • WAGES 9.1 During the term of this contract, the member's annual salary shall be as follows: EMPLOYEE I.D. # ANNUAL SALARY 13085 32,710.61 1586 26,911.04 500 32,710.61 1712 25,629.55 30242 38,557.65 13763 38,557.65 63123 22,910.37 13883 32,710.61 202 32,710.61 714 25,629.55 1665 26,911.09 14720 32,710.61 51.87 25,629.55 15434 38,557.65 15629 32,710.61 16042 32,710.61 1653 26,911.09 2322 29,669.48 5138 25,629.55 234 22,910.37 16648 38,557.65 2339 29,669.48 973 25, 629.55 1992 26,911.09 62 26,911.09 18244 38,557.65 18566 34,019.02 18720 32,710.61 18888 38.557.65 348 22,910.37 19129 32,710.61 19181 32,710.61 19201 32,710.61 19845 32,710.61 2120 31,152:95 1559 28,256.64 20488 38,557.65 20642 32,710.61 20806 32,710.61 1149 32,710.61 11 19 ARTICLE 9 WAGES PAGE 2 EMPLOYEE I.D. # ANNUAL SALARY 21938 32,710.61 1734 25,629.55 2726 29,669.48 21445 32,710.61 746 25,629.55 2062 29,669.48 5126 25,629.55 1808 22,910.37 32033 22,910.37 30406 32,710,61 23630 38,557.65 24539 38,557.65 1616 26,911.09 318 26,911.09 25832 32,710.61 26560 34,019.02 26793 32,710.61 106 32,710.61 26882 32,710.61 86 29,669.48 747 25,629.55 517 32,710.61 1675 25,629.55 5180 25,629.55 '- FF-336 9.2 Any em to ee who will co m fete his/her Drobation durin the term of this contract will be com ensate at an annual salar Of 25 629.55. upon completion of said probation. 9.3 An employe e who will com fete five years of service durin the term of this contract will be compensated at the to salary fora Police officer, whiich is t32 710.61 u on co letion of said five years of service 9.4 Employees in the detective traffic canine Juvenile, and tactical divisions and field training officers shall be entitled to a 2% ass* nment Vay. This 2ay hall be added to the sale line of the employee during an suc assignments. Assignments, re -assignments, or removal to or from divisions are a management right which may be made at,any time without cause. In addition, field training officers shall receive 500.00 per year as reviousl al 20 • E L� M R- 33b • ARTICLE 10 LONGEVITY PAY 10.1 Lon evit shall be Paid on the following basis: 5 throu h 9 years.- 2 1/2% of annual salary 10 throu h 14 years - 5% of annual salar 15 ears and over -- 7 1/2% of annual salary Longevity-_2ayment set forth above shall be aid as follows: A. For the period October -December 1988 - in the first pay period of Dece er 1988 B. For _the period Januar -September 1989 - in the firstpay eriod of December 1989 10.3 Lon evity pA.Ment made in the first pay period of December 1988 shall be based as follows: A. For the period October 1987 - September 1988 at the rate set forth in Article 10 of the recedin contract, acopy of which is attached hereto as an Exhibit. B. For the eriod October 1988 - December 1988 at the rate set forth in Paragraph 10.1 of this Agreement. 10.4 Annual salary as used herein shall mean the employee's base Oary, excluding any benefit payment or extra compensation received. 21 CJ 10.5 Except in the event such a permanent full-time employee is or has been suspended or laid off or is on an authorized leave of absence after having qualified for longevity pay, such employee shall receive a pro -rasa cash payment based -on a computation of those months which the employee was actually present for duty during the year for which payment is to be made. 22 N- 9g-33b ARTICLE 11 WORK WEEK AND OVERTIME 11.1 Eight (8) hours shall constitute a normal work day for employees covered by this Contract. Nothing herein shall guarantee any employee payment for an eight (8) hour work day unless the employee actually works eight (8) hours, or his actual hours worked and his authorized compensated leave totals eight (8) hours. 11.2 Hours worked in excess of the normal work week shall be compensated in accordance with the Fair Labor Standards Act (FLSA). 11.3 It is the intention of the parties to this Contract that overtime will not be paid unless the employee has worked or his compensated leave totals forty (40) hours during the work week in which the overtime was Oned. 11.4 An em to ee can accrue a maximum of 80 hours of earned_compensa- tory time which will not be paid in cash unless the em to ee chooses to take cash. No em to ee may carry over more than 40 hours of earned compensator time from one fiscal year to the next. 11.5 If an employee covered by this Contract is called out to work at a time outside his normal working hours, he shall receive a minimum of three (3) hours pay at the basic rate of pay. Any hours worked in excess of forty (40) hours will be paid as overtime. 11.6 Call -out rates shall apply to each successive incident whereupon an employee is called to duty outside his normal working hours. A successive incident for the purposes of this paragraph is defined as a call -out incident beyond the three (3) hour limit on the first incident. 0 23 I ?- - 5, SAm 6 1 ARTICLE 11 WORK WEEK AND OVERTIME PAGE 2 11.7 The provisions of paragraph 5 of this Article shall also apply to the following required off -duty appearances: (a) Required off -duty appearances as a subpoenaed witness in the Federal Court, Circuit Court, 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 an employee for an off --duty appearance and said employee is entitled to call out pay, said fee or its equivalent shall be presented to and become the property of the City. 11.8 No supervisory official shall take action to cause non-payment of straight time or time and one-half in circumstances wherein an employee covered by this Contract has performed work which entitled him to payment of straight time or time and one-half. 11.9 Employees working out -of -title as acting supervisors will be paid supervisors pay -scale on an hour to hour basis. 11.10 Employees who are subpoenaed by the State's Attorney's Office to testify in pending criminal cases at a time which is outside the employee's normal working hours will receive two hours of pay at the employee's regular rate of pay if not called to testify during that day. The subpoena must be presented to the Chief or his designee in order to receive payment. 24 11 I • ARTICLE 12 OFF -DUTY DETAIL R_ 94 5- - 336 12.1 Any bargaining unit employee who works an off -duty detail after Januar 1 1989 will be paid at the rate of sixteen dollars ($16.00) per hour during the term of this Contract. 12.2 A probationary employee will be eligible to participate in off -duty details after they have completed their field training program. 12.3 Any off -duty detail shall be a minimum.of three (3) hours and the employee member will be paid no less than for a three (3) hour tail. 12.4 The City will collect from the detail employer a sum suffic- ient to pay the em to ee as set forth in 12.1 and an additional sum to compensate the City for its administrative costs. 12.5 The City will disperse to the employee on his regular pay day, a net sum of money, which will reflect the detail work during that pay period. The net amount will be amount after all deductions for Federal Withholding taxes and Federal Social Security taxes. 12.6 Any employee working an off -duty detail will be considered to be working a tour of duty for the purposes of the Line--of-Duty Injury Article and the Civil Suit Article. 12.7 Working the off -duty details will be voluntary and at the sole discretion of the employee, 12.8 Off -duty details will be administered by the City in a fair and equitable manner. 25 ARTICLE 13 UNIFORM ALLOWANCE 13.1 Each employee of the FOP shall after being with the City for one (1) year, shall receive a maximum of $350.00 annually for UNIFORM ALLOWANCE. In addition, each member of the FOP working in plainclothes assignments, shall receive an additional $200.00 per year. UNIFORM ALLOWANCE will be paid on a quarterly basis. 13.2 All new employees shall receive from the City at no cost to the employee, a new uniform upon his appointment. The uniform shall consist 0: Five (5) shirts; Five (5) pairs of trousers; One (1) hat and cap One (1) winter jacket; One (1) reflectorized raincoat and vest One (1) pair of reflectorized gloves; One (1) hat badge; One (1) shirt badge; One (1) whistle; One (1) name tag; One (1) tie; Leather goods and accessories to include hand -cuffs and case, cartridge case, holster and cartridges for his weapon Bulletproof vest, battery -charged ma li ht, baton and air of Pull -over rainboots. 13.3 Employees who are assigned to units which require special equipment or uniforms shall be issued such equipment or uniforms by the City upon his transfer. 26 ARTICLE 13 UNIFORM ALLOWANCE PAGE 2 0 13.4 Any employee who shall receive any breakage or damage to his uniform or personal equipment in the line of duty, during an off-dut detail, an off -duty arrest, or an off-dut olive action , shall have it replaced at no cost to the employee. 13.5 In the event of a mandated change in weapons -or any other equip- ment, the Cit shall issue that new a ui ment in addition to the uniform allowance provided in this Article. 0 27 1] ARTICLE 14 SENIORITY 14.1 -- .,- .. enY_or�_ Definition: Seniority, as used herein isdefined_ as the right -accruing to the em to ees based on length of service which entitles them to certain considerations and preferences as 2rovided for in this Agreement. 14.2 De artmental Seniority: Each employee will have seniority standing _equal to the employee's total, continuous,_ full., -time service ;'th theCit of Tamarac Police Department dating back to the em to ee's most recent date of permanent -employment as a police officer. 14.3 Lay-offs of permanent employees shall be based on inverse departmental seniority, with the last hired being the first laid off. Reinstatement of laid -off employees shall be done before new employees are hired, with the last laid off to be the first rehired An employee being recalled shall be notified by certified mail (return receipt) and shall have twenty --one (21) calendar days from the date of first notification by the Post Office to respond affirmatively . If the City fails to receive an affirmative response, the employee shall be removed from the recall list and the City shall have no further obligation to the employee. The__City_shall_also post notice to the employee in the P-call room 0 ARTICLE 15 BENEFIT OPTIONS 15.1 On October 1, 1988, all full-time, permanent employees in the F.O.P. will be entitled to one -thousand ($1,000) dollars benefit option payable in 12 monthly installments. 15.2 Full-time employees who are on probation as of October 1st and who complete their probationary period prior to April 1st shall be entitled to a pro -rats benefit payable in six (6) monthly install- ments effective April 1st. Full-time employees who are on probation as of April 1st and who have completed their probationary period prior October 1st shall be entitled to one -thousand ($1,000) dollars in benefit options credited in twelve (12) monthly installments effective October 1st. 15.3 Benefit option dollars not utilized during the contract year will be paid to the employee in the last pay period of the fiscal year to a maximum of five (5%) percent. 0 29 T�- SS-33,16 ARTICLE 15 BENEFIT OPTIONS PAGE 2 15.4 Benefit options may be selected on an annual basis from the following list: DEPENDENT HEALTH INSURANCE DENTAL (INDIVIDUAL OR DEPENDENT) DEFERRED COMPENSATION (Aetna, Equitable, I.C.M.A.) DAY-CARE NURSERY LONG-TERM DISABILITY EDUCATIONAL ALLOWANCE TERM LIFE INSURANCE WELLNESS PROGRAM BLOOD SHIELD 15.5 If an employee terminates, is terminated, or balance of fiscal year benefit options are forfeited. 30 retires, the • 0 TR- S'9- 33, b ARTICLE 16 HOLIDAYS 16.1 The City recognizes the following as paid holidays for employees; New Year's Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day If Christmas 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 .served. If the holiday falls on a Sunday, the following Monday shall be observed. ELIGIBILITY To be eligible for a 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 including leave without pay. An employee who is absent from work the day before or after a holiday without prior approval due to an illness, must submit a physician's statement or a statement of authorization from the department head to be compensated for said holiday. If a holiday occurs during an employee's vacation, there shall be no charge from annual leave for said holiday. 31 ARTICLE 16 HOLIDAYS PAGE 2 C� J 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 eight (8) hours under holiday leave for future use. If this option is used, a maximum of forty (40) hours may be accumulated. 16.2 If the City of Tamarac elects to give an additional holiday to any other bargaining groups or non -union employees, the F.O.P. will also receive said holiday as provided in Section 16.1. 9 CJ 32 R- SS336 ARTICLE 17 17.1 Employees covered by this Contract shall accrue paid vacation time as follows: SERVICE VACATION 0 through 5 Years 12 paid days per year (96 hours) After completion of 5 Yrs thru 10 yrs 15 paid days per year (120 hours) After completion of 10 Yrs thru 15 yrs 18 paid days per year (144 hours) After completion of 15 Years 21 paid days per year (168 hours) For example, an employee with seven (7) years of continuous service shall 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 years six (6) and seven (7). nation leave may be accumulated but not to exceed thirty (30) days at any time during an employee's tenure of employment. It shall be the unit members responsibility to take his vacation leave and accrual shall be frozen when a unit member's accrual reaches thirty (30) days. However, this may be extended by no more than one (1) month should the Chief be unable to approve said vacation leave due to scheduling conflicts. An employee who is separated from the service (resignation, death, retirement or discharge) shall be compensated for all accrued and unused vacation time at his regular (straight time) rate of pay at the time of separation, provided he has been employed for at least six (6) months at the time of separation and after review and recommendation by his supervisor has been approved for benefits by the Manager. 0 33 7?19Y-33� 1 ARTICLE 18 • SICK LEAVE 18.1 Sick leave time will be earned at the rate of eight (8) hours for each month of service. There will be a cap of 60 days or 480 hours on all SICK LEAVE. 18.2 SICK LEAVE shall be granted for the following reasons: A. Personal illness or physical incapacity to such an extent as to be rendered thereby unable to perform the duties of his 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. 18.3 An employee who is absent from work due to an illness or dis- ability in excess of two (2) days may be required by the department head to submit a physicians statement of physical condition. In any event, any employee who is absent from work due to an illness or disability for five (5) consecutive days, or longer, must submit a physicians statement of physical condition. 0 34 R-9Wr336 ARTICLE 18 SICK LEAVE PAGE 2 • 18.4 An incentive will be given to any employee who accumulated over their cap of 480 hours. i.e. if an employee presently has 480 hours and doesn't utilize any sick time in fiscal year 1988/1989, that employee will receive six (6) days pay which is one-half (1/2) of twelve (12) sick days accumulated per year during his first pay check in December. If an employee uses six (6) days over his 480 hours and still has six (6) days coming, the City would owe the employee three (3) days or any portion accrued over 480 hours. 18.5 At time of separation, ONLY those employees who have accumulated SICK LEAVE time over 288 hours to a maximum of 480 hours will receive compensation between 288 hours and 480 hours. Payment of hours between 288 480 shall be paid at the previous third years' hourly rate of pay. There will be No payment of SICK LEAVE for hours under 288. 18.6 For purposes of the buy-back provision and incentive pay, all payments shall be made at the previous third years' hourly rate of pay. 35 ARTICLE 19 PERSONAL LEAVE 19.1 Personal leave shall be granted to full-time employees, at the rate of three (3) working days (24 hours) per year provided the employee has been approved for benefits by the Manager. 19.2 When an employee becomes eligible for all City benefits, he shall be granted three (3) personal days (24 hours) 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 (24 hours) not used and be granted three (3) new days (24 hours) for the coming year. 19.3 Personal leave is not accumulated from year-to-year and is �rfeited at termination. 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 five„15) days in advance of the actual day. Approval of this request is at the discretion of the department head and shall have final approval of the Manager. 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. I 36 ARTICLE 20 PREGNANCY LEAVE 20.1 Pregnancy, childbirth, and other related medical conditions will be treated the same as employees with other medical conditions. 20.2 An employee should report pregnancy as soon as it is known so can be taken to protect her health or improve working conditions. The date on which sick leave for disability is to begin shall be at the request of the employee based on the determination and advice of the doctor. In no event shall such date be prescribed unilaterally by a superior except on the basis of professional medical opinion that the employee is physically incapable of performing normal duties or that 0ntinuing to perform normal duties would be hazardous to the employee's health. 20.3 If an employee cannot perform their normal duties and is still capable of performing a (light duty) position, the City will agree to place the employee in that position provided there is a vacancy within the department. No (light duty) positions will be added unless it is recommended by the Police Chief and approved by the City Manager. 20.4 If there is no (light duty) vacated position available or the employee desires to be laid off, employee would have the option to file for unemployment, however, the determination of their eligibility is in the full discretion of the Florida Unemployment Compensation Department. 37 ARTICLE 20 PREGNANCY LEAVE PAGE 2 0 20.5 It is expected if a person takes a lay-off or a leave of absence prescribed by her physician, she return to full duty no later than four (4) months after birth of baby. Her return must be accompanied by a doctor's release stipulating her ability to return to full-time employment. 20.6 If any of the above are contrary to the court decisions, either Federal, State or Supreme pertaining to Pregnancy Leave, the court will prevail. 0 0:3 27- M33(,, . ARTICLE 21 TIME POOL BANK 21.1 A_Permanent Time Pool Bank (TPB) will be established and effective on October 1, 1988. Any unused accumulated hours as of September 301988 from the 2revious time bank shall be transferred to the time bank established under this Article. 21.2 The TPB will permit all full-time sworn and certified Police Officers who have permanent employee status, the opportunity to voluntarily participate in the TPB, by donating accrued sick leave time to an eligible employee, whenever extraordinary circum- stances require the eligible employee to be absent from work due to • personal incapacity for a lengthy period of time. The employee must have used all his/her accrued sick, vacation, holiday, compen- satory and personal leave to be eligible for this benefit. L� 21.3 The TPB will consist of accrued sick leave time donated by participating Police Officers. Only participating employees will be allowed to utilize the TPB. At the commencement of the benefit, all Police Officers will be able to enroll in the TPB. Enrollment will be re -opened every fiscal year thereafter. Probationary Police Officers who have completed their probationary period and have gained Permanent Employee Status will be granted fourteen (14) days to join the TPB. 39 R� SB-33(, ARTICLE 21 TIME POOL BANK PAGE 2 • 21.4 Extraordinary circumstances shall be defined as, but not limited to, lengthy hospitalization, critical illness, injury, pregnancy or miscarriage. 21.5 A three (3) member committee will be established, who will will be elected once per year, will review written requests for the donation of sick leave time from the TPB. The Committee will consist of one (1) representative from Road Patrol Division, 2) Investigative Division, 3) a supervisor (either lieutenant or sergeant). A written request will include the Police Officer's name, reason for the TPB request, and approximate duration of absence, if known. A medical diagnosis and prognosis by a physician . will be required for application to the TPB. Donated time from the TPB, once approved by the Committee, will be credited to the absent employee in the order in which the w-titten request forms are received. The Committee will follow-up every thirty (30) working days and review the medical diagnosis and prognosis for the continued approval of the Police Officer utilizing the TPB. If an employee is not actually at work because of injury or sickness, on his/her first day of eligibility coverage will not be effective until such time as the employee returns to active full employment UNLESS PERSONALLY INCAPACITATED. Any employee who has been qualified and has used this benefit and has returned to full and/or light duty status is eligible to re -apply again under the established criteria until the employee is able to return to work on full -duty status. 40 ARTICLE 21 TIME POOL BANK PAGE 3 21.6 All participating -Police Officers will donate eight (8) hours of accrued sick leave time to be deducted on -the first pay period in January 1989 to be placed in the TPB. The deduction of accrued sick leave time will again be instituted in the first pay period ending Julr,r1989 . Donated accrued sick leave time stays in the TPB and is not refundable. 21.7 The TPB will be monitored by the Finance Department, a volunteer designated by the FOP, and a member of the TPB Committee. 21.8 This is a voluntary, union -administered proilram. An . deduction needed to be taken will be throw h the employee's payroll check. 41 • R 8P336 1 ARTICLE 22 LINE OF DUTY INJURIES 22.1 Any employee who is disabled during the course of his tour of duty with the City of Tamarac Police Department, and would be compensated under the workers' Compensation Statutes, shall be paid full salary for the first five (5) working days of the dis- ability. 22.2 The City shall supplement the employee's workers' Comp- ensation, Social Security Disability or any benefits to which he may be entitled so the employee shall receive eighty five (85%) • percent of his gross bi-weekly base pay until such time as the employee returns to work, reaches maximum medical improvement as determined by the workers' Compensation Insurance Carrier, termin- ates, is terminated, or retires. �J 22.3 No employee seeking benefits for Workers' 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 bi-weekly net base pay from the City. Any employee receiving compensation from the City under this Article shall be required to turn over to the City any compensation received from any other source except for privately purchased insurance coverage paid solely by the individual unit member. Any employee receiving 42 9-99-ji-6. ARTICLE 22 LINE OF DUTY INJURIES PAGE 2 benefits from Workers' Compensation is not eligible to receive holiday pay, court time or overtime unless the hours worked fall within the guidelines of the Fair Labor Standards Act (FLSA). 22.4 The City will utilize its best efforts to return an injured employee to a duty status within the job descri tion of his classification consistent with his physical limitations. Nothing shall obli ate the City to create an assignment where none exists. The City will not act out of favoritism or for punishment in administratin this section . 11 43 P-gS-,336 ARTICLE 23 SUBSTANCE ABUSE 23.1 The intent of this Article is to help and assist an employee who is under the influence of substance abuse. The intent is to cure as long as the employee is willing. 23.2 If there is "reasonable suspicion" confirmed by at least two (2) supervisors to believe a current employee is under the influence of substance abuse while on duty, a drug test can be recommended by the department head for the employee in question. • 23.3 If an employee is found to have a substance abuse problem, employee shall not be terminated or suspended and will immediately be put into an Employee Assistance Program. As long as the employee complies with the Employee Assistance Program, no disciplinary action will be taken. 23.4 It shall be advertised to employee(s) the substance abuse testing policy will be implemented and standards shall be published to supervisor on how to detect employees) who may be under the influence of drugs or alcohol and these standards shall be provided to employee(s) for their review. L� 44 ARTICLE 23 SUBSTANCE ABUSE PAGE 2 0 23.5 A reputable and reliable medical doctor/laboratory shall be used to administer the substance abuse test and to establish a chain of custody and verify results of any test given. 23.6 Employee using medication or drugs lawfully prescribed shall notify the City in advance of the use of same and it shall not constitute grounds of reasonable suspicion of any substance abuse test. 0 Cl•7 • ARTICLE 24 PROBATIONARY EMPLOYEE R-Ft?-336 24.1 The parties agree the probationary period shall be one (1) year from time of certification as Police Officers for those individuals who are not certified Police Officers when hired, and one (1) year from the date of hire for those individuals who were certified Police Officers when hired by the City. Upon the conclusion of the probationary period, if the Chief and Manager or designee recommend continuance of employment, the employee shall be given permanent status sand-aha�}--be-entitled-te--Q-er►e 44}-5tep-merit-inerease: 24.2 At any time during the probationary period, the Chief or Manager itdesignee may, for any cause other than the causes as provided for in Article 3 -NON-DISCRIMINATION, terminate the employee. Any termination prior to expiration of the probationary period shall be final with no right of appeal of any type under any of the terms of this Contract. 24.3 The supervisor shall review the employee six (6) months from date of hire or upon completion of the Police Academy (whichever is the latter) and shall make his recommendation to the Manager or designee for consideration of entitlement to benefits. 24.4 The probationary period and terms of employment for employees h rooted to a higher position shall be as follows: 46 'S- .33 & - ARTICLE 24 PROBATIONARY EMPLOYEE PAGE 2 9 The supervisor shall review the employee six (6) months from date of promotion and shall make his recommendation to the Manager or designee for consideration of a merit increase. If a merit increase is granted after six (6) months, this shall become the employee's anniversary date and he shall be reviewed annually on this date. 24.5 The probationary period following a promotion does not affect the employee's entitlement to City benefits granted after satisfactorily completing the initial probationary period. 24.6 There shall be no extension of the probationary period. 24.7 The City will provide police academy training approved by the Florida State Police Standards and Training Commission as well as salary, benefits and contributions as specified in statutes, ordinances, and the collective bargaining agreement. All employees who receive said training and voluntarily terminate employment prior to completion of two (2) years of service as a certified Police Officer, will pay the City of Tamarac ten ($10.00) dollars for each working day of the unexpired term. r'1 47 0 ARTICLE 25 BEREAVEMENT LEAVE ?�_ SF-3361 25.1 Time -off provisions for Bereavement Leave: Where there is a death in the immediate family of an employee, employee shall be granted up to three (3) days off (24 hours) without loss of pay or benefits for each death of the below described family members. All requests for additional leave from accrued leave time will be granted whenever possible. 25.2 Immediate family members are described as: spouse, child, mother, father, sister, brother, grandmother, grandfather, grandchild, step parent, mother-in-law, father-in-law, or son or daughter --in-law and upon Onof, any person in the general family whose ties would normally be considered immediate family and living within the same household. 25.3 Bereavement leave shall not be charged against annual leave, holiday leave, or compensatory time. 25.4 The City reserves the right to require documentation supporting approval of Bereavement Leave after the employee returns to work. 25.5 Applications may be made to the Manager or designee through the Chief for extension of Bereavement Leave due to extenuating circumstances. The compensation for this additional leave will be paid 'from any accrued annual leave available (including holiday leave, compensatory time). M 1] ARTICLE 26 PROMOTIONAL EXAMS )?-- FY-3 36 26.1 All Police Officers shall be entitled to compete in the Promotional exam for the position of Police Sergeant, providing they have satisfied the minimum qualifications as established by the Chief of Police. 26.2 Promotional exams shall be announced at least sixty (60) days prior to the actual test date. Employees who are eligible to take the exam shall notify the Personnel Department at least fourteen (14) days prior to the test date of their desire to be a participant. 0 26.3 The exam will consist of a written part and an oral part. The Chief of Police shall determine what weight to be given each part. 26.4 A promotion list will be established with the names of those persons who have attained a passable grade in the order of their final grade. The names of two or more eligibles having the same final grade shall be placed on the list by arranging the names in order of seniority. In the event that grades and seniority are identical, names shall be listed alphabetically. • 49 ARTICLE 26 PROMOTIONAL EXAMS PAGE 2 • 26.5 The person chosen for promotion shall be from within the first three names on the promotion list. 26.6 All promotion eligibility lists for the position of sergeant shall be established for the term of two (2) years from the date of the examination which established such eligibility. 11 0 50 :7 ARTICLE 27 EDUCATION P-8tir-336 27.1 The City shall pay for approved job related courses if funds are available, in the sole opinion of the Chief and Manager or designee, and if the course does not interfere with the employee's performing his duties including attendance at work and scheduling of working hours. 27.2 The City shall pay for the total cost of the courses at State Universities, and one --half the cost of the courses at private institu- tions including registration fees, charge for semester hours, and text- books if the course and authorization to take it were given by the Chief Wd Manager or designee in writing prior to registration. The City shall not pay for late registration charges, miscellaneous supplies, traveling expenses, or cost of transcripts. 27.3 If an employee does not pass a course or withdraws from a course, he shall reimburse the City for all expenses related to that course. These monies may be deducted from the 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. An employee may buy his own textbooks so that he would have it for a reference. • 51 . ARTICLE 27 EDUCATION PAGE 2 33 6 • 27.4 If an employee voluntarily terminates prior to one (1) year upon completion of the course(s), the City shall be reimbursed for all expenses. The City shall deduct this amount from the employee's final pay check. The employee shall sign an affidavit stating that he approves of the terms set forth in this section before any monies are expended by the City. 27.5 The City agrees to pay the applicable salary incentive monies, in accordance with the Florida State Statutes Chapter 943.22, at the time the first regular pay check of the month is issued, but in no case shall it be issued later than the tenth day of each month. 27.6 A probationary employee will be eligible to participate in off duty details after they have completed their field training program. 0 52 R--SY--3361 ARTICLE 28 F.O.P. REPRESENTATION 28.1 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 any 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 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. 28.2 The bargaining committee of both the FOP and the City shall consist of not more than three (3) representatives. The FOP. shall furnish the Manager or designee with a written list of the FOP's bargaining committee prior to the first bargaining meeting and substitution changes thereto, if necessary. The City shall furnish the FOP President with a written list of the City's bargaining committee prior to the first bargaining meeting and substitute changes thereto, if necessary. 28.3 FOP representation at the negotiation sessions will not be considered as FOP business as defined in Article 30 and therefore, the time will not be deducted from the 165 hour fiscal year allotment . for FOP business. 53 R-- g- 3 ARTICLE 29 F.O.P. SECURITY 29.1 The City shall make available to the FOP President five (5) copies of the Contract. 29.2 The city shall make available to the FOP a current copy of the City of Tamarac Personnel Manual and any updated additions and deletions. 54 LI CJ 0 L fT-9_6 336 ARTICLE 30 F.O.P. BUSINESS 30.1 Elected FOP officials, or their designees, up to a maximum of four (4) in any one instance shall be granted time off to attend State or Local FOP meetings. 30.2 Employees who are elected FOP officials of the Fraternal Order of Police shall be granted time off by department management to attend FOP meetings, provided: (a) A written request is submitted to the chief or his designee at least forty-eight (48) hours prior to the time -off period. (b) Sufficient manpower is available in the regular shaft to • properly man the Department during the absence of the FOP official of his designee. 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. C� 30.3 Time off, as provided in this Article, for FOP officials or their designees, shall not exceed a total of one hundred and sixty --five (165) hours for all officials in any fiscal year. The Department retains the right to restrict any time off for FOP business when an extreme emergency condition exists and such time off from regular assignments would, in the sole opinion of the Chief or designee, create a danger to public safety. 55 L� l - gr -- 3 ARTICLE 31 LEAVES OF ABSENCE 31.1 Leaves of absence without pay for a period to be determined on a case by -case basis will be granted to an employee with permanent status for any reasonable purpose by the Chief or designee after written approval by the Manager or designee. Such leaves may be renewed or extended for any reasonable purpose by the Chief or designee after written approval by the Manager or designee not to exceed one hundred eighty (180) calendar days. 31.2 An employee shall, upon request, be granted a leave of absence without pay by the Chief or designee after written approval by the Manager or 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 discretion of the Chief or designee after written approval by the Manager or designee may be renewed at the request of the employee for a period not to exceed one (1) additional year. 31.3 Leaves of absence, with or without pay, may also be granted to employees by the Chief or designee after written approval by the Manager or designee, at their discretion, if it is determined 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 up -grade individual skill or professional • ability. 56 1; � - 8Y-336 ARTICLE 31 LEAVES OF ABSENCE PAGE 2 J 31.4 Extended leaves of absence without pay must be granted by the Manager or designee at the Manager's sole discretion for a long term illness or disability for a period up to six (6) months. The leave may be extended or renewed at the sole discretion of the Manager or designee for one (1) additional six (6) month period upon request and receipt of a certified physician's statement. 31.5 Any employee who is a member of the National Guard or Military Reserve Forces of the United States and who is ordered by the appropriate authorities to attend a prescribed training program or to perform other duties, shall be 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 work schedule, less any service pay received or may retain his military pay and use accrued annual leave in lieu of military leave. Any permanent employee 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. 31.6 Any employee who is on duly authorized paid leave of absence will continue to maintain benefits as if he were on regular status. E 57 60 ARTICLE 31 LEAVES OF ABSENCE r . PAGE 3 31.7 All job -related benefits shall cease for any employee who is on authorized unpaid leave of absence in excess of thirty (30) days. An employee on authorized unpaid leave of absence may elect to continue applicable health insurance coverage after the thirty (30) day period by personally making all payments for this coverage during the period he is on leave without pay, including the City's entire contribution. When an employee who has been on authorized unpaid leave of absence returns to work, he will be credited only with the number of earned annual leave hours he had not used prior to leave and those accrued during the first thirty (30) days of leave. All accrued time must be used prior to leave without pay. 31..8 Leaves of absence incurred as a result of maternity and maternity -related illness shall be treated the same as any other illness. 58 C� C� 0 ARTICLE 32 SAFETY AND HEALTH 32.1 The City agrees that all patrol units will be taken out of service for Police Officers when the odometer reaches 100,000 miles. 32.2 The City agrees to continue to use tires of a quality currently employed or better for the term of this Contract. 32.3 The City agrees to make all efforts to improve radio communi- cations so long as the same are within the control of the City. • 32.4 A Preventive Maintenance check will be made on all Police vehicles one (1) time per week. The program will include but not be limited to: Tires Belts Hoses Oil Fluid levels Radiator checks 32.5 The service mechanic will also verify a service sticker to appear on the vehicle. 32.6 Every 3,500 miles, the following maintenance work will be performed: 0 59 ARTICLE 32 SAFETY AND HEALTH PAGE 2 E Oil change Spark plugs Electrical -systems check Front-end check Ball joints Bearings Brakes Rear -end Universal Transmission Suspension system Before any vehicle is taken out for check: Emergency equipment Tires Lights Wipers Brakes Horn patrol, the driver should 32.7 The City agrees to install and maintain in all police vehicles carbon monoxide detectors. • 60 1VO • ARTICLE 33 TERMINATION OF BENEFITS 33.1 Vacation time, holiday time and compensatory time that is in an accrual status, shall be compensated by check upon termina- tion provided at least two (2) weeks written notice of termination has been provided to the City or on the next payday at the option of the employee. If an employee's last working day is on a Satur- day or Sunday, the employee shall receive his check on Monday. if two (2) weeks written notice has not been provided to the City, the final payment shall be processed with the next scheduled payroll. • 33.2 The City shall be entitled to withhold all or a portion of the final check pending the employee's return of all City property in his custody, including, without limitation, communica- tions equipment, health insurance cards and City identification cards. 61 • 13-8F-T3461 ARTICLE 34 PROHIBITION OF STRIKES 34.1 The F.O.P. and its members agree not to engage in a strike, as defined in the Florida Statutes as presently in force or hereinafter amended, and in the Constitution of the State of Florida, work stoppages, boycotts, slowdowns, refusal of assign- ments, or other actions which interference with the operation of the Police Department and the City. 34.2 There shall 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 employees covered under this Contract. 34.3 Recognizing that Florida law prohibits the activities enumerated in Paragraph 1 above, the parties agree that any member who participates in or promotes a strike, work stoppage, slowdown, boycott, failure or refusal to perform 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. 34.4 It is recognized by the parties that activities enumerated in Paragraphs 2 and 3 above are contrary to the ideals of profes- sionalism and to the Police Department's community responsibility and that any violation of this Article would give rise to irrepar- able damage to the City and to the public at large. Accordingly, it is understood and agreed that in the event of any violation of 11K ARTICLE 34 PROHIBITION OF STRIKES PAGE 2 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. 34.5 For the purpose of this Article, it is agreed that the FOP shall also be responsible and liable for any act committed by its officers and agents, which act constitutes a violation of the provisions herein. 63 E 0 1 J • E �336 ARTICLE 35 PERMANENT SHIFTS 35.1 For the term of this Contract, the City shall provide to employees of this Bargaining Unit the opportunity to bid for assignment to permanent shifts. 35.2 The _Chief shall decide the number of persons „assigned to each shift and each division within the de artment. Thereafter em to ees may bid on the basis of seniority for shifts. 64 R-6q&336 0 ARTICLE 36 MANPOWER UTILIZATION 36.1 The number of units shall be no less than five (5) patrol units on duty made up of one (1) supervisor and five (5) patrol units. 36.2 The number of units which shall be no less than five (5) patrol units on duty shall be made up of ,sworn and certified Police Officers and will exclude traffic division officers whenever . possible. 0 65 R-J?Y-336 E ARTICLE 37 BULLETIN BOARDS 37.1 The City shall provide one (1) bulletin board for the exclusive use of the FOP solely for posting of official bulletins. 37.2 The authorized bulletin board for FOP use may be used only for posting official notices which shall be signed by an officer of the FOP. CJ r1 m I i R- �'� 336 ARTICLE 38 CIVIL SUITS 38.1 The parties shall be governed in the defense'of civil suits by the provisions of Florida Statutes, Section 111.07 and Section 768.28 67 E 0 C� /;?r Sg 336 I ARTICLE 39 MEDICAL COVERAGE PROGRAM 1. The City shall provide group health insurance coverage after 90 calendar days of employment for a permanent full-time employee. 2. From November 1, 1988 through September 30, 1989, the following carriers, Cigna (HMO), HIP (HMO) and Florida League of Cities (free choice of physician) will be the only options an employee may choose if they desire to be covered by a group health insurance plan. If an individual is eligible for Medicare he/she may choose to select Medicare as his/her primary provider in lieu of one of the City's group health insurance plans. 3. If an employee desires to waive his/her group health insurance coverage and seek insurance as a private individual, the City will contribute the single coverage rate of $41.55 bi- weekly toward the individual's private insurance. If.an employee desires to waive his/her family coverage the City will pay $67.15. In order for an employee to be compensated in this fashion, he/she must submit to the Personnel Department an invoice from the health insurance carrier.,they have chosen. Unless there is an actual expenditure of money by the employee for medical insurance, there will be no reimbursement by the City. 4. The health insurance rates from November 1, 2988 through September 30, 1989 are listed below showing the City and the employees bi-weekly contribution. I ?- gff-3- ARTICLE 39 . MEDICAL COVERAGE PROGRAM PAGE 2 PAID BY CITY PAID BY,EMPLOYEE BI-WEEKLY BI-WEEKLY CIGNA (HMO) Single Coverage $41.55 $ -()- Family Coverage $67.15 $ 42.96 H.I.P. (HMO) Single Coverage $41.55 $ 5.26 Family Coverage $67.15 $ 59.26 FLORIDA LEAGUE OF CITIES Single Coverage $41.55 $ 22.04 Family Coverage $67.15 $118.32 The Bargaining Unit will be notified when the City is solici- . • ting proposals for group health insurance coverage so it may submit a list of insurance representatives and/or companies to be included on the City's bidders list. If the Bargaining Unit has health insurance proposals for consideration, they may submit them to the City for review at any time during the term of this contract, for insurance coverage for the next fiscal year. The City shall make available optional Health and Life Insurance coverage for retiring employees. The City shall provide Long -Term Disability for the employees of the Bargaining Unit. There shall be no chin a in the terms of the disability coverage during the term of this contract. Cl • 0 R-199-33A ARTICLE 40 SAVINGS CLAUSE 40.1 Should any provisions of this collective bargaining agreement, or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. 40.2 Any right, privilege, benefit, or function of the City and the Union members not specifically released or modified by this Agreement shall remain in full force and effect. Should the City or the Union fail to exercise their rights from time to time, this shall not be construed or deemed a waiver of the City's or the Union's prerogative to exercise any or all rights or functions listed in this Agreement. 70 R-OF-3361 ARTICLE 40 SAVINGS CLAUSE 40.1 Should any provisions of this collective bargaining agreement, or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. 40.2 Any right, privilege, benefit, or function of the City and the Union members not specifically released or modified by this Agreement shall remain in full force and effect. Should the City or the Union fail to exercise their rights from time to time, this shall not be construed or deemed a waiver of the City's or the Union's prerogative to exercise any Or all rights or functions listed in this Agreement. • 70 9 7?- ssr-336 ARTICLE 41 TOTAL AGREEMENT 41.1 The parties agree this Collective Bargaining Contract represents the total Contract for terms and conditions of employ -- meat, between the parties, for the life of the Contract. No changes shall be made without the agreement of both parties. 71 R- 99-3-36 r L ARTICLE 42 DURATION OF CONTRACT 42.1 This contract shall be effective this 1 day of October_, 1988, and shall remain in full force and effect until Se tember 30, 1989, unless modified or changed by, -mutual consent. On or before AApril_1 , 1989, any party desiring to negotiate this Contract, shall notify the other in writing of their intention. The following procedure 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 April 11988 . 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. 42.2 Any Federal, State or Local Legislation which has impact upon this Contract, shall be reviewed by both parties with advice of legal counsel so as to properly adjust to comply with the law when appropriate. 42.3 All Provisions of this contract -except where specifically indicated to the contrary shall be retroactive to October 1, 1988. 72 0 0 - 33 ARTICLE 42 DURATION OF CONTRACT PAGE 2 DATE APPROVED: / g g IN WITNESS WHEREOF the parties have set their signatures on the date set forth below their respective signatures. FRATEFgQAL,qRDER,.9F POLICE (FOP) BY: aoaArv- R-W71VV C n04e V, 73 BY eI44 Cu._ §-41 RMAN ABRAMOWITZ BY : ("pJOAN P. KELL TY MANAGER B CHI NEGO f?c f. ATTEST: CAROL A. EVANS CITY CLERK Approved as to Sufficiency BY : l O CITY ATTORNEY