HomeMy WebLinkAboutCity of Tamarac Resolution R-87-059Introduced by 12Temp. Reso. #4491
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-87- 1--5-7
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:.
• ,SEOXION 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, 1986, through September 30, 1988. This
Agreement is on file in the City Clerk's Department.
-SECTIQN 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 DAY OF ,
1987.
BERNARD HART, MAYOR
ATTEST:
CAROL E. BARBUTO, CITY CLERK
I HEREBY CERTIFY that I have approved
the form and correctness of the Reso-
lution.
IT
MAYOR; HART
DIST. l: C/W MASSARO
DISC`. 2: V/M STELZER _r
DIST. 3: C/M GOTTESMAN
11
CONTRACT
_BETWEEN
THE CITY OF TAMARAC
AND
THE FRATERNAL ORDER OF POLICE -FOP
OCTOBER 1, 1986 THROUGH SEPTEMBER 30, 1988
C�
T,
TABLE OF
CONTENTS
ARTICLE NUMBER
PAGE NUMBER
DESCRIPTION
i
PAY PLAN
ii
TABLE OF CONTENTS
1
1
PREAMBLE
2
1
RECOGNITION
3
1
NON-DISCRIMINATION
4
2 & 3
DEFINITIONS
5
4 & 5
MANAGEMENT RIGHTS
6
6 & 7
INTERNAL SECURITY IN-
VESTIGATION & OBLIGATION
TO THE PUBLIC
7
81 9 & 10
GRIEVANCE PROCEDURE
8
11
ARBITRATION
9
12
WAGES
10
13
LONGEVITY PAY '
11
14 & 15
WORK WEEK AND OVERTIME
12
16
OFF -DUTY DETAIL
13
17
UNIFORM ALLOWANCE
14
18
SENIORITY
15
19
BENEFIT OPTIONS
16
20
HOLIDAYS
17
21
VACATION
18
22
SICK LEAVE
19
23
PERSONAL LEAVE
20
24
PREGNANCY LEAVE
21
25 & 26
TIME POOL BANK
22
27
LINE OF DUTY INJURIES
23
28
SUBSTANCE ABUSE
24
29 & 30
PROBATIONARY EMPLOYEE
25
31
BEREAVEMENT LEAVE
26
32
PROMOTIONAL EXAMS
27
33
EDUCATION
28
34
F.O.P. REPRESENTATION
29
34
F.O.P. SECURITY
30
35
F.O.P. BUSINESS
31
36 & 37
LEAVES OF ABSENCE
32
38
SAFETY AND HEALTH
33
39
TERMINATION OF BENEFITS
34
40
PROHIBITION OF STRIKES
35
41
PERMANENT SHIFTS
36
41
MANPOWER UTILIZATION
37
41
BULLETIN BOARDS
38
41
CIVIL SUITS
39
42
SAVINGS CLAUSE
40
42
TOTAL AGREEMENT
41
43
DURATION OF CONTRACT
ARTICLE 1
PREAMBLE
1.1 This Contract is entered into by Tamarac, Florida, hereinafter referred
to as the "City" and the FOP Lodge 97, Fraternal Order of Police, hereinafter
referred to as the F.O.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.
ARTICLE 2
RECOGNITION
2.1 The City recognizes the FOP Tamarac Lodge 97 as the sole and exclu or
collective bargaining agent for all full-time sworn employees within the ranks
of Police Officer and Police Sergeant in accordance with Public Employees
Relations Commission Certification Number 358.
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 it .
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
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F
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DEFINITIONS
ARTICLE 4
PAGE 2
PEEMNENT POSITION:
Any Police Officer 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 OFF,iCER:
An Officer who has satisfied the requirements of the State of Florida
Criminal Justice Standards and has arrest powers
ZBOBATIOWY EMPLOYEE: (new hire):
An employee who is serving his probationary period prior to being
regularly appointed to a permanent status
PROBATIONMY P Y (promotion):
An employee who is serving his probationary period prior to attaining
permanent status in a higher classification
2 MATIONARY ERIQD: (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
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.
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MANAGEMENT RIGHTS
ARTICLE 5
PAGE 2
0
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.
0
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INTERNAL SECURITY INVESTIGATIONS AND OBLIGATION TO THE PUBLIC
ARTICLE 6
PAGE 2
YOU HAVE THE RIGHT to appoint a law enforcement officer to a complaint
• review board, the chief administrator of the agency appoints one and those two
members appoint a third to hear any complaint against you. If there are more
than 100 officers in your agency you pick two men, the chief or sheriff selects
two and those four men pick a fifth member.
YOU HAVE THE RIGHT to file a civil suit against any person, group of
persons or organizations or corporations for damages suffered during the
performance of your official duties -or the abridgement of your civil rights
arising out of the performance of your official duties.
YOU HAVE THE RIGHT to demand notice of any dismissal, demotion,
transfer, reassignment or other personnel action which may result in loss of pay
or benefits or might otherwise be considered a punitive measure prior to the
effective date of such action.
YOU HAVE THE RIGHT to exercise your rights under the new Act without
being discharged, disciplined, demoted or denied promotion, transfer or
• reassignment or otherwise discriminated against or threatened with any such
0
treatment.
All law enforcement agencies are required under law to establish and put
into operation a system for the receipt, investigation and determination of
complaints received by the agency from any person.
If the agency fails to obey the law, you can demand that the Attorney
General go into Circuit Court for an injunction to stop the violations and
compel performance of the provisions of the law."
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GRIEVANCE PROCEDURE
ARTICLE 7
PAGE 2
Step33. Any grievance which cannot be satisfactorily settled with the •
Division Commander shall next be taken up with the Chief, either through the
Representative of the FOP or by the employee himself at the employee's option.
The grievance, as specified in Step 2. shall be discussed by and between the
employee (or Representative of FOP) and the Chief within five (5) calendar days
after the completion of 61e2 2 The Chief shall, within ten ,(10) working days
after this discussion (or such longer period of time as has been mutually agreed
upon) render his dec ision in writing with a copy to the FOP.
Step 4. In the event an employee is not satisfied with the disposition of
the grievance in tteeR 3. 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
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) working days of the filing of the appeal (or some longer period of tiffias
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 shall be presented in
writing directly to the Chief within the time limits provided for submission of
a grievance in men 11. 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
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.
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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 shall have the option of alternately striking names thus
leaving the seventh Uth) 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 submitted 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 Association. Copies of the
Arbitrator's award made in accordance with 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.
8.8 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.
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ARTICLE 10
LONGEVITY PAY
10.1 All full-time employees who completed one (1) year at the top step of
their pay range shall receive a lump sum annual longevity payment on their
anniversary date in the first year of the contract in the amount of two (2%)
percent of annual base salary.
10.2 All employees receiving a longevity payment on their anniversary date
in the first year of the contract, will also receive a pro -rated longevity pay-
ment on their anniversary date to December 1st in the first pay period in
December, 1987.
10.3 In the second year of the contract, all longevity payments will only be
made in the first pay period in December, 1988.
10.4 All longevity payments will be made in the first pay period in
December.
10.5 Annual salary as used herein shall mean the employee's base salary,
excluding any benefit payment or extra compensation received. 0
10.6 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-rata 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.
C1
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WORK WEEK AND OVERTIME
ARTICLE 11
PAGE 2
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
superviors pay -scale on an hour to hour basis after serving in such capacity for
more than one (1) work week.
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
0 normal working hours will receive five ($5.00) dollars if not called to testify.
The subpoena must be presented to the Chief or his designee in order to receive
payment.
0
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ARTICLE 13
UNIFORM ALLOWANCE
13.1 Each employee of the FOP shall after being with the City for one (P
year, shall receive a maximum Of $350.00 annually for UNIFORM ALLOWANCE. In
addition, each member of the FOP working in plainsclothes 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 em-
ployee, 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 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, halter and cartridges for his weapon
13.3 Employees who are assigned to units which require special equipmen9or
uniforms shall be issued such equipment or uniforms by the City upon his
transfer.
13.4 Any employee who shall receive any breakage or damage to his uniform oz
personal equipment in the line of duty, shall have it replaced at no cost to the
employee.
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BENEFIT OPTIONS
15.1 On October 1, 1986, 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 On October 1, 1987, 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.
15.3 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 installments effective April 1st.
Full-time employees who are on probation as of April 1st and who have completed
their probationary period prior to October 1st shall be entitled to one -thousand
($1,000) dollars in benefit options credited in twelve (12) monthly installments
effective October 1st.
15.4 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.
15.5 Benefit options may be selected on an annual basis from the
following list:
DEPENDENT HEALTH INSURANCE
DENTAL (INDIVIDUAL OR DEPENDENT)
OPTICAL (INDIVIDUAL OR DEPENDENT)
DEFERRED COMPENSATION (Aetna, Equitable, I.C.M.A.)
DAY-CARE NURSERY
LONG-TERM DISABILITY
SHORT-TERM DISABILITY
EDUCATIONAL ALLOWANCE
TERM LIFE INSURANCE
HEALTH CLUB
PENSION PLAN
15.6 If an employee terminates, is terminated, or retires, the balance of
fiscal year benefit options are forfeited.
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ARTICLE 17
VACATION
17.1 Employees covered by this Contract shall accrue paid vacation time
follows:
ERVICE
0 through 5 Years
After completion of 5 Yrs thru 10 Yrs
After completion of 10 Yrs thru 15 Yrs
After completion of 15 Years
VACATIO
12
paid
days per
year
( 96
hours
15
paid
days.per
year
(120
hours
18
paid
days per
year
(149
hours
21
paid
days per
year
(168
hour
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).
Vacation 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 uni
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 vacatio* av
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 th
Manager.
A
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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 for-
feit 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 forfeited at
termination.
19.4 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 Manager.
JNDVANCE 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 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.
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ARTICLE 21
TIME POOL BANK
21.1 Time Pool Bank (TPB) will start on October 1, 1986 and terminatis
on September 30, 1988. It is established for all permanent full-time sworn and
certified Police Officers ONLY whether or not they are a dues -paying membe� of
the collective bargaining unit or not.
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 circumstances 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,
compensatory and personal leave to be eligible for this benefit.
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 probatioy
period and have gained Permanent Employee Status will be granted fourteen (14)
days to join the TPB.
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 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 fog
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 th
forms are received. The Committee will follow --up every thir
written request y
(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
a►a.19
LINE OF DUTY INJURIES
. 22.1 Any employee who is disabled during the course of his tour of duty wit:
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 disability.
22.2 The City shall supplement the employee's Workers' Compensation, Soc=al
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 a
determined by the Workers' Compensation Insurance Carrier, terminates, is
terminated, or retires.
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 sours
except for privately purchased insurance coverage paid solely by the individual
unit member. Any employee receiving 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 tc
a duty status consistent with his physical limitations. However, nothing shall
obligate the City to create an assignment where none exists.
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ARTICLE 24
PROBATIONARY EMPLOYEE
24.1 The parties agree the probationary period shall be one (1) year fr9
time of certification as Police Officers for those individuals who are not
ce=tified Police Officers when hired, and one (1) year from the date of hire fog
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 and shall be entitled to a one (1) step merit increase,
24.2 At any time during the probationary period, the Chief or Manager or
designee 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 Managex or designee for consideration 0
entitlement to benefits.
24.4 The probationary period and terms of employment for employees promoted
to a higher position shah be as -follows:
The supervisor shall review the employee six (6) months
from date of promotion and shall make has 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.
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BEREAVEMENT LEAVE
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 of benefits for each death of the be -Ow
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 proof, 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 documentat::on suppoxt:;ng ap-
proval of Bereavement Leave after the employee returns to work.
25.5 Applications may be made to the Manager or designee throucr_ the Chief
for extension of Bereavement Leave due to extenuating circumstances. The
compensation for this additional leave will be paid from any accrued annual leav
available (including holiday leave, compensatory time).
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ARTICLE 27
cnrinT TT^M
27.1 The City shall pay for approved job related courses if fund-, are
available, in the sole opinion of the Chief and Manages or designee, and if Oe
course does not interfere with the employee's performing his dutieu 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 institutions
including registration fees, charge for semester hours, and textbooks if the
course and authorization to take it were given by the Chief and 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.
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.
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0 F.O.P. BUSINESS
30.1 FOP officials, or their designees, up to a maximum of two (2) in
any one instance and up to a maximum of four (4) for the annual June ccnference,
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 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 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 De-
partment. In emergencies, the request may be submitted orally and
later confirmed in writing.
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 re-
strict 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.
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LEAVES OF ABSENCE
ARTICLF 31
PAGE 2
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enters active duty in the Armed Forces Reserve or National Guard steal- 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.
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, includ
ing 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.
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TERMINATION OF BENEFITS
is 33.1 Vacation time, holiday time and compensatory time that is in an
accrual status, shall be compensated by check upon termination 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 Saturday 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, communications equipment, health insurance
cards and City identification cards.
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ARTICLE 35
PERMANENT SHIFTS
35.1 For the to = of this Contract, the City shall provide to employeesle
this Bargaining Unit the opportunity to volunteer for assignment to permanent
shifts.
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.
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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.
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
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TnM7nTT At
DURATION OF CONTRACT
41.1 This contract shall be effective this 1 day of October , 1986, and
shall remain in full force and effect until September 30, , 1988, unless
modified or changed by mutual consent. On o: before March 1 , 1988, any pasty
desiring to negotiate this Contract, shall notify the other in writing of the-r
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 March 1, 1988 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.
41.2 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.
DATE APPROVED:19 g7__
IN WITNESS WHEREOF the parties have set their signatures on the date set
forth below their respective signatures.
BY
�pEnn/f�RD 4 7-
0 FRATERNAL ORDER OF POLICE (FOP)
BY:
BY:
BY:
,rE`Ly
Manager
Chief Negotiator
ATTEST: �d
eeRo` C BRavro
City Clerk
Approved as to Sufficiency
City Astor y
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LETTER OF UNDERSTANDING
This LETTER OF UNDERSTANDING is between the FRATERNAL ORDER OF
POLICE (F.O.P.) and the CITY OF TAMARAC. This LETTER OF UNDERSTANDING
will be for the purpose of LONG TERM DISABILITY for all bargaining unit
employees. The City is presently going out on formal bidding for LONG
TERM DISABILITY. As soon as the bids are opened and a LONG TERM DIS-
ABILITY Plan carrier is approved by Council, an immediate date would
then be established to put into effect a LONG TERM DISABILITY Plan for
all bargaining unit employees.
The LONG TERM DISABILITY Plan will tentatively have the following
provisions included. However, modifications, additions, or deletions,
could be made by the insurance carrier being awarded the bid.
1. LONG-TERM DISABILITY will start on the 91st day of disability and
will continue throughout period of total disability through age
70.
2. If an employee has a pre-existing condition, in order to be
eligible for LONG-TERM DISABILITY, the employee must go three (3)
months treatment -free or 12 months insured to be able to qualify
for this benefit.
3. Definition of disability is employees' present occupation for two
(2) years; thereafter, the complete inability to work at any
gainful employment based on education, training, or experience.
4. Percentage of monthly income is 60% of employee's gross monthly
wages less benefits received under employer provided retirement
plan, Workers' Compensation, or Social Security.
CITY C FRATERNAL ORDER OF POLICE
(F.O. P. )
LARRY PERRETTI HT CRA39f. MEF--)
Personnel Director Pre sAhm t
AP
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