HomeMy WebLinkAboutCity of Tamarac Resolution R-82-3801
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Introduced by: C/M Disraelly Temp. #2583
Rev. 1TT 277ff
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-82-380
A RESOLUTION APPROVING AN AGREEMENT WITH THE
FLORIDA STATE LODGE, FRATERNAL ORDER OF
POLICE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida State Lodge, Fraternal Order of Police
and the City have negotiated in good faith; and
WHEREAS, the City Council wishes to accept the recommendation
of the negotiating team to approve an Agreement.
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 Florida State Lodge, Fraternal Order of Police, is hereby
approved for all members of the bargaining unit who are employed by
the City on or after the effective date of this resolution for a
term to expire September 30, 1983
City Clerk's Department.
This Agreement is on file in the
SECTION 2: That the Mayor, City Manager and City Clerk are
hereby authorized to execute this document.
PASSED, ADOPTED AND APPROVED this 22nd day of December ,1982.
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`►`ems; '
VMAYOR-,�
ATTEST:
ASSISTANT CITY CLERK
MAYOR:
I HEREBY CERTIFY that I have approved DISTRICT
the form and correctness of this NSTRiCT
DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE
}
CONTRACT
BETWEEN
THE CITY OF TAMARAC
AND
FLORIDA STATE LODGE
FRATERNAL ORDER OF POLICE
ARTICLE NUMBER
TABLE OF CONTENTS
PAGE NUMBER
DEFINITIONS ----------------------------------- 1-2
1--------------------- PREAMBLE -----------=------------------------- 3
2--------------------- RECOGNITION ----------------------------------- 4
3--------------------- F.O.P. REPRESENTATION------------------------- 5
4--------------------- MANAGEMENT RIGHTS----------------------------- 6
5--------------------- NON-DISCRIMINATION- --------------------------- 7
6--------------------- PROHIBITION OF STRIKES--------------------- --8
7--------------------- CHECK-OFF------------------------------------9-10
8--------------------- PROBATIONARY EMPLOYEES ------------------------ 11
9--------------------- BULLETIN BOARDS ------------------------------- 12
10--------------------- F.O.P. SECURITY ------------------------------- 13
11--------------------- INTERNAL SECURITY INVESTIGATIONS
AND OBLIGATION TO THE PUBLIC ------------------ 14
12--------------------- GRIEVANCE PROCEDURE --------------------------- 15-16
13--------------------- ARBITRATION ----------------------------------- 1,7-]8
14--------------------- MANPOWER UTILIZATION -------------------------- 19
15--------------------- PERMANENT SHIFTS ------------------------------ 20
16--------------------- SENIORITY ------------------------------------- 21
17--------------------- LINE OF DUTY INJURIES------------------------- 22
18--------------------- SAFETY AND HEALTH----------------------------- 23
19--------------------- SICK LEAVE ------------------------------------ 24
20--------------------- VACATION -------------------------------------- 25
21--------------------- PERSONAL LEAVE -------------------------------- 26
22--------------------- HOLIDAYS -------------------------------------- 27
23--------------------- BEREAVEMENT LEAVE ----------------------------- 28
24--------------------- LEAVES OF ABSENCE ----------------------------- 29-30
25--------------------- F.O.P. BUSINESS ------------------------------- 31
26--------------------- WORK WEEK AND OVERTIME ------------------------ 32-33
27--------------------- UNIFORM ALLOWANCE ----------------------------- 34
28--------------------- EDUCATION ------------------------------------- 35
29--------------------- MEDICAL INSURANCE ----------------------------- 36
30--------------------- WAGE ------------------------------------------- 37
31--------------------- LONGEVITY PAY --------------------------------- 38
32--------------------- CIVIL SUITS ----------------------------------- 39
33--------------------- OFF -DUTY DETAIL ------------------------------- 40
34--------------------- SAVINGS CLAUSE-------------------------------- 41
35--------------------- TERMINATION OF BENEFITS ----------------------- 42
36--------------------- TOTAL AGREEMENT------------------------------- 43
37--------------------- DURATION OF CONTRACT -------------------------- 44
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DEFINITIONS
1. AUTHORIZED LEAVE: Any approved leave of absence, including vacation, sick
leave or injured on duty.
2. BARGAINING UNIT: Fraternal Order of Police - Lodoe #97.
3. CALENDAR WEEK: A consecutive period of seven days, the first day of which
is Monday at 12:01 a.m.
4. CHIEF: Chief of Police of Tamarac Police Department.
5. CITY: City of Tamarac.
6. DEPARTMENT: Tamarac Police Department.
7. DETECTIVE: Non -uniformed Police Officer laterally assigned to investigative
duties.
8. 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 and Sergeants.
9. F.O.P.: Fraternal Order of Police - recognized Bargaining Agent for members
of the Department.
10. FULL-TIME EMPLOYEE: An employee scheduled to work a minimum of forty (40)
hours per week.
11. MANAGER: City Manager of the City of Tamarac.
12. NORMAL WORK DAY: Eight (.8) hours within one 24 hour period.
13. NORMAL WORK WEEK: Forty (40) hours within a calendar work week.
14. OVERTIME RATE: Overtime rate of pay is one and one-half (1-112) times the
base pay rate at the hourly pay rate for the employee's proper grade and step.
15. 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 bene-
fits.
16. PERMANENT POSITION: Any Police Officer or Sergeant position vacant or filled
which is designated by the City budget.
17. PERMANENT STATUS: An employee classified in a position and has satisfactorily
completed a probationary period.
18. POLICE OFFICER: An Officer who has satisfied the requirements of the State
of Florida Criminal Justice Standards and has arresting powers.
19. PROBATIONARY EMPLOYEE: (nets hire): An employee who is serving his probationary
period prior to being regularly appointed to a permanent position.
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20. PROBATIONARY EMPLOYEE: (promotion): An employee who is serving his probationary
period prior to attaining permanent status in a higher classification.
21. PROBATIONARY PERIOD: (new hire): A period of time not less than twelve (12)
months from date of certification whereby the employee's performance is care-
fully evaluated in order to attain permanent status.
22. PROBATIONARY PERIOD: (promotion): A period of time not less than six (6)
months from date of promotion whereby the employee's performance is carefully
evaluated in order to attain permanent status in a higher classification.
23. 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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ARTICLE l
PREAMBLE
This Contract is entered into by Tamarac, Florida, hereinafter referred to as
the "City" and the Florida State Lodge, Fraternal Order of Police, hereinafter re-
ferred to as the "Bargaining Unit". 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.
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ARTICLE 2
RECOGNITION
The City recognizes the Fraternal Order of Police as the sole and exclusive
Bargaining Agent for all full-time sworn employees within the ranks of Police
Officer, Police Sergeant and Police Detective in accordance with Public Employees
Relations Commission Certification Number 358.
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ARTICLE 3
F.O.P. REPRESENTATION
Neither party, in negotiations, shall have any control over the selection of
the negotiating or bargaining representatives of the other party. The bargaining
committee of the F.O.P. shall consist of not more than four (4) representatives.
The F.O.P. shall furnish the City Manager with a written list of the F.O.P.'s bar-
gaining committee prior to the first bargaining meeting and substitution changes
thereto, if necessary.
The bargaining committee of the City shall consist of not more than six (6)
representatives. The City shall furnish the F.O.P. President with a written list
of the City's bargaining committee prior to the first bargaining meeting and sub-
stitute changes thereto, if necessary.
If an employee is on duty during negotiation sessions, he may attend and par-
ticipate in said sessions with no loss in pay. If an employee is scheduled to work
the midnight shift on the day of a negotiating sessions, the employee shall be ex-
cused from the shift and shall attend the session at no loss of pay; if approved
in advance by the Chief of Police or his designee which approval could be granted
only if the shift would still be adequately manned and would not cause any overtime
in the Department.
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ARTICLE 4
MANAGEMENT RIGHTS
The F.O.P. recognizes the right of the City to operate, manage and direct all
affairs of the Police Department and the City including the exclusive right:
A. To manage and direct all employees of the City and the Police
Department.
B. To hire, re -hire, promote, transfer, schedule, assign and retain
employees in positions with the City.
C. To suspend, demote, discharge, lay off or take other disciplinary
action against employees for just cause.
D. To maintain the efficiency of the operations of the City and the
Police Department.
E. To determine the structure and organization of City government in-
cluding the right to supervise, sub -contract, expand, consolidate or
merge any department and to alter, combine or reduce any division
thereof.
F. To determine the number of all employees who shall be employed by
the City, the job make-up, activities, assignments and the number of
hours and shifts to be worked per week including starting and quitting
time of all employees.
G. To determine the number, types and grades of positions or employees
assigned to an organizational unit, department or project, and the
right to alter, combine, reduce, expand or cease any position.
H. To determine internal security practices.
It is understood by the parties that every incidental duty connected with opera-
tions enumerated in job descriptions is not always specifically described and em-
ployees, at the discretion of the City, may be required to perform duties not within
their job description, but within the realm of related duties.
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.
ARTICLE 5
NON-DISCRIMINATION
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 be-
half of the members of the F.O.P.
The F.O.P. 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 or national origin.
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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ARTICLE 6
PROHIBITION OF STRIKES
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 Constitu-
tion of the State of Florida, work stoppages, boycotts, slowdowns, refusal of
assignments, or other actions which interefere with the operation of the Police
Department and the City.
There shall be no strikes, work stoppages, slowdowns, boycotts, refusal to per-
form 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.
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 Depart-
ment may be discharged or otherwise disciplined by the City.
It is recognized by the parties that activities enumerated in Paragraphs 2 and
3 above are contrary to the ideals of professionalism and to the Police Department's
community responsibility and that any violation of this Article would give rise to
irreparable damage to the City and to the public at large. Accordingly, it is
understood and agreed that in the event of any violation of this Article, the City
shall be entitled to immediately seek and obtain legal and/or equitable relief in
any court of competent jurisdiction or appropriate administrative body.
For the purpose of this Article, it is agreed that the Bargaining Unit shall
also be responsible and liable for any act committed by its officers and agents,
which act constitutes a violation of the provisions herein.
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ARTICLE 7
CHECK -OFF
Full-time active employees covered by this Contract may authorize payroll
deductions for.the purpose of paying F.O.P. dues. No authorization shall be
allowed for payment of initiation fees, assessments or fines.
The F.O.P. shall initially notify the City of the amount of dues. Such noti-
fication shall be certified to the City in writing over the signature of an authorized
officer of the F.O.P. Changes in F.O.P. membership dues shall be similarly certi-
fied to the City and shall be done at least one (1) month in advance of the effective
date of such change.
Dues shall be deducted monthly and the funds shall be remitted to the Treasurer
of the F.O.P. within thirty (30) days. The F.O.P. shall indemnify, defend and hold
harmless against any claims made and against any suits instituted against the City
on account of payroll deduction of F.O.P. dues.
The payroll deduction shall be revocable by the employee notifying the City in
writing on a prescribed form. The F.O.?. shall be notified of any revocation within
ten (10) calendar days of such revocation.
The Employee Organization agrees to pay the City the following sums to be
deducted by the City in its check -off transmittal of Employee Organization dues to
the Employee Organization as provided for below:
(a) New employee "tie in" to the payroll deduction plan --- $2.50 per
employee;
(b) Dues alteration --- $2.50 per employee.
Upon termination, the amount of $2.50 will be deducted from the terminating
employee's final check for revocation of dues deduction.
For the purpose of putting this Article into effect, employees covered by this
Contract shall execute individual authorization reading as follows:
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AUTHORIZATION FOR DEDUCTION OF F.O.P. DUES
I hereby authorize the City of Tamarac to deduct from my wages each month the
current normal F.O.P. dues and to transmit this amount to the Treasurer of the
Fraternal Order of Police.
Date
Signed
Payroll Number
INSTRUCTIONS TO STOP PAYROLL DEDUCTION OF F.O.P. DUES
I hereby instruct the City of Tamarac to stop deducting from my wages each
month the current normal monthly dues for the Fraternal Order of Police.
Date
igned
Payroll Number
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ARTICLE 8
PROBATIONARY EMPLOYEES
The parties agree that the probationary period shall be one year from the
time of certification as Police Officers for those individuals who are not certified
Police Officers when hired, and one 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 of Police and.City Manager recommend
continuance of employment, the employee shall be given regular status and shall be
entitled to a one step merit increase.
At any time during the probationary period, the Chief of Police or City Manager
may, for any cause other than the causes as provided for in Article 5, 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.
Notwithstanding any provision of the Contract, job benefits for employees in
the areas of leave shall continue as the same in existence prior to October 1, 1980.
This means that 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 City Manager for consideration of entitlement
to benefits.
The probationary period and terms of employment for individuals promoted to
a higher position shall be as follows:
The supervisor shall review the employee six (6) months from date of
promotion and shall make his recommendation to the City Manager 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.
The probationary period following a promotion does not affect the employee's
entitlement to City benefits granted after satisfactorily completing the initial
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probationary period.
There shall be no extension of the probationary period.
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ARTICLE 9
BULLETIN BOARDS
The City shall provide one (1) bulletin board for the exclusive use of the
F.O.P. solely for posting of official bulletins, notices and other official
Association materials.
The authorized bulletin board for F.O.P. use may be used only for posting
official notices which shall be signed by an officer of the F.O.P.
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ARTICLE 10
F.O.P. SECURITY
The City shall make available to the F.O.P. President five (5) copies of
the Contract and five (5) copies of the Personnel Manual. The City shall furnish
to the F.O.P. President copies of all notices of Regular and Special Council
meetings as well as Council agendas.
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ARTICLE 11
INTERNAL SECURITY INVESTIGATIONS AND OBLIGATION TO THE PUBLIC
The City acknowledges that it shall comply with the provisions of the Police-
man's Bill of Rights (Sections 11-2.531-111,114, Florida Statutes) as the same
shall be amended from time to time.
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ARTICLE 12
GRIEVANCE PROCEDURE
In a mutual effort to provide a harmonious working relationship 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 applica
tion or interpretation of this Contract and grievances involving discharge, sus-
pension, demotion, or any other adverse personnel action against an employee covered
by this Contract.
Every effort shall be made by the parties to settle any grievance as expediti-
ously 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.
Grievances shall be presented in the following manner and every effort shall
be made by the parties to secure the prompt disposition of such grievances.
Step 1. The employee shall first take up his grievance with his immediate
supervisor within ten (10) working days of the occurrence. For purposes of this
Step, the ten (10) working days means days which the aggrieved employee is physically
on the job. Such contact between the employee and his immediate supervisor shall
be on an informal and oral basis.
Step 2. Any grievance which cannot be satisfactorily settled with the
immediate supervisor, shall be reduced to writing by the employee and shall next
be taken up with his Division Commander. Such grievance shall be presented to the
Division Commander, in writing, within five (5) calendar days of the deadline date
for completion of Step 1. The Division Commander shall, within five (5) 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 3. Any grievance which cannot be satisfactorily settled with the
Division Commander shall next be taken up with the Chief of Police, either through
the Representative of the Employee Organization, or by the employee himself at the
employee's option. The grievance, as specified in Step 2, shall be discussed by
and between the member (or Representative of Employee Organization) and the Chief
of Police within five (5) calendar days after the completion of Step 2. The Chief
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of Police shall, within five (5) 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 Employee Organization.
Step 4. In the event an employee is not satisfied with the disposition of
the grievance in Step 3, he shall have the right to appeal the Chief of Police's
decision to the City Manager within five (5) calendar days of the date of issuance
of the Chief of Police's decision. Such appeal must be accomplished by the filing
of a copy of the original written grievance together with a letter signed by the
employee, or at the employee's option, the Representative of the Employee Organiza-
tion, requesting that the Chief of Police's decision be reversed. The City Manager
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 Employee Organization.
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 Employee
Organization and the Department or the City, such grievance shall be presented in
writing directly to the Chief of Police within the time limits provided for sub-
mission of a grievance in Step 1. The grievance shall be signed by the aggrieved
employees or the Representative of the Employee Organization. Thereafter, the
grievance shall be processed in accordance with the procedures in Steps 3 and 4.
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.
The parties recognize that situations may arise wherein disciplinary or other
adverse personnel action against employees is taken directly by the City Manager
or Acting City Manager. When this occurs, the employee shall immediately avail
himself to the Arbitration provisions set forth in Article 13.
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ARTICLE 13
ARRTTRATTnN
In the event a grievance processed through the Grievance Procedure set forth
in Article 12 has not been resolved, the grievant may submit the grievance to an
Arbitrator within fifteen (15) days after the City Manager 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 (7th) which will give a neutral or impartial
Arbitrator.
The City and the employee (or the Employee Organization) shall mutually agree
in writing as to the statement of the grievance to be arbitrated prior to the
arbitration hearing and the Arbitrator, therefore, shall confine 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.
The parties shall make their choice of the impartial Arbitrator within five
(5) days after the receipt of the panel from the Federal Mediation and Conciliation
Service 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.
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 hear-
ing 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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The entire aforementioned procedure shall not exceed a total of twenty-eight
(28) days. 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.
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ARTICLE 14
MANPOWER UTILIZATION
At no time shall there be less than one (1) supervisor and four (4) patrol
units on duty.
Total: Five (5) units.
The five (5) units shall be made up of road patrol personnel and will exclude
traffic division officers whenever possible.
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ARTICLE 15
PERMANENT SHIFTS
For the term of this Contract, the City shall provide to employees of this
Bargaining Unit the opportunity to volunteer for assignment to permanent shifts.
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ARTICLE 16
SENIORITY
Seniority shall consist of continuous accumulated paid service with the City.
Seniority shall be computed from date of certification.
Seniority shall govern the following matters:
(a) Vacations for each calendar year shall be drawn by employees on
the basis of seniority preference.
(b) Lay-off's of permanent employees shall be based on inverse seniority,
with the last hired being the first laid off. Reinstatement of
laid off employees shall be done before new employees are hired and
in the order of their accrued service time with the City. An
employee being recalled shall be notified by certified mail (return
receipt) and shall have twenty-one (21) calendar days from the
date of mailing of notice to respond affirmatively. If the City
fails to receive an affirmative response, the employee shall be re-
moved from the recall list and the City shall have no further
obligation to the employee.
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ARTICLE 17
LINE OF DUTY INJURIES
Any employee who is disabled during the course of his tour of duty with the
City of Tamarac Police Department which disability would be compensated under the
Workers' Compensation Statutes, shall be paid full salary for the first five (5)
working days of the disability.
Thereafter, the City shall supplement the employee's Workers' Compensation,
Social Security Disability or any benefits to which he may be entitled so that the
employee shall receive eighty-five (85%) percent of his gross bi-weekly base pay
until such time as the employee returns to work, terminates or retires.
No employee seeking benefits for Workers' Compensation, Social Security Dis-
ability 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.
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ARTICLE 18
SAFETY AND HEALTH
The City agrees to continue to use tires of a quality currently employed or
better for the term of this Contract.
The City agrees to make all efforts to improve radio communications so long
as the same are within the control of the City of Tamarac.
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ARTICLE 19
SICK LEAVE
Sick leave time will be earned at the rate of eight (8) hours for each month
of service. There will be no limit to the amount of sick leave days accumulated.
Sick leave shall be granted for the following reasons:
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 em-
ployee 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.
An employee who is absent from work due to an illness or disability in excess
h
of two (2) days may be required to submit a p -
physician's statement of physical con
dition. When deemed necessary, the Department Head may require proof of any illness.
An employee covered by this Contract may receive compensation for accrued sick
leave in excess of ninety-six (96) hours anytime during his employment with the
A.
City at the following rate:
ACCUMULATED HOURS
96-480 Hours
481-800 Hours
Over 800 Hours
% OF BUY BACK
25%
50%
100%
At time of separation in good standing, an employee who has accumulated more
than ninety-six (96) hours of sick leave shall be paid at the following rate:
% OF BUY BACK
ACCUMULATED HOURS
25%
The first 480 Hours 50%
481-800 Hours 100%
Over 800 Hours
For purposes of the buy-back provision, all payments shall be made at the
current hourly rate of pay.
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ARTICLE 20
VACATION
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. through 10 yrs.
15 paid
days per year
(120
hours)
After completion of 10 yrs. through 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).
Employees may split their vacation dates, provided it does not interfere with
the operation of the department. An employee covered by this Contract who is
eligible for twelve (12) days annual vacation shall take a minimum of five (5)
consecutive days per year. An employee eligible for fifteen (15) days.annual
vacation shall take a minimum of ten (10) consecutive days per year. An employee
eligible for eighteen (18) days annual vacation shall take a minimum of ten (10)
consecutive days per year. Employees eligible for twenty-one (21) days annual
vacation shall take a minimum of fifteen (15) consecutive days per year. Vacation
leave may be accumulated, but not to exceed thirty (30) days at any time during an
employee's tenure of employment.
However, this may be extended by no more than one month should the Chief of
Police 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 that
he has been employed for at least six months at the time of termination and after
review and recommendation by his supervisor has been approved for benefits by the
City Manager.
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ARTICLE 21
PERSONAL LEAVE
Personal leave shall be granted to full-time employees, at the rate of three
(3) working days (24 hours) per year provided that the employee has been approved
for benefits by the City Manager.
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.
Personal leave is not accumulated from year to year and is forfeited at term-
ination.
Personal leave shall not be used to extend an employee's vacation except in
emergency situations where approval is granted by the department head and the
City Manager.
ADVANCE APPROVAL
An employee wishing to use personal leave shall submit a properly completed
Request for Leave of Absence form for prior approval at least one (1) week in
advance of the actual day. Approval of this request is at the discretion of the
department head and shall have final approval of the City 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 22
HOLIDAYS
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 (z) day holiday shall be observed the day before the actual
holiday.
Should a holiday fall on a Saturday, the preceding Friday shall be observed.
If the holiday falls on a Sunday, the following Monday shall be observed.
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 with-
out pay.
An employee who is absent from work due to illness or injury the day before
or after a holiday without prior approval, may be required to submit a physician's
statement or a statement of authorization to the department head in order to be
compensated for said holiday.
If a holiday occurs during an employee's vacation, there shall be no charge
from vacation leave for said holiday.
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.
For those employees who have in excess of forty (40) hours of accrued holiday
leave, the following schedule shall be used for pay-off of these additional
hours:
a) 50% shall be paid on or before December 31, 1982 or January 1, 1983,
at the employee's option.
b) The remaining 50% shall be paid on July 1, 1983.
For purposes of this provision, all payments shall be made at the current
hourly rate of pay.
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ARTICLE 23
BEREAVEMENT LEAVE
Time -off provisions for Bereavement Leave: Where there is a death in the
immediate family of an employee, that 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. An additional two (2) days (16 hours) shall be granted
for out of state funerals. The compensation for this additional leave will be paid
from any accrued leave time available (sick leave, personal leave, vacation leave,
holiday leave, compensatory time).
Immediate family members are described as: Father, Mother, Spouse, Father
or Mother -in -Law, Brother, Sister, Grandparents, Grandchildren, Son or Daughter -
in -Law and upon proof, any person in the general family whose ties would normally
be considered immediate family and living within the same household.
Bereavement Leave shall not be charged against sick leave, vacation or holi-
day leave or accumulated overtime.
The City reserves the right to require documentation supporting approval of
Bereavement Leave after the employee returns to work.
Applications may be made to the City Manager and/or his designee through the
Chief of Police for extension of Bereavement Leave due to extenuating circum-
stances. The compensation for this additional leave will be paid from any accrued
leave time available (.sick leave, personal leave, vacation leave, holiday leave,
compensatory time).
NO
ARTICLE 24
LEAVES OF ABSENCE
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 of Police or his designee after written approval by the City
Manager. Such leaves may be renewed or extended for any reasonable purpose by the
Chief of Police or his designee after written approval by the City Manager not to
exceed one hundred eighty (180) calendar days.
An employee shall, upon request, be granted a leave of absence without pay
by the Chief of Police or his designee after written approval by the City Manager
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 of Police or his designee after written approval by the City Manager be
renewed at the request of the employee for a period not to exceed one additional
year.
Leaves of absence, with or without pay, may also be granted to employees by
the Chief of Police or his designee after written approval by the City Manager, at
their discretion, if it is determined that it is for educational purposes to attend
conferences, seminars, briefing sessions or other job -related activities of a similar
nature which are intended to improve or upgrade individual skill or professional ab-
i1ity.
Extended leaves of absence without pay must be granted by the City Manager
or Acting City Manager 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 re-
newed at the sole discretion of the City Manager or Acting City Manager for one (1)
additional six (6) month period upon request and receipt of a certified physician's
statement.
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 vacation time in lieu of military leave. Any permanent
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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.
Any employee who is on duly authorized paid leave of absence will continue to
maintain benefits as if he were on regular status.
All job -related benefits shall cease for any employee who is on authorized un-
paid leave of absence in excess of thirty (30) days. An employee on authorized un-
paid 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 contri-
bution. 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 vacation and sick leave
hours that he had not used prior to leave and those accrued during the first thirty
(30) days of leave.
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ARTICLE 25
F.O.P. BUSINESS
F.O.P. officials, up to a maximum of two (2) in any one instance and up to a
maximum of four (4) for the annual June conference, shall be granted time off to
attend State or Local F.O.P. meetings.
Employees who are elected F.O.P. officials of the Fraternal Order of Police
shall be granted time off by Department Management to attend F.O.P. meetings, pro-
vided:
(a) A written request is submitted to Department Management at least forty-
eight (48) hours prior to the time off period:
(b) Sufficient manpower is available in the regular shift to properly man
the Department during the absence of the F.O.P. official. The City
shall not be obligated to permit this time off if at the time of ap-
proval it would necessitate overtime in the Department. In emergencies,
the request may be submitted orally and later confirmed in writing.
Time off, as provided in this Article, for F.O.P. officials 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 F.O.P. business
when an extreme emergency condition exists and such time off from regular assign-
ments would, in the sole opinion of the Chief of Police or his designee, create a
danger to public safety.
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ARTICLE 26
WORK WEEK AND OVERTIME
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. For the purpose
of the Contract, authorized compensated leave shall mean leave compensated under
existing City policy or the provision of this Collective Bargaining Contract.
Hours worked in excess of the normal work day shall be compensated at the rate
of one and one-half (1 1/2) times the employees hourly rate of pay, or compensatory
time at the rate of one and one-half (1 1/2) hour for each overtime hour, or portion
thereof, at the employee's option. Overtime shall commence when an employee has
worked more than one -quarter (1/4) hour beyond his normal work day.
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 calendar week in which the overtime was earned.
Once an employee has accrued a maximum of forty (40) hours of earned compensatory
time, the option of cash or compensatory time shall be made by the department.
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 time -
and -one-half the basic rate position and pay at time -and -one-half for each additional
hour beyond the initial three (3) hours or, at the discretion of the employee, the
equivalent in compensatory time.
Call -out rates shall apply to each successive incident whereupon an employee is
called to duty outside his normal working hours. A successive incident for the pur-
poses of this paragraph is defined as a call -out incident beyond the three (3) hour
limit on the first incident.
The provisions of paragraph 5 of this Article shall also apply to the following
required off -duty court appearances:
(a) Required off -duty appearances as a subpoenaed witness in the Federal Court,
Y 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, under paragraph
4(a) herein, said fee or its equivalent shall be presented to and become
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the property of the City.
No supervisory official shall take action to cause non-payment of straight time,
time -and -one-half or compensatory time in circumstances wherein an employee covered
by this Contract has performed work which entitled him to payment of straight time,
time -and -one-half or compensatory time.
Employees working Out -of -Title as Acting Supervisors will be paid Supervisors
pay -scale on an hour to hour basis after serving in such capacity for more than one
(1) work week.
11
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ARTICLE 27
UNIFORM ALLOWANCE
Each employee of the bargaining unit shall after being with the City for one
(1) year, receive a uniform allowance of $250.00 annually, paid in semi-annual in-
stallments in advance. In addition, each member of the bargaining unit working in
a plainclothes assignment, shall receive an additional $200.00 per year, to be paid
on a pro-rata basis, during the last pay period of the fiscal year.
All new employees shall receive from the City at no cost to the employee a new
uniform upon his appointment. The uniform shall consist of:
Five (5) shirts;
Three (3) pairs of trousers;
One (1) hat;
One (1) winter jacket;
One (1) reflectorized raincoat;
One (1) pair of reflectorized gloves;
One (1) hat badge;
One (1) shirt badge;
One (1) whistle;
One (1) name -tag;
Leather goods and accessories to include hand -cuffs and case, cartridge
case, halter and cartridges for his weapon.
Members who are assigned to units which require special equipment or uniforms
shall be issued such equipment or uniforms by the City upon his transfer.
Any employee who shall receive any breakage or damage to his uniform or per-
sonal equipment in the line of duty, shall have it replaced at no cost to the em-
ployee.
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ARTICLE 28
EDUCATION
The City shall pay for approved job related courses if funds are available, in
the sole opinion of the Police Chief and City Manager, and if the course does not
interfere with the officer's performing his duties including attendance at work and
scheduling of working hours.
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 Police Chief and City Manager in writing prior to regis-
tration. The City shall not pay for late registration charges, miscellaneous sup-
plies, and traveling expenses, or cost of transcripts.
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 text-
book so that he would have it for a reference.
If an employee voluntarily terminates prior to one (1) year upon completion
of the course(s), then 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.
The City agrees to pay the applicable salary incentive monies, in accordance
with the Florida State Statutes Chapter 943.22, on a monthly basis. Such monies
shall be paid in a separate check at the time the first regular pay check of the
month is issued, but in no case shall it be issued later than the tenth day of each
month.
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ARTICLE 29
MEDICAL INSURANCE
Employees shall be provided with medical, surgical, and hospitalization bene-
fits, as outlined in the City's medical coverage handbook, substantially equivalent
to those currently provided, with the City paying the full premium for employee
coverage. The premium for employee coverage as of 9/l/82 is $44.70 per month.
Dependent coverage may be obtained by the employee. In the event dependent
coverage is sought, the City will subsidize said coverage at the contribution rate
in effect at the time of execution of the Contract. The premium for dependent
coverage as of 9/l/82 is $76.71 per month. The City's contribution towards de-
pendent coverage is $41.79 per month and shall remain the same during the term of
this Contract.
Any and all additional costs for dependent coverage shall be the responsibility
of the employee.
The City agrees not to do anything to encourage an increase in premium for
dependent coverage.
Life insurance coverage in the amount of $20,000 and AD&D coverage in the amount
of $20,000 is provided to employees earning less than $20,000 per annum at no cost
to the employee. Life insurance and AD&D amounts increase to $25,000 when an em-
ployee's annual base salary is $20,000 or more.
An additional $10,000 AD&D policy is provided through the City's Law Enforce-
ment Officers' Comprehensive Liability Insurance covering accidental loss of life
and dismemberment as a result of law enforcement activities, including governmental
action directed toward the prevention and control of crime, while employed by a
law enforcement agency or a municipal, county, state, federal or quasi -government
body.
IC1.2
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ARTICLE 30
WAGES
Effective October 1, 1982, a pay increase amounting to eight (8%)
percent will be granted to each unit employee.
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ARTICLE 31
LONGEVITY PAY
All full-time employees who have completed one (1) year at Step H of their
pay range shall receive a lump sum annual longevity payment to be paid on December
1, 1982 and each year thereafter on December 1st in the amount of two -percent (2%)
of Step H annual salary.
All full-time employees who have not completed one (1) year at Step H of their
pay range as of December 1, 1982 shall receive a lump sum annual longevity payment
on the date at which time they would have completed one (1) year at Step H and each
year thereafter on this date in the amount of two percent (2%) of Step H annual
sal ary.
All longevity payments and merit increases shall be effective on either
December 1st, where applicable, or on the review date. However, actual payment
shall not be made until the next regularly scheduled pay day.
Annual salary as used herein shall mean the er,?I oyee's base salary, excluding
any benefit payment or extra compensation received.
Except that, in the event such a regular full-time employee is or has been
suspended or laid off or 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.
4
ARTICLE 32
CIVIL SUITS
The City shall automatically undertake the defense of any member employee
against civil damage suits arising from performance of duties while within the
employee's scope of employment and shall file proper and appropriate countersuits.
However, if the employee is found by a Court of competent jurisdiction to have acted
beyond the scope of his/her duties, the City reserves the option to file suit
against the employee. The City shall not be bound to defend suits for actions
occurring when an employee is on a private work assignment for which compensation is
not paid by the City, and when the employee is not on a tour of duty in the City,
unless the employee is in the process of making a lawful arrest or taking some other
valid and bona fide police action which he would be expected to take whether on the
private work assignment or elsewhere.
Coverage will also include all costs taxed against the member employee in
any suit defended by the insurance company; all interest on the entire amount of
any judgment which does not exceed the policy limits of $1,000,000 per occurrence;
premiums on appeal bonds, bonds to release attachments, bail bonds limited to $250.00
per bail bond; reasonable expenses for first aid to others at the time of an
accident; reasonable expense incurred at insurance company's request in assisting in
the investigation or defense of any claim or suit, including actual loss of earnings
not to exceed $50.00 per day.
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ARTICLE 33
OFF -DUTY DETAIL
Any member of the Bargaining Unit who works an off -duty detail will be paid
at the rate of twelve dollars ($12.00) per hour during the term of this Contract.
Any off -duty detail shall be a minimum of three (3) hours and the unit member
will be paid no less than for a three (3) hour detail.
The City will collect from the detail employer a sum not less than twelve
dollars ($12.00) per hour, which sum shall compensate the City for its administrative
costs.
The City will disperse to the unit member, 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 that amount after all deductions for Federal Withholding taxes and Federal
Social Security taxes.
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.
Working the off -duty details will be voluntary and at the sole discretion of
the Bargaining Unit employee.
Off -duty details will be administered by the City in a fair and equitable
manner.
This Article shall take effect January 1, 1983.
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ARTICLE 34
SAVINGS CLAUSE
All job benefits and terms and conditions of employment, as set forth in the
sections of the City of Tamarac Personnel Manual dated July 22, 1981 listed as
follows, shall remain in effect for those employees covered by this Contract for
the life of this Contract: Sections 37 and 40. The following sections of the
Personnel Manual are superseded and controlled by this Contract and any changes
made thereto by the City shall not affect those employees covered by this Contract:
Sections 4, 11, 12, 16, 22, 25, 26, 27, 28, 30, 31, 33, 34, 35, 38, 44 and 46. All
other sections of the Personnel Manual may be amended by the City and the amend-
ments shall be binding on the employees covered by this Contract. The foregoing
provisions of this section shall not be interpreted to prevent the Police Department
from formulating and enforcing its own rules, regulations and policies so long as
such rules, regulations and policies do not alter the terms and conditions of this
Contract or detract from the benefit structure of the employees.
Should any provisions of this collective bargaining agreement, or any part
thereof, be rendered or declared invalid by reason of any e-xisting 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.
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.
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ARTICLE 35
TERMINATION OF BENEFITS
Vacation time, holiday time and overtime that has been performed and is in
an accumulated 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 two (2) weeks written notice
has not been provided to the City, the final payment shall be processed with the
next scheduled payroll. If an employee's last working day is on a Saturday or Sun-
day, the employee shall receive his check on Monday.
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, with-
out limitation, communications equipment, health insurance cards and City identifi-
cation cards.
l!
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ARTICLE 36
TOTAL AGREEMENT
The parties agree that this Collective Bargaining Contract represents the
total Contract for terms and conditions of employment, between the parties, for
the life of the Contract. No changes shall be made without the agreement of both
parties.
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ARTICLE 37
DURATION OF CONTRACT
This Contract shall be effective this 22nd day of December , 1982, and
shall remain in full force and effect until September 30, 1983, unless modified or
changed by mutual consent. On or before March 1, 1983, any party desiring to nego-
tiate 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 March 1, 1983. 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.
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: DECEMBER 22, 1982
IN WITNESS WHEREOF the parties have set their signatures on the date set forth
below their respective signatures.
WITNESS
ATTEST:
CITY MAMA
ATTEST:
CITY CLERK
FRATERNAL ORDER OF POLICE
'4
This 2,7 day of d ,1982.
This 29 day of ,1982.
This ay of VJni 19
CITY OF TAMARA r
By t
MAYO
This/02 day of ,198$
By
CITY NAGER
This/e—day o
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