HomeMy WebLinkAboutExhibitArticle 1
RECOGNITION
1.1 Pursuant to and in accordance with all applicable provisions of the Florida Public Employees
Collective Bargaining Law, Chapter 447, Florida Statutes, management recognizes the F.O.P. as the
exclusive collective bargaining representative for those employees in the defined bargaining unit for
the purpose of collective bargaining with respect to wages, hours, and other terms and conditions of
employment, including Detention Officers per PERC Order Clarifying Certification 9219 dated July
15, 2008.
1.2 The bargaining unit consists of all sworn employees (hereafter referred to as "bargaining
unit members)") currently (on or after the date of ratificationJholding positions in the classifications
shown below which may hereafter be added to, reduced or changed as hereinafter provided, and
excludes all other employees not specifically shown below in Section 1.4. Changes in the bargaining
unit shall only be made upon proper application to and adjudication by the appropriate state agency
and/or the appropriate court of competent jurisdiction; or as may be mutually agreed upon by the
parties.
1.3 The salaries listed in the appendices represent an approximation. The salary schedule issued
by the Human Resources Department is the official City salary document.
1.4 Bargaining Unit Classifications.
Class Code Number Class Title
5005
5006
Officer
Motor
5011
—44eer-
Sergeant
5012
Lieutenant
5013
Captain
5080 Detention
For the
Date: (� " 1
For
275653
Article 2
REPRESENTATION OF THE CITY
2.1 The City shall be represented by the City Manager, or a person or persons designated in
writing to the F.O.P. by the City Manager. The City Manager, or his designated representative, shall
have sole authority to conclude an agreement on behalf of the City subject to ratification by an official
resolution of the City Commission. It is understood that the designated representatives of the City
are the official representatives for the purpose of negotiating an Agreement. Any negotiations entered
into with persons other than those defined herein, regardless of their position or association with the
City, shall be deemed unauthorized and shall have no standing or weight of authority in committing
or in any way obligating the City. It shall be the obligation of the City Manager, or his designated
representative to notify the F.O.P. in writing of any changes in designation of the City's representative
for the purposes of negotiations.
2.2 For the purpose of this Agreement, reference(s) to the Chief of Police shall include his/her
designee.
e
Date: (—� _I;)-(^ eP' l
445216768 vl (As of 8.31.2021) 4
ArLIde,4
REL'REUSEWATTON OF THE F.OX.
3.1 The FAE ahall be represented by the President of tho ROT. or by person or persons
designatedill writing to the City Manager 0.t deSJMc�z• the T.�ireetcat taf tzxa�� l�scaurces by the
president of theY.O.P. The identification of representatives shall be made each year by April 1".
Such designation shall be accompwiied by an &Ffidayit execated by said.President that the FO.P.
has complied with all requirements of State. Law in Cffect at that, time with respect to registration
of tl"ae EOC P
have fill akithority to conclude an Agreement on behalf of t1w, F.0,P., subject to ratification by a
Majority Vote of those bargai-aing unit members voting on the qaestiwi of ratiflodion, It is
understood that the F.O.P. representative or represetitatives are the official representatives of the,
F.O. P. for negotiating with the City. Any negotiations entered i.r to with ponqotis n th other . , a these
defined herein,; regardless of their Position or associatioa with the FOY, sharp be deemed
unauthorized and sfiA have iior standing or weight of auffiority it, committing or in any way
obligating the F.OT. The F.O.P. shalltiotify the City Mallager in Writing 01, any 011MIges in the
desigaadon of the Presi(Jent of tile p,o.)?, or of any certified representative of the F,O,P. Up to
five, (5) des sited representativ65 of the F.01p, shall be pf,-.n.nitt6d to attend the.D.W6tiatioii
sessions on duty with no loss of pay or emoluments. Two. (2) of the repre.sontatives shall be
compensated. by the City and. their shifts and/or days off shall be adjusted to accommodate, the
negotiation process, The other thmo (3) shall be compensated by the Time Pool consistent with the
provisions of Article 26, The seven day notice requirement will not apply where the lehodule of
negotiatiRg sessions prohibits its application,
946503382
3.2 The pai ties agree that tirno,5pont in owitract negotiations will lie paid at the. straight dine
rate.
3.3. Barizaining imit members shall obtain auflauritv fro.m. bis/her swervisor in order to meet
with the Union President —car des ee_Aqriza tEtat member's Working time.
V3
For the CA lll�r ion
Date: <2
#4660.1',W Yl (Aof 131.22)
Article 4
MANAGEMENT R>CGHTS
4.1. The City has and will continue to retain, whether exercised or not, the ,right to operate
and manage its affairs in all respects, and the powers and authority not abridged, delegated or
modified by the express provisions of this Agreement or in any Memorandum of
Understanding(s) (MOU) that is incorporated in this agreement and attached hereto or referred to
herein, in addition to any MOU catered into during the term of this agreement. The F.O.P. and
the City retain the right to bring forth additional MOUs which ware entered into by both parties
and incorporate them as part of the agreement after notification of the respective party
(F.O.P./City Manager or designee) who will confirm the authenticity of the MOUs. Otherwise,
any changes of terns and conditions of employment shall not be recognized. Any fixture MOUs
that amends the collective bargaining agreement shall be subject to Florida Statute, Chapter 447,
Part 11. The parties agree to a sunset provision that begins at the ratification of this labor
agreement wherein any MOU that is not included with the labor agreement prior to the
expiration of this agreement will be considered null and void.
The rights of the City, through its management officials, shall include, but shall not be
limited to, the right to determine the organization of City Government; to determine the purpose
of each of its constituent departments; to exercise control and discretion over the organization
and efficiency of operations of the City; to set standards for service to be offered to the public; to
direct the bargaining w-At members, including the right to assign work and overtime; to hire,
examine, classify, promote, train, transfer, assign, and schedule bargaining unit members; to
suspend, demote, discharge, or take other disciplinary action against bargaining unit members for
proper cause; to increase, reduce, change, modify or alter the composition and size of the work
#46662180 V2
force, including the right to permanently or temporarily layoff, furlough or otherwise relieve
bargaining unit members from duties because of lack of work or funds; to determine the location,
methods, means, and personnel by which operations are to be conducted, including the right to
determine whether goods or services are to be made or purchased; to establish, modify, combine
or abolish positions; to change or eliminate existing methods of operation, equupment or
facilities; to establish, implement and ;maintain an effective internal security program, and to
establish rules, regulations and rules of conduct.
4.2 Sworn police will be promoted to civil service ranks based upon the rule of one, except
promotions may be, denicd or delayed for cause. The following is declared to be cause for
denying or delaying a promotion;
A bargaining unit inember who at the time of the promotion is under investigation for
unlawful or unethical acts by any law enforcement agency or the City's Police Internal
Affairs Unit, If a bargaining unit member has a promotion delayed for cause and is
later cleared, he/she shall be promoted retroactive as if the event had not occuixed.
4.3 The City has the sole authority to detotmine the purpose and mission of the City, to
prepare and submit budgets to be adopted by the City Connnissiou,
4.4 Those inherent managerial functions, prerogatives and policy rnaldng rights which the
City has not expressly modified or restricted by a specific provision of this Agreement are not in
any way, directly or indirectly, subject to the Grievance Procedure contained in this Agreement.
4.5 If the City fails to exercise any one or more of the above functions from time to time,
this will not be deemed a waiver of the City's right to exercise any or all of such functions. This
provision will in no way alter or diminish the rights afforded by Article 23, Prevailing Benefits.
9466621so v2
Artie] P 1;
NO STRIKE
5.1 ",Strike" means the concerted failure to report for duty, the concerted absence of bargaining
unit members from their positions, the concerted stoppage of work, the concerted submission of
resignations, the concerted abstinence in whole or in part by any group of employees from the full
and faithful performance of their duties of employment with the City, participation in a deliberate and
concerted course of conduct which adversely affects the services of the City, picketing or
demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a
collective bargaining agreement.
5.2 Neither the F.O.P., nor any of its officers, agents and members, nor any bargaining unit
members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any
strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any
other interruption of the operations of the City.
5.3 Each bargaining unit member who holds a position with the F.O.P. occupies a position of
special trust and responsibility in maintaining and bringing about compliance with this Article and
the strike prohibition in F.S. 447.505 and the Constitution of the State of Florida, Article I, Section 6.
Accordingly, the F.O.P., its officers, stewards and other representatives agree that it is their continuing
obligation and responsibility to maintain compliance with this Article and the law, including their
responsibility to abide by the provisions of this Article and the law by remaining at work during any
interruption which may be initiated by others; and their responsibility, in event of breach of this
Article or the law by other bargaining unit members and upon the request of the City, to encourage
and direct bargaining unit members violating this Article or the law to return to work, and to disavow
the strike publicly.
1745216768 vl (As of 8.31.2021) 1()
5.4 Any or all bargaining unit members who violate any provisions of the law prohibiting strikes
or of this Article may be dismissed or otherwise disciplined by the City, and any such action by the
City shall not be grievable or arbitrable under the provisions of Article 6 - Grievance procedure.
For the City 1
Date: 011�
#45216768 vl (As of 8.31.2021) 11
Article 6
GRIEVANCE PROCEDURE
6.1 In a mutual effort to ,provide harmonious working relations between the parties of this
Agreement, it is agreed to and understood by both parties that there shall be a procedure for the
resolution of grievances or misunderstandings between the parties arising from the application or
interpretation of this Agreement.
6.2 A grievance is any dispute, controversy or difference between (a) the parties, (b) the
City and a bargaining unit member or bargaining unit memb= on any issues with respect to, on
account of or concerning the meaning, interpretation or application of this Agreement or any
terms or provisions thereof:
A grievance shall refer to the specific provision or provisions of this Agreement alleged
to have been violated. Any grievance not eonfonning to the provisions of this paragraph or that
contains non -identification of specific; violations of the agreement shall be denied and not
eligible to advance through the steps of the Grievance Procedure including arbitration.
6.3 Nothing in this Article or elsewhere in this Agreement shall be consttaed to permit the
F.O.P. to process a grievance (a) on behalf of any bargaining unit member without his consent,
or (b) with respect to any hatter which is the subject of a grievance, appeal, administrative action
before a governmezatal board or agency, or court proceeding, brought by an individual bargaining
unit member or group of bargaining unit members, or by the P.O.P.
6.4 it is f irther agreed by the F.O.P. that bargaining unit mernbers covered by this
Agreement shall snake an exclusive Election of Remedy prior to filing a 2"d step grievance or
initiating action for redress in any other forum. Such choice of remedy will be made in writing
on the Election of Remedy form to be available at the Department of Human Resources, Division
#46662232 v2
of Labor Relations. The .Election. of Remedy form will indicate whether the aggrieved party or
parties wish to utilize the Grievance Procedure contained in this Agreement or process the
grievance, appeal or administrative action before a governmental board, agency or court
proceeding. Selection of redress other than through the Grievance Procedure contained herein
shall preclude the aggrieved party or parties from utilizing said Grievance Procedure for
adjustment of said grievance.
6.5 To simplify the Grievance Procedure, the number of "working days" in presenting a
grievance and receiving a reply from the different levels of supervision shall be. based upon a
forty (40) hour, five (5) day workweek, Monday through Friday not including citywide holidays.
All grievances must be processed within the time limits herein provided Curless extended by
mutual agreement in writing.
Any grievance not processed in accordance with the time limits provided above or not
supplemented by a completed and signed Election of Remedy form shall be considered
conclusively abandoned. Any grievance not answered by management within the time limits
provided will automatically advance to the next higher step of the Grievance Procedure. Where
a grievance is general. in nature in that it applies to a number of bargaining unit members having
the same issue to be decided, or if the grievance is directly between the F.O.P. and the City, it
shall be presented directly at Step 3 of the Grievance Procedure, within the time limits provided
for the submission of a grievance in Step 1, and signed by the aggrieved bargaining unit
members or the F.O.P. representative on their behalf. .For grievances that apply to a number of
bargaining union members having the same issue to be decided, as referenced above, the Union
will make a good faith effort to identify the aggrieved bargaining unit members either by name
or by definition, The Union and the City will make a good faith effort to resolve any disputes
#46662232 vz
regarding the identification of the class prior to commencing with the Step 3 hearing. The Union
will be permitted to amend its identification (either by name or by definition} of the aggrieved
bargaining members in the class up to thirty (30) days prior to the date of the arbitration hearing.
The Election of Remedy form as provided in Section 6.4 of this Article -must be completed and
attached to grievances presented directly at Step 3.
6.6 Only a bargaining unit member who has permanent Civil Service status as a sworn
Police Officer in the Miami Police Department may appeal a suspension, de -notion, or dismissal
through the grievance procedure contained in this Agreement or in accordance with the appeal
procedure of the Civil Service Rnles, but not both. Such grievances shall be riled at Step 3
within- the time limits set forth for Step 1.
6.7 Disputes involving the granting of workers' compensation shall not be subject to this
grievance procedure, but disputes involving the granting of supplemental disability pay shall be
grievable.
6.8 Grievances shall be processed in accordance with the .following procedure:
Step 1,
The aggrieved bargaining unit member shall. discuss the grievance with his immediate
supervisor within tens e (10} working days of the occurrence which gave rise to
the grievance. The F.O.P. representative may be present to represent the bargaining
unit member if the bargaining unit member desires him present. The immediate
supervisor shall attempt to adjust the platter and/or respond to the bargaining unit
member within seven (7) working days. Such discussion sl-all be confirmed in
writing,
Step I
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If the grievance has not been satisfactorily resolved at Step 1, the bargaining unit
member or the Employee Organization representative shall complete the Election of
Remedy form provided for in Section 6.4 of this Axtiole before initiating the grievance
to the second step of the Grievance Procedure. If the aggrieved party or parties elect
the remedy other than. the Grievance Procedure contained herein, the grievance shall
be withdrawn for redress consistent with the Election of Remedy form,
When the Election of Remedy form indicates the grievance is to be advanced through
the Grievance Procedure, the bargaining unit member or the F.O.P. representative shall
reduce the grievance to writing on the grievance form provided for this purpose and
present such written grievance to the Department Head. or his designee within seven
(7) working days from the time the response was given at Step 1. The Department
Plead or his designee shall meet with the bargaining unit member and/or the F.O.P.
representative and shall respond in writing to the bargaining unit member and the
F.O.P. within ten seven -MO working days from receipt of the written grievance.
St
If the grievance has not been satisfactorily resolved in Step 2, the bargaining �Mit
member or the F.O.P. may present a written appeal to the City Manager ander. the
Labor- of Hunan Resources, or their designee,
within ten se(710) working days from the time the response was given at Step 2.
The City Manager and/or the Dena ent of -Human Resources Director, or designee,
shall hold a grievance hearing with the bargaining unit member and/or the F.O.P.
representative. The City Manager and/or the Dot of—FZianan Resources
#46662232 v2
Step 4.
Director, or designee, shall respond In writing to the bargaining unit member and the
F.O.P. within. ton (10) working days from the date of hearing.
1. 1f the grievance is not settled in Step 3, it may upon written request of either the
Bargaining unit member, Employee Organization or the City within ten seve4i
(710) working days after receipt of reply or answer be referred to arbitration,
2. The arbitration shall be conducted under the rules set forth in this Agreement and
not under the rules of the American Arbitration Association unless rnutuall
agreed to by the parties. Subject to the following, the Arbitrator shall have
jurisdiction and authority to decide a grievance as defined in this Agreement. The
Arbitrator shall have no authority to change, amend, add to, subtract from, or
otherwise alter or supplement this Agreement, or any part thereof, or any
amendment hereto, The Arbitrator shall have no authority to consider or rule
upon any matter which is stated in this Agreement not to be subject to arbitration
or which is not a grievance as defined in this Agreement, or which is not covered
by this Agreement; nor shall this Collective Bargaining Agreement be construed
by the Arbitrator to supersede any applicable laws. No Arbitrator shall have
jurisdiction to arbitrate any.,dispute arising under the terms of By executed
settlement agroemout between the City and the Union or between the City and an
bar ainin unit members entered into after ratification of this Agreement, unless
otherwise mutually agreed to by the Parties. The Parties to this .A.grcumagree
that the terms of an executed settlement agEeement shall control the forLun in
which that particular settlement agreement mgy be enforced.
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3. It is contemplated that the City and the F.O.P. or bargaining unit member shall
mutually agree in writing as to the statement of the matter to be arbitrated prior to
a hearing; and if this is done, the Arbitrator shall confine his decision to the
particular matter thus specified.
4. Each party shall beat' the expense of its awn witnesses and of its own
representatives. The F.O.P, and the City shall bear equally the expense of the
impartial Arbitrator, including any retainer fee of the Arbitrator. Should ally
individual bargaining unit member bring a grievance uuder this Article, he/sire
shall be required to post a bond of an estimated one-half ('/2) of the expenses of
the Bearing with the arbitrator before the hearing may be scheduled. The party
desiring a transcript of the hearing will bear the cost of same.
5. Copies of the award of the arbitration made in accordance with the jurisdiction or
authority under this Agreement shall be furnished to both parties within thirty (30)
days of the hearing and shall be final and binding on the aggrieved bargaining unit
member(s), the F.O.P. and the City.
6. The Arbitrator shall be selected by agreement of the parties. hi the event the
parties cannot agree upon an Arbitrator, the Federal Mediation and Conciliation
Service shall be requested to nominate five (5) persons :for such position. Each
party may reject such list in its entirety. If a list is not so rejected, names shall be
stricken alternately, the party striping first to be determined by the toss of a coin.
6A Effe r"&-upen. F-at,, 9eatio f tke lab or- a,,,.,,,,,Y. the-Cib-agr-ees !e pay t1, u1'
to �brty thousand deIIa"—($40-,G0 er—figea
#4062232 V2
Article 8
DISCIPLINARY PROCEDURE,
8.1 Whenever a bargaining unit member (for purposes of this Article, the terms "bargaining
unit mernber" and "law enforcement officer" shall be used interchangeably) is raider
investigation and subject to interrogation by members of the City of Miami Police Department
for any reason that could lead to disciplinary action, suspension, domotion, or dismissal, such
interrogation must be conducted under the following conditions:
A. The interrogation shall be conducted at a reasonable hour, preferably while the
bargaining unit member is on duty, unless the seriousness of the investigation is
of such degree that an immediate action is required. If the bargaining unit
member is off duty at the time of tlne interrogation, the bargaining unit member
shall be entitled to overtime.
R. The :interrogation shall take place either at the office of the command of the
investigating officer or at the office of the local precinct or police unit in which
the incident allegedly occurred, as designated by the investigation officer or
agency.
C. The law enforcement officer under investigation shall be informed of the :rank,
name, and command of the officer in charge of the investigation, the interrogating
officer, and all persons present during the interrogation. All questions directed to
the officer under interrogation shall be asked by or through one intexrogator
during any one investigative interrogation, unless specifically waived by the
officer under investigation,
h46685611 vl
A The bargaining unit member -under investigation shall be informed of the nature of
the investigation before any interrogation begins, and he or she must be informed
of the names of all complainants. All identifiable witnesses shall be interviewed,
whenever possible, prior to the beginning of the investigative interview of the
accused officer. The complaint, all witness statements, including all other
existing subject officer statements, and all other existing evidence, including, but
not limited to, incident reports, GPS locator information, and audio or video
recordings relating to the incident under investigation must be provided to each
officer who is the subject 'of the complaint before the beginning of any
investigative interview of that officer. An officer, after being informed of the
right to review witness statements, may voluntarily waive the provisions of this
paragraph and provide a voluntary statement at any time.
F. Interrogating sessions shall be for reasonable periods and shall be timed to allow
for such personal necessities and rest periods as are reasonably necessary.
F. The bargaining unit member under investigation may not be subjected to abusive
or offensive language or be threatened with transfer, dismissal or other
disciplinary actions. No promise, or reward or threat of action shall be, made, as
an inducement to answering any question.
G. The formal interrogation of a law enforcement officer, including all recess
periods, must be recorded on audio tape, or otherwise preserved in such a manner
as to allow a transcript to be prepared, and there shall be no unrecorded questions
or statements. Upon the request of the interrogated officer, a copy of any
recording of the interrogation session must be made available to the interrogated
#46685611 vi
officer no later than 72 hours, excluding holidays and weekends, following said
interrogation.
H. The bargaining unit member shall not be obligated to give a second statement
concerning the same facts elicited in an original interrogation. This will not
preclude an investigator from asking questions at a later time that were not
covered by the first statement, The bargaining unit member's interrogation will
take place after all other witness statements have been takers, unless a situation
occurs such as;
1) After documented and concerted efforts to locate said witness a witness is
thought to be permanently unavailable,
2) The necessity for taking other witness statements becomes apparent after the
interrogation of the bargaining unit member wbo is the subject of the
investigation, or
3) A supervisor in the normal course of case review makes a determination that
the case must be returned to the investigator for additional witness
interviews.
Should this occur, the bargaining unit member who is the subject of the
interrogation shall have the opportunity to present rebuttal evidence,
I. No mechanical device, including, but not limited to, polygraph, or psychological
stress evaluator, etc., shall be forced onto a bargaining unit member nor shall
disciplinary action be taken against a bargaining unit member who refuses to
submit to "ch testing, However, a bargaining unit member may request such a
test.
#46685611v1
ArficRj, 9
LINE OF DKIV URIMS INL_
9.1 The City agroea to pay all medical and hospitalization expenses as provided by Florida
Statute approved by the City and incurred by a bargaining unit member covered by this Agreement
who is found to have s;ustaiaed a cornpenKtblo line -of -duty injury providod the bargaining unit
member and/or supervisor gives notice to Risk Managnrneat, or Third Party Administrator as
provided for by the Wo&ersl Compomation Laws of the State of Ffod,& If the bargttiniag unit
member fails to provide the required notice, he/she will waive any supplemental benefits over aTid
above what is provided for by the warkers' campo-asation. lawg. However, the patties agree to
estabfish a Police Labox/Martagement Committee to establish policies wid to detenmiae how to
provide medical troatmcnfian,d equipment, ctc, inedically eqaivalentto that prescribed, by the raost
officiorit and cost effective means to curtail excessive medical costs 1br accepted claims in the,
following arms:
HeaM Club and Countty CIO memberships
Capital improvements on the, home
Transportation
Medical equipmentfor home use.
Tlie Police Management CommiVQQ shall cunsist of one member appointed by the FOP
.President, one as embor appointed by the Chiof of flolko, and one member sActed, by th"(G two
individuaK An individual appohitod byllie Director of Risk Managernont will serve as a Weluiicdl
advisor mid Raison wifli. the jnedioal conanivaity,
Any additional -medical and hoapitafization requested outside the provisions of Chapter
440, Florida. Statutes, will be considered on a case —by —case basis at the 8ale, discretion of the City.
#465034.50 v I (A5 of 1,11,22)
'rho decision, to provide additional benefits will be based on; 1) whether the ti-eatment is doe. tiled
reasona 'b le and mn edically eecssaryby a. peer review physician of the City's choosing; 2) Whether
there is -unrefuted evidence that shows the same or equivalent Iyeatment cannot be provided by a
bealth care provider at Florida's MQdIcal aad Surgical feo, schedule within fifty (50) miles of the
claimant 7sresidence,
9.2 Eff'octive as soon as a(4ninistratively fbasible after ratification, flio parties agroo the City
will pay the state mandated workon;'cornponsati.Dn indeamitypkiyinents to eligible bargaining unit
members as a check separate from any other salary to which a bargaining t�nit niumber may be
entitled.. The bargaining unit inember agrees to sign dais workens' compensation check back to the
City. Ille City will also issue a second chook to the bargaining unit member which will Onsist of
an Eunount equal to the workers' compensation payi=nt'and the supplementary salary as 6et cyat,
and subject to the limitations below, After those deductions with inandated preference under
:fe
deral law, the, City agrees to take deftctions and/oT credits from this second paycheck: H) the
following order- works rs' compensation (will be indicated on lbo chcetc, as a credit for the City
and will, be non-taxable), pension, bealth in8uranee., and any other dQducdons, The Patties agree
that, this procem is intendext to provide tho bai-gailihig unit member with these paychecks without
. . . . . . . ...
interrupti oils,
Should the bargaining trait -member reft),,�e toxetum the workers' compensation clieck to
the C ity, the Ofty shall cease malcitg any deductions for the bargaining unit member from the
second check Bor pension, health insuratoe, etc. and tho bargaining unit.tnmber shall then be
completely responsible for making those payinents can his/her own, -until the bargaining unit
member eleets to participate in tho payclieok system h8c ribed. above in section 9.1.
93 MLOVAeLrl �Cofn
2
P46503450 vi (As i?f 1,31 -2?)
The City agrees that any ba-rgainjug unit merabor covered under this contract who is
disabled as a result of an accident, injury or illaoss. incurred in the line. of duty shall be granted
workers' compensation indemnity bwedis, mibjoQt to the following conditions,
To the extent required by.and subject to the hinitatiom speciflod in Chapter 440 of tho
Florida Statates, the My shall provide worlmrs' compensation inderanity ben6as to injured
employees.
9A Suu
`M, City agreos that any bargaining iv)ftmember covered under this contract who is
di4abl.od as aresult of an accident, i Jiiry or fflaess, inourred hi the line of &A shall be granted
A] Y
qupplemontaty salary, subject to the following (,,onditions:
Supplementary salary will be paid in. tho forin of a cona=afion of the bargaiaingunit
mcmber's regular payelieck, as provided by Resolution No.. 39802. Thi.s check will include thaw
indernnity payn-vents providod for Lmder Workrrs' Compensation. Law. It is agreed by Me parties
that the combination of siippleniental and worker's compaiviation pity shall not exceed nor be 1088
than one hundred percent (100%) of the bargaining unit member's weekly net baso pay (exotuding
o,7ertirae and miyPayqupptenionts not included in the bargaining unit mumber's base salary} prior
to the Eno of duty fizjury, accident, or OCOLtpational disease,
Supplementary salary shall only be gramed for a period of one hundred tuld frRY (150)
consecutivo days from the date of injury, Said siipplomentary salary may bo extended lip to an
additional sixty (60) (xmsecutive days for scrio-as injuries upon approval of the City.Managm' ar
his/her dosignioe. The one hundred fifty (150) days begin when the bargaining unit .member is
actually plaecd on "D". While the bargaining Emit member is on "D", siwh finie will be calciflatod
3
J146504.50 vI (A-, of 1.31.),2)
consoo-atively inoluding days off. If the bargaining unit Member is removed from 'T", the non
"D" tune will not apply to the ono hunch-ed fifty (t 5 0) day pori od.
If a bargaiaing'anit member xemains temporarily disablod beyond the period of time in.
which he/she, is. entitled to collect tho, 100%srapplcmentary pay benefits, he,/sheshall be entitled to
stipplementary pay equal to the 2/3 "D" paymen.u.pui-suant to oun-ont practice.
9.5 If a bargaining unit member, becomms Permanently and, Totality Disabled (PTD), as
determined by a City approved attending physician, from the father perf6,rmanw of the duties of
his/her classifled position thQu at the end of one hundred four (.104) weeks of disability, hebklAe is
considered to hate reached statutory waxim'Lan medical ix-alvorvemmt and is mquiTed to petition
:the retirement board forreti-renient, othorwilse he/she must,
0 Request for a ninety (90) day uppald leave of absence under ffie. Family Medical
Leave Act (FULA),
* Apply fbr another City position;
0 Itesigg,
v BedisiiTissedlay Del) art.moti-tAotio.n
Dw supplementary salary of the difference of 2/3 ",D" as deacxibedabove shall. eontinue until the
F,l,P. 0. board concludes the, hearing With a Snal determ.111ation. For puiposcs of this ardole, in. the
event of a mental finpaimient shall be deemed disabled ifpermationfly a -ad totally tuiable to engage
in. any usefifl arid efficient service within the City. Mambewable to engage ift any useful and
efficient service within the City will not have their pay and benefits reduced duringstich alternate
assignment,
A grw-ited FMLA. requQst will postpone any ffirther actioii for the, period taken -tip to is
statutory liniftation, H the bargainhig unit inember has pefifiuiied the rairement board for
4
1140034ASO Y1 (Ai vf
retirem,ent, the bargaining -wift iw-inbcr will reniain, oil their owrent. status until the retirement
board bas finally granted or dwiQd the retirement.
If during the 'tune of up to one hundred f4or (104) works of disability, it is determined by
the: City or thQ bargaining unit member's City -approved attending pbysicfan that the, Member is not
PT.D -nor full duty with reasonable aeconmiodatioiis,, the bargaining unit member may roquest to
be allowed to work- on a tea poraty basisThQ xequcst shall be made in writing and directed to the
City Manager or &Mgneo, Cirantitig this mquest is based upon the medical.restrictians placed by
his/her City approved attending physician and available asslgm-aent&
The DepartiftG,,nf at its fflqcretion. may maintain tip to a total of twenty (20) tempmary iion-
binding assigwents fox tfte sole puaposo, of initigating an.'undue hw-dship on the bargaining unit
wombor injured in' the line of duty. These temporary positions will be filed by members,
accordhig to sworn classification, on a first4 first -out basis -upon conplefion of FIPO's "Final
Deterniinatimi Hearing. OnQQ the 20 positions are filled, the next b,,vgai-ning unit member to be
classified in this sta-his ia tt-.LO respective category will b-titup out the bargaining unit member w1lo
has boen occupying the position the longest, A bargaining -a-.ujt member who is "buraped" out
Request for a ninety (90) day impaid leave of abwnce under the rMLAI;
* Apply for another City position;
v Resi gm;
o Be dismissed by Depattjnental action
A gtautod FMLA request will postpone any ftirther action for the period taken up to its
statutory limitation,
#46503450vI (A8 of 1.31,22)
Any bargaining unitmember placed on 'Thnited Duty" status prior to January 1., 2007 mid ,
presently -working in assignment shall be altowod to remain working -in. a I inilted duty capacity
unfit the bargaining unit inember's employment tonninates or the bargain ig unit rise fiber retires,
However, if at any tinie tho bargaining unit membov returns to a disabled status, he/she will not be
porn.-nited to re -turn to a limited duty status, He04-to inay only be allowed to tetuni to work if full
duty.
Upoti assiTaiing a dimbled status, the bargaining unit member may cantinue receiving
boncfits as stated in the above paragraph until the time limitations and are perinitted benefits bayu
been. oxbausted. Afterwards, tb.c membm must:
o Requ(st for a ninety (90) day unpaid leave of absence under the FMLA.;
Apply for atiothor City poaition,
0 Resign;
a Be di=issud by Doj)arltnental actian
A granted FMLA request will postpone any ft.ther aofioji for the period taken up to its
statutory limitation,
Bargaining imit members that have been gyandfafliered are not considered, part of the
tww. . Ay (20) temporary positions described above,
9.6 At any time during his/her absence from duty claimed to be flio result of a line of duty
injury while the batgainitgy unit movaber is collecting Otysupplemontary pay, the bargaining unit
member shall be required, upon the request of the City Manager, or his/tier designee,, to Submit to
a physical examination by a physician designawd by the City Manager within fifteen, rags of the
rcqiest. If suoh. bargaiaing unit member, without cause, as determined lay the City Manager, shalt
6
446503450 vI (As of 3,3 L22)
fa to submit to the examination at the time specified, all City supplementary salary benefits will
be Urminated,
9.7 Deductions on Worker.' Cvni eigsaflon Pa menti VIM SU lementary Sakaij
in the twejil the line of duty injury enfitles the, bargaining unit member to a workers'
compensation benefit and a siappleinentary benefit, the bargaining unit member shall authorize the
City to combine the two (2) payments and additionally au(horizr that the City continue to make
regular payroll deductions as follows,:
1. First Level: FedoTal and State mandated deductions (for example, MedicaTe,
social vciirity, withholding, and child support or gamishmonts),
2, Second Level, Pension contributions (the amount of the pension contribution shall
be based. on wi.iablc compensatian. as defined by Miarni Code Saotioii, 40-19 1), medical and life;
ingutanoc contributions,
I Third.Level: A weekly ain.ount of eighty eight dollas and nhiety five cents
($8 8,95) (oat hcmdrod and 3ovonty sevon dollars and ninety ctmts ($177,90) bi-weekly) deducted
firom supplementary salary while can workers' compemati(m, SliouldthQbai:g4iniiigiiii.it.i,.ncinbor
receive supplemoubvy and workers' compen.sation pay for less (barn as week, the eighty eight
dollars av,d tinoty five cents ($88,95) wookly dedau(ion shall bo prorated as appropriatc for the
days, the bargainhig -unit member was on workers' compensation.
4, All other; vol antaq deductions: The City is no[ obligated tea lake deductions to pay
fax providers or creditors If the workers' compensationbonefits plus. the supplementary salary does
not cover the amount of the deduction, My and all deductious after Level -#I will be made, an the
bvgaining unit nierabc:r's behalf to the, c-xtent that suffioiotit fan Ws are available, If there are not
sufficicrit Rinds available, the bargaining. unit mernber will be responsible f6r making those
7
W503450 YI (As of'1,31,22)
payments directly to those providers and creditors who would have otherwise been paid through
the payroll deduction process.
5, Without written consent for tbose deductio-ris o-afli-ned above, tho, City will not make
arLy rogular salary deduotiow other than. those nwidated. by law and the, bargaining unit inember
will be responsible for all regular deduct[ons hicluding but tot liwited to pension contributiwis,
medical zu-Ld life, insurance benefits,
No suppletnentary salary will be paid to auyoncinjurod while performing an act Intended
to inJure or hart one's self or anotbQr.
9A The parties agree that whore a Bart ainitig unit member resides vulside the Jurisdictional
limit's of the City of Miami and the said bargaining unit a).Gnib er is injured going to or coming
from work within a reasonable period of time from the commencement or termination of bis&r
tour of duty on a rQ8,soaahly direct route of fravel, said accident may be considered as occurring in
the lh-ie of duty, 'Mis provision is not applicable if the bargaining unit member is charged with
0
driving wader the isiflueace in violation of the proVisiow; of Chapter 316 of the Florida Statutes
entitled "Stato Uiff, . TraffIc Control."
Z
For the city.
Date:-
#46503450 v] (As of t—I 1 M)
Article 10
NOTrCF.c
10.1 The City agrees to provide in a timely fashion to the F.O.P. President or designee the
following notices or bulletins: City Commission Agenda, Civilian Investigative Panel Agenda, and
Civil Service Board Agenda, Supervisors report of injury within one week of the incident being
reported or any other material which the City Manager or the Director of the Department of Human
Resources determines would affect the terms and conditions of employment of the bargaining unit
members of the F.O.P. The F.O.P. President may, within reason, request other materials, which would
affect the terms and conditions of employment of the bargaining unit )members of the F.O.P.,
excluding exempt ).materials under the Public Records Act.
10.2 Such notices and bulletins will be delivered to the F.O.P., or may be picked up at the
Department of Human Resources, Division of Labor Relations during normal working hours.
For the City
Date: F C� -''�
#45216768 vl (As of 8.31.2021) 32
Article 11
BULLETIN BOARDS
11.1 The City will on the home page of the Miami Police Intranet site dace a link to the F.0.1'.
Website. The FOP website currently -is www.fopmiami.com. The link will be clearly visible and
easily accessible to all bargaining unit members. Should the website change, the city will make the
char Je upon notice from the F.O.P. President.
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ii-� �...:�:.,..a�..�.� �::=�.�rr��sc...����/:a:��/RAsi•/�w�a�i�w��lnlua/:4r/lf�a�f••oiuuiuwIMu■
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The F.O.P. will also
be permitted to send electronic notices to its members on the City E-Mail system upon approval of
the Chief, whose decision is not subject to the grievance procedure.
l
For the City
Date: L
Article 12
DEPARTMENT DISCIPLINARY REVIEW BOARD
12.1 It is the purpose of the Departmental Disciplinary Review Board to provide a method of
ascertaining the fairness and consistency of punitive action for infractions of the Departmental
Rules and Regulations, Departmental Orders and other Departmental Directives. A part of this
review process is the Departmental Disciplinary Review Board, which makes advisory
determinations and non -binding recommendations to the Chief of Police on matters of discipline.
Departmental actions against a bargaining unit member arising from a claim of fitness for duty or
workers' compensation shall not be reviewed by the Departmental Disciplinary Review Board or
the Departmental Disciplinary Review Board Chairperson, Any decisions by the Departmental
Disciplinary Review Board or any policies established by the Departmental Disciplinary Review
Board are not arbitrable under this Collective Bargaining Agreement. The Departmental
Disciplinary Review Board does not possess adjudicators or quasi-judicial powers. As such, its
hearings are non -adversary in nature; the bargaining unit member appears before the Board
voluntarily at his/her request, the bargaining unit member shall be entitled to representation by a
bargaining unit member of his/her choice All sworn bargaining unit members, prior to the final
determination of a monetary fine, forfeiture of time and/or suspension in excess of two (2) tours
of duty, demotion or dismissal shall, upon written request of the accused, if submitted within ten
(10) working days, be afforded a review of the recommended action by a board composed of five
(5) members of the Department, two (2) members selected by the Department Head and three (3)
members selected by the bargaining unit member from a standing list.
12.2 Written disciplinary actions that result in loss of time not in excess of two (2) tours of
duty may be reviewed by the Chairperson of the Departmental Disciplinary Review Board if the
disciplined bargaining unit member requests a review within ten (10) working days, excluding
holidays, of the incident that gave rise to the disciplinary action. Upon receipt of the Chairperson's
decision, the disciplined bargaining unit member upon appeal within ten (10) working days,
excluding holidays, shall be afforded a Departmental Disciplinary Review Board Hearing.
If the bargaining unit member is charged with a forfeiture of time such forfeiture shall first be
deducted from Compensatory leave followed by Vacation leave.
Exceptions to the above will be as follows:
a. If a bargaining unit member refuses to undergo controlled substance testing, the member
shall be on no pay status pending termination.
12.3 Since the Departmental Disciplinary Review is at the request of, and for the benefit of,
the bargaining unit member, no paid overtime or compensatory time will be given for attendance
before the Board; however, a change of work hours shall be scheduled, if possible, so that the
bargaining unit member will be working during the hours that the Board is convened.
12.4 It is agreed that the convening of the Departmental Disciplinary Review Board shall be
effectuated as expeditiously as possible following the written request of the accused bargaining
unit member. Should an accused bargaining unit member facing termination request to continue
a hearing or delay it's convening, then it is agreed that the bargaining unit member shall waive his
emoluments in exchange for the continuance of the hearing. Continuance or delay of the
Departmental Disciplinary Review Board upon the bargaining unit member's request shall not
exceed 150 calendar days, unless in the sole discretion of management a further continuance of
the Department Disciplinary Review Board would be approved.
12.5 Administrative actions taken that result in the bargaining unit member being carried "W"
or "WW" shall subject to the review of the Department Disci i a Review Board.
pf
For the City Fo t e Union
Date: 6b (
Article 13
RECALL AND COURT TIME
1.3.1 If a bargaining -unit member is recalled to work he/she shall be paid from the time of
notification in accordance with Article 15, Overtime/Compensatory Time,
13.2 If a bargaining unit member is required to attend court or other proceeding arising out of
the course of his/her official duties at a time other than his scheduled work shift, he shall be paid
a minimum of three (3) hours at one and one-half times his/hex straight time hourly rate or an
equivalent amount ofscheduled compensatory time off.
1.3.3 A bargaining unit member performing work or required to attend court or any other
proceeding arising out of the course of his/her official duties at a time which is continuous with
his scheduled work shift shall be paid. at his/her overtime rate consistent with Article 15,
Overtime/Compensatory Time, and the minimum three (3) hours recall shall not apply,
13.4 A bargaining unit member eligible for overtime, attending court or other. proceedings
arising out of the course of their Official duties one (1) hour or less before the start of their
scheduled tour of duty shall receive one (1) hour of overtime,
13.5 A bargaining unit memb or eligible for overtime for attending court or other proceedings
wising out of the cou so of their official duties one (1) hour or less after the end of their scheduled
tour of duty shall be paid at their overtime rate, consistent with Article 15 -
Overtime/Compensatory Time for the time period starting from the end of the bargaining unit
member's work shift to the end of court or any other proceeding arising out of the course of his/llex
official duties proceeding or for one (1) hour, whichever is greater.
#46693029 v1
out Of ft ooursellorbiAer'offilcWRes for a *odWhioh is gmater thm on 1) hour
and less than'and ofte Minute wed cad ofhisker tour of
duty, a cpaid'at his oveffimeMe pmuant. to A&Ie 15, Overtime/compensatoryTt fo
either the three, khourmimmum or for the mmba Of hom elapsed fmm tho s6eduled
car t= of d.uty to me ` 'the court mceedinmWhichaver is gmto,
®BargaiWaS Unitmembmwho m on authorized di ,ity or leve, and m obli"Pted
t :'hM A ph�Y!Sd r6or�tD tqePMMting f0r'Mik SW nOt
wM not or overt!= Pay.
Frig
Date: Y
Arfigt-a
TRANSFERS
14.1 ft shall 'be the sole right of the Gbief of Poli(:e to transfer bargaining unit
membenju specialized imits for disciplinary reasopz pruvidQd however, that the bargaining unit
member may appeal such a trajisfcr under tiro grievance, procedure set forth iii Article 6 of this
agloolnent. bargaining unit membors shall be notifled six, (0) calandat days prior to transfer,
except when, the nature of a particular situation requires an immediate but temporary
roa,ssignmQnt, or an oniployee returns to work on a th-nited/light duty status and the bargaining
wfit inevaber's physical limitatium prtctudo the bargaining -nit.member fi-om being asqigaed to
his/her previouq assignment,
.I' A transfer means a change for more than firve (5) oonneeufivo working days, a
Oiangeffi hours, oracMingoinday8 off,
xequitement arc temporary changes of hours or days off necessitated by special events (except
'for the Special events of Calle Ocho, Throo Klags Parade, Martin 1.11(her King's.Paradc or. any
draft event hold on New Yeax's live, Apt Basel), civil distabaacos, acts of God, and other
olnergelicy Situations as determilledby the, Chief of Police, The, six (6) days' notice, shall be
waivod upon conscm of die bargiffiing unit menibor.
For the City
Date-,
0465CB55 v] (As of 131,22)
Ar—dele 15
0 'IME/COMPENSATORY TIME
15A For the terin of.'this Agreement bargaining unit membas shall be paid Ono rind one half
(I V2) times their regular rate of pay .Tbr all work perfarmed in excess of a bargaining unit
member's normal. work day or in excess of a bargaiting -w-tit member's normal work week, and
shall be, considered ovortime work.
1.5.2 Bargaining unit mombers pertbimh-ig compensable overtimo work. shall, at their
di,scretion, be paid time and one-half at flicir straight time hourly -rate of pay or sffiatl be
givm compcnsatory time at the rate of do iQ and. one41alf (1 V2) for &Lch work, This overtime rate
shall be ail -inclusive and no additional compensation in (he f.bnn of additianal holiday pay, etc.,
shall be paid,
15.3 The parties agree that tho daily overdixto requiren-tents as set fbith in this contract shall
not apply in any futare FLSA fifigation concerning a matter for whic.11 daily overtime is not
Curretilly paid or for off —duty maintouance of any take home eqripmtnt used in the scope of
employment. Practices instituted by man agernent are not suljcct to the forogoing sentence,
15.4 The, maxiinum accumulation of compensatory time hotiTs is two hundred (200), Any
... ..... ....
.hours in excess of two hundred (200) will be paid out at current, hoivly rate. Bargaiiiing unit
members are encouraged to mquest componsatory leave far .in advance as possible, Request for
compensatory thn€ iinist be ,,made ton (10) days price to the requested day(8). A maximum of
forty (40) compensatory WrLe hoi-u-s per mwith shall be authorized to be utilized when minimum
staffing cannot be maintained as determinod by the Chief of Police or desiguee, A maxiniLun of
ton (10) compensatory time hours Aiall be authorized to be udl=d on Friday� Sawrday, or
Swiday When ininliumn staffing cannot be maintained as determined by the Chief of Police or
#46501051 Y1 (As of 1,31,22)
designee. Com.pensatory time Shall. not be titilized in cot&nction with. vacation or training when
naininium staffing cannot be maintained as determined by the Chief of Police or d'esigneD, If a
reqLmst is .mWe within twonty-four (24) hours, the request for approval will rest with tho
c un=anding officer. When'rninhnuin staffing owinot be in.ai ntaiiied its deterniinod by the Chief
of Police or designee, then. compensatory timeshall -not be utilized during the holidays listed in
Artiole 20— Holidays, or during special eveats, e.g., Halloween, Super Bowl, etc., when ronjor
deployment of personnel is requirod, Requcsts submitted within ton (10) days prior to the
requested day(s), may be gratited at the sole disoretion of managoment p-=mant to minim -Um
staffing. When as bargaining untt metilber taros compensatory time off, the hours in his bank
shall be appropriatelyred-acedby such Limo off. If a bargaining, unit .rneinberleaves the service of
the City and casbos in, his batik, the hours therein shall be valtiated on the basis of the rate ol"pay
earned by the bargsining unit meiriber dwing the lasn pay period,
.15.5 111 the vent, a state of einergeacy is declared due to an act of God, and the City
Manager grants emorgoncy leave, such feavc shall. not be included fil determining eligibility for
overtime. The bargaining unit member utilizing such leave shall be paid straight dine for those
hours worked in excess of their normal. work clay or in excess of 1hQir normal worn. week. eqaal to
the uwnber of hours tak-m as emergency leave-, before overtime shall apply,
15.6 The parties agree that overti= hours shall tot be used in tho compulatioll of alTivilig at
average earnings for purposes of establiaihing peiision benefits.
15.7 'The parties agree that amigamoiits of over6aie work. shall rest 861ely with the Chief of
Police,
#46504051 Y1.(As of 1.31,22)
15.8 The pubes agree that die assigninunt of owrtime work is on an involuntuy basis and
any "bar gaining emit moit� ber refir8ing assignment of such wark is subject to disoiplimuy action as
doomed appropriate by the Chief of Police.
iTr the City
Date:—
N6504051 vI (Ai of 1.31M)
Article 16
4-10 WORK SCHEDULE
16.1 Those operations currently working a four (4) day, ten (10) hour work schedule will continue
through the life of this Agreement.
Bargaining unit members at the rank of Detention Officer will not be entitled to work a 4-10 Work
Schedule.
16.2 Should the Chief of Police determine the 4-10 Work Schedule in its entirety or in part is
detrimental to the efficient operation of the Department, he may discontinue all or that portion of the
4-10 Work Schedule deemed to be inefficient after reviewing his reasons with the President of the
Fraternal Order of Police, Lodge No. 20. Should there be a disagreement as to the discontinuance of
the 4-10 Work Schedule, the F.O.P. may grieve according to the provisions of Article 6, Grievance
Procedure. Discontinuance of the 4-10 Work Schedule may not occur unless the parties agree or an
Arbitrator so rules. Nothing shall preclude Management from implementing a 4-10 Work Schedule
in those divisions deemed necessary by the chief on a temporary or emergency basis not to exceed
thirty (30) working days. Such temporary or emergency 4-10 Work Schedule shall not preclude
Management ending such assigninents when Management determines the 4-10 Work Schedule is no
Date: /(— -0 D--
Article 17
STANDBY
17.1 Standby assignments issued by the City of Miami Police Department for reasons other than
assignments connected with a court appearance shall be compensated at the rate of time and one-half
of the bargaining unit member's normal rate of pay with a minimum of three (3) hours.
17.2 Standby is defined as receiving instructions from authorized personnel to remain at a
specific location for a stated period of time.
'z
V
For the City
Date: ? ..- , — c)—J
#45216768 v 1 (As of 8.31.2021) 43
Article 18
MAGF,
18.1 For the duration of the Agreement bargaining unit members not at their maximum step
will be eligible for step increases on their anniversary date, Effective the first full pay period
following_October 1, 204-921, bargaining unit members will receive a three percent (3%) across
the board increase to their base wages. _Effective October 1, 204422, bargaining unit members will
receive a two percent .(2%). across the board increase to their base Wags, and.-9ct�her'�,
h gaiaiWunit�i:nemb reent ° ear tpt
wftges:
18,2 Any bargaining unit meraber hired on or after the effective date of this agreement, and
any existing bargaining unit member hired prior to the effective date of this agreement who did
not already receive the FDLE certification bonus shall receive a one-time FDLE certification bonus
of one thousand six hundred forty eight dollars ($1,648) upon completion of probation, regardless
when hiAer probation is completed. The FDLE certification bonus shall not be included in
pension calculations of average earnings.
18.3 All new hires in the classification of Police Recruit shall be paid five percent (5%) per
month less than Step 1 of the salary range of the classification of police Officer until the zecruit
graduates from the police academy and passes the state certification exam at which time such
bargaining unit member shall be eligible to be paid at ,Step 1 of the salary range. The period of
probationary service shall not be less than eighteen (18) months nor more than twenty-four (24)
months, unless extended by the department or unless provided otherwise in this article.
Bargaining unit members hired directly as certified Police Officers with prior law
onforcement experience from the City of Miami, not including corrections, who are not required
##46458624 ul (As of2,19,22) 1
to attend the academy, shall be placed at the pay steps in Appendix A commensurate with their
years of prior law enforcement experience at the City not to exceed step 4.
Newly hired bargaining turit members shall complete six (6) months of satisfactory
performance in the Field Training Officer (1j.T.0.) program, which includes four (4) months riding
with a field training officer and two (2) months riding solo, and further complete six (6) months in
.full -duty status with satisfactory peifoz-mance, The period of probationary service shall not be less
than. twelve (12) months nor more than eighteen (18) months, Curless extended by the department.
18.4 Upon. retirement (all binds, including vesting), bargaining unit members shall receive a
retroactive salary increase of five percent (5%) for the bargaining unit member's last or higliest
one (1) year's salary.
The five percent (5%) salary increase shall be reflected in the hourly pay rate for the
purpose of calculating leave balance payoffs. The five percent (5%) salary increase shall not be
applicable to overtime.
18.5 Any City of Miami employee, unless a former City of Miami police bargaining tout
member as specified in 18,6, who transfers or is hired as a police officer into the City of Miami
Police Department as a uniformed bargaining unit member shall be placed at a step in accordance
with Appendix A, and serve a probationary period as specified in Section 18.3 above,
18.6 Former police bargaining unit members who left the employment of the City of Miami
Police Department under honorable conditions, as determined by the Chief of Police in his/her sole
discretion, and who were approved by the Chief of Police, shall be placed on a reemployment list
provided the former bargaining unit member is a State certified police officer. The reemployment
list shall be considered separate from the eligibility list for new hires,
#46458624 v1 (As of 2.18,22) 2
Those on the refire list may be hired by the Chief of police at his/her sale discretion, as
openings occur without regard to the eligibility list for new hires. In addition the following shall
apply:
A. Eligibility shall be limited to three (3) years following the effective date of
.resignation.
B. Under conditions set forth above, any former permanent City of Miami police
officer who is reemployed, as a City of Miami police officer will be planed at a step
in accordance with. Section 18.3.
C. Complete six (6) months of satisfactory performance in the F.T.O, program, which
includes four (4) months riding with a field training officer and two (2) months
riding solo, and huther complete sip. (6) months in full -duty status with satisfactory
performance. The period of probationary service for such employees shall be
determined by the Chief of Police in his/her sole discretion, but shall not be less
than twelve (12) months not more than eighteen (18) months, unless extended by
the department.
18.7 Effective the first full pay period following October 1, 20219, bargaining unit members
currently rently and actively working (not relieved of duty for any reason) in the wh &wA- Y � below
listed assignments, shall receive a five percent (5%) pay supplement (to be prorated and paid on a
bi-weekly basis) on their base rate of pay. Captains of the below „listed assignments are not elm
for this nav stioDlement.
A. Neighborhood Resource Officer
B. Mounted Unit/Motors/K-9
#4645M4 vl (As of 2.19.22) 3
#46458624 vl (As of 2.18,22)
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®. _ "Police Officers (Investigators) and Sergeants (Investigators) assigned to the Office
of the Chief, bvestigations Division, Inteinal Affairs Division, .recruitment and Selection Unit,
and Traffic Homicide who predominantly perfoi-in the duties of investigating cases as determined
446458624 vl (As of2.18.22)
by the Chief of Police will receive the annualized pay supplement. The annualized paysupplement
will only be paid to bargaining unit members assigned to non. -administrative positions and either
investigate or supervise the investigation of cases.
Qualifications
(a) Not less than fifteen (1 S) consecutive years of service as a sworn police
officer or sergeant in the department.
(b) Currently assigned, anti no less than previous two (2) consecutive years
assigned as a police officer (investigator) or sergeant (investigator).
(c) No evaluation below satisfactory.
No sustained IA investigations with a reprimand as discipline within the
past two (2) years.
Under the below listed circumstances, bargaining unit members receiving
Police Officer (Investigator) or Sergeant (Investigator) pay shall forfeit such
pay when:
(d) Transferred out of the position of Police, Officer (Investigator) or
Sergeant (Investigator),
(c) promoted,
(1) Relieved of duty or administratively reassigned (temporary loss during
period).
2. .Application for Police Officer (Investigator) or Sergeant (Investigator)
supplementary pay, shall be the responsibility of the bargaining unit mcinber
and shall be made via a redline memorandum submitted through chainiels to
#46458624 v1 (As of2.18,22) 6
the chairperson of the Police Officer (Investigator) and Sergeant
(Investigator) Committee.
3. Police Officer (Investigator) and Sergeant (Investigator) pay committee shall
be comprised of one F.O.P. representative, one Department representative
assigned to the Investigations Division, and one representative chosen by the
first two (2) members. The committee's function will 'be to review
applications for recommendations of approval or denial to the Chief of Police
for final approval. The committee shall also review appeals and disputes
arising out of the granting or forfeiting Police Officer (investigator) and
Sergeant (Investigator) pays. The committee shall establish its own rules and
procedures.
EE.Certified Underwater Recovery Specialist Diver Assigned to the Marine Patrol Unit.
FF.Effective the first firll pay period following October 1, 2021,9, bargaining unit members
and supervisors active or managing the Bon2b Squad will receive a ten percent (10%) pay
supplement (to be prorated and paid on a bi-weekly basis) on their base rate of pay.
F. Effective the first full pay period following October 1, 204-821, bargaining unit members
and supervisors active or managing the S.`N.A..T. will receive a five percent (5%) pay supplement
(to be prorated and paid on a biweekly basis) on their base rate of pay.
18.8 Bargaining unit members active in the below listed assignments shall receive a pay
supplement as indicated;
A. Certified Instructors (CJIS) assigned to MPD Training Unit— two percent (2%).
B. Crisis Intervention Teams - two and one half percent (2.5%)_
M6458624 A (As of2.r8.22) 7
C. Bargaining unit members active in the assignment of Field Training Officer will
receive a five percent (5%) pay supplement (to be prorated and paid oil a bi-weekly
basis) on their base rate of pay.
D. lhi9'_1wo fan a4ni . ism ufn�. avn n4iv rn i.� Sys Ga �, .1 n �la�# ••f`'TLZ7 2IGS�riY GQIIICPL—CC
tv�' ni�)v4uet.nnl�wo../•(+.i. p-paid
E1 �3=—vrrczy rmmcs�
Bar ag inin,g„unit members active in the assent of
Bicycle Response Team will receive a five vercMt 5% a su lement to be
prorated and paid on a bi-weeklybasis on their base rate of a ,
E. Bargaining unit members active hi the assigunent of Drug Recognition Expert
(DRE) will receive a five percent (5%) pay supplement on their base rate of pay.
DRE assignnents shall be limited to no more than fifteen (15) officers.
�'. ei�ic.�__Uniforrn Patrol 6Jfficer�"._and "5en,ior Unifarm Patrol Sergeants" will
receive a three (3%}day ssuplement on their base rate of pay. The annualized r)a
dement_will only. be paid to bargaining.unit members assigned to non-
adrninis .xive t�ositions cluding frontWdcsk Qfficexs.
�_ (�ualiClcatioX�5
�- Senior Uniform Patrol 0 cer
La)--- Not less than f en l5consecutive ea of sgnd as
swam police officer in the department.
r�ltl ass i and no less ,,,.ihan previous two . Zi
consecutive aus assigned to th Field Operations ' ision.
N evalua 'iQm below satisf c o
-*46458624 vl (.As of2JE.22)
No -sustained IA javestiggi2plaM a ropr_imand as discipline
.._.___.....
within the past two (2) vearL
b) Son ior Urti P 1' E aTA
Not less than fAfi:ee l S) congeraitive years o - service in the
fb)...-- Currently at rank of Serant ar�d no le s fh a re 'ou
years as a Sergeant.
e MO ssl s than reyA uS %
cQueoulive 3mm..assi,gaed to_uaifoM NET as a Sergew t.
No e atio , elo atis to
e No -a i nine IA in fi ti s ' h a primaud as discipline
with_the past two (2) spars.
2. Under the below listed eircurAastancc a bard ink ink 1it� it; members fie_ ceiving
"Senior Uniform Patrol_, Officers" or "Senior Uniform Patrol Ser e� ant" taav
ssl forfeit sudh.paywhen:
a ransfe ed._out ofuWf"orrn TTET.
_Promoted.
0 Relieved _of duty or minis ati re s i e tem ar loss
during period).
I A l Qatiou for "Senior I.Jnifonn Patrol Offiger" m"Senior Uniform Patrol
S can ' 1y shall be the reg onsib' it of the bargaining unit cinb and
� ll bQ rnade via red line memorandum submitted t rough channels to the
chairperson of the'-Sfmior Uniform Patrol Officex" comA . it -tee.
#46458624 vt (As of 2,18.22)
nior Uniform Pa Off c d "S ni r Uni Patrol Sergeant"
„�,�zr]rriittee.
al The "Se��'--I niform Patrol Officer,'„md "Senio Unifo n. Poftol
Sergeant" DU comlMitlee shall be ComnriU4 of one F.O.p
re,gresmw5ye, one DwaudMent representative, and one representativ�
chosen by the t two Q members,e a itte 's fimetion
e to revie r applications ibr recon mendatiQn.s of any o a1 or a ial
to the Chief of Policejor final an2roval.�otxlmittee shall. also
review � Lind —
Les arising out the grantm or itirr
" for T Patrol Officer" or " j2ujgjjU i Petro eant"
s. !be rQm=.'ttm shall establish itand pure
G. Bargainina unit members actin in the assi nment of Trainer in the followirlg t2nits: I��9,
,SWXr, Bicycle Response Team, Motors and Field Force, will receive a two and a half pergent
(2, 5%) nay supplement to be rorated and aid on a bi-weeklybasis ore their base rate of pqy.
18.9 Under no eircumstances naay_ a bar aining unit member's combined total
supplements under this Article exceed twelve and a half percent (1.,2,5%) of their base rate o. f ay.
18.10 All active sworn bargaining unit members shall receive Cringe Prevention pay in the form
of an am-aaliced $2,700 pay supplement (to be prorated and paid on a bi-weeldy basis). Crime
Prevention pay shall be subject to pension deductiow and applicable federal taxes and shall be
included in calculating a bargaining unit member's average earnings for pension purposes.
All hours of leave of absence without pay shall be deducted from the Crime Prevention
payment on the basis of one hour deduction for each flour of leave of absence.
#46458624 v1 (As of 2.18.22) 10
18.101 Any bargaining unit rnembor, upon normal retirement from City service, or separating
under honorable conditions, as deternaincd by the Chief of Police in his/her sole discretion, who
has ,sewed for a period of twenty-five (25) years or more, shall be granted, at the time of his/her
normal retirement or honorable separation one hundred seventy-three and three tenths (173.3)
hours of pay, provided such pay shall not be included in calculating a bargaining Unit member's
average earnings for pension purposes.
18.112 Any pay supplements received shall be calculated on the bargaining unit member's base
rate of pay, Pay supplements shall not be included in bargaining unit member's base rate of pay
for purposes of calculation of overtime or for purposes of pay off of Sick Leave or Vacation upon
separation or retirement from the City, but shall be included in calculating a bargaining unit
member's average earnings for pension purposes. Should a bargaining unit member cease to be
eligible fox a pay supplement but continues to receive the pay supplement, said pay supplement
shall be recovered by the City through biweekly pay deductions fi orn the bargaining unit member's
paycheck. Such biweekly deductions will be deducted at the salve rate or amount as the bargaining
unit member was overpaid, if the bargaining unit member ceases to be are. employee of the City,
any balance due will be deducted from any monies due the bargaining unit member, including
retirement benefits, or at the City's option collected in any other legal manner.
18.123 Effective the first full pay period following October 1, 204-921, shift differential
supplemental pay shall be paid at a rate of 2.5% (to be prorated based upon hours worked between
the hours of 6:00 p.m. and 7:00 a.m. and paid on a biweekly basis) on the bargaining unit
members' base rate of pay.
A bargaining unit member that works less than four (4) hours during the established shift
differential time period (6;00 p.m. to 7,00 a.m.) will not be entitled to shift differential pay.
#i46458624 vl (As of2,18.22) 11
Shift differential shall not apply to pay for time not worked.
Shift differential shall not be used in calculating a bargaining unit member's average
earnings for pension purposes.
18.134 All changes in salary because of promotion, demotion, merit step increase, etc., shall
begin to accrue the effective date of the change, but actual payment for the same shall not be made
until the first full pay period following the effective date of change,
15.154- ]Leaves of absence without pay, or suspensions of any duration, shall cause the effective
date of the merit increase to be deferred by the same number of work days equal to said leave,
1$.1615 Bargaining unit members who have obtained or successfully obtain a college or
university degree from an accredited univerrsity in the United States, with a field of study related
to their job duties, will receive the following annual bonus (prorated and paid on a bi-weekly basis)
upon successful completion of probation, regardless when his/her probation is completed,
a, Associate in Arts Degree- $-1—,2-901 800
b. Bachelor's Dogree- $2 4001600
c. Master's Degree- $3-,fl85,400
d. 3uris Doctor, Ph.D., or Ed.D.- $479087,200
It is the, responsibility of the bargaining unit member to request for the degree bonus by submitting
a red line memorandum to the Director of Human Resources, through channels, accompanied by
a certified true original of the college or -Lmiversity transcripts. The degree bonus shad not be
included in pension calculations of earnings.
1.8,176 Any pay supplement, additive or extra pay that is paid because of a bargaining unit member
possessing a particular certification, appointment, assignment, etc., shall cease to be paid effective
#4645WA vT (As of2.18.22) 12
Article 19
TOTAL AGREEMENT
19.1 The parties agree that this Collective Bargaining Agreement represents the total agreement
for terms and conditions of employment during the life of this contract and no request shall be made
to increase other bargaining unit member benefits through the Civil Service Board, the Mayor, or the
City Commission during the life of this Collective Bargaining Contract.
19.2 Such Agreement precludes the initiation either directly or indirectly of any municipal
legislation which would result in the alteration or cost increase of the benefits agreed to in this
Collective Bargaining Agreement or to increase the cost of other bargaining unit member benefits not
specifically provided for in this Collective Bargaining Agreement.
For the City
Date:
445216768 vl (As of &31.2021} 54
Aydele 7.0
HOOT DAYS
20.1 The following days shall be eonqidered holidays;
New Year's Day
Presidents' Birthday
Mernorial Day
Tndependonce Day
Labor Day
Colwnbus Day
Vetetans'Day
Thanksgi-ving Day
Day aftu Th-wksgiving
Christmas Day
MattinLarch or King Day_ JuneLe,2nth
20,2 Any additional holidays declared by official directive of the City Manager shall bo
added to the above list,
20.3 Bargaining unit members pexforn.iing work an any of the above holidays shall be paid
eiaht (8) hours or to I ).hours bo Ii . a qr the number of h2_Ws egual to the bar aining j�nit
me—nibe tirac and ono -half (I'/;,) of
tbeir straight th-rie hour[y rate or shall be given scheduled compensatory time at the xPae of time
and half (I I/?-) but suet pay Bor a holiday worked shall riat be paid in addition to overtime pay.
20.4 All conditions aced qualifications outlined in Article 15, titled. "Overtinlo/Compensatory
Time," shall apply to this Article. Flours of oarnod three amuni-alated under this Article, when
added to the compensatory time earned ardor the Article titled "Overtitne/Compen8atory Time,"
,shall -Aot oxcued two hinadrod (200). Those bargaiting unit raenibers, who are assigned to
administrative positions shall observe holidays on the same dates as the civilian employees of the
City.
For the City
*16504091 vI (M of La 1.22)
Article 21
Blank page (Reserved)
Article 22
-UNIFOILM/
22,1 Upon ratification of the labor agreement by Both parties cotmnoncing the first year of
5ervice, bargaining unit ix embors shall receive a unffbim allotment of fotir (4) uniform
trousersk4U, six (6) vniform shirts, and one (1) uniform hat for their first t2y_o fliras�(32) years,
and one Wlotment of shoes, leather, and web gear for the first yeast`. Thereaft- -or, every other yw,
they Shall receive; an allottgolit
authorized deal gr.
the selection of loath.ej., accessories and/or
uniforins, the bagaining unit mumber will not be entitled to a credit or refund should such.
sOlectiot, riot equal the dollar ania-unt Specified above.
22.1 Alt worn bargaining twit jzemibers, depolading on assignmont or exhibited need as
dotom-ined by the Chief of Police or dosigazo,shall be ftiruished one (1) set of Clam C uniforms,
one (1) got of rainwear, one (1) helmet, and. one (1) winterjac&4, which shall, be replaced as
needed Upon request by a bargaining unit member one (1) bulldproof vest shall be iaidally
provided. A replace-ment bulletproof vest shall be pro-vided upon rearrest by a barg'-wining -u-nit
member -upon reaching manufacturer's expiration date or through such police related actians that
Inak-es tho Yest110 longer safe for use as determined by the Chief of Police or designee. The
bargaining uiait meniber is responsible for requesting the initial issuancee-and any mplacer.n.ent.
22.3 On a year when a bargaining twit inombey is not entitled to any uniforn-I aflntmeIlt'
he/she -=y request tip to four (4) 'uniform trausevqNdrts, six (6) unifbiTri shirts, and. oDe (1)
unirorm hat for replacemem of damaged, tinifbnn as determined by tb.e Chi.of of Police or
P46504121 YI (Ai fif 1,31,22)
de,6gn s , however, such replacement shall require the requesting party to turn in the uniform
he/she is requesthig to be replaced,
22,4 All bar airrin unit xG�e abers � 1.1 receive teznrzla rsetz�e i c txa o $800.00 for die
��rcltase of an ap�?�'oved �Sulle;tprocal" vest. lane::-�ri�����i �
��r-���-��-�r.�; i"i�--�i���dt���-�=�-(;'���--�`�r•- �`e��l�r:�, �iil--b� ���iie�a
� r rz�i 3 r s 5ueli Purchased vest shall follow the Department's guidelines,
���t�-3u�.�_�"�e....e:s�'rcrz%—�zf��i3�'-'�k`n� z,••,�L'���� Y�"viri�a—'F�—�$3"E�?;�-�4��ai��,�'
.}' �aasrrrs� �;�--cv:�u:xcrraer�*--��f�✓i�i3�4tb�-�c"3�f�i{��"k�$��--'�i-'�i�§9��
e�� ���"[���� �:�"'�rs:nnLcnn�, +:4.G. , ..n4 ..� �'� �'}v��•wii4e�v�'��:"'^���'"'����
ri��..:�i�t�i•i��--
................
' - l ar ainixL unit members wlio wparate from employment U tcler ho.norable
COMi i,011, with ton 00) years of Service shall be awaxded his/her crest upon reque-St.
23 As determined by the Chief of Police or designee, bargaining unit members ahall
rein'burse the City for the rgair or current roplacen ent cost of lout, stolen., or damaged City
equip.ment whoa the leargairiing resit member's careless' and/or negligent act(s) resulted in the
loss, theft, or dawa e. A. city issued vohiolo d=agod by a bargaining w1it'.member will follow
2
-946504121 v1 (As d 1,31.7,?,)
the Police DGpartmont Orders rogarding City issued vehicle accidents, In any grievance of as
ac tiom taken under this section, the City shall bear the burden Uf proof,
22.6 Bargaining unit inembers who, due to the natare of their assignmenti and/or job
finictionq, are not.requi%d, in the sole qpiaion of the Chief of Police to wear a unif6rin hereafter
"non-uaitbn-ned bargaining unit menibers" shall. be entitled to a clatl-ingallowancc. Bargaining
unit members assigned to administrative or non -operational assignments in which the department
Provides, uniform or alternative clothing shall not be entitled to a ciothing allowance, All
uniformed and. non.-tmiformed assignments will be dotennined solely by the Chief of Police.
Author zed non-unifotmed bargafi-dng -unit xnernbcrs AMI receive a clothing allowance of
s�nt Jfjy_fifty-dollars ($5075) pet pay patiod, Authorized non -uniformed bargaining imit
ineinbers who are absent without pay, on military leave, and/or on. disability leave, shall receive
no clothing allowance payments during the periods of absence,
22.7 Authorized non-tinffbXMed bargaining unit menibers not receiving a clothing allowance
for any of the foregoing mas,ms shall begin to receive the allowance on the date of their return to
regular duty as full-tiniesworn .police officers, bargaining unit inembers temporarily transferred
to a positioil that normally would entitle: a bargaining unit member to reoelye a clothing
allowance shall not receive the allowance Uldess his/her transfers) oxcecds th . i . r . ty . (30) consecutive
worldng days. Bargaining unit menabers authorized to receive a clothing allowance as specified
in thissection may sclect' after their third (3'1) allotrnent of clothing as provided in Section 22J.
and thereafter, one (1) shirt and one (1) frouser4WA or a combination of inliforins and leather
accessories from a list pio-vided by the department, not to exceed sixty five, dollars ($65). Such
solec-
Aicyn shall be in Neu of the normal uniform allottilont the bargaining unit member would
3
#465(14121 vt (A4 or
Otherwise receive as provided in Section 22,2 following his/her third year of employment,
Replacement of these, uniform articles. shall OCCUt as specified in Section 22.3,
22.8 Bargaining emit n-mi-ribers who were xi.ot provided a City Gellular phone and/or required
to use Celhilar phones dfiring employment, sis dotemiined by the Chief of Police or designee,
shall receive a celhilar phone alloww1ce of seventy 'five dollars ($75) ppr month. Facia
bargaining unit mambet receiving a cellular phone allowance is roqtlirod to purchase a cellular
phone at their own expense. Bargaining unit members requixod to use cellular phones dining the
courso of and as part of their employment must be accessible at 0.1 times by such pliones and
such phones must include vokemail, Upon request of the Chief of Police of designee,
employees will be reqifirod to provide proof' of payment of their ceuxllar phonqb!S, Sectioll
21 18 �isilni effeatuntil qnt issu q. d%gLftmes mil) ncs,
For the City 1�
Date:-.-
4
t4GS04121
7-7,
Artivio, 24
GROUP I RANC.F�
NSU
24.1. The City agrees to pay six dollars and ninety-two =18 ($6.92) per pay period toward
the cost of h fe insurance and, accidental death and dismemb ormant coverage as ctirrently enjoyed
by bargahiing unit members, Life, insuratice, and accidental death and dismomberment costs shall
not be considered in the total plan costs and payment shall be calculated, separately front the
City's contributions to the total plan cost,
24.2 The FAR plan partloipantq shall, contribute thirty five percent (35%) of the plan costs
to ffi-o YO.P. Health Trust. The City shall contdbute sixty-five percent (65%) of Clio total plan
cost. Total plan cosO shall'be determined an, an annual basis, by sound accounting practices and
projectiong ftorn a firm ongaged by the FAR Trust. The City reserves the, tight to conduct its
own. Actuarial and p1mi wvkw to evaluate plena management and to verify the -projections
subinitted by the FO,P. Bealth Toast at no cost to the plan. Upon request, the F.O.P. Health
Thi8t agrees to provide trite City's desigme and/or benefit consultaxits wid.1 all pertinetit plan
projec,tims, plan deaign, and wen dor arrangements. If thore are any discrepancies between. the
findings of the City and thtplaii',,; memagemant and projections of the Trust's AQtualy which
cannot be resolved, a mutually agrecablo third party Actuary shall review the findings fro.m both
parties and render a decision, The decision ot" t1te third party Actuary' shall be fmat and binding
with regard to the determinatlom The third party Actuary will be a membor of the Academy of
Actuaiie,s with the designation of Member of the Academy of Actuaries Assmiation (AAA) or
a Fellow of the Academy of Actuaries Association (FA.A.A). The cost of the third party will be
shovm as a cost to the ROX. Health Trust and the City will pay sixty five percent (65%) a& part
of the total plan. costs and the F.O.P. Health Trust shalt pay 35%, To the Went there is ati
#46504190 vi (A.9 of 1.3 I,Z2)
impact on the 'aust clue to th'C' "(Joyertim.,-�at Accountbag Standards Board ("GASB") issued.
Statement No. 45, such impact will bo exotaded from the funding Woulations for total plan cost
as staked in the collection bargaining agreement.
The City reserves the -right to request i-nonthly claims n,-poxt's for monitoring purpose,'
arid to conduct a projection analysis and plan. review should the F.0,P. Ffealth.Trust fund drop
below tbroo million dollars ($3,000,000) at any time during the plan year in deteranining
coiiLribution adjitstments. Plan adjustinents will be made no more than once. a year mid
implemented at the begirming of each calendar year,
Based on the agreed projected total plan costs, the City sli6l contribute- sixty five
percent (65%) paid in equal bi-weekly ame-unts during the Plan year,
The F.O.P. agrees Chat; the City ManagGr hay the right tQ appoint a reprcscntative to act
as a non voting incinber of the FO,P. Ifealth Trust Board to attend all regular and special
m.ectings, including, [nit not limited to moetings with regard to plan des igia, plan costs,
utilization, experiouce, and plan projot,,tion for upcoming plan years, =d legal discl'Issions
pertaining to tho F.O.P. Health Trust that do ziot involve thQ City of Miaini. The appoilitC4
representative, will sip a confide)Atiality agreement and follow theplan's -rules and gLddelines,
HrPAA cortification is .required by the City's designees to attend thcsc, i-neeting,% thereforo, the
FAR agr"s 0 provide such certification training,
24.3 If the total EOZ IlQalth'Rust fund drops below three million ($3,000,000,00) over the -
combined twolvo (12) inonths of each of the FUIlds' Fiscal Years, them the City agrees to
Te,imbw,se the RO.P. Health. Trast for the. diMronee bringing die FOY, 'Hcaltb Trust fund.
balance tip to the throe million ($3,000,000.00) loge]. Should a reinibursement be necemary, the
City shall pay ffie difference to the FOT, Rafli'rtust within. thirLy (30) days of receiving notice
2
f1465.04190 Y1 (Am of
of the sped flod Fiscal .Ye based oil the Funds' filiancial statement and confim-iod by the yearly
audit and adjusted accordingly,
For each Fiscal Plan Ye,,wl any claims older than three and ofie-half (3 1/2) months shall
not be charged aq a dobit to bring the 4)[al of the hnd below the three million ($3,000,000,00)
level, Delays in submitting clan caused by the review process alld the ordinaxy "QL[rsu Of
processing claims shall not be subject to the th, W- mid one-half (3 1/2) month period.
5hould, the Fund level exceed six ruillion ($6,000,000,00) dollars at the end of each
Fund fiscal year then the FAR salty T.ILI,,qtlq total Plan, costs ibr [lie upcoming Phan. year shall
be reduced by the excess amount over six million. ($6,000po.00) dollftr&
The benefit tevels of the F.0,P, "Health Trust shall not be obanged if such changes
would result in incireased liability to the City hi inainWning the three infflion ($ 3,000,000m)
level.
24.4 The F.0,P, Shall Maintain its own group health, life, aad acuidental death and
dismomber.r.n.ent insuvance plan, All current, fanfare, and retired swarn police bargaining unit
mcm.be:rs shall be eligiblo, to participate in the ROT-'s plaii, but shall forfeit the right to
participate irx the Citys plan.
24.5 Upon request, the ROR aul its ins ranca plan administrat . or .. shall permit t6 city to
review any Tecordsretated to the F.O,R's health jnsiarance plan.
24.6 The FAR shall indemnify, and hold the City harmless, apiivst ary claim, demand,
suit, or liability and for all Lc gal oo&Li arishig in relati= to the iraplemuntation car admiaistrdion
orthe F'O'Ps health insurance PICITI.
24.7 The FAR agrees to onroll swot-.n manap.tant per'sotmel it its plan if those individuals
elect Such GOVOxage"
3
11465 M 90 vi (As of
24.8 If there is a dissolution of tho F-OR 'Realth Trust, gfll plan paitloipants under the
F.0,P. Flealth Trust -will maintain the right to elect coverage under the City's current Healtb
Benefit Plan. Additionally, the fmal. dis,aolufion af ffic RO.P. Health Trust and distribation of
any assets existing after all eligible claims are paid gill bomad` jointly and agreed to by the City
of Miam.1 aw"14e, F.0,13. Health Trust- Adininistration.
Kor the City "'A
Date:-
4
1146504190 v] (As of 1,31,22)
Article 25
DUES CHECK OFF
25.1 The City agrees to deduct F.O.P. membership dues in an amount established by the F.O.P.
and certified in writing by an accredited F.O.P. Officer to the City from the pay of those bargaining
unit members in the bargaining unit who individually make such request on a written check off
authorization form provided by the City. Such deduction will be made by the City when other payroll
deductions are made and will begin with the pay for the first full pay period following receipt of the
authorization by the City.
25.2 The City shall remit deductions of dues during the week following each biweekly pay period
to a duly authorized representative as designated in writing by the Union. The F.O.P. shall remit to
the City the amount of five hundred dollars ($500.00) per payroll year for administrative cost. This
amount shall be payable in full at the beginning of each payroll year.
25.3 In the event a bargaining unit menaber's salary earnings within any pay period, after -
deductions for withholding, Social Security, retirement, group health insurance, and other priority
deductions, are not sufficient to cover dues it will be the responsibility of the F.O.P. to collect its dues
for that pay period directly from the bargaining unit member.
25.4 Deductions for the Union dues shall continue until either:
A. Revoked by the bargaining unit member by providing the City with thirty (30) days'
written notice that he is terminating the prior check off authorizati oil,
�. The separation of employment of the authorizing bargaining unit member,
C. The transfer, promotion, demotion of the authorizing bargaining unit member out of
this bargaining unit,
D, The revocation or suspension of dues deduction as certified by the duly authorized
Union representative or,
E. The decertification of the F.O.P. as the bargaining unit.
445216769 v1 (As of 8.31.2021) 65
25.5 The Union shall indemnify and hold the City, its officers, officials, agents and employees
harmless against any claim, demand, suit or liability (monetary or otherwise) and for all legal costs
arising from any acts or omissions of the City, its officials, agents and bargaining unit members in
complying with this Article. The FOR shall promptly refund to the City any funds received in
accordance with this Article that are in excess of the amount of dues which the City has agreed to
deduct.
25.6 This Article applies only to the deduction of membership dues and shall not apply to the
collection of any fines, penalties, or special assessments.
445216768 v1 (As of 8.31.2021) 66
Article 26
F.O.P. TIME POOL
A F.OR time pool is hereby authorized subject to the following:
26.1 The City agrees to establish a time pool bank of seven thousand (7,000) hours per fiscal
year to be used in accordance only for Union times eat directly re resenting em Io ees in the
bargaining unit. including, but not limited to collective bargaining,.attendance at FeC).P,_
conferences and grievance and disc Aline activities,tart-- All
unused hours will be carried over to the following fiscal year.
26.2 For each bargaining unit member, except the F.O.P. President, who is authorized by t Lie
President to use time from the time pool, the President shall fill out the appropriate form as
provided by the City. This form shall be processed through channels of the bargaining unit
member who is to use the pool time. The form must be processed so that a copy shall be in the
Office of the Chief of Police a minimum of seven (7) calendar clays prior to the time the
bargaining unit member has been authorized to use the pool time. It is understood on rare
occasions the seven (7) day time limit may not be met. The President shall then forward a
detailed explanation to the Chief of Police as to why the seven (7) day rule wasn't met. Failure
to file this properly completed pool time usage forra within seven (7) days or failure to file an
explanation with the Chief of Police as to why the seven (7) day time limit wasn't met, shall
result in the bargaining unit member not being paid for all such time requested. It is incumbent
upon the employee to submit the gppropriate forms. Failure to submit the a rontiate forms may
result in. denial of the Union pool time, as well as a delay in payment to the employce for the
Union pool time.
446662609 v2
26.3 To guali , for Union pool time, bargaining unit members must be ,active and current
employes not relieved of duty for an reason in good standing with the City. Bargaining unit
members &hail -may be released fiom duty on pool time only if the needs of the service permit, as
determined b the Chief of Police, or designee but such release shall not be, unreasonably
denied. 1f because of the needs of the service a bargaining unit m.etnber cannot be released at the
time desired, the F.O.P. may request an alternate bargaining unit member be released from duty
during the desired time.
26.4 ROY. Time Pool hours will be used on an hour for hour basis, regardless of the hourly
rate of the bargaining unit member using Tine Pool hours. I reporting a bargaining unit
member's absence as a result of utilizing the Organization Time Pool, the daily attendance record
shall reflect::
"Officer Doe on FOP" (F.O,P. Time Pool)
26.5 Any injury received or any accident incurred by a bargaining unit member whose time
is being paid for by the F.O.P. Time Pool, or while engaged in activities paid for by the F.O.P.
Time Pool, except the F.O.P. President and two designees when on full-time release shall not be,
considered a line -or duty inJuty, nor shall such injury or accident be considered to have been
inc-Lured in the course and scope of his/her employment by the City within the meaning of
Chapter 440, Florida Statues as amended, except for injuries sustained in Miami -Dade, Droward
or Monroe Counties while in, the cmirse of attempting to halt a felony in progress or
apprehending a fleeing felon..
26.6 Upon written request though channels, the F.O.P. President and the two (2) designees
will be released for the term of this Agreement from his or her regularly assigned duties for the
#46662609 v2
City of Miami Police Department. The terms of this Agreement for such release are only to be
implemented if the following qualifications are met by the F.O.R:
A. The F.O.P. ]President and the two (2) designees will reasonably be available at
the F.O.P, office currently located at 710 SW 12th Avenue, Miami, Florida,
33135, for consultation with the Management of the City.
B. The RO.P. President and the two (2) designees shall be the only Bargaining
Unit representatives released to appear before City Boards or Commission.
Release for appearances before City Boards shall be on T.O.P." time pool and
release for appearances before the City Commission shall be designated as
Administrative Leave (AL). In the absence of the President, the President's two
(2) designees may represent the F.O.P.; however, the designee must comply
with Section 26,2 of this Article.
C. The Time Pool will be charged for all hours during which. the RO.P, President
and the two (2) designees are on off --duty release except that absence due to use
of vacation leave, sick leave, holidays, or compensatory leave will be changed to
the President and designee's leave accounts.
26.7 All applicable riles, regulations and orders shall apply to any bargaining unit member
on time pool release. Violations of the above mentioned rules, regulations and orders shall
subject the bargaining unit member on pool time to the regular disciplinary processes currently
provided for in the Miami Police Department.
26.8 The City reserves the right to rescind the provisions of this Article in the event any
portion of the Article is found to be illegal, but shall not preclude further negotiations of future
bargaining unit member pool time.
#46662609 v2
Article 27
DISCRIMINATION
27.1 NoThe City will comply with all local, state and federal laws with regard to discrimination
based upon image, race, religion,
national origin, sex, union affiliation, disability or sexual orientation. The filing of a charge of
discrimination with any local, state or federal agency by any bargaining unit member shall be seen as
an election of remedy, and thus the underlying basis for the charge of discrimination shall not be
subject to the grievance process.
Datc: � t — 3 o
Article 28
BEREAVEMENT LEAVE
28.1 Any bargaining unit member covered by this Agreement may, in the case of death in the
immediate family, be authorized up to a maximum of forty (40) hours of paid leave. Said paid
leave time shall be utilized by the bargaining unit member within fourteen (14) calendar days from
the date of the immediate family member's death. The immediate family is defined as father,
mother, sister, brother, husband, wife, domestic partner (who meets the criteria of the FOP Health
Trust), children, father-in-law, mother-in-law, grandparents, spouse's grandparents, stepfather,
stepmother and/or legal guardian as specified by court documentation submitted to the
Department of Human Resources, Division of Labor Relations. Within thirty (30) calendar days
from the date the bargaining unit member returns from a death in the family, the bargaining unit
member will file a copy of the death certificate of the deceased family member. Said death
certificate will be attached to the form provided by the City and submitted to the Department of
Human Resources. Failure to produce the death certificate will result in the bargaining unit
member reimbursing the City for any paid leave taken under this Article. Any bargaining unit
member found to have falsified his application for a "K" day will be disciplined up to and including
dismissal.
28.2 It is understood that under certain circumstances the bargaining unit member will be
unable to obtain a death certificate. In this event, in lieu of a death certificate, the bargaining unit
member shall submit a notarized statement and/or a newspaper account showing the death and the
relationship of the deceased to the bargaining unit member and/or other appropriate criteria as
deemed appr riate by the Department of Human
14-4-4-11
For the City
Date: '
Union
of Labor Relations
Article 29
COMMENDATION PAID LEAVE
29.1 The Chief of Police, upon approval of the City Manager or his designee, may grant up to
forty (40) hours of paid leave to any bargaining unit member whose job performance is of such an
exemplary or heroic nature as to warrant this special consideration. This Article shall not be subject
to the Grievance Procedure or arbitration.
For the City
Date: ( _ -r), (r
445216768 v1 (As of 8.31,2021) 72
Article 30
FAMILYM—DICAL LEASE' AND LEAV E 'WITHOUT PAY
XI Bargaining -anit members may request a leave of absence without pay in accordance
with the, Family and Medical Loave, Act of 1991 Q71MLA), or the Miami lade County Family
Leave Ordinance.
30.2 Bargaii)ing unit inembers. may take FMLA leave of absence without pay not to exceed.
ninety (90) days ill a twelve (12) Month rolling peHod for the birdi or adoption of a child, to care
-fat an fini-nediate tlainily inomber with a serious health cotidition, Or the bargaining unit
Mombor's own serious health t;undidcyn, eligible deploymont/return -froul deployment rights or
any other FMLA eligible evont.
30.3 Upon 4pproval of the Chief of Police, aild. the City Manager or his/her designee, a leave
of absence without pay, for a period not to execed six (6) months, may be grantedfbr the purpose
of a bargaMing Unit inembQx entering pon. a course of training or study diteetty related to the
bargaining unit member's job, expected improve the quality of the bargaining unit member's
'gel -vice to the City, 'Upon request, such leave of abseaco without pay may be extended for an
additional six (6) months upon the appi.oval of the Chief of Police mid the City Manager or
his/her desiguou.
Any bargaining unit member requesting leave of absence without pay under this
Section shall submit to the, Chiaf of Police evidence of registration upon enteTing each
qoartor/sonicstor of sollool,
30.4 Upon. approval of the Chief of Police, and the City Manager or His/her designee, a leave
of absence without pay may be g", itedfibra period. not to exceed ninety (90) days. Approval or
denia.1 of said leave of absence without pay is at the scale discretion of the City Manager or
1.
#465042,47 A (As of 1.31,22)
his/leer designee and shall not be raviowable through the (Movance Pr000duro, including
arbitration, or appcalablc to Civil Service Board,
30.5 BargainlnguDit members who desire to take a leave of absonce without pay for ally
reason sp(:cffled in this Article; excluding Serious heaItti candition, must first use all accrued
vacation, sick and compensatory leavQprior to taking a leave witho-ut pay. A bargaining vnit
mornber requesting leave without pay for a serimis health condition under the Family mid
Medical Leave Act must first use all sick, vacation, and csoinpena atmy leave priox to taking leave
without pay
30,6 Unless required by law, bargailling, unit members who take a loave of absonce without
pay pursnant to this Atticle shall not accrue seniority oar leave time, At the expiration. of a leave
of absence -without pay, the bargainffig unit member shall be retLwaed to the position vacated
when said leave of abscxioo w6ovt pay was granted unless otherwise prohibited by physical
limitatimis. Leave of abwnce without pay d-wing the required probationary period of sffvice
shall o-xtand the probationary period equal to the length of time used dining the said leave of
absence without payr
30.7 The acceptance of another position. or engaging .in other omployrnont by the bargaining
unit ineiabcr while on a Wave of abswico without pay shall constitute an. automatic Voluntary
rosignation from the servim of tho City of.Minmi without right to roview through the G. rievance
.Prooeduro, including arbitration, or by Civil Service, a court of law, adminiArativ-Q agency, other
govertimental body or any other aaffiority. Stich resignation may oily be appealed to the
Director of Employee Relations or desigpoe who will meet with the F.O.P. president and if the
parties do.not. agree on resrindjagg the, resignation, the resignatianshall be final and biading as of
2
04650420 v1 (Ag of
tho date the employee accepted mother position ear angagcd in other employment as des bed
F - or . th - o Csty—'
Data:
#46504247 vl (As of 1,31.22)
Article 31
VACATION
31.1 Vacation shall be calculated on actual service in the previous calendar year and shall
only be taken afex the completion of six (6) months of actual continuous service. If a bargaining
unit member is employed prior to the 15th of the month, it shall be considered as a full month of
service and count in prorating vacation.
31.2 Earned personal leave shall no longer be credited to bargaining unit members and shall
cease as available time. (Note: the fourteen (14) hours of earned personal leave was incorporated
into the vacation leave accrual).
31.3 Bargaining unit members shall accrue vacation in accordance with the following
schedule:
1----- 5 years ----------------------------
94 hours
6----- 10 years ---------------------------
134 hours
11 --- 15 years ---------------------------
154 hours
16 ---20 years ---------------------------
174 hours
21 --- 25 years -----------------------. ---
194 hours
26 ---and over---------------------------
214 hours
Bargaining unit members will not be credited with anniversary vacation.
31.4 Vacations shall be taken by the last payroll period of the calendar year in which the
vacation was credited. Bargaining unit members shall only be allowed to carryover two hundred
(200) hours of the previous year's credited vacation. Any excess vacation over the two hundred
(200) hour automatic carryover shall be forfeited as of the last payroll period of the calendar year
in which the vacation was credited, and no exceptions to the maximum carryover allowance shall
be permitted absent the express wz7tten approval of the City Manager. Bargaining unit members
with unused accrued vacation hours in excess of two hundred (200) fours as of October 1, 2012
shall have those hours in excess of two hundred (200) hours grandfathered. Bargaining unit
members who were on disability at the time of their scheduled vacation shall be paid for all
excess vacation over two hundred (200) hours at the rate of pay the bargaining unit member was
earning at the time the bargaining unit member was placed on disability. If a bargaining unit
member has a vacation for which he/she was eligible and previously approved cancelled due to
staff shortage or emergency conditions, and is not permitted to reschedule by the end of the
calendar yeas.', he/she shall be paid for any hours in excess of two hundred (200) hours which
would have been forfeited. These hours will be paid up to eighty (80) hours and at the
bargaining unit member's current hourly rate of pay.
31.5 A bargaining unit nnember's annual vacation, accrual shall be reduced for leaves of
absence without pay and suspensions. The bargaining unit member's annual vacation accrual
shall be reduced on a yearly basis in accordance with the following schedule.
Hours Without Pgy _ Penalt
88
- 176
Hours
1
month
annual
vacation
accrual
177
- 349
Hours
2
months
annual
vacation
accrual.
350
- 522
Hours
3
months
annual
vacation.
accrual
523
- 695
Hours
4
months
annual
vacation
accrual
696
- 868
Hours
5
months
annual
vacation
accrual
869
- 1041
Hours
6
months
annual
vacation
accrual
1042
- 1214
Hours
7
months
annual
vacation
accrual
1215
- 1387
Hours
8
months
annual
vacation
accrual
1388
- 1560
Hours
9
months
annual
vacation
accrual
1561
- 1733
Hours
10
months
annual
vacation
accrual
1734
- 1906
Hours
11
months
annual
vacationa
accrual
1907
- 2080
Hours
12
nnonths
annual
vacation
accrual
31.6 Vacation leave must be requested. twenty-four (24) hours in advance of use and shall be
taken in increments of not less than one (1) hour. Vacation leave may be granted by the Police
Chief or designee on an emergency basis. Upon separation of the bargaining unit member from.
Article 32
BLOOD DONORS
32.1 Bargaining unit members covered by this Agreement who volunteer as blood donors to
contribute to City approved Blood Donor Organizations will be authorized the absence necessary to
accomplish this purpose. The Blood Donor Organization's personnel will determine what amount of
time the donor will need from the point of donation till they are released to go back to work.
For the City
Date: — —a t
445216768 v] (As of 8.31.2021) 78
Article 33
R CK L�SAW
33.1 The parties agroe that care and discretion shall. be exercised by Management and the
F.O,P� in order to prevent: the ab-use of sick leave privileges, Absowoo,, for trivial reasons n1ust
be discouraged, To determine the extent or reasons, for a bargaining emit: membor's absence on
sick leave, the bargaining unit or a Managed-nent designee may
visit the hon-io of the bargaining unit member on side. leave with pay. In cases Where
Management suspects that a bargaining unit niumbey is malfiigering, sick leave -with. pay shall not
be granted,
33.2 Permam-,-nt bargaining unit members who are in. pay status at least one handr&l. and
twenty (120) horns pernionth sliall accrue up to eight (8) houYs side leave per month, to be
utilized in not lesa than one (1) how incroments.
3313 Bargainiag unit zombens in pxobationaty stave will accrue sick leave in accordance
with Section 33,2,, however, no sick leave with pay will be granted during the employee's first
ninety (90) days of employnieut,
314 To receive sick leave with Pay, a bugainirig unit n-tornbQt must notify his/her
im-mediate supervisor or designated Pohca" Department persomiul of illness at lomt filleen (15)
minutes before the schcdnkd starting time of bis/her shift, The bargaining unit member is
responsible for notifying a supervisor within hiVber Districthissikp=ent cuoh day ho/she is out
ill, miless previously approvedby a supQrvisor-
33.5 Any bargaining -unit member absent oii sick leave -for more thaw throe (3) consecutive
work days irmst roport to the Dopaittnvat of Human Rosoirroes and obtain approval boforo
returning to work.
1.
#46504-286 vI (As of LI 1,22)
33.6 Other bat -Aced leave ffi-ne may be substituted fai, sick leave only whoa a bargaining unit
mernber has depleted all of his/her sick leave bank,
When a bargaining wit inembor hus- depleted all of - his/ho leave time balances and has
not been approved for Family Medical, leave as outlined in Article 28 of this Agreement, he/she
will be as follows:
--- Rhiess without Pay
33.7 All bargaining unit mombers covered by this Agreement may be allowed to use Lip to
eighty (80) hmim of acorurA sickleave in any o-ne calendar year due to Serious injury OT. acute
illness (if any actual member of the bargaining unit mcrnbcr's immediate family. The im-mcdiato
family shall be defined. as father, mother, sister, brother, Imsband, wife, domestic partner (who
meets the criteria of the FOP Hoalth.Trust), children, father-in-law, mother-in-law, grandparents,
spouse's grandparents, stepfaflior and/or stepmother.
33.8 Bzwgainij,.i.g -unit members who have not -afilizod any sick leave and/or who have next
been oxa disability or in a leave withoixt pay Status for the full payroll catendar year shall receive
eiglit (8) Ito us of c(numendation paid leave,
33.9 Bargaining unit inembers covered by, this Agrooment who exercise normal retirement
. ... ... ... .
(oxeli,Lding bargaining unit mombers who leave on vostUf rights) shall be paid for w-to hundred
percant (10(I%) at arcumulated sick leave. -a.p to om thousand (1,000) Hours and fifly pereent
(501/6) of accumulatod sick- leave above tame thousand (1,000) hours.
33.10 Bargaining unit mombers. with. ton (10) or more years of service who tk'=inate
employimut with the City tinder honaiable conditions shall receive a cash payuient equal to oae-
ffourth (11/4) of thoix imusod. aoourr.mlatedslok In, vo,
2
#46504986 71 (M of
33.11 Baxgahiing unit: mombers with. fiffeeri (15) or more years of service who terminate
employment with the City under honorable conditions shall receive a cash payment equal to one-
half (1/2) of their unused aooumulated sick leavo,
33.12 Bargaining unit inembers who are terminatod ftoln em-ployment, forfeit all sick leave
employ
payout,
33.13 Payoff for accw-nulated sick leave shall not be used to calculate average earnings for
pensi on purposes.
13.14 When a bargaining -unit member is unable to work due to an extended, non -work related
illness Enid the bargaining iuiii naernber's sick leave, earned time, and -V40'ation, time are fully
depleted, employees may donate credited vacation and/or earned time to the affected bargaining
unit wmnbex in increments of four (4) hours or more- Such thue may only be don. atod by
employees whose hourly rate of pay is oq ual to or greater than that of the donee, Sadhdonaitierrs
of time shall be subsnitted for approval to the Director of Humaa Resuames or dosi&�we on a
form to be provided by the City. Except as provided above, donations of leave time. shall not be
authmized. Should. there be extraordinary circum.,,,ta=6 beyond what is oontained ixi this
Aaticic, a bargaining unit nienib,,r may request considoration from the Director of Human
Resources or designee for a 1-fixio transfer, The Diroctor of Human Resources or designee
decision shall be final.
33.15 Begaining unit rneinhers, who aro eligible for -retirornont may, at their uole discretion,
make an irrevocable election hi the calendar year prior to the caWndar year in Which the,
bargaining unit n-Lembor severs service with the City of Miami to convert any portion. 0.1 their
acCUMLdated sick time to vacation time at the time of sevcxaaco of seM'Ce, The conversion of
sick time to vacation time shall be at the rate of om., hundrtd percent. (100%) of accumulated sick
3
W46504286 YJ (As of I M.22)
leave, up to one thougand (1,000) hours and fifty percent (50%) ofaccumulatedsick leave above
one tbmiswd (1,000) hours.
33-16 liffecti-ve upon ftyiplernentation, of the Post Ehiployment Health. Plan, bargaining unit
mombors covered by this Agrcwne-atMi,-W have crettited to their Post Employment Real th Plan
account one hundred percent (100%) of accumulated sick leave up to one thovisand (1,000)
hours* end fifty percent (50%) of acaim-alated sick leave above; once thousand (1,000) hours at
timQ of severance, of service with the Dcepaitniont, including any vacation oonvorted under
�U-tlefQ 31, Section 31,921
NOTE: Any vacation leave time balances that are converted to s A leave, undor Altiole 31 -
Vacation, Section 31..E shall be added over and above the 1,000 hour limitations sot fordo in
Section 3 3 . 1, 5.
'N
port the CItk-
Date:
4
#46504286 -YI (AN of 1.31,22)
T
Article 34
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
34.1 In an effort to identify and eliminate on or off duty controlled substance abuse and on
duty alcohol abuse, a bargaining unit member will be ordered to undergo a urinalysis/blood test
immediately upon notification as provided herein:
A. Following any vehicular accident occurring on -duty, on an off -duty detail, or
traveling to or from same, and/or involving bargaining unit member(s) while
driving a City vehicle or rented vehicle, where a staff level officer has reasonable
belief based upon objective factors that the involved bargaining unit member(s)
may be under the influence of alcohol or any controlled substance, unlawful, mind -
altering, or non -physician prescribed drugs.
B. Where a staff level officer has a reasonable belief, based upon objective factors
that a bargaining unit member is under the influence of any illegal drug or
controlled substance not prescribed for him/her by a licensed physician.
1) If the reasonable belief giving rise to the testing order arises while the
bargaining unit member is on duty, a reasonable effort shall be made to have
the test performed while he/she is still on duty or as soon thereafter as is
practical,
2) In the event that the reasonable belief arises while the bargaining unit member
is off duty and the bargaining unit member is not at the scene of an accident,
arrest, or other event he/she shall be directed to undergo a urinalysis/blood
test immediately unless there are compelling reasons to wait until the next
tour of duty or the next morning, whichever occurs first,
34.2
C. Where a staff level officer has a reasonable belief that a bargaining unit member is
under the influence of alcohol on duty, or off=duty, while driving a City vehicle or
rented City vehicle, or while covered for portal to portal pay for workers'
compensation.
Random Substance Screening
A. Throughout each calendar year the City may conduct up to one thousand two
hundred and fifty (1,250) random substance screenings on members of the
bargaining unit. A bargaining unit member may be randomly selected no more than
two (2) times during each calendar year and notified that he/she must report for
testing.
B. Bargaining unit members selected for random substance screening shall report to
either a hospital,of aeer-editaa testing laboratory or any other accredited and/or
certified location ("Approved Testing Location"), as chosen by the City. The
Approved TestingLocation hospital a -- aeeredite a testing labe„a4eFsl-shall include
sufficient safeguards to ensure that proper chain of custody procedures is enforced.
C. The following drugs or classes of drugs and cut off concentration levels shall be
applicable for determining whether specimens are negative or positive for the initial
or confirmation test. A positive result shall be a concentration in excess of the
following:
Initial Test Level (ng/mI)
Anabolic Steroids
Cannabis (Marijuana) Metabolites 50
GUMS Level (ng/ml)
In accordance with industry
standards
15
Cocaine Metabolites 300
Opiate Metabolites 2000
Phencyclidine
.25
Amphetamines
1000
Methaqualone
300
Methadone
300
Propoxyphine
300
Tricyclic Antidepressants 300
Ketamine
are
Gamma-hydroxybutyrat
150
In accordance with levels
specified by Department of
Human Services Federal
Register, Part III, dated
April 13, 2004.
25
500
150
150
150
150
25 — until Federal and
State
"Industry Standards"
established
150 until Federal and
State "Industry
Standards"
arc established
Methylenedioxymethampetamine 300 150
(MDMA, Ecstasy)
(Additional drugs may be added to the list as dictated by applicable law
or upon mutual agreement of the parties.)
D. Bargaining unit members shall give either a blood sample (only to be used for
testing blood alcohol content), or a urine sample as directed by management, at an
Approved Testing Location, eithe . N3 ��,nn+���'�'�, chosen by
the City. During said test, the bargaining unit member shall provide sufficient urine
for the Approved Testing �Location _leberateryto secure two (2) samples to be
tested. The first sample will be used for the test and confirmation of same. The
reserved sample shall be tested.
E. Bargaining unit members may, upon request, have an F.O.P. representative present
on Approved Testing Location -I -+-Fy premises during the collection procedure,
provided that the test will not be postponed for more than sixty (60) minutes. A
telephone call will be made to the F.O.P. President advising of said pending test,
but in no instance will the sixty (60) minute waiting rule be waived.
F. Any test showing a "positive" result will be confirmed by the Gas
Chromatography/Mass Spectrometry (G.C.M.S.) method or other industry standard
method before administrative action is commenced, by testing the second portion
of the sample tested.
G. Pursuant to applicable law, a medical review officer (MRO) shall notify the
Bargaining unit members of a positive result. Notice to the bargaining unit member
of the test being positive shall be considered to have been served upon the
bargaining unit member by the MRO upon oral communication.
H. All chemical tests shall be conducted as soon as practical, preferably the same day.
I. The F.O.P. will be advised of passed or failed tests to the extent that the releasing
of such data is not inconsistent with federal or State laws regarding the privacy of
said test, unless the individual involved does not want the test results released to
F.O.P.
34.3 Where a bargaining unit member alleges that an order made under this section is not
consistent with the criteria cited herein, he shall comply with the order, and may simultaneously
file a protest with the communicator of the order. Disputes arising out of such protests shall be
arbitrable under Article 6 of this Agreement.
34.4 Refusal to comply with an order to submit to substance/alcohol screening will constitute
grounds for termination. The bargaining unit member refusing to be tested shall be placed on leave
without pay pending the final determination.
34.5 Any positive test for a controlled substance which is confirmed by G.C.M.S. or better
testing shall result in discipline up to and including dismissal. The bargaining unit member
refusing to be tested shall be placed on leave without pay pending the final determination.
34.6 Any positive test of alcohol which is confirmed shall result in discipline up to and
including dismissal. The bargaining unit member refusing to be tested shall be placed on leave
without pay pending the final determination.
34.7 In the event that the results of the urinalysis/blood test are positive, the following criteria
will apply;
A. The employee at his/her own cost shall, within seventy-two (72) hours of a positive test
notification (excluding weekends and holidays), enter and remain in a drug/alcohol program
approved by the City and the Union until the approved program administrator is able to state that
he/she has successfully completed the program, including aftercare. While in the program, the
employee will be allowed to return to work if the program administrator approves; if not, the
employee may be suspended until the program administrator approves return to work. Such
suspension shall not exceed six months. If the employee cannot return to their regularly assigned
position after six (6) months, they shall be dismissed. If the employee does not successfully
complete the program, he or she will be terminated.
34.8 Employees shall not be permitted to work until program administrators feel certain
there is no possibility they are using drugs and submit this opinion in writing to the City. If and
when the employee successfully completes the in -patient portion of the program, as determined by
the program administrator, the employee shall be allowed to return to work.
A. Upon being notified of a positive test, the employee will be immediately relieved of
duty. If relieved of duty, the employee, if eligible, will use all of his/her earned time,
vacation time, and sick time, and then he/she will go off the payroll.
B. If the employee fails to enter, participate in and/or successfully complete any part of the
rehabilitation program, including any after -care program, the employee shall be terminated
from his/her employment with the City.
C. Effective upon ratification of the labor agreement, employees cleared to return to work
by rehabilitation administrators, shall be subject to substance screenings at management's
discretion for a period of two (2) years from the date the employee returned to work. The
City will be limited to a maximum of six (6) screenings per twelve (12) month period.
Employees tested shall be entitled to a second or confirmatory test as outlined in this article.
Bargaining unit members who decline to offer a sample for the confirmatory test shall have
the reserve portion of the first sample utilized as outlined by this article. Bargaining unit
members who test positive to a confirmatory test shall be terminated from employment
with the City.
D. Effective upon ratification of this agreement, bargaining unit members will be entitled
to one chance at a successful rehabilitation during their employment with the City.
Bargaining unit members who have been through at least one (1) rehabilitation program,
who are screened shall be entitled to a separate second or confirmatory test as outlined in
this article. Bargaining unit members whose sample tests positive on confirmatory test shall
be terminated from employment with the City.
Article 34
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
34.1 In an effort to identify and eliminate on or off duty controlled substance abuse and on
duty alcohol abuse, a bargaining unit member will be ordered to undergo a urinalysis/blood test
immediately upon notification as provided herein:
A. Following any vehicular accident occurring on -duty, on an off -duty detail, or
traveling to or from same, and/or involving bargaining unit member(s) while
driving a City vehicle or rented vehicle, where a staff level officer has reasonable
belief based upon objective factors that the involved bargaining unit member(s)
may be under the influence of alcohol or any controlled substance, unlawful, mind -
altering, or non -physician prescribed drugs.
B. Where a staff level officer has a reasonable belief, based upon objective factors
that a bargaining unit member is under the influence of any illegal drug or
controlled substance not prescribed for him/her by a licensed physician.
1) If the reasonable belief giving rise to the testing order arises while the
bargaining unit member is on duty, a reasonable effort shall be made to have
the test performed while he/she is still on duty or as soon thereafter as is
practical.
2) In the event that the reasonable belief arises while the bargaining unit member
is off duty and the bargaining unit member is not at the scene of an accident,
arrest, or other event he/she shall be directed to undergo a urinalysis/blood
test immediately unless there are compelling reasons to wait until the next
tour of duty or the next morning, whichever occurs first.
C. Where a staff level officer has a reasonable belief that a bargaining unit member is
under the influence of alcohol on duty, or off -duty, while driving a City vehicle or
rented City vehicle, or while covered for portal to portal pay for workers'
compensation.
34.2 Random Substance Screening
A. Throughout each calendar year the City may conduct up to one thousand two
hundred and fifty (1,250) random substance screenings on members of the
bargaining unit. A bargaining unit member may be randomly selected no more than
two (2) times during each calendar year and notified that he/she must report for
testing.
B. Bargaining unit members selected for random substance screening shall report to
either a hospital.-op-acem44e&testing laboratory or any other accredited and/or
certified location (``Approved Testing Location°'), as chosen by the City. The
Approved Testing Location shall include
sufficient safeguards to ensure that proper chain of custody procedures is enforced.
C. The following drugs or classes of drugs and cut off concentration levels shall be
applicable for determining whether specimens are negative or positive for the initial
or confirmation test. A positive result shall be a concentration in excess of the
following:
Initial Test_ Level ng/ml) GC/MS Level (ng/ml)
Anabolic Steroids In accordance with industry
standards
Cannabis (Marijuana) Metabolites 50
15
Cocaine Metabolites
300
150
Opiate Metabolites
2000
In accordance with levels
specified by Department of
Human Services Federal
Register, Part III, dated
April 13, 2004.
Phencyclidine
25
25
Amphetamines
1000
500
Methaqualone
300
150
Methadone
300
150
Propoxyphine
300
150
Tricyclic Antidepressants 300
150
Ketamine
25 —until Federal and
State
,,Industry Standards"
are
Gamma-hydroxybutyrat
established
150 until Federal and
State "Industry
Standards"
are established
Methylenedioxymethampetamine 300 150
(MDMA, Ecstasy)
(Additional drugs may be added to the list as dictated by applicable law
or upon mutual agreement of the parties.)
D. Bargaining unit members shall give either a blood sample (only to be used for
testing blood alcohol content), or a urine sample as directed by management, at an
Approved Testing Location, either &h itft �,r �-�;* a fi '� chosen by
;�:,, ux uvvivua wu �c,�za-rr�uc.T
the City. During said test, the bargaining unit member shall provide sufficient urine
for the Approved Testing Location labefaletry to secure two (2) samples to be
tested. The first sample will be used for the test and confirmation of same. The
reserved sample shall be tested.
E. Bargaining unit members may, upon request, have an F.O.P. representative present
on Approved Testing Location l-aher-a-tefy premises during the collection procedure,
provided that the test will not be postponed for more than sixty (60) minutes. A
telephone call will be made to the F.O.P. President advising of said pending test,
but in no instance will the sixty (60) minute waiting rule be waived.
F. Any test showing a "positive" result will be confirmed by the Gas
Chromatography/Mass Spectrometry (G.C.M.S.) method or other industry standard
method before administrative action is commenced, by testing the second portion
of the sample tested.
G. Pursuant to applicable law, a medical review officer (MRO) shall notify the
Bargaining unit members of a positive result. Notice to the bargaining unit member
of the test being positive shall be considered to have been served upon the
bargaining unit member by the MRO upon oral communication,
H. All chemical tests shall be conducted as soon as practical, preferably the same day.
1. The F.O.P. will be advised of passed or failed tests to the extent that the releasing
of such data is not inconsistent with Federal or State laws regarding the privacy of
said test, unless the individual involved does not want the test results released to
F.O.P.
34.3 Where a bargaining unit member alleges that an order made under this section is not
consistent with the criteria cited herein, he shall comply with the order, and may simultaneously
file a protest with the communicator of the order. Disputes arising out of such protests shall be
arbitrable under Article 6 of this Agreement.
34.4 Refusal to comply with an order to submit to substance/alcohol screening will constitute
grounds for termination. The bargaining unit member refusing to be tested shall be placed on leave
without pay pending the final determination.
34.5 Any positive test for a controlled substance which is confirmed by G.C.M.S. or better
testing shall result in discipline up to and including dismissal. The bargaining unit inember
refusing to be tested shall be placed on leave without pay pending the final determination.
34.6 Any positive test of alcohol which is confirmed shall result in discipline up to and
including dismissal. The bargaining unit member refusing to be tested shall be placed on leave
without pay pending the final determination.
34.7 In the event that the results of the urinalysis/blood test are positive, the following criteria
will apply:
A. The employee at his/her own cost shall, within seventy-two (72) hours of a positive test
notification (excluding weekends and holidays), enter and remain in a drug/alcohol program
approved by the City and the Union until the approved program administrator is able to state that
he/she has successfully completed the program, including aftercare. While in the program, the
employee will be allowed to return to work if the program administrator approves; if not, the
employee may be suspended until the program administrator approves return to work. Such
suspension shall not exceed six months. If the employee cannot return to their regularly assigned
position after six (6) months, they shall be dismissed. If the employee does not successfully
complete the program, he or she will be terminated.
34.8 Employees shall not be permitted to work until program administrators feel certain
there is no possibility they are using drugs and submit this opinion in writing to the City. If and
when the employee successfully completes the in -patient portion of the program, as determined by
the program administrator, the employee shall be allowed to return to work.
A. Upon being notified of a positive test, the employee will be immediately relieved of
duty. If relieved of duty, the employee, if eligible, will use all of his/her earned time,
vacation time, and sick time, and then he/she will go off the payroll.
B. If the employee fails to enter, participate in and/or successfully complete any part of the
rehabilitation program, including any after -care program, the employee shall be terminated
from his/her employment with the City.
C. Effective upon ratification of the labor agreement, employees cleared to return to work
by rehabilitation administrators, shall be subject to substance screenings at management's
discretion for a period of two (2) years from the date the employee returned to work. The
City will be limited to a maximum of six (6) screenings per twelve (12) month period.
Employees tested shall be entitled to a second or confirmatory test as outlined in this article.
Bargaining unit members who decline to offer a sample for the confirmatory test shall have
the reserve portion of the first sample utilized as outlined by this article. Bargaining unit
members who test positive to a confirmatory test shall be terminated from employment
with the City.
D. Effective upon ratification of this agreement, bargaining unit members will be entitled
to one chance at a successful rehabilitation during their employment with the City.
Bargaining unit members who have been through at least one (1) rehabilitation program,
who are screened shall be entitled to a separate second or confirmatory test as outlined in
this article. Bargaining unit members whose sample tests positive on confirmatory test shall
be terminated om employment with the Cit.
For the City
Date: `
O
Arft-�§
36.1. Any full-time Sworn Miaiui Police Officer wlio is killed while in the performance of
his or her official duties or who subseqiieiitly dies Irma injuries within tw&lve (12),months of the
inci.detit from his or tier woimds shall be given apromotion to the rank- of Major, Leave balances
will be paid of at the hourly rate of the nowly promoted rank, The boneficiary of the deceased
shall reoeive a sum or ftr—ve two-han(b.-ed thousand dolhws ($2,3 00,000) from the City of Miami
upon said bargaining -Lmit inumber'S death, ApplWatian shall be made to the Departmt�tt of
Human'Resoinces for paymcrit of such death benefits,
X,
'Ro city
Date:-
946504,321 v] (As of 1,31.22)
Article 38
RESERVED
#45216708 v] (As of 8.31.2021) 95
Article 39
PENSION
39.1 The pension benefits and employee contributions of employees covered by this
Agreement shall remain unchanged as they presently exist as currently set forth in Section 40-
191 through 40-212, Miami City Code, of the City of Miami Firefighters' and Police Officers'
Retirement Trust (" FIPO"), except as modified below.
Effective October 1, 2018, bargaining unit members who were vested into their pension
benefits on or before September 26, 2010, shall have the pension benefits in accordance with the
provisions of the FIPO in effect on September 26, 2010. Those bargaining u11it members shall be
eligible to participate in the Backdrop Option set forth in section 39.3, below, or the Front Drop
with the option of c1coting i.-ip to seven (7) years, but not both.
Effective September 30, 2021, bargaining unit members who were not vested into their
benefit on or before September 26, 2010, shall have the pension benefits in accordance with the
provisions of the FIFO in effect on September 26, 2010, with a cap on benefits of one hundred
and twenty thousand dollars ($120,000.00). Those bargaining unit members will remain eligible
to participate in the Backdrop Option set forth in section 39.3, below.
Employee ee pension contributions
The Employee pension contribution will be seven percent (7%) of compensation for all
employees hired before October 1, 2012. For all employees persons hired on or after October 1,
2012, the employee pension contribution shall be ten percent (10%) of compensation.
39.2 In the event the City decides to pursue the issuance of a securitized instrument as an
asset to FIPO, the City and the Union agree to negotiate a sharing arrangement for a portion of
the savings.
39.3 BACKDROP option. A Backdrop benefit option shall be implemented on January 1,
2013, The Backdrop option shall be implemented for members who were not vested in the Plan
on. December 31, 2012. Vested members as of December 31, 2012, remain eligible for the
forward DROP, or in the alternative are eligible for the Backdrop. Members who become vested
on or after January 1, 2013, shall only be eligible for Backdrop.
(a) An eligible employee who elects the Backdrop option shall receive a
monthly Benefit payable on the employee's aetaal retirement date (date of
retirement and separation from City employment) based on the benefit the
employee would have received if he/she had left City employment and retired
on an earlier date after attaining .normal retirement eligibility (the "Backdrop
date"), In addition, an eligible employee who elects the Backdrop option will
receive a hump sum payment equal to the accumulation of monthly retirement
benefit payments .helshe would have received during the period following the
Backdrop date through the actual retirement elate ("Backdrop period."), plus
interest at the rate of 3% per year, compound animally. An eligible employee
may elect a minimum Backdrop period of 1 year and maximirrn Backdrop
period of trip to seven years. An eligible employee who elects the Backdrop
option must select the normal form of benefit or an optional form of benefit in
accordance with section 40-203(m) at the time of electing the Backdrop option.
The employee's monthly benefit as well as the Jump sum payment under the
Backdrop option is based on the form of benefit selected.
(b) Employees are eligible to elect the Backdrop option after completing one year
of creditable service following the normal retirement date. The maximum
Backdrop period is 7 years. Eligible employees who wish to elect the, Backdrop
option roust provide written notification to the Department Director and the
Department of Human Resources at least 8 months prior to the employee's
retirement date; provided a lesser notice period may be, approved by the City
Manager due to special circumstances, Employees are not required to elect the
Backdrop option.
(c) All or part of the lump sung payment under the Backdrop option may be
rolled over to an eligible retirement plan or IRA in accordance with federal
law.
If the back. DROP is ever terminated, for any reason, the rights of all persons then in the
DROP shall not be diminished or impaired. Additionally, if the back DROP is over terminated,
all persons who are then eligible for a back DROP will still be eligible for a 7 year back DROP,
The Board of Trustees of FJP0 shall dovelop operational rules for the implementation of this
provision.
The parties agree to support the change of the approved actuarial cost method from the
current aggregate method to the Entry Age Normal actuarial cost method based on reasonable
amortization periods and as,sumed'payroll growth with an expected reduction in contribution
requirements of approximately 2.58 million dollars estimated rising a 25 year amortization period
and 3% payroll growth. If legally necessary or legally required, the parties agree to jointly
petition the Circuit Court judge in the case of Gates v. City of Miami to alter the judgment
accordingly, to be effective for the plan year beginning October 1, 2012. Upoir receipt of
approval from the Court, the City shall implement the change by ordinance.
39.4 Service Retirement Benefit 11'l(ul.4pljer
Article 40
BID PROCE,881STNIOTITTY
40.1 The Deparftn;mt shall be limited to a once per yeat citywide bid of all Field O.Perations
Division positioii.s, if deerned necessary by the Chief of PoliceThe Department shall dete'rMine
what slots will be staffed and filled.
40,2 —Bareaininaunit members who Relieved of Dutyare noteli2ible to nartiQiDW in any bid
gt%gss wider this Article. Rugaining unit nignibers who are on light duty or any type of U&A
or medically related leave .shall
medical certification sa=)rtiur a reftim to work date that is no later than thbv- (30) dot from the
date that .the pqition/shjft is t
reason, they shall forfeit the, -Peinfmnt position on. the bid urtfit t LZ, . �xt bid,
40.23 I'lic Chief of Police m continue to fill slots as opening-. occur doing the year
through the established regular bidding pmQQss. The, Chief of Police shall detennino what open
slots will be staffed and bid. When one or inore vacant slots need to be filled, penonnel tuay be
toinporarily assigned to cover staffing needs. Those bargaining twit membus who are, temporarily
. . ..... .....................................
....... ..............
azigned witt come from bargaining unit members most recently txansfierred to Field Operations
Divi,sion, laterals ftom tither Depakiment, probatiot.-iary ufficers/sergeants, and bugaining -unit
nicinbers who have not yet bid for a porinanent position, TGrnpoirai-y a,"Ignments will be for a
period not to exceed twelve (12) nionths.
40.34 Seniority shall only -be used in deteraii-nitig Nhiflt a8sigaraQnt, urca, and in the assignment
of days off within a patrol unit, should an
V4650 v I (As of 1,11.22)
obi -Smiol"ity.mv y &haR-ftEA-bc used in determiniag wisignment to a specialized unit. In
specialized imifts seniority is defined as cm-itinwim time, within tho specialized unit.
40,4�5 Senictity shatI, fear be purposo of this Article, be drpOnwd ante of hilt' os Police Officer
50051WbQTo SenioAty is the, same for two or..pjpvg,..Police. . 0 Mcgrs. the (late of hire as. a
Reemit (5003) shall be aatilized. Where the date, of hhv-asay(dice Recruit is the same the most
recent data, of�TPILcation as a Police Recruit With the ..City...shall . be utilized. Fo.r the tank p
Soracant (5011), genigij!y is defined aq the cf betive date of promotiap tp..user gcant, Where 010
date of plo-m-ption. to Sgrgegpt is the same -for two or more Sergewitg t,e date of hirc. as. Ea Police
Officer Aall be utilized, For the rank, of Lieutenant. (5012),.,,imdLn!Y is defined m:Lf�o effective
state of promotion taliggtWant, Where the date of promotion to Lieutqnant is the same for two
or more Lieutcriants, the effective date of pramotion as Saracant Rhall be utitized, For the rank of
Captain (50 13), seniority is defined as. the effrai-ve dato, of promotion to CAptain. Wherp the dafe
the effective date of vrolng.tiojl to
Lieutenant shall be utilizeA. The above mocess shall be, used to break all ties jpjsgpioiityjU!jL4!q
qf a0ligration as Police R
mnkl ff-ebatieafwy
A^t-0
ef
4-
-41—eA
qq
efLieu*,nantlk
P46501724 vl (A,4 or 131.22)
40.65 Exceptions to the use ol'6eniority as specified in 4035 may occiir in an emergency or
where speoial. knowledge, or skills are .needed of as determined by the Chief of Police or the Cblef s
RLIIPRL) hLSS/SENIQIqTY FOR DETENTION GF F ICERS
QL_ _ _
40.76 One full. yeax after the conmiencement of the Detention Officer position' the CAW of
Police shall. fill slats to 11011-probationary Deftmtion Officers, TIx open. slots will be filled
throughout the mgidat biddhig proces&
40.8-7 Tfiereafter, Cite Chief of Police shall determine what open slots will be staffed and bid,
When one or j nore vacant slots need to be filled, persomI m ay be tmporarily assigned to covet
staffing aced.g. Temporavy mi&ri-qnemt-s, will be for a period not to e=eed tweive (12) manths,
40.98 Seniority shall only be wed in determining sbiff assignment, area. and ill the assigm-nent
of days off upon an opening occurrilig,
40,109 Seniority shall, for the purpose of this Attiele, be defined as the date on WIlich the
employee obtained petmanent status as a Mention offlci r, ml-tiding probationary periods
and initial) and employmeut, irL nori-swom status. WI-Lere seniority is the same for
two or raore dotGntion officus, dion the most recent date of hireshall be utilized, Whom s miority
3
)14601724 vI (As of 1.31.22)
by date of hire is the same, then the Mst mcout date and time of the employment application with
the Qityvwill be utilized, For piirposos of this Article, lwtvts of absence without pay ox su6p=sions
will reduce the Dotendon Officer's seniority by the amount of tisane for such leave of absonm or
suspension.
40.1119 Exceptions, to the use of seniority as specifit,:d III 4U may occur in ail emurgency or
when apecial knowledge or skills are Iieeded, as determined by the Chief of Police or the Chief.'$
dk�signee'
For iho City te"i Ml
Data:
4,
6501724 Y1 (As of 1.51,22)
Article 41
VEHICLE PROGRAM
41.1 In an effort to :reduce costs to the City in maintenance, repairs, accidents and liability,
the following take-home vehicle program will be implemented. -
A. All sworn bargaining unit members, with the exception of Detention Officers, will
be assigned only one twenty-four (24) bour vehicle upon his/her successful
completion of probation. Bargaining unit members assigned to the Motors Unit
may use a City provided pool vehicle if such pool vehicle is available. However,
nothing in this Article shall be construed as requiring the City to haveool
vehicles available.
B. Twenty-four (24) hoer vehicles will only be used for travel to and from the
bargaining unit member's home and work or any function within the scope of
his/her official duties,
C. Twenty-four (24) hour vehicles will only be used for personal reasons within the
boundaries of the City of Miami, except for use within Metro -Dade County for
the purpose of attending college classes.
D. Under no circumstance will a City vehicle be used to transport a passenger
outside the scope of his/her official City bri.siness.
E. Any bargaining unit member involved in a vehicular accident determined to be
preventable by the Accident Review Board will lose the privilege of a twenty-four
(24) hour vehicle as follows:
Reasonable action
No injuries
Under $1,000 damage No Loss
Reasonable action 1 Month
No injuries
Over $1,000 damage
Reasonable action 2 Months
Injuries
Unreasonable action. 3 Months
No injuries
Unreasonable action 6 Months
Injuries
F. The above -mentioned sanctions will be imposed in addition to any disciplinary
actions that may be imposed by the City.
G. A bargaining unit member, whose twenty-four (24) hour vehicle is unavailable
due to maintenance, repairs, or damage, will not require, the replacement of said
vehicle on a twenty-four (24) Dour basis.
H. Departmental policy on the use and operation of police vehicles shall apply. To
facilitate the dissemination of information to bargaining unit members regarding
changes to Departmental policy on the use and operation of twenty-four (24) hour
vehicles, the Department agrees to notify the president of the F.Q.P. or designee
of'such changes five (5) days prior to the,; effective date of the change, however, a
failure to notify shall not be grrievable or arbitrable.
I. (i) It will be the intent of the City to replace twenty four (24) hour vehicles every
seven (7) years with no mileage, requirements. For the term of this Agreement,
the City will purchase/lease vehicles as set forth in (ii) below. Mid -size vehicles
may be purchased/leased as replacement vehicles if the vehicle being replaced is
not a pursuit vehicle in patrol. FenH (4)._oy4T..e Vehis' ,n may be . ee
' 1 rY�1 11 c a t1Bi1ST-G&MH-fli'ni'�Cj--mac lfk�(�1'11 , "l�'«". `t, 7�. 8k"cam
cxA—e„te1 Uu +a ,.Wduv,e�rll et c ,�,<�., ,+
(ii) The City will purchase/lease and allocate twenty --four (24) hour vehicles.
Sixty percent of the vehicles will be marked vehicles and the
remainder unmarked. All insurance monies recovered by the City for police
vehicular accidents which is not used to repair police vehicles rnay wi-R-be used to
purchase/lease additional police vehicles in the next fiscal year.
The F.O.I. agrees that bargaining unit members are required to have routine
preventative maintenance performed on their assigned City -owned vehicle. The
officer's responsibility is limited to taking in their assigned vehicle for
maintenance, as required in subsections 1) __ 4), below. Those maintenance items
that bargaining unit members will be required to have performed on their
vehicles, at the City's expense, shall include the following:
1) Check and refill if necessary, power steering fluid, radiator coolant
reservoir, transmission fluid, and tire pressure.
2) Wiper blade inspection.
3) Lubricate chassis, hood, and door hinges.
4) Oil and oil filter change, (API Service SF/CC RPMHD -10 W-30 energy
conserving or 30-40 W).
(Motorcycle preventive maintenance shall include change of oil, change of all
fluids, and lubrication of chassis).
Such preventive maintenance shall be performed every five thousand (5,000)
miles (preventive maintenance for motorcycles shall be performed every four
AAL46LJ2
TUITION REIMBURSEMENT
42,1 The tuition rei-mburscment program is desip.ed to onuumage bargaiDing unit members
to improve their job p erformanco and increase thoir value to the City try pursuing cmirses of study
related to their job duties is accredited technical school, college aruaiveysityaaWor miy approved
accredited: on -litre college/university in tho United States where accreditation is recogruized by tba,
United States Department of Edi:tcalion, Other educaaanal programs -may be covered, provided.
the City and the F.O.P. mutually agree upon inclusion of the educationdl. program.
41.2 Any full-time sworn, permanent bargaining unit niernbcr shall be eligible to participate
in the Tuition %Arnb Linsement Program so —Io—im as —the with the Qj!Y'S
adminiatrativo orereavi,8ites for Pallicipation in "he LrogL krn.
42.3 All course, work .must be taken at ot from an accTedited college, university or educational
iti,qtihitioa approved. by the City Manager or the Departnirmt of Hxnaa Resources designee,
Course wmk- taken under provisions of this Axticle i)Liust be directly related to the bargainiiig unit
mombGr'sjob duties. Uw5s atlendanoe will be on the barg�dnfiig unit membeVs own. time unlem
otlwrwise noted in the course announcoment and authorized by tho City Manager or the Labor
Relations/Deputy Director Departiiieftt of Human Resources,
42.4 Reimbur8orneiit will be limited to actual Wition costs up to a inaximur . of few —,—six
thousand dollajrs ($4( 2,000) per calendar year, Bo As, housing., fficidetitad fees, and all other fees
and costs -related to the coursework will not be reitribursed by the City.
42.5 To be eligible fbi reimbursement, the bafgailling Unit Member MQSt 911=33ftIlly
corapletc the course work and provide ovidenoc of a grade of "C" or bettor to flie City.
P4650532 YQA.-, of 1,3 L22) 1.
4U Proccdures for raimb-Lirseirkent will be as follows:
AThe bargaining imit member must obtain three (3) copies of the Application for
Titition Roirnburgement .form for each course -6,om the Police Deparftnent or the
Human Rksoutces Department.
13. The bargaining unit inomber Diust complete the application in triplicate and s0mit
it to the Chief of Police subsequent to registration and immediately prior to the first
day of class at the education institWion,
C. The Chief of Police will r(Mew the application and if he/she approves, and will
fbiward the original and one cony to the Human Resources Department, If the
application is disapproved, it will be -returned to the bar gainhig unit member by tho
Chief of Police,
1). The Director of Human 1(esoarces or designee also has disareticyn &nd authority to
aipprove or disapprove the application, and applications not approved will be
rettimed. to the Chief of Police with the reason for rejection noted thereon.
42.7 la the event the bargaining Lnr[t member re5i giis or is terminated from, the City within. one
................. ..... ... . . .. .... .
(1) year following completion of the course(s) for which City farads were expended, the amount of
tuition Yoimbmsement paid to the bargaining unit member will be refinb-arsed to the City by Clio
bargainiiig unit inember upon, his/her termination from the City tl-a-ough a deduotiot from higAier
final payat-teok,
42.8 'Upon completion of the course work, die bargaining iLnit member ta-ust 811-bmit his/bor
semester gradc roport. together with the taidon fee rccoipf to the Chief of Police. The Chief of
Police will submit the approved 4pplicatioa for tuitioji rc hnbursenwh nt along with the bargaining
#4654 1,532 vljAs of 1,31,22) 2
Emit member's seine stor grado repoo to the Finance .Department Who shall then reimburse the
bargaining wait moniber for the City's share of the tuition refinbarsemont. The Chic f of Police will
advise die 1.1-utman Rosourcos Department of the bzwgainhig unit men bees satisfacWry conpldjon
of the coin s
Z "
Date:—
1: 114610.1512, vl.(M of 1.3J.,92) 3
Article 43
POST EMPLOYMENT HEALTH PLAN
43.1 The parties agree that the F.O.P. will establish the Fraternal Order of Police, Lodge #20,
Post Employment Health Plan ("PEHP"), consistent with current IRS Rules and Regulations.
43.2 Eligibility for membership, taxability, funding and administration of the PEHP, will be as
outlined in the PEHP Document.
43.3 The PEHP will establish individual accounts for each member in the PEHP.
43.4 Upon separation of service from the City all members will have their sick leave balances
calculated at their hourly rate of pay at time of separation and transferred to their PEHP accounts.
43.5 Any losses, charges or expenses incurred by the participant in the PEHP will be borne by
the participant and shall not be made up by the City of Miami, the F.Q.P. or the PEHP.
For the City
Date:
445216768 vl (As of8.31.2021) 108
Article 44
44.1 Promotiom will be done, if budgetat-ily and administrafively feasible as doteraiiiied by the
City Managor. Wban a classified perinanont promotional vacanoy occurs in any bargaining emit
position, it shall be filled within areasonable pedod of thne after o&tAlishnient of the Eligible
Registor per tll'e Civil fez-Vice:Rules, Filling of all swom classified budgeted vacancies shall be in
accordance with. the Civil.Sorvice Rates and Regulations, so long as they are not inconsistent with
provisions of this Agroe,mcnt, All sworn classified budgewd vacaricies shall be filled froin the
prorriotional register in effbol at the time the budgeted vacancy occurs. If a pmmotional register
is not .in effect, Vacancies will be filled from the -next promotional Yegistor,
Promotions will be made upon the eff6cave date, of the budgeted vacancy for the classified
position, Fav pay and seniority purposes, if the City fails to promote within
Clays from Vie effoctivo Elate of the budgeted vacancy,
retroactive pay shall be paid beginning
j calendar
days from the, offective date of the biulgoted vacancy to the date of promotion, The date of
promotion forseniority ptuposw will be on the 18 1 ' day from the effective date of the budgeted
date- of tlie budgeted vactincy, if tile, -
promotion is not made before 180 days. However, the City
shall fill all budgeted vacaneics for the position of Sergoatt, Liuntenant and Captain pAor to the
expiration of the roister,
44.2 'I'llis provision shall not apply whoa a QM:mride froeze is declared by the City Manager,
or the position is abolished, frozen, or audited fyom one- barga.iuing unit classification to a different
bar,giduiag iin it classificatioti by be City Mann or,,ftor shaU it apply when a prornotioli is delayed
due to co -art order(s), judgment -and/or Order Rom the Department of Yumice.(DOJ) axpte,8sly
#46461413 A, (A$ of 1.31,2022) 1
prohibithig the adininistration of an examiliation/proinotion. Once froezo is lifted, vacancies
shall be Filled as outlined in 44,1 , The City shall not abolish a sworn classified position for the
sole purpose of reclassifying to a sworn unclassified position
The parties agr.ee that, the City shall, upon xatification of this Agreonlent, audit no less that
four sworn iinelassifted/senior staff positions within the Police Department to deteanine if
budgetarity and administratively fe=4(e to iinploment reclassifloation to the position of Police
Captain,
44.3 The Dopaitment of RumanResourcos will keep the members of fire bargithibig unit covered
by this,Agreemeut advised as to promo-[iomeil oppurLutitiag within Article 1, Rucogniflom
44A Further.., the Dopart ment of Human Roso-Luces Director via Offictalffiflietin of the Miami
Police .department and. norni'al notification via the Employri ctit Office will advise eligible
applicants Bor promotional opportufflties of -the general area to be reviewed for propuation prior
to the exatn,
44.5 All promotional regii3ters for Police Sergeant, Lieutenant, and Captain shall remain, in
off-mt for a period of two (2) years from the date the rv-gisteT becomes dfbatve, unless the register
is e'Alauste'd. TST flioru are no Yacancies, no exam will be required hi the ranks of Police Sergeant;
......... .... . ... ........ . .......
Lieiitenaiit, andlor Captain, however, the City reserves (lie right to develop and adTninistot oxanis
in order to maintain eligible registers in. anticipation of -staff-ing.requireinents.
44�6
possible after the expiration of the previous promotional register from the classified position, The
cutoff date to detertnine seniority and eligibility ft)r the exainination will ho the first day the
e,xarn�r.tatinahs adnainistered,
040461,413 vI (As of IJI.20U) 2
44,7 Promotional register for't"Olice Sergewit, Lieutmanto and Captain shall. lave ties broken
using "�eniority credit tt-lat was Provimsly used in calolating the smiorityscore for the exam If a
tie still exists., it shall. bebrokon in favor o'tlie highest ranIdlig Police, OfEwer on the Department
seniority list for the Sergemit's tog.ister, or the high.eA ranking OfTwer on tbo appropriate seniority
in grade list -lbr the Lieutenants' or Captains' register,
44.8
ioi—ttw city
he Union�'
Date: -
#4646 [413 v I (&of 1.31.2022)
Article 45
TERM OF AGREEMENT
45.1 After a majority vote of those bargaining unit members voting on the question of
ratification and thereafter upon its ratification by an official resolution of the City Commission
ratifying the Agreement and authorizing the City Manager to sign the Agreement on behalf of
the City, then the Agreement, upon being signed by the appropriate F.O.P. representatives and
the City Manager, shall become effective October 1, 20214-$, except where otherwise stipulated.
The Agreement shall continue in force and effect until 11:59 p,m., September 30, 2024-3.
45.2 Unless mutually agreed otherwise, on or before Februaryl, 2024-3, the F.O.P. shall
notify the City in writing of its intention to renegotiate the Agreement in force, and attached
thereto shall include a complete list of proposals which shall inform the City of the articles which
they desire to negotiate, together with specific language embodying and. describing their
proposals. The changes indicated in the proposals shall be designated by article numbers and/or
section numbers with a strike through of deleted language (same) and new language will be
underlined (sam le .
45.3 On or before March 1, 2024-3, unless mutually agreed otherwise, the City will present
the YO.P. with a list of proposals it desires to negotiate, together with specific language,
describing its proposals. The changes indicated in the proposals shall be designated by article
numbers and/or section numbers with a strike through of deleted language and new
language will be underlined (sample).
45.4 Initial discussions shall thereafter, and no later than March 15, 202471 be entered into
by the City and the, F.O.P.
Addendum A (Base)
Yrs of Servi
Step
Police Officer
Police Sergeant
Police Lieutenant
Police Captain
Detention 1
Police Recr
01.FOP
03.FOP
05.FOP
07.FOP
O1.FOP-DG
OO.FOP
5005
5011
5012
5013
5080
5003
0
1
26.8393
30.9993
35.8042
41.3538
23.7507
25.5612
11
2
28,1811
32.5492
37,5944
43,42151,
24,93831
25.5612
Stepincrease %
5%
5%
5%
5%
25.5612
21
3
29.5901
34.1766
39,4740
45.5925
26.1852
25.5612
. , 0
Step lncre.ase l
5JO
:. 5%
- SlD-
-.
5%
6
Sf
25.5612
3
4
31..0697
35,8855
41.4478
47.8721
27.4943
25.5612
*"crease I
5%
5%
5%
5%
59'0'
25.5612
41
5
32.6233
37.6799
43,5202
50.2658
28,8691
25.5612
Step increase /
5%
S✓
. 5l
` 5.
25.5612
51
6
34.2543
39.5638
45,6963
52.8000
30,3125
25.5612
SLOP Increase %
5%
5%
5%
5f6
5%�
25.5612
6
7
35.9672
41.5420
47.9810
55.4181
31,8280
25.5612
Step Incr�A V-13
5%
S%
S!
-:'
25.5612
7
81
37.7654
43.6191
50.3801
58.1889
33.4195
25.5612
Sce{ ncrea�s -
5%
51
S%
5%
5/
25.5612
8 9,
39.6537
45.8001
52.8991
61.0983
35.0905
25.5612
;.: CreaSB o /a
�.�E��il
u 5%5%
5%
,. 5%
;? 5%'
25.5612
9 10
41.6364
48.0901
55.5441
64.1533
36.8450
25.5612
Step:Encrease %
5%
5%
5%'
='✓
_°
25.5612
10
11
42,4691
49.0519
56.6549
65.43631
37.5819
25.5612
Step' Increase:.,
2%
2%
?_%'
2%
25.5612
Ili 12
43.3185
50.0329
57.78801
66.7451
38.3335
25.5612
51?..�1nCease
2%
2%
21
2%
2%0'
25.5612
121 13
44.1849
51.0336
581.94381
68.0800
39.1002
25.5612
1lep crease %
in
2%
2%
. 2%
2%
2%
25.5612
131
14
44.6267
51.5439
59.S332
683608
39.4912
25.5612
Increase g/
..,
1%°fo
%
. 1%
;` 1%
25.5612
141
151
45.1333
52,1289
60.2099
69.5412
39.93941
25.5612
Step.l crease %
1%
i%
1%
1%
zr,3 %0
25.5612
151
16
46.0360
53.1715
61.4131
70,9320
40.7382
25.5612
# {� 'ease %
-2%
2%
?_f
2%n_
2° ;
25.5612
Addendum A (Year 13%)
Yrs of Sere Step I Police Offid Police Sere Police Lieu Police CapI Detention I Police Recruit
01.FOP
03,FOP
05.FOP
07.FOP
O1.FOP-DCOO.FOP
5005
Sell
5012
5013
5080
5003
3%
3%
3%
3%
3%
3%
0
1
27,6445
31.9293
36.8783
42.5944
24.4632
26.3280
1
2
29,0265
33.5257
38.72221
44.7241
25.6864
2
3
30.4778
35.2019
40.6582
46.9603
26.9708
3
4
32.0018
36.9621
42.6912
49.3083
28.3191
4
5
33.6020
38.8103
44.8258
51.7738
29.7352
5
6
35,2819
40.7507
47.0672
54.3840
31,2219
6
7
37.0462
42.7883
49,42041
57.0806
32.7828
7
8
38.8984
44.9277
51.89151
59.9346
34.4221
8
9
40.8433
47.1741.
54.48611
62.9313
36.1432
9
10
42.8855
49.5328
-57.21041
66.0779
37.9504
10
11
43,7432
50.5235
58.3545
67.3994
38.7094
11
12
44.6181
51.5339
59.3156
68.7475
39.4835
12
13
45.5103
52.5646
60.7121
70.1224
40,2732
13
14
45.9655
53.0902
61.3192
70.8236
40.6759
141
151
46.4873
S3.692771
62.015171.71.62744
41.13758
151
161
47,41091
54.76661
63.25551
73.0600
41.9603
VW
Addendum A (Year 2 2%)
Yrs of Servi
Step
Police Offi
Police Serg
Police Lieu
Police Capi
detention 1
Police Recrt
01.FOP
03.FOP
05.FOP
07.FOP
O1.FOP-DC
OO.FOP
5005
5011
5012
5013
5080
5003
1.02
0.03
0.03
0.03
0.03
0.03
0
1
29.1974
32.5679
37.6159
43.4463
24.9525
26.8546
1
2
29.6071
34,1962
39.4967
45.6186
26.2002
2
3
31.0874
35.9059
41.4714
47.8995
27.5102
3
4
32.6418
37.7013
43.54511
50.2944
28.8855
4
5
34.2740
39.5865
45.727-31
52.8092
30.3299
5
6
35.9876
41.5657
48.00851
55.4717
31.8463
6
7
37.7871
43.6440
50.4088
58.2223
33.4385
7
8
39.6763
45,8262
52.9293
61.1333
35.1105
8
9
41,6602
48.1176
55.5758
64.1899
36.8661
9
10
43.7432
505235
58,3546
67.3995
38.7094
10
11
44.6180
51.5339
59.5216
68.7474
39.4835
11
12
45.5 1 D41
52.5646
60.5020
70.1224
40.2732
12
13
46.4206
53.6159
61.9264
71.5248
41.0787
13
14
46.8848
54,1520
62.5456
72,2401
41.4895
14
15
47.4170
54.76661
63.25551
73.0600
41.9603
15
161
48,35911
SS.86201
64.52061
74.52121
42.7996