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HomeMy WebLinkAboutR-02-0344J-02-272 3/19/02 RESOLUTION NO. ® 2 8 4 4 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20, FOR THE PERIOD OF OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2004. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is authorizedl� to enter into a Collective Bargaining Agreement, in substantially the attached form, between the City of Miami and the employee organization known as the Fraternal Order of Police, Walter E. Headley, Jr., Miami Lodge No. 20, for the period of October 1, 2001 through September 30, 2004. The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. ry: CM covWASION mmzxv lbr MAP 2 7 2001 0;'- 34.4 i r Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor Y PASSED AND ADOPTED this 27th ATTEST: PRISCILLA A. THOM SON CITY CLERK AND CORRECTNESS:' OLWJAYDRO VILARELLO CIT ATTORNEY W6115:tr:9SS day/J of March , 2002. MANUEL A. DIAZ, MAY a/ If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 02— 344 • 1 AGREEMENT 2 CITY OF MIAMI, MIAMI, FLORIDA 3 AND 4 FRATERNAL ORDER OF POLICE, 5 WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20 6 OCTOBER 1, 4W 2001 THROUGH SEPTEMBER 30, 2W 2004 02- 344 City of Miami Proposal No Change 05108/01 AGREEMENT 2 THIS AGREEMENT is entered into this s day of ter:= by the CITY OF 3 MIAMI, FLORIDA, a municipal corporation, hereinafter referred to as the "City," 4 and the FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI 5 LODGE NO. 20, hereinafter referred to as the "F.O.P.," an organization 6 representing certain sworn police" employees of the -City- of Miami's Police 7 Department. 9 PREAMBLE 1.0 WHEREAS, it is the intention of the parties to this Agreement to set forth the 11 entire Agreement of the parties with respect to matters within the scope of 12 negotiations; 13 NOW, THEREFORE, in consideration of the mutual covenants and agreements 14 herein contained, the parties do mutually covenant and agree as follows: Agreed City rte.,FOP 1 Date �,() -(a* 02— 344 • 1 2 Article 1 RECOGNITYQN City of Miami Proposal 07/12/01 3 1,1 Pursuant to and in accordance with all applicable provisions of the Florida 4 Public Employees Collective Bargaining Law, Chapter 447, Florida Statutes, 5 management . recognizes the F.O.P. as the exclusive collective bargaining 6 representative for those employees in the defined bargaining unit for the purpose of 7 collective bargaining with respect to wages, hours, and other terms and conditions 8 of employment. 9 1.2 The bargaining unit consists of all sworn employees (hereafter referred to 10 as bargaining unit member(s)) holding positions in the classifications shown beldar 11 which may hereafter be added to, reduced or changed as 12 hereinafter provided, and excludes all other employees not spec -"Cally shown below 13 in section 1.4. ' eChanges in the 14 bargaining unit shall only be made upon proper application to and adjudication by 15 the annroyriate'�.statea, eg ncv andlor the 16 appropriate court of competent jurisdiction; or as may be mutually agreed upon by 17 the parties. 18 1.3 The salaries listed in the gppepdices re resent an xo at j2 The 19 sglary schedule is ued by -the Human Resources De . 'e t., s' he j ffic Ci 20 salary document. 21 Agreed Cit FOP �` Date Z/ c 3 1 1.4 2 3 4 5 6 7 8 9 4 Agreed City • City of Miami Proposal 07/12/01 LI, L 0 r "L1401 FOP Date 02- 344 _J • City of Miami Proposal No Change 4514$!01 1 Article 2 2 REPRESENTATION OF THE CITY 3 2.1 The City shall be represented by the City Manager, or a person or persons 4 designated in writing to the F.O.P. by the City Manager. The City Manager, or his 5 designated representative, shall have sole authority to conclude an agreement on 6 behalf of the City subject to ratification by an official resolution of the City 7 8 9 10 11 12 13 14 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. Agreed City FOP V Date AAfk 5 344 • City of Miami Proposal 06!27/01 1 Article 3 2 REPRE69ENT TION OF THE ROLE 3 3,1 The F.O.P. shall be represented by the President of the F.O.P. or by 4 person or persons designated in writing to the City Manager by the President of the 5 F.O.P. The identification of representatives shall be made each year by April tat. 6 Such designation shall be accompanied by an affidavit executed by said President 7 that the F.O.P. has complied with all requirements of State Law in effect at that 8 time with respect to registration of the F.O.P. The' President of the F.O.P., or 9 person or persons designated by said President, shall have full authority to conclude 10 an Agreement on behalf of the F.O.P., subject to ratification by a majority vote of 11 those bargaining unit members voting on the question of ratification. It is 12 understood that the F.O.P. representative or representatives are the official 13 representatives of the F.O.P. for e --e€ negotiating with the City. Any 14 negotiations entered into with persons other than those defined herein, regardless 15 of their position or association with the F.O.P., shall be deemed unauthorized and 16 shall have no stan&ng or weight of authority in committing or in any way 17 obligating the F.O.P. The F.O.P. shall notify the City Manager in writing of any 18 changes in the designation of the President of the F.O.P. or of any certified 19 representative of the F.O.P. Up to five (5) designated representatives of the F.O.P. 20 shall be permitted to attend the negotiation sessions on duty with no loss of pay or 21 emoluments. Three (3) of the representatives shall be compensated by the City 22 their shifts and/or days o gball be adjusted to accommodate • t e nenti- 23, proces$. The other two 2) shall be comp sated by the Tim ZP)l consistent with Agreed City FOP Date / S 02- 344 1 2 3 4 City of Miami Proposal 06/27/01 the provisions of Article 26. The seven day notice requirement will not apply where the schedule of negotiating sessions prohibits its application. �.4 X41"�1-=3n2 t 1.'L!' • !•�•� • ' : • 2 e • s • : • e 6 Agreed City r—�&, ) POP .i�� j �A -'"' Date City of Miami 4osal #2 0$124101 -Agreed City of Miami Proposal 03/1$/02 -Revised 1 Article 4 2 MANAGEMENT RIGHTS 3 4.1 The F.O.P. agrees that the City has and will continue to retain, whether exercised or 4 not, the right to operate and manage its affairs in all respects; and the powers or authority which 5 the City has not officially abridged, delegated or modified by the express provisions of this 6 Agreement are retained by the City. The rights of the City, through its management officials, 7 shall include, but shall not be limited to, the right to determine the organization of City 8 Government; to determine the purpose of each of its constituent departments; to exercise control 9 and discretion over the organization and efficiency of operations of the City; to set standards for 10 service to be offered to the public; to direct the bargaining unit members of the City, including 11 the right to assign work and overtime; to hire, examine, classify, promote, train, transfer, assign, 12 and schedule bargaining unit members in positions with the City; to suspend, demote, discharge, 13 or take other disciplinary action against employees for proper cause; to increase, reduce, change, 14 modify or alter the composition and size - of the work force, including the right to relieve 15 bargaining unit members from duties because of lack of work or funds; to determine the location, 16 methods, means, and personnel by which operations are to be conducted, including the right to 17 determine whether goods or services are to be made or purchased; to establish, modify, combine 18 or abolish job pay positions; to change or eliminate existing methods of operation, equipment or 19 facilities; and to establish, implement and maintain an effective internal security program. 20 4.2 Sworn police will be promoted to civil service ranks based upon the rule of one. 21 except RMMotigM may be denied or delayed for cause. The following is declared to be cause for 22 demdu or delatag aro tion: 23. A bargaining unit member who _t the time of the RLomotion is under investigation for 24 unlawful or unethical acts by any law enforcement encgor the City's Police Internal Agreed City FOPS Date 3�CT7, 02- 344 City of Miamaposal #2 08124101 -Agreed City of Miami Proposal 03/18102 -Revised 1 Affairs Unit. if a bar ainin unit member has a romotion dela ed far cause and is 2 later cleared, he/she shall -be promoted retroactive as if the event had not occurred.. 3 The 12arties a ee to continue to work together to identify and develo a fair and a diversified 4 police department. 5 4.3 4.4 The City has the sole authority to determine the purpose and mission of the City, 6 to prepare and submit budgets to be adopted by the City Commission. 7 4.4 43 The City shall enforce and comply with the provisions of the Agreement so as not 8 to violate existing_ law. 9 89:77- as amended). 14 4.5 4:4 Those inherent managerial functions, prerogatives and policy making rights which 11 the City has not expressly modified or restricted by a specific provision of this Agreement are 12 not in any way, directly or indirectly, subject to the Grievance Procedure contained herein. 13 4.6 43 Delivery of municipal services in the most efficient, effective and courteous 14 manner is of paramount importance to the City of Miami. Such achievement is recognized to be 15 a mutual obligation of both parties within their respective roles and responsibilities. Agreed City �� FOP L Date 8- City of Miami Proposal No Change 05/08/01 1 Article 5 2 NO STRIKE 3 5.1 "Strike" means the concerted failure to report for duty, the concerted 4 absence of bargaining unit members from their positions, the concerted stoppage of 5 work, the concerted submission of resignations, the concerted abstinence in whole or 6 in part by any group of employees from the full and faithful performance of their 7 duties of employment with the City, participation in a deliberate and concerted 8 course of conduct which adversely affects the services of the City, picketing or 9 demonstrating in furtherance of a work stoppage, either during the term of or after 10 the expiration of a collective bargaining agreement. 11 5.2 Neither the F.O.P., nor any of its officers, agents and members, nor any 12 bargaining unit members, covered by this Agreement, will instigate, promote, 13 sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, 14 concerted stoppage of work, illegal picketing, or any other interruption of the 15 operations of the City. 16 5.3 Each employee who holds a position with the F.O.P. occupies a position of 17 special trust and responsibility in maintaining and bringing about compliance with 18 this Article and the strike prohibition in F.S. 447.505 and the Constitution of the 19 State of Florida, Article 1, Section 6. Accordingly, the F.O.P., its officers, stewards 20 and other representatives agree that it is their continuing obligation and 21 responsibility to maintain compliance with this Article and the law, including their 22 responsibility to abide by the provisions of this Article and the law by remaining at 23 work during any interruption which may be initiated by others; and their Agreed City Jy FOP `J ' Date D/ 02- 314 4 �I 0 • City of Miami Proposal No Change 05/08/01 i responsibility, in event of breach of this Article or the law by other employees and 2 upon the request of the City, to encourage and direct employees violating this 3 Article or the law to return to work, and to disavow the strike publicly. 4 5.4 Any or all employees who violate any provisions of the law prohibiting 5 strikes or of this Article may be dismissed or otherwise disciplined by the City, and 6 any such action by the City shall not be grievable or arbitrable under the provisions 7 of Article 6 - Grievance Procedure. 12 Agreed Citv znc FOP Date Q y w 344 44 • I 2 Article 6 City okeami Proposal — 03/18/02 3 GRIEVANCE PROCEDURE 4 6.1 In a mutual effort to provide harmonious working relations between the parties of this 5 Agreement, it is agreed to and understood by both parties that there shall be a procedure for the 6 resolution of grievances or misunderstandings between the parties arising from the application or 7 interpretation of this Agreement. 8 6.2 A grievance is any dispute, controversy or difference between (a) the parties, (b) the 9 City and a bargaining unit member or bargaining unit members on any issues with respect to, on 10 account of or concerning the meaning, interpretation or application of this Agreement or any 11 terms or provisions thereof. 12 A grievance shall refer to the specific provision or provisions of this Agreement 13 alleged to have been violated. Any grievance not conforming to the provisions of this paragraph 14 or that contains non -identification of specific violations of the agreement shall be denied and not 15 eligible to advance through the steps of the Grievance Procedure including arbitration. 16 6.3 Nothing in this Article or elsewhere in this Agreement shall be construed to permit the 17 F.O.P. to process a grievance (a) on behalf of any employee without his consent, or (b) with 18 respect to any matter which is the subject of a grievance, appeal, administrative action before a 19 governmental board or agency, or court proceeding, brought by an individual employee or group 20 of employees, or by the F.O.P. 21 6.4 It is further agreed by the F.O.P. that employees covered by this Agreement shall 22 make an exclusive Election of Remedy prior to filing a 2"d step grievance or initiating action for 23 redress in any other forum. Such choice of remedy'will be made in writing on the Election of 24 Rem edv form to be available at the Office of Labor Relations. su*ie4 by 4he Gily. The Agreed City_ FOP �1' C Date p- 344 • City Oianii Proposal — 03/18/02 1 Election of Remedy form will indicate whether the aggrieved parry or parties wish to utilize the 2 Grievance Procedure contained in this Agreement or process the grievance, appeal or 3 administrative action before a governmental board, agency or court proceeding. Selection of 4 redress other than through the Grievance Procedure contained herein shall preclude the aggrieved 5 party or parties from utilizing said Grievance Procedure for adjustment of said grievance. 6 6.5 To simplify the Grievance Procedure, the number of "working days" in presenting a 7 8 9 10 11 12 13 14 15 16 17 18 19 20 grievance and receiving a reply from the different levels of supervision shall be based upon a forty (40) hour, five (S) day workweek, Monday through Friday not including citywide holiday. All grievances must be processed within the time limits herein provided unless 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 employees 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 employees or the F.O.P. representative on their behalf. 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. 21 6.6 Only an employee who has permanent Civil Service status as a sworn Police Officer 22 23 in the Miami Police Department may appeal a suspension, demotion, or dismissal through the grievance procedure contained in this Agreement or in accordance with the appeal procedure of Agreed City 7 ..J Fop Date�W1�— ` ®2- 344 • City o0ami Proposal — 03/18/02 1 the Civil Service Rules, but not both. Such grievances shall be filed at Step 3 within the time 2 Iimits set forth for Step 1. 3 6.7 Disputes involving the granting of workers' compensation shall not be subject to this 4 grievance procedure, but disputes involving the granting of supplemental disability pay shall be 5 grievable. 6 6.8 Grievances shall be processed in accordance with the following procedure: 7 St.__eR 1. 8 The aggrieved employee shall discuss the grievance with his immediate supervisor 9 within five (5) working days of the occurrence which gave rise to the grievance. The 14 F.O.P. representative may be present to represent the employee if the employee desires 11 him present. The immediate supervisor shall attempt to adjust the matter and/or 12 respond to the employee within five (5) working days. 13 Step 2. 14 If the grievance has not been satisfactorily resolved at Step 1, the employee or the 15 Employee Organization representative shall complete the Election of Remedy form 16 provided for in Section 6.4 of this Article before initiating the grievance to the second 17 step of the Grievance Procedure. If the aggrieved party or parties elect the remedy 18 other than the Grievance Procedure contained herein, the grievance shall be withdrawn 19 for redress consistent with the Election of Remedy form. 20 When the Election of Remedy form indicates the grievance is to be advanced through 21 the Grievance Procedure, the employee or the F.O.P. representative shall reduce the 22 grievance to writing on the ung evance form provided for this purpose and 23 present such written grievance to the Department Head or his designee within five (5) 24 working days from the time the response was given at Step 1. The Department Head Agreed City_ FOP �" 4 DateC7Z_ 02- 344 M City Oiami Proposal -- 03/18/02 1 or his designee shall meet with the employee and/or the F.O.P. representative and shall 2 respond in writing to the employee and the F.O.P. within seven (7) working days from 3 receipt of the written grievance. 4 Step 3. 5 If the grievance has not been satisfactorily resolved in Step 2, the employee or the 6 F.O.P. may present a written appeal to the City Manager or his the Labor 7 Relations Officer within seven (7) working days from the time the response was given 8 at Step 2. The City Manager and/or lis-desiee the Labor Relations Officer shall 9 meet hold a grievance hearing with the employee and/or the F.O.P. representative. amd 10 he The City Manager and/or the Labor Relations Officer shall respond in writing to the 11 bargaining unit member and the F.O.P. within ten (10) working days from the receipt 12 of appeal. 13 Step 4. 14 1. If the grievance is not settled in Step 3, it may upon written request of either the 15 Employee, Employee Organization or the City within seven (7) working days 16 after receipt of reply or answer be referred to arbitration by the Arbitrator. 17 2. The arbitration shall be conducted under the rules set forth in this Agreement and 18 not under the rules of the American Arbitration Association. Subject to the 19 following, the Arbitrator shall have jurisdiction and authority to decide a 20 grievance as defined in this Agreement. The Arbitrator shall have no authority to 21 change, amend, add to, subtract from, or otherwise alter or supplement this 22 Agreement, eF any part thereof, or any amendment hereto. The Arbitrator shall 23 have no authority to consider or rule upon any matter which is stated in this 24 Agreement not to be subject to arbitration or which is not a grievance as defined Agreed City FOP Date 02- 344 0 City 06ami Proposal — 03/18/82 1 in this Agreement, or which is -not covered by this Agreement; nor shall this 2 Collective Bargaining Agreement be construed by the Arbitrator to supersede any 3 applicable laws. 4 3. It is contemplated that the City and the F.O.P. or bargaining unit member shall 5 mutually agree in writing as to the statement of the matter to be arbitrated prior to 6 a hearing; and if this is done, the Arbitrator shall confine his decision to the 7 particular matter thus specified. 8 4. Each party shall bear the expense. of its own witnesses and of its own 9 representatives. The pagies F.O.P. and the Cily shall bear equally the expense of 10 the impartial Arbitrator, including any retainer fee of the Arbitrator. Should any 11 individual bargaining unit member bring „a grievance under this Article, he/she 12 shall be required to post a bond of an estimated one-half ('/,) of the expenses of 13 the hearing with the arbitrator before the hearing may be scheduled. The party 14 desiring a transcript of the hearing will bear the cost of same. 15 5. Copies of the award of the arbitration made in accordance with the jurisdiction or 16 authority under this Agreement shall be furnished to both parties within thirty (30) 17 days of the hearing and shall be final and binding on the aggrieved bargaining unit 18 member(s), the F.O.P. and the City. 19 6. The Arbitrator shall be selected by agreement of the parties. In the event the 20 parties cannot agree upon an Arbitrator, the Federal Mediation and Conciliation 21 Service shall be requested to nominate five (5) persons for such position. Each 22 party may reject such list in its entirety. If a list is not so rejected, names shall be 23 stricken alternately, the party striking first to be determined by the toss of a coin. Agreed City_ FOP P" G Date .3 0.2 344 L City Siami Proposal — 03/18/02 1 6.10 Effective upon ratification of the labor agreement, the city agrees to pay the F.O.P. up to 2 Tweftty Forty Thousand dollars ($-2 40,000) per fiscal year for representation of it's bargaining 3 unit members. Agreed City kaA—I_ FOP 40'YL �'' Date .3 i 02- 344 0 City of Miami Proposal 06/27/0! 1 Article 7 2 RILUES OFRILE CON TRU TION -MIS -Parftgr4h� 12 (From 25.1 Provisions in Conflict with Law) If this Agreement or any 13 provision, section, subsection, sentence, clause, phrase, or word of this Agreement is 14 in conflict with any law as finally determined by a court of competent jurisdiction 15 which had presented to it the issue of conflict as it may pertain to this Agreement, 16 that portion of the Agreement in conflict with said law or ordinance or resolution or 17 court interpretation of the law shall be null and void and subject to renegotiation. 18 4W4 Notwithstanding the provisions of this article, the parties agree that whenever 19 a n oti ted pl&use of the r contract is -in conflict with t e 20 the same subiect, the provisions of the LI%bor Ctgntract will take precedence. The 21 remainder of the Agreement shall remain in full force and effect with it being 22 presumed that the intent of the parties herein was to enter into the Agreement 23 without such invalid port'onL-SI arliene. Agreed City FOP Date L Z" 7 ��r 19 U2- 344 0 City of Miami Proposal 03/18/02 1 Article 8 2 DISCIPLINARY PROCEDURE 3 8.1 Whenever a bargaining unit member is under investigation and subject to interrogation by 4 the City of Miami Police Department for. any reason that could lead to disciplinary action, 5 demotion, or dismissal, such interrogation shall be conducted under the following conditions: 6 A. The interrogation shall be conducted at a reasonable hour, preferably while the 7 bargaining unit member is on duty, unless the seriousness of the investigation is 8 of such degree that an immediate action is required. If the bargaining unit 9 member is off duty at the time of the interrogation, the bargaining unit member 10 shall be entitled to overtime. 11 B. If the interrogation is conducted by or for the Department, it shall take place in a 12 Miami Police Department Building. If the interrogation is to be conducted by or 13 for another investigating agency, it shall be conducted at either the investigative 14 agency's office or at a Miami Police Department Building. 15 C. The bargaining unit member shall be informed of the rank, name and command of 16 the officer in charge of the investigation, the interrogating party and all persons 17 present during the interrogation. All questions directed at the bargaining unit 18 member shall be asked by and through one interrogator at any one time. 19 D. The bargaining unit member who is the subject of the complaint shall be informed 20 of the nature of the investigation prior to any interrogation,. and given the names 21 of all known complainants. The bargaining unit member shall have the 22 opportunity to review the complaint and any and all written or taped statements 23 from the complainant and witnesses immediately prior to the taking of the 24 bargaining unit member's formal statement when it is determined that the Agreed City ^�-� FOP �"' Date $ �L`3 4 4 02- 0 City of Miami Proposal 03/18/02 1 investigation is strictly for administrative purposes. All sworn statements of 2 substantive witnesses shall be documented with the exception of those of a 3 confidential nature. 4 E. Interrogations shall be for reasonable periods and shall be timed to allow for such 5 personal necessities and rest periods as are reasonably necessary. 6 F. The bargaining unit member shall not be subjected to abusive or offensive 7 language or threatened with transfer, dismissal or other disciplinary actions. No 8 promise, reward or threat of action shall be made as an inducement to answering 9 any question. 10 G. The complete interrogation including when recesses are taken shall be recorded, 1 I and there shall be no unrecorded questions or statements. Upon the request of the 12 bargaining unit member a copy of the recording of the interrogation session will 13 be made available to the interrogated officer no later thant 72 hours, excluding 14 holidays and weekends following said interrogation. The bargaining unit member 15 must provide a blank tape for copying. Once the transcript of the interrogation 16 session is transcribed, the interrogated officer may request a written transcript of 17 his interrogation upon providing payment for same. 18 H. The bargaining unit member shall not be obligated to give a second statement 19 concerning the same facts elicited in an original interrogation. This will not 20 preclude an investigator from asking questions at a later time that were not 21 covered by the fist statement. The bargaining unit member's interrogation will 22 23 Agreed ... . . take place after all other witness statements ha._vAbeen taken, unless a situations occurs such as; CityFOP L Date 3 I 02- 344 City of Miami Proposal 03/18102 1 1) After documented and concerted efforts to locate said witness a witness is 2 thought to be permanently unavailable, demeas#a}, 3 2) tThe necessity for taking other witness statements becomes apparent after 4 the interrogation of the bargaining unit member who is the subject of the 2 investigation, or 6 3) aA supervisor in the normal course of case review makes a determination 7 that the case must be returned to the investigator for additional witness 8 interviews. 9 Should this occur, the bargaining unit member who is the subject of the 10 interrogation shall have the opportunity to present rebuttal evidence. 11 I. No mechanical device, including, but not limited to, polygraph, or psychological 12 stress evaluator, etal, shall be forced onto a bargaining unit member nor shall 13 disciplinary action be taken against a bargaining unit member who refuses to 14 submit to such testing. However, a bargaining unit member may request such a 15 test. 16 J. If the bargaining unit member is under arrest, or is likely to be arrested as a result 17 of the interrogation, -he shall be fully informed of his or her legal rights prior to 18 any interrogation. 19 K. At the request of the bargaining unit member, he or she shall have the right to be 20 represented by eeunsel er- any-eth one representative of his or her choice during 21 the entire interrogation. 22 L. Where an attorney or bargaining unit member representative is requested but 23 cannot be present within one (1) hour of notification, the bargaining unit member 24 shall be required to obtain another bargaining unit member representative or Agreed City FOP G' Date / 7 34 *City of Miami Proposal 03/18/42 1 counsel. When a bargaining unit member representative or counsel is present, he 2 or she may advise the bargaining unit member as to the bargaining unit member's 3 rights under applicable rules, regulations and the current Labor Agreement. 4 M. When a bargaining unit member is giving a statement as a witness, and if the 5 investigator becomes aware during that statement that said witness has become a 6 principal of that investigation, the statement will be discontinued and the 7 bargaining unit member will be advised he may. be a principal in said 8 investigation. The bargaining unit member will then be given the opportunity to 9 suspend the statement to seek F.Q.P. or other legal representation. 10 8.2 11 Records retained by Internal 12 Affairs shall be destroyed after a period of five (5) years beyond either the bargaining unit 13 member's termination date, of retirement date or unless otherwise directed by state law. Agreed City FOP &'X C.. pate �ck 02— 344 • 1 Article 9 2 LINE OF DUTY INJURIES • City of Miami Proposal 03/18/02 3 9.1 The City agrees to pay all medical and hospitalization expenses incurred by a bargaining 4 unit member covered by this Agreement who is found to have sustained a compensable line -of - 5 duty injury provided the bargaining unit member and/or supervisor gives notice to Risk 6 Management, or designated managed care provider as provided for by the Workers' 7 Compensation Laws of the State of Florida, however, the parties agree to establish a Police/Fire 8 Labor/Management Committee to establish policies and to determine how-to provide medical 9 treatment and a ui ment etc. me ically a uivalent to that prescribed.. by the most efficient and 10 cost effective means to curtail excessive medical c sts for accepted claims in the following areas: 11 Health Club and Country- Club membershi s 12 Capital improvements on the home 13 Trans ortation 14 Medical equipment for home use 15 The PoIice/Fire Labor/Management Committee shall consist of one member appointed by both 16 the IAFF and FOP Presidents one member appointed by both the Fire Chief and Chief of Police- 17 olice17 and one member selected by these four individuals. An individual a inted by the Director of 18 Risk Management will serve as a technical advisor and liaison with the medical community. 19 9.2 Effective as soon as administratively feasible after ratification, the parties agree the Citly 20 will nay the state mandated workers' compensation indemnity payments to eligible bargainsnn� 21 unit members as a check separate from an other salga to which a bar dining unit member may 22 be entitled. The bargaining unit member ag ees to sign this workers' compensation check back to 23 the City. The City will also issue a second check to the employee which will consist of an 24 amount equal to the workers' compensation payment and the supplementary salary as set out, Agreed City Ara� FOP Date �Z 344 • `City of Miami Proposal 03/18/02 1 and subject to the limitations below. Amer those deductions with mandated reference under 2 federal law the City agrees to take deductions and/or credits from this second paycheck in the 3 followin order: work rs' compensation1will be i,d&caftd on the ch 1112ninable-I 4 pension. health insumce, And--a-ny other deductions. The ogies a ee that tis process is 5 intended to provide the employee with these paychecks without interruptions. 6 Should the bargdWgg unit member refuse to return the workers' compensation check to 7 the City, the CLty shall cease making any deductions for the em to eefrom the second check for 8 pension, health insurance etc. and the barggiWng unit member shall then be completely 9 responsible _formaking those payments on his/her own until the employee elects to participate in 10 the RUchecks stem described above in 9.1. 11 9.3 The City agrees that any bargaining unit member covered under this contract who is 12 • disabled as a result of an accident, injury or illness incurred in the line of duty shall be granted 13 supplementary salary, subiect to the following conditions: Supplementary Salamwill be 14 paid in the form of a continuation of the employee's re lar Raycheek, of which a part 15 thereof is Workers' Compensation pay, as provided by Resolution No. 39802. Pursuant to the 16 above manner of RMment the City will meet its obligations to the state and to the em Io ee and 17 the a to ee will avoid creating a debt to the Ci1y for Rension health inMMce or other 18 deductions. -If the Cily is unable to iMplement this JRLogmm as set out above the parties agree to 19 meet to devise another system that 35dil accom lish the same goals. Supplementary salary shall 20 only be granted for a period of one hundred and twenty (120) days. Said supplementary salary 21 may be extended up to an additional sixty (60) days for serious injuries upon approval of the City 22 Manager or his/her designee. 23 Effective upon ratification of the labor contract bargaining unit members who receive 24 supplementaryl and worker's compensation pay, shall have a weekly amount of eighty eit gh Agreed . City FOP �'�`�^ Date 3 /-OOZ 02- 344 . . City of Miami Proposal 03/15/02 1 dollars and nine fivecents ($88.950:00) (one hundred and seveM seven 4x1y dollars and 2 ninety cents ($177,9064) biweekly) deducted from supplementaz„_yl salary while on worker's 3 compensation. Should the bargaining unit member receive supplementaryl and worker's 4 compensation pay for less than a week, the eighty eight dollars and ninety five cents 5 ($88.9500) weekly deduction shall be prorated as appropriate for the days the bargaining unit 6 member was on worker's compensation. 7 No supplementary salary will be Raid to anyone injured while performing. an act intended 8 to inure or hurt one's self or another. S=Iemg= salga shall only be Uwted fora period of 9 one hundred and fifty 150 consecutive days from date of injMM. Said s=leme= salary 10 may be extended up to an additional sixty (60) consecutive days for serious injuries_Won 11 approval of the City Manager and the Fire Chief. The one hundred fifty Ll 50) days beift begin 12 when the emWovee is actually placed on "D". While the employee is on "D", such time will be 13 calculated consecutively including days off, "R" days, etc. If the employee is removed from 14 'T", the non -"D" time will not apply to the one hundred fifty (150) day period. 15 It is agreed by the parties that the r-eeeippt combination of supplementaral and worker's 16 compensation pay shall not exceed nor be less than one hundred percent (100%) of the 17 bargaining unit member's weekly net base pay (excluding overtime and any pay supplements not 18 included in the bargaining unit member's base salary) prior to the line of duty injury, accident, or 19 occupational disease. The eig* dollars ($80.00) weeldy dedwfien m411 be dedueted an 20 , e6HA 21 ' 23 24 . Agreed City FOPS Dated/ df` 02- 344 • *CitY of Miami Proposal 03118/©2 1 9.4 If an em to ee remains tem Odly disabled beyond the nexiod of time in which he is 2 entitled to collect the 100% Mplementary paybenefits he shall be entitled to supplemptau 3 pay equal to the 2/3 "D" payments pursuant to current practice. 4 9.5 If an em la ee becomes —perinanently and totally incapacitated from the further 5 performance of the duties of his classified position he shall petition the retirement board for 6 retirement. The s=lemea= salga of the difference of 213 "D" as described above shall 7 continue until the retirement is finally granted or denied. The section shah not be construed to modify the employee's rights under the current pension ordinance. 9.6 At any time during his absence from duty claimed to be the result of a line of duty injury 10 while an emuloyee is collecting City supplementaa. pays the employee shall be required, upon 11 the request of the City Manager, or his designee, to submit to a physical examination by a 12 physician designated by the Cily Manager within fifteen days of the request. If such employee, 13 without cause, as determined by the City Manager, shall fail to submit to the examination at the 14 time specified, aII City supplementary salary_ benefits will be terminated. 15 9.3 if ea aeoident has been deelar-ed eempemable by the City and the bar-gak"g tmit memb 16 17 , 18 , as preAded by Rose! 19 Ne. 39802, shall sease. 20 21 22 of Miemi, 23 24member-'a ement salary by way of pay%!! deduaieiw; the emIeW of Agreed City _ FOP AnA e" Date "CUA 02- 344 i. City of Miami Proposal 03/18/02 1 sebseque 2 3 4 supplementar-y salary Ne. 39902 shall Ret be jeepffdized if lifigatieft 6 a g hem, 10 VLA 9,^7 The parties agree that where a bargaining unit member has been npprre*e by 11 resides outside the jurisdictional limits of the City of Miami and the said 12 bargaining unit member is injured going to or coming from work within a reasonable period of 13 time from the commencement or termination of his/her tour of duty on a reasonably direct route 14 of travel, said accident may be considered as occurring in the line of duty. per- ReseWfien Ne. 15 39902. This provision is not applicable if the bargaining unit member is charged with reckless 16 driving and/or driving under the influence in violation of the provisions of Chapter 316 of the 17 Florida Statutes entitled "State Uniform Traffic Control." Agreed City , FOP C-' Date 02- 344 City o€Miam0aposal 06/06/01 Agreed City of Miami Proposal 03/18/02 -Revised 1 Article 10 2 LOTY_,CES 3 10.1 The City agrees to provide in a timely fashion to the F.O.P. President or designee the 4 following notices or bulletins; City Commission Agenda, Civil Service Board Agenda, 5 Supervisors retort of injury within ane week of the incident being reported 6 Agmda; , or any other material which 7 the City Manager or the Labor Relations Officer determines would affect the terms and 8 conditions of employment of the bargaining unit members of the F.O.P. The F.O.P. President 9 may, within reason, request other materials, which would affect the terms and conditions of 10 employment of the bargaining unit members of the F.O.P., excluding exempt materials under the 11 Public Records Act. 12 10.2 Such notices and bulletins will be delivered to the F.O.P., or may be picked up at the 13 Labor Relations Office during normal working hours. IM -We R-elatiew Offieer 'AQ use the 14 . Agreed City -� FOP Date 02- 344 • . City of Miami Proposal 06/06101 Article 11 2 BULLETIN BOARDS 3 11.1 The City will provide for the sole use of the F.O.P. bulletin boards at the 4 Central Headquarters, 400 NW 2 Ave.; North District Substation, 1000 MW 62 St.; 5 South District Substation, 2200 W Flagler St., and any other mutually agreed upon 6 location. Any notice or item placed on bulletin boards shall bear on itsface the 7 legible designation of the person responsible for placing such notice or item on 8 bulletin boards. Notices placed on bulletin boards shall be limited to 9 announcements of F.O.P. meetings, elections, fLmw; 10 and social or recreational events. 11 ------------ 020 �Rffiilv-a— jTij�7 L whicl�-`� 6lat-eg.- 12 13 tbijjjcEk sh 0i�bed os ed. ), -'Z-- Agreed City r—it� FOP Date35 4�0 2 • City of Miami Proposal 03/18/02 1 Article 12 2 DEPARTMENT DISCIPLINARY REVIEW BOARD 3 12.1 It is the purpose of the Departmental Disciplinary Review Board to provide a method of 4 ascertaining the fairness and consistency of punitive action for infractions of the Departmental 5 Rules and Regulations, Departmental Orders and other Departmental Directives. A part of this 6 review process is the Departmental Disciplinary Review Board, which makes advisory 7 determinations and non-binding recommendations to the Chief of Police on matters of discipline. 8 Departmental actions against a bargaining unit member arising from a claim of fitness for duty or 9 workers' compensation shall not be reviewed by the Departmental Disciplinary Review Board or 10 the Departmental Disciplinary Review Board Chairperson. Any decisions by the Departmental 11 Disciplinary Review Board or any policies established by the Departmental Disciplinary Review 12 Board are not arbitrable under this Collective Bargaining Agreement. The Departmental 13 Disciplinary Review Board does not possess adjudicators or quasi-judicial powers. As such, its 14 hearings are non -adversary in nature; the bargaining unit member appears before the Board 15 voluntarily at his/her request, the bargaining unit member shall be entitled to representation by a 16 bargaining unit member of his/her choice and shall be permitted to examine witnesses, to 17 evidence and testimony, to cross-examine, and to put on a defense. All sworn bargaining unit 18 members, prior to the final determination of a monetary fine, forfeiture of time and/or suspension 19 in excess of two (2) tours of duty, demotion or dismissal shall, upon written request of the 20 accused, if submitted within ten (10) calendar days, be afforded a review of the recommended 21 action by a board composed of five (5) members of the Department, two (2) members selected 22 by the Department Head and three (3) members selected by the bargaining unit member from a 23 standing list. Agreed City aC_eji FOP OW C Date "/S6 -2- o2- 344 • City of Miami Proposal 03/18/02 1 12.2 Written disciplinary actions that result in loss of time not in excess of two (2) tours of 2 duty may be reviewed by the Chairperson of the Departmental Disciplinary Review Board if the 3 disciplined bargaining unit member requests a review within ten (10) calendar days of the 4 incident that gave rise to the disciplinary action. Upon receipt of the Chairperson's decision, the 5 disciplined bargaining unit member upon appeal within ten (10) calendar days shall be afforded a 6 Departmental Disciplinary Review Board Hearing. 7 if the bggainina unit member is charged with a forfeiture of time such forfeiture shall 8 first be deducted from Compensatory leave foligyLed be Vacation leave. 9 12.3 Since the Departmental Disciplinary Review is at the request of, and for the benefit of, 10 the bargaining unit member, no paid overtime or compensatory time will be given for attendance 11 before the Board; however, a change of work hours shall be scheduled, if possible, so that the 12 bargaining unit member will be working during the hours that the Board is convened. 13 12.4 It is agreed that the convening of the Departmental Disciplinary Review Board shall be 14 effectuated as expeditiously as possible following the written request of the accused bargaining 15 unit member. Should an accused bargaining unit member facing termination request to continue 16 a hearing or delay its convening, then it is agreed that the bargaining unit member shall waive his 17 emoluments in exchange for the continuance of the hearing. Continuance or delay of the 18 Departmental Disciplinary Review Board upon the bargaining unit member's request shall not 19 exceed 150 calendar days, unless in the sole discretion of management a fiuther continuance of 20 the Department Disciplinary Review Board would be approved. 21 12.5 Administrative actions taken that result in the bargaining unit member being carried "W" 22 or "WW" shall not be subject to the review of the Department Disciplinary Review Board. Agreed City 1 .L FOP "C., Date �'`- 7f 17- 02- 344 City of Miami Proposal No Change 1 Article 13 03/18/02 2 RECALL AND COURT TIME 3 13.1 If a bargaining unit member is recalled to work or required to attend court or other 4 proceeding arising out of the course of his/her official duties at a time other than his scheduled 5 work shift, he shall be paid a minimum of three (3) hours at one and one-half tunes his/her 6 straight time hourly rate or an equivalent amount of scheduled compensatory time off. 7 13.2 A bargaining unit member performing work or required to attend court or any other 8 proceeding arising out of the course of his/her official duties at a time which is continuous with 9 his scheduled work shift shall be paid at his/her overtime rate consistent with Article 15, 10 Overtime/Compensatory Time, and the minimum three (3) hours Recall shall not apply. 11 13.3 A bargaining unit member eligible for overtime attending court or other proceedings 12 arising out of the course of their official duties one (1) hour or less before the start of their 13 scheduled tour of duty shall receive one (1) hour of overtime. 14 13.4 A bargaining unit member eligible for overtime for attending court or other proceedings 15 arising out of the course of their official duties one (1) hour or less after the end of their 16 scheduled tour of -duty shall be paid at their overtime rate, consistent with Article 15 - 17 Overtime/Compensatory Time for the time period starting from the end of the bargaining unit 18 member's work shift to the end of court or any other proceeding arising out of the course of 19 his/her official duties proceeding or for one (1) hour, whichever is greater. 20 13.5 A bargaining unit member who is required to attend court or any other official proceeding 21 arising out of the course of his/her official duties for a period which is greater than one (1) hour 22 and less than or equal to three (3) hours and one minute after the scheduled end of his/her tour of 23' duty, shall be paid at his overtime rate pursuant to Article 15, Overtime/Compensatory Time, for Agreed City FOP 07V_ Date 02- 344 1 .. City of Miami Proposal No Change 03/18/02 1 either the three (3) hour minimum or for the number of hours elapsed from the scheduled end of 2 his/her tour of duty to the end of the court proceedings, whichever is greater. 3 13.6 Bargaining unit members who are on authorized disability or sick leave, and are obligated 4 to have a physical prior to reporting for work, shall not receive call-in or overtime pay. Agreed City / FOP ire �+ Date 3 I (T 02- 344 • City of Miami Proposal 03118/02 1 Article 14 2 TRANSFERS 3 14.1 It shall be the sole right of the Chief of Police to transfer bargaining unit members 4 between any subsection of the organization as the exigency of the situation dictates provided, 5 however, transfers cannot be made for punitive reasons. Bargaining unit members shall be 6 notified six (6) calendar days prior to the transfer, except where the nature of a particular 7 situation requires an immediate but temporary reassignment or when returning to work on a 8 limited/light duty status and the bargaining unit member's physical limitations preclude the 9 bargaining unit member from being assigned to their previous assignment. 10 14.2 For the purposes of this Agreement, a transfer means a change for more than five (5) 11 consecutive working days of a work assignment, a change in hours, or a change in days off. 12 Specifically excluded from the six' (6) day notification period are temporary changes of hours or 13 days off necessitated by special events (except for the special events of Calle Ocho, Three King's 14 Parade, Martin Luther King's Parade or any draft event held on New Year's Eve). civil 15 disturbances, acts of God, and other emergency situations. The six (6) days' notice shall be 16 waived upon consent of the bargaining unit member. Agreed City _ FOP�Date 02- 344 City of Miami Proposal 03/18/02 1 Article 15 2 OVERTIME/COMPENSATORY TIME 3 15.1 Bargaining unit members shall be paid one and one half (1 %2) times their regular rate of 4 pay for all work performed in excess of a bargaining unit member's normal work day or in 5 excess of a bargaining unit member's normal work week, and shall be considered overtime work. 6 15.2 Bargaining unit members performing compensable overtime work shall, at their 7 discretion, be paid time and one-half (1 %2) at their straight time hourly rate of pay or shalt be 8 given compensatory time at the rate of time and one-half Li'/21 for such work. This overtime rate 9 shall be all-inclusive and no additional compensation in the form of additional holiday pay, etc., 10 shall be paid. 11 15.3 The parties agree that the daily overtime requirements as set forth in this contract shall 12 not apply in any future FLSA litigation concerning a matter for which daily overtime is not 13 currently paid or for off-duty maintenance of any take home equipment used in the scope of 14 employment. Practices instituted by management are not subject to the foregoing sentence. 15 15.4 The maximum accumulation of compensatory time hours is two hundred (200). Any 16 hours in excess of two hundred (200) will be paid out at current hourly rate. Bargaining unit 17 members are encoura ed to re nest compensaW leave far in advance as ossible. Re nest for 18 compensatory leave submitted ten (10) days or longer. in advance of the requested day_(s . shall 19 be granted and approved Management retains the right to deny pLand all requests necessitated 20 by civil disturbance, acts of God other emer enc'es and durLng the last week of D ce ber and 21 the first week inL40u= Requests submitted within ten (IQ) days prior to the reauesled -yds , 22 ma be granted at the sole discretion of mWMement RuMLant to ' ' um When a 23 bargaining unit member takes compensatory time off, the hours in his bank shall be appropriately 24 reduced by such time off. if a bargaining unit member leaves the service of the City and cashes Agreed city FOP OP C— Date �Z 02~ 344 • •City of Miami Proposal 03/18/02 1 in his bank, the hours therein shall be valuated on the basis of the rate of pay earned by the 2 employee during the last pay period. 3 15.5 In the event, a state of emergency is declared due to an act of God, and the City Manager 4 grants emergency leave, such leave shall not be included in determining eligibility for overtime. 5 The bargaining unit member utilizing such leave shall be paid straight time for those hours 6 worked in excess of their normal work day or in excess of their normal work week equal to the 7 number of hours taken as emergency leave, before overtime shall apply. S 15.6 The parties agree that overtime hours shall not be used in the computation of arriving at 9 average earnings for purposes of establishing pension benefits. 10 15.7 The parties agree that assignments of overtime work shall rest solely with the Chief of 11 Police. 12 • 15.8 The parties agree that the assignment of overtime work is on an involuntary basis and any 13 bargaining unit member refusing assignment of such work is subject to disciplinary action as 14 deemed appropriate by the Chief of Police. Agreed City �Ce, FQP O Date;Zwzp� 0 2 344 • City of Miami Proposal No Change 03/18/02 1 Article 16 2 4-10 WORK SCHEDULE 3 16.1 Those operations currently working a four (4) day, ten (10) hour work schedule will 4 continue through the life of this Agreement. Bargaining unit members working in the following 5 units will, effective upon ratification of this agreement, be placed on a 4-10 Work Schedule: A. Court Liaison E. Planning and Research I. CATE Officers B. Training F. Community Affairs J. Inspections C. Property G. Special Events K. VIP/Forfeiture D. Alarms H. NRO's 6 Bargaining unit members at the rank of Captain will not be entitled to work a 4-10 Work 7 Schedule. 8 16.2 Should the Chief of Police determine the 4-10 Work Schedule in its entirety or in part is 9 detrimental to the efficient operation of the Department, he may discontinue all or that portion of 10 the 4-10 Work Schedule deemed to be inefficient after reviewing his reasons with the President 11 of the Fraternal Order of Police, Lodge No. 20. Should there be a disagreement as to the 12 discontinuance of the 4-10 Work Schedule, the F.O.P. may grieve according to the provisions of 13 Article 6, Grievance Procedure. Discontinuance of the 4-10 Work Schedule may not occur 14 unless the parties agree or an Arbitrator so rules. Nothing shall preclude Management from 15 implementing a 4-10 Work Schedule in those divisions deemed necessary by the chief on a 16 temporary or emergency basis not to exceed thirty (30) working days. Such temporary or 17 emergency 4-10 Work Schedule shall not preclude Management ending such assignments when 18 Management determines the 4-10 Work Schedule is no longer necessary. Agreed City._ FOP "C— Date �� }. i 4 4 f L➢ � c City of Miami Proposal No Change 1 Article 17 0311$102 2 ST_ ANDBY 3 17.1 Standby assignments issued by the City of Miami Police Department for reasons other 4 than assignments connected with a court appearance shall be compensated at the rate of time and 5 one-half of the bargaining unit member's normal rate of pay with a minimum of three (3) hours. 6 17.2 Standby is defined as receiving instructions from authorized personnel to remain at a 7 specific location for a stated period of time. Agreed City_ FOP G Date 4*Z- 02- 344 • 1 Article 18 2 W'E'E 3 18.1 4 __SiTSiS ' City of Miami Proposal 03/18/02 6 Effective the first full pawperiod following the dates indicated below, _ bargaining unit 7 employees will receive an across-the-board wage increase which has been based_ on increases in 8 the U.S. Consumer Price Index for All Wages Earners CFI- from the third guarter of 1999 to 9 the third quarter of 2000 for the ALI 2002 wage increase (from the third quarter of 2000 to the 10 third quarter of 2001 for the October 2002 wage increase) plus one percentage. point more for 11 each wage increase as a means of recapturing vast wage increases which have been below the 12 CPI -W. Based on this formula the wage increases have been calculated as follows: 13 CPI -W Catch -Up Total 14 15 April 1, 2002 3.5% plus 1% = 4.5% 16 17 October 1 2002 2.6% plus 1% = 3.6% 18 - 19 Effective the first full pay period following the dates indicated below, bargaining 20 unit em to ees will receive an across-the-board wage increase as follows: 21 October 1, 2003 2% 22 Aril 1 2004 2% 23 24 25 26 sepwfflber- 2-00 i 29A 27 18.2 All new hires in the classification of Police Officer will be paid twelve and one half 28 percent (12%2%) per month less than Step 1 of the salary range of the classification of Police Agreed City FOP 47)t G Date r3 02_. 344 s WitY of Miami Proposal 03/18/02 1 Officer until they have satisfactorily completed six (6) months of the p9lice academy and passed 2 the state certification exam. premed. Thereafter, bargaining unit members in the 3 classification of Police Officer shall be eligible for step increases after c m ietin six 6 months 4 of satisfacto Derfoonance in theF.T.O. pro which incl des four 4 months riding with a 5 field training officer and two 2 months riding solo and com letin six 5 months in full du 6 status with satisfactoa performance. Tlie.period of probationary service shall not be less than 7 eighteen (18) months„ nor more .,,,thantwenty-four(24) months; unless extended bathe 8 department. 9 elassifieW . Bargaining unit members hired directly as certified Police Officers without prior 10 law enforcement experience or sworn employee's hired from other police agencies as sworn City 11 of Miami Police Officers and without being required to attend the acader_ y shall be placed at 12 Step 1 of the salary range of the classification of Police Officer. Such -bargaining unit member's 13 shall corniplete six 6 months of satisfactory erform ce in the F.T.O. progM, which includes 14 four 4 months riding in full -duty status with satisfacto rformance. The period of 15 probatiogM service shall not be less than eighteen 18 months nor more than twen -four 24 16 months unless extended by the de artment. 17 peried. 18 18.3 In lieu of an across-the-board pay raise for fiscal year 1993-94 and continuing thereafter, 19 bargaining unit members shall upon retirement (all kinds, including vesting), receive a 20 retroactive salary increase of five percent (S%) for the bargaining unit member's last or highest 21 one (1) year's salary. 22 The five percent (S%) salary increase shall be reflected in'the hourly pay rate for the 23 purpose of calculating leave balance payoffs. The five percent (S%) salary increase shall not be 24 applicable to overtime. Agreed city FOP 4M C, Date 4W(5 Z 02- 344 iCity of Miami Proposal 03/18/02 1 18.4 Any City of Miami employee, unless a former police bargaining unit member as specified 2 in 15.6, that transfers or is hired as a police officer into the Police Department as a uniformed 3 bargaining unit member shall be placed at the police recruit wage rate as specified above in 4 Section 18.2 and shall serve a A94 --probationary period as specified in section 18.2 above_ of 6 18.5 Former police bargaining unit members who left the employment of the Police 7 Department under honorable conditions and who have been approved by the Police Chief shall 8 be placed on a reemployment list provided the former police officer is a State certified police 9 officer. The reemployment list shall be considered separate from the eligibility list for new hires. 10 Those on the rehire list may be hired by the Police Chief at his/her sole discretion as 11 openings occur without regard to the eligibility list for new hires. In addition the following shall 12 apply: 13 A. Eligibility shall be limited to three (3) years following the effective date of 14 resignation. 15 B. Under conditions set forth above, any former permanent police bargaining unit 16 members having one (1) to four (4) years, and eleven (11) months of previous 17 continuous service as a police bargaining unit member will be placed at Step 1 of 18 Salary Range 24 of the police officer classification. Former permanent police 19 bargaining unit members having five (5) or more years of previous continuous 20 service may be placed at Step 3 of Salary Range 24 of the police officer 21 classification. 22 C. Complete six 6 months of 23 satisfactory performance in the F.T.O. prouram. which includes _four _[4 months Agreed City FOP �'"�"' Date �7 Z— �- 344 City of Miami Proposal 03/18/02 1 ridin 'th a field trainin officer and two 2 months ridin solo and com letin 2 six 6 months ' full -du status with satisLac#o erfarm ce The riod of 3 robation service shall not be less than ei hteen 18 months nor more than 4 twen -four 24 man unless extended by the de artment 5 18.6. Bargaining unit members in the below listed assignments shall receive a five percent 6 (5%) pay supplement on their base rate of pay: 7 A. Neighborhood Resource Officer 8 D. Bomb Squad 9 C. Complaint Sergeant 10 D. S.W.A.T. 11 E. Field Training Officers 12 F. NET T . to ff .._a- 13 G. "Senior Uniform Patrol 14 Officers" and the f rst full pay period following October 1 2002 "Senior „Uniform 15 Patrol Sergeants" will receive a five percent 50/6i pay supplement on their base 16 rate of _Ray.. The Senior Uniform Patrol„ _Officer and the Senior Uniform Patrol 17 Sergeant will receive the pav supplement as defined herein. The five percent 18 fS%)- pay su lement will only be vaid to bar ahiing unit mgMbm assigned to 19 non -administrative Rositions. 20 1. Qualifications 21 a) Senior _U_Wform Patrol OLTLcer 22 (a) Not less than fifteen (15) consecutive years of service as a 23 sworn police officer in the department. Agreed City _ FOP &W Date f 41— Z 02-- 344 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 Agreed City of Miami Proposal 03/18/02 (b) Currently and no less than previous four (4) consecutive years assigned to uniform NET. (c) No evaluations below satisfactory. (d) No sustained IA investigations with a reprimand as discipline within the past two (2) years. b) Senior Uniform Patrol Sergeant (a) Not less than fifteen (15) consecutive years of service in the department. (b) Currently and no less than four (4) years as a sergeant. (c) Currently and no less than previous four (M consecutive years assigned to uniform NET as a Sergeant. (d) No evaluations below satisfactory. (e) No sustained IA investigations with a reprimand as discipline within the past two (2) years. 2. Under the below listed circumstances, bargaining unit members receiving "Senior Uniform Patrol Officers" or "Senior Uniform Patrol Sernant„ pay shall forfeit such pay. a) Transfer out of uniform NET. b) Promoted. c) Relieved of duty or administratively reassigned (temporary loss during period) 3. Application for "Senior Uniform Patrol Officer" or "Senior Uniform Patrol Sergeant" pay shall be the responsibility of the bargaining unit member and shall be made via red line memorandum submitted through city �— FOP ^C"' Date 3 02-a. 344 City of Miami Proposal 03/18/02 1 channels to the chairperson of the "Senior Uniform Patrol Officer" 2 committee. 3 4. "Senior Uniform Patrol Officer" and "Senior Uniform Patrol Sergeant" 4 pay committee. 5 a) Effective upon ratification of the labor agreement a "Senior 6 Uniform Patrol Officer" and "Senior Uniform Patrol Sergeant" pay 7 committee shall be established. Said committee shall be comprised 8 of one F.O.P. representative, one Department representative, and 9 one representative chosen by the first two (2) members. The 10 committee's function will be to review applications for 11 recommendations of approval or denial to the Chief of Police for 12 fmal approval. The committee shall also review appeals and 13 disputes arising out of the granting or forfeiting "Senior Uniform 14 Patrol Officer" or "Senior Uniform Patrol Sergeant" pays. The 15 committee shall establish its own rules and procedures. 16 18.7 Effective upon the first full pay neriod following ratification of the labor agreemeot 17 bar gaining unit members in the below listed assignments shall receive a„ Ray gunnlement as 18 indicated: 19 A. Certified Instructors (QIS) a Biped to MPD Tmining_Ulgt �------two_percent 200/—OL 21 B. Crisis Intervention Teams (limited to 70 nggLihons)----two and one half percept 22 2.5% Agreed City FOP e. Date • City of Miami Proposal 03/18/02 1 18.7 Effective the first full 2ay 2eriod followingtification of the labor a Bement bar ainin 2 unit members assi ed to motorc cle ositions shall have their sal ran a rates ad'usted such 3 that the salga range rate is fifty 50 dollars more per month than the base salga rate of their 4 like classifications of Police Officer, Sergeant Lieutenant and Captain. 5 18.8 140 All active sworn bargaining unit members shall receive Crime Prevention pay in 6 the amount of seventy six dollars and eig* ninety-two cents {$76.50 biweekly. Crime 7 Prevention pay shall be subject to pension deductions and applicable federal taxes and shall be 8 included in calculating a bargaining unit member's average earnings for pension purposes. 9 All hours of leave of absence without pay shall be deducted from the Crime Prevention 10 payment on the basis of.ninety six cents ($.96) per hour. 11 18.9 4". Any bargaining unit member, upon normal retirement from City service, or 12 separating under honorable conditions, who has served for a period of twenty-five (25) years or 13 more, shall be granted, at the time of his/her normal retirement or honorable separation one 14 hundred seventy-three and three tenths (173.3) hours of pay. 15 18.10 4&.# Any pay supplements received shall be calculated on the bargaining unit 16 member's base rate of pay. Pay supplements shall not be included in bargaining unit member's 17 base rate of pay for purposes of pay off of Sick Leave or Vacation upon separation or retirement 18 from the City, but shall be included in calculating a bargaining unit member's average earnings 19 for pension purposes. Should a bargaining unit member cease to be eligible for a pay 20 supplement yet the bargaining unit member continues to receive the pay supplement, said pay 21 supplement shall be recovered by the City through biweekly pay deductions from the bargaining 22 unit member's paycheck. Such biweekly deductions will be deducted at the same rate or amount 23 as the bargaining unit member was overpaid. If the bargaining unit member ceases to be an Agreed city FOP 0"44-11 Date3 %S O'Z. 02- 3'44 City of Miami Proposal 03/18/02 1 employee of the City, any balance due will be deducted from any monies due the bargaining unit 2 member, including retirement benefits. 3 18.11 4&9 Shift differential shall be paid for assigned work between the hours of 6:00 p.m. 4 and 7:00 a.m. according to the following schedule: 5 a) Police Officer - $.40 per hour 6 b) Sergeant - $.50 per hour 7 e) Lieutenant - $.60 per hour 8 d) Captain - $.60 per hour 9 A bargaining unit member that works less than four (4) hours during the established shift 10 differential time period (6:00 p.m. to 7:00 d.m.) will not be entitled to shift differential pay. 11 It is expressly understood by the parties that shift differential shall not apply to pay for 12 time not worked. 13 It is agreed that night shift differential shall not be used in calculating a bargaining unit 14 member's average eamings for pension purposes. 15 18.12 18-11 Bargaining unit members shall become eligible for a ten (10) year longevity 16 increase based on their most recent date of hire as Police Officers. Leaves of absence without 17 pay or suspensions of any duration shall cause the effective date of the longevity increase to be 18 deferred by the same number of calendar days embraced by said leave. 19 18.13 19.12 Effective the first full nay period following ratification of the labor agreement 20 %bargaining unit members shall become eligible for a five percent (5%) one step longevity 21 increase for fifteen (15), and twenty (20) and twee ne 21 years . and a two and one half 22 percent (2.5%) half step longevity increase at sixteen (16), and twenty em two (22+) years of 23 service based on their most recent date of hire as a classified City of Miami employee; provided, 24 however, employees shall not receive a longevity increase within twelve (12) months of receipt 25 of a previous longevity increase Lthis_urovision will not apply during the first year of„this Agreed City — FOP 0`” <-- pale 3� 02-- 344 City of Miami Proposal 03/18/02 1 contract or while in probationary status. City service time as a part-time or temporary 2 employee,. including Public Service Aide or like classification employment shall not be included 3 for purposes of determining eligibility for fifteen (15), sixteen (16), twenty (20), and twenty one 4 (2 1) and twenty two (22) year longevity increases. 5 18.14 48.13 All changes in salary for reasons of promotion, demotion, merit increase, 6 longevity increase or anniversary increase, shall be effective the first full pay period following 7 the effective date of change. 8 18.15 3 R 14 Leaves of absence without pay, or suspensions of any duration, shall cause the 9 effective date of the longevity or anniversar increase to be deferred by the same number of 10 ea4effdaf work days embraced by said leave. 11 18.16 18.15 As part and in consideration of benefits provided in this Agreement to the F.O.P. 12 and the F.O.P.'s good faith effort to cooperate with the City to increase the efficiency of the City, 13 the City hereby makes a good faith representation to the F.O.P. that it will be able to fund this 14 Agreement. 15 The City hereby knowingly, intelligently and unequivocally waives its right not to fund 16 any year of this Agreement. The only exception to this waiver is in the case of a "true fiscal 17 emergency," which is unanticipated at this time. 18 In order for the City to establish a "true fiscal emergency" so as to lawfully not fund any 19 year or years of this Agreement, the City must demonstrate that there is no other reasonable 20 alternative means of appropriating monies to fund the Agreement for that year or years. 21 Notwithstanding any other article of this Collective Bargaining Agreement, the City 22 hereby specifically agrees that any disputes concerning the application or interpretation of the 23 funding of the contract will be resolved through the grievance arbitration procedure of this 24 Agreement. Agreed City FOP (� Date WOL- 02-- 344 i City of Miami Proposal 03/18/02 1 If an arbitrator determines that the City has breached its funding requirements under this 2 Agreement, the parties jointly confer upon the arbitrator jurisdiction to order the City to 3 appropriate the necessary monies to fund the Agreement. This also applies to any enforcement 4 proceeding under Chapter 682, Florida Statutes. 5 This article applies to any status quo period following the expiration of this contract. R Agreed City FOP 6-"'t C' Date 02-- 344 . City of Miami Proposal No Change 03/18/02 1 Article 19 2 TOTAL AGREEMENT 3 19.1 The parties agree that this Collective Bargaining Agreement represents the total 4 agreement for terms and conditions of employment during the life of this contract and no request 5 shall be made to increase other bargaining unit member benefits through the Civil Service Board, fi the Mayor, or the City Commission during the life of this Collective Bargaining Contract. 7 19.2 Such Agreement precludes the initiation either directly or indirectly of any municipal 8 legislation which would result in the alteration or cost increase of the benefits agreed to in this 9 Collective Bargaining Agreement or to increase the cost of other bargaining unit member 10 benefits not specifically provided for in this Collective Bargaining Agreement. Agreed City TMJ FOP _ G Date 0 3.44 i City of Miami Proposal No Change 0311$102 1 Article 20 2 HOLIDAYS 3 20.1 The following days shall be considered holidays: 4 New Year's Day Columbus Day 5 President's Birthday Veterans' Day 6 Memorial Day Thanksgiving Day 7 Independence Day Day after Thanksgiving 8 Labor Day Christmas Day 9 Dr. Martin Luther King's Birthday 10 20.2 Any additional holidays declared by official directive of the City Manager shall be added 11 to the above list. 12 20.3 Bargaining unit members performing work on any of the above holidays shall be paid 13 time and one-half (I%2) of their straight time hourly rate or shall be given scheduled 14 compensatory time at the rate of time and half (I V2) but such pay for a holiday worked shall not 15 be paid in addition to overtime pay. 16 20.4 All conditions and qualifications outlined in Article 15, titled "Overtime/Compensatory 17 Time," shall apply to this Article. Hours of earned time accumulated under this Article, when 18 added to the compensatory time earned under the Article titled "Overtime/Compensatory Time," 19 shall not exceed two hundred (200). Those bargaining unit members who are assigned to 20 administrative positions shall observe holidays on the same dates as the civilian employees of the 21 City. Agreed City�1 FOP Ne, Date ymo2 02-- 344 City of Miami Proposal 03/18/02 1 Article 21 2 EARNED PERSONAL LEAVE (FLOATING HOLED 3 21.1 Upon ratification of this Agreement, it is agreed that sworn bargaining unit members who 4 have six (6) consecutive months or more of satisfactory sworn service shall be entitled to 5 fourteen (14) hours earned personal leave time off each calendar year. The earned personal leave 6 may not be taken in less than one hour increments. The earned personal leave hours shall be 7 mutually agreed upon by the bargaining unit member and his/her section commander consistent 8 with the needs of the Police Department. The earned personal leave hours off shall not be 9 accrued; they must be used by the bargaining unit member during for the calendar year or be 10 forfeited. The earned personal leave hours off are not subject to being converted to cash during 11 the bargaining unit member's employment or as severance pay upon the bargaining unit member 12' terminating his/her employment with the City. There shall be no liability to pay any overtime 13 under this Article. 14 21.2 Effective January i 2003 earned personal leave shall no longer be credited to -bargaining 15 unit members and shall cease as available time. (Note: earned personal leave incorporated into 16 vacation leave). Agreed City FOP G DateAr {�- 344 City �of Miami Proposal 03/18/42 1 Article 22 2 UNIFORMICLOTMG'ALLOWANCE 3 22.1 Upon ratification of the labor agreement, bargaining unit members shall receive a 4 uniform allotment of four (4) uniform trousers/skirts, six (6) uniform shirts, and one (1) uniform 5 hat for their first three (3) years, and one allotment of shoes, leather, and web gear for the first 6 . year. Thereafter, every other year, they shall receive a choice of four (4) uniform trousers/skirts, 7 six (6) uniform shirts, and one (1) uniform hat or two (2) uniform trouserslskirts, two (2) uniform 8 shirts, and one hundred and €rve fifteen dollars (" 115) of leather and accessories. In the 9 selection of leather accessories and/or uniforms, the bargaining unit member will not be entitled 10 to a credit or refund should such selection not equal the dollar amount specified above. 11 22.2 All sworn bargaining unit members, depending on assignment or exhibited need, shall be 12 furnished one (1) set of coveralls, one (1) set of rainwear, one (I) helmet, and one (1) winter 13 jacket, which shall be replaced as needed. 14 22.3 On a year when a bargaining unit member is not entitled to any uniform allotment, he/she 15 may request up to four (4) uniform trousers/skirts, six (6) uniform shirts, and one (1) uniform hat 16 for replacement of damaged uniform, however, such replacement shall require the requesting 17 party to turn in the uniform he/she is requesting to be replaced. 18 22.4 The City will reimburse any male fulh duty sworn officer of the bargaining unit up to four 19 hundred and fifty dollars ($450) and any female full duty sworn officer of the bargaining unit up 20 to five hundred dollars ($500) for the purchase of a bulletproof vest. The Chief of Police will 21 supply the F.O.P. with a list of authorized vests and approved vendors. 22 22.5 Bargaining unit members covered by this Agreement who purchase an approved 23 bulletproof vest will be reimbursed as outlined in this Article subject to the following: Agreed City FOP 0—A C- pate / p2-- 344 City of Miami Proposal 03/18/02 1 A. The bargaining unit members must produce his or her individual fitted 2 bulletproof vest and the receipt of purchase in the officer's name for said vest. 3 B. The Chief of Police will appoint a person to inspect and approve previously 4 purchased bulletproof vests. If in the opinion of the appointed person the 5 vest should be replaced, the purchaser will be reimbursed the amount 6 indicated in section 22-3.4 when the bargaining unit member elects to buy a 7 new vest from the approved list, consistent with the requirements of 8 Paragraph A. 9 C. Bargaining unit members with less than five (5) years of service at the time 10 of separation shall return the vests to the City or bargaining unit members 11 continuing their law enforcement career with another agency may be allowed 12 to the purchase the vest at fifty percent (50%) of cost. Upon separation of 13 employment from the City under honorable conditions, a bargaining unit 14 member with five (5) years of service may retain his/her vest by making 15 payment of fifty ($50) dollars to the City. Similarly, a bargaining unit 16 member who separates his/her employment under honorable conditions with 17 ten (10) years of service shall be awarded his/her vest upon request. I8 22.6 Bargaining unit members shall reimburse the City for the repair or current replacement 19 cost of lost, stolen, or damaged City equipment when the bargaining unit member's careless 20 and/or negligent act(s) resulted in the loss, theft, or damage. Provided, however, that current 21 department policy shall apply when the equipment at issue is a city vehicle. In any grievance of 22 an action taken under this Section, the City shall bear the burden of proof. 23 22.7 Bargaining unit members assigned to investigative and/or tactical units that, due to the 24 nature; of their job functions, cannot wear a uniform, shall be entitled to a clothing allowance. Agreed City Ag_�_ Fop 06-x 0-- Date 4Z*9z 02- 344 0 • City of Miami Proposal ©3118102 1 Bargaining unit members assigned to administrative or non -operational assignments in which the 2 department provides a uniform or alternative clothing shall not be entitled to a clothing 3 allowance. 4 22.8 Authorized %argaining unit members shall 5 receive a clothing allowance of fifty-five ($55) per month. Authorized $bargaining unit 6 members who are absent without pay, using time from the F.O.P. time pool, on military leave, 7 and on disability leave, shall receive prorated payments. 8 Authorized'bargaining unit members not receiving a clothing allowance for any of the 9 above reasons shall begin to receive the allowance on the date of return to regular duty. 10 Bargaining unit members temporarily transferred to a position normally receiving a clothing 11 allowance shall not receive the allowance unless their transfers exceed thirty (30) consecutive 12 working days. Bargaining unit members authorized to receive a clothing allowance as specified 13 above may select, after their third (3rd) allotment as a police officer and thereafter, one (1) shirt 14 and one (1) trouser/skirt or a combination of uniforms and leather accessories from a list 15 provided by the department not to exceed sixty five ($68 165J. Such selection shall be in lieu of 16 the bargaining unit members normal uniform allotment. Replacement of these uniform articles 17 shall be re laced as s ecified in section 22.1 above. Agreed City FOP O'A G pate3// $/0 02- 344 City of Miami Proposal No Change 03/15/42 1 Article 23 2 PREVAILING BENEFITS 3 231 All job benefits in effect at the time of the execution of this Agreement heretofore 4 authorized by the City Manager or benefits provided for by ordinance of the City Commission, 5 not specifically provided for or abridged by this Agreement, shall remain in full force and effect 6 for the duration of this Agreement. 7 23.2 The City and the F.O.P. will meet at the request of either party to negotiate any proposed 8 changes in those rights and benefits not specifically covered by this Agreement, provided 9 however no changes shall be made except where a waiver exists or where the change is 10 negotiated in accordance with Chapter 447, Florida Statutes. Agreed City FOP iJ�" �'' Date - 6� ®2` 344 s . City of Miami Proposal 03/18/02 1 Article 24 2 GROUP INSURANCE 3 24.1 The City agrees to pay six dollars and ninety-two cents ($5.92) per pay period toward the 4 cost of life insurance and accidental death and dismemberment coverage as currently enjoyed by 5 bargaining unit members. 6 24.2 Effective the fret full pay period followin ratification of t -The City shall contribute one 7 hundred twenty -ane dollars and ninety cents121.90 fihme--delis and - zvr--i f CGSCJ �- - - ..a..c7 - 8 4103-64) per pay period toward the cost of bargaining unit member health coverage and one 9 hundred seventy, -five dollars and ninety eight cents 175.98 10 (9197-40) per pay period toward the cost of family coverage where the bargaining unit member 11 elects such coverage. 12 24.3 If the total FOP Health Trust fund drops below two million three hundred fifty thousand 13 dollars ($2,350,000) over the combined twelve (12) months of thus' Fiscal Years 2002-02 14 X95 96, Fiscal Year 2002-03 1996 97. or Fiscal Year 2003-04 ' oma, then the City agrees to 15 reimburse the FOP Health Trust for the difference bringing the FOP Health Trust up to the two 16 million three_hundred fifty thousand dollar ($2,350,000) level. Should a reimbursement be 17 necessary, the City shall pay the difference to the FOP Health Trust by Deseffibe September 18 1st of the specified Fiscal Year based on the Funds' financial statement and conflangd by the 19 yearly audit and ad'usted accordingly. 20 24:4 For Fiscal Years 2001-02. 2002-03 and 2003-04 1997-98 any claims 21 older than three and one-half (3 1/2) months shall not be charged as a debit to bring the total of 22 the fund below the two million three hundred fifty thousand dollar ($2,350,000) level. Delays in 23 submitting claims caused by the review process and the ordinary course of processing claims 24 shall not be subject to the three and one-half (3 1/2) month period. Once a Year the FOP Health Agreed City_ FOP !rh L' . Date 02- 344 City of Miami Proposal 43/18/02 1 Trust Fund will be evaluated to determine if the Fund exceeds or falls below five million 2 ($5,000,000) dollars. Should the Fund level exceed five million 5 004 000 dollars at the end 3 of My Fund fiscalear then the City's current contribution shall be reduced Proportionate to the 4 excess for the following Fund fiscal year. 6 24.5 —The benefit levels of the FOP Health Trust shall not be changed if such changes would 6 result in increased liability to the City in maintaining the two million three hundred fifty 7 thousand dollar ($2,350,000) level. 8 1" 2" The F.O.P. shall maintain its own group health, life, and accidental death and 9 dismemberment insurance plan. All current, future, and retired sworn police bargaining unit 10 members shall be eligible to participate in the F.O.P.'s plan, but shall forfeit the right to 11 participate in the City's plan. 12 ZAj 24-7 Upon request, the F.O.P. and its insurance plan administrator shall permit the City 13 to review any records related to the F.O.P.'s health insurance plan. 14 24.4 The F.O.P. 's plan shall provide health insurance benefits that are reasonably 15 comparable to those provided by the City's plan. 16 24,2 24. The F.O.P. shall indemnify and hold the City harmless against any claim, 17 demand, suit, or liability and for all legal costs arising in relation to the implementation or 18 administration of the F.O.P. 's health insurance plan. 19 LU 24.19 The City reserves the exclusive right to set and amend rates charged to sworn 20 police bargaining unit members who participate in the City's plan. 21 2M 24,11 The F.O.P. agrees to enroll sworn management personnel in its plan if those 22 individuals elect such coverage. 23 24.10 24.3 In the event the City is required to take back retirees into its City Health Plan, the 24 parties herein will promptly meet and negotiate the following issues: Agreed . City FOP e" '-- Date -t2 O2 02- 344 • City of Miami Proposal 03/18/02 1 A. Continuation of the FOP Health Trust, if any. 2 B. Placing the active and retired police employees in the City's plan or a City 3 sponsored HMO should one exist. 4 C. Dispersal of plan assets, if any, after all claims are paid. 5 D. And other such insurance issues as may arise. Agreed City FOP &, oA G- Date ,3 Oar— 344 1 2 3 4 5 6 7 S 9 10 11 12 . * City of Miami Proposal Incorporated into Article 7 Rules of Construction 05/08/01 Artiek-,M 1 � Agreed Citv '�I FOP` Date r% f 77 C�2 344 S City of Miamige Proposal #2 — 08/24/01 City o Miami Proposal — 08/24/01 I Article 26 2 F.O.P. TIME FOOL 3 A F.O.P. time pool is hereby authorized subject to the following: 4 26.1 The City agrees to establish -a time pool bank of six thousand (6,000) hours 5 per fiscal year to be used in accordance with the provisions of this Article. All 6 unused hours will be carried over to.the following fiscal year. 7 26.2 For each bargaining unit member, except the F.O.P. President, who is 8 authorized to use time from the time pool, the President shall fill out the 9 appropriate form as provided by the City. This form shall be processed through 10 channels of the bargaining unit member who is to use the pool time. The form must 11. be processed so that a copy shall be in the Office of the Chief of Police a minimum of seven (7) calendar days prior to the time the bargaining unit member has been 13 authorized to use the pool time. It is understood on rare occasions the seven (7) day 14 time limit may not be met. The President shall then forward a detailed explanation 15 to the Chief of Police as to why the seven (7) day rule wasn't met. Failure to file 16 this properly completed pool time usage form within seven (7) days or failure to file 17 an explanation with the Chief of Police as to why the seven (7) day time. limit wasn't 18 met, shall result in the bargaining unit member not being paid for all such time 19 requested. 20 26.3 Bargaining unit members shall be released from duty on pool time only if the 21 needs of the service permit, but such release shall not be unreasonably denied. If 22 because of the needs of the service a bargaining unit member cannot be released at Agreed City FOP / `"� Date Z''�f�� 7g 02- 344 City of Miami Aftaje Proposal #2 — 08/24/81 City of Miami Proposal — 08/24/01 1 the time desired, the F.O.P. may request an alternate bargaining unit member be 2 released from duty during the desired time. 3 26.4 F.O.P. Time Pool hours will be used on an hour for hour basis, regardless of 4 the hourly rate of the bargaining unit member using Time Pool hours, Vie. In 5 reporting a bargaining unit member's absence as a result of utilizing the 6 Organization Time Pool, the daily attendance record shall reflect: 7 "Officer Doe on FOP" (F.O.P. Time Pool) 8 26.5 Any injury received or any accident incurred by a bargaining unit member 9 whose time is being paid for by the F.O.P. Time Pool, or while engaged in activities 10 paid for by the F.O.P. Time Pool, except the F.O.P. President and the designee when 11 on full-time release shall not be considered a line -of -duty injury, nor shall such 12 injury or accident be considered to have been incurred in the course and scope of 13 his/her employment by the City within the meaning of Chapter 440, Florida 14 Statutes as amended, except for injuries sustained in Miami -Dade, Broward or 15 Monroe Counties while in the course of attempting to halt a felony in progress or 16 apprehending a fleeing felon. 17 26.6 Upon written request through channels, the F.O.P. President and a designee 18 will be released for the term of this Agreement from his or her regularly assigned 19 duties for the City of Miami Police Department. The terms of this Agreement for 20 such release are only to be implemented if the following qualifications are met by 21 the F.O.P.: 22 A. The Ledge F.O.P. President and the designee will reasonably be 23 available at the F.O.P. office currently located at 710 SW 12th Avenue, 84 A,,reed City FOP Date 8 `� o1 2 City of Miamige Proposal #2 — 08/24/01 Cit*01MViami Proposal — 08124/01 1 Miami, Florida, 33135, for consultation with the Management of the 2 City. 3 B. The F.O.P. President shall be the only Bargaining Unit representative 4 released to appear before City Boards or Commission. Release for 5 appearances before City Boards shall be on "F.O.P." time pool and 6 release for appearances before the City Commission shall be 7 designated as Administrative Leave (AL). In the absence of the 8 President, the President's designee may represent the F.Q.P.; however, 9 the designee must comply with Section 26.2 of this Article. 10 C. The Time Pool will be charged for all hours during which the F.O.P. 11 President and the designee are on off-duty release except that absence due to use of vacation leave, earned personal leave, sick leave, 13 holidays, or compensatory leave will be charged to the President and 14 designee's leave accounts. 15 26.7 All applicable rules, regulations and orders shall apply to any bargaining 16 unit member on time pool release. Violations of the above-mentioned rules, 17 regulations and orders shall subject the bargaining unit member on pool time to the 18 regular disciplinary processes currently provided for in the Miami Police 19 Department. 20 26.8 The City reserves the right to rescind the provisions of this Article in the 21 event any portion of the Article is found to be illegal, but shall not preclude further 22 negotiations of future employee pool time. Ay a, 02— X144 Agreed City FOP - Date City of Miami ALge Proposal #2 -- 08/24/01 City of Miami Proposal — 08/24/01 1 26.9 Each bargaining unit member covered by this Agreement may voluntarily 2 contribute compensatory time and/or vacation time to the Time Pool in four (4) -hour 3 increments. 4 26.10 Each bargaining unit member who wishes to donate time will use a time pool 5 donation form, which will be provided by the City. This form shall include language 6 releasing the City from any and all liability to pay for compensatory time or 7 vacation time contributed by the bargaining unit member to the Time Pool. 8 26.11 Members of the bargaining unit who are elected executive officials of the 9 Fraternal Order of Police shall be permitted to attend one meeting each month of 10 the Fraternal Order of Police without loss of pay subject to prior knowledge and 11 approval of the Chief of Police. Pay for elective officials who are on duty shall be 12 charged against the F.O.P. Time Pool. The monthly meetings shall be limited to 13 two (2) hours and shall involve no more than eleven (11) executive officials. e /�Y/c;( 83 A ­reed Citv FOP Date 02 344 City of Miami Proposal 46127/01 1 Article 27 2 DISCRIMINATION 3 27.1 No bargaining unit member covered by this Agreement will be discriminated against ---111 d to. 'o : b nefifis o .. di 'ons f em to e t accruin 5 from. Ihis Agregmet because of awe: race, eoee4; _ e� lieon, national origin, sex or 6 organization membership. 9 27.2 Any bargaining unit member as a condition of relying upon this contractual 10 provision in a grievance proceeding expressly and knowingly waives any further 11 statutory or constitutional right to sue based upon a similar claim. 80 Agreed City FOP ':qlj—L Date e• 17/ �- - o9- 344 • City of Miami Proposal 06/27/01 1 Article 28 2 nrk-Aa 1NE-AARLYBELZEAYEMENT EAVE 3 28.1 Any bargaining unit member covered by this Agreement may, in the case of 4 5 6 7 8 9 10 11 12 13 death in the immediate family, be authorized up to a maximum of forty (40) hours of paid leave. Said paid leave time shall bextiliz°ed by the bargaining unit member winfouiteen(14)ca"eridardafram'he da 'oftthe inmediaerfamilm�mb'er'sdeath. The immediate family is defined as father, mother, sister, brother, husband, wife, children, father-in-law, mother-in-law, grandparents, spouse's grandparents, stepfather, .mei stepmother andlor le�a1 ai±di`an`as ."ecified..b court 'documentation sub�nittecl ::to the Office'-af :Labor Relatids. Within thirty (30) calendar days from the date the employee 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 14 the form provided by the City and submitted to the Department of Human 15 Resources. Failure to produce the death certificate will result in the bargaining 16 unit member reimbursing the City for any paid leave taken under this Article. Any 17 employee found to have falsified his application for a "K" day will be disciplined up 18 to and including dismissal. 19 28.2 It is understood that under certain circumstances the bargaining unit 20 member will be unable to obtain a death certificate. In this event, in lieu of a death 21 certificate, the bargaining unit member shall submit a newspaper account showing 22 the death and the relationship of the deceased to the bargaining unit member 82 (o 02- 344 1 2 City of Miami Proposal 06/27/01 and/or other appropriate criteria as deemed appropriate by the Office of Labor Relations. 1-?� b/iiia 83 City of Miami Proposal No Change 05/08/01 1 Article 29 2 COMMENDATION PAID LEAVE 3 29.1 The Chief of Police, upon approval of the City Manager or his designee, may 4 grant up to forty {40} hours of paid leave to any bargaining unit member whose job 5 performance is of such an exemplary or heroic nature as to warrant this special 6 consideration. This Article shall not be subject to the Grievance Procedure or 7 arbitration. 02- 344 Agreed City FOP� 4—L Date .,"Z/ 87 • No Change 05/08/01 1 Article 30 2 FAMILY MEDICAL LEAVE AND LEAVE WITHOUT PAY 3 30.1 Bargaining unit members may request a leave of absence without pay in 4 accordance with the Family and Medical Leave Act of 1993 (FMLA) and the Miami - 5 Dade County family leave ordinance. 6 30.2 Bargaining unit members may.. take FMLA leave of absence without pay not 7 to exceed ninety (90) days in a 12 month rolling period for the birth or adoption of a 8 child, to care for an immediate family member with a serious health condition, or 9 the bargaining unit member's own serious health condition. 10 30.3 Upon approval of the Department Director, and the City Manager or his/her 11 designee, a leave of absence without pay may be granted, for the purpose of entering 12 upon a course of training or study calculated to improve the quality of the 13 bargaining unit member's service to the City through course work directly related to 14 the bargaining unit member's job, for a period not to exceed six (6) months. The 15 request for a leave of absence without pay may be extended for an additional six (6) 16 months upon the approval of the Department Director and approval of the City 17 Manager or his/her designee. 18 Any bargaining unit member requesting said leave of absence without pay 19 shall be required to submit evidence of registration upon entering each 20 quarter/semester of school. 21 30.4 Upon approval of the Department Director, and the City Manager or his/her 22 designee, a leave of absence without pay may be granted, for a good reason, for a 23 period not to exceed ninety (90) days. Approval for said leave of absence without Agreed city FOP Date 4WI 89 ti-- 344 No Change 05/08/01 1 pay is at the sole discretion of the City Manager or his/her designee and shall not be 2 appealable to the Civil Service Board or the grievance procedure. 3 30.5 Bargaining unit members who desire to take a leave of absence without pay 4 for any reason specified in this Article (excluding serious health condition) must 5 exhaust all vacation, and earned personal leave banks prior to taking a leave 6 without pay. A request for leave without pay for a serious health condition as 7 provided under the Family and Medical Leave Act shall require the bargaining unit S employee to use all sick, vacation and earned personal leave prior to taking leave 9 without pay. 10 30.6 Bargaining unit members who take a leave of absence without pay for any 11 reasons specified in this Article shall not accrue seniority or leave time. At the 12 expiration of a leave of absence without pay, the bargaining unit member shall be 13 returned to the position vacated when said leave of absence without pay was 14 granted unless otherwise prohibited by physical limitations. Leave of absence 15 without pay during the required probationary period of service shall extend the 16 probationary period the length of time used during the said leave of absence 17 without pay. 18 30.7 The acceptance of another position or engaging in other employment by the 19 bargaining unit member while on a leave of absence without pay shall be deemed a 20 voluntary resignation from the service of the City of Miami. 90 Agreed City -SCJL,-) FOP Date "�11 02- 344 • City of Miami Proposal 03/18/02 1 Article 31 2 VACATION 3 31.1 Vacation shall be calculated on actual service in the previous calendar year and shall only 4 be taken after the completion of six (6) months of actual continuous service. If a bargaining unit 5 member is employed prior to the 15th of the month, it shall be considered as a full month of 6 service and count in prorating vacation. Crediting vacation shall occur in January of each year 7 and shall be calculated on actual service in the previous calendar year. 8 31.2 . Effective January 1, 4W9 2003 bargaining unit members shall accrue vacation in 9 accordance with the following schedule: 10 1---- 5 years --------- 90 94 hours 11 6 ---- 10 years ----- --- 134 hours 12 11--- 15 years ----------------------------44A 154 hours 13 16--- 20 440174hours 14 21-- 25 years --------------------_ 4-W 194 hours 15 26--- and over ----- -- 214 hours 16 Bargaining unit members who have twenty nine (29) years or more of service as of 17 January 1, 1999 shall continue to accrue by an additional four (4) hours per year. 18 Effee4ive J4mary 1, 1999 b Bargaining unit members shall-ne lenge will not be credited 19 with anniversary vacation. 20 31.3 Vacations shall be taken by the last payroll period of the calendar year in -which the 21 vacation was credited. Bargaining unit members shall only be allowed to carryover two hundred 22 (200) hours of the previous year's credited vacation. Any excess vacation over the two hundred 23 (200) hour automatic .carryover shall be forfeited as of the last payroll period of the calendar year 24 in which the vacation was credited. Bargaining unit members who were on disability at the time 25 of their scheduled vacation shall be paid for all excess vacation over two hundred (200) hours at 26 the rate of pay the bargaining unit member was earning at the time the bargaining unit member Agreed City FOP � Date 0� 344 City of Miami Proposal 03/18/02 1 was placed on disability. If a bargaining unit member is unable to take a previously authorized 2 vacation due to cancellation by his/her Department, any hours in excess of the two hundred (200) 3 hours which would have been forfeited shall be paid for at the employee's January 1, hourly rate 4 of pay, and any reasonable documented expenses incurred due to the cancellation will be 5 reimbursed to the bargaining unit member. 6 31.4 A bargaining unit member's annual vacation accrual shall be reduced for leaves of 7 absence without pay and suspensions. The bargaining unit member's annual vacation accrual 8 shall be reduced on a yearly basis in accordance with the following schedule: rE Hours Without Pay Penalty 10 88 - 176 Hours 1 month annual vacation accrual 11 177 - 349 Hours 2 months annual vacation accrual 12 350 - 522 Hours 3 months annual vacation accrual 13 523 - 695 Hours 4 months annual vacation accrual 14 696 - 868 Hours 5 months annual vacation accrual 15 869 - 1041 Hours 6 months annual vacation accrual 16 1042 - 1214 Hours 7 months annual vacation accrual 17 1215 - 1387 Hours 8 months annual vacation accrual 18 1388 - 1560 Hours 9 months annual vacation accrual 19 1561 - 1733 Hours 10 months annual vacation accrual 20 1734 - 1906 Hours 11 months annual vacation accrual 21 1907 - 2080 Hours 12 months annual vacation accrual 22 31.5 Vacation leave must be requested twenty-four (24) hours in advance of use and shall be 23 taken in increments of not less than one (1) hour. Vacation leave may be granted by the Police 24 Chief or designee on an emergency basis. Upon separation of the bargaining unit member from 25 City service the bargaining unit member shall be paid for all earned vacation at the bargaining 26 unit members hourly rate. 27 31.6 Re nest for vacation PUMOut shall be submitted to the Office of Labor Relations for 28 gpnroval. Approval may be granted for emergencies or extraordinary circum ces onl and of 29 for financial hardships alone Prover backuy documentation shall be submitted with the reguest Agreed . City - FOP L L Date ��Z.- i City of Miami Proposal 03/18/02 1 for pa e t to the Labor Relations Officer whose decision is_ecisions of the Labor 2 Relations Officer are not a ealab a in anforum. 3 31.7 Vacation leave cannot be us d in lieu of sick leave unless otherwise indicated in this 4 Apreement. 5 31.8 Employees who retire upon normal service retirement -(Rule of 64 or Age 50 may, at 6 their sole discretion make an irrevocable election in the calendar year prior to the calendar ear 7 in which the em to ee severs service from the CLty of Miami to convert my wrtion of their S accumulated vacation time to sick time at the time of severance of service. 9 Agrees{ City ��— FOP 0" L Date 3 02- 344 0 City of Miami Proposal No Change 05/08/01 1 Article 32 2 BLOOD DONORS 3 32.1 Bargaining unit members covered by this Agreement who volunteer as blood 4 donors to contribute to City approved Blood Donor Organizations will be authorized 5 the absence necessary to accomplish this purpose. The Blood Donor Organization's 6 personnel will determine what amount of time the donor will need from the point of 7 donation till they are released to go back to work. Agreed City FOP �"�' Date —6 /D/ 02— 2— 394 4 • 1 Article 33 1 0City of Miami Proposal 03/18/02 2 SICK LEAVE 3 33.1 The parties agree that care and discretion shall be exercised by Management and the 4 F.O.P. in order to prevent the abuse of sick leave privileges. Absences ej-eeeet because of 5 trivial indisposition's must be discouraged. To determine the extent or reasons for a bargaining 6 unit member's absence on sick leave, the bargaining unit member's immediate supervisor or 7 management designee -may visit the home of the bargaining unit member on sick leave with pay. 8 In cases where Management suspects that a bargaining unit member is malingering, sick leave 9 with pay shall not be granted. 10 33.2 Permanent bargaining unit members may be allowed to accrue up to eight (8) hours sick 11 leave per month, to be utilized in not less than one (1) hour increments, provided that the 12 bargaining unit member is in pay status at least one hundred and twenty (120) hours per month. 13 33.3 Bargaining unit members in probationary status will accrue sick leave in accordance with 14 Section 2. However, no sick leave with pay shall be granted during the bargaining unit 15 member's first ninety days (90) of employment. 16 33.4 In order to receive sick leave with pay, a bargaining unit member must take steps to 17 notify his/her immediate supervisor or the person designated by the Department of Police to 18 receive such notice of illness within thirty (30) minutes after the time scheduled for the 19 beginning of the bargaining unit member's daily duties. It shall be the bargaining unit member's 20 responsibility to notify his/her Department each day the bargaining unit member will be out ill 21 within the time frames outlined above. 22 33.5 Any bargaining unit member absent on sick leave for more than three (3) consecutive 23 work days must report to the Department of Human Resources and obtain approval before 24 returning to work. Agreed City J FOP Date 02- 344 �, City of Miami Proposal 0 0 03/18/02 1 33.6 )Ie a Other banked leave time may be -substituted for sick leave UWess onl when a 2 bargaining unit member is 3 has depleted all of 4 his/her sick leave bank. Other leave time shall be recorded using the following a codes: 5 VL — Vacation for Illness. 6 Cl -- Compensatory Time 7 When a bargaining unit member has de leted all of his/her leave time balances and has not been 8 approved for Family Medical leave as outlined in Article 28 of this labor agreement the pay code 9 will be as follows: 10 92 — Illness Without Pay 11 33.7 All employees covered by this Agreement may be allowed to use up to eighty (80) hours 12 of accrued sick leave in any one calendar year due to serious injury or acute illness of any actual 13 member of the employee's immediate family. The immediate family shall be defined as father, 14 mother, sister, brother, husband, wife, children, father-in-law, mother-in-law, grandparents, 15 spouse's grandparents, stepfather and/or stepmother. 16 33.8 Bargaining unit members who have not utilized any sick leave and/or who have not been 17 on disability nor in a leave without pay status for the full payroll calendar year shall receive eight 18 (8) hours of commendation paid leave. 19 33.9 Bargaining unit members covered by this Agreement who exercise normal retirement 20 (excluding bargaining unit members who leave on vested rights) shall be paid for one hundred 21 percent (100%) of accumulated sick leave up to seven hundred fifty (750) hours and fifty percent 22 (50%) of accumulated sick leave above seven hundred fifty (750) hours. Bargaining unit 23 members whose sick leave payout was limited to nine hundred sixty (960) hours as a result of 24 having in excess of eight hundred (800) hours as of November 18, 1978 shall have the option of Agreed City �` FOP *h L Date -1- — 02-- 344 .City of Miami Proposal 03118/02 1 keeping the nine hundred sixty (960) hour limit or selecting the seven hundred fifty (750) hour 2 limit with payout at one hundred percent (100%) and. fifty percent (50%) of accumulated sick 3 leave above seven hundred fifty (750) hours. 4 33.10 Bargaining unit members with ten (10) or more years of service who terminate 5 employment with the City under honorable conditions shall receive a cash payment equal to one - 6 fourth (114) of their unused accumulated sick leave. 7 33.11 Bargaining unit members with fifteen (15) or more years of service who terminate S employment with the City under honorable conditions shall receive a cash payment equal to one - 9 half (1/2) of their unused accumulated sick leave. 10 33.12 When a bargaining unit member, in the face of termination by the Chief of Police/City 11 Manager, voluntarily resigns his/her employment, he/she shall be deemed to- feAked the 12 paid for accumulated sick leave as in 33.9, above. ,Bargaining unit 13 members who are terminated from employment forfeit all sick leave Rgyout. 14 33.13 Payoff for accumulated sick leave shall not be used to calculate average earnings for 15 pension purposes. 16 33.14 When - a bargaining unit member is unable to work due to an extended, non -work related 17 illness and the bargaining unit member's sick leave, earned time, and vacation time become fully 18 depleted, bargaining unit members may donate credited vacation and/or earned time to the 19 affected bargaining unit member in increments of four (4) hours or more. Such time may only be 20 donated by bargaining unit members whose hourly rate of pay is equal to or greater than that of 21 the donee. Such donations of time shall be submitted for approval by the Labor Relations 22 Officer on a form to be provided by the City. Except as provided above, donations of leave time 23 shall not be authorized. Should there be extraordinary circumstances beyond what is contained Agreed City FOP pate 02- 34 City of Miami Proposal 08/07/01 I Article 34 2 SUBS CIE - PER50NNEL SCREE 3 34.1 In an effort to identify and eliminate on or off duty controlled substance 4 abuse and on duty alcohol abuse, a bargaining unit member will be ordered to 5 undergo a urinalysis/blood tests immediate) u on notification shag 'be 6 an i A as provided herein: 7 A. Following any vehicular accident occurring on -duty, on an off-duty 8 detail, or traveling to or from same, and/or involving bargaining unit 9 member(s) while driving a city vehicle or rented vehicle, where a staff 10 level officer has reasonable belief based upon objective factors that the 11 involved bargaining unit member(s) may be under the influence of 2 alcohol or any controlled substance, unlawful, mind -altering, or non - 13 physician prescribed drugs. 14 B. Where a staff level officer has a reasonable belief, based upon objective 15 factors, that a bargaining unit member is under the influence of any 16 illegal drug or controlled substance not prescribed for him/her by a 17 licensed physician. 18 1) If the reasonable belief giving rise to the testing order arises 19 while the bargaining unit member is on duty, a reasonable effort 20 shall be made to have the test performed while (e)helshe is still 21 on duty or as soon thereafter as is practical. °2 2) In the event that the reasonable belief arises while the 23 bargaining unit member is off duty and the bargaining unit Agreed Ci !� FOP Date � City 0 City of Miami Proposal 08/07/01 1 member is not at the scene of an accident, arrest, or other event 2 {s)he/she shall be directed to report at the beginning of the next 3 tour of duty or the next morning, whichever occurs first; unless 4 there are compelling reasons not to wait until that time. 5 C. Where a staff level officer has a reasonable belief that a bargaining 6 unit member is under -the influence of alcohol on duty, or off-duty, 7 while driving a city vehicle or rented city vehicle, or while covered for 8 portal to portal pay for workers' compensation. 9 34.2 Random Substance Screening 10 A. , Through -out each calendar year the city 11 may conduct u to one thousand two hundred and 12 fi_..fty_(4900 1250 random substance screenings eanduet" on members 13 of the bargaining unit. A bargaining unit member may be randopqly 14 selected no more than two (2) times during each calendar year and 15 notified that he/she must report for testing. 16 B. Bargaining unit members selected for random substance screening 17 shall report to either a hospital or accredited testing laboratory, as 18 chosen by the city. The hospital or accredited testing laboratory shall 19 include sufficient safeguards to ensure that proper chain of custody 20 procedures are enforced. 21 C. The following drugs or classes of drugs and cut off concentration levels 22 shall be applicable for determining whether specimens are negative or .102 Agreed City ai_ FOP/� Date 6 ZA 02 344 15 Methalvndioxidemethamphetamine (Industry_Standards) 16 (Additional drugs may be added to the list upon mutual 17 agreement of the arties. 18 Bargaining unit members shall give either a blood sample (only to be 19 used for testing blood alcohol content), or a urine sample as directed by 20 management, at either a hospital or accredited testing lab, chosen by 21 the City. During said test, the bargaining unit member shall provide sufficient urine for the laboratory to secure two (2) samples to be 23' tested. The first sample will be used for the test and confirmation of Agreed City FON Date %/�/ 0 / — 3 �04 City of Miami Proposal 08/07/01 l positive for the initial or confirmation test. A positive result shall be a 2 concentration in excess of those listed below; 3 Initial Test Level (ng/ml) GUMS Level (ng/ml) 4 Marijuana Metabolites 100 15 5 Cocaine Metabolites 300 150 6 Opiate Metabolites 300 300 7 Phencyclidine 25 25 8 Amphetamines 500 500 9 Methaqualone 300 150 10 I'VIethadone 300 150 11 Propoxyphone 300 150 12 Tricyclic Antidepressants 300 (Confirmatory Presence) 13 Ketamine(IndustryStandards 14 Gamma-hvdroxvbutyrat (Industry Standards 15 Methalvndioxidemethamphetamine (Industry_Standards) 16 (Additional drugs may be added to the list upon mutual 17 agreement of the arties. 18 Bargaining unit members shall give either a blood sample (only to be 19 used for testing blood alcohol content), or a urine sample as directed by 20 management, at either a hospital or accredited testing lab, chosen by 21 the City. During said test, the bargaining unit member shall provide sufficient urine for the laboratory to secure two (2) samples to be 23' tested. The first sample will be used for the test and confirmation of Agreed City FON Date %/�/ 0 / — 3 �04 Ci hof Miami Proposal 08/07/01 1 same. The reserved sample shall only be tested if -requested -within 24 2 3 Bargaining unit members may, upon request, have an F.O.P. 4 representative present ' on lahoratory premises during the testis 5 collection procedure, provided that the test will not be postponed for 6 more than thirty (30) minutes . A 7 telephone call will be made to the F.O.P. President advising of said 8 pending test, but in no instance will the thirty (30) minute waiting rule 9 be waived er will the bargaining unit member ta-king the test have 11 Any test showing a "positive" result will be confirmed by the GCMS 12 method or other industry standard method before administrative 13 action is commenced, by testing the second portion of the sample 14 tested. 15 Bargaining unit members shall be notified of a positive result and 16 mity to request tha4 the remaining sample be tested. 17 Aii-y- i-equests for- testing ei the mmairAag sample shaI4 be made vAth 1$ 19 of the sample was pesitive. Notice to the bargaining unit member of 20 the test being positive shall be considered to have been served upon 21 the bargaining unit member by a representative of the Department 22 delivering a notice to the bargaining unit member's last known 104 Agreed City FOP Date Lg70 02 344 • City of Miami Proposal 08/07101 1 residence as shown on the Department's personnel roster or by 2 personal contact with that employee. 3 All chemical tests shall be conducted as soon as practical, preferably 4 i ' the same day. 5 X The F.O.P. will be advised of passed or failed tests to the extent that y 6 the releasing of such data is not inconsistent with Federal or State 7 laws regarding the privacy of said test, unless the individual involved 8 does not want the test results released to F.O.P. 9 34.3 Where a bargaining unit member alleges that an order made under this 10 section is not consistent with the criteria cited herein, he shall cc:.'iply with the 11 order, and may simultaneously file a protest with the communicator of the order. .,2 Disputes arising out of such protests shall be arbitrable under Article 6 of this 13 Agreement. 14 34.4 Refusal to comply with an order to submit to . viaminatiee 15 substance/alcohol scree in will constitute grounds `��-miai' for disciplinary action 16 up to and including dismissal. 17 34.5 Any positive test for a controlled substance which is confirmed by Gas 18 Chromatography/Mass Spectrometry (G.C.M.S.) or better testing shall result in a 19 discipline up to and including dismissal. 20 34.6 ' 21 ?2 . Any positive _test of alcohol_ —M -1h is 23 confirmed shall result in dis ' line u to and includin dismissal. 02— 4 Agreed City FOP � Date � ? 0� OS City of Miami Proposal 03/18/02 1 Article 35 2 HEART BILL 3 35,1 Should the Florida legislature pass a "heart bill" that grants aresum tion to 4 munici a1 12olice officers that tuberculosis heart disease or hypertension has been suffered "in 5 the line of du " the provisions of the new state law, and not this Article shall ARRIX uDon 6 enactment. Should this occur the City shallhave the option of discontinuing the Wellness 7 ProgM without venalty. 8 = �� The provisions of Florida Statutes Section 112.18, currently applicable to 9 firefighters shall be extended to cover all sworn bargaining unit members: subject to the 10 following limitations: 11 The parties agree that physical_ fitness and a healthy lifestyle contribute to a strong and 12 well -disciplined police force. To that end as of the date of ra ificatin of the collective 13 bar ainin agreement effective from October 1 2001 through S tember 30-2004, all new 14 sworn bargginina unit members will be required to refrain„ from the use of tobacco products, on 15 or off du . This re uirement will be reflected for th se affected individuals on all register 16 announcements for new sworn police personnel_; 17 5A Those bargaining unit members „who are required to refrain from the ,use of tobacco 18 roducts as set out above and who are found to be using tobacco grode is in violation of this 19 article, will be Disciplined and deemed „ineligible for the „presumption in Section 35.2 that any 20 heart disease or hygertensipa is a line of d= in' iolations of the No Tobacco use policy 21 will be subject to the Article 10 Qdpywce Procedure only to the extent of a det' tion of 22 w ether the bargaining ber was using tobacco products and the smLeft of ft@jtOLeLtg 23' discipline imposed. In addition to the departmental discipline aug_ilty determination will subject Agreed City 5&.)— FOP I�--C-- pate ez— y 02- 344 • City of Miami Proposal 03/18/02 1 the bar ainin unit member to ineli -:u: I-- for heart bill coy ra a and this ineli ibili shall not 2 be sdevable or anpealable in My forum• 3,5 The parties a2ree that as the date of ratification of the collective bar airing agreement 4 effective from October 1.200 1 through September 30, 2004, any register announcement for new 5 swam olice personnel shall advise the a licants the Cily of Miami re uires them to maintain 6 their body fat percentages throughout employment at no more than 25% for men and 30%_ for 7 women on the ind= standard scale used b the health facilLty thatprovides the annual police 8 h sical. Body fat will be measured once a year at the annual ghysical. A failure of a body fat 9 test at the annual Rhysical shall render a bargaining unit member ineligible for coverage under 10 this article for at least one calendar year. 11 5& Should a bargaining unit member subject to the body fat requirement become. ineligible 12 - for "heart bill' coverage under this Article he shall be able to reinstate his -coverage if a 13 subsequent annual police h sical scheduled by the City, demonstrates he has come within the 14 guidelines. A bargaining unit member will not be allowed to substitute an test other than the 15 one annual City 13hysical for ell ibili for heart bill covera a under this Article. Cinder no 16 circumstances will a heart claim which arises during a period of ineligibility be covered, unless 17 the -legislature has acted as described above. The denial of coy era a for a failure to maintain the 18 body_ fat percentages as required above and as set out above is not gdevable to any forum. 19 The City a lees to develop a wellness program with free classes on off 4= time for all 20 sworn police bargaining unit members. These classes will consist of, but not ,be limited to. 21 nutri 'on diet exercise and other areas related to h sical fitness. Agreed . city J FOP "- G Date &/ CTL_ 02- 344 •. WitY of Miami Proposal Y No Change � Article 36 03/18/02 2 SWORN OFFICERS KILLED IN THE LINE OF DUTY 3 36.1 Any full-time Sworn Miami Police Officer who is killed while in the performance of his 4 or her official duties or who subsequently dies from injuries within twelve (12) months of the 5 incident from his or her wounds shall be given a promotion to the rank of Major. Leave balances 6 wiII be paid off at the hourly rate of the newly promoted rank. The beneficiary of the deceased 7 shall receive a sum of one hundred thousand dollars ($100,400) from the City of Miami upon 8 said bargaining unit member's death. Application shall be made to the Department of Human 9 Resources for payment of such death benefits. Agreed City FOP G Date 3 1CP 02- 344 City of Miami Proposal 08/47/01 1 Article 37 2 NON DUTY COURT APPEARANCE 3 37.1 Attendance in court in response to legal order or subpoena to appear and 4 testify in private litigation not in connection to bargaining unit member's official 5 duty, but as an individual shall be taken as earned personal leave, vacation, 6 7 8 9 10 11 .2 compensatory leave, or leave of absence without pay. Attendance in court in response to a subpoena to ay -year and testify in connection with a bar ai Lngg unit member's official duly. including being called as a witness by the defense (excluding testimon as a character witness shall if test' 'ven while on duty be paid at the bargaining unit member's straight hourly rate or, if -testimony is given while off-dut be paid at one and one half 1 112 ti es the bar a'n'n unit members straight time rate and considered overtime worked. / 02- 344 Agreed City FOP" Date —6-171 f 111 • � Change I 1 Article 38 2 RESIDENCY 3 38.1 It is agreed that while residency is not a condition of employment a candidate 4 that is otherwise equally qualified will be given, at time of hire, preference for 5 employment in order of domicile as follows: (1) City of Miami resident, (2) Miami. 6 Dade County resident, (3) resident outside of Miami -Dade County. Agreed City ��4� FOP Date l 113 02- 344 1 Article 39 2 PENSION' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 • City of Miami Proposal 03/18/02 ___.......•... - - __ �.���•e..-scv-�e�-t e.rs�•�.-• �rl�ieav sheA be seven penei4 (q%) er. equal 4e the Gity"s een4t4butiefi, whiehe*ff is less. R • - - - i:�: Fav=�=_s=�-:% t=rr• yr A Agreed City FOP 074 Cr Date U2- 344 • - R • - - - i:�: Fav=�=_s=�-:% t=rr• yr A Agreed City FOP 074 Cr Date U2- 344 City of Miami Proposal 03/18/02 1 2 or- as raa—Hda*d under- the !RS Gede, 3 4 5 6 , 7 8 9 10 11 2. 12 13 , 14 15 16 1, 1998, 17 hAr--aa.iniva unit sr AMI .... --- r ---I - _,11 ......:...... 18 19 20 21 1, 1999, due ie the mWOplier shange, slwdl be sapped — 'ha Pau 22. pereeMage. `i Agreed LJ L f • %.P& & YW�r 42-- 344 i . City of Miami Proposal 03/18/02 1 33:4 Deferred Retirement Option Plan (DROP) Effective upon ratification of the labor 2 agreement, a DROP Program shall be established. The DROP of the Retirement System shall 3 consist of a Forward DROP and BACDROP. 4 GENERAL PROVISIONS 5 A. Eligibility 6 1. Any bargaining unit member who has reached age fifty (50) with ten (10) 7 years of creditable service, or who has attained a combination of age plus 8 years of creditable service equal to sixty four (64), shall be eligible to 9 10 11 12 13 14 15 16 17 18 19 20 21 22 participate in the DROP. B. Election to participate 1. Upon election of participation in the DROP, through forms and procedures as prescribed by the Pension Board of Trustees, a bargaining unit member's creditable service, accrued benefits, and compensation calculation shall be frozen and shall be based on the single highest year preceding participation in the DROP, as the basis of calculating the DROP payment. Upon commencement of participation in the DROP, the bargaining unit member contribution and the City contribution to the Retirement System for that bargaining unit member shall cease as the bargaining unit member will be earning no further service credit. The bargaining unit member shall not acquire additional pension credit for the purposes of the pension plan but may continue City employment for up to a maximum of thirty six (36) months, and a maximum of forty-eight (481 Agreed City FOP �j'>^� Dau" 02- 314 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Agreed • City of Miameroposal 06/27/01 -Agreed City of Miami Proposal 03/18/02 -Revised months for those bargaining unit members who elect DROP on October 1 2003, and thereafter. C. Maximum participation 1. The maximum period of participation in the DROP, is thirty six (36) months. or forty-eight (48) months for those bargaining unit members who elect DROP on October 1. 2003, and thereafter. Once the maximum participation has been achieved, the bargaining unit member must terminate employment. D. Individual Account E. 1. For each person electing participation in the DROP, an individual account shall be created. DROP Account Earnings 1. Tht Board of Trustees of the Retirement System shall establish, by administrative rule, a series of investment vehicles which may be chosen by participants in the DROP. Any losses incurred due to the option selected by the participant shall not be the responsibility of the City of Miami or the FIPO trust fund, and shall be bome by the participant only. Upon participation in the DROP, the participant shall make a selection of the earnings program through forms provided by the board. All interest shall be credited to the participant's DROP account. city FOP C'� e— Date / 02-- 344 . City of Miaaroposal 06/27/01 -Agreed City of Miami Proposal 03118/02 -Revised 1 F. DROP Benefits Distribution 2 1. Upon conclusion of a period of participation in the DROP not to exceed 3 the maximum set forth in section 39.1 C, the member shall terminate 4 employment. Upon termination of employment, a member may receive 5 payment from the DROP account in the following manner: 6 a) Lump sum; 7 b) Periodic payments; 8 c) Annuity; 9 d) Rollover of the balance to another qualified retirement plan. 10 2. A member may defer payment until the latest date authorized by Section 11 401(a)(9) of the Internal Revenue Code. 12 G. Disability or Death 13 1. Disability - A DROP participant shall not be entitled to receive an 14 ordinary or service disability retirement. 15 2. Death - In the case of the death of a DROP participant, there shall be no 16 accidental death benefit for pension purposes. 17 3. This article shall not effect any other death or disability benefit's provided 18 to a bazgaining unit member under federal law, state law, City ordinance, 19 or this Agreement. 20 Agreed City . Fop & c L Date 2 — 3 4 4 City of MiaAroPosal 06%17/01 -Agreed City of Miami Proposal 0311$/02 -Revised 1 H. COLA 2 1. Eligibility for payments for cost of living adjustment (COLA) shall not 3 commence until a member has actually separated from employment with 4 the City. COLA service years shall be based upon creditable years of 5 service in calculating the bargaining unit member's pension. For the 6 purpose of complying with Section •14(3)(m) of the Amended Final 7 Judgment in Gates, the bargaining unit member's "Date of Retirement" 8 shall be the date of actual termination of employment as a bargaining unit 9 member with the City of Miami Police Department and not the date of 10 election to DROP. 11 Any bargaining unit member who enters into a DROP agreement shall be bound by the 12 terms and conditions of that said agreement. Agreed City FOP . Lrl�A. Date Y—/-41 02- 344 1-1 1 FORWARD DROP City of Miami Proposal 03/18/02 2 A. The date of entry into the FORWARD DROP shall be the beginning of a pay 3 period. Payment shall be made by the retirement system into the bargaining unit 4 member's DROP account in an amount equal to the regular monthly retirement 5 benefit which the member would have received had the member separated from 6 service and commenced the receipt of benefits from the system. The amount of 7 the monthly benefit shall be determined based on the creditable service, average 8 final compensation, and retirement option selected in accordance with Section 40- 9 203(m) of the Miami City Code. Upon conclusion of a period of participation in 10 the DROP not to exceed the maximum set forth in Section 39.14 C, the member 11 shall terminate employment with the City of Miami. 12 Election of a FORWARD Drop Program precludes participation in a BACDROP 13 Program. Agreed City �_ FOP Date 0dZ. 02- 344 0 *City of Miami Proposal 03/18/02 1 ' 2 BACDROP 3 A. Eligibility: Effective upon ratification of the labor agreement a bargaining unit 4 member may elect to BACDROP to a date no further back than the date of their 5 retirement eligibility date. The BACDROP period must be in 12 month 6 increments, beginning at the start of a pay period, not to exceed 36 months, or 7 fo -ei ht 48 months for those buga-:ining unit members who elect DROP on 8 October 1 2003 or thereafter. Participation in the BACDROP does not preclude 9 participation in the FORWARD Drop program. 10 B. The benefits for purposes of the BACDROP shall be actuarially calculated to be 11 the equivalent to the benefit earned at the date of retirement. Said calculation 12 shall consist of the present value of benefits, being equal to the actuarially 13 reduced benefit, plus a lump sum with interest, as determined by the Pension 14 Board's actuary. Bargaining unit member contributions shall not be returned for 15 the period of time covered by the BACDROP Program. 16 C. 17 M-] Agreed Lump Sum: The lump sum as calculated by the Board's actuary shall be based on the assumed investment return of the fund without discount for mortality, and deposited into the newly created DROP account. city �— FOP &74 G Date 44 Z 02- 344 • 1 • City of Miami Proposal 03/18/02 2 &Z-. MA Investment Expenses: Effective as of the actuarial valuation for October 1, 1998, 3 the investment return assumption shall be net of any investment expense assumption. 4 = 3M Leave Balance Payoff Options: Bargaining unit members electing to retire may 5 select one of the two following leave balance payoff options: 6 A. Payment of leave balances upon retirement as currently specified under the labor 7 agreement and/or Ieave payoff practices. 8 B. The City shall fund up to a maximum of three (3) whole creditable service years 9 for the bargaining unit member based upon the value of the bargaining unit 10 member's available leave balance at time of retirement, less required withholding 11 taxes at present value, as actuarially determined for each individual bargaining 12 unit member. Bargaining unit 13 members may also purchase th—r-emainder-ef the three (3) whole creditable 14 service years by payment of cash to the Pension Trust or a tax qualified transfer of 15 funds from a members 457 Deferred Compensation Plan at present value as 16 actuarially determined for each individual employee. In no case shall a member 17 oXchase more than three 3 ears of service through an combination of the 18 above provisions. The hourly rate for calculation of the leave balances shall be as 19 specified under the labor agreement and or leave payoff practices. The purchase 20 of service years under this option may not be utilized for service/rule of sixty four 21 (64) retirement eligibility. If in the future the constructive receipt issue can be 22 satisfactorily resolved, this benefit shall be available using pre-tax value of 23 employees' leave banks. City I a �. FOP &K L Date Agreed 3 City of Mianeoposal 06127101 -Agreed City of Miami Proposal 03118102 -Revised 1 Article 40 2 BID PROCESS/SENIQRITY 3 JJU The Department shall be limited to a once per year ci 'de bid of all Field QRgrations 4 Division positions. The De artment shall etermine what slots will be staffed and filled. 5 AU The De artment shall continue to fill slots as o enin s occur during the year through the 6 re ular bidding rocess. The Dg artment shall dmrrnine what open slots will be staffed and bid. 7 When one or more vacant slots need to be filled, personnel may be temporarily assigned to cover 8 staffing needs. Those bargaining -unit members who have been Le=rarily assi ed will come 9 from personnel most recently transferred to Field Operations Division. laterals from Department. 10 RLobationary o Yicers/sergeants and certified officers who have. not bid AM, a permanent position. 11 Temporary assignments will be fora Reriod not to exceed twelve 12 months. 12 IU 404 Seniority shall only be determinative in shim assignment and in the assignment of 13 days off upon an opening occurring within a patrol unit. In a specialized unit seniority will be 14 defined as continuous time within the s ecialized unit. Seniority shall not be a prevailing factor 15 for assignment to a specialized unit. 16 44 40-,3 Seniority shall, for the purpose of this Article, be defined as tie-in date of 17 rank. Where seniority by time in-gFade date of rank is equal the mest $eeat date of hire as a 18 police officer shall be utilized. In cases where a,former bargaining unit member has been rehired 19 by, the Department, the bargaining unit member's most recent date of hire as apoiice officer will 20 be utilized. Leaves of absence without pay or suspensions of any duration shall not count toward 21 seniority. 22 AM 404 Exceptions to the use of seniority as specified in 40.1 may occur in an emergency 23 sivaWem or when special knowledge or skills are needed or as determined by the Chief of Police 24 or the Chief s designee. Agreed City FOP Date 02-" 344 • 1 Article 41 4D City of Miami Proposal 03/18/02 2 VEHICLE PROGRAM 3 41.1 In an effort to reduce costs to the City in maintenance, repairs, accidents and liability, the 4 following take-home vehicle program will be implemented: 5 A. All sworn bargaining unit members will be assigned a twenty-four (24) hour 6 vehicle aFA ramie. 7 B. Bargaining unit members will not be entitled to a take-home vehicle until the g he/she has fully completed . the required probationary 9 period. 10 11 to them, eeminue to be erAided to said ve�Aele. 12 R: C. Twenty-four (24) -hour vehicles will only be used for travel to and from the 13 bargaining unit member's home and work or any function within the scope of 14 his/her official duties. 15 E D. Twenty-four (24) hour vehicles will only be used for personal reasons within the 16 boundaries of the City of Miami. 17 E. Under no circumstance will a city vehicle be used to transport a assener outside 18 the sco a of his&er official ci business. 19 DT F. Any bargaining unit member involved in a vehicular accident determined to be 20 preventable by the Accident Review Board will lose the privilege of a twenty-four 21 (24) hour vehicle as follows: 22 Reasonable action 23 No injuries 24 Under $1,000 damage No Loss 25 26 Reasonable action 1 Month 27. N injuries Agreed City FOP Date �3PO b2 344 City of Miami Proposal 03/18/02 1 Over $1,000 damage 2 3 Reasonable action 2 Months 4 Injuries 5 6 Unreasonable action 3 Months 7 No injuries 8 9 10 Unreasonable.action 6 Months 11 Injuries 12 G The above-mentioned penalties will be assessed in addition to any disci lin 13 actions that mL%y be im osed by the CitE. 14 &. H. signed A bargaining unit member, whose 24 hour vehicles is unavailable due to 15 maintenance, repairs, or damage, will not require the replacement of said vehicle 16 on a twenty-four (24) hour basis. 17 R I. Departmental policy on the use and operation of police vehicles shall apply. 18 G J. Effective upon ratification of the labor agreement the it will be the intent of the 19 gly to re lace twenty four (24) hour vehicles every 20 seven (7) years with no mileage requirementsk. However, the City will purchase 21 one hundred and fifty „(150) vehicles ner year unlgssthe seven (7) year 22 re lacement schedule re uires fewer vehicles to be urchased or as lenges the 23 vehicle is no longer in a safe operable condition. 24 25 per--yeaf. Mid-size vehicles may be purchased as replacement vehicles if the 26 vehicle being replaced is not a pursuit vehicle in patrol. In lieu of replacing 27 pursuit vehicles the City may elect to rebuild pursuit vehicles. Agreed City 7 J FOP 614 40 Dam 02~ 344 City of Miami Proposal 03/18/02 1 H K. The F.O.P. agrees that 2 bargaining unit members will ' be required at their expense to have routine 3 preventative maintenance performed on their assigned city owned vehicle. Those 4 maintenance items that bargaining unit members will be required to have 5 performed on their vehicles shall include the following: 6 1) Check and refill if necessary, power steering fluid, radiator coolant 7 reservoir, transmission fluid, and tire pressure. 8 2) Wiper blade inspection. 9 3) Lubricate chassis, hood, and door hinges. 10 4) Oil and oil filter change, (API Service SF/CC RPMM -10 W-30 energy 11 conserving or 30-40 W). 12 (Motorcycle preventive maintenance shall include change of oil, change of 13 all fluids, and lubrication of chassis). 14 Such preventive maintenance shall be performed every five thousand (5,000) 15 miles (preventive maintenance for motorcycles shall be performed every four 16 thousand (4,000) miles and K-9 vehicles every three thousand (3,000) miles) by 17 an ASC certified vehicle maintenance center located within the City of Miami. 18 L L. All bargaining unit members who are assigned a twenty four (24) hour vehicle 19 A411 be are required to maintain a vehicle maintenance log, which, is subject to 20 inspection, by the City. Bargaining unit members who fail to provide the 21 prescribed preventive maintenance log shall be subject to disciplinary action 22 including but not limited to: 23 1. Repair cost due to damage of their assigned vehicle. 24 2. Maintenance cost. Agreed Ciry �._ FOP Date kK�- 02- 344 City of Miami Proposal 03/18/02 1 41.2 It is agreed by the F.O.P. that vehicle maintenance will be performed only while the 2 bargaining unit member is on duty. The F.O.P. also agrees that overtime pay requirements shall 3 not apply concerning any matter for which overtime is currently not being paid for off-duty 4 preventive maintenance of assigned vehicles. 5 41.3 Vehicles determined to be unsafe to drive by the 6 Solid Waste Depwtraea4 QV will automatically be taken off-line. 7 41.4 Departmental policy on damage of a City vehicle shall apply. Agreed City FOP pate 3 /21r-oz- 02- !Jz- 02 - 344 iCity of Miami Proposal 03/18/02 1 Article 42 2 TOTION REIMBURSEMENT 3 42.1 , 4 The tuition reimbursement program is designed to encourage bargaining unit members to 5 improve their job performance and increase their value to the City by pursuing courses of study 6 related to their job duties at Miami -Dade County, Broward County, or other approved County 7 educational institutions shWI be established. Other educational programs may be covered, 8 provided the City and the F.O.P. mutually agree upon inclusion of the educational program. 9 42.2 Any full-time sworn, permanent bargaining unit members shall be eligible to participate 10 in the Tuition Reimbursement Program. Tuition reimbursement provided under this Article shall 11 not be subject to budgetary constraints. 12 42.3 All course work must be taken at or from an accredited college, university or educational 13 institution approved by the City Manager or the Labor Relations Officer. Course work taken 14 under provisions of this Article must be directly related to the bargaining unit member's job 15 duties. Class attendance will be on the bargaining unit member's own time unless otherwise 16 noted in the course announcement and authorized by the City Manager or the Labor Relations 17 Officer. 18 42.4 Effective upon ratification of the labor a reement n .1 - bo- 1, 1998-f Reimbursement will 19 be limited to straight tuition costs up to a maximum of si* hundred one thousand dollars 1 000 20 (S600.00) per calendar year. Books, incidental fees, and other costs related to the course work 21 will not be reimbursed by the City. Agreed City FOP C' Date 3 / "Z 02- 344 0 1 3. Loss of twenty four (24) hour vehicle. Agreed City FOP 01% e-- 10 City of Miami Proposal 03/18/02 Date *-15;96Z 02- 344 t City of Miami Proposal 03/18/02 1 42.5 To be eligible for reimbursement, the bargaining unit member must successfully 2 complete the course work and provide evidence of successful completion to the City. Successful 3 completion must be evidenced by a grade of "C" or better. 4 42.6 Procedures for reimbursement will be as follows: 5 A. The bargaining unit member must obtain three (3) copies of the Application for 6 Tuition Reimbursement form for each course from his department or the Human 7 Resources Department. 8 B. The bargaining unit member must complete the application in triplicate and 9 submit it to the Chief of Police prior to -registration at the education institution. 10 C. The Chief of Police will then review the application and if approved forward the 11 original and one copy to the Human Resources Department. If the application is 12 disapproved, it is then returned to the bargaining unit member by the Chief of 13 Police. 14 D. The Human Resources Department has the authority to approve or disapprove the 15 application, and applications not approved will be returned to the Chief of Police 16 with the reason for rejection noted thereon. 17 42.7 In the event the bargaining unit member resigns or is terminated from the City within one 18 (1) year following completion of the course(s) for which City funds have been expended, the 19 amount of tuition reimbursement paid to the bargaining unit member will be reimbursed to the 20 City by the bargaining unit member upon his termination from the City through a deduction from 21 his final paycheck. 22 42.8 Upon completion of the course work, the bargaining unit member must submit his 23 semester grade report togeth^^e-'rr with the tuition fee receipt to the Chief of Police. The Chief of Agreed City FOFa'� C- Date -=O—td 3,44 1 2 3 4 5 • City of Miami Proposal 03/18/02 Police will submit the approved application for tuition reimbursement along with the bargaining unit member's semester grade report to the Finance Department who shall then reimburse the bargaining unit member for the City's share of the tuition reimbursement. The Chief of Police will advise the Human Resources Department of the employee's satisfactory completion of the course. Agreed city FOP o'3, -L. nate !�54� 02- 344 • 1 Article 43 • City of Miami Proposal 03/18/02 2 TERM OF AGR EEMENT 3 43.1 After a majority vote of those bargaining unit bargaining unit members voting on the 4 question of ratification and thereafter upon its ratification by an official resolution of the City 5 Commission ratifying the Agreement and authorizing the City Manager to sign the Agreement 6 on behalf of the City, then, the Agreement, upon being signed by the appropriate F.O.P. 7 representatives and the City Manager, shall become effective October 1, 49" 2001, except 8 where otherwise stipulated. The Agreement shall continue in force and effect until 11:59 p.m., 9 September 30, 201- 2004. 10 43.2 On or before May !; 2N1- Anrill 1, 2004, the F.O.P. shall notify the City in writing of its 11 intention to renegotiate the Agreement in force, and attached thereto shall include a complete list 12 of proposals which shall inform the City of the articles which they desire to negotiate, together 13 with specific language embodying and describing their proposals. The changes indicated in the 14 proposals shall be designated by article numbers and/or section numbers with a strike through of 15 deleted language (sample) and new language will be underlined (sample). 16 43.3 On or before May 1, 2004 200, the City will present the F.O.P. with a list of proposals it 17 desires to negotiate, together with specific language describing its proposals. The changes 18 indicated in the proposals shall be designated by article numbers and/or section numbers with a 19 strike through of deleted language (stele) and new language will be underlined sam le . 20 43.4 Initial discussions shall thereafter, and no later than June 1, 2091 2004, be entered into by 21 the City and the F.O.P. 22 43.5 If any provision of this Collective Bargaining Agreement is in conflict with any law, 23 ordinance or resolution over which the City Manager has no amendatory power, the City 24 Manager shall submit to the City Commission a proposed amendment to such law, ordinance or Agreed City FOP &)" G Date 6� 02- 344 iCity of Miami Proposal 03/18/02 1 resolution. Unless and until such amendment is enacted or adopted and becomes effective, the 2 conflicting provision of the Collective Bargaining Agreement shall not become effective. The 3 City Administration shall expedite such proposed amendments to the City Commission. 4 43.6 If a Constitutional Amendment is adopted which reduces the City's ability to acquire 5 revenue and causes the City Manager to deem necessary the under funding of this Agreement, 6 the parties shall promptly reopen negotiations on wages and monetary fringe benefits. 7 Agreed to this day of by and between the respective parties through 8 an authorized representative or representatives of the F.O.P. and by the City Manager. 7 Ates City FOP.0-K C-- Date 02-- 344 1 2 3 4 5 6 7 8 9 10 11 FRATERNAL ORDER OF POLICE WALTER E. HEADLEY, JR. MIAMI LODGE NO. 20 ATTEST: Agreed CITY CLERK City of Miami Proposal 03/18/02 THE CITY OF MIAMI, FLORIDA CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY city wz_ Fop - Date 3 & 02— 44; 0 City of Miami Proposal New Article . 03/18/02 1 New Article 2 POST EMPLOYMEHEALTH PLAN 3 The parties ee that the union will a lore the RgssibiljV or establishing the Fraternal 4 Order of Police Lode #20 Post EmRlovxnent Health Plan "PERP" consistent with current 5 IRS Rules and RegWations. 6 EfigjbiU& for membepWv, taxability. funding and admjWj9Ad&n of the PERP will be as 7 outlined in the PEHP Document. Prior to establishment of the PEM ,the parties agiee to modify 8 the, existing Leave Balance Transfer Agreement between the IAFF. FOP and City of„Miami to 9 allow for the transfer of sick leave to the PERP. 10 The PEHP will establish individual accounts for each member in the PERP. 11 Effective u on creation of the PEHP or as soon thereafter as 12ossible, it is the intent of 12 the arties that u on severance of service from the DeR=2nt all members will have their sick 13 leave balances calculated at their rate of 12gy at time of severance and transferred to their PERP 14 accounts. 15 The parties aUe__e—that any losses, charges or expenses incurred by the narticinant in the 16 PEHP will be,bome by the participant and shall not be made un by the City of Miami. tie FOP 17 or, the PERP, Agreed City FOP &K C.. ' Date 4ei� 0 .9 4 4 9 theauthorization b the Cit 10 The City shall: remit deductions a dues Aurilig gb e week following each 11 bLweekly Ray.er'od to a duly authorized representative s d si ated in wrAing b 12 the Union. The F.O.P. shall remit tote City- the amount of five hundred dgIlars 13 500.00per 12avroll year for administrative cost. This amount shall be j2av&ble in 14 full at the beginning of each payrQ11 year. 15 In the -event a bar aini unit ember's salaxy earnings with 'n an a 16 p1riod, after deductions for withholding, Social Security retirement, ou health 17 insurance and other priority deductions are not sufficient to cover dues it will be 18 the responsibility of the F.O.E. to collet its dues far that RAY Reriodectl fro 19 the bargaining unit member. 20 Deductions for the Union dues shall cont' ue until ei r: 21 A. Revoked by the bargaining unit- member by urovidi.ng the City with 22 thin 0 da ' written notice that -he is texminating the 1prior the k 23 off authorization, 2- IA 4 Agreed City FOP Date AEO 1,61&1 141 City of Miami Proposal New Article 05/08/01 1 NEi ARTICLE 2 DUES HE FF 3 The - Cites% -agrees to deduct JF;O P $ memb_ershiy dues iz 'an au nt established 4 by the F.O.P. and certified in writin .b , anT ccredited:;:F.O.P -; 0 cer to the Ci 5 666-the_:jgay of -those bar ainin unit :mdkkb-ers in :the �jn unit who 6 indivi wall ma a she `re uest :o a writ n ch k -off u ha 'z a fo provided 7 by the -Ci . Suc °'dedua : - . e.: e b .th <C' whe ' o er;: a all deductions 8 are: made and wM'begin with.Ath jay -for the wing receipt of 9 theauthorization b the Cit 10 The City shall: remit deductions a dues Aurilig gb e week following each 11 bLweekly Ray.er'od to a duly authorized representative s d si ated in wrAing b 12 the Union. The F.O.P. shall remit tote City- the amount of five hundred dgIlars 13 500.00per 12avroll year for administrative cost. This amount shall be j2av&ble in 14 full at the beginning of each payrQ11 year. 15 In the -event a bar aini unit ember's salaxy earnings with 'n an a 16 p1riod, after deductions for withholding, Social Security retirement, ou health 17 insurance and other priority deductions are not sufficient to cover dues it will be 18 the responsibility of the F.O.E. to collet its dues far that RAY Reriodectl fro 19 the bargaining unit member. 20 Deductions for the Union dues shall cont' ue until ei r: 21 A. Revoked by the bargaining unit- member by urovidi.ng the City with 22 thin 0 da ' written notice that -he is texminating the 1prior the k 23 off authorization, 2- IA 4 Agreed City FOP Date AEO 1,61&1 141 0 City of Miami Proposal New Article 05/08/01 1 B. T_he eepai"nofyloymen =sof the-Luthoridag baargainine -'unit 2 member, 3 C. The�snsfern`rainoon.te#in"of the"auhorizne'bar*ri;*+g unit 4 mem�'ber out of - argauun�un t: 5D. Thew'revocafzon�or sui pension duesA n '-aw6erfffied by the duly 6 7 E. ThOdedert ficatibn of< he F` 4iP 'as tl e: bar �r,ne un 8 The'UnnoAhall indemn r'sand hold .the: City. ita ©f�cea's officials f igents an`d 9 emnlovees harmless ag�nst' anv claini, demand, suit. oajafl= `fmone ,y` or 10 otherwise and for`°all legal costs arming frQ�nn anv acts or�omissions-of the Cita,its 11 officials, agents and bareairiina. unit'-membera in Article. The 12 F.O.P. shall promptly°refund to 66 City,any funds received in accoi•dfince with this 13 Article tha- ire in excess of the amount of dues which the City has agreed to deduct. 14 This Article applies only to the deduction of membe du s and a of 15 apply to the collection of any fines. penalties, or special assessments. -142 A�areed City GAJ SOP � � f �— Da[e 6 0 FG 344 2 3 4 5 6 00 Warr 0 . City of Miami Proposal Delete 05/08/01 1,44 An Cit, ja-CJ FOP Date 02- �1 City of Miami Proposal 'Delete Incorporated into Article I - Recognition nn 07/18/01 2 3 4 s 7 Nig M r _ _�_ 8 9 11 12 .8977 13 14 15 580— Assistant te 16 QMe f of Pokee 17 82,80---- - .._ _—Assistant.. 18' Deputy Chief ef Peliee 20 Agreed Cityb._L FOP `J. f Date 02-- 144 147 POLICE Municipality Miami Fort Lauderdale Coral Gables Hollywood Miami Beach Hialeah Miami -Dade Count WAGES ANNUALLY as of 04/01/2002 OFFICER MIN MAX SERGEANT MIN MAX $33,575(1) $45,070(7) $40,580 $50,731 $57-595(l t$53,391(9)$50,996(9) $38,137 $48,427 $38,054 $46,807 $38,014 $57,315 $33,066 $45,297 $47,663(8) $47,825(5) $52,502 $30,797 $40,086 $44,658(10) $42,465 $53,568 $38,946(!) $52,127(7) $54,454 $63,128 $56,107(7) $61,858(9) $46,254 $56,888 $60,130(5) $63,162 LIEU'T'ENANT MIN MAX $69680(11) $64,793(7) $61,986(9) $54,976(8) $45,070(1) $60,429(7) Non Union $71,434(9) $53,546 $65,855 $66,312(4) $73,138 $55,003(5) $60,487 $48,868 $64,938 CAPTAIN MIN MAX $71,756(9) $63,255(8) Non Union $52,126(1) $68,606(7) Non Union Non Union Non Union None $58,965 $77,566 LONGEVITIES (ANNUALLY) as of 04/01/02 OFFICER $53,504(20) $58,014(22) Annual Longevity Cash Payments based on annual $56,060(10) $58,864(15) $59,034(20) $63,265(20) $63,898(25) $51,570(10) $49,068(20) +Long Bonus $57,327(20) SERGEANT LIEUTENANT $61,910(20) $66,670(22) salary 5-9 yrs 2.5% 10-14 yrs 5% 15-19 yrs 7.5% $64,951(10) $68,199(15) $71,757(20) $73,230(20) $73,963(25)_ $59,474(10) +Long Bonus $69,066(20) +Long Bonus $82,629(20) $71,656(20) $75,006(10) $83,067(20) $84,766(20) $68,423(10) $77,165(22) 20-24 yrs 10% $78,756(15) $85,614(25) +Long Bonus 25 + yrs 12.5% CAPTAIN $82,965(20) Non Union Non Union Non Union None Non Union $89,344(22) ACROSS THE BOARD INCREASE EFFECTIVE DATE 10101102-3.6% 10/01/03-2.0% 10/13/02 Officer 2.25% Negotiating Agreed in principle 9130102-4% 10/01/02 - 3% 09101/02-3% Successor PERCENTAGE 04101104-2.0% Sergeant 3% 04/13/03 10/01/023% 10/01/033% Contract 07101103-4% Officer 2.25% 11-I^A rn u�virv+ 3 ro 07.0..04 1 1/ -dal, Sergeant 3% 07/01/05-3% W POLICE Municipality Miami Fort Coral I Lauderdale Gables I Hollywood Miami I Beach I Hialeah Miami -Dade Coup TAKE HOME VEHICLE PROGRAM YES/NO YES YES YES YES YES YES YES EMPLOYEE COST $64.40 $0.00 $0.00 20$.00 MTH $25/30/45 $0.00 $0.00 PERIYR PAY SUPPLEMENTS No. B/W — Biweekly; M — Monthly; Crime Prevention/ Hazardous Duty 1064 $76.92 BIW $0 $0 $0 $0 $100 BIW $55 B/W Field Training Officer 80 5% $74.00 B/W 1 Step $50.00 BIW None 5% None Bomb Squad 6 5% None None None None $70 BIW None Swat 36 5% None None 5% None $50 BIW None Complaint Sergeant 21 5% None None $50.00 B/W None $0 None N. R. O. 28 5% $0 1 Step None None $0 None Net Lieutenants 0 5% None None None None $0 None Senior Uniform Patrol Officer 134 5% None None $0 $0 $0 $0 Senior Uniform Patrol Sergeant 64 5% None None $0 $0 $0 $0 Motorcycle 14 $50 M $0 1 Step None 5% $30 BIW None Marine Patrol 8 $0 $0 None $50 BIW None $0 None Z^ POLICE Miami - Fort Coral Miami Dade Municipality Miami Lauderdale Gables H Beach Hialeah County PAY SUPPLEMENTS No. BIW -- Biweekly; M -- Monthly; Aircraft Operator 0 None None None $50 BIW None $200B/W None K-9 21 $0 $0 None $50 BIW None 11/2 None Bicycle/Foot Patrol 53 $0 None None $50 BIW None $0 None Underwater Search 1 $0 $0 None $50 BIW None None &Recovery $50 BIW Traffic Homicide 20 $0 $0 None 5% None $0 None Criminal Investigation 30 $0 $0 None 5% None $0 None Professional Standards 0 None None None 5% None 5% None None None None Certified Instructors (CJIS) 14 2% None None None Crisis Intervention Team 70 2.5% None None None None None None Shift Differential 750 bpm -lam: Midnight 5pm-10pm: After I Ipm: 6pm-6am: None Officer - $.40 1 Step 5% $.52 5% Sgt. - $.50 10pm-6am: After Spm: Lt. - $.60 10pm-7:40am 7% $.32 Capt. - $.60 $40 BIW 2:40pm- 11:40pm $20 BAN' C ti FIRE Municipality Miami Fort Coral Gables Miami Hialeah Hollywood I Miami -Dade Lauderdale Beach Count WAGES ANNUALLY 4.5% as of 04/01/2002 Negotiating 48 Hour FIRE FIGHTER Contract MIN $35,103 $40,040 $37,185 $35,239 $34,113 $33,875 $31,590 MAX (7) $47,100 $53,289 $49,832 $47,627 $47,554 $39,285 $39,828 FIRE LIEUTENANT $55,111 (10) $47,865(15) $48,166(10} $54,953 $46,254 $61,343 $49,355 MIN $40,711 $49,990(5) $41,215 MAX (7) $54,481 $63,502 $61,986 $70,980 $57,185 $52,521 $55,720 FIRE CAPTAIN $57,973(15) $53,546 $70,544 $66,111 MIN $47,100 $55,147(5) $48,491 MAX (7) $63,166 Non Union $71,756 $81,624 $66,111 $57,939 $64,541 CHIEF FIRE OFFICER $63,953(15) $70,340 MIN $54,481 $58,647 MAX (7) $73,154 Non Union Non Union None $70,340 Non Union $77,039 LONGEVITIES as of 04/01/02 FIRE FIGHTER 48 HR_ $58,773(21) Annual Longevity $57,687 (20) $55,218 (20) $57,867(21) 10 yrs 5% $52,823 (17) $60,243(22) Cash Payments $55,770 (25) + Long Bonus 15 yrs 5% + Long Bonus based on annual FIRE LIEUTENANT 48 HR. $68,003(21) salary $71,757 (20) $78,349 (20) $67,498(21) $61,208 (17) $69,703(22) 5-9 yrs 2.5% $79,132 (25) + Long Bonus + Long Bonus 10-14 yrs 5% FIRE CAPTAIN 48 HR. $78,707(21) 15-19 yrs 7.5% $83,067 (20) $90,098 (20) $77,977(21) $70,668 (17) $80,675(22) 20-24 yrs 10% $90,999 (25) + Long Bonus + Long Bonus 25 +yrs 12.5% CHIEF FIRE OFFICER 48 HR. $91,123(21) Non Union None $82,206(21) $84,495 (17) $93,401(22) + Long Bonus + Long Bonus ACROSS THE BOARD INCREASE EFFECTIVE DA'T'E 10101/02-3.6% 10/01/02-3.0% Negotiating 9130/02-4% 10/01102-3%o None 10101102-317c PERCENTAGE 10101103-2.0% 04101103-2.0% Contract Contract 07101/03-4% 10/01/04-2.0% Expires 9130102 Negotiating Contract e! FIRE Municipality Miami Fort Coral Miami Hialeah Hollywood Miami - Lauderdale Gables Beach Dade Count PAY SUPPLEMENTS No. BIW - Biweekly; M - Monthly; ALS assignment 246 5.0% 6.0% 10.0% 10.0% 13.0% 7.0% 11.0% Certified Paramedic 346 6.5% 15.0% 10.0% 7.0% 5.0% 5.0% 5.0% Emergency Med Tech 264 Certification 1.5% 5.0% 5.0% 1.5% 2.0% 3.0% 5.0% Driver Engineer 289 2.5% 7.0% 10.0% 5 to 7% 5.0% 5.0% 5.0% 24 hour On Call pay 17 10.0% None None 5.0% None 3.0% None 40 hour assignment 5.0% $4000 yr 5 to 7% 5.0% 6.0% 5.0% 5.0% Air Truck Assignment 6 2.5% none 2.0% 5.0% None 5.0% 5.0% Haz Mat assignment 68 2% 2.0% 5.0% NIA $55 BIW N/A 5.0% Dive Team Assignment 72 2% 2.0% None NIA NIA NIA 5.0% Certified Fire Instructor 34 2% 2.0% 5.0% None None None 5A% Tech Rescue Team 45 Assignment 2% 2.0% NIA NIA NIA NIA 5.0% ALS acting pay (paid when riding only) 249 5.0% 7.0% 10.0% $1 per hr $13 per day 5.0% 5.0% Cash Payments other than $125 wages 608 76.92 per pd $150 per yr 250 yr $50 BIW None None payday $50 Revenue Incentive Pay 608 3.7% $100-$200 BIW None None None None payday AFSCME 1907 MunicipalityMuniciparity Miami Coral Gables Hollywood Fort Miami- Hialeah Miami Lauderdale Dade Beach Cour y WAGES(ANNUALLY) AS OF 04/01/02 COMMUNICATIONS OPERATOR MINIMUM $33,162(1) $31,369 $31,096 $29,910 $28,982 $27,014 $25,228 MAXIMUM $44,464(6) $36,365 $35,182 $33,840 $35,228 $44,964 $29,247 $42,038 14 $44.116(10) 40 248(i3 $48.088(10) $62,920(10) $36,319(10) TYPIST CLERK H MINIMUM $23,472(1) $25,808 $20,820 $23,982 $21,024 $18,694 $20,513 MAXIMUM $31,602(6) $29,918 $22,981 $27,133 $26,832 $24,674 $23,780 $34,585(14) $28,849(10) $32,177(13) $33,502(10) $35,568(10) $29.247(10) HEAVY E U1P MECHANIC MINIMUM $36,639(1) $31,369 $34,382 $29,910 $27,286 $21,892 $32,917 MAXIMUM $49,041(6) $36,365 $39,900 $33,840 $34,826 $29,380 $35,261 242,038(1 $47,548(10) $40,248(13) 39 639(10 $44,122(10) $44,188(10) PROFESSIONAL ENGINEER II MINIMUM $49,275(1) $48,665 $41,500 $49,004 $45,655 $33,306 $30,124 MAXIMUM $65,711(6) $56,416 $60,700 $55,443 $61,182 $49,686 $34,922 $65,216(14) $73,500(10) $69,222(13) $73,698(10) $66,066(10) $45,955(10) LONGEVITIES 10YR - 5% 5% LOYALTY 10YR - 10% 5-9YR - 2.5% 15 Yr - 16YR 5YR - $15 7YR - 2.5% ANNUALLY AS OF 15YR-5% PAYMENT @ 10, 15YR - 10% 10-14YR - 5% 1.5% 9YR - $15 10YR - 2.5% 04/01/02 16YR - 2.5% 15 & 20 YRS 15-19YR - 17YR - 1.7% 15YR -- 2.5% 20YR - 5% 7.5% 18Yr - 29YR 20YR - 2.5% 21YR - 5% 20-24YR - 10% .10% per Yr 25YR - 1% 22YR - 2.5% 25+YR - 30+-3.0% 12.5% ACROSS THE BOARD INCREASE AS OF 04/01/02 PERCENTAGENegotiating V1010, 102-3.6%EFFECT/ Negotiating 10101102-3% 09101102-3% 10/01102-3% Negotiating AFSCME 1907 Municipality Miami Fort Lauderdale Coral Gables Miami Beach Hialeah Hollywood_ Miami -Dade Count Pay Supplements No Comm. Operator Training 15 5% $1,300 Yr_ None 5% None None None Quality Assurance Proficiency 69 5% None None None None None None National Academy of Emergency Medical 20 5% None None None None None None Shift Differential NA $.60 Hr. 7% None $15!$25 BIW $.40/$60 H None $.401$.50 H Garage On Call 50 7.50% None None None None None None Revenue Incentive Pay 6 2.50% None None None None None None ASE Certified Mechanic NA None $1,300 Yr. None None None None None Hazardous Chemicals 320 None None None 20% None None $.50 H Mechanic 26 None $100 Yr. None None None None $20 BIW Fire Garage Tech Certificate 9 1%-5% None None None None None None Lead Worker Pay 0 None None 10% None 10% None None Tool Allowance 45 $340 Yr. $100 Yr. None None $435 Yr. $200 Yr. $360 Yr. Safety Shoes 250 $75.00 $90 Yr. None None None None $60 Yr Uniform NA None $400 Yr. Yes Yes $100/$200 Yr None $480 Yr M7 W 0 CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM 1 TO: The Honorable Mayor and DATE : March 20, 2002 FILE: Members of the City Commission SUBJECT: Resolution Ratifying Labor Agreement between City of Miami and FOP FROM: Carlos A, neZ REFERENCES: City Manage ENCLOSURES: RECOMMENDATION It is recommended that the City Commission authorize the City Manager to enter into a collective bargaining agreement between the City of Miami and Fraternal Order of Police (FOP) for the period October 1, 2001 through September 30, 2004, per the attached Resolution. BACKGROUND In May of 2001, the City and the FOP began negotiations for a new labor agreement to replace the one expiring on September 30, 2001. On March 14, 2002 the City and the FOP reached agreement on a successor labor agreement for the period of October 1, 2001 through September 30, 2004. Changes to the three-year labor agreement provide for the following: Across the Board Increases: April 1, 2002: October 1, 2002: October 1, 2003: April 1, 2004: Longevity Increases: 4.5% (includes 1% catch-up) 3.6% (includes 1% catch-up) 2% 2% 21 Years of Service: 21/2% increase to 5% 22 Years of Service: 21/2% (new longevity step) CAMy Documents12001 Negotiations\FFOP-CAG-MayorCComm-CoverMemo.dce 02- 344 Pay Su lements: Motor Cycle Assignment: Instructors Assigned to Training: Increase to $50 per month 2% Senior Uniform Patrol Sergeant Pay: 5% (effective October 2002) Crisis intervention Teams: FOP Health Trust: City contribution increase: Tuition Reimbursement: 21/z% $18.26 more per pay period (single) $21.58 more per pay period (family) Increased from $600 to $1000 annually Take Home Cars: Limited City's purchase of vehicles to 150 vehicles per year resulting in non -budgeted savings to the City of $3.4 million the first year of the contract for a total savings of $6 million over the term of the Agreement. The City and the FOP also agreed to the establishment of a labor/management committee to determine how to provide medical treatment and equipment to curtail excessive medical costs in certain areas, and modifying the heart presumption language that all new hires found to use tobacco products will be ineligible for line of duty injury coverage and any new hires failing to maintain the specified body fat percentages will be ineligible for coverage until the employee comes within the required guidelines. The parties have also agreed to modify the method of providing supplementary pay to employees injured in the line of duty thus reducing administrative costs to the City. Other items agreed to by the City and the FOP include extending the DROP program to 48 months effective October 2003, providing for promotions based upon the rule of one with the ability to deny or delay a promotion for cause, allowing for the use of deferred compensation monies to buy up to three years of service time at present value as actuarially determined, providing the option to establish a Post Retirement Health Plan, and language changes to other areas of the labor agreement providing the City greater flexibility to manage. A cco*loi-- stsummary of the changes to the FOP labor agreement is attached for your review. CAG/RSW/rsw CAMy D0cumentsUW1 NegotiationsTOP-CAG-MayorCComm-CoverMemo.doc 02— 344 FOP Lod a No. 20 - P lice 2001-2004 BENEFITS Additional New Costs WAGES FY 2002 (112 YEAR) FY 2003 FY 2004 4.5% April 1, 2002 $ 1,334,533 3.6% October 1, 2002 $ 2,231,339 2.0% 10/03 PLUS 2,0% 4104 $ 1,290,681 LONGEVITY INCREASES 2.5 ® 21 Years (to 5%) $ 127,864 $ 11,673 $ 9,269 2.5% @ 22 Years (New) $ 58,187 $ 7,462 $ 5,603 PAY SUPPLEMENTS Motorcycle Assignment to $50/month Certified Instr. Assign. Training - 2% $ $ 2,296 6,194 $ $ 4,591 467 $ $ 4,591 270 Crisis Intervention Team - 2.5% $ 38,704 $ 2,887 $ 2,124 Sr. Patrol Sergeant - 5% (10102) $ 203,804 $ 4,053 TUITION REIMBURSEMENT $1000 Annually $400 increase) $ 6,400 $ 6,400 $ 6,400 GROUP I SURANCE Increase City Contribution b $18.26/Sin le Increase City Contribution by $21.58/Family $ 250,000 $ 250,000 $ - SUB -TOTALS $ 1,824,178 $ 2,718,623 $ 1,322,891 NON BU GETED SAVINGS Reduction of Vehicle Purchase to 150/yr. $ 3,424,000 $ 1,760,000 $ 896,000 TOTALS $ 1,599,822 $ 958,623 $ 426,991 i.aa - V=2002 o2- 344 FOP, Lodae No. 20 - Police 12001-20041 LBR - 3/22042 02- 344