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HomeMy WebLinkAboutR-99-0070i J-99-125 1/13/99 RESOLUTION NO. C� C� 70 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, 1998 THROUGH SEPTEMBER 30, 2001. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorizedll 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, 1998 through September 30, 2001. 1/ Section 2. This Resolution shall become effective �ATTA,AHWEIll s ' i UNTAMED CITY CO=SSION KEETING OF JAN26"1 Resolution No. 9-9- 70. The herein authorization is further subject to c06Pti-nCe-- with- a7Z requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. aru-F;ew3s�J,la. PIE 'F �t s aid-.e?'' f{ t i q k5+ £". 2C2'y,lyxtt44-k'S r* ut WYR u. 1 i immediately upon its adoption and signature of the Mayor2, PASSED AND ADOPTED THIS 26th day of January 1999. ATTEST: JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since th;7 Miayor did not indicate a-npmvz, of this legislation by signing it in the desfgnstec) Pl,' prrt ; ,ri ;r becomes effective with the ciapse of, (c 10) d^ ; ircm the dale of �� regarding same, without the Mayor a ercisi g ve o. -"a'on action cal ^ F'oenan, City Clerk WALTER J. FOENLkN, CITY CLERK APPROVED �,T FORM ) CORRECTNESS: j J CI ORN� r196:LRC:CSK z 2� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days fromn 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, 2 99- 70 t'�Y{}` M 'S. , ,C�.R'I'aH�'�'� it`r� t{, � „` , r z_ � c -•mot t ARTICLE PAGE Agreement..................................................................... 1 Preamble........................................................................ 1 Recognition Representation of the City ............................................ 2 2 Representation of the F.O.P. ManagementRights ..................................................... 4 3-5 NoStrike .......................................... Grievance Procedure.............................................,..,,:.. 6 6-11 Rules of Construction........................................:,,.,........ 7 11-12 Disciplinary Procedure ....................................:.:........ 8 12-15 -° 4 Line of Duty Injuries ........................ 15-17' Notices.......................................................... .......... 10 17-18 Bulletin Boards ............................. ............,........... 11 18 Department Disciplinary Review Board........ 12 18-20 r Recall and Court Time ............................. . .... 13 20-21 Transfers.............................................. .............. 14 22 kk Overtime/Compensatory Time.... ........: 15 22-24 3 4-10 Schedule ................................... ...... ,........ 16 24-25 Standby...................................... 17 25 Wages .................................... 18 25 -32 Total Agreement ................. .. 19 32-33 z Holidays .............................. .:.........:......... ............. 20 33-34 Earned Personal Leave (Floating Holiday) 21 34 s Uniform Allowance ................................................ ... 22.135-37 Prevailing Benefits........................................................1 23 38 Group Insurance ........................ 24 38-40 Provisions in Conflict with Law . 25 40 F.O.P. Time Pool ................. 26141-44 Discrimination .................... 27 44 Death in Family .............. 28,44-45 Commendation Paid Leave ........ ................................ ;29 45 Family Leave and Leave. Without Pay ..................'. :. , ` 30 45-47 Vacation................................................................`...... 31 47-49 a. BloodDonors ................................................. 32 49 Sick Leave 33 49-52 Substance/Alcohol - Personnel Screening ................... 34 52-56 HeartBill..................................................................... 35 57 Sworn Officers Killed in the Line of Duty ................... 36 57 .. Non Duty Court Appearance .................:....... ............. 37 57 Residency........................................................ ........... 38 58 Pension ............................................ 39 58-66 Seniority ......................................... ... 40 66 Vehicle Program............................................................ 41 67-70 all AGREEMENT THIS AGREEMENT is entered into this _ day of __ _, 19_ by the CITY OF MIAMI, FLORIDA, a municipal corporation, hereinafter referred to as the "City," and the FRATERNAL ORDER OF POLICE, WALTER E. HEA.DLEY, JR., MIAMI LODGE NO. 20, hereinafter referred to as the "F.O.P.," an organization representing certain sworn police employees of the City of Miami's Police Department. PREAMBLE WHEREAS, it is the intention of the parties to this Agreement to set forth the entire Agreement of the parties with respect to matters within the scope of negotiations; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do mutually covenant and agree as follows: Article 1 RECOGNITION 1.1 Pursuant to and in accordance with all applicable provisions of the Florida Public Employees Collective Bargaining Law, Chapter 447, Florida 'Statutes, management recognizes the F.O.P. as the exclusive collective bargaining representative for those employees in the defined bargaining unit for the purpose of collectivebargaining with respect to wages, hours, and other terms and conditions of employment. 1.2 The bargaining unit consists of all sworn employees (hereafter referred to as Bargaining unit member(s) holding positions in the classifications shown in Appendix A or which may hereafter be added to, reduced or changed as hereinafter provided, and amp'+^ Jam'_ ` .. ?,,. :�� o-5fw��M,a�, r.M .r-P...�rn w<t....,x,...�,�.a.�..-.,io,<,ks.�..eror•a•w...�w.•a..r ,...,« _ _ -_ .._ .... _.. .. .... .. .., ... excludes all other employees not specifically included in Appendix A as it now exists. Any changes in the bargaining unit shall only be made upon proper application to and adjudication by the Public Employees Relations Commission and/or the appropriate court of competent jurisdiction; or as may be mutually agreed. upon by the parties. Article 2 REPRESENTATION OF THE CITY 2.1 The City shall be represented by the City Manager, or a person or persons designated in writing to the F.U.P. by the City Manager. The City Manager, or his designated representative, shall have sole authority to conclude an agreement on behalf of j the City subject to ratification by an official resolution of the City Commission. It is understood that the designated representatives of the City are the official representatives for the purpose of negotiating an Agreement. Any negotiations entered into with persons j other than those defined herein, regardless of their position or association with the City, r " 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. E . Article 3 �. REPRESENTATION OF THE F.O.P. 3.1 The F.O.P. shall be represented by the President of the F.O.P. or by person or persons designated in writing to the City Manager by the President of the F.O.P. The I identification of representatives shall be made each year by April 1st. Such designation 2 99- 70 " 7 F TABLE OF CONTENTS ARTICLE Agreement..................................................................... Preamble....................................................................... . Recognition.................................................................... 1 Representationof the City ................. I.......................... 2 Representation of the F.O.P......................................... 3 ManagementRights ......................... 4... I........0............... 4 NoStrike ............................................... ..:..... I........ 5 Grievance Procedure ...............................,......,.......... 6 Rules of Construction .................. .....:.........,........ 7 Disciplinary Procedure .................. ........... .. ........ ... .......... 8 Line of Duty Injuries ..................... ....: 9 Notices ........................................... ...,.. Ili :..6............ 10 Bulletin Boards ................... 11 Department Disciplinary Review Board .... 12 Recall and Court Time .............. .... 13 Transfers ................................... .+: 14 Overtime/Compensatory Time....... .. ...... 15 4-10 Schedule ...................... 16 Standby................................ 17 Wages................................ 18 Total Agreement .................. 19 Holidays .............................. ......... .i ...... 20 Earned Personal Leave (Floating: Holiday) .... 21 Uniform Allowance.. 22 Prevailing Benefits ................. 23 Group Insurance............ 24 Provisions in Conflict with Law .. 25 F.O.P. Time Pool ............... 26 . Discrimination ...................... .r 27 Death in Family . ` 28 Commendation Paid Leave ................................... 29 Family Leave and Leave Without Pay..' ..............:... 30 Vacation.................................................................:.... 31 Blood Donors ................................................ 32 SickLeave.......................................................... 33 Substance/Alcohol - Personnel Screening .................... ' 34 HeartBill................................................................... 35 Sworn Officers Killed in the Line of Duty .................... 36 Non Duty Court Appearance ....................................... 37 Residency......................................................................1 38 Pension......................................................... .. 39 Seniority .......................................... ..... ... 40 VehicleProgram...........................................................1 41 PAGE 1 1 1-2 2 2-3 3-5 5-6 6-11 11-12 12-15 15-17 17-18 18 18-20 20-21 22 22-24 24-25 25 25-32 32-33 33-34 34 35-37 38 38-40 40 41-44 44 44-45 45 45-47 47-49 49 49-52 52-56 57 57 57 58 58-66 66 67-70 70 y r 5 , i 4yyt �t.i' I i c ARTICLE PAGE f, Tuition Reimbursement ...............: 42 70-72 Term of Agreement ............... 43 72-74 Addendum1....................••........................ 75 AppendixA..................................�., ....... ..••........ •••........ 76 4 . Appendix B.......................... 77 f. AppendixC.....................•.....•..•... •.,.....,•...,s............ 78 E Appendix D...............................•.•..•.,,,.•...•.•.••a..,.,..:•.•. 79 Index .........................•.....::.... ...... 80-81 I '4 r F 4 yy "'•-y'.Yasr �b�FSM13fosfi..RigRC_S`4'fifkYw''�.�>�` iS'4rwly^"�yC.3&Q39i+h'i+.�up,[u.sw'w.v.�v9tr,1MIp*.'T P^ ._'weaawgpRp.. dl i }��ry_cc`4Y } SJ RS WI'i` I excludes all other employees not specifically included in Appendix A as it now exists. Any changes in the bargaining unit shall only be made upon proper application to and adjudication by the Public Employees Relations Commission and/or the appropriate court of competent jurisdiction; or as may be mutually agreed upon by the parties. Article 2 REPRESENTATION OF THE CITY 2.1 The City shall be represented by the City Manager, or a person or persons designated in writing to the F.O.P. by the City Manager. The City Manager, or his designated representative, shall have sole authority to conclude an agreement on behalf of the City subject to ratification by an official resolution of the City Commission. It is understood that the designated representatives of the City are the official representatives for the purpose of negotiating an Agreement. Any negotiations entered into with persons other than those defined herein, regardless of their position or association with the City, shall be deemed unauthorized. and shall have no standing or weight of authority in committing or in any way obligating the City. It shall be the obligation of the City Manager, or his designated representative to notify the F.O.P. in writing of any changes in designation of the City's representative for the purposes of negotiations. Article 3 REPRESENTATION OF THE F.O.P. 3.1 The F.O.P. shall be represented by the President of the F.Q.P. or by person or persons designated in writing to the City Manager by the President of the F.O.P. The identification of representatives shall be made each year by April 1sIt. Such designation 2 99-- "70 »?E :iF.77`3�''', r r �a ��3'ie�V.s+�?�MC.4 s >.:�:�.i .,b.•.'�i+hi4.1i�'�,.';n» R 6YM.e. u...,..«,.. ...,... vim,......... y .,•ra. . spa. �L�v ro wir�r�:ri+# •. .. � , , ... .... .. -. ... .. . ,... AGREEMENT THIS AGREEMENT is entered into this day of _ , 19_ by the CITY OF MIAMI, FLORIDA, a municipal corporation, hereinafter referred to as the "City," and the FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MI.AMI LODGE NO 20, hereinafter referred to as the "F.O.P.," an organization representing certain sworn police employees of the City of Miami's Police Department. PREAMBLE WHEREAS, it is the intention of the parties to this Agreement to set forth the entire Agreement of the parties with respect to matters within the scope of negotiations; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do mutually covenant and agree as follows: Article 1 RECOGNITION 1.1 Pursuant to and in accordance with all applicable- provisions of the Florida Public Employees Collective Bargaining Law, Chapter 447, Florida Statutes, management recognizes the F.O.P. as the exclusive collective bargaining representative for those employees in the defined bargaining unit for ' the purpose of collective bargaining with respect to wages, hours, and other terms and conditions of employment. 1.2 The bargaining unit consists of all sworn employees (hereafter referred to as Bargaining unit member(s) holding positions in the classifications shown in Appendix A or which may hereafter be added to, reduced or changed as hereinafter provided, and 99- 70 Tna ...; .:+h.(+3rR.,g%w'v �+s�•e auxprrc s.�s, rnw+uc..wF�..,• ,au,�rti-s ...... r d shall be accompanied by an affidavit executed by said President that the F.O.P. has complied with all requirements of State Law in effect at that time with respect to registration of the F.O.P. The President of the F.O.P., or person or persons designated by said President, shall have full authority to conclude an Agreement on behalf of the F.O.P., subject to ratification by a majority vote of those bargaining unit members voting on the question of ratification. It is understood that the F.O.P. representative or representatives are the official representatives of: the F.O.P. for the purpose of negotiating with the City. Any negotiations entered into with persons other than those defined herein, regardless of their position or association with the F.O.P., shall be deemed unauthorized and shall have no standing or weight of authority in committing or in any way obligating the F.O.P. The F.O.P. shall notify the City Manager in writing of any changes in the designation of the President of the F.O.P. or of any certified representative of the F.O.P. Up to five (5) designated representatives of the F.O.P. shall be permitted to attend the negotiation sessions on. duty with no loss of pay or emoluments. Three.:(3) of the representatives shall be compensated by the City. The other two (2)'; shall ;be compensated by the Time Pool consistent with the provisions of Article-26. The seven day;notice requirement will not apply where the schedule of negotiating sessions prohibits its application. Article 4 MANAGEMENT RIGHTS 4.1 The F.O.P. agrees that the City has and will continue to retain, whether exercised or not, the right to operate and manage its affairs in all respects; and the powers or authority which the City has not officially abridged, delegated or modified by the express provisions of this Agreement are retained by the City. The rights of the City, 3 ..... _........ r �'SfR through its management officials, shall include, but shall not be limited to, the right to determine the organization of City Government; to determine the purpose of each of its constituent departments; to exercise control and discretion over the organnzation and efficiency of operations of the City; to set standards for service to be offered to the public; to direct the bargaining unit members of the City, including the right to assign work and overtime; to hire, examine, classify, promote, train, transfer, assign, and schedule bargaining unit members in positions with the City; to suspend, demote, discharge, or take other disciplinary action against employees for proper cause; to increase, reduce, change, modify or alter the composition and size of the work force, including the right to relieve bargaining unit members from duties because of lack of work or funds; to determine the location, methods, means, and personnel by which operations are to be conducted, including the right to determine whether goods or services are to be made or purchased; to establish, modify, combine or abolish job pay positions; to change or eliminate existing methods of operation, equipment or facilities; and to establish, implement and maintain an effective internal security program. 4.2 The City has the sole authority to determine the purpose and mission of the City, to prepare and submit budgets to be adopted by the City Commission. 4.3 The City shall enforce and comply with the provisions of the Agreement so as not to violate the City Charter or the Civil Service Rules and Regulations (Ordinance 8977 as amended). 4.4 Those inherent managerial functions, prerogatives, and policy making rights which the City has not expressly modified or restricted by a; specific provision of this Agreement are not in any way, directly or indirectly, subject to the Grievance Procedure contained herein. a 99 - 70 4.5 Delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance to the. City of Miami. Such achievement is recognized to be a mutual obligation of both parties within their respective roles and responsibilities. Article 5 NO STRIKE 5.1 "Strike" means the concerted failure to report for duty, the concerted absence of employees from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which. adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. 5.2 Neither the F.O.P., nor any of its officers, agents and members, nor any bargaining unit members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any other interruption of the operations of the City. 5.3 Each employee who holds a position with the F.O.P. occupies a position of special trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition in F.S. 447.505 and the Constitution of the State of Florida, Article I, Section 6. Accordingly, the F.O.P., its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility, in event of breach of this Article or the law by other employees and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike publicly. 5.4 .Any or all employees who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall not be grievable or arbitrable under the provisions of Article 6 - Grievance Procedure. Article 6 GRIEVANCE PROCEDURE 6.1 In a mutual effort to provide harmonious working relations between the parties i I of this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances or misunderstandings between the `- �'� g parties arising from the application or interpretation of this Agreement. 6.2 A grievance is any dispute, controversy or difference between (a) the parties, (b) F the City and a bargaining unit member or bargaining unit members on any issues with respect to, on account of or concerning the meaning, interpretation or application of this Agreement or any terms or provisions thereof, f r s A grievance shall refer to the specific provision or provisions of this Agreement i alleged to have been violated. Any grievance not conforming to the provisions of this paragraph or that contains non -identification of specific violations of the agreement shall be denied and not eligible to advance through the steps of the Grievance Procedure including arbitration. 2.1 . - ,•.. .rwhkw.y✓kP.difmsf9r:�RY+T'N {LLIi@%fu:."43 qs �S 99-- "70 6.3 Nothing in this Article or elsewhere in this Agreement shall be construed to permit the F.O.P. to process a grievance (a) on behalf of any employee without his consent, or (b) with respect to any matter which is the subject of a grievance, appeal, administrative action before a governmental board or agency, or court proceeding, brought by an individual employee or group of employees, or by the F.O.P. 6.4 It is further agreed by the F.O.P. that employees covered by this Agreement shall make an exclusive Election of Remedy prior to filing a 2nd step grievance or initiating action for redress in any other forum. Such choice of remedy will be made in writing on the form to be supplied by the City. The Election of Remedy form will indicate whether the aggrieved party or parties wish to utilize the Grievance Procedure contained in this Agreement or process the grievance, appeal or administrative action before a governmental board, agency or court proceeding. Selection of redress other than through the Grievance Procedure contained herein shall preclude the aggrieved party or parties from utilizing said Grievance Procedure for adjustment of said grievance. 6.5 To simplify the Grievance Procedure, the number of "working days" in presenting a grievance and receiving a reply from the different levels of supervision shall be based upon a forty (40) hour, five (5) day, work week, Monday through Friday. 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. 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. 6.7 Only an employee who has permanent Civil Service status as a sworn Police Officer 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 the Civil Service Rules, but not both. Such grievances shall be filed at Step 3 within the time limits set forth for Step 1. 6.8 Disputes involving the granting of workers' compensation shall not be subject to this grievance procedure, but disputes involving the granting of supplemental disability pay shall be grievable. 6.8 Grievances shall be processed in accordance with the following procedure: Step 1. The aggrieved employee shall discuss the grievance with his immediate supervisor within five (5) working days of the occurrence which gave rise to the grievance. The F.O.P. representative may be present to represent the employee if the employee desires him present. The immediate supervisor shall attempt to adjust the matter and/or respond to the employee within .five (5) working days. g 9 - 70 - tt?:ar+xrxww77"+wtcazrhnsfik�.YeC"rWk'I4^?4'GLP,R#,twvli�''aj`A?,Y.%'t!i x .�, t o K '''f •i i e ¢� f _....., w..NkS1Y•v — Y 4.i 3 t _ "9•� � �..�a':,w�.:]a .�.+u �w�i�.La1� +��iis�.�u�.�_—.v'��L. ��sk.'^!3it�_.r_ x�.k 1 1 Step 2. If the grievance has not been satisfactorily resolved at Step 1, the employee or the Employee Organization representative shell complete the Election of Remedy form provided for in Section 6.4 of this Article before initiating the grievance to the second step -of the Grievance Procedure. If the aggrieved party or parties elect the remedy other than the Grievance Procedure contained herein, the grievance shall be withdrawn for redress consistent with the Election of Remedy form. When the Election of Remedy form indicates the grievance is to be advanced through the Grievance Procedure, the employee or the F.Q.P. representative shall reduce the grievance to writing on the standard form provided for this purpose and present such written grievance to the Department Head or his designee within five (5) working days from the time the response was given at Step 1. The Department Head or his designee shall meet with the employee and/or the F.O.P. representative and shall respond in writing to the employee and the F.O.P. within seven (7) working days from receipt of the written grievance. Step 3. If the grievance has not been satisfactorily resolved in Step 2, the employee or the F.O.P. may present a written appeal to the City Manager or his designee within seven (7) working days from the time the response was given at Step 2. The City Manager and/or his designee shall meet with the employee and/or the F.O.P. representative and he shall respond in writing.to the bargaining unit member and the F.O.P. within ten (10) working days from the receipt of appeal. 9 99- '70 K M kr ',w�.*,:i�..i.:r'.�4�d.•.k7siv.''r�.e1s.`'.'`sVcaE:��JFt:i,,.v if's Step 4. 1. If the grievance is not settled in Step 3, it may upon written request of either the Employee, Employee Organization or the City within seven (7) working days after receipt of reply or answer be referred to arbitration by the Arbitrator. 2. The arbitration shall be conducted under the rules set forth in this Agreement and not under the rules of the American Arbitration Association. Subject to the following, the Arbitrator shall have jurisdiction and authority to decide a grievance as defined in this Agreement. The Arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or any amendment hereto. The Arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement, or which is not covered by this Agreement; nor shall this Collective Bargaining Agreement be construed by the Arbitrator to supersede any applicable laws. 3. It is contemplated that the City and the F.O.P. or bargaining unit member shall mutually agree in writing as to the statement of the matter to be arbitrated prior to a hearing; and if this is done, the Arbitrator shall confine his decision to the particular matter thus specified. 4. Each party shall bear the expense of its own witnesses and of its own representatives. The parties shall bear equally the expense of the impartial Arbitrator, including any retainer fee of the Arbitrator. The party desiring a transcript of the hearing will bear the cost of same. 10 99- "70 5. Copies of the award of the arbitration made in accordance with the jurisdiction or authority under this Agreement shall be furnished to both parties within thirty (30) days of the hearing and shall be final and binding on the aggrieved bargaining unit member(s), the F.O.P. and the City. 6. The Arbitrator shall be selected by agreement of the parties. In the event the parties cannot agree upon an Arbitrator, the Federal Mediation and Conciliation Service shall be requested to nominate five (5) persons for such position. Each party may reject such list in its entirety. If a list is not so rejected, names shall be stricken alternately, the party striking first to be determined by the toss of a coin. 6.10 Effective upon ratification of the labor agreement, the city agrees to pay the F.O.P. up to Twenty Thousand dollars ($20,000) per fiscal year for representation of it's bargaining unit members. Article 7 RULES OF CONSTRUCTION 7.1 It is agreed and understood that this Agreement constitutes the whole Agreement between the parties. 7.2 Notwithstanding any other term or provision of this Collective Bargaining Agreement, it is expressly agreed that this Collective Bargaining Agreement shall not, in any of its parts, be construed by any arbitrator or court in any way which supersedes or pre-empts applicable laws, ordinances, statutes, Civil Service Rules and Regulations, or the City of Miami Charter. In any grievance arising under the Collective Bargaining >> 99 -- 70 r 'r'� tRl b i '^i ¢S,ti•�" k+'S4' �. Agreement, the Arbitrator, in rendering his award, shall be bound by and shall apply the foregoing standard contained in this paragraph. Article 8 DISCIPLINARY PROCEDURE 8.1 Whenever a bargaining unit member is under investigation and subject to interrogation by the City of Miami Police Department for any reason that could lead to disciplinary action, demotion, or dismissal, such interrogation shall be conducted under the following conditions: A. The interrogation shall be conducted at a reasonable hour, preferably while the bargaining unit member is on duty, unless the seriousness of the investigation is of such degree that an immediate action is required. If the bargaining unit member is off duty at the time of the interrogation, the bargaining unit member shall be entitled to overtime. B. If the interrogation is conducted by or for the Department, it shall take place in a Miami Police Department Building. If the interrogation is to be conducted by or for another investigating agency, it shall be conducted at either the investigative agency's office or at a Miami Police Department Building. C. The bargaining unit member shall be informed of the rank, name and command of the officer in charge of the investigation, the interrogating party and all persons present during the interrogation. All questions directed at the bargaining unit member shall be asked by and through one interrogator at any one time. D. The bargaining unit member who is the subject of the complaint shall be informed of the nature of the investigation prior to any interrogation, and given the names of 5� 471 all known complainants. The bargaining unit member shall have the opportunity to review the complaint and any and all written or taped statements from the complainant and witnesses immediately prior to the taking of the bargaining unit k member's formal statement when it is determined that the investigation is strictly for administrative purposes. All sworn statements of substantive witnesses shall be documented with the exception of those of a confidential nature. E. Interrogations shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. F. The bargaining unit member shall not be subjected to abusive or offensive language or threatened with transfer, dismissal or other disciplinary actions. No promise, reward or threat of action shall be made as an inducement to answering any question. G. The complete interrogation including when recesses are taken shall be recorded, and there shall be no unrecorded questions or statements. Upon the request of the bargaining unit member a copy of the recording of the interrogation session will be ' made available to the interrogated officer no later that 72 hours, excluding holidays and weekends following said interrogation. The bargaining unit member must provide a blank tape for copying. Once the transcript of the interrogation session is transcribed, the interrogated officer may request a written transcript of his interrogation upon providing payment for same. H. The bargaining unit member shall not be obligated to give a second statement i concerning the same facts elicited in an original interrogation. This will not } preclude an investigator from asking questions at a later time that were not covered by the first statement. The bargaining unit member's interrogation will take place `3 99- 70 , fig' {` "'�''� �'�,r�`:,�� c � � i 5 t ,�.,* Ya } `� 1 r& t +, 4 4 z��{ ,..� _ .., �. lf34>a.wr, :r .�* rn ,.y ,..�..,,�-..r�W.,�.k+mom-d%r.�.faL:w.aa..'-n-...., ,,. ..,.'d ,�«.,ems. _....,�,.. �._�.. .�.�n�, { ..._ i 01 after all other witness statements taken, unless a situation occurs such as a witness is thought to be permanently unavailable, demonstrated by documented and concerted efforts to locate said witness, the necessity for taking other witness statements becomes apparent after the interrogation of the bargaining unit member who is the subject of the investigation, or a supervisor in the normal course of case review makes a determination that the case must be returned to the investigator for additional witness interviews. Should this occur, the bargaining unit member who is the subject of the interrogation shall have the opportunity to present rebuttal evidence. 1. No mechanical device including, but not limited to, polygraph, psychological stress evaluator, et. al., shall be forced onto a bargaining unit member nor shall disciplinary action be taken against a bargaining unit member who refuses to submit to such testing. However, a bargaining unit member may request such a test. J. If the bargaining unit member is under arrest, or is likely to be arrested as a result of the interrogation, he shall be fully informed of his or her legal rights prior to any interrogation. K. At the request of the bargaining unit member, he or she shall have the right to be represented by counsel or any other representative of his or her choice during the entire interrogation. L. Where an attorney or bargaining unit member representative is requested but cannot be present within one (1) hour of notification, the bargaining unit member shall be required to obtain another bargaining unit member representative or or she may advise the bargaining unit member as to the bargaining unit member's rights under applicable rules, regulations and the current Labor Agreement. M. When bargaining unit member is giving a statement as a witness, and if the 4 investigator becomes aware during that statement that said witness has become a principal of that investigation, the statement will be discontinued and the bargaining unit member will be advised he may be a principal in said investigation. The bargaining unit member will then be given the opportunity to suspend the statement to seek F.O.P. or other legal representation. 8.2 The Department will petition the State of Florida, Division of Archives and Record Management, for a retention schedule for Internal Affairs files. Records retained. by Internal. Affairs shall be destroyed after a period of five (5) years beyond either the bargaining unit member's termination date or retirement date. Article 9 LINE OF DUTY INJURIES 9.1 The City agrees to pay all medical and hospitalization expenses incurred by a bargaining unit member covered by this Agreement who is found to have sustained a compensable line -of -duty injury provided the bargaining unit member and/or supervisor gives notice to Risk Management, or designated managed care provider as provided for by the Workers' Compensation .Laws of the State of Florida. 9.2 The City agrees that any bargaining unit member covered under this contract who is disabled as a result of an accident, injury or illness incurred in the line of duty shall be i he�w#+n�k .. ..... ;ice.. a•�ves..fi,s.!.;aw�ria;atax.�.. period of one hundred and twenty (120) days. Said supplementary salary may be extended up to an additional sixty (60) days for serious injuries upon approval of the City Manager or his/her designee. 9.3 Effective upon ratification of the labor contract bargaining unit members who receive supplemental and worker's compensation pay, shall have a weekly amount of eighty dollars ($80.00) (one hundred and sixty dollars ($160) biweekly) deducted from supplemental salary while on worker's compensation. Should the bargaining unit member receive supplemental and worker's compensation pay for less than a week, the eighty dollars ($80.00) weekly deduction shall be prorated as appropriate for the days the bargaining unit member was on worker's compensation. 9.4 It is agreed by the parties that the receipt of supplemental and worker's compensation pay shall not exceed nor be less than one hundred percent (100%) of the bargaining unit member's weekly net base pay (excluding overtime and any pay supplements not included in the bargaining unit member's base salary) prior to the line of duty injury, accident, or occupational disease. The eighty dollars ($80.00) weekly deduction will be deducted on a priority basis above any other deductions, excluding withholding taxes, FICA, pension or court ordered deductions. To the extent that the bargaining unit member's weekly net base pay., eitherexceeds one hundred percent (100%) or is less than one hundred percent (100%)of the weekly net base pay the difference will be reimbursed following receipt of the supplemental pay not to exceed eighty dollars ($80.00) per week. 9.5 If an accident has been declared compensable by the City and the bargaining unit member files a workers' compensation claim or brings litigation without having first discussed with personnel of the Claims Division of the City of Miami, concerning any 16 99- 70 j I 71 controversy arising out of the declared compensable accident, then the supplementary salary, as provided by Resolution No. 39802, shall cease. 4 9.6 In the event that litigation is filed by a bargaining unit member following his 4 , return to work or retires without having first discussed with personnel of the Claims ? Division of the City of Miami., concerning any controversy arising out of his declared compensable accident, it is agreed between the parties that the previously described supplementary salary shall be recouped from the bargaining unit member's current salary by way of payroll deduction, the extent of subsequent payroll deductions shall not exceed 10% of the gross pay per pay period. If the Claims Division of the City of Miami does not t resolve any controversy arising out of a compensable injury to the satisfaction of the injured bargaining unit member, then the supplementary salary as provided by Resolution 1 No. 39802 shall not be jeopardized if litigation is subsequently filed by the bargaining unit member. 9.7 In the event an bargaining unit member desires the presence of an attorney to discuss a controversy with representatives of the Claims Division of the City of Miami, the -- parties agree that the attorney shall receive a token fee for his presence of Seventy five dollars ($75.00) per hour, not to exceed one hundred and fifty dollars ($150.00). Article 10 { NOTICES 10.1 The City agrees to provide in a timely fashion to the F.O.P. President or designee the following notices or bulletins: City Commission Agenda,` CivilService Board Agenda, Retirement Board Agenda, Affirmative Action Notices, Budget Workshop Materials, or any other material which the City Manager or the Labor Relations Officer determines t17g9- 70 aar'4rt aWw,+i 4s rr saa �. M w s xraas"'s'+ r✓n st a usaus.n s�_,f = nnT_-: r 7 P^s^ O. WyN�(„��f�t n�JI.aun.,e�.� IMI would affect the terms and conditions of employment of the bargaining unit members of. the F.O.P. The F.O.P. President may, within reason, request, other materials which would affect the terms and conditions of employment of the bargaining unit members of the F.O.P., excluding exempt materials under the Public Records Act. 10.2 Such notices and bulletins will be delivered to the F.Q.P., or may be picked up at the Labor Relations Office during normal working hours. The Labor Relations Officer will use the resources of the City to comply with this Article. Article 11 BULLETIN BOARDS 11.1 The City will provide for the sole use of the F.O.P. bulletin boards at the Central Headquarters, 400 NW 2 Ave.; North District Substation, 1000 NW 62 St.; South District Substation, 2200 W Flagler St., and any other mutually agreed upon location. Any notice or item placed on bulletin boards shall bear on its face the legible designation of the person .responsible for placing such notice or item on bulletin boards. Notices placed on a: bulletin boards shall be limited to announcements of F.O.P. meetings, elections, and social or recreational events. Article 12 {"- DEPARTMENT DISCIPLINARY REVIEW BOARD 12.1 It is the purpose of the Departmental Disciplinary Review Board to provide a r method of ascertaining the fairness and consistency of punitive action for infractions of the i .. �t�., f 11}kiX Departmental Rules and Regulations, Departmental Orders and other Departmental Directives. A part of this review process is the Departmental Disciplinary Review Board 18 �-- 70 .#r.- T i. which makes advisory determinations and non -binding recommendations to the Chief of Police on matters of discipline. Departmental actions against a bargaining unit member arising from a claim of fitness for duty or workers' compensation shall not be reviewed by the Departmental Disciplinary Review Board or the Departmental Disciplinary Review Board Chairperson. Any decisions by the Departmental Disciplinary Review Board or any policies established by the Departmental Disciplinary Review Board are not arbitrable under this Collective Bargaining Agreement. The Departmental Disciplinary Review Board does not possess adjudicators or quasi-judicial powers. As such, its hearings are non -adversary in nature; the bargaining unit member appears before the Board voluntarily at his/her request, the bargaining unit member shall be entitled to representation by a bargaining unit member of his/her choice and shall be permitted to examine witnesses, to evidence and testimony, to cross-examine, and to put on a defense. All sworn bargaining unit members, prior to the final determination of a monetary fine, forfeiture of time and/or suspension in excess of two (2) tours of duty, demotion or dismissal shall, upon written request of the accused, if submitted within ten (10) calendar days, be afforded a review of the recommended action by a board composed of five (5) members of the Department, two (2) members selected by the Department Head and three (3) members selected by the bargaining unit member from a standing list. 12.2 Written disciplinary actions that result in loss of time not in excess of two (2) tours of duty may be reviewed by the Chairperson of the Departmental Disciplinary Review Board if the disciplined bargaining unit member requests, a review within ten (10) calendar days of the incident that gave rise to the disciplinary -,action. Upon receipt of the Chairperson's decision., the disciplined bargaining unit member upon appeal within ten (10) calendar days shall be afforded a Departmental Disciplinary Review Board Hearing. 19 99— 70 ,. x s 1T'{,Af fat t 12.3 Since the Departmental Disciplinary Review is at the request of, and for the benefit of, the bargaining unit member, no paid overtime or compensatory time will be given for attendance before the Board; however, a change of work hours shall be scheduled, if possible, so that the bargaining unit member will be working during the hours that the Board is convened. 12.4 It is agreed that the convening of the Departmental Disciplinary Review Board shall be effectuated as expeditiously as possible following the written request of the accused bargaining unit member. Should an accused bargaining unit member facing termination request to continue a hearing or delay its convening, then it is agreed that the bargaining unit member shall waive his emoluments in exchange for the continuance of the hearing. Continuance or delay of the Departmental Disciplinary Review Board upon the bargaining unit member's request shall not exceed 150 calendar days, unless in the sole discretion of management a further continuance of the Department Disciplinary Review Board would be approved. 12.5 Administrative actions taken that result in the bargaining unit member being carried "W" or "WW" shall not be subject to the review of the Department Disciplinary Review Board. Article 13 RECALL AND COURT TIME 13.1 If a bargaining unit member is recalled to work or required to attend court or other proceeding arising out of the course of his official duties at a time other than his scheduled work shift, he shall be paid a minimum of three (3) hours at one and one-half times his/her straight time hourly rate or an equivalent amount of scheduled compensatory time off. 13.2 A bargaining unit member performing work or required to attend court or any other proceeding arising out of the course of his official duties at a time which is continuous with his scheduled work shift shall be paid at his/her overtime rate consistent with Article 15, Overtime/Compensatory Time, and the minimum three (3) hours Recall shall not apply. M 13.3 A bargaining unit member eligible for overtime attending court or other proceedings arising out of the course of their official duties one (1) hour or less before the start of their scheduled tour of duty shall receive one (1) hour of overtime. 13.4 A bargaining unit member eligible for overtime for attending court or other ` 3,r. ...rr. .rr ...-r.,. .. .. � .�\ .fY .. .... ....- , r.-♦,.. ... i., .r. ... .. r-. a-.� f. ..r4. ...r.0 ..r .... .. ... ... .. I Y Article 14 t TRANSFERS 14.1 It shall be the sole right of the Chief of Police to transfer bargaining unit members between any subsection of the organization as the exigency of the situation dictates 5 provided, however, transfers cannot be made for punitive reasons. Bargaining unit members shall be notified six (6) calendar days prior to the transfer, except where the nature of a particular situation requires an immediate but temporary reassignment or when returning to work on a limited/light duty status and the bargaining unit member's physical limitations preclude the bargaining unit member from being assigned to their previous assignment. C 14.2 For the purposes of this Agreement, a transfer means a change for more than five V G (5) consecutive working days of a work assignment, a change in hours, or a change in days F off. Specifically excluded from the six (6) day notification period are temporary changes of 4 hours or days off necessitated by special events, civil disturbances, acts of God, and other emergency situations. The six (6) days' notice shall be waived upon consent of the bargaining unit member. Article 15 OVERTIME/COMPENSATORY TIME 15.1 Bargaining unit members shall be paid one and one half: (1 %) times their regular rate of pay for all work performed in excess of a bargaining unit member's normal. work 22 go s '�z .� i7. E x �x . .. x .x w s.1.1 :. i`4.x+e4.rv...n.w ..a ... !.. -f ..-.. t. . , ..... M. �..k n�n✓1 �.�� �Y: "'*u' 'St . .. .. ,1+ day or in excess of a bargaining unit member's normal work week, and shall be considered overtime work. 15.2 Bargaining unit members performing compensable overtime wort{ shall, at their discretion, be paid time and one-half (1'/z) at their straight time hourly rate of pay or shall be given compensatory time at the rate of time and one-half for such work. This overtime rate shall be all inclusive and no additional. compensation in the form of additional holiday pay, etc., shall be paid. 15.3 The parties agree that the daily overtime requirements as set forth in this contract shall not apply in any future F°LSA litigation concerning a matter for which daily overtime is not currently paid or for off -duty maintenance of any take home equipment used in the scope of employment. Practices instituted by management are not subject to the foregoing sentence. 15.4 The maximum accumulation of compensatory time hours is two hundred (200) hours. Any hours in excess of two hundred (200) will be=paid out at current hourly rate. When a bargaining unit member takes compensatory time off, the hours in his bank shall be appropriately reduced by such time off. If a bargaining unit member leaves the service of the City and cashes in his bank, the hours therein shall be valuated on the basis of the rate of pay earned by the employee during the last pay period. 15.5 In the event a state of emergency is declared due to an act of God, and the City Manager grants emergency leave, such leave shall' n6tw-',b6l, included in determining eligibility for overtime. The bargaining unit member utilizing such leave shall be paid straight time for those hours worked in excess of their, normal work day or in excess of their normal work week equal to the number of hours taken as emergency leave, before overtime shall apply. 23 9 9 70 m 3 z„tCMI �ktrx �s 15.6 The parties agree that overtime hours shall not be used in the computation of arriving at average earnings for purposes of establishing pension benefits. 15.7 The parties agree that assignments of overtime work shall rest solely with the Chief of Police. 15.8 The parties agree that the assignment of overtime work is on an involuntary basis and any bargaining unit member refusing assignment of such work is subject to disciplinary action as deemed appropriate by the Chief of Police. Article 16 4-10WORK SCHEDULE 16.1 Those operations currently working a four (4) day, ten (10) hour work schedule will continue through the life of this Agreement. Bargaining unit members working in the following units will, effective upon ratification of this agreement, be placed on a 4-10 Work Schedule: A. Court Liaison C. Property E. Planning and Research G. Special Events 1. CATE Officers B. Training D. Alarms F. Community Affairs H. NRO's J. Inspections K. VIP/Forfeiture Bargaining unit members at the rank of Captain will not be entitled to work a 4-10 Work Schedule. 16.2 Should the Chief of Police determine the 4-10 Work Schedule in its entirety or in part is detrimental to the efficient operation of the Department, he may discontinue all or 24 _.� -,a,:x;,,�n .;.r-rt�->�✓:�,�'�.r a?°�`.�.�:a;�s �?srza�«'�`.�t�ica'tt"�` ,<,c;,'ve'r ,.t _. 99- __ —. "t'"'}C^�'kt'F.+.. Wiw ��4t.. � ... .::.. � . • � ._ ;:�- ., �..1,.!np.� ,R �.xa+(+.it'Ri4N�+d�.''1�.�W"A'�V#?!p�{q f. n . +..ia 1• A r. ... «..e`«r �w .<.W Yb+ zkeeni`j::3.,.. � � .... ,. I that portion of the 4-10 Work Schedule deemed to be inefficient after reviewing his reasons with the President of the Fraternal Order of Police, Lodge No. 20. Should there be `9 a disagreement as to the discontinuance of the 4-10 Work Schedule, the F.O.P. may grieve r according to the provisions of Article G, Grievance Procedure. Discontinuance of the 4-10 Work Schedule may not occur unless the parties agree or an Arbitrator so rules. Nothing shall preclude Management from implementing a 4-10 Work Schedule in those divisions deemed necessary by the chief on a temporary or emergency basis not to exceed thirty (30) working days. Such temporary or emergency 4-10 Work Schedule shall not preclude Management ending such assignments when Management determines the 4-10 Work Schedule is no longer necessary. Article 17 STANDBY 17.1 Standby assignments issued by the City of Miami Police Department for reasons other than assignments connected with a court appearance shall be compensated at the rate of time and one-half of the bargaining unit member's normal rate of pay with a minimum of three (3) hours. Standby is defined as receiving instructions from authorized personnel to remain at a specific location for a stated period of time. Article 18 WAGES 18.1 The City agrees to increase the current wage rates in accordancewith the following schedule. The increases will be effective on the first day of the first' full pay period following the dates indicated. 25 99-- 70 October 1, 1999 2% October 1, 2000 2% September 1, 2001 2% 18.2 All new hires in the classification of Police Officer will be paid twelve and one half percent (121/2%) per month less than Step 1 of the salary range of the classification of Police Officer until they have satisfactorily completed six (6) months of the probationary period. Thereafter, bargaining unit members in the classification of Police Officer shall be eligible for step increases in the same manner prescribed for bargaining unit members in other bargaining unit classifications. Bargaining unit members hired directly as certified Police Officers without prior law enforcement experience or sworn employee's hired from other police agencies as sworn City of Miami Police Officers and without being required to attend the academy shall be placed at Step 1 of the salary range of the classification of Police Officer and shall serve a twelve (12) month probationary period. 18.3 In lieu of an across-the-board pay raise for, fiscal year 1993-94 and continuing thereafter, bargaining unit members shall upon retirement (all kinds, including vesting), receive a retroactive salary increase of five percent (5%) for the bargaining unit member's last or highest one (1) year's salary. The five percent (5%) salary increase shall be reflected in the hourly pay rate for the purpose of calculating leave balance payoffs. The five percent (5%) salary increase shall not be applicable to overtime. 18.4 Any City of Miami employee, unless a former police bargaining, unit member as specified in 18.6, that transfers or is hired as a police officer into the Police Department as a uniformed bargaining unit member shall be placed at the police recruit wage rate as 26 70 /r,..+`HM1rxiF n �n+ -.e t. Mf .w+l �, '� �ii-HKeF/�T"n.��tttA��R14t�JT W� F�i'M�i� F f" Y x�•! t ra3NS? . _ . _.. ! _ � .. , ,fir a.,vu-.+s, c�,s'�,`*p'.krty:�• �� . ,..� C•t,}�r.a.�a 9?-� Y <-....:i'a yams w o%b.-n:' . k'.3i l.i?;4.w, ,_,,.�,.. ... ., r.. i'� .... specified. above in. Section 18.2 and shall serve a frill probationary period of eighteen (18) months. 18.5 Former police bargaining unit members who left the employ of the Police Department under honorable conditions and who have been approved by the Police Chief shall be placed on a reemployment list, provided the former police officer is a State certified police officer. The reemployment list shall be considered separate from the eligibility list for new hires. Those on the rehire list may be hired by the Police Chief as openings occur without regard to the eligibility list for new hires. In addition the following shall apply: A. Eligibility shall be limited to three (3) years following the effective date of resignation. B. Under conditions set forth above, any former permanent police bargaining unit members having one (1) to four (4) years, and eleven (11) months of previous continuous service as a police bargaining unit member will be placed at Step 1 of Salary Range 24 of the police officer classification. Former B. Bomb Squad C. Communications Sergeant D. S.W.A.T. E. Field Training Officers F. NET Lieutenants G. Effective upon ratification of the labor agreement, "Senior Uniform Patrol Officers" as defined herein. I. Qualifications a) Not less than fifteen (15) consecutive years of service as a sworn police officer in the department. b) Currently and no less than previous four (4) 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. 2. Under the below listed circumstances, bargaining unit members receiving "Senior Uniform Patrol Officers" 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" pay shall be the responsibility of the bargaining unit member and shall be made via 99- 70 28 t red line memorandum submitted through channels to the chairperson of the "Senior Uniform Patrol Officer" committee. 4. "Senior Uniform Patrol Officer" pay committee. a) Effective upon ratification of the labor agreement a "Senior Uniform Patrol Officer" pay committee shall be established. Said committee shall be comprised of one F.O.P. representative, one Department representative, and one representative chosen. by the first two (2) members. The committee's function will be to review applications for recommendations of approval or denial to the Chief of Police for final approval. The committee shall also review appeals and disputes arising out of the granting or forfeiting "Senior Uniform Patrol Officer" pay. The committee shall establish it's own rules and procedures. 18.7 All active sworn bargaining unit members shall receive Crime Prevention pay in the amount of seventy six dollars and eighty cents ($76.84) biweekly. Crime Prevention pay shall be subject to pension deductions and applicable federal taxes and shall be included in calculating a bargaining unit member's average earnings for pension purposes. All hours of leave of absence without pay shall be deducted from the Crime Prevention payment on the basis of ninety six cents ($.96) per hour. 18.8 Any bargaining unit member;' upon normal retirement from City service, or separating under honorable conditions, who has served for a period of twenty-five (25) years or more, shall be granted, at the time of his/her normal retirement or honorable separation one hundred seventy-three and three tenths (173.3) hours of pay. 29 9 9 - 70 x fi•� l� x4�,: *rkiYBv'� 'f:4§Z ¢ i > +r ��'!�•-4F'et1y R t 4 r k "'t ` t,p�v S� 1 l 4�-iwy7'r:,.��y>� '1 i'i'}t=ak, ' 'i`i� w_ _l, _.,I 1 . . _. :,.,,,..:x„ii:44iTk�sl>:�iw1h'w"vatdF i;.,,,`M,�..,,,. '^......-.�w�3<..c;#kleC�.`-t. i.`rwd3�C,:3ir.. 18.9 Any pay supplements received shall be calculated on the bargaining unit member's base rate of pay. Pay supplements shall not be included in bargaining unit member's base rate of pay for purposes of pay off of Sick Leave or Natation upon separation or retirement from the City, but shall be included in calculating a bargaining unit member's average earnings for pension purposes. Should a bargaining unit member cease to be eligible for a pay supplement yet the bargaining unit member continues to receive the pay supplement, said pay supplement shall be recovered by the City through biweekly pay deductions from the bargaining unit member's paycheck. Such biweekly deductions will be deducted at the same rate or amount as the bargaining unit member was overpaid. If the bargaining unit member ceases to be an employee of the City, any balance due will, be deducted from any monies due the bargaining unit member, including retirement benefits. 18.10 Shift differential shall be paid for assigned work between the hours of 6:00 p.m. -and 7:00 a.m. according to the following schedule: Police Officer - $.40 per hour Sergeant - $.50 per hour Lieutenant - $.60 per hour Captain - $.60 per hour A bargaining unit member that works less than four (4) hours during the established shift differential time period (6:00 p.m. to 7:00 a.m.) will not be entitled to shift differential pay. It is expressly understood by the parties that shift differential shall not apply to pay for time not worked. It is agreed that night shift differential shall not be used in calculating a bargaining unit member's average earnings for pension purposes. 30 99 - '70 f. ._ _ 177777777777777777 A...,e7Q 7 77TiFi:°�°�'f•7n' 3w� I 18.11 Bargaining unit members shall become eligible for a ten (10) year longevity increase based on their most recent date of hire as Police Officers. Leaves of absence without pay or suspensions of any duration shall cause the effective date of the longevity increase to be deferred by the same number of calendar days embraced by said leave. 18.12 Bargaining unit members shall become eligible for a five percent (5%) one step longevity increase for fifteen (15), and twenty (20) years and a two and one half percent (2.5%) half step longevity increase at sixteen (16), and twenty one (21) years of service based on their most recent date of hire as a classified City of Miami employee; provided, however, employees shall not receive a longevity increase within twelve (12) months of receipt of a previous longevity increase or while in probationary status. City service time as a part-time or temporary employee, including Public Service Aide or like classification employment, shall not be included for purposes of determining eligibility for fifteen (15), sixteen (16), twenty (20), and twenty one (21) year longevity increases. 18.13 All changes in salary for reasons of promotion, demotion, merit increase, longevity increase or anniversary increase, shall be effective the first day of the payroll following the effective date of the change. 18.14 Leaves of absence without pay, or suspensions of any duration, shall cause the effective date of the longevity increase to be deferred by the same number of calendar days embraced by said leave. 18.15 As part and in consideration of benefits provided in this Agreement to the F.O.P. and the F.O.P.'s good faith effort to cooperate with the City to increase the efficiency of the City, the City hereby makes a good faith representation to the F.O.P. that'it will be able to fund this Agreement. 31 99- 70 fund any year of this Agreement. The only exception to this waiver is in the case of a "true fiscal emergency," which is unanticipated at this time. In order for the City to establish a "true fiscal emergency" so as to lawfully not fund any year or years of this Agreement, the City must demonstrate that there is no other reasonable alternative means of appropriating monies to fund the Agreement for that year or years. Notwithstanding any other article of this Collective Bargaining Agreement, the City hereby specifically agrees that any disputes concerning the application or interpretation of the funding of the contract will be resolved through the grievance arbitration procedure of this Agreement. If an arbitrator determines that the City has breached its funding requirements under this Agreement, the parties jointly confer upon the arbitrator jurisdiction to order the City to appropriate the necessary monies to 'fund the Agreement. This also applies to any enforcement proceeding under Chapter 682, Florida Statutes. This article applies to any status quo period following the expiration of this contract. Article 19 TONAL AGREEMENT 19.1 The parties agree that this Collective Bargaining Agreement represents the total agreement for terms and conditions of employment during the life of this contract and no request shall be made to increase other bargaining unit member benefits through the Civil 32 99- 7® { -�%t SA� t �fnF'1 113,1C hk'�'�`�+' _ �.�'r�'^.:� :t�'w'�' ... n2:,�,�k `.mil'[ �. .. ➢ii�.�w-.,.`mscP','Y 2.1 .,t-�r. a',�3 .Pr:11v �.-��-a. a ., _.. Service Board, the Mayor, or the City Commission during the life of this Collective Bargaining Contract. 19.2 Such Agreement precludes the initiation either directly or indirectly of any municipal legislation which would result in the alteration or cost increase of the benefits agreed to in this Collective Bargaining Agreement or to increase the cost of other bargaining unit member benefits not specifically provided for in. this Collective Bargaining Agreement. Article 20 HOLIDAYS 20.1 The following days shall be considered holidays: New Year's Day Columbus Day President's Birthday Veterans' Day Memorial Day Thanksgiving Day Independence Day Day after Thanksgiving Labor Day Christmas Day Dr. Martin Luther King's Birthday 33 9 9 -- 70 'pei�'FnP `x+1i's4'Aa4'�4�'FlltgSmSG r; 20.4 All conditions and qualifications outlined in Article 15, titled "Overtime/Compensatory Time," shall apply to this Article. :Flours of earned time accumulated under this Article, when added to the compensatory time earned under the Article titled "Overtime/Compensatory Time," shall not exceed two hundred (200). Those bargaining unit members who are assigned to administrative positions shall observe holidays on the same dates as the civilian employees of the City. Article 21 EARNED PERSONAL LEAVE (FLOATING HOLIDAY) 21.1 Upon ratification of this Agreement, it is agreed that sworn bargaining unit members who have six (6) consecutive months or more of satisfactory sworn service shall be entitled to fourteen (14) hours earned personal leave time off each calendar year. The earned personal leave may not be taken in less than one hour increments. The earned personal leave hours shall be mutually agreed upon by the bargaining unit member and his/her section commander consistent with the needs of the Police Department. The earned personal leave hours off shall not be accrued; they must be used by the bargaining unit member during for the calendar year or be forfeited. The earned personal leave hours off are not subject to being converted to cash during the bargaining unit member's employment or as severance pay,, upon the bargaining unit member terminating his/her employment with the City. There shall be no liability to pay any overtime under this krticle. 34 99- '70 Article 22 UNIFORM/CLOTHING ALLOWANCE 22.1 Upon ratification of the labor agreement bargaining unit members shall receive a uniform allotment of four (4) uniform trousers/skirts, six (6) uniform shirts, and one (1) uniform hat for their first three (3) years, and one allotment of shoes, leather, and web gear for the first. year. Thereafter, every other year, they shall receive a choice of four (4) uniform trousers/skirts, six (6) uniform shirts, and one (1) uniform hat or two (2) uniform trousers/skirts, two (2) uniform shirts, and one hundred and five dollars ($105) of leather and accessories. In the selection of leather accessories and/or uniforms, the bargaining unit member will not be entitled to a credit or refund should such selection not equal the dollar amount specified above. 22.2 All sworn bargaining unit members, depending on assignment or exhibited need, shall be furnished one (1) set of coveralls, one (1) set of rainwear, one (1) helmet, and one (1) winter jacket, which shall be replaced as needed. 22.3 On a. year when a bargaining unit member is not entitled to any uniform allotment, he/she may request up to four (4) uniform trousers/skirts, six (6) uniform shirts, and one (1) uniform hat for replacement of damaged uniform, however, such replacement shall require the requesting party to turn in the uniform he/she is requesting to be replaced. 35 99-- 70 ;v 22.5 Bargaining unit members covered by this Agreement who purchase an approved bulletproof vest will be reimbursed as outlined in this Article subject to the following: A. The bargaining unit members must produce his or her individual fitted bulletproof vest and the receipt of purchase in the officer's name for said vest. B. The Chief of Police will appoint a person to inspect and approve previously purchased bulletproof vests. If in the opinion of the appointed person the vest should be replaced, the purchaser will be reimbursed the amount indicated in section 23.4 when the bargaining unit member elects to buy a new vest from the approved list, consistent with the requirements of Paragraph A. C. Bargaining unit members with less than five (5) years of service at the time of separation shall return the vests to the City or bargaining unit Y members continuing their law enforcement career with another agency may be allowed to the purchase the vest at fifty percent (50%) of cost. Upon separation of employment from the City under honorable j conditions, a bargaining unit member with five (5) years of service may retain his vest by making payment of fifty ($50) dollars to the City. Similarly, a bargaining unit member who separates his/her employment under honorable conditions with ten (10) years of service shall be awarded his vest upon request. 22.6 Bargaining unit members shall reimburse the City for the repair or current replacement cost of lost, stolen, or damaged City equipment when the bargaining unit member's careless and/or negligent act(s) resulted in the loss, theft, or damage. Provided, 36 9t� 70 n.�:.�.,.,;�,-� ,, r s:r� ,.R;.•.M a,e•:; rmyk.�j'R'?,'.'�*7`�� .v.; v+.�-,�i:"'^yv_'t.�.!!is*?�akF.w+t6#>.tll?ka;.�vst�r. ,.ra. a .,.... however, that current department policy shall apply when the equipment at issue is a city vehicle. In any grievance of an action taken under this Section, the City shall bear the burden of proof. 22.7 Bargaining unit members assigned to investigative and/or tactical units that, due to the nature, of their job function, cannot wear a uniform, shall be entitled to a clothing allowance. Bargaining unit members assigned to administrative or non -operational assignments in which the department provides a uniform or alternative clothing shall not be entitled to a clothing allowance. 22.8 Bargaining unit members authorized to receive a clothing allowance shall receive a clothing allowance of fifty five ($55) per month. Bargaining unit members who are absent without pay, using time from the F.O.P. time pool, on military leave, and on disability leave, shall receive prorated payments. Authorized bargaining unit members not receiving a clothing allowance for any of the above reasons shall begin to receive the allowance on the date of return to regular duty. Bargaining unit members temporarily transferred to a position normally receiving a clothing allowance shall not receive the allowance unless their transfers exceed thirty (30) consecutive working days. Bargaining unit members authorized to receive a. clothing 9 9 - 70 37 1 �? Article 23 PREVAILING BENEFITS 23.1 All job benefits in effect at the time of the execution of this Agreement heretofore authorized by the City Manager or benefits provided for by ordinance of the City Commission, not specifically provided for or abridged by this Agreement, shall remain in full force and effect for the duration of this Agreement. 23.2 The City and the F.O.P. will meet at the request of either party to negotiate any proposed changes in those rights and benefits not specifically covered by this Agreement, provided however no changes shall be made except where a waiver exists or where the change is negotiated in accordance with Chapter 447, Florida Statutes. Article 24 GROUPINSURANCE 24.1 The City agrees to pay six dollars and ninety two cents ($6.92) per pay period toward the cost of life insurance and accidental death and dismemberment coverage as currently enjoyed by bargaining unit members. FOP Health Trust for the difference bringing the FOP Health Trust up to the two million 38 - �; 4 e 7 r r.,x.:� ,x.. �s,� � {� r ... _.3h��, ,. ,.�tn,:s.. �9��"61'.a, � �, .'x '�' ..'��. �^�S •1 •j'C'i ?, .., Ftrz�r 1 � k h .�,: d� {4 }^,4�. 1 three —hundred fifty thousand dollar ($2,350,000) level. Should a reimbursement be necessary, the City shall pay the difference to the FOP Health Trust by December 1 of the specified Fiscal Year. 24.4 For Fiscal Years 1998-99, 1999-2000 and 2000-2001, any claims older than three and one-half (3 1/2) months shall not be charged as a debit to bring the total of the fund below the two million three hundred fifty thousand dollar ($2,350,000) level. Delays in submitting claims caused by the review process and the ordinary course of processing claims shall not be subject to the three and. one-half (3 1/2) month period. 24.5 The benefit levels of the FOP Health Trust shall not be changed if such changes would result in increased liability to the City in maintaining the two million three hundred fifty thousand dollar ($2,350,000) level. 24.6 The F.O.P. shall maintain its own group health, life and accidental death and dismemberment insurance plan. All current, future, and retired sworn police bargaining unit members shall be eligible to participate in the F.O.P. 's'plan, but shall forfeit the right to participate in the City's plan. 24.7 Upon request, the F.O.P. and its insurance plan administrator shall permit the City to review any records related to the F.O.P. 's health insurance plan. 24.8 The F.O.P. 's plan shall provide health insurance benefits that are reasonably comparable to those provided by the City's plan. 24.9 The F.O.P. shall indemnify and hold the City harmless against any claim, demand, suit, or liability and for all legal costs arising in relation to the implementation or administration of the F.O.P. 's health insurance plan. 24.10 The City reserves the exclusive right to set and amend rates charged to sworn police bargaining unit members who participate in the City's plan. 39 99 - 70 �� .. ... .. r`'Ixle..:r'.l ? .... � �..!?.r....cr•..+s^?�.ds.t^iw.,z..i�.i . :a�. , rw.. .. r7� F 24.11 The F.O.P. agrees to enroll sworn management personnel in its plan if those individuals elect such coverage. 24.12 In the event the City is required to take back retirees into its City Health Plan, the parties herein will promptly meet and negotiate the following issues: A. Continuation of the FOP Health Trust., if any. B. Placing the active and retired police employees in the City's plan or a City sponsored HMO should one exist. C. Dispersal of plan assets, if any, after all claims are paid. D. And other such insurance issues as may arise. Article 25 f- PROVISIONS IN CONFLICT WITH LAW C 25.1 If this Agreement or any provision, section, subsection, sentence, clause, phrase, or word of this Agreement is in conflict with any law as finally determined by a court of competent jurisdiction which had presented to it the issue of conflict as it may pertain to this Agreement, that portion of the Agreement in conflict with said law or ordinance or resolution or court interpretation of the- law shall be null and void and subject to renegotiation, but the remainder'of the Agreement shall remain in full force and effect with it being presumed that the intent of the parties herein was to enter into the Agreement without such invalid portion portions. 25.2 Notwithstanding any other provisions of this Agreement, the employer may take all actions necessary to comply with the Americans with Disabilities Act. Article 26 F.U.P. TIME POOL. A F.O.P. time pool is hereby authorized subject to the following: 26.1 The City agrees to establish a time pool bank of six thousand (6,000) hours per fiscal year to be used in accordance with the provisions of this Article. All unused hours will be carried over to the following fiscal year. 26.2 For each bargaining unit member, except the F.O.P. President, who is authorized to use time from the time pool, the President shall fill out the appropriate form as provided by the City. This form shall be processed through channels of the bargaining unit member who is to use the pool time. The form must be processed so that a copy shall be in the Office of the Chief of. Police a minimum of seven (7) calendar days prior to the time the bargaining unit member has been authorized to use the pool time. It is understood. on rare occasions the seven (7) day time limit may not be met. The President shall then forward a detailed explanation to the Chief of; Police as to why the seven (7) day rule wasn't met. Failure to file this properly completed pool time usage form within seven (7) days or failure to file an explanation with the Chief of Police as to why the seven (7) day time limit wasn't met, shall result in the bargaining unit member not being paid for all such time requested. 26.3 Bargaining unit members shall be released from duty on pool time only if the needs of the service permit, but such release shall not be unreasonably denied. If because of the needs of the service a bargaining unit member cannot be released at the time desired, the F.O.P. may request an alternate bargaining unit member. be released from duty during the desired time. 41 99 - 70 �. Y ONIR _ C�41''771'� 1'Sy�, t f+, 26.4 F.O.P. Time Pool hours will be used on an hour for hour basis, regardless of the hourly rate of the bargaining unit member using Time Pool time. In reporting a bargaining unit member's absence as a result of utilizing the Organization Time Pool, the daily attendance record shall reflect: "Officer Doe on FOP" (F.O.P. Time Pool) 26.5 Any injury received or any accident incurred by a bargaining unit member whose time is being paid for by the F.O.P. Time Pool, or while engaged in activities paid for by the F.O.P. Time Pool, except the F.O.P. President and the designee when on full-time release shall not be considered a line -of -duty injury, nor shall such injury or accident be considered to have been incurred in the course and scope of his/her employment by the City within the meaning of Chapter 440, Florida Statutes as amended, except for injuries sustained in Miami -Dade, Broward or Monroe Counties while in the course of attempting to halt a felony in progress or apprehending a fleeing felon. 26.6 Upon written request through channels the F.O.P. President and a designee will be released for the term of this Agreement from his or her regularly assigned duties for the City of Miami Police Department. The terms of this Agreement for such release are only to be implemented if the following qualifications are met by the F.O.P.: A. The Lodge President and the designee will 'reasonably be available at the F.O.P. office currently located at 710 SW 12th Avenue, Miami, Florida, 33135, for consultation with, the Management of the City. B. The F.O.P. President shall be the only Bargaining Unit representative released to appear before City Boards or Commission. Release for appearances before City ° Boards shall be on "F.O.P." time and release for appearances before the City Commission shall be designated as `„ Administrative Leave (AL). In the absence of the President, the President's designee may represent the F.O.P.; however, the designee must comply with Section 26.2 of this Article. C. The Time Pool will be charged for all hours during which the F.O.P. President and the designee are on off -duty release except that absence due to use of vacation leave, earned personal leave, sick leave, holidays, or compensatory leave will be charged to the President and designee's leave accounts. 26.7 All applicable rules, regulations and orders shall apply to any bargaining unit member on time pool release. Violations of the above -mentioned rules, regulations and orders shall subject the bargaining unit member on pool time to the regular disciplinary processes currently provided for in the Miami Police Department. 26.8 The City reserves the right to rescind the provisions of this Article in the event any portion of the Article is found to be illegal. Canceling the Article shall not preclude further negotiations of future employee pool time. 26.9 Each bargaining unit member covered by, this Agreement may voluntarily contribute compensatory time and/or vacation time to the Time Pool in four (4)-hour increments. 26.19 Each bargaining unit member who wishes to donate time will use a time pool donation form which will be provided by the City. This form shall include language releasing the City from any and all liability to pay for compensatorT time or vacation time contributed by the bargaining unit member to the Time Pool. 26.11 Members of the bargaining unit who are elected executive officials of the Fraternal Order of Police shall be permitted to attend one meeting each month of the Fraternal 43 99 - 70 77 7777777 Order of Police without loss of pay subject to prior knowledge and approval of the Chief of Police. Pay for elective officials who are on duty shall be charged against the F.O.P. Time Pool. The monthly meetings shall be limited to two (2) hours and shall involve no more than eleven (11) executive officials. Article 27 DISCRIMINATION 27.1 No bargaining unit member covered by this Agreement will be discriminated against because of race, creed, national origin, sex or organization membership. All references in this Agreement to bargaining unit members of the male gender are used for convenience only and shall be construed to include both male and female bargaining unit members. 27.2 Any bargaining unit member as a condition of relying upon this contractual provision in a grievance proceeding expressly and knowingly waives any further statutory or constitutional right to sue based upon a similar claim. Article 28 DEATH IN FAMILY 28.1 Any bargaining unit member covered by this Agreement may`in.the case of death in the immediate family, be authorized up to a maximum of forty (40) hours of paid leave. Said paid leave time shall be taken consecutively by the bargaining unit member. The immediate family is defined as father, mother, sister, brother, husband, wife, children, father-in-law, mother-in-law, grandparents, spouse's grandparents, stepfather and/or stepmother. Within thirty (30) calendar days from the date the employee returns from a 44 i:"v.:r�...u:,.;.,74rGlf'k�,�+r?)`.eWc`'1 993 70 death in the family, the bargaining unit member will file a copy of the death certificate of the deceased family member. Said death certificate will be attached to the form provided by the City and submitted to the Department of Human Resources. Failure to produce the death certificate will result in the bargaining unit member reimbursing the City for any paid leave taken under this Article. Any employee found to have falsified his application for a "K" day will be disciplined up to and including dismissal. 28.2 It is understood that under certain circumstances the bargaining unit member will be unable to obtain a death certificate. In this event, in lieu of a death certificate, the bargaining unit member shall submit a newspaper account showing the death and the relationship of the deceased to the bargaining unit member and/or other appropriate criteria as deemed appropriate by the Office of Labor Relations. Article 29 30.2 Bargaining unit members may take FMLA leave of absence without pay not to exceed ninety (90) days in a 12 month rolling period for the Birth or adoption of a child, to care for an immediate family member with a serious health condition, or the bargaining 4 unit member's own serious health condition. 30.3 Upon approval of the Department Director, and the City Manager or his/her designee, a leave of absence without pay may be granted., for the purpose of entering upon } a course of training or study calculated to improve the quality of the bargaining unit member's service to the City through course work directly related to the bargaining unit. { member's job, for a period not to exceed six (6) months. The request for a leave of absence without pay may be extended for an additional six (6) months upon the approval of the Department Director and approval of the City Manager or his/her designee. i Any bargaining unit member requesting said leave of absence without pay shall be r required to submit evidence of registration upon entering each quarter/semester of school. 1 30.4 Upon approval of the Department Director, and the City Manager or his/her . designee, a leave of absence without pay may be granted, for a good reason, for a period =f not to exceed ninety (90) days. Approval for said leave of absence without pay is at the r sole discretion of the City Manager or his/her designee and shall not be appealable to the . Civil Service Board or the grievance procedure. 30.5 Bargaining unit members who desire to take a leave of absence without pay for any reason specified in this Article (excluding serious health condition) must exhaust all vacation, and earned personal leave banks, prior to taking a leave without pay. A request for leave without pay for a serious health condition as provided under the Family and 1 Medical Leave Act shall require the bargaining unit employee to use all sick, vacation and i earned personal leave prior to taking leave without pay46 f rf r 30.6 Bargaining unit members who take a leave of absence without pay for any reasons specified in this Article shall not accrue seniority or leave time At the exprration If a leave of absence without pay, the bargaining unit member shall be returned to the Position vacated when said leave of absence without pay was granted unless otherw ise h' ' pro rbited by physical limitations. Leave of absence without pay during the '. d quire probationary period of service shall extend the probationary period the length of time used during the said leave of absence without pay. 30.7 The acceptance of another position or engaging in other emplo me t b .7 n y the bargaining unit member while on a leave of absence without pay shall be deemed a voluntary resignation from the service of the City of Miami. Article 31 70 fir�++ 4u.YUs, S�y(�tt J kM1fjy�y t L"�.,-\ ,'� i 16 20 years ------------------------ 160 hours 20 25 years-------------------------180 hours 25 -- and over -------------------------- 200 hours Bargaining unit members who have twenty nine (29) years or more of service as of January 1, 1999 shall continue to accrue by an additional four (4) hours per year. Effective January l., 1999 bargaining unit members shall no longer be credited with anniversary vacation. 31.3 Vacations shall be taken by the last payroll period of the calendar year in which the vacation was credited. Bargaining unit members shall only be allowed to carryover two hundred (200) hours of the previous year's credited vacation. Any excess vacation over the two hundred (200) hour automatic carryover shall be forfeited as of the last payroll period of the calendar year in which the vacation was credited. Bargaining unit members who were on disability at the time of their scheduled vacation shall be paid for all excess vacation over two hundred (200) hours at the rate of pay the bargaining unit member was earning at the time the bargaining unit member was placed on disability. If i a bargaining unit member is unable to take a previously authorized vacation due to cancellation by his/her Department, any hours in excess of the two hundred (200) hours which would have been forfeited shall be paid for at the employee's January 1, hourly rate of a and an reasonable documented pay, y expenses incurred due to the cancellation will be F reimbursed to the bargaining unit member. 31.4 A bargaining unit member's annual vacation accrual shall be reduced for leaves `t of absence without pay and suspensions. The bargaining unit member's annualvacation accrual shall be reduced on a yearly basis in accordance with the following schedule: ` 1 Hours Without Pay Penalty ; .z.,. 88 - 176 Hours 1 month annual vacation accrual ,. 48 P I Y f 99- 72��. 70 w 177 - 349 Hours 2 months annual vacation accrual x 350 - 522 Hours 3 months annual vacation accrual - 523 - 695 Hours 4 months annual vacation accrual 696 - 868 Hours 5 monthsannual vacation accrual ul 869 - 1041 Hours 6 montlis annual vacation accrual 4 1042 - 1214 HOLll'S 7 month,,; annual vacation accrual 1215 - 1387 Hours 8 montlis annual vacation accrual trh 1388 - 1560 Hours 9 months annual vacation accrual r 1561 - 1733 Hours 10 months annual vacation accrual 1734 - 1906 Hours I I months annual vacation accrual -s 1907 - 2080 Hours 12 months annual vacation accrual 31.5 Vacation leave must be requested twenty-four (24) hours in advance of use and shall be taken in increments of not less than one (1) hour. Vacation leave may be granted by the Police Chief or designee on an emergency basis. Upon separation of the bargaining unit member from City service the bargaining unit member shall be paid for all earned vacation at the bargaining unit members hourly rate. Article 32 BLOOD DONORS 32.1 Bargaining unit members covered by this Agreement who volunteer as blood donors to contribute to City approved Blood Donor Organizations will be authorized the absence necessary to accomplish this purpose. The Blood Donor Organization's personnel will determine what amount of time the donor will need from the point of donation till they are released to go back to work. + ( `L Ne-v kK;rx,>,�'.,.. x<K+..,tr,�s•v,. Via.,+,wr�,�., .,.u,;. <a�a�6a:�,�r.,r..,.t,.�:�a�. �.. ,.1:� c�..' r .... ��.. .�;�"� �. ,Sf'�.r�.� �F ��,��. �.u„�". ,.. ,.,._,.,,-,vr...ron.,.�g.Ya:4�.f�i.�y�i'.;;u�.� fir# r' of trivial indisposition's must-, be discouraged To determine the extent or reasons for a bargaining unit member's absence on sick leave, the bargaining unit member's immediate supervisor or management designee may visit the home of the bargaining unit member on sick leave with pay. In cases where Management suspects that a bargaining unit member is malingering, sick leave with pay shall not be granted. 33.2 Permanent bargaining unit members may be allowed to accrue up to eight (8) hours sick leave per month, to be utilized in not less than one (1) hour increments, provided that the bargaining unit member is in pay status at least one hundred and twenty (120) hours per month. 33.3 Bargaining unit members in probationary status will accrue sick leave in accordance with Section 2. However, no sick leave with pay shall be granted during the bargaining unit member's first ninety days (90) of employment. 33.4 In order to receive sick, leave with pay, a bargaining unit member must take steps to notify his/her immediate s ipervi of Police to receive such notice of illne scheduled for the beginning of the"bargai bargaining unit member's responsibility bargaining unit member will be out ill wit] 33.5 Any bargaining unit member consecutive work days must report to the Department of Human Resources and obtain approval before returning to work. 33.6 No other banked leave time may be substituted for sick leave unless a bargaining unit member is unable to return to work due to an extended, non -work related illness or injury and the bargaining unit member's sick leave bank has been depleted. so 99- tU ., . .,..,.• .-,,..7 w., 777777 77 -.7 _ �stv{:,•yv. ,w,,,�zse«ar y 2 i.. c::;,r .. •;;r �:.r..7i%sd., 33.7 All employees covered by this Agreement may be allowed to use up to eighty (80) hours of accrued sick leave in any one calendar year due to serious injury or acute illness of any actual member of the employee's immediate family. The immediate family shall be defined as father, mother, sister, brother, husband, wife, children, father-in-law, mother-in-law, grandparents, spouse's grandparents, stepfather and/or stepmother. 33.8 Bargaining unit members who have not utilized any sick leave and/or who have not been on disability nor in a leave without pay status for the full payroll calendar year shall receive eight (8) hours of commendation paid leave. 33.9 Bargaining unit members covered by this Agreement who exercise normal retirement (excluding bargaining unit members who leave on vested rights) shall be paid for one hundred percent (100%) of accumulated sick leave,. up to seven hundred fifty (750) hours and fifty percent (50%) of accumulated sick leaveabove seven hundred fifty (750) hours. Bargaining unit members whose sick leave payout was limited to nine hundred sixty (960) hours as a result of having in excess- of eight hundred (800) hours as of November 18, 1978 shall have the option of keeping the `nine hundred sixty (960) hour limit or selecting the seven hundred fifty (750) hour limit with payout at one hundred percent (100%) and fifty percent (50%) of accumulated sick leave above seven hundred fifty (750) hours. 33.10 Bargaining unit members with ten (10) or more years of service who terminate employment with the City under honorable conditions shall receive a cash payment equal to one-fourth (1/4) of their unused accumulatedsick leave. 33.11 Bargaining unit members with fifteen (15) or more years of service who terminate employment with the City under . honorable conditions shall receive a cash payment equal to one-half (1/2) of their unused accumulated sick leave. 51 9 -- 70 i 33.12 When a bargaining unit member, in the face of termination by the Chief of Police/City Manager, voluntarily resigns his/her employment, he/she shall be deemed to s have forfeited the right to any payoff provision for accumulated sick leave. 33.13 Payoff for accumulated sick leave shall not be used to calculate average c earnings for pension purposes. 33.14 When a bargaining unit member is unable to work due to an extended, non- work related illness and the bargaining unit member's sick leave, earned. time, and vacation time become fully depleted, bargaining unit members may donate credited vacation and/or earned time to the affected bargaining unit member in increments of four (4) hours or more. Such time may only be donated by bargaining unit members whose hourly rate of pay is equal to or greater than that of the donee. Such donations of time f shall be submitted for approval by the Labor Relations Officer on a form to be provided by the City. Except as provided above, donations of leave time shall not be authorized. Should there be extraordinary circumstances beyond what is contained in this Article, a bargaining unit member may request consideration from the Labor Relations Officer for a time transfer. The Labor Relations Officer's decision shall be final. Article 34 SUBSTANCE/ALCOHOL - PERSONNEL SCREENING 34.1 In an effort to identify and eliminate on or off duty controlled substance abuse and on duty alcohol abuse, urinalysis/blood tests shall be administered as provided herein: A) Following any vehicular accident occurring on -duty, on an off -duty detail, or traveling to or from same, and/or involving bargaining unit member(s)while driving a city vehicle or rented vehicle, where a staff level officer has 52 99 -- 70 :.r.., r n : Y. S ,3.c. .M`r`,N,�i ,d•�W.a`M�rs: •Nx "`� i , r. i 't.aNl ` 5 i. t#f NA Alk reasonable belief based upon objective factors that the involved bargaining unit member(s) may be under the influence of alcohol or any controlled substance, unlawful, inind-altering, or non -physician prescribed drugs. B) Where a staff level officer has a reasonable belief, based upon objective factors, that a bargaining unit- member is under the influence of any illegal drug or controlled substance not prescribed for him/her by a licensed physician. 1) If the reasonable belief giving rise to the testing order arises while the bargaining unit member is on duty, a reasonable effort shall be made to have the test performed while (s)he is still on duty or as soon thereafter as is practical. 2) In the event that the reasonable belief arises while the bargaining unit member is off duty and the bargaining unit member is not at the scene of an accident, arrest; or. other event; (s)he shall be directed to report at the beginning of the next tourof duty or the next morning, whichever occurs first; unless there are compelling reasons not to wait until that time. Q Where a staff level officer has a reasonable belief that a bargaining unit member is under the influence of alcohol on duty, or off -duty, while driving a city vehicle or rented city vehicle, or while covered for portal to portal pay for workers' compensation. 34.2 Random Substance Screening A) Effective upon ratification, each calendar year the city will have no more than one thousand (1000) random substance screenings conducted on 53 99-- 70 members of the bargaining unit. A bargaining unit member may be selected no more than two (2) times during each calendar year and notified that he/she must report for testing. B) Bargaining unit members selected for random substance screening shall report to either a hospital or accredited testing laboratory, as chosen by the city. The hospital or accredited testing laboratory shall include sufficient safeguards to ensure that proper chain of custody procedures are enforced. C) The following drugs or classes of drugs and cut off concentration levels shall be applicable for determining whether specimens are negative or positive for the initial or confirmatory test. A positive result shall be a concentration in excess of those listed below: Initial Test Level (ng/ml) GUMS Level (ng/ml) Marijuana Metabolites 100 15 Cocaine Metabolites 300 150 Opiate Metabolites 300 300 Phencyclidine 25 25 Amphetamines 500 500 Methaqualone 300 150 Methadone 300 150 Propoxyphone 300 150 Tricyclic Antidepressants 300 (Confirmatory Presence) D) Bargaining unit members shall give either a'blood sample (only to be used for testing blood alcohol content), or a urine sample as directed by management, 54 70 r �� � 3: ti�x,fk+�r� r; TAiN 'Y �•.•.G6a W5.—N+ .,,4 w N+, BMk•.dCAb75 •.'w GN`4NYtw] ',G.�%�'F' 1FM1Sii1«';L�'�`�1'Y'.'fy:. Y.,. ..e J Nth .P • i at either a hospital or accredited testing late, chosen by the City. During said test, the bargaining unit member shall provide sufficient urine for the laboratory to secure two (2) samples to be tested. The first sample will be used for the test and confirmation of same. The reserved sample shall only be tested if requested within 24 Hours by management or the bargaining unit i member being tested. E) Bargaining unit members may, upon request, have an F.O.P. representative r ' present during the testing procedure, provided that the test will not be postponed for more than thirty (30) minutes to await an F.O.P. representative. A telephone call will be made to the F.O.P. President ' advising of said pending test, but in no instance will the thirty (30) minute waiting rule be waived or will the bargaining unit member taking the test have more than one representative present. F) Any test showing a "positive" result will be confirmed by the GCMS method or other industry standard method before administrative action is commenced by testing the second portion'of the sample tested. G) Bargaining unit members shall be notified- of a 'positive result and be given an opportunity to request that the remaining sample be tested. Any requests for testing of the remaining sample shall be made within twenty four (24) hours after the notice that the test of the first portion of the sample was positive. Notice to the bargaining unit member of the test being positive shall be considered to have been served upon the bargaining unit member by a representative of the Department delivering a notice to the bargaining unit 55 99-- 70 ,• i} J'R�.) shy y�`.�,.�>�'� .rry.�..,-., �_ -.. .,. : ;'',5'., "0.` �:,ypYris�!,'� �,�t(°t�?�a` >>"� � member's last known residence as shown on the Department's personnel roster or by personal contact with that employee. H) All chemical tests shall be conducted as soon as practical, preferably the same day. I) The F.O.P. will be advised of passed or failed tests to the extent that the releasing of such data is not inconsistent with Federal or State laws regarding the privacy of said test, unless the individual involved does not want the test results released to F.O.P. 34.3 Where a bargaining unit member alleges that an order made under this section is not consistent with the criteria cited herein, he shall comply with the order, and may simultaneously file a protest with the communicator of the order.. Disputes arising out of such protests shall be arbitrable under Article 6 of this Agreement. i 34.4 Refusal to comply with` an order to submit to such an examination will constitute the basis for disciplinary action up to and including dismissal. 34.5 Any positive test for a controlled substance which is confirmed by Gas Chromatography/Mass Spectrometry (G.C.M.S.) or better testing shall result in a recommendation for discipline up to and, including dismissal. 34.6 When a sample is taken under any of the above circumstances, a portion shall be retained for a second test within 24 hours should either management or the bargaining unit member request same. r r 56 g g -- 70 35.1 Article 35 HEART BILL The provisions of Florida Statutes Section 112.18, currently applicable tc firefighters shall be extended to cover all sworn bargaining unit members. Article 36 36.1 ---- Any full-time Sworn Miami Police Officer who is killed while in the performance of his or her official duties or who subsequently dies from injuries twelve (12) months of the incident from his or her wounds shall be given a � within promotion to the rank of Major. Leave balances will be paid off at the hourly rate of the newly promoted rank. The beneficiary of the deceased shall receive a sum of one hundred thousand dollars ($100,000) from the City of Miami upon said bar death. Application shall be made to the Department of gaining unit mem.ber's Humane Resources for payment of such death benefits. Article 37 NON DUTY COURT APPEARANCE 37.1 Attendance in court in response to legal order or subpoena to appear in private litigation not in connection to bargaining unit mem ber's official ar and testify duty, but as an individual shall be taken as earned personal leave, vacation, compensator of absence without pay. Y leave, or leave 57 99-- 70 r•. Article 38 RESIDENCY 38.1 It is agreed that while residency is not a condition of employment a candidate that is otherwise equally qualified will be given, at time of hire, preference for employment in order of domicile as follows: (1) City of Miami resident, (2) Miami -Dade County resident, (3) resident outside of Miami -Dade County. Article 39 PENSION 39.1 Pension Contributions A. Effective the first full pay period following October 1, 1999, bargaining unit member contributions shall be reduced to seven percent (7%). B. In future years, bargaining unit member contributions to fund pension benefits shall be seven percent (7%) or equal to the City's contribution, whichever is less. 39.2 Individual Contribution Accounts (ICA's) A. Should the bargaining unit member's contribution be less than seven percent (7%), the difference between the seven percent (7%) and the actual contribution shall be deducted from the bargaining unit member's paycheck and placed into an individual contribution account, as part of the FIPO Trust. Individual contribution accounts shall be established as allowed by the IRS Code. Only if it is found that the IRS Code does not allow for an individual 58 9 9 -- 70 n, pox ,;tczM;— account, the reduction in contribution shall be reflected in the bargaining unit member's paycheck. S. Earnings: Interest on the ICA's shall be determined in the same manner as the COLA transfer methodology. Interest shall be credited periodically to the ICA's as determined by the FIPO Board's actuary, but not less than once a year. C. Disbursements: Bargaining unit member contributions and earnings in ICA's shall be deemed one hundred percent (100%) vested upon deposit. Upon the bargaining unit member's separation, ICA balances shall be disbursed as provided under the IRS Code.: Disbursement of ICA funds may only occur upon separation or as mandated under the IRS Code. 39.3 Bargaining unit members eligible for service retirement under Section 40-203 of the Miami City Code shall be entitled to: A. Retirement Allowance. 1. Effective October 1, 1998, a bargaining unit member shall be entitled to receive a retirement allowance equal to, threepercent (3%), times years of creditable service of the bargaining unit member's average final compensation for the first fifteen (15) years of service, and three and one half percent,`(3.5%0) for each year of service in excess of fifteen (15)• 59 9 9 -- 70 f 2, Upon ratification of the labor agreement bargaining unit member retirement allowances shall not exceed one hundred percent (100%) of the bargaining unit member's final average compensation with the following exceptions, 3. Bargaining unit members, whose retirement allowances, prior to October 1, 1998, were already one hundred percent (100%) or greater of the bargaining unit member's average final compensation shall continue to accrue pension benefits as outlined under 43.4 A 1. 4. Bargaining unit members whose retirement allowance exceeds one t hundred percent (100%) of their average final compensation as of October 1, 1998, due to the multiplier change, shall be capped at the new percentage. 39.4 Deferred Retirement Option Plan (DROP) - Effective upon ratification of the labor agreement, a DROP Program shall be established. The DROP of the Retirement System shall consist of a Forward DROP and'BACDROP. GENERAL PROVISIONS A. Eligibility 1. Any bargaining unit member who has reached age fifty (50) with ten (10) years of creditable service, or who has attained a combination of age plus years of creditable service equal to sixty four (64), shall be eligible to participate in the DROP. 60 99- 70 IW MV MW ll �°�: �y r,«. '°i`—Xrc, .ta IPMM B. Election to participate 1. Upon election of p 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. D. Individual Account 1. For each person electing participation.,in the DROP, an individual account shall be created. E. DROP Account Earnings 1• The 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 fluid, and shall be borne 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. F. DROP Benefits Distribution 1• Upon conclusion of a period of participation in the DROP not to exceed the maximum set forth in section C, the member shall terminate employment. Upon termination of employment, a member may receive Payment from the DROP account in the following manner: a) Lump sum; b) Periodic payments; c) Annuity; d) Rollover of the balance to another qualified retirement plan. 2• A member may defer payment until the latest date auth orized by Section 401(a)(9) of the Internal Revenue Code, 62 99 - '70 1. Disability - A DROP participant shall not be entitled to receive an ordinary or service disability retirement. 2. Death - In the case of the death of a DROP participant, there shall be no accidental death benefit for pension purposes. 3. This article shall not effect any other death or disability benefit's provided to a bargaining unit member under federal law, state law, City ordinance, or this Agreement. H. COLA 63 99- 70 t r �r r t{ i at a9 j s�v 0r t n.a3-wt"f�i€��st i ex ti f �i�ec tgtfi,,,h , u FORWARD DROP A. The date of entry into the FORWARD DROP shall be the beginning of a pay period. Payment shall be made by the retirement system into the bargaining unit member's DROP account in an amount equal to the regular monthly retirement benefit which the member would have received had the member separated from service and commenced the receipt of benefits from the system. The amount of the monthly benefit shall be determined based on the creditable service, average final compensation, and retirement option selected in accordance with Section 40-203(m) of the Miami City Code. Upon conclusion of a period of participation in the DROP not to exceed the maximum set forth in Section 39.4 C, the member shall terminate employment with the City of Miami. Election of a FORWARD Drop Program precludes participation in a BACDROP Program. BACDROP A. Eligibility: Effective upon ratification of the labor agreement a bargaining unit member may elect to BACDROP to a date no further back than the date of their retirement eligibility date. The BACDROP period must be in 12 month increments, beginning at the start of a pay period., not to exceed 36 months. Participation in the BACDROP does not preclude participation in the FORWARD Drop program. 13. The benefits for purposes of the BACDROP shall be actuarially calculated to be the equivalent to the benefit earned at the date of retirement. Said calculation shall consist; of the present value of benefits, being equal to the actuarially reduced benefit, plus a lump sure with interest, as determined by the Pension Board's actuary. Bargaining unit member contributions shall not be returned for the period of time covered by the BACDROP Program. C. Lump Sum: The hump 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. 39.5. Investment Expenses: Effective as of the actuarial valuation for October 1, 1998, the investment return assumption shall be net of any investment expense assumption. 39.6. Leave Balance Payoff Options: Bargaining unit members electing to retire may select one of the two following leave balance payoff options: A. Payment of leave balances upon retirement as currently specified under the u t .y.. .,. _ t` 1 (3) years by payment of cash to the Pension Trust. The hourly rate for calculation of the leave balances shall be as specified under the labor agreement, and or leave payoff practices. The purchase of service years under this option may not be utilized for service/rule of sixty four (64) retirement eligibility. if in the future the constructive receipt issue can be satisfactorily resolved, this benefit shall be available using pre-tax value of employees' leave banks. Article 40 SENIORITY 40.1. Seniority shall only be determinative in shift assignment and in the assignment of days off upon an opening occurring within a unit. Seniority shall not be a prevailing factor for assignment to a specialized unit. 40.2. Seniority shall, for the purpose of this Article, be defined as time -in -grade. Where seniority by time -in -grade is equal the most recent date of hire as a police officer shall be utilized. Leaves of absence without pay or suspensions of any duration shall not count toward seniority. 40.3. Exceptions to the use of seniority as specified in 42.1 may occur in an emergency situation or when special knowledge or skills are needed or as determined by the Chief of Police or the Chiefs designee. j 66 9 9 - 70 @_ '. .,' .*+"-f 'J. ;#+�fd' p -?S '��""ri'`M'4'�', r'Tw^ T ` `fit,. lai e w's' '� a.rt�. ;j" a �J:x�". f,� H�`non ...z "''s. "o^ ''s .-f .: .�i`3�+4`f<Ala�'*'ai^..`�a"a s *m7 u- rs..- .F 1 Article 41 VEHICLE PROGRAM 41.1. In an effort to reduce costs to the City in maintenance, repairs, accidents and liability, the following take-home vehicle program will be implemented: A. All sworn bargaining Lunt members will. be assigned a twenty-four (24) hour vehicle and radio. Effective upon ratification of the labor agreement bargaining unit members will not be entitled to a take-home vehicle until the bargaining unit member has fully completed the required probationary period. Those bargaining unit members who are on probation upon ratification of the labor agreement and currently have a twenty four (24) hour vehicle assigned to them, shall continue to be entitled to said vehicle. B. Twenty-four (24) hour vehicles will only be used for travel to and from the bargaining unit member's home and work or any function within the scope of his/her official duties. C. Twenty-four (24) hour vehicles will only be used for personal reasons within the boundaries of the City of Miami. D. Any bargaining unit member involved in a vehicular accident determined to be preventable by the Accident Review Board will lose the privilege of a twenty-four (24) hour vehicle as follows: Reasonable action No Loss No injuries Under $1,000 damage Reasonable action No injuries Over $1,000 damage 67 1 Month �wxan.tig^o-�572r* gtk'F-sa .�.�� �^ r y ,: y. `v h'.'G`F t � ii `�.�uw_a' _ .... :_. T�..a'-x,.w.k.,x t Reasonable action 2 Months Injuries' "r Unreasonable action 3 Months No injuries Unreasonable action 6 Months Injuries E. Assigned vehicles unavailable due to maintenance, repairs or damage will not require the replacement of said vehicle on a twenty-four (24) hour basis. F. Departmental policy on the use and operation of police vehicles shall apply. G. Effective upon ratification of the labor agreement the twenty four (24) vehicle replacement schedule will be seven (7) years with no mileage requirements as long as the vehicle is in a safe operable condition. The seven (7) year replacement program will require a minimum purchase of one hundred and fifty (15 0) vehicles per year. Mid -size vehicles may be purchased as replacement vehicles if the vehicle being replaced is not a pursuit vehicle in patrol. In lieu of replacing -pursuit vehicles the City may elect to rebuild pursuit vehicles. H. Effective upon ratification- of ' the labor agreement the F.O.P. agrees that bargaining unit members will be required at their expense to have routine preventative maintenance performed on their assigned city owned vehicle. Those maintenance items that bargaining unit members will be required to 2. Wiper blade inspection. 3. Lubricate chassis, hood, and door hinges. 4. Oil and oil filter change, (API Service SF/CC RPMHD -10 W-30 energy conserving or 30-40 W). (Motorcycle preventive maintenance shall include change of oil, change of all fluids, and lubrication of chassis). Such preventive maintenance shall be performed every five thousand (5,000) miles (preventive maintenance for motorcycles shall be performed every four thousand (4,000) miles and K-9 vehicles every three thousand (3,000) miles) by an ASC certified vehicle maintenance center located within the City of Miami. I. All bargaining unit members who are assigned a twenty four (24) hour vehicle will be required to maintain a vehicle maintenance log which is subject to inspection by the City. Bargaining unit members who fail to provide the prescribed preventive maintenance shall be subject to disciplinary action including but not limited to: 1. Repair cost due to damage of their assigned vehicle. 2. Maintenance cost. 3. Loss of twenty four (24) hour vehicle. j 41.2. It is agreed by the F.O.P. that vehicle maintenance will be performed only while the i + The F.O.P. also agrees that overtime pay bargaining unit member is on duty. 4- requirements shall not apply concerning any matter for which overtime is currently not ,<44 being paid for off -duty preventive maintenance of assigned vehicles. 41.3. Vehicles determined to be unsafe to drive by the General Services Administration and Solid Waste Department will automatically be taken off. -line. 69 41.4. Departmental policy on damage of a City vehicle shall apply. Article 42 TUITION REIMBURSEMENT 42.1 It is agreed between the parties that, effective upon ratification of the labor agreement, a tuition reimbursement program designed to encourage bargaining unit members to improve their job performance and increase their value to the City by pursuing courses of study related to their job duties at Miami -Dade County, Broward County, or other approved County educational institutions shall be established. Other educational programs may be covered, provided the City and the F.O.P. mutually agree upon inclusion of the educational program. 42.2 Any full-time sworn, permanent bargaining unit members shall be eligible to participate in the Tuition Reimbursement Program. Tuition reimbursement provided under this Article shall not be subject to budgetary constraints. 42.3 All course work must be taken at or from an accredited college, university or educational institution approved by the City Manager or the Labor Relations Officer. Course work taken under provisions of this Article must be directly related to the bargaining unit member's job duties. Class attendance will be on the bargaining unit member's own time unless otherwise noted in the course announcement and authorized by the City Manager or the Labor Relations Officer. 42.4 Effective October 1, 1998 reimbursement will be limited to straight tuition costs up to a maximum of six hundred dollars ($600.00) per year, Books, incidental fees, and other costs related to the course work will not be reimbursed by the City. 70 99- 70 • 2M�� 4 42.5 To 'be eligible for reimbursement, the bargaining unit member must successfully complete the c,,:urse work and provide evidence of successful completion to the City. Successful completion must be evidenced by a grade of "C" or better. 42.6 Procedures for reimbursement will be as follows: A. The bargaining unit member must obtain three (3) copies of the Application for Tuition Reimbursement form for each course from his department or the Human Resources Department. B. The bargaining unit member must complete the application in triplicate and submit it to the Chief of Police prior to registration at the education institution. C. The Chief of Police will then review the application and if approved forward the original and one copy to the Human Resources Department. If the application is disapproved, it is then returned to the bargaining unit member by the Chief of Police. 71 99— 70 42.8 Upon completion of the course work, the bargaining unit member must submit his semester grade report together with the tuition fee receipt to the Chief of Police. The Chief of 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 f � v employee's satisfactory completion of the course. 3 P ( t A Article 43 Y ` r, TERM OF AGREEMENT a } 43.1. After a majority vote of those bargaining unit bargaining unit members voting on the question of ratification and thereafter upon its ratification by an official resolution of the City Commission ratifying the Agreement and authorizing the City Manager to sign F N the Agreement on behalf of the City, then, the Agreement, upon being signed by the y appropriate F.O.P. representatives and the City Manager, shall become effective October 1, 1998, except where otherwise stipulated. The Agreement shall continue in force and ; effect until 11:59 p.m., September 30, 2001. -, 43.2. On or before May 1, 2001, the F.O.P. shall notify the City in writing of its intention s to renegotiate the Agreement in force, and attached thereto shall include a complete list of proposals which shall inform the City of the articles which they desire to negotiate, together with specific language embodying and describing their proposals. The changes indicated in the proposals shall be designated by article numbers and/or section numbers } with a strike through of deleted language (ea-n l) and new language will be underlined (sample). 72 99- 70 -. R.• „.75=^F '.i.'a*r:N;7Rsn5'>i*"YA�3a i.::s,'�r .., , :� jl' 43.3. On or before May 1, 2001, the City will present the F.O.P. with a list of proposals it desires to negotiate, together with specific language describing its proposals. The changes indicated in the proposals shall be designated by article numbers and/or section numbers with a strike through of deleted language (sra-mple) and new language will be underlined (sample 43.4. Initial discussions shall thereafter, and no later than June 1, 2001, be entered into by the City and the F.O.P. 43.5. If any provision of this Collective Bargaining Agreement is in conflict with any law, ordinance or resolution over which the City Manager has no amendatory power, the City Manager shall submit to the City Commission a proposed amendment to such law, ordinance or resolution. Unless and until such amendment is enacted or adopted and becomes effective, the conflicting provision of the Collective Bargaining Agreement shall not become effective. The City Administration shall expedite such proposed amendments to the City Commission. 43.6. If a. Constitutional Amendment is adopted which reduces the City's ability to acquire revenue and causes the City Manager to deem necessary the under funding of this Agreement, the parties shall promptly reopen negotiations on wages and monetary fringe benefits. Agreed to this day of , 19,_, by, and between the respective parties through an authorized representative or representatives of the F.O.P. and by the City Manager. 3 73 9 9 -- 70 FRATERNAL ORDER OF POLICE WALTER E. HEADLEY , JR. MIAMI LODGE NO. 20 ATTEST: CITY CLERK THE CITY OF MIAMI, FLORIDA APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY CITY MANAGER ADDENDUM NUMBER 1 FOP GRIEVANCE #4-98 Upon ratification of this labor contract, the Fraternal Order of Police, Lodge No. 20 (F.O.P.) agrees to withdraw Grievance #4-98 - Breach of the 1996 Memorandum of Understanding (Concession Agreement) between the City of Miami and the F.O.P. . ;�.,�1 1'S. dt t`4'.��y 4�i, ��%�{�.� �:. •i�� �y �k�, } ��'4'3}�F•fi �� ���j�t'X'[J '(h }�t � �..yi' i' , tV1 � :. r 4,� Y}.Y '"Id ��4a� 3 C ,� 1M� .� 1. t 5 �'.. .51�y MS 4K� 'j � 4 !� ijFY. i',� .� :s:�ti F,. �l ', !1` i � 3 � .`I (` ,fig � T'b�t 4�'S. . . 4 �il� �� S� i 4 S I p'., 7 4 .� ..Y ., iR��'�" � t ft y t w� tt +i{'�whi;� di. nrm,.rti, f�� -: ._.., _. , . _,w, ,M..�-•ram :.IIIs� 1r., ; ,-" ii y r y� APPENDIX "A" (f. BARGAINING. UNIT CLASSIFICATIONS ' 4� CLASS CODE NUMBER CLASS TITLE Police Officer r' 5005 5011 Police Sergeant 5012 Police Lieutenant Police Captain 5013 EXCLUDED CLASSIFICATIONS ._ CLASS CODE NUMBER CLASS TITLE 8077 Police Major 8182 Executive Assistant to irY Chief of Police 8180 Sr. Executive Assistant to Chief of Police 8280 Assistant Chief of Police Deputy Chief of Police 8380 Chief of Police 9012 Auxiliary Police Officer 99- 70 76 S yy MU ..r �j�T % 7rF,T14-w .� •. . old. i i k t 'S t vtK! t.0 �7 i.3, 'f .1-1p, rr(���.t t�,� T � �5}. � *horn ) q+ +} '� t�• y "4.,t}� c� v':°iF1r -•,!,- � � R fL?�. V t ��ti:. •.x y � �' Y �' 9� .tt.,st�� ^��i- .����,d� � f�'� i�.� �Y� �iE� 4i `�..1 �, r�} . �r5 ?'u "� A. °i .5.�. e� t �A 3 �d�f'��: 4 H e 7 •�x'w�'M� , Q�'S(, �y% Y'. 'i' �,� ,��, A,.PPENDIN "B"i EFFECTIVE OCTOBER. 1, 1999 1st 2nd 3rd 4th 5th Salary Long Long Long Long Long Class Title Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 (10 yr.) (15 yr.) (16 yr.) (20 yr.) (21 r. Police Officer 24C 30,881 32,457 34,151 35,822 37,611 39,449 41,454 43,482 45,725 46,869 49,212 50,443 S'+ . Police Sergeant 27C 35,822 37,611 39,449 41,454 43,482 45,725 47,945 50,356 52,909 54,232 56,943 58,367 Police Lieutenant 30C 41,454 43,482 45,725 47,945 50,356 52,909 55,582 58,279 61,238 62,769 65,907 67,555 Police Captain 33C 47,945 50,356 52,909 55,582 58,279 61,238 64,364 67,586 70,903 72,676 76,310 78,217 r, *Police Recruit Salary: 27,021 *(Entry level Police Recruits will he paid 12 1/2% less than Step 1 of Police Officer for the first six months). � s psis• j i, The salary schedule issued by Humane Resources Department is the official City salary document 1 The salaries listed represent an approximation. APPENDIX 94C"2 EFFECTIVE OCTOBER. 1, 2000 1st 2nd 3rd 4th 5kh Salary Long Long Long Long Long Class Title Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 (1.0 yr.) (15 yr.) (16 yr.) (20 yr.) (21 yr.) Police Officer 24C 31,499 33,106 34,834 36,538 38,364 40,238 42,283 44,352 46,640 47,806 50,196 51,452 Police Sergeant 27C 36,538 38,364 40,238 42,283 44,352 46,640 48,904 51,363 53,967 55,316 58,082 59,534 Police Lieutenant 30C 42,283 44,352 46,640 48,904 51,363 53,967 56,964 59,444 62,463 64,024 67,225 68,906 Police Captain 33C 48,904 51,363 53,967 56,964 59,444 62,463 65,652 68,938 72,321 74,129 77,836 79,782 *Police Recruit Salary 27,561 *(Entry level Police Recruits will be paid 12 1/2% less than Step 1 of Police Officer for the first six months). W 2 The salaries listed represent an approximation. The salary schedule issued by Humane Resources Department is the official City salary document L� 79 FIT?! �a ,u,+t4 APPENDIX "D193 EFFECTIVE SEPTEMBER 1, 2001 Class Title Salary Range Step 1 Step Step 3 Step 4 Step 5 1st Long Step 6 Steep 7 (10 yr.) 2nd Long (15 yr.) 3rd Long (16 yr.) 4th Long (20 yr.) 5th Long (21 yr.) Police Officer 24C 32,129 33,768 35,531 37,269 39,131 41,043 43,129 45,239 47,573 48,762 51,200 52,481 Police Sergeant 27C 37,269 39,131 41,043 43,129 45,239 47,573 49,882 52,390 55,047 56,423 59,244 60,725 Police Lieutenant 30C 43,129 45,239 47,573 49,882 52,390 55,047 57,827 60,663 63,712 65,305 68,570 70,284 Police Captain 33C 49,882 52,390 55,047 57,827 60,663 63,712 65,652 68,938 72,321 74,129 77,836 79,782 *Police Recruit Salary 27,561 *(Entry level Police Recruits will be paid 12 1/2% less than Step 1 of Police Officer for the first six months). 3 The salaries listed represent an approximation. The salary schedule issued by Humane Resources Department is the official City salary document I G �1 r INDEX ARTICLE PAGE 75 IF. 4 Addendum1................................................................ 1 Agreement.................................................................. 76 AppendixA.................................................................. 77 AppendixB................................ .... ......... 78 ....`...:. ..... Appendix C...... ................................ Appendix C ...................... ... ,. 79 52-56 BloodDonors ..................4......... ...... 34 , Bulletin Boards ................................ .... 11 18 > Commendation Paid Leave............................4......... 29 45 CourtAppearance .......................................................... 37 57 > Death in Family 28 44-45 Department Disciplinary Review Board... 12 18-20 DisciplinaryProcedure ................................................. 8 12-15 Discrimination...................................................... ... 27 44 Earned Personal Leave (Floating Holiday) 21 34 l Employee Organization Time Pool.. .. .. ... .... 26 41-44 � Family Leave and Leave Without Pay 30 45-47 ...... 4-10 Schedule 16,24-25 Grievance Procedure .................................. 6 6-11 Group Insurance .................. 24 38-40 Heart Bill ............................. 35 20 57 33-34 Holidays .............................. Index................................... $0-81 Line of Duty Injuries .... ... 9 15-17 ;. Management Rights .. 4 3-5 No Strike ........................ 5' 5-6 Notices ............................... 10 17-18 x Overtime/Compensatory Time: 15 22-24 Pension ................................. 39 5$-56 f- Preamble.................................................................. 1 Prevailing Benefits ......................................... .............. 23 38 . . Provisions in Conflict with Law .................... ........... 25 40 Recall and Court Time ............. .......... 13 20-21 Recognition .................................. . 1 1-2 Representation of the City....... 2' 2 Representation of the F.O.P. ...,. 3 2.3 f Residency58' 37 Rules of Construction 11-12 jSeniority ............................................ 40 66 Sick Leave ....................................................... ........ 33 49-52 Standby.................................................................... 17 25 Substance/Alcohol - Personnel Screening .................... 34 52-56 Sworn Officers Killed in the Line of Dutyry 43 �y 9 — t V Term of Agreement ................................................ 72-7P FT '...a+H?L..I. Fyi .-.: . .. .... ,. ... .... CITY OF MIAMI, FLORIDA0 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and DATE . ,1AN i 5 199� FILE: Members of the City Commission SUBJECT: Resolution Ratifying Libor Agreement between City of Miami and FOP FROM: (onald H. Warsha' w REFERENCES: City Manager 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 the Fraternal Order of Police (FOP) for the period October 1, 1998, through September 30, 2001, per the attached resolution. BACKGROUND In August, 1998, the City and the FOP began negotiations for a new labor agreement to replace the one expiring on September 30, 1998. On New Year's eve the City and the FOP reached agreement on a successor labor agreement for the period of October 1, 1998, through September 30, 2001. Changes to the three-year labor agreement provide for the following: no across-the-board increase for Fiscal Year 1998-1999, a 2% across-the-board increase for Fiscal Year 1999- 2000 (effective October 1, 1999) and a 4% across-the-board increase for Fiscal Year 2000-2001 (2% effective October, 2000 and 2% effective September, 2001); a 5% pay supplement for Lieutenants assigned to NET; a 5% pay supplement for Senior Patrol Officers who meet certain qualifications; reimbursement to the FOP for representation of its members, not to exceed a total of $20,000 annually; application of the four day/ten hour day wort: schedule to additional units in the department; workers' compensation and supplemental salary not to exceed 100% of the employee's base pay; reconfiguration of vacation accrual; and an increase in tuition reimbursement from $200 to $600 annually. The FOP has also agreed to its members providing maintenance of take-home cars; extending assignment of take-home cars to when an employee completes probation; replacing the 5 year or 50,000 mile replacement of vehicles to replacement of vehicles after 7 years and no mileage requirement; the option to rebuild rather than replace large cars and improvements to the random drug screening program. Additionally, the FOP has also agreed to dropping a grievance concerning the concession of benefits given in 1996, which represents a liability of $15.3 million dollars if lost in arbitration. 99_ ME] 0 \ Ii�s�g �jSC4 'i G I f I Pension changes include: an increase in the pension multiplier from 2.75% to 3% for the first 15 years of service and to 3.5% for years of service in excess of 15 years; a cap on the employee's retirement allowance of 100% if such ercentage has not already been p met; a reduction in the employee's contribution rate to 7% effective October, 1999. and in { :. future years the employee contribution will be 7% or equal to the City's contribution, whichever is less: and the establishment of a FORWARD DROP and a BACDROP. t "' Additionally, the parties have agreed that the investment return assumption will be net of :any investment expense assumption, which was previously a cost to the City. yy The above changes along with the changes negotiated in the IAFF contract result in a g g g g � E ': savings over the three years of the labor agreement of $8 million dollars of budgeted r funds and a savings in liability of $41 million dollars. 1 A cost summary of the changes to the FOP and the IAFF labor agreement is attached for your review. DHVV/RS W/rsw 1 6 a r . t ,r 99- 70 ,^^me.,c.+Ra+mewAlRiftYi4ia3=�1Y ... ..,. �t, iC lb `r .�j'7,1Lv :. R#S� >>FOP Concessions (Grievance Dropped) $ (15,300,000) Upon ratification >>IAFF Concessions (Grievance Dropped) $ (6,000,000) Upon ratification PENSIONICONTRACTUAL CHANGES: PEN91-6 - --- gudgefed: - - »FOP -3%first 15 years, 3.5%multiplier thereafter »IAFF-3.5% multiplier after 15 years of service »FOP/IAFF-1004° Cap on Benefits, if less than 100% benefit grandfathered - -- FY 1998-1999 $ 10,664,109 FY 1999-2000 $ 10,824,071 FY 2000-2001 IMPLEMENTATION -- - --DATE -- - — $ 10,986,432 Retro to October 1998 Retro to October 1998 »FOP/IAFF -Employee contribution reduced to 7%, if total contribution less than 14%- 50/50 split — - — -- October 1999 »IAFF -Rule of 64_— --- Upon ratification _ Upon ratification Upon ratification »FOP-DROP/BACKDROP Program/3 yrs. »IAFF-BACKDROP Program/3 yrs. COST OF PROPOSED PENSION ENHANCEMENTS: 0 $ 8,972,371 $ 8,972,371 »Investrnent Expenses rolled into fund 0 $ (3,487,971) $ (3,487.971) October 1999 COST OF PROPOSED PENSION CHANGES: $ - $ 5,484,400 $ 6,484,400 ---------BUDGETED SAVINGS: 0 $ 5,339,671 $ 5,602,032 _L F0j 3OR CONTRACT — >>FOP- FY 2000: 2% ACB Oct. 1999, FY 2001: 2% ACB Oct.-2000 and 2% ACB Sept. 2001 0 $ 1,005,107 $ 1,025,209 Oct. 1999, Oct. 2000, and Sept. 2001 _ _ _ $ 87,143 »FOP -Car Replacement - 7year replacement as long as in safe operable condition, no mileage req. $ 2,325,000 $ 3,675,000 $ 2,910,000 Upon ratification »FOP -Give City ability to rebuild large take-home cars rather than replace, mid -size cars for non -patrol $ - $ (360,000) $ (360,000) October 1999 Prepared by Labor Relations on 1/6/99. Reviewed by the Office of Budget and Management Analysis. K* qv il�­_4,--!4�,,�.-L,"-, 4 •n* W — - - - -- — - - - - - - - - >>FOP -NET Lieutenants received 5% pay supplement ->�-Fb7i5---S-r-.--P-a-t-r'o-1-0--ffi--c-e-rs—r--e—c e__iv`­e_5_%__pa`y_ -su-p-p-le m-e-n-d- if meet qualification s(-20) _-Worke_rs_' -C-on--i-p--e--ns-a-ti-o-n/--S--u-p-pl--e--m-e--n-t-a--l--S--a-l-a—ry-- not to exceed 100% of employee's base pay, maximum deduction of $160 biweekly ft-orne-y- fee reimbursement on punitive ,- — damages @ $125 per hour not to exceed $20,000 Upon ratification FY 1998-1999 FY 1999-2000 FY 2000-2001 $ 37_,_34_07 $ 38,087 $ 46,102 _$___3__ 834 $ 47,006 Upon ratification Upon ratification 45,198 -$—(1-3-4,550) $ (179,400) $ (179,400) 2-0,00-0 $ 20,000 $ 20,000 Upon ratification 0 0 0 Upon ratification �->—Fbi5---.-C—h--an—ge—s-to-4--l-0 —Plan-___ ��>(jp --Educational --Reimbursement _--up, —to$600 per year Upon ratification .200 $ 1,200 $ 1,200 -FOP LABOR CONTRACT COST TOTAL: $ 2,294,188 �2v2949188 $ 4,246,096 $ 3,589,992 —BUDGETED —DOLLARS: LESS Wage Increases: $ $ (1,005,107) $ (1,025,209) Car Replacement: $_ (2,200,000) $ (2,000,000) $ (2,200,OLO) ADDITIONAL BUDGETARY COST. $ 94_,188 1,240,989 $ 364,783 A—dditionif FOP Unbu_dgeted Items >>FOP -Car Replacement - 7 years replacement as long as in safe operable condition, no mileage req. _$ —(10,537,500) $ (3,675,000) $ (2,725,000) Upon ratification >>FOP -extend assignment of take-home cars to cars to rn months) :n hC: s) (857,500) $ (857,500) $ (857,-500) First new class following ratification completion of probation period (18 months) Prepared by Labor Relations on 1/6/99. Reviewed by the Office of Budget and Management Analysis. q- »FOP -employee's _ continue to provide preventative maintenance on take-home cars - FY 1998-1999 FY1999-2000 FY2000-2001 I $ (80,000) Upon ratification $ J(60,000) $ (80,000) -- >>FOP-True random drug screening of 1000 employees up to 2 times/Federal level cutoffs/new drug level cutoffs to be determined------- $ - $ - -------- $ _ -- --- Upon ratification UNBUDGETED SAVINGS TOTAL: $ (11,456,000) $ (4,612,500) $ (3,662,500) IAFF LABOR CONTRACT »IAFF- FY 2000: 2%ACB Oct.1999, FY 2001: 2% ACB Oct. 2000 and 2% ACB Sept. 2001 0 $ 699,466 $ 713,455 Oct. 1999, Oct. 2000, and Sept. 2001 $ (54,600) _ $ 60,644------ $ (54,600) Upon ratification »IAFF - Workers' Compensation- maximum deduction of $160 per pay period from supplemental salary, supplemental/wcomp not to exceed 100% — $ (40,950) _ »IAFF - Fixed Revenue Incentive at 3.7% (no roll -up on plus items, lang. as part of base wage) $ 445,605 $ 198,023 $ 219,153 Retroactive to first full pay period following Jan 1, 1999 »IAFF - Educational Reimbursement - up to $600 per year $ 1,200 $ 1,200 $ 1,200 Upon ratification »IAFF - Paramedic Pay increased from 5% to 6.5% —_` $ 152,554 $ 233,410 $ 258,313 First full pay period following ratification IAFF LABOR CONTRACT COST TOTAL: $ 258,409 $ 1,077,499 $ 1,198,165 — LESS BUDGETED DOLLARS:_ _ - - -------------------- — Wage Increases: $ - $ (699,466) $ (713,455) ADDITIONAL BUDGETARY COST: $ 258,409 $ 378,033 $ 484,710 Prepared by Labor Relations on 1/6/99. Reviewed by the Office of Budget and Management Analysis. f� T, is i' i 1 I W r � �i .�tik42i.-,nq ii - '�' zits; .. - r .� .. ��._ _: ...._ . � �a�g. wC-•Y :��,as.� .:k �. � ,,y^-'�` � ,a Additional IAFF Unbudgeted (terns - - - Pay -----5---%-----natpaid-------to--- -- -----probationary-- »IAFF -ALS Acting employees >>IAFF - EMT/Paramedic Certification- 1.5%/6.5% supplement not paid for first 6 months >>IAFF - Same time pool as FOP (2 people on release/6000 hrs/Wcomp) _ -- ---- -- -- - -- _�_.. -- Upon ratification Upon ratification FY 1998-1999 - - - -- --- $ (83,213) —FY 1999-2000 FY 2000-2001 -------- $ (41,066) ---- - $ (18,850) Upon ratification lost productivity lost productivity lost productivity »IAFF Death Benefit same as FOP , _- 0" 0° 0" Retro to Oct. 1, 1998 >IAFF Shift Exchange increased from 5 to 8 $ - $ - $ - Upon ratification (#Una6le to predict number of deaths} - - UNBUDGETED SAVINGS TOTAL: $ (83,213) $ (41,068) $ (18,850) Prepared by Labor Relations on 1/6/99. Reviewed by the Office of Budget and Management Analysis.