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.
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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
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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
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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,
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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 "
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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
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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
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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
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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
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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
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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,
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A grievance shall refer to the specific provision or provisions of this Agreement
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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
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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.
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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
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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
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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�
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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
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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
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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
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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
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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
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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
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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
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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
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method of ascertaining the fairness and consistency of punitive action for infractions of the
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Departmental Rules and Regulations, Departmental Orders and other Departmental
Directives. A part of this review process is the Departmental Disciplinary Review Board
18 �-- 70
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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
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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.
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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
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Article 14
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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.
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14.2 For the purposes of this Agreement, a transfer means a change for more than five V
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(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
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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
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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
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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
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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
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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
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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®
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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
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.... � �..!?.r....cr•..+s^?�.ds.t^iw.,z..i�.i . :a�. , rw.. ..
r7�
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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(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.
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66 9 9 - 70
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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
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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.
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Article 43
Y
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TERM OF AGREEMENT
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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
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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
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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.
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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
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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_
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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
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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
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6
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>>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*
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— - - - -- — - - - - - - - -
>>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.
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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.