HomeMy WebLinkAboutR-95-0225U-95-235A
3/16/95
RESOLUTION NO.
95- 225
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ENTER INTO A COLLECTIVE
BARGAINING AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION
KNOWN AS THE FRATERNAL ORDER OF POLICE, LODGE
NO. 20, FOR THE PERIOD OF OCTOBER 1, 1995
THROUGH SEPTEMBER 30, 1998, UPON THE TERMS
AND CONDITIONS SET FORTH IN THE ATTACHED
AGREEMENT.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to
enter into a Collective Bargaining Agreement ("Agreement"), in
substantially the attached form, between the City of Miami and
the employee organization known as the Fraternal Order of Police,
Lodge No. 20, for the period.of October 1, 1995 through September
30, 1998, upon the terms and conditions set forth in the attached
Agreement.
Section 2. This Resolution shall become effective
immediately upon its adoption.
I�T TA, CH11ENT (S)
Co. my,11181D
CITY COMUSSIONP
IVIEETING OF,
MAR 2 7 1995
Resolution No.
95- 225 1
PASSED AND ADOPTED this 27th day of ,_ March 1995.
15� D
q�Z�
ST PHEN P. CLARk, MAYOR
PREPARED AND APPROVED BY:
RAMON IRIZ RI
ASSISTANT ITY AT ORNEY
APPROVED AS TO FORM AND CORRECTNESS:
P
A. Q N cT0 I I I
CITY ATTOR
Rl:osk:X5002
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95- 225
AGREEMENT
BETWEEN
CITY OF MIAMI, MIAMI, FLORIDA
AND
FRATERNAL ORDER OF POLICE,
WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20
OCTOBER 1, 1995 THROUGH SEPTEMBER 30, 1998
95- 225
TABLE OF CONTENTS
ARTICLE
PAGE
ADDENDUM NO. 1
MEMO OF UNDERSTANDING -
RE: ARTICLE 36, SUBSTANCE/ALCOHOL
PERSONNEL SCREENING. . . . . . . . .
70
AGREEMENT . . . . . . . . . . . . . . . .
1
APPENDIX A . . . . . . . . . . . . . . .
73
APPENDIX B. . . . . . . . . . . . . . . .
74
APPENDIX C. . . . . . . . . . . . . . . .
75
' BLOOD DONORS . . . . . . . . . . . . . . .
34
55
BULLETIN BOARDS . . . . . . . . . . . . .
11
20
COMMENDATION PAID LEAVE . . . . . . . . .
31
51
COURT APPEARANCE.
39
62
DEATH IN FAMILY . . . . . . . . . . . . .
30
50
DEPARTMENT DISCIPLINARY
REVIEW BOARD . . . . . . . . . . . . . .
13
22
DISCIPLINARY PROCEDURE. . . . . . . . . .
8
14
DISCRIMINATION . . . . . . . . . . . . . .
28
49
EMPLOYEE ORGANIZATION TIME POOL . . . . .
27
45
EARNED PERSONAL LEAVE
(FLOATING HOLIDAY). . . . . . . . . . .
22
37
FAMILY LEAVE AND .LEAVE WITHOUT PAY. . . .
32
51
4-10 PLAN . . . . . . . . . . . . . . . .
17
28
GRIEVANCE PROCEDURE . . . . . . . . . . .
6
7
GROUP INSURANCE . . . . . . . . . . . . .
25
42
HEART BILL . . . . . . . . . . . . . . . .
37
61
HOLIDAYS . . . . . . . . . . . . . . . . .
21
36
ILLNESS IN FAMILY . . . . . .
29
49
LABOR/MANAGEMENT PARTNERSHIP COMMITTEE.
12
20
LINE OF DUTY INJURIES . . . . . . . . . .
9
17
MANAGEMENT RIGHTS . . . . . . . . . . . .
4
4
NO STRIKE . . . . . . . . . . . . . . . .
5
6
NOTICES
10
19
OVERTIME/COMPENSATORY TIME. . . . . . . .
16
26
PENSION . . . . . . . . . . . . . . . . .
41
62
PREAMBLE . . . . . .
1
PREVAILING BENEFITS . . . . . . . . . . .
24
41
PROVISONS IN CONFLICT WITH LAW. . . . . .
26
44
RECALL AND COURT TIME
14
24
RECOGNITION . . . . . . . . . . .
1
REPRESENTATION OF THE CITY. . . . . . ...
2
2
REPRESENTATION OF THE
EMPLOYEE ORGANIZATION . . . . . . . . .
3
3
RESIDENCY . . . . . . . . . . . . . . . .
40
62
i RULES OF CONSTRUCTION . . . . . . . . . .
7
13
SENIORITY . . . . . . . . . . . . . . . .
42
64
1 SICK LEAVE . . . . . . . . . . . . . . . .
35
56
STANDBY
18
29
SUBSTANCE/ALCOHOL - PERSONNEL
SCREENING . . . . . . . . . . . . . .
36
59
SWORN OFFICERS KILLED IN THE
LINE OF DUTY . . . . . . . . . . . . . .
38
61
i
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ARTICLE PAGE
TERM OF AGREEMENT . . . . . . .
. . . . . 44
67
TOTAL AGREEMENT . . . . . . . .
. . . . . 20
35
TRANSFERS . . . . . . . . . . .
. . . . . 15
26
UNIFORM ALLOWANCE . . . . . . .
. . . . . 23
38
VACATION . . . . . . . . . . . .
. . . . . 33
53
VEHICLE PROGRAM . . . . . . . .
. . . . . 43
65
WAGES . . . . . . . . . . . . .
. . . . . 19
29
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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., MIAMI LODGE
NO. 20, hereinafter referred to as the "Employee Organization,"
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
Employee Organization 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.
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1.2 The bargaining unit consists of all sworn employees
holding positions in the classifications shown in Appendix C or
which may hereafter be added to, reduced or changed as
hereinafter provided, and excludes all other employees not
specifically included in Appendix C 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 Employee
Organization 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 Employee Organization in
writing of any changes in designation of the City's
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representative for the purposes of negotiations.
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2.
ARTICLE 3
REPRESENTATION OF THE EMPLOYEE ORGANIZATION
3.1 The Employee Organization shall be represented by the
President of the Employee Organization or by person or persons
designated in writing to the City Manager by the President of
the Employee Organization. The identification of representatives
shall be made each year by April 1st. Such designation shall be
accompanied by an affidavit executed by said President that the
Employee Organization has complied with all requirements of State
Law in effect at that time with respect to registration of the
Employee Organization. The President of the Employee
Organization, or person or persons designated by said President,
shall have full authority to conclude an Agreement on behalf of
the Employee Organization, subject to ratification by a.majority
vote of those bargaining unit employees voting on the question of
ratification. It is understood that the Employee Organization
representative or representatives are the official
representatives of the Employee Organization 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 Employee Organization, shall be
deemed unauthorized and shall have no standing or weight of
authority in committing or in any way obligating the Employee
Organization. The Employee Organization shall notify the City
Manager in writing of any changes in the designation of the
President of the Employee Organization or of any certified
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representative of the Employee Organization. Up to five (5)
designated representatives of the Employee Organization 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 27.
The seven day notice requirement will not apply where the
schedule of negotiating sessions prohibits its application.
ARTICLE 4
MANAGEMENT RIGHTS
4.1 The Employee Organization 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, through its
management officials, shall include, but shall not be limited to,
the right to determine the organization of City Government; to
determine the purpose of each of its constituent departments; to
exercise control and discretion over the organization and
efficiency of operations of the City; to set standards for
service to be offered to the public; to direct the employees of
the City, including the right to assign work and overtime; to
hire, examine, classify, promote, train, transfer, assign, and
schedule employees in positions with the City; to suspend,
demote, discharge, or take other disciplinary action against
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employees for proper cause; to increase, reduce, change, modify
or alter the composition and size of the work force, including
the right to relieve employees 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
policymaking 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.
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.
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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 Employee Organization, nor any of its
officers, agents and members, nor any employee organization
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 Employee
Organization 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 Employee Organization, its officers, stewards
and other representatives agree that it is their continuing
obligation and responsibility to maintain compliance with this
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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 of this Agreement, it is agreed to
and understood by both parties that there shall be a procedure
for the resolution of grievances or misunderstandings between the
parties arising from the application or interpretation of this
Agreement.
6.2 A grievance is any dispute, controversy or difference
between (a) the parties, (b) the City and an employee or
employees 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 alleged to have been violated. Any
grievance not conforming to the provisions of this paragraph or
that contains nonidentification of specific violations of the
agreement shall be denied and not eligible to advance through the
steps of the Grievance Procedure including arbitration.
6.3 Nothing in this Article or elsewhere in this Agreement
shall be construed to permit the Employee Organization 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 Employee Organization.
6.4 It is further agreed by the Employee Organization 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.
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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.
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.
6.6 Where a grievance is general in nature in that it
applies to a number of employees having the same issue to be
decided, or if the grievance is directly between the Fraternal
Order of Police Lodge 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 Fraternal Order of
Police Lodge representative on their behalf. The Election of
Remedy form as provided in Section 3 of this Article must be
completed and attached to grievances presented directly at Step
3
6.7 All grievances must be processed within the time
limits herein provided unless extended by mutual agreement in
writing.
6.8 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
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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.
6.9 Disputes involving the granting of workers'
compensation benefits shall not be subject to this grievance
procedure, but disputes involving the granting of supplemental
disability pay shall be grievable.
6.10 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 Employee
Organization 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.
Step 2.
If the grievance has not been satisfactorily resolved, the
employee or the Employee Organization representative shall
complete the Election of Remedy form provided for in Section
3 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.
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When the Election of Remedy form indicates the grievance is
to be advanced through the Grievance Procedure, the employee
or the Employee Organization 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
Employee Organization representative and shall respond in
writing to the employee and the Employee Organization 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 Employee Organization 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 Employee Organization
representative and he shall respond in writing to the
employee and the Employee Organization within ten (10)
working days from the receipt of appeal.
Step 4.
I. 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
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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 Employee
Organization or employee 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.
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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 employee or employees, the Employee Organization
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.
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 Contract 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 Agreement, the
Arbitrator, in rendering his award, shall be bound by and shall
apply the foregoing standard contained in this paragranb 1 2 2 5
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ARTICLE 8
DISCIPLINARY PROCEDURE
8.1
If an investigation is initiated by the City of Miami
Police Department
against an employee where a formal statement
(other than required incident reports, control of person reports,
discharge
of firearm reports, arrest reports, or any other
equivalent
reports) under oath is elicited from the employee, the
interrogation shall be conducted under the following conditions;
A)
The interrogation shall be conducted at a reasonable
hour, preferably while the employee is on duty, unless
the seriousness of the investigation is of such degree
that an immediate action is required. If the employee
is off duty at the time of the interrogation, the
employee shall be entitled to overtime. If it occurs
while on duty, a commanding officer, or a supervisor
of the employee, shall be notified of the
interrogation.
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 employee 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
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the interrogation. All questions directed at the
employee shall be asked by and through one
interrogator at any one time.
D) The employee shall be informed of the nature of the
investigation prior to any interrogation, and given
the names of all known complainants. The employee
shall have the opportunity to review any written or
taped statements from witnesses prior to the taking of
the employee's formal statement when it is determined
that the investigation is strictly for administrative
purposes.
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 employee 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.
H) The employee shall not be obligated into giving a
second statement concerning the same facts elicited in
an original interrogation. This will not preclude an
investigator from asking questions at a later time
that were not covered by the first statement.
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I) No mechanical device including, but not limited to,
polygraph, psychological stress evaluator, et. al.,
shall be forced onto an employee nor shall
disciplinary action be taken against an employee who
refuses to submit to such testing. However, an
employee may request such a test.
J) If the employee 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 employee, 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 employee representative is
requested but cannot be present within one (1) hour of
notification, the.employee shall be required to obtain
another employee representative or counsel. When an
employee representative or counsel is present, he or
she may advise the employee as to the employee's
rights under applicable rules, regulations and the
current Labor Agreement.
M) Upon the closing of an investigative case by Internal
Affairs and the I.A. Commander has signed off or upon
final review on a firearm discharge by the Firearms
Committee, an employee may request a copy of his
written or taped transcript upon providing payment for
the transcript or supplying a blank tape forwopyi 5
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N) 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 (S) years beyond
either the employee'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 an employee covered by this Agreement who
is found to have sustained a compensable line -of -duty injury
provided the employee and/or supervisor gives notice to Risk
Management as provided for by the Workers' Compensation Laws of
the State of Florida.
9.2 The City agrees that any employee covered under this
contract who is disabled as a result of an accident, injury or
illness incurred in the line of duty shall be granted
supplementary salary, of which a part thereof is Workers'
Compensation, as provided by Resolution No. 39802. Supplementary
salary shall only be granted for a 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 If an accident has been declared compensable by the
City and the employee files a workers' compensation claim or
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brings litigation without having first discussed with personnel
of the Claims Division of the City of Miami, concerning any
controversy arising out of the declared compensable accident,
then the supplementary salary, as provided by Resolution No.
39802, shall cease.
9.4 In the event that litigation is filed by an employee
following his 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 employee'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 resolve any controversy arising out of a
compensable injury to the satisfaction of the injured employee,
then the supplementary salary as provided by Resolution No. 39802
shall not be jeopardized if litigation is subsequently filed by
the employee.
9.5 In the event an employee 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 $75.00 per
hour, not to exceed $150.00.
9.6 The parties agree that where a sworn police officer
has been approved by the Civil Service Board to reside outside
the, jurisdictional limits of the City of Miami and the said
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officer is injured going to or coming from work within a
reasonable period of time from the commencement or termination of
his tour of duty on a reasonably direct route of travel, said
accident may be considered as occurring in the line of duty per
Resolution No. 39802. This provision is not applicable if the
officer is charged with reckless driving and/or driving under the
influence in violation of the provisions of Chapter 316 of the
Florida Statutes entitled "State Uniform Traffic Control."
ARTICLE 10
NOTICES
10.1 The City agrees to provide in a timely fashion to the
Employee Organization President or designee the following notices
or •bulletins_ City Commission Agenda, Civil Service 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 would affect
the terms and conditions of employment of the members of the
Employee Organization.
10.2 Such notices and bulletins will be delivered to the
Employee Organization, 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.
_19_
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ARTICLE 11
BULLETIN BOARDS
11.1 The City will provide for the use of the Employee
Organization a bulletin board at each City building in which the
Employee Organization has members working. Such bulletin board
shall be shared by the Employee Organization with other employee
organizations having similar bulletin board privileges pursuant
to an agreement with the City. Any notice or item placed on the
bulletin board shall bear on its face the legible designation of
the person responsible for placing such notice or item on the
bulletin board. Notices placed on a bulletin board shall be
limited to announcement of employee organization meetings,
elections, and social or recreational events. Bulletin boards of
a social nature only may be placed in locations as designated by
the Chief of Police by the HOA, FWLE, MCPBA, and Miami PBA.
ARTICLE 12
LABOR/MANAGEMENT PARTNERSHIP COMMITTEE
12.1 There shall be a Labor/Management Partnership
Committee in the City of Miami Police Department, which shall
consist of not more than five (5) members who shall be designated
by the Employee Organization and not more than five (5) members
designated by the Chief of Police. The Employee Organization
membership shall consist of persons from within the position
classifications covered by this Agreement, and the Management
membership shall consist of persons within the City of Miami
Police Department or City Management designated by the Chief of
Police.
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aw
12.2 This Labor/Management Partnership Committee shall meet
at the request of either party, and such meetings shall be
scheduled during normal business hours at a time set by the Chief
of Police. Attendance at these meetings by off -duty personnel
shall be accommodated by a change of that employee's hours,
providing no overtime liability shall be incurred. The purpose
of these meetings will be to discuss quality of work -life -
productivity, service, communication and objectives of mutual
concern, not involving matters which have been or are the subject
of collective bargaining between the parties. Policy issues and
procedures arriving out of a particular grievance may be
discussed by this committee, however, any determinations as a
result of said discussions shall first be reviewed by the Office
of 'Labor Relations. Issues presented and discussed by this
committee do not circumvent or eliminate the process for filing
grievances as set forth in the labor agreement. Discussion shall
be limited to matters on the Agenda, but it is understood that
these Labor/Management Partnership Committee meetings shall not
be used to renegotiate this Agreement. All decisions made by the
Labor/Management Partnership Committee shall be by affirmative
consensus.
12.3 Meetings shall be conducted on a semi -formal basis,
following an agenda which shall include items submitted by any
members of the Committee to the Chief of Police at least five (5)
working days prior to the meeting, together with such information
as may be helpful in preparing a meaningful agenda program. The
agenda shall be provided to each member of the Committee and one
95- 225
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5w.
(1) copy forwarded to the Office of Labor Relations. The Chief
of Police shall arrange for minutes to be taken of each meeting
and for the distribution of copies to each member of the
Committee, the Labor Relations Office and the Office of the City
Manager.
ARTICLE 13
DEPARTMENT DISCIPLINARY REVIEW BOARD
13.1 It is the purpose of the Departmental Disciplinary
Review Board to provide a method of ascertaining the fairness and
consistency of punitive action for infractions of the
Departmental Rules and Regulations, Departmental Orders and other
Departmental Directives. A part of this review process is the
Departmental Disciplinary Review Board which makes advisory
determinations and non -binding recommendations to the Chief of
Police on matters of discipline. Departmental actions against an
employee 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 adjudicatory or quasi-
judicial powers. As such, its hearings are nonadversary in
nature; the employee appears before the Board voluntarily at
his/her request, the employee shall be entitled to re resentation
9y—e 225
W&M
by an employee of his choice and shall be permitted to examine
witnesses, to present evidence and testimony', to cross-examine,
and to put on a defense. All sworn bargaining unit employees,
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 employee from a
standing list.
13.2 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 employee 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 employee upon appeal within ten (10) calendar days
shall be afforded a Departmental Disciplinary Review Board
Hearing.
13.3 Since the Departmental Disciplinary Review Is at the
request of, and for the benefit of, the employee, 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 employee will be working during the hours
that the Board is convened.
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13.4 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
employee. Should an accused employee facing termination request
to continue a hearing or delay its convening, then it is agreed
that the employee shall waive his emoluments in exchange for the
continuance of the hearing. Continuance or delay. of the
Departmental Disciplinary Review Board upon the employee'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.
13.5 Administrative actions taken that result in the
employee being carried "W" or "WW" shall not be subject to the
review of the Department Disciplinary Review Board.
ARTICLE 14
RECALL,AND COURT TIME
14.1 If an employee is recalled to work or required to
attend court at a time other than his scheduled work shift, he
shall be credited with a minimum of three ( 3 ) hours at one and
one-half times his straight time hourly rate or an equivalent
amount of scheduled compensatory time off.
14.2 An employee performing work or required to attend
court at a time which is continuous with his scheduled work shift
shall be paid at his overtime rate consistent with Article 16,
Overtime/Compensatory Time, and the minimum three (3) hours
Recall shall not apply. 9 - 225
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14.3 Personnel eligible for overtime attending court or
other proceedings arising out of the course of their official
duties one (1) hour or less before their scheduled tour of duty
shall receive one (1) hour of overtime.
14.4 Personnel eligible for overtime attending court or
other proceedings arising out of the course of their official
duties one (1) hour or less after their scheduled tour of duty
shall be paid at their overtime rate, consistent with Article
16 - Overtime/Compensatory Time for the time period from the end
of the employee's work shift to the end of the court proceeding
or for one (1) hour, whichever is greater.
14.5 An employee who is required to attend a court
proceeding as a result of his official duties at a time which is
greater than one (1) hour and less than or equal to three (3)
hours and one minute after the scheduled end of tour of duty,
shall be paid at his overtime rate pursuant to Article 16,
Overtime/Compensatory Time, for either the three (3) hour minimum
or for the number of hours elapsed from the scheduled end of his
tour of duty to the end of the court proceedings, whichever
figure is greater.
14.6 Personnel covered by this Agreement, who are on
authorized disability or sick leave, and are obligated to have a
physical prior to reporting for work, shall not receive call -in
or overtime pay.
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ARTICLE 15
TRANSFERS
15.1 It shall be the sole right of the Chief of Police to
transfer employees between any subsection of the organization as
the exigence of the situation dictates. Employees 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.
15.2 For the purposes of this Agreement, a transfer means a
change for more than five (5) consecutive working days of a work
assignment, a change in hours, or a change in days off.
Specifically excluded from the six (6) day notification period
are temporary changes of 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 employee.
ARTICLE 16
OVERTIME/COMPENSATORY TIME
16.1 Employees shall be paid one and one half (1 1/2)
times their regular rate of pay for all work performed in excess
of an employee's normal work day or in excess of an employee's
normal work week and shall be considered overtime work.
16.2 Employees performing compensable overtime work shall,
at their discretion, be paid time and one-half 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
95- 225
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pg..
shall be all inclusive and no additional compensation in the form
of additional holiday pay, etc., shall be paid..
16.3 The parties agree that the daily overtime
requirements as set forth in this contract shall not apply in any
future FLSA 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.
16.4 The maximum accumulation of compensatory time hours
is two hundred (200) hours. If an employee takes compensatory
time off, the hours in his bank would be appropriately reduced by
such time off. If an employee 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.
16.5 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 not be included in determining eligibility for
overtime. The employee 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-
16.6 The parties agree that overtime hours shall not be
used in the computation of arriving at average earnings for
purposes of establishing pension benefits.
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16.7 The parties agree that assignments of overtime work
shall rest solely with the Chief of Police.
16.8 The parties agree that the assignment of overtime
work is on an involuntary basis and any employee refusing
assignment of such work is subject to disciplinary action as
deemed appropriate by the Chief of Police.
ARTICLE 17
4-10 PLAN
17.1 Those operations currently working the four (4) day,
ten (10) hour work schedule will continue through the life of
this Agreement.
17.2 Should the Chief of Police determine the 4-10 Plan in
its entirety or in part is detrimental to the efficient operation
of the Department, he may discontinue all or that portion of the
4-10 Plan deemed to be inefficient after reviewing his reasons
with the President of the Fraternal Order of Police, Lodge No.
20. Should there be a disagreement as to the discontinuance of
the 4-10 Plan, the Employee Organization may grieve according to
the provisions of Article 6, Grievance Procedure. Discontinuance
of the 4-10 Plan may not occur unless the parties agree or an
Arbitrator so rules. Nothing shall preclude Management from
implementing a 4-10 plan in those divisions deemed necessary by
the chief on a temporary or emergency basis not to exceed 30
(thirty) working days. Such temporary or emergency 4-10 plans
shall not preclude Management ending such assignments when
Management determines the 4-10 shift is no longer necessary.
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17.3 The application of the 4-10 plan to Criminal
Investigations Section will be resolved through the
labor/management process.
ARTICLE 18
STANDBY
18.1 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 the employee'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 19
WAGES
19.1 The City agrees to increase the current wage rates in
accordance with the following schedule. The increases will be
effective on the first day of the first full pay period following
the dates indicated.
January 1, 1997 - 4%
October 1, 1997 - Reopener
19.2 All new hires in the classification of Police Officer
will be paid 12 1/2% 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, employees in the classification of Police
95- 225
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Officer shall be eligible for step increases in the same manner
prescribed for employees in other bargaining unit
classifications. Employees hired directly as certified Police
Officers without prior law enforcement experience 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.
19.3 A sixteen (16) and twenty one (21) year longevity
half step of 2.5 percent each, will be implemented effective the
first full pay period following October 1, 1994. The sixteen
(16) and twenty one (21) year longevity will be granted in the
same manner as the ten (10), fifteen (15) and twenty (20) year
longevity steps.
19.4 In lieu of an across-the-board pay raise for fiscal
year 1993-94 and continuing thereafter, employees shall upon
retirement (all kinds, including vesting), receive a retroactive
salary increase of five percent (5%) for the employee'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.
19.5 Effective upon ratification of the labor agreement,
any City of Miami employee, unless a former police bargaining
unit employee as specified in 19.6, that transfers or is hired as
a police officer into the Police Department as a uniformed
bargaining unit employee shall be placed at the police recruit
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wage rate as specified above in Section 19.2 and shall serve a
full probationary period of eighteen (18) months.
19.5 Former police bargaining unit employees 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 employees having one
(1) to four (4) years, and eleven (11) months of
previous continuous service as a police bargaining
unit employee will be placed at Step 1 of Salary
Range 24 of the police officer classification.
Former permanent police bargaining unit employees
having five (5) or more years of previous continuous
service may be placed at Step 3 of Salary Range 24 of
the police officer classification.
C) Serve a twelve (12) month probationary period.
19.7 Sworn employees hired from other police agencies as
sworn City of Miami police officers without being required to
attend the academy shall be placed at Step 1 of the
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j'&.v
classification of police officer and shall serve a twelve (12)
month probationary period.
19.8 Effective the first full pay period following
ratification of the labor agreement, all bargaining unit members
assigned by the Chief of Police as a Neighborhood Resource
Officer shall accrue a five percent (5%) pay supplement on their
base rate of pay.
19.9 Effective the first full pay period following May 24,
1990, the six (6) bargaining unit members actively assigned to
the bomb squad shall accrue a 5% supplement on their base rate of
pay.
19.10 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
19.11 An employee 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 an employee's average earnings for pension
purposes.
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14.,
1 `1
19.12 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.
19.13 Leaves of absences without pay or suspensions of any
duration shall delay anniversary increases by the period of time
involved.
19.14 Employees 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.
19.15 Employees shall become eligible for a fifteen (15)
and twenty (20) year longevity increase 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)
or twenty (20) year longevity increases_ 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.
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19.16 Any pay supplements received shall be calculated on
the employee's base rate. Should an employee cease to be
eligible for a pay supplement yet the employee continues to
receive the pay supplement, said pay supplement shall be
recovered by the City through biweekly pay deductions from the
employee's paycheck. Such biweekly deductions will be deducted
at the same rate or amount as the employee was over paid. If the
employee ceases to be an employee of the City, any balance due
will be deducted from any monies due the employee.
19.17 Any bargaining unit employee, 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.
All active sworn bargaining unit members shall
receive Crime Prevention pay in the amount of $76.80 biweekly.
Crime Prevention pay shall be subject to pension deductions and
applicable federal taxes and shall be included in calculating an
employee'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 $.96
per hour.
19.18 As part and in consideration of benefits provided in
this Agreement to the Union and the Union'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 Union
that it will be able to fund this Agreement. 9 5 - 225
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The City hereby knowingly, intelligently and
unequivocally waives its right not to 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 20
TOTAL AGREEMENT
20.1 The parties agree that this Collective Bargaining
Agreement represents the total agreement for terms and conditions
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MUM
of employment during the life of this contract and no request
shall be made to increase other employee benefits through the
Civil Service Board, or the City Commission during the life of
this Collective Bargaining Contract.
20.3 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 employee benefits not specifically provided for in
this Collective Bargaining Agreement.
ARTICLE 21
HOLIDAYS
21.1 The following days shall be considered holidays!
New Year's Day Columbus Day
Washington's Birthday Veterans' Day
Memorial Day Thanksgiving Day
Independence Day Day after Thanksgiving
Labor Day Christmas Day
Dr. Martin Luther King's Birthday
21.2 Any additional holidays declared by official
directive of the City Manager shall be added to the above list.
21.3 Employees performing work on any of the above
holidays shall be paid time and one-half of their straight time
hourly rate or shall be given scheduled compensatory time at the
rate of time and one-half but such pay for a holiday worked shall
not be paid in addition to overtime pay.
95- 225
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21.4 All conditions and qualifications outlined in Article
16, titled "Overtime/Compensatory Time," shall apply to this
Article. Hours 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 personnel who are assigned to
administrative positions shall observe holidays on the same dates
as the civilian employees of the City.
ARTICLE 22
EARNED PERSONAL LEAVE (FLOATING HOLIDAY)_
22.1 Upon ratification of this Agreement, it is agreed
that sworn members of the bargaining unit 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 employee and his
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 employee during the calendar
year or be forfeited. The earned personal leave hours off are
not subject to being converted to cash during the employee's
employment or as severance pay upon the employee terminating his
employment with the City. There shall be no liability to pay any
overtime under this Article.
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$18:.
ARTICLE 23
UNIFORM ALLOWANCE
23.1 All employees authorized to receive a clothing
allowance shall receive a clothing allowance of $55.00 per month
except employees who are absent without pay, employees using time
from the Employee Organization time pool, employees who are on
military leave, and employees who are placed on disability leave
shall receive prorated payments.
Authorized employees 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.
Employees temporarily transferred to a position
normally receiving a clothing allowance shall not receive the
allowance unless specifically authorized by the Section
Commander.
23.2 For the purposes of this Article only, employees
temporarily transferred at Management's discretion to a position
normally authorized to receive a clothing allowance will not
receive a clothing allowance unless their transfers exceed thirty
(30) consecutive working days.
23.3 For fiscal year 1995-1996, sworn uniform 'personnel
will not receive the designated uniform allotment as specified
below in Sections 23.4, 23.5, 23.6 and 23.7. Thereafter, the
designated uniform allotment will be allocated every other year.
This provision will not apply to police officers who have not yet
received their fourth uniform allotment.
MON
95- 225
fig,
23.4 Once each year, at a time designated by the Chief,
sworn uniform personnel may request up to four (4) uniform
trousers/skirts, six (6), uniform shirts and one (1) uniform hat.
Such replacement will require the requesting party to turn in the
used uniform he/she is requesting be replaced.
23.5 A11 sworn personnel, depending on assignment or
exhibited need, shall be furnished one (1) set of coveralls, one
(1) set of raingear, one (1) helmet, one (1) summer jacket, one
(1) winter jacket, which shall be replaced as needed.
23.6 In lieu of the above designated uniform allotment,
sworn uniform personnel may select, upon their fourth allotment
as a police officer and thereafter, two (2) shirts and two (2)
trousers/skirts or a combination of uniforms and leather
accessories from a list provided by the department not to exceed
$105. Should sworn personnel elect not to receive leather
accessories, the uniform allotment shall be as described above.
23.7 Employees authorized to receive a clothing allowance
as specified above may select, upon their fourth allotment as a
police officer and thereafter, one (1) shirt and one (1)
trouser/skirt or a combination of uniforms and leather
accessories from a list provided by the department not'to exceed
$60. Such selection shall be in lieu of the employee's normal
uniform allotment.
In the selection of leather accessories and/or
uniforms, the employee will not be entitled to a credit or refund
should such selection not equal the dollar amount specified
above.
95- 225
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0
23.8 The City will reimburse any male full duty sworn
officer of
the bargaining unit up to $450.00 and any female full
duty sworn
officer of the bargaining unit up to $500.00 for the
purchase of
a bulletproof vest. The Chief of Police will supply
the Employee Organization with a list of authorized vests and
approved vendors.
23.9
Employees covered by this Agreement who purchase a
bulletproof
vest which is on the Police Chief's approved list of
bulletproof
vests will be reimbursed as outlined in this Article
subject to the following;
A)
The Officer 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 up to $450
when the employee elects to buy a new vest from the
approved list, consistent with the requirements of
Paragraph A.
C)
Upon termination of employment from the City under
honorable conditions, an employee with five (5) years
of service may retain his vest by making payment of
fifty ($50) dollars to the City. Similarly, an
employee who terminates his employment under_
honorable conditions with ten (10) years of service
shall be awarded his vest upon request. Employees
95- 225
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4,
with less than five (5) years of service at the time
of termination shall return vests to the City.
D) A bargaining unit employee shall reimburse the City
for the repair or current replacement cost of lost,
stolen, or damaged City equipment when the employee's
careless and/or negligent act(s) resulted in the
loss, theft, or damage. Provided, 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.
ARTICLE 24
PREVAILING BENEFIT
24.1 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.
24.2 The City and the Employee Organization 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.
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c
ARTICLE 25
GROUP INSURANCE
25.1 The City agrees to pay $6.92 per pay period toward
the cost of life insurance and accidental death and dismemberment
coverage as currently enjoyed by the members of the bargaining
unit.
25.2 The City shall contribute $103.64 per pay period
toward the cost of employee health coverage and $157.40 per pay
period toward the cost of family coverage where the employee
elects such coverage.
25.3 If the total FOP Health Trust fund drops below
$2,350,000 over the combined twelve (12) months of Fiscal Years
1995-96, Fiscal Year 1996--97 or Fiscal Year 1997-98, then the
City agrees to reimburse the FOP Health Trust for the difference
bringing the FOP Health Trust up to the $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.
25.4 For Fiscal Years 1995-96, 1996-97 and 1997-98, 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
$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.
25.5 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 $2,350,000 level.
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25.6 The Employee Organization shall maintain its own
group health, life and accidental death and dismemberment
insurance plan. All current, future, and retired sworn police
employees shall be eligible to participate in the Employee
organization's plan, but shall forfeit the right to participate
in the City's plan.
25.7 Upon request, the Employee Organization and its
insurance plan administrator shall permit the City to review any
records related to the Employee Organization's health insurance
plan.
25.8 The Employee Organization's plan shall provide health
insurance benefits that are reasonably comparable to those
provided by the City's plan.
25.9 The Employee Organization 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 Employee Organization's health insurance
plan.
25.10 The City reserves the exclusive right to set and
amend rates charged to sworn police employees who participate in
the City's plan.
25.11 The Employee Organization agrees to enroll sworn
management personnel in its plan if those individuals elect such
coverage.
25.12 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:
95- 225
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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 26
PROVISIONS IN CONFLICT WITH LAW
26.1 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 or portions.
26.2 Notwithstanding any other provisions of this
Agreement, the employer may take all actions necessary to comply
with the Americans with Disabilities Act.
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ut:.
ARTICLE 27
EMPLOYEE ORGANIZATION TIME POOL
An employee organization time pool is hereby authorized
subject to the following:
27.1 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.
27.2 For each bargaining unit member, except the Employee
Organization 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 employee 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.
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YX,
27.3 Employees 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 Employee Organization may request an
alternate a bargaining unit member be released from duty
during the desired time.
27.4 Employee Organization 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" (Employee Time Pool)
27.5 Any injury received or any accident incurred by a
bargaining unit member whose time is being paid for by the
Employee Organization Time Pool, or while engaged in
activities paid for by the Employee Organization Time
Pool, except the Employee Organization 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 employment by the City within the meaning of
Chapter 440, Florida Statutes as amended, except for
injuries sustained in Dade, Broward or Monroe Counties
while in the course of attempting to halt a felony in
progress or apprehending a fleeing felon.
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27.6 Upon written request through channels the Employee
Organization 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 Employee Organization:
(a) The Lodge President and the designee will reasonably
be available at the F.O.P. office currently located
at 710 S.W. 12th Avenue, Miami, Florida, 33135, for
consultation with the Management of the City.
(b) The Employee Organization 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 "FOP" 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 Employee
Organization; however, the designee must comply with
Section 27.2 of this Article.
(c) The Time Pool will be charged for all hours during
which the Employee Organization 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. 95_ 225
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27.7 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.
27.8 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. Cancelling the Article shall not
preclude further negotiations of future employee pool
time.
27.9 Each bargaining unit member covered by this Agreement may
voluntarily contribute compensatory time and/or vacation
time to the Time Pool in 4-hour increments.
27.10 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
compensatory time or vacation time contributed by the
bargaining unit member to the Time Pool.
27.11 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 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 Employee Organization Time Pool. The monthly
95- 225
AEU'
meetings shall be limited to two (2) hours and shall
involve no more than eleven (11) executive officials.
ARTICLE 28
DISCRIMINATION
28.1 No employee covered by this Agreement will be
discriminated against because of race, creed, national origin,
sex or organization membership. All references in this Agreement
to employees of the male gender are used for convenience only and
shall be construed to include both male and female employees.
28.2 Any employee 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 29
ILLNESS IN FAMILY
29.1 All employees covered by this Agreement may be
allowed to use up to forty (40) hours of accrued sick leave in
any one calendar year when needed 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
if they have raised the employee from infancy regardless of place
of residence and may include any other person who was an actual_
permanent member of the employee's household.
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ARTICLE 30
DEATH IN FAMILY
30.1 Any employee 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 employee. 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 if they have
raised the employee from infancy regardless of place of residence
and may include any other person who was an actual permanent
member of the employee's household. Within thirty (30) calendar
days from the date the employee returns from a death in the
family, the employee 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
Personnel Management Department. Failure to produce the death
certificate will result in the employee reimbursing the City for
any paid leave taken under this Article. Any employee found to
have falsified his application for a "K" day will result in his
or her dismissal.
30.2 It is understood that under certain circumstances the
employee will be unable to obtain a death certificate. In this
event, in lieu of a death certificate, the employee shall submit
a newspaper account showing the death and the relationship of the
deceased to the employee and/or other appropriate criteria as
deemed appropriate by the Office of Labor Relations. 9 5 - 225
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4x
ARTICLE 31
COMMENDATION PAID LEAVE
31.1 The Chief of Police, upon approval of the City
Manager or his designee, may grant up to forty (40) hours of paid
leave to any sworn officer whose job performance is of such an
exemplary or heroic nature as to warrant this special
consideration. This Article shall not be subject to the
Grievance Procedure or arbitration.
ARTICLE 32
FAMILY LEAVE AND LEAVE WITHOUT PAY
32.1 Effective upon ratification of the labor agreement,
bargaining unit employees may request a leave without pay in
accordance with the Family and Medical Leave Act of 1993.
32.2 Upon approval of the Department Director, with the
approval of the City Manager -or his/her designee, a leave without
pay may be granted, for the purpose of entering upon a course of
training or study calculated to improve the quality of the
employee's service to the City through course work directly
related to the employee's job, for a period not to exceed six (6)
months. The request for leave 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.
Any bargaining unit employee requesting said leave of
absence shall be required to submit evidence of registration upon
entering each quarter/semester of school.
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32.3 Upon approval of the Department Director, with the
approval of the City Manager or his/her designee, a leave without
pay may be granted, for a good reason other than specified
herein, for a period not to exceed ninety (90) days. Approval
for said leave of absence without pay is at the sole discretion
of the City Manager or his/her designee and shall not be
appealable to the Civil Service Board or the grievance procedure.
32.4 Bargaining unit employees who desire to take a leave
without pay for any reason specified in this Article must exhaust
all vacation, earned personal leave, and compensatory leave banks
prior to taking a leave without pay.
32.5 Bargaining unit employees who take a leave without
pay for any reasons specified in this Article shall not accrue
leave time. At the expiration of a leave of absence without pay,
the bargaining unit employee shall be returned to the position
vacated when said leave of absence without pay was granted.
Leave of absence without pay during the required probationary
period of service shall extend the probationary period the length
of time used during the said leave of absence without pay.
32.6 The acceptance of another position or engaging in
other employment by the bargaining unit employee while on a leave
of absence without pay shall be deemed a voluntary resignation
from the service of the City of Miami.
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1
ARTICLE 33
VACATION
33.1 Vacation shall be calculated on actual service in the
previous calendar year and shall only be taken after the
completion of six (6) months of actual continuous service. If an
employee is employed prior to the 15th of the month, it shall be
considered as a full month of service and count in proration of ,
vacation. The crediting of vacation shall occur in January of
each year and shall be calculated on actual service in the
previous calendar year.
33.2 Employees shall accrue vacation in accordance with
the following schedule;
Years January's Vacation Hrs
Service Crossed Accrued
0 1 Prorated
1 2 80
2 3 80
3 4 80
4 5 80
5 6 80
6 7 88
7 8 96
8 9 104
9 10 112
10 11 120
11 12 124
12 13 128
13 14 132
14 15 136
15 16 140
16 17 144
17 18 148
18 19 152
19 20 156
20 21 160
21 22 164
22 23 168
23 24 172
24 25 176
25 26 180
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95- 225
At.,
Vacation accrual beyond twenty-five (25) years of
service shall continue to accrue by an additional four (4) hours
per year.
Upon completion of six (6) years continuous service,
employees shall receive anniversary vacation which shall be
credited each year on the employees employment anniversary date.
Refer to the above schedule for crediting of anniversary
vacation.
33.3 Vacations shall be taken by the last payroll period
of the calendar year in which the vacation was credited. The
last payroll period ending date for calendar year 1995 is
December 23, 1995. Employees shall only be allowed to carryover
one hundred and fifty (150) hours of the previous year's credited
vacation. Any excess vacation over the one hundred and fifty
(150) hour automatic carryover shall be forfeited as of the last
payroll period of the calendar year in which the vacation was
credited. Employees who were on disability at the time of their
scheduled vacation shall be paid for all excess vacation over one
hundred and fifty (150) hours at the rate of pay the employee was
earning at the time the employee was placed on disability. If an
employee is unable to take a previously authorized vacation due
to cancellation by his/her Department, any hours in excess of the
one hundred and fifty (150) hours which would have been forfeited
shall be paid for at the employee's January 1, hourly rate of
pay.
33.4 An employee's annual vacation accrual shall be
reduced for leaves of absence without pay and suspensions. The
95- 225
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;.r_
employee's annual vacation accrual shall be reduced on a yearly
basis in accordance with the following schedule:
Hours
Lost Without Pav
Penalty
88
- 176
Hours
1
month
annual
vacation
accrual
177
- 349
Hours
2
months
annual
vacation
accrual
350
- 522
Hours
3
months
annual
vacation
accrual
523
- 695
Hours
4
months
annual
vacation
accrual
696
- 868
Hours
5
months
annual
vacation
accrual
869
- 1041
Hours
6
months
annual
vacation
accrual
1042
- 1214
Hours
7
months
annual
vacation
accrual
1215
- 1387
Hours
8
months
annual
vacation
accrual
1388
- 1560
Hours
9
months
annual
vacation
accrual
1561
- 1733
Hours
10
months
annual
vacation
accrual
1734
- 1906
Hours
11
months
annual
vacation
accrual
1907
- 2080
Hours
12
months
annual
vacation
accrual
33.5 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.
.ARTICLE 34
BLOOD DONOR
34.1 Employees covered by this Agreement who volunteer as
blood donors to contribute to City supported 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.
95- 225
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0
ARTICLE 35
SICK LEAVE
35.1 The parties agree that care and discretion shall be
exercised by Management and the Union in order to prevent the
abuse of sick _leave privileges. Absences on account of trivial
indispositions must be discouraged. To determine the extent or
reasons for an employee's absence on sick leave, the employee's
immediate supervisor or management designee may visit the home of
the employee on sick leave with pay. In cases where Management
suspects that an employee is malingering, sick leave with pay
shall not be granted.
35.2 Permanent bargaining unit employees 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
employee is in pay status at least fifteen (15) working days per
month.
35.3 Employees in probationary status will accrue sick
leave in accordance with Section 2. However, no sick leave with
pay shall be granted during the employee's first three (3) months
of employment.
35.4 In order to receive sick leave with pay, an employee
must take steps to notify his/her immediate supervisor or the
person designated by the Department to receive such notice of
illness within thirty (30) minutes after the time scheduled for
the beginning of the employee's daily duties. It shall be the
employee's responsibility to notify his/her Department each day
the employee will be out ill within the time frames outlined
above. 95-- 225
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35.5 Any employee absent on sick leave for more than three
(3) consecutive work days must report to the Department of
Personnel Management and obtain approval before returning to
work.
35.6 No banked leave time may be substituted for sick
leave unless an employee's sick leave bank has been depleted.
35.7 Effective the payroll calendar year (December 27,
1992 to December 25, 1993) and each payroll calendar year
thereafter, employees 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.
35.8 Employees covered by this Agreement who exercise
normal retirement (excluding employees who leave on vested
rights) after October 1, 1993, 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
leave above seven hundred fifty (750) hours. Employees 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.
The City and the Union will continue to negotiate on
a plan whereby retiring employees may have an option of leaving
95- 225
_57_
all or a portion of thier severance pay in a City account for the
purpose of paying health premiums for City group insurance with
pretax dollars (referred to as Health Insurance Bank).
Possibilities of active employees (at their option) moving time
into a Health Insurance Bank will also be explored.
35.9 Employees 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 accumulated sick leave.
35.10 Employees 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.
35.11 When an employee, in the face of termination by the
Department Head/City Manager, voluntarily resigns his employment,
he shall be deemed to have forfeited the right to any payoff
provision for accumulated sick leave.
35.12 Payoff for accumulated sick leave shall not be used
to calculate average earnings for pension purposes.
35.13 When a bargaining unit employee is unable to work due
to an extended, non -work related illness and the employee's sick
leave, earned time, and vacation time become fully depleted,
bargaining unit employees may donate credited vacation and/or
earned time to the affected employee in increments of four (4)
hours or more. Such time may only be donated by employees whose
hourly rate of pay is equal to or greater than that of the donee.
Such donations of time shall be submitted for approval by the
95- 225
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 employee may
request consideration from the Labor Relations Officer for a time
transfer. The Labor Relations Officer's decision shall be final.
ARTICLE 36
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
36.1 In an effort to identify and eliminate on or off duty
controlled substance/alcohol abuse, urinalysis/blood tests*
*(blood tests as referenced in Section 36.3 of the Memorandum of
Understanding on Article 36, Substance/Alcohol - Personnel
Screening shall be utilized solely for testing blood alcohol
content) shall be administered as provided herein;
A) Each sworn employee will be notified once during each
calendar year that, on. the day of notification, he or she
will report to the testing laboratory for a urinalysis.
B) Following any vehicular accident occurring on -duty, on an
off -duty detail or traveling to or from same involving
employee(s) where a staff level officer has 'reasonable
belief based upon objective factors that the involved
employee(s) may be under the influence of alcohol or may
have been using, possessing, dispensing or selling
controlled substance, unlawful, mind -altering, or non --
physician prescribed drugs.
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C) Where a staff level officer has a reasonable belief based
upon objective factors that the employee has possession or
is using, dispensing, or selling any illegal drug or
controlled substance not prescribed by a licensed physician.
D) Where a staff level officer has a reasonable belief that the
employee is under the influence of alcohol on duty, or on an
off -duty detail, or traveling to or from same, or while
covered for portal to portal pay for workers' compensation.
36.2 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.
Refusal to comply with an order to submit to such an
examination will constitute the basis for disciplinary action up
to and including dismissal. .
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.
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 employee request
same. The parties recognize that the Third District Court
of Appeal has ruled in Case No. 85-2863 that requiring police
officers to submit to drug testing is not a mandatory subject of
95.- 225
collective bargaining, and that the FOP will be seeking review of
the decision by the Florida Supreme Court. The parties agree
that, should the City ultimately prevail in the Florida Supreme
Court, or if that court refuses to review the Third District's
decision, the parties shall meet to confer regarding this Article
and the related Memorandum of Understanding. By negotiating with
the FOP concerning this Article, the City does not waive any
rights.
ARTICLE 37
HEART BILL
37.1 The provisions of Florida Statutes Section 112.18,
currently applicable to firefighters shall be extended to cover
all sworn employees in the bargaining unit.
ARTICLE 38
,SWORN OFFICERS KILLED IN THE LINE OF DUTY
38.1 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 within 12 months of the
incident from his or her wounds shall be given a 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 $100,000 from the City of Miami upon said
employee's death. Application shall be made to the Personnel
Management Department for payment of such death benefits.
95- 225
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4_1
ARTICLE 39
CQURT APPEARANCE
39.1 Attendance in court in response to legal order or
subpoena to appear and testify in private litigation not in
connection to an employee's official duty, but as an individual
shall be taken as EPL, vacation, compensatory leave, or leave of
absence without pay.
ARTICLE 40
RESIDENCY
40.1 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)
Dade County resident, (3) resident outside of Dade County.
ARTICLE 41
PENSION
41.1 The parties agree that at this time, they have joined
with the City in a petition to modify the Gates Settlement as it
pertains to COLA Funding, Asset valuation Method, Cost Method,
and resolution of the arbitration related to amortization
approach.
41.2 COLA Distribution - The COLA will be disbursed in
future years consistent with the methods agreed upon by the
parties named herein:
95- 225
-62-
A) A representative of IAFF, Local 587
B) A representative of FOP, Lodge No. 20
C) The City Manager's designee and the Labor
Relations Officer
D) A representative of the FIPO Pension Board
41.3 Employees eligible for service retirement under
Section 40-212 (A) and (B) of the Code shall be entitled to:
A) Rule of sixty-four (64). An employee may elect
service retirement on the basis of his or her
combined age and creditable service equalling
sixty-four (64) provided the employee has reached
minimum vesting requirements.
B) Leave balance payoff options. Employees electing
to retire may select only one (1) of the two (2)
following leave balance payoff options:
1) Payment of leave balances upon retirement as
currently specified under the labor agreement
and/or leave payoff practices.
2) The City shall fund up to a maximum of three
(3) whole creditable service years for the
employee based upon the value of the
employee's available leave balance at time of
retirement less required withholding taxes at
present value as actuarialy determined for
each individual employee. Upon exhausting
the value of the leave balances, employees
may purchase the remainder of the three (3)
95- 225
--63-
years by payment of cash to the Pension
Trust. The hourly rate for calculation of
the leave balances shall be as currently
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 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 balances.
:ARTICLE 42
SENIORITY
42.1 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.
42.2 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.
42.3 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 Chief's designee. 9 5` 225
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ARTICLE 43
VEHICLE PROGRAM
43.1 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) A11 sworn employees residing within the
jurisdictional boundaries of the City of Miami will
be provided with an assigned twenty-four (24) hour
vehicle and radio at no cost to the employee.
B) The Employee Organization agrees to encourage its
members to reside in the City of Miami.
C) On a voluntary basis, all sworn personnel in the
bargaining unit residing outside the City of Miami
will be assigned a twenty-four (24) hour vehicle and
radio. The assignment of these vehicles will be
phased in over a three (3) year period with no more
than two hundred, and fifty (250) additional vehicles
being assigned each year on the basis of seniority of
the first two (2) years and the remaining requisite
number of vehicles assigned the third year.
D) Vehicles currently assigned to units will be assigned
to employees within the unit.
E) Twenty-four (24) hour vehicles will only be used for
travel to and from the employee's home to work or any
function within the scope of their official duties.
E) Twenty-four (24) hour vehicles will only be used for
personal reasons within the boundaries of the City of
Miami. 95- 225
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G) The Employee Organization will encourage their
members to make their personal purchases at locations
within the City of Miami.
H) Any employee 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:
1 Month Reasonable action
Minor damage
No one placed in danger
2 Months Reasonable action.
Major damage ($2,500) or someone
placed in danger.
3 Months Unreasonable action
Minor damage
No one placed in danger
6 Months Unreasonable action
Minor damage ($2,500) or someone
placed in danger.
I) Assigned vehicles unavailable due to maintenance,
repairs or damage will not require the replacement of
said vehicle on a twenty-four (24) hour basis.
J) Departmental policy on the use and operation of
police vehicles shall apply.
K) The Employee Organization will request 'the City
Commission to extend the current limits on police
vehicles set by Resolution #89-794. The new limits
will be five (5) years or seventy thousand (70,000)
miles.
L) vehicles determined to be unsafe to drive by the
General Services Administration and Solid waste
Department will automatically be taken off-1 �_ 5
-66-
M) Departmental policy on damage of a City vehicle shall
apply.
ARTICLE 44
TERM OF AGREEMENT
44.1 After a majority vote of those bargaining unit
employees voting on the question of ratification and thereafter
upon its ratification by an official resolution of the City
Commission ratifying the Agreement and authorizing the City
Manager to sign the Agreement on behalf of the City, then., the
Agreement, upon being signed by the appropriate Union
representatives and the City Manager, shall become effective
October 1, 1995, except where otherwise stipulated. The
Agreement shall continue in force and effect until 11:59 p.m.,
September 30, 1998, provided, however, that the parties shall
meet no later than June 1, 1997 to reopen negotiations to discuss
Article 19 - Wages.
44.2 On or before May 1, 1997, the Employee Organization
shall notify the City in writing of its intention to renegotiate
the Agreement in force, and attached thereto shall include a
complete list of proposals which shall inform the City of the
items which they desire to negotiate, together with specific
language embodying and describing their proposals. The changes
indicated in the proposals shall be designated with a strike
through of deleted language and new language will be underlined.
44.3 On or before May 1, 1997, the City will present the
Employee Organization with a list of proposals it desires to
95- 225
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10,
negotiate, together with specific language describing its
proposals. The changes indicated in the proposals shall be
designated with a strike through of deleted language and new
language will be underlined.
44.4 Initial discussions shall thereafter, and no later
than June 1, 1997, be entered into by the City and the Employee
Organization.
44.5 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.
44.6 If a Constitutional Amendment is adopted which
reduces the City's ability to acquire revenue and causes the City
Manager to deem necessary the underfunding 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 Employee Organization
and by the City Manager.
95- 225
FRATERNAL ORDER OF POLICE
WALTER E. HEADLEY, JR.
MIAMI LODGE NO. 20
THE CITY OF MIAMI, FLORIDA
CESAR H. ODIO, CITY MANAGER
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND CORRECTNESS
CITY ATTORNEY
95- 225
ADDENDUM NO 1 (2 Pages)
MEMORANDUM OF UNDERSTANDING
RE: ARTICLE 36 SUHSTE./ALCOHOL - PERSONNEL SCREENING
This memorandum of understanding is for the purpose of
implementing the provisions of Article 36, Substance/Alcohol -
Personnel Screening. It is not intended to alter or amend the
Article.
1. If the reasonable belief giving rise to the testing
order arises while the officer 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 officer is off duty and the officer 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 tour of duty or the next morning, which ever
occurs first; unless there are compelling reasons not
to wait until that time.
3. Employees shall give either a blood sample (only to be
used for testing blood alcohol content) or a urine
sample as directed by Management at either a hospital
or accredited testing lab, as chosen by the City.
During said test, the officers shall provide sufficient
urine for the laboratory to secure two (2) samples to
be tested. The unused sample shall only be tested if
requested within 24 hours by the officer b�LN tly'W .
-70-
4. Officers may, upon request, have an F.O.P.
representative 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 recorded 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 employee taking the test
have more than one representative present.
S. Any test showing a "positive" result will be confirmed
by the GCMS method before administrative action is
commenced.
6. Officers shall be notified of a positive result and be
given an opportunity to request that the remaining
sample be tested. In no event shall the test of the
remaining sample be requested to be tested later than
24 hours after the notice that the test of the first
portion of the sample was positive. Notice to the
employee of the test being positive shall be considered
to have been served upon the employee by a
representative of the Department delivering a.notice to
the Officer's last known residence as shown on the
Department's personnel roster.
7. All chemical tests shall be conducted as soon as
practical, preferably the same day.
B. The F.O.P. will be advised of passed or failed tests to
the extent that the releasing of such data is not
95- 225
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C
inconsistent with Federal or State laws regarding the
privacy of said test or if the individual involved does
not want this test results released to F.O.P.
FRATERNAL ORDER OF POLICE,
MIAMI LODGE NO. 20
Ornel Cotera
President
DATE;
-72-
FOR THE CITY OF MIAMI,
MIAMI, FLORIDA
R. Sue Weller
Labor Relations Officer
95- 225
G
. •SDI �
Class, 1st 2nd
Code Salary Longevity Longevity Lo
Number Class Title Ran Ste i.-Sten 2 Ste 3 to 4 Step 5 Ste-6 Ste 7 10 1 �
5005 Police Officer 24C *29,111 30,596 32,193 33,768 35,455 37,188 39,077 40,990 43,104 '4d
w : 5011 Police Sergeant 27C 33,768 35,455 37,188 39,077 40,990 43,104 45,197 47,469 49,876 52
t
5012 Police Lieutenant 30C 39,077 40,990 43,104 45,197 47,469 49,876 52,396 54,938 57,728 6C
5013 Police Captain 33C 45,197 47,469 49,876 52,396 54,938 57,728 60,675 63,712
5003 *Police Recruit Salary: 25,472
(Entry level Police Recruits will he paid 12
1/2a less than Step 1 of Police Officer for
the first six months).
(*Note: No Across -the -Board Increases for FY 95-96
da'
Cn
66,839 7C
APPEIQDIX 110 11
Class, 1st 2nd 3rd 4th
Ccde Salary Lng Lng Lng Lng
Number Class Title Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 10 ors 15 yrs 16 yrs 20 yrs
5005 Police Officer 24C *30,275 31,820 33,481 35,119 36,873 38,675 40,640 42,629 44,829 45,949 48,247
5011 Police 27C 35,119 36,873 38,675 40,640 42,629 44,829 47,004 49,368 51,871 53,168 55,826
Sergeant
5012 Police 30C 40,640 42,629 44,829 47,004 49,368 51,871 54,492 57,135 60,037 61,538 64,615
Lieutenant
5013 Police Captain 33C 47,004 49,368 51,871 54,492 57,135 60,037 63,102 66,260 69,512 71,250 74,813
5003 *Police Recruit
Salary; 26,491
(Entry level Police Recruits will be paid 12
1/2% less than Step 1 of Police Officer for
the first six months),
*Note: No Across -the -Board Increases for FY 95-96
cr►
I
?NL
ts:
w
APPENDIX "C"
BARGAINING UNIT
CLASS CODE NUMBER
5005
5011
5012
5013
EXCLUDED CLASSIFICATIONS
8077
8182
-75-
CLASS TITLE
Police Officer
Police Sergeant
Police Lieutenant
Police Captain
Police Major
Executive Assistant to
Chief of Police
Sr. Executive Assistant to
Chief of Police
Assistant Chief of Police
Chief of Police
Auxiliary Police Officer
95- 225
CITY OF MIAMI, FLORIDA
i
INTER -OFFICE MEMORANDUM 17
To: Honorablp Mayor and Members DATE:
of th ity Commission
SUEUECT :
FROM : Cesar H. Odio REFERENCES:
City Manager
ENCLOSURES:
MAR 201995 FILE :
Resolution Ratifying 1995-
1998 Labor Agreement Between
the City of Miami and FOP,
Lodge No. 20
It is recommended that the City Commission adopt the attached
Resolution authorizing the execution of a labor agreement between
the City of Miami and the employee organization known as the
Fraternal Order of Police, Walter E. Headley, Jr., Miami Lodge
No. 20 (FOP) for the period of October 1, 1995 - September 30,
1998.
Under Florida Statutes, Chapter 447, the City is required to
bargain collectively with the certified bargaining
representatives of the FOP, Lodge No. 20. In conjuncti--• with
the Retirement Incentive Program, the City and FOP, Lodge No. 20
have reached a successor labor agreement acceptable to_ both
sides.
As a result of those negotiations, the City and FOP, Lodge No. 20
have a agreed to a three. year labor agre m-ent. This agreement
provides for a 0% across-the-board increas+: for fiscal year 1995-
96, a 4% across-the-board increase in January 1997 and a reopener
on wages for fiscal year 1997-98.
Other benefits negotiated include continuation of the provision
for retirement under the Rule of 64 and the purchase up to a
maximum of three whole years of service upon retirement at
present value with after-tax dollars utilizing employee leave
balances; employment preference in order of City residency first,
county residency second and thereafter residency outside of the
county; workers' compensation coverage of the Union President and
designee released full-time on Union time pool; and funding
issues to be submitted to arbitration if the City is unable to
fund benefits for the second and third year of the labor
agreement.
Additionally, the Union has agreed to uniforms being issued every
other year which will be a savi s to the City.
95- 225
Honorable Mayor and Members
of the City Commission
RE: Ratifying FOP Labor Agreement
.Page 2 of 2
It is requested that the City Manager be authorized to enter into
the attached labor agreement for 1995-1998 between the City of
Miami and FOP, Lodge No. 20.
cc: Manohar Surana, Assistant City Manager
A. Quinn Jones, City Attorney
Ramon Irizarri, Assistant City Attorney
95- 225