HomeMy WebLinkAboutR-92-0228J-92-258 RESOLUTION NO.9 9.- 2 1 8
3/19/92
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A RESOLUTION, WITH ATTACHVIENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO A COLLECTIVE BARGAINING
AGREEMENT 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, 1991
THROUGH SEPTEMBER 30, 1993 UPON THE TERMS AND
CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT.
BE IT RESOLVED BY THE CCWISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to enter into a
Collective Bargaining Agreement 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, 1991 through September 30, 1993 upon the terms and
conditions set forth in the attached Agreement.
Section 2. This resolution shall became effective immediately upon its
adoption.
PASSED AND ADOPTED this 2nd day of April , 1992.
ATTEST:
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
RA MON I R I ZAPJyv
ASSISTANT CXrY ATTORNEY
XAV I ER L . ,SU*EZ , MA
CITY COP1LTdISSION
VIEETILIG Or
APR n 2 1992
Resolution No.
92-- 228
J-92-258
3/19/92
RESOLUTION NO. ` 22280
A RESOLUTION, WITH ATTACHdIENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO A COLLECTIVE BARGAINING
AGREEMENT 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, 1991
THROUGH SEPTEMBER 30, 1993 UPON THE TERMS AND
CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT.
BE IT RESOLVED BY THE OCNMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to enter into a
Collective Bargaining Agreement 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, 1991 through Septenber 30, 1993 upon the terms and
conditions set forth in the attached Agreement.
Section 2. This resolution shall become effective Immediately upon Its
adoption.
PASSED AND ADOPTED this 2nd day of April , 1992.
ATTEST:
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
XAV I ER L . ,SL*EZ ,
ATTACNAAENT (S)
C 0:t'IAIUN, ED
RAIVION I R I ZAR I .10NE , I
ASSISTANTr ATTORNEY ITY ATTORNE
CITY COPUdISSION
MEETU. G or
A P P n 2 1992
Resolution No.
92-- 228
31
AGREEMENT
BETWEEN
CITY OF MIAM1, MIAMI, FLORIDA
AND
FRATERNAL ORDER OF POLICE,
WALTER E. HEADLEY. JR., MIAMI LODGE NO. 20
OCTOBER 1, 1991 THROUGH SEPTEMBER 30, 1993
92- 228
TABLE OF CONTENTS
ARTICLE
PAGE
ADDENDUM NO. 1
MEMO OF UNDERSTANDING -
RE: ARTICLE 36, SUBSTANCE/ALCOHOL
PERSONNEL SCREENING ....................
44
ADDENDUM NO. 3
MEMO OF UNDERSTANDING -
46
RE: ARTICLE 26, GROUP INSURANCE.......
I
AGREEMENT...................................
38
.34
BLOOD DONORS...............................11
15
BULLETIN BOARDS ..............•••........••• 31
3b
COMMENDATION PAID LEAVE. ................•••
35
DEATH IN FAMILY........ ..................30
DEPARTMENT DISCIPLINARY
t7
REVIEW BOARD.. .....................13
""".
11
DISCIPLINARY PROCEDURE ...................... 8
34
DISCRIMINATION .. ...... ....................28
27
31
EMPLOYEE ORGANIZATION TIME POOL ..............
28
EARNED PERSONAL LEAVE (FLOATING HOLIDAY) .... 22
21
4-10 PLAN .................................
8.
8
GRIEVANCE PROCEDURE .........................
29
-
GROUP INSURANCE ............................25
41
41
HEARTBILL..... '..........................3
.1
25
�1
i
HOLIDAYS........ ...
2
34
ILLNESS IN FAMILY...........................
13
LINE OF DUTY INJURIES ....................... 9
3
MANAGEMENT RIGHTS ........................... 4
35
MATERNITY LEAVE .............................32
5
4
NO STRIKE.. ...............................
15
�)
NOTICES......................10
TIME •................18
20^
OVERTIME/COMPENSATORY
COMMITTEE 12
15
\t-
LABOR/MANAGEMENT. PARTNERSHIP. ......
1
`l
PREAMBLE.
28
PREVAILING BENEFITS .........................24
31
PROVISIONS IN CONFLICT WITH LAW.............26
18 —
-
RECALL AND COURT TIME.......................14
i
RECOGNITION... ... ....................... 1
2
2
REPRESENTATION OF THE CITY ..................
REPRESENTATION OF THE
2
EMPLOYEE ORGANIZATION .....................
10
RULES OF CONSTRUCTION .......................7
37
SICK LEAVE.... ...........................5
22
STANDBY.....................................
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING ..... 36
39-
SWORN OFFICERS KILLED IN THE LINE OF DUTY ... 38
41
TERM OF AGREEMENT ...........................39
41
24
TOTAL AGREEMENT .............................20
19
TRANSFERS .....................................
26
UNIFORM ALLOWANCE ...........................23
36
VACATION CARRYOVER ..........................33
22
WAGES.......................................19
47
APPENDIX"A"................................
48
APPENDIX"B.................................
49
APPENDIX"C.................................
9?-- 228
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
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.
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.
92- 228
ARTICLE 2
REPRESENTATION OF THE CITY
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
representative for the purposes of negotiations.
ARTICLE 3
REPRESENTATION OF THE EMPLOYEE ORGANIZATION
The Employee Organization shall be represented by the
President or Chairman of the Employee Organization or by person
or persons designated In writing to the City Manager by the
President or Chairman 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 or Chairman 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 or Chairman 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
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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 or Chairman of the Employee Organization or of any
certified 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
The Employee Organization agrees that the City has and
will continue to retain, whether axercised 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
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.
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 C4ty Commission.
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).
Those Inherent managerial functions, prerogatives and
pollcymaking 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.
Delivery. of municipal services In the most efficient,
effective and courteous manner Is of paramount Importance to the
City of Miami. Such achiovement 13 recognized to be a mutual
obligation of both parties within their respective roles and
responsibllitles.
ARTICLE 5
NO STRIKE
"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
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their dut.les 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.
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.
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
Constitutlon 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
Article and the law, Including their responslbllity 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 responslbllity, 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.
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, ,;nd any such action by the
City shall not be grlevable or arbitrable under the provisions of
Article 8 - Grievance Procedure.
92- 228
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ARTICLE 6
GRIEVANCE PROCEDURE
'I. 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.
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.
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
shall be denied.
3. Nothing In this Article or elsewhere In this Agreement
shall be construed to permit the Employee Organization to process
a grievance (a) In 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.
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.
92228
4. 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
Ilmits provided above or not supplemented by a completed and
signed Election of Remedy form shall be conslde-ed conclusively
abandoned. Any grievance not answered by management within the
time limits provided wlII automatically advance to the next
higher step of the Grievance Procedure.
Where a grievance Is general In nature in that It
applies to a number of employees having the same Issue to be
decided, or If the grievance Is directly between the 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.
5. All grievances must be processed within the time
limits herein provided unless extended by mutual agreement In
writing.
Only an employee who has permanent Civil Service
status as a sworn Police Officer In the Miami Police Department
may appeal a suspension, demotion, or dismissal through the
grievance procedure contained In this Agreement or in accordance
with the appeal procedure of the Civil Service Rules, but not
both. Such grievances shall be filed at Step 3 within the time
limits set forth for Step 1.
Disputes Involving the grant of workeres compensation
benefits shall not be subject to this grievance procedure, but
disputes Involving the grant of supplemental disability pay shall
be grievance.
92- 228
8.- Grievances shall be processed In accordance with the
following procedure:
Step 1.
The aggrieved employee shall discuss the grievance with
his Immediate supervisor wlthln 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.
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.
-8- 92- 228
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.
1. If the grievance is not settled In Step 3, It may upon
written request of either the Employee, Employee
Organization or the City within seven (7) working days
after receipt of reply or answer be referred to
arbitration by the Arbitrator.
2. The arbitration shall be conducted under the rules set
forth In this Agreement and not under the rules of the
American Arbitration Association. Subject to the
following, the Arbitrator shall have jurisdiction and
authority to decide a grievance as defined In this
Agreement. The Arbitrator shall have no authority to
change, amend, add to, subtract from, or otherwise alter
or supplement this Agreement or any part thereof or any
amendment hereto. The Arbitrator shall have no authority
to consider or rule upon any matter which Is stated in
this Agreement not to be subject to arbitration or which
Is not a grievance as defined In this Agreement, or which
is not covered by this Agreement; nor shall this
Collective Bargaining Agreement be construed by the
Arbitrator to supersede any applicable laws.
3. It Is contemplated that the City and the 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.
-9- 92- 228
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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.
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 Ilst 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
It Is agreed and understood that this Agreement
constitutes the whole Agreement between the parties.
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 paragraph.
92- 228
ARTICLE 8
DISCIPLINARY PROCEDURE
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
cortmandlno 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 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.
(a) 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
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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.
(1) No mechanical device Including, but not limited to,
polygraph, psychological stress evaluator, at. 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.
()) 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.
(1) 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 for copying.
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(n) The Department will petition the State of Florida,
0 W Islon of Archives and Record Management, for a
retention schedule for Internal affairs files consistent
with the current records program.
ARTICLE 9
LINE OF DUTY INJURIES
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 Worker's Compensation Laws of
the State of Florida.
The City agrees that any employee covered under this
contract who 1 s ' d 1 sab I ed 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 Worker's
Compensation, as provided by Resolution No. 39802 subject to the
following:
1. If an accident has been declared compensable by the City
and the employee files a worker's compensation claim or
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.
2. 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
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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.
3. 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.
4. In recognition of the Employee Organization's cooperation
to eliminate unnecessary litigation as set forth In this
Article and with the expectation of the effective
reduction of said litigation.
5. 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 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."
S. A Labor/Management Committee shall convene after
ratification of this Agreement. The Committee shall be
composed of not more than three (3) representatives of
management and up to three (3) representatives selected by
the FOP, Lodge No. 20. The Committee will review problems
and concerns of each party with regard to the paying of
all medical and hospitalization expenses.
Said Committee shall generate a report within three (3)
months of the date that the Committee was convened even if
It 13 to say that the Committee Is deadlocked on future
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hantilings of this matter. It Is anticipated, In the
spjrit of labor/ management cooperation, with better
understanding of the parties' position, that the Committee
will develop a report reflecting the best Interest of both
the City and the employees.
ARTICLE 10
NOTICES
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.
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.
ARTICLE 11
BULLETIN BOARDS
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.
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ARTICLE 12
LABOR/MANAGEMENT PARTNERSHIP COMMITTEE
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
Ponce.
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 IlmIted 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.
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)
-16- 92- 228
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working days prior to the meeting, together with such Informatlon
as may be -helpful In preparing a meaningful agenda program. The
agenda shall be provided to each member of the Committee and one
(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
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. 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
representation 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.
-17- 92_ 228
Written disciplinary actions that result In loss of time
not In excess of two ( 2 ) tours of duty may be reviewed by the
Chairman 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 Chairman's decision, the disciplined employee
upon appeal within ten (10) calendar days shall be afforded a
Departmental Disciplinary Review Board Hearing.
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.
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 the accused employee request to continue a
hearing or delay Its convening, then It Is agreed that the
employee waives 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.
Administrative actions taken that result In the employee
being carried "W" or "WW" sha I I not be subject to the review of
the Department Disciplinary Review Board.
ARTICLE 14
RECALL AND COURT TIME
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.
-Ib- 92-- 228
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
4
Recall shall not apply.
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.
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 and of the court proceeding, or
for one (1) hour, whichever Is greater.
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.
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.
ARTICLE 15
TRANSFERS
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
92- 228
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where the nature of a particular situation requires an immediate
but temporary reassignment.
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
All work performed in excess of an employee's normal work
day or In excess of an employee's normal work week shall be
considered overtime work provided. that no overtime pay or night
shift differential pay will be awarded for work required to
finish Incomplete work or correct error -laden work products
resulting from an employee's negligence.
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
shall be all Inclusive and no additional compensation In the form
of hourly differential, additional holiday pay, etc., shall be
paid.
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. Practices instituted by management are not
subject to the foregoing sentence.
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
_20- 9 2- 228
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rate of pay earned by that employee during the last pay period of
the fiscal year In which the hours were banked.
The parties agree that overtime hours shall not be used In
the computation of arriving at average earnings for purposes of
establishing pension benefits.
The parties agree that assignments of overtime work shall
rest solely with the Chief of Police.
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
Those operations currently working the four (4) day, ten
(10) hour work schedule wlII continue through the life of this
Agreement.
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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ARTICLE 18
STANDBY
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
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.
October 1, 1991 - 0%
October 1, 1992 - 4%
Upon ratification of the labor agreement, 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 Officer shall be eligible for step
Increases In the same manner prescribed for employees In other
bargaining unit classifications. Employees hired directly as a
sworn Police Officer without being required to attend the academy
may be placed at Step 1 of the salary range of the classification
of Police Officer. However, such employees shall remain at Step
1 for their full probationary period.
Effective the first full pay period following May 24,
1990. the five bargaining unit members actively assigned to the
bomb squad shall accrue a 5% supplement on their base rate of
pay.
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:
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Police Officer - $.40 per hour
Sergeant - $.50 per hour
Lieutenant - S.60 per hour
Captain - $.So per hour
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.
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. Leaves of absences without pay or
suspensions of any duration shall delay anniversary Increases by
the period of time Involved.
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.
-
Effective upon ratification of the labor agreement,
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.
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
i
the effective date of the longevity Increase to be deferred by
the same number of calendar days embraced by said leave.
92- 228
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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.
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 S.98
per hour.
ARTICLE 20
TOTAL AGREEMENT
The parties agree that this Collective Bargaining
Agreement represents the total agreement for terms and conditions
of employment during the life of this contract and no request
shall be made 'to Increase other employee benefits through the
Civil Service Board or the City Commission during the life of
this Collective Bargaining Contract.
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.
92-- 228
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ARTICLE 21
HOLIDAYS
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
Any additional holidays declared by official directive of
the City Manager shall be added to the above list.
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.
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
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
92- 228
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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.
ARTICLE 23
UNIFORM ALLOWANCE
All employees authorized to receive a clothing allowance
shall receive a clothing allowance of $85.00 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.
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.
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.
All 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.
92- 228
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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 and 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.
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 and a combination of uniforms and leather
accessories from a list provided by the department not to exceed
$60. Such selection shall be In IIeu 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.
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.
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 5ulletproof 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 frorn the approved
list, consistent with the requirements of Paragraph A.
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C. Upon termination of employment from the City under
honorable condltlons, 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 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 acts) 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 BENEFITS
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.
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.
92- 228
ARTICLE 25
GROUP INSURANCE
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.
The City shall contribute $97.40 per pay period toward the
cost of employee health coverage and $147.38 per pay period
toward the cost of family coverage where the employee elects such
coverage.
For Fiscal Year 1991-92, the FOP Health Trust shall not
receive any additional funding from the City. However, should
the total FOP Health Trust fund drop below $2,600,000 over the
combined twelve (12) months of Fiscal Year 1991-92, then the City
agrees to reimburse the FOP Health Trust for the difference
bringing the FOP Health Trust up to the $2,800,000 level. Should
a reimbursement be necessary, the City shall pay the difference
to the FOP Health Trust by December 1. 1992.
_ For Fiscal Year 1992-93 the City agrees. effective the
first full pay period following October 1, 1992, to Increase Its
biweekly contribution to $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.
For Fiscal Year 1992-93. If the total FOP Health Trust fund drops
below $2.350,000 over the combined twelve (12) months of Fiscal
Year 1992-93, 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,
1993.
For Fiscal Year 1991-92 and Fiscal Year 1992-93, 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
$2,600,000 level for Fiscal Year 1991-92 and the $2,350.000 level
for Fiscal Year 1992-93. Delays in submitting claims caused by
the review process and the ordinary course of processing claims
_ 92- 228
shall not' be subject to the three and one-half (3 1/2) month
period. _
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 $2,600,000 level and the $2,350,000
level.
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 Clty's
plan.
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.
The Employee Organization's plan shall provide health
Insurance benefits that are reasonably comparable to those
provided by the Clty's plan.
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.
The City reserves the exclusive right to set and amend
rates charged to sworn police employees who participate In the
City's plan.
The Employee Organization agrees to enroll sworn
management personnel In Its plan If those Individuals elect such
coverage.
In the event the City Is required to take back retirees
Into its City Health Plan, the parties herein will promptly meet
and negotiate the following Issues:
A. Continuation of the FOP Health Trust, if any.
B. Placing the active and retired police employees In the
Clty's plan or a City sponsored HMO should one exist.
-30- 9 9 22 Q
C. Dispersal of plan assets, If any, after all claims are
paid.
D. And other such Insurance Issues as may arise.
ARTICLE 28
PROVISIONS IN CONFLICT WITH LAW
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 furl 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.
ARTICLE 27
EMPLOYEE ORGANIZATION TIME POOL
An employee organization time pool Is hereby authorized
subject to the following:
t. The City agrees to establish a time pool bank of six
thousand (8,000) hours per fiscal year to be used In
accordance with the provisions of this Article.
2. For each employee, 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 employee 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 Ilmit may not be met.
The President then shall 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 Ilmit wasn't met, shall result In the
employee rot being paid for all such time requested.
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 an employee cannot be released at the time
desired, the Employee Organization may request an
alternate employee be released from duty during the
desired time.
4. Employee Organization Time Pool hours will be used on an
hour for hour basis, regardless of the hourly rate of the
employee using Time Pool time. In reporting an employee's
absence as a result of utilizing the Organization Time
Pool, the daily attendance record shall reflect:
"Officer Doe on FOP (Employee Time Pool)
5. Any Injury received or any accident Incurred by an
employee 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, 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.
6. Upon written request through channels the Employee
Organization President 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:
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(a) The Lodge President will reasonably be available at
the F.O.P. office currently located at 3399 S.W. 3rd
Avenue, Miami, Florida, 33145, 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 2 of this Article.
(c) The Time Pool will be charged for all hours during
which the Employee Organization President Is on off -
duty release except that absence due to use of
vacation leave, sick leave, holidays, or
compensatory leave will be charged to the
President's employee accounts.
7. All applicable rules, regulations and orders shall apply
to any person on time pool release. Violations of the
above -mentioned rules, regulations and orders shall
subject the employee on pool time to the regular
disciplinary processes currently provided for In the Miami
Police Department.
S. The City reserves the right to rescind the provisions of
this Article In the event any portion of the Article 13
found to be Illegal. Cancelling the Article shall not
preclude further negotiations of future employee pool
time.
9. Each employee covered by this Agreement may voluntarily
contribute compensatory time and/or vacation time to the
Time Pool in 4-hour Increments.
10. Each employee who wishes to donate time will use a time
pool donation form which will be provided by the City.
-- 92- 228
This form shall Include language releasing the City from
any and all IIabIIIty to pay for compensatory time or
vacation time contributed by the employee to the Time
Pool
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
meetings shall be limited to two (2) hours and shall
Involve no more than eleven (11) executive officials.
ARTICLE 28
DISCRIMINATION
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.
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
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 household.
-34- 92- 228
ARTICLE 30
DEATH IN FAMILY
Any employee covered by this Agreement may, In the case of
death In the Immediate famlly, be authorized up to a maximum of
forty (40) hours leave with pay. Said 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 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 famlly, 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 days taken under
this Article. Any employee found to have falsified his
application for a "K" day will result in his or her dismissal.
ARTICLE 31
COMMENDATION PAID LEAVE
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
MATERNITY LEAVE
Sick leave, vacation, and earned time may be used by
female employees when a physician declares that her absence from
work is medically necessary due to unfitness for duty arising
directly out of her pregnancy.
-35- 9 d-- 228
i
�'xF'Ftf1't
Under conditions set forth above, a female employee may take
a leave of absence without pay, not to exceed sixty (60) working
days, after exhausting her vacation, and earned time banks. Any
additional leave of absence without pay shall not be granted
until her sick leave has been exhausted.
The leave of absence referred to In this article shall also
be available to male employees for the purpose of caring for a
newborn child to facilitate parental bonding and family
adjustment. Requests for such leave shall be made Immediately
upon the birth of the child. At the request of the employer, a
birth certificate shall be submitted. Male employees requesting
leave without pay shall not be required to exhaust their sick
leave prior to taking a leave without pay.
ARTICLE 33
VACATION CARRYOVER
Vacations shall be taken within thirteen (13) months after
the and of the calendar year In which the vacation was earned.
Employees shall only be allowed to carryover 100 hours of the
previous year's credited vacation. Any excess vacation over the
100 hour automatic carryover shall be forfeited as of February
13t of each year provided, however. that employees who were on
disability at the time of their scheduled vacation shall be paid
for all excess vacation over 100 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 100 hours which would have been
forfeited shall be paid for at the employee's January 1, hourly
rate of pay.
ARTICLE 34
BLOOD DONORS
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
-36-
9?- 228
what amount of time the donor will need from the point of
donation -till they are released to go back to work.
ARTICLE 35
SICK LEAVE
Section 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 outside the bargaining unit 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.
Section 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.
Section 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.
Section 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 III within the time frames outlined
above.
Section 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.
-37-
92- 228
0-
section S. Upon ratification of the labor agreement,
employees- who have not utilized any sick leave and/or who have
not been In a leave without pay status for a full calendar year
shall receive eight (8) hours of commendation paid leave.
Section 7. Any employees covered by this Agreement who
retire (excluding employees who leave on vested rights) after
November 18. 1978, shall be paid for all unused sick leave up to
a maximum of eight hundred (800) hours, provided however any
employee who as of November 18, 1978 has accumulated sick leave
In excess of eight hundred (800) hours, shall upon (excluding
employees who leave on vested rights) retirement be paid for all
accumulated sick leave up to a maximum of nine hundred sixty
(980) hours. It Is the Intent of this provision that no employee
will be paid for sick leave in excess of eight hundred (800)
hours except to'the extent that such excess existed on November
18, 1978.
Section 8. Any employees not covered by Section 1 of this
Article who retire (excluding employees who leave on vested
rights) after December 4, 1981, shall be paid for all unused sick
leave up to a maximum of six hundred (600) hours, provided
however, any employee who has accumulated sick leave In excess of
six hundred (600) hours after September 30, 1981 but before
December 4, 1981, shall upon (excluding employees who leave on
vested rights) retirement be paid for all accumulated sick leave
up to a maximum of seven hundred (700) hours. It Is the Intent
of this provision that no employee shall be paid for sick leave
In excess of six hundred (800) hours except to the extent that
such excess existed on December 4, 1981.
Section 9. 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.
Section 10. Payoff for accumulated sick leave shall not be
used to calculate average earnings for penslon purposes.
Section 11. When a bargaining unit employee Is unable to
work due to an extended, non -work related Illness and the
-38- 92- 228
W
N
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 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
In an effort to Identify and eliminate on or off duty
controlled substance/alcohol abuse, urinalysis/blood tests*
*(blood tests as referenced In Section 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:
t) 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.
2) Following any vehicular accident occurring on -duty, on an
off -duty detail or traveling to or from same involving
employees) 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.
3) 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.
-39-
92228
� g� { S , �i •_ Y f -. ':Y J } {lYt.T k W . Y�tR . •r
4) 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 worker's compensation.
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 8
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 pollee
officers to submit to drug testing Is not a mandatory subject of
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.
-40- 92,- 228
ARTICLE 37
HEART BILL
The provisions of Florida Statues 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
Any full-time Sworn Miami Police Offlcor 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. Effective upon ratification of the labor
agreement, 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. The effective date of this
article shall be retroactive to January 1, 1988.
ARTICLE 39
TERM OF AGREEMENT
This Agreement shall commence 12:01 A.M., October 1,
1991 and shall continue in full force and effect until 11:59
P.M., September 30, 1993, provided, however, that the parties
shall meet no later than September 1, 1992 to reopen negotiations
to specifically discuss Article 17 - 4-10 Plan as it relates to
the Crlminlal Investigation Section and Residency within the City
of Miami as It relates to new hires.
On or before May 1, 1993, 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 deslre to negotiate, together with specific language
embodying and describing their proposals.
-41- 92- 228
On or before May 1, 1993, the City will present the
Employee -Organization with a Ilst of proposals It desires to
negotiate, together with specific language describing Its
proposals.
Initial discussions shalt thereafter, and no Iater than
June 1, 1993, be entered Into by the City and the Employee
Organization.
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'Clty Administration shall expedite such proposed
amendments to the City Commission.
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.
99- 90Q
-42-
m
Agrleed to this day of 0 1 9_, by and
between _the respective parties through an authorized
representative or representatives of the Employee Organization
and by the City Manager.
ATTEST:
CITY CLERK
FRATERNAL ORDER OF POLICE
WALTER E. HEADLEY. JR.
MIAMI LODGE NO. 20
THE CITY OF MIAMI, FLORIDA
CESAR H. ODIO, CITY MANAGER
APPROVED AS TO FORM
AND CORRECTNESS
Cl ATTORNEY
-43-
92- 228
ADDENDUM NO. 1 (2-Pages)
MEMORANDUM OF UNDERSTANDING
RE: ARTICLE 38 SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
This memorandum of understanding is for the purpose of
Implementing the provisions of Article 38, 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 atIII 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 being tested.
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.
5. Any test showing a "positive" result will be confirmed
-by the GCMS method before administrative action Is
commenced.
8. 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.
8. The F.O.P. will be advised of passed or failed tests to
the extent that the releasing of such data is not
Inconsistent with Federal or State laws regarding the
privacy of sold 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
FOR THE CITY OF MIAMI,
MIAMI, FLORIDA
Ornel Cotera R. Sue Weller
President Labor Relations Officer
DATE:
-45- 9 ,- 228
APPENDIX "A"
EFFECTIVE OCPOBER 6, 1991*
Class,
1st
2nd
3rd
Code
Longevity
Longevity
Longevity
Number
Class
Title
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
(10 yrs.)
(15 yrs.)
(20 yrs.)
5005
Police
Officer
24C
*27,991
29,419
30,955
32,469
34,092
35,757
37,574
39,413
41,446
43,458
5011
Police
Sergeant
27C
32,469
34,092
35,757
37,574
39,413
41,446
43,458
45,643
47,958
50,380
5012
Police
Lieutenant
30C
37,574
39,413
41,446
43,458
45,643
47,958
50,380
52,825
55,507
58,341
5013
Police
Captain
33C
43,458
45,643
47,958
50,380
52,825
55,507
58,341
61,261
64,268
67,470
5003 *Police Recruit Salary: 24,692
(Effective upon ratification of this labor agreement,
entry level Police Recruits will be paid 12 1/2% less
than Step 1 of Police Officer for the first six
months).
CD *Note: No Across -the -Board Increases for FY'92-93
00
r
IND
cc
Class,
Code
i
2
APPENDIX •B"
EPPECTIVE OCTOBER 4 1992*
05
-, =
Police Officer 24C *29,111 30,596 32,193 33,768 35,455 37 1 , 88 39,077
5011 Police Sergeant 27C 33,768 35.455 37,188 39,077 40,990 43,104
04 45,197
5012 Police Lieutenant 30C 39,077 40,990 43,104 45,197 47,469 49,876 • 6 52,396
5013 Police Captain 33C 45,197 47,469 49,876 52,396 54,938 57,728 • 8 60,675
5003 *Police Recruit Salary: 25,680
(Effective upon ratification of this rulabor ,
months).
entry level Police Recruits
its agreement
will be paid 12 1/2% less
than Step of Police Officer for the first six
LongevityIst end 3rd
S10yrs.Longevity Longevity
(15yrs ) t20 yrs.1
40,990 43,104 45,197
47,469 49,876 52,396
54,938 57,728 60,675
63,712 66,839 70,169
co
E
00
APPENDIX •B'
EFFECTIVE OCTOBER 4 1992*
Class,
Code
1st
2nd
3rd
Number
Class Title Range Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Ste
Longevity
Longevity
Longevity
7
10yrs.)
15 rs.
20yrs.)
5005
Police Officer 24C *29,111
30,596
32,193
33,768
35,455
37,188
39,077
40,990
43,104
45,197
5011
Police Sergeant 27C 33,768
35,455
37,188
39,077
40,990
43,104
45,197
47,469
49,876
52,396
5012
Police Lieutenant 30C 39,077
40,990
43,104
45,197
47,469
49,876
52,396
54,938
57,728
60,675
5013
Police Captain 33C 45,197
47,469
49,876
52,396
54,938
57,728
60,675
63,712
66,839
70,169
5003
*Police Recruit Salary: 25,680
i
(Effective upon ratification of
this labor agreement,
entry level Police Recruits will
be paid 12 1/2%
less
than Step 1 of Police Officer
for
the first
six
months).
APPENDIX •C•
BARGAINING UNIT
CLASS CODE NUMBER
5005
6011
5012
8013
EXCLUDED CLASSIFICATIONS
8077
8182
8180
8280
8078
8380
9012
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
Deputy Police Chief
Chief of Police
Auxiliary Police Officer
_49_ 9 22.08
fi
i 1
-
t
� 4 -i 9� -Y�r
_ 4 �h•
t -W L'F .4 "'� L��` � 1 'h�.4-
:c a hci��i7'�>� w. s
CiTY OF MIAM1, FLORIDA
AWA
le
INTER -OFFICE MEMORANDUM
22
Honor a Mayor and Members
of the ity Commission
Cesar H. Odlo
City Manager
RECOMMENDATION
DATE Ft�,1 I\ L l 1 J92 FILE
SUBJECT . j Resolutionf-�`J Ratifying Labor
Agreement Between City of
Miami and the Fraternal Order
Of Police Lodge *20
REFERENCES.
ENCLOSURES
It Is recommended that the City Commission authorize the City
Manager to enter into a collective bargaining agreement between
the City of Miami and the employee organization known as the
Fraternal Order of Police, Lodge *20, for the period of October
1, 1991 through September 30, 1993, per the attached resolution.
BACKGROUND
Under Florida Statutes, Chapter 447, the City is required to
bargain collectively with the certified bargaining
representatives of the Police bargaining unit, the Fraternal
Order of Police, Lodge *20. The City and the Fraternal Order of
Police, Lodge *20 representatives have been meeting since May,
1991 In an effort to reach an agreement acceptable to both sides.
As a result of those negotiations, the City and the Fraternal
Order of Police, Lodge *20, have agreed to a two-year agreement
providing for a 0% percent wage Increase for FY 91-92 and a 4%
wage Increase for FY 92-93, and further provides for an Increase -
In the wage reduction for newly hired Police Officers from 5-
percent to 12 1/2 percent for a period of six months. The new
agreement provides for a reduction in the City's cost for police
uniforms If employees select a leather/uniform option and
provides for an Increase In the reimbursement allotment for
bulletproof vest to $450.00 for male sworn officers and $500.00
for female sworn officers. The agreement provides for eight (8)
hours commendation paid leave for perfect attendance in a full
calendar year, and provides for an Increase in the City's
contribution paid to the beneficiary of a deceased sworn officer
killed in line of duty from $75,000.00 to $100,000.00.
Additional changes agreed to include: Eligibility for 15 and 20
year longevity increases based on an employee's date of hire as a
classified employee, attendance at City Commission meetings by
the Union President on City time, and up to sixty days leave of
absence without pay for male employees for the purpose of caring
for a newborn child.
•92- 228
a
EN
Honorable Mayor and Members
Of the City Commission
Page 2
With respect to Group Insurance the agreement provides for no
Increase in the City's health care contribution rate for FY 91-
92, however should the FOP Health Trust fund drop below $2.6
million for FY 91-92, the City will make the fund whole. For FY
92-93, the City agrees to Increase Its biweekly health care
contribution to $103.64 for single coverage and $157.40 for
family coverage, however should the FOP Health Trust fund drop
below $2.35 million for FY 92-93, the City will make the fund
whole.
Under the term of this agreement, the parties agreed to meet no
later than September 1, 1992, to reopen negotiations specifically
to discuss Article 17 - 4 10 Plan as its relates to the Criminal
Investigation Section and the issue of residency within the City
of Miami as its relates to new hires.
CC: Law Department
Budget Department
92- 228
2
CITY OF MIAMI. FLORIDA
eV
E' INTER -OFFICE MEMORANDUM
TO. Cesar H. Odlo
City Manager
,q)
FROM• R . Sue We I I er
Labor Relations Officer
BATE February 26, 1992 FILE
su,jrcT Contract Settlement with
Fraternal Order of
Police, Lodge No. 20
REFERENCES
FNCLOSURES
The City's negotiating team successfully concluded contract
negotiations with the Fraternal Order of Police, Lodge No. 20
February 21, 1992.
A summary of the more significant changes and their estimated
cost Impact Is displayed below:
Article No.
19
Subject
Wages: Provides for a
0% Increase for FY 91-
92; and a 4% increase
for FY 92-93.
Provides for an Increase
In the wage reduction
for new hires from 5% to
12 1/2% for a period not
to exceed 6 months.
Cost Increases
FY'91-92 $0
No increase
FY'92-93
4% w/rollup:
FY'92-93
w/roIIup:
23 Uniform Allowance: Upon FY'91-92
ratification provides
for a reduction in cost FY'92-93
of uniform allowance if
leather option selected.
Provides for bulletproof FY 91-92
vest reimbursement
Increase to $450.00/male FY 92-93
and $500.00/female
$2,522,244
3E
($ 38,919)
($ 26,730)
($ 26,730)
$ 1,064
$ 1,064
92- 2218
-f
i
Cesar H. Odio -2- February 26, 1992
Article No.
Subject
Cost
Increases
25
Group Insurance:
FY'91-92
$0
Provides for no Increase
In the City's health
FY'92-93
$ 248,252
care contribution rate
for FY 91-92. Provides
for the City's biweekly
health care contribution
to Increase for FY 92-93
to $103.64 for single
coverage and $157.40 for
family coverage.
35
Sick Leave: Provides
FY'91-92
for 8 hours commendation
w/rollup:
$ 55,412
paid leave for perfect
[*Lost productivity]
attendance in a full
calendar year.
FY'92-93
w/rollup:
$ 57,630
[*Lost productivity]
38
Sworn Officers Killed in
the Line of Duty: Upon
Unable
to Project
ratification of the
labor agreement,
provides for Increase In
City's contribution paid
to deceased officer's
beneficiary to $100,000.
Estimate of Total FY'91-92 Cost Savings:
($ 25.666)
Estimate of Total FY'92-93 Cost Increase:
w/rollup: $2,705.911
*Does not include lost
productivity cost
Additional changes agreed to: Eligibility for 15 and 20 year
longevity increases based on an employee's date of hire as a
classified employee, attendance at City Commission meetings by
the Union President will be on city time, and male employees may
request up to sixty days leave of absence without pay for
purposes of caring for a newborn child. Additionally, the City
has agreed to make the FOP Health Trust fund whole if the fund
drops below $2.6 million for FY 91-92 and $2.35 million for FY
92-93.
L( 92-- 22g
f
Cesar H. Odio
-3-
February 26, 1992
While this is a two year agreement expiring on September 30, 1993
there is a reopener clause for September 1992 allowing for
negotiations on a 4-10 Plan In the Criminal Investigation Section
and residency for new hires.
We anticipate submitting the contract to the City Commission for
ratification on April 2, 1992.
RSW:grw
CC: Manohar S. Surana, Director, Budget Department
A. Quinn Jones, City Attorney, Law Department
92- 228 S