HomeMy WebLinkAboutR-90-0384J-90-3£30
5%14/90 -__-
0 -4 —_-
RESOLUTION NO. --
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING =-
THE CITY MANAGER TO ENTER INTO A COLLECTIVE
BARGAINING AGREEMENT, IN SUBSTANTIALLY THE -
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
THE EMPLOYEE ORGANIZATION KNOWN AS THE
FRATERNAL ORDER OF POLICE, LODGE NO. 20, FOR --_
THE PERIOD OF OCTOBER 1, 1989 THROUGH
SEPTEMBER 30, 1991., UPON THE TERMS AND _
CONDITIONS SET FORTH IN THE ATTACHED -
AGREEMENT.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to
enter into a Collective Bargaining Agreement in substantially the
attached form, between the City of Miami and the employee
organization known as the Fraternal Order of Police, Lodge
No. 20, for the period of October 1, 1989 through
September 30, 1991, 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
24th _ day of May , 1990.
XAVIER L. SUA E ,
ATT
•
MA H I R A I
CITY CLERK
PREPARED AND APPROVED BY:
AJ QUINN J NES, III
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JO GE L. FIRN WEZ
CITY ATTORN
AQJ:gb:bss/M1503
CITY COA"IMISSION
MEL I'Ili G OF
MAY 24 1990
90.0 384
f izS$tM1)i Hi_
ANN
SI.,MMARY OF 1989-91
F.O.P., LODGE NO. 20
COLLECTIVE BARGAINING AGREEMENT
Agreement - No Change
Preamble - No Change
Article 1 - Recognition -- No Change
Article 2 - Representation of the City -- No Change
Article 3 - Representation of the Employee Organization -- No
Change
Article 4 - Management Rights -- No Change
Article 5 --No Strike -- No Change
Article 6 - Grievance Procedure -- Step 2 language changed to
reflect presentation of written grievance at
department head level rather than section head
level. Step 3 language deleted.
Article
7 -
Rules of Construction
-- No Change
Article
S -
Disciplinary Procedure
-- No Change
Article
9 -
Line of Duty Injuries
-- No Change
Article
10 -
Notices -- No Change
Article
11 -
Bulletin Boards -- No
Change
Article
12 -
Personnel Practices Committee -- No Change
Article
13 -
Department Disciplinary
Review Board -- No Change
Article
14 -
Recall and Court Time
-- Language deleted reference
employee recalled to
finish Incomplete work or
correct error -laden work
products.
Article
15 -
Transfers -- No Change
Article
16 -
Overtime/Compensatory
Time -- No Change
Article 17 - 4-10 Plan -- Language added allowing management the
right to a temporary or emergency 4-10 plan not to
exceed thirty (30) working days. Police Department
management will do operational analysis of Criminal
investigation Section to determine need for a 4-10
staffing plan to be reviewed by parties on or
before October Z, 1990. if Police management
determines 4-10 plan is operationally and
economically feasible, the plan will be implemented
no later than January i, 1991.
Article 18 - Standby -- No Change
Article 19 - Wages -- Agreed to a 4% across-the-board increase
for Fiscal Year 1989-90 retroactive to first full
pay period following October 1, 1989 (to receive
retro increase, employee must be can regular payroll
at time of ratification of Agreement). Cleaned up
language on 20-year longevity, deleting
implementation language and incorporating twenty
year language with ten and fifteen year longevity.
Added new language allowing for recovery of pay
90- 384
supplements should employee continue to receive
said pay supplement once employee is no longer
eligible for pay supplement. Added language
allowing for delay of anniversary increases by time
Involved due to leaves of absences without pay or
suspensions. Agreed to 5% pay supplement on base
rate for five (5) bargaining unit members assigned
to bomb squad, effective first full pay period
following ratification. Agreed to increase Crime
Prevention Pay in the amount of $500 on fiscal year
basis. Will begin accruing same first full pay
period following October 1, 1990. Leave of absence
without pay shall be deducted from Crime Prevention
Pay at rate of $.96 per hour. City agrees to
Investigate feasibility of biweekly payment of
Crime Prevention Pay.
Article 20 - Total Agreement -- No Change
Article 21 - Holidays -- No Change
Article 22 - Floating Holiday -- No Change
Article 23 - Uniform Allowance -- No Change
Article 24-- Prevailing Benefits -- No Change
Article 25 - Group insurance -- Specified the City's $6.92
biweekly life and AD&D insurance contribution.
City agrees to contribute $750,000 toward the FOP
Health Trust as follows: (1) The first full pay
period following ratification of Agreement, the
City shall pay a lump sum equal to the number of
full pay periods between October 1, 1989 and
ratification of the Agreement multiplied by the
difference between the old employee/ family rate
($41.82/$91.84) and the new rate as described
herein and multiplied by the number of employees.
The remainder of the $750,000 for fiscal year 1990
shall be paid each pay period at a City
contribution rate of $69.66 per pay period toward
the cost of employee health coverage and $119.61
per pay period toward the cost of family coverage.
(2) Effective the first full pay period following
October 1, 1990, the City shall increase its
contribution toward employee and family health
coverage to a rate of $97.40 per pay period toward
the cost of employee health coverage and $147.38
per pay period toward the cost of family coverage
Article 26 - Provisions in Conflict with Law -- No Change
Article 27 - Employee Organization Time Pool -- Agreed to
increase time pool bank to 6,000 hours per fiscal
year.
Article
28 -
Discrimination --
No Change
Article
29 -
Illness In Faml�
-- No Change
Article
30 -
Death in Family --
No Change
Article
31 -
Commendation Paid
Leave -- No Change
Article
32 -
Maternity Leave --
No Change
Article
33 -
Vacation Carryover
-- No Change
Article
34 -
Blood Donors -- No
Change
Article 35 - Slck Leave -- Language added redefining retired
employees not to include employees who leave on
vested rights.
Art i c I e 36 -- Substance/Alcohol Personnel -Screen i ncq -- Lnnquage
added to the use of blood tests solely for the
purpose of testing blood alcohol content. Modified
testing procedure eliminating same as automatic
part of physical exam and added sworn employee will
be notified once per calendar year to report to lab
for a urinalysis. Added language: The parties
recognize that the Third District Court of Appeal
has ruled in Case No. 85-2863 that requiring police
officers to submit to drug testing is not a
mandatory subject of 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. Agreed the
department, when feasible, will have drug testing
done affording employee privacy and maintaining
integrity of the testing procedure.
Article 37 - Heart Bill -- No Change
Article 38 - Term -- Specifies two year contract, no language
change.
Memorandum of Understanding - Re: Article 36, Substance/Alcohol
Personnel Screening --
Modified language in Section 3 - Employees shall
give blood only to be used foi- testing blood
alcohol content... as directed by Management.
Added language providing that officers shall
provide urine for lab for two (2) samples.
Modified language In Section 6 - allowing officers
to request remaining sample be tested when notified
of a positive result within 24 hours after notice.
Memorandum of Understanding - Sworn Officers Killed In the Line
of Duty -- No Change
Memorandum of Understanding - RE: Article 25 - Group
Insurance -- _
Language transferred from Group Insurance Article
referencing exploration of tax deferral program for
group Insurance.
Appendix A - Reflects 4% Increase to salary rates for FY 89-90.
Appendix
B -
Reflects
0% Increase
to salary rates for FY 90-91.
Appendix
C -
Bargaining
Unit -- No
Change
Em
AGREEMENT
BETWEEN
CITY OF MIAMI, MIAMI, FLORIDA
AND
- FRATERNAL ORDER OF POLICE,
WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20
OCTOBER 1, 1989 THROUGH SEPTEMBER 30, 1991
90- 384
TABLE OF CONTENTS
ARTICLE PAGE
ADDENDUM NO. 1
MEMO OF UNDERSTANDING -
RE: ARTICLE 36, SUBSTANCE/ALCOHOL
PERSONNEL SCREENING ....................
40
ADDENDUM NO. 2
MEMO OF UNDERSTANDING -
SWORN OFFICERS KILLED IN THE LINE
OF DUTY ................................
42
ADDENDUM NO. 3
MEMO OF UNDERSTANDING -
RE: ARTICLE 25, GROUP INSURANCE.......
43
AGREEMENT ...................................
1
BLOOD DONORS................................34
34
BULLETIN BOARDS .............................11
15
COMMENDATION PAID -LEAVE .....................31
33
DEATH IN FAMILY .............................30
33
DEPARTMENT DISCIPLINARY
REVIEW BOARD..............................13
16
DISCIPLINARY PROCEDURE ......................
8
11
DISCRIMINATION..............................28
32
EMPLOYEE ORGANIZATION TIME POOL.............27
29
FLOATING HOLIDAY TIME.......................22
24
4-10 PLAN...................................17
20
GRIEVANCE PROCEDURE .........................
6 _
6
GROUP INSURANCE .............................25
27
HEART BILL..................................37
37
HOLIDAYS....................................21
24
ILLNESS IN FAMILY ...........................29
32
LINE OF DUTY INJURIES .......................
9
13
MANAGEMENT RIGHTS ...........................
4
3
MATERNITY LEAVE .............................32
33
NO STRIKE ...................................
5
4
NOTICES .....................................10
14
OVERTIME/COMPENSATORY TIME..................16
19
PERSONNEL PRACTICES COMMITTEE...............12
15
PREAMBLE...... ..............................
1
PREVAILING BENEFITS .........................24
27
PROVISIONS IN CONFLICT WITH LAW.............26
28
RECALL AND COURT TIME.......................14
18
RECOGNITION .................................
1
1
REPRESENTATION OF THE CITY ..................
2
2
REPRESENTATION OF THE
EMPLOYEE ORGANIZATION .....................
3
2
RULES OF CONSTRUCTION .......................
7
10
SICK LEAVE..................................35
34
STANDBY.....................................18
21
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING .....
36
36
TERM........................................38
37
TOTAL AGREEMENT .............................20
23
TRANSFERS...................................15
19
UNIFORM ALLOWANCE ...........................23
25
VACATION CARRYOVER ..........................33
34
WAGES.......................................19
21
APPENDIX"A"................................
44
APPENDIX"B.................................
45
APPENDIX"C"................................
46
90- 384
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:
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.
-1- 90- 384
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 Clty'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 Employees 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 compiled 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
-2- 90- 384
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 exercised or not, the right to
operate and manage its affairs in all respects; and the powers or
authority which the City has not officially abridged, delegated
or modified by the express provisions of this Agreement are
retained by the City. The rights of the City, through Its
management officials, shall Include, but shall not be limited to,
the right to determine the organization of City Government; to
determine the purpose of each of its constituent departments; to
exercise control and discretion over the organization and
efficiency of operations of the City; to set standards for
service to be offered to the public; to direct the employees of
the City, including the right to assign work and overtime; to
hire, examine, classify, promote, train, transfer, assign. and
-3- 90- 384
F
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 City 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
policymaking rights which the City has not expressly modified or
restricted by a specific provision of this Agreement are not In
any way, directly or indirectly, subject to the Grievance
Procedure contained herein.
Delivery of municipal services in the most efficient,
effective and courteous manner is of paramount importance to the
City of Miami. Such achievement is recognized to be a mutual
obligation of both parties within their respective roles and
responsibilities.
"Strike" means the concerted failure to report for duty,
the concerted absence of employees from their positions, the
concerted stoppage of work, the concerted submission of
resignations, the concerted abstinence in whole or in part by any
group of employees from the full and faithful performance of
their duties of employment with the City, participation in a
deliberate and concerted course of conduct which adversely
affects the services of the City, picketing or demonstrating In
furtherance of a work stoppage, either during the term of or
after the expiration of a collective bargaining agreement.
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
Constitution of the State of Florida, Article 1, 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 responsibility to abide by
the provisions of this Article and the law by remaining at work
during any Interruption which may be initiated by others; and
their responsibility, in event of breach of this Article or the
law by other employees and upon the request of the City, to
encourage and direct employees violating this Article or the law
to return to work, and to disavow the strike publicly.
Any or all employees who violate any provisions of the law
prohibiting strikes or of this Article may be dismissed or
otherwise disciplined by the City, and any such action by the
City shall not be grievable or arbitrable under the provisions of
Article 6 - Grievance Procedure.
-6- 90- 384
ARTICLE 6
GRIEVANCE PROCEDURE
9. 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.
-6- 90- 384
r -
Ask
4. To simplify the Grievance Procedure, the number of
i "working days" in presenting a grievance and receiving a reply
i
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
E limits provided above or not supplemented by a completed and —
signed Election of Remedy form shall be considered conclusively
abandoned. Any grievance not answered by management within the —
time limits provided will automatically advance to the next
higher step of the Grievance Procedure.
s
y._ Where a grievance Is general In nature in that It
t -
1 - applies to a number of employees having the same Issue to be - -
deeded, or If the grievance is directly between the Fraternal
Order of Police Lodge and the City, it shall be presented
e
directly at Step 4 of the Grievance Procedure, within the time
3
limits provided for the submission of a grievance in Step 1, and ---
s —
signed by the aggrieved employees or the Fraternal Order of -
i
_ 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
4.
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 C I v I I 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 worker's compensation
benefits shall not be subject to this grievance procedure, but
disputes involving the grant of supplemental disability pay shall
be grievabce.
6. Grievances shall be processed in accordance with the
following procedure:
Step 1
The aggrieved employee shall dISCLISs the grievance with
his immediate supervisor within five (5) working days of
the occurrence which gave rise to the grievance. The
Employee Organization representative may be present to
represent the employee If the employee desires him
present. The immediate supervisor shall attempt to adjust
the matter and/or respond to the employee within five (5)
working days.
- Step 2.
If the grievance has not been satisfactorily resolved, the
employee or the Employee Organization representative shall
complete the Election of Remedy form provided for in
Section 3 of this Article before Initiating the grievance
to the second step of the Grievance Procedure. if the
aggrieved party or parties elect the remedy other than the
Grievance Procedure contained herein, the grievance shall
be withdrawn for redress consistent with the Election of
Remedy form.
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.
9Q" 3€ 4
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 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
i
written request of either the Employee, Employee
s 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 sett
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.
90- 384
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 Cd t-y .
6. The Arbitrator shall be selected by agreement of the
parties. in the event the parties cannot agree upon an
Arbitrator, the Florida Public Employees Relations
Commission shall be requested to nominate five (5) persons
for such position. Each party may reject such list In its
entirety. If a list is not so rejected, names shall be
stricken alternately by the employee or Employee
Organization striking a name first, then the City striking
a name, and the remaining person shall be the Arbitrator.
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.
-10- 90- 384
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
commanding officer, or a supervisor of the employee, shall
be notified of the interrogation.
(b) If the interrogation is conducted by or for the
Department, It shall take place in a Miami Police
Department Building. If the interrogation Is to be
conducted by or for another investigating agency, It shall
be conducted at either the investigative agency's office
or at a Miami Police Department Building.
(c) The employee shall be Informed of the rank, name and
command of the officer in charge of the investigation, the
Interrogating party and ail 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.
(e) Interrogations shall be for reasonable periods and shall
be timed to allow for such personal necessities and rest
periods as are reasonably necessary.
(f) The employee shall not be subjected to abusive or
offensive language or threatened with transfer, dismissal
11
L
or other disciplinary actions. No promise, regard 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 covereO by the first statement.
(1) No mechanical device Including, but not limited to,
polygraph, psychological stress evaluator, et. al., shall
be forced onto an employee nor shall disciplinary action
be taken against an employee who refuses to submit to such
testing. However, an employee may request such a test.
(J) If the employee is under arrest, or is likely to be
arrested as a result of the Interrogation, he shall be
fully informed of his or her legal rights prior to any
Interrogation.
(k) At the request of the employee, he or she shal 1 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.
-12- 90- 384
(n) The Department will petition the State of Florida,
Division 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 hosp I ta I I zat I on
expenses Incurred by an employee covered by this Agreement who Is
found to have sustained a compensable iine of duty Injury as
�._ provided for by-t-he Worker's Compensation Laws of the State of
Florida.
The City agrees that any employee covered under this
contract who Is disabled as a result of an accident, injury or
Illness incurred in the line of duty shall be granted
supplementary salary, of which a part thereof Is 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 brings litigation without having first
discussed with the personnel of the City of Miami Law
Department/Claims 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 without having first
discussed with personnel of the City of Miami Law
Department/Claims 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 Law department/Claims
does not resolve any controversy arising out of a
-13- 90- 384
1�
compensable in)ury to the satisfaction of the injured
employee, then the supplementary salary as proviaea oy
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 Law Department/Claims, 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.
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."
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, MAWP, MCPBA, and Miami PBA.
ARTICLE 12
PERSONNEL PRACTICES COMMITTEE
There shall be a Personnel Practices Committee in the City
of Miami Police Department, which committee shall consist of not
more than five (5) members who shall be designated by the
Employee Organization and not more than five (5) members
designated by the Chief of Police. The Employee Organization
membership shall consist of persons from within the position
classifications covered by this Agreement, and the Management
membership shall consist of persons within the City of Miami
Police Department or City Management designated by the Chief of
Police.
This Personnel Practices Committee shall meet at least
once a quarter during a fiscal year at the request of either
party, and such meetings shall be scheduled during normal
-15- 90- 384
c •
business hours at a time set by the Chief of Police. Attendance
at these meetings shall be voluntary for off -duty personnel and
no overtime or compensatory time shall be granted. The Chief of
Police or his designee shall preside at all meetings. The
purpose of these meetings will be to discuss problems and
objectives of mutual concern. not involving grievances or matters
which have been or are the subject of collective bargaining
between the parties. Discussion shall be limited to matters on
the Agenda, but it is understood that these Personnel Practices
Committee meetings shall not be used to renegotiate this
Agreement.
Meetings shall be conducted on a semi -formal basis,
following an agenda which shall Include Items submitted by any
members of the Committee to the Chief of Police at least five (5)
working days prior to the meeting, together with such information
as may be helpful in preparing a meaningful agenda program. The
agenda shall be provided to each member of the Committee and one
(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 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, Administrative Orders,
Operational 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
90- 384
a
possess ac+judicatory 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.
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
-17- 90- 384
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 "WWI' shall 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-haif
times his straight time hourly rate or an equivalent amount of
scheduled compensatory time off.
An employee performing work or required to attend court at
a time which Is continuous with his scheduled work shift shall be
paid at his overtime rate consistent with Article 16,
Overtime/Compensatory Time, and the minimum three (3) hours
Recall shall not apply.
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 end 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
-18- go- 384
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 calm -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 situation dictates. Employees shall be notified
six (6) calendar days prior to the transfer, except where the
nature of a particular situation requires an Immediate but
temporary reassignment.
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 MOMPENSATORY 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 however 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
-19-
90- 384 '
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 maximum accumulation of compensatory time hours is two
hundred (200) hours. If an employee takes compensatory time off,
the hours In his bank would be appropriately reduced by such time
off. if an employee leaves the service of the City and cashes In
his bank, the hours therein shall be valuated on the basis of the =—
rate of pay earned by 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
. .A M. ♦\.
Those operations currently working the four (4) day, ten
(10) hour work schedule will 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
-20-
90- 384
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.
The Management of the Police Department will do an
operational and economical analysis of the Criminal Investigation
Section to determine the feasibility of utilizing a 4-10 staffing
plan. Such analysis will be reviewed with the FOP on or before
October 2, 1990. If the analysis by the Management of the Police
Department is In -favor of the implementation of the 4-10 plan, it
will be implemented when administratively possible.
If the Management of the Police Department decides to
Implement a 4-10 staffing plan in the Criminal Investigation
Section, said plan will be implemented no later than January 1,
1991.
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, 1989 - 4%
October 1, 1990 - O%
-21-
90-r 384
a
Payment of the gage increase set forth above shall be
retroactive to the first full pay period following October 1,
1989. However, retroactivity shall apply only to regularly
scheduled hours at the straight time rate of pay and shall not
Include overtime hours, plus Items, or be included for
calculating pension. Further, to receive the retroactive
Increase, an employee must be on the regular payroll at the time
of the ratification of this Agreement.
All new hires In the classification of Police Officer will
be paid 5% per month less than Step 1 of the salary range of the
classification af-.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.
Effective the first full pay period following ratification
of the labor agreement, the five bargaining unit members actively
assigned to the bomb squad shah beg 1n accruing a 6% 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:
Police Officer - $.40 per hour
Sergeant - $.50 per hour
Lieutenant - $.60 per hour
Captain - $.60 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
-22- 90- 384
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 longevity increases
based on their most recent date of hire as Police Officers;
provided, however, that leaves of absence shall cause the
effective date of the Increase to be deferred by the same number
of calendar days embraced by said leave. This provision shall
apply to employees who attain ten, fifteen or twenty years of
service.
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.
Effective the first full pay period following October 1,
1990, all active sworn bargaining unit members shall begin
accruing quarterly Crime Prevention pay in the amount of $500.00
on a fiscal year basis.
All hours of leave of absence without pay shall be
deducted from the Crime Prevention payment on the basis of $.96
per hour. Said Crime Prevention payments shall be made the first
full pay period following December, March, .tune and September.
ARTICLE 20
TOTAL AGREEMENT
The pasties 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.
-23- 90- 384
Such Agreement precludes the Initiation either directly or
Indirectly of any municipal legislation which would result in the
alteration or cost increase of the benefits agreed to In this
Collective Bargaining Agreement or to Increase the cost of other
employee benefits not specifically provided for In this
Collective Bargaining Agreement.
ARTICLE 21
HOLIDAYS
The following days shall be considered holidays:
�._ New Yeac' 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 Icing'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)
hours. 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
FLOATING HOLIDAY TIME
Upon ratification of this Agreement, it is agreed that
sworn members of the bargaining unit who have six (6) consecutive
-24- 90- 384
months or more of satisfactory sworn service shall be entitled to
fourteen (14) hours floating holiday time off each calendar year.
The floating holiday hours may not be taken in less than one hour
Increments. The floating holiday hours shall be mutually agreed
upon by the employee and his section commander consistent with
the needs of the Police Department. The floating holiday hours
off shall not be accrued; they must be used by the employee
during the calendar year or be forfeited. The floating holiday
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
i =
i -
UNIFORM ALLOWANCE —
All employees authorized to receive a clothing allowance
shall receive a clothing allowance of $55.00 per month except
employees who are absent without pay, employees using time from
the Employee Organization time pool, employees who are on
military leave, and employees who are placed on disability leave
shall receive prorated payments.
Authorized employees not receiving a clothing allowance
for any of the above reasons shall begin to receive the allowance
on the date of return to regular duty.
Employees temporarily transferred to a position normally
receiving a clothing allowance shall not receive the allowance
unless specifically authorized by the Section Commander.
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.
Twice during each uniform vendor contract year at times
designated by the Chief, sworn uniform personnel may request two
(2) uniform trousers, three (3) 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.
-26_
9d- 384
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.
Effective upon ratification of the labor Agreement, the
City will reimburse any member of the bargaining unit up to
$436.00 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 for said
vest.
B. The Chief of Police will appoint a person to inspect and
approve previously purchased bulletproof vests. If in the
opinion of the appointed person the vest should be
replaced, the purchaser will be reimbursed up to $436 when
the employee elects to buy a new vest from the approved
list, consistent with the requirements of Paragraph A.
C. Upon termination of employment from the City under
honorable conditions, an employee with five (5) years of
service may retain his vest by making payment of fifty
($50) dollars to the City. Similarly, an employee who
terminates his employment under honorable conditions with
ten (10) years of service shall be awarded his vest upon
request. Employees with less than five (5) years of
service at the time of termination shall return vests to
the City.
D. A bargaining unit employee shall reimburse the City for
the repair or current replacement cost of lost, stolen, or
damaged City equipment when the employee's careless and/or
negligent act(s) resulted in the loss, theft, or damage.
Provided, however, that current Department Policy shall
apply when the equipment at Issue is a City vehicle. In
any grievance of an action taken under this Section, the
City shall bear the burden of proof. --
ARTICLE 24
PREVAILING BENEFITS =
All Job benefits in effect at the time of the execution of
this Agreement heretofore authorized by the City Manager or
benefits provided for by ordinance of the City Commission, not
1 =
1 specifically provided for or abridged by this Agreement, shall
remain in full.._.force and effect for the duration of this
Agreement.
The City and the Employee Organization will meet at the
request of either party to negotiate any proposed changes In
those rights and benefits not specifically covered by this
Agreement, provided however no changes shall be made except where
a waiver exists or where the change is negotiated in accordance
i
i$ with Chapter 447, Florida Statutes.
-
z
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.
For each year of the contract the Clay agrees to
contribute $750,000 toward the FOP Health Trust as follows:
1A. The first full pay period following ratification of the
labor agreement, the City shall pay as a lump sum an
amount equal to the number of full pay periods between
October 1, 1989 and ratification of the labor agreement
multiplied by the difference between the old employee/
family rate ($41.82/$91.84) and the new rate as described
In 1B and multiplied by the number of employees.
1B. The remainder of the $750,000 for fiscal year 1990 shall
be paid each pay period at a City contribution rate of
-27-
$69.66 per pay period toward the cost of employee health
coverage and $119.E1 per pay period toward the cost of
family coverage where the employee elects such coverage,
2. Effective the first full pay period following October 1,
1990, the City shall increase its contribution toward
employee and family health coverage to a rate of $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.
The Employee Organization shall maintain its own group
health, life and -.accidental death and dismemberment insurance
plan. All current, future, and retired sworn police employees
shall be eligible to participate In the Employee Organization's
plan, but shall forfeit the right to participate In the City's
plan.
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 City'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.
-28-
9a- 384
Li
R. Placing the active and retired police employees in the
City's plan or a City sponsored HMO should one exist.
C. Dispersal of plan assets, if any, after all claims are
paid.
D. And other such Insurance Issues as may arise.
ARTICLE 26
PROVISIONS IN MNFLICT 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 full force and effect with It being presumed that
the intent of the parties herein was to enter Into the Agreement
without such Invalid portion or portions.
ARTICLE 27
EMPLOYEE ORGANIZATION TIME POOL
An employee organization time pool Is hereby authorized
subject to the following:
1. The City agrees to establish a time pool bank of six
thousand (6,000) hours per fiscal year to be used In
accordance with the provisions of this Article.
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
-29- 90- 384
s
KZ
Em
5.
authorized to use the pool time. it is understood on rare
occasions the seven (7) day time limit 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 Iimit wasn't met, shall result in the
employee not being paid for all such time requested.
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.
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 AL" (Authorized Leave)
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 Cade, 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
-30- 9 0 -r 384
7.
1-4
for the City of Miami Police Department. The terms of
this Agreement for such release are only to be implemented
if the following qualifications are met by the Employee
Organization:
(a) The Lodge President will reasonably be available at
the F.O.P. office currently located at 2300 N.W.
14th Street, Miami, Florida, 33125, for consultation
with the Management of the City.
(b) The Employee Organization President shall be the
only Bargaining Unit representative released on
OfA..L time to appear before City Boards or
Commission. 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.
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.
The City reserves the right to rescind the provisions of
this Article In the event any portion of the Article Is
found to be Illegal. Cancelling the Article shall not
preclude further negotiations of future employee pool
time.
9. Each employee covered by this Agreement may voluntarily
contribute compensatory time and/or vacation time to the
Time Pool in 4-hour Increments.
-31- 90- 384
10. Each empIryee who wishes to donate time wiIi use a time
pool donation form which will be provided by the City.
This form shall include language releasing the City from
any and all Ilab IIIty 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 knoyil.edge 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.
_32_
90- 384
I .
ARTICLE 30
DEATH IN FAMILY
Any employee covered by this Agreement may, in the case of
death in the immediate family, be authorized a maximum of forty
(40) hours leave with pay. 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. The cl-rcumstances of the employee's personal leave
shall be endorsed by the Department Head and submitted by letter
to the Civil Service Board and the Office of Labor Relations.
ARTICLE 31
COM►1ENDAT I ON 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.
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.
-.33- 9Q- 384
ARTICLE 33
VACATION CARRYOVER
Vacations shall be taken within thirteen (13) months after
the end 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
1st 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
emp-loyee 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
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
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 (960) hours. It
-34-
90- 384
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, 1976.
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 (600) hours except to the extent that such excess existed
on December 4, 1981.
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.
Payoff for accumulated sick leave shall not be used to
calculate average earnings for pension purposes.
When a bargaining unit employee Is unable to work due to
an extended, non -work related illness and the employee's sick
leave, earned time, and vacation time become fully depleted,
bargaining unit employees may donate credited vacation and/or
earned time to the affected employee in increments of four (4)
hours or more. Such time may only be donated by employees whose
hourly rate of pay Is equal to or greater than that of the donee.
Such donations of time shall be submitted for approval by the
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.
-36- 90- 384
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
i
Understanding on Article 36, Substance/Alcohol - Personnel
i
j Screening shall be utilized solely for testing blood alcohol
content) shall be administered as provided herein:
9) 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
employee(s) where a staff level officer has reasonable
belief based upon objective factors that the involved
employee(s) may be under the Influence of alcohol or may
have been using, possessing, dispensing or selling
controlled substance, unlawful, mind -altering, or non -
physician prescribed drugs.
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.
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 ba.rgaInIng unit member Alleges that an order made
under this section is not consistent with the criteria cited
herein, he shall comply with the order, and may simultaneously
file a protest with the communicator of the order. Disputes
arising out of such protests shall be arbitrable under Article 6
of this Agreement.
Refusal to comply with an order to submit to such an
examination will constitute the basis for disciplinary action up
to and including dismissal.
-36- 90 - 384
Any positive test for a controlled substance which Is
confirmed by Gas Chromatography/Mass Spectrometry (G.C.M.S.) or
better testing shall result in a recommendation for discipline up
to and Including dismissal.
When a sample is taken under any of the above circumstances,
a portion shall be retained for a second test within 24 hours
should either management or the employee request same.
The parties recognize that the Third District Court of
Appeal has ruled In Case No. 85-2863 that requiring police
officers to submit to drug testing is not a mandatory subject of
collective bargaJ n.ing, and that the FOP will be seeking review of
the decision by the Florida Supreme Court. The parties agree
that, should the City ultimately prevail in the Florida Supreme
Court, or if that court refuses to review the Third District's
decision, the parties shall meet to confer regarding this Article
and the related Memorandum of Understanding. By negotiating with
the FOP concerning this Article, the City does not waive any
rights.
ARTICLE 37
HEART BILL
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
TERM
This Agreement shall commence 12:01 A.M., October 1,
1989 and shall continue in full force and effect until 11:59
P.M., September 30, 1991.
On or before May 1, 1991, the Employee Organization shall
notify the City In writing of Its intention to renegotiate the
Agreement in force, and attached thereto shall include a complete
list of proposals which shall inform the City of the items which
they desire to negotiate, together with specific language
embodying and describing their proposals.
-37- 90- 384
On or before May 1, 1991, the City will Present the
Employee Organization with a list of proposals it desires to
negotiate, together with specific language describing its
proposals.
Initial discussions shall thereafter, and no later than
June 1, 1991, 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 CLty Commission a proposed amendment to such law,
ordinance or resolution. Unless and until such amendment Is
enacted or adopted and becomes effective, the conflicting
provision of the Collective Bargaining Agreement shall not become
effective. The City Administration shall expedite such proposed
amendments to the City Commission.
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.
i
Agreed to this day of
between the respective parties
9 19 , by and
through an authorized
representative or representatives of the Employee Organization
and by the City Manager.
FRATERNAL ORDER OF POLICE
WALTER E. HEADLEY, JR.
MIAMI LODGE NO. 20
THE CITY OF MIAMI, FLORIDA
CESAR H. ODIO, CITY MANAGER
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND CORRECTNESS
CITY ATTORNEY
7
7
-39- 90- 384
ADDENDUM NO. 1 (2 Peres)
MEMORANDUM OF UNDERSTANDING
RE: ARTICLE 36, SUBSTANCE/ALCOHOL -- PERSONNEL SCREENING
This memorandum of understanding is for the purpose of
Implementing the provisions of Article 36, Substance/Alcohol -
Personnel Screening. It Is not Intended to alter or amend the
Article.
1. If the reasonable belief giving rise to the testing
order arises while the officer Is on duty, a reasonable
effort..shall be made to have the test performed while
(s)he Is still on duty or as soon thereafter as is
practical.
2. In the event that the reasonable belief arises while
the officer Is off duty and the officer Is not at the
scene of an accident, arrest, or other event, (s)he
shall be directed to report at the beginning of the
next tour of duty or the next morning, which ever
occurs first; unless there are compelling reasons not
to wait until that time.
3. Employees shall give either a blood sample (only to be
used for testing blood alcohol content) or a urine
sample as directed by Management at either a hospital
or accredited testing lab, as chosen by the City.
During said test, the officers shall provide sufficient
urine for the laboratory to secure two (2) samples to
be tested. The unused sample shall only be tested If
requested within 24 hours by the officer 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.
-40--
94- 384
5. Any test shoving a "positive" result will be confirmed
by the GCMS method before administrative action is
commenced.
6. Officers shall be notified of a positive result and be
given an opportunity to request that the remaining
sample be tested. In no event shall the test of the
remaining sample be requested to be tested later than
24 hours after the notice that the test of the first
portion of the sample was positive. Notice to the
employee of the test being positive shall be considered
to have been served upon the employee by a
representative of the Department delivering a notice to
the Officer's last known residence as shown on the
Department's personnel raster.
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 said test or If the individual Involved does
not want this test results released to F.O.P.
FRATERNAL ORDER OF POLICE,
MIAMI LODGE NO. 20
Richard Kinne
President
DATE:
_41-
FOR THE CITY OF MIAMI,
MIAMI, FLORIDA
Dean R. Mleike
Labor Relations Officer
90- 384
R
ADDENDUM NO. 2 (1 Ea e)
MEMORANDUM OF UNDERSTANDING
SWORN OFFICERS KILLED IN THE LINE OF DUTY
Any full-time Sworn Miami Police Officer who is kilted 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. Further, the beneficiary of the deceased
shel I receive a -stem of $75,000 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.
FRATERNAL ORDER OF POLICE,
MIAMI LODGE NO. 20
Richard Klnne
President
DATE.
FOR THE CITY OF MIAMI,
MIAMI, FLORIDA
Dean R. Mlelke
Labor Relations Officer
-42- 90- 384
ADDENDUM NO. 3�1Page)
MEMORANDUM OF UNDERSTANDING
RE: ARTICLE 26, GROUP INSURANCE
A committee of four (4), two (2) selected by the Employee
Organization and two (2) selected by management, shall be formed
within 90 days from the effective date of the contract to
Investigate the requirements and implementation procedures toward
establishing a tax deferral In the payment of group health
Insurance contributions by bargaining unit employees.
The parties agree to share equally the implementation
costs and to spI It any costs incurred up to $5,000 each to tax
qualify the deduction of group health Insurance premiums.
FRATERNAL ORDER OF POLICE,
MIAMI LODGE NO. 20
Richard Kinne
President
DATE:
FOR THE -CITY OF MIAMI,
MIAMI, FLORIDA
Dean R. Welke
Labor Relations Officer
-43-
90- 384
i�I'JiI .III IIIIIIIII 11IIII III,IIIII IIJII�AIIIII III II II, LI. Illli IIIIIII, I I I1.1I111n 111 II 1II.A.: III IIIij- I''II 1 I, II 1 .1 1 1. 11., ..I1I 11. II 1 -11 I. I11i 1, I 1 II . . II .i I I
_ _I I .. _._ _-..._.._- r _. _.. _.
Ab
i
APPENDIX "A"
EFFECTIVE OCTOBER 8, 1989*
Class, 1st 2nd 3rd
Code Longevity Longevity Longevity
IAL-
Number Class Title Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Steep 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
j1,446
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: 26,693
0
(Entry level Police Recruits are paid 5% less
than Step 1 of Police officer for first six
months).
O
APPENDIX
1st 2nd 3rd
r Longevity Longevity Longevity
Class. Ste 4 step5 Ste 6
St'e ? 10 yrs.)15 rs. 20 rs.
CodClass Title e Range Ste 1 Ste 2 Ste 3
Code
* 41,446 43,458
91 29,419 30,955 32,469 34,092 35,757 37,574 39,413
5005 Police officer 24C 27,9
5011 35,757
37,574 39,413 41,446 43,458 45,643 47,958 50,380
police Sergeant 27C 32,469 34,092
: 43,458
45,643 47,958 50,380 52,825 55,507 58,341
5012 police Lieutenant 30C 37,574 39,413 41,446
013 police Captain 33C 43,458 45,643 47,958 50,380
52,825 55,507 58,341 61,261 64,258 67,470
5
5p03 *police Recruit Salary: 26,693
(Entry level police Recruits are
Officer
paid 5% less
for first six
than Step 1 of Police
months).
for
Fiscal
Year 1990-1991
Across-the-Board Increases
*Note: No
Vi
00
1
I,,,,��,�'pIpII��1„q11
� � i � ���I
�! �
� �� I� I'll"' �
}
,, ��� ,, , IP11
0
APPENDIX "C"
BARGAINING UNIT
CLASS CODE NUMBER
5005
5011
5012
5013
EXCLUDED CLASSIFICATIONS
8077
8078
8180
8280
8380
8480
9012
CLASS TITLE
Police Officer
Police Sergeant
Police Lieutenant
Police Captain
Police Major
Police Colonel
Executive Assistant to
Chief of Police
Assistant Chief of Police
Chief of Police
Deputy Police Administrator
Auxiliary Police Officer
-46- 90- 384
26
CITY OF ',11AFAI. FLOR;DA
INTER -OFFICE MEMORANDUM
<' TO Honorable Mayor and Members OATe Av a tu9 F Lc
of the City Commission ( .
SUBJECT Resolution Ratifying Labor -_
Agreement Between City of
Miami and Fraternal Order
of Police, Lodge No. 20
PROM Cesar H . Od l o REFERENCES
City Manager
ENCLOSURES ^_
RECOMMENDATION:
It is recommended that the City Commission authorize the City
Manager to enter into a collective bargaining agreement between the City of Miami and the employee organization known as the -
Fraternal Order of Police, Lodge No. 20 for the period of October
1, 1989 through September 30, 1991 per the attached resolution.
BACKGROUND:
Under Florida Statutes, Chapter 447, the City is required to i
bargain collectively with the certified bargaining
representatives of the Police bargaining unit, the Fraternal =
Order of Police, Lodge No. 20. The City and the Fraternal Order
of Police, Lodge No. 20 representatives have been meeting since May, 1989 in an effort to reach an agreement acceptable to both
sides. As a result, the City and the Fraternal Order of Police, _= =
Lodge No. 20 have agreed to a two-year agreement providing for a
retroactive 4% wage Increase for FY'89-90 and a 0% wage increase
for FY'90-91.
For FY'90-91 the current $325 quarterly ($1,300 annually) crime
prevention pay supplement will Increase to $500 quarterly ($2,000
annually). The City has also agreed to explore the possibility
of converting the quarterly payment to a biweekly basis. Sworn
officers actively assigned to the Bomb Squad will receive a 5%
pay supplement following ratification of the labor agreement. In
addition, the City has agreed to increase Its contribution rate
to the FOP Health Trust retroactively for FY'89-90 for single
coverage from $41.92 per pay period to $69.66 per pay period and
for family coverage from $91.84 per pay period to $119.61 per pay
period. The cost of the City increasing it's biweekly
contribution will be $750,000 for FY'89-90, a portion of which
($519,230) will be paid as a lump sum upon ratification for the
retroactive period of October, 1989 through ratification of the
labor agreement. For FY'90-91 the City will again increase it's
biweekly contribution for health care for single coverage from
$69.66 per pay period to $97.40 per pay period and for family
coverage from $119.61 per pay period to $147.38 per pay period.
^� The cost of the City Increasing it's biweekly contribution will
'-)-rlbe $760.000 for FY'90-91. Please see the attached memorandum for
�(,y a mores detailed cost analysis.
cc : Law Department
Budget Department
90®
.X -t
q ,I
; l � �� . ' F1::1I7!: �u^.E"Are RANDUM
Cesar N . Odic
City Manager
i
Dean R. Mielkei
►_abor Relations Officer
!Apr i ! , '?90
Contrar--t Ce_tt ;,?Mont with
F . C . P . , I_0(19e 1`40. 20
One
The City's negotiating team successfully concluded contract
negotiations with the Fraternal order of Police, Lodge �!o. 2)
Friday, April 20, 1990.
A summary of the more significant changes and their estimated cost
impact is displayed below:
Article No.
19
Subject
Wa es: Provides for a 4%
retroactive Increase for FY
1989-90 and a 0% increase
for FY 1990-91.
Crime Prevention Pa
Provides for an increase to
the quarterly Crime Pre-
vention supplement effec-
tive October 1990 from
$1,300 to $2,000 per year.
Bomb Squad Supplement:
Provides for a 5% supple-
ment upon ratification of
the labor agreement for
officers assigned to the
Bomb Squad.
Cost Increases
FY
69-n0
4%
w/o rollup:
$1,659,900
4%
w/ ro ! ! up
( S:? , 257 , 46-1 )
F`.'
90-9 1
0%
w/o rollup:
$1,659,900
0%
w/rollup:
($2.257, 64)
FY
89-90
No
Increase:
$0
FY
90 - 91
$2,000 per year:
$770,000
FY
89-90
w/o rollup:
$3,018
w/rollup:
($4,104;
FY 90-91
w /o 'C ! l LID: $ 10. 2,',�
w/ro► 1up: {$13,879)
-21
C
0
Cesar H. 0dio
Article No. Subject
25 Group Insurance: Provides
for the City's biweekly
health care contribution to
increase for FY'89-90 to
$69.66 for single coverage
and $119.61 for family
coverage and for FY'90-91
to $97.40 for single
coverage and $147.38 for
family coverage.
36 Substance/Alcohol Abuse:
Improved drug testing
language which will
identify users of con-
trolled substances more
promptly and accurately.
38 Conclusion: This Agreement
is two years in duration
and expires on September
30, 1991. The parties have
also agreed to reopen
negotiations should the
IAFF, Local 587 receive an
across-the-board increase
for FY'90-91.
Estimate of Total FY 89-90 Cost Increase:
Estimate of Total FY 90-91 Cost Increase:
Ccot I ncrenne s
FY 89-90
City Contritution: $750,n00
City Contribution: S75n.000
w/o roilup:
w/roilup:
w/o roilup:
w/rollup:
S2,412,918
$3.011,568
$3,190,105
($3,791,343)
We anticipate that the Fraternal Order of Police will ratify t'ae
Agreement on April 27, 1990 and anticipate submitting the contract to
the City Commission for ratification at the Planning and Zoning
Commission meeting to be held on May 24, 1990.
DRM/sw
CC, Manohar Surana, Director, Budget Department
Jorge Fernandez, City Attorney
13
•