HomeMy WebLinkAboutR-88-0571J=88=601
6/23/88
RESOLUTION NO.�+�� e
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE
ORGANIZATION KNOWN AS THE FRATERNAL ORDER OF
POLICE, LODGE NO. 20, FOR THE PERIOD OF
OCTOBER 1, 1987 THROUGH SEPTEMBER 30, 1989
UPON THE TERMS AND CONDITIONS SET FORTH IN
THE ATTACHED AGREEMENT.
13E 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 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, 1987 through
September 30, 1989 upon the terms and conditions set forth in the
attached Agreement.
PASSED AND ADOPTED this 23rd day of June , 1988.
ATTEST:
A �-�
M Y HIRAI, CITY CLERK
XAVIER L. SUAREZ, MAYOR
PREPARED AND APPROVED BY: '
ROBERT F. CLARK, CHIEF DEPUTY CITY ATTORNEY
APP
ED AS TOtFORM AND CORRECTNESS:
q r,\A i
CITY CON MtvSIcyri
14EETING OF
ATTACHMENTS JUN 23 1988
RESOLUT
ENCLOSED IWV Nb.
aEanauc,
AGREEMENT
BETWEEN
CITY OF MIAMI, MIAM1, FLORIDA
AND
FRATERNAL ORDER OF POLICE,
WALTER E: HEADLEY, JR., MIAMI LODGE NO. 20
OCTOBER 1, 1987 THROUGH SEPTEMBER 30, 1989
TABLE OIL CONTENTS
ADDENDUM NO, 1
MEMO OF UNDERSTANDING -
RE: ARTICLE 36, SUBSTANCE/ALCOHOL
PERSONNEL SCREENING
ADDENDUM NO. 2
MEMO OF UNDERSTANDING -
SWORN OFFICERS KILLED IN THE LINE
OF DUTY
AGREEMENT
BLOOD DONORS
BULLETIN BOARDS
COMMENDATION PAID LEAVE
DEATH IN FAMILY
DEPARTMENT DISCIPLINARY
REVIEW BOARD
DISCIPLINARY PROCEDURE
DISCRIMINATION
EMPLOYEE ORGANIZATION TIME POOL
FLOATING HOLIDAY TIME
4-10 PLAN
GRIEVANCE PROCEDURE
GROUP INSURANCE
HEART BILL
HOLIDAYS
ILLNESS IN FAMILY
LINE OF DUTY INJURIES
MANAGEMENT RIGHTS
MATERNITY LEAVE
NO STRIKE
NOTICES
OVERTIME/COMPENSATORY TIME
PERSONNEL PRACTICES COMMITTEE
PREAMBLE
PREVAILING BENEFITS
PROVISIONS IN CONFLICT WITH LAW
RECALL AND COURT TIME
RECOGNITION
REPRESENTATION OF THE CITY
REPRESENTATION OF THE
EMPLOYEE ORGANIZATION
RULES OF CONSTRUCTION
SICK LEAVE
STANDBY
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
TERM
TOTAL AGREEMENT
TRANSFERS
UNIFORM ALLOWANCE
VACATION CARRYOVER
WAGES
APPENDIX "A"
APPENDIX "B"
APPENDIX "C"
ARTICLE
34
11
31
30
13
8
28
27
22
17
6
25
37
21
29
9
4
32
5
10
16
12
24
26
14
1
2
3
7
35
18
36
38
20
15
23
33
19
PAGE
39
41
1
33
15
32
32
17
11
31
29
24
21
6
27
36
23
32
13
3
33
4
15
20
16
1
26
28
18
1
2
2
11
34
21
35
36
23
19
25
33
21
42
43
44
98-57 i
AdAEEMIENT
THIt AGREEMENT Is entered Into this ___..�.. day Of
jg_ by the CITY OF MIAMI, PLOAIDA, a municipal
corporation, hereinafter referred to as the "City," and the
FRATERNAL ORDER OF POLICE, WALTER E: HEADLEY. JR., MIAMI LODGE
NO. 20, hereinafter referred to as the "Employee Organization,"
an organization representing certain sworn police employees of
the City of Miami's Police Department.
PREAMBLE
WHEREAS. It Is the Intention of the parties to this
Agreement to set forth the entire Agreement of the parties with
respect to matters within the scope of negotiations;
NOW, THEREFORE, In consideration of the mutual covenants
and agreements herein contained, the parties do mutually covenant
and agree as follows:
ARTICLE 1
RECOGNITION
Pursuant to and in accordance with all applicable
provisions of the Florida Public Employees Collective Bargaining
Law, Chapter 447, Florida Statutes, management recognizes the
Employee Organization as the exclusive collective bargaining
representative for those employees In the defined bargaining unit
for the purpose of collective bargaining with respect to wages,
hours, and other terms and conditions of employment.
The bargaining unit consists of all sworn employees
holding positions In the classifications shown in Appendix C or
which may hereafter be added to, reduced or changed as
hereinafter provided, and excludes all other employees not
specifically Included In Appendix C as it now exists. Any
changes In the bargaining unit shall only be made upon proper
application to and adjudication by the Public Employees Relations
Commission and/or the appropriate court of competent
Jurlsdictlon; or as may be mutually agreed upon by the parties.
9 S-571
-1-
I
AAA I OLL 2
AEPAMNTAT ION OI- THE C I TY
The CIty shall be represented by the City Mahager, or a
person or persons designated In writing to the tmplogee
OrgahlZatloh by the City Manager. The City Mahager+ or his
designated representative, shall have sole authority to Conclude
an agreement on behalf of the City subject to ratification by an
official resolution of the City Commission. It Is understood
that the designated representatives of the City are the official
representatives for the purpose of negotiating an Agreement. Any
negotiations entered Into with persons other than those defined
herein, regardless of their position or association with the
City, shall be deemed unauthorized and shall have no standing or
weight of authority In committing or in any way obligating the
City. It shall be the obligation of the City Manager or his
designated representative to notify the Employee Organization In
writing of any changes In designation of the City's
representative for the purposes of negotiations.
ARTICLE 3
REPRESENTATION OF THE EMPLOYEE ORGANIZATION
The Employee Organization shall be represented by the
President or Chairman of the Employee Organization or by person
or persons designated In writing to the City Manager by the
President or Chairman of the Employee Organization. The
Identification of representatives shall be made each year by
April 1st. Such designation shall be accompanied by an affidavit
executed by said President or Chairman that the Employee
Organization has 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-
98-5'71
representative br representatives are the offic'lal
representatives of the Employee Orgahlzatloh for the purpose of
negotiating with the City. Any negotiatlbhs enterer Into with
Persons other than those defined hereln, regardless of their
position or association with the Employee Orgahlzatlon, 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 (6) 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 Poor 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 Clay, 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- 88_5 71.
gdhedUle WhPIOgees In posltloha With the City; to suspehd,
demote, discharge, or take other disclpllhary actloh agalhst
employees for proper cause; to Increase, reduce, chahge, Modify
or alter the composition and site 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
purchaser!; to establish, modify, combine or abolish Job pay
posltlons; 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 Agreementare 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 Mlaml. Such achievement Is recognized to be a mutual
obligation of both parties within their respective roues and
responsibilities.
NO STRIKE
"Strike" means the concerted failure to report for duty,
the concerted absence of employees from their positions, the
concerted stoppage of work, the concerted submission of
resignations, the concerted abstinence In whole or In part by any
group of employees from the full and faithful performance of
-4- AR-571.
their duties of employffieht with the City, patticipatloh In a
deliberate and concerted course of tOhdUtt which adversely
offeets the services of the City, picketing or aemonstratlhg 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 orgahlZatlOh
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 I, Section 6.
Accordingly, the Employee Organization, Its officers, stewards
and other representatives agree that It Is their continuing
obligation and responsibility to maintain compliance with this
Article and the law, Including their 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.
-5-
88-5'71
.:
04_i_EYANCE PhOCEIJURE
1, In a mutual effort to provide harmohiout working
relations between the parties of this Agreement, it is agreed to
and understood by both part let that there shall be a procedure
for the resolution of grievances or misuhderstandings 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 courtproceeding, 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
s�
the aggrleyed party or part let frolri UtII121ng said Orievafice
Procedure for adjustmtht of said grievahce,
4: To sImp IIfy the OrIevahce Procedure, the mumber of
"working days" Ih presenting a grievance and receiving a reply
from the dlfferent levels of supervision shall be based upon a
forty (40) hour, five (6) day work week, Monday through Friday,
Any grievance riot processed in accordance with the time
limits provided above or not supplemented by a completed and
signed Election of Remedy form shall be considered conclusively
abandoned: Any grievance not answered by management within the
time limits provided will automatically advance to the next
higher step of the Grievance Procedure.
Where a grievance Is general In nature In that It
applies to a number of employees having the same Issue to be
decided, or If the grievance is directly between the Fraternal
Order of Police Lodge and the City, It shall be presented
directly at Step 4 of the Grievance Procedure, within the time
limits provided for the submission of a grievance In Step 1, and
signed by the aggrieved employees or the Fraternal Order of
Police Lodge representative on their behalf. The Election of
Remedy form ,as provided In Section 3.of this Article must be
completed and attached to grievances presented directly at Step
4.
5. All grievances must be processedwithin the time
limits herein provided unless extended by mutual agreement In
writing.
Only an employee who has permanent Civil Service
status as a sworn Police Officer In the Miami Police Department
may appeal a suspension, demotion, or dismissal through the
grievance procedure contained in this Agreement or In accordance
with the appeal procedure of the Civil Service Rules, but not
both. Such grievances shall be filed at Step 3 within the time
limits set forth for Step 1.
Disputes Involving the grant of worker's compensation
benefits shall not be subject to this grievance procedure, but
disputes Involving the grant of supplemental disability pay shall
be grlevable.
-7- 98-573
1
g : C3r l evances Shall oe ptocsssed I h htt6rdaribe with the
fo l 1 bw i ma procedute t
$.t a P, i +_
The aggrieved erhployee shall dIsbuss the OrIeVAMCe with
h1s Immediate Supervisor Wlthln five (5) wbrking days bf
the occurrence which gave rise to the grlevance. 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 Section Head concerned within three (3)
working days from the time the response was given at Step
1. The Section Head concerned shall meet with the
employee and/or the Employee Organization representative
and shall respond In writing to the employee and the
Employee Organization within five (5) working days from
receipt of the written grievance.
I the at1evahte has not been tat Ibfaetorlly Resolved I
Step 2, the employee or the Employee ibrgaml2atl6m may
present a Written appeal to the bepartinent Head within
seven (7) working days from the time the res00hse was
given at Step 2. 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 appeal.
Step 4.
If the grievance has not been satisfactorily resolved In
Step 3. 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 3. 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 5.
1. If the grievance Is not settled In Step 4, it may upon
written request of el.ther the Employee, Employee
Organization or the City within seven (7) working days
after receipt of reply or answer be referred to
arbitration by the Arbitrator.
2. The arbitration shall be conducted under the rules set
forth In this Agreement and not under the rules of the
American Arbitration Association. SubJect to the
following, the Arbitrator shall have Jurisdiction and
authority to decide a grievance as defined In this
Agreement. The Arbitrator shall have no authority to
change, amend, add to, subtract from, or otherwise alter
or supplement this Agreement or any part thereof or any
amendment hereto. The Arbitrator shall have no authority
to consider or rule upon any matter which Is stated In
-9-
9S-5 71
this Agreement not to be sUb Ject to arbl trat I on or which
It not a grlev&h00 as defined In this Agreement, or Which
IS not Covered by this Agreement; nor shall this
Collective f3argaln1ng Agreement be construed by the
Arbitrator to supersede any applicable laws.
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 thu-c
specified.
4. Each party shall bear the expense of Its own witnesses and
of Its own representatives, The parties shall bear
equally the expense of the Impartial Arbitrator, including
any retainer fee of the Arbitrator. The party desiring a
transcript of'the hearing will bear, the cost of same.
S. Copies of the award of the arbitration made In accordance
with the jurisdictionor authority under this Agreement
shall be furnished to both parties within thirty (30) days
of the hearing and shall be final and binding on the
aggrieved employee or employees,, the Employee Organization
and the City.
6. The Arbitrator shall be selected by agreement of the
parties. In the event the parties cannot agree upon an
Arbitrator, the 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 IIst 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.
%38-57-1
ARTICLE I
MULES Off' CONSTRUCT 1 ON
It Is agreed and understood that this Agreement
constitutes the whole Agreement between the partleS,
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.
ARTICLE 8
DISCIPLINARY PROCEDURE
If an investigation is Initiated by the City of Miami
Police Department against an employee where a formal statement
(other than required Incident reports, control of person reports,
discharge of firearm reports, arrest reports, or any other
equivalent reports) under oath Is elicited from the employee, the
Interrogation shall be conducted under the following conditions:
(a) The Interrogation shall be conducted at a reasonable hour,
preferably while the employee Is on duty, unless the
seriousness of the Investigation Is of such degree that an
Immediate action Is required. If the employee Is off duty
at the time of the Interrogation, the employee shall be
entitled to overtime. if It occurs while on duty, a
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,
-11-
88-573.
'Fl
I
(c) the empIOyee shall be InfotMed of the rank, name and
C6MMand of the offIter 1n Charge of the IhVestIgatIon, the
IhterrogatIhg party and all persons present during the
interrogatioh. Ail 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
or other disciplinary actions. No promise, reward or
threat of action shall be made as an Inducement to
answering any question.
(g) The complete Interrogation Including when recesses are
taken shall be recorded, and there shall be no unrecorded
questions or statements.
(h) The employee shall not be obligated Into giving a second
statement concerning the same facts elicited In an
original interrogation. This will not preclude an
Investigator from asking questions at a later time that
were not covered by the first statement.
(I) No mechanical device Including, but not limited to,
Polygraph, psychological stress evaluator, et. al.. shall
be forced onto an employee nor shall disciplinary action
be taken against an employee who refuses to submit to such
testing. However, an employee may request such a test.
(j) If the employee Is under arrest, or Is likely to be
arrested as a result of the Interrogation, he shall be
fully Informed of his or her legal rights prior to any
Interrogation,
(k) At the request of the employee, he or she shall have the
right to be represented by counsel or any other
-12- 98-571
representative of his or her oholee during the entire
Interrogation.
( 1 ) Where an attorney of OM15Ibyee representat1ve It feCjueated
but cannot be present within one (1) hour of noti#ioatlon,
the emo Ioyee 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
Security and the I.S. 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.
(n) The Department will petition the State of Florida,
Division of Archives and Record Management, for a
retention schedule for Internal security files consistent
with the current records program.
ARTICLE 9
LINE OF DUTY INJURIES
The City agrees to pay all medical and hospitalization
expenses incurred by an employee covered by this Agreement who is
found to have sustained a compensable line of duty Injury as
provided for by the Worker's Compensation Laws of the State of
Florida.
The City agrees that any employee covered under this
contract who 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 compensabie by the City
and the employee brings litigation without having first
discussed with the personnel of the City of Miami Law
-13- 98-571
bepar tlrent /C 16 1M§ dont'.:erM I fig any Controversy ar I s I no but
Of the declared COrA erasable accident, then the
supplementary salary, as provided by Resolution No. 39802,
shall cease.
j g. 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
compensable Injury to the satisfaction of the Injured
employee, then the supplementary salary as provided by
Resolution No. 39802 shall not be jeopardized if
litigation is subsequently filed by the employee.
3. In the event an employee desires the presence of an
attorney to discuss a controversy with representatives of
the 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
- 1 4- 88-571
w i th reek lest, dt I v I rig and/or dr I v trig under the I of 1 uehoe i h
violation of the provisions of Chapter 316 of the Plotlda
Statutes entitled "State Uniform Traffic Control,"
ARTICLE 10
NOTICES
The City agrees to provide in a timely fashion to the
Employee OrgahI2&tlon 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 bulletln 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 HAC, MAWP, MCPBA, and Miami PBA.
-15- 98-571
ART ICL€ 12
PtASONNPL 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 (6) members who shall be designated by the
Employee OrgahlZatloh and not more than five (6) members
designated by the Chief of Police. The Employee Organizatloh
membership shall consist of persons from within the position
classiflcat,lons 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 Ieast
once a quarter during a fiscal year at the request of either
party, and such meetings shall be scheduled during normal
business hours at a time set by the Chief of Police. Attendance
at these meetings 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 seml-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.
-16-
88-571
P
ARTICLE 13
DEPARTMENT DISCIPLINARY REVIEW BOARD
It Is the purpose of the Departmental Disclollhary Review
Board to provide a method of ascertaining the fairness and
conslsteney 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
possess adJudicatory or quasi -Judicial powers. As such, Its
hearings are nonadversary In nature; the employee appears before
the Board voluntarily at his/her request, the employee shall be
entitled to representation by an employee of his choice and shall
be permitted to examine witnesses, to present evidence and
testimony, to cross-examine, and to put on a defense. All sworn
bargaining unit employees, prior to the final determination of a
monetary fine, forfeiture of time and/or suspension In excess of
two (2) tours of duty, demotion or dismissal shall, upon written
request of the accused, If submitted within ten (10) calendar
days, be afforded a review of the recommended action by a board
composed of five (5) members of the Department, two (2) members
selected by the Department Head and three (3) members selected
by the employee from a standing list.
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.
-17- 98-571
P P
I Since the bepart(hental bisciplinary Review Is at the
request of, and for the benefit of, the employee, no pald
r overtime or compensatory time will be given for attendance before
the Board; however, a change of work hours shall be scheduled, If
possible, so that the employee will be working during the hours
that the Board Is convened.
It Is agreed that the convening of the Departmental
Disciplinary Review Board shall be effectuated as expeditiously
as possible following the written request of the accused
employee. Should the accused employee request to continue a
hearing or delay Its convening, then It is agreed that the
employee waives his emoluments in exchange for the continuance of
the hearing. Continuance or delay of the Departmental
Disciplinary Review Board upon the employee's request shall not
exceed 150 calendar days, unless In the sole discretion of
management a further continuance of the Department Disciplinary
Review Board would be approved.
Administrative actions taken that result In the employee
being carried "W" or "WW" 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-half
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.
If an employee Is recalled to finish Incomplete work or
correct error -laden work products resulting from the employee's
negligence, this Article granting recall pay should not apply.
-18-
R8-5'71.
r
Persohhel ellglble for Overtime attehding oourt or other
proceed Ihog atISing but of the course of their official dutlet
one (1) hour or less before their scheduled tour of duty shall
receive one (1) hour of overtime.
PerSohhel ell$Ible for overtime attehdlm g 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
the number of hours elapsed from the scheduled end of his tour of
duty to the end of the court proceedings, whichever figure is
greater.
Personnel covered by this Agreement, who are on authorized
disability or sick leave, and are obligated to have a physical
prior to reporting for work, shall not receive call -in or
overtime pay.
ARTICLE 15
TRANSFERS
It shall be the sole right of the Chief of Police to
transfer employees between any subsection of the organization as
the exigence of 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,
-19-
98-5'71
r P
Specifically exeIUded frorh the sIx (6) day not ItIeat IOM period
are temporary Changes of hours or days off hecessitated by
special events, Civil disturbances, sots of God, and ether
emergency situations. The six (6) days' notice shall be waived
upon consent of the employee.
ARTICLE 16
OVERTIME/COMPENSATORY TIME
All work performed In excess of an employee's normal work
day or In excess of an employee's normal work week shall be
considered overtime work, provided 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
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,
-20- 98-571
r
P` .,l_GLE--A 7
410 PLAN
Those oper'at I ohs Currently work I hg the four ( 4 ) day, ten
(10) hour work schedule wlII oohtlnUe through the Ilfe of thls
Agreement.
Should the Chief of Police determine the 4-10 Plan In Its
entirety or In part Is detrimental to the efficient operatlon 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.
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 withthe following schedule. The Increases will be
effective on the first day of the first full pay period following
the dates Indicated.
October 1, 1987 - 0%
October 1, 1988 - 4%
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
-21-
{
98-571.
olassiflcatIon of Police Officer until they have satisfactorily
completed six (6) months of the 0r0batI0hary 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.
Shift differential shall be pald 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 - t.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
be effective the first day of the payroll following the effective
date of the change.
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 attaln ten or fifteen years of service on
or after October 1, 1983.
Any pay supplements received shall be calculated on the
employee's base rate.
A 20 year longevity step will be Implemented effective the
first full pay period following October 1, 1988. The 20 year
longevity will be granted In the same manner as the 10 and 15
year longevity steps.
-22- 98-5 71.
r
tffective upon ratification of this agreement all active
sworn bargaining unit members shall receive a quarterly Crime
Prevention payment I the amount of $326.00 on a fiscal year
basis. Following the first full pay period after ratlfication,
sworn bargaining unit members shall receive a lump sum
retroactive payment to January 1, 1988 in the amount of $660.00.
All hours of leave of absence without pay shall be
deducted from the Crime prevention payment on the basis of $.62
per hour. Said Crime Prevention payments shall be made the first
full pay period following December, March, June and September.
ARTICLE 20
TOTAL AGREEMENT
The parties agree that this Collective Bargaining
Agreement represents the total agreement for terms and conditions
of employment during the life of this contract and no request
shall be made to Increase other employee benefits through the
Civil Service Board or the City Commission during the life of
this Collective Bargaining Contract.
Such Agreement precludes the Initiation either directly or
Indirectly of any municipal legislation which would result In the
alteration or cost Increase of the benefits agreed to In this
Collective Bargaining Agreement or to increase the cost of other
employee benefits not specifically provided for In this
Collective Bargaining Agreement.
ARTICLE 21
HOLIDAYS
The following days shall be considered holidays:
New Year's Day Columbus Day
Washington's Birthday Veterans' Day
Memorial Day Thanksgiving Day
Independence Day Day after Thanksgiving
Labor Day Christmas Day
Dr. Martin Luther King's Birthday
-23- 98- 571
Any additional ho I l days dec I lied by off I c I a I d'i teot I ve of
the City Manager shall be added to the above list.
tmoldyees 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 addltioh to overtime pay.
All conditions and pualiflcations outlined In Article 16,
tl.tled "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
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.
-24- 98-5 71
r
ARTICLE 23
UN I FOf2IJl ALLOWANCE
A l l ef11p 1 Oyees author I zed to rece 1 ve a c I ath I Pig a l IOW& Ce,
shall redelve a clothing allowance of $65.00 per Month except
efhO I byees 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.
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:
-25- 98-5 71,
5,
A. the Wficer must 15tOdube his or her individual fitted
bulletproof vest end the reoelpt of pwl=ohase for said
vest.
6. The Chief of PoIIbe wIII appoint a person to Inspett end
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
specifically provided for or abridged by this Agreement, shall
remain In full force and effect for the duration of this
Agreement,
-26-
98-5 71
r P
The City and the tftlp l byee Ot-gah l Zat l bh w l I I meet at the
request of either party to hegotlete shy proposed changes In
those rights and benefits not specifically covered by this
Agreement, provided however no changes shall be Made except where
a waiver exists or where the change Is negotiated in accordance
with Chapter 447, Florida Statutes.
ARTICLE 25
GROUP INSURANCE
The City agrees to pay 100% of the current life Insurance
coverage now enjoyed by the members of the bargaining unit.
The City will contribute $41.82 per pay period toward the
cost of employee health coverage and $50.02 per pay period toward
the cost of dependent coverage where the employee elects such
coverage. The City shall contribute $160,000 to the FOP Health
Trust within 60 days after ratification of the labor agreement
and an additional $150,000 on October 3, 1988.
The Employee Organization shall maintain Its own group
health, I I f e 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 l.lablilty 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.
-27- 98-57 9
the €M016yee brgahIZatioh &M-ees to enroll sworn
M&Mhgemeht persohhel Ih Its D'Iah It those lhdivlduais eleot such
coverage:
In the eVent the City Is required to take back retlrees
Into Its City Health Plan, the parties herein will promptly meet
and negotiate the following Issues:
A. Continuation of the FOP Health Trust, If any,
B. Placing the actives and retired police employees In
the City's plan or In an H,M,O.
C. Dispersal of plan assets, If any after all claims are
paid.
D. And other such Insurance Issues as may arise,
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 deference In the payment of group health
Insurance contributions by bargaining unit employees.
The parties agree to share equally the Implementation
costs and. to sp I I t any costs I ncur red up to $5,000 each to tax
qualify the deduction of group health insurance premiums.
ARTICLE 26
PROVISIONS IN CONFLICT WITH LAW
If this Agreement or any provision, section, subsection,
sentence, clause, phrase, or word of this Agreement Is In
conflict with any law as finally determined by a court of
competent Jurisdiction which had presented to it the Issue of
conflict as It may pertain to this Agreement, that portion of the
Agreement In conflict with said law or ordinance or resolution or
court Interpretation of the law shall be null and void and
subject to renegotiation, but the remainder of the Agreement
shall remain In 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.
-28- 88-571
■
r r
AATICLE 21
EMPL.6YEE ORGANIZATION T I Mt POOL
Am employee organlzatlon time pool Is hereby authorized
Subject to the following:
1. The City agrees to establish a time pool bank of five
thousand (5,000) hours per fiscal year to be used in
accordance with the provisions of this Article,
2. For each employee, except the Employee organization
President, who Is authorized to use time from the time
pool. the President shall fill out the appropriate form as
provided by the City. This form shall be processed
through channels of the employee who is to use the pool
time. The form must be processed so that a copy shall be
In the Office of the Chief of Police a minimum of seven
(7) calendar days prior to the time the employee has been
authorized to use the pool time. It is understood on rare
occasions the seven (7) day time IImit may not be met.
The President then shall forward a detailed explanation to
the Chief of Police as to why the seven (7) day rule
wasn't met. Failure to file this properly completed pool
time usage form within seven (7) days or failure to file
an explanation with the Chief of Police as to why the
seven (7) day time Ilmit wasn't met, shall result In the
employee not being paid for all such time requested.
3. Employees shall be released from duty on pool time only If
the needs of the service permit, but such release shall
not be unreasonably denied. If because of the needs of
the service an employee cannot be released at the time
desired, the Employee Organization may request an
alternate employee be released from duty during the
desired time.
4. Employee Organization Time Pool hours will be used on an
hour for hour basis, regardless of the hourly rate of the
employee using Time Pool time. In reporting an employee's
absence as a result of utilizing the Organization Time
Pool, the dally attendance record shall reflect:
"Officer Doe on AL" (Authorized Leave)
-29-
A 8-5'71,
■
r
Amy Injury received or any Atdldeht Incurred by an
employee whose time Is being paid for by the employee
brganllatlon Time Pool, Or while engaged Ih activities
pald for by the Employee Organization Time Pohl, Shall hot
be considered a Ilhe-Of=-duty Injury, nor shall such injury
or accident be considered to have been Incurred In the
course and scope of his employment by the City within the
meaning of Chapter 440, Florida Statutes as amended,
except for Injuries sustained In Dade, Broward or Monroe
Counties while In the course of attempting to halt a
felony In progress or apprehending a fleeing felon.
6. Upon written request through channels the Employee
Organization President will be released for the term of
this Agreement from his or her regularly assigned duties
for the City of Miami Police Department. The terms of
this Agreement for such release are only to be Implemented
If the following qualifications are met by the Employee
Organization:
(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
"A.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.
-30- 1 98-571,
r
7, A11 appilCab le rUIet, reaUIatIbrit, and brders §hail apblY
to any persoh on tithe pool release+ Violations Of the
above -mentioned rules, regulations and orders shall
subject the employee on pool time to the regular
disclpllhary processes currently provided for In the Miami
Police Department.
8, The City reserves the right to rescind the provisions of
this Article In the event any portion of the Article Is
found to be Illegal. Cancelling the Article shall not
preclude further negotiations of future employee pool
time.
9. Each employee covered by this Agreement may voluntarily
contribute compensatory time and/or vacation time to the
Time Pool in 4-hour Increments.
10. Each employee who wishes to donate time will use a time
pool donation form which will be provided by the City.
This form shall Include language releasing the City from
any and all liability to pay for compensatory time or
vacation time contributed by the employee to the Time
Pool.
11. Members of the bargaining unit who are elected executive
officials of the Fraternal Order of Police shall be
permitted to attend one meeting each month of the
Fraternal Order of Police without loss of pay subject to
prior knowledge and approval of the Chief of Police.- Pay
for elective officials who are on duty shall be charged
against the Employee Organization Time Pool. The monthly
meetings shall be limited to two (2) hours and shall
Involve no more than eleven (11) executive officials.
ARTICLE 28
DISCRIMINATION
No employee covered by this Agreement will be
discriminated against because of race, creed, national origin,
sex or organization membership. All references In this Agreement
to employees of the male gender are used for convenience only and
shall be construed to Include both male and female employees.
-31- 98-571.
r r
Any employee as a condition of relying u156h this
cohtractuaI pfovIsIon In a Cr(evahCe pFOCeedIho exprett1y 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.
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 circumstances 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
COMMENDATION PAID LEAVE
The Chief of Police, upon approval of the City Manager or
his designee, may grant up to forty (40) hours of paid leave to
any sworn officer whose Job performance Is of such an exemplary
or heroic nature as to warrant this special consideration. This
Article shall not be subject to the Grievance Procedure or
arbitration.
-32-
9 8-si 1-
r r
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 arlslhg
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.
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
employee was earning at the time the employee was placed on
disability. If an employee Is unable to take a previously
authorized vacation due to cancellation by his/her Department,
any hours In excess of the 100 hours which would have been
forfeited shall be paid for at the employee's January 1, hourly
rate of pay.
ARTICLE 34
BLOOD DONORS
Employees covered by this Agreement who volunteer as blood
donors to contribute to City supported Blood Donor Organizations
will be authorized the absence necessary to accomplish this
purpose. The Blood Donor Organization's personnel will determine
what amount of time the donor will need from the point of
donation till they are released to go back to work.
-33- 88-571
OT I GL 36
SICK LEAVE
Any employees covered by this Agreement who retired after
November 18, 1978, shall be paid for all uhused 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 retirement be
paid for all accumulated sick leave up to a maximum of nine
hundred sixty (960) hours. It Is the Intent of this provision
that no employee wlII be paid for sick leave In excess of eight
hundred (800) hours except to the extent that such excess existed
on November 18, 1978.
Any employees not covered by Section 1 of this Article who
retire 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 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.
-34-
98-571
V r
Such donations of tBrie ShaII 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
authori2ed. Should there be extraordinary circumstances beyond
what Is contained In this Article, a bargaining unit employee may
request consideration from the Labor Relations Officer for a time
transfer. The Labor Relations Officer's decision shall be final.
ARTICLE 36
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
In an effort to identify and eliminate on or off duty
controlled substance/alcohol abuse, urinalysis/blood tests*
*(blood tests as referenced in Section 3 of the Memorandum of
Understanding on Article 36, Substance/Alcohol - Personnel
Screening) shall be administered as provided herein:
1) As part of a scheduled physical examination program where
participation Is required of all sworn department personnel.
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 bargaining unit member alleges that an order made
under this section Is not consistent with the criteria cited
�i
herein, he shall comply with the order, and may simultaneously
J.
y
1
-35- 98--5 71
■
r
file a protest with the CbMmuhicator of the older, Disputes
Air 1 s'I fig out of such protests tha I I be arbitrable under Art I C 1 e 6
of this Agreement.
Refusal to comply with an order to Submit to such an
examination will constitute the basis for dlsclplinary action Up
to and Including dismissal.
Any positive test for a controlled substance which Is
confirmed by Gas Chromatography/Mass Spectrometry (0,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.
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, 1987
and shall continue In full force and effect until 11:59 P.M.,
September 30, 1989.
On or before May 1, 1989, 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.
On or before May 1, 1989, the City will present the
Employee Organization with a list of proposals It desires to
negotiate, together with specific language describing Its
proposals.
-36- f S-'5"71
Initial dlscUsslohs shall thereafter, and no later than
June 11 1099, be entered into by the City and the EMOI tiyee
CrgaMl2atiohi
if any provision of this Coliettive Bargaining Agreement
Is in conflict with any law, ordinance or resolution over which
the City Manager has no amendatory power, the City Manager shall
submit to the City Commission a proposed amendment to such laws
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
Clty'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.
-37- 98-571
rm
Agreed to this day of �_.w___...._r...... t i 0.-, by ahb
between the respective Dartles through am aUthofited
reoresehtative Or rebresehtatIves of the Employee Organization
and by the City Manager,
FRATERNAL ORDER OR 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 C TNESS/
4ws
CITY TORNEY
i
a
'1
i
-3 s- 88-571
3
V
C
A61JENOUM NO. 1_(2 Rages)
MEMORANDUM OF UNDERSTANDING
R€: 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 white
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 or a urine
sample of their choice at either a hospital or
accredited testing lab, as chosen by the City.
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 awalt an F.O.P.
representative. A recorded telephone call will be made
to the F.O.P. President advising of said pending test,
but In no Instance will the thirty (30) minute waiting
rule be waived or will the employee taking the test
have more than one representative present.
5. Any test showing a "positive" result will be confirmed
by the GCMS method before administrative action Is
commenced.
-39- (Page 1 of Addendum No. 1)
98-5 71.
V V
6. Of f i cer s Shall be notified of a pos I t I ve result and be
DIven an opportunity to present themselves for a second
sample at a time Chosen by the City. In no event shall
the second test be held later than 12 hours after the
notice that the first test was positive. Notice to the
employee of the first test being positive shall be
considered to have been served upon the employee by a
representative of the Department delivering a notice to
the Officer's last known residence as shown on the
Department's personnel roster. In the event an Officer
declines to offer a second sample, the reserved portion
of the first sample will be utilized.
7. All chemical tests shall be conducted as soon as
practical, preferably the same day.
S. 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 Klnne
President
DATE:
FOR THE CITY OF MIAMI,
MIAMI, FLORIDA
Dean R. Mielke
Labor Relations Officer
-40- (Page 2 of Addendum No. 1)
U
ADDENDUM. NO. 2_ (1_ page)
MEMORANDUM OF UNDERSTANDING
SWORN OFFICERS KILLED IN THE LINE OF_bUTY
Any full=time Sworn Miami police Officer who it killed while
In the performance of his or her official duties or who
subsequently dies from Injuries within 12 months of the Incident
from his or her wounds shall be given a promotion to the rank of
Major. Leave balances will be paid off at the hourly rate of the
newly promoted rank. Further, the beneficiary of the deceased
shall receive a sum of $76, 000 from the City of Miami upon said
employee's death. Application shall be made to the Personnel
Management Department for payment of such death benefits. The
effective date of this article shall be retroactive to January 1,
1988.
FRATERNAL ORDER OF POLICE, FOR THE CITY OF MIAMI,
MIAMI LODGE NO. 20 MIAMI, FLORIDA
Richard Kinne Dean R. Mlelke
President Labor Relations Officer
DATE:
-41- (Page 1 of Addendum No. 2)
APPENDIX 'A"
EFFECTIVE OCTOBER 12,`1986
1st
2nd
Longevity
Longevity
Number
Class Title Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
('10 yrs. p
(15 yrs.),
5005
Police Officer 24C
*25,875
27,206
_ 28,621
30,014
-31,512
33,051
34,736
36,442
39,3714
5011
Police Sergeant 27C
30,014
31,512
33,051
34,736
36,442
38,314
40,186
42,203
44,346
5012
Police Lieutenant 30C
34,736
36,442
38,314
401,186
42,203
44,346
46,571
49,938
51,314
5013
Police Captain 33C
40,186
42,203
44,346'
46,571
48,838
51,314
53,934
56,635
5,9,426
5003
*Police Recruit Salary:
24,690
(Entry level Police Recruits are paid
5% less
than Step 1 of Police
Officer for
first
six
months).
**Note:'
No Across -the -Board Increase FY 1987-88-
C1t
�.a
APPENDIX "B
EFFECTIVE OCTOBER 9, 1988
Class, Longevity
2n 3Fv
Code- Longevity Longevity Longevity
Number Class Title Range Step 1 Step 2 Ste 3 Step 4 Step 5 - Step 6 Step 7 (10' yrs.� (.15 Yrs.p20
5005 Police Officer 24C 26,915 28,288 29,764 31,220 32,780 34,382 36,12937,897 39,852 41,797
i 5011 Police Sergeant 27C 31,220 32,780 34,382 36,129 37,897 39,852 41,787' 43,988 46,113 49,443
a
w 5012 Police Lieutenant 30C 36,129 37,897 39,852 41,787 43,888 46,113 48,44.3 50,793 53,372 56,097
5013 Police Captain 33C 41,787 43,888 46,113 48,443 50,793 53,372 56,097 58,905 61,796 64,896
5003 *Police Recruit Salary: 25,667
(Entry level Police Recruits are paid 5% less
than Step 1 of Police Officer for first six
months).
1
CA,_kSS-COM_.NUM81EA
6005
6011
6012
6013
APPEND I.X-10!
RAAGA 1-NI NG-VISO
CLA�$�, T I TLE
Police officer
Police Sergeant
Police LieuteMbht
Pollee Captain
EXCLUDED CLASSIFICATIONS
8077
Police MaJor
8079
Police Colonel
8180
Executive Assistant to
Chief of Police
8280
Assistant Chief, of Police
8380
Chief of Police
8480
Deputy Police Administrator
9012
Auxiliary Police Officer
Of
dItY OF MIAMI, FLORIDA
INTtk-O FICE MEMORANDUM
'O Honorable Mayor and Members DATE JUN j 6 1q,88 VILE
o f t h e City Comin I S S I o n �j it 1 (�
SUBJECT Resolution Ratifying Labor
is Agreement Between City of
Miami and Fraternal Order
REFEREN,ESof poi Ice, Lodge No. 20
Cesar H . -Od l o
City Manager VV 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 IVo. 20 for the period of October
1, 1987 through September 30, 1989 per the attached resolution.
BACKGROUND:
Under Florida Statutes, Chapter 447, the City is required to
bargain collectively with the certified bargaining
representatives of the Police bargaining unit, the Fraternal
Order of Police, Lodge No. 20. The City and the Fraternal Order
of Police. Lodge No. 20 representatives have been meeting since
June, 1987 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
0% wage increase for FY'87-88 and 4% wage increase for FY'88-89.
Sworn Bargaining Unit members shall receive a $325 quarterly
Crime Prevention Pay supplement, a 20 year longevity step has
been added to the pay plan and sworn officers assigned as Field
Training Officers shall receive a 5% pay supplement. In
addition, Martin Luther King's Birthday has been designated as an
official holiday, and a $300,000 contribution to the FOP's Health
Insurance Trust shall be made over the life of the contract.
Please see attached memorandum for cost analysis.
CC: Law Department
Budget Department
88-5 71.
dit1t OP MiA.Mt. IrLoRlbA
iNft1§,bPPlCt MCM01RANIJUM
CatAt H4 15dI6 DATE June 0, 1088 ihLt
City Manager
Contract Settlement with
Lodge No. 20
dean A. Mlelk
Labor At I at I o%tll of f I Cer FNCLOSURf S One
The City's negotiating team successfully concluded contract
negotiations with the Fraternal Order of Police, Lodge No. 20
Tuesday afternoon. June 1, 1988.
A summary of the more sIgnI f Icant changes and their estimated cost
Impact Is displayed below:
Article No. Subject Cost Increases
19 Wages: Provides for a 0% FY 87-88
Increase for FY 1987-88 and
a 4% Increase for FY 1988- 0% Increase: $0
89.
FY 88-89
4% w/o rollupt $1,485,793
4% w/rollup: $2,051,881
Provides for a quarterly FY 87-88
Crime Prevention supple-
ment retro to January 1, $1,005,225
1988 In the amount of
$1,300 per year. FY 88-89
$1,340,300
Provides for a 5% supple- FY 87-88
ment for up, to 60 Field
Training Officers retro to w/o rollup:
October 1, 1987. w/rollup: $118,331
FY 88-89
w/o rollup: $112,407
w/rollup: $155,235
1
01
Cesar H : tad i b
Article No, SubJ_ett
�_246
Longevity- Provides for an
addit-lonal 5% supplement
for 20 years of service
effective FY 88-89,
21 Ho_I_Idays: Martin Luther
King's Birthday designated
as an official holiday.
23 Uniforms: Provides for a
$436 reimbursement for the
purchase of bulletproof
vests.
Juhe 9, i988
Cott
11`)C_rea$e5
FY 88-89
W/o rollup:
$271,534
w/rollup:
$374,989
FY 88-89
W/o rollup:
$209,244
w/rollup:
$288.966
FY 87-88
$30.000
FY 88-89
$30,000
25
Group Insurance: Provides
FY 87-88
for a $150,000 contribution
within 60 days upon
$150,000
ratification of the con-
tract and another $150,000
FY 88-83
contribution In October,
1988 to the FOP Health
$150,000
Trust.
38
Conclusion: This Agreement
Is .two years In duration
and expires on September
30, 1989.
Memorandum
Officers Killed In Line of
FY 87-88
of Under-
Duty: Provides for a
standing
promotion to Ma)or and
$150,000
$75,000 death benefit to
beneficiaries of officers
FY 88-39
killed in the Line of Duty.
This provision Is retro to
Unknown
January 1, 1988.
Promotional
Assessment Center: Deve-
FY 87-88
Testing
lopment of Assessment
Center for promotions of
$100,000
the rank of Sergeant,
Lieutenant and Captain at
FY 88-89
an estimated annual cost of
$100,000:
$100,000
88--5'71
r1
il
Cesar W . tad l o
8stithate of total pY 87=88 cost Increase:
W/o rollup $1,543,309
W/rollup $11661,690
[stlmate of Total PY 88=89 Cost Increase:
Juht 8 z 1988
w/o rollup $3,699,978
w/rollup $4,491;371
We anticipate that the Fraterhal Order of Pollee Will ratify the
Agreement In the near future, Thereafter, it remalh5 for the City
Commissloh to ratify.
NS--5 7-1