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HomeMy WebLinkAboutR-84-0028a 3-83-1139 1 2/27/8 3 r r /D-5 RLSOLUT ION NO.84-40 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BETWI:EN THE CITY OF III AMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FRATERNAL ORDER OF POLICE, LODGE NO. 21), FOR THE PERIOD OF OCTOBER 1, 1983 THROUGH SEPTEMBER 30, 1985 UPON THE TERMS AND CONDITIONS SET I0RIH IN THE ATTACHED AGREEMENT. BE IT RESOLVED BY THL COMMISSION OF THE CITY OF 141All I, 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, 19133 through September 30, 1985 upon the terms and conditions set forth in the attached agreement. PASSED AND ADOPTED this 19th day of January , 1984. T: CJ'%�. Q AL G. ONGIE, CITY CLE PREPARED AND APPROVED BY: i,' ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: Ju r uhnuih—r C ATTORNEY Maurice A. Ferre M CITY COMMISSION MEETING OF J AN 199 1984 RESOLUTION No. O- 4- 2N REMARKS. � r i 37 TO, Howard V. Gary City Manager CITY OF MIAM1. FLORIDA INTEROFFICE MEMORANDUM FROM Dean R. Mielke 1` Labor Relations Officer DATE: December 27, 1983 FILE: -SUBJECT Resolution Ratifying Labor Agreement Between City of Miami and F.O.P. Lodge 20 REFERENCES: ENCLOSURES: It is recommended that the City Manager enter into a collective bargaining agreement between the City of Miami and the employee organization known as the Fraternal Order of Police, Lodge #20, for the period of October 1, 1983 through September 30, 1985, per the attached Resolution. Under Florida Statute, Chapter 447, the City is required to bargain collectively with the certified bargaining representatives of the police bargaining unit, Fraternal Order of Police, Lodge #20. The City and Fraternal Order of Police representatives have been meeting since May, 1983 in an effort to reach agreement acceptable to both sides. As a result, the City and the Fraternal Order of Police have agreed to a two-year agreement providing for a 3% increase in wages retroactive to October, 1983; 5% in July, 1984; 3% in October, 1984; and 5% in July, 1984 (see attached memorandum). In addition to the wage increase, improvements were made to the Pension System (see attached memorandum). It is recommended that the City Manager be authorized to enter into the attached collective bargaining agreement between the City of Miami and the Fraternal Order of Police, Lodge #20. DRM/pl cc: Law Department Management & Budget t 84-28. CITY OR MIAM1. IrL01013A WERrOFFICE MEMORANDUM TO: Howard V. Gary GAT[: December 141 1983 FILst City Manager Dean R. Mielk Lahor Relation Officer sus,[cT. Contract Settlement with F.O.P., Lodge 20 RptR[NC[R: 4 - [NCLOtURLic The City's negotiating team successfully concluded contract negotiations with the F.O.P., Lodge 20 on Tuesday evening, December 13. Over the course of the bargaining sessions, the entire contract - was reviewed and changes were made to 14 of the 35 Articles _ comprising the old agreement. _ - --""--- A summary of the more significant changes acid their estimated --'� cost impact is displayed below: _. Article No. - Subject Cost Increase - 19 Wages: Provides for a 38 FY 83-84 increase retroactive to w o ro lup $1,1611,355 - " October, 1983; 58 in July, w/rollup 1,718,805 ----:- _ 1984; 3% in October, 1984; FY 84-85 and S% in July, 1985.* w/o, ro lup $1,2568006 w/rollup 1,8581889 . 23 - '_'- -Uniform Allowance:- Monthly'-F$30,000-per 'ear--'- -- plain clothes a owance is - - -- - - increased from $35 to $45. - - - - - _ 25 Group insurance: F.O.P. to Assuming rate increase provide health -insurance-. effective 3-1-84: - - to all bargaining unit $851000 employees and past or future'-_ .. ..._ - -retirees -prior -to -7/1/84:-...r...:_ —... - . _ :.7. _ _ If City raises rates prior ._ - - - ----.--- ---- - ----to 7/1/84; -it- will increase- ` contribution to F.O.P. - --- - - - -.. -: insured by $2 66/pay =day for`=', single coverage and _pay pay day for dependent - ... .... - - coverage. 84-28-. 1 4 Howard V. Gary 2 December 14; 1983 Pension Agreement was also reached relative to Pension System changes. No changes will be implemented until all outstanding litigation relative to the Gates/shortfall/variable annuity, and related suits have been resolved. Principle changes include: Normal Retirement under Rule of 70 for current em to ees only; use of highest single year for determining the final compensation formula; vesting requirement reduced from 15 to 10 years; adoption of a COLA provision; tax qualification of System under IRS Code 414(h); and increased employee contribution from 8.5% to 10.5% of pay. Upon implementation, cost of the benefit improvements will approximate 1.75% of payroll. This represents approximately $475,000 for police only. This will be _.-- funded through payments made to the System in accordance with the settlement agreement of the law suits noted above. The funding arrangements has been fully endorsed by the City's actuarial consultants. 35 . Conclusion: This agreement is two years in duration and expires on September 30, 1985 and the F.O.P. further agrees there will be no pension bargaining requests for three years. The tax qualification referred to will require a restructuring of the Director/Assistant Director benefit which will cost approximately $100,000. Estimate of Total FY 83-84 Cost Increase: w/o rollup $1,276,355 w/rollup $1,833,805 -- Estimate of Total FY 84-85 Cost Increase: -- - w/o rollup $1,533,644 w/rollup $2,106,527 We anticipate that the F.O.P. will ratify the Agreement in the near future. To enable prompt implementation of the new Agreement, it is - hoped that the City Commission can ratify it as soon as possible subsequent to the F.O.P.'s ratification. cc: Manohar Surana, Director, Management & Budget '- Jose R.. Garcia -Pedrosa,_ C ty_Attorney Of i AGREEMENT BETWEEN CITY OF MIAMI, MIAMI, FLORIDA U-70701 FRATERNAL ORDER OF POLICE, LODGE #20 OCTOBER 1, 1983 THROUGH SEPTEMBER 30, 1985 84-28_ 4 1) TABLE OF CONTENTS ARTICLE PAGE AGREEMENT 1 BLOOD DONORS 33 32 BULLETIN BOARDS 11 15 COMMENDATION PAID LEAVE 31 32 CONCLUSION 36 40 DEATH IN FAMILY 30 31 DEPARTMENT DISCIPLINARY REVIEW BOARD 13 16 DISCIPLINARY PROCEDURE 8 11 DISCRIMINATION 28 31 EMPLOYEE ORGANIZATION TIME POOL 27 28 FLOATING HOLIDAY TIME 22 23 4-10 PLAN 17 20 GRIEVANCE PROCEDURE 6 5 GROUP INSURANCE 25 26 HOLIDAYS 21 23 ILLNESS IN FAMILY 29 31 LINE OF DUTY INJURIES 9 13 MANAGEMENT RIGHTS 4 3 NO STRIKE 5 4 NOTICES 10 1.5 OVERTIME/COMPENSATORY TIME 16 19 PENSION 35 34 PERSONNEL PRACTICES COMMITTEE 12 15 PREAMBLE 1 PREVAILING BENEFITS 24 26 PROVISIONS IN CONFLICT WITH LAW 26 27 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 11 SCHEDULE A -SYSTEM CONTRIBUTION 39 SICK LEAVE 34 32 STANDBY 18 21 TOTAL AGREEMENT 20 .22 TRANSFERS 15 19 UNIFORM ALLOWANCE 23 24 VACATION CARRYOVER 32 32 WAGES 19 21 APPENDIX "A" 42 APPENDIX "B" 43 APPENDIX "C" 44 APPENDIX "D" 45 APPENDIX "E" 46 11 U J 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 FRA- TERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE 020, hereinafter referred to as the "Employee Organization," an orga- nization 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 provi- sions of the Florida Public Employees Collective Bargaining Law, Chapter 447, Florida Statutes, management recognizes the Employee Organization as the exclusive collective bargaining representa- tive 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 hold- ing positions in the classifications shown in Appendix E or which may hereafter be added to, reduced or changed as hereinafter provided, and excludes all other employees not specifically in- cluded in Appendix E as it now exists. Any changes in the bar- gaining 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- 84-28- 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 organi- zation by the City Manager. The City Manager, or his designated representative, shall have sole authority to conclude an agree- ment 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 repre- sentatives for the purpose of negotiating an agreement. Any ne- gotiations 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 representa- tive 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 identi- fication of representatives shall be made each year by April 1st. Such designation shall be accompanied by an affidavit executed by said President or Chairman that the Employee Organization has complied with all requirements of State Law in effect at that time with respect to registration of the Employee Organization. The President or Chairman of the Employee Organization, or person or persons designated by said President, shall have full author- ity to conclude an agreement on behalf of the Employee organiza- tion, subject to ratification by a majority vote of those bar- gaining unit employees voting on the question of ratification. It is understood that the Employee Organization representative or representatives are the official representatives of the Employee -2- 84-28_ . 9 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 Em- ployee 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 Organi- zation or of any certified representative of the Employee Orga- nization. Up to five (5) designated representatives of the Em- ployee 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 re- tained by the City. The rights of the City, through its manage- ment officials, shall include, but shall not be limited to, the right to determine the organization of City Government; to de- termine the purpose of each of its constituent departments; to exercise control and discretion over the organization and effi- ciency 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, exam- ine, classify, promote,. train, transfer, assign, and schedule employees in positions with the City; to suspend, demote, dis- charge, or take other disciplinary action against employees for proper cause; to increase, reduce, change, modify or alter the -3- 84-28_ FA 0 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 estab- lish, 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 Proce- dure contained herein. Delivery of municipal services in the most efficient, ef- fective and courteous manner is of paramount importance to the City of Miami. Such achievement is recognized to be a mutual obligation of both parties within their respective roles and responsibilities. ARTICLE 5 NO STRIKE "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 resigna- tions, the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of their du- ties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the ser- vices of the City, picketing or demonstrating in furtherance of a 84-28_ -a- 9 0 work stoppage, either during the term of or after the expiration of a collective bargaining agreement. Neither the Employee Organization, nor any of its offi- cers, agents and members, nor any employee organization members, covered by this Agreement, will instigate, promote, sponsor, en- gage 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 Or- ganization occupies a position of special trust and responsibil- ity in maintaining and bringing about compliance with this Arti- cle and the strike prohibition in F.S. 447.505 and the Constitu- tion of the State of Florida, Article I, Section 6. Accordingly, the Employee Organization, its officers, stewards and other rep- resentatives 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 inter- ruption which may be initiated by others; and their responsibil- ity, in event of breach of this Article or the law by other em- ployees 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 grievnble or arbitrable under the provisions of Article 6 - Grievance Procedure. ARTICLE 6 GRIEVANCE PROCEDURE 1. In a mutual effort to provide harmonious working relations between the parties of this Agreement, it is agreed to and un- derstood by both p4rties 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. -5- 84-28_ . 0 2. A grievance is any dispute, controversy or difference be- tween (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 pro- visions 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 griev- ance, 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 ini- tiating 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 Proce- dure 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 ad- justment of said grievance. 4. To simplify the Grievance Procedure, the number of "working days" in presenting a grievance and receiving a reply from the different levels of supervision shall be based upon a forty (40) hour, five (5) day work week, Monday through Friday. 1. -6- 0 0 Any grievance not processed in accordance with the time limits provided above or not supplemented by a completed and signed Election of Remedy form shall be considered conclusively abandoned. Any grievance not answered by management within the time limits provided will automatically advance to the next higher step of the Grievance Procedure. 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 Po- lice 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 rep- resentative on their behalf. The Election of Remedy form as provided in Section 3 of this Article must be completed and at- tached to grievances presented directly at Step 4. All grievances must be processed within the time limits herein pro- vided 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 pro- cedure 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 ffm- disputes involving the grant of supplemental disability pay shall be grievable. -7- 84-28_ . 9 0 S. Grievances shall be processed in accordance with the fol- lowing procedure: Step 2. The aggrieved employee shall discuss the grievance with his immediate supervisor within five (5) working days of the occurrence which gave rise to the grievance. The Em- ployee organization representative may be present to rep- resent the employee if the employee desires him present. The immediate supervisor shall attempt to adjust the mat- ter and/or respond to the employee within five (5) working days. 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 Sec- tion three (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 griev- ance 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 pro- vided 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. -8- 84-28_ . 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 Department Head within seven (7) working days from the time the response was given at Step 2. The Department Head or his designee shall meet with the employee and/or the Employee Organi- zation 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 repre- sentative 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 either the Employee, Employee Organi- zation 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 follow- ing, 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 -9- 84-28_ . it 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 Organi- zation or employee shall mutually agree in writing as to the statement of the matter to be arbitrated prior to a hearing; and if this is done, the Arbitrator shall confine his decision to the particular matter thus specified. 4. Each party shall bear the expense of its own witnesses and of its own representatives. The parties shall bear equally the expense of the impartial Arbitrator, including any retainer fee of the Arbitrator. The party desiring a transcript of the hearing will bear the cost of same. S. Copies of the award of the arbitration made in accordance with the jurisdiction or authority under this Agreement shall be furnished to both parties within thirty (30) days of the hearing and shall be final and binding on the aggrieved employee or employees, the Employee Organization and the City. 6. The Arbitrator shall be selected by agreement of the par- ties. In the event the parties cannot agree upon an Arbitrator, the Florida Public Employee Relations Commis- sion 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 Organi- zation striking a name first, then the City striking a name, and the remaining person shall be the Arbitrator. -1°- 84-28- E ARTICLE 7 RULES OF CONSTRUCTION It is agreed and understood that this Agreement consti- tutes the whole Agreement between the parties. Notwithstanding any other term or provision of this Col- lective 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 Where an investigation is initiated by the City of Miami Police Department against an employee where a formal statement 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 se- riousness 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. However, if he or she is eventually found guilty of the charges through the applicable Admin- istrative processes, any overtime gained shall be for- feited in addition to any penalty imposed for the viola- tion. If it occurs while on duty, a commanding officer, or a supervisor of the employee, shall be notified of the interrogation. -11- 0 0 (b) If the interrogation is conducted by or for the Depart - meet, it shall take place in the 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 the Miami Police Station. (c) The employee shall be informed of the rank, name and com- mand of the officer in charge of the investigation, the interrogating party and all persons present during the interrogation. All questions directed at the employee shall be asked by and through one interrogator at any one time. (d) The employee shall be informed of the nature of the in- vestigation 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 offen- sive 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 origi- nal interrogation. This will not preclude an investigator from asking questions at a later time that were not cov- ered.by the first statement. (i) No mechanical device including, but not limited to, poly- graph, 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. -12- 84-28—, 0 0 (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 represen- tative 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 representa- tive or counsel is present, he or she may advise the em- ployee as to the employee's rights under applicable rules, regulations and the current Labor Agreement. 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 Workmen's Compensation Laws of the State of Florida. The City agrees that any employee covered under this con- tract who is disabled as a result of an accident, injury or ill- ness incurred in the line of duty shall be granted supplementary salary of which a part thereof is Workmen's Compensation as pro- vided by Resolution No. 39802,'subject to the following: 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 Office of Risk Management concerning any controversy arising out of the declared compensable accident, then the supplemen- tary salary,,as provided by Resolution No. 39802, shall cease. -13- 84-28_ , U In the event that litigation is filed by an employee fol- lowing his return to work without having first discussed with personnel of the City of Miami Office of Risk Management con- cerning 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 em- ployee'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 Office of Risk Management does not resolve any controversy arising out of a compensable injury to the satisfaction of the injured employee, then the supplemen- tary salary as provided by Resolution No. 39802 shall not be jeopardized if litigation is subsequently filed by the employee. In the event an employee desires the presence of an at- torney to discuss a controversy with representatives of the Of- fice of Risk Management, the parties agree that the attorney shall receive a token fee for his presence of $75.00 per hour, not to exceed $150.00. 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 of- ficer 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." -14- 84-26; . i ARTICLE 10 NOTICES The City agrees to provide in a timely fashion to the Em- ployee Organization President or designee the following notices or bulletins: City Commission Agenda, Civil Service Board Agen- da, 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 Or- ganization. Such notices and bulletins will be delivered to the Em- ployee 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 Organi- zation a bulletin board at each City building in which the Em- ployee 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, elec- tions, and social or recreational events. 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 seven (7) members who shall be designated by the Em- ployee Organization and not more than seven (7) members desig- nated by the Chief of Police. The Employee Organization member- ship shall consist of persons from within the position classifi- cations covered by this Agreement, and the Management membership -15- 84-28_ , shall consist of persons within the City of Miami Police Depart- ment or City Management designated by the Chief of Police. This Personnel Practices Committee may meet at least 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 meet- ings 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, fol- lowing an agenda which shall include items submitted by any mem- bers 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 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 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 de- terminations and non -binding recommendations to the Chief of Po- lice on matters of discipline. Any decisions by the Departmental Disciplinary Review Board or any policies established by the De- -16- 84-28- a 0 partmental Disciplinary Review Board are not arbitrable under this Collective Bargaining Agreement. The Departmental Disci- plinary Review Board does not possess adjudicatory or quasi- judicial powers. As such, its hearings are nonadversary in na- ture; 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 wit- nesses, 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 submit- ted 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 in excess of two (2) tours of duty may be reviewed by the Chair- man of the Departmental Disciplinary Review Board if the disci- plined 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 Depart- mental Disciplinary Review Board Hearing. Since the Departmental Disciplinary Review is at the re- quest 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 Dis- ciplinary 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 de- lay its convening, then it is agreed that the employee waives his emoluments in exchange for the continuance of the hearing. -17- 84-28_ 0 0 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. 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 the number of hours elapsed from the scheduled end of his tour of -18- 84-28- , 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 over- time 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 tem- porary 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. Spe- cifically excluded from the six (6) day notification period are temporary changes of hours or days off necessitated by special events, civil disturbances, acts of God, and other emergency situations. The six (6) days' notice shall be waived upon consent of the employee. ARTICLE 16 OVERTIME/COMPENSATORY TIME All work performed in excess of an employee's normal work day or in excess of an employee's normal work week shall be con- sidered 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 re- sulting 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 -19- 84-28_ , I V 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 4-10 PLAN 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. Discontin- uance of the 4-10 Plan may not occur unless the parties agree or an Arbitrator so rules. -20- 84-28_ . I I 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. ARTICLE 19 WAGES The City agrees to increase the current wage rates in ac- cordance with the following schedule. The increases will be ef- fective on the first day of the first full pay period following the dates indicated. October 1, 1983 - 3% July 1, 1984 - 5% October 1, 1984 - 3% July 11 1985 - 5% Payment of the wage increase set forth above shall be retroactive to October 2, 1983 for employees on the payroll as of the date this Agreement is ratified. However, retroactivity shall apply only to regularly scheduled hours at the straight time rate of pay and shall not include overtime hours. 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 of Police Officer until they have satisfactorily completed six (6) months of the probationary period. Thereafter, employees in the classification of Police Officer shall be eli- gible for step increases in the same manner prescribed for em- ployees in other bargaining unit classifications. 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 Sergeant Lieutenant Captain - $.40 per hour - $.50 per hour - $.60 per hour - $.60 per hour -21- 84-2b_ , 40 410 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 dif- ferential 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; pro- vided, however, that leaves of absence shall cause the effective date of the increase to be deferred by the same number of calen- dar days embraced by said leave. This provision shall apply to employees who attain ten or fifteen years of service on or after October 1, 1983. ARTICLE 20 TOTAL AGREEMENT The parties agree that this Collective Bargaining Agree - meet 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 Collec- tive Bargaining Agreement. -22- II, 4"28- r s ARTICLE 21 HOLIDAYS The following days shall be considered holidays: New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day 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. 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 11 -23- 84-28_ . 1 4 off shall not be accrued; they must be used by the employee dur- ing 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 li- ability to pay any overtime under this Article. ARTICLE 23 UNIFORM ALLOWANCE All employees authorized to receive a clothing allowance shall receive a clothing allowance of $45.00 per month except that 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 the disability list by the City Physician 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 tempo- rarily transferred at Management's discretion to a position nor- mally authorized to receive a clothing allowance will not receive a clothing allowance unless their transfers exceed thirty (30) consecutive working days. Sworn uniform personnel may request a maximum of four (4) uniform trousers, six (6) uniform shirts and two (2) uniform hats each fiscal year. 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. Upon ratification of this Agreement, the City will reim- burse any member of•the bargaining unit up to $200.00 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. Upon receipt of proof of purchase of the 84-28- . -24- 460 bulletproof vest, the Police Department will initiate the neces- sary paper work to reimburse said officer. After the effective date of this Agreement, 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 follow- ing: 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 re- placed, the purchaser will not be reimbursed. Should the employee elect to buy a new vest from the approved list, he or she will be reimbursed consistent with the language above. C. Upon termination of employment from the City under honor- able conditions, an employee with five (5) years of ser- vice may retain his vest by making payment of fifty ($50) dollars to the City. Similarly, an employee who termi- nates his employment under honorable conditions with ten (10) years of service shall be awarded his vest upon re- quest. 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. -25- 84-28- 9 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 ben- efits provided for by ordinance of the City Commission, not spe- cifically provided for or abridged by this Agreement, shall re- main in full force and effect for the duration of this Agreement. The City and the Employee Organization will meet at the request of either party to negotiate any proposed changes in those rights and benefits not specifically covered by this Agreement, provided however no changes shall be made except where a waiver exists or where the change is negotiated in accordance with Chapter 447, Florida Statutes. 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 $28.34 per pay period toward the cost of employee health coverage and $33.89 per pay period toward the cost of dependent coverage where the employee elects such coverage. On or before July 1, 1984, the Employee Organization shall establish its own group health insurance plan. As of the imple- mentation date of that plan, all current, future, and retired unit employees shall be eligible to participate in the Employee organization's plan, but shall forfeit the right to participate in the City's plan. Employees who are members of the City's plan may continue to file claims under that plan provided they are for services rendered prior to July 1, 1984, and provided they are filed prior to September 30, 1984. All other claims shall be filed with the Employee Organization'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. 84-28_. -26- The Employee organization's plan shall provide health in- surance 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 unit employees who participate in the City's plan. If the City elects to increase the rates prior to the im- plementation of the Employee Organization's plan, the City will contribute $31.00 per pay period for single coverage and $39.00 per pay period for dependent coverage. Employees shall pay the balance of the increased rate. The City will contribute an identical amount to the Employee Organization plan for the term of this Agreement. The Employee Organization agrees to enroll sworn manage- ment personnel in its plan if those individuals elect such cov- erage. 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 con- flict with any law as finally determined by a court of competent jurisdiction which had had presented to it the issue of conflict as it may pertain to this Agreement, that portion of the Agree- ment in conflict with said law or ordinance or resolution or court interpretation of the law shall be null and void and sub- ject 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. -27- 84-28_ , LJ ARTICLE 27 EMPLOYEE ORGANIZATION TIME POOL r An employee organization time pool is hereby authorized subject to the following: 1. The City agrees to establish a time pool bank of four thousand (4,000) hours 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 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 limit 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 alter- nate employee be released from duty during the desired time. 4. Employee Organization Time Pool hours will be used on an hour for houY 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: 84-2t5_ . -28- 6 "Officer Doe on AL" (Authorized Leave) S. Any injury received or any accident incurred by an em- ployee whose time is being paid for by the Employee Orga- nization Time Pool, or while engaged in activities paid for by the Employee Organization Time Pool, shall not be considered a line -of -duty injury, nor shall such injury or accident be considered to have been incurred in the course and scope of his employment by the City within the meaning of Chapter 440, Florida Statutes as amended, except for injuries sustained in Dade, Broward or Monroe Counties while in the course of attempting to halt a felony in progress or apprehending a fleeing felon. 6. Upon written request through channels the Employee Orga- nization 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 Or- ganization: (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 Commis- sion. In the absence of the President, the Presi- dent's designee may represent the Employee organi- zation; however, the designee must comply with Sec- tion 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 compensa- tory leave will be charged to the President's em- ployee accounts. 84-26� -29- 6 C� 7. All applicable rules, regulations and orders shall apply to any person on time pool release. Violations of the above -mentioned rules, regulations and orders shall sub- ject the employee on pool time to the regular disciplinary processes currently provided for in the Miami Police De- partment. S. 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 va- cation time contributed by the employee to the Time Pool. 11. Members of the Collective Bargaining Agreement between the Fraternal Order of Police and the City of Miami for the term of this Agreement who are elected executive officials of the Fraternal Order of Police shall be permitted to attend on 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 offi- cials who are on duty shall be charged against the Em- ployee Organization Time Pool. The monthly meetings shall be limited to two (2) hours and shall involve no more than eleven (11) executive officials. -30- 84-28_ , 9 0 ARTICLE 28 DISCRIMINATION No employee covered by this Agreement will be discrimi- nated 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 contrac- tual 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 cal- endar 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, fa- ther-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 is an actual member of the employee's household. The circumstances of the employee's personal leave shall be en- dorsed by the Department Head and submitted by letter to the Civil Service Board and the Office of Labor Relations. 84-28_ -31- 6 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 arbi- tration. ARTICLE 32 VACATION CARRYOVER Vacations earned in excess of 80 hours shall be scheduled and taken within 13 months after the end of the calendar year in which earned, unless extension of the time for use is requested in writing by the employee, recommended by his Department Head and approved by the Labor Relations Office. Such request shall be submitted no later than January 31st. Unused vacation in ex- cess of 80 hours shall expire on the last day of January. The present policy providing for an automatic vacation carryover of up to 80 hours shall not be affected. This Article shall not apply to earned overtime, personal leave, or holidays. ARTICLE 33 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 pur- pose. The Blood Donor Organization's personnel will determine what amount of time the donor will need from the point of dona- tion till they are released to go back to work. ARTICLE 34 SICK LEAVE Any employees covered by this Agreement who retired after November 18, 1978, shall be paid for all unused sick leave up to a maximum of eight hundred (800) hours, provided however any em- ployee 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 hun- -32- 84-2S_ 6 dyed sixty (960) hours. It is the intent of this provision that no employee will be paid for sick leave in excess of eight hun- dred (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 the effective date of this Agreement, 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 the effective date of this Contract, 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 the effective date of this Agreement. When an employee, in the face of termination by the De- partment 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 becomes fully depleted, bargaining unit employees may do- nate credited vacation and/or earned time to the affected em- ployee. 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 autho- rized. Should there be extraordinary circumstances beyond what is contained in this Article, a bargaining unit employee may re- quest consideration from the Labor Relations Officer for a time transfer. The Labor Relations Officer's decision shall be final. -33- 84-28- 6 4P ARTICLE 35 PENSION Section 1. Litigation Settlement - Any and all pension benefit improvements or entitlement improvements set forth in this Article are conditioned upon final settlement orders being entered in the Gates/shortfall/variable annuity/underfunding/and related law suits not inconsistent with the conditions set forth in this Article, it being the intention of the parties that this Article shall not become effective until all such suits are dis- posed of by the Courts and such settlements do not change, alter, or vary the terms of this Article. Section 2. Tax Qualification - Upon ratification of this Agreement by both parties, the City will apply to the Internal Revenue Service to have the Pension System tax qualified under appropriate provisions of the Internal Revenue Service Code. The parties will split the cost of obtaining such tax qualification. Section 3. Creation Of A Cost Of Living Allowance (COLA) Fund - Effective the month following the issuance of a tax qualification letter, the City will establish a COLA fund with contributions from the employee and the City as provided herein. The liability, if any, of the retirement trust to pay a variable annuity benefit to any past, current or future retiree is fully extinguished upon the establishment of this COLA fund. Section 4. Employee Contributions - Effective the month following the issuance of a tax qualification letter, employee contributions to the Pension System will be increased 2% (to 10.5%) of pay as presently calculated. This additional 2% con- tribution from employees shall be placed into a COLA (cost of living account). Section 5. City Contribution to COLA - The Ciy will con- tribute an amount up to one (It) percent of payroll (calculated on the same basis as the employee contribution) per year for each of the next three (3) fiscal years beginning in FY 83-84, rovi- ded that this amount is available from excess interest earnings of the Pension System determined at the close of the fiscal year. The City contribution, if any, to the COLA after this three year -34- 84-28_ . period, shall be the subject of collective bargaining negotia- tions. Beginning in FY 85-86, the City will no longer make the current special cost of living appropriation from the general fund to retirees. Section 6. COLA Distribution - The COLA account may be disbursed on any lawful basis or method as the Pension System Board shall determine after consultation with the parties com- mencing no sooner than one year after the receipt of a tax qualification letter. Section 7. Vesting,- Upon receipt of the tax qualifica- tion letter, vesting will be reduced from 15 years to 10 years consecutive satisfactory service. Section 8. Maternity Benefit Buy Back,- Any currently employed female employee who took an unpaid leave of absence for maternity purposes shall have the option of buying back the days she was on an unpaid leave of absence up to 180 days. Said option shall be available for 30 days after ratification of this Agreement only. Those female employees electing to buy back said time may do so at their current salary and have up to one (1) year to pay the money to the Pension System. Future female employees may buy up to 180 days of unpaid maternity leave if they have exhausted all vacation time, sick leave time, earned overtime, etc. Pay back must commence within 30 days of returning from the unpaid maternity leave and said payment may be paid back over a one (1) year term. Failure to meet these qualifications waives any and all future claims for payback of maternity leave. Section 9. Rule of 70 Retirement - Normal retirement will be allowed for existing, covered employees who were hired prior to the ratification of this Agreement by both parties only, on the basis of combined age and service equalling 70. The funding for the cost of this eligibility improvement is included in the schedule of City contributions set forth below and in Schedule A attached to this Agreement. -35- 84-28- 16 Section 10, Benefit Formula The benefit formula upon which existing covered employees only will have their pensions computed will be changed to the highest one year's salary (as presently computed). The funding for the cost of this benefit increase is included in the schedule of City contributions set forth below and in Schedule A attached to this Agreement. Section 11. Schedule of Maximum Contributions - For FY 83-84, the City's total contribution to the Pension System will be 9.4 million; 10.7 million for FY 84-85; 11.3 million for FY 85-86; 11.9 million for FY 86-87; 12.4 million for FY 87-88; and 13.1 million for FY 88-89; and calculated on the basis of the Gates settlement but consistent with this Agreement. It is agreed that the contribution schedule set forth herein will ade- quately fund Pension System benefits as are provided in the Pen- sion system and improved in this Agreement. Only in the event of a significant change in benefits or the number of employees cov- ered by the Pension System may these contributions be increased due to new assumptions made by consulting actuaries. In the event of a disagreement between actuaries employed or retained by the City and actuaries employed or retained by the Pension System Board, then the two actuaries shall first attempt to resolve the dispute among themselves. Failing that, they will select a third actuary to resolve the disputes. If they are unable to agree upon an actuary, such third actuary shall be selected by,the American Academy of Actuaries. The report produced by the two actuaries by agreement, or by the third actuary, as the case may be, would then be submitted to the City Commission for adoption. Should either the report of the Board actuary or the City Com- mission's actuary, or the report of the third actuary selected, as the case may be, require an amount to be funded which is closer to the projected amount in Schedule A than had originally been the cause for the disagreement, it shall be funded by the ' City Commission by delivery to the respective pension trusts of the amount of money thereby required. - 3 6- 84-28- . Ilk C For FY 89-90 and thereafter, the contribution will be in- creased by 5% over the prior year, calculated on the basis of the Gates settlement but consistent with this Agreement, so long as any unfunded liability shall remain. The schedule of maximum payments are set forth in Schedule A attached to this Agreement. Section 12. Persons hired After Ratification - Persons hired after this Agreement is ratified by both parties but before tax qualified status is achieved will contribute to the Pension System at the rate of 8.5% until the month following the month in which tax qualification occurs, at which time their contribution level will increase to 10.5%. All persons hired after this Agreement is ratified by both parties and who become covered by the Pension System will be included in the then existing Pension program as amended hereby but will not be eligible for Rule of 70 retirement and will have benefits calculated on the basis of the average of their two (2) highest years' salaries. Section 13. No Increases or Eligibility Improvements - The parties agree that the Pension eligibility and benefit changes set forth in this Article are to be funded by the con- tributions set forth in this Article and that no changes in this Pension program may be sought by the Employee Organization for a period of three (3) years from the date of ratification. Section 14. Sworn Police Employees Accepting Service in an Unclassified Position - Any sworn police employee who accepts an unclassified position outside of the sworn police service in excess of 180 days, shall cease to be eligible for membership in the Pension System except for employees rehabilitated under the worker's compensation program. If said person has less than ten (10) years of service in the System, their money and credits will be transferred to the "Plan", for credit consistent with appli- cable rules and regulations. Such member accepting an unclassified position to non -sworn police service shall cease to be eligible for the monies known as the one (1%) percent fund monies. -37- 84-28-- Section 15. Change of Beneficiary - Those bargaining unit employees desiring to change their beneficiary may do so subject to the following rules: a) At time of change of beneficiary, evidence of good health must be supplied for both the employee and his to -be -deleted beneficiary. b) To the extent the to -be -substituted beneficiary is younger (older) than the to -be -deleted beneficiary, an actuarial adjustment is applied to reflect the expected longer (shorter) life expectancy of the to -be -substituted beneficiary. It -38- 84-28 . .-i �0 r o c� CD o M r 0-4 Ln 0 Ln kD w %D r r r co co 2 qT Ln %D r co (n O •-1 N NCO 00 00 00 co 0 m m 84-28_. -39- s0 FW ARTICLE 36 CONCLUSION This Agreement shall continue in full force and effect until 11:59 p.m., September 30, 1985. On or before May 1, 1985, 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, 1985, the City will present the Em- ployee Organization with a list of proposals it desires to nego- tiate, together with specific language describing its proposals. Initial discussions shall thereafter, and no later than June 1, 1985, be entered into by the City and the Employee Orga- nization. If any provision of this Collective Bargaining Agreement is in conflict with any law, ordinance or resolution over which the City Manager has no amendatory power, the City Manager shall submit to the City Commission a proposed amendment to such law, ordinance or resolution. Unless and until such amendment is en- acted or adopted and becomes effective, the conflicting provision of the Collective Bargaining Agreement shall not become effec- tive. 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. 84-28_. -40- r1 Agreed to this day of , 19,, by and between the respective parties through an authorized representa- tive or representatives of the Employee Organization and by the City Manager. ATTEST: FRATERNAL ORDER OF POLICE LODGE NO. 20 ATTEST: ON THE PART OF THE CITY OF MIAMI, MIAMI, FLORIDA CITY CLERK APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY -41- APPENDIX "A" EFFECTIVE OCTOBER 2, 1983 Class, 1st 2nd Code Salary Longevity Longevity Number Class Title Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 (10 yrs.) (15 yrs.) 5005 Police Officer 24U *21,295 22,367 23,524 24,680 25,923 27,187 28,558 29,972 31,472 5011 Police Sergeant 27U 24,680 25,923 27,187 28,558 29,972 31,472 33,057 34,685 36,442 5012 Police Lieutenant 30U 28,558 29,972 31,472 33,057 34,685 36,442 38,263 40,149 42,184 5013 Police Captain 33U 33,057 34,685 36,442 38,263 40,149 42,184 44,326 46,554 48,868 *Police Recruit Salary: 20,289 (Entry level Police Recruits are paid 5% less than Step 1 of Police Officer for first six months.) t APPENDIX "B" EFFECTIVE JULY 8, 1984 Class, 1st 2nd Code Number Class Title Salary Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Longevity (10 yrs.) Longevity (15 yrs.) 5005 Police Officer 24U *220,364 23,478 24,701 25,924 27,213 28,545 29,986 31,471 33,044 5011 Police Sergeant 27U 25,924 27,213 28,545 29,986 31,471 33,044 34,704 36,429 38,264 5012 Police Lieutenant 30U 29,986 31,471 33,044 34,704 36,429 38,264 40,186 42,151 44,292 w 1 5013 Police Captain 33U 34,704 36,429 38,264 40,186 42,151 44,292 46,541 48,878 51,302 *Police Recruit Salary: 21,303 (Entry level Police Recruits are paid 5% less than Step 1 of Police Officer for first six months.) 0.1 0 APPENDIX "C" EFFECTIVE OCTOBER 14, 1984 Class, Code Number Class Title Salary Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 �5005 Police Officer 24U *23,031 24,188 25,452 26,694 28,023 29,394 5011 Police sergeant 27U 26,694 28,023 29,394 30,893 32,415 34,043 5012 Police Lieutenant 30U 30,893 32,415 34,043 35,735 37,513 39,420 a 5013 Police Captain 33U 35,735 37,513 39,420 41,391 43,426 45,612 *Police Recruit Salary: 21,942 (Entry level Police Recruits are paid 58 less than Step 1 of Police Officer for first six months.) r4 1st 2nd Longevity Longevit3 Step 7 (10 yrs.) (15 yrs. 30,893 32,415 34,043 35,735 37,513 39,420 41,391 43,426 45,612 47,947 50,346 52,832 13 APPENDIX "U" EFFECTIVE: JULY 7, 1985 Class, 1st 2nd Code Salary Longevity Longevity Number Class Title Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 (10 yrs.) (15 yrs.) 5005 Police Officer 24U *24,177 25,400 26,732 28,021 29,418 30,860 32,432 34,027 35,752 5011 Police Sergeant 27U 28,021 29,418 30,860 32,432 34,027 35,752 37,521 39,399 41,387 5012 Police Lieutenant 30U 32,432 34,027 35,752 37,521 39,399 41,387 43,462 45,602 47,895 5013 Police Captain 33U 37,521 39,399 41,387 43,462 45,602 47,895 50,341 52,875 55,472 m *Police Recruit Salary: 23,039 (Entry level Police Recruits are paid 5% less than Step 1 of Police Officer for first six months.) ft r 0 9 APPENDIX "E" BARGAINING UNIT CLASS CODE NUMBER 5005 5011 5012 5013 EXCLUDED CLASSIFICATIONS 8035 8056 8078 8079 8098 16 CLASS TITLE Police Officer Police Sergeant Police Lieutenant Police Captain Chief of Police Assistant Chief of Police Deputy Chief of Police Police Major Executive Assistant to Chief of Police -46- 84-28_ ,