HomeMy WebLinkAboutCC 1978-09-27 Discussion ItemtLOCAL 1403, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
4
23
29
30
31
,12
33
34'
35
'6
37
AII,C'LE 1
tABLE OF CONTENTS
TITLE
E tE 'ACE
ftEC0GNITION
GRIEVANCE PROCEDURE
4 ARBITRATION
5 ASSIGNMENT PAY
OVERTIME
WORK IN OTHER CLASSIFICATION
B "'"' ` CALL BACK AND COURT TIME
LEAVE
CERTIFICATION OF DRIVER OPERATOR An
10 FIRE RESCUE EMPLOYEES
11 ;'(4. JOB DUTIES
12 `CANNING OF APPARATUS
1i. ASSIGNMENTS AND TRANSFERS
14 RELIEF PERSONNEL
PROMOTIONAL EXAMINATIONS
16 EDUCATION
1: ': -;s� NON—DISCRIMINATION CLAUSE
1y °' HEALTH SERVICES ° 14
1 BULLETIN BOARDS 14
.21)': ?` UNION ACTIVITY 14
i'NION REPRESENTATIVES 14
2^ `" LABOR MANAGEMENT COMMITTEE 15
23 SAFETY STANDARDS AND EQUIPMENT 16
24 � �'�= NIGHT DIFFERENTIAL 16
25 MERGERS OF OTHER FIRE DEPARTMENTS 16
26 2 TOUR OF DUTY AND HOURS OF WORK 17
GROUP HEALTH INSURANCE 17
SHIFT EXCHANGE 18
SAVINGS CLAUSE 18
PERSONAL LIABILITY PROTECTION 18
FIRE AND RESCUE OFF DUTY SERVICES 19
VOTING 19
SERVICES TO T}IE UNION 19
USE OF PRIVATE VEHICLE 19
LONG SERVICE PAY PREMIUMS 19
DUES CHECK —OFF 21
REPORTING OF INJURIES 21
38, SEVERABILITY 21
?? MANAGEMENT RIGHTS AND SCOPE OF AGREEMENT 21
40 STRIKES AND LOCKOUTS 22
�1 ... AMENDMENT 22
11
1
1
12
�''°_..��..... .ERM OF AGRE:MENT AND :.E OPE:.1:IG
WAGES
APPENDIX
APPENDIX II
11
1
This Agreement is made and entered into this first day of October, 1978,
hv and between Dade County (hereinafter referred to as the County) and Local 1403,
International Association of Firefighters (hereinafter referred to as the Union)
oh behalf of the indicated classified employees subject to approval and appro-
priation of funds necessary to implement it by the Board of County Commissioners
of Metropolitan Dade County, Florida, and ratification by the Unicn membership.
it is the intention of this Agreement to provide, where not otherwise man-
dated by statute or ordinance in effect at the signing of this Agreement, for
the solar': structure, fringe benefits, and working conditions of employment of
the employees covered by this Agreement, to prevent interruption of work and inter,
ference with the efficient operation of the County and to provide an orderly and
prompt method for the handling and processing of grievances.
ARTICLE
RECOGNITION
The County hereby recognizes the Union as the certified bargaining agent.'
for all employees within the following County job classifications:
Firefighter Fire Captain
Fire Lieutenant Chief Fire Officer
accordance with the Florida Public Employee Relations Act.
Firefighter Trainees are
the Fire College. The County
may be hired at a trainee pay
will be advanced to Step A in
weeks in the Dade County Fire
status for one (1) year.
persons who have not yet completed training at
and the Union agree that Firefighter Trainees
rate for sixteen (16) weeks, after which employees
the Firefighter pay range. After sixteen (16)
College, Firefighters will be on a probationary
Probationary employees are persons who have completed Fire College training
but who have not yet achieved permanent status as Firefighters. Probationary
Firefighters and Trainees shall continue to be governed in all respects by the
Code of Metropolitan Dade County, Florida, Personnel Rules, Pay Plan and other
reeulat:ons and policies in effect prior to the execution of this Agreement and
:here shall be no change in any of the rages, Jenelits, hours, or terms an:: con-
ditions of employment of such employees as a result of this Agreement ':nless such
changes ire specifically stated _n this A,creemenL .>m-
p tovees .
Nothing in this Agreement shall be construed to change, alter or effect
,county wage and salary practices pertaining to employees whose pay is "red-
_:rcLed" unless such changes are specifically stated in this Agreement with
rofer.2nce to such employees.
Personnel who have achieved permanent status as Firefighters but who are
:r.7,bacicnai in a promotional job classification shall be entitled to all rights
at:c ?rivileges under this Agreement except that they shall have no right to
appeal their demotion from the probationary promotional position to the permanent
;op classification held immediately prior to promotion.
ARTICLE 3 GRIEVANCE PROCEDURE
In a mutual effort to provide harmonious working relations between the parties
t:. this Agreement, it is agreed to and understood by both parties that there
hall be a procedure for the resolution of grievances or misunderstandings between
the parties involving the application or interpretation of this Agreement.
pfk
A "'Girie tece"' shall be defined as any dispute ivtaleitte the iaterptetatiee
ar application of the terms of this Agreement. Duisciplivary action* shall wet
be sibject to the grievance procedure. A class grievance shall be defined as
any dispute which concerns two or pore employees within the hargaiaing wait.
Class grievances must name all amployeea in the class eoverect except if the
class is composed of an identifiable, homogeneous eo►it such as all 1Aeuteaaets,.
Days mean calendar days.
Each grievance when filed shall state with particularity the violation at
the contract claimed, the facts of such violation, the Article of the contract
violated and the remedy sought by the Union. &mploteea shall at all time* have
the right to the presence of a Union representative in any atop of the grievance
p1ocedure. In the case of a class grievance, no more than three eoployeee ping
up to four Union representatives, only one of whom may be in pay *teems, may
meet with the Division or Department Head in Steps 3 and 4 below.
Grievances shall be processed in accordance with the following preeeclura
The aggrieved employee shall discuss the grievance
with his immediate ranking supervisor or officer
within seven (7) days of the incident or knowledge
of the incident which gave rise to the grievance.
The immediate ranking supervisor or officer ahall
respond to the employee within Seven (7) dap'.
Steo 2 If the grievance has not been satisfactorily ray
solved at Step 1 or if it is a clasa grievance,
the grievance shall be reduced to writing on the
standard form provided by the County for Chie
purpose and presented to the District Chief or
Unit O.I.C. concerned within seven (7) days
from the time the supervisor's response was duo
in Step 1. The District Chief or Unit O.I.C.
shall respond in writing within seven (7) days.
Ste 3 If the grievance has not beau satisfactorily ree
solved ac Step 2, the grievant may be presented
to the Division Chief concerned within seven (7)
days from the time the response wan due in Step 2.
The Division Chief concerned shall mast with the
employee(o) within thv.ee (3) days. 'Thee U3.v4i401
Chief shall notify the employee twenty-four hours
prior to the meeting and advise him of the time
and place the meeting will be held. The Division
Chief shall respond in writing within raven (7) days
from the date of the .meeting,
Step 4 If the grievance hoe not been satisfactorily re-
solved in Step 3, the employee may appeal to the
Department Bead within seven (7) days of receipt
of the response in Step 3. The Department Head
shall meet with the employee within three (3)
days. The Department Head shall notify the em-
ployee twenty-four bourn prior •to the rest inb
end .advise him of the time and dace :the .aeting
will be held. The DepartmentHead shall.reappn4
Am writing within seven (7) day.e from :the date
of the -meet,ing.
Either party shall be permitted one C1)-esteneion of :tiMe fat i>fepP .2, 3 And
. as. 3 matter of tight, 'TIDE to exceed times -provided Above ;for_matt spA,p • ;
he
. .,;may auss-t, however, be notified of the :egteO i,on :p1 i or SO -the 40:13:4l kC'
IRit
of the :time limit far the step.
Step 1
•
A
MIE
AR'X ILt.E 3 GRIEVANCE PROCEDURE _(Continued)
If the grievance is not processed by the Union within the time littita proe
vided idr in Steps 2, 3 and .+, the grievance shall be considered dtopped with
prejudice, If the County fails to process a grievance within the title 1itit
n`trwid+'d colt that step, the grievance shall automatically proceed to the neXt
•rer.
ARTICLE µ__ ARBITRATION
If a grievance as defined in Article 3 has not been satisfactorily resolved
within the grievance procedure, the Union may request arbitration by writing to
the Director of Labor Relations no later than fifteen (15) calendar days after
the Department Head's response is due in Step 3 of the grievance procedure. The
Director of Labor Relations shall set up machinery to implement arbitration within
fifteen j15) calendar days after receiving such request to arbitrate. The parties
to this agreement will attempt to mutually agree upon an independent arbitrator.
If this cannot be done, one will be selected in accordance with the American
Arbitration Association's selection criteria.
The arbitration shall be conducted under the rules of the American Arbitr:i-
tration Association except where those rules differ from the procedures in tiis
• Agrec-,ent, in which case, the Agreement shall prevail. Subject to the limitations
':u,rein, the aroitrator shall have jurisdiction and authority to it'cide a griev-
ance a:; ,defined in Article 3.
The County and the Union shall attempt to mutually agree to a written state-
ment of the issue to be arbitrated prior to the arbitration hearing. In the
event of failure of the parties to agree on a statement of issues to ce submitted,
a written statement .r the grievance and issues to be decided shall ::e presented
to the arbitrator by each party. Wherever possible, such statements shall be
ar•.a:dee to the arbitrator and exchanged between the parties two (2) weeks
prior to the arbitration hearing date. Rights of the parties shall not be
prejudiced by the inability or failure to comply with this subsection.
At the hearing, the arbitrator shall confine himself exclusively to the
question which is presented to him, which question must be actual and existing.
arbitrator shall have no authority to consider or rule upon any matter
which is stated in this Agreement not to be subject to arbitration or which is
not a .rievance as defined in Article 3. Disciplinary :natters are expressly
excluded from arbitration.
rhe arbitrator shall have no authority to change, amend, add to, subtract
from, ignore, modify, or otherwise alter or supplement this Agreement or any
part thereof or any amendment thereto. At the arbitration hearing either party
may request a certified court reporter. The parties shall bear equally the
expense and fees 5f the impartial arbitrator and the reporter. Each ?arty shall
pay the expenses and fees of its own witnesses.
:he arbitrator shall issue his award within thirty (30) days of the hearing.
Sueh award shall be final and binding on both parties. Copies of the award shall
be furnished to both parties by the arbitrator.
ARTICLE 3 ASSIGNMENT PAY
Firefighters who are duly certified by the Fire Department and who are
assigned full time duties as "Driver Operators" on fire apparatus shall be paid
lc a rate 1 step above their regular rate of pay, except employees at Step M
shall receive 5% above their regular rate.
ASSIGNMENT PAY_ (Contitiued)Fire Fighting personnel who are assigned full time duties on "Fite ReStue"
units shall be paid at a rate 1 step above their regular rate of pay except
employees :at Step M shall receive 5% above their regular rate. Fire lighting
personnel who have passed department protocols and who are assigned full time
duties on "Fire Rescue" units shall be paid at a rate 71/2% above their regular
rate of pay. The assignment allowances for "Fire Rescue" are not cumulative,
and no employee shall be paid in excess of 11% for a "Fire Rescue" assignment.
Personnel assigned lull time duties as a Bureau O.I.C. shall be paid at a
rate 1 stop .?rove their regular rate of pay, except employees at Step M ;hall
receive 57, above their regular rate. Bureau O.I.C. pay shall not be paid to .;tl
employee who temporarily replaces a Bureau O.I.C.
Personnel assigned full time to the Fire College Staff, other than the O.I:C.,
shill be paid at a rate 1 step above their regular rate of pay, except employees
.it Step M shall receive 5e above their regular rate.
Personnel who are assigned full time to the Fire Safety Bureau, other than
the O.I.C., shall be paid at a rate 1 step above their regular rate of pay, ex-
cept employees at Step M shall receive 5% above their regular rate.
Fire Captains will receive twenty-five dollars ($25) bi-weekly and con-
tinue under the provisions of job basis employees.
ARTICLE a OVERTIME
All classified employees of the Fire Department set forth in Article 1, up
to and including Fire Lieutenant, shall have the right to request and be paid
3t the :-ate of ane and one half times their normal rate of pay for all duty
hours performed in excess of their normal work day or week. Normal work day
shall mean twenty-four hours for all empoyees working twenty-four hours tour of
duty.
:he opportunity to work overtime shall be offered to all employees covered
by this Article, based .:n alphabetical rosters of each rank, maintained by the Department
and posted at Operations Headquarters. The rosters shall record the dates the
employees are offered the opportunity to work overtime and their response. If
a man refuses, he will automatically be passed by until a complete cycle of
its roster has been made.
•vert:.:,e ;hall not be refused whenever the need exists except
;.or personal emergency or substantial incovenience of the employee. employees
may ?lace m file a request not to be called for overtime, which request shall
? honored iy the Department whenever possible; howev.!r, .,itherjwai
request shall not take place within three months Jr: the initial filing of such
request.
•'vert'_le will always be hired by rank except when sufficient an -duty: per-
scnnel are available or when a vacancy in the rank of Fire Lieutenant is caused
by the Lieutenant working out of class as a Captain, or when a vacancy in the
rank of Fire Lieutenant :s caused by a Lieutenant granted leave pursuant to
Ar:,le -3 (Leave), Section D. In these cases, the vacancy created will be
filled by a Firefighter who will work out of class as a Fire Lieutenant. If
there is no Firefighter available to work out of class as an acting Lieutenant
and overtime :oust be hired, overtime will be hired in at the rank of Lieutenant.
For employees regularly assigned to forty (40) hour, four (4) or five (5)
sa•: •.eekly schedules, .:vertime shall be paid only for time worked in excess
)f .,Drt•; {40' hours or work per work week and not for daily overtime. Annual,
:k. Military and Disability Leave shall not be included in the calculation
;.he forty (40) hour work week for the purpose of computation of overtime;
1,re.,,:ver, the payment of these benefits, as otherwise provided herein, shall not
�e d,;ninished or changed.
ART.tc LE fi OVERt11KE -(Continued)
Employees regularly scheduled for forty (40) bouts who wetk an efttfa siii[
In addition to the forty (40) hour work week shall not be considetbd to be
working on a call back.
AR'TIetE_ _._, _ _, . __ .... _
GJORK . IN -OTHER _ CLASSIFICATION..
1111
MK-
Erra
The County agrees to take necessary action to minimize the
h utilizatio Oft
f
employees working out of their classification by making evevery reasosaby that an
to have sufficient relief personnel of each rank.
employee work in a higher classification, he shall be paid at a rate equal to
the minimum salary for the higher classification with at least a one pay step
increase.
The promotional eligibility list shall be considered when temporarily fill-
ing vacancies in a higher classification without resulting in a transfer from
shift to shift or to another division.
Work in a hither classification or on a driver -engineer or rescue squad
assignment Orin excess .1i six kb) consecutive hours per shift shall be compen-
,ated is provided above for all hours worked in that classification. Hours
worked less than six (b) consecutive hours in a shift shall be compensated for
at the employee's regular rate of pay.
:ART'[CLE 3 CALL BACK AND COURT TIME
When it is necessary for the Department to require employees to return to
work but not on or contiguous to thetheir overtimeular rateassAgned minimumfof four, the C(4)ty hou=sees
to compensate the employee a
zompensation at the overtime rate is guaranteed.
when it is necessary for the Departmeni - the County agrees
court, not on or .:ontiguous to their regular assigned shift,
to compensate the employee at the overtime rate. A minimum of four (4) hours
compensation at the overtime rate is guaranteed.
For the purposes of this Article, call back and court appearances qualifying
for payments as described above, will be those occurrences separated from the
employee's normal duty shift by a period of more than sixty (b0) minutes.
oriuntguilipm,r
The Dade County Leave Manual shall be applied to all employees within this
bargaining unit and shall be administered in accordance with present pt+adtice
except as specifically modified herein.
A. HOLIDAYS
The following shall be considered Holidays and shall be administered
and paid for pursuant to present practice:
New Year's Day
Washington's Birtyday
Employee's Birthday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Veteran's Day
Columbus Day
Floating Holiday (of the employee's choice)
Employees shall have one opportunity per fiscal year, on a first come,
first served basis. to be paid for all or any part of their accrued Holiday
Leave upon request. The County shall not be required under this provision
to pay more than $25,000 per fiscal year.
3. ANNUAL LAVE
The Annual Leave (vacation) scheduling procedure shall be as follows:
1. Vacation request forms shall be distributed to employees by October 15th.
Vacation request forms shall be returned by employees by November
Employees whose forms are not returned by November 20th will be placed at
the bottom of the applicable seniority list for that year.
The vacation schedules shall be published and posted by December 15th.
3.
20th.
The year will be divided into twenty-six (26) two (2) week vacation
periods. Employees may request any two vacation periods. Employees who
earn two (2) weeks vacation shall use at least two (2) weeks of annual leave.
5. Personnel will be given an opportunity to indicate their preferences
for vacation. Vacation will be granted based upon seniority in the depart-
ment. Separate vacation rosters for vacation preference selection will be
'1,-.!c4nn fnj1nw5:
a) Operations Division
1. Rank
2. Shift
3. Certified Assignment (Driver,
Rescue, and all others)
Operations Vacation Selection Preference Rosters
SHIFTS
A a
C.F.O. C.F.O.
CAPT. CAPT.
C
C.F.O.
CAPT.
LT. LT. LT.
RESCUE RESCUE RESCUE
LT. LT. LT.
OTHERS OTHERS OTHERS
FF. FF. FF.
DRIVERS DRIVERS DRIVERS
FF. FF. FF.
RESCUE RESCUE RESCUE
FF. FF. FF.
QTEERS OTHERS OTHERS
owN
meee
MEW
r
8) Air.pOtt bitiilioh
2 R*fik
2. Shift
(efteapt
Captaitu)
CAPTAINS
8
LT. Lt.
PP, PPS
c) Ail pther;'divisions-existing practice by Ratak.
Annual Leave, may be accrued to maximum of nine (9) standard work
weeks and will be paid upon separation in accordance with the Leave
Manual. Any employee having a balance in excess of the maximum
accrual of'nine (9) standard work weeks at the end of the Department
Vacation Year will forfeit and lose such excess annual leave accrual.
The Department will take necessary steps to insure that employees
with excessive accumulations use such leave and reduce outstanding
balances.
C. FUNERAL LEAVE
Three (3) days of emergency funeral leave with pay shall be granted in
the event of a death in the immediate family provided that the employee
actually attends the funeral. Immediate family is defined as spouse, children,
mother, father. sister or brother, grandfather or grandmother, mother-in-law,
or upon proof of any person in the general family and living.within the same
housenold. Should an employee require additional time other than provided
herein. he may request that funeral leave be extended an additional three
work days and charged against accrued compensatory time or annual leave or
holiday Leave. Such request, if made as part of the original leave request,
shall not be denied. Emergency request for such extension, arising during the
funeral leave, shall be granted by the Department wherever possible.
D. AUTHORIZED LEAVE
1. Other than normal vacations, the Department will approve, in advance,
up to eight (8) requests for leave per day for bargaining unit employees.
2. Requests for leave must be submitted within 21 calendar days but
;2' duty days (seven (7) calendar days) in advance of the
requested day off.` The twc (2) day notice requirement may be waived by
the Division Director due to extenuating circumstances.
3. The employee will receive a reply from administration within
ninety-six (96) hours of request.
The department will normally approve requests on a first come/first
..;cr:e basis subject only to exceptional operational needs as determined
by: the Department, in which case the employee will be given a written expla-
nation for denial.
3. The Department may limit the number of approved leave requests to
two (2) per station and both the Lieutenant and Driver of a unit may not be
on leave simultaneously.
E. SICK LEAVE ACCUMULATION AND CONVERSION
Present sick leave use, accrual and conversion rules to remain in
etfect.
a) Sick leave earned at the rate of 124 hours per leave year.
b) Conversion of unused portion of sick leave first 62 hours, to
annu.11 leave.
At the end of each employee's leave year, the unused portion of
.hc second 62 hours is placed in the Sick Leave Bank and may be accrued
without limit for use during an extended ilinees.
2, in conjunction with the present Sick Leave Bank, a new Sick Value
Account will be created for each employee.
a) For each hour of unused portion of sick hours placed in the
Sick Leave Bank, one-half of the equivalent dollar value will be credited to
the employee's new Sick Value Account.
b) The hourly pay rate for determining the amount to be credited
to the Sick Value Account will be the employee's base hourly pay plan step
at the time of conversion (at the end of each employee's leave year).
c) If an employee uses more sick leave during his leave year than
he has earned (124 hours), the numbers of hours used in excess of 124 hours
will be deducted from his sick leave bank (current practice). In addition,
the equivalent dollar value (based on the employee's end of leave year base
hourly pay plan step) of all hours used in excess of 124 hours during the
year will be deducted from his Sick Value Account.
3. Each employee will receive "past service" credit to the new Sick
Value Account for one-half of all sick leave bank days previously accrued.
a) Credit for previously accrued sick leave bank time will be
based on the number of hours appearing in his balance as of the end of his
leave year occurring between 10/1/78 and 9/30/79.
bl Employees shall have their Sick Value Account credited for one-
half of all previously accrued sick leave bank time according to their eventual
date of separation from the County and in accordance with the following formula:
Employees who separate between--
10/ 1,- 78 and 9/30/79
10/1/79 and 9/30/80
10/1/80 and thereafter
$1.00 per hour in Bank
$1.50 per hour in Bank
$2.00 per hour in Bank
.anyone who writes a letter to the Fire Department Personnel Bureau to
announce the intent to retire during any of these three (3) years and does
retire will get full $2.00 per hour credit in accordance with this section.
4. Employees will be eligible to be paid for their Sick Value Account
when :hey separate from the County.
a; Employees with a minimum of IJ years .:f •.2oual7 Servi:e who
terminate for non -disciplinary reasons, retire or die shall be paid for
their Sick Value Account. Approved leave shall not :_onstitute a break
in service for purpose of this provision.
bl The oostion of the Sick Value Account co be paid on separation
shall be based on each employee's length of service as follows:
10 years service but less than 15 years - 20%
15 years service but less than 20 years - 25%
20 years service or more - 35%
*Sick leave accumulation and conversion rates for 40-hour employees will be
sdustei in accordance with present leave practice.
A?."'.CLE 10 CERTIFICATION OF DRIVER OPERATOR AND FIRE RESCUE EMPLOYEES
`31. Driver Operators, drivers assigned to fill vacancies, and rescue
shall be duly certified by the Fire Department.
B. Certification may consist of skills, written and/or diagnostic test. The
employee's immediate supervisor will attest that the employee is ready for
certification and monitor the certification test. Results may be appealed
to the Division Chief.
•
r:: A P ix is Rescue personnel will be assigned on a volunteme basis linen saf fttitat
volunteers ate available.
D. Upon successful completion of the Driver -Operator and rescue cerLifitatien
test, personnel will not be required by the Department to re -certify during
the term of this agreement. Announcement of the test will be posted in all
fire stations thirty (30) days prior to administration of the test. A11
applicants will be tested. Periodic re-evaluation of any certified employee/I
performance may be conducted when the Department has a reasonable basis for
such re-evaluation. The employee will be notified in writing of the reason
for re-evaluation.
E. Questions on written certification exams may be challenged using the sae
criteria used on promotional exams.
F. Patient analysis oral test will be administered by the Medical Advisor.
However, two (2) Protocol EMTs will be present during this test to monitor
and offer assistance when needed.
ARTICLE 11 JOB DUTIES
It is understood by the parties than the. duties enumarated.in.job
descriptions are not always specifically described and arc to be construed
liberally. The County agrees that it will not require new tasks; and duties
be performed which are not thherent. in the nature of the work or do not fall
within the skills and other factors commonto the classification.
Whenever there is a proposed change in.the job description of a class.
within this bargaining unit, the County shall discuss with the. Utiiorn the
proposed changes. If the Union is not satisfied with the proposed change, it
may, in writing within five (5) days of the conclusion of the discussion
stated above, request a hearing before the Employee Relations Director. This
hearing shall be held at a mutually agreeable time, within thirty (30) days.,
The decision of the Employee Relations Director shall be final.
?ersonnel covered by this contract shall not
building repairs or maintenance other than normal
Personnel covered by this contract shall not
lawn work or maintenance.
ARTICLE 12
MANNING OF APPARATUS.
be required to perform
housekeeping duties.
be required to perform
Iannine fnr f42re- fighting. equipment
active service. Id order to provide•a minimum level of safety to personnel.
the bargaining unit.,, apparatus in service. shall be- manned with. no less - then:
OPERATIONS DIVISION.
1. 4
3.
4.
5.
persons
persons
persons
persons
persons
per
per
per
per
per
aerial unit
pumper unit. (including• Station- 24)•
rescue unit.
tanker unit (semi -trailer type),
air truck
:he County agrees that a minimum of three (3) three person' rescue unitse•
will be maintained' on a 24-hour basis for the term of this -agreement. Rescue
Units 21, 8', and 2 will remain 3-person units so long, as current bidded•
personnel (as of October 1, 1978) remain in those positions.
AIRPORT DIVISION
The Airport Division, including relief personnel,, shall be staffed as
toilows:
1. Miami International Airport - Forty-eight (48) persons. Engine 12,-
the pumper unit,will be manned with four (4) persons.•.
2. Opa-Iocka Airport - Eleven (11) persons,• consisting of thru persons
on the unit per shift.- The two (2)- relief people may be kept at Station 12
when they are not being utilised at Opa-Locke for relief.. Taw' least• seaiop •
persb;,t Station 12 will be utilized for Opa-Iocka relief after soliciting
Voititifeets,
uning strength may be reduced by one (1) person for short periods not
to exceed six (6) hours if personnel are absent for or assigned to job related
activities such as the following:
1. Equipment transport.
2. Medical examinations.
3. Unanticipated or emergency leave granted after a tour of duty het
started.
S. Voting.
In the event that the County decides, at its discretion, to assign personnel
to rescue units (above the level provided for such units herein),it is agreed
that the County will assign state certified fire fighters as called for in
F.S.S. 633. Said new additional rescue personnel may be assigned to work
tour 10 hour days or 24 hour shifts at the Department's discretion. Personnel
presently employed may volunteer for third man positions.
In the event that the County decides to use the Fire Department as the
County Department for total transportation of. -the sick and injured, and
provided that if the Union becomes the certified representative of the employees
issibned to such work, this Agreement shall be reopened for negotiations as
;provided by law. however. nothing provided herein shall alter or diminish
the County's right to establish an appropriate classification or classifications
related to such work. If any personnel covered by this Agreement are assigned
to work in any new classification on such total transportation unit, this
Agreement shall be reopened for negotiations as to these employees regarding
wages. hours, fringe benefits, and working conditions only.
It is the County's intent to assign extra Operations relief fire fighters,
when available. to provide an additional ;pan to current two man rescue units.
this provision shall not restrict the right of the Department to place
idditional operational units into service.
ARTICLE 12 ASSIGNMENTS AND TRANSFERS
Except for Trainees and Prooationary Fire Fighters
personnel covered by this Agreement will be given an opportunity to indicate
their preference for assignments. Personnel will be assigned to fill vacancies
on the basis of preferences, department requirements, and time -in -grade. The
Department will sake every reasonable effort to minimize the transfer of
personnel between shifts and duty assignments.
The Fire Department will announce and advertise all bid vacancies. A
vacancy shall be defined as a position left by a previous bidder or any new
position authorized for the length of the oncoming bid period (except relief)
in the Department. All vacancies will be bid twice a year and will be advertised
by October 1st and April 1st of each year. Closing dates will be one (1)
.av ,Ieriod after vacancies are advertised. All awarded bids will be filled
wtt::in two (2) pay periods of the closing date for bids.
Applicants' qualifications to meet department requirements will be based
upon.: Evaluat_.,n of ob performance, written test, and demonstrated abilities
to perf,rm in the position sought. The same criteria will be applied equally
:o each bidder .1 establishing the relative ranking. Time —in —grade will be
i 1.i',r consideration in making selections among those bidding. If all
:.,,i;::v::tii'ns ire equal, the most senior person will receive the award. In
. vont e-tpl o:ees were hired or ?romoted on the same date, time —in —grade
.seniority for bid purposes will be determined by the employees' position on
eligibility: list. If a senior person bidding is not awarded the bid, the
:qvisi.n Chief concerned will notify the individual prior to the bid being
;winded. Upon request, employees will be counseled by the Division Chief
concerned with a Union Representative present as to the reasons why and the
ifterences in qualification five (5) days prior to the bid being awarded in
writing.
If an employee placed in a bid position subsequently fails to qualify
for certification, he shall revert to his previous position.
The Department may move an employee from his bid position for up CO
t (2) Pax' periods. (fowl` weekn). ao /eT% bop sae gYt4 is °4y7e4 1.04R t
Eris comet,, th• Department shall seek volunteers frog 04 Ddaciilct concerned.
Any unilateral transfer of persoaael involving a cbange from combat
operations to another actlijtY% vice ve;s.a will only be dent with at least
two (2) weeks prior notification to the employee_ involva_dt AFtLea10foyae may
waive the prior notification requirement,
This Article shall not reettict the right of the DepeFtment to relocate
units, set standards of aerv-icp, or- alter orgiaizatiop and operating reporting
relationships.
The County agrees that Battalions will not be realigngd except then
necessitated by operational requirements such as when new districts cit Batt-
alions are created, when municipal fire services are met$§c with the Departs t,
(provided the merger includes the transfer of 4}ifgraae4 =r$onnel. in the
municipal department), or when t €e i§ BR additig�a or fORStion is} th° Pumper
of units.
■
•
•
ARTIC r .lea_ ,, . RELIEF aPERSONNEL
The County will provide sufficient relief personnel of each claiSifiCatiofi
for each platoon. It is the County's intent to assign extra Operation Relief
Firefighters, when available, to provide an additional man on current 2-man
rescue units. This provision shall not restrict the right of the Department
to place additional Operational units into service.
ARTICLE_15 PROMOTIONAL EXAMINATIONS
The County agrees that the Director of the County Fire Department will eon..
sult with representatives of the Association as to the training and experience
requirements which will be established for promotional examinations in the
various Firefighter classifications.
It is the intent of the County that
Fire Department shall be filled from the
possible in the judgment of the Director
cants from within the Department are not
the employee concerned.
appointments to exempt positions in the
Dade County Fire Department, whenever
or County Manager. If qualified appli-
appointed, the Director will counsel
If an employee is to be passed over for promotion, the Chief or Executive
Assistant shall counsel the individual as to the reason prior to the list of
personnel to be promoted being announced.
The time in grade eligibility requirement for promotional exams shall be
;measured in terms of continuous service. An interruption for an authorized
leave of absence shall not constitute a break in continuous service, but the time
in a leave of absence shall not be credited as time in service.
The time Ln grade eligibility criteria for promotional exams shall be:
Lieutenant
Captain
▪ Four (4) years continuous service as
a Firefighter;
▪ Three (3) years continuous service as
a Lieutenant;
Chief Fire - Two (2) years continuous service as a
Officer Captain.
An} proposed changes in current eligibility criteria .ether .man time in
Shall be negotiated between the parties.
ARTICLE 16 EDUCATION
A. ?,arsonnel covered by this Agreement who attend schools, seminars, train-
ing activities, etc., during their off -duty hours shall be compensated by the
County at one and one-half times their normal rate of pay for those hours if the
activity meets the following requirements:
1. It is required by the Department;
2. It is required to maintain "certification of qualification."
a. Any costs of material and/or tuition shall be paid by the
County if the activity or course is required by the depart-
ment.
O,E46,.
IDUCAXION:_(Continued).•
B. Personnel covered by this Agreement who receive an Asaociate Degree ifi
Fire Science Technology or Fire Administration, as provided by Mittiai'Dade Cot'
rflunity College or any equivalent program approved in advance by the Department
and the County Manager, shall receive a one-step pay increase. Employees attend•
ing such courses shall receive regular County educational benefits. Where regu-
larly scheduled courses necessary to receive said degree cannot be completed in
off -duty time, the Department will give favorable consideration to allowing duty
time off by using accrued leave, excluding sick leave, and arranging for necessary
relief. Notice will be given to the Department during course registration in
order to plan for relief.
C. Personnel covered by this Agreement who receive a baccalaureate or
higher advance degree in a program approved in advance by the Department and
the County Manager shall receive a one-step pay increase.
D. Personnel covered by this Agreement who receive an associate or higher
degree in a subject that they are utilizing in the every day work of their
assignment within the Fire Department may receive a one step increase if ap-
proved for such increase by the Department. Transfer to another position where
the degree is not utilized in their everyday work will result in the loss of
the one step increase.
E. Wage benefits under 3, C, and D above shall not be cumulative.
F If benefits are provided by State or local law regarding educational
incentives, the employee shall have the choice of either the benefits provided
by law or benefits provided herein. In no case shall the employee be eligible
for both.
ARTICLE 17 NON-DISCRIMINATION CLAUSE
No employee covered by this Agreement shall be discriminated against be-
cause of race, creed, national origin, religion, sex, marital status, age, union
membership or union activity protected by law in accordance with applicable State
and Federal laws. The Union agrees to fully cooperate with the County in com-
plying with Federal, State and local laws requiring affirmative action to assure
equal employment opportunity. The County will inform the Union as to its par-
ticipation in such efforts and programs and will furnish sufficient information
to the Union to enable it to understand and evaluate the nature of the County's
If it becomes necessary for the County to validate promotional examinations
for officers, the Union will be promptly informed of the requirement and the
intended validation program. Such requirement and program will be mutually dis-
cussed between the .Parties prior to implementation, and the impact of the program
on the bargaining unit, if any, will be considered.
It is understood and agreed by the Parties that validation of promotional
examinations for officers will be undertaken pursuant to law. The County will
take no position inconsistent with this understanding.
This Article is intended solely to comply with Federal, State and local
regulations concerning the criteria enumerated above.
.V'tf G'1a 18 HtAI.Iii. AEEOIn:as
Al Medical examinations will be administered annually and will provide an
electtocardiogram, complete blood test, hearing test, lung volume test, and
other diagnostic tests as required by the physician. The employee shall be
notified of any irregularities within 15 days after completion of the examin-
ation and will be re-examined if necessary. Results of the medical examination
will be made available to employees pursuant to present practice.
3. Any employee injured as a result of activities in the course of employ-
ment and who requires medical attention shall be entitled to an electrocardio-
gram, carbon monoxide testing, booster or tetanus shots, and other necessary
medical treatment if the need is indicated by the attending physician.
C. The County shall pay the hospital, medical, and surgical expenses incurred
by any person covered by this agreement arising out of a compensable line of
duty illness or injury.
i
mar-
■a—
D. The County shall provide to the members of the bargaining unit all benefits
set forth in the Service Connected Disability Program and administer
those benefits consistent with the provisions of the program as enumerated in
Section 2-56.21 through 2-56.27.1 of the Metropolitan Dade County Code.
ARTICLE 19 BULLETIN BOARDS
The County shall establish in each station and bureau office a bulletin
board for the posting of Cnion notices. Material will be subject to review,
prior to posting, by the Department with the Union to be notified within
twenty-four (24) hours of receipt of material. The bulletin board will be at
least 36" x 48" in size.
ARTICLE 20 UNION ACTIVITY
Nothing in this agreement shall abridge the right of any duly authorized
representative of the Union, while off duty, to present the views of the Union
to :he citizens on issues which affect the welfare of its members, as long as
they are clearly presented as views of the Union and not necessarily of the County.
ARTICLE 21 UNION REPRESENTATIVES
The Union shall designate in writing to the Director of the Fire Department
Union members who shall serve as Union representatives and Grievance re-
presentaties. Said representatives may be allowed time off with pay for
�� ��-=•=�{pa c„h+arr ro prior anorov?1 of the Department.
a. Five (5) employees shall be designated as Union representatives
for attendance at labor-management committee meetings and for renegotiation of
this collective bargaining agreement. One (1) representative shall be allowed
Lune t)ff with 'ay•for attendance at the Department Health and Safety Committee
meetings.
b. The Union shall designate six (6) employees, including a grievance
committee chairman, to act as grievance representatives. Grievance representa-
tives may investigate and process grievances during working hours. One (1)
grievance representatives may be allowed time off with pay to attend each
grievance hearing. The Union President and one (1) grievance representative
will be allowed time off with pay to attend arbitration hearings conducted
pursuant to Article 4.
Two (2) members of the Union shall be given time off with pay to attend
the Dade County Association of Fire Fighters meetings in Dade County, the
Se,.ch Florida A.F.L.-C.I.O. meetings in Dade County, and any regularly
scneduled 'lade County Commission meeting.
Six (6) members of the Union shall be allowed time off with pay to attend
:hi' 1480 Convention of the International Association of Fire Fighters A.F.L.-
C.I.O.-C.L.C. (Not to exceed forty-eight (48) hours per employee).
Nine (9) members of the Union shall be allowed time off with pay to
attend the Annual Ptofe$sional Fire Fighters of Florida Convention (hot
to exceed twenty-four(24) hours per employee).
The President of the Union shall be given time off with pays up to
five 0) shifts per month,.to conduct Union business.
AKTL C1.E 22
LABOR MANAGEMENT COMMITTEE
There shall be a Labor -Management Committee which will consist of not
more than five (5) members who shall be designated in writing in advance by
the anion and not more than five (5) members designated by the Fire Chief.
This Labor -Management Committee shall meet on a monthly basis or Less often,
by mutual consent, and such meetings shall be held during working hours.
the purpose of these meetings will be to discuss problems and objectives of
mutual concern not involving grievances or the terms and conditions of this
agreement.
The Fire Chief will also furnish a secretary to take minutes of the meetings
and these minutes will be mailed to each member of the committee and alternates
and ail stations and offices not later than fifteen (15) days after the
meetings.
.1t the end of ever; April and September, the Labor -Management Committee
•ri:1 publish a synopsis )t the problems and objectives discussed at the
Labor -Management meeting and the disposition of those problems and objectives.
A draft of „eoartmental Rules and Regulations will be submitted to the
Labor -Management Committee by June 1, 1979, for its review and recommendations.
All employees will receive a copy of the Rules and Regulations by October 1,
1979. New employees shall receive a copy when hired.
f
E
A 'taF'3 n _ SAFtri STANDARDS_: ANDjOUtP
A. All protective clothing, equipment, tools, appliances, and apparatus will
Meet or exceed N.F.P.A. safety standards, Federal standards, or other
recognized safety standards such as U.L., U,S.B. of Mines, etc., at the
time the bid is let for purchase.
B, The Labor -Management Committee established by this Agreement may evaluate
changes in specifications for bids in protective clothing, equipment, tools,
appliances, and apparatus before and after implementation by the department
and may issue reports to the Director and the County Manager concerning
such changes. Once recommended changes are approved by the Director and
County Manager's Office, Budget implementation will be effective immediately.
C. The parties recognize and agree thatthe County has a continuing obligation
to introduce into service new and improved technology, methods and means of
carrying out the responsibilities of the Department, and that innovation
and experimentation consistent with maximum safety is a part of this obli-
gation.
the Fire Department Health and Safety Committee and the Labor -Management
Committee will evaluate all helmets, gloves, breathing apparatus, and pro-
tective gear on a semi-annual basis and submit reports to the Fire Chief.
t)nce recommended changes are approved by the Director and County Manager's
Office, Budget implementation will be effective immediately.
. All personal equipment required by the Fire Department or State Law will
be furnished by the Fire Department. All personnel assigned to Rescue
Vehicles will be furnished with foul weather rain gear.
All personnel who so request will be furnished with individual ear plugs.
Ear muffs will be provided for the number of personnel on each unit at the
Airport.
;ersonal gear will be issued one time. It will be :maintained in a service-
able condition. It will be replaced by the employee unless It has been
destroyed or damaged in the line of duty in which case it will be replaced
by the Department.
Rescue apparatus will comply with all applicable Federal and.State standards.
ARTICLE 24
NIGHT DIFFERENTIAL
Employees who are assigned to a work shift having the major portion of the
hours scheduled after 6:00 p.m. will receive two pay steps above their normal
race. A work shift which is divided equally before and after 6:00 p.m. will
entitle an assigned employee to one step above the normal rate. Employees
assigned to work schedules which encompass twenty-four hour shifts are ineligible
for this pay differential. Night shift pay differential will not be included
in the payment of accrued annual leave and compensatory time upon separation from
the County service.
ARTICLE 25 MERGERS OF OTHER FIRE DEPARTMENTS
A. The County agrees that if a department is merged with the Dade County Fire
Department there will be no person now employed by the County displaced
from his bidded position unless that person agrees to such a move. This
Article shall not restrict the right of the Department to relocate units,
realign batallions and districts, or to alter organization and operating_
reporting relationships of merged employees.
AR'tiCLE_ LS_ __ , _ mtactis of oTHER rtitE 9F2ARTMENTS _ (Continued)
B. Whenever a merger discussion is authorized by the Board of County COMMiasidnars
involving municipal fire services the Union shall be so informed and be given
an opportunity to discuss the merger as it pertains to matters covered in
this Agreement. Disputes arising under Paragraph B, of this Article shall not
be arbitrable.
ARTICLE _ 26 TOUR_ OF _ DUTY AND HOURS OF WORK
The three (3) platoon, twenty-four (24) hour tour of duty shift schedule
(twenty-four (24) hours on duty, forty-eight (48) hours off duty) now in effect
shall continue.
The current beginning and ending hours (0700 to 0700) of the twenty-four
(24) hour tour of duty shall not be changed without negotiations between the
parties.
Except for Bureau assignments, the current fifty-two (52) hour work week for
2ersonnel on a twenty-four (24) hour tour of duty shall remain in effect.
Although the County retains the right to change the schedule of employees
currently on a ten (10) hour per day, four (4) day per week schedule, the
County currently has no intent to change that schedule. If the schedule of
those employees is changed in the future, the change will be effective at the
beginning of a bid period in order to allow those employees currently filling
the bidded positions within that schedule an opportunity to bid out of the job.
A11 forty (40) hour personnel will be given an opportunity to work 4-10 hour
Jays. If after ene bid period, in the Department's judgment, this schedule is
not satisiacoty, the Division Head may change the work schedule to five 8 hour
days. The Division Head shall, after three (3) months, evaluate the productivity
and objectives of the bureau involved and counsel the Bureau Head as to the merits
or ramifications of the four 10 hour day shift.
The Department shall endeavor to set up a C.R. schedule for all relief per-
sonnel. Prior to the implementation of the schedule, relief personnel shall be
given at least 96 hours notice prior to a C.R. day.
ARTICLE 27 GROUP HEALTH INSURANCE
A. The County agrees to contribute to the Union's group insurance program $450
per year ($17.31 per pay period) per employee provided that in no event will
the County contribute more than the actual cost of the program. The County
will also continue to deduct amounts required in excess of the County's
contribution to the Union plan from employees' paychecks and remit same along
with the County contribution to the insuror.
B. Any member who desires to enter the County Group Insurance plan who has
either withdrawn from the plan or not joined the plan in accordance with
its terms shall be subject to the requirement of a physical examination at
the employees' expense if an examination is required by the insuror.
This paragraph is reserved for language pertaining to a Health Maintenance
C.ganization (H.M.0.) option to be made available to the Union by the County
subject to explanation and briefing by the H.M.O. representatives to be
scheduled.
•
SttX... EXCHANG
E
Employees may exchange shifts with personnel of the smote classificittiOh stlbst
Jett to the following conditions:
1. Requests may be denied if an exchange will interfere with the
efficient operation of the Department.
2► Exchange of time shall be in increments of twenty-four (24)
hours or less as required by the employee being relieved.
Exchange requests must be made forty-eight (48) hours in advance,
. Exchange requests shall be subject to advance approval by
the Department.
• Exchanges will be limited to twenty-six (26) shifts per year
per employee and may not be for more than five (5) consecutive
shifts.
. Any exchange for Union business shall not be covered by this
Article.
ARTICLE 29 SAVINGS CLAUSE,
All job benefits authorized by the County and heretofore enjoyed by the
employees which are not specifically provided for or abridged by this Agreement
shall continue under conditions upon which they had previously been granted.
Nothing in :his Article shall prevent the County from making reasonable
changes in work rules or methods, provided that such changes do not reduce the
benefits referred to above.
This Agreement shall not deprive any employee of any of the protections
granted by:
1. Federal Law
2. The Laws of Florida
3. Ordinances of Metropolitan Dade County
excluding Budget Ordinances
4. The County Personnel Rules and Regulations
PERSONAL LIABILITY PROTECTION
No employee of the County shall be held personally liable in tort for any
injuries :r damages suffered as a result of any act, event, or omission of action
in the scope of his employment for function, unless such officer, employee, or
agent acted in bad faith or with malicious purpose or in a manner exhibiting
wanton and willful disregard of human rights, safety, or property. Subject to
the monetary limitations set forth in state law, the County shall pay any monetary
judgment which is rendered in a civil action personally against an officer, em-
ployee, or agent of the County which arises as a result of any act, event, or
omission of action within the scope of his employment or function.
ARTICLE EIRE AND RESCUE or '_ DUTY __ SERVICES
Any function or enterprise riling for or requiring reBCue service, fire
watch of other fire duty personnel, shall use off duty personnel from the Fite
Watch list and be paid in accordance with existing County Code unless the Union
and the County agree otherwise.
The opportunity to work off -duty assignments shall be based on att alphabetical`'
roster maintained by the Department.
ARTICLE 32 VOTING
The County agrees to allow each employee who is a registered voter and is
scheduled to work from 7:00 a.m. to 7:00 p.m. on an election day reasonable
time off with pay to vote. Voting time will be scheduled in such a fashion as
to not interfere with normal work production. The location of the employee's
precinct and the employee's work schedule shall be considered in scheduling
time off.
ARTICLE 23 SERVICES TO THE UNION
The County shall furnish the Union a copy of all written rules and regulations
pertaining to employer -employee relations, including but not limited to: County
`tanager's Administrative Orders, Personnel Rules, Departmental Rules and Regulation,
Training Bulletins and other available material regularly distributed to members
of the bargaining unit.
ARTICLE 34
USE OF PRIVATE VEHICLE
when it is necessary for an employee to use his private vehicle to enable
him to perform assigned duties he shall be reimbursed in accordance with County
'tanager's Administrative Order 6-3, in the amount of .14c per mile, or a higher
amount provided thereunder. This provision shall include situations where an
employee is directed to travel to a different station after reporting to his
assigned duty station.
ARTICLE 35 LONG SERVICE PAY PREMIUMS
A. Service in Grade Pay
Employees will receive additional pay step increments for continuous
service in the same classification as described below:
L. Advancement to longevity Step 1 may be made after completion of
five (5) consecutive years service at the maximum rate of the
salary range. Such advancement will be one pay step beyond the
normal maximum rate.
Advancement to longevity Step 2 may be made after completion of
five (5) consecutive years of service at longevity Step 1
of the salary range. Such advancement will be one pay step
beyond longevity Step 1.
3. Longevity increases shall be administered in accordance with the
-19-
■
befit cdin ept, These increases shall be granted, deferred, or defied
oh the basis of the individual achieving annual "satisfactory" or
better performance evaluation ratings in a majority of the evaluations
'iiciurted during the required length of service period .and .-.+ring
!loll
,1., T t t1 evity onus Award
1, In accordance with Administrative Order 7-10, empic.!ees with
fifteen (15) years of continuous uninterrupted County Service shall
rticeive an annual $350 lump sum longevity bonus provided , however,
that if the County increases the longevity bonus amount for any other
employee group, the County will extend the increase to this bargaining
unit.
144
Ks
i 1,tC>t.:, 1b DUES _..0 (ECTi=r) •F
t rrnt t-eeeipt of a lawfully executed utritten authoritatiof fal% f tofi an
•"••oioso . ides form 'low lip tt'ce taliich is approved by the County) • the County
,,t eeeo tit deduct the: reeular union dues of such employee from ';iis bi-weekly
eiv led remit such Deductions to the duly elected Treasurer of the Union
oiihie Leo (la) working Jays from the date of deduction. The lnion will
' Comity in t. r :c in.: thirty (30) days prior to any change in the
regular Lnion dues structure.
t. Any employee may, at any time, on forms provided by the Union (approved
`e the county), revoke his Union dues and deduction and shall submit such
revocation form to the County with a copy of such revocation form to the
Union, The County shall only stop Union dues deductions on the first pay
period in each calendar month.
The Union agrees to indemnify and hold the County harmless against any
ono 111 claims, suits, orders, and judgements brought and issued against the
Coehti• as a result of any action taken or not taken by the County under the
provisions of this Article.
i2TICLE 37
REPORTING OF INJURIES
file parties Agree that in accordance with State Law all injuries regardless
of :he severity are t,• be reported on the proper forms within ninety-six (96)
;ours of the injury Pccuring. At the end of each fiscal quarter, or whenever
lvailahle, a copy of the computer print-out and supporting reports will be
cent to the members of the Labor -Management Committee and the Union Secretary
for evaluation to see .f corrective measures can be found to make the vocation
of Fire Fighters safer in Dade County.
'hT'CLE 38 SEVERABILITY
Should any prevision of this Agreement be adjudicated contrary to law,
then such provisicn .hall be void except to the extent permitted by law, but
the remainder of the Agreement shall remain unaffected. Any provision
td edicated as contrary to law shall be renegotiated between the parties.
APTTCLE 39 MANAGEMENT RIGHTS AND SCOPE OF THE AGREEMENT
The ':pion reccgnizes that the County possesses the sole right to operate
and .nonage the Fire Department and direct the work force and that the rights,
:over:. .zutrori:.-y. tnd discretion which the County and the Department deem
;oce,:;nr^ to oarr'• net its responsibilities and missions shall be limited only
to the spec a is and express terns of this Agreement and not by implied
,•oi :gat'.ons.
:hese rights and pewers include, but are not limited to, the authority to:
3; Deter^iing :he missions and objectives of the Department;
b) Sec standards of service to be offered to the public;
c) Determine the methods, :weans, and number of personnel necessary to
carry out Department responsibilities;
.) Exercise control and discretion over its organization and operations;
e Take such actions as may be necessary to carry out services during
emergencies declared by the County "tanager;
Discipline or discharge employees for just cause;
Schedule operations and shifts. The parties agree that it is their
intention to treat the existing twenty-four (24) hour tour of duty
shift _:s a job benefit under Article 26 and in accordance with
rt::1e '9:
!nt:•duze new .;r impraved methods, operations, or facilities;
promote, Transfer, or assign employees;
l.ay o:f employees in accordance with Chapter 8, Section 2 of the
+:�usrt : ersenne : ^t•les and Layoff Procedure dated January 12, 1965
or te:i•_co hour_ vE work in lieu of layoff;
. oitcd.aa c•rcrt i,..= work as required.
t it is h nt;facleldt;e that . ttttiilti the itt3Ottat it)n 5 tJh iCh
ttll_`Il :1Ad the un: i:?tited ...tit And t1poortuf it`s to t:t .e de; at1
Sith :' `.ipect to Ally subject- per matter and that the unt11'T"'3t,lttii:tfi,,
itift.ents Itti ed at :ti' tile t':3rties l:ter the t'Yer,_ise Of that ri4ht talc!
'Lt t C:1T'it'% are .let :orta in till.. \+',pee ent. AgreeMent. n+'iudia.:
.1127 ent' Ind exhii01.s attached lereto, :ono l:. :es 1l. :ol it't:..
-c:.wee S1 .lts ?.lrt.es .:ur .ag the term aereoL, And nsti`ut''s the tutire
A.--_ etent 0!'tween the ..lr:it'_!i hereto. Ind 3llt:r'rse'ies ill : T'
.t::Met L.i tad ,:i t'rtaS.I lts, :r•l. 3Sl,i .rtttetl, exoresr of 1.'npliee,
:)'Intv ant' t'..e -nion or its .mplovets, .i:l.. f'_;:, t. ti:+'es
.i i lis tail t t's1_. .. t it)ns imposed on each the rest . tint:
sT: t "_:, 1\P :.ct:c't iS
)e. till .trines. '..Ork stoppages, ,? i,:k*. t lines, slowdowns, `Qv`
l refusal t,) twork S�' the? -. CIOlo -a tc
:lt�arta� failure ure or r� tl::;l� perform issigned �t.•t---
14tt Ind there will be no lockouts by the County :or the •iurat:an
+e'lia'1't atit n1t'1: stippt'rts :he Countv in mai::t.I:Ali:1g normal
:s Any n•tL`... t'✓ :tit: participate'.` i:1 . "'rt'TOteS -i •1,tkea, 'work
.svto 'n, ..`Cr , '1' t'. `tit. f3i:::ro per lsal
t5 i,.neti •�. ....t.. ..'e' 3iib' e.t:t to .115t: 1.:` 1 ..i.i r'. action, .:? _ i tna
Yii ?a iS i�, .iAcharge.
recogniteti .v the parties that the County is responsible for Ind:
activities 'wni,:h ire the basis of the health and welfare 'f
Ind that thv this section .,t11.1 ._..ve rise
in.. .+ ..a' , .: i_.. .it Large. \'cordintll . it
l.i in _.a? ".'ca: . 1:1'" vt,1lAtlon .. .1:6 section, .-.:F• .,'Belt'; ; 1:11
Jt,.. 1:.,. . t Ion imr.e.t:_.1t? ;unct ::e' . . . le... however,
...it e :1: .. -5hAli hot ;?t' !sport,..',•_ _or .in'.
l _ n .. It ,..an . . that neither _- .- .....R
sr, ....>t«at _... iuchori:oo. :t -ironed, s1nctionre: , - r
further, _hat the L'ni ;1'. ...•1 its :;fr i:er i ..cave else,a
nable mean," rovers r terminate at-;. .action.
1rtiether, :.' .nab' interpret. alter, `Y i^..en1,. this Agree:re1t. by
... . .. .'.% nd ..li:...,.u31 e3tp._ 'ee -hail lave :at:'-e to .
cl
.2' `i ' ei nR :ncersc c' . _.'.it any interpretation it arrangement iuttia.
,tor'. .. the ?irt,ieS :'.ereto shall i .)l:.tl:.: :1 11. iids_idu':i..
..Feces tint. the County '.:nether such action be , spect_ve or re'roact-.'P.
7(..-7. _.._t•.LE :i�i� �t1T15
-e ';ioT ne: _ , - _:e J.i:e' 2urcau and 3urt'_.iu tC will .2e
1 ` v : eili les 1 : «ant v-'our ::cur basis. Z ica piece of apparatus
:rod 1:: :ire L.ifetv personnel will be assigned and issued i
' radio.
:ERM OF AL1REE'.4ENT ANO ?EOPE:;INC
ati: ic.,.icn by the Union and approval by the Board of County
r.zr: . _ 'a t° ...e:^ , Florida. this Agreement shall 'ce effective
and snail : ntint.:e .n t'r:ect until .ieptember 7.
�r rtv mav recuire __. _.:ss:._as ..cncerning modifications, amendments,
. :::la A►reerent to be :f:tactive October ., 1980 by requestingg.
... writing, . t the other part. Letween April _ and not later than April l5,
. '_f leather party submits snob. written notice during the indicated period,
.. ree'^en: s a:.1 -e automatizally renewed for :he period October 1, 1980
• en -ember 0,
a_ recc to ry ~oth parties, wages only 4h311 be renegotiated
:ear of tnis Agreement (_9'9.- 0)
tt�
Mfiian
iEi;,+ .,T ..1t;RE:EMENT._..1,yD_REi. I'EN E:�C:..,LCon.t„inued_
In the event inv restraint or restriction is
enacted into taw that woulct
1dversoly affect the Cou,nt': 's ability to generate or utilize ad valorem or
`t.her r.i r sources )t revenue :hat ire or 'nay 'e 'itit lied to fund ::re iet— ei
luting :he tern z. this Agreement. or, additionally, if the .:urgent level 't
;eiiefai funding is discontinued or significantly reduced through no taut of
. ne ,.'gout•. , u1ountt shall have the right to renegotiate the wage inctease
ctil : :or rite iecond year of this Agreement i 19 9-0) . = "`
:. ::ie innual wage rates shown in Appendix 1. attached hereto and :made a part
it .tv reference shall become effective on Jetaher 2, 1978, The wage rate`;
,v.aoe -.herein .:i'•:ude an annual 'wage .adjustment for each classl:ication ,,t
it . 3C1, .`3V 3tet as negotiated ,+v :he parties and :, a result,
't . '.nt:.actual changes tiiat will enaule the Department 'J effect :er-
L.ain etliciencles. economies and ;productivity improvements luring :he term at
:tilts Agreement.
... o t ive October 1, 1979, the 'Jage rates shown in Appendix l ';hall be
_::Creased a:' ..), AS reflected .n Appendix 1T attached hereto Ind made a part
hereof ,y reference except as ,rovided for in Article 43, 1,3) and (4).
1W
III
III
111
1refi gh1•er
Are Lieutenant
'lee
Captddn
Thief Fia--e llisficer
ir
1
■
i
APPEIJl)1 X
IMMUNE=
i
Fire fiflit-er
Fire 1,i.eu'tenan t
Fire ;t;apttalm
(Thief Fine 201•f t.er
I 1,11111111 II 11tl
Illfilli 1
r7�
nom
li
I III ill Ili I
11
iI
1
iii1111111111111611111111111111��
i
VW
611
111 I1
$19,485.18 $20,455./6
$23,057.58 $24,155_04
$27,468..48 $28,744..04
32R�J� f►`t1fi_;. $34,481.98
gift
a `C6 tk ' '11. /t:d l ,;• 1
G " f
Y et--4t t4-4,t-c7-e--lictALl-r-
(•.-. C.` r;' /1: Co cc v
(,/ l ,1
,Ls. )i'c.- -'7/ {(c'
er
ef, l f E: (_7
L�fs_�/rat' C
/ v
y ??r.'
..? tx-..e /1 Le, .1 c:Z z.�
/ 9 3 i •- - th, . y ,�tc•�.-'>
'2 :-
/ 7?it1'711�L, .£ 1.-t C / /d /�-i • k., :3 "
if. 441.) 4,4e.e.
/1;,'A
r7r- s 1, 4 t/2---
A. /
y/
. c.: L.,t. .c.,.,t 2
e
lo;r2/ 021,949b-,4.5
', ," h /fi 7.5 35in
/iv J'L.
f/
7s-
�S`/ L1 `3 6
767- /,/ ,2,
� f 7U ,se-
Ir
C, (/ 3" /1/1 u. / ,� L . �L/` /v/i
2-7/_-8/.s
� /5 • �- f 1
P T — •
-
• �OC`�
Ji:1!,.,f. '
J d
/cn f t3 /6 (} yl
cqo /VCui 3 L
- -f -.30 4 /4 /12 .
376- mow
‘P(5.-sr
/.
ttt AO '64d gt -CZ -r-H-1-74e
,83-:
.3e 6-71b/74-77,1e , yri- //9-.0 -C7/0 .7./S74 -)-2 3
//' ,-,, -,--7 ,1 )4/ i."' ..-(A' , ••- -4:: - . .7
-3 t,144 /637-2 ir- AA w.
,k_c.,) G
ti
w. nk \ ,; -.---LY`' 5( ''t ciA-----(L,
ip j /1- C &'/Itt." c /0 /4 (it 3--t,-f22C-
.,2 4ic.----)- ,,,' 2/s— 4.-icti y y o o y
#.5( 1 (z_,_„..,cz tq, 61:442 For, o 1_,, t.o, / 6- ----1-4 4yei---- 691- ci,ci S 0
lb/
t /.5 //WO- / c1/9 ? .47 Liv/ C S' -17/ "it C PA e -4' 1-
(7 C'X' 7 /30 A) C-Cd 41 I SY- ‘..) 3 Si 2
u•
•4:,-;::2_,_(" y ,E3 e''. 7,) _) % .4- --' -.)/ - `,),_5'-c;-,-
./i" V.Q\7-7rW.IL-2.-- 3 i> -i, L b 96.D&07‘
./4/ (/ 7e'7_,
'51 %-4-1 "14?fr- c) 73-() 1-'- //-77- .3-c-c-- ) c) — 727.6P
-57 A,)s.'N '1-10-Z1-1.---) IT ""
e,.-'
0-;:2 e-e449/277, --.'i " ,LI eve Aba r / 7er -S77 1:1/ If it/ (/ /--"- 0 %
,‘'7,
,c'$: ? ri 9
e* 8,5C ( $ui
/c?4</1 -./4./ 3 '7 Mir-- ;'5,-7' I. t-fl'6‘: ..'7r; 6 /
.)/7/1 AJG-I / _lel ..7-
2
3h/c.itee.,-'7,Lsr
0. 5 ui.77+`\ 5-.
',.? / • ki,Z, I. //.4::- i/ ) 4'' (.7-6(
c() PO
69
( kotl 11 (i 71-ict-___---
0/ 3--/ SO
GI( i,=3
//i/V6-) .5-7%
A
(
Tr, pli20,140,c).
PL. ALCY9k.
Fit-. se-C-1-30,5Z)
-1 SE. h,
76 )2 44/1 d/f4e
/if 1zi,
. .
. . . . . . . . . .
,.,,,*,!,..,,,U.,4,0.1;0,4,V..0.,,..1...,.....,4,1n,,,,,,,,4,41.,.,n.A.....,,,,,,,,,,,*,,,,,n.
o
rt)
=11,-
!1 114
UVZ
..Celt-cr36 ey- 4c4 - c4'-
/Loa& - 'Y 7 -3 s5 .4.. i c_,„I 6 '726 -e -
--.,..e(,. ) 1., , ,/ 44C 7 5/ - ,.-5-6 ei
9/ t c_t_ c fc(g- Po-Lir-4 ?/ ,t C- 69 s_lt• 26-6-&—Fg$,'
• 94Z S ,,,_•C(L_ .,4,-n:W3 1 0 N 1,t, S',1 S t 7567--- 0350
• 95 J'erato,t(Li, Akci,G ,..,_/ 2/1((--'7):/-/-- 2.0, 7-7,-S ---2-
1/2/
iki E . W. Se -77-4/ 75-6 -- 6 5..D13
JYI ) .757
ANNJ/1-L-4-1\ / 9 -7) • a .2Z• 17 5 5
Pe(
4:?2:••
•
67- c:26 6S- t-ek4t
C. ) z
297 (la I, ‘,N 0 Hui 5 7- ytt36
VT -TT "Ct , -Q(_(.4(
-<15/A
1"4-• cF
5 N vtl. 1 sr /11:(/ 1,)9(-..- )
(1,4, 0 .5'1 -(f c
Ai
ot‘c,i-dyk r-) ((i) A /./. (. / 'jyt. t- ,
7
f9' V,14? ,Sfr 6.6
61) , e 11,4,.1 ti / /C • //•
el/ , -/ /9/ /1-.1• 6: ;7/ tSe -
•
9.--s &vizi /--5. 2 X(
.1
9`) 11// I ". /-77
(4,
(.‘" ,•'-( -7 )t.
(05/ 4.-; X).
e.
7)(4 c/i .
A ) ,
(1.
- - ,
- -5 S',//-7/2 <5-7
.N- 603s
-1-A
/4c/ P-tba.ivvL
*2 /9/4%."- .5 -152' . 752 - -
3 7 `7,2L43
rLel /..(e'
r
f
.1 %< � ( /,�, � . i t 3 S //tc .et. r-cc.t, 3 � / V
C-tt;.�iic�,.
9-i , Z. / �3f�y
'� �0)
111
•
a4,�_�_r
MEW
I' 1
nl 'eceptinnist
02 Records Fecretary
:11 Administrative Secretary.
Admini-,trative Sec. -CC I •
STET 1
?,,610
10,091
10,596
10,596
04 11,126
05 Administrative Sec. 1I 11.682
Administrative Sec. -CC II 11,682
06 12,266
07 12,879
08 Executive Secretary 13,523
09 14,199
10 .Asst.. Dir. Plan & Zon Board 14,909
11 15,654
12 16.437
13 17,529
14 18,122
15 19,,028
16 19,979
17 ,Asst. to City Manager I 20,978
Purchasing Officer 20,978
18 Director Plan. & Zoning Board- 22,027
19 23,128
20
Asst. Directors
Budget and Management
Citizen Services
Labor Relations
Asst. Directors
Leisure Services
Planning
Finance
Computers & Communications_
Parks
lublic Works
Solid Waste
Stadiums & 'Marinas
Building a Veh.
Police Major
:Battalion Chief
Asst. to City "manager II
Mill
IIIIIIII1.I.III1
•
1
Lill ( r; 1 A;•..
EXECUTIVE PAY SCHEDULE
STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8
10,091
10,596
11,126
11,126
11,682
12,266
12,266
12,879
13,523
14,199
14,909
15,654
16,437
17,529
18,122
19,028
19,979
20,978
22,027
22,027
23,128
24,284
'24,,284 25,489
Al ,1
111111111
III
1
-11
10,596
11,126
11,682
11,682
12,266
12,879
12,879
13,523
14,199
14,909
15,654
16,437
17,529
18,122
19,028
19,979
20,978
22,027
23,128
23,128
24,284
25,489
11,126
11,632
12,266
12,266
12,879
13,523
13,523
14,199
14,909
15,654
16,437
17,529
18,122
19,028
19,979
20,978
22,027
23,128
24,284
24,284
25,489
26,773
26,773 28,112
11
,.
11,682
12,266
12,87')
12,879
13,523
14,199
14,191
14,9n)
16,437
17,529
19,0293
19,97)
20,978
22,027
23,128
24,284
25,489
25,489
26,771
28,112
12,266
12,879
13.523
13,523
14,199
14,909
14,909
15,654
16,437
17,529
18,122
19,028
19,979
20,978
22,027
23,129
24,284
25,489
26,773
26,773
28,112
29,518
12,879
13,523
14,199
14,199
14,909
15,654
15,654
16,437
17,529
18,122
19,028
19,979
20,979
22,027
23,129
24,284
25,489
26,773
28,112
28,112
29,51:-
30,994
11.573
14,199
14,909
15.654
16,437
16,437
17,529,
18,122
19,028
19,979
20,978
22,027
23,123
24,284
25,489
26,773
28,112
29,.518
29,,518
32,544
29,518 30,994 32,544 34,171
1, U
.1
i
ui
i
i
1111
i
4, - 1.
i
1,
111111111
a7/78
Uir1 t r._
jOur1 ,1r
Hur:n:t ..•sourC'e:,
Building and Zoni:.3
Community Dcv. Admin.
23 .Directors
Citizen Servic.:-
Leisure Services
Trade & Commerce i'romotion
Parks
Bldg. & Jch. ' ai::',enafce
Stadiums & Marina,,
Assistant Fire Chief
Assistant Police Chief
24
25 'Directors
Tourism & Pro^:ot/
Building & Zoning
Conference & Con'+- " io:•
Planning
,Computers & Communications
.budget & Management
Human Resources
Labor Relations
Asst. to City Manager III
26
27 Directors
Public Works
Solid Waste
Finance
2:8 ,Asst.. City Manager
Police Chief
'ire Chief
1■1■�I■1111111111111
II
1
,•, P 2 ;'1'EI' 3 ST:::P 4 STEP 5 STEP S I L_ 7 ST
9,518.
34,171
.35,c30
37,674
, 67.4 :;_:,:_-:3g «5.`
,518 - 30,994 32,544 34,171 35,880 37,674 39,558 41,536
04-994 32,544 34,171. 35,880 _ 37,674 39,558 41,536. 43,613
- ,. - „ -..
- „ „ - „
" „
,. ,. ,.
=32 544 3'=,171 35,880 37,674 39,558 41,536 43,613 45,794
34,171 3'3,880 37,674 39,558 41,536 43,613 45,794 48,084
5-,880 37,674 39,558 41,536 43,613 45,794 48,084 50,488
„ „
43,613 45,794 48,i4 50,498 53,512
45,794 48,084 50-,488,_.'53.,0.12 55,663:
11111111111111111111
1
4.. 33,,558 41,536
$;1",536 43,613
■111111111
11
II
111
111111
111111111111111
111
i
111111
■
11111111111
i
1
b . MARSHALL BARRY and
LAWRENCE E. JESSUP, JR.,
and LOCAL UNION NO. 587,
INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS, AFL-CIO,
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN
AND FOR DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
)
Plaintiffs
ACREED ORDER
)
HOWARD V. GARY, individually (
and as Director of Management )
and Budget Department, City (
of Miami, JOSEPH R. GRASSIE, )
City Manager, City of Miami, (
and the CITY OF MIAMI , )
(
Defendants )
(
Court:
)
The following Order may be entered in this cause by this
THIS CAUSE,having come before the undersigned in chambers
on July 28, 1978, on the this Court's Order to show cause, if
any, why the temporary injunction entered by this Court on July 26,
1978, should not continue until firal hearing, and the Court having
jurisdiction over the parties and the subject matter as provided
for in Chapter.119.11, Florida Statutes, and after hearing and argu-
ment of counsel, this Court finds:
1. That the temporary injunction entered on July 26, 1978,
sha llbe continued in all respects as clarified by this Order.
2. The parties have agreed that in furtherance and imple-
mentation of said temporary injunction, the following procedure
shall be followed:
(a) The defendants shall provide upon the request
of the plaintiffs, and for plaintiffs' personal inspection and
examination, the actual public records within the custody ofge -
7�
c1ru
i
defendants, and such actual public records shall be hand delivered
to plaintiffs, Barry and/or Jessup, for their personal inspection
and examination.
(b) That if such public records are being actively
used by defendants at the time of the request, then defendants shall
bring said actual records to plaintiffs and, in plaintiffs' presence,
shall photocopy said actual records and hand deliver the copies to
plaintiffs.
(c) That the term, "actual public records" as used
in this Order, shall mean papers of all kinds and descriptions,
including working papers and all other public records as defined
in 119.011(1), Florida Statutes. Plaintiffs need only describe
said public records generically with sufficient particularity as
to reasonably alert defendants to the kinds of material being re-
quested; by way of illustration, if plaintiff Barry requests "all
materials which are used in the preparation of the 1978-79 budget:
in connection with the fire department", then defendants shall
provide all actual public records in connection with that subject:,
including interdepartmental communications, budget projections, etc.
i;arry, thereafter, seeks additional actual public
records on the same subject, he may describe said records by
simply referring to the materials which have been referred to in
the records provided him by defendants.
(d) The request for material and the providing of
material may be made during the hours the Department of iiudget. an.:
Management is open, by either plaintiff Barry or plaintiff Jessup
to defendant Gary; in defendant Gary's absence, such request may
be made to Mr. Ron Daniels or, in Mr. Daniels' absence, to another
person who shall be specifically designed to produce the actual
puoiic records requested.
(e) Defendants shall provide access to such actual
public records as expeditiously as possible.
tb s
(f) If plaintiffs desire to copy atiy tecords and
Thtove them, a cost of five cents per page shall be levied.
3. This Court appoints Mr. Howard Dixon, a circuit court
Master, to be Master of this Court for the purpose of appea. -
itt the offices of the City's Budget and Management Department_
assure that this Order is carried out, and if not carried out, to
report back to this Court, in writing or orally, what recommendation
he may have in that regard. Mr. Dixon's services as outlined here
shall be utilized at the plaintiffs' request in the event a conflict.
develops between the parties concerning the furtherance and imple-
mentation of this Order. The fees of Mr. Dixon shall be paid by
plaintiffs and may be assessable as costs at the completion of
this case as the law may provide.
Jos pKap an
At orrley or Plaintiffs
19 1l. W. 17th Avenue
Mia.1, Florida
__Ue r e.._F Knox, Jr..
Cit Attorney
Attorney for Defen•snts
174 East Flagler S reet
Miami, Florida
DONE AN ORDERED in Chambers at Miami, Florida, this
1978.
•
■
■
■ME
■
■
• J
R DIT Jtu)Z;l
b. MARSHALL BARRY and
LAWRENCE E. JESSUP, JR.,
and LOCAL UNION NO. 587,
INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS, AFL-CIO
Plaintiffs,
-vs-
HOWARD V. GARY, individually
and as Director of Management
and Budget Department, City
of Miami, JOSEPH R. GRASSIE,
City Manager, City of Miami,
and the CITY OF MIAMI,
Defendants,
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN
AND FOR DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
78-12046 (5)
TEMPORtARY INJUNCTION;
ORDER TO SNOW CAUSE
THIS CAUSE having come before the undersigned in Chambers
on July 26, 1978, on Plaintiffs' petition for a temporary
injunction to compel compliance with Florida's Public Records
Law (Chapter 119, Florida Statutes), and the Court having
jurisdiction over the parties and the subject: matter as provided
for in Chapter 119.11, Florida Statutes, and after Hearing and
argument of counsel, this Court finds:
1. That Plaintiffs, Dr. D. Marshall Barry and Lawrence
E. Jessup, Jr., have a lawful right to make a personal inspection
and examination of all public records made or received by
Defendants pursuant to law or ordinance or in connection with the
preparation of any paper, report or record pertaining to the
City of Miami Budget, including all working -papers, where such
public records are in existence and in the custody of the
Defendants Gary or Grassie or in the possession of any subordinate
of either who may be employed by Defendant City of Miami.
2. That Plaintiffs, Dr. D. Marshall Barry and Lawrence
E Jessup, Jr., have a lawful right to have reasonable access
T6 such public records in order to inspect and examine those
rc'cords as provided above.
•
1
•
D, MARSHALL BARRY and
LAWRENCE E. JESSUP, JR.,
and LOCAL UNION NO. 587,
INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS, AFL-CIO
Plaintiffs,
-vs-
HOWARD V. GARY, individually
and as Director of Management
and Budget Department, City
of Miami, JOSEPH R. GRASSIE,
City Manager, City of Miami,
and the CITY OF MIAMI,
Defendants,
s
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN
AND FOR DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 78-12046 (5)
TEMPOFARY INJUNCTION;
ORDER TO SHOW CAUSE
THIS CAUSE having come before the undersigned in Chambers
on July 26, 1978, on Plaintiffs' petition for a temporary
injunction to compel compliance with Florida's Public Records
Law (Chapter 119, Florida Statutes), and the Court having
jurisdiction over the parties and the subject: matter as provided
for in Chapter 119.11, Florida Statutes, and after Hearing and
argument of counsel, this Court finds:
1. That Plaintiffs, Dr. D. Marshall Barry and Lawrence
E. Jessup, Jr., have a lawful right to make a personal inspection
and examination of all public records made or received by
Defendants pursuant to law or ordinance or in connection with the
preparation of any paper, report or
City of Miami Budget, including all
record pertaining to the
working -papers, where such
public records are in existence and in the custody of the
Defendants Gary or Grassie or in the possession of any suhclydinato
of either who may be employed by Defendant City of Miami.
2. That Plaintiffs, Dr. D. Marshall Barry and Lawrence
Jessup, Jr., have a lawful right to have reasonable access
such public records in order to inspect and examine those
r .,cords as provided above.
3. That Plaintiffs, Dr. D. Marshall Barry and Lawrence D.
ign4tALy -0444 Jr., havmbeen denied full access to such public records
fot over one month and therefore immediate relief from this Court
la necessary in order to implement Plaintiffs' rights under the law.
THEREFORE, IT IS ORDERED AND DECREED THAT:
1. Defendants Gary and Grassie, and all persons su`. - ,
to either who are employed by the City of Miami, are hereby
btdered immediately to open all public records of the City of
Miami for inspection and examination by Plaintiffs, Dr. D. Marshall
Barry and Lawrence E. Jessup, Jr., where such records are in
existence, and pertain to the City of Miami Budget, including all
working -papers, or which pertain to any information contained in
or referred to in Defendant Gary's "Mid Year Budget Review"
attached to the Complaint in this cause. Plaintiffs' access
to such records shall not be restrained by Defendants rut shall
be reasonably exercised by Plaintiffs Barry and Jessup.
2. Defendants shall return to the undersigned in Chambers
at 1:15 P.M., July 28, 1978, to show cause, if any, why this
Temporary Injunction should not continue untilfinal hearing.
3. This Court reserves jurisdiction to enter such other
Order as it may deem appropriate to give full implementation to
Chapter 119, Florida Statutes, as the nature of the dispute
between the parties requires.
4. All other matters requiring adjudication are reserved
final hearing.
DONE AND ORDERED at Miami,
July, 1978 in Chambers.
Florida, this