HomeMy WebLinkAboutExhibit V1INTERIM AGREEMENT
BETWEEN
CITY OF MIAMI, FLORIDA
AND
FRATERNAL ORDER OF POLICE,
WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20
REGARDING DETENTION OFFICERS
EFFECTIVE UPON RATIFICATION THROUGH SEPTEMBER 30, 2010
TABLE OF CONTENTS
ARTICLE PAGE
InterimAgreement...................................................................................................................................................................... l
Preamble......................................................................................................................................................................................1
Article1 Recognition..................................................................................................................................................................
2
Article2 Representation of the City............................................................................................................................................
3
Article 3 Representation of the Classification of Detention by the FOP.....................................................................................
3
Article4 Management Rights......................................................................................................................................................
5
Article5 No Strike......................................................................................................................................................................
6
Article6 Grievance Procedure....................................................................................................................................................
7
Article7 Rules of Construction.................................................................................................................................................
13
Article8 Disciplinary Procedure...............................................................................................................................................
13
Article9 Line of Duty Injuries..................................................................................................................................................
17
Article10 Notices......................................................................................................................................................................
25
Article11 Bulletin Boards.........................................................................................................................................................
25
Article 12 Department Disciplinary Review Board...................................................................................................................
26
Article13 Recall and Court Time.............................................................................................................................................
28
Article14 Transfers ...................... ................ .:....................... ............................ .................... ....... ..................................... .......
29
Article15 Overtime/Compensatory Time.................................................................................................................................
30
Article16 5-8 Work Schedule...................................................................................................................................................
32
Article17 Standby.....................................................................................................................................................................
32
Article18 Wages.......................................................................................................................................................................
33
Article19 Total Agreement.......................................................................................................................................................
35
Article20 Holidays...................................................................................................................................................................
36
Article21............................................................................................................................................ ..............................
37
Article22 Uniform Allotment...................................................................................................................................................
37
Article23 Prevailing Benefits.................................................................................................................... ..........................
.
Article24 Group Insurance.......................................................................................................................................................
39
Article25 Dues Check Off........................................................................................................................................................
43
Article26 F.O.P. Time Pool......................................................................................................................................................
44
Article27 Discrimination..........................................................................................................................................................
47
Article28 Bereavement Leave..................................................................................................................................................
48
Article29 Commendation Paid Leave.......................................................................................................................................
49
Article 30 Family Medical Leave and Leave Without Pay.......................................................................................................
49
Article31 Vacation...................................................................................................................................................................
51
Article32 Blood Donors...........................................................................................................................................................
53
Article33 Sick Leave................................................................................................................................................................
54
Article 34 Substance/Alcohol - Personnel Screening................................................................................................................
57
Article35 Heart Bill/Physicals..................................................................................................................................................
62
Article 36 Sworn Detention Officers Killed in the Line of Duty ..............................................................................................
63
Article37 Non Duty Court Appearance....................................................................................................................................
63
Article38..................................................................................................................................................................................64
Article 39 Pension For Detention Officers................................................................................................................................
64
Article40 Bid Process/Seniority...............................................................................................................................................
68
Article41 .................................................................................................................................................................................
69
Article42 Tuition Reimbursement............................................................................................................................................
70
Article 43 Post Employment Health Plan..................................................................................................................................
72
Article44.................................................................................................................................................. ...........................
72
Article45 Term of Interim. Agreement......................................................................................................................................
73
AppendixA...............................................................................................................................................................................
76
Index..........................................................................................................................................................................................
77
INTERIM AGREEMENT
THIS INTERIM AGREEMENT regarding the newly -created classification of
Detention Officers (hereinafter referred to as "Detention Officer(s)" or "bargaining unit
member(s)") is entered into this of
2008 by and between the
CITY OF MIAMI, FLORIDA, a municipal corporation (hereinafter referred to as the "City") and
the FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO.
20 (hereinafter referred to as the "F.O.P.") an organization representing certain sworn police
employees of the City of Miami's Police Department (hereinafter collectively "the parties"). It is
clearly agreed and understood by the parties that this Interim Agreement is only applicable to
Detention Officers. This Interim Agreement does not apply to any other position(s) in the
bargaining unit.
PREAMBLE
WHEREAS, it is the intention of the parties that this Interim Agreement is 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:
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Article 1
RECOGNITION
1.1 Pursuant to and in accordance with all applicable provisions of the Florida Public
Employees Collective Bargaining Law, Chapter 447, Florida Statutes, management recognizes
the F.O.P. as the exclusive collective bargaining representative for those employees in the
defined bargaining unit for the purpose of collective bargaining with respect to wages, hours, and
other terms and conditions of employment, including Detention Officers as per PERC Order
Clarifying Certificate #219 dated July 15, 2008.
1.2 The bargaining unit consists of all sworn employees (hereafter referred to as bargaining
unit member(s)) holding positions in the classifications shown below which may hereafter be
added to, reduced or changed as hereinafter provided, and excludes all other employees not
specifically shown below in Section 1.4. Changes in the bargaining unit shall only be made upon
proper application to and adjudication by the appropriate state agency and/or the appropriate
court of competent jurisdiction; or as may be mutually agreed upon by the parties.
1.3 The salaries listed in the appendices represent an approximation. The salary schedule
issued by the Employee Relations Department is the official City salary document.
1.4 Bargaining Unit Classifications (From Appendix "A")
Class Code Number
5005
5006
5011
5012
5013
5014
5015
5080
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Class Title
Officer
Motor Officer
Sergeant
Lieutenant
Captain
Motor Sergeant
Motor Lieutenant
Detention Officers
Article 2
REPRESENTATION OF THE CITY
2.1 The City shall be represented by the City Manager, or a person or persons designated in
writing to the F.O.P. by the City Manager. The City Manager, or his designated representative,
shall have sole authority to conclude an agreement on behalf of the City subject to ratification by
an official resolution of the City Commission. It is understood that the designated
representatives of the City are the official representatives for the purpose of negotiating the
Interim Agreement. Any negotiations entered into with persons other than those defined herein,
regardless of their position or association with the City, shall be deemed unauthorized and shall
have no standing or weight of authority in committing or in any way obligating the City. It shall
be the obligation of the City Manager, or his designated representative to notify the F.O.P. in
writing of any changes in designation of the City's representative for the purposes of
negotiations.
2.2 For the purpose of this Interim Agreement, reference(s) to the Chief of Police shall
include his/her designee.
Article 3
REPRESENTATION OF THE CLASSIFICATION
OF DETENTION OFFICERS BY THE FOP
3.1 The F.O.P. shall be represented by the President of the F.O.P. or by person or persons
designated in writing to the City Manager by the President of the F.O.P. The identification of
representatives shall be made each year by April 15t. Such designation shall be accompanied by
an affidavit executed by said President that the F.O.P. has complied with all requirements of
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State Law in effect at that time with respect to registration of the F.O.P. The President of the
F.O.P., or person or persons designated by said President, shall have full authority to conclude an
Interim Agreement on behalf of the F.O.P., for the sole purpose of establishing the terms and
conditions of employment of the Detention Officer classification, subject to ratification by a
majority vote of those bargaining unit members voting on the question of ratification. It is
understood that the F.O.P. representative or representatives are the official representatives of the
F.O.P. for negotiating with the City. Any negotiations entered into with persons other than those
defined herein, regardless of their position or association with the F.O.P., shall be deemed
unauthorized and shall have no standing or weight of authority in committing or in any way
obligating the F.O.P. The F.O.P. shall notify the City Manager in writing of any changes in the
designation of the President of the F.O.P. or of any certified representative of the F.O.P. Up to
five (5) designated representatives of the F.O.P. shall be permitted to attend the negotiation
sessions on duty with no loss of pay or emoluments. Two (2) of the representatives shall be
compensated by the City and their shifts and/or days off shall be adjusted to accommodate the
negotiation process. The other three (3) shall be compensated by the existing FOP Time Pool.
The seven day notice requirement will not apply where the schedule of negotiating sessions
prohibits its application.
3.2 The parties agree that time spent in contract negotiations will be paid at the straight
time rate.
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Article 4
MANAGEMENT RIGHTS
4.1 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 and authority not abridged, delegated or
modified by the express provisions of this Interim Agreement, in addition to any MOU entered
into during the term of this Interim Agreement. Any future MOUs that amend this Interim
Agreement shall be subject to Florida Statute, Chapter 447, Part II.
The rights of the City, through its management officials, shall include, but shall not be
limited to, the right to determine the organization of City Government; to determine the purpose
of each of its constituent departments; to exercise control and discretion over the organization
and efficiency of operations of the City; to set standards for service to be offered to the public; to
direct the bargaining unit members, including the right to assign work and overtime; to hire,
examine, classify, promote, train, transfer, assign, and schedule bargaining unit members; to
suspend, demote, discharge, or take other disciplinary action against bargaining unit members for
proper cause; to increase, reduce, change, modify or alter the composition and size of the work
force, including the right to relieve bargaining unit members from duties because of lack of work
or funds; to determine the location, methods, means, and personnel by which operations are to be
conducted, including the right to determine whether goods or services are to be made or
purchased; to establish, modify, combine or abolish positions; to change or eliminate existing
methods of operation, equipment or facilities; to establish, implement and maintain an effective
internal security program, and to establish rules, regulations and rules of conduct.
4.2 The City has the sole authority to determine the purpose and mission of the City and to
prepare and submit budgets to be adopted by the City Commission.
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4.3 Those inherent managerial functions, prerogatives and policy making rights which the
City has not expressly modified or restricted by a specific provision of this Interim Agreement
are not in any way, directly or indirectly, subject to the Grievance Procedure contained in this
Interim Agreement.
4.4 If the City fails to exercise any one or more of the above functions from time to time,
this will not be deemed a waiver of the City's right to exercise any or all of such functions. This
provision will in no way alter or diminish the rights afforded by Article 23, Prevailing Benefits.
4.5 The City retains the right to establish, and from time to time to amend, rules and
regulations not in conflict with this Interim Agreement.
Article 5
NO STRIKE
5.1 "Strike" means the concerted failure to report for duty, the concerted absence of
bargaining unit members from their positions, the concerted stoppage of work, the concerted
submission of resignations, the concerted abstinence in whole or in part by any group of
employees from the full and faithful performance of their duties of employment with the City,
participation in a deliberate and concerted course of conduct which adversely affects the services
of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term
of or after the expiration of a collective bargaining agreement.
5.2 Neither the F.O.P., nor any of its officers, agents and members, nor any bargaining unit
members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone
any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or
any other interruption of the operations of the City.
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5.3 Each bargaining unit member who holds a position with the F.O.P. occupies a position
of special trust and responsibility in maintaining and bringing about compliance with this Article
and the strike prohibition in F.S. 447.505 and the Constitution of the State of Florida, Article I,
Section 6. Accordingly, the F.O.P., its officers, stewards and other representatives agree that it is
their continuing obligation and responsibility to maintain compliance with this Article and the
law, including their responsibility to abide by the provisions of this Article and the law by
remaining at work during any interruption which may be initiated by others; and their
responsibility, in event of breach of this Article or the law by other bargaining unit members and
upon the request of the City, to encourage and direct bargaining unit members violating this
Article or the law to return to work, and to disavow the strike publicly.
5.4 Any or all bargaining unit members who violate any provisions of the law prohibiting
strikes or of this Article may be dismissed or otherwise disciplined by the City, and any such
action by the City shall not be grievable or arbitrable under the provisions of Article 6 -
Grievance Procedure.
Article 6
GRIEVANCE PROCEDURE
6.1 In a mutual effort to provide harmonious working relations between the parties of this
Interim Agreement, it is agreed to and understood by both parties that there shall be a procedure
for the resolution of grievances or misunderstandings between the parties arising from the
application or interpretation of this Interim Agreement.
6.2 A grievance is any dispute, controversy or difference between (a) the parties, (b) the
City and a bargaining unit member or bargaining unit members on any issues with respect to, on
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account of or concerning the meaning, interpretation or application of this Interim Agreement or
any terms or provisions thereof.
A grievance shall refer to the specific provision or provisions of this Interim Agreement
alleged to have been violated. Any grievance not conforming to the provisions of this paragraph
or that contains non -identification of specific violations of the Interim Agreement shall be denied
and not eligible to advance through the steps of the Grievance Procedure including arbitration.
6.3 Nothing in this Article or elsewhere in this Interim Agreement shall be construed to
permit the F.O.P. to process a grievance (a) on behalf of any bargaining unit member without his
consent, or (b) with respect to any matter which is the subject of a grievance, appeal,
administrative action before a governmental board or agency, or court proceeding, brought by an
individual bargaining unit member or group of bargaining unit members, or by the F.O.P.
6.4 It is further agreed by the F.O.P. that bargaining unit members covered by this Interim
Agreement shall make an exclusive Election of Remedy prior to filing a 2nd step grievance or
initiating action for redress in any other forum. Such choice of remedy will be made in writing
on the Election of Remedy form to be available at the Department of Employee Relations,
Division of Labor Relations. The Election of Remedy form will indicate whether the aggrieved
party or parties wish to utilize the Grievance Procedure contained in this Interim 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 parry or parties from utilizing said Grievance Procedure for
adjustment of said grievance.
6.5 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
H
forty (40) hour, five (5) day workweek, Monday through Friday not including citywide holidays.
All grievances must be processed within the time limits herein provided unless extended by
mutual agreement in writing.
Any grievance not processed in accordance with the time limits as set forth in this
Article 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 bargaining
unit members having the same issue to be decided, or if the grievance is directly between the
F.O.P. and the City, it shall be presented directly at Step 3 of the Grievance Procedure, within the
time limits provided for the submission of a grievance in Step 1, and signed by the aggrieved
bargaining unit members or the F.O.P. representative on their behalf. The Election of Remedy
form as provided in Section 6.4 of this Article must be completed and attached to grievances
presented directly at Step 3.
6.6 Only a bargaining unit member who has permanent Civil Service status as a Detention
Officer in the Miami Police Department may appeal a suspension, demotion, or dismissal
through the grievance procedure contained in this Interim 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.
6.7 Disputes involving the granting of workers' compensation shall not be subject to this
grievance procedure, but disputes involving the granting of supplemental disability pay shall be
grievable.
6.8 Grievances shall be processed in accordance with the following procedure:
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Step 1.
Step 2•
Step 3.
The aggrieved bargaining unit member shall discuss the grievance with his immediate
supervisor within five (5) working days of the occurrence which gave rise to the
grievance. The F.O.P. representative may be present to represent the bargaining unit
member if the bargaining unit member desires him present. The immediate supervisor
shall attempt to adjust the matter and/or respond to the bargaining unit member within
five (5) working days.
If the grievance has not been satisfactorily resolved at Step 1, the bargaining unit
member or the employee organization representative shall complete the Election of
Remedy form described in Section 6.4 of this Article before initiating the grievance to
the second step of the Grievance Procedure. If the aggrieved party or parties elect a
remedy other than the Grievance Procedure contained herein., the grievance shall be
withdrawn for redress consistent with the Election of Remedy form.
When the Election of Remedy form indicates the grievance is to be advanced through
the Grievance Procedure, the bargaining unit member or the F.O.P. representative shall
reduce the grievance to writing on the grievance form provided for this purpose and
present such written grievance to the Department Head or designee within five (5)
working days from the time the response was given at Step 1. The Department Head
or designee shall meet with the bargaining unit member and/or the F.O.P.
representative and shall respond in writing to the bargaining unit member and the
F.O.P. within seven (7) working days from receipt of the written grievance.
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Step 4.
If the grievance was not satisfactorily resolved in Step 2, the bargaining unit member .
or the F.O.P. may present a written appeal to the City Manager or the Labor
Relations/Deputy Director, Department of Employee Relations within seven (7)
working days from the time the response was given at Step 2. The City Manager
and/or the Department of Employee Relations designee shall hold a grievance hearing
with the bargaining unit member and/or the F.O.P. representative. The City Manager
and/or the Department of Employee Relations designee shall respond in writing to the
bargaining unit member and the F.O.P. within ten (10) working days from the receipt
of appeal.
1. If the grievance is not settled in Step 3, a written request from either the
Bargaining unit member, Employee Organization, or the City may be submitted to
the Labor Relations/Deputy Director, Department of Employee Relations 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 Interim
Agreement and not under the rules of the American Arbitration Association.
Subject to the following, the Arbitrator shall have jurisdiction and authority to
decide a grievance as defined in this Interim Agreement. The Arbitrator shall
have no authority to change, amend, add to, subtract from, or otherwise alter or
supplement this Interim 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 Interim Agreement not to be subject to arbitration or which
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is not a grievance as defined in this Interim Agreement, or which is not covered
by this Interim Agreement; nor shall this Interim Agreement be construed by the
Arbitrator to supersede any applicable laws.
3. It is contemplated that the City and the F.O.P. or bargaining unit member 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 parry shall bear the expense of its own witnesses and of its own
representatives. The F.O.P. and the City shall bear equally the expense of the
impartial Arbitrator, including any retainer fee of the Arbitrator. Should any
individual bargaining unit member bring a grievance under this Article, he/she
shall be required to post a bond of an estimated one-half (1/,) of the expenses of
the hearing with the arbitrator before the hearing may be scheduled. The parry
desiring a transcript of the hearing will bear the cost of same.
5. Copies of the award of the arbitration made in accordance with the jurisdiction or
authority under this Interim Agreement shall be furnished to both parties within
thirty (30) days of the hearing and shall be final and binding on the aggrieved
bargaining unit member(s), the F.O.P. and the City.
6. The Arbitrator shall be selected by agreement of the parties. In the event the
parties cannot agree upon an Arbitrator, the Federal Mediation and Conciliation
Service shall be requested to nominate five (5) persons for such position. Each
party may reject such list in its entirety. If a list is not so rejected, names shall be
stricken alternately, the party striking first to be determined by the toss of a coin.
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6.9 The City agrees to pay the F.O.P. up to forty thousand dollars ($40,000) per fiscal year
for representation of its bargaining unit members, including Detention Officers.
Article 7
RULES OF CONSTRUCTION
7.1 It is agreed and understood that this Agreement constitutes the whole Agreement
between the parties.
7.2 If this Agreement or any provision, section, subsection, sentence, clause, phrase, or word
of this Agreement is in conflict with any law as finally determined by a court of competent
jurisdiction which had presented to it the issue of conflict as it may pertain to this Agreement,
that portion of the Agreement in conflict with said law or ordinance or resolution or court
interpretation of the law shall be null and void and subject to renegotiation. Notwithstanding the
provisions of this article, the parties agree that whenever a negotiated clause of the labor contract
is in conflict with the Civil Service Rules on the same subject, the provisions of the Labor
Contract will take precedence. 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(s).
Article 8
DISCIPLINARY PROCEDURE
8.1 Whenever a bargaining unit member is under investigation and subject to interrogation
by the City of Miami Police Department for any reason that could lead to disciplinary action,
demotion, or dismissal, such interrogation shall be conducted under the following conditions:
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A. The interrogation shall be conducted at a reasonable hour, preferably while the
bargaining unit member is on duty, unless the seriousness of the investigation is
of such degree that an immediate action is required. If the bargaining unit
member is off duty at the time of the interrogation, the bargaining unit member
shall be entitled to overtime.
B. If the interrogation is conducted by or for the Department, it shall take place in a
Miami Police Department Building. If the interrogation is to be conducted by or
for another investigating agency, it shall be conducted at either the investigative
agency's office or at a Miami Police Department Building.
C. Prior to any interrogation, the bargaining unit member shall be informed of the
rank, name and command of the officer in charge of the investigation, the
interrogating parry and all persons present during the interrogation. All questions
directed at the bargaining unit member shall be asked by and through one
interrogator.
D. The bargaining unit member who is the subject of the complaint shall be informed
of the nature of the investigation prior to any interrogation, and given the names
of all known complainants. The bargaining unit member shall have the
opportunity to review the complaint and any and all written or taped statements
from the complainant and witnesses immediately prior to the taking of the
bargaining unit member's formal statement when it is determined that the
investigation is strictly for administrative purposes. All sworn statements of
substantive witnesses shall be documented with the exception of those of a
confidential nature.
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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 bargaining unit member shall not be subjected to abusive or offensive
language or threatened with transfer, dismissal or other disciplinary actions. No
promise, reward or threat of action shall be made as an inducement to answering
any question.
G. The complete interrogation including when recesses are taken shall be recorded,
and there shall be no unrecorded questions or statements. Upon the request of the
bargaining unit member a copy of the recording of the interrogation session will
be made available to the interrogated officer no later than 72 hours, excluding
holidays and weekends following said interrogation. The bargaining unit member
must provide a blank tape for copying. Once the transcript of the interrogation
session is transcribed, the interrogated officer may request a written transcript of
his interrogation upon providing payment for same.
H. The bargaining unit member shall not be obligated to give a second statement
concerning the same facts elicited in an original interrogation. This will not
preclude an investigator from asking questions at a later time that were not
covered by the first statement. The bargaining unit member's interrogation will
take place after all other witness statements are taken, unless a situation occurs
such as:
1) After documented and concerted efforts to locate said witness a witness is
thought to be permanently unavailable,
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2) The necessity for taking other witness statements becomes apparent after the
interrogation of the bargaining unit member who is the subject of the
investigation, or
3) A supervisor in the normal course of case review makes a determination that
the case must be returned to the investigator for additional witness
interviews.
Should this occur, the bargaining unit member who is the subject of the
interrogation shall have the opportunity to present rebuttal evidence.
I. No mechanical device, including, but not limited to, polygraph, or psychological
stress evaluator, etc., shall be forced onto a bargaining unit member nor shall
disciplinary action be taken against a bargaining unit member who refuses to
submit to such testing. However, a bargaining unit member may request such a
test.
J. If the bargaining unit member is under arrest, or is a principal of a criminal
investigation and 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 bargaining unit member, he or she shall have the right to be
represented by one representative of his or her choice during the entire
interrogation.
L. Where an attorney or bargaining unit member representative is requested but
cannot be present within one (1) hour of notification, the bargaining unit member
shall be required to obtain another bargaining unit member representative or
counsel. When a bargaining unit member representative or counsel is present, he
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or she may advise the bargaining unit member as to the bargaining unit member's
rights under applicable rules, regulations and this Interim Agreement.
M. When a bargaining unit member is giving a statement as a witness, and during
that statement that said witness becomes a principal of that investigation, the
statement will be discontinued and the bargaining unit member will be advised he
may be a principal in said investigation. The bargaining unit member will then be
given the opportunity to suspend the statement to seek F.O.P. or other legal
representation.
8.2 Records retained by Internal Affairs shall be destroyed after a period of five (5) years
beyond either the bargaining unit member's termination date, retirement date, or unless
otherwise directed by state law.
Article 9
LINE OF DUTY INJURIES
9.1 The City agrees to pay all medical and hospitalization expenses (fee schedule) approved
by the City and incurred by a bargaining unit member covered by this Agreement who is found
to have sustained a compensable line -of -duty injury provided the bargaining unit member and/or
supervisor gives notice to Risk Management, or designated managed care provider as provided
for by the Workers' Compensation Laws of the State of Florida. However, the parties agree to
establish a Police Labor/Management Committee to establish policies and to determine how to
provide medical treatment and equipment, etc. medically equivalent to that prescribed, by the
most efficient and cost effective means to curtail excessive medical costs for accepted claims in
the following areas:
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Health Club and Country Club memberships
Capital improvements on the home
Transportation
Medical equipment for home use
The Police Management Committee shall consist of one member appointed by the FOP
Presidents, one member appointed by the Chief of Police, and one member selected by these two
individuals. An individual appointed by the Director of Risk Management will serve as a
technical advisor and liaison with the medical community.
Any additional medical and hospitalization requested outside the provisions of Chapter
440, Florida Statutes, will be considered on a case—by—case basis at the sole discretion of the
City. The decision to provide additional benefits will be based on: 1) whether the treatment is
deemed reasonable and medically necessary by a peer review physician of the City's choosing;
2) whether there is unrefuted evidence that shows the same or equivalent treatment cannot be
provided by a health care provider at Florida's Medical and Surgical fee schedule within fifty
(50) miles of the claimant's residence.
9.2 Effective as soon as administratively feasible after ratification, the parties agree the City
will pay the state mandated workers' compensation indemnity payments to eligible bargaining
unit members as a check separate from any other salary to which a bargaining unit member may
be entitled. The bargaining unit member agrees to sign this workers' compensation check back to
the City. The City will also issue a second check to the bargaining unit member which will
consist of an amount equal to the workers' compensation payment and the supplementary salary
as set out, and subject to the limitations below. After those deductions with mandated preference
under federal law, the City agrees to take deductions and/or credits from this second paycheck in
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the following order: workers' compensation (will be indicated on the check as a credit for the
City and will be non-taxable), pension, health insurance, and any other deductions. The parties
agree that this process is intended to provide the bargaining unit member with these paychecks
without interruptions.
Should the bargaining unit member refuse to return the workers' compensation check to
the City, the City shall cease making any deductions for the bargaining unit member from the
second check for pension, health insurance, etc. and the bargaining unit member shall then be
completely responsible for making those payments on his/her own, until the bargaining unit
member elects to participate in the paycheck system described above in Section 9.1.
9.3 Workers' Compensation Indemnity Benefits
The City agrees that any bargaining unit member covered under this contract who is
disabled as a result of an accident, injury or illness incurred in the line of duty shall be granted
workers' compensation indemnity benefits, subject to the following conditions.
To the extent required by and subject to the limitations specified in Chapter 440 of the
Florida Statutes, the City shall provide workers' compensation indemnity benefits to injured
employees. If an injured employee fails to report the accident, injury or illness within the time
required by Florida law, the City and its servicing agent, and/or workers' compensation carrier
shall not be responsible for providing any indemnity benefits.
9.4 Supplemental Salary
The City agrees that any bargaining unit member covered under this contract who is
disabled as a result of an accident, injury or illness incurred in the line of duty shall be granted
supplementary salary, subject to the following conditions:
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Supplementary salary will be paid in the form of a continuation of the bargaining unit
member's regular paycheck, as provided by Resolution No. 39802. This check will include
those indemnity payments provided for under Workers' Compensation Law. It is agreed by the
parties that the combination of supplemental and worker's compensation pay shall not exceed
nor be less than one hundred percent (100%) of the bargaining unit member's weekly net base
pay (excluding overtime and any pay supplements not included in the bargaining unit member's
base salary) prior to the line of duty injury, accident, or occupational disease.
Supplementary salary shall only be granted for a period of one hundred and fifty (150)
consecutive days from the date of injury. Said supplementary salary may be extended up to an
additional sixty (60) consecutive days for serious injuries upon approval of the City Manager or
his/her designee. The one hundred fifty (150) days begin when the bargaining unit member is
actually placed on "D". While the bargaining unit member is on "D", such time will be
calculated consecutively including days off. If the bargaining unit member is removed from
"D", the non "D" time will not apply to the one hundred fifty (150) day period.
If a bargaining unit member remains temporarily disabled beyond the period of time in
which he/she is entitled to collect the 100% supplementary pay benefits, he/she shall be entitled
to supplementary pay equal to the 2/3 "D" payments pursuant to current practice.
9.5 If a bargaining unit member becomes Permanently and Totality Disabled (PTD), as
determined by a City approved attending physician, from the further performance of the duties of
his/her classified position then at the end of one hundred four (104) weeks of disability, he/she is
considered to have reached statutory maximum medical improvement and is required to petition
the retirement board for retirement, otherwise he/she must:
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• Request for a ninety (90) day unpaid leave of absence under the Family Medical
Leave Act (FMLA);
• Apply for another City position;
• Resign;
• Be dismissed by Department Action
The supplementary salary of the difference of 2/3 "D" as described above shall continue until the
F.I.P.O. board concludes the hearing with a final determination.
A granted FMLA request will postpone any further action for the period taken up to its
statutory limitation. If the bargaining unit member has petitioned the retirement board for
retirement, the bargaining unit member will remain on their current status until the retirement
board has finally granted or denied the retirement.
If during the time of up to one hundred four (104) weeks of disability, it is determined by
the City or the bargaining unit member's City approved attending physician that the member is
not PTD nor full duty with reasonable accommodations, the bargaining unit member may request
to be allowed to work on a temporary basis. The request shall be made in writing and directed to
the City Manager or designee. Granting this request is based upon the medical restrictions
placed by his/her City approved attending physician and available assignments.
The Department at its discretion may maintain up to a total of ten (10) temporary non-
binding assignments for the sole purpose of mitigating an undue hardship on bargaining unit
member injured in the line of duty. These temporary positions will be filled by members,
according to sworn classification, on a first -in first -out basis upon completion of FIPO's Final
Determination Hearing. Once the 10 positions are filled, the next bargaining unit member to be
classified in this status in the respective category will bump out the bargaining unit member who
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has been occupying the position the longest. A bargaining unit member who is "bumped" out
must:
• Request for a ninety (90) day unpaid leave of absence under the FMLA;
• Apply for another City position;
a Resign;
• Be dismissed by Departmental action
A granted FMLA request will postpone any further action for the period taken up to its
statutory limitation.
Any bargaining unit member placed on "Limited Duty" status prior to January 1, 2007
and presently working in assignment shall be allowed to remain working in a limited duty
capacity until the bargaining unit member's employment terminates or the bargaining unit
member retires. However, if at any time the bargaining unit member returns to a disabled status,
he/she will not be permitted to return to a limited duty status. He/she may only be allowed to
return to work if full duty.
Upon assuming a disabled status, the bargaining unit member may continue receiving
benefits as stated in the above paragraph until the time limitations and or permitted benefits have
been exhausted. Afterwards, the member must:
• Request for a ninety (90) day unpaid leave of absence under the FMLA;
• Apply for another City position;
• Resign;
• Be dismissed by Departmental action
A granted FMLA request will postpone any further action for the period taken up to its
statutory limitation.
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Bargaining unit members that have been grandfathered are not considered part of the ten
(10) temporary positions described above.
9.6 At any time during his/her absence from duty claimed to be the result of a line of duty
injury while an bargaining unit member is collecting City supplementary pay, the bargaining unit
member shall be required, upon the request of the City Manager, or his/her designee, to submit to
a physical examination by a physician designated by the City Manager within fifteen days of the
request. If such bargaining unit member, without cause, as determined by the City Manager,
shall fail to submit to the examination at the time specified, all City supplementary salary
benefits will be terminated.
9.7 Deductions on Workers' Compensation Payments Plus Supplementary Salary
In the event the line of duty injury entitles the bargaining unit member to a workers'
compensation benefit and a supplementary benefit, the bargaining unit member shall authorize
the City to combine the two (2) payments and additionally authorize that the City continue to
make regular payroll deductions as follows:
1. First Level: Federal and State mandated deductions (for example, Medicare,
social security, withholding, and child support or garnishments).
2. Second Level: Pension contributions (the amount of the pension contribution shall
be based on earnable compensation as defined by Miami Code Section 40-191), medical and life
insurance contributions.
3. Third Level: A weekly amount of eighty eight dollars and ninety five cents
($88.95) (one hundred and seventy seven dollars and ninety cents ($177.90) bi-weekly) deducted
from supplementary salary while on workers' compensation. Should the bargaining unit member
receive supplementary and workers' compensation pay for less than a week, the eighty eight
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dollars and ninety five cents ($88.95) weekly deduction shall be prorated as appropriate for the
days the bargaining unit member was on workers' compensation.
4. All others voluntary deductions: The City is not obligated to make deductions to pay
for providers or creditors if the workers' compensation benefits plus the supplementary salary
does not cover the amount of the deduction. Any and all deductions after Level 91 will be made
on the bargaining unit member's behalf to the extent that sufficient funds are available. If there
are not sufficient funds available, the bargaining unit member will be responsible for making
those payments directly to those providers and creditors who would have otherwise been paid
through the payroll deduction process.
5. Without written consent for those deductions outlined above, the City will not make
any regular salary deductions other than those mandated by law and the bargaining unit member
will be responsible for all regular deductions including but not limited to pension contributions,
medical and life insurance benefits.
No supplementary salary will be paid to anyone injured while performing an act intended
to injure or hurt one's self or another.
9.8 The parties agree that where a bargaining unit member resides outside the jurisdictional
limits of the City of Miami and the said bargaining unit member is injured going to or coming
from work within a reasonable period of time from the commencement or termination of his/her
tour of duty on a reasonably direct route of travel, said accident may be considered as occurring
in the line of duty. This provision is not applicable if the bargaining unit member 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."
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Article 10
NOTICES
10.1 The City agrees to provide in a timely fashion to the F.O.P. President or designee the
following notices or bulletins: City Commission Agenda, Civilian Investigative Panel Agenda,
and Civil Service Board Agenda, Supervisors report of injury within one week of the incident
being reported or any other material which the City Manager or the Labor Relations/Deputy
Director, Department of Employee Relations determines would affect the terms and conditions
of employment of the bargaining unit members of the F.O.P. The F.O.P. President may, within
reason, request other materials, which would affect the terms and conditions of employment of
the bargaining unit members of the F.O.P., excluding exempt materials under the Public Records
Act.
10.2 Such notices and bulletins will be delivered to the F.O.P., or may be picked up at the
Department of Employee Relations, Division of Labor Relations during normal working hours.
Article 11
BULLETIN BOARDS
11.1 The City will provide for the sole use of the F.O.P. bulletin boards at the Central
Headquarters, 400 NW 2 Ave.; North District Substation, 1000 NW 62 St.; South District
Substation, 2200 W Flagler St.; Grapeland Park, 1701 NW 30 Avenue, and any other mutually
agreed upon location. Any notice or item placed on bulletin boards shall bear on its face the
legible designation of the person responsible for placing such notice or item on bulletin boards.
Notices placed on bulletin boards shall be limited to announcements of F.O.P. meetings,
elections, items dealing with terms and conditions of employment, and social or recreational
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events. Notices or announcements shall not contain anything political or reflecting adversely on
the City or any of its officials or employees; notices or announcements which violate the
provisions of this section shall not be posted.
Article 12
DEPARTMENT DISCIPLINARY REVIEW BOARD
12.1 It is the purpose of the Departmental Disciplinary Review Board to provide a method of
ascertaining the fairness and consistency of punitive action for infractions of the Departmental
Rules and Regulations, Departmental Orders and other Departmental Directives. A part of this
review process is the Departmental Disciplinary Review Board, which makes advisory
determinations and non-binding recommendations to the Chief of Police on matters of discipline.
Departmental actions against a bargaining unit member arising from a claim of fitness for duty or
workers' compensation shall not be reviewed by the Departmental Disciplinary Review Board or
the Departmental Disciplinary Review Board Chairperson. Any decisions by the Departmental
Disciplinary Review Board or any policies established by the Departmental Disciplinary Review
Board are not arbitrable under this Interim Agreement. The Departmental Disciplinary Review
Board does not possess adjudicators or quasi-judicial powers. As such, its hearings are non -
adversary in nature; the bargaining unit member appears before the Board voluntarily at his/her
request, the bargaining unit member shall be entitled to representation by a bargaining unit
member of his/her choice and shall be permitted to examine witnesses, to present evidence and
testimony, to cross-examine, and to put on a defense. All sworn bargaining unit members, 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
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submitted within ten (10) working days, be afforded a review of the recommended action by a
board composed of five (S) members of the Department, two (2) members selected by the
Department Head and three (3) members selected by the bargaining unit member from a standing
list.
12.2 Written disciplinary actions that result in loss of time not in excess of two (2) tours of
duty may be reviewed by the Chairperson of the Departmental Disciplinary Review Board if the
disciplined bargaining unit member requests a review within ten (10) working days, excluding
holidays, of the incident that gave rise to the disciplinary action. Upon receipt of the
Chairperson's decision, the disciplined bargaining unit member upon appeal within ten (10)
working days, excluding holidays, shall be afforded a Departmental Disciplinary Review Board
Hearing.
If the bargaining unit member is charged with a forfeiture of time such forfeiture shall
first be deducted from Compensatory leave followed by Vacation leave.
Exceptions to the above will be as follows:
a. If a bargaining unit member refuses to undergo controlled substance testing, the
member shall be on no pay status pending termination.
12.3 Since the Departmental Disciplinary Review is at the request of, and for the benefit of,
the bargaining unit member, 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
bargaining unit member will be working during the hours that the Board is convened.
12.4 It is agreed that the convening of the Departmental Disciplinary Review Board shall be
effectuated as expeditiously as possible following the written request of the accused bargaining
unit member. Should an accused bargaining unit member facing termination request to continue
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a hearing or delay it's convening, then it is agreed that the bargaining unit member shall waive
his emoluments in exchange for the continuance of the hearing. Continuance or delay of the
Departmental Disciplinary Review Board upon the bargaining unit member's request shall not
exceed 150 calendar days, unless in the sole discretion of management a further continuance of
the Department Disciplinary Review Board would be approved.
12.5 Administrative actions taken that result in the bargaining unit member being carried
"W" or "WW" shall not be subject to the review of the Department Disciplinary Review Board.
Article 13
RECALL AND COURT TIME
13.1 If a bargaining unit member is recalled to work he/she shall be paid from the time of
notification in accordance with Article 15, Overtime/Compensatory Time.
13.2 If a bargaining unit member is required to attend court or other proceeding arising out
of the course of his/her official duties at a time other than his scheduled work shift, he shall be
paid a minimum of three (3) hours at one and one-half times his/her straight time hourly rate or
an equivalent amount of scheduled compensatory time off.
13.3 A bargaining unit member performing work or required to attend court or any other
proceeding arising out of the course of his/her official duties at a time which is continuous with
his scheduled work shift shall be paid at his/her overtime rate consistent with Article 15,
Overtime/Compensatory Time, and the minimum three (3) hours Recall shall not apply.
13.4 A bargaining unit member eligible for overtime, attending court or other proceedings
arising out of the course of their official duties one (1) hour or less before the start of their
scheduled tour of duty shall receive one (1) hour of overtime.
13.5 A bargaining unit member eligible for overtime for attending court or other proceedings
arising out of the course of their official duties one (1) hour or less after the end of their
scheduled tour of duty shall be paid at their overtime rate, consistent with Article 15 -
Overtime/Compensatory Time for the time period starting from the end of the bargaining unit
member's work shift to the end of court or any other proceeding arising out of the course of
his/her official duties proceeding or for one (1) hour, whichever is greater.
13.6 A bargaining unit member who is required to attend court or any other official
proceeding arising out of the course of his/her official duties for a period which is greater than
one (1) hour and less than or equal to three (3) hours and one minute after the scheduled end of
his/her tour of duty, shall be paid at his overtime rate pursuant to Article 15,
Overtime/Compensatory Time, for either the three (3) hour minimum or for the number of hours
elapsed from the scheduled end of his/her tour of duty to the end of the court proceedings,
whichever is greater.
13.7 Bargaining unit members who are on authorized disability or sick leave, and are
obligated to have a physical prior to reporting for work, shall not receive call-in or overtime pay.
Article 14
TRANSFERS
14.1 It shall be the sole right of the Chief of Police to transfer bargaining unit members,
provided however, transfers cannot be made for punitive reasons. Bargaining unit members shall
be notified six (6) calendar days prior to transfer, except when, the nature of a particular situation
requires an immediate but temporary reassignment, or an employee returns to work on a
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limited/light duty status and the bargaining unit member's physical limitations preclude the
bargaining unit member from being assigned to his/her previous assignment.
14.2 A transfer means a change for more than five (5) consecutive working days, a change in
hours, or a change in days off. Specifically excluded from the six (6) day notification
requirement are temporary changes of hours or days off necessitated by special events (except
for the special events of Calle Ocho, Three King's Parade, Martin Luther King's Parade or any
draft event held on New Year's Eve), civil disturbances, acts of God, and other emergency
situations as determined by the Chief of Police. The six (6) days' notice shall be waived upon
consent of the bargaining unit member.
Article 15
OVERTIllIE/COMPENSATORY TIME
15.1 Bargaining unit members shall be paid one and one half (1 '/z) times their regular rate of
pay for all work performed in excess of a bargaining unit member's normal work day or in
excess of a bargaining unit member's normal work week, and shall be considered overtime work.
15.2 Bargaining unit members performing compensable overtime work shall, at their
discretion, be paid time and one-half (11/z) at their straight time hourly rate of pay or shall be
given compensatory time at the rate of time and one-half (1 %z) for such work. This overtime rate
shall be all-inclusive and no additional compensation in the form of additional holiday pay, etc.,
shall be paid.
15.3 The parties agree that the daily overtime requirements as set forth in this contract shall
not apply in any future FLSA litigation concerning a matter for which daily overtime is not
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currently paid or for off-duty maintenance of any take home equipment used in the scope of
employment. Practices instituted by management are not subject to the foregoing sentence.
15.4 The maximum accumulation of compensatory time hours is two hundred (200). Any
hours in excess of two hundred (200) will be paid out at current hourly rate. Bargaining unit
members are encouraged to request compensatory leave far in advance as possible. Request for
compensatory time must be made ten (10) days prior to the requested day(s). A maximum of
forty (40) compensatory time hours per month shall be authorized to be utilized when minimum
staffing cannot be maintained as determined by the Chief of Police or designee. A maximum of
ten (10) compensatory time hours shall be authorized to be utilized on Friday, Saturday, or
Sunday when minimum staffing cannot be maintained as determined by the Chief of Police or
designee. Compensatory time shall not be utilized in conjunction with vacation or training when
minimum staffing cannot be maintained as determined by the Chief of Police or designee. When
minimum staffing cannot be maintained as determined by the Chief of Police or designee, then
compensatory time shall not be utilized during the holidays listed in Article 20 — Holidays, or
during special events e.g., Halloween, Super Bowl, etc., when major deployment of personnel is
required. Requests submitted within ten (10) days prior to the requested day(s), may be granted
at the sole discretion of management pursuant to minimum staffing. When a bargaining unit
member takes compensatory time off, the hours in his bank shall be appropriately reduced by
such time off. If a bargaining unit member 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 the bargaining unit
member during the last pay period.
15.5 In the event, a state of emergency is declared due to an act of God, and the City
Manager grants emergency leave, such leave shall not be included in determining eligibility for
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overtime. The bargaining unit member utilizing such leave shall be paid straight time for those
hours worked in excess of their normal work day or in excess of their normal work week equal to
the number of hours taken as emergency leave, before overtime shall apply.
15.6 The parties agree that overtime hours shall not be used in the computation of arriving at
average earnings for purposes of establishing pension benefits.
15.7 The parties agree that assignments of overtime work shall rest solely with the Chief of
Police.
15.8 The parties agree that the assignment of overtime work is on an involuntary basis and
any bargaining unit member refusing assignment of such work is subject to disciplinary action as
deemed appropriate by the Chief of Police.
Article 16
5-8 WORK SCHEDULE
16.1 Bargaining unit members shall work five (5) days per week for eight (8) hours each day
as determined by the Chief of Police. Nothing shall preclude Management from deviating from
the 5-8 work schedules in the event of an emergency as determined by the City Manager or
designee.
Article 17
STANDBY
17.1 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 of the bargaining unit member's normal rate of pay with a minimum of three (3) hours.
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17.2 Standby is defined as receiving instructions from authorized personnel to remain at a
specific location for a stated period of time.
Article 18
WAGES
18.1 Detention Officers starting salary will be $38,800.11 a year.
18.2 Detention Officers shall receive a one time FDLE certification bonus of one thousand
six hundred forty eight dollars ($1,648) upon completion of probation, regardless when his/her
probation is completed. The FDLE certification bonus shall not be included in pension
calculations of average earnings.
18.3 Thereafter, Detention Officers shall be eligible for two and one-half percent (2.5%) step
increases every six (6) months through Step 16.
Newly hired Detention Officers shall complete two (2) months of satisfactory
performance in the Field Training Officer (F.T.O.) program. The period of probationary service
shall not be less than twelve (12) months nor more than eighteen (18) months, unless extended.
18.4 Any bargaining unit member, upon normal retirement from City service, or separating
under honorable conditions, as determined by the Chief of Police in his/her sole discretion, who
has served for a period of twenty-five (25) years or more, shall be granted, at the time of his/her
normal retirement or honorable separation one hundred seventy-three and three tenths (173.3)
hours of pay, provided such pay shall not be included in calculating a bargaining unit member's
average earnings for pension purposes.
18.5 Shift differential shall be paid for assigned work between the hours of 6:00 p.m. and
7:00 a.m. according to the following schedule:
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a) Detention Officers $.45 per hour
A bargaining unit member 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.
Shift differential shall not apply to pay for time not worked.
Shift differential shall not be used in calculating a bargaining unit member's average
earnings for pension purposes.
18.6 Bargaining unit members shall become eligible for a three percent (3%) longevity
increase after ten (10) years of service, and a two percent (2%) longevity increase after twelve
(12), fourteen (14), sixteen (16), eighteen (18), twenty (20), twenty two (22), and twenty four
(24) years of service based on their most recent date of hire as classified City of Miami
employee(s); provided, however, bargaining unit members shall not receive longevity increases
within twelve (12) months of receipt of a previous longevity increase or while in probationary
status. City service time as a part-time or temporary employee, including, but not limited to,
Public Service Aide shall not be included for purposes of determining eligibility for ten (10),
twelve (12), fourteen (14), sixteen (16), eighteen (18), twenty (20), twenty two (22), and twenty
four (24) year longevity increases.
18.7 All changes in salary because of promotion, demotion, merit step and/or longevity
increase, etc., shall begin to accrue the effective date of the change, but actual payment for the
same shall not be made until the first full pay period following the effective date of change.
18.8 Leaves of absence without pay, or suspensions of any duration, shall cause the effective
date of the merit increase to be deferred by the same number of work days equal to said leave.
18.9 Bargaining unit members who successfully obtain a college or university degree from
an accredited university in the United States will receive the following annual bonus for the
WE
single highest educational degree (prorated and paid on a bi-weekly basis) upon successful
completion of probation, regardless when his/her probation is completed:
a. Associates Degree- $1,200
b. Bachelorate Degree- $2,200
c. Masters Degree- $3,200
d. Juris Doctor, Ph.D, or Ed.D.- $4,200
It is the responsibility of the bargaining unit member to request for the degree bonus by
submitting a red line memorandum to the Director of Employee Relations, through channels,
accompanied by a certified true original of the college or university transcripts. The degree
bonus shall not be included in pension calculations of earnings.
Article 19
TOTAL AGREEMENT
19.1 The parties agree that this Collective Bargaining Agreement represents the total
agreement for terms and conditions of employment during the life of this contract and no request
shall be made to increase other bargaining unit member benefits through the Civil Service Board,
the Mayor, or the City Commission during the life of this Collective Bargaining Contract.
19.2 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 bargaining unit member
benefits not specifically provided for in this Collective Bargaining Agreement.
MI
Article 20
HOLIDAYS
20.1 The following days shall be considered holidays:
New Year's Day
President's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Dr. Martin Luther King's Birthday
20.2 Any additional holidays declared by official directive of the City Manager shall be
added to the above list.
20.3 Bargaining unit members performing work on any of the above holidays shall be paid
time and one-half (1'/z) of their straight time hourly rate or shall be given scheduled
compensatory time at the rate of time and half (1'/2) but such pay for a holiday worked shall not
be paid in addition to overtime pay.
20.4 All conditions and qualifications outlined in Article 15, titled "Overtime/Compensatory
Time," shall apply to this Article. Hours of earned time accumulated under this Article, when
added to the compensatory time earned under the Article titled "Overtime/Compensatory Time,"
shall not exceed two hundred (200). Those bargaining unit members who are assigned to
administrative positions shall observe holidays on the same dates as the civilian employees of the
City.
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Article 21
LEAVE BLANK
Article 22
UNIFORM ALLOTMENT
22.1 Upon ratification of the Interim Agreement by both parties commencing the first year
of service, bargaining unit members shall receive a uniform allotment of four (4) uniform
trousers/skirts, six (6) uniform shirts, and one (1) uniform hat for their first three (3) years, and
one allotment of shoes, leather, and web gear for the first year. Thereafter, every other year, they
shall receive a choice of four (4) uniform trousers/skirts, six (6) uniform shirts, and one (1)
uniform hat, or two (2) uniform trousers/skirts, two (2) uniform shirts, and one hundred and
fifteen dollars ($115) of leather and accessories. In the selection of leather accessories and/or
uniforms, the bargaining unit member will not be entitled to a credit or refund should such
selection not equal the dollar amount specified above.
22.2 All bargaining unit members, depending on assignment or exhibited need as determined
by the Chief of Police or designee, shall be furnished one (1) set of Class C uniforms, one (1) set
of rainwear, and one (1) winter jacket, which shall be replaced as needed. Upon request by a
bargaining unit member one (1) bulletproof vest shall be initially provided. A replacement
bulletproof vest shall be provided upon request by a bargaining unit member upon reaching
manufacturer's expiration date or through such police related actions that makes the vest no
longer safe for use as determined by the Chief of Police or designee. The bargaining unit
member is responsible for requesting the initial issue and any replacement.
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22.3 On a year when a bargaining unit member is not entitled to any uniform allotment,
he/she may request up to four (4) uniform trousers/skirts, six (6) uniform shirts, and one (1)
uniform hat for replacement of damaged uniform as determined by the Chief of Police or
designee, however, such replacement shall require the requesting party to turn in the uniform
he/she is requesting to be replaced.
22.4 The Chief of Police shall appoint a person to inspect and approve or reject all purchased
bulletproof vests. Bargaining unit members with less than five (5) years of service at the time of
separation shall return the vests to the City or bargaining unit members continuing their law
enforcement career with another agency may be allowed to purchase the vest at fifty percent
(50%) of cost. Upon separation of employment from the City under honorable conditions, a
bargaining unit member with five (5) years of service may retain his/her vest by making payment
of fifty ($50) dollars to the City. Similarly, bargaining unit members who separate from
employment under honorable conditions with ten (10) years of service shall be awarded his/her
vest upon request.
22.5 As determined by the Chief of Police or designee, bargaining unit members shall
reimburse the City for the repair or current replacement cost of lost, stolen, or damaged City
equipment when the bargaining unit member's careless and/or negligent act(s) resulted in loss,
theft, or damage. A city issued vehicle damaged by a bargaining unit member will follow the
Police Department Orders regarding City issued vehicle accidents. In any grievance of an action
taken under this section, the City shall bear the burden of proof.
22.6 Bargaining unit members assigned to administrative or non -operational assignments in
which the department provides uniform or alternative clothing shall not be entitled to a clothing
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allowance. All uniformed and non -uniformed assignments will be determined solely by the Chief
of Police.
Article 23
PREVAILING BENEFITS
23.1 All job benefits received after the execution of this Interim Agreement heretofore
authorized by the City Manager or benefits provided for by ordinance of the City Commission,
not specifically provided for or abridged by this Agreement, shall remain in full force and effect
for the duration of this Agreement.
23.2 The City and the F.O.P. 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 24
GROUP INSURANCE
24.1 The City agrees to pay six dollars and ninety-two cents ($6.92) per pay period toward
the cost of life insurance and accidental death and dismemberment coverage as currently enjoyed
by bargaining unit members. Life insurance and accidental death and dismemberment costs shall
not be considered in the total plan costs and payment shall be calculated separately from the 65%
contributions to the total plan cost.
24.2 Effective on or before August 1, 2007, the City shall contribute sixty five percent
(65%) of the total plan costs to the F.O.P. Health Trust. The F.O.P. plan participants shall
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contribute thirty five percent (35%) of the plan costs to the F.O.P. Health Trust. Total plan costs
shall be determined on an annual basis by sound accounting practices and projections from a
firm engaged by the F.O.P. Trust. The City reserves the right to conduct its own Actuarial and
plan review to evaluate plan management and to verify the projections submitted by the F.O.P.
Health Trust at no cost to the plan. Upon request, the F.O.P. Health Trust agrees to provide the
City's designee and/or benefit consultants with all pertinent plan projections, plan design, and
vendor arrangements. If there are any discrepancies between the findings of the City and the
plan's management and projections of the Trust's Actuary which cannot be resolved, a mutually
agreeable third parry Actuary shall review the findings from both parties and render a decision.
The decision of the third parry Actuary shall be final and binding with regard to the
determination. The third party Actuary will be a member of the Academy of Actuaries with the
designation of Member of the Academy of Actuaries Association (MAA.A) or a Fellow of the
Academy of Actuaries Association (FAAA). The cost of the third parry will be shown as a cost
to the F.O.P. Health Trust and the City will pay sixty five percent (65%) as part of the total plan
costs. To extend there is an impact on the Trust due to the "Government Accounting Standards
Board ("BASB") issued Statement No. 45 ("GASB"), such impact will be excluded from the
funding calculations for total plan cost as stated in the collection bargaining agreement.
The City reserves the right to request monthly claims reports for monitoring purposes
and to conduct a projection analysis and plan review should the F.O.P. Health Trust fund drop
below three million dollars ($3,000,000) at any time during the plan year in determining
contribution adjustments. Plan adjustments will be made no more than once a year and
implemented at the beginning of each calendar year.
M
Based on the agreed projected total plan costs, the City shall contribute sixty five
percent (65%) paid in equal bi-weekly amounts during the Plan year.
The F.O.P. agrees that the City Manager has the right to appoint a representative to act
as a non-voting member of the F.O.P. Health Trust Board to attend all regular and special
meetings, including, but not limited to meetings with regard to plan design, plan costs,
utilization, experience, and plan projection for upcoming plan years, and legal discussions
pertaining to the F.O.P. Health Trust that do not involve the City of Miami. The appointed
representative will sign a confidentiality agreement and follow the plan's rules and guidelines.
HIPAA certification is required by the City's designees to attend these meetings, therefore, the
F.O.P. agrees to provide such certification training.
24.3 If the total F.O.P. Health Trust fund drops below two million three hundred fifty
thousand dollars ($2,350,000) over the combined twelve (12) months of each of the Funds'
Fiscal Years; then the City agrees to reimburse the F.O.P. Health Trust for the difference
bringing the F.O.P. Health Trust fund balance up to the two million three hundred fifty thousand
dollar ($2,350,000) level. Should a reimbursement be necessary, the City shall pay the
difference to the F.O.P. Health Trust within thirty (30) days of receiving notice of the specified
Fiscal Year based on the Funds' financial statement and confirmed by the yearly audit and
adjusted accordingly.
For each Fiscal Plan Year, any claims older than three and one-half (3 1/2) months shall
not be charged as a debit to bring the total of the fund below the two million three hundred fifty
thousand dollar ($2,350,000) level. Delays in submitting claims caused by the review process
and the ordinary course of processing claims shall not be subject to the three and one-half (3 1/2)
month period.
41
Should the Fund level exceed five million ($5,000,000) dollars at the end of each Fund
fiscal year then the F.O.P. Health Trust's total plan costs for the upcoming plan year shall be
reduced by the excess amount over five million ($5,000,000) dollars.
The benefit levels of the F.O.P. Health Trust shall not be changed if such changes
would result in increased liability to the City in maintaining the two million three hundred fifty
thousand dollar ($2,350,000) level.
24.4 The F.O.P. shall maintain its own group health, life, and accidental death and
dismemberment insurance plan. All current, future, and retired sworn police bargaining unit
members shall be eligible to participate in the F.O.P.'s plan, but shall forfeit the right to
participate in the City's plan.
24.5 Upon request, the F.O.P. and its insurance plan administrator shall permit the City to
review any records related to the F.O.P.'s health insurance plan.
24.6 The F.O.P.'s plan shall provide health insurance benefits that are reasonably
comparable to those provided by the City's plan.
24.7 The F.O.P. shall indemnify, 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
F.O.P.'s health insurance plan.
24.8 The F.O.P. agrees to enroll sworn management personnel in its plan if those individuals
elect such coverage.
24.9 If there is a dissolution of the F.O.P. Health Trust, all plan participants under the
F.O.P. Health Trust will maintain the right to elect coverage under the City's current Health
Benefit Plan. Additionally, the final dissolution of the F.O.P. Health Trust and distribution of
42
any assets existing after all eligible claims are paid will be made jointly and agreed to by the City
of Miami and the F.O.P. Health Trust Administration.
Article 25
DUES CHECK OFF
25.1 The City agrees to deduct F.O.P. membership dues in an amount established by the
F.O.P. and certified in writing by an accredited F.O.P. Officer to the City from the pay of those
bargaining unit members in the bargaining unit who individually make such request on a written
check off authorization form provided by the City. Such deduction will be made by the City
when other payroll deductions are made and will begin with the pay for the first full pay period
following receipt of the authorization by the City.
25.2 The City shall remit deductions of dues during the week followring each biweekly pay
period to a duly authorized representative as designated in writing by the Union. The F.O.P.
shall remit to the City the amount of five hundred dollars ($500.00) per payroll year for
administrative cost. This amount shall be payable in full at the beginning of each payroll year.
25.3 In the event a bargaining unit member's salary earnings within any pay period, after
deductions for withholding, Social Security, retirement, group health insurance, and other
priority deductions, are not sufficient to cover dues it will be the responsibility of the F.O.P. to
collect its dues for that pay period directly from the bargaining unit member.
25.4 Deductions for the Union dues shall continue until either:
A. Revoked by the bargaining unit member by providing the City with thirty (30)
days' written notice that he is terminating the prior check off authorization,
B. The separation of employment of the authorizing bargaining unit member,
43
C. The transfer, promotion, demotion of the authorizing bargaining unit member
out of this bargaining unit,
D. The revocation or suspension of dues deduction as certified by the duly
authorized Union representative or,
E. The decertification of the F.O.P. as the bargaining unit.
25.5 The Union shall indemnify and hold the City, its officers, officials, agents and
employees harmless against any claim, demand, suit or liability (monetary or otherwise) and for
all legal fees and costs arising from any acts or omissions of the City, its officials, agents and
bargaining unit members in complying with this Article. The F.O.P. shall promptly refund to the
City any funds received in accordance with this Article that are in excess of the amount of dues
which the City has agreed to deduct.
25.6 This Article applies only to the deduction of membership dues and shall not apply to
the collection of any fines, penalties, or special assessments.
Article 26
F.O.P. TIME POOL
26.1 The City agrees to add four hundred (400) hours to the established FOP time pool bank
per fiscal year to be used in accordance with the provisions of this Article. All unused hours will
be carried over to the following fiscal year. Consequently, the FOP time pool will consist of
7,400 hours per fiscal year.
26.2 For each bargaining unit member, except the F.O.P. 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 bargaining unit member 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 bargaining unit member 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 shall then 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 bargaining unit member not
being paid for all such time requested.
26.3 Bargaining unit members 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 a bargaining unit member cannot be released at the time desired, the F.O.P. may
request an alternate bargaining unit member be released from duty during the desired time.
26.4 F.O.P. Time Pool hours will be used on an hour for hour basis, regardless of the hourly
rate of the bargaining unit member using Time Pool hours. In reporting a bargaining unit
member's absence as a result of utilizing the Organization Time Pool, the daily attendance record
shall reflect:
"Officer Doe on FOP" (F.O.P. Time Pool)
26.5 Any injury received or any accident incurred by a bargaining unit member whose time
is being paid for by the F.O.P. Time Pool, or while engaged in activities paid for by the F.O.P.
Time Pool, except the F.O.P. President and two designees when on full-time release 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/her employment by the City within the meaning of
Mi
Chapter 440, Florida Statutes as amended, except for injuries sustained in Miami -Dade, Broward
or Monroe Counties while in the course of attempting to halt a felony in progress or
apprehending a fleeing felon.
26.6 Upon written request through channels, the F.O.P. President and the two (2) designees
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 F.O.P.:
A. The F.O.P. President and the two (2) designees will reasonably be available at
the F.O.P. office currently located at 710 SW 12th Avenue, Miami, Florida,
3313, for consultation with the Management of the City.
B. The F.O.P. President and the two (2) designees shall be the only Bargaining
Unit representatives released to appear before City Boards or Commission.
Release for appearances before City Boards shall be on "F.O.P." time pool and
release for appearances before the City Commission shall be designated as
Administrative Leave (AL). In the absence of the President, the President's two
(2) designees may represent the F.O.P.; however, the designee must comply
with Section 26.2 of this Article.
C. The Time Pool will be charged for all hours during which the F.O.P. President
and the two (2) designees are on off-duty release except that absence due to use
of vacation leave, sick leave, holidays, or compensatory leave will be charged to
the President and designee's leave accounts.
26.7 All applicable rules, regulations and orders shall apply to any bargaining unit member
on time pool release. Violations of the above-mentioned rules, regulations and orders shall
46
subject the bargaining unit member on pool time to the regular disciplinary processes currently
provided for in the Miami Police Department.
26.8 The City reserves the right to rescind the provisions of this Article in the event any
portion of the Article is found to be illegal, but shall not preclude further negotiations of future
bargaining unit member pool time.
26.9 Members of the bargaining unit who are elected executive officials of the Fraternal
Order of Police shall be permitted to attend one meeting each month of the Fraternal Order of
Police without loss of pay subject to prior knowledge and approval of the Chief of Police. Pay
for elective officials who are on duty shall be charged against the F.O.P. Time Pool. The
monthly meetings shall be limited to two (2) hours and shall involve no more than eleven (11)
executive officials.
Article 27
DISCRIMINATION
27.1 No bargaining unit member covered by this Interim Agreement will be subjected to
discrimination with regard to any job benefits or other conditions of employment because of age,
race, religion, national origin, sex, disability, sexual orientation, or organization membership.
27.2 Any bargaining unit member as a condition of relying upon this contractual provision in
a grievance proceeding expressly and knowingly waives any further statutory or constitutional
right to sue based upon a similar claim.
47
Article 28
BEREAVEMENT LEAVE
28.1 Any bargaining unit member covered by this Interim Agreement may, in the case of
death in the immediate family, be authorized up to a maximum of forty (40) hours of paid leave.
Said paid leave time shall be utilized by the bargaining unit member within fourteen (14)
calendar days from the date of the immediate family member's death. The immediate family is
defined as father, mother, sister, brother, husband, wife, children, father-in-law, mother-in-law,
grandparents, spouse's grandparents, stepfather, stepmother and/or legal guardian as specified by
court documentation submitted to the Department of Employee Relations, Division of Labor
Relations. 'Within thirty (30) calendar days from the date the bargaining unit member returns
from a death in the family, the bargaining unit member will file a copy of the death certificate of
the deceased family member. Said death certificate will be attached to the form provided by the
City and submitted to the Department of Employee Relations. Failure to produce the death
certificate will result in the bargaining unit member reimbursing the City for any paid leave
taken under this Article. Any bargaining unit member found to have falsified his application for
a "K" day will be disciplined up to and including dismissal.
28.2 It is understood that under certain circumstances the bargaining unit member will be
unable to obtain a death certificate. In this event, in lieu of a death certificate, the bargaining
unit member shall submit a newspaper account showing the death and the relationship of the
deceased to the bargaining unit member and/or other appropriate criteria as deemed appropriate
by the Department of Employee Relations, Division of Labor Relations.
Article 29
COMMENDATION PAID LEAVE
29.1 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 bargaining unit member 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 as set forth in Article 6 of this Interim Agreement.
Article 30
FAMILY MEDICAL LEAVE AND LEAVE WITHOUT PAY
30.1 Bargaining unit members may request a leave of absence without pay in accordance
with the Family and Medical Leave Act of 1993 (FMLA), or the Miami -Dade County Family
Leave Ordinance.
30.2 Bargaining unit members may take FMLA leave of absence without pay not to exceed
ninety (90) days in a 12 (twelve) month rolling period for the birth or adoption of a child, to care
for an immediate family member with a serious health condition, or the bargaining unit
member's own serious health condition.
30.3 Upon approval of the Chief of Police, and the City Manager or his/her designee, a leave
of absence without pay, for a period not to exceed six (6) months, may be granted for the purpose
of a bargaining unit member entering upon a course of training or study directly related to the
bargaining unit member's job, expected to improve the quality of the bargaining unit member's
service to the City. Upon request, such leave of absence without pay may be extended for an
additional six (6) months upon the approval of the Chief of Police and the City Manager or
his/her designee.
Ez
Any bargaining unit member requesting leave of absence without pay under this
Section shall submit to the Chief of Police evidence of registration upon entering each
quarter/semester of school.
30.4 Upon approval of the Chief of Police, and the City Manager or his/her designee, a leave
of absence without pay may be granted for a period not to exceed ninety (90) days. Approval or
denial of said leave of absence without pay is at the sole discretion of the City Manager or
his/her designee and shall not be reviewable through the Grievance Procedure, including
arbitration, or appealable to Civil Service Board.
30.5 Bargaining unit members who desire to take a leave of absence without pay for any
reason specified in this Article, excluding serious health condition, must first use all accrued
vacation, sick and compensatory leave prior to taking a leave without pay. A bargaining unit
member requesting leave without pay for a serious health condition under the Family and
Medical Leave Act must first use all sick, vacation, and compensatory leave prior to taking leave
without pay.
30.6 Unless required by law, bargaining unit members who take a leave of absence without
pay pursuant to this Article shall not accrue seniority or leave time. At the expiration of a leave
of absence without pay, the bargaining unit member shall be returned to the position vacated
when said leave of absence without pay was granted unless otherwise prohibited by physical
limitations. Leave of absence without pay during the required probationary period of service
shall extend the probationary period equal to the length of time used during the said leave of
absence without pay.
30.7 The acceptance of another position or engaging in other employment by the bargaining
unit member while on a leave of absence without pay shall constitute an automatic voluntary
s0
resignation from the service of the City of Miami without right to review through the Grievance
Procedure, including arbitration, or by Civil Service, a court of law, administrative agency, other
governmental body or any other authority. Such resignation may only be appealed to the
Director of Employee Relations or designee who will meet with the F.O.P. President and if the
parties do not agree on rescinding the resignation, the resignation shall be final and binding as of
the date the employee accepted another position or engaged in other employment as described
herein.
Article 31
VACATION
31.1 Vacation shall be calculated on actual service in the previous calendar year and shall
only be taken after the completion of six (6) months of actual continuous service. If a bargaining
unit member is employed prior to the 15th of the month, it shall be considered as a full month of
service and count in prorating vacation. Crediting vacation shall occur in January of each year
and shall be calculated on actual service in the previous calendar year.
31.2 Bargaining unit members shall accrue vacation in accordance with the following
schedule:
1----- 5 years ---------------------------- 94 hours
6-----10 years --------------------------- 134 hours
11 --- 15 years --------------------------- 154 hours
16 ---20 years --------------------------- 174 hours
21 ---25 years --------------------------- 194 hours
26 ---and over--------------------------- 214 hours
Bargaining unit members who have twenty nine (29) years or more of service as of
January 1, 1999 shall continue to accrue by an additional four (4) hours per year.
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Bargaining unit members will not be credited with anniversary vacation.
31.3 Vacations shall be taken by the last payroll period of the calendar year in which the
vacation was credited. Bargaining unit members shall only be allowed to carryover two hundred
(200) hours of the previous year's credited vacation. Any excess vacation over the two hundred
(200) hour automatic carryover shall be forfeited as of the last payroll period of the calendar year
in which the vacation was credited. Bargaining unit members who were on disability at the time
of their scheduled vacation shall be paid for all excess vacation over two hundred (200) hours at
the rate of pay the bargaining unit member was earning at the time the bargaining unit member
was placed on disability. If a bargaining unit member is unable to take a previously authorized
vacation due to cancellation by his/her Department, any hours in excess of the two hundred (200)
hours which would have been forfeited shall be paid for at the bargaining unit member's January
1, hourly rate of pay, and any reasonable documented expenses incurred due to the cancellation
will be reimbursed to the bargaining unit member.
31.4 A bargaining unit member's annual vacation accrual shall be reduced for leaves of
absence without pay and suspensions. The bargaining unit member's annual vacation accrual
shall be reduced on a yearly basis in accordance with the following schedule;
Hours Without Pay Penalty
88
- 176
Hours
1
month
annual
vacation
accrual
177
- 349
Hours
2
months
annual
vacation
accrual
350
- 522
Hours
3
months
annual
vacation
accrual
523
- 695
Hours
4
months
annual
vacation
accrual
696
- 868
Hours
5
months
annual
vacation
accrual
869
- 1041
Hours
6
months
annual
vacation
accrual
1042
- 1214
Hours
7
months
annual
vacation
accrual
1215
- 1387
Hours
8
months
annual
vacation
accrual
1388
- 1560
Hours
9
months
annual
vacation
accrual
1561
- 1733
Hours
10
months
annual
vacation
accrual
1734
- 1906
Hours
11
months
annual
vacation
accrual
1907
- 2080
Hours
12
months
annual
vacation
accrual
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31.5 Vacation leave must be requested twenty-four (24) hours in advance of use and shall be
taken in increments of not less than one (1) hour. Vacation leave may be granted by the Police
Chief or designee on an emergency basis. Upon separation of the bargaining unit member from
City service the bargaining unit member shall be paid for all earned vacation at the bargaining
unit member's hourly rate.
31.6 Request for vacation payout shall be submitted to the Department of Employee
Relations, Division of Labor Relations for approval. Approval may be granted for emergencies
or extraordinary circumstances. Proper backup documentation shall be submitted with the
request for payment to the Labor Relations/Deputy Director, Department of Employee Relations
whose decision is final. Decisions of the Labor Relations/Deputy Director, Department of
Employee Relations are not appealable in any forum.
31.7 Vacation leave cannot be used in lieu of sick leave unless otherwise indicated in this
Interim Agreement.
31.8 Bargaining unit members who retire upon normal service retirement (Rule of 70 or Age
55) may, at their sole discretion, make an irrevocable election in the calendar year prior to the
calendar year in which the bargaining unit member severs service from the City of Miami to
convert any portion of their accumulated vacation time to sick time at the time of severance of
service.
Article 32
BLOOD DONORS
32.1 Bargaining unit members covered by this Interim Agreement who volunteer as blood
donors to contribute to City approved Blood Donor Organizations will be authorized the absence
53
necessary to accomplish this purpose. The Blood Donor Organization's personnel will determine
what amount of time the donor will need from the point of donation till they are released to go
back to work.
Article 33
SICK LEAVE
33.1 The parties agree that care and discretion shall be exercised by Management and the
F.O.P. in order to prevent the abuse of sick leave privileges. Absences for trivial reasons must
be discouraged. To determine the extent or reasons for a bargaining unit member's absence on
sick leave, the bargaining unit member's immediate supervisor or a Management designee may
visit the home of the bargaining unit member on sick leave with pay. In cases where
Management suspects that a bargaining unit member is malingering, sick leave with pay shall not
be granted.
33.2 Permanent bargaining unit members who are in pay status at least one hundred and
twenty (120) hours per month shall accrue up to eight (8) hours sick leave per month, to be
utilized in not less than one (1) hour increments.
33.3 Bargaining unit members in probationary status will accrue sick leave in accordance
with Section 33.2., however, no sick leave with pay will be granted during the employee's first
ninety (90) days of employment.
33.4 To receive sick leave with pay, a bargaining unit member must notify his/her
immediate supervisor or designated Police to Department personnel of illness at least fifteen (15)
minutes before the scheduled starting time of his/her shift. The bargaining unit member is
54
responsible for notifying a supervisor within his/her District/assignment each day he/she is out
ill, unless previously approved by a supervisor.
33.5 Any bargaining unit member absent on sick leave for more than three (3) consecutive
work days must report to the Department of Employee Relations and obtain approval before
returning to work.
33.6 Other banked leave time may be substituted for sick leave only when a bargaining unit
member has depleted all of his/her sick leave bank.
When a bargaining unit member has depleted all of his/her leave time balances and has
not been approved for Family Medical leave as outlined in Article 30 of this Interim Agreement,
he/she will be as follows:
— Illness without Pay
33.7 All bargaining unit members covered by this Interim Agreement may be allowed to use
up to eighty (80) hours of accrued sick leave in any one calendar year due to serious injury or
acute illness of any actual member of the bargaining unit member's immediate family. The
immediate family shall be defined as father, mother, sister, brother, husband, wife, children,
father-in-law, mother-in-law, grandparents, spouse's grandparents, stepfather and/or stepmother.
33.8 Bargaining unit members who have not utilized any sick leave and/or who have not
been on disability or in a leave without pay status for the full payroll calendar year shall receive
eight (8) hours of commendation paid leave.
33.9 Bargaining unit members covered by this Interim Agreement who exercise normal
retirement (excluding bargaining unit members who leave on vested rights) shall be paid for one
hundred percent (100°/x) of accumulated sick leave up to one thousand (1,000) hours and fifty
percent (50%) of accumulated sick leave above one thousand (1,000) hours.
55
33.10 Bargaining unit members with ten (10) or more years of service who terminate
employment with the City under honorable conditions shall receive a cash payment equal to one-
fourth (1/4) of their unused accumulated sick leave.
33.11 Bargaining unit members with fifteen (15) or more years of service who terminate
employment with the City under honorable conditions shall receive a cash payment equal to one-
half (1/2) of their unused accumulated sick leave.
33.12 When a bargaining unit member, in the face of termination by the Chief of Police/City
Manager, voluntarily resigns his/her employment, he/she shall be paid for accumulated sick
leave as above. Bargaining unit members who are terminated from employment, forfeit all sick
leave payout.
33.13 Payoff for accumulated sick leave shall not be used to calculate average earnings for
pension purposes.
33.14 When a bargaining unit member is unable to work due to an extended, non -work related
illness and the bargaining unit member's sick leave, earned time, and vacation time are fully
depleted, employees may donate credited vacation and/or earned time to the affected bargaining
unit member in increments of four (4) hours or more. Such time may only be donated by
employees whose hourly rate of pay is equal to or greater than that of the donee. Such donations
of time shall be submitted for approval to the Director of Employee Relations or designee on a
form to be provided by the City. Except as provided above, donations of leave time shall not be
authorized. Should there be extraordinary circumstances beyond what is contained in this
Article, a bargaining unit member may request consideration from the Director of Employee
Relations or designee for a time transfer. The Director of Employee Relations or designee
decision shall be final.
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33.15 Bargaining unit members who are eligible for retirement may, at their sole discretion,
make an irrevocable election in the calendar year prior to the calendar year in which the
bargaining unit member severs service with the City of Miami to convert any portion of their
accumulated sick time to vacation time at the time of severance of service. The conversion of
sick time to vacation time shall be at the rate of one hundred percent (100%) of accumulated sick
leave up to one thousand (1,000) hours and fifty percent (50%) of accumulated sick leave above
one thousand (1,000) hours.
33.16 Effective upon implementation of the Post Employment Health Plan, bargaining unit
members covered by this Interim Agreement shall have credited to their Post Employment
Health Plan account one hundred percent (100%) of accumulated sick leave up to one thousand
(1,000) hours* and fifty percent (50%) of accumulated sick leave above one thousand (1,000)
hours at time of severance of service with the Department, including any vacation converted
under Article 31, Section 31.9.*
*NOTE: Any vacation leave time balances that are converted to sick leave under Article 31 -
Vacation, Section 31.8 shall be added over and above the 1,000 hour limitations set forth in
Section 33.15.
Article 34
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
34.1 In an effort to identify and eliminate on or off duty controlled substance abuse and on
duty alcohol abuse, a bargaining unit member will be ordered to undergo a urinalysis/blood test
immediately upon notification as provided herein:
57
A. Following any vehicular accident occurring on -duty, on an off-duty detail, or
traveling to or from same, and/or involving bargaining unit member(s) while
driving a City vehicle or rented vehicle, where a staff level officer has reasonable
belief based upon objective factors that the involved bargaining unit member(s)
may be under the influence of alcohol or any controlled substance, unlawful,
mind -altering, or non -physician prescribed drugs.
B. Where a staff level officer has a reasonable belief, based upon objective factors
that a bargaining unit member is under the influence of any illegal drug or
controlled substance not prescribed for him/her by a licensed physician.
1) If the reasonable belief giving rise to the testing order arises while the
bargaining unit member is on duty, a reasonable effort shall be made to have
the test performed while he/she is still on duty or as soon thereafter as is
practical.
2) In the event that the reasonable belief arises while the bargaining unit
member is off duty and the bargaining unit member is not at the scene of an
accident, arrest, or other event he/she shall be directed to undergo a
urinalysis/blood test immediately unless there are compelling reasons to
wait until the next tour of duty or the next morning, whichever occurs first.
C. Where a staff level officer has a reasonable belief that a bargaining unit member
is under the influence of alcohol on duty, or off-duty, while driving a City vehicle
or rented City vehicle, or while covered for portal to portal pay for workers'
compensation.
34.2 Random Substance Screening
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A. Throughout each calendar year the City may conduct up to one thousand two
hundred and fifty (1,250) random substance screenings on members of the
bargaining unit. A bargaining unit member may be randomly selected no more
than two (2) times during each calendar year and notified that he/she must report
for testing.
B. Bargaining unit members selected for random substance screening shall report to
either a hospital or accredited testing laboratory, as chosen by the City. The
hospital or accredited testing laboratory shall include sufficient safeguards to
ensure that proper chain of custody procedures is enforced.
C. The following drugs or classes of drugs and cut off concentration levels shall be
applicable for determining whether specimens are negative or positive for the
initial or confirmation test. A positive result shall be a concentration in excess of
the following:
Initial Test Level (ng/ml) GUMS Level (ng/ml)
Cannabis (Marijuana) Metabolites 50 15
Cocaine Metabolites 300 150
Opiate Metabolites 2000 In accordance with levels
specified by Department of
Human Services Federal
Register, Part III, dated
April 13, 2004.
Phencyclidine 25 25
Amphetamines 1000 500
59
Methaqualone 300 150
Methadone 300 150
Propoxyphine 300 150
Tricyclic Antidepressants 300 150
Ketamine 251
Gamma-hydroxybutyrate 1502
Methylenedioxymethampetamine
(MDMA, Ecstacy) 300 150
(Additional drugs may be added to the list as dictated by applicable law
or upon mutual agreement of the parties.)
D. Bargaining unit members shall give either a blood sample (only to be used for
testing blood alcohol content), or a urine sample as directed by management, at
either a hospital or accredited testing lab, chosen by the City. During said test, the
bargaining unit member shall provide sufficient urine for the laboratory to secure
two (2) samples to be tested. The first sample will be used for the test and
confirmation of same. The reserved sample shall be tested.
E. Bargaining unit members may, upon request, have an F.O.P. representative
present on laboratory premises during the collection procedure, provided that the
test will not be postponed for more than thirty (30) minutes. A telephone call will
I The parties agree that whenever Federal and state "industry Standards" are established governing testing for
Ketamine and Gamma-hydroxybutyrate, the parties will comply with those established standards. Until such time as
Industry Standards are established, the parties agreed that a positive test result for the drugs Ketamine and Gamma-
hydroxybutyrate are described above.
2 See Footnote 1.
be made to the F.O.P. President advising of said pending test, but in no instance
will the thirty (30) minute waiting rule be waived.
F. Any test showing a "positive" result will be confirmed by the Gas
Chromatography/Mass Spectrometry (G.C.M.S.) method or other industry
standard method before administrative action is commenced, by testing the
second portion of the sample tested.
G. Pursuant to applicable law, a medical review officer (MRO) shall notify the
Bargaining unit members of a positive result. Notice to the bargaining unit
member of the test being positive shall be considered to have been served upon
the bargaining unit member by the MRO upon oral communication.
H. All chemical tests shall be conducted as soon as practical, preferably the same
day.
I. The F.O.P. will be advised of passed or failed tests to the extent that the releasing
of such data is not inconsistent with Federal or State laws regarding the privacy of
said test, unless the individual involved does not want the test results released to
F.O.P.
34.3 Where a bargaining unit member alleges that an order made under this section is not
consistent with the criteria cited herein, he shall comply with the order, and may simultaneously
file a protest with the communicator of the order. Disputes arising out of such protests shall be
arbitrable under Article 6 of this Agreement.
34.4 Refusal to comply with an order to submit to substance/alcohol screening will
constitute grounds for termination. The bargaining unit member refusing to be tested shall be
placed on leave without pay pending the final determination.
61
34.5 Any positive test for a controlled substance which is confirmed by G.C.M.S. or better
testing shall result in discipline up to and including dismissal. The bargaining unit member
refusing to be tested shall be placed on leave without pay pending the final determination.
34.6 Any positive test of alcohol which is confirmed shall result in discipline up to and
including dismissal. The bargaining unit member refusing to be tested shall be placed on leave
without pay pending the final determination.
Article 35
HEART BILL/PHYSICALS
35.1 Upon ratification of this collective bargaining agreement by both parties, bargaining unit
members who during the course of their employment with the City, demonstrate having any
condition or impairment of health caused by tuberculosis, heart disease, or hypertension resulting
in total or partial disability or death shall be presumed to have been accidental and to have been
suffered in the line of duty unless the contrary be shown by competent evidence. However, any
such bargaining unit member shall have successfully passed a physical examination upon
entering into service as law enforcement officer, which examination failed to reveal any evidence
of any such condition. Such presumption shall not apply to benefits payable under or granted in a
policy of life insurance or disability insurance, unless the insurer and insured have negotiated for
such additional benefits to be included in the policy contract.
35.2 This section shall be construed to authorize the City to negotiate policy contracts for life
and disability insurance to include accidental death benefits or double indemnity coverage which
shall include the presumption that any condition or impairment of health of any kind caused by
62
tuberculosis, heart disease, or hypertension resulting in total or partial disability or death was
accidental and suffered in the line of duty, unless the contrary be shown by competent evidence.
Article 36
SWORN DETENTION OFFICERS KILLED IN THE LINE OF DUTY
36.1 Any full-time Sworn Miami Police Detention Officer who is killed while in the
performance of his or her official duties or who subsequently dies from injuries within twelve
(12) months of the incident from his or her wounds shall be given a promotion to the rank of
Police Commander. Leave balances will be paid off at the hourly rate of the newly promoted
rank. The beneficiary of the deceased shall receive a sum of two hundred thousand dollars
($200,000) from the City of Miami upon said bargaining unit member's death. Application shall
be made to the Department of Employee Relations for payment of such death benefits.
Article 37
NON DUTY COURT APPEARANCE
37.1 Attendance in court in response to legal order or subpoena to appear and testify in
private litigation not in connection to bargaining unit member's official duty, but as an individual
shall be taken as vacation, compensatory leave, or leave of absence without pay. Attendance in
court in response to a subpoena to appear and testify in connection with a bargaining unit
member's official duty, including being called as a witness by the defense (excluding testimony
as a character witness) shall, if testimony is given while on duty be paid at the bargaining unit
member's straight hourly rate or, if testimony is given while off-duty be paid at one and one half
(1 1/2) times the bargaining unit member's straight time rate and considered overtime worked.
63
Article 38
LEAVE BLANK
Article 39
PENSION FOR DETENTION OFFICERS
39.1 The parties agreed that Detention Officers shall be part of the General
Employees' and Sanitation Employee's Retirement Trust (GESE). Effective upon ratification a
Deferred Retirement Option Plan (DROP) is hereby created. The DROP of the Retirement
System shall consist of a Forward DROP and Benefit Actuarially Calculated DROP
GENERAL PROVISIONS
A. Eligibility
1. Any bargaining unit member who has reached age fifty-five (55) with ten
(10) years of creditable service, or who has attained a combination of age plus years of creditable
service equal to seventy (70), shall be eligible to participate in the DROP.
B. Election to participate
1. Election to participate in DROP is irrevocable. Upon election of
participation in the DROP, by using forms and procedures as prescribed by the Board of
Trustees, a bargaining unit member's creditable service, early service or service retirement
benefits, and compensation calculation shall be frozen and shall be based on the single highest
year preceding participation in the DROP, as the basis of calculating the DROP payment. Upon
commencement of participation in the DROP, the bargaining unit member contribution and the
M.
City contribution to the Retirement System for that bargaining unit member shall cease as the
employee will be earning no further service credit. The bargaining unit member shall not acquire
additional pension credit for the purposes of the pension plan but may continue City employment
for up to a maximum of forty eight (48) months. DROP participants will be credited with the
GESE Retirement Trust cost of living adjustment (COLA) while they participate in DROP.
C. Maximum participation
1. The maximum period of participation in the DROP is forty eight (48)
months. Once the maximum participation has been achieved, the bargaining unit member must
terminate employment.
D. Creation of individual account
1. For each bargaining unit member electing participation in the DROP, an
individual account shall be created as of the date DROP participation commences.
E. Earnings on DROP account
The Board of Trustees of the Retirement System shall establish, by
administrative rule, a series of investment vehicles which may be chosen by participants in the
DROP. Any losses incurred on account of the option selected by the participant shall not be
made up by the City of Miami or the GESE trust fund, but any such loss shall be borne by the
participant only. Upon participation in the DROP, the bargaining unit member shall make a
selection of the earnings program on forms provided by the board. A bargaining unit member
may adjust his/her asset allocation periodically as determined by the Board. All earnings shall be
credited to the bargaining unit member's DROP account.
65
F. Distribution of DROP benefits
1. Upon conclusion of a period of participation in the DROP not to exceed
the maximum set forth in section C, the bargaining unit member shall terminate employment.
Upon termination of employment, a bargaining unit member may receive payment from the
DROP account in the following manner:
a. Lump sum distribution;
b. Periodic payments;
C. An annuity;
d. Rollover of the balance to another qualified retirement plan, IRA. or
Internal Revenue Code Section 457 Plan.
2. A bargaining unit member may defer payment until the latest date
authorized by Section 401(a)(9) of the Internal Revenue Code.
G. Disability or Death during DROP participation
1. Disability - A DROP participant shall not be entitled to receive an
ordinary or service disability retirement.
2. Death - In the case of the death of a DROP participant, there shall be no
accidental death benefit for pension purposes.
This article shall not affect any other death or disability benefits provided to
a bargaining unit member under federal law, state law, City ordinance, or this Interim
Agreement.
H. COLA participation
ZZ
I. Eligibility for cost of living adjustment (COLA) shall commence when a
bargaining unit member has reached the first anniversary of his/her retirement. When that occurs
the COLA shall be paid into the bargaining unit members DROP account in monthly installments
for the FORWARD DROP until a bargaining unit member has actually separated from
employment with the City and in lump sum to the bargaining unit member's DROP account for
the BACDROP participant upon separation from employment. For the purpose of complying
with Section H(2)(g) of the Second Amended Final Judgment in Gates, the bargaining unit's
"Date of Retirement" shall be for the FORWARD DROP the date the bargaining unit member
enters the DROP and for the BACDROP the date to which the bargaining unit member drops
back.
Any bargaining unit member who enters into a DROP agreement shall be
bound by the terms and conditions of that said agreement.
FORWARD DROP
A. The date of entry into the FORWARD DROP shall be the beginning of a
pay period. Payment shall be made by the retirement system into the bargaining unit member's
DROP account in an amount equal to the regular monthly retirement benefit which the
bargaining unit member would have received had the bargaining unit member separated from
service and commenced the receipt of benefits from the system. The amount of the monthly
benefit shall be determined based on the creditable service, average final compensation, and
retirement option selected in accordance with Section 40-255 of the Miami City Code. Upon
conclusion of a period of participation in the DROP not to exceed the maximum set forth in
Section 35.1 C, the bargaining unit member shall terminate employment with the City of Miami.
67
B. Election of a FORWARD Drop Program precludes participation in a
BACDROP Program.
BACDROP
A. Eligibility: Effective upon ratification of this Interim Agreement a
bargaining unit member may elect to BACDROP to a date no further back than the date of their
retirement eligibility date. The BACDROP period must be in twelve (12) month increments,
beginning at the start of a pay period, not to exceed twelve (12) months. Participation in the
BACDROP does not preclude participation in the FORWARD Drop program.
B. The benefits for purpose of the BACDROP will then be actuarially
calculated to be the equivalent to the benefit earned at the date of retirement. Said calculation
will consist of the present value of benefits being equal to the actuarially reduced benefit, plus a
lump sum with interest, as determined by the Pension Board's actuary. Bargaining unit member
contributions will not be returned for the period of time covered by the BACDROP Program.
C. Lump Sum. The lump sum as calculated by the Board's actuary will be
based on the assumed investment return of the fund without discount for mortality and deposited
into the newly created DROP account along with the COLA payments.
Article 40
BID PROCESSISENIORITY
40.1 Initially, all Detention Officers will be placed in their respective assignments as
determined by the Chief of Police. One full year after the commencement of the Detention
Officer position, the Chief of Police shall fill slots to non probationary Detention Officers. The
open slots will be filled through the regular bidding process.
Z.2
40.2 Thereafter, the Chief of Police shall determine what open slots will be staffed and bid.
When one or more vacant slots need to be filled, personnel may be temporarily assigned to cover
staffing needs. Temporary assignments will be for a period not to exceed twelve (12) months.
40.3 Seniority shall only be used in determining shift assignment, area, and in the
assignment of days off upon an opening occurring.
40.4 Seniority shall, for the purpose of this Article, be defined as date of permanent
detention officer classification excluding probationary (promotional and initial) and non -sworn
status. Where seniority by date of permanent detention officer classification is the same for two
or more detention officers then the most recent date of hire shall be utilized. In cases where a
former bargaining unit member has been rehired by the Department, the bargaining unit
member's most recent date of hire as a detention officer will be utilized. Where seniority by date
of hire is the same, then date and time of the employment application will be utilized. Leaves of
absence without pay or suspensions will reduce the Detention Officer's seniority by the amount
of time for such leave of absence or suspension.
40.5 Exceptions to the use of seniority as specified in 40.3 may occur in an emergency or
when special knowledge or skills are needed or as determined by the Chief of Police or the
Chief's designee.
Article 41
LEAVE BLANK
absence without pay or suspensions will reduce the Detention Officer's seniority by the amount
of time for such leave of absence or suspension.
40.5 Exceptions to the use of seniority as specified in 40.3 may occur in an emergency or
when special knowledge or skills are needed or as determined by the Chief of Police or the
Chief's designee.
Article 41
LEAVE BLANK
Article 42
TUITION REIMBURSEMENT
42.1 The tuition reimbursement program is designed to encourage bargaining unit members
to improve their job performance and increase their value to the City by pursuing courses of
study related to their job duties in accredited technical school, college or university and/or any
approved accredited on-line college/university in the United States where accreditation is
recognized by the United States Department of Education. Other educational programs may be
covered, provided the City and the F.O.P. mutually agree upon inclusion of the educational
program.
42.2 Any full-time bargaining unit member shall be eligible to participate in the Tuition
Reimbursement Program. Tuition reimbursement provided under this Article shall not be subject
to budgetary constraints.
42.3 All course work must be taken at or from an accredited college, university or
educational institution approved by the City Manager or the Department of Employee Relations
designee. Course work taken under provisions of this Article must be directly related to the
70
bargaining unit member's job duties. Class attendance will be on the bargaining unit member's
own time unless otherwise noted in the course announcement and authorized by the City
Manager or the Labor Relations/Deputy Director Department of Employee Relations.
42.4 Reimbursement will be limited to actual tuition costs up to a maximum of one thousand
dollars ($1,000) per calendar year. Books, housing, incidental fees, and all other fees and costs
related to the course work will not be reimbursed by the City.
42.5 To be eligible for reimbursement, the bargaining unit member must successfully
complete the course work and provide evidence of a grade of "C" or better to the City.
42.6 Procedures for reimbursement will be as follows:
A. The bargaining unit member must obtain three (3) copies of the Application for
Tuition Reimbursement form for each course from the Police Department or the
Employee Relations Department.
B. The bargaining unit member must complete the application in triplicate and
submit it to the Chief of Police prior to registration at the education institution.
C. The Chief of Police will review the application and if he/she approves, he/she will
forward the original and one copy to the Employee Relations Department. If the
application is disapproved, it will be returned to the bargaining unit member by
the Chief of Police.
D. The Director of Employee Relations or designee also has discretion and authority
to approve or disapprove the application, and applications not approved will be
returned to the Chief of Police with the reason for rejection noted thereon.
71
42.7 In the event the bargaining unit member resigns or is terminated from the City within
one (1) year following completion of the course(s) for which City funds were expended, the
amount of tuition reimbursement paid to the bargaining unit member will be reimbursed to the
City by the bargaining unit member upon his/her termination from the City through a deduction
from his/her final paycheck.
42.8 Upon completion of the course work, the bargaining unit member must submit his/her
semester grade report together with the tuition fee receipt to the Chief of Police. The Chief of
Police will submit the approved application for tuition reimbursement along with the bargaining
unit member's semester grade report to the Finance Department who shall then reimburse the
bargaining unit member for the City's share of the tuition reimbursement. The Chief of Police
will advise the Employee Relations Department of the bargaining unit member's satisfactory
completion of the course.
Article 43
POST EMPLOYMENT HEALTH PLAN
43.1 The parties agree that the F.O.P. will establish the Fraternal Order of Police, Lodge
#20, Post Employment Health Plan ("PEEP"), consistent with current IRS Rules and
Regulations.
43.2 Eligibility for membership, taxability, funding and administration of the PEHP, will be
as outlined in the PEHP Document.
43.3 The PEEP will establish individual accounts for each member in the PEHP.
72
43.4 Upon separation of service from the City all members will have their sick leave
balances calculated at their hourly rate of pay at time of separation and transferred to their PEHP
accounts.
43.5 Any losses, charges or expenses incurred by the participant in the PEHP will be bome
by the participant and shall not be made up by the City of Miami, the F.O.P. or the PEHP.
Article 44
LEAVE BLANK
Article 45
TERM OF INTERIM AGREEMENT
45.1 After a majority vote of those bargaining unit members voting on the question of
ratification and thereafter upon its ratification by an official resolution of the City Commission
ratifying the Agreement and authorizing the City Manager to sign the Agreement on behalf of
the City, then the Agreement, upon being signed by the appropriate F.O.P. representatives and
the City Manager, shall become effective upon ratification. The Agreement shall continue in full
force and effect until 11.59 p.m., September 30, 2010.
45.2 On or before April 1, 2010, the F.O.P. 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 articles which they desire to negotiate, together with
specific language embodying and describing their proposals. The changes indicated in the
proposals shall be designated by article numbers and/or section numbers with a strike through of
deleted language (sample) and new language will be underlined (sample).
73
45.3 On or before May 1, 2010, the City will present the F.O.P. with a list of proposals it
desires to negotiate, together with specific language describing its proposals. The changes
indicated in the proposals shall be designated by article numbers and/or section numbers with a
strike through of deleted language (sale) and new language will be underlined (sample).
45.4 Initial discussions shall thereafter, and no later than June 1, 2010, be entered into by the
City and the F.O.P.
45.5 If any provision of this Collective Bargaining Agreement is in conflict with any law,
ordinance or resolution over which the City Manager has no amendatory power, the City
Manager shall submit to the City Commission a proposed amendment to such law, ordinance or
resolution. Unless and until such amendment is enacted or adopted and becomes effective, the
conflicting provision of the Collective Bargaining Agreement shall not become effective. The
City Administration shall expedite such proposed amendments to the City Commission.
45.6 If a Constitutional Amendment is adopted which reduces the City's ability to acquire
revenue and causes the City Manager to deem necessary the under funding of this Agreement,
the parties shall promptly reopen negotiations on wages and monetary fringe benefits, pursuant
to the following representations:
A. The City hereby knowingly, intelligently and unequivocally waives its right not to
fund any year of this Agreement. The only exception to this waiver is in the case of a "true fiscal
emergency," which is unanticipated at this time.
B. In order for the City to establish a "true fiscal emergency" so as to lawfully not
fund any year or years of this Agreement, the City must demonstrate that there is no other
reasonable alternative means of appropriating monies to fund the Agreement for that year or
years.
FM
C. Notwithstanding any other article of this Collective Bargaining Agreement, the
City hereby specifically agrees that any disputes concerning the application or interpretation of
the funding of the contract will be resolved through the grievance arbitration procedure of this
Agreement.
D. If an arbitrator determines that the City has breached its funding requirements
under this Agreement, the parties jointly confer upon the arbitrator jurisdiction to order the City
to appropriate the necessary monies to fund the Agreement. This also applies to any
enforcement proceeding under Chapter 682, Florida Statutes.
This article applies to any status quo period following the expiration of this contract.
Agreed to this day of
2008 by and between the respective parties
through an authorized representative or representatives of the F.O.P. and by the City Manager.
ATTEST: FRATERNAL ORDER OF POLICE
WALTER E. HEADLEY, JR.
MIAMI LODGE NO. 20
ATTEST: ON THE PART OF THE CITY OF MIAMI,
MIAMI, FLORIDA
75
CITY CLERK
APPROVED AS TO FORM
AND CORRECTNESS
CITY ATTORNEY
76
APPENDIX A
Step
Detention Officer
l
$ 18.6539
$ 38,800.11
2
$ 19.1202
$ 39,770.02
3
$ 19.5982
$ 40,764.26
4
$ 20.0882
$ 41,783.46
5
$ 20.5904
$ 42,828.03
6
$ 21.1052
$ 43,898.82
7
$ 21.6328
$ 44,996.22
8
$ 22.1736
$ 46,121.09
9
$ 22.7279
$ 47,274.03
10
$ 23.2961
$ 48,455.89
11
$ 23.8785
$ 49,667.28
12
$ 24.4755
$ 50,909.04
13
$ 25.0874
$ 52,181.79
14
$ 25.7146
$ 53,486.37
15
$ 26.3575
$ 54,823.60
16
$ 27.0164
$ 56,194.11
10`h
year longevity
$ 27.8269
$ 57,879.95
l2th
year longevity
$ 28.3834
$ 59,037.47
14`n
year longevity
$ 28.9511
$ 60,218.29
16`h
year longevity
$ 29.5301
$ 61,422.61
18 th
year longevity
$ 30.1207
$ 62,651.06
20`h
year longevity
$ 30.7231
$ 63,904.05
22"d
year longevity
$ 31.3376
$ 65,182.21
24'hyear
longevity
$ 31.9644
$ 66,485.95
77
INDEX
ARTICLE PAGE
5-8 Work Schedule....................................................................................................................................................................32
InterimAgreement.......................................................................................................................................................................
l
BereavementLeave...................................................................................................................................................................48
BidProcess/Seniority.................................................................................................................................................................68
BloodDonors.............................................................................................................................................................................53
BulletinBoards..........................................................................................................................................................................25
CommendationPaid Leave........................................................................................................................................................49
DepartmentDisciplinary Review Board....................................................................................................................................26
DisciplinaryProcedure..............................................................................................................................................................13
Discrimination...........................................................................................................................................................................47
DuesCheck Off.........................................................................................................................................................................43
F.O.P. Time Pool.......................................................................................................................................................................44
Family Medical Leave and Leave Without Pay.........................................................................................................................49
GrievanceProcedure....................................................................................................................................................................7
GroupInsurance.........................................................................................................................................................................39
HeartBill/Physicals...................................................................................................................................................................62
Holidays.....................................................................................................................................................................................
36
Lineof Duty Injuries.................................................................................................................................................................17
ManagementRights.....................................................................................................................................................................5
NoStrike......................................................................................................................................................................................6
NonDuty Court Appearance.....................................................................................................................................................63
Notices.......................................................................................................................................................................................25
Overtime/Compensatory Time..................................................................................................................................................30
Pension.......................................................................................................................................................................................
64
PostEmployment Health Plan.. .................................................................................................................................................
72
Preamble......................................................................................................................................................................................1
PrevailingBenefits.....................................................................................................................................................................39
Recalland Court Time...............................................................................................................................................................28
Recognition..................................................................................................................................................................................
2
Representationof the City ...........................................................................................................................................................3
Representationof the F.O.P.........................................................................................................................................................3
Rulesof Construction.................................................................................................................................................
13
Sick Leave .............. ......54
Standby......................................................................................................................................................................................32
Substance/Alcohol — Personnel Screening.................................................................................................................................57
Sworn Detention Officers Killed In the Line of Duty ................................................................................................................63
Tableof Contents..........................................................................................................................................................................
i
Termof Interim Agreement.......................................................................................................................................................
73
TotalAgreement........................................................................................................................................................................35
Transfers....................................................................................................................................................................................29
TuitionReimbursement.............................................................................................................................................................70
UniformAllotment....................................................................................................................................................................37
Vacation.....................................................................................................................................................................................
51
Wages........................................................................................................................................................................................33
78