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HomeMy WebLinkAboutexhibitAGREEMENT. BETWEEN CITY OF MIAMI, MIAMI, FLORIDA AND FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20 OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005 TABLE OF CONTENTS ARTICLE P,A.GE Agreement 1 Preamble 1 Article 1 Recognition 1 Article 2 Representation of the City 2 Article 3 Representation of the F.O.P 3 Article 4 Management Rights 4 Article 5 No Strike 5 Article 6 Grievance Procedure 7 Article 7 Rules of Construction 12 Article 8 Disciplinary Procedure ,... 13 Article 9 Line of Duty Injuries 17 Article 10 Notices 21 Article 11 Bulletin Boards 21 Article 12 Department Disciplinary Review Board 22 Article 13 Recall and Court Time 24 Article 14 Transfers 25 Article 15 Overtime/Compensatory Time 26 Article 16 4-10 Work Schedule .. 28 Article 17 Standby 29 Article 18 Wages 29 Article 19 Total Agreement 38 Article 20 Holidays 38 Article 21 Earned Personal Leave (Floating Holiday) 39 Article 22 Uniform/Clothing Allowance 40 Article 23 Prevailing Benefits 43 Article 24 Group Insurance .. 43 Article 25 Dues Check Off . 46 Article 26 F.O.P. Time Pool 47 Article 27 Discrimination 50 Article 28 Bereavement Leave 50 Article 29 Commendation Paid Leave 51 Article 30 Family Medical Leave and Leave Without Pay 52 Article 31 Vacation 54 Article 32 Blood Donors 56 Article 33 Sick Leave 57 Article 34 Substance/Alcohol - Personnel Screening 61 Article 35 Heart Bill •... 65 Article 36 Sworn Officers Killed in the Line of Duty 67 Article 37 Non Duty Court Appearance • 67 Article 38 Residency •". 68 Article 39 Pension 68 Article 40 Bid Process/Seniority 73 Article 41 Vehicle Program 74 Article 42 Tuition Reimbursement 77 Article 43 Post Employment Health Plan 80 Article 44 Term of Agreement 80 Appendix "A" 84 Index 85 AGREEMENT THIS AGREEMENT is entered into this of , 2005 by the CITY OF MIAMI, FLORIDA, a municipal corporation, hereinafter referred to as the "City," and the FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20, hereinafter referred to as the "F.O.P.," an organization representing certain sworn police employees of the City of Miami's Police Department. PREAMBLE WHEREAS, it is the intention of the parties to this Agreement to set forth the entire Agreement of the parties with respect to matters within the scope of negotiations; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do mutually covenant and agree as follows: Article 1 RECOGNITION 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. 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 -1- 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 Class Title 5005 Officer 5006 Motor Officer 5011 Sergeant 5012 Lieutenant 5013 Captain 5014 Motor Sergeant 5015 Motor Lieutenant 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 an Agreement. Any negotiations entered into with persons other than those defined herein, regardless of their position or association with the City, shall be deemed unauthorized and shall have no standing or weight of authority in committing or in any way obligating the City. It shall be the obligation of the City Manager, or his designated representative to notify the F.O.P. in writing of any changes in designation of the City's representative for the purposes of negotiations. -2- 2.2 For the purpose of this Agreement, reference(s) to the Chief of Police shall include his/her designee. Article 3 REPRESENTATION OF THE F.O.P. 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 1�. Such designation shall be accompanied by an affidavit executed by said President that the F.O.P. has complied with all requirements of 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 Agreement on behalf of the F.O.P., 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 (2) shall be compensated by the Time Pool consistent with the provisions of Article 26. The seven -3- 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. Article 4 MANAGEMENT RIGHTS 4.1 The F.O.P. agrees that the City has and will continue to retain, whether exercised or not, the right to operate and manage its affairs in all respects; and the powers or authority which the. City has not officially abridged, delegated or modified by the express provisions of this Agreement are retained by the City. The rights of the City, through its management officials, shall include, but shall not be limited to, the right to determine the organization of City Government; to determine the purpose of each of its constituent departments; to exercise control and discretion over the organization and efficiency of operations of the City; to set standards for service to be offered to the public; to direct the bargaining unit members of the City, including the right to assign work and overtime; to hire, examine, classify, promote, train, transfer, assign, and schedule bargaining unit members in positions with the City; 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 job pay -4- positions; to change or eliminate existing methods of operation, equipment or facilities; and to establish, implement and maintain an effective internal security program. 4.2 Sworn police will be promoted to civil service ranks based upon the rule of one, except promotions may be denied or delayed for cause. The following is declared to be cause for denying or delaying a promotion: A bargaining unit member who at the time of the promotion is under investigation for unlawful or unethical acts by any law enforcement agency or the City's Police Internal Affairs Unit, If a bargaining unit member has a promotion delayed for cause and is later cleared, he/she shall be promoted retroactive as if the event had not occurred. 4.3 The City has the sole authority to determine the purpose and mission of the City, to prepare and submit budgets to be adopted by the City Commission. 4.4 The City shall enforce and comply with the provisions of the Agreement so as not to violate existing law. 4.5 Those inherent managerial functions, prerogatives and policy making rights which the City has not expressly modified or restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the Grievance Procedure contained herein. 4.6 Delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance to the City of Miami, Such achievement is recognized to be a mutual obligation of both parties within their respective roles and responsibilities. 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 -5- 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 condom; any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any other interruption of the operations of the City. 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. -6- Article 6 GRIEVANCE PROCEDURE 6.1 In a mutual effort to provide harmonious working relations between the parties of this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances or misunderstandings between the parties arising from the application or interpretation of this Agreement. 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 account of or concerning the meaning, interpretation or application of this Agreement or any terms or provisions thereof. A grievance shall refer to the specific provision or provisions of this Agreement alleged to have been violated. Any grievance not conforming to the provisions of this paragraph or that contains non -identification of specific violations of the 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 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 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 Relation,;, -7- 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 Agreement or process the grievance, appeal or administrative action before a governmental board, agency or court proceeding. Selection of redress other than through the Grievance Procedure contained herein shall preclude the aggrieved party or parties from utilizing said Grievance Procedure for adjustment of said grievance. 6.5 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 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 provided above or not supplemented by a completed and signed Election of Remedy form shall be considered conclusively abandoned. Any grievance not answered by management within the time limits provided will automatically advance to the next higher step of the Grievance Procedure. Where a grievance is general in nature in that it applies to a number of 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. -8- 6.6 Only a bargaining unit member who has permanent Civil Service status as a sworn. Police Officer in the Miami Police Department may appeal a suspension, demotion, or dismissal through the grievance procedure contained in this Agreement or in accordance with the appeal procedure of the Civil Service Rules, but not both. Such grievances shall be filed at Step x 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: Step 1. Step 2. 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 provided for 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 the remedy other than the Grievance Procedure contained herein, the grievance shall be withdrawn for redress consistent with the Election of Remedy form. -9- Step 3. Step 4. 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 his designee within five (5) working days from the time the response was given at Step 1. The Department Head or his designee shall meet with the 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. If the grievance has not been 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 Labor Relations/Deputy Director, Department of Employee Relations shall hold a grievance hearing with the bargaining unit member and/or the F.O.P. representative. The City Manager and/or the Labor Relations/Deputy Director, Department of Employee Relations 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, it may upon written request of either the Bargaining unit member, Employee Organization or the City within seven (7) working days after receipt of reply or answer be referred to arbitration by the Arbitrator. -10- 2. The arbitration shall be conducted under the rules set forth in this Agreement and not under the rules of the American Arbitration Association. Subject to the following, the Arbitrator shall have jurisdiction and authority to decide a grievance as defined in this Agreement. The Arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement, or any part thereof, or any amendment hereto. The Arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement, or which is not covered by this Agreement; nor shall this Collective Bargaining Agreement be construed by the Arbitrator to supersede any applicable laws. 3. It is contemplated that the City and the 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 party 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 (BIZ) of the expenses of the hearing with the arbitrator before the hearing may be scheduled. The party desiring a transcript of the hearing will bear the cost of same. -11- 5. Copies of the award of the arbitration made in accordance with the jurisdiction or authority under this Agreement shall be furnished to both parties within thirty (30) days of the hearing and shall be final and binding on the aggrieved 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. 6.9 Effective upon ratification of the labor agreement, 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. 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 -12- 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: 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 party and all persons present during the interrogation. All questions directed at the bargaining unit member shall be asked by and through one interrogator. -13- 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. 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. -14- 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 have been 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, 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 witnes5> 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, etal., 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. -15- 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 or she may advise the bargaining unit member as to the bargaining unit .member' s rights under applicable rules, regulations and the current Labor Agreement. M. When a bargaining unit member is giving a statement as a witness, and during that statement that said witness has become 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. -1 6- Article 9 LINE OF DUTY INJURIES 9.1 The City agrees to pay all medical and hospitalization expenses 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/Fire Labor/Management Committee to establish policies and to determine how to provide medical treatment and equipment, etc. medically equivalent to that prescribed, by the rnost efficient and cost effective means to curtail excessive medical costs for accepted claims in the following areas: Health Club and Country Club memberships Capital improvements on the home Transportation Medical equipment for home use The Police/Fire Labor/Management Committee shall consist of one member appointed by both the IAFF and FOP Presidents, one member appointed by both the Fire Chief and Chief of Police, and one member selected by these four individuals. An individual appointed by the Director of Risk Management will serve as a technical advisor and liaison with the medical community. 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 -17- 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 the following order: workers' compensation {win 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 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: Supplementary salary will be paid in the form of a continuation of the bargaining unit member's regular paycheck, of which a part thereof is Workers' Compensation pay, as provided by Resolution No. 39802. Pursuant to the above manner of payment the City will meet its obligations to the state and to the bargaining unit member and the bargaining unit member will avoid creating a debt to the City for pension, health insurance, or other deductions. If the City is unable to implement this program as set out above, the parties agree to meet to devise another system that will accomplish the same goals. Supplementary salary shall only be granted for a period of one hundred and fifty (150) days. -18- Said supplementary salary may be extended up to an additional sixty (60) days for serious injuries upon approval of the City Manager or his/her designee. Effective upon ratification of the labor contract bargaining unit members who receive supplementary and worker's compensation pay, shall have a weekly amount of eighty eight dollars and ninety five cents ($88.95) (one hundred and seventy seven dollars and ninety cents ($177.90) biweekly) deducted from supplementary salary while on worker's compensation. Should the bargaining unit member receive supplementary and worker's compensation pay for less than a week, the eighty eight dollars and ninety five cents ($88.95) weekly deduction shall be prorated as appropriate for the days the bargaining unit member was on worker's compensation. No supplementary salary will be paid to anyone injured while performing an act intended to injure or hurt one's self or another. Supplementary salary shall only be granted for a period of one hundred and fifty (150) consecutive days from 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 and the Police Chief. 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, "R" days, etc. If the bargaining unit member is removed from "D", the non-"D" time will not apply to the one hundred fifty (150) day period. It is agreed by the parties that the combination of supplementary 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 -19- included in the bargaining unit member's base salary) prior to the line of duty injury, accident, or occupational disease, 9.4 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 totally incapacitated from the further performance of the duties of his/her classified position he/she shall petition the retirement board for retirement. The supplementary salary of the difference of 2/3 "D" as described above shall continue until the retirement is finally granted or denied. This section shall not be construed to modify the bargaining unit member's rights under the current pension ordinance. 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 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 -20- with reckless driving and/or driving under the influence in violation of the provisions of Chapter 316 of the Florida Statutes entitled "State Uniform Traffic Control." Article 10 NOTICES 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., 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 -21- of employment, and social or recreational 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 Collective Bargaining 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 evidence and testimony, to cross-examine, and to put on a defense. All sworn bargaining un:it 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 submitted within ten (10) working days, be afforded a review of the recommended -22- action by a board composed of five (5) members of the Department, two (2) members selected by the Department Head and three (3) members selected by the 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 a hearing or delay it's convening, then it is agreed that the bargaining unit member shall waive -23- 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 -24- 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 between any subsections of the organization as the exigency of the situation dictates provided, however, transfers cannot be made for punitive reasons. Bargaining unit members shall be notified six (6) calendar days prior to the transfer, except where the nature of a particular situation requires an immediate but temporary reassignment or when returning to work on a limited/light duty status and the bargaining unit member's physical limitations preclude the bargaining unit member from being assigned to their previous assignment. -25- 14.2 For the purposes of this Agreement, a transfer means a change for more than five (5) consecutive working days of a work assignment, a change in hours, or a change in days off. Specifically excluded from the six (6) day notification period are temporary changes of hours or days off necessitated by special events (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. The six (6) days' notice shall be waived upon consent of the -bargaining unit member. Article 15 OVERTIME/COMPENSATORY TIME 15.1 Bargaining unit members shall be paid one and one half (1 '/�) 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 (1 %) at their straight time hourly rate of pay or shall be given compensatory time at the rate of time and one-half (11/2) 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 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 -26- 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 Fridays, Saturdays, or Sundays 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 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. -27- 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 4-10 WORK SCHEDULE 16.1 Those operations currently working a four (4) day, ten (10) hour work schedule will continue through the life of this Agreement. Bargaining unit members working in the following units will, effective upon ratification of this agreement, be placed on a 4-10 Work Schedule: A Court Liaison 1 Planning and Research 3 CATE Officers B Training K Community Affairs L Inspections C Property M Special Events N VIP/Forfeiture D Alarms 0 NRO's Bargaining unit members at the rank of Captain will not be entitled to work a 4-10 Work Schedule. 16.2 Should the Chief of Police determine the 4-10 Work Schedule in its entirety or in part is detrimental to the efficient operation of the Department, he may discontinue all or that portion of the 4-10 Work Schedule deemed to be inefficient after reviewing his reasons with the President of the Fraternal Order of Police, Lodge No. 20. Should there be a disagreement as to the discontinuance of the 4-10 Work Schedule, the F.O.P. may grieve according to the provisions of Article 6, Grievance Procedure. Discontinuance of the 4-10 Work Schedule may not occur unless the parties agree or an Arbitrator so rules. Nothing shall preclude Management frorn -28- implementing a 4-10 Work Schedule in those divisions deemed necessary by the chief on a temporary or emergency basis not to exceed thirty (30) working days. Such temporary or emergency 4-10 Work Schedule shall not preclude Management ending such assignments when Management determines the 4-10 Work Schedule is no longer necessary. 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. 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 Effective October 1, 2004, the salary range for police officer, police officer motor, police sergeant, police sergeant motor, police lieutenant, police lieutenant motor, police captain and police recruit will be increased by four and one half percent (4.5%). 18.2 Effective upon ratification of the labor agreement, all sworn non -probationary certified bargaining unit members will receive a one time FDLE certification bonus of one thousand six hundred forty eight dollars ($1,648). A one time FDLE certification bonus of one thousand six hundred forty eight dollars ($1,648) is to be provided to probationary employees upon completion of probation regardless when his/her probation ends. The FDLE certification bonus shall not be included in pension calculations of average earnings. -29- 18.3 All new hires in the classification of Police Officer will be paid five percent (5%) per month less than Step 1 of the salary range of the classification of Police Officer until they have satisfactorily completed six (6) months of the police academy and passed the state certification exam. Thereafter, bargaining unit members in the classification of Police Officer shall be eligible to be increased to Step 1 through Step 7. The period of probationary service shall not be less than eighteen (18) months nor more than twenty-four (24) months, unless extended by the department. Bargaining unit members hired directly as certified Police Officers with or without prior law enforcement experience or sworn bargaining unit members hired from other police agencies as sworn City of Miami Police Officers and without being required to attend the academy shall be placed at the following pay steps commensurate with their experience: 0 — 2 years experience Step 1 2 — 4 years experience Step 2 4 — 6 years experience - Step 3 6 years or more experience - Step 4 Current bargaining unit members who meet the above criteria and whose pay is below the above formula will have their steps immediately adjusted accordingly. Current bargaining unit members who are still on probation will be eligible to adjust their probation as stated above. Such bargaining unit members shall complete six (6) months of satisfactory performance in the F.T.O. program, which includes four (4) months riding in full -duty status with satisfactory performance. The period of probationary service shall not be less than twelve (12) months nor more than eighteen (18) months, unless extended by the department. -30- 18.4 Bargaining unit members hired on or before October 31, 1994, shall upon retirement (all kinds, including vesting), receive a retroactive salary increase of five percent (5%) for the bargaining unit member's last or highest one (1) year's salary. The five percent (5%) salary increase shall be reflected in the hourly pay rate for the purpose of calculating leave balance payoffs. The five percent (5%) salary increase shall not be applicable to overtime. 18.5 Any City of Miami employee, unless a former police bargaining unit member as specified in 18.6, that transfers or is hired as a police officer into the Police Department as a uniformed bargaining unit member shall be placed at a step in accordance with Section 18.3 and shall serve a probationary period as specified in Section 18.3 above. 18.6 Former police bargaining unit members who left the employment of the Police Department under honorable conditions and who have been approved by the Police Chief shall be placed on a reemployment list provided the former police officer is a State certified police officer. The reemployment list shall be considered separate from the eligibility list for new hires. Those on the rehire list may be hired by the Police Chief at his/her sole discretion as openings occur without regard to the eligibility list for new hires. In addition the following shall apply: A. Eligibility shall be limited to three (3) years following the effective date of resignation. B. Under conditions set forth above, any former permanent police bargaining unit members having one (1) to four (4) years, and eleven (11) months of previous continuous service as a police bargaining unit member will be placed at a step in accordance with Section 18.3. Former permanent police bargaining unit members -31- having five (5) or more years of previous continuous service may be placed at a step in accordance with Section 18.3. C. Complete six (6) months of satisfactory performance in the F.T.O. program, which includes four (4) months riding with a field training officer and two (2) months riding solo and completing six (6) months in full -duty status with. satisfactory performance. The period of probationary service shall not be less than twelve (12) months nor more than eighteen (18) months, unless extended by the department 18.7 Bargaining unit members in the below listed assignments shall receive a five percent (5%) pay supplement on their base rate of pay: A. Neighborhood Resource Officer B. Bomb Squad C. Complaint Sergeant D. S.W.A.T. E. Field Training Officers F. "Senior Uniform Patrol Officers" and the first full pay period following October 1, 2002 "Senior Uniform Patrol Sergeants" will receive a five percent (5%) pay supplement on their base rate of pay. The Senior Uniform Patrol Officer and the Senior Uniform Patrol Sergeant will receive the pay supplement as defined herein. The five percent (5%) pay supplement will only be paid to bargaining unit members assigned to non -administrative positions. 1. Qualifications a) Senior Uniform Patrol Officer -32- (a) Not less than fifteen (15) consecutive years of service as a sworn police officer in the department. (b) Currently and no less than previous four (4) consecutive years assigned to uniform NET. (c) No evaluations below satisfactory. (d) No sustained IA investigations with a reprimand as discipline within the past two (2) years. b) Senior Uniform Patrol Sergeant (a) Not less than fifteen (15) consecutive years of service in the department. (b) Currently and no less than four (4) years as a sergeant. (c) Currently and no less than previous four (4) consecutive years assigned to uniform NET as a Sergeant. (d) No evaluations below satisfactory. (e) No sustained IA investigations with a reprimand as discipline within the past two (2) years. 2. Under the below listed circumstances, bargaining unit members receiving "Senior Uniform Patrol Officers" or "Senior Uniform Patrol Sergeant" pay shall forfeit such pay. a) Transfer out of uniform NET. b) Promoted. c) Relieved of duty or administratively reassigned (temporary loss during period) 3. Application for "Senior Uniform Patrol Officer" or "Senior Uniform Patrol Sergeant" pay shall be the responsibility of the bargaining unit member and shall be made via red line memorandum submitted through channels to the chairperson of the "Senior Uniform Patrol Officer'' committee. 4. "Senior Uniform Patrol Officer" and "Senior Uniform Patrol Sergeant" pay committee. a) Effective upon ratification of the labor agreement a "Senior Uniforrn Patrol Officer" and "Senior Uniform Patrol Sergeant" pay committee shall be established. Said committee shall be comprised of one F.O.P. representative, one Department representative, and one representative chosen by the first two (2) members. The committee's function will be to review applications for recommendations of approval or denial to the Chief of Police for final approval. The committee shall also review appeals and disputes arising out of the granting or forfeiting "Senior Uniforrn Patrol Officer" or "Senior Uniform Patrol Sergeant" pays. The committee shall establish its own rules and procedures. 18.8 Effective upon the first full pay period following ratification of the labor agreement bargaining unit members in the below listed assignments shall receive a pay supplement as indicated: A. Certified Instructors (CJIS) assigned to MPD Training Unit-- two percent (2%). -34- B. Crisis Intervention Teams (limited to 70 positions) two and one half percent (2.5%) 18.9 Effective the first full pay period following ratification of the labor agreement bargaining unit members assigned to motorcycle positions shall have their salary range rates adjusted such that the salary range rate is fifty ($50) dollars more per month than the base salary rate of their like classifications of Police Officer, Sergeant, Lieutenant and Captain. 18.10 All active sworn bargaining unit members shall receive Crime Prevention pay in the amount of seventy six dollars and ninety-two cents ($76.92) biweekly. Crime Prevention pay shall be subject to pension deductions and applicable federal taxes and shall be included in calculating a bargaining unit member's average earnings for pension purposes. All hours of leave of absence without pay shall be deducted from the Crime Prevention payment on the basis of ninety six cents ($.96) per hour. 18.11 Any bargaining unit member, upon normal retirement from City service, or separating under honorable conditions, 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. 18.12 Any pay supplements received shall be calculated on the bargaining unit member's base rate of pay. Pay supplements shall not be included in bargaining unit member's base rate of pay for purposes of pay off of Sick Leave or Vacation upon separation or retirement from the City, but shall be included in calculating a bargaining unit member's average earnings for pension purposes. Should a bargaining unit member cease to be eligible for a pay supplement yet the bargaining unit member continues to receive the pay supplement, said pay supplement shall be recovered by the City through biweekly pay deductions from the bargaining unit -35- member's paycheck. Such biweekly deductions will be deducted at the same rate or amount as the bargaining unit member was overpaid. If the bargaining unit member ceases to be an employee of the City, any balance due will be deducted from any monies due the bargaining unit member, including retirement benefits. 18.13 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: a) Police Officer $.45 per hour b) Sergeant $.55 per hour c) Lieutenant - $.65 per hour d) Captain $.65 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. It is expressly understood by the parties that shift differential shall not apply to pay for time not worked. It is agreed that night shift differential shall not be used in calculating a bargaining unit member's average earnings for pension purposes. 18.14 Bargaining unit members shall become eligible for a ten (10) year longevity increase based on their most recent date of hire as Police Officers. Leaves of absence without pay or suspensions of any duration shall cause the effective date of the longevity increase to be deferred by the same number of calendar days embraced by said leave. 18.15 Effective the first full pay period following ratification of the labor agreement bargaining unit members shall become eligible for a five percent (5%) one step longevity increase for fifteen (15), twenty (20), and twenty one (21) years and a two and one half percent (2.5%) half step longevity increase at sixteen (16), and twenty two (22) years of service based on -36- their most recent date of hire as a classified City of Miami employee; provided, however, bargaining unit members shall not receive a longevity increase within twelve (12) months of receipt of a previous longevity increase (this provision will not apply during the first year of this contract) or while in probationary status. City service time as a part-time or temporary employee, including Public Service Aide or like classification employment shall not be included for purposes of determining eligibility for fifteen (15), sixteen (16), twenty (20), twenty one (21) and twenty two (22) year longevity increases. 18.16 All changes in salary for reasons of promotion, demotion, merit increase, longevity increase or anniversary increase shall be effective the first full pay period following the effective date of change. 18.17 Leaves of absence without pay, or suspensions of any duration, shall cause the effective date of the longevity or anniversary increase to be deferred by the same number of work days embraced by said leave. 18.18 As part and in consideration of benefits provided in this Agreement to the F.O.P. and the F.O.P.'s good faith effort to cooperate with the City to increase the efficiency of the City, the City hereby makes a good faith representation to the F.O.P. that it will be able to fund this Agreement. 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. 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. -37- 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. 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. 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. Article 20 HOLIDAYS 20.1 The following days shall be considered holidays: New Year's Day Columbus Day -38- President's Birthday Memorial Day Independence Day Labor 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'/2) of their straight time hourly rate or shall be given scheduled compensatory time at the rate of time and half (1%) 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. Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day Article 21 EARNED PERSONAL LEAVE (FLOATING HOLIDAY) 21.1 Effective January 1, 2003, earned personal leave shall no longer be credited to bargaining unit members and shall cease as available time. (Note: the fourteen (14) hours of earned personal leave will be incorporated into vacation leave). -39- Article 22 UNIFORM/CLOTHING ALLOWANCE/CELLULAR PHONE ALLOWANCE 22.1 Upon ratification of the labor agreement, 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 sworn bargaining unit members, depending on assignment or exhibited need, shall be furnished one (1) set of Class C uniforms, one (1) set of rainwear, one (1) helmet, and one (1) winter jacket, which shall be replaced as needed. 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, however, such replacement shall require the requesting party to turn in the uniform he/she is requesting to be replaced. 22.4 The City will reimburse any male full duty sworn officer of the bargaining unit up to five hundred dollars ($500) and any female full duty sworn officer of the bargaining unit up to five hundred fifty dollars ($550) for the purchase of a bulletproof vest. The Chief of Police will supply the F.O.P. with a list of authorized vests and approved vendors. 22.5 Bargaining unit members covered by this Agreement who purchase an approved bulletproof vest will be reimbursed as outlined in this Article subject to the following: -40- A. The bargaining unit member must produce his or her individual fitted bulletproof vest and the receipt of purchase in the officer's name for said vest. B. The Chief of Police will appoint a person to inspect and approve previously purchased bulletproof vests. If in the opinion of the appointed person the vest should be replaced, the purchaser will be reimbursed the amount indicated in Section 22.4 when the bargaining unit member elects to buy a new vest from the approved list, consistent with the requirements of Paragraph A. C. 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 the 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, a bargaining unit member who separates his/her employment; under honorable conditions with ten (10) years of service shall be awarded his/her vest upon request. 22.6 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 the loss, theft, or damage. Provided, however, that current department policy shall apply when the equipment at issue is a City vehicle. In any grievance of an action taken under this section, the City shall bear the burden of proof. 22.7 Bargaining unit members assigned to investigative and/or tactical units that, due to the nature, of their job functions, cannot wear a uniform shall be entitled to a clothing allowance. -41- 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 allowance. Uniformed and nonuniformed assignment will be determined by the Section Major. 22.8 Authorized bargaining unit members shall receive a clothing allowance of fifty-five ($55) per month. Authorized bargaining unit members who are absent without pay, using time from the F.O.P. time pool, on military leave, and on disability leave, shall receive prorated payments. Authorized bargaining unit members not receiving a clothing allowance for any of the above reasons shall begin to receive the allowance on the date of return to regular duty. Bargaining unit members temporarily transferred to a position normally receiving a clothing allowance shall not receive the allowance unless their transfers exceed thirty (30) consecutive working days. Bargaining unit members authorized to receive a clothing allowance as specified. above may select, after their third (3rd) allotment as a police officer and thereafter, one (1) shirt and one (1) trouser/skirt or a combination of uniforms and leather accessories from a list provided by the department not to exceed sixty five ($65). Such selection shall be in lieu of the bargaining unit member's normal uniform allotment. Replacement of these uniform articles shall be replaced as specified in Section 22.1 above, 22.9 Effective upon ratification of the labor agreement, bargaining unit members required to use cellular phones during the course of employment, as determined by the Chief of Police or designee, shall receive a cellular phone allowance of seventy five dollars ($75) per month. Effective upon ratification of the labor agreement, all cellular phones issued by the City, shall be returned to the department. Each member shall be required to purchase a cellular phone at their own expense. Cellular phones must be accessible at all times and must include voicemail. Upon -42- request of the Chief of Police or designee, employees will be required to provide proof of payment of the cellular phone bill. Article 23 PREVAILING BENEFITS 23.1 All job benefits in effect at the time of the execution of this Agreement heretofore authorized by the City Manager or benefits provided for by ordinance of the City Commission, not specifically provided for or abridged by this Agreement, shall remain in full force and effect for the duration of this Agreement. 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. 24.2 Effective the first full pay period following October 1, 2004, the City shall contribute one hundred fifty eight dollars and forty seven cents ($158.47) per pay period toward the cost of bargaining unit member health coverage. Effective the first full pay period following October 1, 2004, the City shall contribute two hundred twenty eight dollars and seventy seven cents ($228.77) per pay period toward the cost of family coverage where the bargaining unit members elects such coverage. -43- 24.3 If the total FOP Health Trust fund drops below two million three hundred fifty thousand dollars ($2,350,000) over the combined twelve (12) months of the Funds' Fiscal Year 2004- 2005, then the City agrees to reimburse the FOP Health Trust for the difference bringing the FOP 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 FOP 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 Fiscal Year 2004-2005, 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. Should the Fund level exceed five million ($5,000,000) dollars at the end of the 2004- 2005 Fund fiscal year then the City's current contribution shall be reduced by any such excess for the 2005-2006 Fund fiscal year. The benefit levels of the FOP 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. agrees to increase premiums charged to bargaining unit members' for both employee coverage and dependent coverage for the health trust for calendar year 2006 to be sufficient to cover fifty percent (50%) of the increase in plan costs from plan year 2004 to plan year 2005. -44- 24.5 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. 24.6 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. 24.7 The F.O.P.'s plan shall provide health insurance benefits that are reasonably comparable to those provided by the City's plan. 24.8 The F.O.P. shall indemnify and hold the City harmless against any claim, demand, suit, or liability and for all legal costs arising in relation to the implementation or administration of the F.O.P.'s health insurance plan. 24.9 The City reserves the exclusive right to set and amend rates charged to sworn police bargaining unit members who participate in the City's plan. 24.10 The F.O.P. agrees to enroll sworn management personnel in its plan if those individuals, elect such coverage. 24.11 In the event the City is required to take back retirees into its City Health Plan, the parties herein will promptly meet and negotiate the following issues: A. Continuation of the FOP Health Trust, if any. B. Placing the active and retired police employees in the City's plan or a City sponsored HMO should one exist. C. Dispersal of plan assets, if any, after all claims are paid. D. And other such insurance issues as may arise. -45- 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 following 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, C. The transfer, promotion, demotion of the authorizing bargaining unit member out of this bargaining unit, -46- 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 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 A F.O.P. time pool is hereby authorized subject to the following: 26.1 The City agrees to establish a time pool bank of seven thousand (7,000) hours 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. 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 .47- 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 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. -48- 26.6 Upon written request through channels, the F.O.P. President and the two (2) designees w1l1 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, 33135, 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 subject the bargaining unit member on pool time to the regular disciplinary processes currently provided for in the Miami Police Department. -49- 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 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 or organization membership and disability or sexual orientation. 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. Article 28 BEREAVEMENT LEAVE 28.1 Any bargaining unit member covered by this 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 -50- 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 or arbitration. -5 1 - 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) and 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 Department Director, and the City Manager or his/her designee, a leave of absence without pay may be granted, for the purpose of entering upon a course of training or study calculated to improve the quality of the bargaining unit member's service to the City through course work directly related to the bargaining unit member's job, for a period not to exceed six (6) months. The request for a leave of absence without pay may be extended for art additional six (6) months upon the approval of the Department Director and approval of the City Manager or his/her designee. Any bargaining unit member requesting said leave of absence without pay shall be required to submit evidence of registration upon entering each.quarter/semester of school. 30.4 Upon approval of the Department Director, and the City Manager or his/her designee, .a leave of absence without pay may be granted, for a good reason, for a period not to exceed ninety (90) days. Approval for said leave of absence without pay is at the sole discretion of the City Manager or his/her designee and shall not be appealable to the Civil Service Board or the grievance procedure. -52- 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 exhaust all vacation and leave banks prior to taking a leave without pay. A request for leave without pay for a serious health condition as provided under the Family and Medical Leave Act shall require the bargaining unit bargaining unit member to use all sick, and vacation leave prior to taking leave without pay. 30.6— Bargaining unit members who take a leave of absence without pay for any reasons specified in 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 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 be deemed a voluntary resignation from the service of the City of Miami without right to grieve or pursue any action or appeal to Civil Service. However, extenuating circumstances may be appealed to the Labor RelationslDeputy Director of Employee Relations who will meet with the Union representative and if the parties do not agree on rescinding the resignation, the resignation shall stand and such action shall be final and binding. -53- 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 Effective January 1, 2003, earned personal leave shall no longer be credited to bargaining unit members and shall cease as available time. (Note: the fourteen (14) hours of earned personal leave was incorporated into the vacation leave accrual). 31.3 Effective January 1, 2003 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. Bargaining unit members will not be credited with anniversary vacation. 31.4 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 -54- 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. 31.5 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 31.6 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. -55- 31.7 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. 31.8 Vacation leave cannot be used in lieu of sick leave_unless otherwise indicated in this Agreement. 31.9 Bargaining unit members who retire upon normal service retirement (Rule of 64 or Age 50) 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 Agreement who volunteer as blood donors to contribute to City approved Blood Donor Organizations will be authorized the absence necessary to accomplish this purpose. The Blood Donor Organization's personnel will- determine what amount of time the donor will need from the point of donation till they are released to go back to work. -56- 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 because of trivial indispositions 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 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 may be allowed to accrue up to eight (8) hours sick leave per month, to be utilized in not less than one (1) hour increments, provided that the bargaining unit member is in pay status at least one hundred and twenty (120) hours per month. 33.3 Bargaining unit members in probationary status will accrue sick leave in accordance with Section 2. However, no sick leave with pay shall be granted during the bargaining unit member's first ninety days (90) of employment. 33.4 In order to receive sick leave with pay, a bargaining unit member must take steps to notify his/her immediate supervisor or the person designated by the Department of Police to receive such notice of illness withi-n thirty (30) minutes after the time scheduled for the beginning of the bargaining unit member's daily duties. It shall be the bargaining unit member's responsibility to notify his/her Department each day the bargaining unit member will be out ill within the time frames outlined above. -57- 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. Other leave time shall be recorded using the following pay codes: VL — Vacation for Illness CI — Compensatory Time 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 28 of this labor agreement the pay code will be as follows: 92 - Illness Without Pay 33.7 All bargaining unit members covered by this 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 Agreement who exercise normal retirement (excluding bargaining unit members who leave on vested rights) shall be paid for one hundred percent (100%) of accumulated sick leave up to seven hundred fifty (750) hours and fifty percent -58- (50%) of accumulated sick leave above seven hundred fifty (750) hours. Bargaining unit members whose sick leave payout was limited to nine hundred sixty (960) hours as a result of having in excess of eight hundred (800) hours as of November 18, 1978 shall have the option of keeping the nine hundred sixty (960) hour limit or selecting -the seven hundred fifty (750) hour limit with payout at one hundred percent (100%) and fifty percent (50%) of accumulated sick leave above seven hundred fifty (750) hours. 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 in Section 33.9, 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, eamed time, and vacation time become fully depleted, bargaining unit members 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 bargaining unit members whose hourly rate of pay is equal to or greater than that of -59- the donee. Such donations of time shall be submitted for approval by the Labor Relations/Deputy Director of Employee Relations 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 Labor Relations/Deputy Director of Employee Relations for a time transfer. The Labor Relations/Deputy Director's decision shall be final. 33.15 Effective January 2003, 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 seven -hundred fifty (750) hours and fifty percent (50%) of accumulated sick leave above seven -hundred fifty (750) hours. 33.16 Effective upon implementation of the Post Employment Health Plan, bargaining unit members covered by this Agreement shall be credited for one hundred percent (100%) of accumulated sick leave up to seven -hundred fifty (750) hours* and fifty percent (50%) of accumulated sick leave above seven -hundred fifty (750) hours at time of severance of service with the Department.* *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 750 hour limitations set forth in Section 33.15. -60- 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: 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. -61- 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 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 or the following: Initial Test Level (ng/ml) GC/MS Level (ng/ml) Marijuana Metabolites 100 15 Cocaine Metabolites 300 150 Opiate Metabolites 300 300 Phencyclidine 25 25 -62- Amphetamines Methaqualone Methadone Propoxyphone 500 300 300 300 Tricyclic Antidepressants 300 Ketamine Gamma-hydroxybutyrat Methalyndioxidemethamphetamine 500 150 150 150 (Confirmatory Presence) (Industry Standards) (Industry Standards) (Industry Standards) (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 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. -63- F. Any test showing a "positive" result will be confirmed by the GCMS 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 disciplinary action up to and including dismissal. The bargaining unit member refusing to be tested shall be placed on leave without pay pending the final determination. 34.5 Any positive test for a controlled substance which is confirmed by Gas Chromatography/Mass Spectrometry (G.C.M.S.) or better testing shall result in discipline up to -64- 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/Phicals 35.1 Should the Florida legislature pass a "heart bill' that grants a presumption to municipal police officers that tuberculosis, heart disease or hypertension has been suffered "in the line of duty", the provisions of the new state law, and not this Article, shall apply upon enactment. Should this occur the City shall have the option of discontinuing the Wellness Program without penalty. 35.2 The provisions of Florida Statutes Section 112.18, currently applicable to firefighters shall be extended to cover all sworn bargaining unit members subject to the following limitations: 35.3 The parties agree that physical fitness and a healthy lifestyle contribute to a strong and well -disciplined police force. To that end, as of the date of ratification of the collective bargaining agreement effective from October 1, 2001 through September 30, 2004, all new sworn bargaining unit members will be required to refrain from the use of tobacco products, on or off duty. This requirement will be reflected for those affected individuals on all register announcements for new sworn police personnel. 35.4 Those bargaining unit members who are required to refrain from the use of tobacco products as set out above and who are found to be using tobacco products in violation of this -65- article, will be disciplined and deemed ineligible for the presumption in Section 35.2 that any heart disease or hypertension is a line of duty injury. Violations of the No Tobacco Use policy will be subject to the Article 6 Grievance Procedure only to the extent of a determination of whether the bargaining unit member was using tobacco products and the severity of departmental discipline imposed. In addition to the departmental discipline a guilty determination will subject the bargaining unit member to ineligibility for heart bill coverage, and this ineligibility shall not be grievable -or-appealable in any forum. 35.5 The parties agree that as the date of ratification of the collective bargaining agreement effective from October 1, 2001 through September 30, 2004, any register announcement for new sworn police personnel shall advise the applicants the City of Miami requires them to maintain their body fat percentages throughout employment at no more than 25% for men and 30% for women on the industry standard scale used by the health facility that provides the annual police physical. Body fat will be measured once a year, at the annual physical. A failure of a body fat test at the annual physical shall render a bargaining unit member ineligible for coverage under this article for at least one (1) calendar year. 35.6 Should a bargaining unit member subject to the body fat requirement become ineligible for "heart bill" coverage under this Article, he/she shall be able to reinstate his/her coverage if a subsequent annual police physical, scheduled by the City, demonstrates he/she has come within the guidelines. A bargaining unit member will not be allowed to substitute any test other than the one annual City physical for eligibility for heart bill coverage under this Article. Under no circumstances will a heart claim which arises during a period of ineligibility be covered, unless the legislature has acted as described above. The denial of coverage for a failure to maintain the body fat percentages as required above and as set out above is not grievable to any forum. -66- 35.7 The City agrees to develop a wellness program with free classes on off duty time for all sworn police bargaining unit members. These classes will consist of, but not be limited to, nutrition, diet, exercise and other areas related to physical fitness. Article 36 SWORN OFFICERS KILLED IN THE LINE OF DUTY 36.1 Any full-time Sworn Miami Police 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 Major. 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 one hundred thousand dollars ($100,000) 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. -67- Article 38 RESIDENCY 38.1 It is agreed that while residency is not a condition of employment a candidate that is otherwise equally qualified will be given, at time of hire, preference for employment in order of domicile as follows: (1) City of Miami resident, (2) Miami -Dade County resident, (3) resident. outside of Miami -Dade County. Article 39 PENSION 39.1 Deferred Retirement Option Plan (DROP) - Effective upon ratification of the labor agreement, a DROP Program shall be established. The DROP of the Retirement System shah consist of a Forward DROP and BACDROP. GENERAL PROVISIONS A. Eligibility 1. Any bargaining unit member who has reached age fifty (50) with ten (10) years of creditable service, or who has attained a combination of age plus years of creditable service equal to sixty four (64), shall be eligible to participate in the DROP. B. Election to participate 1. Upon election of participation in the DROP, through forms and procedures as prescribed by the Pension Board of Trustees, a bargaining unit member's creditable service, accrued 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 -68- commencement of participation in the DROP, the bargaining unit member contribution and the City contribution to the Retirement System for that bargaining unit member shall cease as the bargaining unit member 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 thirty six (36) months, and a maximum of forty-eight (48) months_for those bargaining unit members who elect DROP on October 1, 2003, and thereafter. C. Maximum participation 1. The maximum period of participation in the DROP, is thirty six (36) months, or forty-eight (48) months for those bargaining unit members who elect DROP on October 1, 2003, and thereafter. Once the maximum participation has been achieved, the bargaining unit member must terminate employment. D. Individual Account 1. For each person electing participation in the DROP, an individual account shall be created. E. DROP Account Earnings 1. 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 due to the option selected by the participant shall not be the responsibility of the City of Miami or the FIPO trust fund, and shall be borne by the participant only. Upon -69- participation in the DROP, the participant shall make a selection of the earnings program through forms provided by the board. All interest shall be credited to the participant's DROP account. F. DROP Benefits Distribution 1. Upon conclusion of a period of participation in the DROP not to exceed the maximum set forth in Section 39.1C, the member shall terminate employment. Upon termination of employment, a member may receive payment from the DROP account in the following manner: a) Lump sum; b) Periodic payments; c) Annuity; d) Rollover of the balance to another qualified retirement plan. 2. A member may defer payment until the latest date authorized by Section 401(a)(9) of the Internal Revenue Code. G. Disability or Death 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 nc accidental death benefit for pension purposes. 3. This article shall not affect any other death or disability benefit's provided to a bargaining unit member under federal law, state law, City ordinance, or this Agreement. -70- H. COLA 1. Eligibility for payments for cost of living adjustment (COLA) shall riot commence until a member has actually separated from employment with the City. COLA service years shall be based upon creditable years of service in calculating the bargaining unit member's pension. For the purpose of complying with Section H(3)(m) of the Amended Final Judgment in Gates, the bargaining unit member's "Date of Retirement" shall be the date of actual termination of employment as a bargaining unit member with the City of Miami Police Department and not the date of election to DROP. 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 member would have received had the 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- 203(m) of the Miami City Code. Upon conclusion of a period of participation in the DROP not to exceed the maximum set forth in Section 39.1 C, the member shall terminate employment with the City of Miami. -71- Election of a FORWARD Drop Program precludes participation in a BACDROP Program. BACDROP A. Eligibility: Effective upon ratification of the labor 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 purposes of the BACDROP shall be actuarially calculated to be the equivalent to the benefit earned at the date of retirement. Said calculation shall 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 shall 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 shall be based on the assumed investment return of the fund without discount for mortality, and deposited into the newly created DROP account. 39.2 Investment Expenses: Effective as of the actuarial valuation for October 1, 1998, the investment return assumption shall be net of any investment expense assumption. 39.3 Leave Balance Payoff Option: Bargaining unit members electing to retire may select payment of leave balances upon retirement as currently specified under the labor agreement and/or leave payoff practices. -72- A. The parties acknowledge that upon ratification of this Agreement, the right to purchase three (3) years of credible service as currently provided for in Section 40-202 of the City of Miami Code will be eliminated. Article 40 BID PROCESS/SENIORITY 40.1 The Department shall be limited to a once per year citywide bid of all Field Operations Division positions. The Department shall determine what slots will be staffed and filled- 40.2 The Department shall continue to fill slots as openings occur during the year through the regular bidding process. The Department 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. Those bargaining unit members who have been temporarily assigned will come from personnel most recently transferred to Field Operations Division, laterals from Department, probationary officers/sergeants and certified officers who have not bid for a permanent position. Temporary assignments will be for a period not to exceed twelve (12) months. 40.3 Seniority shall only be determinative in shift assignment and in the assignment of days off upon an opening occurring within a patrol unit. In a specialized unit seniority will be defined as continuous time within the specialized unit. Seniority shall not be a prevailing factor for assignment to a specialized unit. 40.4 Seniority shall, for the purpose of this Article, be defined as date of rank excluding probationary (promotional and initial) and non -sworn status. Where seniority by date of rank is equal the date of hire as a police officer 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 -73- of hire as a police officer will be utilized. Leaves of absence without pay or suspensions of any duration shall not count toward seniority. 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 Chiefs designee. Article 41 VEHICLE PROGRAM 41.1 In an effort to reduce costs to the City in maintenance, repairs, accidents and liability, the following take-home vehicle program will be implemented: A. All sworn bargaining unit members will be assigned a twenty-four (24) hour vehicle. B. Bargaining unit members may be entitled to a twenty-four (24) hour vehicle after successful completion of the six (6) month FTO program on an experimental basis. The twenty-four (24) hour vehicle may be cancelled at anytime al: management's discretion. Entitlement to a twenty-four (24) hour vehicle under this program shall be based on management's discretion and vehicle availability. This experimental program will terminate September 30, 2005 in any event. In the event that this experimental program is terminated, bargaining unit members will receive their take home vehicle once they have fully completed their required probationary period. C. Twenty-four (24)-hour vehicles will only be used for travel to and from the bargaining unit member's home and work or any function within the scope of his/her official duties. -74- D. Twenty-four (24) hour vehicles will only be used for personal reasons within the boundaries of the City of Miami. E. Under no circumstance will a City vehicle be used to transport a passenger outside the scope of his/her official City business. F. Any bargaining unit member involved in a vehicular accident determined to be preventable by the Accident Review Board will lose the privilege of a twenty-four (24) hour vehicle as follows: Reasonable action No injuries Under $1,000 damage Reasonable action No injuries Over $1,000 damage No Loss 1 Month Reasonable action 2 Months Injuries Unreasonable action 3 Months No injuries Unreasonable action 6 Months Injuries G. The above -mentioned penalties will be assessed in addition to any disciplinary actions -that may be imposed by the City. H. A bargaining unit member, whose twenty-four (24) hour vehicle is unavailable due to rhaintenance, repairs, or damage, will not require the replacement of said vehicle on a twenty-four (24) hour basis. I. Departmental policy on the use and operation of police vehicles shall apply. J. Effective upon ratification of the labor agreement it will be the intent of the City to replace twenty four (24) hour vehicles every seven (7) years with no mileage -75- requirements. However, the City will purchase one hundred and fifty (150) vehicles per year unless the seven (7) year replacement schedule requires fewer vehicles to be purchased or the vehicle is no longer in a safe operable condition. Mid -size vehicles may be purchased as replacement vehicles if the vehicle being replaced is not a pursuit vehicle in patrol. In lieu of replacing pursuit vehicles the City may elect to rebuild pursuit vehicles. K. The F.O.P. agrees that bargaining unit members will be required at their expense to have routine preventative maintenance performed on their assigned City owned vehicle. Those maintenance items that bargaining unit members will be required to have performed on their vehicles shall include the following: 1) Check and refill if necessary, power steering fluid, radiator coolant reservoir, transmission fluid, and tire pressure. 2) Wiper blade inspection. 3) Lubricate chassis, hood, and door hinges. 4) Oil and oil filter change, (API Service SF/CC RPMHD -10 W-30 energy conserving or 30-40 W). (Motorcycle preventive maintenance shall include change of oil, change of all, fluids, and lubrication of chassis). Such preventive maintenance shall be performed every five thousand (5,000) miles (preventive maintenance for motorcycles shall be performed every four thousand (4,000) miles and K-9 vehicles every five thousand (5,000) miles) by an ASC certified vehicle maintenance center located within the City of Miami. -76- L. All bargaining unit members who are assigned a twenty-four (24) hour vehicle are required to maintain a vehicle maintenance log, which, is subject to inspection, by the City. Bargaining unit members who fail to provide the prescribed preventive maintenance log shall be subject to disciplinary action including but not limited to: 1. Repair cost due to damage of their assigned vehicle. 2. Maintenance cost. 3. Loss of twenty four (24) hour vehicle. 41.2 It is agreed by the F.O.P. that vehicle maintenance will be performed only while the bargaining unit member is on duty. The F.O.P. also agrees that overtime pay requirements shall not apply concerning any matter for which overtime is currently not being paid for off -duty preventive maintenance of assigned vehicles. 41.3 Vehicles determined to be unsafe to drive by the City will automatically be taken off- line. 41.4 Departmental policy on damage of a City vehicle shall apply. 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 Miami -Dade County, Broward County; other approved County educational institutions, or any accredited on-line institution in the United States. Other educational programs may be covered, provided the City and the F.O.P. mutually agree upon inclusion of the educational program. -77- 42.2 Any full-time sworn, permanent 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 Labor Relations/Deputy Director, Department of Employee Relations. Course work taken under provisions of this Article must be directly related to the 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 Effective upon ratification of the labor agreement reimbursement will be limited to straight tuition costs up to a maximum of one thousand dollars ($1,000) per calendar year. Books, incidental fees, and other 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 successful completion to the City. Successful completion must be evidenced by a grade of "C" or better. 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 his department or the Employee Relations Department. -78- 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 then review the application and if approved forward the original and one copy to the Employee Relations Department. If the application is disapproved, it is then returned to the bargaining unit member by the Chief of Police. D. The Employee Relations Department has the 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. 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 have been 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 termination from the City through a deduction from his final paycheck. 42.8 Upon completion of the course work, the bargaining unit member must submit his 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. -79- Article 43 POST EMPLOYMENT HEALTH PLAN 43.1 The parties agree that the union will explore «,.. . -Thility of establishing the Fraternal Order of Police, Lodge #20, Post Employment Health Plan ("PEHP''), 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. Prior to establishment of the PEHP, the parties agree to modify the existing Leave Balance Transfer Agreement between the IAFF, FOP and City of Miami to allow for the transfer of sick leave to the PEHP. 43.3 The PEHP will establish individual accounts for each member in the PEHP. 43.4 Effective upon creation of the PEHP, or as soon thereafter as possible, it is the intent of the parties that upon severance of service from the Department all members will have their sick leave balances calculated at their rate of pay at time of severance and transferred to their PEHP accounts. 43.5 The parties agree that any losses, charges or expenses incurred by the participant in the PEHP will be borne by the participant and shall not be made up by the City of Miami, the F.O.P. or the PEHP. Article 44 TERM OF AGREEMENT 44.1 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 -80- the City Manager, shall become effective October 1, 2004, except where otherwise stipulated. The Agreement shall continue in force and effect until 11:59 p.m., September 30, 2005. 44.2 It is expressly agreed that during the term of this Agreement, and any status quo period thereafter, the F.O.P., may reopen any part of this Agreement, in the event that either the I.A.F.F., Local 587, A.F.S.C.M.E., Local 1907 or A.F.S.C.M.E., Local 871 should receive a higher benefit or wage. The F.O.P. would automatically be entitled to those same additional benefits. This clause will be in force and effect for the term of this Agreement and any status quo period thereafter. 44.3 On, or at its option before, thirty (30) days after the ratification vote by the City Commission, 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). 44.4 On, or at its option before, thirty seven (37) days after the ratification vote by the City Commission, 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 (sample) and new language will be underlined (sample). 44.5 Initial discussions shall thereafter, and no later than June 1, 2005, be entered into by the City and the F.O.P. -81- 44.6 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. 44.7 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. Agreed to this day of , 2005 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 -82- CITY CLERK APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY -83- Job Codes/ Range Title Step 1 Step 2 #5005 Range 24C Police Officer #5006 Range 02C Police Officer Motor $37,817 $38,444 #5011 Range 27C Police Sergeant $43,866 S39,746 $40,373 $46,058 #5014 Range 03C Police Sergeant Motor $44,494 S46,685 #5012 Range 30C Police Lieutenant #5015 Range 04C Police Lieutenant Motor $50,764 $51,391 #5013 Range 33C Police Captain Salary *Police Recruit $58,713 $35,926 $53,248 $53,875 $61,665 Step 3 $41,821 $42,448 $48,308 $48,935 $55,995 $56,622 $64,792 Step 4 $43,866 $44,494 $50,764 $51,391 S58,713 $59,340 $68,065 Appendix "A" Effective October 1, 2004 Step 5 $46,058 $46,685 $53,248 S53,875 $61,665 $62,292 $71,367 Step 6 $48,308 $48,935 $55,995 S56,622 $64,792 $65,419 $74,991 Step 7 $50,764 $51,391 $58,713 $59,340 $68,065 $68,692 $78,820 1st Long Year 10 S53,248 $53,875 $61,665 $62,292 $71,367 $71,995 $82,765 2nd Long Year 15 $55,995 $56,622 $64,792 $65,419 $74,991 $75,618 $86,827 3rd Long Year 16 $57,395 $58,022 $66,412 $67,039 $76,866 $77,493 $88,998 4th Long Year 20 $60,265 $60,892 $69,732 $70,359 $80,709 $81,336 $93,448 *(Entry level Police Recruits will be paid 5% less than step 1 of the Police Officer for the first six (6) months). The salaries listed represent an approximation. The salary schedule issued by Employee Relations Department is the official City salary document. 5th Long Year 21 $63,278 $63,905 $73,219 $73,846 $84,745 - $85,372 $98,120 6th Long Year 22 $64,860 $65,487 $75,049 $75,676 $86,863 $87,491 $100,574 INDEX ARTICLE ]PAGE 4-10 Work Schedule 28 Agreement 1 Appendix "A" 84 Bereavement Leave 50 Bid Process/Seniority 73 Blood Donors 56 Bulletin Boards 21 Commendation Paid Leave 51 Department Disciplinary Review Board 22 Disciplinary Procedure 13 Discrimination 50 Dues Check Off 46 Earned Personal Leave (Floating Holiday) 39 F.O.P. Time Pool 47 Family Medical Leave and Leave Without Pay S2 Grievance Procedure 7 Group Insurance 43 Heart Bill 65 Holidays 38 Line of Duty Injuries 17 Management Rights 4 No Strike 5 Non Duty Court Appearance 67 Notices 21 Overtime/Compensatory Time 26 Pension 68 Post Employment Health Plan $0 Preamble 1 Prevailing Benefits 43 Recall and Court Time 24 Recognition 1 Representation of the City 2 Representation of the F.O.P. 3 Residency 68 Rules of Construction 12 Sick Leave 57 Standby 29 Substance/Alcohol — Personnel Screening 61 Sworn Officers Killed In the Line of Duty 67 Table of Contents i Term of Agreement 80 Total Agreement 38 Transfers 25 Tuition Reimbursement 77 Uniform/Clothing Allowance 40 Vacation 54 Vehicle Program 74 Wages 29 -85-